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Ord G-234(05-56) OHDINANCE G-234. AN ORDINANCE REPEALING SECTIONS 29-1 THROUGH SECTION 29-7, INCLUSIVE, OF CHAPTER 29 OF THE CODE OF OP~DINANCE$ OF THE CITY OF DELRAY BEACH AND ENACTING IN LIEU AND STEAD THM~EOF AN ORDINANCE TO PROMOTE THE HEALTH, SAFETY, MORALS AND GENERAL WELFARE OF THE INHABITANTS OF THE CITY OF DELRAY BEACH, FLORIDA; TO FACILITATE THE ADEQUATE PROVISION OF TtL~NSPORTATION, S~F~AGE, WATF~R, SCHOOLS, PARKS AND OTHER PUBLIC REQUIReMEnTS, AND TO REGULATE AND RESTRICT THE LOCATION AND USE OF BUILDINGS, STRUCTURES, LAND AND WATER FOR TRADE, INDUSTRY, RESIDEI~CE OR OTHER PURPOSE~ TO REGULATE AND RESTRICT THE E~ECTION, CONSTRUCTION, RECONSTRUCTION OR ALTERATION OF BUILDINGS; TO REGULATE AND RESTRICT THE HEIGHT, NUMBE~ OF STORIES AND SIZE OF ALL BUILDINGS AND STRUCTURES, AND THE SIZE OF ALL YARDS AND OTHER OPEN SPACES SURROUNDING BUILDINGS; TO REGULATE AND RESTEICT THE DENSITY OF POPULATION, AND FOR ALL SAID PURPOSES TO DIVIDE ~qE CITY INTO DISTRICTS OF SUCH NUMBER, SHAPE AND AREAS AS MAY BE BEST SUITED TO CARRY OUT THESE REGULATIONS; TO PRESCRIBE PENALTIES FOR THE VIOLATIONS OF ITS PROVISIONS; AND TO PROVIDE FOR CHANGES AND AMEND~TS;ANI) 'fO PI{OVII)E FOH ITS ENF()tiC~]MEN'f. WHERFAS, by the provisions of Florida Statutes of 1941, Section 176, and the Charter of the City of Delray Beach, the Mayor and City Commission of the City of Delray Beach are authorized to establish districts or zones within its corporate limits for the purpose of regulating the use of land and buildings, the height of buildings, the size of open spaces surrounding buildings and dermity of population, and WHEREAS, the Mayor and City Commission of the City of Delray Beach deem it necessary in order to lessen congestion in the streets; to secure safety from fir% panic and other dangers; to promote the health and general welfare; to provide adequate light and air, to prevent overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provisions of transportation, water, sewerage, schools, parks and other public requirements, to make and promulgate such regulations with reasonable consideration among other things, to the character of the district and its peculiar suitability for particular uses, and to conserve and stabilize property values and encourage the most appropriate use of land thruout said city in accordance with a com- prehensive plan. NOW~ THEREFORE, BE IT ORDAINEI) BY ~HE MAYOR AND CITY COMMISSION OF THE CITY OF DELRAY B~CH, FLORIDA: -2- SECTION !, DEFINITIONS For the purposes of this ordinance, certain terms and words are defined as follows: All words used in the present tense shall include the future tense; all words in the singular number shall include the plural number; and all words in the plural number shall include the singular number unless the natural construc- tion of the wording indicates otherwise; the words "used for" shall include the meaning "designed for"; the word "structure" shall include the word "building", the word "lot" shall include the words "plot" and "tract" and the word "shall" is mandatory. ACCESSORY BUILDING. A building the use of which is incidental to that of the main building and located on the same lot or parcel of land. ACCESSORY BUILDING, ATTACHED. A builing which has at least twenty-five (25) per cent of any wall common with a wall or portion of a wall of the main building, or is built as an integral part of the main building, or which is attached to the main building by a roof, as by a breezeway. ACCESSORY USE. A use incidental and subordinate to the principal use or building and located on the same lot or parcel of land with such principal use or building. ALLEY. A roadway which affords only a secondary means of access to abutt- ing property and not intended for general traffic circulation. APARTk~ENT HOTEL. An apartment house which furnishes services, for the use of its tenants, which are ordinarily furnished by hotels, but the privileges of which are not primarily available to the public. BOARD. The word "Board" shall be construed to mean the City Planning Board and Zoning Commission of Delray Beach as now constituted. BOARDING (ROOMING) HOUSE. Any house or other structure, or any place or location kept, used, maintained, advertised or held out to the public to be a place where living quarters, sleeping or housekeeping accomodations are supplied for pay to transient or permanent guests or tenants. BUILDING. Any structure having a roof supported by columns or ~alls. BUILDING, HEIGHT OF. The vertical distance measured from the average elevation of the proposed finished gr,.de at the front of the building to the highest point of the roof for flat roofs; to the deck line of mansard roofs, and the mean height between the eaves and ridge for gable, hip or gambrel roofs. CARPORT. A canopy or shed open on three sides and attached to the main building, for the purpose of providing shelter for one or more motor vehicles. CLINIC. A building or portion thereof designed for, constructed or altered for the use of one or more physicians, surgeons, dentists or practitioners in related specialties or a combination of persons in these professions. CLUB. Buildings or facilities owned or operated by a co~poration, asso- ciation, person or persons, for a social, educational or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as a business. COURT. An open unoccupied space, other than a yard, on the same lot with a building and bounded on two or more sides by such building. DWqE~LING, SINGLE FAMILY. A detached building designed for, or occupied exclusively by one family as a housekeeping unit. DWELLING, TWO FAMILY (DUPLEX). A detached building designed for or occupied exclusively by two families living independently of each other. DWELLING, MULTIPLE (APAi~TMkNT HOUSE). A building or portion thereof designed for occupancy by three or more families living independently of eac~ other. EFFICIENCY APAR~ENT. A dwelling unit consisting principally of one room and alcoves, equipped with kitchenette and bath, designed and intended to be used as the temporary abode of transients and seasonal occupants. FAMILY. Any number of individuals living together as a single housekeeping unit and doing their cooking on the premises, as distinguished from a group occupying a boarding house, lodging house or hotel, as herein defined. FILLING STATION. Any building or premises used for the dispensing, sale or offering for sale at retail o~ any automobile fuels, oils or accessories. FRONTAGE. All the property abutting one (1) side of a street between two (2) intersecting streets, measured along the street line. GARAGE APAR~M~T. An accessory or subordinate building, not a part of or attached to the main building where a portion thereof contains living facilities for not more than one (1) family and the enclosed space for at least one automobile is attached to such living quarters. GARAGE, MECHANICAL. Any building or premises where automotive vehicles are repaired, rebuilt, reconstructed or stored for compensation. GAP~.GE, PRIVATE. A detached accessory building or portion of a principal building for the parking or temporary storage of automobiles of the occupants of the premises. A private garage shall include carport. GARAGE, STORAGE. Any-building or premises, other than a private or mechan- ical garage, used exclusively for the parking or storage of motor vehicles. GRADE. (a) For buildings adjoining one