Ord 41-11ORDINANCE NO. 41-11
AN ORDINANCE OF THE CITY COMNIISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS, BY AMENDING SECTION 2.4.6,
"PROCEDURES FOR OBTAINING PERMITS AND APPROVALS ",
SUBSECTION (F), "TEMPORARY USE PERMIT ", TO CLARIFY THAT
THE CHIEF BUILDING OFFICIAL MAY GRANT PERMISSION FOR
TEMPORARY USES, PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach has the authority to protect the health,
safety and wElfare of its citizens; and
WHEREAS, the City Commission of the City of Delray Beach has the authority to make regulations
pertaining to land use and development within the City of Delray Beach, and
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed
text amendment at a public hearing held on October 17, 2011 and voted 7 to 0 to recommend that the changes
be approved; 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 goals, objectives and
policies of the Comprehensive Plan; and
WI AREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and
Zoning Staff Report, and
WHEREAS, the City Commission of the Cityof Delray Beach finds the ordinance is consistent with the
Comprehensive Plan
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That Section 2.4.6, "Procedures for Obtaining Permits and Approvals ", Subsection (F),
"Temporary Use Permit", of the Land Development Regulations of the Code of Ordinances of the City of Delray
Beach, Florida, is hereby amended to read as follows:
(F) Temporary Use Permit: A temporary use shall be required for any of the uses listed
below. The granting authority of each use is as shown.
1. Circuses or Carnivals -- City Commission
2. Uses under a Tent -- City Commission or Chief BuildulgOfficial
3. Sales Offices and Models at a Residential Development Site -- Chief Building
Official
4. Construction Trailers and Compounds -- Chief Building Official
5. City Operated Facilities -- City Commission
6. Seasonal Farmer's Market -- City Commission
7. Temporary Parking Lots -- City Commission
8. Horse Drawn Carriage Rides, Ice Skating Rink, Carousel, and Other Related
Holiday, Seasonal /Temporary Uses — City Commission
(1) Rule: No temporary use shall be allowed except as provided in this Subsection (H) or
as otherwise provided for in these regulations.
(2) Required Information: A request for a temporary use shall be made via letter to the
granting authority. The letter shall contain the following information, as applicable to the use being
requested
(a) Name of petitioner;
(b) Name of property owner and consent therefrom;
(c) Location of site;
(d) Purpose, activity to be conducted;
(e) Period of use;
(f) Proof of ability to connect temporary electric services (see Article 7.2);
(g) Proof of ability to provide toilet facilities for both men and women on the
premises, subject to approval of the County Health Department;
(h) How foodstuffs are to be handled,
2 ORD. NO. 41-11
In addition, for circuses and carnivals, the following is required-
(i) The nature of the advertising or promotion activity to be conducted for the
circus or carnival;
(j) Proof of whether or not the applicant, or the individual identified as having the
management authority or supervision of the circus or carnival, has been
convicted of any crime or misdemeanor and, if so, the nature of each offense
and the penalty assessed for each offense;
(k) If specifically required, copies of all printed advertising proposed to be used in
promoting the use;
(1) If specifically required, credentials from the person, if any, for which the
applicant proposes to do business, authorizing the applicant to act as such
representative.
(3) Regulations and Restrictions:
(a) Uses Under a Tent:
1. The use of a tent, or tents, shall only be as follows:
a. The sale of seasonal items which, when protected from the sun,
provides for a less hazardous product for public use (i.e.
Christmas tree sales);
b. Assembly occupancies to protect the public from the elements.
Tents for these uses can be approved for up to 3 days by the
Chief Building Official Requests for more than 3 days up to a
maximum of 7 day requires City Commission approval
C. The use of tents for retail sales or other commercial use is
prohibitect except as otherwise permitted in this section
2. The tent and site shall comply with the following
a The tent shall be approved by the Fire Marshall for fire
resistance.
b. Adequate fire protection equipment, in a type and capacity as
approved by the Fire Marshall, shall be provided on the premises
at all times.
3 ORD. NO. 41-11
C. Payment of a permit fee [2.4.3(K)l and a deposit of $50 which
shall be returned upon determination by the Chief Building
Official that all debris resulting from the use has been removed
from the site.
d Obtaining of permits for electrical and health and sanitation
facilities, as applicable.
