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08-14-72 A regular meeting of the City Council of the City of Delray Beach, Florida, was l~eld in the Council Chambers at 7:30 P.~'I., with Mayor James H. Scheifley presiding, City Mans. ger J. Eldon Mariott, City Attorney G. Robert Fellows and Council Members Grace S. ~!artin, J. L. Saunders, Leon M. Weekes and O. F. Youngblood present. _l_m. The opening prayer was delivered by Reverend Robert Klemm of the Trinity Lutheran Church. 2__m. The Pledge of Allegiance to the Flag of the United States of America was then given. .3. The minutes of the regular meeting of July 24, 1972, and the special meeting of July 31, 1972, were unanimously approved on motion by Mrs. Martin, seconded by Mr. Saunders. 4.a. Mr. Weekes stated that the City of Delray Beach had recently started to serve the Delray Shores area with water and sewer services. He had been informed that the people who live in this area were told by Ecological Utilities, Inc., that their water meter deposits have been assigned and turned over to the City of Delray Beach. Mr. Weekes suggested that a letter of acknowledgment or receipt be sent to these people. Msyor Scheifley asked the City Manager to look into the matter and make sure that these people receive something in writing to acknowledge their deposit. 4.b. Mr. Youngblood reported that some time ago the City Council had requested the Police Department to look into the problem of children making a playground out of N. W. ~ Avenue between N. W. 2 Street and Atlantic Avenue. Mayor Scheifley asked the City Manager to investigate the problem. 4.c. Mayor Scheifley presented a Proclamation to Mrs. Phyllis Plume proclaiming August 26, 1972, WOMAN SUFFRAGE DAY in Delray Beach, Florida. 4.d. Mayor Scheifley informed Council that Mr. Weekes and he had recently attended a meeting of the Palm Beach County Municipal League in Palm Beach Shores. The Mayor was informed that the County will financially participate in the maintenance of the City's beach after it has been restored in the amount of $78,000.00 next year. 5. None. 6.a. The City Manager recommended that Council authorize the execution of an Agreement between the City end Southway Develop- ment Company for the extension of sanitary sewer service to several portions of Rosemont Park and Colonial Heights Subdivision, copy of said Agreement having been furnished to the City CouncJ. 1. He s~id that the Agreement provides for the develope]~- to advance to the City the entire construction cost of the installation of the sewer lines, same to be refunded accor0. J. ng to the formula as set forth in the Agreement, in accordance with standard City policy. Following a genera], discussion, Mr. Saunders moved to authorize execution of the Agreement, seconded by Mr. Youngblood, and unanimously carried. (Copy of said Agreement is attached to the official copy of these minutes. ) 6.b. The City Manager presented the following bids that were received for badly needed repairs to the Lowson Boulevard Bridge at the E-4 Canal: Bidder Bid One Man Engineering $ 7,300.00 Delray Beach, Florida V. P. Cleary Corp. of Florida $11,925.00 West Palm Beach, Florida The Murphy Construction Co. $13,397.00 West Palm Beach, Florida He recommended that Council award the contract to the low bidder, One Man Engineering, in the amount of $7,300.00, and that the money be taken from the General Fund Contingency Account. The City Manager stated that these repairs must be made as this is of an emergency nature and was caused by the deepening of this canal some time ago by the Lake Worth Drainage District, 'and which has resulted in sand washing out from under the pavement as one would approach the bridge. This could cause a serious cave-in. He explained the manner in which the repairs would be made. Mr. Saunders questioned as to whether or not the Lake Worth Drainage District had been contacted with respect to helping with the expenses of these repairs. The City Manager stated that he understood that the Drainage District had been contacted regarding this matter but that he would check into it before entering into the contract. Mr. Saunders moved that the award of contract for the repairs to the bridge be made as recommended by the City Manager, contingent upon investigation by the City Manager to seek participation by the Lake Worth Drainage District. This motion was seconded by Mr. Youngblood, and carried unanimously. 6.c. The City Manager presented the proposed budget for the 1972-1973 fiscal year to the Council, and then read excerpts from his budget message. August 16, 1972, 7:00 P.M., was scheduled as the first workshop meeting on the proposed budget, After receiving the City Attorney's legal opinion, Mr. Saunders made a motion, seconded by Mr. Youngblood, that the Council approve the acceptance of the proposed budget for consideration. Said motion was unanimously carried. 7.ao The City Manager reported that a communication had been received from the Community Chest Services requesting permission to solicit funds between February 7, 1973, and February 21, 1973, door-to-door and also by letters in November, 1972, and January, 1973, approval of same having been recommended by the Solicitations Committee. Mr. Youngblood made a motion, seconded by Mrs. Martin, and unanimously carried, that the request by the Community Chest Services to solicit funds on and within the above-mentioned dates be granted. -2- 8-14-72. 7.b. City Manager Mariott infor}~ed. Council that a communication had been received from the Standard Oil. Company requesting Council's approval for the installation of advertising' signs at 5 N. E. 6 Avenue and 301 East Atlantic Avenue, Delray Beach, Florida. informed Council of the exact locution of the proposed signs and recommended that the matter be referred to the Planning and Zoning Board. Mrs. Martin made a motion to that effect, seconded by Mr. Weekes, and unanimously carried. 7.c. The City Manager stated that the City Council had received a letter dated July 25, 1972, from Mr. Andrew M. Gent, which requested a leave of absence from the City Planning Board in order to avoid a conflict of interests between his service on that Board and his service as Acting Planning Director. Mr. Mariott recommended that Council grant the request of Mr. Gent for a leave of absence for an indefinite period of time from the City Planning Board. Mr. Saunders so moved, seconded by Mr. Youngblood, and unanimously carried. 7.d. The City Manager reported that a letter had been received from the District Supervisor of the Bureau of Blind Services which requested the issuance of a gratis business license for the 1972-- 1973 fiscal year so as to enable that organization to continue the operation of a snack bar at the South County Complex. A motion was duly made by Mr. Saunders, seconded by Mr. Weekes, and unanimously carried, to grant the request of the Bureau of Blind Services for a gratis business license for the fiscal year 1972-1973. 7.e. City Manager Mariott informed Council that Mr. William M. Plum, Jr., had requested permission to operate a real estate sales office in conjunction with a multiple family project located at 2000 South Ocean Boulevard. He recommended that the request be referred to the Planning and Zoning Board for study and recommenda- tion. Mr. Youngblood made a motion to that effect, seconded by Mrs. Martin, and unanimously passed. 7.f. The City Manager reported that at a recent workshop meeting the City Council had informally agreed to approve the request of the Board of Adjustment in a letter dated July 17, 1972, for the modification of its Rules of Procedure as follows: "No meeting of the Board of Adjustment shall be scheduled unless two or more petitions have been filed for hearing, excepting the Board will meet once a month if any petition has been filed." Mr. Youngblood made a motion that the request made by the Board of Adjustment regarding the modification of its Rules of Procedure be accepted, seconded by Mr. Saunders, and unanimously carried. 7.q. City Manager Mariott stated that a letter dated July 24, 1972, had been received from Richard L. Seguin of the ABC Towing Service requesting permission for the operation of an automobile wrecking yard at 155 North Congress Avenue. According to Chapter 15B of the City's Code of Ordinances, this request can only be approved by Council.. Mayor Scheifley questioned the operation of Dick's Garage and Wrecker ServJ.ce in the same area as the ABC Towing Service. The City Manager reported that he had instructed the Building Inspection Department to toke identical action with regard to that Company as was previously taken against the ABC Towing Service, same being to cease operation if -3- 8-14-72. it were wrecking cars without the approval of the City Council. Mr. ~k~ekes made a motion that permission be granted to ABC Towing Service for operation of an automobile wrecking yard, subject to its complying with the provisions of the appropriate ordinances. This motion was duly seconded by Mr. Saunders and unanimously carried. 8.a. The City Manager stated that a public hearing was scheduled to be held at this time, after having been legally advertised, concerning the adoption of a Comprehensive Plan for the zoning of the City (Master Plan), and adoption of a new zoning ordinance to implement the Plan; following said hearing, approval of same may be given by Council by adoption of Resolution 37-72, should Council so decide. The City Manager presented RESOLUTION NO. 37-72'. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING A COMPREHENSIVE PLAN FOR THE ZONING OF THE CITY OF DELRAY BEACH. (Copy of RESOLUTION NO. 37-72 is attached to the official copy of these minutes.) Mr. Weekes recommended that Council delete from the new Ordinance and zoning Map any reference to ~M-25 zoning, and that any property presently designated within that zone be reclassified to RM-20. He asked the City Attorney what steps should be taken to implement this change prior to the adoption of the Master Land Use Plan and Zoning Map and Ordinance. The City Attorney stated that this could be accomplished by passage of a motion by Council. Mr. Weekes made a motion to the effect that the property presently designated as RM-25 on both the Land Use Map and the Zoning Map be placed in RM-20 zoning district and that any reference in these documents to ~M-25 be stricken. Said motion was duly seconded by Mrs. Martin and unanimously accepted. Mayor Scheifley declared a public hearing and the following people appeared and presented their views and objections to the proposed Comprehensive Plan: Attorney John H. Adams, 50 So E. 4 Avenue, Delray Beach, Florida, referred to property, by letter and in person, that he owns in the SE 1/4 of Section 18-46-43, presently zoned C-3. He objected to the proposed R-lA zoning. The property is adjacent to and part of it lies within the proposed 1-95 R/W. It would affect the economic value of same. Attorney Adams representing himself and associates with regard to four (4) West Atlantic Avenue service station sites, American Oil Station and three (3) other corners, which presently are zoned C-2. Opposed to proposed zoning of R-lA and RM-15. Property is located in proposed 1-95 R/W, and to change the zoning would affect the economic value. Attorney Adams also represented John B. McKee, owner of property in Sections 21 and 28-46-43, East of Federal Highway (S. E. 6 Avenue) on both sides of Linton Boulevard, if extended East. A strip of this property adjacent to Federal Highway is presently zoned C-2. He objected to the proposed RM-20 zoning of this strip. -4- 8-14-72. Reverend Nicholas G. Randolph, 14 So W. 8 Street, Delray Beac~, Florida. ov;ner of I,ot 136, Tropic Isle, located at 2238 Spanish Trail, pzesently zoned RM-1, objected to the proposed RM-].5 zoning, which he s~id would reduce the number of units he could build on his property. He objected by letter and in person. Attorney Neil E. MacMillan, 29 N. E. 4 Avenue, Delray Beach, Florida, by letter dated August 14, 1972, stated that he represented Messrs. C. H. Dodson and Earl Go Broken, owners of land in Section 21-46-43 on West side of South-bound Federal Highway, approximately 185 feet South of S. E. 10 Street. They objected to the rezoning of this property from C-2 zoning to the proposed RM-15 zoning. Mr. Arthur Sprott, 505 East Atlantic Avenue, Delray Beach, Florida, representing Gulf Oil Company, owner of property in Section 21-46-43, located at the Sou~h- west corner of the intersection of S. E. 10 Street and South-bound Federal Highway, objected to the rezoning from C-2 to the proposed RM-15 zoning. Mr. Sprott reported that he had contacted the First Bank & Trust Company of Boynton Beach on behalf of A. L. Sutton and Attorney J~mes M. Young of West P~lm Beach, concerning property in Section 21-46-43 in the vicinity of S. E o 10 Street and South-bound Federal Highway. Annexation of this property has been re- quested in C-2 Zone. Lane Use Plan proposes RM-15 zoning. Mr. John Roberts, Contractor, 2041 N. E. 1 Avenue, Pompano Beach, Florida, representing a number of property owners in Tropic Isle Subdivision, stated that Resolution No. 37-72 regarding adopting a Comprehensive Plan for the zoning of Delray Beach was not published, people were not informed, and he was opposed to rezoning of the property presently zoned RM-1 to the proposed RM-15 zone as it would cut down the number of units that could be constructed on each lot. Attorney George Patterson, 1000 South Federal Highway, Deerfield Beach, Florida, representing Keeler, Inc., owner of Lots 69 through 72, Tropic Isle Harbor Shopping Center, located at 3415 South Federal Highway, objected to the rezoning from C-2 of property on which it has conducted a business for many years. He asked that this property continue to be zoned commercial. Proposed zoning is RM-20. Mr. David Rowles, 951 Spanish Circle, Apartment 141, Delray Beach, Florida, thanked Council for its efforts and for changing the proposed zoning from RM-25 to RM-20 zoning in the Southern portion of the Tropic Isle area. Wanda Freyer, 7725 Alhambra Boulevard, Hollywood, Florida, 33023, ow~er of Lots 120 and ].21, Tropic Isle Subdivision, located at 2207 and 2223 Florida Boulevard, was concerned about the number of units that could be -5- 8-]4-72. - constructed on her property which is presently zoned RM--1 if it were rezoned ~-15 as proposed. Arlene and Alexander Luch, 560 S. E. 2 Avenue, Pompano Beach, Florida, 33060, owners of Lot 402, Tropic Isle Subdivision, located at 2908 Spanish Trail, were con- cerned about what effect the rezoning would have on the number of units that would be allowed on their property, presently zoned P~i-1, if it were rezoned RM-15, as proposed. Arlene Luch, representing her mother, Mabel M. Robertson, omnaer of Lot 401, Tropic Isle Subdivision, located at 2914 Spanish Trail, objected to a change in the number of units allowed RM-1 zone, as opposed to the proposed RM-15 zone. Jean Hogan, 1504 S. E. 3 Street, Pompano Beach, Florida, 33060, representing J. Ao Rosenthal, owner of 15 acres in Del-Raton Park Subdivision, on South Federal Highway, and 4.5 acres on the West side of the Highway, stated that she was concerned with the proposed zoning as shown on the Land Use Map. This property is in the county. Dr. R. A. Hillert, 3401 South Federal Highway, Delray Beach, Florida, owner of Lot 1, located at the foregoing address, Tropic Isle Harbor Shopping Center, has conducted a business at that location for many years. He objected to that property being rezoned from C-2 to the proposed RM-20 zone for economic reasons. Attorney Saul J. Morgan, 7930 East Drive, North Bay Village, Florida, 33141, representing and an associate of Melvin I. Muroff, 1005 Du Pont Plaza, Miami, Florida, discussed with Council properties in the area of Lake Ida Road and Congress Avenue. These properties are presently in the County, but application for annexation into the City has been made, requesting various zoning classifications on eight (8) parcels of land. The Land Use Map proposes different zoning than now exists in the County, and different from the requested zoning on some of the eight (8) parcels of land which are involved. Mr. Charles J. Keeler, 3415 South Federal Highway, Delray Beach, Florida, owner of Lots 69 through 72, Tropic Isle Harbor Shopping Center, located at 3415 South Federal Highway, objected to that property~being rezoned from its present C-2 zoning classification for economic reasons. They have operated a business at that location for many years and are preparing plans for expansion of their business. The proposed zone is P~-20. Mr. Carmen Peretta, 4431N. E. 31 Avenue, Lighthouse Point, Florida, 33064, an