Ord 40-01ORDINANCE NO. 40-01
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY AMENDING CHAPTER FOUR, "ZONING
REGULATIONS", SUBSECTION 4.4.11, "NEIGHBORHOOD
COMMERCIAL (NC) DISTRICT", PARAGRAPH 4.4.11(B),
"PRINCIPAL USES AND STRUCTURES PERMITTED", TO
PROVIDE FOR BUSINESS AND PROFESSIONAL
OFFICES; BY AMENDING PARAGRAPH 4.4.11(C) TO
PROVIDE FOR REFUSE AND SERVICE AREAS; AND BY
AMENDING PARAGRAPH 4.4.11 (H), "SPECIAL
REGULATIONS", TO PROHIBIT OUTDOOR STORAGE;
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER 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 heating held on July 16, 2001 and voted 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.
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", Section 4.4, "Base Zoning District",
Subsection 4.4.11, "Neighborhood Commercial (NC) District", Sub-Subsection 4.4.11(B),
"Principal Uses and Structures Permitted", of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as
follows:
Section 4.4.11 Neighborhood Commercial (NC) District:
(B) Principal Uses and Structures Permitted: The following types of uses are allowed
within the NC District as a permitted use:
(1) Retail sales such as: convenience foods; household supplies; garden and
lawn supplies; drugs and medicine; small appliance sales and repairs; baked goods; delicatessen
goods.
(2) Provision of services such as: barber and beauty shops; dry cleaning
limited to on-site processing for customer pickup only; dry cleaning and laundry pickup stations;
financing e.g. banks and similar institutions excluding drive-through facilities; laundromats
limited to self-service facilities; dining at sit down restaurants including takeout and ice cream
parlors but excluding drive-in, drive-through facilities; equipment rental; newsstands.
(3) B i d P fei al Offi _a.;~;. ..... ;a~ a;.~. .... ;~ ,,.
usness an ro sson ces, ..... ~ - v .....................~
.......... :.. .....:.~ r,.,,, .... w, ^cr,~ subject to the limitations per Subsection (H).
Section 2. That Chapter Four, "Zoning Regulations", Section 4.4, "Base Zoning District",
Subsection 4.4.11, "Neighborhood Commercial (NC) District", Sub-Subsection 4.4.11(C),
"Accessory Uses and Structures Permitted", of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as
follows:
Section 4.4.11 Neighborhood Commercial (NC) District:
(C) Accessory Uses and Structures Permitted: The following uses are allowed when a part
of, or accessory to, the principal use:
(1) Parking areas for employees and customers
(2) Refuse and storage-service areas.
Section 3. That Chapter Four, "Zoning Regulations", Section 4.4, "Base Zoning District",
Subsection 4.4.11, "Neighborhood Commercial (NC) District", Sub-Subsection 4.4.11(H),
"Special Regulations", of the Land Development Regulations of the Code of Ordinances of the
City of Delray Beach, Florida, be and the same is hereby amended to read as follows:
Section 4.4.11 Neighborhood Commercial (NC) District:
(H) Special Regulations:
(1) The maximum area devoted to a single tenant for office or service uses
shall not exceed 2,000 sq. ft. in floor area. The intent of these restrictions is to maintain the
center at the neighborhood scale.
2 ORD. NO. 40-01
(2) The maximum floor area which can be allocated to a single retail use, or
groups of similar (retail, office, services) principal uses, shall not exceed 10,000 square feet.
(3) Outdoor storage of any kind is prohibited, except as permitted herein.
Section 4. 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 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are
hereby repealed.
Section 6. That this ordinance shall become effective immediately upon its passage on second
and final reading.
PASSEI~AND ADOPTED in regular session on second and final reading on this the
__ day of~ ,2001.
MAYOR
ATTEST
Acting City Clerk
First Reading.
Second Reading
,r
3 ORD. NO. 40-01
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER
AGENDA ITEM # [0,~ REGULAR MEETING OF AUGUST 7, 2001
ORDINANCE NO. 40-01 (ALLOWING BUSINESS & PROFESSIONAL
OFFICES IN NC {NEIGHBORHOOD COMMERCIAL ZONING
DISTRICT)
AUGUST 3, 2001
This is second reading and a second public hearing for Ordinance No. 40-01 which amends Land
Development Regulations Section 4.4.11(13)0), (C)(2) and (H)0) of the NC (Neighborhood
Commercial Zoning District). The amendment will allow business and professional offices in general
rather than listing specific types of office uses in the NC (Neighborhood Commercial Zoning
District). Also, additional changes with respect to office uses and restrictions on outdoor storage of
vehicles, equipment and materials.
