Ord 216-38 Z 'O"~'!'N G - O R D I NA N C E
An ordinance by the City Oouncil of the City of Delray Beach, relating
to and regulating, controlling and governing the erection, construction,
location, size and use of bu/ldings and structures of every nature and
kind, to be herea/~er built or erected in the City of Delray Beach, Fla.,
limiting and restricting to specific districts, ~d regulating therein,
buildings and structures, accord/rig to their construction and the nature
and extent of their use, arrangement of buildings and s~ructures ~n the
lo~s, regulating and limiting the height and bulk of buildings hereafter
erected, and regulating the repair and alteration of b~ildings and strustures,
regulating and determining the area of yards, courts, and other open spaces
for, or surrounding ~Aildings herea/~er erected. Regular/rig and restricting
bhe locatic~ of trades and industries, and the location of buildings
designed for specific uses, regulating the density of population, establish-
ing the boundaries of districts for said regulations and limitations,
prey/ding for the adm/nis~ration and enforcement of these provisions.
· Establishing a Board of Adjustment and providing for the appointment of
Bo&rd of Inquiry, and providing penalties for the violations of these
provisions. Ail for the purpose of promoting the public health, safety,
order, convenience, prosperity and general welfare; to lesson the danger
From fire, congestion and confusion, and to improve and beautify the
0fty of Delray Beach, Fla. And repealing all conflic~in~ ordinances.
Be it ordained by the City Council o£ the City of Delray Beach,
Palm Beach County, S~cate of Florida, as follows:
: Certain terms, words and phrases as used in this ordinance are herewith
~eff~d as follows:
~ (A) Words used in the present tense include the future~ a single
~umber may include the plural, and a plural the singular; the word "lot"
any include the word "plot"; the word "butldin,~" includes any
~irectory; the word "ocgupie{ includes the words "designed or intended to
be occupied"; the word "used includes.the words "arranged, designed or
intended to be used"; the wo~d "person" includes the words "corporation,"
"association" or "partnership," or any"combination of individuals or corp-
oration name.
(B) A "lot" is a I~rCel of land abutting ~ae or mere streets
occupied, or designed to be occupied by one main building and the accessory
buildings or uses customarily incident to it, including such open spaces as
are required by t~his ordinance and such open spaces as are arranged and
designed to be used in connection with such building. A lot may or may not
be the land shown as a lot on a ~ly recorded plat.
(C) A"street" shall he oonstruedto include any thorofarewhioh
has been dedicated or deeded to the public for public use.
(D) A "s~ree~ lime" is the dividing lir~ between the street and
the lot. "Lot lines" are the lines bounding a lo~ as a lot is herein del/ned.
"Par~y lot limes" are the lines dividing ~wo adjacent bu~ separately owned lots.
(E) A "front yard" is an open apace within and ex~ending the full
width of a lot between the street line and the fro~t line of the neares~ s~ruo~ure
on the same lot.
(F) A "rear yard" is an open space within and extending the
width of a lot between the rear lime of the lot and the rear line of the main
building on the same lot.
(G) A "side yard" is an open apace within the lot between a side
line of the lot and the side line of the main building on the sa~e lot, ex~'e'nd
lng through from the street lime to the rear line of the lot, or, from the front
~ 9o ~om~oqqs od~ ~o~ ~lbb~o~q b~s ~em~am~bA ~o b~oE l~
,~e'!na ~l~ed oilduq od~ ~n~omo~q ~o eao~tq ed~ ~o~ IfA.
o~ beb~e~nk lo be~eb" ab'xo;~' od~ aebuIo~
~eiquooo 5~ow e.d3
Io ~akaeb ,be3~" ab~ow e~..~ebuloni beag b~ow e~ ~ beiq~ooo
",~oi~o~o~zoo" ab~ow e~ eeSuion[ "~o~eq" b~ow e~ ~"5eeu sd o~+
V, aoe~eoos ed: ba ~ibliml nia e~o ~ beiq~o ed o~ bon~i~ob ~o
:'on E,a~ ~o ~t~ ~Of i .~it;lknd do~ d~w aol~o~oo a~ ~.oau ed o~ bea~eeb
.~lq beb~or:e~ ~lub s ~ ~ol ~ ~a m~da b~l od5 ed
rlo~dw o~oxo4d ,C~ ebuionk o~ bem~enoo ed li~d, "~oexte" ~ (3)
,~an ~tlchJq ~o~ c~I~uq o~ o~ 5ebeeb ~o .be~noib~ ~oed
bu~ ;tee~ ed~ ~eewd'ed e~kl ~}~kb~vlb od~ ~k "o~kI ~e~8" A
· a30t 5em'~ ,~led~qes dud d~eo~[b~ ow~ ~/~,.b?'t5 aenii e~ e~ "~[ ~o~
,dof ~a e~' ~o
.~ol em~. odd' no
ebia ~ aoow~eJ ~ol e~ a~delw oo~q~ aoqo mt ei "b-~E ebia" i (0)
(E) A "couP" ts an open unoooupied spaoe obher than & ~d,
~he ~o~d ~o the s~, or fr~ ~ i~e~di~e floor ~o the sky, ~d bonded
on at leas2 ~o sides by the walls of a ~ilding on the s~e lo2.
(I) The "e~abli~ed ~ade" is ~he election of ~ree~ ~ade
adJ~ to fro~ of 1~ as fixed by the Ci~y Council.
(J) ~ "alley" ~11 be co,trued to include ~y thorofare
has been ~oated or deeded to ~ public for use as se~e e~r~oe to
abut2~g lots.
(K) A "bulling" is ~ ~c2~e b~l~ for ~ s~l~er, ~ppo~
or encloses of persons. ~ls, f~ls, o~ela or mo~ble prope~y of
k~d; ~d, ~en eep~a~ed by division walls wt~ho~ op~s f~m the ~o~d
up, ea~ ~i~ of such ~c~re shall be dee~d a se~ra2e ~ildi~.
(L) The "height of a build~" is the recital di~ee meas~ed
~om the e~abli~ed grade l~e~ or if there is no,grade li~ e~ablished, or
the ~ru~ure is s~ back 2~ feet or ~re fr~ ~e ~reet l~e, ~hen, ~
~he gr~d leal a~ ~e center f~nt of the ~/ldi~ ~o ~he hi~es~ pot~ of
the roof ~ruo~e.
(M) ~ "aocesso~ ~il~ng" is a su~rd~te ~ildi~ ~ a po~i~
of ~he ~n bufldi~, such as a ~ra~, pla~ouse, ~, g~e~ouse or o2her
~ru~e. the use of ~ich is a~essory to the use ~ the ~in ~ilding
the s~e lot.
(N) A "private g~a~" is ~ aooesso~ build~g for the hous~g of
m~or vehicles, in which no business, co~ercial se~ioe or ~du~ eo~e~ed
with ~or ~hicles is carried on.
(0) A "public g~a~" is ~ bulldog or pr~ses, other th~ a
prints g~age, u~d for the hous~ug or c~e of ~or ~hicles or where
su~ ~hiclea ~e ~ip~d for opera2ion, ~paired or ~pt for
~re or
(P) A "~ll~g or se~oe sta2ion" is ~y establis~t ~ere ~or
fael, oils ~ greases a~ s~plied ~ sold to ~or vehicle users, also where
ele~ric ~ora~ batteries are re~rged ~d c~ed for, for pay.
(Q) A "fa=tly" is ~ n~ber of ~duals oecup~g a single
h~sekeep~g u~it n~ he~ de~ned ~ a ~~g house, ro~g house or hotel.
(R) A "~ll~g" is a d~aehed b~ldfng, afraid, ~2ended or desi~ed
to be ~eupied ~ o~ f~ly, or by ~o f~ilies li~ t~d~ly, one from
the ~her.
(S) An "~~ ~ is a ~ildi~g ~~d~-'~ded or des~
(S) ~ "ap~me~ house" ~s ~ bu~d~n~ ~~d~ ~ended o~
each ~p~m~t ~g e~pped for oook~g.
(T) A "hotel" is a build~g or ~her s2~cture ke~, used, ~ai~d,
ad~ised as or held ~ to 2~ public to be a place ~ere sleeping aoe~da2i~s
~e ~i~ed for pay ~o ~r~sie~ or pe~ent ~e~s or ten~a, ~ ~i~ 2en
or ~re ro~s a~ ~~ed for the aooo~a~ion of ~oh ~e~s, ~d ~ving
~e or mo~ ~ ro~s or ~fes whe~ ~s or lunges are scrod to such
tr~sie~ or ~~~ ~e~s, s~h sleepi~ aoco~da~t~s ~ ~ni~ r~s or
cafes bei~ conduced ~ t~ s~ build~g or b~ldi~s in c~ion rhenish.
sh~l ~ ~e~d a h~el.
