45-96 ORDINANCE NO. 45-96
AN ORDINANCE OF THE CITY ~SSION OF THE CITY OF DELRAY.
BEACH, FLORIDA, AMENDING SECTION 2.4.6, "PROCEDURES FOR
OBTAINING PERMITS AND APPROVALS", SUBSECTION 2.4.6(H),
"TEMPORARY USE PERMIT", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH, BY ADDING
'SEASONAL FARMER'S MARKET' AS AN ia~.~:X~BLE TEMPORARY USE,
AND PROVIDING FOR CERTAIN RESTRICTIONS; PROVIDING A
GENERAL REPE~',k"~ CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning
Board reviewed the subject matter at its meeting of September 16, 1996, and
voted unanimously to forward the change with a recommendation of approval;
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 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 Two, "Administrative Provisions", Article
2.4, "General Procedures", Section 2.4.6, "Procedures for Obtaining Permits
and Approvals", Subsection 2.4.6 (H), "Temporary Use Permit", of the Land
Develot~ent Regulations of the City of Delray Beach, Florida, be, and the
same is hereby amended to read as follows:
(H) Temporary Use Permit: A temporary use permit shall be
required for any of the uses listed below. The granting authority of each
use is as shown.
1. Circuses or Carnivals -- City Commission
2. Uses uD~ler a Tent -- City Commission
3. Sales Offices and Models at a residential development
site -- Chief Building Official
4. Construction trailers and compounds -- Chief Building
Official
5. City Operated Facilities -- City Commission
6. Seasonal Farmer's Market -- City Commission
(1) Rule: No temporary use shall be allowed except as
provided in this subsection (H) or as otherwise provided for in these
regulations.
(2) Required Information: A request for a temporary use
shall be made via letter to the granting authority. The letter shall contain
the following information, as applicable to the use being requested.
(a) Name of petitioner
(b) Name of property owner and consent therefrom
(c) Location of site
(d) Purpose, activity to be conducted
(e) Period of use
(f) Proof of ability to connect temporary electric
services (see Article 7.2)
(g) Proof of ability to provide toilet facilities for
both men and women on the premises, subject to
approval of the County Health Department
(h) How foodstuffs are to be handled
In addition, for circuses and carnivals, the following is required:
(i) The nature of the advertising or promotion activity
to be conducted for the circus or carnival
(j) Proof of whether or not the applicant, or the
individual identified as having the management
authority or supervision of the circus or carnival,
has been convicted of any crime or misdemeanor and,
if so, the nature of each offense and the penalty
assessed for each offense
(k) If specifically required, copies of all printed
advertising proposed to be used in promoting the use
(1) If specifically required, credentials from the
person, if any, for which the applicant proposes to
do business, authorizing the applicant to act as
such representative
(3) Regulations and Restrictions:
(a) Uses under a Tent:
1__. f~ The use of a tent, or tents, shall only be as
follows:
a. ~ The sale of seasonal items which, when
protected from the sun, provides for a less
hazardous product for public use (i.e.
Christmas tree sales);
- 2 - Ord. No. 45-96
~ Assembly occupancies to protect the public from
the elements;
~ The use of tents for retail sales or other
commercial use is prohibited, except as
otherwise permitted in this section.
f~ The tent and site shall comply with the
following:
a~. The tent shall be approved by the Fire Marshal
for fire resistance.
~ Adequate fire protection equipment, in a type
and capacity as approved by the Fire Marshal,
shall be provided on the premises at all times.
~ Payment of a permit fee [2.4.3(K)] and a
deposit of $50 which shall be returned upon
determination by the Chief Building Official
that all debris resulting from the use has been
removed from the site.
~ Obtaining of permits for electrical and health
and sanitation facilities, as applicable.
Circuses and Carnivals:
f~] An investigation of the applicant' s business
reputation shall be conducted by the City and
the request shall not be approved if such
investigation discloses tangible evidence that
the conduct of the circus or carnival would
pose a substantial threat to the public health,
safety, morals, or general welfare.
f~ Permits for electrical and health and
sanitation facilities, as applicable, shall be
obtained.