Planning and Zoning Board held a public hearing regarding this item on July 16, 2001 and voted 7-0
to recommend the City Commission amend LDR Sections 4.4.11(B)0), "Principal Uses and
Structures Allowed" and 4.4.11(H), "Special District Regulauons" based upon a positive findings w~th
LDR Section 2.4.5(M)(5).
At the July 24, 2001 Regular City Comtmssion meeting this ordinance was passed unanimously.
Recommend approval of Ordinance No. 40-01 on second and final reading.
ref-agmemo21 Ord 40-01 08 07 01
TO: DAVID T. HARDEN, CITY MANAGEI~.~~~,~"1
THRU:
PAUL
DORLING, DIRECTOR OF PLANNING AND Z(:)N1NG
SUBJECT: MEETING OF JULY 24, 2001
CONSIDERATION OF AN AMENDMENT TO LDR SECTIONS 4.4.11(B)(3), (C)
AND (H) REGARDING "BUSINESS AND PROFESSIONAL OFFICES" IN THE
NC (NEIGHBORHOOD COMMERCIAL) ZONING DISTRICT.
"Caribbean Blue Pools and Kellerco Construction, Inc." wish to locate at 2201 Seacrest
Boulevard. The property is located in the NC (Neighborhood Commercial) zoning district,
however professional offices for swimming pool sales and construction services is not
specifically listed as an allowable use in the NC zoning district. As the use is not specifically
listed, the applicant has requested a LDR text amendment to add professional executive offices
for swimming pool sales and construction services as a permitted use. The request is not to
establish a contractor's office with associated outside storage of materials, equipment and/or
vehicles.
Staff is recommending additional changes with respect to offices uses and restrictions on
outdoor storage of vehicles, equipment and materials. The amendment will allow business and
professional offices in general rather than listing specific types of office uses. Additional
background and an analysis of the request are found in the attached Planning and Zoning
Board staff report.
The Planning and Zoning Board held a public hearing regarding this item at its meeting of July
16, 2001. There was no public testimony regarding the request. After discussing the
amendment, the Board voted 7-0 to recommend to the City Commission that LDR Section
4.4.11(B)(3) (Principal Uses and Structures Allowed) be amended to allow "Business and
Professional Offices" as a permitted use; that Section 4.4.11(C)(2) be amended regarding
refuse and service areas; and, that Section 4.4.11(H)(Special District Regulations) be amended
regarding outdoor storage, based upon a positive finding with LDR Section 2.4.5(M)(5).
By motion, approve on first reading the attached amendments to LDR Sections 4.4.11(B)(3),
(C)(2) and (H)(3) of the NC (Neighborhood Commercial) zoning district, based upon the findings
and recommendations of the Planning and Zoning Board, setting a public hearing date of
August 6, 2001.
Attachments: P&Z Staff Report and Documentation of July 16, 2001
Ordinance by Others
ORDINANCE NO. 40-01
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY AMENDING CHAPTER FOUR, "ZONING
REGULATIONS", SUBSECTION 4.4.11, "NEIGHBORHOOD
COMMERCIAL (NC) DISTRICT", PARAGRAPH 4.4.1 I(B),
"PRINCIPAL USES AND STRUCTURES PERMITTED", TO
PROVIDE FOR BUSINESS AND PROFESSIONAL
OFFICES; BY AMENDING PARAGRAPH 4.4.11(C) TO
PROVIDE FOR REFUSE AND SERVICE AREAS; AND BY
AMENDING PARAGRAPH 4.4.11 (H), "SPECIAL
REGULATIONS", TO PROHIBIT OUTDOOR STORAGE;
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER 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 held on July 16, 2001 and voted 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.
