33-97 ORDINANCE NO. 33-97
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..,,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. ~ /~~ /~ /~
~~l I1~~ I~ IS ~etail uses are appropriate on a limited
basis, ~ and only as a secondary use ~J 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.
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 reportinq and
collection, detective and protective services, leqal services, travel
aqencies, and qeneral offices for an individual, partnership or
corporation.
- 2 - Ord. No. 30-97
(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, 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
(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
(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 followinq
activities may also be conducted:
(a) Dry cleaninq and launderinq
(b) Emissions testinq
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. 33-97
Ii
!i ~y (a) Adult Entertainment Establishments, pursuant
! to the provisions of 2.4 5(E)
"
i! I~Y (b) Kennels, no on-site disposal of carcasses
i~ (c) Material and component recovery for reuse such
as the disassembly and resale of computer
" c..omponent s, appliances, and electrical
~' components This does not include resource
~.i recovery facilities as described and requlated by
" Section 4.3.3 (Z} .
/gY (d) Towing services, with no outside storaqe. ~
(e) Automobile paint, body, and repair shops
(f) Boat repair and service
(2) The followinq additional uses are also allowed as
conditional uses in the MIC zoninq district. However, any outside
storaqe associated with such uses may not be located within one
hundred and fifty feet (150') of any property line adjacent to an
arterial roadway (excludinq Interstate 95/:
(al Lumberyards
(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
(d) Monument and ornamental stone cuttinq
(e) Rental and sales of modular buildinqs
- 4 - Ord. No. 33-97
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 23rd day of September , 1997.
ATTEST:
First Reading September 9, 1997
Second Reading September 23, 1997
- 5 - Ord. No. 33-97
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~CITY I~AGER
SUBJECT: AGENDA ITEM #/O~~ REGULAR MEETING OF SEPTEMBER 23, 1997
ORDINANCE NO. 33-97 (MIXED INDUSTRIAL AND COMMERCIAL
DISTRICT)
DATE: SEPTEMBER 19, 1997
This is second reading and the second public hearing for Ordinance
No. 33-97 which amends LDR Section 4.4.19, "Mixed Industrial and
Commercial (MIC) District". The ordinance clarifies the purpose
and intent of the district and also amends the allowable uses.
Ordinance No. 33-97 reflects the changes directed by the
Commission with respect to the location of certain uses with
outside storage being confined to less visible locations on
non-arterial roadways.
At first reading on September 9, 1997, the Commission passed the
ordinance by unanimous vote.
Recommend approval of Ordinance No. 33-97 on second and final
reading.
ref:agmemol8
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY Mg2XlAGER~
ORDINANCE NO. 33-97 (FIRST READING/FIRST PUBLIC HEAR-
ING)
DATE: SEPTEMBER 5, 1997
On August 19, 1997, Ordinance No. 30-97 regarding the MIC
district was voted down on first reading. The Commission
directed certain modifications be made to the ordinance with
respect to the location of certain uses, with outside storage
being confined to less visible locations on non-arterials.
Ordinance No. 33-97 reflects the changes directed by Commission
and is before you for first reading.
Recommend approval of Ordinance No. 33-97 on first reading. If
passed, second reading and second public hearing will be held
September 23, 1997.
~1~ Boca Raton News, Wednesday, September 17 1997
CITY OF DELRAY BEACH
NOTICE OF PERMITTED USE AND
CONDITIONAL USE CHANGE WITHIN
'THE MIXED INDUSTRIAL AND
.COMMERCIAL (MIC) DISTRICT .,:
The City Commission of the City of Delray Beach, Florida, pro-
poses to adopt the following ordinance:
ORDINANCE: NO. 33-97
AN ORDINANCE OF THE CITY COMMISSION OF THE ClT~.
OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.19,
"MIXED INDUSTRIAL AND COMMERCIAL (MIC) DISTRIC3':',
OF THE LAND DEVELOPMENT REGULATIONS OF THE CI]St'.