Seasonal Farmer' s Market:
1 A farmer's market may be permitted within that
portion of the City' s Transportation
Concurrency Exception Area that is west of the
Intracoastal Waterway, for the purposes of
downtown revi .tal.ization, subject to the
following restrictions:
- 3 - Ord. No. 45-96
a_~. The market must be sponsored by the
Community Redevelopment Agency, the
Downtown Joint Venture, or other agency
which is formulated for the purposes of
economic development as approved by the
City Commission.
Operation of the market is to be limited
to the .qrowin9 season (generally, November
through May), but not more than one day
per. week, unless specifically authorized
by the City Commission. The Commission
shall establish the specific days and
hours of operation, as well as the
duration of the temporary .us9 permit,,,.
c. Products to be sold shall consist of
agricultural produce, plants and flowers;
baked goods; and cheeses. The Commission
may also at its discretion approve the
limited sale of related products such as
handmade crafts., prepared foods, and
promotional items bearing the. r~me of the
City and the market. The sale of such
additional items, if approved, shall be
limited to a specific number or percentage
of the total vendors.
d_=. The Commission may approve the design
elements of the market (i.e. site layout,
types of tents/booths to be erected,
etc. }, or may defer such elements to the
Site Plan Review and Appearance Board
(S.P .RABI. or the Historic Preservation Board
(HPB) as appro~iate. All elements must
comply with applicable health, .safety .and
fire codes.
e. Permits for electrical and health and
sanitation facilities, as applicable,
shall be obtained.
(4) Procedures: Upon receipt of all required information,
the granting authority shall take the request under consideration and upon
assurance that all applicable regulations and requirements will be met, the
authority shall issue a temporary use permit for a period of time as
specified in the permit.
- 4 - Ord. No. 45-96
Section 2. That all ordinances or parts of ordinances in conflict
herewith be, and the same are hereby repealed.
Section 3. That should any section or provision of this or~_inance
or any portion thereof, any paragraph, sentence, or word be declared by a
court of cc~apetent 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 4. That this ordinance shall become effective immediately
upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading
on this the 15th day of October , 1996.
Cit~ Ciera/
First Reading October 1, 1996
Second Reading October 15, 1996
- 5 - Ord. No. 45-96
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGE~,~t !
SUBJECT: AGENDA ITEM $ /0 ~- REGULAR MEETING OF OCTOBER 15~ 1996
SECOND READING AND PUBLIC HEARING FOR ORDINANCE NO. 45-96
(SEASONAL FARMER' S MARKET AS AN ~LE TEMPORARY USE)
DATE: OCTOBER 9, 1996
This is second reading and public hearing for Ordinance No. 45-96 which
amends LDR Section 2.4.6 (H), "Temporary Use Permit", by adding ' Seasonal
Farmer's Market' as a temporary use that could be approved by the City
Commission, subject to locational and other restrictions.
In July of this year, the Commission considered an LDR amendment that
provided a definition for 'Farmer's Market' and added it as a conditional
use in the Old School Square Historic Arts District (OSSHAD). There were
concerns with this proposal related to the ability to satisfactorily
control such a use as well as the products that would be offered for sale.
Commission denied the proposed amendment on first reading.
The current amendment has the effect of allowing the market under specific,
limited circumstances which should afford the types of controls the
Commission is seeking. The use would only be allowed in the City's
Transportation concurrency Exception Area (TCEA) as indicated on the
attached map. It must be sponsored by the CRA, Joint Venture or similar
agency, aox~ can only operate one day a week during the growing season
(November through May). The products to be sold are limited as described
in the ordinance. Approval is by the City Commission, which will establish
the times and dates of the market's operation.
The Planning and Zoning Board considered this item on September 16, 1996,
and voted unanimously to recommend that the proposed amendment be approved.
At first reading on October 1, 1996, Commission passed the ordi~ce by
unanimous vote.
