Ord 41-01ORDINANCE NO. 41-01
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA,
BY AMENDING APPENDIX "A", "DEFINITIONS", TO PROVIDE
FOR A DEFINITION OF 24-HOUR OR LATE NIGHT
BUSINESSES; AMENDING SECTION 4.3.3, "SPECIAL
REQUIREMENTS FOR SPECIFIC USES" BY ENACTING
SUBSECTION 4.3.3(VV), "24-HOUR OR LATE NIGHT
BUSINESSES", TO PROVIDE THAT 24-HOUR OR LATE NIGHT
BUSINESSES LOCATED WITHIN 300 FEET OF A
RESIDENTIALLY ZONED DISTRICT SHALL BE A
CONDITIONAL USE AND SHALL COMPLY WITH SPECIFIED
CONDITIONS, AND PROVIDING THAT EXISTING 24-HOUR OR
LATE NIGHT BUSINESSES SHALL BE EXEMPT FROM
COMPLIANCE WITH THE PROVISIONS REGARDING 24-HOUR
OR LATE NIGHT BUSINESSES; BY AMENDING SECTION
4.4.9 "GENERAL COMMERCIAL (GC) DISTRICT" TO PROVIDE
THAT 24-HOUR OR LATE NIGHT BUSINESSES ARE A
CONDITIONAL USE; BY AMENDING SECTION 4.4.11
"NEIGHBORHOOD COMMERCIAL (NC) DISTRICT" TO
PROVIDE THAT 24-HOUR OR LATE NIGHT BUSINESSES ARE
A CONDITIONAL USE; BY AMENDING SECTION 4.4.12
"PLANNED COMMERCIAL (PC) DISTRICT" TO PROVIDE THAT
24-HOUR OR LATE NIGHT BUSINESSES ARE A
CONDITIONAL USE; BY AMENDING SECTION 4.4.13
"CENTRAL BUSINESS (CBD) DISTRICT" TO PROVIDE THAT
24-HOUR OR LATE NIGHT BUSINESSES ARE A
CONDITIONAL USE; BY AMENDING SECTION 4.4.14 "RESORT
/ TOURISM (RT) DISTRICT" TO PROVIDE THAT 24-HOUR OR
LATE NIGHT BUSINESSES ARE A CONDITIONAL USE; BY
AMENDING SECTION 4.4.15 "PLANNED OFFICE CENTER
(POC) DISTRICT" TO PROVIDE THAT 24-HOUR OR LATE
NIGHT BUSINESSES ARE A CONDITIONAL USE; BY
AMENDING SECTION 4.4.24 "OLD SCHOOL SQUARE
HISTORIC ARTS (OSSHAD) DISTRICT" TO PROVIDE THAT 24-
HOUR OR LATE NIGHT BUSINESSES ARE A CONDITIONAL
USE; BY AMENDING SECTION 4.4.28 "CENTRAL BUSINESS-
RAILROAD CORRIDOR (CBD-RC)" TO PROVIDE THAT 24-
HOUR OR LATE NIGHT BUSINESSES ARE A CONDITIONAL
USE; PROVIDING A SAVINGS CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, 24-Hour or late night businesses located within close proximity to
residentially zoned districts create certain impacts, including noise pollution, safety concerns,
and visual impacts which may detract from the residential character of the neighborhood; and
WHEREAS, the City Commission has determined that conditions imposed through the
conditional use process and specific conditions set forth herein will lessen the impacts that 24-
Hour or late night businesses have upon nearby residential properties; and
WHEREAS, the provisions set forth in this section promote the health, safety and
welfare of the City's residents.
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 Defray Beach be, and the same is hereby amended to read as follows:
"24-Hour or late night businesses" Any restaurant, bar, lounge, nightclub, music hall,
club, gasoline station, convenience store, convenience business, retail store, grocery store,
laundromat or similar use which is or will, at any time during a calendar year, be open for
business at any time between the hours of 12 midnight and 5 a.m. A 24-Hour or late night
business shall not mean a hotel or motel unless any of the aforementioned uses are operated or
will be operated between the hours of 12 midnight and 5 a.m. on the same property as, or
otherwise in conjunction with, a hotel or motel use.
Section 2. That Article 4.3, "District Regulations, General Provisions", Section
4.3.3, "Special Requirements for Specific Uses" of the Land Development Regulations of the
City of Delray Beach be, and the same is hereby amended by enacting Section 4.3.3(VV), "24-
Hour or late night Businesses" to read as follows:
(VV) 24-Hour or late night businesses
(1)
section are:
Purpose and Intent: The purpose and intent of the regulations of this
(a) To promote the health, safety and general welfare of the
citizenry;
(b) To provide conditions upon the use of 24-Hour or late night
businesses in order to minimize impacts upon residentially-zoned properties
from such uses.
2 ORD. NO. 41-01
(2) Requirements: Unless otherwise specified, the following regulations
shall apply to 24-Hour or late night businesses:
(a) Conditional Use: Any 24-Hour or late night business located or
proposed to be located within a three hundred foot (300') straight line route from any
residentially-zoned property shall obtain a conditional use permit from the City for the
operation of such use. The distance shall be measured from the nearest point of the
property on which the 24-Hour or late night business is or will be located to the nearest
point of a residentially-zoned property.