interested party in Lots 414, 415 and 416, Tropic Isle Subdivision, located at 3001 through 3021 Florida Boulevard, objected to the change of zoning from RM-1 to proposed ~q-15 zone which would reduce the number of units per lot that could be con- structed on the property. ~ 6 8-14-72 Mr. Walter Houghton, Secretary, Tropic Isle Civic Association, 950 Tropic Boulevard, Delray Beach, Florida, reported that deed restrictions govern the number of units that can be constructed on certain lots in the Tropic Isle Subdivision. He said that their Association endorses the Master Plan. Mr. Robert Grauch, 154 Gleason Street, Delray Beach, Florida, questioned the Council as to "What is the Plan?". Mayor Scheifley read Resolution No. 37-72. Attorney H. C. Sumrall, 50 S. E. 4 Avenue, Delray Beach, Florida, represented Robert Wiebelt, George Wiebelt and Arthur Mirandi, owners of nine (9) acres in the East 1/2 of Sec. 29-46-43, located South of present Waste Transfer Plant and adjacent to and West of the F.E.C. Railway. He objected on their behalf to the proposed RM-15 zoning. The land is presently zoned C-3 and his clients have plans to build warehouses. Mr. John Brennan, 2269 Acorn Palm Road, Boca Raton, Florida, 33432, represents Mr. Charles Schmidt, owner of Plats 3 and 4, Tropic Palms Subdivision, located South of Linton Boulevard and East of 1-95 right-of-way. He reviewed the past history of Mr. Schmidt's cooperation with the City and of his giving a sewer lift station site to the City. Mr. Brennan stated that there are problems that need to be worked out by the City regarding con- tinuation of certain streets and concerning traffic flow in the area of Germantown Road, Lindell Boulevard and 1-95. He said that they are now in a position to help work the problems out by construction of certain streets and abandonment of certain right-of-way with a proposed replat of some property. He objected to the proposed zoning to R-1AA of a large tract in Plat 3, Tropic Palms, that is presently zoned RM-1, and asked that the zoning of said property remain as it is until the whole problem can be worked out with coopera- tion. Attorney James W. Nowlin, Sr., 6 S. W~ 10 Street, Delray Beach, Florida, presented himself as the owner of property in Section 20-46-43, located at the South- west corner of the intersection of S. W. 10 Street and Swinton Avenue. He also represented his brother- in-law, Mr. T. P. Wyatt, who owns property adjacent to and West of Attorney Nowlin's property on S. W. 1© Street. He reviewed the rezoning procedure in 1968 that changed this presently zoned C-2 property from R-lA, and the City requiring from him additional right- of-way for South Swinton Avenue and So W. 10 Street; and also additional right-of-way for S. W. 10 Street from Mr. Wyatt. Deeds for the right-of-way were given to the City at that time. He questioned the reason for the proposed change back to R-lA and asked if the property is rezoned to that classification, that the City deed back their 15 feet for residential purposes. -7- 8-14-72. Mr. Michael L. Bon Durant, President, Tropic Palms Home Owners Association, 644 Kingbird Circle, Delray Beach, Florida, said that the proposed Zoning Map does not agree with the Land Use Map in the area of Albatross Road, Curlew Road and Jaeger Drive. He objected to the change and stated it had been explained that it would be zoned for single family dwellings and multiple family dwellings in that area. Attorney Robert Honchell, 279 North Federal Highway, Boca Raton, Florida, 33432, represented Messrs. William H. Nichols, Joseph V. Shields and D. Altman Diehl, owners of 14 acres, being that part of Model Land Company's Lots 7, 8 and 9, lying West of the F.E.C. Railway in Section 29-46-43. This property lies South of Dotterel Road if extended East, and is presently zoned C-3. He objected to the change of zoning from C-3 to the proposed RM-15 zone of the North portion and proposed R-1AA zone of the South portion of said property. He referred to a letter he had written to the City dated May 11, 1972, regarding this matter, and informed Council that he would like to resubmit that letter. Attorney Paul C. Wolfe, Flagler Court Building, West Palm Beach, Florida, represented Messrs. William Baker, John D. Cole, Wayne Young and Robert C. Reed, owners of property in the South half of Section 19-46-43 and the North half of Section 30-46-43. Attorney Wolfe stated that he did not understand what the Council was attempting to do and referred to proposed Resolution No. 37-72 and the Zoning Map, particularly to the following paragraphs of said Resolution: "WHEREAS, the Planning and Zoning Board has presented to the City Council the Master Plan and proposed Ordinance, which includes the Zoning Map, implementing such Plan; and, WHEREAS, City Council has held, pursuant to the Charter, a Public Hearing on the proposed Master Plan, Ordinance and Zoning Map on August 14, 1972; and, E. The 1972 Zoning Map of the City of Delray Beach certified by the Planning and Zoning Board on July 31, 1972." Mr. Wolfe did not believe the proper advertisement had been made and the proper Public Hearings held by the Planning Board for those paragraphs to be included in the Resolution. Attorney Wolfe stated that he would have nothing more to say if the Land Use Plan was the only item under considera- tion. He believed people would have a better understanding of what was being done and would realize that they would have a chance at a Public Hearing and workshops if the items he had referred to in the Resolution were deleted. The City Attorney replied that the Resolution was pre- pared to adopt a Comprehensive Plan for zoning of the City of Delr~y Beach, pursuant to its Charter. All items -- 8 8-14-72 listed in Resolution No. 37-72 are part of the Comprehensive Plan. The material used in forming the conclusions resulted in drawing up the proposed Ordinance No. 21-72, which includes the Zoning Map. He stated that the only action that should be considered would be to adopt these items as the Comprehensive Plan or the "Master Plan". The Ordinance will be acted on separately and a Public Hearing will be held on same. Mayor Scheifley stated that the Council was following the procedure outlined by the City Attorney, and for Council to argue technical legal points was not within the hearing. Mr. Wolfe objected to the procedures of advertising and Public Hearings concerning the proposed Ordinance and Zoning Map. He also objected to the differences between the Zoning Map and the Land Use Map in many instances, and as it specifically pertained to the neighborhood commercial shopping area on Linton Boulevard. James J. Ritterbusch, 76 S. E. 5 Avenue, Delray Beach, Florida, represented James W. Doherty and James I. Sinks, owners of property in Section 21-46-43 (Sinks Plat) located on the East side of South Swinton Avenue, North of 10 Street. The property is presently zoned RM-2. He objected to the proposed change to R-lA and said a portion of the property was presently being developed by another owner with multiple family units. Mr. John Roberts referred to Ordinance No. 16-72, establish- ing a procedure for obtaining building permits for commercial, industrial and multiple family dwellings up to and includ- ing nine (9) units, passed and adopted on second reading on July 24, 1972, and asked if a building permit applied for by the 24th of August, 1972, would be considered under the present zoning. He said that several people are in the process of having construction plans completed and it is very important to them. The City Manager explained that an ordinance is effective thirty (30) days after it is passed and adopted on second reading, and a building permit may be obtained up until that date, and after that date the ordinance must be complied with. Mr. Roberts said that they had asked if building permits would be issued if plans were submitted on August 23, 1972. This was the question on which they desired an answer. The City Manager said that he could not say that would be the case because he could not firmly state whether the plans could or would be reviewed in one day. Mr. Roberts said that in order to construct a multiple family dwelling it has to go through the Restaurant and Hotel Commission for its approval. The person in charge of that Commission will be on vacation until August 17, 1972. This does not give people an opportunity to present their plans to the City as early as desired. The City Manager stated that this was a fine point of law. If Council wished to pursue it, he would ask if the city Attorney was prepared to rule on same. The City Attorney said he would have the legal interpretation on that question within the week. -9 8-14-72. Following a general discussion by Council, Mr. Weekes made a motion to %able Resolution 'No. 37-72 and that all people who objected to same be invited to the next workshop meeting. Mr. Saunders asked that Resolution No. 37-72 not be brought off the table until the next meeting. Mr. Weekes agreed to include Mr. Saunders' request in his motion, same being seconded by Mrs. Martin, and unanimously carried. 8.b. The City Manager presented RESOLUTION NO. 38-72. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTIO~ OF AVENUE A AS SHOWN ON THE PLAT OF DEL-RATON PARK SUBD IVIS ION. (Copy of RESOLUTION NO. 38-72 is attached to the official copy of these minutes.) The City Manager explained to Council that this abandonment developed as a result of a request by Dan Burns Oldsmobile Agency and was approved by Council on June 26, 1972. As a result of a suggestion by the City Attorney, dedication of the West 76 feet of Block 20, Del-Raton Park Subdivision, adjacent to and North of the right-of-way of Avenue A, was requested from Mr. Edwin W. Young for the purpose of widening Dixie Highway. Mr. Saunders made a motion, seconded by Mr. Youngblood, to approve passage of Resolution No. 38-72, said motion being unanimously passed. Mr. Saunders then made a motion to accept the deed to the West 76 feet of Block 20, Del-Raton Park Subdivision, from Mr. Edwin W. Young, seconded by Mrs. Martin, and unanimously carried. 8.c. The City Manager presented RESOLUTION NO. 39-72. A RESOLUTION OF THE CITY COUNCIL OF THE CiTY OF DELRAY BEACH, FLORIDA, COMMENDING THE MEMBERS OF THE PLANNING BOARD OF THIS CITY FOR THEIR OUTSTANDING SERVICE TO THE COMMUNITY. (Copy of RESOLUTION NO. 39-72 is attached to the official copy of these minutes.) Mayor Scheifley read RESOLUTION NO. 39-72, which com- mended the following members of the Planning Board: KENNETH JACOBSON LONNIE W. COOK, JR. ANDREW GENT C. SPENCER POMPEY COL. THEODORE L. POOLE, JR. ROY M. SIMON THOMAS WOOLBRIGHT, JR. RESOLUTION NO. 39-72 was unanimously passed and adopted on motion by Mr. Youngblood, seconded by Mr. Saunders. 8.d. The City Manager presented ORDINANCE NO. 17-72. -10- 8-14-72. ORDINAMCE [NO. ].7-72. AN QRDI?~ANCE OF THE CiTY COIINC:[L OF THE CITY OF DELFJ~Y BEACH, FI,OR. if}A, REPUBLISHING A~ID A~.[~}LDIDG ALL OF C[L~P_TE[~ 16 "I, ICE].{SES" OF THE CITY'S (IODE OF OP~DINANCES ES%'ABLI~HING REQUIRE?~.iNTS; EA~Pi::RA. TION DATES; T}~ANSFER- ABILITY; DUE DATE; EYCEMPTIONS; PENALTY; COLLECTION FEE AN~D Li[CENSE SCHEDULE IN COMPLIANCE WITH FLORIDA STATUTES CtJAPTER 205. (Copy of Ordinance No. 17-72 is attached to the official copy of these minutes.) A Public Hearing having been legally advertised, in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, was held, and there being no objection to ORDINANCE NO. 17-72, said Ordinance was unanimously passed and adopted on this second and final feeding, on motion by Mr. Youngblood, seconded by Mr. Saunders. 8.e. The City Manager presented ORDINANCE NO. 18-72. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, CERTAIN LA~DS LYING IN THE SOUTH~EST QUARTER (SW 1/4) OF SECTION 12, TOWNSHIP 46 SOUTH, RANGE 42 EAST, ALSO PORTIONS OF LAKE IDA ROAD AND BARWICK ROAD, WHICH LANDS ARE CONTIGU'OUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LANDS; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LANDS; AND PRO- VIDING FOR THE ZONING THEREOF. (Copy of ORDINANCE NO. 18-72 is attached to the official copy of these minutes.) The City Manager informed Council that this Ordinance had been modified to include as an addition, a strip of land 56' feet in width adjacent to the North boundary line of this property which the applicant has recently acquired from the Lake Worth Drainage District. The City M~nager said that, following the closing of the Public Hearing on ORDINANCE NO. 18-72, Council may either pass the Ordinance on second and final reading or elect not to do so, and consider annexation of the property subject to a different zoning as was discussed at the last workshop meeting. Should Council decide to annex the property subject to RM-1 zoning, as requested by the applicant, ORDINANCE NO. ~23-72 effecting same had been prepared. The City Manager presented the following letter, dated August 14, 1972, to the Council, signed by William F. Leonard, Attorney for Biltmore Realty & Development Corp., and approved by Harry E. Bray, President of said corporation: "RE: BILTMORE REALTY & DEVELOPMENT CORP. - Lands in Sec. 12, 46-42, Palm Beach County, Florida - 82 acres more or ].ess. Dear Sir: This will confirm that Bil'tmore Realty * Development Corp. agrees that in development of the above lands, it will have -11- 8-14-72. an overall density of not more than six (6) units per acre, based on a total acreage of approximately 82 acres. Further, such development will be similar in nature to renderings already presented as prepared by our architect, Richard W. Dodge, or in lieu thereof, single family cluster homes. Naturally, any such development will meet with applicable provisions of your Code. The purpose of this letter is to assure you of the above density and development program for said lands." A Public Hearing having been legally advertised, in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, was held. Following a discussion, Mr. Youngblood moved that ORDINANCE NO. 18-72 be passed on second reading, said motion being seconded by Mr. Saunders. The motion to pass ORDINANCE NO. 18-72 was unanimously voted down. The City Manager presented ORDINANCE NO. 23-72. 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 (SW 1/4) OF SECTION 12,. TOWNSHIP 46 SOUTH, RANGE 42 EAST, ALSO PORTIONS OF LAKE IDA ROAD AND BARWICK ROAD, WHICH LANDS ARE CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LANDS; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LANDS; AND PROVIDING FOR THE ZONING THEREOF. ORDINANCE NO. 23-72 was unanimously placed on first reading on motion by Mr. Weekes, seconded by Mrs. Martin. 8.f. The City Manager presented ORDINANCE NO. 19-72. AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING ORDINANCE NO. G-225, AS AMENDED, AND AMENDING PORTIONS OF THE SOUTHERN STANDARD BUILDING CODE, AS ADOPTED, IN CHAPTER 9, SECTION 9-1 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA. (Copy of Ordinance No. 19-72 is attached to the official copy of these minutes.) A Public Hearing having been legally advertised, in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, was held, and there being no objection to ORDINANCE NO. 19-72, said Ordinance was unanimously passed and adopted on this second and final reading, on motion by Mr. Saunders and seconded by Mr. Weekes. -12- 8-14-72. The City Manager presented ORDINANCE NO. 20-72. AN OR]}INANCE OF THE Clri~f CO'tLqCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANi'~EXING TO THE CITY OF DELRAY BEACH CERTAIk[ LANDS LYING IN SECTION 28, TOR~SRIP 46 SOUTH, PJQ>iGE 43 EAST, ~lqICI{ LANDS ARE CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAIl} CITY; REDEFINING TI~E BOUNrDARIES OF SAID CITY TO INCLUDE SAID LANDS; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LANDS; AND PROVIDING FOR THE ZONING THEREOF. (Copy of ORDINANCE NO. 20-72 is attached to the official copy of these minutes.) A Public Hearing having been legally advertised, in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, was held, and there being no objection to ORDINANCE NO. 20-72, said Ordinance was unanimously passed and adopted on this second and final reading, on motion by Mrs. Martin and seconded by Mr. Youngblood. 8.h. The City Manager stated that ORDINANCE NO. 21-72 is a new zoning Ordinance which had been drafted for the implementation of the City's new Master Plan. Mr. Saunders made a motion, seconded by Mrs. Martin, and unanimously carried, that ORDINANCE NO. 21-72 be tabled. 8.i. The City Manager stated that ORDINANCE 22-72 reclassifies properties located in the various City fire zones, according to the zoning classifications of the City's new Master Plan. Mr. Youngblood moved that ORDINANCE NO. 22-72 be tabled, seconded by Mrs. Martin, and unanimously carried. 