Res 26-16RESOLUTION NO. 26-16
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING
THAT THE CITY OF DELRAY BEACH IS CONSIDERING
AMENDMENTS TO THE CITY'S LAND DEVELOPMENT
REGULATIONS (LDR) WITH RESPECT TO THE
OPERATION AND LOCATION OF TATTOO STUDIOS;
INVOKING THE ZONING IN PROGRESS DOCTRINE
WITH RESPECT TO THE CITY'S LDR'S; PROVIDING
THAT, FROM MAY 17, 2016 AND DURING THE
PENDENCY OF THE CITY'S CONSIDERATION OF THE
NEW LDR AMENDMENTS, THE CITY WILL DEFER THE
PROCESSING AND APPROVAL OF ALL APPLICATIONS
FOR TATTOO STUDIOS INCONSISTENT WITH THE
LDR'S; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Delray Beach, Florida ("City") since at least May 17, 2016 has been
actively engaged in the process of undertaking a review and update of the existing Land
Development Regulations (LDRs) with respect regulations regarding the location and zoning of
Tattoo Studios, and
WHEREAS, the City recognizes the legal precedent of the Court in the recent decision
rendered in the case of Buehrle v. City of Key West, wherein the Court found that tattooing is
recognized as a form of artistic expression, subject to the protection of the First Amendment and
subject to regulation as permitted by law; and
WHEREAS, as a result of this decision, the City is conducting a review of the subject matter
and its LDRs with respect to adopting the appropriate regulations and zoning rules to the existing
LDRs; and
WHEREAS, in accordance with these considerations, the City of Delray Beach Department
of Planning and Zoning ("Department") will be proposing amendments to the City's LDRs with
respect to this subject matter; and
WHEREAS, all persons or entities that may want to submit an application with respect to
the location or operation of a Tattoo Studio are on notice that the City is considering the adoption
of amended LDRs with respect to this subject matter, and that this subject matter should be
considered zoning in progress; and
Section 1. That the recitals above are true and correct and incorporated into the
findings of this Resolution as if set forth in full herein.
Section 2. Zoning in Progress. That pursuant to the pending ordinance doctrine and
Florida law, the City Commission hereby acknowledges that the City of Delray Beach no later than
May 17, 2016 commenced preparing and considering the adoption of ordinance amendments to the
LDRs with respect to the location and zoning of tattoo studios within the City.
Section 3. That the City process currently ongoing and in effect with regard to the
creation, development and consideration of amended LDRs for this subject matter constitutes
zoning in progress.
Section 4. That the acceptance and processing of applications, permits, or any other
approvals for Tattoo Studios after May 17, shall be deferred from consideration by the City until the
ending as set forth in Section 5 below.
Section 5. That this zoning in progress shall remain in effect until new or amended
LDRs are adopted by the City Commission with respect to this subject matter or until the passage of
90 days, whichever occurs first. This policy may be extended by Resolution of the City Commission
for additional periods of time in order to complete the tasks outlined herein.
Section 6. That this Resolution shall become effective immediately upon its passage.
PASSED AND ADOPTED by the City Commission of the City of Delray Beach this
day of 12016.
MAYOR
ATTEST:
City Clerk