14-97 FAILED ON. FIRST READING - 3/18/97
ORDINANCE NO. 14- 9 7
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.13,
"CENTRAL BUSINESS (CBD) DISTRICT," SUBSECTION (D),
"CONDITIONAL USES AND STRUCTURES ALLOWED," OF THE
LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, TO PROVIDE FOR MOPED/MOTOR SCOOTER RENTALS
AS A CONDITIONAL USE; ENACTING A NEW SUBSECTION
4.3.3(A), "MOPED/MOTOR SCOOTER RENTALS," TO PROVIDE
FOR THE PROHIBITION ON OUTSIDE STORAGE OF MOPEDS, A
LIMITATION ON ON-SITE SERVICE, A LIMITATION ON OUTSIDE
DISPLAYS, AND THE PROHIBITION OF PROPOSED MOPED
RENTAL BUSINESSES WITHIN 1000 FEET OF EXISTING MOPED
RENTAL BUSINESSES; AMENDING APPENDIX (A),
"DEFINITIONS," OF THE LAND DEVELOPMENT REGULATIONS
OF THE CITY OF DELRAY BEACH, TO PROVIDE FOR THE
DEFINITION OF "MOPED/MOTOR SCOOTER"; PROVIDING A
SAVINGS CLAUSE; A GENERAL REPEALER CLAUSE; AND AN
EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board has reviewed the
subject matter of this ordinance, and has forwarded the change with a recommendation of approval; and
WHEREAS, pursuant to Florida Statute §163.3174(4)(c), the Planning and Zoning Board, sitting
as the local planning agency, has determined that the ordinance is consistent with and furthers the
objectives and policies of the comprehensive plan; and
WHEREAS, during the past three years, the City of Delray Beach has experienced a tremendous
growth of businesses within its Central Business District; and
WHEREAS, currently there are no regulations concerning moped/motor scooter rentals; and
WHEREAS, the City Commission finds that in order to allow moped/motor scooter rentals, there
is a ne~ to adopt regulations governing the rental of moped/motor scooter rentals within the City; and
WHEREAS, the City Commission finds that such regulations governing the rental of .
moped/motor scooter rentals will serve to promote the safety and welfare of the citizens of Delray
Beach, and serve to promote the aesthetics of the City of Delray Beach.
FAILED ON FIRST READING - 3/18/97
TO: DAVID T. HARDEN, CiTY MANAGER
SUBJECT: MEETING OF MARCH 18, 1997
CONSIDERATION OF AN AMENDMENT TO LDR SECTION
4.4.13(D) [CENTRAL BUSINESS DISTRICT], TO ALLOW
MOPED RENTALS AS A CONDITIONAL USE.
The action before the City Commission is that of approval of an
LDR text amendment to Section 4.4.13(D), Central Business
District (CBD), Conditional Uses and Structures Allowed, which
would allow moped/motor scooter rentals as a conditional use, and
add related provisions to Section 4.3.3 (.Special Requirements for
Specific Uses) and Appendix A (Definitions).
This amendment has been requested by Allen Tate, AIA Bike Rental Inc., to
allow the rental of bicycles and mopeds at the old Hertz building, located east of
the Intracoastal Waterway on the north side of Atlantic Avenue, which is in the
CBD zoning district. Moped rentals are not listed in the CBD regulations as a
permitted use.
At its meeting of December 18, 1996, the Planning and Zoning Board initiated a
text amendment to allow moped/motor scooter rentals in the CBD zoning district
as a conditional use. At its meeting of January 27, 1997, the Planning and
Zoning Board reviewed the proposed text amendment. The Board discussed the
proposal and suggested clarification be provided regarding the definition of
mopeds and motor scooters; that a distance criteria be considered to prevent the
proliferation of moped rentals throughout the CBD; and that moped rentals be
City Commission Documentation
Meeting of March 18, 1997
Moped Rentals in the CBD - LDR Text Amendment
Page 2
considered as an accessory use to the primary use of bicycle sales/rentals. After
lengthy discussion, the Board continued the item to the February 24th meeting.
