30-97 FAILED ON lST READING - 8/19/97
ORDINANCE NO. 30-97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.19,
"MIXED INDUSTRIAL AND COMMERCIAL (MIC) DISTRICT",
OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF
DELRAY BEACH, BY AMENDING SUBSECTION 4.4.19(A),
"PURPOSE AND INTENT", TO CLARIFY THE INTENDED GOAL
OF THE DISTRICT; AMENDING SUBSECTION 4.4.19(B),
"PRINCIPAL USES AND STRUCTURES PERMITTED", AND
SUBSECTION 4.4.19(D), "CONDITIONAL USES AND
STRUCTURES ALLOWED", TO MODIFY THE ALLOWABLE USES
WITHIN THE MIXED INDUSTRIAL AND COMMERCIAL
DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Zoning Board reviewed the proposed text amendments at a public
hearing on July 21, 1997, and forwarded the changes 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 changes are consistent with and further the
objectives and policies of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter Four, "Zoning Regulations",
Article 4.4, "Base Zoning District", Section 4.4.19, "Mixed
Industrial and Commercial (MIC) District", Subsection 4.4.19(A),
"Purpose and Intent", of the Land Development Regulations of the City
of Delray Beach, Florida, be, and the same is hereby amended to read
as follows:
Section 4.4.19 Mixed Industrial and Co~m~ercial (MIC) District:
(A) Purpose and Intent: The Mixed Industrial and Commercial
(MIC) District is created in order to provide for a mix of
industrial, commercial, and office use in a single zone district.
The uses allowed are intended to enhance employment opportunities in
the industrial, manufacturinq and trade sectors, with supportinq
business and professional office functions. ~ /~~ /~ /~f
t~ttll II~fft¢~ I~ IS ~etail uses are appropriate on a limited
basis, ~ and only as a secondary use ~ within the district. ~
~~ /~ /~ /~~ /~/ The MIC District is to be
located in areas designated for the primary use - industry and
commerce - as shown on the Future Land Use Map.
FAILED ON 1ST READING - 8/19/97
Section 2. That Chapter Four, "Zoning Regulations",
Article 4.4, "Base Zoning District", Section 4.4.19, "Mixed
Industrial and Commercial (MIC) District", Subsection 4.4.19(B),
"Principal Uses and Structures Permitted", of the Land Development
Regulations of the City of Delray Beach, Florida be and the same is
hereby amended to read as follows:
(B) Principal Uses and Structures Permitted: The following
types of use are allowed within the MIC District as a permitted use:
(1) Industrial Uses. The manufacturing, fabrication
~~ and wholesale of items and other uses as described
~ in Section 4.4.20(B)(1), (2) and (3).
(2) Service Industry. Uses which provide an off-site
service but maintain inventory, storaqe and an office at a central
location, as described in Section 4.4.20(B)(5).
(3) Business and Professional Offices, includinq, but not
limited to finance, insurance, real estate, accountinq and
bookkeepinq services, advertisinq services, photoqraphic studios,
architectural and enqineerinq services, computer and data processinq
services, correspondence and vocational schools, credit reDortinq and
collection, detective and protective services, leqal services, travel
aqencies, and qeneral offices for an individual, partnership or
corporation.
- 2 - Ord. No. 30-97
FAILED ON lST READING - 8/19/97
(4) Retail trade. Retail uses as a secondary use within
any one building that has as its primary occuDant an industrial or
service industry use, but only to the extent that the floor area for
all retail use (either accessory to an industrial use or not) shall
not exceed 25% of the floor area of the total building. Although an
intent of this Zoning District is to allow retailing of items
manufactured, fabricated ~~, 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) Hobbies, games and toys
(f) Jewelry, gifts, novelties
Luggage and leather goods
(h) Mail order houses
(i) Radio and television sets
(j) Seasonal holiday items (Christmas trees, fruit
baskets, other seasonal items)
(k) Sporting goods, including bicycles
(5) Interior Design and Furnishings: The wholesale,
retail, storage and distribution of home furnishings, floor
coverings, wall coverings, lighting, and other items related to the
finishing and furnishing of interior space.
(6) Other Processes and Activities: The following
activities may also be conducted:
(a) Dry cleaning and laundering
(b) Emissions testing
Section 3. That Chapter Four, "Zoning Regulations",
Article 4.4, "Base Zoning District", Section 4.4.19, "Mixed
Industrial and Commercial (MIC) District", Subsection 4.4.19(D),
"Conditional Uses and Structures Allowed", of the Land Development
Regulations of the City of Delray Beach, Florida, be, and the same is
hereby amended to read as follows:
(D) Conditional Uses and Structures Allowed:
(1) The following uses are allowed as conditional uses
within the MIC Zone District:
- 3 - Ord. No. 30-97
FAILED ON 1ST READING - 8/19/97
. /~ (a) Kennels, no on-site disposal of carcasses
~Y (b) Lumberyards
~y (c) Monument and ornamental stone cutting, with no
outside storaqe
(d) Material and component recovery for reuse, such
as the disassembly and resale of computer
components, appliances, and electrical
components. This does not include resource
recovery facilities as described and requlated by
Section 4.3.3(Z).