8.j. The City Manager presented ORDINANCE NO. 24-72. AN ORDINANCE OF THE CITY COIINCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH CERTAIN LAND LYING IN SECTION 8, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS 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; AL~ PROVIDING FOR THE ZONING THEREOF. He informed Council that an application had been received for the annexation of a tract of land on the North side of N. W. 9th Street between N. W. 4th and N. W. 5th Avenues, whereon a single family home is under construction, subject to R-1AA zoning. ORDINANCE NO. 24-72 was unanimously placed on first reading on motion by Mr. Saunders, seconded by Mr. Youngblood. 8.k. The City Manager presented ORDINANCE NO. 25-72. AN ORDINANCE OF THE CITY OF DELRAY BEACH AMENDING SECTIONS 9-6.5 AND 9-6.6, CODE OF ORDINANCES OF SAID CITY PERTAINING TO REGULATIONS LIMITING TIlE HOURS FOR CER~RIN BUILDING CONSTRUCTION IN THE CITer OF DELRAY BEACH, AND PROVIDING PENALTIES FOR THE VIOL~TION 'rI{EREOF. -13- He stated that this Ordinance would modify present City requirements and would permit constructio~ work ]~y the owner or occupant of a single family dwelling between the hours of 5:00 P.M. and 8:00 P.M., Mondays through Saturdays. ORDINANCE NO. 25-72 was unanimously placed on first reading on motion by Mr. Youngblood, seconded by Mr. Saunders. 8.1. The City Manager presented ORDINANCE NO. 26-72. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 27, SECTION 27-2, SECTION 27-3, SECTION 27-5, AND SECTION 27-28, OF THE CODE OF ORDINANCES OF THIS CITY, PERTAINING TO WATER METER INSTALLATION COST, WATER RATES, SERVICE CHARGES AND SEWER RATES AND CHARGES. He informed Council that this Ordinance would set the City's water and sewer rates, as recommended by the January, 1972, Russell & Axon report. The new rate structure is required to make possible the floating of a water and sewer revenue bond issue for funding needed for water and sewer improvements and expansions, including the construction of a new sewage treatment plant which is required by State law. ORDINANCE NO. 26-72 was unanimously placed on first reading on motion by Mr. Weekes, seconded by Mrs. Martin. 8.m. The City Manager presented ORDINANCE NO. 28-72. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH CERTAIN LAND LYING IN SECTION 28, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS 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 LARqD; AND PROVIDING FOR THE ZONING THEREOF. He reported to Council that Dr. William H. Laughlin, a Veterin- arian, who is presently constructing a building at 1900 South Federal Highway, had submitted an application for annexation of the subject property to the City, pursuant to action taken by City Council at its July 24, 1972, meeting wherein Council agreed to provide water and sewer service to Dr. Laughlin's property, which is presently located outside the City, provided the property is annexed to the City. The application is' for annexa- tion subject to C-2 zoning. Following some discussion regarding the proposed zoning of that property under the new Master Plan, ORDINANCE NO. 28-72 was unanimously placed on first reading on motion of Mr. Youngblood, seconded by Mr. Weekes. 9.a. City Manager Mariott informed Council that the Planning and Zoning Board, at a meeting held on July 25, 1972, recommended by unanimous vote that the site plan for construction of an 18-unit multiple family complex on Lots 1 and 2, and Lot A, less the North 45 feet, in Blue Seas Subdivision, be approved. Upon Mr. Saunders' motion, seconded by Mr. Weekes, the foregoing site plan was unanimously approved. -14- 8-14-72. 9.b. The City Manacler. ~.,.uo~:d-o-,_ ~ - ' t'hat at its meeting held on July 18, 1972, the Ple. nning end ZonJ. n.c~ Boa~-d, by unanimous vote, recommended tl'~at the site plan for a 2-sto.zy, 38-unit multiple family complex, to be located en Beach Lot 25, 200 South Ocean Boulev~.rd, be approved, subject to the deeding of the North feet of the property to 'the City far right-of-way purposes. The applicant's attorney, Mr. B. V. Maywood, submitted ~ letter to Mr. Mariott at the meeting, agreeing to the donation of a 10' foot strip of land to the City for the purpose of widening Ingraham Avenue. Following a discussion, in which Mr. Robert Grauch and Mr. Ernest Schier p~rticipated, and upon a previous motion made by Mr. Weekes and seconded by Mr. Saunders, the foregoing site plan was unanimously approved, subject to receipt of the right-of-way deed. 9.c. City Manager Mariott informed Council that at its meeting on July 18, 1972, the Planning and Zoning Board, by unanimous vote, recommended that the site plan for a 68-unit development located on Barwick Road on a ten (10) acre tract at the Southwest corner of the project in the NE~ of Section 13-46-42 be approved. This is an extension of the High Point development. Upon Mr. Saunders' motion, seconded by Mrs. Martin, the foregoing site plan was unanimously approved. 9.d. The City Manager stated that at its meeting on August 8, 1972, by unanimous vote, the Planning and Zoning Board recommended that the City accept the dedication of a 40-foot strip of land for street right-of-way purposes located in part of Lot 1, Block 1, Section 21-46-43, lying between S. E. 4th and 6th Streets, as re- quested by Mr. James W. Nowlin, Jr. Mayor Scheifley requested that the records show that there were no conditions, agreements, promises, or contracts in connection with the zoning in regard to this dedica- tion. Mrs. Martin moved that the City accept the dedication of the 40-foot strip of land as hereinbefore described, said motion being seconded by Mr. Saunders, and unanimously passed. 9.e. The City Manager reported that the Planning and Zoning Board, at its meeting held on August 8, 1972, recommended by unani- mous vote, denial of an application for annexation of a tract of land subject to C-2 zoning located generally at the Southwest cor- ner of Southbound Federal Highway and S. E. 10th Street, being the East half of Lot 5, Section 21-46-43, and the South half of the NW¼ of the NE% of the SW% of Section 21-46-43, lying West of U. S. Highway No. 1. The Planning and Zoning Board based its denial of the request on the fact t.h~t the future land use pi. an for this prop- erty calls for RM-15 zoning. The applicant has stated that the property to be annexed under C-2 zoning would be used for the pur- pose of constructing a Grand Union shopping center thereon. Mr. Weekes moved to sustain the recommendation of the Planning and Zoning Board and deny the application, the motion being seconded by Mr. Youngblood. Upon Roll Call Hr. Saunders, Mr. Weekes, Mr. Youngblood and Mayor Scheiftey voted in favor of the motion, with Mrs. Martin opposed. The motion carried. 9.f. The City Manager informed Council that at its meeting held on August 8, 1972, by unanimous vote, t'be Planning and Zoning Board recommendcd that Council deny the request t'nat Lots 1 through 5, Block 4, Atlantic Park Gardens, be rezoned from R-1 single family to RM-2 multiple fami].y. Tl~e denial was based on t'he fact that tlc requested zoning is not. in accord with either the present or planned future zoning of the land in question. - 15 - 8-14-72 Mrs. Juanita Coffey, 2!3 S. W. 13th Avenue, owner of the property, answered the Council's questions regarding the proposed use of the property.. Mr. Weekes moved that the Council sustain the recommenda- tion of the Planning and Zoning Board, seconded by Mr. Saunders, and unanimously carried. 9.g. The city Manager reported that the Planning and Zoning Board at its meeting held on August 8, 1972, by unanimous vote, recommended that Council approve the Preliminary Plat for the Wright Sun & Yacht Club, South Federal Highway, in the SE¼ of Section 21- 46-43, since it has complied with the City's Engineering Department requirements. Upon motion by Mr. Youngblood, seconded by Mr. Saunders, the Preliminary Plat for the Wright Sun & Yacht Club was approved. 9.h. City Manager Mariott explained that at a meeting held on August 8, 1972, the Planning and Zoning Board considered the request- ed annexation of eight tracts of land in the vicinity of Lake Ida Road and Congress Avenue. A sketch of the subject property was pre- sented to Council, and the eight items were considered as follows: Tract 1. Ail that portion of the West half of the Southwest Quarter of Section 7-46-43, lying north of the northerly right-of-way of Lake Ida Road as sho~ on plat of Delray Shores 1st Add. recorded in Plat Book 28, page 2, Public Records of Palm Beach County, Florida, less the right-of-way of Lake Worth Drainage District Canal ~ 31, containing 36.04 acres more or less. The applicant requested annexation subject to R-lA zoning. The Planning and Zoning Board by unanimous vote, recommended that this request be denied, but that it be annexed subject to R-1AA zoning. Council unanimously sustained the recommendation of the Planning and Zoning Board, on motion by Mr. Weekes, seconded by Mrs. Martin. The applicant said he would let the City Manager know if he wishes this property to be annexed subject to R-1AA zoning. Tract 2. Ail that portion of the East Half of Section 7-46-43, lying west of the westerly right-of-way of Congress Avenue as laid out and now in use and north of the northerly right-of-way of Lake Ida Road as shown on plat of Delray Shores, sheets 1 and 2, recorded in Plat Book 24,pages 232 and 233, Public Records of Palm Beach County, Florida; less the right-of-way of Lake Worth Drainage Dis- trict Lateral Canal No. 30. Containing 210.47 Acres more or less. City Manager Mariott stated that the Planning and Zoning Board, by unanimous vote, recommended annexation of this tract of land subject to the following: a 100-foot strip East along Davis Road subject to R-1AAB zoning with the remainder of the property being subject to P~-2, with the stipulation that the RM-2 property be rezoned to RM-15 upon establishment of this new zoning distrzct. Mr. Weekes made a motion to sustain the recommendation of the Planning and Zoning Board with regard to Tract No. 2 and annex the above tract of land, seconded by Mr. Saunders, and unanimously carried. Tract 3. Ail that portion of the East Half of Section 7-46-43, lying East of the Easterly right-of-way line of Congress Avenue as laid out and now in use, and North of the Northerly right-of- way line of Lake Ida Road and West of the Westerly right-of-way line of the Seaboard Air Line Railway as same are shown on plat of DEL~AY SHORES, sheet 1, recorded in Plat Book 24, Page 232, Public Records of Palm Beach County, Florida. Containing 18.724 acres more or less. -16- 8-14-72. Trac~z 7. All that p~rt of the Northwest Q,.?.arter of Section 8-46-43, lying West of the Westerly right-of-way liDe of the Sea, board Air Line Railway; excepting therefrom the West 40 feet thereof, the North 110 feet thereof and the right-of-way of Congress Avenue as laid out and now in use. Containing 56.053 acres more or less. Tract 8. All that part of the Southwest Quarter of Section 8-46-43, lying West of the Westerly right-of-way liDe of the Seaboard Air Line Railway; excepting therefrom the West 40 feet thereof and the North 80 feet thereof. Containing 7.875 acres more or less. The City Manager informed Council that the Planning and Zoning Board, by unanimous vote, recommended against annexation of Tracts 3, 7 and 8, subject to C-2 zoning, as requested by the applicant, as such would not be compatible with the proposed Master Plan. Following a general discussion, Mr. Youngblood made a motion to sustain the recommendation of the Planning and Zoning Board in connection with Tracts 3, 7 and 8, said motion seconded by Mrs. Martin. Upon roll call, Mrs. Martin, Mr. Saunders, Mr. Youngblood and Mayor Scheifley voted in favor of the motion with Mr. Weekes voting "nay". Motion was duly passed. Tract 4. Lots 1 through 7 inclusive, Block 1, DELRAY SHORES, according to the plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 24, Page 233. Containing 1.44 acres more or. less. Tract 5. The West 227.82 feet of the East 468.31 feet, measured along the South line of Section 7-46-43, Lot 20, Block 1, DELRAY SHORES, sheet 1, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 24, Page 232. Containing 5.144 acres more or less. The City Manager informed Council that at the Planning and Zoning Board's meeting on August 8, 1972, the applicant withdrew his request that these two above described tracts of land, 4 and 5, be annexed. As a result, no action by Council was necessary. Tract 6. That portion of the Southeast Quarter of Section 7-46-43, lying East of the Easterly right-of-way line of the Seaboard Air Line Railway and North of the Northerly right-of-way line of the Lake Worth Drainage District Lateral Canal No. 32- LESS the Easterly 15 feet thereof for the right-of-way of State Road No. 9 as sho~a in Road Plat Book 2, Page 34, Public Records of Palm Beach County, Florida. Containing 1.85 acres more or less. The City Manager reported that the Planning and Zoning Board, by unanimous vote, recommended annexation of the above described tract of land, subject to C-3 zoning, which is agreeable to the applicant. Mr. Saunders made a motion to accept the Planning and Zoning Board's recommendation, seconded by Mr. Weekes, and unanimously carried. 9.i. The City Manager stated that at a meeting held on August 8, 1972, the Planning and Zoning Board, by unanimous vote, recommended that a tract of land adjacent to and West of Tropic Towers, "the Bargas Tract", in the Northeast Quarter of Section 32-46-43 and the Northwest Quarter of Section 33-46-43 be annexed, subject to RM-1A zoning. T~]e zoning on the balance of the development site, which is al. ready in the City, is RM-1. - 17 - 8-14 -72 The City Manager presented ORDINLNCE NO. 27-72. AN ORDINANCE OF THE CI'l~f COUNCIL OF THE CI~_I~ OF DEL~LAY BEACH, FLORIDA, ANNEXING ?0 THE CI'Pf OF DELRAY BEACH CERTAIN LANDS LYING IN SECTIONS 32 ANcO 33, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WI~ICH LANDS ARE CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LANDS; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LANDS; AND PROVIDING FOR THE ZONING THEREOF. ORDINANCE NO. 27-72 was unanimously placed on first reading on motion by Mr. Weekes, seconded by Mr. Youngblood. 10.a. The following BILLS FOR APPROVAL were unanimously approved for payment on motion by Mrs. Martin, seconded by Mr. Saunders: General Fund $ 419,044o23 Water Revenue Fund $ 176,632.72 Special Assessment Fund $ 252.00 Refundable Deposit Fund $ 2,599.52 Beautification Fund $ 5,210.00 Utilities Tax Revenue Fund $ 5,440.00 Utilities Tax Certificates, Sinking Fund Reserve $ 10,000.00 Cigarette Tax Fund $ 10,047.72 Sinking Fund, Cigarette Tax Bonds $ 5,102.50 Capital Improvements Construction Trust Fund $ 97,570.46 Beach Restoration Fund $ 21,269.86 10.b. City Manager Mariott informed Council that the Planning and Zoning Board had recommended approval of the inital applica- tion for a "Best Western" sign by the Spanish River Inn some time ago. A modified temporary sign has been installed for Council inspection and approval. Mr. Weekes objected to the crown attached to the sign. Mr. Saunders moved that the sign be approved, subject to the above-mentioned crown being removed, seconded by Mr. Weekes, and unanimously approved. 10.c. Mr. Arthur Sprott mentioned that he wished Council to know that he had no connection with the Grand Union application for annexation considered earlier in the evening. 10.d. The City Manager stated that some time ago 'Council turned down a site plan for the development of a multi-family complex at 2701 through 2747 West Atlantic Avenue, located in the Southwest Quarter of Section 18-46-43. The City Attorney reported that a suit had been filed against the City on that item and asked that Attorney Robert Chapin be authorized to represent the City in this suit. It was so moved by Mr. Weekes, seconded by Mrs. Martin, and unanimously passed. 10.e. The City Attorney informed Council ~hat he had been informed suit would be filed against the City ]Dy the Florida Rural Legal. Services. He recommended that Attorney Robert Chapin represent the City in this matter, if such a suit is filed. Mrs. Martin made a motion to that effect, seconded by Mr. Weekes, and - 18 - 8-14-72 153 unanimously carried. 10.f. City Manager Mariott presented RESOLUTION NO. 40-72. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH., FLORiDA, AUTHORIZING THE CITY MANAGER TO SIGN A~D SUBMIT APPLICATIONS ON BEHALF OF THE CITY IN CO!~ECTION W!