Ord 45-06
("
/,\
I
ORDINANCE NO. 45-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING
SECTION 4.4.13, "CENTRAL BUSINESS DISTRICT", SUBSECTION (B) (2),
"PRINCIPAL USES AND STRUCTURES PERMITTED", SUBSECTION (D)(5),
"CONDITIONAL USES AND STRUCTURES ALLOWED", AND
SUBSECTION (H)(1), "SPECIAL REGULATIONS", TO PROVIDE
REGULATIONS RELATING TO OFFICE USES ON THE GROUND FLOOR
ALONG ATLANTIC AVENUE EXTENDING FROM 1-95 TO OCEAN
BOULEVARD; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the
proposed text amendment at a public hearing held on July 24, 2006 and voted 4 to 1 to recommend
that the changes be approved; 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 change is consistent with and furthers
the goals, objectives and policies of the Comprehensive Plan; 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 DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That Section 4.4.13, "Central Business District", Subsection (B), "Principal
Uses and Structures Permitted", Paragraph (2) of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as
follows:
Section 4.4.13 Central Business (CBD) District:
(B) Principal Uses and Structures Permitted: The following types of use are allowed
within the CBD District as a permitted use:
r'
/",\
(1)
(2)
(3)
(4)
(5)
General retail uses including, but not limited to:
*
Antiques, arts and crafts, automotive parts, baked goods, books, carpet and floor
covering, cheeses, beer, wine, liquor, confectioneries, cosmetics, meats, draperies
and slipcovers, medicines and prescriptions, electrical fixtures and supplies,
fabrics, fish, flowers and plants, fruits and vegetables, food, garden supplies, gifts,
glassware, hardware and paints, home furnishings, ice cream, lawn care
equipment, leather goods, luggage, medical and surgical equipment, music and
musical instruments, nautical supplies, office furniture equipment and supplies,
pets and pet supplies, photographic equipment and supplies, sewing supplies,
sporting goods, toys, wearing apparel and accessories, appliances, bicycles,
business machines, jewelry.
Business and professional uses pursuant to restrictions set forth ill Section
4.4.13(H) (1) including, but not limited to:
*
Interior decorating, medical and dental clinics, medical and dental laboratories,
photographic studios, printing and publishing, professional offices
Services and facilities including, but not limited to:
*
Auctions, barber and beauty shops and salons, caterers, dry cleaning limited to
on-site processing for customer pickup only, dry cleaning and laundry pickup
stations, laundromats limited to self-service facilities, pet grooming, restaurants
excluding drive-in and drive-through, outdoor cafes, tailoring, tobacconist,
vocational schools limited to arts and crafts, business, beauty, dancing, driving,
gymnastics, photography, modeling, and karate-judo, small item repair, and rental
of sporting goods and equipment (such as but not limited to bicycles, skates,
boogie boards).
*
Galleries, broadcast studios, butcher shops, cocktail lounges, exercise facilities e.g. gyms
and clubs, museums, libraries, newsstands, commercial or public parking lots and parking
garages.
Multi-family dwelling units, excluding duplexes, up to a maximum density of thirty
(30) units per acre except for the West Atlantic Neighborhood or Beach District,
where the maximum density is twelve (12) dwelling units per acre.
Hotels, motels, bed and breakfast inns, and residential-type inns except in the West
Atlantic Neighborhood.
2
ORD. NO. 45-06
('
/~
Section 3. That Section 4.4.13, "Central Business District", Subsection (D),
"Conditional Uses and Structures Allowed", Paragraph (5) of the Land Development Regulations of
the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to
read as follows:
(D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses
within the CBD District:
(1) Adult congregate living facilities.
(2) Residential Licensed Service Provider Facilities subject to restrictions set forth in
Section 4.3.3(D).
(3) Amusement game facilities limited to such uses as pinball, air hockey, electronic
games, and other similar coin operated games when an attendant is on duty.
(4) Child care and adult day care.