(U) A "bo~g house" is ~ dwelling ~her th,- a h~el, whe~
~ala, or lodgi~ ~d ~als for ~ee (S) or ~re ~rsons ~e ser~d for
~ensa~ ion.
-E-
o~' eon~e eo~e~ a~ ,e~ ~o~ oZ~d~
· ~o: e~a od3
.no bei':~ao
e~e~w o~la ,8~ean elot~ev so~ o~ bios
,~e~i~o do~e 2o ~l~neb~sqob~2 gn~vil ~ei!~%
~ua o~ b~ea e~ aodo~l ~o ~m o~eziw ~e~o 'to e~o~ ~mIm~, e~om -to eno
~o ,r:~oo~ 3~ta~ b~ a~ok~bo~:o~o~ ~aZqeel~ do~a ,e~eeu~ ~~eq ~o
. io~od
(¥) "Rooming House" is a building, boat or other strusture designed
for or having three or mere rooms for rent to transient or perw~ent guests.
(W) "Tourist Camp" A tourist camp is a ~roup of three or more
tents, front houses or camp cottages of o~e to three rooms designed pa~teu-
larly for lodging of tr~nsients. They may or may not be rum/shed or equipped
for cooking.
(X) "Trailer Cam"
p A trailer camp is a plot of ground equipped to
ao¢oeodate three or more ira/lets or house ears used for living purposes.
(Y) "Cottage Court" is a group of four or mere dwellings front/ng
on ~n open space provided for wi%hin the plot used collectt~ly for street
purposes and arranged so that each deelling unit is a separate unit and that
the lot on which each unit is to be built shall be of an area not less than
3~575 sq. f~.
(Z) A "non-conform/rig use" ia a use that does not comply with the
regulations of this ordinance for the district in which the non-conforming use
is located.
(AA) A "story" of a building is that per, ion of the building between
the floor of the rooms on a co, non level, and the floor of the romn~ or of %he
ceiling next above.
(BB) "Restaurant" is a building, or other structure or location,
and every building or other structure or location in connection, kept, used,
maintained as. advertised as, or held ou~ to the public to be a place where
meals or lunches are prepared, kept, or served for pay; excepting hotel dintug
rooms, where persons served, or to be served have previously registered as
a guest of s~/d hotel.
(CC) "Theatre" is a room or auditorium, a building or portion of
a building designed or used for theatrical, vaudev/lle or operatic purposes,
having a permanent stage upon which mev~bla scenery and theatrical appliances
are employed; including also reeving picture theatres and airdomes, either with
or w~thout a stage or with, or without movable scenery.
(liD) "Floor Area" is the ~rea in square feet of the enclosed portion
of the first facet and does not intend to include screened or open porches,
terraces, or porticos.
(EE) "Por~ecoohere" is a vehicle entrance with a through drive,
fully open to a height of at least 7 feet at both ends and a full opening of
at least 5 feet in height the full length of one side.
(FF) Autmnobile trailer, or house oar, shall be deigned to be a
vehicle used as sleeping or living quarters mounted on wheels and propelled
either by its own power or by other power driven vehicles to which it may be
attaahed.
SECTION 2 ~ENERAL PROVISIONS
Any build/ng hereinafter erected in A, B, C, and apartment house
districts shall he built on a lot of a ~ area of 5,000 sq. feet and of a
minhamn width of 50 feet.
(B) Ex/sting Non-c_gnf. orming 'Uses.
.... the time--of %he enactment of th/S Ordi~,ce~ any build/ng
or pram/see ie being used, or any building ~V~ing constructed, moved, or altered
under ~he authority of a building petit issued by the Building Inspector. in
.be~aool
edt ~o ~o ~oo~ edt ~o ~ooi~ o~ bn~ .I~e.[ ao~oo ~ ~o a~oo~ edt ~o ~oof~
,bo~ .~qo~ t~ok~e~oo ~ ~o/~aool 'zo o~do~d'a ~o~o ~o ~khlkud ~ovo b~
~nh~b Ie~ofi ~mt~qeoxe ;Xaq ~ol b~e~ ~o ,~o~ ,.be~,~qo~q o~.e aedonuI ~o alae~ a~ bo~o~a~3e~ 'Ef~okvo~q ~d b~oe e~ o~ ~o ,bev~ea amosso~ o~eftw
d~iw ~otiS~o ~a~ob~ks b~ ae~e~ o~/q ~om oafs ~mkbufomk ~be-~,:)i~e
,aedo-zoq ~eqo ~ be~oe~a obulo~k o~ b~o~[ ~om aoob b~ =ooI~
~o 3mkm~o [I~ ~ bm~ abme d~od ~ ~eo~ r fia~ei ~ ~o ~d,3kod e o~ meqo
beiIoqo~q b~ ~ioodw' ~o bo~uom a~o~aup ~kviI ~o ~qeeI~ a~ beau
be~o~/s ~o ,.b~o~ ,be~o~uoo ~z~od at ~if:I~d ~ua =o ,beau ~=~od ~ ae~m~q
a. rammer or for a purpose ?l~ch d~ee not ccn~orm w~h the requirements of
th:is Ordinance, but which ~' not\ prohibited by ~ny other ex~stin§ oral,mince
0t' sa~td City, such use, manner, or purpose may Be continued, nor shall any
change of t~tle or of right to possession affect such continuation of an
· existing use.
(c) Uses, ion and Chan es.
No lot hereafter may be put to the use and no building or
par~ thereof hereaffcer may be erected, constructed, reconstructed,
repaired, ex~ended converted, altered, mai~cained or pu~ to use, except
An c~nformity with the prov~sions of the Ordinance.
(D) Continuing Non-Confor~dng Buil~.d~ugs and Ushers.
Any non-conforming use or building existing ~t~ the time of
the enactment of this Ordinanco'~.may be continued upon the lot or in the
building so occupied even though the building may be partially damaged or
destroyed; provided, that in case a building is damaged or destroyed to
the exten~ that it must Be rebuilt, then, such new building shall confor~
in all respects to the regulations prescribed by this Ordinance for the
district in which it is constructed, excepting only regulations with
· respect to use.
(E) Restoring Unsafe Buildings or Structures.
Nothing in this Ord*~*nce shall prevent the
.or restoring to a safe and lawful condition of a~f part of any building
deolared unsafe or unlawful by the building inspector or the cheil of
fire department of the Cit~y of Delray Beach, Florida.
(F) Cornices and Eaves.
Cornices and eaves may project not to exceed ~wo feet o~.r
any required yard or court.
(0) ProJe~ions and~
L~pt; as hereinn_-~er specified, ya~'ds ~nd courts required
under tl~s Ordin~nco shall Be entirely f~ee of buildings or l~rts thereof',
(H) Ornamental Features, _~d Balconies.
Sills, leaders, belt courses and similar ornamental or structural
features ~ay project six inches in~o an~ required yard or court. Except as
specified above no projection of any kind will be~allowed in~o e_ny minimum
reqUired five foot Fard. Where ~ mi~Am ten foot yard is required, an open
fireproo~ fire escape or balcony will be allowed if it does not proJe~ ~ore
than 4' 6" into such required side yard and ~f the lower story run of such
stair is of a counter balanced type and kept normally in a horizontal position
at the second floor level; and bay windows, oriels or balcomtes abov~ the
first floor, providing sa~e do not project more than three feet in~o the
ndnflmm required yard; and providing that no part of said projections
continue to the ground within the m~um required yard.
(I) P~ches, Port,cos, and Terraces.
Ail porches, porticos, and terraces, the floor of which is
more than 8~ above yard grade adjacent to and in fron~ of any building
Se considered as a par~ of the building and will be required to meet any
minimum required yard.
A chimney, amoEe staok, or flue may project in~o any m~nimum
required 10 foot yard or oourt provided the hortzont&l section of the
projection does ncr~ exoeed nine square fect, and does net project more than
18 into said miniwmm required 10 foot yard.
wal s, Yenees, steps.