~ THE CITY'S REQUEST FOR STATE A~ FEDERAL GRANT FUNDS AND TO REPRESENT %'HE CiTY IN COAINECTION ~IEREWITH. (Copy of RESOLUTION NO. 40-72 is attached to the official copy~of these minutes.) See: Page 154-OO He explained to Ccuncil that the passage of RESOLUTION NO. 40-72 would help to implement the procedure in obtaining State and Federal gr~nt funds. RESOLUTION NO. 40-72 was unanimously passed on motion by Mr. Weekes, and seconded by Mr. Saunders. 10.~. Council scheduled workshop meetings for August 16 and August 22, 1972, at 7:00 P.M. Upon Mr. Saunders' motion, seconded by Mrs. Martin, the Council meeting was adjourned at 12:55 A.M., Tuesday, August 15, 1972. HALLIE E. YATES City Clerk -19- 8-14-72. 154-A This Resolution was tabled on 8-14-72. Was taken from RESOI,UTION NO. 37.-72. table 8-28-72 and by unanimous vote was A f~'~SOLUTION OF THE CITY COUNCil, OF not passed. THE CITY OP i)ii;~,~AY P, EACH, FLO!iIDA, ADOPiING A CON~PREiIENSiVE PI2i},i FOR TN'~I ZONING OF THE CITY OF DELPJ~Y BEACH. WHEREAS, the City of Delray Beach is authorized by its Charter to adopt a comprehensive plan for the zoning of the City and implementing ordinances; and WHEREAS, in Merch of 1970, the City e~.nployed the firm of Barr, Dunlop & AssocJates, Inco to prepare a Master Plan for the City of Delray Beach, and WHEREAS, said plan was submitted to the Planning & Zoning Board of the City of Delray Beach, and WHEREAS, the Planning & Zoning Board reviewed said plan, and WHEREAS, the Planning & Zoning Board held two public hear- ings, following the publication of notice of such hearings, on March 16th and March 30, 1972, and WHEREAS, the Planning & Zoning Board reviewed objections raised to the Master Plan and held workshop meetings with the City Council, and WHEREAS, the Planning & Zoning Board has presented to the City Council the Master Plan and proposed ordinance, which includes the zoning map, implementing such plan, and WHEREAS, City Council has reviewed at its special meeting held July 31, 1972 the proposed Master Plan and the implementing ordinance with the zoning map, and WHEREAS, City Council authorized the City Clerk to publish notice for two weeks for a public hearing to be held by City Council before the adoption of the Master Plan, pursuant to the charter, and WHEREAS, the City Clerk published notice on August 3 and August 10, 1972 and has had Master Plan, proposed ordinance includ- ing the zoning map on file in the office of the City Clerk during such period, and WHEREAS, City Council has held, pursuant to the charter, a public hearing on the proposed Master Plan, ordinance and zoning map on August 14, 1972, and WIIEREAS, following such public hearing, Council deems it to be in the best interest of the City of Delray Beach to adopt said Master Plan; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Delray Beach, Florida: A. That the Master Plan submitted by Barr, Dunlop & Associates, Inc., including reports by review committees of the Planning & Zoning Board assembled in a binder headed "Land Use 1972" and consisting of: 154-B (1) Survey & Analysis of Existing Land Use dated October, 197©. (2) Structural Survey dated March: 1971. (3) Goals & O~..3cctives dated Octobcr, 1970 (4) Population Study dated December, 1970. (5) Delray Beach Economic Base Study dated Hatch, 1971. (6) Reserve Area Annexation Study dated Hatch, 1971. (7) Community Fa~cilities Plan dated February, 1971. (8) Transportation P].an dated April, 1971. (9) Plan for Central Business District dated November, 1970. (10) Planning Procedures dated March, 1971. (11) Beautification Program dated March, 1971. B. The Barr, Dunlop & Associates, Inc. Land Use Map dated August, 1970 and marked Exhibit ~1 and the supporting data for Exhibit ~1 contained in Exhibits ~2 through ~13. C. The information contained in "Goals Questionnaire" of the Planning Department, 1970. D. The zoning work map. E. The 1972 zoning map of the City of Delray Beach certified by the Planning and Zoning Board on July 31, 1972. F. The zoning map including the reserve area. G. Reports on two public hearings held by the Planning & Zoning Board on March 16th and March 30, 1972. H. Minutes of the Planning & Zoning Board covering items dealing with the Master Plan and zoning. I. Other supporting data consisting of reports, analysis, surveys, etc. from various sources. The foregoing is hereby adopted as the comprehensive plan for the zoning of the City of Delray Beach, Florida and shall be designated as the Master Plan. PASSED AND ADOPTED on this the day of 1972. MAYOR ATTE ST: City Clerk 2 Res. No. 37-72. 154-C RESOLUTION NO. 38--72. A RESOLUTION OF THE CITY COUL!CIL OF THE CITY, OF DELPJIY BEACH~ FLOItiDA, VACATIli~G A!iq) ABANDONING fl PORTION OF AVENUE A AS SI-iOWN ON THE PLAT OF DEL-RATON PARK SUBDIVISION. WHEREAS, DANIEL E. BURNS, President of DAN BURNS OLDSMOBILE, INC., owner of Tract A, GM's ACRES, per Plat Book 29, Page 12, Public Records of Palm Beach County, Florida, has. petitioned the City of Delray Beach for abandonment of that portion of Avenue A lying between Dixie Highway and State Road No. 5 (South Federal Highway), as shown on the plat of Del-Raton Park Subdivision, per Plat Book 14, Page 9, Public Records of Palm Beach County, Florida; and, WHEREAS, the City Council deems it to be in the best interests of the City to abandon said portion of Avenue A, less the West 76 feet thereof, which is reserved for future widening of Dixie Highway; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY DELRAY BEACH, FLORIDA, AS FOLLOWS: 1. That, pursuant to Section Seven (7), Paragraph Three (3), of the Charter for the City of Delray Beach, Florida, it is hereby dete~nined to vacate and abandon the following described right-of-way: That portion of Avenue A lying between Dixie Highway and State Road No. 5 (South Federal Highway), as shown on the Plat of Del-Raton Park Subdivision, per Plat Book 14, Page 9, Public Records of Palm Beach County, Florida, less the West 76 feet thereof. PASSED AND ADOPTED in regular session on this 14 day of August , 1972. MAYOR ATTEST: 154-D RESOLU'F[[ON NO. 39-72. A RESOLUTION OF T}iE CITY COUNCIL OF 5/{E CITY OF DELP~AY BEACH, FLORIDA, CO~.IENDING T~IE MENLBERS OF ~7~-tE PLANNING BOARD OF TiiIS CITY FOR f£HEIR OUTSTA!~DING SERVICE TO THE COMMUN I TY. WHEREAS, KENNETH JACOBSON, LONNIE W. COOK, JR., ANDREW GENT, C. SPENCER POMPEY, COL. THEODORE L. POOLE, JR., ROY M. SIMON, and THO~W~S WOOLBRIGHT, JR., have unselfishly and tirelessly devoted their time and ability as members of the Planning Board of the City of Delray Beach, Florida; and, WHEREAS, the City Council on behalf of the citizens of the City of Delray Beach, Florida, being desirous that the efforts of the aforesaid Board members be recognized, acclaimed and permanently recorded; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH as follows: 1. In honor and deep appreciation of the distinguished ~nd unselfish service rendered by the above mentioned individuals as members of the Delray Beach Planning Board in which capacity they individually and collectively exhibited outstanding leader- ship, vision and ability, particularly in regard to the prepara- tion of the Master Plan, the City Council hereby commends their great contributions to the general welfare of the City of Delray Beach. 2. That a copy of this Resolution be spremd upon, and become a part of the permanent records of the City of Delray Beach. 3. That a copy of this Resolution be furnished to each of the members of the Planning Board. PASSED AND ADOPTED this 14th day of August, 1972. ATTEST: City Clerk ~)'~ 154-E ORDINANCE NO. 17-72 AN OP~DiNANCE OF T~ CITY COUNCIL OF TNE CITY OF DELP~AY BEACH, FLORIDA Ri]PUBL!SiI!NG AND AMENDING ALL OF CHAPTER !.6 "LICENSES" OF THE CITY'S CODE OF ORDINANCES ESTABLISHING REQUIREMENTS; E~.IP£%TION DATES; T-RANSFEP~ABILITY; DUE DATE; EXEMPTIONS; PENALTY; COLLECTION FEE AND LICENSE SCHEDULE iN COMPLIANCE. WITH FLORIDA STATUTES CHAPTER 205. NOW, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: SECTION 1. Chapter 16, Code of Ordinances of this City, be;~ and the same is hereby amended to read as follows: ~ - "cHApTER 16 LICENSES ARTICLE I. IN GENERAL ~ ARTICLE II. LICENSE SCHEDULE ARTICLE I. IN GENERAL · Sec. '16-1 Licenses required to engage in business, profession, etc. " , issuance. ' .... No person shall engage in or manage any business, profession, or occupation mentioned, within the limits of this city, unless a city license shall have been procured from-the city tax collector of, t~ecity. One license shall be i~sued to each person, upon re- ceipt of'the amount hereinafter provided in this chapter and such .license shall be signed in the name of the city, by the tax coliec- tor and shall have the city seal thereon. sec. 16-2· Expiration date; transferability. No license shall be issue~ for more than one year and all li- Censes"shall expire on the first day of October of each year, ex- eept,as otherwise provided in this chapter. All business licenses may be transferred for the business'for which they were taken out when there is a bona fide sale or transfer of the property used an~ employed in the business as stock in trade, but such transferred license shall not be held good for.any longer time or period than from which it was originally is. sued; provided, that the original license shall be surrendered to and filed with the city tax collector at the time application for transfer is made, such transferred license shall be of the same force and effect as the original liCense. Both parties involved to be in agreement with said transfer of license and shall sign a transfer application. At the time any such license is transferred, the person applying for such transfer shall pay a fee of three dollars ($3.00) for such 'transfer. Sec. 16-3 Application date; date license due and. payable; frac- tional license prohibited, exception. Applicatio~ for license shall be made on or subsequent to September. first of each year, and all licenses shall be payable on or before the first ~ay of october of each year; and no license shall be issued for.any fractional portion of the year, except that in the event that any person shall engage in or manage any business, pro- fession, or occupation mentiomed in this chapter on or after the first day of April, then and in that event, such person shall be required to pay only one-half of the amount for any occupational license as is specified in thfs chapter. 154-F Sec. 16-4 Disabled veterans, cripples, aged persons, etc., exempt. Disabled U. S. A. w~r veterans, all confirmed cripples, deaf and dumb persons, and invalids physically incapable of manual labor, widows, with minor dependents, and persons sixty-five years of age or over, shall be allowed the same exemptions as such persons are now or shall hereafter be cntitled~ to by law in connection with state and county licenses. Applications for exemption shall be made to the city council of the city. Proof of disability as required by state law for state and county exemption shall be submitted with all applications. Sec. 16-5. Farmers'growing and manufacturing own products exempt. Ail produce and truck farm and grove products, and produce manufactured therefrom except intoxicating liquors, wine or beer shall be exempted from all forms of license tax by the city when the same is being offered for sale or sold by the farmer or grower producing the products. Provided such farmer or grower shall present to the city clerk sufficient proof, by affidavit, that the produce he offers for sale was produced on his own farm or grove, or from the waters; (The buyer of produce in ground or fruit on trees, or the buyer or lessee of trees bearing fruit in the course of maturing shall not be con- strued as a farmer or grower); whereupon the city clerk shall register such farmer or grower in a book kept for that purpose, showing the number of such registration, the name, age, place of residence and location of the farm or grove of such farmer or grower, and issue to him a permit signed by the city clerk showing such registration. The permit must be displayed by the farmer or grower in a conspicuous place on the vehicle from which he offers produce for sale. Sec. 16-6. Unclassified professions and.occupations. Every business occupation, profession or exhibition, substantial, fixed or temporary, engaged in by any person, whether in a building. tent or upon the street, vacant lot or anywhere in the open air within the city and here not specifically designated shall pay a license tax of fifty dollars ($50.00), unless otherwise specified by resolution or ordinance of the city council. Sec. 16-7. Penalty for violation. Any person, firm, or corporation violating section one of this chapter, shall upon conviction, be punished by a fine not exceeding two hundred dollars ($200.00), or by imprisonment for a period not exceeding ninety days, or by both such fine and imprisonment for each offense and further providing that',unless the. license shall have been procured from the city tax co±lector of the city before the ~irst day of October, it shall be considered delinquent and subject to a delin- quency penalty of ten percent (10%) for the month of October, plus an additional five percent (5%) penalty for each month of delinquency thereafter untilpaid, provided that the total delinquency penalty shall not exceed twenty-five percent (25%) of the occupational license fee for the delinquent establishment. Any person engaging in or managing any business, occupation or profession without first obtaining a. local occupational license,if re- quired hereunder, shall be subject to a penalty of twenty-£1ve percent (25%) of the license determined to be due, in addition to any other penalty provided by law or ordinance. It shall be the duty of the tax collector to enforce the payment of any license taxes not paid within forty-five days from the day same becomes due by securing a warrant for the arrest of the person, firm or corporation illegally engaging in such trade, business, profession or occupation. Page 2 Ordinance No. 17-72 154-G Sec. 16-8. Property taxes to be paid before ~ssuance of license. No license shall be issued to any person to engage in or manage any business, profession er occupation for which a city license may be issued by the city unless the person shall bare paid all personal. pr6perty taxes due to the city from the person applying for such a license. The City Tax Collector to verify before issuing license by having applicant present receipted personal property tax bill from the County Tax Collector. Sec. 16-9. Casualty insurance excise tax - Levied; amount. There is hereby assessed, imposed and levied on every insurance company, corporation or other insurer now engaging in or carrying'on, or which shall hereafter engage in or carry on the business of insur- ing with respect to casualty risks, as shown by the records of the Insurance Commissioner of the State of Florida, an excise or license tax in addition to any license tax or excise tax now levied'by the city, which tax shall be in the amount of one percent of the gross amount of receipts of premiums from policy holders on all premiums collected on casualty insurance policies, covering property within the corporate limits of the city. State law reference--for the state law authorizing municipalities 'to levy excise tax on casualty insurance premiums for the support of a policeman's retirement fund, see chapter 185, Florida Statutes. Sec. 16-16. Same--Date due payable. The license or excise tax herein levied shall be due and payable annually on the first day of March of each year hereafter. . ATRICLE II. LICENSE SCHEDULE Sec. 16-11. Business and occupations enumerated; amount of tax to be paid. The following enumerated individual license tax shall be paid to the city by the persons engaging in or managing or transacting the several occupations or professions named yearly, unless otherwise spgcified: Page 3 Ordinance No. 17-72 154-H A 1. ABSTP~CTING, ]and title, warranty or security company. Each individual conducting the business of abstracting title, either in part or in whole, shall pay a license tax of $ 60.00 2. .ACADEMY, of music $ 30.00 3. ADVERTISING, agencies, firms, associations, corporations or other persons distributing circulars, pamphlets or other ~dvertising matter, except local merchants and theatres advertising in this way their own goods and merchandise, shall pay an annual license tax of $ 100.00 Providing such advertising matter shall not be placed in automobiles or thrown on streets or vacant properties and no person shall distribute any advertising or literature on East Sixth Avenue (also known as Federal Highway), on East Fifth Avenue, ('also known as the Old Dixie Highway), Atlantic Avenue or on Ocean Boulevard ~ithin the City. ~11 such advertising matter shall be delivered on private premises only by handing it directly to the owner, occupant. · '' or other person then present in or upon such premises or by securing same to the doorknob. 