27-87 ORDINANCE NO. 27-87
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH,' FLORIDA, AMENDING CHAPTER
30, "ZONING", OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, FLORIDA, BY
AMENDING SECTION 30-12 "SC (SPECIALIZED
COMMERCIAL) DISTRICT", (N) "SPECIAL
REGULATIONS" BY ADDING A NEW SUBSECTION (5)
TO ESTABLISH DESIGN STANDARDS AND USE
RESTRICTIONS FOR NEW DEVELOPMENT AND
EXPANSIONS AS WELL AS EXISTING DEVELOPMENT
RELATING TO AUTOMOTIVE RENTAL AGENCIES,
AUTOMOTIVE SALES, RECREATION VEHICLE SALES,
TRUCK RENTAL, AND TRUCK SALES; BY AMENDING
S~CTION 30-18 "OFF-STREET PARKING
R~.GULATION$", (D) "PARKING REQUIREMENTS", (4)
"MISCELLANEOUS USES" BY ADDING PARKING
REQUIREMENTS FOR A~OMOTIVE SALES, AUTOMOTIVE
RENTAL AGENCIES, RECREATION VEHICLE SALES,
TRUCK RENTAL, AND TRUCK SALES, INCLUDING
APPROVED ACCESSORY USES; BY AMENDING SECTION
30-18 "OFF-STREET PARKING REGULATIONS", (E)
"SPECIAL REGULATIONS", (1) "AUTOMOBILE
DEALERSHIPS" TO DELETE (b); BY AMENDING
SECTION 30-11 "GC (GENERAL COMMERCIAL)
DISTRICT", (N) "SPECIAL REGULATIONS", (1)(a)
TO DELETE THE WORDS "AUTOMOBILE SALES AND
DISPLAY"; PROVIDING A SAVING CLAUSE;
PROVIDING A GENERAL REPEALER 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", Section 30-12
"SC (Specialized Commercial) District", (N) "Special Regulations"
of the Code of Ordinances of the City of Delray Beach, Florida,
is hereby amended by adding the following:
(N) Special Regulations
(5) Design standards and use restrictions relating to
automotive rental agencies, automotive sales,
recreation vehicle sales, truck rental, and truck
sales.
(a) New develc~m~ent and expansions
The following design standards and use
restrictions shall apply as supplemental
regulations to new development on land not
.heretofore put to such use; and to sites where
such uses exlst whenever suc~ sites or Dul~ngs
thereon are proposed for expansion or additional
development in a cumulative amount from the time
of adoption of these regulations equal to 30% or
more of the site area or 30% or more of the
building area which was in existence at the time
of adoption of these regulations. If the
expansion is less than 30% of the site area or
less than 30% of the building area, the following
regulations shall only apply to the expanded site
area or building area, whichever is applicable,
except as provided in Section 30-12(N)(5)(b)
below.
The above provisions shall not modify nor amend
the requirements and provisions set forth in
Section 30-24 concerning the reconstruction or
repair and maintenance of non-conforming
structures.
(1) Minimum lot dimensions and site area:
(a) Frontage - 125 Feet. The front of the
lot will be deemed to be Federal Highway
U.S. %1 where such property borders said
highway, not withstanding any other
provisions of this Code to the contrary.
(b) Width - 125 Feet
(c) Depth - 200 Feet
(d) Area - 1.5 Acres
(e) The above may be waived by the City
Council after review and recon~endation
by the Planning and Zoning Board for
existing sites or expansions of existing
sites where it can be demonstrated that
it is not physically possible to achieve
or it is not feasible to assemble
additional land to achieve. Provided,
however, that a waiver may only be
granted where all lots to be utilized
for the proposed use abut one another,
except if separated by an alley.
(2) Outside display areas for sale, lease or
rental of vehicles:
(a) Such areas must be separated from all
adjacent streets, asphalt or vehicular
use areas by a hedge or berm at least
three (3) feet high and trees planted at
least forty (40) feet on center.
Provided, however, that the hedge may be
planted at such location that at least
twenty-four (24) inches of the hedge is
above the finished grade of the adjacent
parking area.
(b) Such areas must be separated from all
residential zoning districts, whether or
not separated by a street or alley, by a
six (6) foot high, solid masonry wall
with decorative finished surfaces (e.g.,
stuccoed and capped) on both sides.
9aucrc t-he-.-~-.~~~" a~e~_ _~ is separ~,~ fr~m_
residential zoning districts by an
arterial or collector right-of-way, the
wall may be waived subject to
recommendation of the Planning and
Zoning Board and City Council approval.
