03-78 ORDINANCE NO. 3-78
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING"
OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY REPEALING SECTION 29-11 GC (GENERAL COMMER-
CIAL) (N) SPECIAL REGULATIONS (1); SECTION 29-12 SC
(SPECIALIZED COMMERCIAL) (N) SPECIAL REGULATIONS (1);
SECTION 29-13 CBD (CENTRAL BUSINESS DISTRICT) (0) SPECIAL
REGULATIONS (1); SECTION 29-13.1 LC (LIMITED COMMERCIAL
DISTRICT (M) SPECIAL REGULATIONS (1) AND ENACTING NEW
SUBSECTIONS TO PROVIDE FOR THE DISPLAY OF MERCHANDISE
OUTSIDE; PROVIDING A SAVING CLAUSE; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the city Council of the city of Delray Beach has deter-
mined that it would be desirable to amend the Zoning Code to permit the
display of merchandise outside commercial establishments in certain
Commercial Zoning Districts; and,
WHEREAS, after consideration and recommendation by the City
Administration, the city Council at the December 5, 1977, Workshop Meeting
authorized the amendment to the GC, SC, CBD and LC Districts;·
NOW, THEREFORE, BE 'IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 29-11 GC (General Commercial) (N)
Special Regulations (1) is hereby repealed and a new Subsection (1)
hereby enacted to read as follows:
(1) It is the purpose of this commercial zoning district
to provide for commerce'al uses that are permanent rather
· than transitory in nature· that are conducted within a
completely enclosed building rather than outside except
as follows:
(a) Off-street parking, outdoor dining facilities,
storage and display of nursery plants fruit and
vegetable displays, and signs, may be conducted
or used outside.
(b) Retail uses other than those in (a) above may
display merchandise outside, adjacent to the build-
ing containing the main use upon the following
conditions:
1) An occupational license has been obtained by
the business making the display from the
City Building Department.
2) No display will be permitted on public
rights-of-way, or areas used for public ingress
and egress whether public or private ownership
°
~·) The fire department may require the removal or
modification of outside displays upon written
~ ~ order, when such displays prevent or impede
adequate ingress and egress for emergency
vehicles.
4) Display is permitted only upon property owned
or leased by the business conducting the main
use.
5) A maximum of 1~ of the square footage of the
interior of the building containing the main
use may be used for outside display, in order
to maintain the nature of commercial activities
in this zoning district as being conducted pre-
dominately in a completely enclosed building.
Any business wishing to display merchandise
outside shall permit a building department
employee or employees to enter the main use
s~ructure containing said business for the
purpose of measuring the interior square footage
of said main use structure for the purpose of
enforcing this subsection. In the event that
entry by the building department employee or
employees is denied no outside display shall
be permitted.
Section 2. That Section 29-12 SC (Specialized Commercial) (N)
Special Regulations (1) is hereby repealed and a new Subsection (1) is
hereby enacted to read as follows:
(1) It is the purpose of this commercial zoning district to
provide for commercial uses that are permanent rather than
transitory in nature, that are conducted within a completely
enclosed building rather than outside except as follows:
(a) Off-street parking, outdoor dining facilities,
storage and display of nursery plants, display of
automobiles, boats, recreational vehicles and trucks,
fruit and vegetable displays, and signs, may be
conducted or used outside.
(b) Retail uses other than those in (a) above may display
merchandise outside, adjacent to the building con-
taining the main use upon the following conditions:
1) An occupational license has been obtained by
the business making the display from the City
Building Department.
2) No display will be permitted on public rights-
of-way, or areas used for public ingress and
egress whether public or private ownership.
3) The fire department may require the removal or
modification of outside displays upon written
order, when such displays prevent or impede
adequate ingress and egress for emergency vehicles.
4) 'Display is permitted only upon property owned or
leased by the business conducting the main use.
- 2 - ORD NO. 3-7~
5) A maximum of 1~ of the square footage of the
interior of the building containing the main
use may be used for outside display, in order
to maintain the nature of commercial activities
in this zoning district as being conducted pre-
dominately in a completely enclosed building.
Any business wishing to display merchandise
outside shall permit a building department
employee or employees to enter the main use
structure containing said business for the purpose
of measuring the interior square footage of said
main use structure for the purpose of enforcing
this subsection. In the event that entry by the
building department employee or employees is
denied no outside display shall be permitted.
Section 3. That Section 29-13 CBD (Central Business District)
(O) Special Regulations (1) is hereby repealed and a new Subsection (1)
is hereby enacted to read as follows:
(1) It is the purpose of this commercial zoning district to
provide for commercial uses that are permanent rather
than transitory in nature, that are conducted within a
completely enclosed building rather than outside except
as follows:
(a) Off-street parking, outdoor dining facilities, storage
and display of nursery plants, fruit and vegetable
displays, and signs, may be conducted or used outside.
(b) Retail uses other than those in (a) above may display
merchandise outside, adjacent to the building con-
taining the main use upon the following conditions:
1) An occupational license has been obtained by
the business making the display from the city
!
Building Department.
2) No display will be permitted on public rights-
of-way, or areas used for public ingress and
egress whether public or private ownership.
3) The fire department may require the removal or
modification of outside displays upon written
order, when such displays prevent or impede
· adequate ingress and egress for emergency vehicles
4) Display is permitted only upon property owned or
leased by the business conducting the main use.
5) A maximum of 1~ of the square footage of the
interior of the building containing the main
use may be used for outside display, in order to
maintain the nature of commercial activities in
this zoning district as being conducted pre-
dominately in a completely enclosed building.
Any business wishing to display merchandise
- 3 - ORDo NO. 3-78
outside shall permit a building department
employee or employees to enter the main use
structure containing said business for the
purpose of measuring the interior square footage
of said main use structure for the purpose of
enforcing this subsection.. In the event that
entry by the building department employee or
employees is denied no outside display shall
be permitted.
Section 4. That Section 29-13.1 LC (Limited Commercial District)
(M) Special Regulations (1) is hereby repealed and a new Subsection (1) is
hereby enacted to read as follows:
(1) It is the purpose of this commercial zoning district to
provide for commercial uses that are permanent rather than
transitory in nature, that are conducted within a completely
enclosed building rather than outside except as follows:
(a) Off-street parking, outdoor dining facilities, and
signs, may be conducted or used outside.
(b) Retail uses other than those in (a) above may display
merchandise outside, adjacent to the building containin¢
the main use upon the following conditions:
1) An occupational license has been obtained by the
business making the display from the City Building
Department.
2) No display will be permitted on public rights-
of-way, or areas used for public ingress and egress
whether public or private ownership.
3) The fire department may require the removal or
modification of outside displays upon written
order, when such displays prevent or impede
adequate ingress and egress for emergency vehicles
4) Display is permitted only upon property owned or
leased by the business conducting the main use.
5) A maximum of 1~ of the square footage of the
interior of the building containing the main use
may be used for outside display, in order to
maintain the nature of commercial activities in
this zoning district as being conducted predomi-
nately in a completely enclosed building. Any
business wishing to display merchandise outside
shall permit a building department employee or
employees to enter the main use structure con-
taining said business for the purpose of measuring
the interior square footage of said main use
structure for the purpose of enforcing this sub-
section. In the event that entry by the building
department employee or employees is denied no
outside display shall be permitted.
- 4- ORD. NO. 3-78
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 ten days
after passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading
on this the 23rd day of January , 1978.
ATTEST:
City Clerk
First Reading January 9, 1978.
Second Reading January. 2,3, 1978