4. ADVERTISING, on the Streets, with banners, floats, cartoons, music or loud speakers, or by any other means, per day, each person $ 50.00 (excluding Religious~ Fraternal, Civic, Political, Schools with City Manager's permission) 5. ADVERTISING, on the streets by means of banners, floats, cartoons, music of loud speakers or by .any other means, shall pay a license of, per. day, each vehicle $.' 50.00 (excluding Religious, Fraternal, Civic, Political, Schools with City Manager's permission) 6. ADVERTISING, agencies engaged in the business of bill posting, shall pay a license tax of, per year $ 50.00 7. ADVERTISING OFFICE, PUBLIC RELATIONS $i'.50.00 8. ADVERTISING, schemes and devices not provided for above $.50.00 9. ALLEYS, Bowling, boxball or ten pins, each lane $ 10.00 10. AMBULANCES, separate from undertaking, each $' '35[00 11. AMUSEMENT PARLORS OR CONCERT HALLS $ 50.00 12. ANIMAL EXHIBITIONS (only upon approval of the City Council) $ 150.00 13. APARTMENT HOUSES, See HOTELS 14. AQUARIUM $ 50.00 15. ARMORED CAR SERVICE, each ~ehicle $ 35.00 Page 4 Ordinance No. ].7-72 154-I 16. ART GALI~R¥ $ 30.00 (a) Art studio~ workshop, classes $ 30.00 (b) Artist, co~mercial $ 30.00 (c) Artist material and/or supplies, see ~RC~N~S (d) Artists outdoor sale Each sale~ first day $ 15.00 Each day thereafter $ 5.00 17. ASTROLOGISTS, CLAI~7OYANTS, HYPNOTISTS, FORTUNE TELLERS, PALMISTS, PHRENOLOGISTS,SPIRITUALISTS NUMEROLOGISTS and others of a similar nature, whether or not in connection wi'th another business, each, charging fees,. $1000.00 .No fees but contributions accepted, $1500.00 18. ATHLETIC CLUB, GYMNASIUM (Zoning, Police O.K.) $ 100.00 19 AUCTIONEERS, each $ 50.00 20. AUCTIONS, per day, other than real estate $ 50.00 Provided, however no licensee shall be required to pay such license fee when the licensee has paid the total sum of $1,000.00 in the license year. AUCTION, REAL ESTATE. per day $ 100.00 22. AUTOMATIC AMUSEMENT MACHINES, games and/or devices, DISTRIBUTOR, ~nnual fee $ 125.00 NOTE: It is understood that this shall not be construed to license or permit operation or display of gambling devices. 23. AUTOMATIC GAMES AND DEVICES, or oth~vise, marble games, as throwing balls at figures and the like, which are not elsewhere provided f~r in this chapter. -Each machine or apparatus $ 25.00 24. AUTOMATIC TRADE MACHINES, where only incentive to operate same is to procure or receive mer- chandise of a reasonable value i.e. gum, nut, etc. (a) One cent machines, each $ 2.00 (b) Five cent machines, each $ 5.00 (c) Ten cent machines, each $ 10~00 (d) Fifteen cent machines and up, each $ 15.00 (e) Distributor $ 50.00 25. AUTOMATIC WEIGHING MACHINES, each $ 5.00 Di~tr ibut or $ 50.00 26. .AUTOMOBILEiAUTOMATIC OR MOTOR VEHICLES, TRUCKS, FARM TRACTORS AND FARM IS~LEMENTS. (a) Auto agency and/or dealer: in new or used cars, motor vehicles, trucks, farm tractors and farm implements, with one principle place of business, not to exceed one lot for display purposes, each agency, not to include repairs $ 75.00 (b) Each additional display lot $ 50.00 (c) Rental of vehicle not to exceed 30 days as replacement for vehicles undergoing repairs by agency $ 50.00 Page 5 Ordinance No. 17-72 154-J 27. AUTO~DBILE, (a) Automatic car wash, not in connection with other business $ 30.00 (b) Automobile Association, See INSURANCE (c) Driving school $ 30.00 (d) Parking lots, commercial, each lot $ 50.00 (e) Repair shop and /or garage, in connection with Auto Agency $ 50.00 (f) Repair shop and/or garage not in connection with other business $ 50.00 (g) Self-serve car wash, first unit, $ 20.00 Each additional unit, $ 5.00 (h) U-DRIVE RENTALS $ 200.00 (i) Upholstering, tops, seat c~vers, etc. $ 30.00 (j) Automobile used parts, dealers in, used for purposes other than junk $ 50.00 (k) Wrecker service, towing $ 30.00 28. AUTOMOBILE SERVICE STATION, washing and polishing, greasing, lubricating and like servicing of automobiles, selling gasoline and oil, but not to include repair work and not to include the sale of merchandise required to be licensed, otherwise by ordinance under MERCHANTS $ 25.00 29. AUTOMOBILE SERVICE STATION selling merchandise other than petroleum products used in greasing and lubricating, shall, pay the "MERCHANTS" license on other such merchandise in addition to the foregoing. B 30. BABY SITTER SERVICE $ 50..00 31. BAGGAGE OR FREIGHT TRANSFER COMPANY $ 30.00 32. .BAKERY, Wholesale and retail, .each store $ 30.00 33. BALL ROOMS FOR PROFIT $ 100.00 34. BANKS, (NATIONAL & STATE CHARTERED), SAVINGS & LOAN ASSOCIATIONS (per Section 5219 Revised Statutes 12 U.S.C. 548) ~ 200.00 35. BANKRUPTCY, CLOSING OUT, TRUSTEE SALE, See FIRE SALE 36. BARBER SHOPS, each $ 35.00 37. BATHS Public houses $ ~35~00 Turkish, Russian, vapor or steam $ 35.00 38. BEACH EQUIPMENT, (subject to bids to the City Council) 39. BEAUTY SHOPS $.~ 35.00 40. BEER & WINE (refer to Chapter 4 thi~ Code) 41. BIBLE, HOLY - SOLICITORS No fee. 42. BICYCLE SHOP, See RETAIL MERCHANT Repairs ~$' 40.00' Page 6 Ordinance No. 17-72 154-K 43. BILLIARD, POOL OR BAGATELLE TABLES for pro,it, each table $ 25.00 44. BIRDS, dealers in $ 30.00 45. BLACKSMITH SHOP, not pertaining to autos $ 40.00 46. BLUEPRINTING SERVICE, maps, plats, etc. $ 25.00 47. BOAT AGENCIES, ~EW/USED each lot, not to include repairs $ 50.00 48. BOATS FOR HIRE, fishing, cruising, or sightseeing (each boat) $ . 50.00 49. BOAT HOUSES, storage only $ 50.00 50. BOAT MARINAS, DOCKAGE, YACHT BASINS $ 50.00 51. BOILER, MACHINE SHOPS OR FOUNDRIES $ 40.00 52. BONDSMAN, BAIL BONDS $ 100.00 .53. BOOK, ~AGAZINE SOLICITORS, per week $ 25.00 Each helper $ 10.00 Interstate commerce, no fee 542' BOOKKEEPER/ACCOUNTANT, not C.P.A. $ 50.00 55. BOOTBLACK STANDS, each $ 10.00 56. BOOT & SHOE REPAIR SHOP $ 35.00 57. BOTTLING WORKS $ 50.00 58,' BROKERS, stocks, bonds, mortgages $ 150.00 Customs and others $ 375.00 59.' ..BUILDING & LOAN ASSOCIATIONS, See BANKS 60. BURGLAR ALARM COMPANY $ 40200 61. BUS STATION, intrastate business only $ 50.00 62. BUSINESS COLLEGE, TRADE SCHOOLS $ 50.00 63. BUSINESS OFFICE, (Separate from base) $ 50.00 64.~ BUTCHER SHOP $ 30.00 65. CABIkq~T SHOP $ 50.00 66. CANNING & MARMALADE MANUFACTURER $ 50.00 67. CARD WRITING, CUTTING & ENGRAVING $ 30.00 68. CARPET & RUG CLEANING, each location $ 35.00 69. CATERERS, fixed base and/or mobile, each truck $ 25.00 70. CHEMICAL COMPANIES, See MANUFACTURER 71.' CHRISTMAS TREE SALES, Season only, each lot $ 10.00 72. CIGAR MANUFACTURERS, See MANUFACTURER Page 7 Ordinance No. 17-72 154-L 73. CITRUS FRUITS & ~GETABLES Retail, see ~RCt~NT 74. CLAIM & COLLECTING AGENCIES $ 40.00 75. CLEANING, PRESSING, DYEING, see LAUNDRIES 76. CLOTt{ING, second band dealers $ 75.00 77. COLD DRINK STAND, See MERCHANT 78. COIl) STORAGE, All types- $ 50.00 79. COMMISSION MERCHANTS Handling shipments (other than specifically provided for herein) on a commission basis $ 50.00 80. CONCRETE READY-MIX PLANT. $ 65.00 81. CONTRACTORS (a) General $ 110.00 (b) Engineering Contractor (includes bridge, bulkheading, drainage, excavating, sewer construction, dredging, irrigation systems, pile driving, sea walls, sidewalk, street grading and paving and similar contract work $ 110.00 · ' (c) -Structural and reinforced iron and steel $ 70.00 (d) Sub-contractors and others as listed: Concrete, stone , brick ) Electrical ) Heating & Ventilating ) House movers ) Masons ) Plasterers ) Roofing ) $ 60.'00 Sheetmetal & tinsmith ) Septic tank ) Tile ) Well drilling ) Floor sanding & finishing ) : Lathers ) Plumbers 82. ANY PERSON who shall accept orders to be engaged in the business of accepting orders .. or contracts on cost plus, fixed fee, stated sum, percentage basis or any combination thereof, or for compensation other than · wages for doing work on or in any building or structure requiring the use of paint, stone, brick, mortar, cement, wood, struc- tural steel or iron, sheet iron, metallic piping, tin, lead or any other building mat- erial; or to do any paving or curbing on sidewalks or streets, on public or private property, using asphalt, brick, stone,cement or wood or any combination; or to excavate for foundations or any other purpose, or to construct sewers, septic tanks, docks, drive piling, construct bridges, construct sea walls and .. bulkheads of any and all description~ and who is engaged in the business of building, remodeling, repairing, razing or moving, whether it be by contract, fixed fee or sub- let, percentage or any combination thereof, Page 8 Ordinance No. 17-72 154-M or for compensation other 'than wages, shall be deemed to be a contractor within the meanin9' of this chapter. 83. CONCRETE PRODUCTS, See ~-~JFACTUF~R 84. CONVALESCENT HO~, (not sanitarium) Ch. 400.04 $ 50.00 Florida Statutes, Zoning, State Bd. of IIeaith. 85. COSTUME, CLOTHING RENTAL $ 30.00 · 86. CREDIT BUREAUS $ 30.00 87. CUSTODIAN SERVICE, Home, Office, Building $ '30.00 _ D 88. DAIRIES, Milk distributors, jobbers or creameries delivering milk, each truck $ 35.00 ~89. DANCE HALLS, for profit $ 100.00 90. DANCING SCHOOLS $ 25.00 91. DATA PROCESSING, See PROFESSIONAL ~DEALERS IN SECOifD HAND FIREARMS 92~. This license shall be exclusive of all other license taxes $ 100.00 All second hand dealers shall keep a permanent record of all purchases and sales, including dates, description of property purchased or sold, names and addres-ses of persons purchasing or selling them. 93. DELICATESSEN $ 30.00 94. DENTAL TECHNICIAN, IABORATORY $ 75.00 95. DENTAL SUPPLIES $ 35.00 96. DEPARTMENT STORES, See MERCHANTS 97. DETECTIVE AGENCY, each location, (State certificate) $ 60.00 98. DOG & PET GROOMING $ 30.~00 Sale of supplies see MERCHANTS 99. DRESSMAKING, HEMSTITCHING (No stock carried) $ 20.00 100. DRUGS, Retail dealer, see MERCHANTS 101. DRY CLEANING, See LAUNDRIES 102. DYNAMITE DEALERS, Zoning, Police Dep't. O.K. $ 50.00 E 103. ELECTRIC LIGHT. & POWER COMPANIES $ 300.00 104. EMIGRANT AGENTS, including any agent, solicitor or recruiter, engaged in business of hiring, enticing or soliciting laborers or emigrants $200Q.00 105. EMPLOYMENT AGENCIES, EACh, (State Certificate) $ 50.00 Page 9 Ordinance 17-72 154-N 106. ENGRAVERS OR LITHOGP~APHERS $ 30.00 107. EXHIBITS, freaks or other curiosities, per week $ 150.00 108. EY~ORT AND/OR I~tPORT COMPANIES $ 50.00 109. EXPRESS COMPANIES, intra state only $ 75.00 110. EXTERMINATORS, (state certificate) $ 50.00 F 111. FEATHER RENOVATORS 0 $ 30.00 112. FERTILIZER MANUFACTURERS - MIXING PLANT $ '100.00 113. FIRE EXTINGUISHER SALES, SERVICE $ 50.00 114. FIRE & WRECK SALES, (When not conducted by bona fide business concerns previously established and doing business in the city,) of undamaged goods of such firm having damage by fire or wreck, each sale $ 100.00 115. FISH AND/OR POULTRY MARKET $ 30.00 116.: FISH PEDDLER, See PEDDLERS OF MERCHANDISE 117. FISHING TACKLE, See MERCHANTS 118. FLORISTS or DEALERS IN FLOWERS, each $ 35.00 119. FOOD LOCKERS - COLD STORAGE $ 75.00 120. FRUIT, VEGETABLE STAND $ 50.00 121. FRUITS, sold from trucks or moving vehicles, (subject to inspection by Health Dep't.~ $ 50.00 122. FUMIGATING, See EXTERMINATOR 123.' FURNITURE & HOUSE FURNISHINGS, See MERCHANTS G 124. GAS COMPANIES Distributing & selling gas through pipe lines $ 300.00 Selling Bottle gas $ 60.00 Gas tank wagon delivery only $ 60.00 125. GASOLINE & OIL DISTRIBUTORS Wholesale, storage facilities in the city $ 90.00 126. GOLF COURSES, EACH $ 100.00 127. GOLF DRIVING RANGE, each $ 35.00 128. GOLF, MINIATURE, each $ 35.00 129. GUARANTY OR SURETY TITLE COMPANIES $ 60.00 130. GUARD, Patrol service, See DETECTIVE AGENCY 131: GUNS, sales/repairs, See MERCHANTS Page 10 Ordinance No. 17-72 154-0 132. GYPSIES, Each ban~ or troop, per week, Police O.K. $ 300.00 H 133. HANDBILLS, See chapter 3-3 this Code 134. HARNESS & SADDLERYs See MERCHANTS 135. HOSPITALS~ SANITARIUM $ 100.00 136. HOTELS, APAR~NTS, ROOMING HOUSES, per room, excluding kitchens & bathrooms $ 1.50 137. ICE CREAM MANUFACTURERS $ 50.00 138. ICE CREAM PARLORS $ 25.00 139. ICE CREAM & SODA FOUNTAINS $ 25.00 140. ICE CREAM & SOFT DRINKS $ 25.00 141. ICE CREAM WAGON OR TRUCK, each $ 50.00 142. ICE MANUFACTURING and/or STORAGE, ~.. $ 100.00 i4~' INSECTICIDE, Manufacturers or dealers $ 50.00 144. INSURANCE ADJUSTERS $ 30.. 00 145. INSURANCE AGENCY " $ 35.00 For each company represented $ 35.00 146. INSURANCE AGENTS & SOLICITORS $ 15.00 147. INSURANCE, Baggage, each company represented $ 20.00 148. JINSURANCE, Casualty, life, hospitalization, industrial, burial, bonding & surety co~LDanies each $ 35.00 149. IMPORT, EXPORT, See EXPORT · ~ 150. INTERIOR DECORATOR, Advice only $. 40.00 151. INTERIOR DECORATOR,Sales & service, no stock. $0 40.00 152. INVALID & HOSPITAL SUPPLIES, See MERCHANTS J 153. JEWELRY, dealers buying & selling old gold , silver and other precious metals, or offer to buy & sell, (permanent records of all purchases and sales, including dates, description of property purchased and sold, names and addresses of persons purchasing or selling required] $. 125.00 154. JEWELRY STORE, See MERCHANTS 155. JOB PRINTING $ 35~00 156. JUICE STANDS $ 30.00 Page 11 Ordinance No. 17-72 154-P 157. JUNK SHOPS OR DEALERS, Ail junk dealers shall keep a permanent record of all purchases ~nd sales, including dates, description of property purchased and sold, names and addresses of persons purchasing from or selling to them. (license required whether or not sale or purchase or both, or solicitations are made) $ 50.00 K .. 158. KENNELS, ANIMAL, Approved location $ 50.00 1'59. KEY SHOP, LOCKSMITH & ASSOCIATED SERVICES, .See MERCHANTS 160. KNIFE, SCISSORS & TOOL sHARPENER $ 25.00 L 161. LAUNDRIES and/or DRY CLEANING PLANT Employing ten or less $ '60.00 Employing eleven to twenty $ 100.00 Employing twenty or more $ 125.00 162. LAUNDRY, Agent for out of town laundries $ 75.00 163'.' LAUNDRY, Local agency, permanent office $ 40.00 164. LAUNDRY, Self service $ 40.00 165. LAWN MAINTENANCE, Cutting, trimming, fertilizing $ 25.00 166. LAWN SPRAYING, State Bd. of Health certificate $ 40.00 167. LINEN and/or DIAPER SERVICE $ 40.00 168. LI. QUOR LICENSE, See Chapter 4, 169. LOAN, FINANCE,MORTGAGE COMPANY $ 75.00 170. LUMBER DEALERS, See MERCHANTS 171. LUNCH STANDS, Not over 25 chairs $ 30.00 M 172. MACHINE SHOPS (Not automobile) $ 40.00 173. MAIL ORDER BUSINESS $ 50.00 174. MAINTENANCE., Floor, home, office $ 30.00 175. MANUCURIST, each $ 10.00 176. MANUFACTURER $ 50.00 177. MARBLE & GRANITE WORKS $ 50.00 178. MASSAGE SALON $ 50.00 179. MASSEUR, MASSEUSE, each $ 30.00 180. MEATS, See BUTCHER SHOP Page 12 Ordinance No. 17-72 154-Q 181. M~NTAL HEALERS, Ali. persons claiming to heal by absent treatment, shall pay a license tax of $ 500.00 Provided that nothing in this clause sh~ll be construed as affecting any Christian Denomination who pray for the recovery of the sick. 182. MERCHANDISE, Second hand See SECOND ~ND DEALERS 183. MERCHANTS, DRUGGISTS &.STOREKEEPERS Retail and/or wholesale shall pay a license tax as follows: For the first one thousand dollars, or a fraction of one thousand dollars of stock of merchandise $ 25.00 For each additional thousand dollars or fraction thereof $ 2.00 Provided, that the words "stock of mer- chandise'' shall be held to mean the cash value of merchandise or goods on hand last January first, or for the applicants fiscal year, whichever being the higher, and not the amount of capital stock invested in the business. In the event that a license .. is issued for a business not operating on the preceding January first, then a license shall be issued for twenty-five dollars on a merchandise valuation of one thousand dollars. Inventory shall be taken sixty days after the issuance of the license and the license tax shall be computed on such inventory and what- ever additional tax, if any, is due, shall be paid at such time and a receipt shall be issued showing the payment of such amount. (Stock of merchandise or inventory to be checked with Personal Property Tax Return ;for accuracy.) .184. SMALL STANDS selling tobacco, cold drinks, candies & such sundries, having a stock of less than two hundred dollars, when no other license is paid, shall pay a license tax of $ 25.00 185. MESSENGER SERVICE, exclusive of telegrams $ 25.00 186. MIMEOGRAPH & LETTER SHOP $ 25.00 !87. MONUMENTS & TOMBSTONES $ 50.00 188. MOTION PICTURE THEATRES, Giving performances of moving pictures or other forms of entertainment, having a seating capacity of less than three hundred, shall pay a license tax of $ 75.00 From three hundred to five hundred $ 100.00 From five hundred to a thousand $ 150.00 Over one thousand $ 200.00 189. MOTORCYCLE DEALERS, Not to include repairs $ 40.00 190. MOVERS. See STORAGE 191. MUSICAL DEVICES, Operator of mechanically operated (whether operated in connection with or separate from any other business) $ 25.00 License or tag must be displayed on each machine. Page 13 Ordinance No. 17-72 154-R !92. ~SICAL DEVICES, Distributor $ 125.00 193. MUSICIANS, Street, with Police permit, each person per week $ 100.00 194. MUSIC TEACHERS $ 25.00 195. NEWSPAPER PUBLISHER Weekly or monthly $ 40.00 'Daily $ 60.00 196. NEWS COMPANIES, owners or managers of, shall pay a license tax of $ 50.00 197. NEWS STANDS, Owners or managers of, where daily and weekly newspapers or magazines, postcards, etc. are sold, shall pay a license tax of $ 20.00 198. NIGHT CLUBS, restaurants, dining rooms or other establishments whether floor show or other form of entertainment, exclusive of orchestra, is provided for guests $ 100.00 ( Beer and vinous beverages or liquor .. license required in addition) '19'9. NOVELTY WORKS, See MANUFACTURER 200. NURSERY, Shrubs, trees, plants and/or landscaping $ 50.00 201. NURSING HOME, See CONVALESCENT HOME O 202. OFFICE MACHINE REPAIRS, See REPAIR SHOP .2~3. OIL, See GASOLINE ~ 204. OIL, Peddlers of oil or kerosene at retail each vehicle $ 40.00 205. ORANGE JUICE STANDS, See JUICE STANDS P 206. PAINT MANUFACTURER, See MANUFACTURER 207.. PARCEL DELIVERY, Each vehicle $ 30.00 208.. PAWNBROKERS, $ 500.'00 .209. PEDDLERS OF MERCHANDISE Not otherwise enumerated specifically herein, shall pay a license tax per day of each person $ 10.00 Peddlers who are not producers of the product ~. they sell and who peddle from house ·to house -~ the products of the farm, grove or waters, shall pay a license tax per day of, each person $ .10.00 Peddlers, hawkers or vendors engaged in the occupation of selling products such as fruit, eggs and vegetables and farm products from wagon, push cart or other vehicle, shall pay a license tax of, each vehicle $ 50.00 Page 14 Ordinance No. 17-72 154-S (This provision in respect to produce shall. not apply to persons selling products of own fa rm) Peddlers, hawkers, vendors, agents or solicitors soliciting business for out of town business .houses or enterprises not maintaining place of business in city pro- viding howeve~ that this provision does not apply to wholesalers dealing exclusively with retailers $ 75.00 Traveling stores, dry goods, groceries, clothing, boots and shoes, on foot $ 100.00 By vehicle $ 150.00 210. 