OF DELRAY BEACH, BY AMENDING SUBSECTION 4.4.1:9
(A), "PURPOSE AND INTENT", TO CLARIFY THE INTENDED
GOAL OF THE DISTRICT; AMENDING SUBSECTION 4.4.19.
(B), "PRINCIPAL USES AND STRUCTURES PERMI'I-I'ED",
AND SUBSECTION 4.4.19 (D), CONDITIONAL USES
STRUCTURES ALLOWED", TO MODIFY THE ALLOWABt:E
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 prO-:
posed ordinance. The first Public Hearing will be held on TUES-:
DAY, ~EPTEMBER g, 1997, AT 7:00 P,.M. (or at any continua-
tion of such meeting which is set by the Commission), in
Commission Chambers at City Hall, 100 N.W. 1st Avenue~..
Delray Beach, Florida. If the ordinance is passed on first reE~:'
lng, a second Public Hearing will be held-on TUESDAY. SEP-
TEMBER 23. 1997. AT 7:00 P.M. (Or at any continuation of s~;
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 c, oa~
ments in writing on or before the date of these hearings to
Planning and Zoning Department. For further information or-T~~
obtain a copy of the proposed ordinance, please contact the
Planning 'and Zoning Department, City Hall, 100 N.W. ~t.
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 T~)
APPEAL ANY DECISION MADE BY THE CITY COMMISSION
WITH RESPECT TO ANY MATTER CONSIDERED AT THESE
HEARINGS, SUCH PERSON MAY NEED TO ENSURE THATA
VERBATIM RECORD INCLUDES THE TESTIMONY AND EVI-'
DENCE 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,
September 2, 1997 Alison MacGregor Harty
September 17, 1997 City Clerk .,.
'A PUBLIC ttEA~IUG MU ~ M~i on
~ m ..w. ~ A~,
~. ~ ~ ~i~
C~ M C~ ~1, ~ N.~.
~ ~1 ~ ~ ~ i~ Z~ED ~ ~ ~I~
~-M ~ ~ ~ ~ ~ ~ RESI~NTI~) DISTRI~ IN THE
~~I. CF I~UNITY FACILITIES) DI~
TRI~; ~D ~gD BEING L~T-
I~ ED ~ THE WEST SI~ OF S.i. 1ST
A~gUE, APP~XI~TELY
T~ 4.4.~, ~IXED IN~STRIAL ~1~ ~P ~ ~L~Y BEACH,
~D C~ERCIAL (MIC) DI~ ~1~ ~; PR~IDING A
TRIC~, OF THE ~gD DEVELOP- ~ERAL RE~ALER C~USE, A
IgT REGU~TI~S ~ THE CITY ~VI~ C~USE, AND AN EFFEC-
~ ~LRAY B~CH, BY ~EN~ TIVE~TE.
I~ SU~E~IOg ~4.~ IA),
~ ~D IgTEN~, TO C~R- I~
I~ THE IgTEg~D ~L ~ THE
~RICT; ~EgDING SUBSEC-
T~ ~.~), ~IgCIPAL USES ~1~1~ ~ THE ~1~ ~ DELRAY
~ STRUCTURES PE~ITTE~, ~H, F~I~ ~gDING
~D SUB~I~ ~4.~IDI, ~ER ~, ~ARKS, B~CHES,
~IT~AL USES AND ~RUC- ~D EE~T~, ~ THE CODE
~ES ~[~, TO ~IFY ~ ~DI~ES ~ THE CITY OF
THE ~L~ABLE USES WITHIN ~L~Y ~CH, BY ~ENDIflG
THE MIXED Ig~STRIAL AND ~ ~.~ ~FIgITI~, TO
~ERCIAL DISTRICT; PROVI~ -~1~ ~ ~ I~US~ OF
I~ A GENERAL REPEALER ~ED '~R~ GENER-
~USE, A ~VING C~USE, AND ~Y L~TED ~TN ~ BEACH
~ EFFECTIVE DATE. ~IVE
~ ~ ~E FULLY DE-
I~ ~RID HEREIN, ~ PART OF
~ ~UglCIPAL B~CH; PROVI~
~ ~DI~gCE ~ THE CI~ C~ I~ A ~VI~ C~U~, A GENER-
~l~lOg ~ THE Cl~ ~ DELRAY AL RE~ALER C~U~, AND
B~CN, FLORI~, ~ENDING EFFE~IVE ~TE.
