06-25-73 JUNE 25~ 1973.
A regular meeting of the City Council of the City of Delray
Beach, Florida, was held in the Council Chambers at 7:30 P.M. on
Monday, June 25, 1973, with Mayor James H. Scheifley presiding,
City Manager J. Eldon Mariott, City Attorney G. Robert Fellows, and
Council members Grace S. Krivos, J. L. Saunders, Leon M. Weekes and
O. F. Youngblood present.
1. The Lord's Prayer was recited in unison.
2. The Pledge of Allegiance to the Flag of the United States
of America was given.
3. The minutes of the regular meeting of June 11', 1973 were
unanimously approved on motion by Mrs. Krivos and seconded by Mr.
Saunders.
4.a. Mayor Scheifley read a Proclamation proclaiming July 1
through July 8, 1973 as National Safe Boating Week in Delray Beach.
The Proclamation was presented to Flotilla Commander William R.
Zakarisen.
5.a. Mr. J. Watson Dunbar spoke from the floor concerning letters
from residents of the Summit and Barr Terrace protesting the docking
of a 90 foot, 150 passenger' pleasure boat at the City Park. Mr.
Dunbar said strenuous objections were based on the anticipated noise,
commotion, parking and other legitimate reasons. Mayor Scheifley
acknowledged receipt of the letters and informed Mr. Dunbar the
dockage of the pleasure boat was under consideration and no decision
has been made. The City Manager will distribute copies of the
letters to Council members for information.
5.b. Mr. Joe Cardin, Southway Development Company, Delray Beach,
spoke as a representative of Southway Development Company concerning
the problem being'encountered in relocating the displacees due to
the proposed 1-95 right-of-way. Mr. Cardin offered to build low-
income houses to relocate the owners and renters in the 1-95 right-
of-way property. He stated his problem was in locating property on
which to build the homes. Mayor Scheifley and the City Manager both
suggested that he contact Dr. Warren Nubern and Mrs. Phyllis Plume
of the Delray Beach Housing Authority and Mr. McCarter of the
Department of Transportation. It was ascertained there would be no
problem with the sewer moratorium since the new housing would simply
be replacing existing housing and would not increase the volume
entering the sewer system.
5.c. Rev. Semmie Taylor spoke concerning the status of the Delray
Beach Country Club golf course. He questioned Council about the
possibility of the City purchasing the golf course. Mayor Scheifley
stated an offer has been made for the golf course by a private party
and informed the public that when the municipal course was sold
approximately fifteen years ago, a stipulation was included in the
contract which would offer the City first option to purchase 18 holes
of the 27 hole golf course. Mayor Scheifley stated the City now has
thirty days in which to consider the purchase of 138 acres of the 222
acres for 3.6 million dollars. Rev. Taylor stated the golf course
is a definite asset to the City and should be purchased and maintained
as an open municipal course. He suggested several methods in which
the. course could serve the public and earn the necessary funds to
maintain the course. Discussion was held concerning the source of
the funds to purchase the course and whether or not the public
would support the purchase and the course itself. It was Rev. Taylor's
opinion that if the purchase of the course were presented properly,
the public would support the purchase of it through a referendum.
6.a. The City Manager reported that the Science Museum and Plane-
tarium located in Palm Beach County requested the County Commission
to make funds available to them through the upcoming budget for
part payment of operating expenses. They also asked the Palm Beach
County Municipal League to recommend favorably that these funds be
granted. The Science Museum and Planetarium requested Delray Beach
to go on record recommending this appropriation. Mr. Weekes stated
he would like to see the County Commission assist in the funding of
the Science Museum and Planetarium since it is a county-wide function
and benefits all residents. Mr. Weekes moved that Council recommend
the County assist in funding the Science Museum and P'lanetarium.
Mr. Saunders seconded the motion which passed unanimously.
6.b. City Manager Mariott recommended that the City Employees'
Credit Union's request be authorized by Council which would entail
the following: Provide office space in the North Water plant; pro-
vide the use of a bookkeeping machine no longer used by the City;
provide continued use of the safe in City Hall during business hours
only; and provide use of the City's duplicating equipment and postage
machine at no cost to the Credit Union from July 1, 1973 through the
end of the City's 1973-74 fiscal year, ending September 30, 1974.
Mr. Saunders moved the request of the City's Credit Union as outlined
by the City Manager be granted, seconded by Mr. Youngblood. The
motion passed unanimously.
7.a. Mayor Scheifley acknowledged receipt of the minutes of the
Beautification Committee for the meeting held on June 6, 1973.
8.a. The City Manager presented Ordinance No. 11-73.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY.BEACH, FLORIDA, AMENDING CHAPTER 4 "ALCOHOLIC
BEVERAGES" OF THE CODE OF THE CITY OF DELRAY BEACH,
FLORIDA; REPEALING THE ENTIRE CHAPTER 4; ADOPTING
A NEW CHAPTER 4 "ALCOHOLIC BEVERAGES"; REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HERE-
WITH; PROVIDING A SAVING CLAUSE; PROVIDING A PENALTY
CLAUSE.
(Copy of Ordinance No. 11-73 is attached to the official copy
of these minutes.)
A public hearing was held, having been legally advertised in
compliance with the laws of the State of Florida and the Charter of
the City of Delray Beach, and there being no objections to Ordinance
No. 11-73, said Ordinance was unanimously passed and adopted on
second and final reading on motion by Mr. 'Youngblood and seconded by
Mr. Weekes.