(b) Circuses and Carnivals:
1. An investigation of the applicant's business reputation shall be
conducted by the City and the request shall not be approved if such
investigation discloses tangible evidence that the conduct of the circus
or carnival would pose a substantial threat to the public health, safety,
morals, or general welfare.
2. Permits for electrical and health and sanitation facilities, as applicable,
shall be obtained
(c) Seasonal Farmer s Market:
A fannet's market may be permitted within that portion of the City's
Transportation Concurrency Exception Area that is west of the
Intracoastal Waterway, for the purposes of downtown revitalization,
subject to the following restrictions:
a The market must be sponsored by the Community
Redevelopment Agency, the Downtown Joint Venture, or other
agency which is formulated for the purposes of economic
development as approved by the City Commission
b. Operation of the market is to be limited to the growing season
(generally, November through May), but not more than one day
per week, unless specifically authorized by the City Commission
The Commission shall establish the specific days and hours of
operation, as well as the duration of the temporary use permit.
C. Products to be sold shall consist of agricultural produce, plants
and flowers; baked goods; and cheeses. The Commission may
also at its discretion approve the limited sale of related products
such as handmade crafts, prepared foods, and promotional items
bearing the name of the City and the market. The sale of such
4 ORD. NO. 41-11
additional items, if approved, shall be limited to a specific
number or percentage of the total vendors.
d The Commission may approve the design elements of the
market (i.e. site layout, types of tents/booths to be erected, etc.),
or may defer such elements to the Site Plan Review and
Appearance Board (SPRAB) or the Historic Preservation Board
(HPB) as appropriate. All elements must comply with applicable
health, safety and fire codes.
e. Permits for electrical and health and sanitation facilities, as
applicable, shall be obtained
(d) Horse Drawn Carriage Rides, Ice Skating Rink, Carousel, and Other
Related Holiday, Seasonal /Temporary Uses:
1. The horse drawn carriage rides, ice skating rink, carousel, and other
related holiday, seasonal /temporary uses must be sponsored by the City,
Community Redevelopment Agency, the Downtown Joint Venture, or
other agency which is formulated for the purposes of economic
development as approved by the City Commission. The
owner /operator of the horse drawn carriage rides must have a license
agreement approved by the City Commission prior to commencing the
use.
In addition to the holiday, seasonal, and temporary uses referred to in
Section 2.4.6(F)(3)(d)(1) above, horse drawn carriage rides are also
permitted for certain special events under the terms and for the times
permitted in a license agreement. Horse drawn carriage special event
rides not governed by Section 2.4.6(F)(3)(d)(1) above, are only permitted
between 6:00 p.n-L and 10:00 p.m from June l'through November 1,
except for weddings, which may also occur between the hours of 8:00
a.m. and 12:00 noon from June 1' through November V.
(e) Temporary Parking Lots:
A temporary parking lot may be permitted within the following areas:
a. the portion of the Central Business District (CBD) and Community
Facilities (CF) District which is bounded by Swinton Avenue on the
west, the Intracoastal Waterway on the east, N.E. 2"d Street on the
north, and S.E. 2' Street on the south,
5 ORD. NO. 41-11
*" b. the portion of the CBD and CBD -RC District which is bounded by
N.E. 2' Avenue on the west, the FEC Railway on the east, N.E. 2 "d
Street on the south and N.E. 4th Street on the north;
** c. the portion of the CBD located east of the Intracoastal Waterway,
d. the non - residential zoning districts bounded by Swinton Avenue on the
east, I -95 on the west, N.W. 1" Street on the north, and S.W. 1s1 Street
on the south
2. Temporary parking lot spaces shall not be used to fulfill minimum off -
street parking requirements for new development or redevelopment.
Temporary lots may be used to supplement required parking
3. Prior to issuance of the temporary use permit, the applicant shall submit
a site plan which includes proposed grade elevations, landscaping and
other information which addresses the regular maintenance of the
parking surface and irrigation of the landscaped areas.
