Ord No. 24-17 ORDINANCE NO.24-17
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES BY AMENDING SECTION 4.3.3, "SPECIAL
REQUIREMENTS FOR SPECIFIC USES", BY ADOPTING A
NEW SUBSECTION (C), TO BE ENTITLED "AUTOMOTIVE
RENTAL FACILITY" TO REGULATE THIS TYPE OF USE IN
BOTH THE"GENERAL COMMERCIAL(GC)DISTRICT"AND
THE"PLANNED COMMERCIAL(PC)DISTRICT" AS EITHER
A PERMITTED ACCESSORY USE ORA CONDITIONAL USE;
ADOPTING SUBSECTIONS 4.4.9(C)(7) AND 4.4.12(C)(5) TO
PERMIT AUTOMOTIVE RENTAL FACILITY AS AN
ACCESSORY USE IN THE GC AND PC DISTRICTS,
RESPECTIVELY; FURTHER AMENDING SECTION 4.4.12 BY
ADOPTING A NEW SUBSECTION (D)(6) TO ALLOW
AUTOMOTIVE RENTAL FACILITY,NEIGHBORHOOD AS A
CONDITIONAL USE IN THE PC DISTRICT AND WITHIN THE
FOUR CORNERS OVERLAY DISTRICT; ESTABLISHING
DEFINITIONS FOR THE "ACCESSORY" AND
"NEIGHBORHOOD" CATEGORIES OF AN "AUTOMOTIVE
RENTAL FACILITY USE BY AMENDING APPENDIX A
"DEFINITIONS"; PROVIDING A CONFLICTS CLAUSE, A
SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
WHEREAS, the purpose and intent of this Ordinance is to amend the LDRs to add
"Automotive Rental Facility"as a new accessory or conditional use within certain zoning districts
of the City; and
WHEREAS,the City desires to allow a commercial establishment that rents vehicles as an
accessory use within the General Commercial (GC) zoning district or Planned Commercial (PC)
zoning district if the use is associated with a large-scale home improvement/hardware retail
establishment that is at least 25,000 sq. ft. gross floor area in size; and
WHEREAS,the City desires to allow a commercial establishment that rents vehicles as a
conditional use if the use is located within the Planned Commercial(PC)zoning district and within
the Four Corners Overlay District; and
WHEREAS, the City desires to provide rules and regulations concerning the rental,
operations, on-site storage and vehicle maintenance related to a commercial establishment that
rents vehicles in either category of such use; and
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WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency (LPA), has determined that the amendments are consistent
with and further the goals, objectives and policies of the Comprehensive Plan; and
WHEREAS,pursuant to LDR Section 1.1.6,the Planning and Zoning Board reviewed the
proposed text amendment at a public hearing held on June 19,2017,and voted 7 to 0 to recommend
that the changes be approved; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the Ordinance is
consistent with the Comprehensive Plan.
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH,FLORIDA,AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That at Section 4.3.3, "Special Requirements for Specific Uses", a new
Subsection (C), to be entitled"Automotive Rental Facility" shall hereby be adopted in the Land
Development Regulations of the City of Delray Beach,Florida,which shall read as follows:
Section 4.3.3 Special Requirements for Specific Uses
(C') [Deleted by-Or-d.20 08 4�,c mQ, Automotive Rental Facility
(1) Purpose It is the intent of this section to regulate commercial
establishments that rent vehicles and that are located outside of the
Automotive Commercial(AC)zoning district by establishing the following
uses:
(a) Automotive Rental Facility,Accessory.
(b) Automotive Rental Facility,Neighborhood.
(2) General Rules and Regulations.
(a) These uses are restricted to vehicle rentals only. Vehicle sales are
not allowed.
(b) Operations related to these uses including but not limited to,vehicle
returns vehicle maintenance and customer queuing, shall not
impact the off-street parking lot circulation.
ORD.No.24-17
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(C) The square footage of the lease space for Automotive Rental
Facility Neighborhood shall be limited to five percent or less of the
gross square footage of the shopping center,inclusive of outparcels.
(d) Approval of a Class III Site Plan shall be required for the following:
i Modification to a site plan requesting a change of the
use of an existing building or portion of a building to Automotive
Rental Facility,Neighborhood.
ii. Modification to a site plan requesting to add the
Automotive Rental Facility Accessory use to an existing business.
L,(e) Vehicle storage is s subject to the following rules:
i Vehicle storage is permitted in the off-street parkin
spaces so long as the off-street parking spaces are not located along
the main drive aisles do not utilize the first two rows of parkin
spaces typically utilized by retail customers and are not visible from
any adjoining right-of-way and properties.
ii. Vehicle storage is limited to no more than 10 percent
of the off-street parkin,spaces and in no event shall exceed 20 off-
street parking spaces for each establishment.
(f) Vehicle maintenance shall be ancillary to the vehicle rental facility.