'PET SHOP and/or GROOMING, See DOG & PET GROOMING 211. PHOTO PROCESSING, FILM DEVELOPING $ 40.00 212. PHOTOGRAPHERS, $ 40.00 '213. PIANO TUNERS $ '30.00 214. PICTURE AGENTS, $ 75.00 215. PLANING MILLS, Not connected with sawmills $ 40.00 21 1 P A ING WITH. TALS $ 40.00 217. PORTABLE TOILETS $ 50.00 .218. POPCORN and/or PEANUT STANDS $ 25.00 219. POSTCARD STANDS, only $ 15.00 220. POTATO CHIPS, See MANUFACTURER 221. PRINT SHOP and/or PUBLISHING $ 35.00 $22. PRIVATE SCHOOL, See SCHOOLS 223. PROFESSIONAL (a) The following practitioners are classed as professional, and each person engaged in the practice of any such profession other than persons receiving only a salary or wage by a licensed practitioner in this city, is required to take out a professional license: Accountants & Auditors ) Attorneys and Lawyers ) Chiropractors ) · .. Chiropodists ) Business Consultant ) Data Processing ) Dentists ) Draftsman ) 'Engineers, Civil, Consulting ) Architects ) $ 75.00 Architect, Landscaping ) Chemists ) Opticians ) Optometrists ) Osteopathic Physicians ) Physicians ) Research lab. or office, for profit ) Page 15 Ordinance No. 17-72 154-T Surgeons ) Tax Consultant ) Psychiatrists ) Veterinaries or Veterinary ) Surgeon ) Other professions not classified ) (b) For each additional partner or person operating with the person licensed in the preceding clause, other than the professional employees $ 30.00 224. PROMOTERS, Entertainment, sports or contests $ ~00.00 .225. PUBLIC HALL FOR HIRE $ 50.00 226. PUBLIC STENOGRAPHER $ 20.00 1227. PUBLISHING COMPANY, (Books, directories, etc.) $ 50.00 R .228. RADIO COMMUNICATIONS $ 35.00 229. RADIO REPAIR SHOP, See REPAIR SHOPS .230. RADIO SUPPLIES, Wholesale $ 35.00 231. RAILROAD COMPANIES, each ' $ 150.00 232. REAL ESTATE AGENCY OR BROKER $ 40.00 Solicitor or salesman working for broker $ 15.00 BRANCH OFFICE $ 25.00 233. REDUCING SALON $ 50.00 234. RENTAL EQUIPMENT, Ail types $ 30.00 .235. REPAIR SHOPS, each $ 40.00 236. REPAIRS FROM TRUCK OR OTHER VEHICLE $ 40.00 237. RESTAURANTS, if dancing permitted, see NIGHT CLUBS Cafes and public eating places (whether food is served in connection with or separate from other business, except dining rooms in connection with hotels): Capacity 1 to 15 persons $ 25.00 Capacity 16 to 50 persons $ 40.00 Capacity 51 to 100 persons $ 75.00 Over 100 persons $ 125.00 238. RESTAURANT, Drive-in, no inside seating, First twenty-five spaces $ 35.00 Each additional drive-in space $ 2.00 239. RETIREMENT, REST HOME, See CONVALESCENT HOME 240. RINKS, Bicycle, skating or other $ 100.00 241. ROOF TRUSSES, See MANUFACTURER 242. RUG CLEANERS $ 35.00 Page 16 Ordinance No. 17-72 154-U S 243. SAND, GRAVEL, MUCK, etc. hauling Not a dealer, deliveYy only, each truck $ 45.00 244. SAW MILL YARD $ 50.00 245. SCHOOLS, See Chapter 29-4, City Code Private school $ 50.00 Nursery and/or' kindergarten, 1 to 15 pupils $ 20.00 Over 15 pupils $30.00 246. SECOND HAIfD DEALERS In goods, wares and merchandise, second hand or otherwise, known as second hand dealers (exclusive of fire arms-See "dealers in second hand fire arms" and second hand clothing). All second hand dealers shall keep a permanent record of all purchases and sales, including dates, description of property purchased or sold, names and addresses of persons purchasing or selling them. Provided, however, that the business shall be adequately housed inside a substantial store building and provided: · ' That. before any person shall sell or be engaged in the business of selling goods, wares, merchandise or other personal property, such sales being advertised as bankrupt, in- solvent, insurance, assignee, trustee, auction, syndicate, railroad or other wreck,, wholesale, manufacturer's or closing out sale, or as goods damaged by smoke, fire, water or otherwise, such person shall file an application with the City Council, which application shall be passed on by the City Council and a license tax be paid of, $ 250.00 247. ~EED STORES, Wholesale & retail, See MERCHANTS 248. SHIP BROKERS $ 200.00 249. SHOEMAKER & REPAIRS $ 35.00 250. SHOOTING GALLERY, with Police permit, not to be operated after 11:00 P.M. $ 75.00 251. SIGN PAINTERS Commercial but not erecting $ 35.00 252. SKATING RINK, EACH RINK $ 200.00 253. SODA OR MINERAL WATER FOUNTAINS $ 25.00 254. SOLICITOR, See PEDDLERS OF MERCHANDISE 255. SPORTING GOODS, See MERCHANTS 256. STAMP and/or OLD COIN DEALER $ 50.00 257. STORAGE WAREHOUSE OR ROOM $ 60.00 T 258. TAILORS, each $ 25.00 Page 17 Ordinance No. 17-72 154-V 259. TAX AGENCY_, See PROFESSIONAL 260. TAXIDERMIST, or agents for, in addition to other license $ 40.00 26i. TAXIS, FIRST VE~HICL? $ 50.00 Each additional vehicle $ 25.00 262. TELEGRAPH COMPANIES, each with teletype machines (intrastate business only) $ 150.00 Branch office $ 75.00 263. TELEPHONE ANSWERING SERVICE $ 30.00 264. TELEPHONE SOLICITATION-See Ch. 18, Article 2 $ 50.00 265. TELEPHONE SYSTEMS AND COMPANIES (Intrastate business only) $ 300.00 266. TERMITE CONTROL COMPANIES $ 50.00 267. THEATRICAL DIRECTORS, who charge for services in directing local talent plays or performances, each performance $ 25.00 268. THEATRICAL OR DRAMATIC GROUPS OR COMPANIES · ' for profit, where performance is not given in local licensed theatre, each performance $ 30.00 269. TOWEL, DIAPER, UNIFORM SUPPLY CO. $ 30.00 270. TOWING SERVICE, See AUTOMOBILE 271. TRADE SCHOOLS $ 35.00 272. TRADING STAMP COMPANIES $ 500.00 273. TRAILER, TRUCK RENTAL $ 30.00 274. TRAVEL BUREAUS $ 50.00 275. TRAVELING MOVING PICTURE SHOWS Each, per day $ 40.00 276. TREE PRUNER, (Must have insurance) $ 25.00 277. TRUCKS, Motor driven, also doing freight transportation, hauling or transfer business for profit, except where other licenses are paid in conducting business, each, not more than 1 ton capacity $ 25.00 · Not more than 2 ton capacity $'~ 30..00 Not more than 3 ton capacity $ 35.00 More than 3 ton capacity $ 45.00 (Does not apply to trucks owned by the city, state or county) U 278. U-DRIVE-IT-CARS, See AUTOMOBILE 279. UNDERTAKERS, EMBALMERS & FUNERAL DIRECTORS $ 125.00 280. [~IFOP~! SUPPLY, See, TOWEL, DIAPER, UNIFORM SUPPLY CO. 281. UPHOLSTERER $ 35.00 Page 18 Ordinance No. 17-72 154-W V 282. VENDING MACHIME~ See AUTOCRATIC TRADE MACHINES 283. VENETIAN BLINDS, repair, installation and associated s~rvices $ 50.00 284. VULCANIZING, each place of business $ 30.00 W 285. WATCH REPAIRING ° $ .25.00 286. WATER, sold in bottles, see BOTTLING WORI(S 287. WATER COMPANIES, PERSONS OPERATING SAME $ 100.00 288, WATER SOFTENING SERVICE $ 50.00 289. WEIGHING MACHINES, See AUTOMATIC TRADE MACHINEs 290. Wq~EEL CHAIR RENTAL, See INVALID 291. WINDOW CLEANING $ 30.00 29~. WOOD YARD ~$ 20.00 293. WRECKER SERVICE, See AUTOMOBILE 294. EvERy BUSINESS, OCCUPATION, PROFESSION not specifically set forth herein $ 50.00 Sec. 16-12. Vehicle to display business name, address; penalty for violation. (a) It shall be unlawful to operate, park,.stand- or use upon any public street any commercial vehicle, unless said vehicle is designated by. lettering of four inches minimum size on either side indicating the name of the firm or the name of the corporation or person operating the same for commercial use. (b) Any person, firm or corporation who violates,. disobeys, omits, neglects or refuses to comply with the provisions of this section shall be fined twenty-five dollars ($25.00). Each day a violation exists shall constitute a separate offense. SECTION 2. Should any section or provision of this ordinance or any portion thereof, or any paragraph, sentence or word be de-. clared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or any part hereof, other than the part declared to be invalid. SECTION 3. This revised edition of Chapter 16, Code of Ord- inances, City of Delray Beach, Florida to take effect with the licenses issued for the next regular licensing period, beginning October 1, 1972 Page 19 Ordinance No. 17-72 154-X Passed in regul~r session on the second and final reading on this the 14th day of August, 1972. ATTEST: 'city' Clerk First Reading July .24, 1972. Second Reading Augus...t 14, 1972. Page 20 Ordinance No. 17-72 154-Z ORDIN~3.~CE NO. ] 8-72 AN ORDI~ABICE OF THF, CI~ C. OU~ICIL OF THE Ci%~ OF DEL~Y BEACH, FLORIDA~ ~EXI~G TO T!~ CI~ OF DELP~%Y~=-,,.~n:~u, CEF.~AIN EJ~DS LYING THE SOU?HWEST QU~,TER (b~ ~) OF SLCS:ION 12, TO'SHIP '~t6 SOUTH, ~NGE 42 EAST ALSO POI{TIONS OF ~ ~Dk ~OkD ~ND B~WICI( RO~, t~ICH LkNDS ~E CO~TIGUOSS TO EXISTING ~NICIP~ LIMITS OF SAID CITY; REDEFINING THE BOUND~IES OF SAID CI~ TO INCLUDE SAID :DS; PRO~ I- ~.:G FOR T~ · ~IGHTS ~D OBLIGATIONS OF SAID L~:DS; .~D PRO- VIDING FOR T~ ZONING T~REOF. ~R~S, IRVING SUSS~~, Trustee, is the fee simple owner of the lands hereinafter described; and, ~R~S, ~T~R R. SPROTT, 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, W~REAS, the City of Delray Beach has heretofore been auth- orized to annex lands in accordance, with Section 185.1 and Section 6A (4) of the City Charter of said City granted to it by the State of Florida; and, W~R~S, the annexation of these lands hereinafter' first described in the R-~ Single Family Dwelling District, has been reco~ended by the Planning and Zoning Board in action taken at its meeting held on June 20, 1972; NOW, T~REFORE, BE IT O~AINED BY T~ CI~f COUNCIL OF T~ CI~ OF D~Y B~CH, FLORIDA, AS FOLLOWS: Section 1. That the City Council of the City 0f 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 North Half (N.%) of the Southwest Quarter (S.W.~) of Section 12, Township 46 South, Range 42 East~ Palm Beach County, Florida, less the East 40 feet thereof, and less the West 50.0 feet thereof, and less the South 40.0 feet thereof, containing approximately 81 acres. ~SO, portions of Lake Ida Road and Barwick Road as now laid out and in use described as follows: That part of Lake Ida Road lying West of West right-of- way line of Barwick Road and East of East right-of-way line of State Road 809, also known as Military Trail; said portion of Lake Ida Road lying in Section. 12, To, ship 46 South, Range 42 East;. and That part of Bar~ick Road, lying North of North right-of- way line of Lake Ida Road and South of South line of Section 1, (also being the North line of Section 12), Township'46 South, Range 42 East, said portion of Barwick Road lying in Section 12, To, ship 46 South, Rang'e 42 East. 154-AA Section 2. That the ~ - - -~ - Dound~.~e$ of the City of Delray Beach, Florida are hereby redefined so as to include therein the above described tracts of land, and said lands are hereby declared to be within the corporate limits of the City of Delray Eeach, Flo~~ ida. Section 3. That the lands first described are hereby declared to be in Zoning District R-lA as defined by existing ordinances 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, obligations, ii. abilities, 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 in regular session on the second and final reading on the day of , 1972. MAYOR ATTEST: City Clerk First Reading July 24. 1972 Second Reading August 14, 1972. Ordinance No. 18-72. 154 -B]~ OI{D!NANCE NO. 20-72 SECTION 28, ;J'OWNSI.I!P d.6 SOUTH, "- ;' "'-"~': u ,:,,,?;o 43 EAST, 1 .... .~.> ARE '--:,~m ~, Tc. , ......... . ,.,I:.~.To OF SAID CITY; c' ~ TO SA !D BOUNDARIES OF SAID ~ITY INCLUDi~ ~ANDS; O~.~.,.. Gz~ zI.~NS OF SAID PROVIDING FOR TilE. RIGHTS .~ND z..Om._~., J THEREOF LANDS; AND PROVIDING FOR THE" .... ~"6' . ~AS, Samuel A. Kop].in and LaVerne 24. Iiop!in, his wife, are the fee simple owners of the property hereinafter described, and ~EREAS, Samuel A. Koplin and La'Verne M. Koplin, his wife, by their petition, have consented and given permission for the annex- ation of said property by the City of Delray Beach, and ~E~AS, 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 ~E~AS, the annexation of these lands, in the ~-iA Multiple 'Family ~elling District has been recommended by the Planning and Zoning Board in action taken at its meeting held on July 18, 1972. NOW, THEREFOr, BE IT ORDAI~D BY THE CITY CONqCIL OF T~ CITY OF DEL~Y BEACH, FLORIDA, AS FOL~WS: SECTION 1. That the City Council of the City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the follow- ing described tract of land located in Palm Beach County, Flcrida, which lies contiguous to said City. to-wit: That part of the North 120 feet of South 2420 feet of Section 28, Township 46 South, Range 43 East (measured at right angles to the East and West Quarter section line through said Section)' of that part of said Section which lies north of the East and West Quarter section line through said section and lies East of the Easterly boundary line of State Road A1A. SECTION 2. That the boundaries of the City of Delray Be~ch, Florida, are hereby redefined so as to include therein the above described tract of land and said land is hereby declared to be within the corporate limits of the City of De~'- ~_ay Beach, Florida, SECTION 3. That the tract of land ber~~'-. ~_~oove described is hereby declared to be in Zoning District ~4-].A as defined by exist- ing ordinances of the City of Delray Beach, Florida. SECTION 4. That the land hereinabove described shall immedi- ately become subject to all of the franchises, privileges, immuni- ties, debts, obligations, liabilities, ordinances and l~ws 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, clnuse, 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 14 day of August, 1972. x o ,/ ATTEST: City Clerk Pirsk Re,ding. at:Iv 2.t}~' ~972 . Second ~,-:~ -~ Auntls~ 1.4, 19 72. 