Mr. Danny Gibson, 1125 Vista Del Mar, Delray Beach, requested
a co~y of the Ordinance which was provided him.
-2-
6-25-73
8.b. The City Manager presented Ordinance No. 12-73.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 17-28
"STATE FELONIES ~ MISDEMEANORS" OF CHAPTER
17 "OFFENSES" OF THE CITY'S CODE OF ORDINANCES;
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES
IN CONFLICT HEREWITH; PROVIDING A SAVING CLAUSE;
PROVIDING A PENALTY CLAUSE.
(Copy of Ordinance No. 12-73 is attached to the official copy
of these minutes.)
A public hearing was held, having been legally advertised in
compliance with the laws of the State of Florida and the Charter of
the City of Delray Beach, and there being no objections to Ordinance
No. 12-73, said Ordinance was unanimously passed and 'adopted on
second and final reading on motion by Mrs. Krivos and seconded by
Mr. Saunders.
8.c. The City Manager presented Ordinance No. 13-73.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, REPEALING CHAPTER 3A "AIR
CONDITIONING & REFRIGERATION" AND ADOPTING BY
REFERENCE THE SOUTHERN STANDARD MECHANICAL CODE
(1973 EDITION), AS AMENDED, ESTABLISHING FEES
TO BE CODIFIED IN CHAPTER 9 "BUILDING CODE" OF
THE CODE OF ORDINANCES OF THE CITY OF DELRAY
BEACH, FLORIDA, REPEALING ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH; PRO-
VIDING A SAVING CLAUSE; PROVIDING A PENALTY CLAUSE.
(Copy of Ordinance No. 13-73 is attached to the official copy
of these minutes.)
The City Manager stated this Ordinance had been put together
over a period of several months by the staff of the Administration
and five members of the Informal Air Conditioning and Refrigeration
Board of the City of Delray Beach. He stated passage of this Ordi-
nance would repeal Chapter 3A "Air Conditioning and Refrigeration"
and would adopt the Southern Standard Mechanical Code. This code
would ensure a higher standard of safety in the installation of air
conditioning and refrigeration.
A public hearing was held, having been legally advertised in
compliance with the laws of the State of Florida and the Charter of
the City of Delray Beach, and there being no objections to Ordinance
No. 13-73, said Ordinance was unanimously passed and adopted on
second and final reading on motion by Mr. Saunders and seconded by
Mr. Weekes.
8.d. The City Manager presented Ordinance No. 14-73.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF
DELRAY BEACH CERTAIN LAND, NAMELY LOT 61, I_'~E
SHORE ESTATES, WHICH LAND IS CONTIGUOUS TO EXISTING
MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUND-
ARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING
FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND
PROVIDING FOR THE ZONING THEREOF.
-3-
6-25-73
(Copy of Ordinance No. 14-73 is attached to the official copy
of these minutes.)
A public hearing was held, having been legally advertised in
compliance with the laws of the State of Florida and the Charter of
the City of Delray Beach, and there being no objections to Ordinance
No. 14-73, said Ordinance was unanimously passed and adopted on
second and final reading on motion by Mrs. Krivos and seconded by
Mr. Youngblood.
8.e. The City Manager presented Ordinance No. 15-73.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF
DELRAY BEACH CERTAIN LANDS LYING IN THE SOUTHWEST
QUARTER OF SECTION 12, TOWNSHIP 46 SOUTH, RANGE
42 EAST, WHICH LANDS ARE CONTIGUOUS TO EX~STING
MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE
BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND;
PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF
SAID LAND; AND PROVIDING FOR THE ZONING THEREOF.
(Copy of Ordinance No. 15-73 is attached to the official copy
of these minutes.)
The City Manager explained this was the Irving Sussman property
that had been discussed on a number of prior occasions. A drawing of
the property was projected 'on the screen showing both parcels involved.
The applicant has entered into a Unity of Title agreement and has
obtained the approval of~ the Lake Worth Drainage District. The City
Manager stated Ordinance No. 15-73 annexed Parcel No. 2 and Ordinance
No. 16-73 annexed Parcel No. 1 to the south.
A public hearing was held, having been legally advertised in
compliance with the laws of the State of Florida and the Charter of
the City of Delray Beach, and there being no objections to Ordinance
No. 15-73, said Ordinance was unanimously passed and adopted on
seconded and final reading on motion by Mr. Saunders and seconded by
Mr. Youngblood.
8.f. The City Manager presented Ordinance No. 16-73.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF
DELRAY BEACH CERTAIN LANDS LYING IN THE NORTHWEST
QUARTER OF SECTION 13, TOWNSHIP 46 SOUTH, RANGE
42 EAST, WHICH LANDS ARE CONTIGUOUS TO EXISTING
MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE
BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND;
PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID
LAND; AND PROVIDING FOR THE ZONING THEREOF.
(Copy of Ordinance No. 16-73 is attached to the official copy
of these minutes.)
A public hearing was held, having been legally advertised in
compliance with the laws of the State of Florida and the Charter of
the City of Delray Beach, and there being no objections to Ordinance
No. 16-73, said Ordinance was unanimously passed and adopted on
second and final reading on motion by Mrs. Krivos and seconded by
Mr. Youngblood.
-4-
6-25-73
8.g.. The City Manager presented Ordinance No. 17-73.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SUBSECTION 29-5,
CHAPTER 29 "ZONING" OF THE CITY'S CODE OF ORDI-
NANCES PERTAINING TO BUILDING HEIGHTS AND SETBACKS
IN THE RM-15 ZONING DISTRICT.
