115-85 ORDINANCE NO. 115-85
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30,
"ZONING", OF THE CODE OF ORDINANCES OF THE CITY OF .
DELRAY BEACH, FLORIDA, BY AMENDING SECTION 30-12,
"SC, SPECIALIZED COMMERCIAL DISTRICT", BY AMENDING
SUBSECTION (B), "PERMITTED USES", BY LIMITING USES
INVOLVING THE SALE OF AUTOMOTIVE PARTS TO THOSE USES
WHICH INVOLVE THE RETAIL SALE OF AUTOMOTIVE PARTS,
AND BY DELETING THE FOLLOWING PERMITTED USES:
AUTOMOTIVE PAINT AND BODY SHOPS, AUTOMOTIVE RENTAL
AGENCIES, AUTOMOTIVE REPAIR SHOPS AND GARAGES,
AUTOMOTIVE SALES, AUTOMOTIVE WASH ESTABLISHMENTS,
MOTORCYCLE SALES, MUFFLER SHOPS, PARKING LOTS AND
GARAGES, RECREATION VEHICLE SALES, REPAIR SHOPS,
TIRE SALES, REPAIRING AND RECAPPING, TRUCK RENTAL,
TRUCK SALES; AND BY RENUMBERING ALL PERMITTED USES;
BY AMENDING SUBSECTION (C), "CONDITIONAL USES", TO
ADD THE FOLLOWING AS CONDITIONAL USES: AUTOMOTIVE
PAINT AND BODY SHOPS, ONLY WHEN ACCESSORY TO A FULL
SERVICE AUTOMOTIVE DEALER; AUTOMOTIVE PARTS, WHOLE-
SALE SALES; AUTOMOTIVE RENTAL AGENCIES; AUTOMOTIVE
REPAIR SHOPS AND GARAGES, ONLY WHEN ACCESSORY TO A
FULL SERVICE AUTOMOTIVE DEALER; AUTOMOTIVE SALES;
AUTOMOTIVE WASH ESTABLISHMENTS; MOTORCYCLE SALES;
MUFFLER SHOPS; PARKING LOTS AND GARAGES; RECREATION
VEHICLE SALES; REPAIR SHOPS, EXCLUDING AUTOMOTIVE
REPAIR; TIRE SALES, REPAIRING AND RECAPPING; TRUCK
RENTALS; TRUCK SALES; RENUMBERING ALL CONDITIONAL
USES; PROVIDING A REPEALER CLAUSE; 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:
~. That Section 30-12, (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) Appliances
(3) Art galleries, supplies, and crafts
(4) Auctions
~+ Au~e~e~ve-pe~ne-and-bo~y-shopo
~$+ (5) Automotive parts, retail sa~es on1¥
,~, Au~omee~ve-renee~-egene,es
~8~ Au~eme~ve-~epe~-eheps-efld-ge~a~ee
49+ Aueeme~ve-se~ee
~e+ Au~eme~ve-wesh-ee~eb~shmen~s
~+ (6) Bakeries
~+ (?) Barbershops
~9+ (8) Bath shops
~4+ l~l Beauty salons
~S+ LL0_~Bicycle sales
~6+ /ill Boarding and =ooming houses
<~+ L1/IBoat sales
<~e+ ~ Booksto=es
~e+ ~ Broadcasting studios
{153 Business machines
(16) Business offices
(17) Butcher shops
(18) Carpets and floor coverings
(19) Carpet cleaning facilities
(20) Caterers
(21) Cheese shops
/2~Cocktail lounges, bars, and package liquor
stores, subject to Chapter 3
(23)Confectioneries
(24)Cosmetics
(25)Delicatessens
(26)Department stores
{27)Draperies and slipcovers
/2~ Drugstores
f29) Dry cleaning, limited to 1500 sq. ft., customer
pick-up only
(30) Dry cleaning pick-up stations
/~ Electrical fixtures
(32)Electronic equipment
(33)Equipment and tool rental, smali items
(34)Exercise facilities
(35) Exterminator service, excluding on-premise
fumigation
(36) Financial institutions, including drive-in
facilities
{37) Fish markets
(38) Florists
(39) Food stores
(40) Fruit and vegetable markets
(41) Garden supplies and plants
(42) Gift shops
(43) Glass and glazing shops
(44) Hardware, including paint and wallpaper
145) Health foods
(46) Hearing aids
(47) Hobby shops
(48) Home furnishings
(49) Ice cream parlors
(50) Import shops
{51) Indoor shooting ranges, subject to all require-
ments of the Occupational Safety and Health
Act, and the National Institute for Occupa-
tional Safety and Health
(52)Interior decorator shops
(53)Jewelers
(54)Laundromats, limited to self-service facilities
(55)Laundry pick-up stations
(56)Lawnmower sales
(57)Leather goods
(58)Libraries
(59)Luggage
(60) Medical and dental clinics, subject to Sec.