154-CC ORDINANCE NO. 19-72. AN ORDINANCE OF T[~E CITY OF DEL~Y BEACH, FLORIDA, REP~L~Li[NG' OF~DINANCE NO. G-225 AS AMENDN~, AND A~NDING PORTIONS OF SOUTHERN Sr£A~ARD BUiIDING CODE, AS ADOPTED, IN C[LAPTER 9, SECTION 9-1 OF THE CODE OF ORDINANCES OF THE CI'~~ OF DELRAY BEACH, FLORIDA. WHEREAS, the Contractors Board of Examiners, a committee of local architects and the Chief Building Official have reviewed the Southern Standard Building Code and recommended that Ordinance No. G-225 as amended be repealed and the following amendments and additions to the Southern Standard Building Code be adopted; and, WHEREAS, the City Administration concurs with the recommenda- tions of the Contractors Board of Examiners, a committee of local architects and the Chief Building Official; and, WHEREAS, the City Council of the City of Delray Beach, deems it to be in the best interests of the citizens of Delray Beach to make the changes recommended; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRA¥ BEACH, FLORIDA, AS FOLLOWS: Section 1. That Ordinance No. G-225, as passed and as later amended, is hereby repealed in its entirety and of no effect° Section 2. That Chapter 9, Section 9-1.2 "Amendments to the Building Code", Section 9-6.1 "Concrete and Masonry Floor Levels Above Street Crown", Section 9-6.2 "Wood Framing and Floor Clearance Above Ground Surface", and Section 9-6.4 "Sections 9-6.1 through 9-6.3 Applicable to Residential Construction only" are hereby repealed and of no effect. Section 3. That certain Sections of the Southern Standard Building Code, as adopted by Chapter 9, Section 9-1 of the Code of Ordinances of the City of Delray Beach, Florida, are hereby amended, and added to in the following sections and are to be codified as Section 9-1.2: "Sec. 9-1.2 Amendments and Additions to 1969 Edition of the Southern Standard Building Code including the 1971 revisions. Sec. 105.3 DRAWINGS AND SPECIFICATIONS (c) All drawings and specifications for residences of $20,000. or more in value and commercial buildings of $5,000 or more in value and all buildings used for the mass assembl- age of the public shall bear the signature and seal of an architect or engineer, registered in the State of Florida, and shall bear the name of the owner or his agent. building under the jurisdiction of the Florida State Hotel Commission shall be designed by a registered architect. Sec. 105.4 PLOT DIAGRAM (a) Before a building permit shall be issued, the building department shall be supplied with the following: (1) Drawings to scale showing the location of the propos- ed building or structure and of every existing building or structure on the site or lot. 154-DD (2) A certified sketch prepared by a Florida registered land surve~or or a ~'lorida registez'ed engineer, showing the boundary line survey of said lot or site and existing buildings and/or str~lcturcs, if any. (3) Unity of Title Declaration. When it is found neces- sary in order to obtain a building site of sufficient size and dimension to meet the minimum yard requirements, set- back distances or plot area applieab!e thereto, that separate lots, plots, parcels or portions thereof must be combined, added or joined to t'he whole or portion of any other recorded lot, parcel, or acreage, the applicant for such building permit shall first plece on file or record as a public document in the official records in the _ office of the Clerk of the Circui~ Court of Palm Beach County, an instrument hereinafter referred to as a Unity of Title Declaration. Such Unity of Title Declaration shall be in a form and content sufficien~ to unequivocally state that t'he aforesaid combination of separate lots, plots, parcels, acreage, or portions thereof shall be regarded as unified under one title as an indivisible building site. Where a unity of Title has been recorded and the owner abandons the project before utilizing the unity of Title, the Building Official is authorized to release the Unity of Title. (b) Before slab inspection or prior to framing, the Building Department shall be supplied a certified sketch by a Florida registered land surveyor or a Florida registered engineer showing setback distances from each property line to the stem walls or sills of the building or structure under construction. The Building Department shall be furnished by a Florida registered engineer or land survey- o~ a certificate stating the fact that the floor slab is six feet (6') above mean sea level measured to the top of the concrete slab which will be a minimum of eighteen inches (18") above the crown of the road or measured to the bottom of the wood joists which will be a minimum of eighteen inches (18") above the crown of the road. (c) Any violations existing at this stage of construction must be corrected before the construction may proceed and before other inspections are made. Sec. 106.3 .~ONDITIONS OF THE PERMIT (a) The Building Official shall act upon an application for a permit with plans as filed, or as amended, without unreason- able or unnecessary delay. A permit issued shall be con- strued to be a license to proceed with the work and shall not be construed as authority to violate, cancel, alter or set aside any of the provisions of this code, nor shall such issuance of a permit prevent the Building Official from thereafter requiring a correction of errors in plans or in construction, or of violations of this code. Any permit issued shall become invalid unless the work author- ized shall have been commenced within six (6) months after its issuance, unless twenty-five per cent (25%) of the total cost of the construction has been completed within one year after the date of the first city inspection or if the work authorized by such permit is suspended or abandoned for a period of six (6) months after the time the work is conm~enced; grading and such improvements as streets, sewers, and water mains are not included in the definition of construction. - 2 - Ordinance No. 19-72 154-EE (b) The contractor shall submit an affidavit to the Building Official affirming 'that the twenty--five per cent (2571) rule has been comQ].ied with no later 'than twelve (12) calendar months after the date of tile first city building inspection if a certificate of Occupancy has not been issued. For cause, one or more extensions o~ time, for periods not exceeding ninety (90) days each, may be allow- ed in writing by the Building official. Sec. 107.4 REINSPECTION FEE (d) A fee of $8.00 will be charged for each reinspection due to the work being condemned, not being ready or corrected at the time specified in the application for inspection or incorrect address being on the application by actiOn of the applicant. Sec. 412.4 FIRE-RESISTANCE R~TING OF SEPARATION (a) The minimum fire-resistance of constructions separating any two occupancies in a building of mixed occupancy, shall be the higher rating required for the occupancies being separated, as specified below: MINIMUM REQUIREMENTS Group A Residential 1 Hr. fire-resistance, separation Group B Business 1 Hr. fire-resistance, separation Group C School 2 Hr. fire-resistance, separation Group D Institutional 2 Hr. fire-resistance, separation Group E-1 Large Assembly 4 Hr. fire-resistance, separation Group E-2 Small Assembly 2 Hr. fire-resistance, separation Group F Storage 4 Hr. fire-resistance, separation Group G Industrial 2 Hr. fire-resistance, separation Group H Special Hazardous 4 Hr. fire-resistance, separation (b) A separation between a private garage and any occupancy shall be the minimum fire-resistance specified above for the occupancy except in the case of a one or two-family dwelling, no fire-resistance separation shall be required. No separation shall be required between a Sunday School room or rooms, and a Church Auditorium of Group E-2, Small Assembly. * For materials and assemblies to provide the required fire-resistance, see Chapter X and Appendix B. Sec. 505 AUTOMOTIVE SERVICE STATIONS (d) (1) Permit required when capacity over 300 gallons. It shall be unlawful for any person to install, place, locate, bury, erect or maintain, or to aid or assist in the instal- lations, placing, locating, burying, erecting or maintain- ing any tank designed or intended to be used for the storage of any liquid commonly used for fuel, such as gasoline, kerosene, diesel oil or like substances, having a total capacity of over 300 gallons, upon any property or pre- mises within such city, unless there first be secured from the City Building Official a written permit. (2) Information to be furnished by applicant for permit. It shall be the duty of an applicant for such a permit to furnish ~itten application to the Building Official, accompanied with payment of a fee in the sum of $10.00 to - 3 - Ordinance No. 19-72 154-PF cover the cost of investigation, which application shall Show t!:e following information: (a) The name and{ address of the applican~.~ (b) The name and address of the owner of tNe premises. (c) 5q~e legal description of the premises and its street !oca%ion. (d) 5%e zoning district which such property is located. (e) A sketch showing the exact proposed location of the tank upon or under the premises; also the exact location of any other existing tanks upon or under the premises. (f) The size, type, construction, capacity and purpose of the proposed tank and any other existing tanks. (3) Type, construction design and installation to meet regulations of National Fire Underwriters Laboratories. The location, design, construction and installation of all such tanks must. comply with all ordinances of the City of Delray Beach, including all zoning, building code regula- tions and Fire Code. In addition, the type, construction, design and installation thereof must conform strictly to the rules and regulations of the National Fire Underwriters Laboratories. (4) Permit refused when Fire hazard increased or ordinance violated. No permit shall be granted where a violation of any City Ordinance is involved or where the Building Official determines the operation or maintenance of any such pro- posed tank would unduly increase the fire hazard of the surrounding neighborhood or property, or where the public safety or welfare is jeopardized. " (5) This ordinance shall not be construed to require a carrier to obtain a permit for the transportatior of storage tanks or for the storage of same pending delivery to the consignee, or to require a manufacturer or dealer in such tanks to obtain a permit in order to display the same for sale or where not used for the storage of any liquid commonly used for fuel. (e) Eighteen thousand (18,000) gallon storage limit. It shall be unlawful for any person to construct or install within the City of Delray Beach facilities for storage of more than eighteen thousand (18,000) gallons of gasoline at, upon or under any one gasoline filling stati'on or gasoline service station site, and no permit shall be granted where the applicant contemplates storage facilities in excess of the provisions of this section. (Ord. Noo 37-69, ~ 1, 10-13-69) (f) All aboveground storage tanks over 300 gallon capacity now in use shall not be replaced but the replacement shall - be installed with underground storage tanks. (g) All bulk storage plants shall use underground storage tanks only regardless of capacity. Sec. 706.3 CLASS 2 ROOF COVERINGS Class 2 Roof Coverings shall include the following: corrugated iron sheets, galvanized iron sheets, galvanized iron shingles, sheet copper, galvanized iron, asphalt asbestos felt shingles, asphalt asbestos roll roofing, and asbestos cement shingles. A two and one- half (2 1/2) inch in twelve (12) inch pitch may be used with two hundred thirtyrfive (235) pound asphalt shingles. Sec. 711 GUTTERS AND LEADERS (a) Gutters and leaders hereafter placed on buildings other - 4 - Ordinance No. 19-72 ~54-GG than one or two-family ~.wei!ings, private garages, or buildings of Type VI, wood frame construction, shall be of noncombustible material. (See section 1406 for .Parapet Wall relief opening requirements.) (b) The water from the roo£ of any building which would flow by gravity over a public sidewalk shall be carried by means of conductors under the sidewalk and through the curb into the gutter, provided, however, that if a storm sewer or catch basin is available, the Building Official may require the roof drains to be connected to the storm sewer. Sec. 714 COOLING TOKrERS (a) Cooling towers in excess of two hundred and fifty (250) square feet in base area or in excess of fifteen (15) feet in height, when located on buildings more than fifty (50) feet in height in or out of the Fire District, shall be noncombustible construction; except that drip boards may be of wood not less than one (1) inch nominal thickness and the enclosing framework may be of wood, if covered on the exterior of the tower with noncombustible material. Cooling towers shall not exceed one-third (1/3) of the supporting roof area (b) Positive provision shall be made for adequate disposal of bleed water overflow and maintenance draining or properly designed drywells. All cooling towers shall be sited or constructed to prevent any nuisance due to spray, spatter, foaming drainage or excessive noise or the like on or to any building, walk, alley, or street, or the public in general. When after erection such nuisance is found in the opinion of the Building Official to occur, it shall be abated within a period of 90 days. \ · Sec. 902.3 STA~IDPIPES REQUIRED Buildings shall be equipped with standpipes as follows: (1) Buildings exceeding twenty-three (23) feet measured from the highest finished grade to the ceiling of the highest floor. (2) In Group E-l, Large Assembly Occupancies, a stand- pipe outlet with hose attachment shall be provided on each side of the rear of the place of assembly, on each side of the rear of each balcony and gallery, on each side of the stage, on each tier of dressing rooms, and within fifty (50) feet of all property rooms, storerooms and workrooms. See Section 512.15. (3) In Group D, Institutional Occupancies exceeding twenty-three (23) feet measured from the highest finished grade to the ceiling of the highest floor. (4) Hotels, motels, apartment buildings and commercial buildings exceeding twenty-three (23) feet measured from the highest finished grade to the ceiling of the highest floor, exempting apartments constructed as %~fpe I, II, III and IV, as defined in the Southern Standard Building Code, of three (3) stories or less, having an exterior opening corridor, with a maximum of one hundred (100) feet from unit entrances to exterior stairs. Sec° 1126 FIRE ALARM (a) A manual fire alarm system shall be installed in all the following buildings unless the building is equipped with -- 5 Ordinance No. 19-72 154-HH an automaSic fire alarm system or an automatic sprinkler sys tern: (1) Group E, assembly having capacity of one thousand (1,000) pcrsons~ Group C, schools, hospital, s, sanitariums and nursing homes, 'hotels having accomodations for fifteen (15) or more guests, apartment houses exceeding twenty- three (23) feet measured from the ]highest finished grade to the ceiling of the highest floor (exempting apartments constructed as Type I, II, III and ~'[V, as defined in the Southern Standard Building Code, of three (3) stories or less, having an exterior open corridor, with a maximum ~f one hundred (I00) feet from unit entrances to exterior stairs), dormitories, lodging or rooming houses having more than twenty' (20) sleeping acco~u~odations; Group B, business buildings having a total occupancy of five hundred (500) or more persons or more than one hundred (100) persons above or below the street floor; industrial occupancies of buildings over one (1) story in height and having a total capacity of five hundred (500) persons or more above or below the street level, and buildings of Group H, hazardous occupancies. (2) Manual fire alarm boxes shall be provided and used only for fire protection signaling purpose. (3) Each box shall be securely mounted not less than four and one-half (4 1/2) feet or more than six (6) feet from floor level, and shall be distributed throughout the pro- tected area so that they are unobstructed, readily access- ible and located in the normal path of exit. (4) One alarm box shall be provided on each floor. Addi- tional boxes shall be provided on each floor to obtain a maximum horizontal travel distance of two hundred (200) feet to the nearest box. (5) An indicator panel shall be provided on main floor ~in area of office of lobby, readily accessible and visi- ble at all times. Sec. 1203.2 ROOF LIVE LOAD (a) Where the rise is less than thirty degrees (30°) roofs shall be designed for a vertical live load considered as wind of not less than thirty (30) pounds per square foot of horizontal projection applied to any and all slopes; when the rise is greater than thirty degrees (30°) the roof shall be designed for wind load only. (b) Design requirements for wind pressures shall be as specified in Section 1205.3. (c) Roofs intended for use as floors shall be designed for the floor live load, determined by the intended occupancy, Section 1203.1(a). (d) The foregoing provisions of this section shall not apply to glazed greenhouse roofs. Sec. 1302.3 FOOTING DESIGN (d) For frame buildings, constructed on solid original ground, concrete piers and footings or poured concrete footings with masonry (solid or concrete filled) piers for interior supports may be used, or if preferred, continuous masonry and concrete footings and foundations constructed as shown in T~ble of