4. The City Engineer shall approve the grading plan for the parking lot.
The site plan shall be reviewed and recommended for approval by the
Parking Management Advisory Board prior to submission to the City
Commission for consideration
5. Permits for temporary parking lots shall be issued for a one -year period
Permits may be renewed annually to a maximum of three (3) years upon
review and positive recommendation by the Parking Management
Advisory Board
6. The temporary parking lot shall be monitored for compliance with the
approved plan Should the City Manager find that the operation of a lot
is not in compliance or if the lot has an adverse effect on surrounding
properties, and the applicant is unable or unwilling to rectify the
problem the permit may be reviewed by the City Commission for
possible revocation
7. Within thirty (30) days of expiration of the permit, all rock or gravel
surfaces shall either be removed or covered with top soil. The site shall
then be sodded or landscaped as determined acceptable by the Planning
and Zoning Department.
8. A temporary parking lot shall be constructed to the following
specifications:
6 ORD. NO. 41-11
a. The parking lot surface shall be brought to grade with a dust -free
surface of one of the following materials over soil which has
been compacted to 95% maximum density per AASHTO T -180:
** 1. four inches of crushed limerock or shellrock coated with
a prime coat per FDOT "Standard Specifications for
Road and Bridge Construction', latest edition;
**2. four inches of pearock, gravel or river rock; or
** 3. six inches of mulch
b. If the lot is not operated on a 100% valet basis, wheel stops shall
be provided as a means to indicate individual spaces. The size of
the parking spaces, maneuvering areas and aisle widths shall be
subject to the standards of Section 4.6.9(D)(4). In addition, the
parking lot shall meet the requirements of the "Florida
Accessibility Code for Building Construction'.
C. If the lot is operated on a 100% valet basis, then wheel stops
shall be provided at the edge of the parking surface.
CL The lot shall meet the requirements of Section 4.6.9(D)(3) for
access to the street system. Driveway aprons betvveen the edge
of pavement and the right -of -way line shall be constructed of
asphalt or concrete.
e. The parking lot perimeter shall be buffered with a minimum 3
feet wide landscape strip, screened with a minimum 2 feet high
hedge or 4 feet high opaque fence. Water for irrigation shall be
available within fifty (50) feet of all landscaped areas.
f. If the parking lot is to be utilized at night, the applicant shall
contract with FPL to install supplementary lighting on adjacent
power poles where possible. The applicant may, as an option,
provide alternative on -site lighting for the parking lot.
g. Trees of 4 inches or greater diameter at 4-1/2 feet above the
ground shall not be removed
7 ORD. NO, 41-11
(4) Procedures: Upon receipt of all required information, the granting authority shall take
the request under consideration and upon assurance that all applicable regulations and requirements will
be met, the authority shall issue a temporary use permit for a period of time as specified in the permit.
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
Section 4.
hereby repealed
Section 5.
final reading.
That all ordinances or parts of ordinances in conflict herewith shall be, and the same are
That this ordinance shall become effective immediately upon its passage on second and
P ED AND ADOPTED in regular session on
2011.
ATTEST:
City Clerk
First Rea ' 1.
Second Reading
.Q--.
Td final rea ' this V 5 day of
bah
MAYOR
8 ORD. NO. 41-11
Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM: David T. Harden, City Manager
DATE: November 3, 2011
Page l of 1
SUBJECT: AGENDA ITEM 10.D. - REGULAR COMMISSION MEETING OF NOVEMBER 15, 2011
ORDINANCE NO. 41-11
ITEM BEFORE COMMISSION
This ordinance is before Commission for second reading to consider a city initiated amendment to the
Land Development Regulations (LDR) Section 2.4.6(F), "Temporary Use Permit ", to clarify the
approval authority for uses under a tent.
BACKGROUND
At the first reading on November 1, 2011, the Commission passed Ordinance No. 41 -11.