(5) Financial institutions, e.g., banks and similar institutions including drive through
facilities pursuant to restrictions set forth in Section 4.4. 13 (H) (1)
(6) Funeral homes including accessory uses, such as, a chapel, crematory, and the like.
(7) Gasoline stations or the dispensing of gasoline directly into vehicles, except that such
use shall not be allowed in the West Atlantic Neighborhood, the Beach District, nor on lots which
front along Atlantic Avenue or N.E. 2nd Avenue (a/k/a Pineapple Grove Way), beginning at a point
105' south of N .E. 4th Street.
(8) Recreational establishments such as bowling alleys, gymnaSiums, health spas,
miniature golf courses, skating rinks.
(9) Veterinary clinics.
(10) Movie theaters, excluding drive-ins.
(11) Playhouses, dinner theaters, and places of assembly for commercial entertainment
purposes (e.g., concerts, live performances).
(12) Flea markets, bazaars, merchandise marts, and similar retail uses.
(13) Wash establishment, with automatic/mechanical systems only, for vehicles, except
that such use shall not be located east of the Intracoastal Waterway or on lots which front along
3
ORD. NO. 45-06
(,
/",\
Atlantic Avenue. Further, this use must be established on property with a minimum lot area of
20,000 sq. ft.
(14) Multi-family dwelling units, excluding duplexes, at a density greater than thirty (30)
units per acre, on property located south of N.E. 2nd Street and north of S.E. 2nd Street, subject to
the standards and limitations of Section 4.4.1300.
(15) Group Home, Type 2 and Community Residential Homes, pursuant to restrictions
set forth in Section 4.3.300.
(16) Restaurants, Cocktail Lounges, Hotels, and Residential Type Inns may provide their
required parking as valet parking, subject to the provisions of Section 4.6.9(F)(3).
(17) Drive-in or drive-through restaurants on property located within the West Atlantic
Neighborhood.
(18) Hotels, motels, bed and breakfast inns, and residential-type inns on property located
within the West Atlantic Neighborhood.
(19) Free standing or mixed-use residential development at a density greater than twelve
(12) units per acre, on property located within the West Atlantic Neighborhood, subject to the
standards and limitations of Section 4.4.1300.
Section 4. That Section 4.4.13, "Central Business District", Subsection (H), "Special
Regulations", of the Land Development Regulations of the Code of Ordinances of the City of
Delray Beach, Florida, be and the same is hereby amended to read as follows:
(H) Special Regulations:
(1) Office uses including financial institutions (e.g. banks. savings and loans. credit unions.
and mortgage offices) shall not be allowed on the ground floor within businesses which have an
entt;y from and/or windows along and/or frontage on Atlantic Avenue in the Central Core Area or
the Beach Area. Office uses shall be allowed up to 50% of the ground floor as a permitted use
within businesses which have an entt;y from and/or windows along and/or frontage on Atlantic
Avenue in the West Atlantic Area and as a Conditional Use if greater than 50%. Office uses are
allowed on floors other than the ground floor along Atlantic Avenue and on all floors elsewhere in
the CBD district.
(~ 2) The sale of second hand material, other than verifiable antiques, shall not be allowed
within businesses nor on properties which have an entry from and/or windows along and/or
frontage on Atlantic Avenue or N.E. 2nd Avenue (a/k/a Pineapple Grove Way) between East
Atlantic Avenue and N.E. 4th Street.
4
ORD. NO. 45-06
r'
/~
(~ 3) The sale of automotive parts, firearms, and lawn care equipment, shall not be
allowed within the West Atlantic Neighborhood nor within businesses or on properties which have
an entry from and/or windows along and/or frontage on East Atlantic Avenue or N.E. 2nd Avenue
(a/k/a Pineapple Grove Way) between East Atlantic Avenue and N.E. 4th Street.
(3 4) The picking-up, dropping-off, or otherwise transporting workers, assigned through
an employment agency, from an assembly point in the CBD to the work site is prohibited, except
within the West Atlantic Neighborhood area provided the structure involved does not have an
entrance from and/or windows facing West Atlantic Avenue.