Minimum Allowable Dimensions - Foundation Walls and Footings: - 6 - Ordinance No. 19-72 154-II MINIMUM ALLOWABLE DI~,~ENSIONS FOUI~DATION WALLS AL~ FOOTINGS Min. Depth below natural Rods min. Bottom grade to top 3" clear Thickness Width Height __of footing from bottcm Frame 2-story 8" 18" 10" 6" 3-No.4' Frame 1-story 8"** 16" 8" 6" 2-No.4 Masonry 2-story 8"*** 20" 10" 6" 3-No.5'~ Masonry 1-stor~ 8" *** 18" 10" 6" 3-No. 4* * One rod in top of footing ** 6" if of reinforced concrete poured monolithic with footings *** 12" to provide ledge for joist bearing where other than slab floors on grade are used. All exterior foundations shall form continuous walls; footings shall be at least 4" wider on each side than the walls next above them. When concrete blocks are used for foundation walls in frame buildings, footings and reinforcing steel are required as in Table of Minimum Allowable Dimensions herein. Blocks shall be bonded with 6" thick cap extending full width of blocks reinforced with two (2) No. 3 reinforcing bars. Anchor bolts shall extend through blocks to the footing ste 1. Hollow units shall be filled with grout in cells containing these anchor bolts. For all other types of buildings, footings and foundations shall be as follows: All exterior walls and interior bearing walls shall be supported on continuous masonry or reinforced concrete walls or footings, as listed in the following table must be of sufficient size and strength to safely support the loads imposed as determined by the character of the soil. Sec. 1405.0 HOLLOW UNITS (a) The minimum thickness of exterior bearing walls of hollow masonry shall be 8 inches. Masonry walls (including walls of plain concrete) shall be supported at such intervals that the wall panel within the vertical and horizontal supports shall not exceed two hundred fifty-six (256) square feet in area, provided, however, that for solid masonry walls the distance from center to center of vertical supports shall in no case exceed twenty (20) feet, and, for hollow walls of masonry or walls of hollow masonry units, such distance shall not exceed 16 feet. (b) Such lateral support shall be obtained by reinforced concrete columns at all corners and at intervals as speci- fied above, and by reinforced concrete tie beams below each tier of floor or ceiling joist and on top of all walls to form a coping. In one (1) story residential buildings the corner columns may be omitted. (c) Reinforced concrete columns specified in (1405.2) shall be not smaller than 8 x 12 inches and have not less than four 5/8 inch reinforcing rods with 1/4 inch ties spaced twelve (12) inches apart. (d) Reinforced concrete tie beams specified in (1405.2) shall be not smaller than 8 x 12 inches, and have not less than - 7 - Ordinance No. 19-72 154-J~ four 5/8 inch reinforcing rods, two at the top and two at the bottom. ~linimuin lap of steel s!~al], be 30 diameters. (e) Reinforced concrete coping beams specified in (1405.2) shall be not less than six (6) inches thick but not less than 64 square inches in cross section and shall have not less than two 1/2 inch reinforcing rods. Such beams shall be anchored to the tie beam immediately underneath with reinforced concrete struts not smaller than 8 x 12 inches having not less than four 1/2 inch reinforcing rods and placed one strut over each column. Coping beams shall be installed along the top of the rakes of gables if the area of the gable is fifty (50) square feet or more. (f) Masonry walls shall be thoroughly bonded and anchored at points where they intersect and where they abut or join the reinforced concrete or fire proofed steel framework of a building. (g) Piers and buttresses relied on for lateral support shall have sufficient strength and stability to transfer the wind forces to the ground. When walls are dependent upon floors for their lateral support, provision shall be made in the building to transfer the lateral force resisted by all floors to the ground. (h) Mortar used in masonry construction shall be cement mortar or cement-lime mortar. (i) Where columns carry concentrated loads the minimum size shall be 12" x 12". Sec. 1406.1 ROOF OUTLETS (d) Scuppers for roof outlets shall be a minimum of two (2) square inches for every one hundred (100) square feet of roof surface and an overflow of the same size shall be provided not more than two (2) inches above the roof deck. Scuppers shall be effectively screened against debris stoppage. Where leaders are carried down inside of the building, they shall be the same size as required for downspouts and shall he caulked cast iron, screw joint wrought iron water pipe, or copper pipe or plastic pipe. Sec. 1409.2 CHASES AND SLEEVES The maximum size pipe or plumbing stack permitted in an eight (8) inch exterior masonry wall shall be three (3) inches outside diameter. Sec. 1702.0 GENERAL Ail wood framing, furring, bucks, frames, sills, plates, or any and all other woodwork below the actual roof framing, coming in contact with masonry, whether the masonry is exterior or interior ' shall be approved wood of natural decay resistance or pressured treated wood. Sec. 1707.0 ROOF FRAMING AND SHEA~tING Roof framing and trussing shall be thoroughly and effect- ively braced. Roof joists or rafters when supported on a ribbon board, shall lap and be well nailed to the stud. At four (4) foot intervals rafters must be securely fastened to the supporting plate, masonry beam, steel beam or other supporting member by means of bolts, heavy perforated iron straps, joists anchors or similar tie down - 8 - Ordinance No. 19-72 154-KK device approved by the Building Official, with the end result to be that the building is effectivel{~ tied down from the rafters through the buiidinQ~ to the footings. Ali strap nailing shall be in shear~ Roofs with unusually large overhangs (more than two (2) feet hori- zontal projection) may require additional tie down subject to the discretion of the Building Official. Show rafters in eave overhangs must be extended inside of the supporting member approximately the same distance as the cantilever extends outside, and must be secure- ly fastened to cats cut between the main roof framing. Minimum bolted top plate on masonry or steel shall be 2" x 6". Sec. 1707.7 ACCESS TO ATTIC SPACE Attic spaces shall be provided with an interior access opening not less than twenty-two inches by thirty-six inches (22" x 36"). Access opening shall be readily accessible and provid- ed with a lid or device that may be easily removed or operated and shall be located in the hallway or corridor of all Type III and V buildings three (3) stories or more in height. Heating and air conditioning equipment must be located not more than five (5) feet from access opening. A disappearing stair shall be installed where air conditioning equipment is located in the attic. Sec° 2201..3 MOVABLE AWNINGS (METAL OR CANVAS) (a) Definitions: Whenever used in this section, unless the context requires otherwise; (1) CANOPY: The word "canopy" shall mean a detachable cloth cover on a rigid frame designed and intended to be used as a protection against the sun, weather or vision; PROVIDED, HOWEVER, that such item, as herein and hereafter used shall not apply to any umbrella having a diameter of less than sixteen feet (16') or to any moveable garden canopy designed to be used upon private residential property. (2) LEAN-TO-CANOPY: The term "lean-to canopy" shall mean any canopy where it, or one end or side thereof, is attach- ed to and supported by a building, and the other end or side or sides by standards affixed to the ground or other surface. (3) DETACHED CANOPY: The term "detached canopy" shall mean any canopy which is supported by upright members, and which is not attached to an adjacent building. (4) ENTRANCE CANOPY: The term "entrance canopy" shall mean any canopy leading to or from the entrance of any building. (5) UMBRELLA FRAM~ CANOPY: The term "umbrella frame canopy" shall mean any canopy having a diameter of sixteen feet (16') or more, and supported by only one central standard. (6) AWNING: The word "awning" shall mean any cloth on a frame supported entirely by a building and designed and intended to be used to shelter a window or door from the sun, weather or vision. (7) STATIONARY AWNING: The term "stationary awning" shall mean an awning on a rigid frame which cannot be raised or lowered~ (8) MOVEABLE AWNING: The term "moveable a~ing" shall mean an a~ing on a folding frame which may be raised or lowered by means of ropes, pulleys, rollers, or other mechanical devices. - 9 - Ordinance No. 19-72 154-LL (b) PERMIT REQUIRED: From and after the passage of this Ord- inance, no canopy or a%naing shall be erected or constructed within the City of Delr~y Beach, nor shall any frame for a canopy or awning be repaired or replaced unless a permit therefor shall be obtained from t]~e Building Official of said city. W~enever required, the applicant for any such permit shall furnish said Building Official detailed plans and specifi- cations disclosing the said canopy or awning which will meet requirements of this section. (c) NON-CONFORMING CANOPIES A~D AWNINGS PROHIBITED: No canopy or awning as hereinbefore defined shall be erected, construct- ed or maintained within the City of Delray Beach unless and until the same shall conform with the requirements of this section applicable thereto and any permit therefor granted by the Building Official of said City. (d) GENERAL CONSTRUCTION: (1) FRAMES: The frames for all canopies and awnings with said City shall be constructed of metal conforming to the following minimum requirements: SIZE OF PIPES AND FRA~ES Front bars not over 3'wide 5/8" iron or 3/8" pipe Front bars not over 7' wide 1/2" pipe Front bars not over 14' wide 3/4" pipe Front bars not over 25' wide 1" pipe Note: Where three (3) or more extensions are used, 3/4" pipe front bars are permitted up to 20'. EXTENS IONS Up to 2' 6" Extensions 5/8" iron or 3/8" pipe Up to 5' Extensions 1/2" pipe Up to 6' Extensions 3/4" pipe Up to 12' Extensions 1" pipe Over 12' extensions 1 1/4" pipe Note: Where overhead rigid pipe hangers are used on canopies or stationary awnings, the following size pipe may be used: (Chains not permitted as overhead hangers) From 6' to 12' extensions 3/4" pipe Over 12' extension 1" pipe Construction requirements for Roller Gear Awnings. CENTER SUPPORTS Under 15' None 15' to 30' 1 Support 30' to 50' 2 Supports 50' to 60' 3 Supports 60' to 70' 4 Supports Number of arms required for all lengths of Roller Gear Awnings: Width of Awning Quantity Up to and including 20' 2 Arms Up to and including 30' 3 Arms Up to and including 40' 4 Arms Allow one (1) arm for each additional 10'. All canopies or stationary awnings shall be laced on and no rafters or front bars permitted in pockets. Rafters shall not be more than five feet (5') apart. - 10 - Ordinance No. 19-72 154-MM STANDAPdDS FOR C/~NOPY The Standards for all canopies shall be not more than twelve feet (12') apart, shall be em?oedded in concrete having a diameter of twelve inches (12") and a depth of eighteen inches (18'~); EXCEPT T}L~T for Umbrella Frame Canopies, the standard shall be embedded in concrete having a diameter of two feet (2:) and a depth of three feet (3'); shall be at least five feet (5') from any side or rear property lines; and shall be not less than the following in sizes: For canopies of 300 sq. ft. or less of roof area 1" iron pipe For canopies of 300 sq. ft. to 600 sq. ft. of roof area 1 1/4" iron pipe Over 600 sq. ft. of roof area 1 1/2" iron pipe For Umbrella Frame Canopies 4" iron pipe (2) %~en wooden or metal headrods are used to fasten a~ma- ings to face of building with expansion bolts or expansion fittings, fibre or metal shields may be used, but in no case will wood plugs be permitted. On awnings up to seven feet (7') in width, headrod fasteners shall be not more than three feet (3') apart, and on awnings over seven feet (7') in width, headrod fasteners shall be not more than two feet six inches (2'6") apart. (3) The cloth part of canopies and stationary awnings must be securely laced, tied or otherwise securely fasten- ed to the metal frame, and in no case shall roller curtains be used to cover the roofs of stationary frames. (e) CONSTRUCTION OVER PUBLIC PROPERTY: No canopy or awning shall be erected, constructed or maintained over sidewalks or other public ways owned or maintained by said' City, un- less the same shall conform to the following provisions: (1) HEIGHT ABOVE PUBLIC SIDEWALK:' No metal part of any canopy or awning shall be less than seven feet six inches (7'6") from the top of such sidewalk or other public way, and no part of the cloth or fringe thereof shall be less than six feet six inches (6'6") from the top of such side- walk or other public way. (2) DISTANCE FROM CURB: No canopy or awning be erected, constructed or maintained closer than eighteen inches (18") from the curb of any public or private street or thorough- fare designed and intended to be used by vehicular traffic. (3) CERTAIN A%~NINGS PROHIBITED OVER PUBLIC SIDEWALKS AND WAYS: No detached canopy or st.atignary awning shall be erected, constructed or maintained over any such sidewalk or public way unless the same shall conform to the follow- ing provisions: (3-1) The front bar of an awning when it is pulled up shall not be higher than the head of the awning. (3-2) The supporting standards or any lean-to, detach- ed or entrance canopy, the roof of which extends over any public sidewalk shall not be closer than eighteen inches (18") to the inside edge of said curb. (3-3) All awnings must be equipped with not less than two (2) supporting or fire chains, one end of which fastens to the front bar or to the side arm not over six inches (6") back from the front bar, and the other end of which fastens to a point just under the head of the awning but never to the headrod or headrod fasteners. Such chains shall be of sufficient strength and securely fastened to withstand the stress of the awning being accidentally dropped when being raised or lowered and - 11 - Ordinance No. 19-72 154-NN ' to keep the frame from goin9 below the horizontal in case the cloth stretches, tears or 'burns. (f) NO REPkIP~S U!~LESS FP~?iES COMPLY: NC cover of any canopy or awni. ng will be repaired or replaced~ unless and until the frame therefor shall be made' to comply with the require- ments of this Section. Structural Design - All prefabricated structures, or part thereof, shall be designed by a registered engineer or architect. The Building Official may, in his discretion, require the supervision of a registered engineer or archi- tect during construction of prefabricated structures." Section 4. All ordinances or parts of ordinances in conflict herewith be ~d the same are hereby repealed. Section 5. If any section, subsection, sentence, clause, phrase,~ or portion of this Ordinance is for any reason held invalid or uncon- stitutional by any Court of competeht jurisdiction, such portion ~hall be deemed a separate, distinct, and independent provision and such holding shall not effect the validity of the remaining portions hereof. PASSED in regular session on the second and final reading on this 14thday of August , 1972. ~ ' /' , "~ , ~ ATTESTf / ' ~' ~ t_ '~...~.~ '.! -" City Clerk First reading July 24~ 1972 . Second reading August 14, 1972. - 12 - Ordinance No. 19-72 '154~00 RESOLUTION NO. 40-72. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA AUTHORIZING THE CITY ~NAGER TO SIGN AND SUBMIT APPLI- CATIONS ON BEHALF OF THE CITY IN CONNECTION WITH THE CITY'S REQUEST FOR STATE AND FEDERAL GRANT FUNDS ~D TO REPRESENT THE CITY IN CON- NECTION THEREWITH. WHEREAS, the City of Delray Beach, Florida, has been directed by Federal and State pollution control agencies to provide certain improvements and meet various standards in its water and sewerage facilities; and WHEREAS, the City of Delray Beach presently is in- creasing its bonded indebtedness to its maximum capability to comply with said directives; and WHEREAS, the City requires Federal and/or State financial assistance to comply with directives of the Federal and State agencies for improvement of water and sewerage facilities; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA: 1. That the City Manager of the City of Delray Beach is authorized to make the necessary applications for Federal and State financial assistance and to represent the City in such matters for the fiscal year 1972-73. 2. That the City Manager is further authorized to sign any required applications for Federal and State finan- cial participation as the official representative of the City of Delray Beach, Florida. Passed and adopted this 14th day of August, 1972. ATTEST: C~ty Clerk 154-1PP