Recommend approval of Ordinance No. 45-96 on second and final reading.
ref: agmemol0
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
SUBJECT: AGENDA ITEM # J~ ~ - REGULAR MEETING OF OCTOBER 1, 1996
FIRST READING FOR ORDINANCE NO. 45-96 (SEASONAL FARMER'S MARKET
AS AN ALLOWABLE TEMPORARY USE)
DATE: SEPTEMBER 27, 1996
This is first reading for Ordinance No. 45-96 which amends LDR Section
2.4.6(H), "Temporary Use Permit", by adding 'Seasonal Farmer's Market' as a
temporary use that could be approved by the City Commission, subject to
locational and other restrictions.
In July of this year, the Commission considered an LDR amendment that
provided a definition for 'Farmer's Market' and added it as a conditional
use in the Old School Sc~3_~re Historic Arts District (OSSHAD). There were
concerns with this proposal related to the ability to satisfactorily
control such a use as well as the products that would be offered for sale.
Commission denied the proposed amendment on first reading.
The current amendment has the effect of allowing the market under specific,
limited circumstances which should afford the types of controls the
Commission is seeking. The use would only be allowed in the City's
Transportation Concurrency Exception Area (TCEA) as indicated on the
attached map. It must be sponsored by the CRA, Joint Venture or similar
agency, and can only operate one day a week during the growing season
(November through May). The products to be sold are limited as described
in the ordinance. Approval is by the City Commission, which will establish
the times and dates of the market's operation.
The Planning and Zoning Board considered this item on September 16, 1996,
and voted %unanimously to recommend that the proposed amendment be approved.
Recommend approval of Ordinance No. 45-96 on first reading. If passed, a
public hearing will be scheduled for October 15, 1996.
ref: agmemo 10
TO: DAVID T. HARDEN
CITY MANAGER
FROM: DIANE DOMINGUEZ, DII~EC'~OR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF OCTOBER 1, 1996
AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS
SECTION 2.4.6(H), TEMPORARY USE PERMIT TO ADD "SEASONAL
FARMER'S MARKET" AS AN ALLOWABLE TEMPORARY USE.
The action requested of the City Commission is that of approval of the amendment to
LDR Section 2.4.6(H). The amendment would add "Seasonal Farmer's Market" as a
temporary use that could be approved by the City Commission, subject to Iocational
and other restrictions.
The Downtown Joint Venture is proposing to establish a farmer's market in the parking
lot behind the offices of the Community Redevelopment Agency (CRA).
In June of this year, P & Z staff processed an amendment to the LDRs that provided a
definition of a Farmer's Market, and added it as a conditional use in the OSSHAD
district. When the amendments were presented to the City Commission, Commission
members expressed reservations about adding the use to the OSSHAD zoning district.
They were concerned that there could be numerous other requests forthcoming to
establish farmer's markets, and that there wouldn't be sufficient controls on the types of
items that could be sold. The LDR amendments were denied on first reading.
In response to those concerns, staff drafted the attached amendment, which is
described below.
City Commission Documentation
LDR Amendment Re: "Seasonal Farmer's Market"
Page 2
Section 2.4.6 of the LDRs allows the City to approve certain temporary uses, such as
seasonal sales of Christmas trees and pumpkins; construction trailers; circuses and
carnivals, etc. The length of time that such uses can operate varies, and is usually
established at the time of approval. The revised amendment would add "Seasonal
Farmer's Market" as a use that could be allowed on a temporary basis, for the purposes
of downtown revitalization. The use would only be allowed within the City's TCEA
(Transportation Concurrency Exception Area--see attached map), it must be sponsored
by the CRA, Downtown Joint Venture, or similar agency, and could only operate one
day a week during the growing season (November through May). The products to be
sold are limited as described in the amendment. Approval is by the City Commission,
which will establish the times and dates of the market's operation.
This amendment has the effect of allowing the market under specific, limited
circumstances, which should afford the types of controls the Commission is seeking.
The one thing that it would not provide for is an advertised public hearing, however, the
Commission could choose to take public testimony during consideration of a request.
As it would only be permitted in areas that are primarily commercial in nature, it is not
expected to have an impact on residential neighborhoods.
The attached draft includes all of LDR Section 2.4.6. The changes regarding the
market are shaded and underlined.
