09-77 ORDINANCE NO. 9-77
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AME~DING CHAPTER 29
"ZONING" OF THE CODE OF ORDINANCES OF THE CITY
OF DELRAY BEACH TO CREATE A NEW ZONING DISTRICT
TO BE KNOWN AS LIMITED COMMERCIAL (LC) AND
PRESCRIBING THE USES PERMITTED THEREIN; AMENDING
SECTION 29-2 (c) "ESTABLISHMENT OF ZONING DISTRICTS"
TO INCLUDE THE NEW LC DISTRICT; REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING A PENALTY CLAUSE; PROVIDING
A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, 'the Planning and Zoning Board has' recommended that
a new LC Limited Commercia'l District be established; and,.
WHEREAS, the City administration concurs in said recommendation;
and,
WHEREAS, the City Council of Delray Beach, Florida has determined
that such change should be made,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section !. That the Cede of the City of Delray Beach, Florida,
as amended, be further amended by adding the following section to Chapter
29 "Zoning":
Section 29-13.1 LC Limited .Commercial District
(a) PURPOSE
The LC zoning district is intended to provide an area for'
retail commercial activities located in completely enclosed
buildings, and to preserve and develop the character of the
businesses presently located in the area of East Atlantic.
Avenue, between the Intracoastal Waterway and the Atlantic
Ocean.
(B) PERMITTED USES
(1) Antiques
(2) Art galleries, supplies and crafts
(3) Auctions
(4) Bakeries
(5) Barber. sh~ops
(6) Bath shops
(7) Beauty shgps
(8) Bookstores
(9) Broadcasting studios
(10) Business machines, including service
(11) Business offices
(12) Caterers
(13) Cheese shops
(14) Cocktail lounges, and bars, subjec~ to Chapter 4
(15) Confectioneries
(16) Cosmetics
(17) Delicatessens
(18) Department stores
(19) Draperies and slipcovers
(20) Drugstores
(21) Financial institutions, including drive-in facilities
(22) Florists
(23) Food stores
(24) Gift shops
(25) Health foods
(26) Hearing aids
(27) Hobby Shops
(28) Ic~e cream parlors
(29) I~port shops
(30) Interior decorator shops
(31) Jewelers
(32) Leather goods
(33) Libraries
(34) Luggage
(35) Museums
(36) Music shops
(37) Newsstands
(38) Optical equipment
(39) Parking lots and parking garages
(40) Photographic equipment and supplies
(41) Photographic studios
(42) Professional offices
(43) Restaurants
(44) Sewing supplies
(45) Single family.residences, occupied by the owners of the
business, and located on the same parcel of land, either
above or behing the commercial use.
(46) Sporting goods
(47) Stationery
(48) .Tailoring
(49) Tobacconist
(50) Toy shops
(51) Wearing apparel and accessories for men, women, and
children
(C) CONDITIONAL USES
As prescribed in Section 29-21, and after the review of the
application and plans appurtenant thereto, and hearing
thereon~ the Planning and Zoning Board finds as a fact that
the proposed use or uses are consistent with good zoning
practice, not contrary to the Master Plan, and not
detrimental to the promotion of public appearance, comfort,
convenience, general welfare, good order, health, morals,
pro.sperity, and safety of the City, the following uses may
be recommended to the City Council as Conditional Uses:
(1) Board and care homes, subject to Section 29-1(8)
(2) Churches or places of worship, .including their attendant
educational, recreational, and' columbarium facilities
- 2 - Ord. No. 9-77.
(3) Clubs and lodges, including fraternal, recreational,
and social
(4) Community center facilities
(5) Hotels and motels
(6) Multiple family projects and their attendant recreational
facilities, subject to Site and Development Plan Approval
(Sec.29-22). These projects shall comply with the
district regulations for the RM~15 zoning district.
(7) Natural resource, utilities
(8) Public utilities~
(D) LOT DIMENSIONS AND SITE AREA
No requirements
(E) BUILDING SETBACKS
(1) Front 10 ft.
(2) Side (interior) 0
(3) Side (street) 10 ft.
(4) Rear 10 ft.
(F) GROUND FLOOR BUILDING AREA
No requirements
(G) 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).
(H) PARKING AND LOADING REGULATIONS
See Sec. 29-18 and See. 29-19
(I) WALLS AND FENCES
See Sec. 29-17 (I)
(J) DISTRICT BOUND~/~¥ LINES
See Sec. 29-17(J)
(K)' LAArDSCAPING
See Chapter 15C
(L) SIGNS
See Chapter 3
(M) S-PECIAL REGULATIONS
(1) Ail uses except off-street parking, outdoor dining
facilities, and signs, shall be located in a completely
enclosed building.
- 3 - Ord. No. 9-77.
(2) Artificial lighting used to illuminate the premises
shall be directed away from adjacent properties.~
(3) The ten (10) foot front setback shall be used as a
landscaped area. Within this landscaped area, no paving
shall be allowed except for driveways 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
LC Limited Commercial District
Section 3. That all ordinances or parts of ordinances in con-
flict herewith be and the same are hereby repealed.
Section 4. That any person, firm or corporation .violating any of
the provisions of the Section above shall, upon conviction, be punished
as provided in Section 1-6 of the Code of Ordinances of the City of Delray
Beach.
Section 5. That should any section or provision of this
ordinance or any pcrtion thereof, any paragraph, sentencc cr 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 ~ ADOPTED in regular session on second and final reading
on this the 28th day of February . , 1977.
ATTEST:
y City Clerk
First Reading Februar~ 1~ 1977
Second Reading February 28.~ 1977
- 4 - Ord.No. 9-77.