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", Section 4.4, "Base Zoning District",
Subsection 4.4.11, "Neighborhood Commercial (NC) District", Sub-Subsection 4.4.11(B),
"Principal Uses and Structures Permitted", of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as
follows:
Section 4.4.11 Neighborhood Commercial (NC) District:
(B) Principal Uses and Structures Permitted: The following types of uses are allowed
within the NC District as a permitted use:
(1) Retail sales such as: convenience foods; household supplies; garden and
lawn supplies; drugs and medicine; small appliance sales and repairs; baked goods; delicatessen
goods.
(2) Provision of services such as: barber and beauty shops; dry cleaning
limited to on-site processing for customer pickup only; dry cleaning and laundry pickup stations;
financing e.g. banks and similar institutions excluding drive-through facilities; laundromats
limited to self-service facilities; dining at sit down restaurants including takeout and ice cream
parlors but excluding drive-in, drive-through facilities; equipment rental; newsstands.
(3) B i d fe i 10ffi
us ness an Pro ss ona ces,
.......... ;,~ .....;~,, r~,,, .... ~ ~cg~ subject to the limitaions per Subsection (H)
Section 2. That Chapter Four, "Zoning Regulations", Section 4.4, "Base Zoning District",
Subsection 4.4.11, "Neighborhood Commercial (NC) District", Sub-Subsection 4.4.11(C),
"Accessory Uses and Structures Permitted", of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as
follows:
Section 4.4.11 Neighborhood Commercial (NC) District:
(C) Accessory Uses and Structures Permitted: The following uses are allowed when a part
of, or accessory to, the principal use:
(1) Parking areas for employees and customers
(2) Refuse and storage-service areas.
Section 3. That Chapter Four, "Zoning Regulations", Section 4.4, "Base Zoning District",
Subsection 4.4.11, "Neighborhood Commercial (NC) District", Sub-Subsection 4.4.11(H),
"Special Regulations", of the Land Development Regulations of the Code of Ordinances of the
City of Delray Beach, Florida, be and the same is hereby amended to read as follows:
Section 4.4.11 Neighborhood Commercial (NC) District:
(II) Special Regulations:
(1) The maximum area devoted to a single tenant for office or service uses
shall not exceed 2,000 sq. ft. in floor area. The intent of these restrictions is to maintain the
center at the neighborhood scale.
2 ORD. NO. 40-01
(2) The maximum floor area which can be allocated to a single retail use, or
groups of similar (retail, office, services) principal uses, shall not exceed 10,000 square feet.
(3) Outdoor storage of any kind is prohibited, except as permitted herein.
Section 4. 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 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are
hereby repealed.
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
day of ,200
ATTEST
MAYOR
Acting City Clerk
First Reading.
Second Reading.
3 ORD. NO. 40-01
MEETING DATE:
JULY '16, 2000
AGENDA ITEM:
IV.E. - AMENDMENT TO LDR SECTION 4.4.11(B)(3) TO
ADD PROFESSIONAL EXECUTIVE OFFICES FOR
SWIMMING POOL SALES AND CONSTRUCTION
SERVICES AS A PERMITTED USE IN THE NC
(NEIGHBORHOOD COMMERCIAL) ZONING DISTRICT.
The item before the Board is that of making a recommendation to the City Commission
regarding an LDR amendment to Section 4.4.11(B)(3) Neighborhood Commercial (NC)
zoning district, Principal Uses and Structures Permitted, to add "professional executive
offices for swimming pool sales and construction services" as a permitted use, pursuant
to LDR Section 2.4.5(M).
Pursuant to Section 1.1.6, an amendment to the Land Development Regulations may
not be made until a recommendation is obtained from the Planning and Zoning Board.
"Caribbean Blue Pools and Kellerco Construction, Inc." wish to locate at 2201 Seacrest
Boulevard. The property is located in the NC (Neighborhood Commercial) zoning
district, however professional offices for swimming pool sales and construction services
is not specifically listed as an allowable use in the NC zoning district. As the use is not
specifically listed, the applicant has requested a LDR text amendment to add
professional executive offices for swimming pool sales and construction services as a
permitted use. The request is not to establish a contractor's office with associated
outside storage of materials, equipment and/or vehicles.
The request is to allow professional executive offices for swimming pool sales and
construction services as permitted uses in the NC zoning district. Staff is also
recommending additional changes with respect to offices uses and restrictions on
outdoor storage of vehicles, equipment and materials.