(4-5) Within the West Atlantic Neighborhood, all permitted uses with drive-through
facilities shall require conditional use approval.
(S 6) Minimum floor area for multi-family residential dwelling units shall be as established
for the Medium Density Residential (RM) zoning district in Section 4.3.4(K).
(67) Multi-family dwelling units may be located in structures that are comprised of
residential units only or in mixed-use buildings that contain a combination of residential and non-
residential uses. However, where residential uses are located in structures having frontage on
Atlantic Avenue, NW /SW 5th Avenue or N.E. 2nd Avenue (a/k/a Pineapple Grove Way), there
must be nonresidential uses fronting the Avenue on the ground floor.
ft 8) The rental of sporting goods and equipment shall be limited to no more than one
business renting a specific category of item (i.e. bicycles, skates, etc.) every 300 feet measured in a
straight line from door to door, and any outdoor displays are subject to the restrictions set forth in
Section 4.6.6(C)(3).
(89) 24-Hour or late night businesses as defined herein must be processed as a
conditional use and are subject to the provisions of Section 4.3.3(VV).
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 all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 7. That this ordinance shall become effective immediately upon its passage on
second and final reading.
5
ORD. NO. 45-06
r'
/",\
3~ PASSE~ ~ADOPTED in regular session on second and final reading on this the
_ day of ~ .. c..J ,2006.
~ ~ , ~ '~'~:t-' ~Y~R ~
City Clerk
FUst Rea<ling ,~
Second Reading \D '3> ~
6
ORD. NO. 45-06
MEMORANDUM
TO:
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER t?;j
AGENDA ITEM # \Cj. t.. - REGULAR MEETING OF OCTOBER 3,2006
ORDINANCE NO. 45-06 (AMENDING LDR SECTION 4.4.13 "CENTRAL
BUSINESS DISTRICT")
SUBJECT:
DATE:
SEPTEMBER 29, 2006
This ordinance is before Commission for second reading and second public hearing to amend Land
Development Regulations (LDR) Section 4.4.13, "Central Business District", to provide regulations
relating to office uses on the ground floor along Atlantic Avenue extending from 1-95 to Ocean
Boulevard.
At the first reading on September 19,2006, the Commission passed Ordinance No. 45-06.
Recommend approval of Ordinance No. 45-06 on second and final reading.
s: \City Clerk \agenda memos \ Ord 45-06 Amend LOR Sec 4.4.13 Central Business District. 10.03.06
oK.
~
\
FROM:
DAVID~~,~AGER
PAUL DtR~G, AICP, ~CTOR OF PLANNING & ZONING
MEETING OF SEPTEMBER 19, 2006 - REGULAR AGENDA
CONSIDERATION OF CITY-INITIATED AMENDMENTS TO THE LAND
DEVELOPMENT REGULATIONS LOR SECTION 4.4.13 "CENTRAL
BUSINESS DISTRICT", SUBSECTIONS 4.4.13(B)(2), 4.4.13(0)(5) AND
4.4.13(H)(1) TO PROVIDE REGULATION OF OFFICE USES ON THE
GROUND FLOORS ALONG ATLANTIC AVENUE EXTENDING FROM 1-95
TO OCEAN BOULEVARD.
TO:
SUBJECT:
The item before the City Commission is approval of City-initiated amendments to the Land
Development Regulations to accommodate revisions to the CBD zoning district as it relates
to ground floor office uses along Atlantic Avenue.
Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations
may not be made until a recommendation is obtained from the Planning and Zoning Board.
The proposed amendment will prohibit office uses including banks and financial institutions
on the ground floor along Atlantic Avenue in the Central Core and Beach Areas (Swinton
Avenue to the Ocean) and will allow up to 50% of the ground floor along West Atlantic
Avenue to be office uses as a permitted use and at a level greater than 50% as a conditional
use. Office uses will continue to be allowed either as a Permitted Use (professional offices)
or Conditional Uses (banks) on floors other than ground floors on Atlantic Avenue and all
floors elsewhere in the CBD District.
