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356-40ORDINANCE N0.~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY B~CH AI~NDING THE ZONING ORDINANCE OF THE CITY OF DELRAY BF~CH. BE IT ORDAINED By the City Council of the City of Delray Beach, Florida, as follows: Seotio_n l~. That the following sections of the zoning ordinance of the City of Delray Beach entitled: "An ordinance of the City Council of the City of Delray Beach, relqting to and regulating, controlling and governing the erection, construction, location, size and use of buildings and structures of every nature and kind, to be hereafter built or erected in the City of Delray Beach, Fla., limiting and restricting to specific districts, and regulating therein, buildings and structures, according to their construction and the nature and extent of their use, arrangement of buildings and structures on the lots, regulating and limiting the height and bulk of buildings hereafter erected, and regulating the repair and alteration of buildings and structures, regulating and determining the area of yards, courts, and other open spaces for, or surrounding buildings hereafter erected. Regulating and restricting the location of trades and industries, and the location of buildi.ngs designed for specific uses, regulatin$ the density of population, establishing the boundaries of districts for said regulations and limitations, providing for the admini- stration and enforcement of these provisions· Establishing a Board of Adjustment and providing for the appointment of a Board of Inquiry, and providing penalties for the violations of these provisions· All for the purpose of promoting the public health, safety, order, convenience, prosperity and general welfare; to lessen the danger from fire, congestion and confusion~ and to improve and beautify the City of Delray Beach, Fla. And repealing all conflicting ordinances," be and the same are hereby amended as follows, to-wit: Section 6 (A) is hereby amended to read as follows: "Section 6. USE DISTRICT CLASSIFICATION. (A) For the purposes of this Ordinance the City of Delray Beach is hereby divided into eight classes of Use Districts or Zones, designated a s: l' Residence "A" District 2. Residence "B" District 3. Residence "C" District 4. Apartment House District 5. General Business District 6. Local Business District 7. Manufacturing and Industrial District 8. Special Business District· " Section 6 (B) is herebF amended by adding the follo;~ing sub-paragraph immediately after sub-paragraph 7 : "8. Special Business District is colored black·" Section ? (B) (2) is hereby amended so as to read as follows: "One two-family dwelling may be constructed on one lot provided the two units of such dwelling are separated by an unpierced masonry fire wall." Section 7 (B) (3) is hereby amended to read as follows: "Two single detached dwellings used as a residence by not more than one family in each such dwelling." Section 7 is hereby amended by adding paragraphs (HI and (II immediately following paragraph (G) of this section. "(H) Special Business District Uses. Within any Special Business District no building or premises shall be used in whole or in part for any industrial or manufacturing purpose except as permitted in this paragraph, or for any other than the following specified purposes: (1) Any use permitted in Residence A, Residence B, Residence C, Apartment House and Local Business Districts, as regulated by paragraph A, paragraph B, paragraph C, paragraph D and paragraph E of this section, except that no business building shall be constructed with a fully enclosed first floor area of less than 750 square feet. All business buildings con- structed in this District shall have a minimum width of 25 feet, a minimum depth of 30 feet, and a minimum height from floor to ceiling of 12 feet. Noobusiness building shall be constructed in this zone until the plans and specifications therefor shall be approved by the building inspector and the City Council of the City of Delray Beach, Florida. (2) The minimum floor area for any dwelling constructed in Special Business District shall be 896 square feet, as defined in Section 7, paragraph B, of this ordinance. 0nly one two-family dwelling shall be constructed on one lot except when accommodations for three or nore families are provided, as regulated by Section 7, paragraph D, of this ordinance. No dwelling in Special Business District shall be used for pro- fessional, industrial, manufacturing, trade, or commercial purposes, nor shall any business building be used in part as a dwelling except by special permission of the Board of Adjustment. ~3) No reSidence~shall be c~nStr~cted~wtthin 100 feet of the property line on either side of East Sixth Avenue within the City of Delray Beach, Florida, unless the same shall comply with the regulations and requirements' provided for Residence B District, as regulated by paragraph B of this section." "(I) Special Residence A and B Districts. (1) In that portion of the City of Delray Beach, Florida, lying East of the right-of-waY of the Florida Coast Line Canal, and situate in Residence A and Residence B Districts, no building or buildings shall be constructed other than single family resi- dences and private garages, or other accessory buildings cus- tomarily incident to any use permitted in Residence A and B Districts. Any garage, or other accessory building, shall be occupied for residence purposes only by servants or domestic employees of the owner or tenant of the premises." Section 2. All ordinanceS, or parts of ordinances, insofar as the same are in conflict herewith, are hereby repealed. PASSED in regular session on second and final reading on this the ~.. day of ~ A. D. 1~40. -Presiden~,~f~tY COUncil '" ATTEST: APPROVED: ~ City Clerk- Mayor ~bein~ on' file~t tl~e ~i,t~ ~lerks office for of the ~ Co~cil at~ i~ r~ular m~"~tt~g 'May 1~ i9~, said' ~rd~ance .tO ~ake ~t,J~ ~, 1~.