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Ord 27-98ORDINANCE NO. 27-98 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT", SUBSECTION 4 . 4.9 (B) , "PRINCIPAL USES AND STRUCTURES PERMITTED", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO ALLOW 'ASTROLOGISTS, CLAIRVOYANTS, FORTUNE TELLERS, PALMISTS, PHRENOLOGISTS, PSYCHIC READERS, SPIRITUALISTS, NUMEROLOGISTS AND MENTAL HEALERS' AS A PERMITTED USE WITHIN CERTAIN AREAS OF THE GC ZONE DISTRICT; AMENDING SUBSECTION 4.4.9(H), "SPECIAL REGULATIONS", TO PROVIDE LOCATION AND DISTANCE RESTRICTIONS FOR SAID USE; AMENDING CHAPTER 110, "OCCUPATIONAL LICENSES GENERALLY", SECTION 110.15, "LICENSE TAX SCHEDULE", BY ADDING 'PSYCHIC READERS' TO THE 'ASTROLOGISTS, CLAIRVOYANTS, FORTUNE TELLERS, PALMISTS, PHRENOLOGISTS, SPIRITUALISTS, NUMEROLOGISTS AND MENTAL HEALERS' CLASSIFICATION; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, ANI) AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing on July 20, 1998, and forwarded the change with a unanimous recommendation of approval; and WHEREAS, pursuant to Florida Statute 163.3174(4) (c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the objectives and policies of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter Four, "Zoning Regulations", Article 4.4, "Base Zoning District", Section 4.4.9, "General Commercial (GC) District", Subsection 4.4.9(B), "Principal Uses and Structures Permitted", of the Land Development Regulations of the City of Delray Beach, be, and the same is hereby amended by adding the following: (B) Principal Uses and Structures Permitted: The following are allowed within the GC District as permitted uses, except as prohibited in the West Atlantic Avenue Overlay District by Section 4.4.9(G) (1) (a): (6) Astroloqists, clairvoyants, fortune tellers, palmists, phrenoloqists, psychic readers, spiritualists, numeroloqists and mental healers, subject to the locational restrictions of Section 4.4.9(H) (5). Section 2. That Chapter Four, "Zoning Regulations", Article 4.4, "Base Zoning District", Section 4.4.9, "General Commercial (GC) District", Subsection 4.4.9(H), "Special Regulations", of the Land Development Regulations of the City of Delray Beach, be, and the same is hereby amended by adding the following: (H) Special Regulations: (5) Astroloqists, clairvoyants, fortune tellers, palmists, phrenoloqists, psychic readers, s~iritualists, numeroloqists and mental healers are limited to the qeoqraDhical areas alonq N.E. and S.E. 5th and 6th Avenues (Federal Hiqhwa¥ pairs), between S.E. 10th Street and S.E. 3rd Street, and between N.E. 4th Street and N.E. 7th Street, and shall be limited to no more than one of each business every three hundred feet (300'), measured in a straiqht line from lot line to lot line. Section 3. That Title XI, "Business Regulations", Chapter 110, "Occupational Licenses Generally", Section 110.15, "License Tax Schedule", of the Code of Ordinances of the City of Delray Beach, be, and the same is hereby amended to read as follows: Classification ASTROLOGISTS, CLAIRVOYANTS, FORTUNE TELLERS, PALMISTS, PHRENOLOGISTS, PSYCHIC READERS, SPIRITUALISTS, NUMEROLOGISTS AND MENTAL HEALERS Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. - 2 - Ord. No. 27-98 Section 6. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 4th day of August , 1998. ATTEST: ~ City C~rk r First Reading July 21, 1998 Second Reading August 4, 1998 - 3 - Ord. No. 27-98 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY Mg2XlAGER~ SUBJECT: AGENDA ITEM #/~ - REGULAR MEETING OF AUGUST 4, 1998 ORDINANCE NO. 27-98 (PSYCHIC READERS) DATE: JULY 31, 1998 This is second reading and the second public hearing for Ordinance No. 27-98 which amends LDR Section 4.4.9, "General Commercial (GC) District", to allow 'Astrologists, Clairvoyants, Fortune Tellers, Palmists, Phrenologists, Psychic Readers, Spiritualists, Numerologists and Mental Healers' as a permitted use within certain areas of the GC zone district. It also provides for location and distance restrictions, and adds 'psychic readers' to the appropriate classification under the occupational license tax schedule at Section 110.15 of the City Code. The use will be permitted along the Federal Highway pairs (N.E. and S.E. 5th and 6th Avenues) between S.E. 3rd Street and S.E. 10th Street, and between N.E. 4th Street and N.E. 7th Street. It will not be allowed in the GC-zoned sections of the West Atlantic Avenue or North Federal Highway redevelopment areas. A distance separation requirement of 300 feet between uses is included to avoid a concentration of such uses in the permitted areas. The Planning and Zoning Board formally reviewed this item at a public hearing on July 20, 1998, and voted unanimously to recommend that it be approved. At first reading on July 21st, the Commission passed the ordinance by unanimous vote. Recommend approval of Ordinance No. 27-98 on second and final reading based on the findings and recommendation of the Planning and Zoning Board. ref:agmemol3 TO: THRU: FROM: SUBJECT: PAUL DORLING, ACING DIRECTOR OF PLA~.I~NG JEFFREY A. COSTELLO, SENIOR PLANNER'~1'~~ "" MEETING OF JULY 21, 1998 CONSIDERATION OF AN AMENDMENT TO LDR SECTION 4.4.9(B) GENERAL COMMERCIAL (GC), TO ALLOW ASTROLOGISTS, CLAIRVOYANTS, FORTUNE TELLERS, PALMISTS, PHRENOLOGISTS, PSYCHIC READERS, SPIRITUALISTS, NUMEROLOGISTS AND MENTAL HEALERS AS A PERMITTED USE, AND SECTION 4.4.9(H) (SPECIAL REGULATIONS) REGARDING GEOGRAPHICAL LIMITATIONS. The LDR amendment proposes to allow "astrologists, clairvoyants, fortune tellers, pa/mists, phrenologists, psychic readers, spiritualists, numerologists and mental healers" as a permitted use in the GC zoning district, subject to Iocational restrictions. These restrictions would not allow the use in the GC-zoned sections of the West Atlantic or North Federal Highway redevelopment areas. A distance separation requirement of 300' between uses is proposed, to avoid a concentration of such uses in the permitted areas. As provided in the attached amendment, psychic readers, etc. would be permitted within the GC zone along the Federal Highway pairs (N.E. and S.E. 5th and 6th Avenues), between S.E. 3rd Street and S.E. 10th Street, and between N.E. 4th Street and N.E. 7th Street. Additional background and an analysis of the request is found in the attached Planning and Zoning Board staff report. Included in the attached Ordinance is an amendment to Section 110.15 (License Tax Schedule) of the City Code to add psychic readers. The Planning and Zoning Board will formally review this item at its meeting of July 20, 1998. The Board's recommendation and comments will be presented at the July 21st City Commission meeting. By motion, approve on first reading a text amendment to LDR Section 4.4.9 (B) to include astrologists, clairvoyants, fortune tellers, palmists, phrenologists, psychic readers, spiritualists, numerologists and mental healers as a permitted use in the GC zone district, and LDR Section 4.4.9(H) to add related restrictions, based upon the findings and recommendations by the Planning and Zoning Board, and set a public hearing date of August 4, 1998. Attachments: · P&Z Staff Report and Documentation of July 20, 1998 · Ordinance by Others MEETING DATE: JULY 20, 1998 AGENDA ITEM: V.A. AMENDMENT TO LDR SECTION 4.4.9(B) GENERAL COMMERCIAL (GC), TO ALLOW ASTROLOGISTS, CLAIRVOYANTS, FORTUNE TELLERS, PALMISTS, PHRENOLOGISTS, PSYCHIC READERS, SPIRITUALISTS, NUMEROLOGISTS AND MENTAL HEALERS AS A PERMITTED USE, AND SECTION 4.4.9(H) (SPECIAL REGULATIONS) REGARDING GEOGRAPHICAL LIMITATIONS. The item before the Board is that 'of making a recommendation to