Concerns over the appropriateness of office uses on the ground floor first surfaced during
discussions over the Conditional Use approval of the Bank United on Atlantic Avenue which
occupied the old Huber Drugstore location. The City Commission considered the request at
their meeting of July 5,2005 at which time the Commission discussed the appropriateness of
office uses along Atlantic Avenue given their propensity to create "holes" in the retail fabric of
the street and interrupt the vibrant retail atmosphere along Atlantic Avenue. While the
request was approved, the City Commission placed several conditions to increase the banks
compatibility including requiring extended hours of operation, a commitment to have retail
displays over 50% of the window facades and requiring open houses, and evening hours
coinciding with Jazz on the Avenue nights.
Several months later an additional inquiry was made to the Planning and Zoning Department
about locating another bank on the ground floor on Atlantic Avenue. On December 6, 2005
the City Commission initiated a LOR text change to restrict office uses including banks on the
ground floor along Atlantic Avenue and the amendment is before the Board at this time.
10. H
City Commission Meeting of September 19, 2006
Amendment to (LOR Section 4.4.13), (LOR Section 4.3.13 (8)(2),4.4.13 (0)(5) and 4.4.13(H)(1).
The Planning and Zoning Board held a public hearing on this request on July 24, 2006. Randy
Welker from the Chamber of Commerce spoke in favor of the request and the Board voted 4 to
1 (Kincaid opposed, Eliopoulos and Borchardt absent) to recommend to the City Commission
approval of the amendments to Land Development Regulations by adopting the findings of fact
and law contained in the staff report and finding that the requests are consistent with the
Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development
Regulations.
Approve the City Initiated amendments to Land Development Regulations to LOR Section
4.4.13 "Central Business District", Subsection 4.4.13(B)(2), 4.4.13(0)(5), and 4.4.13 (H)(1) by
adopting the findings of fact and law contained in the staff report and finding that the request
is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of
the Land Development Regulations.
Attachments:
· Proposed Ordinance No. 45-06
· Planning & Zoning Staff Report of July 24,2006
2
ORDINANCE NO. 45-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING
SECTION 4.4.13, "CENTRAL BUSINESS DISTRICT', SUBSECTION (B) (2),
"PRINCIPAL USES AND STRUCTURES PERMITTED", SUBSECTION (D)(5),
"CONDITIONAL USES AND STRUCTURES ALLOWED", AND
SUBSECTION (H)(1), "SPECIAL REGULATIONS", TO PROVIDE
REGULATIONS RELATING TO OFFICE USES ON THE GROUND FLOOR
ALONG ATLANTIC AVENUE EXTENDING FROM 1-95 TO OCEAN
BOULEVARD; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the
proposed text amendment at a public hearing held on July 24, 2006 and voted 4 to 1 to recommend
that the changes be approved; 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 change is consistent with and furthers
the goals, objectives and policies of the Comprehensive Plan; 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 DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That Section 4.4.13, "Central Business District", Subsection (B), "Principal
Uses and Structures Permitted", Paragraph (2) of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as
follows:
Section 4.4.13 Central Business (CBD) District:
(B) Principal Uses and Structures Permitted: The following types of use are allowed
within the CBD District as a permitted use:
(1)
(2)
(3)
(4)
(5)
General retail uses including, but not limited to:
*
Antiques, arts and crafts, automotive parts, baked goods, books, carpet and floor
covering, cheeses, beer, wine, liquor, confectioneries, cosmetics, meats, draperies
and slipcovers, medicines and prescriptions, electrical fixtures and supplies,
fabrics, fish, flowers and plants, fruits and vegetables, food, garden supplies, gifts,
glassware, hardware and paints, home furnishings, ice cream, lawn care
equipment, leather goods, luggage, medical and surgical equipment, music and
musical instruments, nautical supplies, office furniture equipment and supplies,
pets and pet supplies, photographic equipment and supplies, sewing supplies,
sporting goods, toys, wearing apparel and accessories, appliances, bicycles,
business machines, jewelry.
