Ord 44-98
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ORDINANCE NO. 44-98
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING APPENDIX "A"
(DEFINITIONS) OF THE LAND DEVELOPMENT REGULATIONS
OF THE CITY OF DELRAY BEACH, BY ENACTING
DEFINITIONS OF 'ANTIQUE' AND 'SECONDHAND MATERIAL';
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND 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 September 28, 1998, and voted unanimously to recommend that it 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
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 Appendix "A" (Definitions) of the Land
Development Regulations of the City of Delray Beach, Florida, be, and
the same is hereby amended by enacting the following definitions:
ANTIQUE: An ob'i ect havinq special value or
siqnificance because of its aqe. made in a former
period of at least 40 years aqo. Such obiects may
include but are not limited to furniture.
tableware, art, handicrafts. artifacts, linens.
ruqs. iewelry. curios, and vintaqe clothinq and
accessories.
SECONDHAND MATERIAL: Obiects and clothinq of the
modern period that have been previously used or
worn.
Section 2. That all ordinances or part s of ordinances in
conflict herewith be, and the same are hereby repealed.
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. 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 20th day of October , 1998.
ATTEST:
aL?Im'1?J!.fJ¿IIf1!lK II~
Clty C r
First Reading October 6, 1998
Second Reading October 20, 1998
- 2 - Ord. No. 44-98
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER {7V\
SUBJECT: AGENDA ITEM #/oA - REGULAR MEETING OF OCTOBER 20. 1998
ORDINANCE NO. 44-98 (DEFINITION OF II ANTI QUE " AND
"SECONDHAND MATERIAL II )
DATE: OCTOBER 13, 1998
This is second reading and a public hearing for Ordinance No,
40-98 which amends Appendix "A" (Definitions) of the Land
Development Regulations by enacting definitions of "antique" and
II secondhand material II . This amendment is largely corrective in
nature in that it is being processed to provide clarification for
the enforcement of existing regulations,
There are several areas of the City in which "the sale of
secondhand material, other than verifiable antiques II is
prohibited. These include businesses and properties fronting
along East Atlantic Avenue, West Atlantic Avenue (within the
Redevelopment Area), and most recently along N,E. 2nd Avenue
(Pineapple Grove Way). However, the LDRs do not provide a
definition that clearly specifies the difference between antiques
and secondhand merchandise, The purpose of this amendment is to
provide that clarification.
The CRA Board discussed the amendment at their meeting of
September 24, 1998. The Board felt that it might be better to
define "antique shop II and establish a minimum percentage of
merchandise within such shops that must be antiques. This
approach would require amendments to the regulations for each of
the zoning districts in which the sale of secondhand material is
restricted and would be a little more complicated to undertake.
The Planning and Zoning Board considered the text amendment at a
public hearing on September 28, 1998, There was no public
testimony and the Board voted unanimously to recommend approval.
At first reading on October 6th, the City Commission passed the
ordinance by unanimous vote.
Recommend approval of Ordinance No. 44-98 on second and final
reading.
PcwudL 5-0
ref:agmemo14
·
REPORT' ,
,." ,
MEETING OF: SEPTEMBER 28, 1998
AGENDA ITEM: IV. J. AMENDMENT TO APPENDIX "A" (DEFINITIONS)
OF THE LDRS, ADDING A DEFINITION OF "ANTIQUE"
AND "SECONDHAND MATERIAL".
The item before the board is an amendment to the Land Development
Regulations section on Definitions (Appendix A), adding definitions of "antique"
and "secondhand material". Pursuant to Section 1.1.6(A), the Planning and
Zoning Board must hold a public hearing and make a recommendation on any
amendment to the LDRs.
There are several areas of the City in which "the sale of secondhand material,
other than verifiable antiques", is prohibited. These include businesses and
properties fronting along East Atlantic Avenue, West Atlantic Avenue (within the
Redevelopment Area), and most recently, along N.E. 2nd Avenue (Pineapple
Grove Way). However, the LDRs do not provide a definition that clearly specifies
the difference between antiques and secondhand merchandise. The purpose of
this amendment is to provide that clarification.
The proposed amendment adds the following definitions to Appendix "A":
ANTIQUE: An object having special value or significance because of its age,
made in a former period of at least 40 years ago. Such objects may include but
are not limited to furniture, tableware, art, handicrafts, artifacts, linens, rugs,
jewelry, curios, and vintage clothing and accessories.