The requiremen~s of this Ord~oe respecting yards and oour~s
-4-
~r~a ~a ~o~ ,beu~i~noo ~d ~m e~o~uq ~o ,~eo~ ,eau don~ .~iO
ed~ ~0~ eoaa~b~O ~kfl~ ~d .bed~oae~q aao~h~$~e~ ed~ o~ a~ooqee~
.eau o~
.~oe~e~ a~ ~O ~3~bfZu<f ~o oo~ Xfea.[~e e6 f~d~ eo~ib~O akd~ ~eb~
.ae~:ooi.~8 baa ,a~u~e~ fa~me~O (H)
~tm ~ o~mk bewolf~ ed [fZw b~ ~ ~0 ~Z~e~o~q oA e~od~ be~koeq~
neqo ~e ,be=~mpo~ si b~ ~oo~ ~o~ ~kmh~ ~ ~xe~ .b~ ~oo% ~
e~om ~e~o~q ~oa aeob ~k ~1 bov~fI~ ed ff~ ~oof~d ~0 ~oae ~i~
~zo~oq ia~mo~k~od a ak Zff.~'zom ~qet b~ oqz~ beo~fad ~e~oo ~ ~o
od~ evod~ ae~moof~d 3o a~e~o ,a~ob~*~ -~d b~ Iieve: ~ooI~ b~oea
· b~ b~'z~upo~ ~,~mZat~ efl~ ~:fl~tw h~o~ oA~ o~ eu~i~mo.s
.aooa~eT ba~ ,aoo~,~oq ,ao~ (~)
a~ do~dw ~o ~oof~ o~ ,aoo;~,:e~ b~ ,aooi~oq ,aedo~
[liw ]~kbliud ~l~ ~0 ~o~7 ai brae o~ ~oo~b~ eb~ b~ svod~ "3 ~d~ o~om
od~ ~o ~ok~ea I~osk~ofl od~ bebkvouq ~ ~o b~a~ ~o~ Of
e~oo b~ Bb~M ~egao~ oo~Zb~O 3id~ ~o ~zome~iupo~ edt
shall not apply to a~y necessary retaining wall or steps, nor to any fence or
wall which is less than four feet high.
To avoid obstructing free flow of air to any adjoining building,
no wall shall obtain a height of more than six fact for a continuous length
of more th~n 20 feet, and an open space of at least 20 feet shall be pro-
vided before such wall can be continued for another 20 feet. The above
does not apply, however, to any wall used structurally as a part of a building.
(L) Limitations on Accessory Butldinxs.
No accessory~building within any district shall be over two
stories high and shall confo~rm to the same m~n~m~un required party let line
set back as the main house. Any accessory building separate and not connected
structurally with the main house shall be set a distance of at least ten
feet away from the main house, excelfc that in case of a private garage, the
above distance may be reduced to 4 feet, providing that no wall of the garage
parallels the adJoin~ng wall of the main house for a distance more than four feet.
(M) 0orner Lot Modification.
Within the lim~tations hereinbefore recited in this section,
any accessory building on a corner lot within any residence, apartment house
or local business distr~ot shall be a distance fram any side street line
of such lot not less ~han one half the required front yard set back on the
side street, prescribed by this Ordinance. Iff, however, an abutting lo~
faces such side street the accessory building of the corner lot, if oecuring
within 25 feet of such abutting lot, shall be required to set back the same
'distance as a building facing such side street. In any residence, or apart-
ment house district when the rear of any corner lo~ abutts any lo~ facing
on a street which is a side street with reference to se~d corner lo~, any
accessory building on the corner lot shall net be built nearer the rear line
of the corner lot than 10 feet.
Re c .n no_t Areas.
No lc~ shell hereafter be so subdivided or reduced in area as
to cause any open space re0uired by this Ordinance to be less in ~ny d~menelon
than is herein required for the district and lo~ in question.
In order to avoid undue hardship in any iudAvidual case the
Board of Adjustment may modit~y the requirements specified in this 0rdi~e~ce
respecting yard sizes where a lot is exceptionally small or irregular in
shape, and permit a single family dwelling to be erected, provided, the let
was separately owned at the time of enactment of this Ordinance.
In the case of a lot running through from one street to anether
all buildings constructed on such lot, whether main or accessory, shall oenform
? to the fron~ yard requiremonts of beth streets. Iu the case of a water front
lo~ r~aning ~rough to a street any main or accessory building constructed
on such lot shall conform to the front yard set back requirements of such street.
(Q) Pa_rkin~ Facilities on Apartmont House Lots.
Within any apartment house district no building or buildings
shall be used in whole or in part for residence purposes, hav~ng more than
~wo apartments unless there be provided in the yards or premises thereof a
driveway, driveways or storage space of sufficient area to aocomodate the
parking of motor vehicles in the ratio of at least one motor vehicle for
each apartment in said building, and with provision for free ingress and
egress, the purpose of this provision being to avoid undue congestion of the
street. No parking shall be allowed within five feet of any lot line.
-5-
-8-
(R) Certificate of Oocup~oy for llon-Conforsdng Use.
Any person operating or ~ain*~[ning any lawful non-oc~i'orming
use on the date this Ordinance becomes effe.~cive, shall upon receipt of
notice of this prov/si~n, or within thirty(3 30) days, thereafter, obtain from
~che buil~-g inspector a certificate of occupancy designating the location,
nature and extent of said non-conform/ng use and the name of the person
responsible therefor. Where the non-oonform/ng use requires a city license
the applications for the license must first be approved by the building in-
spector before license is granted.
(S) Filling or Servi .ce Stat, i.on.
1~o filling or serv/ce station shall be erected or structurally
altered in a business or industrial d/strict unless the same is erected or
struct-~ally altered in, accordance with plans approved by the building inspect-
or or Board of Adjustment, which may require such changes therein in relation
to yards, location Md capacity of tanks, l~__m?s, buildings and construction
thereof as it may deem necessary in the public interest.
In the ease of a non-conforming use building existing! at the
time of the enactment of this ord/nanceiand which has been constructed and
equipped in accordance with plans providing for future extension to meet
add/t[onal dem~_~ds for the non-conforming use, the Board of Adjustment may,
ai~cer public hearing and with due consideration to appropriate safeguards,
grant a permit for such extension.
(U) ~.ore or Business, Office or Studio.
A store or business shall not be permitted as an accessory
use in a residence district, but the use of a room or romns in a dwelling
in a residence district as an office, stud/o or customary home occupation
by a person resident in the house, is permitted as an accessory use,
provided the residence district in which it is located doea:~not prohibit
such use.
Where manufacturing of any kind is allowed as an accessory
use, it shall be restricted to such ligh~ manufacturing as is incidental
to a perm/~ted use and where the product is customarily sold on the
premises by the producer to the c~nsumer.
(~) l~here a Non-Conforming Us_e is. Changed or Dtso_ontinued..
A non-conforming use may be changed ~o a more restricted use
and when so changed it shall not again be changed to a less restricted use.
When a non-conforming use has been discontinued for a period of one year it
shall not be re-established and future use shall be im co_u~ormity wi~h ~his
oral/hanes.
(X) ZU. terp. r..etat~ion Purpose.
In interpreting and applying the provisions of this ordinance,
they shall be held to be the minimum requirement for the promotion of the
public health, safety, order, convenience, prosperity and general welfare.
It is not intended by this Ord/nanoe to interfere with or abrogate or annul
any easement, covenant, or other agreements between parties provided, how-
.ever, that where this Ordinance /reposes a greater restriction upon the use
of the building or premises or upon the height of buildings, or requires
larger open spaces than are imposed or required by other laws, ordinances,
rules or regulations, the provisions of this Ordinance shall cmtrol.
SECTION 3. GARAGES, FILLi~G ~TAT~DNS AND BUS TERMINALS.
(A) Garages _/n Residence Distri_e~?.
(1) A garage or group of garages is perm/tted in,any district
-6-
~0 ~q~eoe~ ~oqu II~d~ ,evidenCe aemooed eo~.~h~O a.t~ff e;~b e~ ~
od,! ~ bZo~ gf~mc;,:a~;o ei J~uf,o~q ed~ e~edw b~ oau bo~bc~oq ~a
.e~3:.Eew fr~er~e2 b~.~ X~i~eq~o~q ~oonoln~moo ,'z~b~o ,%~e~sa ,~{d'/~md o!fd~c
D. mn~ ~o et~o~d'~ '~o cz~lv~ e~o~o~l o¢ eo~b~O ~id~ ~ bebme~ai Jan aE ~l
on a lot of ~n area adequate for the accomodation thereof in conJuncti~ with
any other main buildings in the same lot and for the provision of open spaces
required by this Ordinance, but no public garage is permitted in any Residence
or Apartment house District.
(2) Within any Apartment house d/strict garage space may. be
provided in connection with an apartment building in the ratio of one space
to each apartment, subject to the prov~sions of this Ordinance with respect
%o side yards, open spaces and other requirements.
(B) Restrictions on Public_ Ga~_f~e_s and.Fi.lling Stations.
(1) No part of any public garage or filling station shall be
used for residence or sleeping purposes.
(2) No part of any filling station, bus terminal, or a public
garage accomodating more than five motor vehicles, nor any driveway, entrance,
or exit to or from the same, shall be within 150 feet of any lot line of any
plot on which is located any Building used as a theater, auditorium, or other
place of public assembly seating over one hundred persons, or used as a church,
hospital, college, school or institution for dependents or children, or an~
public playground or athletic field.