the City Commission regarding amendments to the Land Development Regulations Section 4.4.9(B) General Commercial (GC), Principal Uses and Structures Allowed, to allow astrologists, clairvoyants, fortune tellers, palmists, phrenologists, psychic readers, spiritualists, numerologists and mental healers as a permitted use, and Section 4.4.9(H) General Commercial (GC), Special Regulations, regarding geographical limitations, pursuant to LDR Section 2.4.5(M). Pursuant to LDR Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. In March 1998, a determination of similarity of use was submitted to the Planning and Zoning Department to allow psychic readings in the CBD (Central Business District) zoning district. The use is not listed in any of the City's zoning districts. There is currently a psychic reading establishment (The Psychic Shop) at 904 S.E. 5th Avenue, in the GC (General Commercial) zone, which has operated since 1993. The request for the use determination was subsequently withdrawn, however, due to the lack of clarity in the code regarding the appropriate location for psychic readers and similar types of operations, staff is forwarding the subject text amendment to the Board for consideration. In June, 1998, a second use determination was submitted to allow psychic readers in the CBD. The applicant was advised of the pending text amendment but elected to proceed with his request, which is discussed in a separate staff report. P & Z Board Memorandum Staff Report LDR Text Amendment - Psychic Readers, Fortune Tellers, etc. as a Permitted Use in the GC Zoning District Page 2 LDR Section 2.4.5(M)(5) (Findings): In addition to provisions of Section 1.1.6(A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. The LDR amendment proposes to allow the use "astrologists, clairvoyants, fortune tellers, palmists, phrenologists, psychic readers, spiritualists, numerologists and mental healers" as permitted in the GC zoning district, subject to Iocational restrictions. These restrictions would not allow the use in the GC-zoned sections of the West Atlantic or North Federal Highway redevelopment areas. There is also a distance separation requirement proposed of 300' between uses. The proposed distance separation is intended to avoid a concentration of such uses in the permitted areas. As provided in the attached amendment, psychic readers, etc. would be permitted within the GC zone district along the Federal Highway pairs (N.E. and S.E. 5th and 6th Avenues), between S.E. 3rd Street and S.E. 10th Street, and between N.E. 4th Street and N.E. 7th Street. The Psychic Shop is located within the proposed geograph!cal area, and will therefore not be affected by this amendment. The GC district is the most flexible of the City's business/commercial zones. It allows a broad range of permitted and conditional uses, and imposes very little in the way of development standards (i.e. minimum site size, building size, etc.). It is primarily located along high volume arterial roadways. As part of the research conducted for this amendment, a number of municipalities in the area were contacted including Lake Worth, Boca Raton, Riviera Beach, West Palm Beach, Palm Beach County, and Ft. Lauderdale, regarding zoning districts in which they allow psychic readers, spiritualists, etc. The majority permit the use in their general commercial districts. Other commercial districts were considered by staff during the preparation of the amendment but were subsequently rejected. The PC (Planned Commercial) zone allows many of the same uses as the GC district, however, it is intended to be applied to large sites which are to be developed in a coordinated, well-planned fashion, and which generally involve much larger tenants than the typical psychic reading business. The NC (Neighborhood Commercial) district