(c) The depth of the landscape strip between
the car display and the ultimate
right-of-way shall be as provided in
Section 30-16 of the Delray Beach Code
of Ordinances.
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As an alternative to the special
landscape setback provisions in Section
30-16(H), for lots with a depth in
excess of 250 feet, the outdoor display
area may be allowed to encroach into the
required landscaped setback up to fifty
percent (50%), so as to form a scalloped
effect. Provided, however, that the
total amount of greenspace required
along the right-of-way may not be
reduced. In no case would the car
display area encroach closer than ten
(10) feet to the ultimate right-of-way.
Further, the City Council, upon
recomendation by the Planning and
Zoning Board, may reduce the spect&l
landscape setback provision on existing
sites or for additions to existing sites
where it can be demonstrated that it is
not feasible to comply due to physical
constraints on the site.
(d) If the outdoor display area is located
adjacent to any other street, or
adjacent to an alley which separates it
from a residential zoning district, then
the display area shall not be located
closer than ten (10) feet from the
adjacent separator.
This ten (10) foot setback shall be
required to be landscaped and the six
(6) foot wall as required in (2)(b)
above may be permitted within five (5)
feet of the separator with trees planted
twenty-five (25) feet on center inside
the wall.
(e) If the outdoor display area is located
adjacent to non-residential zoning, a
five (5) foot wide landscape strip shall
be required in compliance wi~h Chapter
9, Article X.
(f) The outdoor display area shall be
designed and constructed in accordance
wi~h Section 30-18 of the Code of
Ordinances. Provided, however, that
automobile dealers or leasing
establis~unents which sell or lease at
least fifty percent (50%) of its stock
as compact cars, may design up to fifty
percent (50%) of its outdoor display
parking criteria in Section 30-18(B)(6).
(3) Bullpen areas=
(a) Automobile dealerships engaged primarily
in new car sales may store new cars on
an approved parking surface without
reference to parking stalls, parking
stall striping, or wheel s~ops. This
type of parking is called bpllpen
parking.
-3- Ord. No. 27-87
determined by the City Council, bullpen
areas shall be separated from a street
by an outdoor display area, customer or
employee parking area, or a building.
Where not reasonable, the landscaping
and separation requirements of
subsection (2) above shall apply.
(c) Landscaping strips and landscaped
islands internal to the bullpen parking
area are not required~ provided,
however, that the ten percent (10%)
interior landscaping requirement shall
be met by transferring the required
landscaping to the perimeter of the site
and/or bullpen area. The transferred
landscaped areas shall be designed and
located so as to mitigate and buffer the
impact of the aggregated car storage
area.
(d) Bullpen parking shall not be counted
toward meeting the parking requirements
established at Section 30-18(D).
(e) Used car sales may not use the bullpen
parking arrangement.
(f) The provisions of Sec. 30-12(N)(5)(a)(2)
above shall also apply, except as
modified by Section 30-12(N)(5)(a)(3)(a)
above (i.e., striping, etc.).
(4) Customer or employee parking areas:
(a) The provisions of Sec. 30-12(N)(5)(a)(2)
above shall apply.
(b) Off-street parking shall be provided in
accordance with Section 30-18. The
amount of parking shall be calculated
and designated as follows:
At least 4 parking space~ per 1,000
square feet of total bu/ldin9 area,
except indoor display area, shall be
provided for customers, employees and
outdoor display. Of this number, at
lea~'l.5 spaces per service bay in the
repair area and 2 spaces pe~ 1,000
square feet of all other fleer area
except indoor display area shall be
specifically designated for custcmer and
emplcyee parking. The r~ainder may be
designated, for display parking.
(5) Accessory uses:
(a) Repair facilities, sales of parts,, and
paint and body shops maybe provide~ as
an accessory use. Repair facilities and
paint and body shops shall be located at
least 100 feet from any residentially
zoned lot. Service bay doors shall not
be oriented toward any adjacent
residentially zoned property, except
where currently existing, or oriented
toward any adjacent public street unless
it can be demonstrated to the City
Council that it is not feasible to
comply.
- 4 - Ord. No. 27-87
(b) Accessory fuel pump islands and
automated wash facilities for vehicles
are permitted, provided they are not
open to the public, not located within
100 feet from any residentially zoned
property, and located within a
completely enclosed building (or in the
case of a fuel pump island located
within an enclosed area where it is not
visible off premises).
(6) Aesthetic building restrictions=
(a) All structures are subject to Community
Appearance Board approval for
appropriateness Of building materials
and colors with surrounding developments
and consistency with co,u~unity values
for the area.