SECONDHAND MA TERIAL: Objects and clothing of the modern period that
have been previously used or worn.
As part of the background research for this item staff consulted dictionaries as
well as local art and antique dealers. Webster's Dictionary defines an antique as
"a work of art or handicraft more than 100 years ald." However, businesses
,
P&Z Board Memorandum Staff Report
LOR Amendment RE: Definition of Antique/Secondhand Materials
Page 2
dealing in antiques, curios, and collectibles often deal in merchandise that, while
not 100 years old, possesses a certain value because it is no longer being
produced, or because it represents a past era. For example, 50's-style
furnishings and objects have become quite popular in recent years, often selling
for many times their original value.
The purpose of the limitations on secondhand sales in the above described
geographical areas is to restrict shops that are dealing in clothing and other items
whose prices have been significantly discounted because they are used. It is felt
that these types of stores are not consistent with the desired character of the
downtown area, However, shops dealing in furnishings or artifacts that represent
former periods could well add to the artistic ambience, The proposed definition
of antique places a minimum age of 40 years on merchandise being sold, While
less restrictive than the dictionary definition, it will allow stores to sell period
furnishings and items made through the 1950's. The definitions will provide the
necessary clarification to facilitate enforcement of the restrictions on secondhand
sales.
REQUIRED FINDINGS
LDR Section 2.4.5(M)(5), Amendment to the Land Development
Regulations, Findings: In addition to the 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.
This amendment is largely corrective in nature, in that it is being processed to
provide clarification for the enforcement of existing regulations. The existing
regulations on secondhand sales are consistent with Goals, Objectives, and
Policies of the Comprehensive Plan regarding appropriate uses for specific areas
of the City [Reference Future Land Use Element Policies C-1.5 regarding the
West Atlantic Redevelopment Area; C-4.1 pertaining to CBD zoning district
regulations; and C-4.4 regarding the revitalization of the Pineapple Grove Main
Street area]. This amendment will help to further those policies and therefore
meets the required finding.
By motion, recommend to the City Commission approval of the proposed
amendment to Appendix "A" (Definitions) of the Land Development Regulations,
adding definitions for "Antique" and "Secondhand Material" as described in this
report, based upon a finding of consistency with the Comprehensive Plan Future
Land Use Element Policies C-1.5; C-4.1; and C-4.4.
06.' //1Lì.J-cm
em Of IllUlAY IUCII, ~
II07ICI Of PUIUC_
-A PUBLIC HEARING .... be held on the
10Howing proposed ordinances on
1tÆSDAY, DCTDBER2O, 1998, AT
7:00 p,m, (or at any continuation of
such meeting which Ì$ set by the Com·
mission), in the Commission Cham·
:1Jers at City Hall, 100 NW 1st A"""ue, ~œDINANŒ NO, ~
,tJOIraY _, Aorida, II which time
1heCity~willconsidertheir :AM ORDINANCE OF THE CITY COM.
....option, The proposed ordinances ¡MISSION OF THE CITY OF DELRAY
may be inspectBd II the Office of the BEACH, R.DRIDA, AMENDING TITlE
CIty CIeri< at CIty Hall, 100 NW. 1st 9, "GENERAl REGULATIONS", CHAP.
Avenue, Delray Beach, florida, "TfR 102, "STREETS AND SIDE.
between the hours of 8:00 a,m, and WAlKS", BY AMENDING SUBHEAD-
5:00 p,m" Monday through Friday, ,ING "MOVEABlE FIXTURES WITHIN
ucept holidays, All interested parties "THE RIGIff.{IF·WAY", OF THE CODE
are inviIBd to _ and be hean! with ,OF DRDlNANCES OF THE CITY OF
.~ to the proposed ortIinances, 'DEUlAY BEACH, BY AMENDING SEC.
'TION 102,40, "PURPOSE AND
1IIIDIIWIŒ1III,_ 'SCOPE", TO INCLUDE MODULAR
' NEWSRACKS; BY AMENDING SEC·
IW ORDINANCE OF THE CITY COM· TION 102,41, "DEFINITIONS", TO
MISSION OF M CITY OF DELRAY ,.cLARIFY THE DEFINmONS OF
BEACH, R.ORlDA, REZONING IWD 'NEWSRAcKS AND MODUlAR NEWS.