is intended primarily to provide locations for limited goods and services to be made available to adjacent residential areas as a convenience. Psychic readings is a very specialized service which would tend to draw clients from a citywide or regional area. In terms of the Iocational restrictions provided in the amendment, which would exclude the use from the redevelopment areas, the basis is provided in the applicable Comprehensive Plan policies for those areas (Future Land Use Element Policy C-1.4 for North Federal Highway and C-1.5 for West Atlantic Avenue). Policy C-1.5 refers to P & Z Board Memorandum Staff Report LDR Text Amendment - Psychic Readers, Fortune Tellers, etc. as a Permitted Use in the GC Zoning District Page 3 the West Atlantic Avenue Redevelopment Plan, which was adopted by the City Commission on July 11, 1995. Subsequent to its adoption, LDR amendments were processed which prohibited many of the GC uses that were allowed elsewhere from being established in the redevelopment area. While the plan for North Federal Highway has not yet been adopted, the applicable Comprehensive Plan policy states that it will address economic stimulation and revitalization of the area, and "the elimination of inappropriate and marginal uses". Similarly, the Comprehensive Plan policies regarding the City's Central Business District (CBD) refer to the need to have an appropriate mix of uses as part of an economic development strategy. The types of businesses desired for these areas are those which will generate significant job growth and pedestrian traffic, and which will complement other uses within the area (i.e. restaurants, retail, office). Courtesy Notices: A special courtesy notices was provided to the following civic and homeowner's associations: Beach Properties Association · Chamber of Commerce · Delray Merchants Association · Progressive Residents of Delray (PROD) · President's Council Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. The proposed text amendment will specifically list astrologists, clairvoyants, fortune tellers, palmists, phrenologists, psychic readers, spirftualists, numerologists and mental healers as permitted uses in the GC zoning district. Special regulations are proposed within the GC zoning district to limit the uses to certain geographical areas, and limitations are proposed to prevent large concentrations of the use within the designated areas. P & Z Board Memorandum Staff Report LDR Text Amendment - Psychic Readers, Fortune Tellers, etc. as a Permitted Use in the GC Zoning District Page 4 By motion, recommend to the City Commission approval of a text amendment to LDR Section 4.4.9(B) General Commercial (GC), Principal Uses and Structures Allowed to allow astrologists, clairvoyants, fortune tellers, palmists, phrenologists, psychic readers, spiritualists, numerologists and mental healers as a permitted use, and LDR Section 4.4.9(H) General Commercial (GC), Special Regulations, to provide Iocational restrictions, based upon positive findings with LDR Section 2.4.5(M). Attachment: · Proposed Ordinance Boca Raton News, Friday, July 24, 199_8~ ~.'M PJL mlY, Jlelff 4, ~ ~DI~NCE ~ THE Cl~ C~ e~CH, F~I~ MENDI~ SEC. CI~ (~) DIURIl, WiSECT~ AND ~E ~ND ~ELO~ENT REG~ ~Tt~S ~ T~E CI~ ~ DEL~Y ~, TO ~L~ FORTUNE TELLERS, P~ISTS, ER~ SPIRITUALISTS, NUMEROLG GISTS AND MENTAL H~ERS' A ~I~ED USE WITHIN CER- TAIN ~W OF THE ~ Z~E DI~ ~t(H), ~PEClAL REGU~TION~, TANCE RESTRI~I~S F~ USE; MNDING C~ER 1M. ~CUPATI~L LICENSES ANT~ ~RTUNE TE~R~ P~  1~, NU~RO~ISTS AND MNTAL H~E~' C~IFI~ ~ER ~U~, A ~VING ~TE. AN ~DINANCE ~ ~E Cl~ B~CN, FL~ MENDING ~ER I~ ~CUPATI~AL U- ~ THE ~E M ~DINKNCES THE Cr~ ~ ~L~Y BKH, TO PR~I~ F~ AN I~RWE IN ~CUPATI~ LI~NSE PROVIDI~ A 6ENE~L REP~- ER C~L A ~VING C~ ~D~ EFFE~IVE ~TE. CITY OF DELRAY BEACH NOTICE OF PERMITTED USE