Business and professional uses pursuant to restrictions set forth ill Section
4.4.13(H)(1) including, but not limited to:
*
Interior decorating, medical and dental clinics, medical and dental laboratories,
photographic studios, printing and publishing, professional offices
Services and facilities including, but not limited to:
*
Auctions, barber and beauty shops and salons, caterers, dry cleaning limited to
on-site processing for customer pickup only, dry cleaning and laundry pickup
stations, laundromats limited to self-service facilities, pet grooming, restaurants
excluding drive-in and drive-through, outdoor cafes, tailoring, tobacconist,
vocational schools limited to arts and crafts, business, beauty, dancing, driving,
gymnastics, photography, modeling, and karate-judo, small item repair, and rental
of sporting goods and equipment (such as but not limited to bicycles, skates,
boogie boards).
*
Galleries, broadcast studios, butcher shops, cocktail lounges, exercise facilities e.g. gyms
and clubs, museums, libraries, newsstands, commercial or public parking lots and parking
garages.
Multi-family dwelling units, excluding duplexes, up to a maximum density of thirty
(30) units per acre except for the West Atlantic Neighborhood or Beach District,
where the maximum density is twelve (12) dwelling units per acre.
Hotels, motels, bed and breakfast inns, and residential-type inns except in the West
Atlantic Neighborhood.
2
ORD. NO. 45-06
Section 3. That Section 4.4.13, "Central Business District", Subsection (D),
"Conditional Uses and Structures Allowed", Paragraph (5) of the Land Development Regulations of
the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to
read as follows:
(D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses
within the CBD District:
(1) Adult congregate living facilities.
(2) Residential Licensed Service Provider Facilities subject to restrictions set forth in
Section 4.3.3(D).
(3) Amusement game facilities limited to such uses as pinball, air hockey, electronic
games, and other similar coin operated games when an attendant is on duty.
(4) Child care and adult day care.
(5) Financial institutions, e.g., banks and similar institutions including drive through
facilities pursuant to restrictions set forth in Section 4.4.13(}I)(1)
(6) Funeral homes including accessory uses, such as, a chapel, crematory, and the like.
(7) Gasoline stations or the dispensing of gasoline directly into vehicles, except that such
use shall not be allowed in the West Atlantic Neighborhood, the Beach District, nor on lots which
front along Atlantic Avenue or N.E. 2nd Avenue (a/k/a Pineapple Grove Way), beginning at a point
105' south ofN.E. 4th Street.
(8) Recreational establishments such as bowling alleys, gymnaSiums, health spas,
miniature golf courses, skating rinks.
(9) Veterinary clinics.
(10) Movie theaters, excluding drive-ins.
(11) Playhouses, dinner theaters, and places of assembly for commercial entertainment
purposes (e.g., concerts, live performances).
(12) Flea markets, bazaars, merchandise marts, and similar retail uses.
(13) Wash establishment, with automatic/mechanical systems only, for vehicles, except
that such use shall not be located east of the Intracoastal Waterway or on lots which front along
3
ORD. NO. 45-06
Atlantic Avenue. Further, this use must be established on property with. a minimum lot area of
20,000 sq. ft.
(14) Multi-family dwelling units, excluding duplexes, at a density greater than thirty (30)
units per acre, on property located south of N.E. 2nd Street and north of S.E. 2nd Street, subject to
the standards and limitations of Section 4.4.1300.
(15) Group Home, Type 2 and Community Residential Homes, pursuant to restrictions
set forth in Section 4.3.300.
(16) Restaurants, Cocktail Lounges, Hotels, and Residential Type Inns may provide their
required parking as valet parking, subject to the provisions of Section 4.6.9(F)(3).
(17) Drive-in or drive-through restaurants on property located within the West Atlantic
Neighborhood.
(18) Hotels, motels, bed and breakfast inns, and residential-type inns on property located
within the West Atlantic Neighborhood.