street only the elevation of the sidewalk at the center of the wall adjoining the street. (b) For buildings adjoining more than one street, the average of the ele- vations of the sidewalk at the centers of all walls adjoining streets. (c) For buildings having no wall adjoining the street, the average level of the finished surface of the ground adjacent to the exterior walls of the building. GUEST HOUSE. Any dwelling, in which rooms are rented for the temporary care or lodging of transients and travelers for compensation and so advertised to the public. GUEST COTTAGE. A guest cottage is a building occupying not more than 1/20 of the area of the lot on~hich it is situated and which is used exclusively for housing members of the family occupying the principal dwelling or their non- paying guests, the maximum area not to exceed 700 square feet and complying with the general building height and yard regulations for main buildings. HOME OCCUPATION. Any occupation in connection with which there is kept no stock in trade nor commodity sold upon the premises, no person employed other than a member of the immediate family residing upon the premises, and -5- no mechanical equipment used except such as is permissible for purely domestic or household purposes; and in connection with which there is used no sign other than an unlighted name plate not more than one (1) square foot in area, nor display that will indicate from the exterior that the building is being utilized in part for any purpose other than that of a dwelling. HOTEl. A building or other structure kept, used, maintained, advertised as or held out to the public to be a place where sleeping accomodations are sup- plied for pay to transient or permanent guests or tenants, in ~hich ten or more rooms are furnished for the accomodation of such g~ests; and having or not having one or more dining rooms, restaurants or cafes where meals or lunches are s~rved to transient or permanent guests, such sleeping accomodations and dining rooms, restaurants or cafes, if existing, being conducted in the same building or build- ings in connection therewith. LAUNDRY, SELF-SERVICE. A business rendering a retail service by renting to the individual customer equipment for the washing and drying of laundry. LOADING SPACE. A space on the lot or parcel of land accessible to an alley or street not less than ten (10) feet in width, twenty (20) feet in depth and ten (10) feet in height. LOT. A parcel of land occupied or intended for occupancy by one main build- ing together with its accessory buildings; including the open spaces and parking spaces required by this ordinance. For the purpose of this ordinance the word "lot" shall be taken to mean any number of contiguous lots or portions thereof, upon which one or more main structures for a single use are to be erectedi LOT OF ~CORD. A lot which is a part of a subdivision, the map of which has been recorded in the office of the Clerk of the Circuit Court of Palm Beach County, Florida.. LOT, CO~ER. A lot abutting upon two (2) or more streets at their inter- section. LOT DEPTH. The depth of a lot is the distance measured in the mean direc- tion of the side lines of the lot from the midpoint of the front lot line to ~he midpoint of the opposite main rear line of the lot. -6- LOT, DOUBLE FRONTAGE. A lot having a frontage on two (2) ~on-intersect- lng streets, as distinguished from a corner lot. LOT, INTERIOR. A lot other than a corner lot. LOT WIDTH° The mean horizontal distance between the side lines of the lot measured at right angles to the depth. MOTEL. A .group of eight (8) or more attached guest rooms or apartments without housekeeping facilities, with automobile storage or parking space pro- vided in connection therewith, designed and used primarily by automobile transient s. NON-CONFORMING USE. A building or the use of a building, or land, that does not conform to the regulations of the Use District in which it is located. NURSING (CONVALESCENT) HOME. A home for the aged, chronically ill or incurable persons in which three (3) or more persons not of the immediate family are received, kept or provided with food and shelter or care for compensation; but not including hospitals, clinics or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured. PARKING LOT. An open area which is used for the tenporary parking of automobiles. PARKING SPACE. A surfaced area, enclosed or unenclosed, sufficient in size to store one (1) automobile, together with a driveway connecting the park- ing space with a street or alley and permitting ingress ane egress of an aut omobil e. SHOPPING C~NTER. A group of retail stores planned and developed for the site upon which they are built as a unit. STORY° That portion of a building included between the surface of any floor and the surface of the next floor above it, or if there be no floor above it, then the space between such floor and the ceiling next above it. STORY, HALF. A story under a gabled, hipped or gambrel roof the wall plates of which on at least two (2) opposite exterior walls are not more than three (3) feet above the finished floor of such story. STR~. A public thorofare which affords principal means of access to abutting property. -7- STR~T LINE. A dividing line between a lot, tract or parcel of land and a contiguous street. STRUCTURE. Anything constructed or erected, the use of which requires permanent location on the land, or attached to something having a permanent location on the land. STRUCTURAL ALTERATIONS. Any change in the supporting members of a build- ing, such as bearing walls, bearing partitions, columns, beams or girders, or any complete rebuilding of the roof or the exterior walls. SUBDIVISION. A division of land into two or more lots, plots or sites. USED CAR LOT. A lot or group of contiguous lots, used for the storage, display and sales of used automobiles and where no repair work is done except the necessary reconditioning of the cars to be displayed and sold on the pr emis es. USED CAR JUNK YARD. A lot or group of contiguous lots used for the dis- mantling or wrecking of used automobiles or the atorage, sale or dumping of dismantled or wrecked cars or their parts. YARD. An open space on the same lot ~ith a building, unoccupied and un- obstructed from the ground upward, except by trees or shrubbery or as other- wise provided herein. YARD, FRONT. A yard across the full width of the lot, extending from the front line of the building to the front line of the lot, excluding steps. YARD, HEAR. A yard extending across the rear of a lot measured between lot lines and being the minimum horizontal distance between the rear lot line and the rear of the main building or any projections other than steps, unen- closed balconies or unenclosed porches. On corner lots the rear yard shall be considered as parallel to the street upon which the lot has its least diman- sion. On both corner and interior lots the rear yard shall in all cases be at the opposite end of the lot from the front yard. YARD, SIDE. A yard between the building and the side liUe of the lot and extending from the front lot line to the rear lot line. -8- SECTION 2. BISTRICTS AND BOUNDARIES THEREOF In order to regulate and limit the height and size of buildings; to regu- late and limit the intensity o£ the use of lot areas,; to regulate and deter- mine the areas of open spaces within and surrounding buildings; to classify, regulate and restrict the location of trades and