~A~ER ~, ~ATER', OF THE
~E ~ ORDINANCES OF THE II~
CI~ ~ ~LRAY BEACH, BY
~gDIgG SE~ION ~, ~ATER
~TES', SUBSECTI~ ~.~ (B], TO ~1~1~ ~ THE CITY OF DELRAY
~1~ FOR I~SED RESI. ~H, F~I~ ~ENOlgG
~R ~, ~PLOYEE ~1;
~IA~ ~RESI~flTIAL AND
IRRIGATI~ ~TE$ FOR FY 1~1 CI~ AND BENEFtTS~,
~; PR~IDI~ A ~gE~L RE. ~ETIR~ENT P~, OF THE
~ER C~USE, A ~VING ~ ~ ~DINANCES OF THE
C~USE, ~D Ag EFFE~IVE CITY OF DELRAY ~CH, FLORI-
~TE. ~ BY ~EgDIgG SE~ION ~gT,
~ETIR~ENT I~E; BASIS,
I~ ~gT AND PAYiNg; ~EN~
I~ SUBSECTION (A) OF ~ID SEC.
Afl ~DINA~CE OF THE CITY C~ TfOg, ~L RETIREMENT
~l~g OF THE CITY OF DELRAY ~ TO PR~IDE THAT THE
~H, FLORIDA, ~ENDING ~L ~ OF BENEFIT FOR
C~ER g, ~NITARY SEWERS~, PARTICIPANTS WHO ARE NOT
~ THE CODE OF ORDINANCES OF ~RIED AT TNE TIME ~ RE-
~R~T IS A SINGLE LIFE AN-
THE CITY ~ DELRAY BEACH, BY
~EgDING SECTION ~.1~, ~SER [ gUl~; ~gDl~ SUBSECTI~
~RGES; WHeEdLE SEWER ~(C) ~ ~ID SECTI~, ~I~BILITY
R~IREME~T ~D RETIR~NT
RATES;
~CU~TIO~
OF
SEWER
~t~, TO R~E ~E~SEO
~RCHARG~ SUBSECTI~ ~.1~
ID), TO P~VI~ FOR IgCR~ED L~ITATI~S ON DI~ILI~ BEN-
RE$1~NTIAL AND ~NRESI~N- ~ITS; .~ENDI~ SUBSECTI~
TIAL I C~RCIAL RATES FOR [J} ~ ~ID SECTI~, ~I~UM
~ ~; PROVIDI~ A GEgER- ~gSl~, TO C~FORM TO RE-
~ REP~LER C~USE, A ~VING ~gT C~ES IN FE~L
C~USE, AND ~ EFFECTIVE ~; ~NDING SECTION ~,
~TE. ~P~TAL R~IR~NT
IgC~E ~D MIglMU~ ~EflE.
I~ FIT~, TO C~RIFY THE MINIMUM
~EFIT PAYABLE ~ MULTIPLE
A~ ~DINANCE ~ THE CITY C~ BENEFICIARIES ~ A PARTICI-
~I~ION ~ THE CITY ~ DELRAY PANT; ~OVIDI~ A ~VINGS
~CH, FLORID~ ~ENDING ~U~E; PROVIDING Ag EFFEC-
~A~ER g, ~ARBAGE AND '~ TI~ ~TE.
