43-91 ORDINANCE NO. 43-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING
REGULATIONS', ARTICLE 4.3, "DISTRICT REGULATIONS,
GENERAL PROVISIONS," SECTION 4.3.4, "BASE DEVELOPMENT
STANDARDS", SUB-SECTION 4.3.4(J}, "HEIGHT" OF THE
LAND DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY
AMENDING PARAGRAPH 4.3.4(J) (2) , "BASIS FOR
MEASUREMENT", BY REENTERING THE STARRED PARAGRAPHS TO
(a) and (b), AND ADDING PARAGRAPH (c) TO PROVIDE FOR
THE ESTABLISHMENT OF THE GRADE AS THE MEAN 'ELEVATION
OF THE FINISHED SURFACE OF THE GROUND ADJACENT TO THE
EXTERIOR WALLS OF THE BUILDING, FOR SINGLE FAMILY
'DETACHED' DWELLING UNITS, OF LESS'THAN T~REE STORIES;
BY AMENDING SUB-SECTION 2.3.4(K), "DEVELOPMENT
STANDARDS MATRIX - RESIDENTIAL ZONING DISTRICTS", TO
PROVIDE FOR A REFERENCE TO THE HEIGHT LIMITATION FOR
SINGLE FAMILY DETACHED DWELLING. UNITS IN RESIDENTIAL
ZONING DISTRICTS; PROVIDING A SAVING CLAUSE;
PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN
EFFECTIVE DATE.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA AS FOLLOWS:
Section 1. That Chapter 4, "Zoning Regulations", Article 4.3,
"District Regulations, General Provisions," Section 4.3.4, "Base
Development Standards", Sub-Section 4.3.4(J), "Height", Paragraph
4.3.4(J)(2), "Basis for Measurement", of the Land Development Regulations
of the Code of Ordinances of the City of Delray Beach, Florida, be, and
the same is hereby amended to read as follows:
(2) Basis for Measurement
*(a) For buildings adjoining one street, the grade is
established from the mean elevation of the crown of the street along
the lot frontage.
*(b) For buildings adjoining more than one street, the grade is
established as the average of the mean elevation of the crown of the
adjoining streets.
(c) When applied to sinqle family detached dwelling units, less
than three stories, within residentially zoned districts, the grade
is established as the mean elevation of the finished surface of the
ground adjacent to the exterior walls of the building. Under no
circumstance shall the grade be higher in elevation than the highest
point of the unaltered dune or the crown of the street.
Section 2. That Chapter 4, "Zoning Regulations", Article
4.3.4, "District Regulations, General Provisions," Section 4.3.4, "Base
Development Standards", Sub-Section 4.3.4(K), "Development Standards
Matrix - ReSidential Zoning" of the Land Development Regulations of the
Code of OrdinaNces of the City of Delray Beach, Florida, be, and the same
is hereby amended to read as follows: '
HEIGHT
(4} See Paragraph 4.3.4(J}(2} for single family detached structures
in residentially zoned districts.
Section 3. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a Court of competent jurisdiction, to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole
or 9art thereof other than the part declared to be invalid.
Section 4. That all ordinances or parts of ordinances in
conflict herewith be and the same are hereby repealed.
Section 5.. That this ordinance shall become effective within
ten (10) days of its passage on second and'final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this llth day of June 1991.
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'~ ~ c~ m ..w. City Cle~
~ ~.~ First Reading May 28, 1991
~rIB~,..W.~, l:m*~ Second 'Reading June 11 , 1991
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