55-90 ORDINANCE NO. 55-90
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING NE LAND DEVELOPMENT
REGULATIONS, OF THE CODE' OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA, BY AMENDING CHAPTER ONE,
"GENERAL PROVISIONS", ARTICLE !. 4, "INTERPRETATION,
ENFORCEMENT, AND PENALTIES", SUBSECTION 1.4.5,
"DEFINITIONS", BY ADDING DEFINITIONS FOR "ADULT
ARCADE", "ADULT BOOKST-~RE/.kDULT VIDEO STORE", "ADULT
............... EN~ EST/kB-
DANCING ESTABLISHMENT", "ADULT ~'"~ .... '"'~ ~
EST~u~Li SH/%ENT ,
LI SHMENT", "ALCOHOLI g BEVERASE ' "
"NUDITY", AND "PARTIAL NUDITY", BY .~..'.EI~DiNG CHAPTER
FOUR, "ZONING REGULATIONS", ARTICLE 4.3, "DISTRICT
REGULATIONS, GENERAL PROVISION", SUBSECTION 4.3.3,
"SPECIAL REQUIREMENTS FOR SPECIAL USES", BY ADDING A
NEW SUBSECTION (AA), PROVIDING GENERAL REGULATIONS
AND SPECIAL CONDITIONS UPON SUCH ESTABLISHMENT; BY
AMENDING CHAPTER FOUR, "ZONING REGULATIONS", ARTICLE
4.4, "BASE ZONING DISTRICT", SUBSECTION 4.4.9,
"GENERAL COMMERCIAL ( GC ) DI STRI CT, SUB-SUBSECTION
(D), "CONDITIONAL USES AND STRUCTURES ALLOWED", TO
ADD ADULT ENTERTAINMENT ESTABLISHMENTS AS A
CONDITIONAL USE AND RENIrMBERING THE REMAINING
CONDITIONAL USES ACCORDINGLY; BY AMENDING CHAPTER
FOUR, "ZONING REGULATIONS", ARTICLE 4.4, "BASE ZONING
DISTRICT", SUBSECTION 4.4.19, "MIXED INDUSTRIAL AND
COMMERCIAL ( MIC ) DI STRI CT" , SUBSECTION ( D ) ,
"CONDITIONAL USES AND STRUCTURES ALLOWED", TO ADD
ADULT ENTERTAINMENT ESTABLISHMENTS AS A CONDITIONAL
USE; PROVIDING A GENERAL REPEALER; PROVIDING A SAVING
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 the Land Development Regulations, Chapter One,
"General Provisions", Article 1.4, "Interpretation, Enforcement, and
Penalties", Subsection 1.4.5, "Definitions", of the Code of Ordinances of
the City of Delray Beach, Florida, be and the same is hereby amended to
add the following definitions:
"Adult Arcade". Any place or establishment operated for
commercial gain which invites or permits the public to view adult
material.
"Adult Bookstore/Adult Video Store". An establishment which
sells or offers adult material for sale or rent for commercial gain;
unless the establishment demonstrates either (1) the adult material is
accessible only by employees and the gross income from the sale or rental
of adult material comprises less than forty percent (40%) of the gross
income from the sale or rental of goods or services at the establishment,
or (2) the individual items of adult material offered for sale or rental
comprise less than ten percent (10%) of the individual items, as stock in
trade, publicly displayed in the establishment and which is not accessi-
ble to minors at the establishment.
"Adult Dancing Establishment". An establishment where
employees engage in nudity or partial nudity regardless of whether the
employees actually engage in dancing.
"Adult Entertainment Establishment".
(A) Any adult arcade, adult bookstOre/adult video store, or
adult dancing establishment; or any other establishment or
business operated for commercial gain where any employee,
operator or owner engages innudity or partial nudity,
including but not limited to: massage establishments,
whether or not licensed pursuant to Chapter 480, Florida
Statutes, tanning salons, modeling studios, or lingerie
studios.
(B) Excluded from this definition are any educational institu-
tions where engaging in nudity or partial nudity is
associated with a curriculum or program.
(C) An establishment that possesses an Adult Entertainment
License through Palm Beach County is presumed to be an
Adult Entertainment Establishment.
"Alcoholic Beverage Establishment" means any establishment
located in the City of Delray Beach which alcoholic beverages, beer or
wine are offered for sale for consumption on the premises.
"Nudity" means the exposing to public view of the human male or
female genitals, pubic area, cleavage of the human buttocks, or that
portion of the human female breast encompassed within an area following
below the horizontal line one would have to draw to intersect a point
immediately above the top of the areola (the colored ring around the
nipple).
"Partial nudity" means the exposing to public view of the human
male or female cleavage of the human buttocks or that portion of the
human female breast encompassed with an area falling below the horizontal
line one would have to draw to intersect a point immediately above the
top of the areola (the colored ring around the nipple) with less than a
full opaque covering; or the depiction of covered human male genitals in
a discernibly turgid state.
Section 2. That the Land Development Regulations, Chapter
Four, "Zoning Regulations", Article 4.3, "District Regulations, General
Provision", Subsection 4.3.3, "Special Requirements for Special Uses",
of the Code of Ordinances of the City of Delray Beach, Florida, be and
the same is hereby amended by adding a new Sub-subsection (AA) to read as
follows:
(AA) Adult Entertainment Establishments.
In addition to the requirements of the underlying zoning
district, other applicable general regulations, parking regulations and
special conditions imposed through the conditional use process, the
following requirements shall apply to adult entertainment establishment.
(1) No adult entertainment establishment shall be located
closer than One Thousand (1,000) feet from any other adult entertainment
establishment measured from lot boundary to lot boundary, the distance
measured along a straight airline route.
