64-87 ORDINANCE NO. 64-87
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" BY
REPEALING SUBSECTION (A), "PURPOSE", IN ITS
ENTIRETY, AND ENACTING A NEW SUBSECTION (A),
"PURPOSE", TO SET FORTH THE PURPOSE OF THE
ZONING DISTRICT; BY REPEALING SUBSECTION (B),
"PERMITTED USES", IN ITS ENTIRETY, AND
ENACTING A NEW SUBSECTION (B), "PERMITTED
USES", TO SET FORTH THOSE USES ALLOWED AS
PERMITTED USES WITHIN THE ZONING DISTRICT; BY
REPEALING SUBSECTION (C), "CONDITIONAL USES",
IN ITS ENTIRETY, AND ENACTING A NEW
SUBSECTION (C), "CONDITIONAL USES", TO SET
FORTH THOSE USES ALLOWED AS CONDITIONAL USES
WITHIN THE ZONING DISTRICT; BY AMENDING
SUBSECTION (N), "SPECIAL REGULATIONS", (1) BY
"- AND
DELETING THE PHRASE "AND STORAGE, ,
FURTHER AMENDING SUBSECTION (N), "SPECIAL
REGULATIONS", BY ADDING A SUBPARAGRAPH (7) TO
PROVIDE FOR THE LOCATION AND REGULATION OF
OUTSIDE STORAGE IN THE DISTRICT, AND BY
ADDING A SUBPARAGRAPH (8) TO REQUIRE THAT
EACH BUILDING SHALL HAVE AT LEAST FIFTY
PERCENT (50%) OF ITS FLOOR AREA SET ASIDE,
OR USED FOR, INDUSTRIAL PURPOSES/USES;
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 (A)
"Purpose" of the Code of Ordinances of the City of Delra¥ Beach,
Florida, be, and the same is hereby repealed in its entirety, and
a new Subsection (A) "Purpose", be, and the same is · hereby
enacted to read as follows:
(A) PURPOSE
The MIC zoning district has been created to
provide an area for a mix of industrial,
commercial, and office uses within a single
zoning district. The primary use of property
zoned MIC is to be industrial (manufacturing,
wholesale, repair). Office and retail uses
are appropriate, but only when within a
building which also includes industrial uses.
The MIC zoning district should be located
within areas designated for the primary use
-- industrial -- on the Land Use Plan, and
are most appropriate where they abut major
roadways and/or locations with high
visibility.
Section 2. 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 Delra¥
Beach, Florida, be, and the same is hereby repealed in its
entirety, and a new Subsection (B) "Permitted Uses", be, and the
same is hereby enacted to read as follows:
(B) PERMITTED USES
All developments shall be subject to Section
30-22 Site and Development Plan Approval.
(1) General and Special Trade Contractors
(2) Industrial Uses
The manufacturing, repair, and wholesale
of items and uses as permitted at
Section 30-14(B).
(3) Finance, Insurance and Real Estate
Services
Finance, Insurance and Real Estate
Services as a secondary use within any
one building, but only to the extent
that the floor area for the named uses
(either accessory to an industrial use
or not) shall not exceed twenty-five
percent (25%) of the floor area of the
total building.
(4) Business Services
Business Services as a secondary use
within any one building, but only to the
extent that the floor area for all
office use (either accessory to an
industrial use or not) shall not exceed
twenty-five percent (25%) of the floor
area of the total building. Such uses
shall include, but not be limite~ to:
(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) Lunch counters, cafeterias, for
occupants of the buildings,
employees and guests
(j) M&~ling, reproduction, stenographic
services
(k) Management and public relations
(1) News syndicates
(m) Personnel supply services
(n) Services to buildings
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(5) Retail Trade
Retail uses as a secondary use within
any one building, but only to the extent
that the floor area for all retail use
(either accessory to an industrial use
or not) shall not exceed twenty-five
percent (25%) of the floor area of the
total building. Although an intent of
this zoning district is to allow
retailing of items manufactured,
repaired, or wholesaled on-site,
additional retail uses may be allowed.
Such additional uses may include, but
are not limited to:
(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)
(1) Sporting goods, including bicycles
Section 3. 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 repealed in its
entirety, and a new Subsection (C) "Conditional Uses", be, and
the same is hereby enacted to read as follows:
(C) CONDITIONAL USES
As prescribed in Section 30-21 and after the
review of the application and plans
appurtenant thereto, and hearing thereon, the
PlanPing and Zoning Board finds as a fact
that the proposed use or uses are consistent
with good zoning practice, not co~%trary to
the ~.aster Plan, and not detriment%l 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 recommended
to the City Council as Conditional Uses:
(1) Communication and transmission
facilities
(2) Laundry and dry cleaning plants
(3) Public utilities
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Section 4. That Chapter 30, "Zoning", Section 30-15.4
"MIC (Mixed Industrial and Commercial) District", Subsection (N)
"Special Regulations" of the Code of Ordinances of the City of
Delray Beach, Florida, be, and the same is hereby amended to read
as follows:
(N) SPECIAL REGULATIONS
(1) All operations shall be conducted wholly
within a completely enclosed building,
except for off-street loading,
automobile and truck parking, ~
s~e~&§e? when screened from view in
conformance with Section 30-17(I).
(2) Loading and unloading shall be
restricted to the rear and side yards
and shall be prohibited within the front
yard setbacks.
(3) Artificial lighting 'used to illuminate
the premises shall be directed away from
adjacent properties.
(4) Within the twenty-five (25) foot front
setback, the first ten (10) feet
abutting the street right-of-way shall
be used as a landscaped area. Within
this landscaped area, no paving shall be
allowed except for driveways and
walkways leading to a structure on the
premises. Such driveways and walkways
shall be allowed only when points of
ingress and egress are generally
perpendicular to the property line.
(5) Where a parcel of land 'zoned MIC Mixed
Industrial and Commercial District abuts
a residential district with or without
an intervening alley, a landscaped
buffer shall be provided along rear or
side lot lines, said buffer to be at
least fifteen (15) feet wide at right
angles to the lot line and established
along the entire length and contiguous
to lot lines.
(6) Overhead and garage doors shall be
prohibit¢~d from facing a public
right-or-.way.
(7) Outside ~.torage may be allowed only in
rear yards and then only when screened
from view from adjacent properties and
any public rights-of-way pursuant to
requirements which may be specified by
the Planning and Zoning Board and the
Community Appearance Board and as
otherwise requlated by Section 30-17{I).
(8) Each building shall have at least fifty
percent (50%) of its floor area set
aside, or used for, industrial
purposes/uses.
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Section 5. That all ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
Section 6. 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 7. 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 25th day of .August , 1987.
ATTEST:
First Reading August 11, 1987
Second Reading August 25, 1987
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