(e)Automobile paint, body, and repair shops
Boat repair and service
(2) The followinq additional uses are allowed as
conditional uses in the MIC zoninq district. However, such uses may
not be established on properties havinq frontaqe alonq an arterial
roadway:
(a) Adult entertainment establishments, pursuant to
the provisions of 2.4.5(E)
(b) Garaqes and lots for the parkinq and storaqe of
vehicles, includinq the storaqe of liqht trucks,
up to and includinq two-ton trucks
(c) Storaqe and rental of liqht construction
equipment not over twenty-four feet (24') lonq,
eiqht feet (8') wide, and ten feet (10') hiqh
- 4 - Ord. No. 30-97
FAILED ON 1ST READING - 8/19/97
(d) Monument and ornamental stone cuttinq with
accessory outside storaqe
(e) Rental and sales of modular buildinqs
(f) Towinq services, with no outside storaqe
Section 4. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
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 this ordinance shall become effective
immediately upon its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1997.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
- 5 Ord. No. 30-97
FAILED ON lST READING - 8/19/97
TO: DAVID T. HARDEN, CITY MANAGER
SUBJECT: AMENDMENTS TO LDR SECTION 4.4.19, MIXED INDUSTRIAL AND
COMMERCIAL (MIC) DISTRICT
The item before the Commission is approval of amendments to those sections of the MIC
zoning district regulations dealing with permitted and conditional uses. The amendments
resulted from several discussions among the City Commission, the Planning and Zoning Board,
and members of the public regarding the potential impacts of the some of the listed uses. A
brief summa~ of the proposed amendments is as follows:
· The current regulations limit office uses to 25% of total floor area. The amendment would
delete that limitation altogether, and broaden the types of office uses allowed.
The amendment creates two classes of conditional uses: those that are permitted
throughout the district; and those that can only be established on propedies that do not front
on an a~erial road (i.e. Congress Ave., Linton Blvd., Atlantic Ave.). The intent of this is to
relegate those uses that tend to have a significant outside storage component to less visible
locations.
· Automobile and boat repair are changed from permitted to conditional uses.
Resource recovery facilities such as recycling stations, transfer stations, etc., will no longer
be permitted in the district.
A more detailed explanation of the changes is provided in the attached staff repo~.
The P & Z Board held a public hearing on this amendment on July 21, 1997. Nine members of
the public spoke regarding the changes, most of whom are owners of MIC zoned prope~ies.
Except for one person who is in the process of selling her properly, all were suppo~ive of the
changes. The Board unanimously recommended approval of the amendments subject to one
modification which related to towing se~ices. The suggested change has been incorporated
into the proposed ordinance.
By motion, approve the ordinance amending the MIC zoning district regulations as attached.
Attachments:
· Location Map
· P&ZBoardStaffRepo~ ~. ~o-77 F~I~ ~o P&55
· Proposed Ordinance (by others) /E~ ~/n~ ~//q/~7
GULF S'I~EAM BLVD.
CITY OF DELRAY BEACH, FLORIDA
L-30 CANAL
I
LAKE IDA ROAD
N,W. 2ND
· ! i
S.W. 2ND
LOWSON BOULEVARD $.W. 10TH ,,,,
LIN TON BOULEVARD
BOULEVARD
r .... i :~
.~ ~- ..... ..J
L-38 CANAL C-15 CANAL
CITY LIMITS ...........
I MILE
, I
MIC ZONING DISTRICTS
PLANNING DEPARTMENT
-- DIGITAl. ,~45E' Id4P $)~7'EM --
MAP REF: LMA42
MEETING OF: July 21, 1997
AGENDA ITEM: V.A. AMENDMENT TO LAND DEVELOPMENT REGULATIONS
SECTION 4.4.19, MIXED INDUSTRIAL AND COMMERCIAL (MIC)
DISTRICT
The item before the Board is that of recommending amendments to Land Development
Regulations (LDR) Section 4.4.19, Mixed Industrial and Commercial (MIC) District.
In recent years, the MIC zoning district has been the subject of many discussions at
both the Planning and Zoning Board and City Commission level. The discussions have
dealt with the types and intensity of uses allowed, as well as the poor condition of
several of the developments within the district. Most of the concerns have centered
around the uses along the Congress Avenue corridor. The following is a brief
chronology of the major actions considered and/or taken on this issue in the past
several years:
June 1994 Both the P & Z Board and the City Commission rejected a proposal
to rezone several parcels along Congress Avenue from MIC to LI,
and opted instead to consider changes to the development
standards of the MIC district.
October 1994 The district regulations were amended to require that all uses be
conducted completely within an enclosed building, except for
approved outside storage which must be screened from view.
November 1995 The district regulations were amended to add "Interior Design and
Furnishings" as a permitted use.
In 1996, the Palm Beach County Solid Waste Authority submitted a conditional use
application to establish a regional recycling transfer station on an MIC-zoned site on
Congress Avenue. Many people, including members of the Planning and Zoning Board
and the City Commission, were surprised that such an intense use could be established
along the Congress corridor. The conditional use application was denied in June of
1996, however, in a subsequent meeting the Commission directed staff to again review
· · · Planning and Zoning Board Staff Report - 7/21/97
LDR Amendments to the Mixed Industrial and Commercial (MIC) District
Page 2
the allowable uses in the MIC district, particularly as they related to the intensity of uses
in the Congress Avenue corridor.
At its meeting of February 24, 1997, the Planning and Zoning Board formally initiated
amendments to the MIC district regulations. The initiation action directed that the
proposed modifications allow for uses that would create opportunities for a broad mix of
businesses to operate in a clean and controlled environment, benefiting from the
synergy of a well mixed business climate. In addition, modifications should seek to
eliminate or severely restrict uses which would detract from these opportunities.
Analysis of Current Development
The MIC District contains a total of 197 acres (map attached). The bulk of this land is
located along the Congress Avenue corridor, although it is applied also to areas along
Wallace Drive, S.W. 10th Street, and Linton Boulevard.
Along Wallace Drive, the MIC District lies on the west side of the road, in a
redevelopment area. In this area is a mix of transitional uses, including contractors,
auto repair and residential. Surrounding zoning districts are Industrial (I) and Light
Industrial (LI) to the west and northwest, Automotive Commercial (AC) to the south, and
Residential to the east and northeast.
A small area of MIC zoning (Security Self Storage) exists on the north side of Linton
Boulevard at S.W. 4th Avenue, nearly surrounded by Industrial zoning.
The largest area of MIC zoning, and the most visible, lies along Congress Avenue.
Even in this area, MIC accounts for only about 30% of the Congress Avenue frontage.
The balance is in Planned Commerce Center (PCC), Community Facilities (CF),
Planned Commercial (PC), Planned Office Center (POC), and Residential Districts,
along with small areas of General Commercial (GC) at the major intersections.