CHANGE WITHIN THE GENERAL COMMERCIAL (GC) DISTRICT The City Commission of the City of Delray Beach, Florida, proposed to adopt the foil.owing ordinance: ORDINANCE NO. 27-98 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT", SUBSECTION 4.4.9(B), "PRINCIPAL USES AND STRUCTURES PERMI'I-rED," OF .THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO ALLOW 'ASTROLOGISTS, CLAIRVOYANTS, .FORTUNE . TELLERS, PALMISTS, PHRENOLOGISTS, PSYCHIC READERS, SPIRITUALISTS, NUMEROLOGISTS AND MENTAL HEALERS' AS A PERMI'FrED USE WITHIN CERTAIN AREAS OF THE GC ZONE DISTRICT; AMENDING SUBSECTION 4.4.9(H), "SPECIAL REGULATIONS", TO PROVIDE LOCATION AND DISTANCE RESTRICTIONS FOR SAID USE; AMENDING CHAPTER .110, "OCCUPATIONAL LICENSES GENERALLY", SECTION 11.0.15, "LICENSE TAX SCHEDULE", BY ADDING 'PSYCHIC READERS' TO THE 'ASTROLOGISTS, CLAIRVOYANTS, FORTUNE TELLERS, PALMISTS, PHRENOLOGISTS, SPIRITUALISTS, NUMEROLOGISTS AND MENTAL HEALERS' CLASSIFICATION; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. The City Commission will conduct two (2) Public Hearings for the purpose 'of accepting public testimony regarding the proposed ordinance. The first Publi~ Hearing will be held on TUESDAY, JULY 21, 1998j_AT_7~O0 PM (or at any continuation of such meeting which is set by the Commission), in the Commission Chambers at City Hall, 100 N.W. 1st Avenue, Delray I~each, Florida. If the ordinance is passed on first ready, a second Public Hearing will be held on TU.E~AY, AUGUST 4, 1998, AT 7:00 P.M. (or at any continuation of such meeting which is set by the Commission). All interested citizens are invited to attend the public hearings and comment upon the proposed ordinance or submit their comments in wdting on or befo're the date of these hearings to the Planning and Zoning Department. For further information or to obtain a copy of the proposed ordinance, please contact the Planning and Zoning Department, City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida 33444 (Phone 561/243-7040), between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, excluding holidays. PLEASE BE ADVISED THAT IF A PERSON DEcIDEs TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MA'I-I'ER CONSIDERED AT THESE. HEARINGS, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THE CITY DOES NOT PROVIDE NOR PREPARE SUCH RECORD. PURSUANT TO ES,. 286.0105. PUBLISH: The Boca Raton News July 13, 1998 July 29, 1998 Ad ,f'772475 CITY OF DELRAY BEACH Alison MacGregor Harty City Clerk 'CITY OF DELRAY BEACH NOTICE OF PERMITTED USE CHANGE WITHIN THE GENERAL COMMERCIAL · '(GC) DISTRICT The City Commission of the City 'of Delray :Beach, Florida, proposed to adopt the following ordinance: ORDINANCE NO. 27-98 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,-FLORIDA, AMENDING SECTION 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT", SUBSECTION 4.4.9(B), "PRINCIPAL USES AND STRUCTURES PERMI'I-I:ED," OF THE LAND DEVELOPMENT REGULATIONS 'OF THE CITY OF DELRAY BEACH, TO ALLOW 'ASTROLOGISTS, CLAIRVOYANTS, FORTUNE .TELLERS, PALMISTS, PHRENOLOGISTS, PSYCHIC READERS, SPIRITUALISTS, NUMEROLOGISTS AND MENTAL HEALERS' AS A PERMI'I-i'ED USE WITHIN CERTAIN AREAS OF THE GC ZONE DISTRICT; AMENDING SUBSECTION 4.4.9(H), "SPECIAL REGULATIONS", TO PROVIDE LOCATION AND DISTANCE RESTRICTIONS FOR SAID -USE;: ~MENDING '~CHAPTER 7110,"~ ."OCCUPATIONAL- LICENSES GENERALLY", SECTION 110.15, "LICENSE TAX SCHEDULE",. BY ADDING 'PSYCHIC READERS' TO THE '~ASTROEOGISTS,:~OLAI RVOYANTS, ~I~ORTIJNE ' ~i~'ELLERS, PALMISTS, PHRENOLOGISTS, SPIRITUALISTS, NUMEROLOGISTS AND MENTAL HEALERS' CLASSIFICATION; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. The City Commission will conduct tWo (2) Public Hearings for the purpose of accepting public testimony regarding the proposed ordinance. The first Public Hearing will be held on ?UUESD~ J~LY .21~_!9_98, AT 7:0~__P~M (or at any continuation of such meeting which is set bY the Commission), in 'the Commission · Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida. If the ordinance is pecsed on first ready, a second Public Hearing will be held on TUESDAY, AUGUST 4, 1998, AT_7:00 P.M. (or at any continuation of such meeting'which is set by the Commission). All interested citiZen~ are invited to attend the Public hearings and comment upon the proposed ordinance or subm~ their comments in writing on or before'the date of these hearings to the Planning and zoning Department. For further information or to obtain a copy ~11 of~the.~.propose~grdinan.c~..,-.please ~tact .,the ~!~nning and 'Zoning Departrneh~,"City H~II; ~100 N.W. l S~'AVehue; De'~'lray BeaCh, Florida 32~.d~ (Phone 561/243-7040), between the hours of 8:00 a.m. and 5:0Op. m., Monday through Friday, excluding holidays. . PLEASE BE ADVISED THAT IF A':PERSoN DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATI'ER CONSIDERED AT THESE HEARINGS, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD INCLUDES THE TESTIMONY AND '~EVIDENCE!OPO~ W~:-II-CH THE APPEAL.IS TO BE BASED. THE CITY DOES NOT PROVIDE NOR PREPARE SUCH RECORD. PURSUANT TO F.S. 286.0105. ' : CITY OF DELRAy BEACH : Alison MacGregor Harty PUBLISH: The Boca Raton News · July 13, 1998 July 29, 1998 CITY OF DELRAY BEACH NOTICE OF PERMITTED USE CHANGE WITHIN THE GENERAL COMMERCIAL (GC) DISTRICT The City Commission of the City of Delray Beach, proposes to adopt the following ordinance: Florida, ORDINANCE NO. 27-98 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT" SUBSECTION 4.4.9(B), "PRINCIPAL USES AND STRUCTURES PERMITTED" OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO ALLOW 'ASTROLOGISTS, CLAIRVOYANTS, FORTUNE TELLERS, PALMISTS, PHRENOLOGISTS, PSYCHIC READERS, SPIRITUALISTS, NUMEROLOGISTS AND MENTAL HEALERS' AS A PERMITTED USE WITHIN CERTAIN AREAS OF THE GC ZONE DISTRICT; AMENDING SUBSECTION 4.4.9(H), "SPECIAL REGULATIONS", TO PROVIDE LOCATION AND DISTANCE RESTRICTIONS FOR SAID USE; AMENDING CHAPTER 110, "OCCUPATIONAL LICENSES GENERALLY", SECTION 110.15, "LICENSE TAX SCHEDULE", BY ADDING 'PSYCHIC READERS' TO THE 'ASTROLOGISTS, CLAIRVOYANTS, FORTUNE TELLERS, PALMISTS, PHRENOLOGISTS, SPIRITUALISTS, NUMEROLOGISTS AND MENTAL HEALERS' CLASSIFICATION; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. The City Commission will conduct two (2) Public Hearings for the purpose of accepting public testimony regarding the proposed ordinance. The first Public Hearing will be held on TUESDAY, JULY 21, 1998, AT 7:00 P.M. (or at any continuation of such meeting which is set by the Commission), in the Commission Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida. If the ordinance is passed on first reading, a second Public Hearing will be held on TUESDAY, AUGUST 4, 1998, AT 7:00 P.M. (or at any continuation of such meeting which is set by the Commission). Ail interested citizens are invited to attend the public hearings and comment upon the proposed ordinance or submit their comments in writing on or before the date of these hearings to the Planning and Zoning Department. For further information or to obtain a copy of the proposed ordinance, please contact the Planning and Zoning Department, City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida 33444 (Phone 561/243-7040), between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, excluding holidays. PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THESE HEARINGS, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THE CITY DOES NOT PROVIDE NOR PREPARE SUCH RECORD. PURSUANT TO F.S. 286.0105. PUBLISH: The News July 13, 1998 July 29, 1998 CITY OF DELRAY BEACH Alison MacGregor Harty City Clerk Instructions to Newspaper: This ad is not to be placed in the legal