61-86 VOID
ORDINANCE NO. 61-86
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 30-12 "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, BOAT SALES, RECREATION VEHICLE
SALES, TRUCK RENTAL, AND TRUCK SALES; BY AMENDING
SECTION 30-18 "OFF-STREET PARKING REGULATIONS", (D)
"PARKING REQUIREMENTS", (4) "MISCELLANEOUS USES" BY
ADDING PARKING REQUIREMENTS FOR AUTOMOTIVE SALES,
AUTOMOTIVE RENTAL AGENCIES, BOAT SALES, 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:
(5) Qesi~n standards and use restrictions relating to
automotive rental agencies, automotive sales, boat sales,
recreation vehicle sales, truck rental, and truck sales.
(A) New development '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 existing
sites whenever such sites or buildings thereon are
proposed for expansion or additional development in a
cumulative amount from the time of adoption of these
regulations equal to 25% or more of the site area or
25% or more of the building area which was in
existence at the time of adoption of these reg-
ulations. If the expansion is less than 25% of the
site area or less than 25% 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.
(1) Minimum lot dimensions and site area:
(a) Frontage - 125 Feet. The front of the lot
will be deemed to be Federal Highway US 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
upon recommendation of 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. Pro-
vided, 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 or sale of boats:
(a) Such areas must be separated from all
adjacent streets by a hedge or berm at least
3 feet high and trees planted at least 40
feet on center. Provided, however, that the
hedge may be planted at such location that
at least 24" of the hedge is above the
finished grade of the adjacent parking area.
(b) Such areas must be separated from all res-
idential districts, whether or not separated
by a street or alley, except for an arterial
roadway, by a 6 foot high, solid masonry
wall with decorative finished surfaces
(e.g., stuccoed and capped) on both sides.
(c) The outdoor display area shall not be
located closer to any arterial roadway than
the greater distance of 10 feet or ten
percent (10%) of the average depth of the
property, not to exceed 30 feet. Provided,
however, that in the case of double arterial
frontage lots, the above requirements may be
reduced to the greater distance of 10 feet
or 7% of the average depth of the property,
not to exceed 20 feet, along each arterial
frontage. Further, the City Council
following recommendation of the Planning and
Zoning Board may reduce the landscape
requirement of this subsection to no less
than 10 feet where a significant hardship
can be proven on exiting sites or additions
to existing sites.
(d) If the outdoor display area is located
adjacent to any other street, or adjacent to
an alley which separates it from a res-
idential district, then the display area
shall not be located closer than 10 feet
from such street or alley.
(e) The area between the display area and any
right-of-way shall be landscaped. Within
this landscaped area, no paving, structures
or walls shall be allowed except for
driveways and walkways leading to a
structure on the premises. Such driveways
and walkways shall be allowed only when
generally perpendicular to the property
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line. Provided, however, that walls may be
allowed to within 5 feet of any alley.
Signs however, may be located in accordance
with other provisions contained in the
Zoning and Sign Codes.
(f) The outdoor display area shall be designed
and constructed in accordance with Section
30-18 of the~Code of Ordinances. Provided,
however that automobile dealers or leasing
establishments which sell or lease at least
50% of its stock as compact cars, may design
up to 50% of its outdoor display area in
accordance with the compact 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 stops. This type of parking is
called bullpen parking.
(b) Wherever reasonably possible as determined
by the City, bullpen areas shall be
separated from a street by an outdoor
display area, customer or employee parking
area, or a building.
(¢) Landscaping strips and landscaped islands
internal to the bullpen parking area are not
required; provided, however, that the ten
percent (10%) interior landscaping require-
ment shall be met by transferring the re-
quired landscaping to the perimeter of the
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 spaces per 1,000 square
feet of total building area except indoor
display area shall be provided for
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customers, employees and outdoor display.
Of this number, at least 1.5 spaces per
service bay in the repair area and 2 spaces
per 1000 square feet of all other floor area
except indoor display area shall be
specifically designated for customer and
employee parking. The remainder may be
designated for display parking.
(5) Accessory uses:
(a) Repair facilities, sales of parts, and
paint and body shops may be provided 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 or public street unless it can be
demonstrated to the City that it is not
feasible to comply.
(b) Accessory fuel pump islands and automated
wash facilities for vehicles or boats 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 appro-
priateness of building materials and colors
with surrounding developments and
consistency with community values for the
area.
(7) General restrictions on use and operation:
(a) Except for automobiles, trucks, pick-up
trucks, vans, jeeps, recreation vehicles and
boats, 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
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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 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 or boats 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.
(e) Exterior lighting shall not exceed 25 feet
in height, shall be directed away from
adjacent properties and shall be of the
sharp cut-off, photometric type, confine
light to the site only, and shall not
exceed, when measured 10 feet inside any
property line, the following illumination:
(a) 100 lumens within display areas; and
(b) 40 lumens within all other areas.
(B) Existing development.
All existing 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 window as may be permitted
by the City Sign Code.
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, boat sales, 1,000 square feet of
recreation vehicle sales, total building area, ex-
truck rental, and truck cept indoor display area,
sales, including approved shall be provided for
accessory uses customers, employees and
outdoor display. Of this
number, at least 1.5
spaces per service bay in
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the repair area and 2
spaces per 1,000 square
feet of all other floor
area except indoor dis-
play shall be specifical-
ly designated for cus-
tomer and employee park-
ing. 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, automobile sales and display,
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 be 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 upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1986.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
VOID
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