Ord 45-02ORDINANCE NO. 45-02
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA AMENDING CHAPTER FOUR, "ZONING
REGULATIONS," OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, BY AMENDING SECTION 4.3.2, "DETERMINING USE,"
SUBSECTION 4.3.2 (C)0), "PROHIBITED USES," BY PROHIBITING USES
NOT AIJ.OWED PURSUANT TO FLORIDA STATE STATUTES;
AMENDING SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC
USES", BY ENACTING SUBSECTION 4.3.3 (DD), "DRUG
PARAPHERNALIA", TO PROVIDE FOR THE PROHIBITION OF THE
SALE OF DRUG PARAPHERNALIA AND THE OPERATION OF DRUG
PARAPHERNALIA BUSINESSES; PROVIDING A SAVINGS CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHERF2tS, the City Commission of the City of Delray Beach, Florida has become very
concerned about the increased use of illegal drugs and controlled substances within the City; and
WHEREAS, the sale of drug paraphernalia contributes to an atmosphere of community
acceptance of illegal use of controlled substances; and
WHEREAS, the City Commission finds that it is in the best interest of the health, safety and
welfare, of the citizens of the City to restrict access to such drug paraphernalia.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA:
Section 1. That Chapter Four, "Zoning Regulations", of the Land Development
Regulations of the City of Delray Beach, Florida, Section 4.3.2, "Determining Use", Subsection
4.3.2(C)(3) be, and the same is hereby amended to read as follows:
Uses Not Listed: In most instances it is clear that a specific use is allowable under a
use category (i.e. the specific use of "sale of clothing directly to a consumer" is
allowed under the category of "general retail sales"). Some specific uses (e.g. sale of
automobiles) involve a special product which is identified as such within these
regulations and hence are allowed only as listed. However, in some cases, it may be
necessary to have an interpretation made to determine whether or not a use is
allowable. In such cases, the following applies:
O)
Interpretation By Director: In situations where a specific use is not listed in
examples provided under a type, the Director may determine that a specific
use is allowable on the basis that it is identical to uses listed in the examples.
The Director shall maintain a list of such determinations.
(2)
Determination of Similarity of Use: In situations where the Director finds
that the requested use is not identical but has similar characteristics to
allowable uses or when the use is of a specific nature (e.g. automobile sales)
and is listed as a specific use in another zone district, the use may be
established within a specific zone district by action of the Planning and
Zoning Board in authorizing it through a determination of similarity of use.
(3)
Prohibited Uses: When a use is prohibited by State law or by City Ordinance
or when such use is not expressly included or expressly allowed by
application of Subsection 4.3.2(C) (1) or (2), then it shall be considered a
prohibited use and not allowed within the Zoning District.
Section 2. That Chapter Four, "Zoning Regulations", of the Land Development
Regulations of the City of Deb:ay Beach, Florida, Section 4.3.3, "Special Requirements for Specific
Uses", be, and the same is hereby amended by enacting Subsection 4.3.3 (DD), "Drug
Paraphernalia" to read as follows:
(DD) Drug Paraphernalia (as defined by Section 893.145 Fla. Stat.):
(1) General: It shall be unlawful for any person to sell or offer for sale drug
paraphernalia or to operate a business which primarily sells drug paraphernalia.
(a) Exemptions: This section shall not apply to:
Any person authorized by local, State, or Federal law to
manufacture, possess, or distribute such items, or
Any item that, in the normal lawful course of business is
imported, exported, transported, or sold through the mail or
by any other means, and traditionally intended for use with
tobacco products, including any pipe. paper, or accessory.
Section 3. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than
the part declared to be invalid.
2 ORD. NO. 45-02
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 immediately upon its passage on
second and fmal reading.
/~d'.~. PASSED AN~.~)P~, D in regular session on second and final reading on this day of~ ,2002.
MAYOR
ATTEST:
City Clerk
First Readin~
Second Reading[~~---
3 ORD. NO. 45-02
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM #' I 0 Q_~. REGULAR MEETING OF OCTOBER 1, 2o02
ORDINANCE NO. 45-02 (AMENDING LDR SECTIONS 4.3.2(C)(3) AND
4.3.3(DD))
SEPTEMBER 27, 2002
This ordinance is before Commission for second reading and second public heating to amend Land
Development Regulations (I.DR) Sections 4.3.2(C)(3) and 4.3.3(DD) regarding Drug Paraphernalia.
Ordinance No. 45-02 modifies LDR Section 4.3.2(C)(3) by adding uses prohibited by the Florida State
Statutes or the City of Delray Beach Code of Ordinances; and adds a new section "Drug
Paraphernalia" to Section 4.3.3(DD) making it unlawful to sell or offer for sale drug paraphemali~ or
operate a business selling the same. In addition, this section provides exemptions for vendors
authorized by law to manufacture, possess, or distribute these items and any item traditionally
intended for use with tobacco products.
The Planning and Zoning Board held a public hearing regarding this item. There was no public
testimony. After reviewing this amendment, the Board voted 6-0 to recommend to the City
Commission approval of the proposed amendment, based upon positive findings with respect to
I.DR Section 2.4.5(M).