RECOMMENDATION
Recommend approval of Ordinance No. 41 -11 on second and final reading.
http:// itwebapp /AgendalntranetBluesheet .aspx ?ItemID =5101 &MeetingID =337 11/23/2011
ORDINANCE NO. 41-11
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS, BY AMENDING SECTION 2.4.6,
"PROCEDURES FOR OBTAINING PERMITS AND APPROVALS ",
SUBSECTION (F), "TEMPORARY USE PERMIT", TO CLARIFY THAT
THE CHIEF BUILDING OFFICIAL MAY GRANT PERMISSION FOR
TEMPORARY USES, PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach has the authority to protect the health,
safety and welfare of its citizens; and
WHEREAS, the City Commission of the City of Delray Beach has the authority to make regulations
pertaining to land use and development within the City of Delray Beach; and
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed
text amendment at a public hearing held on October 17, 2011 and voted 7 to 0 to recommend that the changes
be approved; 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 goals, objectives and
policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and
Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the
Comprehensive Plan
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That Section 2.4.6, "Procedures for Obtaining Permits and Approvals ", Subsection (F),
"Temporary Use Permit ", of the Land Development Regulations of the Code of Ordinances of the City of Delray
Beach, Florida, is hereby amended to read as follows:
(F) Temporary Use Permit: A temporary use shall be required for any of the uses listed
below. The granting authority of each use is as shown
1. Circuses or Carnivals -- City Commission
2. Uses under a Tent -- City Commission or Chief Building Official
3. Sales Offices and Models at a Residential Development Site — Chief Building
Official
4. Construction Trailers and Compounds -- Chief Building Official
5. City Operated Facilities — City Commission
6. Seasonal Farmer's Market -- City Commission
7. Temporary Parking Lots -- City Commission
8. Horse Drawn Carriage Rides, Ice Skating Rink, Carousel, and Other Related
Holiday, Seasonal/Temporary Uses — City Commission
(1) Rule: No temporary use shall be allowed except as provided in this Subsection (H) or
as otherwise provided for in these regulations.
(2) Required Information: A request for a temporary use shall be made via letter to the
granting authority. The letter shall contain the following information, as applicable to the use being
requested
(a) Name of petitioner;
(b) Name of property owner and consent therefrom;
(c) Location of site;
(d) Purpose, activity to be conducted,
(e) Period of use;
(f) Proof of ability to connect temporary electric services (see Article 7.2);
(g) Proof of ability to provide toilet facilities for both men and women on the
premises, subject to approval of the County Health Department;
(h) How foodstuffs are to be handled;
2 ORD. NO. 41-11
In addition, for circuses and carnivals, the following is requrired:
(i) The nature of the advertising or promotion activity to be conducted for the
circus or carnival;
(j) Proof of whether or not the applicant, or the individual identified as having the
management authority or supervision of the circus or carnival, has been
convicted of any crime or misdemeanor and, if so, the nature of each offense
and the penalty assessed for each offense;
(k) If specifically required, copies of all printed advertising proposed to be used in
promoting the use,
(1) If specifically required, credentials from the person, if any, for which the
applicant proposes to do business, authorizing the applicant to act as such
representative.
(3) Regulations and Restrictions:
(a) Uses Under a Tent:
1. The use of a tent, or tents, shall only be as follows:
a. The sale of seasonal items which, when protected from the sun,
provides for a less hazardous product for public use (i.e.
Christmas tree sales);
b. Assembly occupancies to protect the public from the elements.
maximum of 7 da,)5 reclurires Qjy Con nission approval.
C. The use of tents for retail sales or other commercial use is
prohibited, except as otherwise permitted in this section
2. The tent and site shall comply with the following.
a. The tent shall be approved by the Fire Marshall for fire
resistance.
b. Adequate fire protection equipment, in a type and capacity as
approved by the Fire Marshall, shall be provided on the premises
at all times.
3 ORD. NO. 41-11
C. Payment of a permit fee [2.4.3(x)] and a deposit of $50 which
shall be returned upon determination by the Chief Building
Official that all debris resulting from the use has been removed
from the site.
d Obtaining of permits for electrical and health and sanitation
facilities, as applicable.
(b) Circuses and Carnivals:
An investigation of the applicant's business reputation shall be
conducted by the City and the request shall not be approved if such
investigation discloses tangible evidence that the conduct of the circus
or carnival would pose a substantial threat to the public health, safety,
morals, or general welfare.