PlACING LAND PRESENTLY ZONED ¡ RACKS; BY AMENDING SECTION _
R·I·A (SINGLE FAMILY RESIDEN· ,'102,42, "CERTIFICATE OF COMPLI. ':::'
TIAL) DISTRICT IN M MH (MOBILE lANCE REQUIRED", TO CLARIFY THAT _
tiOME) DISTRICT; SAID lAND BEING ,MODULAR NEWSRACKS ARE ~
THE WEST 40 FEET OF THE EAST 120 'INClUDED; BY AMENDING SECTION ~
FEET OF LOT 6, PlAT OF LAMBERT ' . 102,43, "STIWDARDS FOR NEWS.
~~~~L~~ASA~J~ : ~~~~~~~~ ~
PARTICUlARLY DESCRIBED HEREIN; ~ TUNG OF THE SECTION, AND ClARI·, a
AMENDING ''ZONING MAP OF DEL· : FYING THAT THE CITY MAY ACT AS A _
,RAY BEACH, FLORIDA, 1994"; PRO- ¡CONTROlLING ENTlTY OF MODULAR _
VIDING A GENERAl REPEALER NEWSRACKS, PROVIDING THAT =
'~JErv:~'f'eNG ClAUSE,AND AN ~~~~=~~~ 2
I/TED, PROVIDING FOR REGULA· ~
DRDINANCE NO, 41-118 TIONS FOR THE f'LACEMENT I oil'!
APPEARANCE, AND MAINTENANCÈ ~
AN ORDINANCE OF THE CITY COM· OF MODULAR NEWSRACKS; BY I IXi
MISSION OF M CITY OF DELRAY -AMENDING SECTION 102,44, "PRD- ~.
=~J~~~~Mm tr¿~ITE~~I~~~~ ~
PARTICULARLY DESCRIBED HEREIN, LAR NEWSRACKS ON PUBLIC :1
:~.:~ [~Ll:e~ FAMiõYR~~ ~IG=~ÓI~~ITY~: ~
(SINGLE FAMILY RESI\WJ:AL) 015· ING; BY AMENDING SECTION 102 45 ~
TRICT, FROM RM (MULTIPLE FAMILY "INSURANCE AND INDEMNIFICA~ ~
RESIDENTIAL . MEDIUM DENSITY) TION", TO INCLUDE REQUIREMENTS
TO R+A (SINGLE FAMILY RESIDEN· FOR MODULAR NEWSRACKS; BY =
TIAL) DISTRICT, AND FROM RL AMENDING SECTION 102,46, "ABAN· I ~
(MULTIPLE FAMILY RESIDENTIAL . DONMENT", TO INCLUDE A STAN. ~
LOW DENSITY) TO R·I-A (SINGLE DARD FOR ABANDONMENT OFMDD. _
FAMILY RESIDENTIAL) DISTRICT: ALL . ULAR NEWSRACKS, AND SHORTEN. :..
AS REQUIRED TO IMPLEMENT THE ING THE TIME FOR A DETERMINA. _
SEACRESTIDEL IDA PARK NEIGH· TIOO OF ABANDONMENT; BY , ~
BORHOOD PlAN PURSUANT TO THE AMENDING SECTION 10247 I "'!
GOALS, OBJECTIVES AND POLICIES "ENFORCEMENT", TO INCLUDE MOO: '
OF THE COMPREHENSIVE PlAN; ULAR NEWSRACKS; BY AMENDING ~
SAID LAND BEING GENERALLY SECTION 102,48, "APPEALS", TO ~
~~~RD B~5~XlE S~J~rv ~~~I~N~~f~~ I~~~lfé _
AND BETWEEN GEORGE BUSH APPEAL TO CIRCUIT COURT IN ~
~~õõ'~~E~~N~~WG '= :=SRACO:S=~88~~~ ~
OF DELRAY BEACH, FLDRIDA, 1994"; RACKS, PROVIDING EXCEPTIONS TO ==
PROVIDING A GENERAl REPEALER A STAY OF THE REMOVAL OF MDOU'
ClAUSE, A SAVING ClAUSE, AND AN : ¡ lAR NEW5RACKS AND NEW5RACKS .....
EFFECTIVE DATE. , IN CERTAIN INSTAM:ES AND WHERE ~
! ABANDONMENT ADVERSELY n
DRDlNANCE NO, 42-98 ' AFFECTS DISTRIBl1TJON, PROVIDING
FOR REIMBURSEMENT OF STORAGE
AN ORDINANCE OF THE CITY COM- COSTS IF APPEUANT PREVAILS ON
MISSION OF THE CITY OF DELRAY APPEAL; PROVIDING A GENERAl
BEACH, FLORIDA, REZONING lWO REPEALER CLAUSE, A SAVING
PARCELS OF LAND, AS MORE PAR· ClAUSE, AND AN EFFECTIVE DATE.