(b) Conditions: In addition to complying with Section 2.4.5(E) of
the Land Development Regulations, all other applicable regulations, and with any
conditions imposed through the conditional use process, the following conditions shall
apply to all 24-Hour or late night businesses which meet the requirements of subsection
(2)(a):
1. Security Plan: A 24-Hour or late night business shall
submit a security plan detailing the manner in which the business intends to address the
security of the establishment, its patrons, employees and nearby residents. A
convenience business as defined in Section 812.171, Florida Statutes (2000), as may be
amended from time to time, is exempted from filing a security plan with the City
pursuant to this subsection. However, convenience businesses shall comply with all
applicable provisions of Sections 812.101-812.175, Florida Statutes (2000), as may be
amended from time to time. A security plan shall include, at a minimum, a detailed
description of the following:
a. external lighting; and,
bo
other external security measures, such as security
cameras or other similar measures; and,
c. internal security measures, such as drop safes,
silent alarms, security personnel or other similar measures.
adequate buffering to
property from nearby
2. Buffering: A 24-Hour or late night business shall provide
minimize the effects of noise and to act as a visual buffer to the
residential districts.
(c) Findings: In addition to any f'mdings required by Section
2.4.5(E) of the Land Development Regulations, and any other required findings, the
3 ORD. NO. 41-01
following specific findings shall be made in order for any 24-Hour or late night
business to be approved for a conditional use:
1. That the use will be consistent with Housing Element A-
12.3 of the Comprehensive Plan of the City of Delray Beach.
2. That the submitted security plan contains measures
adequate to reasonably protect the safety of patrons, employees and nearby residents.
3. That the amount and type of proposed buffering is
adequate to minimize the effects of noise impacts upon surrounding uses and nearby
residential properties and to act as a visual buffer to the property from surrounding uses
and nearby residential properties.
(3) Applicability:
(a) The provisions of this section shall not apply to 24-Hour or late
night businesses which: 1. are more than a three hundred foot (300') straight
line route from any residentially zoned property as determined by the provisions
of subsection (2)(a); or, 2. are in operation at the time of the adoption of this
ordinance; or, 3. are under construction pursuant to a validly issued building
permit at the time of the adoption of this ordinance.
(b) Any 24-Hour or late night business which is in existence at the
time of the adoption of this ordinance, which meets the requirements of
subsection (2)(a), and which changes its use from one type of 24-Hour or late
night business to another type of 24-Hour or late night business (e.g., restaurant
to nightclub), shall be required to obtain a conditional use approval pursuant to
the provisions of this section.
Section 3. That Article 4.4, "Base Zoning District", Section 4.4.9, "General
Commercial (GC) District", of the Land Development Regulations of the City of Delray Beach
be, and the same is hereby amended to read as follows:
(H) Special Regulations:
(6) 24-Hour or late night businesses as def'med herein must be processed as a
conditional use and are subject to the provisions of Section 4.3.3(VV).
Section 4. That Article 4.4, "Base Zoning District", Section 4.4.11, "Neighborhood
Commercial (NC) District", of the Land Development Regulations of the City of Delray Beach
be, and the same is hereby amended to read as follows:
4 ORD. NO. 41-01
(H) Special Regulations:
(4) 24-Hour or late night businesses as defined herein must be processed as a
conditional use and are subject to the provisions of Section 4.3.3(VV).
Section 5. That Article 4.4, "Base Zoning District", Section 4.4.12, "Planned
Commercial (PC) District", of the Land Development Regulations of the City of Delray Beach
be, and the same is hereby amended to read as follows:
(H) Special Regulations:
(2) 24-hour or late night businesses as defined herein must be processed as a
conditional use and are subject to the provisions of Section 4.3.3(VV).
Section 6. That Article 4.4, "Base Zoning District", Section 4.4.13, "Central Business
(CBD) District", of the Land Development Regulations of the City of Delray Beach be, and the
same is hereby amended to read as follows:
(H) Special Regulations:
(6) 24-hour or late night businesses as defined herein must be processed as a
conditional use and are subject to the provisions of Section 4.3.3(VV).
Section 7. That Article 4.4, "Base Zoning District", Section 4.4.14, "Resort /
Tourism (RT) District", of the Land Development Regulations of the City of Delray Beach be,
and the same is hereby amended to read as follows:
(G) Special Regulations:
(1) 24-hour or late night businesses as defined herein must be processed as a
conditional use and are subject to the provisions of Section 4.3.3(VV).
Section 8. That Article 4.4, "Base Zoning District", Section 4.4.15, "Planned Office
Center (POC) District", of the Land Development Regulations of the City of Delray Beach be,
and the same is hereby amended to read as follows:
(H) Special Regulations:
(4) 24-hour or late night businesses as defined herein must be processed as a
conditional use and are subject to the provisions of Section 4.3.3(VV).
5 ORD. NO. 41-01
Section 9. That Article 4.4, "Base Zoning District", Section 4.4.24, "Old School
Square Historic Arts (OSSHAD) District", of the Land Development Regulations of the City of
Delray Beach be, and the same is hereby amended to read as follows:
(H) Special District Regulations:
(6) 24-hour or late night businesses as defined herein must be processed as a
conditional use and are subject to the provisions of Section 4.3.3(VV).
Section 10. That Article 4.4, "Base Zoning District", Section 4.4.28, "Central
Business District-Railroad Corridor (CBD-RC)", of the Land Development Regulations of the
City of Delray Beach be, and the same is hereby amended to read as follows:
(H) Special Regnlations:
(4) 24-hour or late night businesses as defined herein must be processed as a
conditional use and are subject to the provisions of Section 4.3.3(VV).