SECTION 4. HEI~IT OF BUILDII~C~.
(A) Except as specified in this section, no building shall be
erected in excess of the follo~ing heights:
Within ~ny Residence District, $8 feet
Within Apartment house Districts, 35 feet.
Within General Business Districts, 50 feet.
Within Local Business D~stricts, $§ feet.
Within Manufacturing ,.~t_ Industrial Districts, Z5 feet.
(B) The hereinbefore specified height limits shall not apply to
masts, flag-poles, or monuments~ nor to do,es, cupolas, church spires, belfries,
chimney lofts, and similar parts of a building, provided that the aggregate
horizontal area of such parts shall n~c exceed 20% of the ground area covered
by the main building; nor shall the spec~fied height, limits apply to parapet
walls not over four feet high.
(C) Within any other thane r.e,s~denee district a fireproc~ ~/lding
may be erected to a h%ight not exoeeding~ feet on any lot wh/eh abut{s
or more streets or public parks ~0 feet or more in width, proy~ded that the
ma/n outside walls of sa/d building in excess of a height of 50 feet shall be
set back c~ all sides,, excel~C the front, toward the center of the building in
a ratio of one foot to each foot of height in excess of 50 feet.
(D) Roof signs are permitted to be erected ~aly on buildings w~thin
any Busix~ss, Manufacturing and Industrial Districts and shall in no part
extend hi~her than five feet above the main parapet or the mea~ level of the
roof of a building, wh/ohever may be the higher; except that ~his elevation
may be not over ten feet in the case of an open electric sign, the surface of
which is not more than 50% solid.
SECT 1DN §. YARD REQUIREMENTS.
(A) _Fret ~rd
.Within any Residence or Apartment House DiStrict a front Fard
is required on every lot which, except as below specified, shall be at all
points of a del~h of not less than the following:
Within Residence "A" Districts, 35 feet.
Within Residence "B" Districts, $O feet.
Within Residence "C" Districts, 25 feet.
Within Apartment House Districts, 25 feet.
exoelfc that within any residence d/strict on an~ lot which at ~he time of the
enactment of this oral/hence is of a depth of 100 feet or less/one foot may be
.8OL~I~JIU8 ~0 TH~IZH .~ ~OITO~
~d II,d8 ~mkhI~ud on ,moid~e~ e~ ~ be~:~oeq~ ~ ~qeox~ (~)
:~d~led ~oIIo~ ed~ ~o ~aeoxe m~ hereto
o~ ztqq~ do~ ii-da ~tii ~le~ be!~toe~ e-xo~edn~e~eg edt (~)
,ae2~ed ,ee~fqe ~o~o ,e~Ioq~o ,~o~oh o~ ~o~ ;l~e~nom ~o
he~evoo ~e~ b~o~ e~ ~o ~Og beeoxe ~n finds 8~nq doua ~o ae~s f~,dmoxk~od
deq~q o~ ~Iqq~ a~mtl ~M~;tort be~toeq~ odd Ii~ ~on
omo e~d~ ~o~w ~I y~m no ~oe~ 8V ~,~eox~
ed~ ~.~ bebZvo~q ,~b~w m2 ~ ~o ~e~ 08 ~'~sq e~Id~q ~o a~e~ds e~om ~o
.~ee~ ~ ~o ~eeoxe mt ~d~2ed ~o ~oo~
o~ ~o l~ei ~ ed~ ~o ~eq~aq m~ odd ~od~ ~e2 ~i~ ~ ~od~.i~ b~e~xe
iI~ ~ ~ II~a ,be~oe~z ~Ie~ es ~eoxe
. ~oe~ O~ ,a~oZ~dz~c] "8"
ed~~ ~o ~ ed~ dn do,my dol ,~ ~ ~oZ~a~ oomebiae~ ~o~ m~d~kw ~:~ ~qeoxe
deducted from the above specified front yard del~h £or each five feet that
the lot is less than 100 feet in detfch. Where the existing front yards in
the same block frontage are of a greater depth than above specified, then
the front yard\shall be at least equal in depth to the average of such
existing fr~nt'yards. Where the existing fron~ yards in the same block
frontage are within a distance of 100 feet of the sa~d lo~, and of a less
depth th~n above specified, then the front yard shall be at leas~ equal in
del~ch to the average of such existing adjoining front yards. When blocks
are of greater length than ~00 feet, the fron~ yard shall then be equal to
the average front yards of existing buildings within BOO feet each way.
(B) _Setback~Re_quirements in Business Districts.
(1) On any lc~ within a business District which is within
the same block on the same side of the street and within $0 feet of the
boundary line of any Residence or Apartment House District, a front yard
or equivalent open space is required of a depth not less than one-half the
front yard depth prescribed herein for that class of residence or apartment
house d~strict whish adjoins the hereinbefore mentioned business District.
(2) Within any business district, it is required that all
commercial buildings shall be set back 10 feet fr~a the fro~ let line and
5 feet fro~ a side street line. In the case of residences and apartment
buildings occuring within any business district, such buildings shall main-
tain a minimnm setback of 25 feet.
(S) Ail business buildings on East Sixth Avenue shall be setback
a minimum of 20 feet fre~ the front lot line.
(4) In modification to the setback requirements specified
above, the setback requirements of any particular lot in any business,
industrial, or manufacturing districts, shall maintain the m~nfmum setback
requirements as specified above, bu~ with the following exceptions; if the
setback of the existing building, on the directly adJoini.ag lot, is less
than 5 feet, then the said set back may be reduced, providing it is at
leas~ 5 feet greater than the existing adjoining building.
(C) ~int~t~in~ ~ab~!she~ ,~ildin~ r~ines.,
Nothing in this section shall Justify or cause the violation
of any existing Ordinance, regulation or contrac~ which prescribes in any
district a building line along any street, the adherence to which building
line would create a front yard or equivalent open space of a depth greater
than is specified in this section.
(D) Rear Yard Requirements..
Within any di~ric~ a rear yard is required, except as
specified in this section, on every lot behind any main building, which shall
conform with the following specifications:
(1) Within any Residence or Apartment House District the
~tninmun depth shall be 50% oF the combined side yard requirements.
(2) Within any Apartment House Distri~c apartments and
~ultiple family dwellings shall occupy not ~ore than 60% of the area of the lot.
No accessory building or structure shall be permitted
within 5 feet of any rear lo~ l~he, excep~ where a rear lot line abu~ts on
an alley.
($) Where a Residence is constru~ced in any Business, Manu-
fact~ring and Industrial District, the m~ninum rear a~d side yard requirements
for Class "C" Residences shall be maintained.
~.ezi~ d'ee~ ~v~ d~.ee '~o~ ~f~qeb B'I~V, ~no'~ ~e~ceq~ erode e~d :*<o~ ben,bob
b~ d'no~ ~ ,~u~aiC escort ~em~qA ~o eo~obiaeH ~ 3o ~i ~h~od
.d~C: ~eniand f>e~oi~ e~o2ednie~e4 e.d~ unto~bm ~i~w ~o~b e~oH
betltoeqa a~aeme~iupe~ ~o~ddea e~ od' noi~aoiq:tl:om ~ (~)
~e:f~e~ 6~qeb ~ ~o eo,sqa ~o ~neI~vi~pe -~o b~ ~o=~ ~ e~e-io bluow
.hold, em ~kd~ ~1 bek%ko~ at ~'
ii.rim dofdw ~ZbZiud mi~m yr~ bm~ded c~oI ~ove no ,~oi~e~ a~d~ ~t bet~oeqa
:a~oi?~cilioeq~ anZwoi!oi ed~ d~iw ~r~o~oo
.doi' ez/d 20 ne~ e~ ~o ::,~Oa n~ri:~ ~f~ ~oa zq~¢:>o i/ada a~ifewb ~I~ eiqii'fu~
.be~dzt~!n ~d i[~a seomebJ:ae~ "O" 88~i0 ~o~
(~) Withi~ ~ ~si~ess Di~rtct, ~e ~~ ~e~h ~11
be 10 feet, ~d ~or each foot tha~ the hetgh~ of said ~tl~ng exoee~
fee~, there sh~l be added four ~ohes ~o the re~ired de~h.
(~) ~difications ~ .~cept~o~s.
wi~h~ ~y Bus~ss Dis~ri~ no ~ar y~d ~s required
~.~y ~ou~ lot lees ~h~ 280 fe~ ~ep nor ~ ~ co~er 1~
50 fe~ of a s~ ~ree~ ~at adJolas ~ alley~ pr~ag adeq~e load~g
spa~ is prodded (see Se~f~ ~ ?, Paragraph F-?), ~or ~ ~y 1~
is less th~ ~ feet deep; except that ~ere the rear 1~ line ~th~ ~y
~siness Di~rict is a boldly line of a Restden~ or A~ment House
Distri~ a rear yard shall be provt~d on the 1~ w~t~ the
di~ric~ which ~all ha~ a de~h of n~ lees ~ 10 feet.