(7) General restrictions on use and operation=
(a) Except for automobiles, trucks, pick-up
trucks, vans, jeeps, and recreation
vehicles, no other outdoor sales or
display of any materials, products or
goods shall be permitted. No industrial
equipment shall be sold, leased, rented,
or otherwise stored within the SC
District. Provided, however, that
wherever reasonably possible as
determined by the City, trucks, other
than pick-up trucks, vans or jeeps,
shall only be displayed in areas which
are separated from a street by an
outdoor display area for other permitted
vehicles, customer or employee parking
areas, or buildings.
(b) No vehicle shall be parked with its hood
or trunk open, nor elevated off the
ground in any way. Vehicles shall not
be parked in any right-of-way or
driveway.
(c) No advertising flags, foreign flags,
pennants, banners, streamers, balloons,
signs upon any vehicles, prices or
vehicle stock numbers or other
information as required to be posted on
such vehicles by law other than upon a
sticker affixed to a side window, or
similar objects, gimmicks or advertising
designed to attract the publicts
attention off-site shall be displayed
outdoors, or upon any building, vehicle
or wall, other than inside a window as
may be permitted by the Sign Code.
(d) Except for existing areas designated for
off-loading, any areas designated for
the off-loading of Vehicles and for
loading and deliveries shall be located
to the rear of buildings and shall be
located so as to contain noise on-site.
These areas shall not be located closer
than 100 feet from any residentially
zoned lot, and shall be appropriately
designated, marked and signed.
- 5 - Ord. No. 27-87
(e) Exterior lighting shall not exceed 25
feet in height, shall be directed away
from adjacent properties and shall be
sharp cut-off, lumenaire, shall confine
light to the site only, and shall not
exceed, when measured 10 feet inside any
property line, the following
illumination:
(a) 100 foot candles within display
areas~ and
(b) 40 foot candles within all other
areas.
(c) After 11:00 P.M., the same
measurement shall be as follows:
(i) 50 foot candles within display
area~ and
(ii) 40 foot candles within all
other areas.
(b) Existinq development and future development
All existing development and future development shall
comply with the following .regulations:
(1) No vehicle shall be parked with its hood or trunk
open, nor elevated off the ground in any way.
Vehicles shall not be parked in any right-of-way
or driveway.
(2) No advertising flags, foreign flags, pennants,
banners, streamers, balloons, signs upon any
vehicles, prices or vehicle stock numbers or other
information as required to be posted on such
vehicles by law other than upon a sticker affixed
to a side window, or similar objects, gimmicks or
advertising designed to attract the public's
attention off-site shall be displayed outdoors, or
upon any building, vehicle or wall, other than
inside a windo~ as may be permitted by the City
Sign Code.
(3) Dealers are prohibited from using residential
streets for the testing of vehicles after
servicing and fvr the testing'of vehicles du~ing
demonstration.
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Section 2. That Chapter 30, "Zoning", Section 30-18
"Off-Street Parking Regulations", (D) "Parking Requirements", (4)
"Miscellaneous Uses" of the Code of Ordinances of the City of
Delray Beach, Florida, is hereby amended by adding the following=
Automotive sales, automotive 4 parking spaces per
rental agencies, recreation 1,000 square feet of
vehicle sales~ truck rental, total building area,
and truck sales, including except indoor display
approved accessory uses area, shall be
provided for customers,
employees and outdoor
display. Of this
number, at least 1.5
spaces per service bay
in the repair area and
2 spaces per 1,000
square feet of all
other floor area
except indoor display
shall be specifically
designated for customer
and employee parking.
The remainder may be
designated for display
parking.
Section 3. That Chapter 30, "Zoning", Section 30-18
"Off-Street Parking Regulations", (E) "Special Regulations", (1)
"Automobile Dealerships", (b) of the Code of Ordinances of the
City of Delray Beach, Florida, is hereby repealed.
Section 4. That Chapter 30, "Zoning", Section 30-11
"GC (General Commercial) District", (N) "Special Regulations",
(1)(a) of the Code of Ordinances of the City of Delray Beach,
Florida, is hereby amended to read as follows:
(a) Off-street parking, aueeme~Ae-sa~es-a~d
d~sp~ay? outdoor dining facilities,
storage and display of nursery plants,
fruit and vegetable displays, and signs
may be conducted or used outside.
Section 5. 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 ~. invalid.
Section 6. That all ordinances or parts of ordinances
in conflict herewith be and the same are hereby repealed.
Section 7. That this ordinance shall become effective
immediately u~on passage oM ~con~ and final reading.
PASSED AND ADOPTED in regular session on second and
final reading on this the 14th day
MAYOR
ATTEST=
First Reading March 24, 1987
Second Reading April 14 ~ 1987
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