Section 11. That should any section or provision of this ordinance, or any portion
thereof, or 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 12. That all ordinances or parts of ordinances in conflict herewith be, and
the same are hereby, repealed.
Section 13. That this ordinance shall become effective immediately upon its passage
on the second and final reading.
~7.S~ PASSED ,~ND ADOPTED in regular session on second and final reading on this the
day of ~ ,2001.
ATTEST:
Acting City Clerk
First Reading
Second Reading ~'/7/ol
6 ORD. NO. 41-01
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
~CITY MANAGER
AGENDA ITEM /0t~ - REGULAR MEETING OF AUGUST 7, 2001
SECOND READING/PUBLIC HEARING FOR ORDINANCE NO. 41-01
DATE:
(24-HOUR OR LATE NIGHT BUSINESSES)
AUGUST 3, 2001
This is second reading and second public hearing for Ordinance No. 41-01 which amends Land
Development Regulations Appendix "A" Section 4.3.3 adding a definition and specml regulations
regarding 24-hour or late night businesses and listing 24-hour or late night businesses as a conditional
use in certain non-residenual zoning districts.
Before you is the revised ordinance with includes 24-hour or late mght businesses which was agreed
upon at the July 24, 2001 C~ty Commission Meeting. This should n-nprove upon the clarity of tins
ordinance.
This ordinance applies citywide rather than just the area within the boundaries of the Downtown
Development Authority as premously presented. The ordinance amends the LDR to include a
definition of 24-hours or late night businesses, adds a new subsection which includes special
provisions for 24-hour or late night businesses, and amends affected zoning dismcts where 24-hour
or late night businesses may be established as a conditional use. This ordinance does not apply to
exastmg 24-hour or late night businesses.
Recommend approval of Ordinance No. 41-01 on second and final reading.
refiagmemo21.24-HourBusinesses.08.07.01
ORDINANCE NO. 41-01
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA,
BY AMENDING APPENDIX "A", "DEFINITIONS", TO PROVIDE
FOR A DEFINITION OF 24-HOUR OR LATE NIGHT
BUSINESSES; AMENDING SECTION 4.3.3, "SPECIAL
REQUIREMENTS FOR SPECIFIC USES" BY ENACTING
SUBSECTION 4.3.3(VV), "24-HOUR OR LATE NIGHT
BUSINESSES", TO PROVIDE THAT 24-HOUR OR LATE NIGHT
BUSINESSES LOCATED WITHIN 300 FEET OF A
RESIDENTIALLY ZONED DISTRICT SHALL BE A
CONDITIONAL USE AND SHALL COMPLY WITH SPECIFIED
CONDITIONS, AND PROVIDING THAT EXISTING 24-HOUR OR
LATE NIGHT BUSINESSES SHALL BE EXEMPT FROM
COMPLIANCE WITH THE PROVISIONS REGARDING 24-HOUR
OR LATE NIGHT BUSINESSES; BY AMENDING SECTION
4.4.9 "GENERAL COMMERCIAL (GC) DISTRICT" TO PROVIDE
THAT 24-HOUR OR LATE NIGHT BUSINESSES ARE A
CONDITIONAL USE; BY AMENDING SECTION 4.4.11
"NEIGHBORHOOD COMMERCIAL (NC) DISTRICT" TO
PROVIDE THAT 24-HOUR OR LATE NIGHT BUSINESSES ARE
A CONDITIONAL USE; BY AMENDING SECTION 4.4.12
"PLANNED COMMERCIAL (PC) DISTRICT" TO PROVIDE THAT
24-HOUR OR LATE NIGHT BUSINESSES ARE A
CONDITIONAL USE; BY AMENDING SECTION 4.4.13
"CENTRAL BUSINESS (CBD) DISTRICT" TO PROVIDE THAT
24-HOUR OR LATE NIGHT BUSINESSES ARE A
CONDITIONAL USE; BY AMENDING SECTION 4.4.14 "RESORT
/ TOURISM (RT) DISTRICT" TO PROVIDE THAT 24-HOUR OR
LATE NIGHT BUSINESSES ARE A CONDITIONAL USE; BY
AMENDING SECTION 4.4.15 "PLANNED OFFICE CENTER
(POC) DISTRICT" TO PROVIDE THAT 24-HOUR OR LATE
NIGHT BUSINESSES ARE A CONDITIONAL USE; BY
AMENDING SECTION 4.4.24 "OLD SCHOOL SQUARE
HISTORIC ARTS (OSSHAD) DISTRICT" TO PROVIDE THAT 24-
HOUR OR LATE NIGHT BUSINESSES ARE A CONDITIONAL
USE; BY AMENDING SECTION 4.4.28 "CENTRAL BUSINESS-
RAILROAD CORRIDOR (CBD-RC)" TO PROVIDE THAT 24-
HOUR OR LATE NIGHT BUSINESSES ARE A CONDITIONAL
USE; PROVIDING A SAVINGS CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, 24-Hour or late night businesses located within close proximity to
residentially zoned districts create certain impacts, including noise pollution, safety concerns,
and visual impacts which may detract from the residential character of the neighborhood; and
WHEREAS, the City Commission has determined that conditions imposed through the
conditional use process and specific conditions set forth herein will lessen the impacts that 24-
Hour or late night businesses have upon nearby residential properties; and
WHEREAS, the provisions set forth in this section promote the health, safety and
welfare of the City's residents.