industries; and the location of buildings designed for specified industrial, business, residential and other uses the City of Delray Beach, Florida, is hereby divided into districts of which there shall be nine (9) known as: R-1 AAA - Single Family Dwelling District R-1 AA - Single Family Dwelling District R-1 A - Single Family Dwelling District R-1 - Single Family Dwelling District R-2 - One and Two Family Dwelling District R-3 - Multiple Family Dwelling District C-1 - Limited Commercial District C-2 - General Commercial District C-3 - Wholesale Distribution and Light Industrial District The boundaries of the districts are shown upon the map accompanying this ordinance and made a part thereof, and entitled "Zoning Map of Delray Beach, Florida, 1956". The Zoning Map and all the notations, references and other information shown thereon are a part of this ordinance and have the same force and effect as if such information set forth on the map were all fully described and set out herein. This Zoning Map properly attested is on file in the office of the City Clerk. In thecreation, by this ordinance, of the respective districts, the Com- mission has given due and careful consideration to the peculiar suitability of each and every such district for the particular regulations applied thereto and the necessary proper and comprehensive groupings and arrangements of the various uses and densities of population in accordance with a well considered plan for the development of the city. The boundaries of such districts as are shown upon the map adopted by this -9- ordinance or amendment thereto, are hereby adopted and approved and the regula- tions of this ordinance governing the use of land and buildings, the height of buildings, building site areas, the size of yards about buildings and other matters as hereinafter set forth, are hereby established and declared to be in effect upon all land included within the boundaries of each and every district shown upon said map. Where uncertainty exists as to boundaries of any district shown on said map the following rules shall apply: 1. ;~ere such district boundaries are indicated as approxLmately follow- ing street lines, alley lines or lot lines, such lines shall be construed to be such boundaries. 2. In unsubdivided property or where a district boundary divides a lot, the location of such boundary, unless the same is indicated by dimensions, shall be determined by the use of the scale appearing on the original map. ~.~-~.d~~~y~ivides a.~o~he~,~t~~ -. 3. In case any further uncertainty exists, the Commission shall interpret the intent of the map as to the location of such boundaries. i. Where any street or alley is hereafter officially vacated or abandoned, the regulations applicable to each parcel of abutting property shall apply to that portion of such street or alley added thereto by virtue of such vacation or abandonment. 5. Territory which may hereafter be annexed to the City of Delray Beach shall be classified in the R-1 AA Single Family Dwelling District until other- wise changed by ordinance as provided herein. SECTION 3. EXCEPT AS HEREINAFTER PROVIDED 1. No building shall be moved, erected, reconstructed or structurally altered, nor shall any building or land be used which does not comply with all the district regmlations specified by this ordinance for the district in which the building or land is located. -10- 2. The minimum yards and other open spaces including the "intensity of use" provisions contained in this ordinance for each and every building herein- after erected or structurally altered, shall not be encroached upon or con- sidered as yard or open space requirements or "intensity of use" requirements for any other building. 3. Every building hereafter erected or structurally altered shall be located on a lot as herein defined and in no case shall there be more than one (1) principal building and the customary accessory buildings on one lot or parcel of land. &. No yard, court or open space, or part thereof, shall be included as a part of the yard, court or open space similarly required for any other build- ing, structure or dwelling under these regulations. SECTION 4: R-1 AAA SINGLE FAMILY DW~ING DISTRICT A. USES PERMITTED '~Within any R-1 AAA Single Family Dwelling District no building, structure or land shall be used and no building shall be erected, structurally altered or e~larged, unless otherwise permitted by these regulations, except for the following uses: 1. Single (one) family dwellings. 2. Accessory buildings and uses when located on the same lot or parcel of land as the principal structure and customarily incident thereto. B. BUILDING HEIGHT LIMIT No building or structure shall exceed two and one-half (2½) stories or thirty-five (35) feet in height, except as provided in Section 13. C. BUILDING SITE AREA REQUIRED Every lot or parcel of land shall have an area of not less than twelve thousand five hundred (12,500) square feet and a frontage at the building line of at least one hundred (100) feet, and a depth of at least one hundred and ten (ll0) feet. Where a lot or parcel of land has an area or width less than the above a~d was a lot of record at the time of the effective date of this ordinance, -ll- said lot may be used for a single (one) family dwelling provided the minimum side, front and rear yard requirements as set forth herein are conformed with. D. YARD REGULATIONS 1. FRONT YARD. There shall be a front yard having a depth of not less than thirty-five (35) feet measured from the street right-of-way line to the wall of any building or structure. ~fnere lots comprising forty (iO) per cent or more of the frontage on one side of the street between two intersecting streets are developed with buildings that have front yards greater than thirty-five (35) feet no building shall project beyond the average front yard so established. (a) On "thru" lots having a frontage on two streets, the required front yard shall be provided on both streets. 2. SIDE YARD. There shall be a side yard on each side of the principal build- ing having a width of not less than twelve (12) feet. On a corner lot there shall be a side yard of not less than thirty-five (35) feet measured from the property line of the intersecting street. 9. REAR YARD. There shall be a rear yard having a depth of not less than twelve (12) feet. 4. Where set back lines have been established on any street or highway for the purposes of future street widening, front and side yards shall be measured from said set back line or lines. E. MINIMUM FLOOR AREA REQUIRED The minimum required first floor area of a one, one and one-half or two story building, exclusive of terraces and unroofed areas, but including fifty (50) per cent of attached garages, carports and screened porches, shall be 2,200~ 1,600 and 1,200 square feet respectively. Screen top patios are con- sidered unroofed areas. F. PARKING R~UIR~ENTS Two (2) parking spaces shall be provided for each dwelling structure (see Section 12). -12- G. ACCESSORY BUILDING REQUIRHM~NTS i. Accessory buildings shall not be located less than twelve (12) feet from any side and rear property line. 2. Where the accessory building is attached to the principal building or connected thereby with a breezeway, the side yard shall be measured from the outer wall thereof. 3. No garage or other accessory building shall be erected before the prin- cipal building is under construction to the point of being fully enclosed. SECTION ~.: R-1 AA SINGLE F~/~ILY DWE.