(E) Side Y~d ~d Set Back R~2ut~s.
Within ~y Di~ri~ a side y~d ia ~qu~ed on e~ lot
~een ~y ~ ~ild~ ~d a side lot line, exoe~ as s~o~ted in
action, which shall co~o~ wf~h ~e foll~g specification:
(1) Within Residence "A", "B". "C" ~d for ~ell~gs in Ap~
House ~stri~s the c~b~ed side yards ~1 ~ 25% of t~ ~'dth ~ the
lot, p~vided the ~~ c~bi~d std~y~d require~nt ~all not ~ less
than 10 feet or the ~~ ~re th~ 30 feetl
~d side yards to be of equ~ ~dth; pro~ded that the
bulldog inspe~or ~y pe~t ~ side ~rd to ~ of less width th~ the
~her, but no bulldog s~ll be construed w/thin 5 feet of ~ 1~ line,
nor wi~h~ a die,ce e~X:to ~e co~i~d side yard width required for
that 1~ f~m the ~ building existing ~ ~y adJoin~g lot.
Also ~ a Residen~ ~d apa~me~ House Di~rict, ~y
or ~her accessory ~lding ~all be included in the combined side y~d
~quire~s w~th the ~ ~ild~g, exoe~ whe~ a private g~age is set
Within
H°use
I~) ~ Ap~ent Di~ria two side ~ds a~
~quired of a c~b~d width of at lea~ 2~% of ~he wid~ of the 1~. Said
side y~ds to be of eq~l ~d~h; provided that the ~ild~g ~e~or
pe~t ~e side ~rd to be of less width ~h~ the other, b~ no
house shall be construed within 10 fe~ of ay lot line, nor within
feet of a mtn build~ e~a~g on ay aJoin~g lot.
(~) Within ay Bus,ess Di~ri~ a side y~d of 10 feet width
is required along ~y side lo~ li~ ~ioh ser~s as a b~d~ li~ between
that 1~ ~d ~y Residence or Apa~ment Ho~e Distri~.
/
(~) Wit~ ~y ~ai~as, ~du~rial ~d ~ufao~ri~ ~ri~
a side set ba~ will be required ~ere such building exceeds a height of
50 fe~. At ~e ~ foot level above,the ~reet, said a~ ba~ to be ~ the
r~tio of 4 inches to ea~ fo~ a~d build~g exceeds said thi~y fo~ leal.
(F) ~oe~ion loft ~rner
Within ~y distri~ on ~ny comer 1~ a ~e~ously s~cified.
requi~d side ~rd which abutts a side ~reet line need not be ~y wider
th~ one-half t~ width of a ~ont ~d requi~d as a mi~ on ~e adJoi~ng
lot f~g on that side ~reet. (Refer to Se~i~ 2, Para,apb M )
WitCh ~y Di~rict a eou~ is r~qui~d ~ere~r ~y r~
which ~ople liw, sleep, ~rk or co~re~te osn~ ~ adequately li~ted
or ventilated ~reotly from a ~re~ or a ~rd on the s~ lot to afford
~tural light ~d ~ilation to such room, b~ no oo~ need extend
~e ~om or roo~ it is req~red to se~.
The ~~ ~dth of ~ o~er oou~ s~ll ~ in the ratio of
6" to each fo~ of its heist, ~d not less th~ 6'; ~d of ~ i~er co~
in ~e ratio of 9" to each fcc2 of its height, ~d ~ less ~ 9'.
o~er ~u~ ~all be longer th~n twice its wi~h. ~d no i~er c~ ~all
.d~eb be~i~pe~ ed~ o~ ~edo~t ~o3 ~b~
a~d~ ~ol ~e~oo v~ ao ~oa ~,~ ~ee~ Oe~ n~d~ 8ael ~ol ~o~d~-
doidw dol ~ ~ ~o~ ,(V-~ dgm~ ,T ~ no~oea eoa) beblvo~ ~l eo~q~
5ol ~eve ao be~upe~ ~l baa~ ebla s ~i~,taiC 'l~ ~id~iW
~ ~t bek~ioeq~ ~ ~eoxe ,e~ii ~ol e~i~ e b~ ~kbliud ~ '~ ~ee~eJ
· ae.[ ed ~oa I~ un~s~aie~ b~z-ebia bea~d=oo ~la~ ed~ beblvo~q
ed~ ~e~ bebivo~q ;~-I~5~ l~uoe 'io ed o~ abu~'t ebia
.esuod ~ ed~ ~o ~se~ ed~ mo~ ~ee~ OI ~o eon~b
e~e ab~e~ of, La ow~' ~1~1G e~uoH ~sem~q~ ~n~ .~ol ed~ ~o ~biw ed~ Io '0 '
· leve,[ ;~oo% ~d~ 62~m abeeoxe ~l~bli~d bi~a ~oo~ do~e o~ aedsa~ ~ ~o o~'~
. $:fod .,.r.. ,oO 303 ~oi~q. oo~
bo~3~oeqa Efa~oive~q ,~ ~I ~o~oo E~ ~ro ~c~;'~a~:b Z~
· iebiw x;~ od ~on been o~il ~eo~a ebia ~ e~:J-mf,e dsiHw b~z eb~a be~iupe~
,b~o2~s o~ ~of omi~ odd' i~o b~t~ .o '~o ~ee~da J:, ~0~2
wofed bae:'xe been ~'ruoo oa ~ud t~oo~ Hou8 o~ ~oi~Ii~u~
.e~'~o8 o~ .bo~hn':e~
~e shorter than twice its width. An inner cour~ shall have an air intake
at the bottom, with a cross section of at lea~c 12 sq. f~., which shall be
closed only with a latticed or grilled door or doors, so as to allow the
free passage of air.
?o, ecoo ,e?
Within any I~lstrict a por~eoochere shall not be considered a
part of the main building as to side yard requirements, providing that it
shall not be constructed wi~in the minimum side y~rd requirements, but
nothing herein, shall be construed to permit a portecochere to be built
within the side yard required abutting a street.
In the c&se where lo~8 are for~ed into & eo~t&ge cour~ such
lo~s m~y be reduced in area to 3~?~ sq. f~., provfd~n$ a lo~ of
size ~nd shape remin~ to permit a sir~le f~l~ d~ellin~ to be buil% in
confor~n~-ty with a mi.~um yard requirements of this Ord~ne.nce.
shall face an open space o~ a mtn~um width of (forty) 40 feet, which is
used collectively for street and yard purposes, excel~; cottages may face
par~y lot l~_~es, but in such case a m[~mum set back of (t~enty) 20 feet
shall be required from such par~y lo~ line.
A minimum rear yard of (ten) 10 feet shall be required where
any such rear yard abutts a party lot line and a minimum combined rear Fard
of (ten) 10 feet where two rear yards abut each other.
Ail trailers shall be placed adjoining either a street or an
open space provided for a driveway. Where trailers a~e placed adjoining a
street, ~hey shall maintain a se~ back equal to the minimum front yard
,r~equirements for residence "C" District. Where trailers are placed adjo~x~tng
an open space provided for a driveway, the open space shall be of a minimum
width of $0 feet and shall face an open space of a m~nimum width of 20 feet.
This space shall be separately and distinctly apar~ from a street or driveway.
In no case shall any trailer be closer than 10 feet from any adJoin~n§
trailer or from a par~y lot line, or from ~ny building.
The cottages, tents or'~tenthouses comprising a tourist camp
m~st front on a street or ~n an open space provided for a driveway. The cottages
if fronting on a street shall conform to the required minimum fron~ yard
back for residence "O" District. Where cottages front on an open space provided
for a driveway, the open sp~ce shall be of a minimum wtd%h of 30 ft. and shall
be a through drive. No part of any cottage may be closer than 1~ fee~ from any
adjoining building nor closer than 10 feet from any party lot line. Where
trailers are used for living purposes, they must maintain the same spacing as
required for the co~tages, provided fha2 where a trailer is not used for
living purposes it may be parked, by the side of a cottage which is used by
the owner of the trailer.
SECTION ~. USE DISTRICT CLASSIFICATION.
\
(A) For the purposes of this Ord~_~uCe the City of Delray Beach is
hereby divided ~to seven 'classes of Use Districts or zones, designated as:
1. Residence "A" ~strict.
2. Residence "B" Distric~.
3. Residence "C" District.
4. Apartment House District.
$. ~eneral Business Distri~.