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 be, and the same is hereby amended to read as follows:
"24-Hour or late night businesses" Any restaurant, bar, lounge, nightclub, music hall,
club, gasoline station, convenience store, convenience business, retail store, grocery store,
laundromat or similar use which is or will, at any time during a calendar year, be open for
business at any time between the hours of 12 midnight and 5 a.m. A 24-Hour or late night
business shall not mean a hotel or motel unless any of the aforementioned uses are operated or
will be operated between the hours of 12 midnight and 5 a.m. on the same property as, or
otherwise in conjunction with, a hotel or motel use.
Section 2. That Article 4.3, "District Regulations, General Provisions", Section
4.3.3, "Special Requirements for Specific Uses" of the Land Development Regulations of the
City of Delray Beach be, and the same is hereby amended by enacting Section 4.3.3(VV), "24-
Hour or late night Businesses" to read as follows:
(VV) 24-Hour or late night businesses
(1)
section are:
Purpose and Intent: The purpose and intent of the regulations of this
(a) To promote the health, safety and general welfare of the
citizenry;
(b) To provide conditions upon the use of 24-Hour or late night
businesses in order to minimize impacts upon residentially-zoned properties
from such uses.
2 ORD. NO. 41-01
(2) Requirements: Unless otherwise specified, the following regulations
shall apply to 24-Hour or late night businesses:
(a) Conditional Use: Any 24-Hour or late night business located or
proposed to be located within a three hundred foot (300') straight line route from any
residentially-zoned property shall obtain a conditional use permit from the City for the
operation of such use. The distance shall be measured from the nearest point of the
property on which the 24-Hour or late night business is or will be located to the nearest
point of a residentially-zoned property.
(b) Conditions: In addition to complying with Section 2.4.5(E) of
the Land Development Regulations, all other applicable regulations, and with any
conditions imposed through the conditional use process, the following conditions shall
apply to all 24-Hour or late night businesses which meet the requirements of subsection
(2)(a):
1. Security Plan: A 24-Hour or late night business shall
submit a security plan detailing the manner in which the business intends to address the
security of the establishment, its patrons, employees and nearby residents. A
convenience business as defined in Section 812.171, Florida Statutes (2000), as may be
amended from time to time, is exempted from filing a security plan with the City
pursuant to this subsection. However, convenience businesses shall comply with all
applicable provisions of Sections 812.101-812.175, Florida Statutes (2000), as may be
amended from time to time. A security plan shall include, at a minimum, a detailed
description of the following:
a. external lighting; and,
other external security measures, such as security
cameras or other similar measures; and,
c. internal security measures, such as drop safes,
silent alarms, security personnel or other similar measures.
2. Buffering: A 24-Hour or late night business shall provide
adequate buffering to minimize the effects of noise and to act as a visual buffer to the
property from nearby residential districts.
(c) Findings: In addition to any findings required by Section
2.4.5(E) of the Land Development Regulations, and any other required findings, the
3 ORD. NO. 41-01
following specific findings shall be made in order for any 24-Hour or late night
business to be approved for a conditional use:
1. That the use will be consistent with Housing Element A-
12.3 of the Comprehensive Plan of the City of Delray Beach.
2. That the submitted security plan contains measures
adequate to reasonably protect the safety of patrons, employees and nearby residents.
3. That the amount and type of proposed buffering is
adequate to minimize the effects of noise impacts upon surrounding uses and nearby
residential properties and to act as a visual buffer to the property from surrounding uses
and nearby residential properties.
(3) Applicability:
(a) The provisions of this section shall not apply to 24-Hour or late
night businesses which: 1. are more than a three hundred foot (300') straight
line route from any residentially zoned property as determined by the provisions
of subsection (2)(a); or, 2. are in operation at the time of the adoption of this
ordinance; or, 3. are under construction pursuant to a validly issued building
permit at the time of the adoption of this ordinance.
(b) Any 24-Hour or late night business which is in existence at the
time of the adoption of this ordinance, which meets the requirements of
subsection (2)(a), and which changes its use from one type of 24-Hour or late
night business to another type of 24-Hour or late night business (e.g., restaurant
to nightclub), shall be required to obtain a conditional use approval pursuant to
the provisions of this section.
Section 3. That Article 4.4, "Base Zoning District", Section 4.4.9, "General
Commercial (GC) District", of the Land Development Regulations of the City of Delray Beach
be, and the same is hereby amended to read as follows:
(H) Special Regulations:
(6) 24-Hour or late night businesses as defined herein must be processed as a
conditional use and are subject to the provisions of Section 4.3.3(VV).
Section 4. That Article 4.4, "Base Zoning District", Section 4.4.11, "Neighborhood
Commercial (NC) District", of the Land Development Regulations of the City of Delray Beach
be, and the same is hereby amended to read as follows:
4 ORD. NO. 41-01
(H) Special Regulations:
(4) 24-Hour or late night businesses as defined herein must be processed as a
conditional use and are subject to the provisions of Section 4.3.3(VV).