~J~ING DISTRICT A. USES PERMITTED Within any R-1 AA Single Family Dwelling District, no building, structure or land shall be used, unless otherwise permitt'ed by these regulations, except for one or more of the following uses: 1. Single (one) family dwellings and accessory buildings customarily incident thereto. 2. Permissive uses as noted inSection 13. B. BUILDING HEIGH~T LIMIT No building shall exceed two and one-half (2~) stories or thirty-five (35) feet in height except as provided in Section 13. C. BUILDING SITE AREA REQUIRED Every lot or parcel of land shall have an area of not less than nine thousand five hundred (9,500) square feet, a frontage at the building line of at least seventy-five (75) feet on interior lots, ninety-five (95) feet on corner lots and a depth of at least one hundred(lO0) feet. Where a lot or parcel of land has an area or width less than the above and was a lot of record at the time of the effective date of this ordinance, said lot may be used for a single (one) family dwelling provided the minimum side, front and rear yard requirements as set forth herein are conformed with. D. YARD REGULATIONS 1. FRONT YARD. There shall be a front yard having a depth of not less than thirty (~30) feet measured from the street right-of-way line to the wall of any -13- building. Where lots comprising forty (~0) per cent or more of the frontage on one side of the street between two intersecting streets are developed with buildings that have front yards greater than thirty (30)f eet no building shall project beyond the average front line so established. 2. SIDE YARD. There shall be a side yard on each side of the principal build- ing having a width of not less than ten (10) feet. On a corner lot there shall be a side yard of not less than thirty (30) feet measured from the property line of the intersecting street. On corner lots of record with less than ninety-five (95) feet frontage on either intersecting street, the set back shall be thirty (30) feet from the narrow street frontage and fifteen (15) feet from the long street frontage; the other two sides seven and one,half (7½) feet. %fnere interior lots of record at the effective date of this ordinance have widths of less than sixty (60) feet, a side yard of not less than seven and one-half (7½) feet shall b e provlded. 3. REAR YARD. There shall be a rear yard of at least ten (10) feet in depth. ~. Where set back lines have been established on streets or highways for the purpose of future street widening the front and side yards shall be measured from said set back line. E. MINIMUM FLOOR AREA REQUIRE~. The minimum required first floor area for a one, one and one-half and two story building exclusive of terraces and unroofed areas, but including fifty (50) per cent of the area of attached garages, carports and screened porches, shall be 1,250, 1,100 and 900 square feet respectively. Screened top patios are considered unroofed areas. F. PARKING REQUI.R.~MENTS See Section 12. G. ACCESSORY BUILDING REQUIR~NTS 1. Accessory buildings shall not be located less than ten (10) feet from any side or rear property line, except as provided in paragraph D - 2. 2. Where the accessory building is attached to th~ principal building or connected thereby with a breezeway, the side yard shall be measured from the outer wall thereof. 3. No garage or other accessory building shall be erected before the principal building is under construction to the point of being fully enclosed. SECTION 6~ P~l A AND R-1 SINGLE FAMILY DWELLING DISTRICTS A. USES PERMITTED Within any R-1 A and R-1 Single Family Dwelling District, no building, structure or land shall be used, except for one or more of the following uses: 1. Any use permitted in the B-1 AA Single Family Dwelling district. 2. Home occupations as defined in Section 1. 3. Permissive uses as noted in Section 13. B. BUILDING HEIGHT LIMIT No building shall exceed two and one-half (2~) stories or thirty-five (35) feet in height except as provided in Section 13. C. BUILDING SITE ARF~ P~EQUIRED Every lot or parcel of land in the ~-1 A Single Family Dwelling District shall have an area of not less than six thousand (6,000) square feet, a frontage at the building line of sixty (60) feet on interior lots and eighty (80) feet on oorner lots and a depth of at least one hundred (100) feet. In the R-1 Single Family Dwelling District, every lot or parcel of land shall have an area of not less than five thousand (5,000) square feet, a frontage at the building line of fifty (50) feet on interior lots and sixty (60) feet on corner lots and a depth of at least one hundred feet. Where a lot or parcel of land has an area or width less than the above and was a lot of record at the time of the effective date of this ordinance, said lot may be used for a single (one) family dwelling provided the minimum side, front and rear yard requirements as set forth herein are conformed with. D. YARD REGU~TIONS 1. FRONT YARD. There shall be a front yard having a depth of not less than twenty-five (~5) feet measured from the street right-of-way line to the wall of the principal building. Where lots comprising forty (40) per cent or more of the frontage on one side of the street between two intersecting streets is developed with buildings that have front yards greater than twenty-five (25) feet, no building shall project beyond the average front line so established. -15- 2~ SIDE YARD. There shall be a side yard on each side of the principal build- ing having a width of not less than seven and one-half (7½) feet. On a corner lot there shall be a side yard of not less than twenty-five (25) feet measured from the property line of the intersecting street. On corner lots of record with less than eighty (80) feet frontage on either intersecting street, the set back shall be twenty-five (25) feet from the narrow street frontage and fifteen (15) feet from the long street frontage; the other two sides seven and one-half (?~) feet. 3- REAR YARD. There shall be a rear yard of at least seven and one-half (7½) feet in depth. ~. Where set back lines have been established on streets or highways for the purpose of future street widening, the front and side yards shall be measured from s aid set back lines. E. MINIMUM FLOOR AREA REQU~R~ The minimum required first floor area for a one, one and one-half and two story building exclusive of terraces and unroofed areas, but including fifty (50) per cent of the area of attached garages, carports and screened porches shall be 900, 725 and 625 square feet respectively in the P~-l A Single Family Dwelling District and 750, 700 and 625 square feet respectively in tae R-1 Single Family Dwelling District. Screened ~top~patios are considered unroofed areas. F. PARKING REQUIReMeNTS See Section 12. G. ACCESSORY BUILDING REQUIR~NTS 1. Accessory buildings shall not be located less than seven and one-$alf (7~) feet from any side or rear property line. 2. ~here the accessory building is attached to the principal building or connected thereby with a breezeway, the side yard shall be measured from the outer wall thereof. 3. No garage or other accessory building shall be erected before the principal building is under construction to the point of being fully enclosed. -16- SECTION 7. R-2 ONE AND TWO FAMILY DWELLING DISTRICT A. USES PEP~tITTED Within any E-2 One and Two Family Dwelling District no building, strdcture or land shall be used and no building shall be erected, altered or enlarged, unless otherwise permitted by these regulations, except for the following uses: 1. Any use permitted in the R-1 Single Family Dwelling District. 