2. Permits for electrical and health and sanitation facilities, as applicable,
shall be obtained
(c) Seasonal Farmer s Market:
1. A farmer's market may be permitted within that portion of the City's
Transportation Concurrency Exception Area that is west of the
Intracoastal Waterway, for the purposes of downtown revitalization,
subject to the following restrictions:
a The market must be sponsored by the Community
Redevelopment Agency, the Downtown Joint Venture, or other
agency which is formulated for the purposes of economic
development as approved by the City Commission
b. Operation of the market is to be limited to the growing season
(generally, November through May), but not more than one day
per week, unless specifically authorized by the City Commission
The Commission shall establish the specific days and hours of
operation, as well as the duration of the temporary use permit.
C. Products to be sold shall consist of agricultural produce, plants
and flowers; baked goods; and cheeses. The Commission may
also at its discretion approve the limited sale of related products
such as handmade crafts, prepared foods, and promotional items
bearing the name of the City and the market. The sale of such
4 ORD. NO. 41-11
additional items, if approved, shall be limited to a specific
number or percentage of the total vendors.
d The Conanission may approve the design elements of the
market (i.e. site layout, types of tents/booths to be erected, etc.),
or may defer such elements to the Site Plan Review and
Appearance Board (SPRAB) or the Historic Preservation Board
(HPB) as appropriate. All elements must comply with applicable
health, safety and fire codes.
e. Permits for electrical and health and sanitation facilities, as
applicable, shall be obtained
(d) Horse Drawn Carriage Rides, Ice Skating Rink, Carousel, and Other
Related Holiday, Seasonal /Temporary Uses:
1. The horse drawn carriage rides, ice skating rink, carousel, and other
related holiday, seasonal /temporary uses must be sponsored by the City,
Community Redevelopment Agency, the Downtown Joint Venture, or
other agency which is formulated for the purposes of economic
development as approved by the City Commission The
owner /operator of the horse drawn carriage rides must have a license
agreement approved by the City Commission prior to commencing the
use.
In addition to the holiday, seasonal, and temporary uses referred to in
Section 2.4.6(F)(3)(d)(1) above, horse drawn carriage rides are also
permitted for certain special events under the terms and for the times
permitted in a license agreement. Horse drawn carriage special event
rides not governed by Section 2.4.6 (F)(3)(d)(1) above, are only permitted
between 6:00 p.m and 10:00 p.m from June 1"through November 1,
except for weddings, which may also occur between the hours of 8:00
a.m. and 12:00 noon from June 1' through November 1'.
(e) Temporary Parking Lots:
1. A temporary parking lot may be permitted within the following areas:
a. the portion of the Central Business District (CBD) and Community
Facilities (CF) District which is bounded by Swinton Avenue on the
west, the Intracoastal Waterway on the east, N.E. 2nd Street on the
north, and S.E . 2' Street on the south;
5 ORD. NO. 41-11
—* b. the portion of the CBD and CBD -RC District which is bounded by
N.E . 2" d Avenue on the west, the FE C Railway on the east, N.E . 2'd
Street on the south, and N.E. 4' Street on the north;
** c. the portion of the CBD located east of the Intracoastal Waterway,
d. the non - residential zoning districts bounded by Swinton Avenue on the
east, I -95 on the west, N.W. 1' Street on the nortly and S.W. V Street
on the south
2. Temporary parking lot spaces shall not be used to fulfill minimum off -
street parking requirements for new development or redevelopment.
Temporary lots may be used to supplement required parking.
3. Prior to issuance of the temporary use permit, the applicant shall submit
a site plan which includes proposed grade elevations, landscaping and
other information which addresses the regular maintenance of the
parking surface and irrigation of the landscaped areas.
4. The City Engineer shall approve the grading plan for the parking lot.
The site plan shall be reviewed and recommended for approval by the
Parking Managemnt Advisory Board prior to submission to the City
Commission for consideration
5. Permits for temporary parking lots shall be issued for a one -year period
Permits may be renewed annually to a maximum of three (3) years upon
review and positive recommendation by the Parking Management
Advisory Board
6. The temporary parking lot shall be monitored for compliance with the
approved plar-L Should the City Manager find that the operation of a lot
is not in compliance or if the lot has an adverse effect on surrounding
properties, and the applicant is unable or unwilling to rectify the
problem the permit may be reviewed by the City Commission for
possible revocation
7. Within thirty (30) days of expiration of the permit, all rock or gravel
surfaces shall either be removed or covered with top soil. The site shall
then be sodded or landscaped as detennined acceptable by the Planning
and Zoning Department.