6. Local BuSiness District.
7. Manufacturing and Industrial District.
.~ ~-h~' ZI~o
edt
(B) The boundaries of each of the above designated districts are
' shown upon the map i~ttached t.o and made a part of th~s 0rdi~_~nce, which is
designated as the "~onfng Map of the City of Delray Beach, Palm Beach County,
~cate of Florida.
The said m~p and &ll notices and references shown upon it sh~ll
be and are as much a part of this Ordinance as if the map, notices s~d
references were all fully described herein, and for the purpose of clearly
defining the various use d~stricts said map has been colored as follows:
1. Residence "A" District is colored red.
2. Residence "B" District is colored green.
3. Residence "C" District is colored in white.
4. Apartment House Di~crict As colored in yellow.
8. General Business Distric~ is colored in blue.
6. Local Business District is colored in purple.
7. Manufacturing and Yndustrial District As colored in Brown.
(C) The District boundary lines are intended generally to follow
street lines, alley lines, existing lot lines, the mean water level of streams
or ponds or railroad right-of-way lines as indicated on the "Zoning Map";
but where a boundary lane does not coincide with such line its location or
relation to another boundary line is indicated on said map by means of figures
expressing distance in feet from a street line, or other boundary line.
(D) In cases of uncertainty or disagreemen~ as to the true location
of any District boundary line, the determination thereof shall lie with the
Board of Adjustment as hereinafter provided.
~ECTIOI~ 7. USE DISTRICTS CLASSIFIED.
(A) Residence "A" District Uses.
Within any Residence "A" District no building or premises shall
be used in whole or in part for any industrial manufacturing, trade or c~mnercial~
purpose or for any other than the following specified purposes:
(1) Single detached dwellings used as a residence by not more
than one family.
(2) Church, School, College, Library, Public Museum, Cc~munit~
Center Building, Ar~ Gallery, Membership Club, (catering exclusively to members
and thair guests), lodge or fraternal assembly quarters; provided that no
building shall be used for any such purposes unless the street upon which said
building faces shall be at least 50 feet in width.
(3) Private garage or other accessory building customarily
incident to any use permitted in this se~cion, and provided that no such
accessory building shall be occupied for residence purposes by other than
a servant or domestic employee of the owner or tenan~ of the premises.
(4) Telephone exchange where no public office and no repair
or storage fac~lities are maintained. Fire Station, Police Station.
(5) No ~ne story m~tn building shall be constructed with a
.fully enclosed first floor area of less than 1,080 square feet. No two story,
or higher main building shall be constructed with a fully enclosed area of
less than 728 sq. feet for the first floor. No one a_nd one-half story ma~n
building shall be constructed with a fully enclosed first floor area of less
th&n 89~ sq. feet.
~,, (6) One-half of any ~rea of a building used for accessory
purposes, po~ehes or attached portece~heres or garages m~y be considered a
part of the~nimu~ area allowed for ~ building. In case of a two or more
story buildi~, 40~ of the minimum fir.~ flocr may Be used ,fOr accessory
purposes, a~d~ncluded in the m~im~un ~quiremen~s, bu~ ink'such case, the
second floo~ s~ll cover the full are~ o~ the first floor.~'~
~ bo~obZa~soo ed g~ aeg~.eg ~o ~o'zodvooeg~oq bedo.,]~ ~o ~edo~oq
e~om ~o o~ ~ 2o ease l~I .~aibll~ one ~o2 be'mfl~ ~e~ ~mh~ od~ 2o ~q
.'xooI2 ~a~il od~ 2o ~o'~e iI~I ~d~ ~evoo ifmfa ~oof2
(7) No garage or garage apartments, or othe~ accessory
building shall be erected before the m~in building is under constructic~
to the point of being fully enclosed.
(B) Residence "B" District Uses.
Within any residence "B" I~strict, no building, or premises
shall be used in whole, or in part for any industrial, manufacturing, trade
or commercial purpose; or for any other than the following specified purposes..
(1) Any uae permitted in Residence "A" Districts, as regu-
lated by paragraph A of this section.
another two family dwe~tng provided they ~_separated by a~ unpierced
masonry fire wall and ~urther provided that ~.only two such tw$ .family dwell-
ings may be built in ~ny group or ca any on~ lot.
(~) Doub~detached'dwell~ used as a r,idence by not more
than two families livin~.~.ndependently, on#'~from the
(4) cct~ge Cour~s.
(5) No one story main building shall be constructed with a
fully enclosed first floor ~rea of less than 89S square feet. No two story,
or higher main building shall be constructed with a fully enclosed first
~loor area of less thaa 624 square feet. No one and one-half story main
building shall be eemat~cted with a Fully enclosed first floor area of
less than 728 square feet.
\ (6) One-half of any area of building used for accessory
purposes, p~rches, attached porteoocheres, or garages, may be c~nstdered a
part of the ~m~mum area allowed for cae building, . In case of a two or more
story building, 40% of the min~num first floor may be used for accessory
purposes, and included in the miUtmum requirements, but in suc~ case, the
second flocr Shall cover the f~ll area of the f~r~ floor. ;
(?) No garage or garage apartment, or o~her accessory building
shall be erected before the ma~n building is under construction to the point
of bein~ fully enclosed. ~
Within any Residence "C" District no building or premises shall
be used in whole or par~ for any industrial, manufacturing, trade or commercial
purpose or for any other than the following specified purposes.
(1) Any use permitted in Residence "A" and Residence "B" Districts,
as regulated by paragraph A and paragraph B of this section,
(2) Dormitory, boarding house, roo~ng house, provided no
merchandising or commercial activities are carried on for gain, except for
accomodation of guests.
(3) Building used for Club, Fraternal, Recreation, Athletic
or Social purposes and maintained by a membership organization in which lodging,
the temporary use of rooms or meals are supplied to the public incidentally
to serving its members; provided that no merchandising shall be carried on
therein and that no restaurant or other roc~ available to the public shall
have access frc~ the street.
(4) Hotels, provided that none shall cater, except incide~tally
to transient guests, nor carry ~n any merchandising or commercial activ~ties
for gain; ex~cept for accomodation of guests.
(D) Apartment House D~strtct Uses.
Within any apartment house distric~ no building or premises
shall be used in whole or in part for any industrial, manufacturing, trade
or cc~zercial purpose or for any other than the follow~ specified purposes:
-12-
:aeaoq~q be~o~8 3a~wo~[o~ eH~ ~d~ 3od~ ~C~ ~o~ ~o ;eaoq~uq I~o~e~os ~o
.~o~ omo ~
e~ ~o~ ,{d osmeb~aO~ ~ a~ beau ~A~i~e~ boAo~eb 9~d~ (~)
~i~ beaolo~e ~li~ m d~w be~o~oo ed Ii,tis ~b~ud m~a~ ~ed~.~d ~o
~oaao~o~ ~o3 boa~ ~ibliud 30 ~o~ ~ ~o 'll~f-o~ (8)
~ bo~ebiaaoo ed ~ ,ee3~3 ~o ,ae~odsose~oq b~,do.a~a ,~edo~oq ,aoaoq'wq
.beaoIo~o '{Ii~ ~m~ed ~o
II,:ia aeaL.~e~q uo 3mi~li~d om ~oi~a~G "O" eom~5~ue~: ~m_e ~hf~i!"~ .
ol~ bebivo~q ,ea~cfl 3~a~ ,e~o~ 3~ib~od
.
,~;feid:+A ,~oi~e~i ' ~ '" . ' '
',~II,~Y~eb/om~ o/idu~ od~ o~ 5oklqq~
(1) Any use permitted in Residence "A", Residence "B", and
Residence "C", D~stricts, as regulated by paragraph A, paragraph B and
paragraph C of this section; except the miuimum floor area requirements shall
conform to Residence "Be District. The board of Adjustments may vary~the
nd~mum floor area required in this D~strict after public hearing.
(2) Residence for three or more families.
($) Apartment house, provided that none shall cater; except
incidentally to transient guests, nor carry on any merchandising or commercial
activities for gain.
(4) Sign not over six square feet in area fixed to the main
wall of a building, which merely ~ndfcates the name. ocoup~ucy or purpose
e~ aueh build~ng.~
(~)~ ~Local Bus%mess DistrAct
Within any local business ~strict no building or premises
shall be used im whole or in part for any industrial or m~ufactur~ag purpose
or for a~y other than the foll~wiug specified purposes:
(1) A~y use permitted im Residence A, Residence B, Residence
C and Apartmemb House Districts, as re~Alated by paragraph A, p~ragraph B,
paragraph C and Paragraph D of this section, without the therein restrictions
as to public or gaim~ml use, as to home occupations a~d service to transient
guests and merchandising in boarding or romm~g houses, clubs and similar
buildings, or as to accessibility to restaurants and other rooms immediately
from a street.