Along Congress Avenue, the MIC District abuts 1-95 and the railroad to the east, and a
combination of residential and office uses to the west. It is a highly visible zone in the
heart of the City, along a major north-south corridor. Much of the traffic along the
corridor is residential, accessing homes to the west. At the same time, the District has
good access to 1-95 for truck traffic along Congress Avenue, and access to railroad
sidings. Nearby residential character and high visibility indicate the need for caution in
the intensity of development allowed. Road and rail access, and the need for jobs
indicate the need to encourage commerce-type development. Its central location
means that uses in the MIC Distdct will impact much of the City's population on a daily
basis.
.... Planning and Zoning Board Staff Report - 7/21/97
LDR Amendments to the Mixed Industrial and Commercial (MIC) District
Page 3
Major business types and uses represented in the district, expressed as an
approximate percent of the total acreage, include:
Type of Use Acres Percent
- Vacant Land 42.0 22.0
Merchant - Wholesale 24.0 13.0
Contractor 18.2 10.0
Merchant- Retail 16.8 9.0
Storage 15.4 8.0
Auto Repair & Related Uses 11.9 6.0
Vacant Building 11.8 6.0
Manufacturing 10.2 5.5
Concrete Plant 9.9 5.5
Office 9.0 5.0
Miscellaneous 9.0 5.0
Residential 5.0 3.0
Junk Shop or Dealer 2.1 1.0
Cabinetry 0.9 0.5
Print Shop/Publishing 0.9 0.5
Total 187.1 100.0
The business types above were those shown on the occupational license records as of
March 1997. This creates some skewing of the acreage results, but the relative
proportions are useable. For example, Passeri Marble, on 0.59 acres, has three
licenses (retail merchant, wholesale merchant, and contractor). The table above
distributes the acreage equally among the three business types.
The individual businesses and groups also influence the character 'of the district.
Levenger's and ABC Carpet are prominent large uses, and are reflective of some of the
higher quality MIC development that has occurred in recent years along Congress-
Avenue. Much of the remaining uses fronting Congress and Atlantic Avenues are
either auto repair shops or home improvement suppliers, such as tile, wood and mica,
and silk plants. Less visible from major roads are industrial uses such as trucking and
equipment, lumber yards, and roofing contractors.
While the list of existing uses is faidy broad, and exhibits many of the uses allowed in
the district, there are some patterns inferable that may counter the philosophy of the
district. These anomalies may be counter-productive to the intended goal of the distdct
- the creation of quality employment opportunities.
The district is over 27% vacant. There are approximately 42 acres (22%) of vacant
land, and 11.8 acres (6.0%) of land with vacant buildings. Auto repair, paint and body,
towing, and closely assdciated uses constitute approximately 6.0% of the total area
· ._ Planning and Zoning Board Staff Report - 7/21/97
LDR Amendments to the Mixed Industrial and Commercial (MIC) District
Page 4
zoned MIC. While these uses are necessary, they are relatively Iow generators of jobs.
In addition, these uses are often unsightly neighbors for businesses seeking new or
expanded locations, and may simply draw other like uses to the area. Finally, they
have relatively little interaction with surrounding uses. Junk shops or dealers (a non-
conforming use) make up about 1.1% of the district. This use is generally unsightly,
and can be detrimental to attracting other, higher quality uses.
There is a lack of synergy within the district. Sufficient suppliers are not found in
proximity with the contractors who use the materials. Noted exceptions are the
concrete plants and tile businesses located in the area with construction companies.
Services which would support small businesses, including equipment rental, hardware,
lumber yards, and business services are under-represented.
As noted with previous discussions on the subject, many of the MIC issues that have
been raised concern the appearance and intensity of uses along Congress Avenue,
especially the section of Congress between Lake Ida Road and Atlantic Avenue. Much
of the development south of Atlantic is in industrial parks, office buildings, and
warehouse/storage complexes. For the most part, the developments are well
landscaped and maintained. In order to encourage development that is of a similar or
better quality in other highly visible MIC-zoned areas, it is appropriate to exert additional
controls on the types of uses that will be permitted.
Recent Board Discussion
The MIC district was discussed with the Board at its workshop meeting of May 19,
1997. Staff presented an overview of the character of the uses in the district, and
received feedback from the Board on several areas, including: modification of the caps
for office and retail; uses which might be prohibited; and uses which might be added.
The Board's general consensus was that the District regulations should be modified to
achieve two goals:
· Incorporate flexibility to allow more office uses in the district.
· Restrict some of the more intense uses which would detract from the character of
the district.
The proposed amendments woUld result in the following changes in categories of uses:
Permitted Uses:
Business and professional offices are retained as permitted uses, but the 25% cap on
their proportion of floor area has been deleted. These uses are also combined into one
, -- Planning and Zoning Board Staff Report - 7/21/97
LDR Amendments to the Mixed Industrial and Commercial (MIC) District
Page 5
category. Medical offices are not included, since the character of their customer base
and operations differ markedly from the intent of the MIC District.
Automobile and boat repair uses are being transferred from the category of permitted
uses to that of conditional uses. This will allow an opportunity to exert greater control
over their potential impact on the area. An example of this impact would be the location
of parking and storage areas relative to Congress Avenue. Additionally, there is
concern that buildings which are constructed initially for warehouse uses, with a Iow
rate of required parking, convert to auto repair uses over time, with no review process
to insure that there is adequate parking to accommodate the demand.
Conditional Uses:
The proposed changes create two categories of conditional uses: those that are
permitted throughout the district, and those that are permitted only on propertie~s that do
not have frontage on an arterial roadway. Arterial roadways with MIC zoning include
Congress Avenue, Atlantic Avenue, and Linton Boulevard. The uses that are being
restricted from those areas are those that, because of their extensive outside storage
requirements, are inconsistent with the desired appearance and character of
development along these major visible roadways. These uses include garages and lots
for the storage of vehicles; storage and rental of light construction equipment;
monument/ornamental stone cutting that has an outside storage component; and the
rental or sale of modular buildings. In addition, adult entertainment establishments are
being restricted from these locations because, while they are to be accommodated
within the City, they are inconsistent with efforts to promote higher quality development
and a industrial/office oriented employment base along the MIC corridor. Lumberyards
were considered for inclusion in the category that would not be permitted on an arterial
roadway. However, as lumberyards store the bulk of their materials indoors and
generally include a retail sales operation, it was determined that they should not be
further restricted as to their location.