(19) Free standing or mixed-use residential development at a density greater than twelve
(12) units per acre, on property located within the West Atlantic Neighborhood, subject to the
standards and limitations of Section 4.4.1300.
Section 4. That Section 4.4.13, "Central Business District", Subsection (H), "Special
Regulations", of the Land Development Regulations of the Code of Ordinances of the City of
Delray Beach, Florida, be and the same is hereby amended to read as follows:
(H) Special Regulations:
(1) Office uses including financial institutions (e.g. banks. savings and loans. credit unions.
and mortgage offices) shall not be allowed on the ground floor within businesses which have an
entt;y from and/or windows along and/or frontage on Atlantic Avenue in the Central Core Area or
the Beach Area. Office uses shall be allowed up to 50% of the ground floor as a permitted use
within businesses which have an entry from and/or windows along and/or frontage on Atlantic
Avenue in the West Atlantic Area and as a Conditional Use if greater than 50%. Office uses are
allowed on floors other than the ground floor along Atlantic A venue and on all floors elsewhere in
the CBD district.
(~ 2) The sale of second hand material, other than verifiable antiques, shall not be allowed
within businesses nor on properties which have an entry from and/or windows along and/or
frontage on Atlantic Avenue or N.E. 2nd Avenue (a/k/a Pineapple Grove Way) between East
Atlantic Avenue and N.E. 4th Street.
4
ORD. NO. 45-06
(~ 3) The sale of automotive parts, firearms, and lawn care equipment, shall not be
allowed within the West Atlantic Neighborhood nor within businesses or on properties which have
an entry from and/or windows along and/or frontage on East Atlantic Avenue or N.E. 2nd Avenue
(a/k/a Pineapple Grove Way) between East Atlantic Avenue and N.E. 4th Street.
(3 4) The picking-up, dropping-off, or otherwise transporting workers, assigned through
an employment agency, from an assembly point in the CBD to the work site is prohibited, except
within the West Atlantic Neighborhood area provided the structure involved does not have an
entrance from and/or windows facing West Atlantic Avenue.
(4-5) Within the West Atlantic Neighborhood, all permitted uses with drive-through
facilities shall require conditional use approval.
(S 6) Minimum floor area for multi-family residential dwelling units shall be as established
for the Medium Density Residential (RM) zoning district in Section 4.3.4(K).
(6 7) Multi-family dwelling units may be located in structures that are comprised of
residential units only or in mixed-use buildings that contain a combination of residential and non-
residential uses. However, where residential uses are located in structures having frontage on
Atlantic Avenue, NW /SW 5th Avenue or N.E. 2nd Avenue (a/k/a Pineapple Grove Way), there
must be nonresidential uses fronting the Avenue on the ground floor.
ft 8) The rental of sporting goods and equipment shall be limited to no more than one
business renting a specific category of item (i.e. bicycles, skates, etc.) every 300 feet measured in a
straight line from door to door, and any outdoor displays are subject to the restrictions set forth in
Section 4.6.6(C)(3).
(89) 24-Hour or late night businesses as defined herein must be processed as a
conditional use and are subject to the provisions of Section 4.3.3(VV).
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 all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 7. That this ordinance shall become effective immediately upon its passage on
second and final reading.
5
ORD. NO. 45-06
PASSED AND ADOPTED in regular session on second and final reading on this the
_ day of ,2006.
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
6
ORD. NO. 45-06
6 Boca RalonlDelray Beach News - Monday, August 28, 2006 . www.bo<<:anews.com ~
CITY OFDELRAY BEACH
NOTICE-.oFPROPOSED
AMENDMENTTO....HELAND
DEVELOPMENT REGULATIONS
BY AMENDING SECTION 4.4.13,
"CENTRAL BUSINESS
DISTRICT", AMENDING
SUBSECTION (B((2), ",PRINCIPAL
USES AND STRUCTURES
PERMITTED", SUBSECTION
(D)(5),"CONDITIONAL USES AND
STRUCTURES ALLOWED." ~.