~, ~ THE C~E ~ ORDI-
~gCES OF THE CITY OF DELRAY
I~H, BY ~gDIgG SECTION c~
g~ ~EGU~R CHARGES LEV-
IE~, TO PROVI~ FOR Iff- ~ ~ ~ ~ ~is ~i~,
CR~ED RESIDENTIAL SERVICE,
~LT~ILY AND C~ERCIAL ~,
C~ECTI~ SERVICE RATES FOR ~ ~y ~ ~ ~e ~t ~ v~*
FY ~; PROVIDING A GENER-
~ REP~LER C~USE, A ~VING
C~USE, AND AN EFFECTgVE
~TE.
F.S. ~1~.
CiTY ~ DEL~Y ~CH
MI~I~ ~ THE CI~ ~ ~L~Y C~ C~
~CH, FLORI~ ~NDING
C~ER M ~TILITIES GENE~L-
LY; ~BLIC ~RVICE T~, SU~
~ ~E C~E ~ ~DI~NCES OF
T~ CI~ ~ ~LRAY BE~, BY
~DI~ SE~I~ M.I~ ~EVY
~ T~, TO I~R~E THE UTILI.
~ T~ F~ THE ~R~ OF
F~NG THE CI~'S B~UTIFI-
~T~ ~; ~IDI~ A
~L REaR C~USE, A
~VI~ C~U~, ~D AN EFFEC-
TIVE ~TE.
Ag ~D~ANCE ~ ~E Cl~
MI~I~ ~ THE CI~ ~ ~L~Y
B~CH, FLOR]~ REZ~I~ AND
~E~NTLY
CITY OF DELRAY BEACH
NOTICE OF.PERMITTED'USE AND
CONDITIONAL USE CHANGE WITHIN
THE MIXED INDUSTRIAL AND
· ' COMMERCIAL (MIC) DISTRICT'
The Cit~ Commission.of the City of Delray Beach, Florida; pro-
poses to adopt the following ordinance:~
ORDINANCE: NO. 33-97
AN ORDINANCE OF THE CITM 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 INTEN'F', TO CLARIFY THE INTENDED
GOAL OF THE DISTRICT; AMENDING SUBSECTION 4.4.19
(B), "PRINCIPAL USES AND STRUCTURES PERMI'I-FED",
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 pro-
posed ordinance. The first Public Hearing will be held on TUES-
DAY, SEPTEMBER 9, 1997, AT 7:00 P.M. (or at any continua-
tion of such meeting which is setr by the Commission), in the
Commission Chambers at C!ty Hall, 100 N.W. 1st Avenue,
Delray Beach, Florida. If the ordinance is passed on first read-
lng, a second Public Hearing will be held on TUESDAY, SEP-
TEMBER 23, 1997, AT 7:00 P.M, (or at any continuation of such
meeting which is set by the Commission).
All in'terested citizens are invited to attend the public hearings
and Comment upo~n the proposed ordinance or submit their com:
ments in writing on or before, the d~te of these heariClgs 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~ ~xcluding holidays .... . :: ... . :~.
'PLEASE BE ADVISED 'THAT. IF A pERsoN DEciDEslTO,
APPEAL'ANY DECISION MADE,BY THE CITY COMMISSION
WlTH.'~ES~ECT TO, ANY. MAT'!'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
ClTY'DOES.NQT PROVIDE NOR PREPARE SUCH RECORD.
PURSUANT TO .ES. 286-.0105.. - "
PUBLISH: BOCA RATON NEWS CITY OF DELRAY BEACH
September 2, 1997 Alison MacGregor Harry
September 17, 1997 City Clerk
CITY OF DELRAY BEACH
NOTICE OF PERMITTED USE AND CONDITIONAL USE CHANGE
WITHIN THE MIXED INDUSTRIAL AND COMMERCIAL (MIC) DISTRICT
The City Commission of the City of Delray Beach, Florida,
proposes to adopt the following ordinance:
ORDINANCE NO. 33-97
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,
SEPTEMBER 9, 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 23, 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
September 2, 1997 Alison MacGregor Harty
September 17, 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.