Resource recovery facilities and towing services are deleted from the list of allowable.
conditional uses due to their overall negative impact on the District. These impacts
include noise, odor, heavy truck traffic, and visual impacts related to the outside storage
of such "inventory" as wrecked cars and aluminum cans. However, a specific category
of material and component recovery operation, which is similar to fabrication, is being
added.
Creation of Nonconforming Uses
The proposed amendments would cause only a few existing businesses to become
nonconforming. There are two towing companies that would become nonconforming,
and one stone cutting business on Congress Avenue that has outside storage and
would become nonconfo~:ming as to its location on an arterial road. Approximately 48
Planning and Zoning Board Staff Report - 7/21/97
LDR Amendments to the Mixed Industrial and Commercial (MIC) District
Page 6
auto repair businesses and one boat repair shop would change from permitted to
conforming conditional uses. As a conditional use, any future expansions or significant
changes to these businesses would have to be processed as a conditional use
modification, possibly requiring a public hearing.
. .................. .......,...:.......: ........................ .:...~..........:...:<. ........ .: . . . ¢o :.~ ~ :-:..'-.'..-:<-.'.~$~:~:-:-.~.-..::::~.': .::.:.:.:;:.....:.:.:.:::......':.....:..';.....:...~.::::~....:...:.::.:::.:
............................ , ............................................................. 8~M~E~.~. ~~1,.~-...~ ......................... ~i ............ .~ ............... ..- ..................
Based on analysis of the current allowable uses in the MIC district, and the direction of
the City Commission to upgrade the character of uses and development within the
district, recommend amendments to LDR Section 4.4.19 Mixed Industrial and
Commercial (MIC) District as attached.
Attachment:
· Proposed Amendments to Section 4.4.19, MIC District
S:\adv\MIC8
Boca Raton News, Monday, August 11, 1997 ~'~,
CITY OF DELRAY BEACH
.oT cE OF USE Co. mO.^L
USE CHANGE WITHIN THE MIXED INDUSTRIAL
The Ci~ Commission of the Ci~ of Delray Beach, Florida, pro-
poses to adopt the following ordinance:
ORDINANCE:'NO. 30-97
AN ORDINANCE OF THE CI~ COMMISSION OF THE CI~ OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.19,
'MIXED INDUSTRIAL AND COMMERCIAL (MIC) DISTRICt, OF
THE ~ND DEVELOPMENT REGU~TIONS 0F THE CI~ OF
DEL~Y BEACH, BY AMENDING SUBSECTION 4. 4.19(A),
~PURPOSE AND INTEN~, TO C~RI~ THE INTENDED GOAL
OF THE DISTRICT; AMENDING SUBSECTION 4.4.19(B), PRIN-
CIPAL USES AND) STRUCTURES PERMI~ED', AND SUBSEC-
TION 4.4.19 (D), CONDITIONAL USES AND STRUCTURES
ALLOWED", TO MODI~ THE ALLOWABLE USES WITHIN THE
MIXED INDUSTRIAL AND COMMERCIAL DISTRICT; PROVID-
ING A GENE~L REPE~ER C~SE, A SAVING C~USE,
AND AN EFFECTIVE DATE.
The Ci~ Commi~ion will ~nduct ~o (2) Public Hearings for the
purpose of accepting public testimony regarding the proposed
ordinance. ~e fimt Public Hearing will be held on TUESDAy.
AUGUST 19. 1997. AT 7:~ P.M. (or at any continuation of such
meeting which is set by the Commission), in the Commission
Chambem at Ci~ Hall, IOO N.W. 1st Avenue, Delray Beach, .
Florida. If the ordinance is passed on fimt reading, a second
Public Hearing will be held on - TUESDAY. SEPTEMBER 9,
1997. AT 7:00 P.M. (or at any ~ntinuation of such meeting which
is set by the Commission).
All interested citizens am invEed to a~end ~e public hearings and
comment upon ~e proposed ordinance or submit ~eir comments
in writing on or before ~e date of these hearings to the Planning
and Zoning Depa~ment. For fu~er info~ation or to obtain a
copy of the proposed ordin~ce, please ~n~ct the Planning and
Zoning Depa~ment, Ci~ Hall, 100 N.W. 1st Avenue, Delray
Beach, Florida 3~ (Phone 407/243-7040), be~een the houm
of 8:00 a.m. and 5:00 p.m., Monday ~mugh Friday, excluding hol-
idays.
PLEASE BE. ADVISED THAT IF A PERSON DECIDES TO
APPEL ANY DECISION MADE BY THE CI~ COMMISSION
WITH RESPECT TO ANY MA~ER CONSIDERED AT THESE
HEARINGS, SUCH PERSON MAY NEED TO ENSURE THAT A
VERBATIM RECORD INCLUDES THE TESTIMONY AND EVI-
DENCE UPON WHICH THE APPEAL IS TO BE BASED. THE
CI~ DOES NOT PROVIDE NOR PREPARE SUCH RECORD.
PUSUANT TO RS. 286.0105.