SUBSECTION 4.4.13(H){1),
"SPECIAL REGUlATJONS",TO
PROVIDE REGULATIONS -
RELATING TO- OFFICE USES ON
THE GROUND FLOOR ALONG
ATLANTIC_AVENUE.-E}(TENDING
FROM 1-95TQ OCEAN -
BOULEVARD
The City Commission of the City of Delray Beach, Aorida,
proposes to adopt the following ordinance:
ORDINANCE NO. 45-06
AN ORDINANCE OHHE CITY COMMISSION OF l11E CITY OF DELRAY BEAcH, FLORIDA,
AMENDING THELANO DEVELOPMENTREGlJl.ATiONS OF THE CODE OF 6ROlNANcES,
BY AMENDlNGSECTION ,4.4,13, 'CENTRAL BUSINESS DlSTRICT'",S1,JBSECTlON (8)(2),
'PRINCIPAL USES AND STRUCTURES PEAMrrTEO".SlJBSECTION (D}(S), 'CONDITIONAL
USES AND STRUCTURES ALLOWED', AND SlIBSECTlON_ (H)(1), - "SPECiAL
REGUlATIONS'. TO PAO\IIDE REGULATIONS REIAING TO OFFICE USES ON THE
GRDUND FLOOR ALONG ...mANTIC AVENUE EXTENDING FRDM ~95 TO OCEAN
BOULEVARD; PROVIDING Pi. SAVING CI.AlJSE. A-GENERAL REPEAlER ClAUSE, AND AN
EFFECTIVE OOE,
The City Commission willconducllwo (2)PubIic Hearings for the purpose of l\CC8pfng pubIio
1eStiroony regaJdIng the proposed orclnar<:e, The first Pttic Hearing will be lleIdonJ:llESDAY.
llE~R S 2006 AT 7,-00 P~1n the Cornmlssion Ch3mbe.. III City Hall, 100 NW 1st
Avenue, Delray Beach, Florida. W the proj:>osed ordinance Is passod on first reading, a_
Public Hearing will be held on TUESDAY SEPTEMBER 192006 "17"110 pJI. (Or at aff'/
continuatfor1 ol su::I1 meeting wI1Ich Is selby the Cornmlssion) InlheGommisslon Ch3mbers at
City Hall. 100 N.W, 1st Avenue. DelroY I3eacIi. Aorkla.
AD Ints_ed cl1lzens ara IrMIsd 10 attend the public heartngs and """'"""" upon theproposad
ordnance or submit their cantnanl8 In WliIlng on or before the data d these hearings to lI1e
Planning and ZonIng Oeparlmenl. For 1ur1Iier'lnformation or to cbi8i> "-alj7f rl u.e ~
ordnal1ce, plaase contaCt the PlannIng and ZonIng Oepan/nent. City Hall. 100N,W. 1st Avenue.
Delray Beach, Ftorlda'33'it4 (emal at PzmaIOmydelra)>beacl1.com) or by camng 5611243-7(40).
belwaen lI1e hOlltS d 8:00 a.m. and 5:00 pm" Monday thtougl> Friday, e><dudIng holidays.
PLEASE BE AOVISEll THAT IF A PERSON DECIDES To APPEAL ANY DECISION MADE BY
THE CITY COMMISSQ-l WITH RESPECT TO Atf'{, MATTEA CONSIDERED f.r 1HESE
HEARINGS, SUCH PERSON MAY - NEED TO ENSURE THAT A VEABATIMAECOAO
INCLUDES THE TESTIt.<<>NY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED,
THE CITY DOES'NOr PROVIDE NOR PREPARE SucH RECORD - PURstJANT TO F.S,
286,0105,
CITY OF DELRAY BEACH
~ 0, Nubln.
City Clerk
PUBlISH: Monday. AIJlpJst 28. 2006
Tuasday. Septembar 12. 2006
Boca RaIon I DoIray BelIch News
I>IJJI NS0806505
./