(Copy of Ordinance No. 17-73 is attached to the official copy
of these minutes.)
The City Manager explained this Ordinance establishes a
definite maximum height of five residential floors with a total maxi-
mum of seven floors in RM-15 zoning. The Ordinance also provides
setbacks in the same zoning.
A public hearing was held, having been legally advertised in
compliance with the laws of the State of Florida and the Charter of
the City of Delray Beach, and there being no objections to Ordinance
No. 17-73, said Ordinance was unanimously passed and adopted on
second and final reading on motion by Mr. Youngblood and seconded by
Mr. Weekes.
8.h. The City Manager presented Ordinance No. 18-73.
AN ORDINANCE RELATING TO ZONING; AMENDING CHAPTER
29 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY
OF DELRAY BEACH BY CREATING AND ESTABLISHING A
NEW USE DISTRICT TO BE KNOWN AS "RM-6 - MULTIPLE
FAMILY DWELLING DISTRICT" AND PRESCRIBING THE
USES PERMITTED THEREIN.
City Manager Mariott stated the Council and Planning and Zoning
Board had discussed the need for a new zone - RM-6 - Multiple Family
Dwelling District. Mr. Youngblood stated this Ordinance had been
thoroughly discussed previously and moved passage on first reading.
The motion was seconded by Mr. Saunders. Mr. Weekes questioned Mr.
Fellows on the proposed changing of the wording in the Ordinance con-
cerning "Doctors Offices" as a result of the workshop meeting. He
asked if clarification of the term had been included in the Ordinance.
Mr. Fellows replied, after investigation, it was discovered the term
"Doctors Offices" was used in several of the other zoning districts
and therefore required no Specific clarification in this particular
Ordinance. Mr. Fellows stated he intended to incorporate definitions
of this term and others that require similar clarification into one
ordinance which would amend a section of the Zoning Ordinance.
Discussion ensued concerning the area of permitted uses in this clas-
sification. Ordinance No. 18-73 was unanimously placed on first
reading.
8.i. The City Manager presented Ordinance No. 19-73.
AN ORDINANCE OF ~TE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 17-20
"LOUD AND UNNECESSARY NOISES -- ACTS DECLARED
LOUD AND UNNECESSARY" OF CHAPTER 17 "OFFENSES"
OF THE CITY'S CODE OF ORDINANCES; REPEALINC~ ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING A SAVING CLAUSE; PROVIDING
A PENALTY CLAUSE.
-5-
6-25-73
City Manager Mariott stated this Ordinance has been discussed
on several occasions and is designed primarily for better control of
noise in the City. Mayor Scheifley inquired if the requested amend-
ments as a result of the workshop discussion had been incorporated
into the Ordinance. Mr. Fellows replied in the affirmative. Ordi-
nance No. 19-73 was unanimously placed on first reading on motion by
Mrs. Krivos and seconded by Mr. Youngblood.
Mr. Tom Ingersoll, 5 Salina Avenue, Delray Beach, spoke from
the floor concerning speaking with the City's judges about the methods
of enforcement of the Ordinance. Mr. Fellows replied he had not con-
tacted the judges since he did not feel any judge should offer an
opinion before a case had been presented. The Council agreed with
this action.
Mr. Danny Gibson, 1125 Vista Del .Mar, Delray Beach, requested
a copy of the Ordinance which was provided him.
8.j. The City Manager presented Ordinance No. 20-73.
AN ORDINANCE OF THE CITY OF DELRAY BEACH,~
FLORIDA, AMENDING SECTION 15A-1 OF THE CODE
OF ORDINANCES OF THE CITY OF DELRA¥ BEACH BY
ADOPTING THE 1973 EDITION OF THE SOUTHERN
STANDARD HOUSING CODE.
City Manager Mariott stated this Ordinance simply updates the
City's Housing Code. At present, Delray Beach operates under the
Southern Standard Housing Code, 1969 Edition. The Ordinance adopts
the 1973 Edition. Mr. Weekes asked why the City uses the Southern
Standard Housing Code as opposed to the South Florida Building Code.
The City Manager replied that the Southern Standard Housing Code has
been used by the City for many years and stated it was his personal
opinion that this code is superior in that it covers a larger region
and provides a great deal more talent and technical knowledge in
keeping the Code current than the South Florida Building Code. Mr.
Saunders moved that Ordinance No. 20-73 be placed on first reading.
Mr. Youngblood seconded the motion. Mr. Joe Cardin spoke from the
floor stating that from his experience as an insurance adjuster, he
had found that the Southern Standard Building Code provided greater
safety in construction. Ordinance No. 20-73 was unanimously placed
on first reading.
10.a. The following Bills for Approval were unanimously approved
for payment on motion by Mr. Saunders and seconded by Mr. Youngblood.
