35-78 ORDINANCE NO. 35-78
AN ORDINANCE OF THE CITY ~OUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING" OF THE
CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY
CREATING A NEW ZONING DISTRICT TO BE KNOWN AS SECTION
29-15.1 SAD (SPECIAL ACTIVITIES DISTRICT) (NON-RESI-
DENTIAL) ALLOWING THE PROPERTY OWNER TO REQUEST DESIRED
USES AT THE TIME OF FILING AN APPLICATION FOR REZONING;
AMENDING SECTION 29-2(C) "ESTABLISHMENT OF ZONING DIS-
TRICTS'' TO INCLUDE THE NEW SAD DISTRICT; PROVIDING A
SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Board at the meeting of March 21,
1978i unanimously recommended that a new z. oning district be established to
be known as Section 29-15.1 SAD Special Activities District (Non-Residential);i
and,
WHEREAS, at the May 15, 1978, workshop meeting City Council agreed
to have the ordinance prepared to create this new zoning district,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 29 "Zoning" of the Code of Ordinances of
the City of Delray Beach, Florida, is hereby amended by adding the following
Section:
Section 29-15.1 SAD SPECIAL ACTIVITIES DISTRICT (Non-
Residential)
(a) PURPOSE
The SAD is intended for those locations where tracts
suitable in location, area, and character for the spe-
cialized purposes proposed by the applicant, and as
determined in the action rezoning a particular property,
are to be planned and developed as units. The uses and
activities of th.e SAD are to be suitable and compatible
with surrounding existing development, and with the
prospective character of the area. '~t is further
intended that, in the establishment of a SAD, that the
uses and activities proposed for such districts, shall
not be detrimental to the appearance, comfort, convenience
general welfare, good order, health, morals, prosperity,
and safety of the City, and the general area in which they
may be located. It is further intended that the uses and
activities to be established in, and conducted within
such districts, shall be determined at the time of re-
zoning land to this particular classification, and that
uses and activities may vary from one SAD to another, to
the end that the districts where established, will
accomplish the purposes set out.
(B) USES
Uses and activities allowed within a given SAD shall be
those determined at the time of rezoning to SAD. Com-
patibility of uses and activities within the district,
in relation to the present and prospective development
in the areas surrounding the district and the City as a
whole shall guide the determination of allowable uses
at the time a particular property is rezoned to SAD.
(C) CONDITIONAL USE, SITE AND DEVELOPMENT PLAN APPROVAL
The establishment of all uses within a SAD shall be
subject to Conditional Use and Site and Development
Plan Approval (Sec. 29-21 and Sec. 29-22). No use
shall receive said approvals unless it has been stated
in the ordinance rezoning the property to SAD.
(D) LOT DIMENSIONS AND SITE AREA
No requirements.
(E) BUILDING SETBACKS
The following shall be the minimum setback for all
buildings and structures in this zoning district:
(1) Front 15 ft.
(2) Side (interior) 15 ft.
(3) Side (street) 15 ft.
(4) Rear 15 ft.
Provided, however, that additional depth may be required
for any setback as a part of conditional use and site
and development plan approval.
(F) GROUND FLOOR BUILDING AREA
No minimum requirements, except as may be provided for
at the time property is rezoned to SAD.
(G) TOTAL FLOOR AREA
No minimum requirements, except as may be provided for
at the time property is rezoned to SAD.
(H) BUILDING HEIGHT
No building or structure shall be constructed to a
height exceeding thirty-five (35) feet, unless approved
as a Conditional Use (Sec. 29-21).
(I) PARKING AND LOADING REGULATIONS
See Sec. 29-18 and Sec. 29-19.
(J) WALLS AND FENCES
See Sec. 29-17(I) .
(K) DISTRICT BOUlVDARY LINES
See Sec. 29-17 (J) o
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~ (L) LANDSCAPING
~ See Chapter 15C.
(M) SIGNS
See Chapter 3.
(N) SPECIAL REGULATIONS
(1) It is the purpose of this zoning district to pro-
vide for 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 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.
(3) The fire department may require the re-
moval 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~/o of the square footage of
the interior of the building containing
the main use may be used for outside dis-
play, in order to maintain the nature of
commercial activities in this zoning dis-
trict as being conducted pred°minately in
a completely enclosed building. Any
business wishing to display merchandise
outside, shall permit a building depart-
ment employee or employees to enter the
main use structure containing said busi-
ness, 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
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by the building department employee or
employees is denied, no outside display
shall be permitted.
(c) Industrial, distributional, and office facili-
ties may have outside storage areas, which
shall be landscaped.
(2) Artificial lighting used to illuminate the premises
shall be directed away from adjacent properties.
(3) Within the fifteen ~(15) foot front setback, the
first ten (10) feet abutting the right-of-way shall
be used as a landscaped area. Provided, however,
that if additional depth is required for the front
setback, additional depth may also be required to be
used as a landscaped area. Within this landscaped
area, no paving shall be allowed except for drive-
ways and walkways leading to a structure on the
premises. Such driveways and walkways shall be
allowed only when points of ingress and egress are
generally perpendicular to the property line.
Section 2. That Section 29-2(C) be amended by adding the following:
(C) ESTABLISHMENT OF ZONING DISTRICTS
SAD SPECIAL ACTIVITIES DISTRICT (Non-Residential)
Section 3. 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 4. 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 12th day of June , 1978.
MA Y ~R
ATTEST:
City Clerk
First Reading ~4ay 22, 1978
Second Reading June 12, 1978
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