2. Two family (duplex) dwellings. B. BUILDING HEIGHT LIMIT No building shall exceed two and one-half (2½) stories or thirty-five (35) feet in height except as provided in Section 13. Every lot or parcel of land shall have an area of not less than seven tho~aamd (7,000) square feet for a two family dwelling (duplex) and six thousand (6,000) square feet for a single family dwelling~ a frontage of at least sixty (60) feet at the building line and a depth of at least one hundred (100) feet. Where a lot or parcel of land has an area or width less than the above and was a lot of record at the time of the effective date of this ordinance, said lot may be used for a one family dwelling provided the minimum side, front and rear yard requirements as set forth herein are conformed with. D. YARD REGULATIONS 1. FRONT YARD. There shall be a front yard having a depth of not less than twenty-five (25) feet measured from the street right-of-way line to the wall of the principal building. Where lots comprising forty (~0) per cent or more of the frontage on one side of the street between two intersecting streets is developed with buildings that have front yards greater than twenty-five (25) feet, no building shall project beyond the average front line so established. 2. SIDE~!~ND REAR YARDS. Ssme as for the R-1 Single Family Dwelling District. 3. ~here set back lines have been established on streets or highways for the purpose of future street widening the front and side yards ~hall be measured from said set back lines. -l?- E. MINI~UM FLOOR AREA REQUIRED Same as for the f~-i A Single Fmmily Dwelling District for single family dwellings; for two family dwelling structures (duplexes) the nuinimum required first floor areas shall b e 1,300 square feet for a one story structure and 650 square feet for a two story structure, exclusive of terraces and unroofed areas but including fifty (50) per cent of the area of attached garages, carports and screened porches. Screened top patios are considered unroofed areas. F. P~REING REQUIRfMENTS See Section 12. G. ACCESSORY BUILDING REQUIR~YENTS Same as for the R-1 Single Family Dwelling Districb. SECTION 8. R-~ MULTIPLE FAMILY DWFLLING DISTRICT Ao USES PF~ITTED Within any R-3 Multiple Family Dwelling District, no building, structure or land shall be used, unless otherwise permitted by these regulations, except for one or more of the following uses: 1. Any use permitted in the R-2 One and Two Fa~ly Dwelling District. 2. Multiple family dwellings, three or more families. 3. Guest houses. Hotels and apartment hotels° 5. Cottage courts consisting of four (4) or more dwellings fronting on an open space within the plot used for purposes of access and arranged so that each single family dwelling unit is a separate unit and that the lot on which each unit of a court is to be built shall have an area of not less than three thousand five hundred (3,500) square feet. 6. Permissive uses as noted in Section B. BUILDING HEIGHT LIMIT No building shall exceed two and one-half stories or thirty-five (35) feet in height except as provided in Section 13. C. BUILDING SITE AREA REQUIRED Every building hereafter erected or structurally altered shall provide a lot area per family of not less than the following for: One family dwelling structure 6,000 square feet Two family dwelling structure 3,500 square feet Three family dwelling str~cture 2,500 square feet Four family dwelling structure 2,000 square feet Five to eight family dwelling structure 1,600 square feet Nine to twelve family dwelling structure 1,500 square feet For each unit in excess of twelve 1, O00 square feet The maximum lot width for a one or two family dwelling shall b e not less than sixty (60) feet measured at the building line. Where a lot or parcel of land has an area or width less than the above and was a lot of record at the tLme of the effective date of this ordinance, said lot may be used for a one and two family dwelling provided the minimum side, front and rear yard requirements as set forth herein are conformed with. D. YARD REGULATIONS 1. FRONT YARD. For residential dwellings there shall be a front yard having a depth of not less than twenty-five (25) feet measured from the street right- of-way or property line to the wall of the principal building. Where lots com- prising forty (~O) per cent or more of the ~rontage on one side of the street between two intersecting streets is developed with buildings that have front Yards greater than twenty-five (25) feet, no b~ilding shall project beyond the average front yard so established. 2. SIDE YARD. There shall be a side yard on each side of a structure having more than two dwelling units of not less than ten (10) feet. On corner lots a side yard of not less than twenty-five ~25) feet from the property line of the intersecting street shall be provided. 3- REAR YARD . There shall be a rear yard of at least ten (10) feet. ~. Where set back lines have been established on streets or highways for the purpose of future street widening the front and side yards shall be measured from said set back lines. -19- E. MINI/iUM FLOOR AREA REQUIRED The minimum required first floor area for one and two family dwellings shall be the same as for the R-2 One and Two Family Dwelling District. F. PARKING REQUIRt~ENTS See Section 12. G. ACCESSORY BUILDING REQUI~iENTS 1. For one and two family dwelling structures erected in any R-3 Multiple Family Dwelling District, the minimum accessory building requirements are the same as for the R-1 Single Family D~elling District. 2o For structures of more than two (2) dwelling units the following requirements shall be observed: (a) Accessory buildings shall not be located less than ten (10) feet from any side or r ear property line. (b) Where the accessory building is attached to the principal building or connected therewith by a breezeway, the side yard shall be measured from the outer wall thereof. (c) No garage or other accessory building shall be erected before the principal building is under construction to the point of being fully enclosed. SECTION 9- C-1 LIMITED CO~.~fF~QCIAL DISTRICT A. USES PERMITTED Within any C-1 L~mited Commercial District no building, structure or land shall be used and no building shall be erected, structurally altered or en- larged, unless otherwise permitted by these regulations, except for one or more of the .following uses: 1. Any use permitted in the ~-3 Multiple Family Dwelling District. 2. Any retail business or commercial use in which there is no pro~essing or treatment of materials, goods or products except as provided for, including: -20- (a) Appliance stores including radio and televison service. (b) Art, antique or gift shop. (c) Bakery, not more than five employees. (d) Bank, drive-in bank. (e) Book, news, stationery, photographic supply store. (f) BicYcle sales and repair. (g) Barber shop, beauty shop, chiropodist, masseur. (h) Cafe, restauranb, tea room. (i) Wearing apparel, furnishings for men, women and children, including shoes, furriers, modiste, millinery. (j) Drug, confectionary, ice cream, sundries and variety stores. (k) Florist shop. (1) Furniture, home furnishings, interior decorator including office furniture, supplies and ~quipment. (m) Fruit store, delicatassen and caterer. (n) Hardware, sporting goods and luggage store. (o) Jewelry store. (p~ Laundry and dry cleaning pick up stations. (~ Music store. (r) Office, real estate, brokerage and professional. (s) Photograph studio. (t) Shoe repair shop. 3. Parking lot or storage garage for parking purposes. Private schools. B. CONDITIONS OF OPERATION 1. All businesses and servicing shall be conducted wholly within a completely enclosed building, except for off-street loading, automobile parking. 