DRAFT
ORDINANCE NO.~-~9~
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 ASID
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 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, manufacturinq and trade sectors, with supportinq
business and professional office functions. ~ /~~ /~ /~f
~~Y/ //~f~ /~/~ ~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.
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 reportinq and
collection, detective and protective serVices, leqal serVices, travel
aqencies, and qeneral offices for an individual, partnership or
corporation.
//S6 I66
- 2 - Ord. No. 30-97
(4) Retail trade. Retail uses as a secondary use within
any one building that has as its Drimary 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, 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
(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
(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 followinq
activities may also be conducted:
Dry cleaninq and launderinq
(b) Emissions testinq
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
~y (~) Kennels, no on-site disposal of carcasses
_~ Material and component recove~ for reuse, such
as the disasse~ly 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).
¢~1~¢~1~1~1~i~1
i~9/~l~l .,
(~) Automobile paint, body, and repair shops
~i~ t,}~.. (~ Boat repair and se~ice
~~k~ (2) The followinq additional uses are allowed as
A~c.6nditional uses in the MIC Zoninq district. However, such uses may
IN'0 h'ot be established on properties havinq frontaqe alonq an arterial
roadway:
(a) ~ ~r~a~en~ est~zi~~~~~
~e ~vi~ ~.~(z~
(b) garaqes and lots for the parkinq and storage of
vehicles, includinq the storaqe of liqht trucks,
up to and includinq two-ton trucks
(c) Storaqe , and rental of liqht construction
e~ipment not over twenty-four feet (24') lonq,
eiqht feet (8') wide, and ten feet (10') high
- 4 - Ord. No. 30-97
(d) Monument and ornamental stone cutting
re) Rental and sales of modular buildings
~ .... ~ ' -ut~id~ ~t~rag~
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
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 indk~strial, manufacturing, and trade sectors.
with SUDDOrtina business and professional office functions.
~nd ~ ~e~ail uses am appropriate on a limited basis, bu~ and only as a
se~nda~ use ~ within the district a ~' ,;IA; ..... h;~h ""~ ;"~""*';"' ..... The
MIC District is to be located in areas designated for the prima~ use - indust~
and commerce - as shown on the Future Land Use Map.
(B) Prin~ipel 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-pem=~l 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, architectiJral end engineering
services, computer and data processing services, correspondence and
vocational schools, credit reporting and collection, detective end 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, 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
(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. 58-95 11/7/95]
(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 11/7/95]
(6) Other Processes and Activities: The following activities may also
be conducted:
(a) Dry. cleaning and laundering
(b)Emissions testing
(C) Accessory_ Uses and Structure,~ 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 commercial
uses. [Amd. Ord. 30-94 6121194]
(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) Adult Entertainment Establishments, pursuant to the provisions of
2.4.5(E); [Amd. Ord. 4-91 1/29/91, Amd. Ord. 55-90 11/13/90]
(43-) (b) Kennels, no on-site disposal of carcasses.
D,~n~,~l o~1 ~,,-~l,~, ,-,~ m,'w4, H~r I~,Hl~l;n,-~,~. rh,~,4 lml~.,.I ~4_134 41'3t311341
(c) 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
regulated by Section 4.3.3(Z).
(9-)~..,/'~ Towing services ~ with no outside storage.
l't~.,4 ~i _~4 4 1'3~1~41
(e) Automobile paint, body. and repair shops.
(f) Boat repair and service.
(2) The following additional uses are also allowed as conditional uses in the MIC
zoning district. However. any outside storage associated with such uses may
not be located within one hundred and fifty feet (150') of any property line
adjacent to an arterial roadway (excluding Interstate 95):
(a) Lumberyards.
(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 cuffing.
(e) Rental and sales of modular buildings.
(E) w 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 Regulaticn$: The supplemental district
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 walkways shall be generally perpendicular to the property line.
(3) Overhead doors shall be prohibited from facing a public right-of-
way. [Amd, Ord, {i8-95 1'1/07/95]
(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. $8-95 11/07/95; Amd. Ord. 75-94 10118/94]