PUBLISH: THE BOCA ~TON NEWS CI~ OF DELRAY BEACH
AUGUST 11, 1997 Alison Ma~regor Ha~
SEPTEMBER 3, 1997. Ci~ Clerk
AD ~57935
II
CITY OF DELRAY BEACH
NOTICE OF PERMITTED USE AND CONDITIONAL USE CHANGE
WITHIN THEMIXED INDUSTRIAL AND COMMERCIAL (MIC) DISTRICT
The City Commission of the City of Delray Beach, Florida,
proposes to adopt the following ordinance:
ORDINANCE NO. 30-97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, AMENDING SECTION 4.4.19, "MIXED INDUSTRIAL AND
COMMERCIAL (MIC) DISTRICT", OF THE LAND DEVELOPMENT REGULATIONS
OF THE CITY OF DELRAY BEACH, BY AMENDING SUBSECTION 4.4.19(A),
"PURPOSE AND INTENT", TO CLARIFY THE INTENDED GOAL OF THE
DISTRICT; AMENDING SUBSECTION 4.4.19(B), "PRINCIPAL USES AND
STRUCTURES PERMITTED", AND SUBSECTION 4.4.19(D), "CONDITIONAL
USES AND STRUCTURES ALLOWED", TO MODIFY THE ALLOWABLE USES WITHIN
THE MIXED INDUSTRIAL AND COMMERCIAL DISTRICT; 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,
AUGUST 19, 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 N.W. 1st Avenue, Delray Beach,
Florida. If the ordinance is passed on first reading, a second
Public Hearing will be held on TUESDAY, SEPTEMBER 9, 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 DELP, AY BEACH
August 11, 1997 Alison MacGregor Harry
September 3, 1997 City Clerk
Instructions to Newspaper: 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 PERMITTED USE AND CONDITIONAL USE CHANGE
WITHIN THE MIXED INDUSTRIAL AND COMMERCIAL (MIC) DISTRICT] must
be an 18 point bold headline. Thank you.
MEMORANDUM
TO: Jasmin Allen, Planner
FROM: Alison MacGregor Harty, City Clerk~IIv
SUBJECT: Advertisements/Draft Ordinances for City Co,.,,ission
Meetinq of Auqust 19, 1997
DATE: August 6, 1997
Attached for your review are draft copies of the 'change of use'
notices and the draft ordinances for the proposed MIC district
text amendments (Ord. 30-97) and the text amendments related to
resource recovery facilities (Ord. 31-97).
Please review the ads and get back to me with any comments or
changes as soon as possible. I want to get these ads to the
newspaper by Thursday noon (8/7/97) for publication on Monday,
August llth. The second publication date is scheduled for
September 3rd.
In addition, the captions will be advertised according to our
normal adoption procedure for ordinances (i.e. at least ten days
prior to 2nd reading/public hearing, or August 29, 1997).
Thank you for your assistance.
AMH/m
At t achment s
Section 4.4.19 Mixed Industrial and Commercial (MIC) District:
(A) Purpose and Intent: The Mixed Industrial and Commercial (MIC) District
is created in order to provide for a mix of industrial, commercial, and office use in a
single zone district. The uses allowed are intended to enhance employment
opportunities in the industrial, man0facturing, and trade sectors, with Supporting
business and orofessional office functions. Th~ "'"' ......... ~ .....
~ ;n~, ~of.;~l, ~, /m~n,,,~ ';~'~v,~,'r;nn t.~N~l~l~..,.~.~ , r~n~;r/ ~,, ~n~ r uses are
appropriate on a limited basis, but and only as a seconda~ use ~ the district
= ~,,;'~; ..... ~;~" s~ ;-~,'~*-;~' ..... The MIC District is to in areas
designated for the prima~ use - indust~ and commerce - as Future Land
Use Map.
(B) Principal Uses and Structures Permitted: use
are allowed within the MIC District as a permitted use:
(1) Industrial Uses. The manufacturin(: wholesale of items
and other uses as described in Section 4.4.20(B) (1)
(2) Service Industry. Uses which provide an service but maintain
inventory, storage and an office at a c~~cation, as d in Section 4.4.20
~ u nc r I e t te ntin nd in ervices verti in s rvic
(4) Retail trade. Retail uses as a secondary use within any one
building that has as its primary occupant an industrial or service industry ~Jse, but only
to the extent that the floor area for all retail use (either accessory to an industrial use or
not) shall not exceed 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, )ile home
dealers
(d) Camera and photographic equipment )lies
(e) Hobbies, games, and toys
(f) Jewelry, gifts, novelties
(g) Luggage and leather goods
(h) Mail order houses
(i) Radio and television sets
(j) Seasonal holiday items (Christmas:: fruit baskets, other
seasonal items)
(k) Sporting goods, O~ 11/7/95]
(5) retail, storage and
distribution of home furnishings, floor coy s, wall coverings, lighting, and other
items related to the furnishir interior space. [Amd. Ord. 58-95
1117195]
(6)
conducted:
The following uses are
en a part ~r accessory to, the principal use:
(1)
(2) ~se and service areas
(3) Provisions or services and repair of items incidental to principal uses.
(4) Storage of inventory, equipment, vehicles, or materials, within a structure
or in an approved outside locations. [Amd. Ord. 60-93 10112193]
-2-
(5) The conducting of auctions incidental to a principal use, and subject to the
provision of parking at the rate required for general commercial uses. [.Amd. Ord. 30-
94 6/21/94]
(D) Conditional Uses and Structures Allowed:
(1) The following uses are allowed as conditional uses within the MIC Zone
District: [Amd. Ord. 55-90 11/13/90]
/'~,.., (a) Kennels, no on-site disposal of ises.
(4-) (b) Lumberyards.
(-,?,-) (c) Monument and ornamental stone
(d)
dj.'
(e)
zoninc
(a) Adult Entertainment Establishments, pursuant to the provisions of
2.4.5(E).
(b) Garages and lots for the parking and storage of vehicles, including
the storage of light trucks, up to and including, two-ton trucks.
(c) Storage and rental of light construction equipment not over twenty-
four feet (24') long. eight feet (8') wide, and ten feet (10') high.
-3-
(d) Monument and ornamental stone cutting with accessory, outside
storage.
(e) Rental and sales of modular buildings.
(f) Towing services, with no outside storage.