At the first reading and first public hearing on September 17, 2002, the City Commission passed the
Ordinance No. 45-02 unanimously.
Recommend approval of Ordinance No. 45-02 on second and final reading.
S:\City Clerk\chevelle folder\agenda memos\Ord.45.0Z10.1.02
TO:
FROM:
SUBJECT:
cHARDEN, CITY MANAGER
TOR OF PLANNING AND ZONING
MEETING OF SEPTEMBER 17, 2002 CONSIDERATION OF
AN AMENDMENT TO THE LAND DEVELOPMENT
REGULATIONS REGARDING DRUG PARAPHERNALIA.
This amendment involves two sections of the LDR's, Section 4.3.2 (C) (3) and
Section 4.3.3 (DD). Section 4.3.2 is being modified to add those uses prohibited
by State law or City ordinance to uses which are prohibited in the LDR's. The
modifications to Section 4.3.3 (DD) adds a new section to "Special Requirements
for Specific Uses" by adding "Drug Paraphernalia" along with a reference to it
being unlawful to sell or offer for sale drug paraphernalia or operate a business
which primarily sells drug paraphemalia. The section also provides for
exemptions for those authorized by law to manufacture, possess or distribute
such items and for any item traditionally intended for use with tobacco products.
Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be
based upon a finding that the amendment is consistent with and furthers the
Goals, Objectives, and Policies of the Comprehensive Plan. While the
amendment does not specifically further the Goals, Objectives, and Policies of
the Comprehensive Plan, it is not inconsistent with them.
The Planning and Zoning Board considered the amendment at their August 19,
2002 meeting and no one from the public spoke. The Board unanimously
recommended approval on a 6-0 (Dwayne Randolph absent) vote.
By motion, approve the amendments to the Land Development Regulations
Section 4.3.2 (C)(3) and 4.3.3(DD) relating to prohibited uses and the sale of
drug paraphernalia based upon positive findings with LDR Section 2.4.5(M).
Attachment: Proposed Ordinance
ORDINANCE NO. 45-02
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAYBEACH, FLORIDA AMENDING CHAPTER FOUR, ~ZONING
REGULATIONS," OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, BY AMENDING SECTION 4.3.2, "DETERMINING USE,"
SUBSECTION 4.3.2 (Q(3), ~PROHIBITED USES," BY PROHIBITING USES
NOT ALLOWED PURSUANT TO FLORIDA STATE STATUTES;
AMENDING SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC
USES", BY ENACTING SUBSEGTION 4.3.3 (DD), "DRUG
PARAPHERNALIA", TO PROVIDE FOR THE PROHIBITION OF THE
SALE OF DRUG PARAPHERNALIA AND THE OPERATION OF DRUG
PARAPHERNALIA BUSINESSES; PROVIDING A SAVINGS CIAUSE, A
GENERAL REPEALER CIAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida has become very
concerned about the increased use of illegal drags and controlled substances within the City;, and
WHEREAS, the sale of drag paraphemalia contributes to an atmosphere of community
acceptance of illegal use of controlled substances; and
WHEREAS, the City Commission finds that it is in the best interest of the health, safety and
welfare, of the citizens of the City to restrict access to such drug paraphernalia.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA:
Section 1. That Chapter Four, "Zoning Regulations", of the Land Development
Regulations of the City of Delray Beach, Florida, Section 4.3.2, "Determining Use", Subsection
4.3.2(Q(3) be, and the same is hereby amended to read as follows:
Uses Not Listed: In most instances it is clear that a specific use is allowable under a
use category (i.e. the specific use of "sale of clothing directly to a consumeF' is
allowed under the category of "general retail sales"). Some specific uses (e.g. sale of
automobiles) involve a special product which is identified as such within these
regulations and hence are allowed only as listed. However, in some cases, it may be
necessary to have an interpretation made to determine whether or not a use is
allowable. In such cases, the following applies:
O)
Interpretation By Directon In situations where a specific use is not listed in
examples provided under a type, the Director may determine that a specific
use is allowable on the basis that it is identical to uses listed in the examples.
The Director shall maintain a list of such determinations.
Determination of Similarity of Use: In situations where the Director finds
that the requested use is not identical but has similar characteristics to
allowable uses or when the use is of a specific nature (e.g. automobile sales)
and is listed as a specific use in another zone district, the use may be
established within a specific zone district by action of the Planning and
Zoning Board in authorizing it through a determination of similarity of use.
(3)
Prohibited Uses: When a use is prohibited by State law or by City Ordinance
or when such use is not expressly included or expressly allowed by
application of Subsection 4.3.2(Q (1) or (2), then k shall be considered a
prohibited use and not allowed within the Zoning District.
Section 2. That (]aapter Four, "Zoning Regulations", of the Land Development
Regulations of the City of Delray Beach, Florida, Section 4.3.3, "Special Requirements for Specific
Uses", be, and the same is hereby amended by enacting Subsection 4.3.3 (DD), "Drag
Paraphernalia" to read as follows:
ODD) Drag Paraphernalia (as defined bySection 893.145 Fla. Stat.):
(1) General: It shall be unlawful for any person to sell or offer for sale drag
paraphernalia or to operate a business which primarily sells drag paraphernalia.