General Fund .............. $192,823.78
Water and Sewer Fund .......... 19,905.23
Cigarette Tax Fund ........... 94,200.00
Citizens Contribution Fund ....... 182.45
Improvement Trust Fund ......... 281,784.32
Lowson Blvd. W&S Project Fund ..... 340.59
10.b.1. The City Manager reported to Council as follows:
"You will recall at the last workshop meeting General Revenue
Sharing and Special Revenue St~ring were discussed. Decision was
deferred on selection of the General Revenue Sharing items pending
the outcome of what we might learn in the seminar to be held in
Tallahassee late this month with regard to the Special Revenue Sharing
Act which is to be blanketed in under a new Federal law known as the
-6-
6-25-73
120
Better Communities Act which, according to my understanding, has not
yet had final passage in the U.S. Congress. In planning to go to
Tallahassee, as I normally do, I lined up a few other chores to do
while in Tallahassee, and I guess it's just as well I did because I
received notice a few days. ago that the Special Revenue Sharing
Seminar has been cancelled - has been deferred to a later date due to
not enough pre-registrations, so more on that later and I am attempting
to find out all we can with regard to the Special Revenue Sharing Act
so that we can be guided accordingly with regard to allocation of
funds under the General Revenue Sharing Act. The main reason I bring
it up at this time has to do with the Good Faith law that affects the
hook-up of sewers and we have had many inquiries with regard to how
the Good Faith law might affect the City of Delray Beach. As of now,
of course, we do not know. It so happens the Mayor and I attended a
meeting recently in which Peter Baljet, the Executive Director of
the Pollution Control Department, was the guest speaker. I had
occasion to have a few words with him, both before and after the
meeting with regard to the Good Faith bill and he made some sugges-
tions to me with regard to the line of pursuit and I have set up
conversations to' be had with the Pollution Control Department in
Tailahassee with regard to this question as it now looks like it is
definitely going to beceme law either with or without the Governor's
signature. I think practically no one knows at the present time
just what the procedure will be that will need to be followed by
places that will try to come under the law or try to be given some
bro~aie points for good faith acts up to the present time, so it is
my though~that in Tal!ahassee that I will attempt to gather all the
information I can in %hat regard and then in workshop meeting with
Council, I will let you know what I've found out and Council can
determine whether to put forth the effort, whatever it is, to have a
change made in the present capability of Deiray Beach with the
granting of sewer hook-ups.
As I said before, we have received many inquiries, especially
my office and the Building Inspection Office, with regard to the Good
Faith bill. Many people having read just a little about it in the
press, I think, are reading a lot more into it than the law is actually
worth at this point and maybe more than it will ever be worth - I'm
not real sure. But I mention it now and I hope some of the news-
papers will carry the story that we certainly are looking into it at
the earliest available moment in Tallahassee to determine how it might
be applicable to Delray Beach, if at all. And another thing that I
intend to do there, too, in line with prior conversations the last
time Mr. Klinck and I were at the DPC Department - now that we have -
I have a communication that is about two days old that is from Russell
and Axon with regard to their recommendations as to improvements that
they feel can be built out of the proceeds of the $5,000,000 bond
issue that we now have without standing a chance to jeopardize future
Federal funding - that is, to build certain projects that it looks
like there is no chance of getting Federal funds for - such as sewers
in Area 13, in Tropic Isle and a few other improvements. I'm going
to have a conversation with DPC with regard to this matter as a
double check so we can try to make sure that we don't commit ourselves
to large expenditures at this time that maybe a year from now would
be eligible for Federal funding."
Mayor Scheifley added information to this subject by stating
Mr. Baljet had told him he was very pessimistic about the release of
Federal funds for the Delray Beach sewage treatment plant, indicating
it would be much longer than a year before the City could anticipate
receiving such funds.
-7-
6-25-73
121
10.b.2. Mayor Scheifley announced that the north end of the beach
has been completed and at 7:15 P.M., Monday, June 25, the pumps
were opened going southward.
10.b.3. Mr. Youngblood thanked the City Council and all persons in
the Recreation Department for helping .to make the Sickle Cell Anemia
testing program a success.
The meeting was adjourned at 8:35 P.M.
City Clerk/
APPROVED:
II II I II I III IIII I
12lA
ORDINANCE NO. 11-73.
AN ORDINANCE Oi~ THE CITY COUNCIL OF TIIE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CIIAPTER 4
"ALCOHOLIC BEVERAGES" OF TtIE CODE OF TIlE CITY
OF DELIIAY BEACtI, FLOF~IDA; REPEALING TIIE ENTIRE
CIIAPTER 4; ADOPTING A NEW CHAPTER 4 "ALCOIIOLIC
BEVERAGES"; REPEALING ALL ORDINANCES OR PARTS
OF ORDINANCES IN CONFLICT HERE%VITH; PROVIDING A
SAVING CLAUSE; PROVIDING A PENALTY CLAUSE.
WHEREAS, the Planning & Zoning Board has recommended changes in
Chaplet 4 "Alcoholic Beverages" of the Ccde of Ordinances, and
WHEREAS, the City Administration concurs with the Planning & Zoning
Board recommendations and recommends further changes, and
WHEREAS, the City Council of the City of Delray Beach, Florida has
determined that changes should be made,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF DELRAY BEACtt, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 4 "Alcoholic Beverages" as amended through
the first date of the reading of this ordinance is hereby repealed.
Section 2. That the following Chapter 4 "Alcoholic Beverages" is
hereby adopted as shall be so codified:
Chapter 4 Alcoholic Beverages
Sec. 4-1 Definitions. The definitions as set forth in F.S. 561.01
· (1972) are hereby adopted by reference.
Sec. 4-2. Hours of sale; consumption and delivery when sales
· prohibited.
Il shall be unlawful for any person to sell, serve, consume or deliver
or permit to be sold, consumed, served or delivered any alcoholic beverage
containing over one per cent of alcohol by weight, in the city during the
following hours:
From 4:00 a.m. to 12:01 p.m. on Sundays, and 4:00 a.m. to 7:00 a.m.
on Mondays through Saturdays.
Sec. 4-3. Sale within specified distance of church or school prohibited;
exemption; determination of distance.