(E) Review and Approval Process:
(1) In established structures, uses shall be allowed therein u application
to, and approval by, the Chief Building Official for a certificate of occu
(2) For any new development approval must be gran Site Plan
Review and Appearance Board pursuant to Sections 2.4.5 (F), ).
(F) Development Standards: The developm{ as in
Section 4.3.4 shall apply.
(G) district
regulations as set forth in Article 4.6 shall apply. 10112/93]
(H) Special Regulations:
(1) Loading and unloading to side rear yards and shall
be prohibited within the front yard setback
(2) Within the front yard rst ten feet (10') abutting the right-of-
way shall be a landscap lo paving shall be allowed except for
driveways and the Such driveways and
walkways shall be g, line.
(3) from facing a public right-of-way.
[Amd. Ord. 58-95 11/0'
approved pursuant to Section 4.6.6(C)(2), all
prin, dl be conducted within an enclosed building. [Amd.
Ord. 75-94 10118194]
S:PLANNI/DOC
-4-
MEETING OF: July 21, 1997
AGENDA ITEM: V.A. AMENDMENT TO LAND DEVELOPMENT REGULATIONS
SECTION 4.4.19, MIXED INDUSTRIAL AND COMMERCIAL (MIC)
DISTRICT
The item before the Board is that of recommending amendments to Land Development
Regulations (LDR) Section 4.4.19, Mixed Industrial and Commercial (MIC) District.
I
........................... ::::::::::::: ...................... :::::::::::::::::::::::::::::::::::::::::::::::::::::: ................ :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ..................... "": ......................... :: .............. :::::::::::::::::::::: ....................................... :::::::':::::::i ............... """"¥:"::=:: .................. :" .................................................... ": .............................. ?,:i:::::!
In recent years, the MIC zoning district has been the subject of many discussions at
both the Planning and Zoning Board and City Commission level. The discussions have
dealt with the types and intensity of uses allowed, as well as the poor condition of
several of the developments within the district. Most of the concems have centered
around the uses along the Congress Avenue corridor. The following is a brief
chronology of the major actions considered and/or taken on this issue in the past
several years:
June 1994 Both the P & Z Board and the City Commission rejected a proposal
to rezone several parcels along Congress Avenue from MIC to LI,
and opted instead to consider changes to the development
standards of the MIC district.
October 1994 The district regulations were amended to require that all uses be
conducted completely within an enclosed building, except for
approved outside storage which must be screened from view.
November 1995 The district regulations were amended to add "Interior Design and
Furnishings" as a permitted use.
In 1996, the Palm Beach County Solid Waste Authority submitted a conditional use
application to establish a regional recycling transfer station on an MIC-zoned site on
Congress Avenue. Many people, including members of the Planning and Zoning Board
and the City Commission, were surprised that such an intense use could be established
along the Congress corridor. The conditional use application was denied in June of
1996, however, in a subsequent meeting the Commission directed staff to again review
Planning and Zoning Board Staff Report - 7/21/97
LDR Amendments to the Mixed Industrial and Commercial (MIC) District
Page 2
the allowable uses in the MIC district, particularly as they related to the intensity of uses
in the Congress Avenue corridor.
At its meeting of February 24, 1997, the Planning and Zoning Board formally initiated
amendments to the MIC district regulations. The initiation action directed that the
proposed modifications allow for uses that would create opportunities for a broad mix of
businesses to operate in a clean and controlled environment, benefiting from the
synergy of a well mixed business climate. In addition, modifications should seek to
eliminate or severely restrict uses which would detract from these opportunities.
Analysis of Current Development
The MIC District contains a total of 197 acres (map attached). The bulk of this land is
located along the Congress Avenue corridor, although it is applied also to areas along
Wallace Drive, S.W. 10th Street, and Linton Boulevard.
Along Wallace Drive, the MIC District lies on the west side of the road, in a
redevelopment area. In this area is a mix of transitional uses, including contractors,
auto repair and residential. Surrounding zoning districts are Industrial (I) and Light
Industrial (LI) to the west and northwest, Automotive Commercial (AC) to the south, and
Residential to the east and northeast.
A small area of MIC zoning (Security Self Storage) exists on the north side of Linton
Boulevard at S.W. 4th Avenue, heady surrounded by Industrial zoning.
The largest area of MIC zoning, and the most visible, lies along Congress Avenue.
Even in this area, MIC accounts for only about 30% of the Congress Avenue frontage.
The balance is in Planned Commerce Center (PCC), Community Facilities (CF),
Planned Commercial (PC), Planned Office Center (POC), and Residential Districts,
along with small areas of General Commercial (GC) at the major intersections.
Along Congress Avenue, the MIC District abuts 1-95 and the railroad to the east, and a
combination of residential and office uses to the west. It is a highly visible zone in the
heart of the City, along a major north-south corridor. Much of the traffic along the
corridor is residential, accessing homes to the west. At the same time, the District has
good access to 1-95 for truck traffic along Congress Avenue, and access to railroad
sidings. Nearby residential character and high visibility indicate the need for caution in
the intensity of development allowed. Road and rail access, and the need for jobs
indicate the need to encourage commerce-type development. Its central location
means that uses in the MIC District will impact much of the City's population on a daily
basis.
Planrr;ng and'Zoning Board St~aff Report - 7/2!/97
LDR Amendments to the Mixed Industrial and Commercial (MIC) District
Page 3
Major business types and uses represented in the district, expressed as an
approximate percent of the total acreage, include:
Type of Use Acres Percent
Vacant Land 42.0 22.0
Merchant - Wholesale 24.0 13.0
Contractor 18.2 10.0
Merchant - Retail 16.8 9.0
Storage 15.4 8.0
Auto Repair & Related Uses 11.9 6.0
Vacant Building 11.8 6.0
Manufacturing 10.2 5.5
Concrete Plant 9.9 5.5
Office 9.0 5.0
Miscellaneous 9.0 5.0
Residential 5.0 3.0
Junk Shop or Dealer 2.1 1.0
Cabinetry 0.9 0.5
Print Shop/Publishing 0.9 0.5
Total 187.1 100.0
The business types above were those shown on the occupational license records as of
March 1997. This creates some skewing of the acreage results, but the relative
proportions are useable. For example, Passeri Marble, on 0.59 acres, has three
licenses (retail merchant, wholesale merchant, and contractor). The table above
distributes the acreage equally among the three business types.