Additional background and an analysis of the request is found in the attached
Planning and Zoning Board staff report.
The Planning and Zoning Board held a public hearing regarding this item at its
meeting of February 24, 1997. There was public testimony in opposition to the
request. One member of the public stated that if the Board recommends
approval, they should limit the number of moped/motor scooters available for
rent at any one location; rentals should include safety helmets for drivers and
passengers; renters must have a valid driver's license; and there should not be
rentals to minors. After discussing the text amendment, the Board voted 5-0
(McCarthy and Schmidt absent) to recommend to the City Commission that LDR
Section 4.4.13(D) (Conditional Uses and Structures Allowed) be amended to
include moped/motor scooter rentals as a conditional use, and add related
provisions to Section 4.3.3 (Special Requirements for Specific Uses) to include
restrictions regarding moped/motor scooter rentals, including safety helmets and
a valid driver's license, and to amend Appendix "A" (Definitions) to provide for a
definition of moped/motor scooter as found in the staff report. With regard to the
provision requiring renters to have a valid driver's license, as State Statutes do
not specify that a driver's license is necessary to operate a moped/motor
scooter, the City cannot impose that requirement, and therefore, this item has
not been included in the attached proposed ordinance.
By motion, approve on first reading a text amendment to LDR Section 4.4.13(D)
(Conditional Uses and Structures Allowed) to include moped/motor scooter
rentals as a conditional use, and add related provisions to Section 4.3.3 (Special
Requirements for Specific Uses) to include restrictions regarding moped/motor
scooter rentals, and to amend Appendix A (Definitions) to provide for a definition
of moped/motor scooter, and setting a public hearing date of April 1, 1997.
Attachments:
· P&Z Staff Report and Documentation of January 27, and February 24, 1997
· Ordinance by Others
MEETING DATE: JANUARY 27, 1997
AGENDA ITEM: V.A -AMENDMENT TO LDR SECTION 4.4.'13(D)
[CENTRAL BUSINESS DISTRICT], TO ALLOW MOPED
RENTALS AS A CONDITIONAL USE.
~ ::::::::::::::::::::::::::: ~ : .~:: · .. : . ~ .::~ ~:~:~ .' : · ~×:~.~:~:~::~i:~[~:?~:~:.<;~::~::~.~!:~:~:~::!:~.~ .'..~:~.".~iF:~:.:::<~:
The item before the Board is that of making a recommendation to the City
Commission regarding an LDR text amendment to Section 4.4.13(D), Central
Business District (CBD), Conditional Uses and Structures Allowed, which would
allow moped/motor scooter rentals as a conditional use, and add related
provisions to Section 4.3.3 (Special Requirements for Specific Uses) and
Appendix 'A (Definitions).
Pursuant to Section 1.1.6, an amendment to the text of the Land Development
Regulations may not be made until a recommendation is obtained from the
Planning and Zoning Board.
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This amendment has been requested by Allen Tate, AIA Bike Rental Inc., to allow the
rental of bicycles and mopeds at the old Hertz building, located east of the Intracoastal
Waterway on the north side of Atlantic Avenue, which is in the CBD zoning district.
While bicycle sales and rentals are permitted uses in the CBD, moped rentals fall into a
different classification of vehicle and are not listed as a permitted use.
At its meeting of December 18, 1996, the Planning and Zoning Board initiated a text
amendment to allow moped/motor scooter rentals in the CBD zoning district as a
conditional use.
The proposed use is one that would primarily cater to tourists in the downtown area and
should be considered as either a permitted or conditional use in the CBD zone district.
P & Z Board Memorandum Staff Report
LDR Text Amendment - Moped Rentals as a Conditional Use in the CBD Zone District
Page 2
It seems more appropriate to allow moped rentals as a conditional use as it may be
appropriate to attach various conditions to the approval
^ number of municipalities were contacted including Key West, Miami [leach, St.
^ugustine, Sanibel, Ft./auderdale, Orlando regarding moped rentals. The majority of
municipalities allow moped rentals only as a conditiona~ use while some allow moped
rentals as a permitted use in commercial zoning districts wh}ch allow auto related uses.