Section 5. That Article 4.4, "Base Zoning District", Section 4.4.12, "Planned
Commercial (PC) District", of the Land Development Regulations of the City of Delray Beach
be, and the same is hereby amended to read as follows:
(H) Special Regulations:
(2) 24-hour or late night businesses as defined herein must be processed as a
conditional use and are subject to the provisions of Section 4.3.3(VV).
Section 6. That Article 4.4, "Base Zoning District", Section 4.4.13, "Central Business
(CBD) District", of the Land Development Regulations of the City of Delray Beach be, and the
same is hereby amended to read as follows:
(H) Special Regulations:
(6) 24-hour or late night businesses as defined herein must be processed as a
conditional use and are subject to the provisions of Section 4.3.3(VV).
Section 7. That Article 4.4, "Base Zoning District", Section 4.4.14, "Resort /
Tourism (RT) District", of the Land Development Regulations of the City of Delray Beach be,
and the same is hereby amended to read as follows:
(G) Special Regulations:
(1) 24-hour or late night businesses as defined herein must be processed as a
conditional use and are subject to the provisions of Section 4.3.3(VV).
Section 8. That Article 4.4, "Base Zoning District", Section 4.4.15, "Planned Office
Center (POC) District", of the Land Development Regulations of the City of Delray Beach be,
and the same is hereby amended to read as follows:
(H) Special Regulations:
(4) 24-hour or late night businesses as defined herein must be processed as a
conditional use and are subject to the provisions of Section 4.3.3(VV).
5 ORD. NO. 41-01
Section 9. That Article 4.4, "Base Zoning District", Section 4.4.24, "Old School
Square Historic Arts (OSSHAD) District", of the Land Development Regulations of the City of
Delray Beach be, and the same is hereby amended to read as follows:
(H) Special District Regulations:
(6) 24-hour or late night businesses as defined herein must be processed as a
conditional use and are subject to the provisions of Section 4.3.3(VV).
Section 10. That Article 4.4, "Base Zoning District", Section 4.4.28, "Central
Business District-Railroad Corridor (CBD-RC)", of the Land Development Regulations of the
City of Delray Beach be, and the same is hereby amended to read as follows:
(H) Special Regulations:
(4) 24-hour or late night businesses as defined herein must be processed as a
conditional use and are subject to the provisions of Section 4.3.3(VV).
Section 11. That should any section or provision of this ordinance, or any portion
thereof, or 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 12. That all ordinances or parts of ordinances in conflict herewith be, and
the same are hereby, repealed.
Section 13. That this ordinance shall become effective immediately upon its passage
on the second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ,2001.
ATTEST:
MAYOR
Acting City Clerk
First Reading
Second Reading
6 ORD. NO. 41-01
THRU: PAUL DORLING, DIRECTOR OF PLANNING AND~)/~ ~
_-J ,//,~
FROM: JEFFREY A. COSTELLO, PRINCIPAL PLANNER~'~~ ~a
SUBJECT: MEETING OF JULY 24, 2001
AMENDMENT TO LAND DEVELOPMENT REGULATIONS RELATING TO 24-HOUR
BUSINESSES.
At its meeting of February 6, 2001, the City Commission approved an ordinance which enacted a 6-
month moratorium prohibiting the establishment of new businesses having operating hours between
12:00 midnight and 5:00 AM in the Downtown Development Authority area, to allow time to study the
impacts of 24-Hour Businesses on adjacent residential uses and the redevelopment effort. The
moratorium did not effect any existing businesses that were already operating between these hours,
and exempted hotels, motels, office uses, restaurants and cocktail lounges.
The primary concern with 24-Hour Businesses is their impacts on residentially zoned properties as well
as the effects on redevelopment efforts. Therefore, the proposed ordinance applies citywide rather
than to just the area within the boundaries of the Downtown Development Authority, as indicated in the
moratorium. The ordinance amends the Land Development Regulations to include a definition of 24-
Hour Businesses, adds a new subsection which includes special provisions for 24-Hour Businesses,
and amends affected zoning districts where 24-Hour Businesses may be established as a conditional
use. The ordinance does not apply to existing to 24-Hour Businesses.
The Planning and Zoning Board held a public hearing regarding this item at its meeting of July 16,
2001. There were several members of the public who spoke regarding the text amendment. There
were concerns expressed that the proposed ordinance would apply to projects currently under
construction. Comments were made to the ordinance referencing "Eastern Standard Time" and felt that
clarification was needed. One person suggested the ordinance needed further study and should be
discussed at a workshop. Diane Dominguez, Executive Director of the Community Redevelopment
Agency, spoke in support of the proposed ordinance.
Some Board members felt that the ordinance did not address the intent of the moratorium with regard
to convenience type businesses, and questioned significantly broadening the affected area and uses,
such as restaurants. Mr. Peltzie also felt that the title was deceiving as the ordinance applies to
businesses that are open between midnight and 5:00 AM, and not just 24 hours. Chairman Bird felt the
ordinance should apply between 11:00 PM and 5:00AM. After discussing the amendment, the Board
voted 4-3 (Randolph, Peltzie, Bird dissenting) to recommend to the City Commission approval of the
proposed text amendment, based upon positive findings with respect to LDR Section 2.4.5(M).
Since the Planning and Zoning Board hearing, changes have been made to address the comments that
relate to applicability of the ordinance and elimination of the reference to "Eastern Standard Time".
Attached is a map, which indicates the commercial areas within 300' of residentially-zoned properties.