(2) Eotel, without restrictions as to transient gme~s or
merchandising,activities, public restaurant or other eatimg places ~exeept a
lu~ch wagon, diner", road ~tand or other eatimg place of similar type.
(~) Retail store; a~temobile salesrooms, including accessory
repair shop in rear; public garage, i~lli~g or service station; office:
business or vocational school: bank: assembly hall and theaters; commercial
green house; billiard rooms; gymmastum or athletic establish~nt; bowling
alley; persona! service establishment such as, taller shop, shoe shop, hand
laumdry, clearing a~d pressimg, barber shop or beauty parlor; ..florist shop;
ce~feetionary; butcher shop; hand bakery; shop of a plumber; electrician or
similar tradesmam; all provided that in the permitted stores er shops no
merchandise shall be carried other than that intended to be sold or retailed
on\the premises; that where service is rendered it shall be primarily for the
co~venience of these living in the neighborhood; ithat only electric or other
uoiseless smokeless and o~orless motive p~wer be used for operating any
machinery used incidentally to a permitted use and that in no one shop or
establishment shall more tha~ three horse-power be employed in operating
such machimery, but not tncludimg the machinery c~nly co~sidered as buil~img
equipme~t$ a~d ?further provided that no ~upplies, material or goods be stored
out do ors.
(~) Street oar or bus terminal, provided that no provision be
made therein for other th~u emergency repair work.
'(8) Electric transformer o~ awitchin§ station.
(7) Sign referring to the premises upon which it is displayed
or to service rendered thereon, provided that any aueh sign shall not project
beyond the side walk line or have an area exceeding ~0 square feet; and further
provided that there shall be not over one such sign to each separate tenant
of the main building on the premises. Amy sign projecting over front setback
or sade walk shall maintain a minimum height of 8 feet above said front setback
or side walk.
(8) Plant supplying, or connected with the supply of, water,
gas, or electricity under such conditions and regulations as may be prescribed
by the City Cow, oil.
-15-
:~oeoq~m~ het3.:cr:eqe ~.;~i'~o/fo~ ed~ nnd~~ ~er[~o ~:~ ~.o~ ~o
on aqo~s ~o ee~o~ be~Dmaeq od~ ~ ~de b~b~o'~q fI~ ;~eeb.e~
be~o,:~s ed ~boog ~o I~i~e~am ,zsi./qq~,a o~ ~:~d~ bobivo~q ~et[~% bta~
~ ~-~o~ ,',~)
O'o~[o'nI ~or~ II~d~ .~ ~';ou, gm~ ~,fic~ bebi,;'o~q ,aoe~ed~ be~ebr~e~ ooht~ee o~ ~o
bedi~:,~o~q ed X~ ~ a~ot~,i~,~ b~ ~moi~bmoo d~ua ~eb~ ~ioi'~ele ~o
(F) General Business District Uses.
Within any general business district no building or premises
shall be used in whole or in par~ for any industrial or manufacturing
purpose~-excel~ as permitted in this paragraph, or for any o~her than the
following specified purposes:
(1) A_~y use permitted in Residence A, Residence B, Residence
C, Apartment House and Local Business Districts, as regulated by paragraph
A, p ~agraph B, paragraph C, paragraph D, and paragraph E of this seetio~D
except that no tourist camp will be allowed.
(2) Office building, hotel, school, club, eating place,
theater, moving picture house, storage warehouse, salesroom, wholesaling,
Jobbing or distrfbu~ing establishm?r~, all without restrictions as to
public or gaiuful use, as to looal~[convenience, as to range of activities
or as to number of signs; provided~hat only electric or other noiseless
and odorless motive power be used for operating any machinery used incidenta~
to a permitted use and that in no shop or establishment shall more than ten
horse power be employed An operating such ~achinery, but no~ including the
machinery commonly considered as building equipment.
(S) Newspaper or Job printing plant using no~ more than 20
horse-power An electric or ~cher noiseless, smokeless, odorless ~ive power
for each 2,800 sq. feet of floor area occupied in the containing building;
public garage or service shop engaged in repair work; laundry employing not
over 20 operatives and using not more-than 20 horse-power in ele~ric or
~cher noiseless, smokeless, odorless motive power.
(4) Sewing, altering, laundering, cleaning, dyeing, processiug
or fabricating operations which are carried ~n in connection with a store on
the sa~e premises but which are subord~ a-_d incidental to ~he mrchandising
carried on in such ~ore; and provided that in the conduc~ of such operatiens
n~ ~ore tha_~ ten operatives be ~hereon engaged or more than ten horse-power
in ele~ric or ether noiseless, smokeless, odorless motive p~er be use~ in
any one establishmen~.
(8) Any business or pro~essional use no~ provided for as a
permitted use, provided such use is not noxious or offensive by reasc~ of
omission of dust, odor, gas, fumes or vibrations.
(S) Co~mercial billboard or public a~ver~[sing sign. provided
it be not within six feet of any other lot line or ten feet of a street
and not over se~n feet high or twelve feet long and the bo~tc~ shall be not
more than five fee~ nor less than ~wo feet above the ground.
(7) Every building designed for co~nercial use hereafter erected
in a general busiuess district having frontage.~on a street or alley, shall
have on ~he premises a loading space for the l~adi~g and unloading of commercial
vehicles serving such building. Such loading space nmst be adequately provided
for in a lOc&ti~n approved by the Board of Adjustment. For buildings of
limited loading sp~ce requirements, the Board of Adjustment ma~ on applies%ion,
after publi~/~earing, cwuive the above~0a~i~, g Slt~,c~ requir~nts.
~\ ~anufacturing and Industrial District Uses.
In a Manufacturing and Industrial District all buildings and
premises may be used for ~y purpose permitted in Residence A, Residence B,
Residence C, Apartment House, Local Business and General Business
as regulated by paragraph A, paragraph B and paragraph C, and paragraph D
and paragraph E, paragraph F, of this section, also for any other lawful
trade, industry or use except the following, which are hereby prohibited:
(1) Cement, lime or plaster of paris
(2) Chlorine or Hydrochloric, nitric, pior~c, sulphurous or
sulphuric acid manufacture.
: ~e~oq~q bei~io~qs
~i~,~d ~n~ni~oc. e~ ~t beiquooo ~ess ~ool~ 2c ~-oe~ .p~ 00~.~ do~e ~o~
~oa ~ni,.~ofq~e ~bmrsl ;~ow ~h~qe~ ai because qoda eob-tea ~o e~
.~','~q ~vi~o~ ~ef~oSo ,;~efe~oma ~eele~ioa ~e4S-o
~o ~e~ %d svi~ne~o ~o a~oixo~ ~o~ a.~ ea~ do~a bebivo~q ,eau be~t~eq
.ano~s~dtv ~o se~'~ ,s,e3 ~oho ,~uk, ~o
ecH ~ee~a n ~o ~ee~ ne~ ~o egkl ~o.[ ~ed~o ~ ~to ~'~e~ x/s mld~iw :~n ed ~
be~eue ~e~e~e~ ea~ lSio~n~c ~o% ben~iseb ~r~:2f;liu<ff X~ev~ (V)
f~to~oo ~o 3~tb~olnu bns 2n~ib.~ol ed~ ~o~ eo~qa ~nkbz~ol ~ eeaime~q e~ nO
,t~ot~soifqq~ no ~m ~e~e~ba ~o E~o6 e~ ,a~aemouiupe~ eoaqa ~xzib~ol 5e~kmi:i:
'~o ~Uoumdqfu~ ,~i~oiq ,oi~k~ ,cf~of~oo~byH ~o eni-~of~3 (~)
(3) Distillation of bones.
(4) Fat, tallow or lard rendering.
(5) Fertilizer a~m~Afacture; except the cold oc~po,,~_~ng of
n~dorous ~rials.
(6) Glue, size or gelatine ~act~e.
(7) Hair factor.
(8) P~role~ ref~g.
(9) P~a~ ~fa~ure from kelps.
(10) Reducti~ of g~ba~, offal, dead ~s or
(11) Slau~ter h~se.
(12) Stock yards.
(13) T~ery.
(14) ~oleeale storage of gasolene, ~s, a~ other
li~ids, gases, or ~era.
(15) ~d ~y ~her tr~e, ~dus2~ or use of simtl~ ~Cure
which As, or is lilly ~o ~co~ objectio~ble by reason of ~e e~ssi~
of d,_~erous, ~holesome, foul, ~useous or offensi~ g~es, odors or
or ~ger of e~losio~. :~ ~ ~j ~
(A) This Ord~ a~ll be ~stered ~d e~oroe~ by the
B~ld~ ~e~or ~hrou~ ~e p~per leal ch~els. He ~all im mo
~ ~y pe~i~ for ~he co~truo~iom or al~era~ioa of ~y bufl~ng ~d he
~all a~ gra~ ~y oe~ifi~te of ooo~p~o7 in res~ of ~y bu~ldi~
~ere the pro, seal c~~ion~ alte~tiom or use thereof woul~ ~
~ola~ioa of ~y p~visAoas of ~h~a Or~oe.