2. Any building used primarily for any of the above enumerated purposes may have not more than twenty-five (25) per cent of the floor area devoted to storage purposes incidental t~ the primary use. -21- C. BUILDING HEIGHT LIMIT No building or structure shall exceed one hundred (100) feet in height. D. BUILDING SITE AREA REQUIRED No minimum requirements, except for one, two and multiple family dwell- ings, the minimum area requirements of the R-3 Multiple Family Dwelling District shall be observed. E. YARD REGULATIONS 1. FRONT YARD. (Set Back). All commercial buildings shall be set back ten (10) feet from lot line except as provided in Section 13. Dwelling structures in C-1 shall observe set backs set forth in R-3. 2. SIDE YARD. No side yard required; provided, however, that the side walls of all commercial buildings at intersecting streets shall be set back at least ten (10) feet from the side property (lot) line. Dwelling structures erected in this District shall observe the side ya~rd requirements of the R-3 Multiple Family Dwelling District, unless otherwise provided for. ~. REAR YARD. All commercial buildings shall have a rear yard of ten (10) feet unless otherwise provided for in Section 13. A. Apartments, hotels or dwellings built over commercial buildings shall observe the set backs required for commercial buildings. F. MINIMUM FLOOR AREA REQUIRED For dwelling structures erected in the C-1 Limited Commercial District the minimum first floor area provisions for the R-2 One and Two Family Dwelling District shall be observed. G. PARKING ~2~D LOADING REQUIREMENTS See Section 12. SECTION 10. 0-2 GENERAL COMMERCIAL DISTRICT A. USES PERMITTED Within a C-2 General Commercial District, ~o building, structure or land shall be used, unless otherwise p~rmitted by these regulations, except for one or more of the following uses: 1. Any use permitted in the 0-1 Limited Commercial District. -22- 2. All uses of a predominantly retail and service nature. 3. Automobile sales rooms with customary service departments. Automobile repair and servicing garage. 5. Boarding, rooming house. 6. Bowling alleys, pool and billiard halls, skating rinks and similar establishments. 7. Bus terminals. 8. Business and vocational schools. 9. Commercial green houses. 10. Contractors sales rooms and offices. ll. Drive-in restaurants and refreshment, stands. 12. Filling station. 13. Grocery; meat market. 14. Laundry, self-service (laundromat). 15. Mortician, funeral chapel. 16. Motels. 17. Public garage. 18. Printing and publishing establishments, book binding. 19. Photostat and blue p?inting, lithography. 20. Retail feed and seed stores. 21. Retail farm implement and tool store. 22. Second hand car lot. 23. Telephone office. Tailor shop. 25. Theatres and motion picture houses. 26. Upholstering. 27. Valet service. 28. Warehouses as noted in Section 13. 29° Walled storage as noted in Section 30. Car rental agencies. 31. Other businesses of a nature similar to and including the above but which are not the source of objectionable odors, no~ses, fumes, smoke, gases or vibrations. B. BUILDING SITE AP~EA. YARD REGU~TIONS, MINIMUM FLOOR ARE~, REQU, I~ i~ d~-~clling~tractur~1 ~ame as for C-1 Limited Commercial District, except as provided in Section 13. C. PARKING REQUI?~E~NTS See Section 12. SECTION ll. C-~ WHOLESALE DISTRIBUTION AND LIG~T INDUSTRIAL DIST~ICT A. USES PER~ITTED Within any C-3 Nholesale Distribution and Light Industrial District no building, structure or land shall be used and no building shall be erected, altered or enlarged, unless otherwise permitted by these regulations, except for one or more of the following uses: 1. Any use permitted in the C-2 General Commercial District, except no dwelling structures will be permitted. 2. Any business or establishment of a general retail, wholesale or service type. Concrete block manufacture and cement products. Contractors storage and equipment yard or building. 5. FertLlztzer sales. 6. Ice manufacturing plant. 7. Laundry, dyeing and dry cleaning establishments employing more than twenty (20) operators. 8. Lumber, building supplies, millwork sales and storage. 9. Storage warehouse. 10. Trade shops including those of tin smith, cabinet maker, sheet metal, roofing repair. ll. Truck terminals and storage facilities. 12. Railroad depot, express office, freight storage. 13. Any light industrial or manufacturing plant the operations of which are not productive of odors, dust, smoke, fumes, noise or ~ibration, except the following are prohibited: (a~ Cement, lime or plaster of paris manufacture. (b) Acid manufacture. (c) Distillation of b ones. (d) Fat, tallow or land rendering. (e) Fertilizer manufacture. (f) Glue, size or gelatine manufacture. (g) Hair factory. (h) Petroleum refining. Si) Potash manufacture. o (j) Reduction of garbage, offal, dead animals or refuse. (k) Tannery. (1) Slaughter house or stock yard. (m) Wholesale storage of gasoline, gas or other explosive liquids, gases or powders. B. BUILDING SITE ARE~, .YARD REGULATIONS All structures erected in the C-3 Wholesale Distribution and Light Indus- trial District shall observe a minimum front set back of ten (10) feet, and a rear set back of ten (10) feet. C. PARKING REQUIRemenTS See S ction 12. SECTION 12. PARKING AND LOADING REQUIRI~v~NTS 1. For the purposes of thig ord. inanbe, the term "off street parking space" eball consist of a minimum net area of two hundred (200) square feet of appropriate dimensions for the parking of an automobile, exclusive of access drives or aisles thereto. (a) In the R-3, C-i, 0-2 and 0-3 Districts all parking spaces access drives and loading zones shall be hard surfaced and dust proof. 2. There shall be provided at the time of the erection of any main building or structure or a t the time any main building or structure is altered, enlarged or increased in capacity by adding dwelling units, gnaest rooms, floor area or seats, minimum off street auto~obiie parking spaces with -25- adequate provisions for ingress and egress by. an automobile of standard size, in accordance with the following requirements: (a) Dwelling structures - one (1) space for each dwelling unit, except in the R-1 AAA Single Family Dwelling District, which will require two (2) parking spaces for each dwelling structure. (b) Churches, temples or places of worship - one (1) space for each eight (8) seats in the main auditorium. (c) Country, golf, gun clubs - one (1) space for each five (5) members. (d) General business, commercial or personal service establishments - one (1) space for each one hundred (100) square feet of non-storage first floor area plus one (1) space for each two hundred (200) square ~ ~ feet of-non-storage area above the first floor. (e) Hotels - three (3) spaces for each four (~) bedrooms. (f) Hotels, apartment - one (1) space for each dwelling unit. (g) Hospitals, sanitariums - one (1) space for aach six (6) patient beds, exclusive of spaces required for