(2) No adult entertainment establishment shall be located
closer than One Thousand (1,000) feet from any house of worship, residen-
tial zoning district, community facilities district, or school measured
from lot line to lot line boundary along a straight airline route.
(3) No adult entertainment establishment shall be located
within Seven Hundred Fifty (750) feet of an existing alcoholic beverage
establishment.
2 ORD. NO. 55-90
(4) Signage. Only one sign per adult entertainment establish-
ment is permitted, and such sign shall not extend above twelve (12) fe~t
above ground level or have an area of greater than thirty-six (36) square
feet. No neon material shall be permitted on the sign. Ail other
restrictions of the sign code shall apply herewith.
Section 3. That the Land Development Regulations, Chapter
Four, "Zoning Regulations", Article 4.4, "Base Zoning District", Subsec-
tion 4.4.9, "General Commercial (GC) District", Sub-subsection (D),
"Conditional Uses and Structures Allowed", of~ the Code of Ordinances of
the City of Delray Beach, Florida, be and the same is hereby amended by
adding the following new conditional use and renumbering the remaining
conditional uses accordingly:
(1) Adult Entertainment Establishments
Section 4. That the Land Development Regulations, Chapter
Four, "Zoning Regulations", Article 4.4, "Base Zoning District", Subsec-
tion 4.4.19, "Mixed Industrial and Commercial (MIC) District", Sub-sub-
section (D), "Conditional Uses and Structures Allowed", of the Code of
Ordinances of the City of Delray Beach, Florida, be and the same is
hereby amended to read as follows:
CD) Conditional Uses and Structures Allowed: There -are -~o -uses
~es~§me~e~-as-eom~oma~-~ses-w~h~-~he-M~e-B~s~r~e~ The followinq
uses are allowed as conditional uses within the MIC District pursuant to
the provisions of 2.4.5(E):
(1) Adult Entertainment Establishments
Section 5. That all ordinances or parts of ordinances which
are in conflict herewith are hereby repealed.
Section 6. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole
or part thereof other than the part declared to be invalid.
Section 7. That this ordinance shall become effective upon
passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 13th day of November 1990.
ATTEST:
City Cle?k - ~ ~
First Reading October 23, 1990
Second Reading November 13, 1990
3 ORD. NO. 55-90
BOCA RATON NEWS
~NT,~ ~EN~TIE~,
Published Daily ,.G ~INtTI~ FOR 'ADULT
Mon~ay th~u Sunday ~t.~o ~o,e.
Boca ga~n. Palm Beach County. Florida 'ADULT ENTE.TAINMENT
CISH~N~, 'ACCOKCIC BE~R-
Delray Beach, Palm Beach County, Florida ~ ESTA~IS~N~, ~UDI~,
'~IK R~G~T~, ART~
L$ ~TRICT REG~TI~S, GE~
ERAL PR~ISI~, S~SE~I~
8TAT~ OF FLORIDA ~:~ ~PEC~AC
COUNTY OF PALM BE~CH NEW W~I~ (~), ~
I~ GENERAL REGU~TI~ ~ND
S~CIA~ CONDITI~S U~ SUCH
Before the undersigned authority personally ESTABLISHMENTS. BY
appe~ed NANCY WA~ who on oath says that she ~T~st A,t~cc~ .... ~ ~,
is the ~l~sified ~dvertising M~nager of the ~oe~ ~ENERAC C~ERCIAL (~)O~
'TR~C~, SU~TfON (~L
Raton News and the Delray Beach News, daily 'CONDITIONAL USES AND STRUG:
~URES ALLOWed, TO AOD A~CT
newspapers published at Boca Raton in Palm ENTERTAINMENT
MENB AS A ~DITI~L ~1
Beach County, Florida; that the at~ohed copy of ~.B REN~ERI~ THE
advertisement was published In said newspapers CORDJ~LY; , BY MEmNGI
C~PTER FOUR, 'ZONING REGal
lNG DIST~, ~BSECTI~
AND STRUCTgR~ AL~, Te
~ A~ ADULT ENTERTAI~NT E~
T&BLISHMEN~ ~ A C~DITI~
~ USE; PR~IDI~ A
~ALER; P~t~ A
'C~U~; PROVIO~ ~ EFFEC;
TIVE DATE,
Affiant further says that the said Boca Raton ~ ~ '~ ' ~
News and Delray Beach News are newspapers pub- .,m. ow ~.,. ~ ~w. m ~.
lished at Boca Raton. in said Palm Beach County. ~0 5:m P.a. ~ ~
Florida. Monday through Sunday. and have been .m ~ m ~
entered as second class matter at the post office in ~.~MT:m~'TM a.~Y
Boca Raton. Palm Beach County. Florida. for a po- ' ~ me C~),~ tim
riod of one year next preceding the f~st publica-
tion of the attached copy of advertisement; and a~ ~, if, ~. ~
affiant further says that she has neither paid nor ~ c~ c~m~ ~ ~
any ~ ~ ~ ~ ~
promised any person, f~m or corporation any dis- . ~ariq, ~h ~ wifl ~..~
oo~t, rebate, oom~issio~ or refund for the p~- ,~s ~ ~ ~ ~ ~e
ensue ~t a ~m ~d M
pose of securing this advertisement for publication pr~i~s ~ ~, which rK~d
CITY ~ ~L~Y ~ -
AI~
~ p~USH: ~], ~
THE ~WS - .:
Co
ac ibe~ before me C~i~ ~ ,
(H[ ~,A~Y~ }<o} . . CHARLENE RICH
My Commission expl~T~'~~
~ aamlecl r~m $enace lin. Ca