City Commission Documentation
Meeting of July 24, 2001
LDR Text Amendment Regarding 24-Hour Businesses
Page 2
Formal recommendations from the Downtown Development Authority, Downtown Business Merchants
Association, and Historic Preservation Board were not available at the Planning and Zoning Board
meeting. These Boards reviewed the amendment at their July 18th meetings and recommended
approval.
By motion, approve on first reading the ordinance regarding 24-Hour Businesses, based upon the
findings and recommendations by the Planning and Zoning Board, and set a public hearing date of
August 7, 2001.
Attachments: P&Z Board Staff Report of July 16, 2001 & Ordinance by Others
MEETING OF:
JULY 16, 2001
AGENDA ITEM:
IV.F. AMENDMENT TO LAND DEVELOPMENT REGULATIONS
APPENDIX "A" AND SECTION 4.3.3 ADDING A DEFINITION AND
SPECIAL REGULATIONS REGARDING 24-HOUR BUSINESSES AND
LISTING 24-HOUR BUSINESSES AS A CONDITIONAL USE IN
CERTAIN NON-RESIDENTIAL ZONING DISTRICTS.
The item before the Board is an amendment to Land Development Regulations Appendix "A"
and Section 4.3.3 adding a definition and special regulations regarding 24-Hour Businesses
and listing 24-Hour Businesses as a conditional use in certain non-residential zoning districts.
The amendment is being processed in accordance with LDR Section 2.4.5(M). Pursuant to
LDR Section 1.1.6, an amendment to the LDRs may not be made until a recommendation is
obtained from the Planning and Zoning Board.
In December, 2000, the WARC (West Atlantic Redevelopment Coalition) requested a 6-month
moratorium on 24-Hour Businesses in the Downtown Development Authority Area within the
GC (General Commercial) and CBD zoning Districts to allow time to study the impacts of 24-
Hour Businesses on adjacent residential uses, and the redevelopment effort.
At its meeting of February 6, 2001, the City Commission approved an ordinance which
enacted a 6-month moratorium prohibiting the establishment of new businesses having
operating hours between 12:00 midnight and 5:00 AM in the Downtown Development
Authority area. The moratorium also prohibited existing business, which did not already
operate during these hours, from extending their hours of operation between 12:00 midnight
and 5:00 am. The moratorium did not effect any existing businesses that were already
operating between these hours. Furthermore, the ordinance provided an exemption for hotels,
motels, office uses, restaurants and cocktail lounges.
The primary concern with 24-Hour Businesses is their impacts on residentially zoned
properties. Therefore, the proposed ordinance applies citywide rather than to just the area
within the boundaries of the Downtown Development Authority, as indicated in the
moratorium. The ordinance amends the Land Development Regulations to include a
definition of 24-Hour Businesses, adds a new subsection which includes special provisions for
24-Hour Businesses, and amends affected zoning districts where 24-Hour Businesses may
be established.
IV.F,
Planning and Zoning Board Memorandum Staff Report
LDR Text Amendment Regarding 24-Hour Businesses
Page 2
The proposed ordinance defines a 24-Hour Business as: "any restaurant, bar, lounge,
nightclub, music hall, club, gasoline station, convenience store, convenience business, retail
store, grocery store, laundromat or similar use which is or will be open for business at any
time during a calendar year between the hours of 12 midnight and 5 a.m. (Eastern Standard
Time). A 24-Hour Business shall not mean a hotel or motel unless any of the aforementioned
uses are operated or will be operated between the hours of 12 midnight and 5 a.m. on the
same property as, or otherwise in conjunction with, a hotel or motel use."
A 24-Hour Business, which is located or proposed to be located within 300' of any
residentially zoned property, shall obtain a conditional use approval from the City for the
operation of such use. The use must also comply with special provisions listed in the
attached ordinance. These include the provision of a security plan and buffering. Conditional
use approval and compliance with the special provisions do not apply to 24-hour businesses,
which are not within 300' of residentially zoned property.
LDR Section 2.4.5{M){5) {Findin_clS): 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.
COMPREHENSIVE PLAN POLICIES:
The goals, objectives and policies of the Comprehensive Plan were reviewed and the
following objective and policy are noted.
Housing Element Objective A-12: To assist residents of the City in maintaining and
enhancing their neighborhood environment, the City shall take steps to ensure that
modifications in and around the neighborhood do not lead to its decline .....
Housing Element Policy A-12.3: In evaluating proposals for new development or
redevelopment, the City shall consider the effect that the proposal will have on the
stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes
and circulation patterns shall be reviewed in terms of their potential to negatively
impact the safety, habitability and stability of residential areas. If it is determined that a
proposed development will result in a degradation of any neighborhood, the project
shall be modified accordingly or denied.
The impacts of 24-Hour Businesses on residential areas are a concern and every attempt
must be made to ensure that residential areas are not negatively impacted. Compliance with
the above policy is specifically listed in the proposed ordinance as a finding that must be
made for approval of the Conditional Use. The proposed text amendment will help to fulfill the
referenced objective and policy, and will further other goals, objectives and policies of
Comprehensive Plan, especially as they relate to improving quality of life, stabilizing
residential areas, and preventing degradation of neighborhoods.
Planning and Zoning Board Memorandum Staff Report
LDR Text Amendment Regarding 24-Hour Businesses
Page 3
West Atlantic Avenue Redevelopment Coalition (WARC): WARC reviewed the proposed
amendment to the Land Development Regulations at its meeting of July 11, 2001, and
recommended approval.