LDR Section 2.4.5(M)(5) (Findinas): Pursuant to LDR Section 2.4.5(M)(5)
(Findings), in addition to LDR 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 Purpose and Intent of the NC zoning district is to provide the opportunity to locate
limited retail and service uses in a manner convenient to and yet not disruptive to
residential areas.
Planning and Zoning Board Sto,f Report
LDR Amendment to Add Professional Executive Offices for Swimming Pool Sales and Construction
Services in the NC Zoning District
Page 2
Section 4.4.11(B)(3) of the NC zoning district currently allows the following as a
permitted use: "Business and Professional Offices, which provide direct services to
customers such as: travel agencies; outpatient medical services; real estate; finance
and accounting; community service (outreach) offices".
In the past, property owners have had difficulty leasing space due to the specificity of
the offices allowed. While the request is to add a specific use to those already listed, it
seems appropriate to amend the code for the NC zoning district to ,list Business and
Professional Offices as a permitted use, rather than list the specific types of business
and professional offices. This would be similar to both the RO (Residential Office) and
Old School Square Historic Arts District (OSSHAD) zoning districts, which list business
and professional offices as a permitted use. The purpose and intent of the RO zoning
district is similar to that of the NC zoning district in that the P,O district is to
accommodate professional offices, which will meet the needs of nearby neighborhoods.
The RO zoning district specifically restricts any outdoor storage as a supplemental
district regulation.
A comparison of regulations of other municipalities was conducted as follows:
Boca Raton:
Business and Professional Offices are allowed in the NCBD (Neighborhood
Commercial Business District) zoning district as a permitted use while outdoor
storage of any kind including motor vehicles is listed as a prohibited use.
Boynton Beach:
Business and Professional Offices are allowed in the C-2 (Neighborhood
Commercial) zoning district as a permitted use while outdoor storage or display of
any type is listed as a prohibited use.
A business and/or professional office is a Iow intensity type of use, which commonly
serves a nearby neighborhood. Various types of business or professional offices may
include accountants, architects, attorneys, contractors, dentists, interior designers and
physicians. Typically, when these types of offices are located in or near a neighborhood
the residents of such neighborhood, will patronize these businesses.
There are concerns regarding the potential for outdoor storage of vehicles, equipment
and/or materials associated with a business and/or professional office. Storage of
vehicles and equipment was the primary reason why contractor's offices were not
specifically listed as a permitted use in the RO zoning district or the Old School Square
Historic Arts District (OSSHAD). However, contractor's business/administrative offices,
excluding storage are allowed and exist in both districts.
Currently, the NC zoning district lists "refuse and storage areas" as an accessory use
[ref. LDR Section 4.4.11(C)(2)]. This section does not differentiate between inside and
outside storage, however it is assumed that outside storage is permitted. Outside
Planning and Zoning Board S~,f Report
LDR Amendment to Add Professional Execubve Offices for Swimming Pool Sales and Construction
Services in the NC Zoning District
Page 3
storage is not listed as an allowable use in other commercial zoning districts such as the
GC, CBD, PC, POC, etc. Therefore, in order to alleviate concerns regarding an outdoor
component, staff also proposes changes to the accessory uses section of the NC
district to be consistent with the referenced zoning districts, and adding a provision
prohibiting the outdoor storage. The proposed change would not have an impact on the
"display and sale of lawn furniture, playground equipment, sheds and accessories"
which is listed as a conditional use and typically has a large outside storage and display
component.
COMPREHENSIVE PLAN POLICIES:
The goals, objectives and policies of the Comprehensive Plan were reviewed and there
are no applicable goals, objectives or policies noted. While the amendment does not
specifically further the goals, objectives, and policies of the Comprehensive Plan, it is
not inconsistent with them. However, the restriction on outdoor storage will assist in
ensuring compatibility with adjacent properties.
Community Redevelopment Agency
At its meeting of June 28, 2001, the CRA reviewed and recommended approval of the
text amendment.
Courtesy Notices:
A special courtesy notice was provided to the President's Council, Progressive
Residents of Delray and the Seacrest Homeowner's association. Letters of objection
and support, if any, will be presented at the Planning and Zoning Board meeting.
