42-86 ORDINANCE NO. 42-86
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 30-1 "DEFINITIONS" BY ADDING A
DEFINITION OF TOWING SERVICES AND ATTENDANT STORAGE
FACILITIES; AMENDING SECTION 30-17 "SUPPLEMENTARY
REGULATIONS" BY ENACTING A NEW SUBSECTION (W) "TOWING
SERVICES AND ATTENDANT STORAGE FACILITIES", PROVIDING
PARKING, SCREENING AND LANDSCAPING; AMENDING SECTION
30-14 "LI (LIGHT INDUSTRIAL) DISTRICT", (C) "CONDITIONAL
USES" AND SECTION 30-15 "MI (MEDIUM INDUSTRIAL)
DISTRICT", (C) "CONDITIONAL USES" BY ADDING AS A
CONDITIONAL USE "TOWING SERVICES AND ATTENDANT STORAGE
FACILITIES, SUBJECT TO SEC. 30-17 (W); AMENDING SECTION
30-15 "MI (MEDIUM INDUSTRIAL) DISTRICT", (B) "PERMITTED
USES" TO DELETE "AUTOMOBILE AND PARTS FACILITIES OR
YARDS, EXCLUDING NEW OR USED CAR SALES"; AMENDING SECTION
30-1 "DEFINITIONS" TO DELETE "USED CAR JUNKYARD";
AMENDING SECTION 30-1 "DEFINITIONS" BY ADDING A
DEFINITION OF JUNKYARD; AMENDING SECTION 30-15 "MI
(MEDIUM INDUSTRIAL) DISTRICT", (C) "CONDITIONAL USES" BY
ADDING AS A CONDITIONAL USE "JUNKYARDS, SUBJECT TO
CHAPTER 14, ARTICLE II, CITY CODE OF ORDINANCES";
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 30-1
"Definitions" of the Code of Ordinances of the City of Delray Beach,
Florida, is hereby amended by adding the following:
Towing Services and Attendant Storage Facilities. A
business whose primary service is the towing and storage
of motor vehicles, and does not include the towing of
motor vehicles incidental to an automobile repair facil-
ity. Motor vehicles meeting the definition of abandoned
or inoperable per Delray Beach Code of Ordinances,
Chapter 14, Article I, Section 14-2 (a) must be turned
over to a licensed junkyard within seventy-two (72) hours
un!e~ housed w~thJn an ~nc!o~ed bu~!~.~g~
Section 2. That Chapter 30 "Zoning", Section 30-17
"Supplementary Regulations" of the Code of Ordinances of the City of
Delray Beach, Florida, is hereby amended by adding a new subsection to
read as follows:
(W) TOWING SERVICES AND ATTENDANT STORAGE FACILITIES
In addition to the requirements of Section 30-21,
the following regulations shall apply:
(1) Parking. A minimum of six (6) parking spaces
for public and employee use will be required.
No additional parking will be required for the
square footage of buildings used for enclosed
motor vehicle storage.
(2) Screening and Landscaping. Outside motor
vehicle storage must be entirely surrounded by
a fence or wall, a minimum of six (6) feet in
height, and vision obscuring gates.
(a) Along the front, the fence or wall must be
placed along the interior perimeter of the
required ten (10) foot landscape strip,
with shade trees every twenty-five (25)
lineal feet in addition to hedging, and
sod to the edge of pavement of the
adjacent right-of-way.
(b) Along all other perimeters, the six (6)
foot high fence or wall will be set on the
property line, with a ten (10) foot by ten
(10) foot curbed planting island every
forty (40) lineal feet abutting the
interior of the wall, with one shade tree
a minimum of twelve (12) feet in height
with a six (6) foot spread for each
planting area, as well as sod or
groundcover.
(c) Ail landscaped areas to have one hundred
percent (100%) irrigation coverage, with
the water to be from a source other than
City water.
(d) Ail landscaped areas will be maintained in
compliance with Delray Beach Code of
Ordinances, Chapter 9, Article X, Section
9-378(b).
Section 3. That Chapter 30 "Zoning", Section 30-14 "LI (Light
Industrial) District", (C) "Conditional Uses" of the Code of Ordinances
of the City of Delray Beach, Florida, is hereby amended by adding the
following as a conditional use:
Towing services and attendant storage facilities, subject
to Sec. 30-17(W)
Section 4. That Chapter 30 "Zoning", Section 30-15 "MI (Medium
Industrial) District", (C) "Conditional Uses" of the Code of Ordinances
of the City of Delray Beach, Florida, is hereby amended by adding the
following as a conditional use:
Towing services and attendant storage facilities, subject
to Sec. 30-17(W)
Section 5. That Chapter 30 "Zoning", Section 30-15 "MI (Medium
Industrial) District", (B) "Permitted Uses" of the Code of Ordinances of
the City of Delray Beach, Florida, is hereby amended by deleting the
following as a permitted use:
Automobile and parts facilities or yards, excluding new
or used car sales
Section 6. That Chapter 30 "Zoning", Section 30-1
"Definitions" of the Code of Ordinances of the City of Delray Beach,
Florida, is hereby amended by deleting the definition of "Used Car
Junkyard s" .
Section 7. That Chapter 30 "Zoning", Section 30-1
"Definitions" of the Code of Ordinances of the City of Delray Beach,
Florida, is hereby amended by adding the following:
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Junkyard. An establishment or place of business which is
maintained or operated for the use of storing, keeping,
buying or selling such junk, or for the maintenance or
operation of an automobile graveyard. Automobile
graveyard shall mean an establishment or place of
business which is maintained or operated for the use of
storing, keeping, buying or selling wrecked, scrapped,
ruined or dismantled motor vehicles or motor vehicle
parts; provided, however, that this definition does not
include nor apply to businesses which solely sell
automotive parts and accessories.
Section 8. That Chapter 30 "Zoning", Section 30-15 "MI (Medium
Industrial) District", (C) "Conditional Uses" of the Code of Ordinances
of the City of Deiray Beach, Florida, is hereby amended by adding the
following as a conditional use:
Junkyards, subject to Chapter 14, Article II,· City Code
of Ordinances.
Section 9. That all ordinances or parts of ordinances in
conflict herewith be and the same are hereby repealed.
Section 10. 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 11. That this ordinance shall bec6me effective ten
days after passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 22nd day of July , 1986.
MAYOR
ATTEST:
~ City C~erk
First Reading June 10, 1986
Second Reading July 22, 1986
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