8. A temporary parking lot shall be constructed to the following
specifications:
6 ORD. NO. 41-11
a. The parking lot surface shall be brought to grade with a dust -free
surface of one of the following materials over soil which has
been compacted to 95% maxinumn density per A.ASHTO T -180:
** 1. four inches of crushed limerock or shellrock coated with
a prim coat per FDOT "Standard Specifications for
Road and Bridge Constnaction', latest edition;
* 2. four inches of pearock, gravel or river rock; or
* 3. six inches of mulch.
b. If the lot is not operated on a 100% valet basis, wheel stops shall
be provided as a mans to indicate individual spaces. The size of
the parking spaces, maneuvering areas and aisle widths shall be
subject to the standards of Section 4.6.9(D)(4). In addition, the
parking lot shall meet the requirements of the "Florida
Accessibility Code for Building Constnaction'.
C. If the lot is operated on a 100% valet basis, then wheel stops
shall be provided at the edge of the parking surface.
CL The lot shall meet the requirements of Section 4.6.9(D)(3) for
access to the street system. Driveway aprons betwel the edge
of pavement and the right -of -way line shall be constructed of
asphalt or concrete.
e. The parking lot perimeter shall be buffered with a minimum 3
feet wide landscape strip, screened with a minimum 2 feet high
hedge or 4 feet high opaque fence. Water for irrigation shall be
available within fifty (50) feet of all landscaped areas.
If the parking lot is to be utilized at night, the applicant shall
contract with FPL to install supplementary lighting on adjacent
power poles where possible. The applicant may, as an option,
provide alternative on -site lighting for the parking lot.
g. Trees of 4 inches or greater diameter at 4-1/2 feet above the
ground shall not be removed
7 ORD. NO. 41-11
(4) Procedures: Upon receipt of all required information, the granting authority shall take
the request Linder consideration and upon assurance that all applicable regulations and requirements will
be met, the authority shall issue a temporary use permit for a period of time as specified in the permit.
Section I That should any section or provision of this ordnance 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 4. That all ordinances or parts of ordinances in conflict herewith shall 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
, 2011.
ATTEST:
City Clerk
First Reading
Second Reading
M STIM
8 ORD. NO. 41-11
Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
Page 1 of 1
FROM: MARK MCDONNELL, AICP, ASST. DIRECTOR PLANNING AND ZONING
PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING
THROUGH: CITY MANAGER
DATE: October 26, 2011
SUBJECT: AGENDA ITEM 12.C. - REGULAR COMMISSION MEETING OF NOVEMBER 1, 2011
ORDINANCE NO. 41-11
ITEM BEFORE COMMISSION
Approval of a city - initiated amendment to the Land Development Regulations (LDRs) that will clarify
the approval authority for uses under a tent.
BACKGROUND
Temporary Use Permits are currently required for a list of uses in Section 2.4.6 (F) of the LDRs, which
includes Uses Under a Tent. Specific uses that are allowed under a temporary tent must currently be
approved by the City Commission. The allowed uses include: the sale of seasonal items, such as
Christmas trees that provide for a less hazardous product when protected from the sun; and assembly
occupancies to protect the public from the elements. The use of tents for retail sales or other commercial
use is prohibited, except as otherwise permitted in this Section. This ordinance adds the Chief Building
Official as a granting authority to approve Temporary Use Permits for uses under a tent including
seasonal items. Further, other than seasonal sales, uses for assembly purposes are limited to a maximum
of 7 days. This can be approved for up to 3 days by the Chief Building Official. Requests for more than
3 days up to a maximum of 7 days require City Commission approval.
REVIEW BY OTHERS
The Planning and Zoning Board reviewed the item at their October 17, 2011 meeting and recommended
approval on a 7 -0 vote.
RECOMMENDATION
By motion, approve Ordinance No. 41 -11 on first reading for a city- initiated amendment to Section
2.4.6 (F) of the Land Development Regulations, by adopting the findings of fact and law contained in
the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets
criteria set forth in Section 2.4.5(M) of the Land Development Regulations.
http:// itwebapp/ Agendalntranet /Bluesheet.aspx ?ItemID= 5079 &MeetingID =335 11/3/2011
PLANNING AND ZONING BOARD
STAFF REPORT
MEETING DATE: OCTOBER 17, 2011
AGENDA NO: V. B.