1. No alcoholic beverages shall be sold within the corporate limits of
the city, at any place of business, location or establishment within three
12lB
hundred (300) fect of any established school or church; provided, however,
that the above and foregoing shall not apply to any duly licensed grocery
store selling wines or beers in packages, and for consumption off the
pr emis es.
The distance of three hundred (300) feet shall be measured as follows:
(a) Pertaining to established schools: Three hundred (300) feet from
the nearest point of the building of the place of business, location, or
establishment to the nearest point of the school grounds in use as part of
the school facilities.
(b) Pertaining to established churches: Three hundred (300) feet from
the nearest poinl of the-building of the place of business, location or
establishment, to the nearest point of the church building or buildings.
(c) The distance of three hundred (300) feet shall be measured by a
: straight line.
Sec. 4-4. Areas and Locations where sales are permitted, subject to
Sec. 4-3 above.
(a) Alcoholic Beverages for consumption on ihe premises may be s61d
in any commercially zoned district and in chartered private non-profit clubs
or golf course club houses except that not more than one vendor of malt
· beverages containing alcohol of more than one (1) percent by weight for
~ consumption on the premises or one vendor of beverages containing alcohol
of more than one (1) percent by weight and not more than fourteen (14) percent
by weight and wines regardless of alcoholic content for consumption on the
premises shall be licensed within any one block fronting on a street nor in
the block immediately across the street, providing, however, this section
shall not apply to any business now operating or tO the assigns or grantees
of any person now operating at existing locations.
(b) Alcoholic Beverages for consumption off the premises may be
sold in commercially zoned districts only.
Sec. 4-5. Permitting intoxicated person to loite~ about premises.
It shall be unlawful for any intoxicated person to loiter in and about the
licensed premises used or occupied by any licensee herein, and it shall be
121C
the duty of the operator of the licensed prcmises to remove such intoxicated
persons from the premises.
Sec. 4-6. No alcoholic beverages shall be consumed on the sidewalks,
or on the public beach, or in public parks, or in motor vehicles or trailers or
in any manner which is visible from a public street unless such consumption
is to the rear of the building setback line on which a building exists.
Section 3. Whosoever shall violate the provisions of this Chapter,
upon conviction therefor, shall be punished as provided in Sec. 1-6.
Section 4. That all ordinances or parts of ordinances in conflict
herewith be and the same are hereby repealed.
Section 5. That should any section or provision of this ordinance or
any portion thereof, any paragraph, sentence or word be declared by a court
of competent jurisdiction to be invalid, such decision shall not affect the
validity of the remainder hereof as a whole or part thereof other than the
~.. ~ part declared to b e invalid.
PASSED Al~qDwu=~^~m~ in regular session on the seco~.~ and
final reading on the day of , 1973.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
Ord. No. 11-73.
121D
ORDINANCE NO. 12-73.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAYBEACtI, FLORIDA, AMENDING SECTION 17-28
"STATE FELONIES AND MISDEMEANOIgS" OF CtlAPTER
17 "OFFEN~t~b OF THE CITY'S CODE OF ORDINANCES;
REPEALING ALL ORDINANCES O1% PARTS OF ORDINANCES
IN CON-FLICT IIEREWITH; PROVIDING A SAVING CLAUSE;
PROVIDING A PENALTY CLAUSE.
WHEREAS, the City Administration has recommended that Subsection
17-28 be updated to include the laws of 1972 of the State of Florida, and
WHEREAS, the City Council of the City of Delray Beach, Florida has
determined thai such changes should be made,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COLrNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Code of the City of Delray Beach, Florida be
amended by amending Section 17-28 "Slate felonies and misdemeanors" to
read as follows:
"Sec. 17-28 State felonies and misdemeanors
a. It shall be unlawful to commit, within the cily, any act
which is or shall be recognized by the laws of lhe state as a misdemeanor,
including all legislative acts adopted %hrough and including the 1972 session
of the Florida Legislature, and the commission of such acts is hereby
forbid den.
b. It shall be unlawful to commit, within the city, any act
which is or shall be recognized by lhe laws of the state as a felony, including
all legislative acts adopted lhrough and including the 1972 session of the
~ Florida Legislature, and the commission of such acts is hereby forbidden.
c. Whosoever shall violate the provisions of this section,
upon conviction thereof, shall be punished by the same penalty as is therefor
provided by the laws of the state, but in no case shall such penalty exceed a
fine of five hundred dollars, nor an imprisonment for more than ninety days
: in the municipal jail, or both such fine and imprisonment, in the discretion
uf the municipal judge."
Section 2. Thai all ordinances or parts of ordinances in conflict
herewiti] be and the same are hereby repealed.
~ ' I! I I III I I III I I I I II I I__ I~
121E
Section 3. That should any section or provision of this ordinance or
any portion thereof, any paragraph, sentence or word be declared by a court
of competent jurisdiction to be invalid, such decision shall not affect the
validity of the remainder hereof as a whole or part thereof other than the
part declared to be invalid.
PASSED AND kDOPTED in regular session on the second and
final reading on the 25th day of June , 1973.
~ M A Y O R
ATTEST:
City Clerk ,,,
First Reading i:~i4~ 2 5 ~73
Second Reading June 25, 1973
121F
Oi~I)INANCE NO. 13-73.
AN O[ll)iN,.\NCE O]? Ti~E CiTY t. OUz,CI], OI? TI{E CITY OF
"~1% CONDITI(~NING' i~.~ 1.~ Jut';'' I,l,_, Ef[ATION" ?' A~<D ADOP"I lNG'
BYIfI]I,' ' '],;¢[C'~ T
" A,. AM.I~NDED E~ P:~_bLISI~ING FEES
CODE (!97,., El)ri'ION), , S , 'S' ......