By motion, recommend to the City Commission that LDR Section 4.4.11(B)(3) (Principal
Uses and Structures Allowed) be amended to allow "Business and Professional Offices"
as a permitted use; that Section 4.4.11(C)(2) be amended regarding refuse and service
areas; and, that Section 4.4.11(H)(Special District Regulations) be amended regarding
outdoor storage, based upon a positive finding with LDR Section 2.4.5(M)(5).
Attachment:
· Proposed Amendment
· NC Zoned Districts Map
s:\planning & zoning\boards\p&z board\ldrconstructionofficesnc.doc
Planning and Zoning Board S,..,f Report
LDR Amendment to Add Professional Executive Offices for Swimming Pool Sales and Construction
Services in the NC Zoning District
Page 4
I ' ' I
Section 4.4.11 Neighborhood Commercial (NC) District:
(B) Principal Uses and Structures Permitted: The following types of uses are
allowed within the NC District as a permitted use:
(3) Business and Professional Offices ,..k~,.~, .....
.... k .~o + ..... ~ ' '
~,.,.,.,,,,.+;.,~. ....... ;+, ..... ~,.,~/,.,,+ .... k~ ,,m.,~ subject to the limitations per
Subsection (H).
(C) Accessory Uses and Structures Permitted: The following uses are allowed when
a part of, or accessory to, the principal use:
(2) Refuse and ~service areas.
(H) Special Regulations:
(3) Outdoor stora.qe of any kind is prohibited, except as permitted herein.
CITY OF DELRAY BEACH, FLORIDA
NC (NEIGHBORHOOD COMMERCIAL)
ZONED DISTRICTS
L-J0 C, U44L
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LEGEND:
1. PINE RIDGE ROAD & SEACREST BOULEVARD (SUBJECT PROPERTY)
HAMLET PLAT.4
SOUTH OF HIGHLAND TRAILER PARK
4. DISCOUNT AUTO PARTS
S. FOUNTAII~ AT DELRA Y BEACH
S.F- CORNER OF AVENUE "G' & FEDERAL HIGHWAY
MILE
CITY OF DELRAY BEACH. IR.
JUI. Y 2ool
CITY OF DELRAY BEACH
NOTICE OF PROPOSED AMENDMENT TO
THE LAND DEVELOPMENT REGULATIONS
SECTION 4.4.1 1 (B)(3) TO AMEND THE
PRINCIPAL PERMITrED USES IN THE
NEIGHBORHOOD COMMERCIAL (NC
DISTRICT REGARDING BUSINESS AND
PROFESSIONAL OFFICES
The City Commission of the City of Delray Beach, Florida, proposes to adopt
~tbe following ordiuance:
ORDINANCE NO. 40-01
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF CODE OF ORDINANCES OF THE CITY OF DELRAY
BEACH, FLORIDA, BY AMENDING CHAPTER FOUR, "ZONING
REGULATIONS", SECTION 4.4, "BASE ZONING DISTRICT',
SUB-SECTION 4.4.11, ~NEIGHBORHOOD COMMERCIAL (NC)
DISTRICT", SUBSECTION 4.4-11 (B), "PRINCIPAL USES AND'
STRUCTURES PERMITTED", TO PROVIDE FOR BUSINF. SS AND
PRoFESsIONAL OFFI~; BY AMENDING SUB-SUBSECTION 4.4.11(C)
TO PROVIDE FOR REFUSE AND SERVICE AREAS; AND BY
AMENDING SUB-SECTION 4.4.1 ! (I4), "SPECIAL REGULATIONS", TO
PROHIBIT OUTDOOR STORAGE; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFE~ DATE.
The City Commission will conduct two (2) Public Heatings for the purpose of
accepting public testimony regarding the proposed ordinance. The fu~ Public
Hearing will be held on '~AY. JULY 24.2001. AT 7:00 P.M. at City
Hall, 100 N.W, 1st Avenue, Delray Beach, Florida. If the l~oposed ordinance is
passed on first reading, .a second Public Hearing will be l~eld on TUESDAY.