Gurrently, a moped rental operation could be established in the AG (Automotive
Commercial) zone district, however, most of the AC zoned property is somewhat
removed from the downtown and beach areas which is the destination of most visitors.
While the vehicles are regulated by the Department of Highway Safety and Motor
Vehicles, rental operations are not. Thus, some limitations on the intensity of the use
should be provided through provisions found in LDR Section 4.3.3 (Special
Requirements for Specific Uses). There are concerns with on-site repair of the vehicles
other than tire and minor repairs. Cleaning of vehicles should be limited to an enclosed
area with a proper drainage system which accommodates an oil separator. However,
the storage of fuel and is inappropriate. The requirements of LDR 4.3.3 would provide
for limitations on outdoor display, and restrictions on outdoor storage, storage of fuel,
and maintenance of vehicles.
While concerns have been expressed with regard to the noise generated by these
vehicles, it is less than most automobiles and trucks, and is far less than that generated
by motorcycles. The vehicle's motor is generally quiet with the only noticeable noise
created by the vehicle's horn and when the vehicle is accelerated.
Community Redevelopment Agency
At its meeting of'January 23, 1997, the CRA recommended approval of the proposed
text amendment.
Downtown Development Authority
At its meeting of January 15, 1997, the DDA recommended approval of the proposed
text amendment.
Courtesy and Public Notices:
i) A special courtesy notice was provided to the following civic and homeowners
" associations:
P & Z Board Memorandum Staff Report
LDR Text Amendment - Moped Rentals as a 'Conditional Use in the CBD Zone District
Page 3
· Beach Property Owners
Letters of objection and support, if any, will be presented at the Planning and Zoning
Board meeting.
By motion, recommend to the City Commission that LDR Section 4.4.13(D) (Conditional
Uses and Structures Allowed) be amended to include moped rentals as a conditional
use, and add related provisions to Section 4.3.3 (Special Requirements for Specific
Uses) to include restrictions regarding moped rentals and Appendix A (Definitions) to
provide for a definition of moped.
Attachment:
· Proposed Ordinance
TO: PLANNING AND ZONING BOARD MEMBERS
FROM: JEFFREY A. COSTELLO
SENIOR PLANNER
MEETING OF: FEBRUARY 24, 1997
AGENDA ITEM: IV.A - AMENDMENT TO LDR SECTION 4.4.13(D) [CENTRAL
BUSINESS DISTRICT], TO ALLOW MOPED/MOTOR SCOOTER
RENTALS AS A CONDITIONAL USE.
At its rneeting of January 27, 1997, the Planning and Zoning Board reviewed the
proposed text amendment. The Board discussed the proposal and suggested
clarification be provided regarding the definition of mopeds and motor scooters; that a
distance criteria be considered to prevent the proliferation of moped rentals throughout
the CBD; and that moped rentals be considered as an accessory use to the primary use
of bicycle sales/rentals. After lengthy discussion, the Board continued the item to their
February 24th meeting. The following is an analysis of the Board's comments and
recommendations:
· With regard to the definition, Flodda Statutes only defines mopeds and motorcycles.
The primary difference is that mopeds may include an internal combustion engine
with a displacement of not more than 50 cubic centimeters, or 50cc. If the vehicle
displaces more than 50cc, it is then classified as a motorcycle. Thus, the style of
vehicles referred to as "scooters", would be classified as a moped if it had an engine
of 50cc or less and a motorcycle, if the engine is greater than 50cc. For the City's
definition purposes, motor scooters and mopeds will be interchangeable.
· Location or distance restrictions may be included to prevent the proliferation of
moped/scooter rentals through the CBD. It may be appropriate to require a
minimum 1,000 feet between properties containing moped/scooter rentals
businesses. This would prevent more than two businesses within the same block
and would restrict the establishment of a business within every block along Atlantic
Avenue.