doctors, attendants, nurses and ambulances. (h) Kennels a nd animal hospitals - a parking area equal to thirty (30) per cent of the total enclosed or covered area. (i) Libraries, museums - a parking area equal t o fifty (50) per cent of the floor area open to the public. (j) Medical or dental offices or clinics - three (3) spaces for each doctor or dentist and one (1) space for each nurse or attendant. (k) Motels - one (1) space for each sleeping room. (1) Nursing or cmnvalescent homes - one (1) space for each ~ight kS) beds. (m) Office buildings - or~ (1) space for each five hundred (500) feet of gross floor area within the building. (n) Private club or lodge - one (1) space for every ten (lO) members. (o) Restaurants or other eating places - one (1) space for each four (1) seats. (p) Rooming, boarding houses - one (1) space for each sleeping room. -26- (q) Schools and public buildings - one (1) s~oace for every ten (lO) seats in the main auditorium or place of assembly. (r) Theatres, auditoriums - one (1) space for each five (5) seats. (s) Commercial, manufacturing and industrial concerns not catering to the retail trade - one (1) space for each four hundred (dO0) square feet of gross floor space. Location. (a) Parking spaces for all dwellings shall be located on the same lot with the main building to b e erected, (b) Parking spaces for other uses shall be provided on the same lot or not more than three hundred (300) feet distant, as measured along the nearest pedestrian walkway. (c) Parking requirements for two or more uses, of the same or different types, may be satisfied by the allocation of the required number of spaces of each use in a common parking facility, provided that the total number of spaces is not less than the sum of the individual requirements and that the requirements of location are complied with. Off Street Loading Regulations. The following loading spaces shall be provided for the uses indicated: (a) Every hospital, institution, hotel, commercial or industrial building or similar use having a floor area in excess of 20,000 square feet requiring the receipt or distribution by vehicle o~~ materials and merchandise shall have at least one permanently maintained off street loading space for each 20,000 square feet of gross floor area or fraction thereof. (b) Wholesale operations and industrial operations ~th a gross floor area of less than 20,000 square feet shall provide sufficient space (not necessarily a full berth) so as not to hinder the free movement of vehicles and pedestrians over a sidewalk, street or alley. (c) Each space shall have direct access to an alley or street and shall have the following minimum dimensions: length, Swenty-five (25) feet; width, twelve (12)feet; height, fourteen (14) feet. SECTION .13. GENERAL PROVISIONS AND EXCEPTIONS The foregoing regulations shall be subject to the following provisions and exceptions: 1. Chimneys, water, fire, radio, television towers, church spires, domes, cupolas, stage towers and scenery lofts, cooling tow'ers, elevator bulkheads, smoke stacks, flag poles, parapet walls, and similar structures and their necessary mechanical appurtenances may be erected above the height limits herein established after a use permit therefore has been approved by the Planning Board. 2. On double frontage lots, the required front yard shall be provided on each street. 3. Each residential building shall be located on a lot or parcel of land which provides frontage on a public street. 4. Temporary buildings used in conjunction with construction work only may be permitted in any district. 5. Where a district boundary line divides a lot, parcel or tract of land, the use classification of the larger portion may be extended to the remainder by the Planning Board without recourse to a~,en~ment procedure. 6. In any residence district no fence, structure or planting shall be maintained within twenty (20) feet of any corner street intersection. 7. In the R-3 Riultiple Family Dwelling District no hotels, apartments or other structures shall occupy more titan sixty (60) per cent of the lot area. 8. Along Ocean Boulevard (State Road A-i A) a setback of twenty-five (25) feet shall be observed from the so-called "Brockway line". 9. Setback lines shall be established on both sides of West Atlantic Avenue seventy-five (75) feet from the center line thereof, fro~.~ ~'est Eighth Avenue to the City Limits, and no structures shall be erected, altered or reconstructed within tb.e area between such setback lines. 10. Along the Federal Highway (U.S. 1) the following setback provisions shall be conformed to: (a) No commercial building or othe~ structure where the customers and patrons are served exclusively inside the building, as distinguished from "curb" or "drive-in" service where they are served or have the privilege of ,being served in their automobiles or other motor vehicles, shall be constructed or erected within sixty-three (63) feet of the center line of said road. (b) No filling station, fuel pumps or other automobile service facilities, where automobiles or other motor vehicles leave the public highway to be served or repaired, shall be constructed or erected within sixty- three (63) feet of the center line of said road. (c) No residence, tourist courts, motels or hotels shall be constructed or erected within seventy-eight (78) feet of the center line of said road. (d) No commercial building, roadside stand, or other structure, from which customers or patrons are served or sold food or beverages in their cars, such building being con~aonly known as drive-ins, shall be constructed or erected within mighty-three (83) feet of the center line of said road. 11. In the R-1 AAA, R-1 AA, R-1 A and R-1 Single Family Dwelling Districts the maximum allowable ground coverage shall be thirty-five (35) per cent, thirty (30) per cent, thirty (30) per cent and twenty-five (25) per cent, respectively. 12. In hotels and apartment hotels erected in the R-3 Multiple Family Dwelling District, any businesses located or operated therein shall only have entrances from the interior lobby or vestibule. Such businesses shall have no entrances directly into the street nor shall they have any lights, signs or displays on the exterior walls. 13. Hotels, apartments or other structures may be erected to a height not exceeding one hundred (100) feet on ocean front lots in the R-3 Multiple F~mily Dwelling District, provided, however, that the main outside wails of said building in excess of seventy-five (75) feet shall be set back on all sides, except the front, toward the center of the building in a ratio of one foot to each foot of height in excess of fifty (50) feet. l&. In the 0-2 General Commercial District, within one hundred (100) feet of the Florida East Coast Railway right-of-way between North Fourth Street -29- and South Fourth Street the following uses will be permitted: 1. Warehous es 2. Trade shops but no more than five (5) craftsmen or mechanics on the premises. 