Loading...
104-85 ORDINANCE NO. 104-85 AN ORDINANCE OF THE CITY COUNCIL OF THE CIT,Y OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30, "ZONING", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 30-13.1, "LC LIMITED COMMER- CIAL DISTRICT", BY AMENDING SUBSECTION (A), "PURPOSE", TO ESTABLISH CERTAIN STANDARDS FOR THE LC LIMITED COMMERCIAL DISTRICT; BY AMENDING SUBSECTION (B), "PERMITTED USES", BY PROVIDING FOR DRY CLEANING, LIMITED TO 1500 SQUARE FEET, DRY CLEANING PICK-UP STATIONS, HOME FURNISHINGS, TRAVEL AGENCIES, AND TV SALES AND REPAIR USES, AND BY DELETING COCKTAIL LOUNGES, BARS, AND PACKAGE LIQUOR STORE USES; AND BY AMENDING SUBSECTION (C), "CONDITIONAL USES", BY PROVIDING FOR COCKTAIL LOUNGES AND BARS TO PROVIDE SUFFICIENT INGRESS AND EGRESS, AND BY PROVIDING FOR GASOLINE SERVICE STATIONS, EXCEPTING THAT NO GAS STATIONS SHALL BE PERMITTED IN THE GEOGRAPHICAL AREA PRESENTLY LOCATED ON EAST ATLANTIC AVENUE BOUNDED ON THE WEST BY THE INTRACOASTAL WATERWAY AND ON THE EAST BY THE ATLANTIC OCEAN; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 30-13.1, "LC Limited Commercial District", Subsection (A), "Purpose", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (A) PURPOSE The LC zoning district is intended to provide an area for limited retail commercial activities and offices, located in completely enclosed buildings, I~m~t½y - -loeet ed- -i~t - ~{~e- - area- ~er~- - ~t- - A~t~nt4e- - ~ue~ - -bet~wee~- -~he ~n~-~st~t-~at~rwa~-and--t{~e--A~tm~t-ie--Oeean in order to preserve the character of certain specialty retail and office centers, to ensure that certain high visibility areas are attra.ctively developskl, or to gain greater control over the impacts of commercial activities which are located adjacent to residential areas, schools and other sensitive uses. Section 2. That Section 30-13.1, "LC Limited Commercial District", Subsection (B), "Permitted uses", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (B) PERMITTED USES All developments whose total floor area exceeds 5,000 square feet shall be subject to Section 30-22 Site and Development Plan Approval. (1) Antiques (2) Art galleries, supplies and crafts (3) Auctions (4) Bakeries (5) Barbershops (6) Bath shops (7) Beauty shops (8) Boarding and rooming houses (9) Bookstores (10) Broadcasting studios (11) Business machines, including service (12) Business offices (13) Caterers (14) Cheese shops ~6~ (15) Confectioneries ~ (16) Cosmetics ~8~ ~ Delicatessens ~½9~ ~ Department stores ~0~ ~ Draperies and slipcovers ~½) (20) Drugstores (21) Dry Cleaning, limited to 1500 sq. ft., customer pick-up only (22) Dry cleaning pick-up stations ~) (23) Exercise facilities ~ ~ Financial institutions, including drive-in facilities ~4~ (25) Florists (~6~ (26) Food Stores ~6~ ~ Gift shops ~) (28) Health foods ~8~ (29) Hearing aids ~9~ ~ Hobby shops ~ Home furnishing.s ~a0~ (-~ Ice cream parlors ~½~ (33) Import 'shops ~ ~ Interior decorator shops ~ -C~ Jewelers ~4~ (-~ Leather goods ~6) (37) Libraries ~6~ ~ Luggage ~ ~ Museums ~8~ (40) Music shops ~ag~ (41) Newsstands ~40~ (42) Optical equipment ~4½~ -C~ Parking lots and parking garages ~4~) (44) Photographic equipment and supplies (4~ (45) Photographic studios ~44~ (46) Professional offices ~46~ ~ Restaurants ~46~ ~ Sewing supplies ~4~) ~ Single family residences, occupied by the owners of the business, and located on the same parcel of ]and, either above or behind the commercial use. ~48~ (50) Sporting goods ~49~ (51) Stationery ~50) (52) Tailoring ~5~:) ~ Tobacconist (SB) -~ Toy shops (55) Travel Agencies (56) TV sales and repair (5~) ~ Wearing apparel and accessories for men, women, and children Section 3. That Section 30-13.1, "LC Limited Commercial District", Subsection (C), "Conditional uses", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (C) CONDITIONAL USES As prescribed in Sec. 30-21, and after the review of the application and plans appurtenant thereto, and hearing thereon, the Planning and Zoning Board finds ds a fact that the proposed use or uses are consis- tent with good zoning practice, not contrary to the Master Plan, and not detrimental to the promotion of public appearance, comfort, convenience, general welfare, good order, health, morals, prosperity, and safety of 2 ORD. NO. 104-85 the City, the following uses may be recommended to the City Council as Conditional Uses: (1) Adult congregate living facilities, subject to Sec. 30-17(T) (2) Board and care homes, subject to Sec. 30-1(8) (3) Churches or places of worship, including their attendant educational, recreational, and columbarium facilities (4) Clubs and lodges, including fraternal, recreational, and social (5) Cocktail lounges and bars subject to Chapter 3. Cocktail lounges and bars shall provide a sufficient exterior ingress and egress ~6~ (6) Community center facilities ~ Gasoline service stations, subject to Sec. 30-17(2)(H). However, in the geographical area presently located on East Atlantic Avenue bounded on the west by the Intracoastal Waterway and on the east by the Atlantic Ocean, no gas stations shall be permitted. (6~ (8) Hotels and motels ~7~ (9) Multiple family projects and their attendant recreational facilities, subject to Site and Development Plan Approval (Sec. 30-22). These projects shall comply with the district requirements for the RM-15 zoning district ~8~ (10) Natural resource utilities (9~ ~ Public utilities ~0~ (12) Resort dwelling units, subject to site and development plan approval. These projects shall comply with the district requirements of the RM-15 zoning district Section 4. 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 5. That this ordinance shall become effective ten (10) days after its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 24th day of September , 1985. MAYOR ~' ATTEST: City .~rk First Reading September 10, 1985 Second Reading September 24, 1985 3 ORD. NO. 104-85