· Consideration has been given to allowing moped/motor scooter rentals only as an
accessory use to a bicycle rental business and has been incorporated into the text
amendment. The use would require conditional use approval whereby additional
To: P & Z Board Members
Re: LDR Text Amendment - Moped/Motor Scooter Rentals as a Conditional Use in the CBD Zone District
Page 2
conditions could be imposed. The proposed amendment would not allow stand-
alone moped/motor scooter rental businesses in the CBD.
Attached is a copy of the proposed ordinance based upon the Board's
recommendations. Additional analysis of the LDR text amendment is found in the
attached Planning and Zoning Board Staff Report of January 27, 1997.
Attachments:
· Proposed Ordinance
· Planning and Zoning Board Staff Report of January 27, 1997
Some topics to consider in opposition to the moped ordinance:
Safety: "Safety nightmare" on the roads. Moped drivers do not observe speed limits, local
ordinances or signs. They drive too fast, too slow or recklessly. They are rented to people who
have never been on one before. If rented by the day or week, they can be ridden at night when they
are very hard to see. (The proposal is to rent them by the hour, day or week.)
Parking: Moped rentals are a parking nuisance. They will park on the sidewalks and private
property; in front of parking meters or in areas marked off for no parking or standing; and
anywhere they stop, they park.
Noise: They are a noise nuisance. They are too loud, especially when there are more than one.
They are often rented in groups - to a group of individuals or to two couples. You cannot restrict
where they ride, so they will ride in quiet residential neighborhoods. If rented by the day or week,
they can be ridden at any hour, including late at night.
Competition and congestion: They will compete with roller bladers, skate boarders, bicyclists,
joggers, and walkers in the beach area. They will also compete with even more and more cars and
trucks at the beach as the hotel expands. The five-story hotel addition will have 100 rooms, and the
following will be included in the one story addition: two (2) banquest rooms, a large ballroom,
lobby, atrium court, restaurant and lounge. We need to be careful about what we add to the beach
area. If the congestion gets bad enough, no one - not tourist or resident - will be able to enjoy it.
Minors will drive them: Even though the ordinance says that the renter has to have a driver's
license, older friends or relatives (e.g., an older brother) will rent the mopeds so that a minor will
be able to use it. Dangerous for the minor and dangerous for everyone else since they can be so
reckless and they are completely inexperienced drivers.
Negative impact on residential neighborhoods: These will driven on the residential sidestreets
throughout the community. They will disturb the peace and quiet. Travelling often in groups, they
pull up in front of homes and park in order to get a better look. This will be a particular problem
for historic homes or those with outstanding architecture or landscaping. For example, they will
pull over to look at trees and other vegetation in front yards. This will also be an issue for
Gulfstream.
Security issues: The use of rental mopeds means easier access to residential neighborhoods to
"check them out" or slip into homes to take purses, money or jewelry. This is an issue not only for
Delray neighborhoods but also for Gulfstream.
Negative impact on the businesses at the beach: The retail at the beach is a fun mix of stores,
including some high-end retail (for example, Mark, Fore and Strikes's flagship store; Frances
Brewster with another location on Worth Avenue; Snappy Turtle with a sister store in
Kennebunkport; Nina Raynor with couture showings; Kientsky who advertises nationally in
magazines such as Vogue and Town and Country, to name a few). Moped rentals cheapens the
area and jeopardizes these types of businesses from continuing to be here in Delray.
Village by the Sea: According to the Comprehensive Plan, we visualize ourselves as the "village
by the sea." This proposed ordinance does support that type of ambiance. We are a residential-
based resort town. Let's not destroy what we have.
NO MOPEDS
THE TOWN OF DELRAY IS CONSIDERING
MOPED RENTALS.
ON BLOCK ISLAND, RI, THE ONLY DOCTOR
RESIGNED LAST YEAR BECAUSE
EIGHTY PERCENT
OF HIS PATIENTS WERE VICTIMS OF
MOPED ACCIDENTS!
EIGHTY PERCENT!! Neeed we tell of the 7-month
pregnant mother !osin9 her baby? Or a brain-damaged
teen-ager?
Consider the consequences: Think of our children, our
seniors, hospitals,
doctors and police- our LAWSUITS!