Community Redevelopment Agency: At its meeting of July 12, 2001, the CRA Board
reviewed the proposed LDR amendment and recommended approval.
Downtown Development Authority: This item is scheduled for review by the DDA at their
July 18th meeting. Their recommendation will be provided at the City Commission meeting.
Delray Merchants Association: The DMA Board supports the proposed text amendment.
Downtown Business Merchants Association: The DBMA Board's recommendation will be
provided at the City Commission meeting.
Historic Preservation Board: This item is scheduled for review by the HPB at their July 18th
meeting. Their recommendation will be provided at the City Commission meeting.
Courtesy Notices:
Special courtesy notices were provided to the following homeowners and civic associations:
· PROD (Progressive Residents of Delray)
· Presidents Council
· Delray Merchants Association
· Chamber of Commerce
Letters of objection or support, if any, will be provided at the Planning and Zoning Board
meeting.
By motion, recommend approval of the attached amendment to Land Development
Regulations Appendix "A" and Section 4.3.3 adding a definition and special regulations
regarding 24-Hour Businesses and listing 24-Hour Businesses as a conditional use in certain
non-residential zoning districts, based upon positive findings with LDR Section 2.4.5(M).
Attachment: Proposed Amendment
CITY OF DELRAY BEACH, FLORIflA
24-1-10UR BUSINESSES
GULF STREAM
i
i
L-~O CANAL
N.W. 2ND
A/IANllC
LOWSON BOULEVARD
S.W. 2NO
S.Wo
L-38 CANAL
LEGEND:
~ - ZON/NG D/STR/CT~ AJ=FECTED
(~C, NC, PC, CBD, CBD-RC, RT, PO(::, OSSHAD)
~ - 300 FT. LINEAR DISTANCE FROM RESIDENTIAL ZONING DISTRICT~
C-15 CANAL
crrY OF DELRAY BEACH, FL
PI. ANNING & ZON~IG OEPN~TMENT
JULY 2~01
: CITY OF DELRAY BEACH :-t
CITY OF DELRAY BEACH NOTICE OF PROPOSED!
AMENDMENT TO THE LAND DEVELOPMENT
REGULATIONS AMENDING APPENDIX"A",
"DEFINmONS" TO PROVIDE FOR A DEFINmON OF
24-HOUR OR LATE NIGHT BUSINESSES; BY
ENACTING SECTION 4.3.3(VV), "24-HOUR OR LATE
NIGHT BUSINESSES", TO PROVIDE THAT 24-HOUR
OR LATE NIGHT BUSINESSES LOCATED WITHIN 300
FEET OF A RESIDENTIALLY ZONED DISTRICT SHALL
BE A CONDmONAL USE AND SHALL COMPLY WITH
SPECIFIED CONDmONs, AND PROVIDING THAT
EXISTING 24-HOUR OR LATE NIGHT BUSINESSES
SHALL BE EXEMPT FROM COMPUANCE WTTH THE
PROVISIONS REGARDING 24-HOUR OR LATE
NIGHT BUSINESSES AND AMENDING RELATED
ZONING DISTRICTS
LATE NIGHT B~*, TO PltOVff~ ~4AT 2441OOR OR LATE NIGHT
LCX~ATED ~ ~00 tnl~T O!~ A ItI~II)EWTIALLY ~ DISTRK~ SHALL BE A
THAT IDCISTIlqG Z&HO~R OR LATE NIGHT BUSIIG;SSI~ SHALL BE EXIDdPT PROM
4~11
LA~ NIGflT BU-qlI~$P-q AI~ A C~ITIOHAL ~S~; BY ~ S~ 4.4.12
BTLffJIq~I~ AR~ A II~ITIONAL 1~ BY ~ SP~lC~q 44,13
BUSINHSS ((~1)) I~ TO PROVIDt~ THAT ~40tHt OR LATE NIGHT BUSliq~SSES
A ~Q~rK)NA~ ~ BY AB~ID~ SI~TION 4,4.14 ~E~SOKT ! TOORISM ~ ~
TO~ROVH)G TtlAT 244K)t/R OR LATI*~ NIGHT BUS ~_ $ ~ A-CX~AL ~ ny
THAT 24 HOUR OR LATE ~ BUSINESSES AItG A CoNDrI'IC~AL US~ BY ~G
~'~10~ 4 4.24 'OLD SCHOOL .~4J~RE IgSTORIC ,XRTS (~HAD) I)ISTRIC~ TO PROV]DG
TlfAT 24-HO~R OR LATE NIC, flT BUS~G~ES-ARE A (~X~qlO~AL US~ BY ~
~ ~4-2~ ~ BUSINI~S-RAE~ROAD CORKIDOR (CBD-RC)' TO FROVlDE TI~T
C2,AUS~ A GE]~AL ~ CLAUS~ AND AN ig~GCqlV~ DA'I~.
n~z~'dinlt It~ _ ~lX~,~t'd__ cm:limn~.*11~ ru~ I'd~ llm*i~ wig f~ bdd ~ *lWJESOAY, JULY 2,4~00!,
AT?.*00 PA4 M(~UH~I, 1O0N.W !~ A~mr~ Deh~y B~cb, lqcrid~. It'd~ IXal~Med c~diz~ceis
lms~ m ~m .~lin~. ,, iKmd l~dic He~lil~ will b~ indd m TUE~DAY~ At~ ?~ 2~01a AT ?.'O0
.ill b~ bdd in I1~ ~an~ 4~ .~ City 14~IL 100 N.W.