The individual businesses and groups also influence the character of the district.
Levenger's and ABC Carpet are prominent large uses, and are reflective of some of the
higher quality MIC development that has occurred in recent years along Congress
Avenue. Much of the remaining uses fronting Congress and Atlantic Avenues are
either auto repair shops or home improvement suppliers, such as tile, wood and mica,
and silk plants. Less visible from major roads are industrial uses such as trucking and
equipment, lumber yards, and roofing contractors.
While the list of existing uses is faidy broad, and exhibits many of the uses allowed in
the district, there are some patterns inferable that may counter the philosophy of the
district. These anomalies may be counter-productive to the intended goal of the district
- the creation of quality employment opportunities.
The district is over 27% vacant. There are approximately 42 acres (22%) of vacant
land, and 11.8 acres (6.0%) of land with vacant buildings. Auto repair, paint and body,
towing, and closely associated uses constitute approximately 6.0% of the total area
Planning and Zoning Board Staff Report - 7/21/97
LDR Amendments to the Mixed Industrial and Commercial ('MIC) District
Page 4
zoned MIC. While these uses are necessary, they are relatively Iow generators of jobs.
In addition, these uses are often unsightly neighbors for businesses seeking new or
expanded locations, and may simply draw other like uses to the area. Finally, they
have relatively little interaction with surrounding uses. Junk shops or dealers (a non-
conforming use) make up about 1.1% of the district. This use is generally unsightly,
and can be detrimental to attracting other, higher quality uses.
There is a lack of synergy within the district. Sufficient suppliers are not found in
proximity with the contractors who use the materials. Noted exceptions are the
concrete plants and tile businesses located in the area with construction companies.
Services which would support small businesses, including equipment rental, hardware,
lumber yards, and business services are under-represented.
As noted with previous discussions on the subject, many of the MIC issues that have
been raised concern the appearance and intensity of uses along Congress Avenue,
especially the section of Congress between Lake Ida Road and Atlantic Avenue. Much
of the development south of Atlantic is in industrial parks, office buildings, and
warehouse/storage complexes. For the most part, the developments are well
landscaped and maintained. In order to encourage development that is of a similar or
better quality in other highly visible MIC-zoned areas, it is appropriate to exert additional
controls on the types of uses that will be permitted.
Recent Board Discussion
The MIC district was discussed with the Board at its workshop meeting of May 19,
1997. Staff presented an overview of the character of the uses in the district, and
received feedback from the Board on several areas, including: modification of the caps
for office and retail; uses which might be prohibited; and uses which might be added.
The Board's general consensus was that the Distdct regulations should be modified to
achieve two goals:
· Incorporate flexibility to allow more office uses in the district.
· Restrict some of the more intense uses which would detract from the character of
the district.
The proposed amendments would result in the following changes in categories of uses:
Permitted Use.~:
Business and professional offices are retained as permitted uses, but the 25% cap on
their proportion of floor area has been deleted. These uses are also combined into one
Planning and Zoning Board Staff Report - 7/2.1/97
LDR Amendments to the Mixed Industrial and Commercial (MIC) District
Page 5
category. Medical offices are not included, since the character of their customer base
and operations differ markedly from the intent of the MIC District.
Automobile and boat repair uses are being transferred from the category of permitted
uses to that of conditional uses. This will allow an opportunity to exert greater control
over their potential impact on the area. An example of this impact would be the location
of parking and storage areas relative to Congress Avenue. Additionally, there is
concern that buildings which are constructed initially for warehouse uses, with a Iow
rate of required parking, convert to auto repair uses over time, with no review process
to insure that there is adequate parking to accommodate the demand.
Conditional Uses:
The proposed changes create two categories of conditional uses: those that are
permitted throughout the district, and those that are permitted only on properties that do
not have frontage on an artedal roadway. Arterial roadways with MIC zoning include
Congress Avenue, Atlantic Avenue, and Linton Boulevard. The uses that are being
restricted from those areas are those that, because of their extensive outside storage
requirements, are inconsistent with the desired appearance and character of
development along these major visible roadways. These uses include garages and lots
for the storage of vehicles; storage and rental of light construction equipment;
monument/ornamental stone cutting that has an outside storage component; and the
rental or sale of modular buildings. In addition, adult entertainment establishments are
being restricted from these locations because, while they are to be accommodated
within the City, they are inconsistent with efforts to promote higher quality development
and a industrial/office oriented employment base along the MIC corridor. Lumberyards
were considered for inclusion in the category that would not be permitted on an arterial
roadway. However, as lumberyards store the bulk of their materials indoors and
generally include a retail sales operation, it was determined that they should not be
further restricted as to their location.
Resource recovery facilities and towing services are deleted from the list of allowable.
conditional uses due to their overall negative impact on the District. These impacts
include noise, odor, heavy truck traffic, and visual impacts related to the outside storage
of such "inventory" as wrecked cars and aluminum cans. However, a specific category
of material and component recovery operation, which is similar to fabrication, is being
added.
Creation of Nonconforming Uses
The proposed amendments would cause only a few existing businesses to become
nonconforming. There are two towing companies that would become nonconforming,
and one stone cutting business on Congress Avenue that has outside storage and
would become nonconforming as to its location on an artedal road. Approximately 48
Planning and Zoning Board Staff Report - 7/21/97
LDR Amendments to the Mixed Industrial and Commercial (~lC) District
Page 6
auto repair businesses and one boat repair shop would change from permitted to
conforming conditional uses. As a conditional use, any future expansions or significant
changes to these businesses would have to be processed as a conditional use
modification, possibly reqUiring a public hearing.