TICULARLY DESCRIBED HEREIN,
FROM RM·10 (MULTIPLE FAMILY Please be IIMsed l11al W . peBon
RESIDENTIAL . MEDIUM DENSITY decides to appeaJy any decision made
WITH A DENSITY SUFFIX OF 10 ;bytheCltyComrnlssioÍlwithlBS J8ClllJ
.'DWELLING UNITS PER ACRE) TO ~ ..- oonsidnd allI1is '-ing
PRD-5 (PlANNED RESIDENTIAL T...ctI person will need to ensure that á
DEVELOPMENT· 5 UNITS PER ACRE) Vllbalim record includes the 1BstImony
TO RM·10 (MULTIPLE FAMILY RES!· Jfi8Vldenceuponwhlchthe-'1s
'DENTIAL - MEDIUM DENSITY WITH A 'I be bosed, The CIty dœs ~
~~~~kr.:S~ ,S,=05~-' to
ASSOCIATED WITH THE CITATION
ClUB AND HAMMOCK RESERVE t. CITY OF DELRAY BEACH I
DEVELOPMENTS; SAID PARCELS OF ' . AlIson MacGregor Harty
lAND BEING LOCATED ALONG '~' CIIy Clerk
ORCHARD lANE. APPROXIMATELY .',
'IlOO FEET EAST OF MILITARY TRAIL; .. 1l1li8 __,_,1
AMENDING "ZONING MAP OF DEL- , Raton News '
RAY BEACH, R.ORIDA, 1994"; PRD- ' II/J 114886 , ,
¡. ,VI DING A ŒNERAL, RE... PEALE. R _
,ClAUSE, A SAVING QAUSE, AND AN
, ¡a'ÆCTlVEPATE... " .
, - "ORDINANCE NO,44-98
AN ÒRDINANCE OF M CITY COM·
,~ISS!ON OF M CITY OF DELRAY
BEACH, R.ORIDA, AMENDING
APPENDIX "A" (DEFINITIONS) OF THE
lAND DEVELDPMENT REGULATIONS
OF THE CITY OF DELRAY BEACH, BY
ì'~~~.;:r::
_ PROVIDING A GENERAl RfÆALER
ClAUSE, A SAVING ClAUSE, AND AN
EFFECTIVE DATE,
~/\
TO: DAVID T. HARDEN, CITY MANAGER ~~
FROM: DIANE DOMINGUEZ, PLANNING AND ZONING DIRECT~)
SUBJECT: MEETING OF OCTOBER 6, 1998
AMENDMENT TO APPENDIX "A" OF THE LDRs (DEFINITIONS) PROVIDING
DEFINITIONS OF "ANTIQUE" AND "SECONDHAND MATERIAL"
The proposed amendment adds the following definitions to Appendix "A":
ANTIQUE: An object having special value or significance because of its age, made in a former
period of at least 40 years ago. Such objects may include but are not limited to furniture,
tableware, art, handicrafts, artifacts, linens, rugs, jewelry, curios, and vintage clothing and
accessories.
SECONDHAND MA TERIAL: Objects and clothing of the modern period that have been
previously used or worn.
The attached Planning and Zoning Board staff report describes the reason for the amendment, and
a discussion of the proposed language,
The CRA Board discussed the amendment at their meeting of September 24, 1998, The Board felt
that it might be better to define "antique shop", and establish a minimum percentage of
merchandise within such shops that must be antiques, This approach would require amendments
to the regulations for each of the zoning districts in which the sale of secondhand material is
restricted, and would be a little more complicated to undertake,
The Planning and Zoning Board held a public hearing on this item on September 28, 1998, No
one from the public spoke regarding the amendment. The Board voted 7-0 to recommend
approval of the amendment as currently written,
By motion, approve the amendment to Appendix "A" (Definitions) of the Land Development
Regulations, adding definitions of "Antique" and Secondhand Material" as described above, based
upon the findings and recommendation of the Planning and Zoning Board.
Attachment: V \~ \9~
p & Z Staff Report
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RECEIVED
OCT 0 2'998
PLANNING & ZONING