NO MOPEDS!
PLEASE speak up about this. Write to: or call: 243 7000
Mayor Jay Aleprin
City Hall, 100 NW 1st, Delray Beach, 33444
with copies to Commissioners(City Hall will make copies):
Randolph, Egan, Ellingsworth, Kiselewski, Schmidt.
FAX our Town Manager at 243 7166 with copies to the
CommissiOners.
THANK YOU. ~
FEB-l~-1'9'97 12: ~:::"F'P'I FIROH TO ~3~.9545709~398 P. 0~
YAMAHA MOTOI:I. CORPOI~ATION, U.S.A.
6555 KATELLA AVENUE. CYPRESS, CALIFORNIA 90630-51Q1 714/~61..-7500 FAX 714/76[-7302
February 7, 1997
Allen S. Tate
512 NE 20 Ave.
Deerfield Beach, FI 33441
Dear Mr. Tate:
Thank you for your recent letter to Yamaha Motor Corporation. We
appreciate the time you have taken to inform us of your concerns.
I do not have the exact emissions for the scooters in the 49cc category. The
decibel reading is 70. The 49cc'meet DOT and EPA standards.
If you have any f~ther questions, please feel free to give me a call at 800-
962-7926.
Sincem~,-~/
vCh~r'yl. Smith
Customer SeDSce Representative
cc file 241715
YAMAHA MOTOR CORPORATION, U.S.A.
6555 KATELLA AVENUE CYPRESS, CALIFORNIA 90630-5101 714/761-7300 FAX 714/761-7302
February 7, I997
Allen S. Tare
512 NE 20 Ave.
DeerfieId Beach, F1 3344!
Dear Mr. Tare:
Thank you for your recent letter to Yamaha Motor Corporation. We
appreciate the time you have taken to inform us of your concerns.
I do not have the exact emissions for the scooters in the 49cc category. The
decibel reading is 70. The 49cc'meet DOT and EPA standards.
If you have any' ~rther questions, please feel free to give me a call at $00-
962-7926.
Sincer.~?
Customer Service Representative
cc file 24171.5
ROUND UP THE USUAL SUSPECTS: HONDA SCOOTERS HAVE A RAP SHEET
THAT'S A MILE LONG. HERE ARE SOME OF THE HIGHLIGHTS.
ENGINE 244CC LIQUID-COOLED
FOUR-STROKE SINGLE
SEAT HEIGHT 26.2 INCHES
FUEL CAPACITY 3.2 GALLONS
DRY WEIGHT 349.4 POUNDS
COLOR REU
~ OPTIONAL HONDALINE® BACKREST,
ACCESSORIES SCOOTER COVER
! pulled the cellular out of m~ 'Oefiaifely o hot performer, and a good Helix
looker, too.' D.A.-Long Beach, CA
over at her kid brother's--pronto. The traffic wasn't
but the Elite sliced through it like a
through husbands, sp~,:.'~o.,, Emc eD
We got over to the kid's house, and it was ENGINE 80CC AIR-COOLED
FOUR-STROKE SINGLE
SEAT HEIGHT 29.1 INCHES
kid answered the door, ! had the little twerp by the, FUEL CAPACITY 1.3 GALLONS
DRY WEIGHT 112.0 POUNDS
a brand-new Elite 50 S parked there--a'
COLORS 8LACK, WHITE
OPTIONAL HONUALINE WINDSHIELD, SIDE
"upen'~-- what?" ACCESSORIES VISOR,REAR BASKET,
MUD GUARD, SCOOTER
"Listen punk me. COVER '1 couldn't stand the suspense- Elite'SO
I had to get out and ride one for
myself." M.~-st. Louis, MO
Open that trunk
school-
books was the was
!NGINE 49CC AIR-COOLED
TWO-STROKE SIHGLE
SR, with all T HEIGHT 28.7 INCHES
· CAPACITY 1.2 GALLONS
laws in most WEIGHT 143.3 POUNDS
)R PEARL PURPLE
younger n had to be a 'IONAL HONDALINE J~USIC PAK,TM
CCESSORIES SCOOTER COVER
"It gave me the freedom EI;te 50 SR
I needed to change my life. '~
5! ,ton, O~
P
look ENGINE 49CC AIR-ti
TWO-STRO
[ Client said SEAIH[IGHI
FUEL CAPACITY 1.2
.asked wN DRY WEIGHT 14! OUNDS
COLORS PURPLE,
PEAl ELLOW
i was going, and'she there. I didn't bother calling OPTIONAL HONDALINE AAUSI
ACCESSORIES SCOOT ~ER "Now I cad carry oil o~ my palp El;lr~ ~0 S
mysteries with me wherever I go."