TO BI,; COD]][,'IED IN C,IA} I ]..,1~ 9 "BUII~DING CODE" OF 'File
CODE OF "' "¥ " '
OI~I)Iz,ANCICS OF 'rlfe CITY OF DI,]L~AY BEACH,
f,I.,O~I. IDA, 1,l~l AALL,,G ALL OI[~I)INANCES OI~ P;M~TS OF
Oi~DINANCES IN CONFLICT I{EftEWITtt; PROVIDING A
SAVING CLAUSe, PROVIDING A PENALTY CLAUSE.
W}tEt~EA.S, the I~ormal Air Conditioning Board has recommended the
adoption of the Southern Standard Mechanical Code, 1973 Edition, with a
different fee schedule and the repeal of Chapter 3A "~r Conditioning &
R . . .. II
e~r~geraz~on , and
WHEREAS, the City Admixistration has approved such recommendation
and has on file in the office of ~he City Clerk three copies of the Southern
Standard Mechanical Code, 1973.Edition, and
WHEREz~S, %he City Council of Delray Beach, Florida has determined
that such changes be made,
NOW, THEEEFORE, BE IT O[%D~INED BY THE CITY CO~CIL OF
THE CITY OF DELi,~-~Y B~a~'~-~ FLORIDA, ;~ FOLLOkVS:
Section 1. That Chapter 3A "~r Conditioning & Refrigeration : ..
~ended, of the Code of Ordinances of the City of Delray Beach, Florida is
hereby repe~ed.
Section 2. That Chapter 9 Bmlding C~e", as amended, of the Code
. of ~dinances of the City of Delray Beach, Florida, is hereby further
~ended by adding the fol!owin~ section:
9.2. Southern Standard Mecha~cal Code adopted by reference
(a) The 1973 edition of the Southern Standard Mechanical C~e is
hereby adopted as the Mechanical C~e for the City of Delray Beach except
for Section 10G.3 - Schedule of Permit Fees.
(b) The schedule of fees ~o be changed under the Southern Siandard
Mechanical Cod e is as follows:
(1) Issuing cdc,~ permit $5.00.
(2) Fees shallbe $5.00 for each $1,000 of valuation or portion
thereof of t~e work robe done new, repairs or alteralions.
121G
(3) Fees for all inspections and reinspections shall be $8.00.
Section 3. That any person who violates the provisions of Section 2
above shall upon conviction be punished as provided in Sec. 1-6 of the Code
of Ordinances of Delray Beach.
Section 4. Thai all ordinances or parts of ordinances in conflict
herewith be and the same are hereby repealed.
Section 5. That should any section or provision of this ordinance or
any portion thereof, any paragraph, sentence or word be declared by a court
of competent jurisdiction to be invalid, such decision shall not affect the
i'validity of the remainder hereof as a whole or part thereof other than the
part declared to be invalid.
Seclion 6. Specific authority is hereby granted to codify this
ordinance.
PASSED AND ADOPTED in regular session on the second and
final reading on the day of , 1973.
ATTEST:
City Clerk
First Reading
Second Reading
121H ORDII~LI.~CE NO. 14-73.
AN ORDII[Ai.[CE OF TIlE CI[[~f COUNCIL OF TIlE CITY OF DELP, AY
BEACIt, FLORIDA, A~i';EXII';G TO TIlE CITI~ OF DELRAY BEACII
CERTAIN I~A~qD, NA~.iELY LOT 61, LAKE SHORE ESTATES, WIIICH
LANqD IS CONTIGUOUS TO EXISTII~G ~'IUNICIPAL LI2'IITS OF SAID
CI'I~f; F. EDEFINi?[G TIIE BOLr~'IDARIES OF SAID CITY TO INCLUDE
SAID I~AbqD; PROVIDING FOR TIIE RIGtITS ?~D OBLIGATIONS OF
SAID I~Al~qD; Ak~D PROVIDING FOR 5lie ZONING R]IEREOF.
WHER~LAS, JOVAN E. MILLER and ~!ARCIA MILLER, his wife, are the fee
simple ovmers of the property hereinafter described; and
WItERF~AS, JOHN E. MILLER and MJtRCIA MILLER, his wife, by their
petition, have consented and given pezuuission for the annexation of said
property by the City of Delray Beach; and
WHEREAS, the City of Delray Beach has heretofore been authorized
to annex lands in accordance with Section 185.1 of the City Charter of
said City granted to it by the State o£ Florida;
NOW, THEREFORE, BE IT ORDAII~ED BY ~E CITY_ COIDJCIL OF THE CIT£
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That the City Council of the City of Delray Beach,
Palm Beach County, Florida, hereby annexes to said City the following
described tract of land located in Palm Beach County, Florida, which
lies contigucus to said City, to-wit:
Lot 61, LAKE SHORE ESTATES, a subdivision in Palm
. Beach County, Florida, accord'lng to the Plat thereof
- recorded in Plat Book 25, Page 26, Public Records
of Palm Beach County, Florida.
SECTION 2. That the boundaries of the City of De!ray Beach,
Florida, are hereby redefined so as to include therein the above de-
scribed tract of land and .said land is hereby declared to be within the
corporate limits of the City of Delray Beach, Florida.
SECTION 3. That the tract of land hereinabove described is
hereby declared to be in Zoning District R-1AA, as defined by existing
ordinances of the City of Delray Beach, Florida.