At no time shall the facility serve as a commercial car wash. In
addition the facile shall be subject to the following standards:
i Only hand-washing and vacuumingshall be
permitted The washing and vacuuming is permitted only in a
designated washing and vacuuming area.
ii. If the hand-washing and vacuuming area is exterior
to the principal building this area shall be limited to one wash bay
which shall be setback a minimum of 25 feet from any residentially
zoned property, and shall be designed to incorporate a hard roof
covering that is compatible with the principal use or with the
structures within the shopping center. The hand-washing and
vacuuming area shall be screened by either a wall opaque fence or
hedge and shall not be visible from any adjoining right-of-way or
adjacent properties The hand-washing and vacuuming area shall
not have outdoor speakers or utilize a public address system.
iii. If the hand-washing and vacuuming area is interior
to the principal building this area shall be limited to one wash bay,
which shall be fully enclosed The access overhead bay door to this
area shall remain closed during operation of all maintenance
activities.
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iv. Run-off from the washing operations shall be
collected and contained on site.
V. All other vehicle services, including repair,
maintenance oil change and fueling shall not be permitted onsite.
As a condition of site plan approval, the applicant shall provide
documentation and an affidavit describing the location where these
services will occur.
Section 3. That Article 4.4, "Base Zoning District", at Section 4.4.9 "General
Commercial(GC)District",at Subsection(C),"Accessory Uses and Structures Permitted", of the
Land Development Regulations of the City of Delray"Beach,Florida, shall hereby be amended to
read as follows:
Section 4.4.9 General Commercial(GC)District
(C) Accessory Uses and Structures Permitted: The following uses are
ed art of
or accessory
to theprincipal use:
allowed when a
a
p � y
(lh 6) (These subparagraphs shall remain in full force and effect as
previously adopted.)
,(7) Automotive Rental Facility Accessory, subject to the requirements
of Section 4.3.3(C).
Section 4. That Article 4.4, "Base Zoning District", at Section 4.4.12 "Planned
Commercial (PC) District", at Subsections (C), "Accessory Uses and Structures Permitted" and
(D),"Conditional Uses and Structures Allowed",of the Land Development Regulations of the City
of Delray"Beach,Florida, shall hereby be amended to read as follows:
Section 4.4.12 Planned Commercial(PC)District
(C) Accessory Uses and Structures Permitted: The following uses are
allowed when a part of, or accessory to, the principal use, except within the Four Corners
Overlay District which shall be pursuant to Sec. 4.4.9(G)(3)(b):
(1)—(4) (These subparagraphs shall remain in full force and effect as
previously adopted.)
(5) Automotive Rental Facility Accessory subject to the requirements
of Section 4.3.3(C).
(D) Conditional Uses and Structures Allowed: The following uses are
allowed as conditional uses within the PC District except as modified in the Lindell/Federal
(Redevelopment Area #6) Overlay District and the Silver Terrace Courtyards Overlay
District by Section 4.4.12(G) and within the Four Corners Overlay District which shall be
pursuant to Section 4.4.9(G)(3)(c),unless specifically noted below:
(1�(5) (These subparagraphs shall remain in full force and effect as
previously adopted.)
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(6) Automotive Rental Facilily, Neighborhood subject to the
requirements of Section 4.3.3 (C) provided that the use shall not
fundamentally alter the retail nature of the shopping center.This use
is allowed as a conditional use within the Four Corners Overlay
District.
Section 5. That"Appendix A,Definitions", of the Land Development Regulations of
the City of Delray Beach,Florida, shall hereby be amended by adopting the following new
definitions which shall be inserted alphabetically and shall read as follows:
AUTOMOTIVE RENTAL FACILITY ACCESSORY A commercial establishment where
the renting of small trucks and cargo vans up '
to and including three-quarter ff4)ton trucks
is accessory to a large-scale home
improvement/hardware retail establishment.
A large-scale home improvement/hardware
retail establishment shall occupy at least
25,000 sqft gross floor area. This use is
regulated by Section 4.3.3(C).
AUTOMOTIVE RENTAL FACILITY NEIGHBORHOOD A commercial establishment
used principally for renting vehicles such as
cars sport utility vehicles small pick-up
trucks and mini-vans that is located within a
large retail shopping center or in an outparcel
to a lame retail shopping center. This use is
regulated by Section 4.3.3(C).
Section 6. 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 of this Ordinance.
Section 7. Specific authority is hereby given to codify this Ordinance.
Section 8. This Ordinance shall become effective immediately upon adoption.
PASSED AND ADOPTED in regular session on second and final reading on this l
day of ,2017.
C Glickstein,Mayor
ATTEST:
ORD.No.24-17
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City Clerk
First Reading 1, ;)CA �.
Second Reading 03
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY
r
BY:
,a Max Lo)fn,City Attorney
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