~1 appl~oat~oms for bu~ldAng pe~ta ah~l be s~ed by
t~e ~r or age~ of the pro~7 ~,ompa~ed by a pla~ in ~plAoa~e,
dra~ to scale ah~i~ ~st~oea ia f~e ~d t~ a~ual ~ioas
leg~ ~es~ri~io~ of ~e lo~ ~ b~ilt upom, ~1 b~ld~gs e~stimg if
be ere~ed, ~d ~re~s ~d alleys adJao~t, ~d su~ o~er ~o~ti~
aa ~y be necessa~ ~or t~ pro~r ~oroe~ of ~is ~~oe; ~d by
~he p~ of a fee ~ re~ired by the ~ld~ eode.
A record of ~eh appliea~i~s ~d pla~s ~all ~ ke~
the office of the build~g ims~or.
(C) ~e~a~e of Oe~~.
I~ e~ll ~ ~law~l to use or pe~ t~ use of ~y bu~ld~mg
or pa~ ~he~of he~er compacted, oh~ed. ~ered. eal~d ~olly
or ~n ~, ~il a ce~ificate of oo~p~ ~all ~a~ be~ applied for
~d ias~ by ~he ~Ai~ I~speotor. ~ ~plicat~ for a
of oce~ shall ~ ~de ~ duplioa~e up~ a fo~ provided by ~he
Iaape~or ~d accompa~ed by such plus or ~her i~o~i~ as ~y be
re~red b7 ~e ~tldi~g ~spe~or, ~d b7 ~e pa~ of a f~ of 2~
~ e~se ~he ~ild~g ~ape~or should decli~ to issue a ~e~ifi~ of
ooo=~ ~s reasoas for ~o do~ shall ~ ~a~ed ~ ~e ~py of t~e
applio~ ~d ~at copy ~u~ ~o ~he applio~, ~o ~7 ap~al fr~ ~he
. deoia~ of the buAld~g imspe~tor to the Board of ~Ju~me~.
SE~ I~ ~ ~D OF A~~.
(A) A Bo~d of AdJ~s~t is ~e~y e~abliahe~. It is the
pu~oae of t~is Bo~d to c~a~der a~ ~ reeler ~e~ ~ ~e s~d B~rd
.e,~od 'to ~:~o.t~Ii~J:(f (6,)
~i ed f;,fuow ~oe~ed~ e~ ~o mo/~'z~e~i~ ,noi~k,u~'szxoo b~lo~q ed~ eu~
.aTiMH~q O~!IG~UH ~i~ HOI~Oldq~ (8)
,~n~ %1 ~/~a/xe a~nif-,lt~d Ii~ ,aoq~ ~lt~d e~ ~ol ed$ ~o moi~qiuoaeb I~eI
o~ a~ibli~d ed~ lo ~ol e~* ~ ~o/~ooi ba esia ~o~xe e~ ,~ol ~tsa ~oq~
.eboo ;qnlbfiuo' ed~' ~d be~iu~,e'~ a~ ee~ ~ ~o ~emv~q eH3
~.t ,~et ed lfi~de z~nfq b~ a~/~'~otlqq~f ,de~a ~o b~o:~o~ ~,
~-~_ - _ -- ._ & ,.
ed ~'m ~a ~ai~:'i~=uo?.zi Uod~o '~o ~iq rfoua ~,d' be~qmooo~ b~
or special meeting called for the purpose, the written request of any
applicant for special permission to deviate from the above zoning code.
If the said Board of Adjustments 'Should find in their opinion, such request
in harmony with the general purpose and intent of the above zoning code,
they shall then grant such special permission.
(B) Said Board of Adjustments shall consist of the Mayor and
members of the City Council of the City of Delray Beach.
(C) Should the Building Inspector refuse a building permit, the
applicant therefor shall have the right to appeal, in writing, to the City
Council within thirty (SO) days from such refusal and the Council shall
sustain the action of the Building Inspector, or order the permit issued,
either in form, originally applied for, or with such modifications as the
Council may see fit to approve.
iD) of
The City Council may appoint, in such manner and for such
terms as it may see fit, a Board of Enquiry, of competent and particularly
qualified freeholders, one or mere of whom may be a me~ber of the City
Council by resolution, and require that appeals from or protests against,
the rulings or actions of the Building Inspector be ~first presented to such
Board, which shall with reasonable expedition inquire into the matter and
make appropriate recommendations to the City Council. The council shall,
by resolution, establish and from time to time, modify regulations for the
meetings of such Board and all other matters appertaining to its continuance
and funot ioning.
(E) Any freeholder, or the Board of Enquiry, shall have the
right to pro~e~ in writiug a ruling or a~cion by the Building ~uspector,
which protee~ shall serve to stay issuance of a per,it, until the matter
shall have been considered by the Board of Enquiry and decided by the
City Council in the case of protea~ by a freeholder, or be decided by' the
City Council in case the pro~est originates with We Board of Enquiry.
SECT ]ON 10. VIOLATIONS AND PENALTIES.
For any and every violation of the provisions of this Ordinance,
the owner, contractor o~ other person in~erested, as lessee, tenant, or
othereise in any building or premises where such violation has been commited
or shall exist, and who refuses or neglects to abate' said violation within
five days after written notice has been served upon h/m either by mail or
personal service, shall be deemed quilty of a misdemeanor and upon convi~cion
thereof, shall for each and every violation be subJec~ to a fine o~ no2 more
than One Hundred Dollars, ($ 100.00) or i~priso~en~ in the City Jail for
a term of not more than thirty (30) days, or bobh, at the discretion of the
Cour~ or Judicial Officer before whom a conviction may be had. Each and
every day th~c such violation continues after such notice shall be c~xsidered
a separate and specific violation of this Ordinance and not as a continuing
offence ·
SECT I0N 11. VALIDITY.
Should any section, part or provision of this Ordiummoe be held
unconstitu~ional or invalid, such decision shall no~ affec~ the validity of
this Ordinance as a hole or any part thereof, other than the par~ so held
unoonstitu~tonal or invalid.
SECTION 12. AMENI~ENTS AND ALTERATIONS.
Amendments, alterations and changes may be made in the Use Districts
prescribed by this Ordinance from time to time, as expanding growth or
congestion in any district may require such changing.
SECTION 1S. CONFLICTING ORDINANCES REPEALED.
Ail existing Ordinances or parts of Ordinances conflicting herewith
are hereby repealed.
-16-
~I~I~oi~q hrte ~e:~eqmoo 'to ,'~i~9~ '~o bxi~og ~ ,~ ee~ ~ ~.i ~i~ ~e~
,~e~a~ sdee~o~q '~o mo~ aleeqqa ~d~ e~t~pe~ b~ ,noi~foae~ ~d
~a o~ be~eae~q ~s~i~ ed uo~oeqa~ ~nii',lt~ '~li~' lo ~l~oi~o~ ~o a:~nilzu
,Ilnda f~o~'oo edi' .iZu~o V~U efl~ o~ a~oi~bne~co~ e~i~qo~qq~ e~
.-~iup~ 3o b~o~ ~d~ H~tw se~iA/~o d'ae~o~(I e~ es~o ~i iI~oC'
· ~one~o
SECTION,,14_. DATE OF EFFECT.
This Ordi~a~oe 8hall take effect and be in force from and ai%er
its paseage by the City Council and publication as required by the Char~er
of ~he City of Delray Beach, Florida.
PASSED by the City Council. of the City of Delray Beach, Florida,
in re~'~l~.r sessio~a sitt~.n§, this 16th day of l~roh, 1938.
'i~V3~6e President of the Cou~ncil
AT TEST:
PASSED on second aad final reading, this llth day of April,
A.D. 1938.
ATTgST:
City Clerk [ ~-' -
EXAMIKED AND API:5/0VED this //(8 ~ day of May, A.D. 19S8.
', · ~~
STATE OF FLORIDA
COUNTY OF PALM BEACH
CITY OF DELRAY BEACH
I, RUTH R. SMITH, City Clerk of the City of Delray
Beach, Florida, do hereby certify that the attached and
foregoing is the original copy of Zoning Ordinance No.
216, passed and adopted by the City Council of the City
of Delray Beach on March 16th, 1938.
WITNESS mY hand and the official seal of said City
this 29th day of May, A. D., 1951.
' ' 'Cit~ Clerk