iq~ASG B~ ADV1S~D THAT ~ A FBtSOfl DI~tlX,*S TO ^lq~L A~Y DBCISIOlq MADE BY
l~tll~ C~SS1ON ~ RESI~ TO ANY WIATTI~ CONSIDI~Y~D AT
, SU~ I~ MAY NI~ TO I~SURE TflAT A VERliATIM RI~ IN(~A~)I~
CITY OF DELRAY BEACH
NOTICE OF PROPOSED AMENDMENT TO THE
LAND DEVELOPMENT REGULATION AMENDING
APPENDIX "A',"DEFINITIONS' TO PROVIDE
FOR A DEFINITION OF "24-HOUR BUSINESSES"
BY ENACTING SECTION 4.3.3(VV), '24-HOUR
BUSINESSES",TO PROVIDE THAT 24-HOUR
BUSINESSES LOCATED WTIHIN 300 FEET OF A
RESIDENTIALLY ZONED DISTRICT SHALL BE A
CONDITIONAL USE AND SHALL COMPLY WITH
SPECIFIED CONDITIONS, AND PROVIDING
THAT EXISTING 24-HOUR BUSINESSES SHALL
BE EXEMPT FROM COMPUANCE WITH THE
PROVISIONS REGARDING 24 - HOUR
BUSINESSES AND AMENDING RELATED
ZONING DISTRICTS. ...............~
TH~ CITY OF DELRAY BEACH, FL,OIUDA, BY AMENDING APPENDIX "A*, "DEFiNFT]ONS", TO
PROVIDE ~ A I)S{~'{TriON OF ~4,.HOUR BUSINESSES: AMEND{NO ARTICt~ 4.3, 'DISTRICT
R,EO~T{ONS, (3EWEP,,A~ FROV]SIONS', SBCT{ON 4.33 "SI~.C1AL RI~ POR
SPI~CIFIC USBS' BY EWA~NG SUBS~"TION 43..9(V~), "24..HOUR BUSIW~BSSF.,{", TO
i"WOVJDE THAT 24-HOUR BU$1NF. SSES LOCATED W{'{lgN 3g0 ~ Of' A RBSIDEW'TIALLY
2101,{ED DLSTYJCT SHALL B8 A O3NDfl'IOWAL U{E AWeD SHAL,L, (X)MPLY WITI.{ SPI{CI{r~D
laROM COMPUANC~ WIT{,I TI~ PROVISIONS RBOARDING 24-HOUR BU$1NBSSES~ BY
AM~NDIWG SBCTION 4.4.~ 'aENBRAL. COMM~CZAL (OC) DIS"lg.{C~ TO FROViD{{ THAT 24.
HOUR BUSINESSES ARB A (X)NDmONAI, I/SE: BY AMBNDINO SBCTION 4,4.11
ARE A CONDITIONAL USE; BY AM~NDINO SECTION 4.4,12 'PLANNED COMMERCIAL (PC
DZSTIUCT' TO {'ROV{D£ THAT 2~.{,IOUR BUSIN~$E5 APE A CONDITIONAL USB; BY
AM~IDING ~ 4.4,13 "CEN'r~J. BUSINGS{ 0ZBD) DISTRICT' TO I~.OVIDB THAT 24-
HOUR B1,~l~B3 AP, IS A I:~ONAI, Tu'S~; BY AM~ ~ ~,.4.14 ~ I
TOUMSM (RI') DI,q'IY~CT' TO PROVIDE THAT 2LHOUR BUSINESS~ ARE A CONDITIONAL
USI~; BY ~ SF~ 4J..15 'PL,qqt~D OFPIC~ C~q'T~R (POC) DISTIUCT' TO
PROVIDE THAT 2~HOUR BUSIN~S,qES APE A CONDFTIONAL U~ BY AMEND~ SECT10~
4.d,~, ~LD SCHOOL S~d&tE HISTOKI¢ ARTS (OSSHAD) DgIg,.!CT' TO P~OVlDE THAT
gOO~R BI~SE~ ARE A O:~qDFI~3~AL 1.~ BY AI~I~3 S~ 4.4.28 "a~VTRAL
BUS[NF, SS-RA~LRO&D OOR~ (CBD.RQ* TO PROVII:~ THAT M-HOUR BUSINESSES AJ~E
A C~TTIONAL L~ PROVlDIgO A JAVlM3S CLAI.~ A GENLqAL'R~ CLAUSE
AND AN II:FI~IL~ DATE ,~;, .- ' ' '
Flmminl j~l m',,,,{-.* Dqumlmm~ Clly Hs{L 100 N W. I" A~tm, {:~dmy Bea~, PIwida 33444~
~ CITY COMMISSION WI'TH RP. SPJ~'"T TO ANY MATTER CONS{DEKED AT
{,IF~ARIN~, SUCH PIerSON MAY N~ TO ENSURE THAT A VP. RBATIM RECORD INC2.UDES
DOES NOT PROVff)E NOR FI~AR~ SUCH R.~ II~UANT TO P.S. 2{6.0105
C2TY 0F DEL~AY BEACH
B~Jl01dto
Ad), 16,2a01
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