After ~l, MaiD likes company. S.C.-Roanoke Rapids, NC
CITY OF DELRAY BEACH
NOTICE OF CONDITIONAL USE
CHANGE WITHIN THE CENTRAL
BUSINESS (CBD) DISTRICT
The City Commission of the City of Delray Beach, Florida,
proposes to change the list of Conditional Uses and Structures
Allowed within the Central Business (CBD) District by adopting
the following ordinance:
ORDINANCE NO. 1~97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.13,
"CENTRAL BUSINESS (CBD) DISTRIC'P' SUBSECTION 4.4.13
(D), "CONDITIONAL USES AND STRUCTURES ALLOWED",
OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY
OF DELRAY BEACH, BY ADDING MOPED/MOTOR SCOOTER
RENTALS SOLELY AS AN ACCESSORY USE TO BICYCLE
RENTALS, SUBJECT TO RESTRICTIONS; AMENDING
SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC
USES", TO ESTABLISH CERTAIN RESTRICTIONS
APPLICABLE TO MOPED/MOTOR SCOOTER RENTALS;
AMENDING APPENDIX A, "DEFINITIONS", TO PROVIDE A
DEFINITION FOR MOPED/MOTOR SCOOTER; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
The City Commission will conduct two (2) Public Hearings for the
purpose of accepting public testimony regarding the proposed
ordinance. The first Public Hearing will be held on TUESDAY.,
MARCH 18~ 1997~ .AT 7:00 P.M. (or at any continuation or such
meeting which is set by the Commission), in the Commission
Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach,
Florida. If the ordinance is passed on first reading, a second
Public Hearing will be held on TUESDAY~ APRIL 1~ 1997~ AT
7:00 P.M. (or at any continuation of such meeting which is set by
the Commission).
All interested citizens are invited to attend the public hearings
and comment upon the proposed ordinance or submit their
comments in writing on or before the date these hearings ~o the
Planning and Zoning Department. For further, information or to
obtain a copy of the proposed ordinance, please contact the
Planning and Zoning Department, City Hall, 100 N.W. 1st
Avenue, Delray Beach, Florida 33444 (Phone 407/243-7040),
between the hours of 8:00 a.m. and 5:00 p.m., Monday through
Friday, excluding holidays.
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO
APPEAL ANY DECISION MADE BY THE CITY COMMISSION
WITH RESPECT TO ANY MA'I-rER CONSIDERED AT THESE
HEARINGS, SUCH PERSON MAY NEED TO ENSURE THAT A
VERBATIM RECORD .INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
THE CITY DOES NOT PROVIDE NOR PREPARE SUCH
RECORD. PURSUANT TO F.S. 286.0105.
PUBLISH: BOCA RATON NEWS CITY OF DELRAY BEACH
March 10, 1997 Alison MacGregor Harty
March 26, 1997 City Clerk
Ad# 747624
____l_. ll'l 'l I I I
CITY OF DELRAY BEACH
NOTICE OF CONDITIONAL USE CHANGE
WITHIN THE CENTRAL BUSINESS (CBD) DISTRICT
The City Commission of the City of Delray Beach, Florida,
proposes to change the list of Conditional Uses and Structures
Allowed within the Central Business (CBD) District by adopting
the following ordinance:
ORDINANCE NO. 14-97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD)
DISTRICT", SUBSECTION 4.4.13(D), "CONDITIONAL USES AND STRUCTURES
ALLOWED" OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF
DELRAY BEACH, BY ADDING MOPED/MOTOR SCOOTER RENTALS SOLELY AS AN
ACCESSORY USE TO BICYCLE RENTALS, SUBJECT TO RESTRICTIONS;
AMENDING SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES",
TO ESTABLISH CERTAIN RESTRICTIONS APPLICABLE TO MOPED/MOTOR
SCOOTER RENTALS; AMENDING APPENDIX A, "DEFINITIONS", TO PROVIDE A
DEFINITION FOR MOPED/MOTOR SCOOTER; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE.
