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39-87 ORDINANCE NO. 39-87 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 30-15.4 "MIC (MIXED INDUSTRIAL AND COMMERCIAL) DISTRICT", SUBSECTION (B), "PERMITTED USES", (3) "MANUFACTURING USES" BY ADDING "AWNINGS" AND "GARDEN STATUARY, POTTERY, LAWN TABLES AND SMALL CONCRETE PRODUCTS" AS PERMITTED USES; BY AMENDING SUBSECTION (B), "PERMITTED USES", (4) "WHOLESALE TRADE" BY ADDING "AND APPLIANCES" TO (c), BY ADDING "AND NURSERIES" TO (f), AND BY ADDING "SEASONAL HOLIDAY GOODS" AS A PERMITTED USE; BY AMENDING SUBSECTION (B), "PERMITTED USES", (7) "RETAIL TRADE (AS AN ACCESSORY USE NOT TO EXCEED 25% OF THE TOTAL FLOOR AREA)" BY ADDING "SEASONAL HOLIDAY ITEMS (CHRISTMAS TREES, FRUIT BASKETS, OTHER SEASONAL ITEMS)" AS A PERMITTED USE; AND PROVIDING FOR RELETTERING THEREOF; BY AMENDING SECTION 30-15.4 "MIC (MIXED INDUSTRIAL AND COMMERCIAL) DISTRICT", SUBSECTION (C), "CONDITIONAL USES" BY ADDING "CONTRACTORS, INCLUDING STORAGE YARDS IN REAR YARDS, SCREENED FROM VIEW FROM ADJACENT PROPERTIES AND ANY PUBLIC RIGHTS-OF-WAY ACCORDING TO REQUIREMENTS WHICH MAY BE SPECIFIED BY THE PLANNING AND ZONING BOARD AND THE COMMUNITY APPEARANCE BOARD" AS A CONDITIONAL USE; AND PROVIDING FOR RENUMBERING THEREOF; 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", Section 30-15.4 "MIC (Mixed Industrial and Commercial) District", Subsection (B) "Permitted Uses" of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended and relettered to read as follows: (B) PERMITTED USES All developments shall be subject to Section 30-22 Site and Development Plan Approval. (1) General Contractors and Operative Builders - administrative and auxiliary (2) Special Trade Contractors - administrative and auxiliary (3) Manufacturing Uses (a) Apparel and other textile products (b) Awnings +b~ (c) Bakeries +e~ (d) Bottled and canned soft drinks +~+ (e) Commercial printing +e~ (f) Electronic components and accessories +~ (g) Engineering and scientific instruments %~+ (h.) Furniture and fixtures (i) Garden statuary, pottery, lawn tables and small concrete products +h~ (j) Greeting card publishing +~ (k) Leather goods and products +9~ (1) Manifold business forms +~+ (m). Measuring and controlling devices +~ .(n~ Medical instruments and supplies %m~ (o) Office and computing machines +~ (p) Optical instruments and lenses ~ (q) Printing trade services ~D~ (r) Radio and TV receiving equipment +~ (s) Toys and sporting goods (4) Wholesale Trade (a) Apparel, piece goods and notions (b) Drugs, proprietaries and sundries (c) Electrical goods and appliances (d) Feed stores (e) Furniture and home furnishings (f) Greenhouses and nurseries (g) Hardware, plumbing and heating equipment (h) Jewelry, watches and precious stones (i) Lumber and construction materials (j) Paper and paper products (k) Professional equipment and supplies (1) Seasonal holiday goods ~ (m) Sporting goods, toys and hobby goods (5) Finance, Insurance and Real Estate Services (6) Business and Professional Services (a) Accounting and bookkeeping services (b) Advertising services (c) Architectural and engineering services (d) Computer and data processing services (e) Correspondence and vocational schools (f) Credit reporting and collection (g) Detective and protective services (h) Legal services (i) Mailing, reproduction and stenographic services (j) Management and public relations (k) News syndicates (1) Personnel supply services (m) Services to buildings (7) Retail Trade (as an accessory use not to exceed 25% of the total floor area) (a) Apparel and accessory stores (b) Bakeries (c} Building materials and garden supplies, except mobile home dealers (d) Camera and photographic equipment and supplies (e) Furniture and home furnishings, including appliances (f) Hobbies, games and toys (g) Jewelry, gifts, novelties (h) Luggage and leather goods (i) Mail order houses (j) Radio and television sets (k) Seasonal holiday items (Christmas trees, fruit baskets, other seasonal items) +k} (1) Sporting goods, including bicycles -2- Ord. No. 39-87 Section 2. That Chapter 30, "Zoning", Section 30-15.4 "MIC (Mixed Industrial and Commercial) District", Subsection (C) "Conditional Uses" of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended and renumbered to read as follows: (C) CONDITIONAL USES As prescribed in Sec. 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, morals, prosperity and safety of the City, the following uses may be recomm£nde~ to the City Council as Conditional Uses: (1) Communication and transmission facilities (2). Contractors, includin~ storage yards in rear yards, screened from view from adjacent properties and any public rights-of-way according to requirements which may be specified by the Planning and Zoning Board and the Community Appearance Board +~ (3) Hotels and Motels %~ (4) Laundry and dry cleaning plants +43 .(5) Public utilities +~ (6) Restaurants and cafes %6~ (7) Retail uses as accessory uses to other uses, not to exceed thirty-five percent (35%) of the total floor area +~ (8) Upholstery shops, furniture repair Section 3. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. 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 this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 28th day of April , 1987. MAYOR ATTEST: First Reading April 14, 1987 Second Reading April 28, 1987 -3- Ord. No. 39-87