AUGUST 7t 200.1~ AT 7:00 PM. (or at any continuation of such meeting
which is set by the Commission) a second Public Hearing will be held in the
Commission Chambers za City Hall, 100 N.W. 1st Avenue, ~elray
Florida. ~_. . ~..~ . ~" - ~ ,-, ._ '
All inter.ted citizens ar~ invited to atlend the public bearings and comment
upon ~ proposed ordinance or submit their comments in writing on or before
the date of these hearings to b~e Planning and Zoning Department. For
infornmfion or to obtain a copy of the proposed ordinance, please contact the
plnnning and ,Zoning Department, City Hall, 100 N.W. 1st Avenue, Delray
Beach, Florida 37.~.~.. (Phone 561/243-7040) between the hours of 8:00 am.
and 5:00 p.m., Monday Ihrough Friday, excluding holidays.
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY
DECISION MADE BY THE CITY COMMISSION WITH RESPEC~ TO
ANY MATTER CONSIDERED AT THESE HEARINGS, SUCH PERSON
MAY NEED TO ENSURE THAT A VERBATIM RECORD INCLUDES THE
TESTIMONY AND EVIDENCE Llt~N WHICH THE APPEAL IS TO BE
BASED. THE CITY IX)ES NOT PROVIDE NOR PREPARE SUCH
RECORD PURSUANT TO F.S. 286.0105...
CITY OF DELRAY BEACH
-. Barbara Garito
Acting City Clerk
PUBLISH: Boca Raton News/Deiray Beach News
July 16, 2001
August 2, 2001
Ad # NS0746
CITY OF DELRAY BEACH
NOTICE OF PROPOSED AMENDMENT TO
THE LAND DEVELOPMENT REGULATIONS
S£CTt~N 4.4.1 1 (B)(3) TO AMEND THE
PRINCIPAL PEP, MITrED USES IN THE
NEIGHBORHOOD COMMERCIAL (NC
DISTRICT REGARDING BUSINESS AND
PROFESSIONAL OFFICES
Thc C,y Commi.~sion of the City of Delray Beach, Florida. proposes to adopt
the following ordinance:
ORDINANCE NO. 40-01
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF CODE OF ORDINANCES OF THE CITY OF DELRAY
BEACH, FLORIDA, BY AMENDING CHAPTER POUR, "ZONING
REGULATIONS", SECTION 4.4, ~BASE ZONING DISTRICT",
SUBSECTION 4.4.11, "NEIGHBORHOOD COMMERCIAL (NC)
DISTRICT", SUBSECTION 4.4-11 CB), "PRINCIPAL USES AND
STRUCTURES PERMITTED", TO PROVIDE FOR BUSINESS AND
PROI,'kSSIONAL OFFICES; BY AMENDING SUB-SUBSECTION 4.4.1 l(C)
TO PROVIDE FOR REFUSE AND SERVICE AREAS; AND BY
AMENDING SUB-SECTION 4.4.11(H), "SPECIAL REGULATIONS", TO
PROHIBIT OUTDOOR STORAGE; PROVIDING A SAVING CLAUSE, A
GkNI~RAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
T~c City Commission will conduct two (2) Public Hearings for t~e purpose of
accepting pubhc testimony regarding the proposed ordinance. The first Public
Heanng will be held on TUESDAY. JULY 24.2001. AT 7:00 P.M. at City
Hall. 100 N.W. I st Avenue, Deiray Beach. Florida. If the proposed ordinance is
~a~ed on first reading, a ~econd Public Hearing will be held on TUESDAY.
AUGUST 7. 2001. AT 7:00 P.M. (or at any continuation of such meeting
which ~.~ set by the Commission) a second Public Hearing will be held in the
Cornm,,~on Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach,
Florida.
All m~crc~wd cni/cn,~ are invitexl to attend the public bearings and comment
upon the proposed ordinance or aubmit lheiz mU in writing on or before
the date of these bearings to the Planning and Zoning Department. For Further
information or to obtain a copy of the proposed oniinance, please contact the
Planning and Zoning Department. City Hall, 100 N.W, 1st Avenue, Delray
Beach, Florida 33444 (Phone :561/243.?040) between the hour~ of 8:00
and 5:00 p.m.. Monday through Friday, excludin~ 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. 286.010~.
CTTY OF DELRAY BEACH
PUBLISH: Boc~ ~ N~s/Delmy ~ N~ws'
3uly 16, 2001
August 1, 2001
Ad # NS0'/46
Barbara Oar~to