ads/classified section of the newspaper. It must be at least two standard columns wide and ten inches long. The entire headline [NOTICE OF CONDITIONAL USE CHANGE WITHIN THE MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT] must be an 18 point bold headline. Thank you. REF:USENOTIC 07/o~/98 THU o2:18 FAX 661 243 3774 ¢IT¥ CL~RK CITY OF DEI=RAY BP. ACH NOTICE OF PERMITTED USE CHAN~E WITHIN THE OEI'~P, AL COMMERCIAL (GC) DISTI~ICT OO2 The City Commission of th~ City of Delray Beach, proposes to adopt the following ordinance: Florida, OR%)INA~CCE MO_ 27-98 AN ORDINANCE OF TEE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4_9, "GENERAL COMMERCIAL (GC) DISTRICT", SUBSECTION 4.4.9(B), "PRINCIPA~L USES AND STRUCTURES PERMITTED", OF TH~ LAND D~'VELOPMENT REGLTLkTIONS OF TFI]E CITY OP DELRAY BEACH, TO ALLOW 'ASTROLOGISTS, CLAIRVOYA/qTS, FORTUNE GC ZOA/E DISTRICT; AMENDING S~S~CTION 4.4.9(H), "SPECI~ REG~TIONS", TO PROVIDE LO~TION ~ DIST~CE RESTRICTIONS FOR S~ID USE; ~E~ING C~PTER 110, 'OC~P~TION~~ LICENSES GENE~LY", SECTION 110.1~, "LICENSE T~ SCHEDULE", BY ~DING 'PSYCHIC ~ERS' TO THE 'ASTROLOGISTS, C~IRVOY~TS. FOR~ TELLERS, PAPISTS, PH~NOLOGISTS, SPIRITU~ISTS, ~ROLOGIETS ~ ~T~ HE~ERS' CLASSIFICATION; PROVIDING A G~~ REPE~ER C~USE, A SAVING C~USE, ~ ~ EFFECTI~ DATE_ The City Commission will conduct two (2) Public Hearings for the purpose of accepting public testimony regarding the proposed ordinance. The first Public Hearing w&ll be held on JO-L¥...21, 1998. AT 7:00 ..~.M. (or at any continuation of such meeting which is ~et by the commission), in the commission Chambers at City Hall, 100 N.W. 1st Avenue, Detray Beach, Florida. If the ordinanc~ is passed on first r~ading, a second Public ~earing will be held on __%~3~$I~%Y, AUGUST ~ 199~ A~ 3:00 ~ (or a5 any continuation of such meeting which is se= by the Commission). Ail interested citizenm are invited to attend the public hearings and con~aent upon the proposed ordinance or ~ubmit their commenss in writing on or before the data of these hearings to the Planning and Zonin~ Department. For further information or to o~tain a copy o~ 5he propose~ ordinance, pleaae con~act the Planning and Zoning Department, City Hall, 100 ~.w. 1st Avenue, Delray ~each, Florida 33444 (Phone 561/2~3-7040), between the heurs of 8:00 a.m. a/id 5:00 p-m., Monday through Friday, excluding holidays. PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WIT~ RESPECT TO AAtY MATTER CONSIDERED AT THESE HE~kRINGS, SUCH PERSON ~Y NEED TO ENSURE T~T ~ V~RBATIM RECORD INCLUDES T~ TESTIMOATY AlqD EVID~CE UPON WHICH THE APPEAL IS TO BE BASED. THE CITY DOES NOT PROVIDE ~OR PREPA3LE SUCH RECORD. PURSUA/~T TO P.S. 28C.0105. PUBLISH: The News July 13, 1998 July 29, 1998 CITY OF DELR3%¥ BEKCH Alison MacGregor Haruy City Clerk qqYH ,III.) '-++ 07/09/98 THU ],4:19 [TX/RX NO 9898] Section 4.4.9 General Commercial (GC) District: / (~ Principal U~es and Structures Permitted: The following uses are allowed within the GC District as permitted uses, except as prohibited in the West Atlantic Avenue Overlay District by Section 4.4,@(G)(1)(a): (Add the following) (6) Astrologists. clairvoyants, fortune tellers, palmists. [~hrenolooists, Dsvchic readers, spiritualists, numerolooists and mental healers, sub!ect to the J~c-ation~l r~strictions of Section 4.4.9(H)(5) - x~//Special Re~lulations: {Add the following) (5) Astrologists. clairvoyants, fortune tellers, palmists. phrenologists, psychic readers, spiritualists, numerolooists and mental healers are limited to the geographical areas along N.E. and S.E.-5~ and 6~ Avenues (Federal Highway pairs), between S.E. 10~ Street and S.E. 3rd Street, and between N.E. 4th Street and N.E. 7~ Street, and shall be limited to no more then one of each business every 300', measured in a straight line from lot line to lot line.