The P & Z Board considered this item at its meeting of September 16, 1996. There was
no public testimony concerning the amendment. The Board voted unanimously to
recommend approval of the amendment as proposed.
By motion, approve the attached amendment to the LDRs adding "Seasonal Farmer's
Market" as a permitted temporary use under Section 2.4.6(H).
Attachments:
· Proposed amendment to LDR Section 2.4.6(H)
· TCEA Map
Amend Section 2.4.6 (H) as follows:
(H) Temporary Use Permit: A temporary use permit shall be
required for any of the uses listed below. The granting authority of each use is
as shown.
1. Circuses or Carnivals -- City Commission
2. Uses under a Tent -- City Commission
3. Sales Offices and Models at a residential development site--Chief
Building Official
4. Construction trailers and compounds -- Chief Building Official
5. City operated facilities -- City Commission
: ':::::;::::::;::: ' ' : ' :" ' · -::: '::i ' :::~:!::: ..:.": '.:: ..-,' ' ' : ' ============================================================================
(1) Rule: No temporary use shall be allowed except as provided in this
Subsection (H) or as otherwise provided for in these regulations.
(2) Required Information: A request for a temporary use shall be
made via letter to the granting authority. The letter shall contain the following
information, as applicable to the use being requested.
a) Name of petitioner
b) Name of property owner and consent therefrom
c) Location of site
d) Purpose, activity to be conducted
e) Period of use
f) Proof of ability to connect temporary electric service (see Article
7.2)
g) Proof of ability to provide toilet facilities for both men and
women on the premises, subject to approval of the County
Health Department
h) How foodstuffs are to be handled
In addition, for circuses and carnivals, the following is required:
i) The nature of the advertising or promotion activity to be
conducted for the circus or carnival
j) Proof of whether or not the applicant, or the individual identified
as having the management authority or supervision of the circus
or carnival, has been convicted of any crime or misdemeanor
and, if so, the nature of each offense and the penalty assessed
for each offense
k) If specifically required, copies of all printed advertising proposed
to be used in promoting the use
I) If specifically required, credentials from the person, if any, for
which the applicant proposes to do business, authorizing the
applicant to act as such representative
(3) Regulations and Restrictions:
(a) Uses Under a Tent:
\.
(-I-)(1) The use of a tent, or tents, shall only be as follows:
cl..
*(a) The sale of seasonal items which, when protected from the sun,
provides for a less hazardous product for public use (i.e. Christmas
tree sales);
*(b) Assembly occupancies to protect the public from the elements.
{-ii-)(2) The tent and site shall comply with the following:
*(a) The tent shall be approved by the Fire Marshal for fire resistance.
*(b) Adequate fire protection equipment, in a type and capacity as
approved by the Fire Marshall, shall be provided on the premises at
all times.
*(c) Payment of a permit fee [2.4.3(K)] and a deposit of $50 which shall
be returned upon determination by the Chief Building Official that
all debris resulting from the use has been removed from the site.
*(d) Obtaining of permits for electrical and health and sanitation
facilities, as applicable.
(b) Circuses and carnivals:
(-i-) (1) An investigation of the applicant's business reputation shall be
conducted by the City and the request shall not be approved if such
investigation discloses tangible evidence that the conduct of the
circus or carnival would pose a substantial threat to the public
health, safety, morals, or general welfare.
(-ii-) (2) Permits for electrical and health and sanitation facilities, as
applicable, shall be obtained.
(4) Procedures: Upon receipt of all required information, the granting
authority shall take the request under consideration and upon assurance that all
applicable regulations and requirements will be met, the authority shall issue a
temporar~ use permit for a period of time as specified in the permit.
al'Y M NI,~¥ IEAI~ R,~I~
~, ~ N.W. I~ ~,
~. HI ~ ~ ire
- MISSI~ ~ THE CI~ OF ~R~Y
BEACH, FLORIDA, ~NDI~G
~VER'S NORTH SPECIAL ACTIVI.
TIES D~STRICT (~D), AS ESTAB.