3. Walled storage of 2,500 square feet, manLmum area, with eight (8) feet solid walls surrounding it. Access openings shall be fitted with solid gates 15. The following uses may be permitted on reco~endation of the Planning Board after a public hearing has been held on an application referred to it by the City Commission: (a) In the R-1 AAA Single Family Dwelling District (1) Public schools, nursery schools and kindergartens. (2) Libraries, cormnunity center buildings, art galleries, public museums. (3) Churches and church educational structures. (4) Municipally owned and operated parks and playgrounds. (5) Fire houses. (b) In the R-1 A Single Family Dwelling District, the above uses, and (1) membership clubs catering exclusively to members and their guests, lodges and fraternal assembly quarters. (2) Telephone exchange where no public office or repairs and storage facilities are maintained. (c) In the R-3 Multiple Family Dwelling District, in addition to the above uses, (1) Clubs for fraternal, recreation, athletic or social purposes, main- tained by membership organizations in which lodging and meals may be served to members and their guests. (2) Nursing or convalescent homes, hospitals and clinics. SECTION lA. NON-CONFORMING USES The lawful use of a "building" existing at the time of the passage of this ordinance shall not be affected by this ordinance, altho such use does not con- form to the provision of this ordinance; and such use may be extended thruout the building, provided no structural alterations, except those required by law -30- or ordinance, or ordered by an authorized officer to secure the safety of the building, are made therein but no such use shall b e extended to occupy any land outside such building. If such non-conforming building is removed or the non-conforming use of such building is discontinued for a continuous period of not less than one hundred and eighty (180) days, every future use of such premises shall be in conforminty with the provisions of this ordinance. The lawful use of "land" existing at the time of the passage of this ordinance, aitho such use does not conform to the pro~sions of this ordinance, shall not be affected by this ordinance; provided, however that no such non- conforming use shall be enlarged or increased nor shall any non-conforming use be extended to occupy a greater area of land than that occupied by such use at the time of the passage of this ordinance. If such non-conforming use is dis- continued for a continuous period of not less than one hundred (100) days, any future use of said land shall be in conformity with the provisions of the ordinance. Provided, however, that where "land" which is now used for a use ex- cluded from the district in which such "land" is located and such use is not an accessory to the use of a main building located on the same lot or grounds such non-conforming use of "land" shall be discontinued and all material com- pletely removed by its owner not later than one (1) year from the date of the passage of this ordinance. If no structural alterations are made, a non-conforming use may be changed to a use of the smme or higher classification according to the provisions of this ordinance. ~hen a district shall hereafter be changed, any then existing non-conforming use in such changed district may be continued or changed to a use of a similar or higher classification; provided all other regulations governing the new use are complied with. ~henever a non-conforming use of a building has been discontinued or changed to a higher classification or to a conforming use, such use shall not thereafter be changed to a non-conforming use of a lower classification. Nothing in this ordinance shall be taken to prevent the restoration of a building destroyed to the extent of not more than one hundred (100) per -31- cent of its assessed value by fire, explosion or other casualty, or act of God, or the public enemy, nor the continued occupancy or use of such building or part thereof which existed at t~e~f such partial destruction. SECTION 15o INTERPRETATIOi~, P~POSE ~D CONFLICT In interpreting and applying the provisions of this ordinance, they shall be held to be the minimum requirements for the promotion of the public health, safety, morals and general welfare of the con~munity. It is not intende~ by this ordinance to interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided, however, that where this ordi- nance imposes a greater restriction upon the use of buildings or premises, or upon the height of buildings, or requires larger open spaces than are imposed or required by other ordinances, rules, regulations or by easements, covenants, or agreements, the provisions of this ordinance shall control. If because of error or omission in the Zoning Map, any property in the City of Delray Beach, Florida, is not shown as being in a Zoning District, the classification of such property shall be R-1 AA Single Family, unless changed by amendment to the Zoning Ordinance. SECTION 16. CHANGES AND The City Commission may from time to time~ on its own motion or on petition, amend, supplement, change, modify or repeal by ordinance the boundaries or districts or regulations or restrictions herein established after public hearing. ,SECTION 17. ENFORC~ME~T~ VIOLATIONS AND PENALTIES The Building Inspector is hereby designated and authorized to enforce this ordinanc e. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the pro- visions of this ordinance shall be fined twenty-five (25) dollars. Each day a violation exists shall constitute a separate offense. SECTION 18. VALIDITY Should any section, clause or provision of this ordinance be declared by the court to be invalid, the same shall not affect the validity of the ordinance as a whole or any part thereof, other than the part so declared to be invalid. All ordinances or parts of ordinances in conflict herewith or inconsis- tent with the provisions of this ordinance are hereby repealed, and Section 29-1 thru Section 29-7, inclusive, Chapter 29, of the Code of Ordina~D es are s pecifical ly repealed. // ~.~~~... ~~., PASSED AND ADOPTED this the ~; day of A o D. 1956. ATTEST: ~,~:i i Lst Readin& 2nd Reading, ~'' PASSED &. ADOPTED THE DELRAY BEACH JOURNAL lhlblished weekly on Thursday Delray Be~xeh, Palm Beach County, Florida STATE OF FLOI~IDA COUNTY OF PALM BEACH ~the undersigned authority personally appeared who on oath says tlmt he/,she is Edt~or or~ Publisher of The Delr~y Be~ch Journal, a weekly newspaper published at Delray Beach h~ Palm Beach County, Florida; that t~e attached copy o! advertisement, ing a Legal No(ice in the matter of URES, LAND AND. RADE, ]lq DUSTR¥ ? T ION, (:ON S TRUCTIoN OR UID/G$- TO REGD~ F~'I' RIC T 'THE O ~ STO~E8 A~ 8I~ OF ALL in the ........................ Co~t, w~ publish~ ~ ~id newspaper A ~ T HE SIZE O F ALL ~ND RE~CT T~ D~STY TO D ISTRIC~ O F SUCH HE~ S~TED TO C~RY T~SE REGULA~ON~ TO SC~BE PENaTeS FOR L A~ONS OF ITS P~O~ON~; TO PRO.DE FOR CHANG~ : AMENDMENt; AND TO F OR IT S ENFORCEMENT. ~fi~nt further ~ys that ihe ~id Delr~y ~B~ch Jour~l is a new~ o~ C~Uon omy, ~ req~d p~per pu~ish~ ~t ~l~y ~ch, in said P~ ~h Count, Florida, E~ace~ on ar~t ~g b~ ~ad ~at the ~id newspaper has here~fore ~n con~flnuo~ly publi~ ~ ~.~on .t ~ m~mv in said Palm ~h Count, ~o~ ~ch w~k and ~ ~n entered CtW C~aolon ~1]-'~ 'h ~'~'~'~ us second el~s m~l mawr a~ the ~t o~i~ ~ Del~y ~ch, ~lm ~*~ion Ch~r* *t ~e Ci~ ~h ~ty, Florida, for a ~ri~ of one y~r ne~ pr~eding the p.~,H~atM~hw~ch26~'~me. ~6'me' ~mce't 7:30 fi~t publica~l~ of the a~h~ copy of ~e~ment; and ~fi~t F~ b~ ~ .~ ~, ~nd ~ pem~ ht~er ~s that he has neith~id nor promi~d ~ny pe~n, firm ~~_~ ~_ or ~tion ~ny di~ount/r~}e, ~ion or re~d for the · ~ose of secur~g this ~ve~ment for publi~ i~ the said~~ Swo~ ~d subscribed before me t~ ... ~... d~y of ~da at large My Comnfisslon e~p]~oa/. P. ob~c~ .~t~e. ~i. ~J~ ~ ?~... ~ommiss~or~ expires ;~ay l,