The City Commission will conduct two (2) Public Hearings for the
purpose of accepting public testimony regarding the proposed
ordinance. The first Public Hearing will be held on TUESDAY,
MARCH 18, 1997, AT 7:00 P.M. (or at any continuation of such
meeting which is set by the Commission), in the Commission
Chambers at City Hall, 100 NoW. 1st Avenue, Delray Beach,
Florida. If the ordinance is passed on first reading, a second
Public Hearing will be held on TUESDAY, APRIL 1, 1997, AT 7:00
P.M. (or at any continuation of such meeting which is set by the
Commission).
Ail interested citizens are invited to attend the public hearings
and comment upon the proposed ordinance or submit their comments
in writing on or before the date of these hearings to the
Planning and Zoning Department. For further information or to
obtain a copy of the proposed ordinance, please contact the
Planning and Zoning Department, City Hall, 100 N.W. 1st Avenue,
Delray Beach, Florida 33444 (Phone 407/243-7040), between the
hours of 8:00 a.m. and 5:00 p.m., Monday through Friday,
excluding holidays.
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION
MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED
AT THESE HEARINGS, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM
RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL
IS TO BE BASED. THE CITY DOES NOT PROVIDE NOR PREPARE SUCH
RECORD. PURSUANT TO F.S. 286.0105.
PUBLISH: The News CITY OF DELRAY BEACH
March 10, 1997 Alison MacGregor Harty
March 26, 1997 City Clerk
Instructions to NewsDaDer: This ad is not to be placed in the
legal ads/classified section of the newspaper. It must be at
least two standard columns wide and ten inches long. The entire
headline [NOTICE OF CONDITIONAL USE CHANGE WITHIN THE CENTP~AL
BUSINESS (CBD) DISTRICT] must be an 18 point bold headline.
Thank you.
FAILED ON.FIRST READING - 3/18/97
ORDINANCE NO. 14- 9 7
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.13,
"CENTRAL BUSINESS (CBD) DISTRICT," SUBSECTION (D),
"CONDITIONAL USES AND STRUCTURES ALLOWED," OF THE
LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, TO PROVIDE FOR MOPED/MOTOR SCOOTER RENTALS
AS A CONDITIONAL USE; ENACTING A NEW SUBSECTION
4.3.3(A), "MOPED/MOTOR SCOOTER RENTALS," TO PROVIDE
FOR THE PROHIBITION ON OUTSIDE STORAGE OF MOPEDS, A
LIMITATION ON ON-SITE SERVICE, A LIMITATION ON OUTSIDE
DISPLAYS, AND THE PROHIBITION OF PROPOSED MOPED
RENTAL BUSINESSES WITHIN 1000 FEET OF EXISTING MOPED
RENTAL BUSINESSES; AMENDING APPENDIX (A),
"DEFINITIONS," OF THE LAND DEVELOPMENT REGULATIONS
OF THE CITY OF DELRAY BEACH, TO PROVIDE FOR THE
DEFINITION OF "MOPED/MOTOR SCOOTER"; PROVIDING A
SAVINGS CLAUSE; A GENERAL REPEALER CLAUSE; AND AN
EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board has reviewed the
subject matter of this ordinance, and has forwarded the change with a recommendation of approval; and
WHEREAS, pursuant to Florida Statute §163.3174(4)(c), the Planning and Zoning Board, sitting
as the local planning agency, has determined that the ordinance is consistent with and furthers the
objectives and policies of the comprehensive plan; and
WHEREAS, during the past three years, the City of Delray Beach has experienced a tremendous
growth of businesses within its Central Business District; and
WHEREAS, currently there are no regulations concerning moped/motor scooter rentals; and
WHEREAS, the City Commission finds that in order to allow moped/motor scooter rentals, there
is a need to adopt regulations governing the rental of moped/motor scooter rentals within the City; and
WHEREAS, the City Commission finds that such regulations governing the rental of ..