LI~ED BY ~DINAgCE ~0. ~,
~D ~NDED BY ~D~ANCE
~. ~, BY ~END~NG tHE
~OVED ~ST~R DEVELOPMENT
~N ~ RECORD TO FOR~LLY
I~OR~TE THE TEM~ARY
~E$ AN~ RECEPTION BUILDING
~ A PER~NENT STRUCTURE ON
THE SITE P~N FOR THE ~EVEL-
~MENT; PROVIDING A GENERAL
REPE~LER C~USE, A
~USE, AHD AH EFFECTIVE
~TE.
~ ~DtNA~E OF THE CiTY C~.
~I~ION OF THE CITY OF DELRAY
~ACH, FL~tDA, REZO~I~G
~CIHG ~ND PRESENTLY
Z~ED NC (NEIGHBORH~D
MERCIAL~ IN PART AND ~D
IPROFESSIONAL ~FICE DI~
TRICT) IN PART, IN THE CF
(C~UNITY FACILITIES)
TRICT; ~ID ~ND ~EING
~NLY KNOWN AS THE SEACREST
PROPERTY, L~TED ON THE
~5T SIDE OF SEACRE~T
VARD ACROSS FRM AT~NTIC
HIGH SC~L, AS MORE PARTICU.
~RLY OESCRI~ED HEREIN; AND
MENDING ~ON~NG ~P OF DEL-
RAY BEACH, FLORIDA, I~; PR~
VlDJgG A GENERAL REPEALER
Ag EFfECTiVE DATE
Ag ORDINANCE OF THE OTY C~
M~JO~ OF ~HE CiTY OF DELRAY'
BEACH, FLORIDA, REZONI~G AND
P~CING ~ND PRESENTLY
~NED RM (MEDIUM ~NSITY
RESIDENTIAL} DISTRICT IN THE~
CF (C~UNITY FACILITIES)
TRICT; ~ID ~ND BEING
~NLY KNOW~ AS THE ~N~
~WAY ~USE, L~TED AT
E PARTICU~RLY DE.
~RIBED ~REIN, AND
t I~ ~ONING ~P ~ DELRAY
~USE; A ~Vl~ C~USE, AND
M EFFECTIVE OATE.
AH ORDINANCE OF THE CITY C~
~ISSIO~ OF THE CITy ~ DELRAY
8~CH, FLORID~ ~END)NG SEC.
~ T~ON ~.~.~, ~R~EDURES FOR OB*
TA~ING PERMITS AHD APPROV*
AL~, SUBSECTION ~.4~
. ~EM~RkRy USE PERM;P, OF
, THE ~D DEVElOPMEnT
~TI~S OF THE C)TY OF DELRAY
BEACH, BY ADD~HG 'SEASONAL
FARMER'~ ~RKET' AS AH AL-
~ABLED TEM~RARy USE,
~D PROVIDING FOR CERTA/~
_ RESTRICTI~S; PROVIDING
GENE~L ~E~EALER C~USE, A
~VI~G C~USE, AND A~ EFFEC.
TIVE
AN ORDINANCE OF THE CiTY COM.
MISSION OF THE CiTY OF DELRAY
BEACH, FLORIDA, AMENDING SEC-
TION 4.t,.% ~OFF STREET PARKING
REGULATIONS', OF THE LAND DE-
VELOPMENT REGULATIONS OF
THE CITY OF DELRAY BEACH BY
ADDING PARKING LOT DIMENSION
DETAILS, STRIPING DETA~',' S,
AMENO~NG GUEST PARKING RE.
QUIREMENTS, AND OTHER MINOR
MOOiFICATIONS TO RELATED SEC-
TIONS; PROVIDING A GENERAL
REPEALER CLAUSE, A
CLAUSE, AND AN EFFECTIVE
DATE.
cides to a~e~l any dects~ n~tde by
the C~Y Commisa~ wit~
· 1¥ maff~ ~nsidere~ af ff1~s I~ri~g,
~ ~ will need i rec~'d of
M'~c~d~ng~ and ~ 1his p4Jfl~o~
Mr~n moy ne~ ~ e~s~q't ff~ o ve'-
CI~ OF ~L~Y
T~ N~