Based on analysis of the current allowable uses in the MIC district, and the direction of
the City Commission to upgrade the character of uses and development within the
district, recommend amendments to LDR Section 4.4.19 Mixed Industrial and
Commercial (MIC) District as attached.
Attachment:
· Proposed Amendments to Section 4.4,19, MIC District
S:\adv\MIC8
Section 4.4.19. Mixed Industrial and Commercial (MIC) District:
(A) Purpose and Intent: The Mixed Industrial and Commemial (MIC)
District is created in order to provide for a mix of industrial, commercial, and
office use in a single zone district. The uses allowed are intended to enhance
employment opportunities in the industrial, manufacturing, and trade sectors.
with SUDDOrtinQ business and professional office functions.
and r Retail uses are appropriate on a limited basis, bu! and only as a
~....,~ ..... h~..k h~o ;..~..~*r~... ..... The
secondary use wheR within the distdct a ........ .
MIC District is to be located in areas designated for the pdmary use - industry
and commerce - as shown on the Future Land Use Map.
(B) Principal Uses and Structures Permitted: The following types of
use are allowed within the MIC District as a permitted use:
(1) Industrial Uses. The manufacturing, fabrication and wholesale of
items and other uses as described in Section 4.4.20(B) (1) (2) and (3).
(2) Service Industry. Uses which provide an off-site service but
maintain inventory, storage and an office at a central location, as described in
Section 4.4.20 (B)(5).
(3) Business and Professional Offices. including, but not limited to
finance, insurance, real estate, accounting and bookkeeping services.
advertiSing services, photographic studios, architectural and engineering
services, comDuter and data orocessing services, correspondence and
vocational schools, credit reporting and collection, detective and protective
services, legal services, travel agencies, and general offices for an individual.
partnership or corporation.
(4) Retail trade. Retail uses as a secondary use within any one
building that has as its primary, occupant an industrial or service industry, use, but
only to the extent that the floor area for all retail use (either accessory to an
industrial use or not) shall not exceed 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) Hobbies, games, and toys
(f) Jewelry, gifts, novelties
(g) Luggage and leather goods
(h) Mail order houses
(i) Radio and television sets
(j) Seasonal holiday items (Christmas trees, fruit baskets, other seasonal
items)
(k) Sporting goods, including bicycles [Amd. Ord. $8-95 1117/95] -
(5) Interior Design and Furnishings: The wholesale, retail, storage
and distribution of home furnishings, floor coverings, wall coverings, lighting, and
other items related to the finishing and furnishing of interior space. [Amd. Ord.
58-95 11/7195]
(6) Other Processes and Activities: The following activities may also
be conducted:
(.a) Dry_ cleaning and laundering
(b)Emissions testing
(C) A~es$ol'y_ Uses and Structures Permitted: The following uses
are allowed when a part of, or accessory to, the principal use:
(1) Parking lots
(2) Refuse and service areas
(3) Provisions or services and repair of items incidental to principal
uses.
(4) Storage of inventory, equipment, vehicles, or materials, within a
structure or in an approved outside locations. [Amd. Ord. 60-93 10/12/93]
(5) The conducting of auctions incidental to a principal use, and
subject to the provision of parking at the rate required for general commemial
uses. [Amd. Ord. 30-94 $121/94]
(D) Conditional Uses and Structures Allowed:
(1) The following uses are allowed as conditional uses within the MIC Zone
District: [Amd. Ord. 55-90 11113190]
9/! ~;/~-~' rA..,~.,4 n..,4 A_Cl4 !;29/9! A...., n.-., ,~,c_on 4414qlnlll
(43-) (a) Kennels, no on-site disposal of carcasses.
(4-) (b) Lumberyards.
(,?~) (c) Monument and ornamental stone cutting, with no outside storage.
/~ Rcnta! '~-d °'~'~'° cf """'~'""" h,,;,,~; .... [?.md. O"'" 4-9! !/29/9!]
(d) Material and component recovery_ for reuse, such as the
disassembly and resale of computer components, appliances, and electrical
components. This does not include resoume recovery facilities as described and
regulated by Section 4.3,3(Z).
(e) Automobile paint, body. and repair shops.
Boat repair and service.
(2) The following additional uses are allowed as conditional uses in the MIC
zoning district, however, such uses may not be established on properties having
frontage along an artedal roadwaY:
(a) Adult Entertainment Establishments. pursuant to the provisions of 2.4.5(E).
(b) Garages and lots for the parking and storage of vehicles, including the
storage of light trucks, up to and including, two-ton trucks.
(c) Storage and rental of light construction equipment not over twenty-four feet
(24') long, eight feet (8') wide. and ten feet (10') high,
(d) Monument and ornamental stone cutting with accessory_ outside storage.
(e) Rental and sales of modular buildings,
(E) Review and Approval Process:
(1) In established structures, uses shall be allowed therein upon
application to, and approval by, the Chief Building Official for a certificate of
occupancy.
(2) For any new development approval must be granted by the Site
Plan Review and Appearance Board pursuant to Sections 2.4.5 (F), 2.4.5(H),
and (I).
(F) Development Standards: The development standards as set
forth in Section 4.3.4 shall apply.
(G) Supplemental District Regulations: The supplemental distdct
regulations as set forth in Article 4.6 shall apply. [Amd. Ord. 60-93 10112/93]
(H) SPecial Regulations:
(1) Loading and unloading shall be restricted to side and rear yards
and shall be prohibited within the front yard setback.
(2) Within the front yard setback, the first ten feet (10') abutting the
right-of-way shall be a landscaped area within which no paving shall be allowed
except for driveways and walkways leading to structures on the premises. Such
driveways and walk'ways shall be generally perpendicular to the property line.
(3) Overhead doors shall be prohibited from facing a public right-of-
way. [Amd. Ord. 58-95 11/07/95]
(4) Except for outside storage approved pursuant to Section 4.6.6(C)(2),
all principal and conditional uses shall be conducted within an enclosed building.
[Amd. Ord. 58-95 111~)7/95; Amd. Ord. 75-94 10/18/94]