30-1(17)
(61)Medical and dental laboratories
(62)Medical and surgical equipment
<$~+ Me~e~eye~e-ea~ee
469+ Muf~e~-e~ope
(63)Museums
(64)Music shops
(65)Nautical supplies
(66)Newsstands
(67)Office furniture, equipment and supplies
(68)Optical equipment
ORD. NO. 115-85
~} (69) Pet grooming
~8} (70) Pet shops
~9} {71) Photographic equipment and supplies
~89+ (~2) Photographic studios
~8}+ (73) Pools sales and services
~8~ (74) Printing and publishing .
~9~} .(75) Professional offices
~94~ Reeeeee~en-veh~e~e-se~ee
~8%+ ~epe~-ehepe
%86} (76) Restaurants and snack shops, including drive-in
and drive-thru
~8q% (77} Sewing supplies
~88} (78) Single family residence, occupied by the owner
of the business, and located on the same parcel
of land, either above or behind the commercial
use
~99} (79) Sporting goods
~99} (80) Stationery
~9½} (81) Tailoring
~9~+ (82) Theaters, excluding drive-in
~94} (83) Tobacconist
~gS+ (84) Toy shops
~96+ ~euek-een~e~
~98~ (85) variety stores
~99+ (86) vocational schools, limited to art, business,
dancing, driving, modeling, and karate-judo
~½99~ (87) Wearing apparel, and accessories for men,
women, and children
~C~ma_~. That Sectio. 30-12(C). "Conditional Uses", of
the Co~e of Ordinances of the City of Delray Be~h, ~lori~a, be, an~ the
same is hereby amen~e~ to rea~ as fol~ows:
(C) CO~ITIONAL USES
As prescribed in Se~, 30-21, and after the review of the
application a~d p~ans appurtenant thereto, and nearin~
thereon, the Plannin~ ~.~ Zoni.~ Soar~ finds as a fact
that the propose~ use or uses a~e consistent with
zoning practice, not ~ontrary to the Master Plan, an~ not
detrimental to the promotion of public
~omfort, ~onvenience, ~enera~ welfare, goo~ or,er,
health, morals, prosperity, and safety of the City, the
followi.g uses m~y be rec~.en~e~ to the City Council as
Co.~itiona~ Uses:
(1) A~ult congregate living facilities, subject
Sec. 30-17(T)
(2) Amusement game facilities, limite4 to such uses
as ~inball, air hockey, electronic games,
other similar coin operated games, operate~
only when en attendant is on the premises
(3) Automotive paint and ~ody sno~s only
accessory ~o a fu~-service automotiue ~ea~e~
(4) Automotive ~arts. wholesale sa es
(5) Automotiv~ renta~ a~encies
(6) Automotiv9 re~air shops a~ ~are~es. o.~y when
accessor~ to a fu~-service automotive ~ea~e~
~7) Automoti~9
(8) Automotive wash establishme.ts
~3+ (9) Bus and taxi terminals
3 ORD. ~O. 11§-8~
~4} (10) Churches or places or worship, including their
attendant educational, recreational, and
columbarium facilities
~5~ /~1 Clubs and lodges, including fraternal, recrea-
tional and social
~6} (12) Communication and transmission facilities
~ (13) Community center facilities
~8~ (14) Day care centers, kindergartens, nursery
schools, and other preschool facilities,
subject to Sec. 30-17(M)
~9~ (15} Funeral homes
~e} (16) Gasoline stations, subject to Sec. 30-17(0)
~}}} [17) Rospitals, subject to Sec. 30-17(N)
~}~ {18) Rotels and motels
~½~% (19) Marinas
(20} Motorcycle ..sales
(21) Muffler shoDs
~½4} (22) 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 regula-
tions for the RM-15 zoning district
~}5}(23) Natural resource utilities
(24) Parking lots and garages
~6+(25) Public utilities
~} (26) Recreational establishments, including bowling
lanes, gymnasiums, health spas, miniature golf
courses, and skating rinks
(27)Recreational vehicle sales
(28)Repair shops, excludin~ automotive repair
~½8~ (29) Resort dwelling units, subject to site and
development plan approval. These projects
shall comply with the district regulations for
the RM-15 zoning district
~½9~ (30) Storage buildings for merchandise, when
accessory to and located on the same parcel of
land as the primary commercial use; and
provided that such storage buildings are not
shared or leased independent of the primary
commercial use of the building
(31)Tire sales, repairin~ and recappina
/_~Truck rental
(33)Truck sales
~e} (34) veterinary clinics, no on-site disposal of
carcasses
~. That all ordinances or parts of ordinances
which are in conflict herewith are hereby repealed.
· 9~_~. 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.
~_~_~. That this ordinance shall become effective
immediately upon its passage on second and final reading, and shall be
applicable to all properties retroactively to May 28, 1985.
4 ORD. NO. 115-85
PASSED AND ADOPTED in regular session on second and final
reading on this the 12th day of November , 1985.
ATTEST:
First Reading October 22, 1985
Second Reading November 12, 1985
5 ORD. NO. 115'-85