SECTION 4. That the land herein~bove described shall immediately
become subject to all of the franchises, privileges, iw~unities, debts,
obligations, liabilities, ordinances and laws to which lands in the
City of Delray Beach are now or may be subjected to and persons residing
thereon shall be deemed citizens of the City of Delray Beach.
SECTION 5. That if any word, phrase, clause, sentence or part of
this Ordinance shall be declared illegal by a Court of competent juris-
diction, such record of illegality shall in no w.ay affect the remaining
portion.
Placed on first reading in regular session on the llth day of
June, 1973. The above Ordinance is published in full, in
compliance with the laws of the State of Flori6~, and the City
Council will sit in the Council Chambers at the City Hall on
the 25th day of June,:1973, at 7:30 P.M., at Which time the
Ordinance will be read and all persons interested will be given
an opportunity to be heard.
Publish: CITY OF DELRA¥ BEACH
June 14, 1973. Hallie E. Yates
City Clerk
t II I I I I'11ll I I I I I ifil '111 [ I i ii
121I
ORDINANCE NO. 15-73.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH
CERTAIN LANDS LYING IN THE SOUTHWEST QUARTER OF SECTION
12, TOWNSHIP 46 SOUTH, RANGE 42 EAST, WHICH LANDS ARE
CONTIGUOUS TO EXISTING MUIJICIPAL LIMITS OF SAID CITY;
REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID
LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID
LAND; AND PROVIDING FOR THE ZONING THEREOF.
WHEREAS, IRVING SUSSMAN, Trustee, is the fee simple owner of the
lands hereinafter described; and
WHEREAS, JOHN H. ADAMS, duly authorized agent in behalf of Irving
Sussman, Trustee, has petitioned and given permission for the annexation
of said lands by the City of Delray Beach; and
WHEREAS, the City of Delray Beach has heretofore been authorized
to annex lands in accordance with Section 185.1 of the City Charter of
said City granted to it by the State of Florida; and
WHEREAS, the City Council has determined it to be in .the best
interest of the City to annex the said tracts of land, subject to RM-10
zon lng,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELP~AY BEACH, FLORIDA, AS FOLLOWS:
Section i. That the city Council of the City of Delray Beach,
Palm Beach County, Florida hereby annexes to said City the following
described tracts of land located in Palm Beach County, Florida, which
lie contiguous to said City, to-wit:
The Southwest Quarter (SW¼) of the Southwest Quarter
(SW¼) of Section 12, Township 46 South, Range 42
East, Palm Beach County, Florida, LESS rights-of-way
of record, SUBJECT to an easement over the East 20
feet thereof,
AND
The Southeast Quarter (SE¼) of the Southwest Quarter
(SW¼) of Section 12, Township 46 South, Range 42 East,
LESS the East 750 feet of the South Half (S~) of the
South Half (S½) thereof, Palm Beach County, Florida,
LESS rights-of-way of record, SUBJECT to an easement
over the West 20 feet thereof.
Section 2. That the boundaries of the City of Delray.Beach,
Florida, are hereby redefined so as to include therein the above de-
scribed tracts of land, and said lands are hereby declared to be within
the corporate limits of the City of Delray Beach, Florida.
Section 3. That the lands hereinabove describe~ are hereby
declared to be in Zoning District RM-10 as defined by existing ordi-
nances of the City of Delray Beach, Florida.
Section 4. That the lands hereinbefore described shall immediately
become subject to all of the franchises, privileges, immunities, debts,
121J
obligations, liabilities, ordinances and laws to which lands in the
City of Delray Beach are now or may be, and persons residing thereon
shall be deemed citizens of the City of Delray Beach.
Section 5. That if any word, phrase, clause, sentence or part
of this Ordinance shall be declared illegal by a Court of competent
· jurisdiction, such record of illegality shall in no way affect the
remaining portion.
PASSED AND ADOPTED in regular session on the second and final
reading on the day of , 1973.
MAYOR
ATTEST:
City Clerk
First Reading.
Second Reading.
Ord. No. 15-73
121K
ORDINANCE NO. 16-73.
AN ORDIR~%NCE OF THE CITY COUNCIL OF Tt~E CITY OF DELRAY
BEACH, FLORIDA, ANlrEXING TO THE CITY OF DELRAY BEACH
CERTAIN LANDS LYING IN THE .NORTHWEST QUARTER OF SECTION
13, TOWNSHIP 46 SOUTH, RANGE 42 EAST, WHICH LANDS ARE
CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY;
REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID
LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID
LAND; AND PROVIDING FOR THE ZONING THEREOF.