(a) Exemptions: This section shall not applyto:
Any person authorized by local, State, or Federal hw to
manufacture, possess, or distribute such items, or
Any item that, in the normal lawful course of business is
imported, exported, transported, or sold through the mail or
by any other means, and traditionally intended for use with
tobacco products, including any pipe, paper, or accesso .ry.
Section 3. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than
the part declared to be invalid.
2 ORD. NO. 45-02
Section 4. That all ordinances or pans of ordinances in conflict herewith, be, and the
same are hereby repealed.
Section 5. 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
day of ., 2002.
MAYOR
ATI'EST:
City C~erk
First Reading.
Second Reading
3 ORD. NO. 45-02
CITY OF DELRAY BEACH
NOTICE OF PROPOSED AMENDMENT TO THE LAND
- DEVELOPMENT REGULATIONS SECTION 43,2
'PROHIBITED USES' AND SECTION 4.3.3(DD) REGARDING
THE PROHIBITION OF THE SALE OF DRUG PARAPHERNALIA
AND THE OPERATION OF DRUG PARAPHERNALIA BUSINESSES
The City Commission of the City of Delray Beach, Florida,
proposes to adopt the following ordinance:
ORDINANCE NO. 45-02
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA AMENDING CHAPTER
FOUR, "ZONING REGULATIONS,' OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, BY
AMENDING SECTION 4.3.2, "DETERMINING USE,'
SUBSECTION 4.3,2(C)(3), "PROHIBITED USES,' BY
PROHIBITING USES NOT ALLOWED PURSUANT TO
FLORIDA STATE STATUTES; AMENDING SECTION 4.3.3;
'SPECIAL REQUIREMENTS FOR SPECIFIC USES", BY
ENACTING SUBSECTION 4.3.3(DD), 'DRUG
PARAPHERNALIA", TO PROVIDE FOR THE PROHIBITION
OF THE SALE OF DRUG PARAPHERNALIA AND THE
OPERATION OF DRUG PA.RAPHERNALIA BUSINESSES;
PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER
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, ~EPTEMBER 17~ 2002, AT 7:00 P.M. in the
Commission Chambers at City Hall, 100 N.W. 1st Avenue,
Delray Beach, Florida. If the proposed ordinance is passed on
first reading, a second Public Hearing will be held on
TUESDAY, OCTOBER 1~ 2002, 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 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 (email at
pzmail@delrayplanning.or.q) or by calling 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 T.O ANY MAT'I~R CONSIDERED AT THESE
HEARINGS, SUCH PERSON MAY NEED TO ENSURE THAT
A VERBATII~I ~R~CORD INCLLJDES 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.
CITY OF DELRAY
Put~ish: a~ray Ns~s Barbara Garito, CMC
Mormy, S~p~b~r ~. 2oo~ City Clerk
AD~ NS09027.
CITY OF DELRAY BEACH
NOTICE OF PROPOSED AMENDMENT TO THE' LAND
DEVELOPMENT REGULATIONS SECTION 4,3.2
'PROHiBITED USES' AND SECTION 4,3,3(DD) REGARDING
THE PROHIBiTiON OF THE SALE OF DRUG PARAPHERNALIA
AND THE OPERATION OF DRUG PARAPHERNALIA BUSINESSES
The City Commission of t~e City of Delray Beach, Florida,
proposes to adopt the following ordinance~
ORDINANCE NO. 45-02
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA AMENDING CHAPTER
FOUR, 'ZONING REGULATIONS,' OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, BY
AMENDING SECTION 4.3.2, 'DETERMINING USE,'
SUBSECTION 4.3.2(C)(3), 'PROHIBITED USES,' BY
PROHIBITING-USES NOT ALLOWED PURSUANT TO
FLORIDA STATE STATUTES; AMENDING SECTION 4.3.3,
'SPECIAL REQUIREMENTS FOR SPECIFIC USES', BY
ENACTING SUBSECTION 4.3.3(DD), 'DRUG
PARAPHERNALIA', TO PROVIDE FOR THE PROHIBITION
OF THE SALE OF DRUG PARAPHERNALIA AND THE
OPERATION OF DRUG PARAPHERNALIA BUSINESSES;
PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER
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,. SEPTEMBER 17, 2002, AT 7:00 RM. in the
Commission Chambers at City Hall, 100 N.W. 1st Avenue,
Delray Beach, Florida. If the proposed ordinance is passed on
first reading, a second Public Hearing will be held on
TUESDAY, OCTOBER 1, 2002, AT 7:00 RM., (or at any
continuation of such ,meeting, which is set by the Commission).
All interested citizens are invited to attend the p~blic 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 (email at
pzmail@delrayplanning.org) or by calling 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-rER 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 RS. 286.0105.
CITY OF DELRAY
Barbara Garito, CMC
Publish: Boca/O~ray News City Clerk
Wednesday, September 25, 2002 - -
AD~t NS09027. ~