AGENDA ITEM: CONSIDERATION OF A CITY- INITIATED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS (LDR), BY AMENDING SECTION 2.4.6
(F) "TEMPORARY USE PERMIT ", TO CLARIFY THE APPROVAL
AUTHORITY FOR USES UNDER A TENT.
ITEM BEFORE THE BOARD
The item before the Board is to make a recommendation to the City Commission regarding a city -
initiated amendment to the Land Development Regulations (LDRs) that will clarify the approval
authority for uses under a tent.
Pursuant to 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.
BACKGROUND /ANALYSIS
Temporary Use Permits are currently required for a list of uses included in Section 2.4.6 (F) of the
LDRs, among which include Uses Under a Tent. Specific uses that are allowed under a temporary
tent must currently be approved by the City Commission. The allowed uses include: the sale of
seasonal items, such as Christmas trees that provide for a less hazardous product when protected
from the sun; and assembly occupancies to protect the public from the elements. The use of tents
for retail sales or other commercial use is prohibited, except as otherwise permitted in this Section.
This ordinance adds the Chief Building Official as a granting authority to approve Temporary Use
Permits for uses under a tent including seasonal items. Further, other than seasonal sales, uses
for assembly purposes are limited to a maximum of 7 days. This can be approved for up to 3 days
by the Chief Building Official. Request for more than 3 days up to a maximum of 7 days requires
City Commission approval.
REQUIRED FINDINGS
Comprehensive Plan Conformance
LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the text
amendment is consistent with and furthers the Goals, Objectives and Policies of the
Comprehensive Plan. While there were no specific sections of the Comprehensive Plan to support
the proposed amendment, it is not inconsistent with the Comprehensive Plan.
Planning and Zoning Board Meeting, October 17, 2011
LDR Amendment - Temporary Use Permit, Uses Under a Tent
REVIEW BY OTHERS
Courtesy Notices
Courtesy notices were provided to the following homeowner and civic associations:
• Neighborhood Advisory Council
• Progressive Residents of Delray (PROD)
Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting.
ASSESSMENT AND CONCLUSION
The proposed ordinance will allow seasonal uses under tents to be approved by the Chief Building
Official rather than City Commission as currently written. It is noted this is consistent with past City
Commission direction. The changes will allow short term approval (up to 3 days) for assembly
under a tent by the Chief Building Official, from 3 to 7 days by City Commission, and prohibit
approvals greater than 7 days. The amendment will allow for improved turnaround time for short
term temporary uses, by avoiding the need to wait to be scheduled before the City Commission.
ALTERNATIVE ACTIONS
A. Continue with direction.
B. Move a recommendation of approval to the City Commission of the amendment to Land
Development Regulations, Section 2.4.6 (F) "Temporary Use Permit ", to Clarify the
Approval Authority for Temporary and Seasonal Uses Under a Tent, by adopting the
findings of fact and law contained in the staff report, and finding that the text amendment and
approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in
LDR Section 2.4.5(M)
C. Move a recommendation of denial to the City Commission of the amendment to Land
Development Regulations, Section 2.4.6 (F) "Temporary Use Permit ", to Clarify the
Approval Authority for Temporary and Seasonal Uses Under a Tent, by adopting the
findings of fact and law contained in the staff report, and finding that the text amendment and
approval thereof is inconsistent with the Comprehensive Plan and does not meet the criteria set
forth in LDR Section 2.4.5(M) (motion to be made in the affirmative).
RECOMMENDED ACTION
Recommend approval of the amendment to Land Development Regulations, Section 2.4.6 (F)
"Temporary Use Permit", to Clarify the Approval Authority for Temporary and Seasonal
Uses Under a Tent, by adopting the findings of fact and law contained in the staff report, and
finding that the text amendment and approval thereof is consistent with the Comprehensive Plan
and meets the criteria set forth in LDR Section 2.4.5(M).
Attachment:
Proposed Ordinance
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