17-87 ORDINANCE NO. 17-87
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, ~ENDING CHAPTER 30 "ZONING", OF THE CODE
OF ORDINANCES OF THE CITY OF DELRAY BEACh, FLORIDA, BY
ENACTING A NEW SECTION 30-13.2 "ACT AGRICULTURAL
COMMERCIAL TRANSITIONAL DISTRICT", WHICH PROVIDES (A)
"PURPOSE"; (B) "PERMITTED USES"; (C) "CONDITIONAL USES";
(D) "LOT DIMENSIONS AND SITE AREA"; (E) "AGGREGATE FLOOR
AREA REQUIREMENTS"; (F) "BUILDING SETBACKS"; (G)
"BUILDING HEIGHT"; (H) "PARKING AND LOADING REGULATIONS";
(I) "WALLS AND FENCES"; (J) "LANDSCAPING"; (K) "SIGNS";
PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING
CLAUSE; PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 30, "Zoning", of the Code of
Ordinances of the City of Delray Beach, Florida, is hereby amended by
enacting a new Section 30-13.2 ACT (Agricultural Commercial
Transitional) District to read as follows:
Section 30-13.2 ACT AGRICULTURAL COMMERCIAL TRANSITIONAL DISTRICT
(A) PURPOSE
The ACT zoning district is intended to provide a means to
allow existing agricultural uses in County enclaves to
lawfully continue as permitted uses when annexed into the
City of Delray Beach. The ACT Zoning District is also
intended to allow such uses to become other permitted
agricultural uses, and to allow such uses to develop into
commercial uses compatible with adjacent ~o~mercial and
agricultural uses, served by a major roadway. This
district shall only be used where agricultural land uses
are already present, in proximity to commercial areas and
major roadways.
(B) PE~4ITTED USES
(1) Agricultural uses, including barns, chicken coops,
croplands, dairies, drying sheds, farmhouses, farmers
markets associated directly with other agricultural
uses, gardens, greenhouses, grazing lands, migrant
worker housing associated with other agricultural
uses, nurseries, orchards and fruit groves, stables,
and other uses customarily incidental to agricultural
land use.
(2) Agricultural equipment, supplies, seed, feed,
fertilizer
(3) Boarding stables
(4) Farm animals, including cattle, fowl, goats, horses,
ponies, sheep, and other animals customarily located
in agricultural areas
(5) Florists, garden supplies, plant shops, ornamental
plant sales wholesale and retail, landscapers
(6) Horse ranch
(7) Pet shops, pet grooming parlors
(8) Public utilities in a fully enclosed building
(9) Riding academy
(10) Veterinary clinic (excluding on site disposal of
carcasses)
(C) CONDITIONAL USES
As prescribed in Section 30-21, and after the review of
the application and plans appurtenant thereto, and hearing
thereon, the Planning and Zoning Board finds as a fact
that the proposed use or uses are consistent with good
zoning practice, not contrary to the Master Plan, and not
detrimental to the promotion of public appearance,
comfort, convenience, general welfare, good order, health,
prosperity, and safety of the City, the following uses may
be recommended to the City Council as Conditional Uses:
(1) Agricultural - vocational schools and research
laboratories
(2) Antiques sales
(3) Auctioneers
(4) Bakeries
(5) Butcher shops
(6) Cheese shops
(7) Confectionaries
(8) Delicatessens
(9) Food stores
(10) Fruit and vegetable markets
(11) Health food stores
(12) Ice cream parlors
(13) Natural resource utilities
(14) Restaurants
(15) Snack shops
(D) LOT DIMENSIONS AND SITE AREA
No requirements
(E) AGGREGATE FLOOR AREA REQUIREMENTS
No requirements
(F) BUILDING SETBACKS
Side Side
Front (Interior) (Street) Rear
10 ft. 5 ft. 10 ft. 10 ft.
(G) BUILDING HEIGHT
No building or structure shall be constructed to a height
exceeding forty-five (45) feet.
(H) PARKING AND LOADING REGULATIONS
See Section 30-18 and Section 30-19.
(I) WALLS AND FENCES
See Section 30-17(I).
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If the proposed commercial use will be located adjacent to
a residential district (if separated by a property line),
the proposed commercial use shall provide either a six
foot solid finished masonry wall, a six foot opaque fence,
or a continuous hedge at least four-and-one-half feet in
height at the time of installation, located inside and
adjacent to that portion of the boundary line of the
property which is adjacent to the residential district.
Proposed commercial uses adjacent to residential
districts, separated by streets or alleys, shall be
governed by the provisions of the Landscaping Code.
(J) LANDSCAPING
See Chapter 9, Article X.
(K) SIGNS
See Chapter 9, Article VIII.
Section 2. That all ordinances or parts 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 ten days
after passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 24th day of February , 1987.
MAYOR
ATTEST:
First Reading February 10, 1987
Second Reading February 24, 1987
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