moped/motor scooter rentals will serve to promote the safety and welfare of the citizens of Delray
Beach, and serve to promote the aesthetics of the City of Delray Beach.
FAILED ON FIRST READING - 3/18/97
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA AS FOLLOWS:
S~tion 1. That Chapter Four, "Zoning Regulations," Article 4.4, "Base Zoning District,"
Section 4.4.13, "Central Business (CBD) District," Subsection (D), "Conditional Uses and Structures
Allowed," of the Land Development Regulations of the City of Delray Beach, be, and the same is
hereby amended to read as follows:
Section 4.4.13 Central Business (CBD) District:
(D) Conditional Uses and Structures Allowed: The following uses are allowed as
conditional uses within the CBD District:
(16) Moped/Motor Scooter Rentals only as an accessory, use to Bicycle Rentals.
sub_iect to the restrictions set forth in Section 4.3.3
~ That Chapter Four, "Zoning Regulations," Article 4.3, "District Regulations, General
Provisions,' Section 4.3.3, "Special Requirements for Specific Uses," Subsection (A), "Blank," of the
Land Development Regulations of the City of Delray Beach, be, and the same is hereby amended to read
as follows:
Section 4.3.3 Special Requirements for Specific Uses: By nature of characteristics
unique to the following uses, such use may be established only in compliance with these special
requirements. These requirements are in addition to those established elsewhere in these
regulations. Description of each use in this section shall be of its common meaning or as
pursuant to the Def'mitions Section of these regulations.
(A) Moped/Motor Scooter Rentals:
(1) Outside storage of mopeds/motor scooters is prohibited.
(2) On-site storage of fuel for mopeds/motor scooters is prohibited.
(3) On-site service and repair of mopeds/motor scooters is limited to tire repairs.
(4) Outside display of mopeds/motor scooters is limited to no more than three
mopeds/motor scooters or no greater than 10% of the total floor area of the business.
whichever is less. subject to the provisions of Section 4.6.6(C)(3).
2 ORD. NO. 14-97
FAILED ON FIRST READING - 3/18/97
(5) Moped/motor scooter rentals shall not be established within 1.000 feet of an
existing mo~d/motor scooter rental business. The distance is to be measured in a
straight line from the nearest point of the building occupied by the existing business, to
the nearest point of the building to be occupied by the proposed business.
(6) Safety. helmets shall be issued to each rider of the moped/motor scooter.
~. That Appendix A, "Definitions," of the Land Development Regulations of the City
of Delray, be, and the same is hereby amended, and a new definition, "Moped/Motor Scooter," is
enacted to read as follows:
"Mo_r~d/Motor Scooter" Any vehicle with or without pedals to permit propulsion by
human power, having a seat or saddle for the use of a rider, and designed to travel on not more
than three wheels: with a motor not rated in excess of 2 brake horsepower, and not capable of
Propelling the vehicle at a speed greater than 30 miles per hour on level ground; and with a
power-drive system that functions directly or automatically without clutching or shifting gears by
the operator after the drive system is engaged: and powered by an internal combustion engine
with displacement not to exceed 50 cubic centimeters,
Section 4. That should any section or provision of this ordinance, or any portion thereof, or
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.
~. That all ordinances or parts in conflict herewith be, and the same are hereby,
repealed.
Section 6. That this ordinance shall become effective immediately upon its passage on the
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the ~ day
of ,1997.
ATTEST:
MAYOR
City Clerk
First Reading.
Second Reading.
moped.ord
3 ORD. NO. 14-97
FAILED ON FIRST READING - 3/18/97