WHEREAS, IRVING SUSS~ZAN, Trustee, is the fee simple owner of the
lands hereinafter described; and
B!HEREAS, JOHN H. ADAMS, duly authorized agent in behalf of Irving
Sussman, Trustee, has petitioned and given permission for the annexation
of said lm~ds by the City of Delray Beach; and
WHEREAS, the City of Delray has heretofore been authorized to
annex lands in accordance with Section 185.1 of the City Charter of
said City granted to it by the State of Florida; and
WHEREAS, the City Council has determined it to be in 'the best
interest of the City to annex the said tract of land, subject to R~i-10
zoning,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRA¥ BEACH, 'FLORIDA, AS FOLLOWS:
Section 1. That the City Council of the City of Delray Beach,
Palm Beach County, Florida, hereby annexes to said City the following
described tract of land located in Palm Beach County, Florida which
lies contiguous to said City, to-wit:
The Northwest Quarter of the Northwest Quarter LESS
the South 220 feet of the West 990 feet of the South
Half of the Northwest Quarter of the Northwest Quarter
and the West Half of the Northwest Quarter of the
Northeast Quarter of the Northwest Quarter, and the
Southwest Quarter of the Northeast Quarter of the
Northwest Quarter of Section 13, Township 46 South,
Range 42 East, LESS and excepting therefrom the
following describcd parcel, to-wit: Beginning at the
Northwest corner of Section 13, Township 46 South,
Range 42 East, thence Easterly along the North line
of Section 13, Township 46 South, Range 42 East, a
distance of 622 feet more or less; thence Southerly
at right angles to the preceding course a distance of
140 feet; thence Westerly on a line parallel to the
North line of Section 13, Township 46 South, Range 42
East, a distance of 622 feet; thence Northerly to the
point of beginning.
Section 2. That the boundaries of the City of Delray Beach,
Florida, are hereby redefined so as to include therein -'he above de-
scribed tract of land, and said land is hereby declared to be within
the corporate limits of the City of Delray Beach, Florida.
121L
Section 3. That the land hereinabove described is hereby declared
to be in Zoning District RM-10 as defined by existing ordinances of the
City of Delray Beach, Florida.
Section 4. That the land hereinbefore described shall immediately
become subject to all of the franchises, privileges, immunities, debts,
obligations, liabilities, ordinances and laws to which lands in the
City of Delray Beach are now or may be, and persons residing thereon
shall be deemed citizens of the City of Delray Beach.
Section 5 That if any word, phrase clause, sentence or part
of' this Ordinance shall be declared illegal by a court of competent
jurisdiction, such record of illegality shall in no way affect the
remaining portion.
PASSED AND ADOPTED in regular session on the second and final
reading on the day of , 1973.
MAYOR
ATTEST:
City Clerk
First Reading.
Second Reading.
Ord. No. 16-73.
121M
ORDINAI~CE NO. 17-73.
AN OFJD!~AL~CE OF TIrE CITY COU~?CIL OF TI~ CITY OF
DELF~AY NEAC!I, FLORIDA, A~.IEi,:qDIi~G SUBSECTIOn? 29-5,
CILAP'i~Et! 29 "ZONIi~,G'' OF T~E CITY'S CODE OF OF~DI-
NANCES PERTAINI1;G TO BUIIDING IrEIGIITS AND SETBACKS
IN 151E Pd.l-15 ZONING DISTRICT.
WHEREAS, the Planning and Zonin~ Board has recommended changes
in building heights and setbacks in the Pd,~-15 Zoning District; and
WHEREAS, the City Administration concurs in said recommendations;
and
WHEREAS, the City Council of the City of Delray Beach, Florida,
as dete~mined that such changes should be made,
I~0W, THEPJ~FO!LE, BE IT ORDAI!fED BY Ti~E CITY COU~CIL OF T5~ CITY
OF DELP2~¥ BEACH, FLORIDA, AS FOLLOWS:
SECT:feN !. That subsection 29-5 (E) (1) of Chapter 29 of the
Code of Ordinances be amended to read as follows:
Sec.' 29-5 (E) (1) Minimum Lot or Parcel of Land
.RM- 10 . RM-15 ·
First two (2) units 6,000 sq. ft. 8,000 sq. ft.
Each additional unit 4,600 sq. ft. 2,900 sq. ft.
Maximum floors 3 floors 5 residential
floors with a
maximum of 7~
floors overall
SECTI0~I 2. That subsection 29-5 (G) of Chapter 29 of the Cede
of.Ordinances be ~ended to read as follows:
Sec. 29-5 (G) Minimum Building Setbacks '
(1) R/'4-10. The following Shall be the minimum
~uilding setbacks, by total nu?aber of floors,
for all multiple family structures permitted
and described in the R_~I-10 Zoning District:
FLOORS 1-2 3
(a) Front 25 feet 25 feet
(b) Side (interior) 15 feet 25 feet
(c) Side (street) 25 feet 25 feet
(d) Rear 25 feet 25 feet
(2) RM-15. The following shall be the minimum
building setbacks, by residential floors,
for all multiple family structures permitted
and described in the ~I-15 Zoning District:
FLOORS 1' 2 3 4- 5 6- 7
(a) Front 25 feet 25 feet 30 feet 30 feet
(b) Side (interior) 15 feet 25 feet 25 feet 30 feet
(c) Side (street) 25 feet 25 feet 25 feet 30 feet
(d) Rear 25 feet 25 feet 25 feet 30 feet
121N ...
(3) Ail setbacks shall be measured from the street
right-of--way line, and where special setback
lines have been est~blished on any. street or
highway for street widening purposes, front
and street side yards shall be measured from
the special setback line on the property.
(4) Swimming pools in R/d-10 and P~l-15 may be
permitted in any yard provided that they comply
with Ordinance Sec. 17-28.1.~nd comply with
" the setback lines~
(5) Single family residences will be permitted to
observe the setbacks set forth for the R-lA
district.
SECY.!O~ 3. Ail ordin~_nces or parts of ordinances in conflict
herewith be and the s~ne are hereby repealed.
PASSED A!~ D~OPTED in regular session on the second and final
reading on this 25th day of June , 1973.
ATTE S T: ' ':
' ~ ' //11~,/~ /~ ' ~~ ~ '-/ ~/.:~,
City Clerk ~'
Firs% Reading. ~ .... : .,-
Second Reading June 25, 1973