20-95 ORDINANCE NO. 20-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.3,
"SINGLE FAMILY RESIDENTIAL (R-I) DISTRICTS",
SUBSECTION 4.4.3(C), "ACCESSORY USES AND STRUCTURES
PERMITTED" OF THE LAND DEVELOPMENT REGULATIONS OF
THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING
SUBPARAGRAPH 4.4.3(C)(2) TO ALLOW HOME OCCUPATIONS AS
AN ACCESSORY USE WITHIN ALL SINGLE FAMILY ZONING
DISTRICTS; PROVIDING A GENERAL REPEALER 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 March 20,
1995, and has forwarded the change with a recommendation of approval
by unanimous vote; 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
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 Four, "Zoning Regulations", Article
4.4, "Base Zoning District", Section 4.4.3, "Single Family Residential
(R-l) Districts", Subsection 4.4.3(C), "Accessory Uses and Structures
Permitted", subparagraph 4.4.3(C)(2), of the Land Development
Regulations of the City of Delray Beach, Florida, be, and the same is
hereby amended to read as follows:
restrictions set forth in Sectio~ 4,~,3(K).
~9~L~Q~D__~ That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
~ection $. 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
immediately upon passage on second and final reading.
PASSED AND ADOPTED _in regular session on second and final
reading on this the 18th day of April , 1995.
ATTEST:
- City C-le~k - '
First Reading April 4, 1995
Second Reading April 18, 1995
- 2 - Ord. No. 20-95
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # /0-~ '- MEETING OF APRIL 18. 1995
SECOND READING FOR ORDINANCE NO. 20-95/HOME OCCUPATIONS
AS AN ACCESSORY USE WITHIN ALL SINGLE FAMILY ZONING
~I~TRICTS
DATE: APRIL 12, 1995
This is second reading for Ordinance No. 20-95 which amends
Section 4.4.3(C)(2) of the Land Development Regulations to allow
home occupations as a permitted accessory use within all of the
R-1 (Single Family) zoning districts.
As currently written, the regulations for single family zoning
categories allow home occupations as an accessory use only within
the R-I-A, R-I-AA and R-1-AAB districts. They are not permitted
in R-i-AB, R-l-AAA or R-1-AAAB. A number of requests have been
received to establish home occupations in these zones. Thus far,
they have been denied given the existing code restriction. It is
not unreasonable to expect that we will be receiving more
requests given the trend toward more work-at-home occupations.
Staff has researched this matter and there does not appear to be
a valid basis for the restriction.
The Planning and Zoning Board formally reviewed this ordinance on
March 20, 1995, and voted unanimously to recommend that it be
approved. Inasmuch as the proposed amendment represents a change
to the permitted use category of single family zoning districts
exceeding five percent of the City's land area, Florida Statutes
Section 166.041(3)(c) requires two advertised public hearings.
The first was held at first reading on April 4th, at which time
the Commission passed the ordinance by unanimous vote. The
second public hearing has been scheduled for Tuesday, April 18th.
Recommend approval of Ordinance No. 20-95 on second and final
reading.
ref: agmemo 10
CITY COMMISSION DOCUMENTATION
TO: DAVID T. HARDEN, CITY MANAGER
THRU: DI CTOR
~G AND ZONING
FROM: AF/~F~EY A. COSTELLO /S~R PLANNER
SUBJECT: MEETING OF APRIL 4, 1995
CONSIDERATION OF AN LDR TEXT AMENDMENT TO SECTION
4.4.3(C)(2) TO ALLOW HOME OCCUPATIONS AS AN ACCESSORY
USE WITHIN ALL SINGLE FAMILY (R-l) ZONING DISTRICTS.
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of Ordinance No. 20-95
amending Section 4.4.3(C)(2) of the LDRs to allow Home
Occupations as an accessory use in all Single Family
Residential (R-l) zoning districts.
BACKGROUND:
The proposed amendment relates to the provision within the LDRs
which allows home occupations as an accessory use within
specific single family districts. Pursuant to LDR Section
4.4.3(C)(2), within the Single Family Residential (R-i) zoning
districts, home occupations are allowed but only within the
R-i-A, R-l-AA, and R-1-AAB districts. Thus, home occupations
are not allowed within the remaining single family R-l-AB,
R-l-AAA, and R-1-AAAB zoning districts.
Home occupations have been a permitted accessory use in the City
since 1959. They are subject to a number of restrictions as set
forth in LDR Section 4.3.3(K), as well as regulations regarding
the parking of commercial vehicles (LDR Section 4.6.13). The
ordinance has functioned well, and there have been few incidents
of non-compliance.
There have been a number of requests to establish home
occupations in the remaining R-1 zoning districts, however,
based upon the current code requirement, those requests have
been denied. City records have been researched and there does
not appear to be a valid basis for the restriction.
City Commission Documentation
Meeting of April 4, 1995
LDR Text Amendment Re: Home Occupations (Ordinance No. 20-95)
Page 2
PROPOSED LDR TEXT AMENDMENT:
The proposed amendment will allow home occupations to be
established as an accessory use within all single family
residential (R-l) zone districts. As adequate restrictions are
in place which regulate home occupations, there are no adverse
impacts anticipated with expanding home occupations as an
accessory use to all single family residential districts.
Given the trend toward more work-at-home occupations, it makes
sense to expand those opportunities for people who are able to
work from their homes.
Additional background and analysis of the amendment is described
in the attached Planning and Zoning Board staff report.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of March 20, 1995. The Board voted 7-0 to recommend
approval of the amendment.
RECOMMENDED ACTION:
By motion, approve on first reading of Ordinance No. 20-95
amending LDR Section 4.4.3(C)(2) to allow Home Occupations as an
accessory use within the Single Family Residential (R-l) zoning
districts.
Attachments:
* P&Z Staff Report and Documentation of March 20, 1995
* Proposed Ordinance No. 20-95
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING DATE: MARCH 20, 1995
AGENDA ITEM: V.C - AMENDMENT TO LDR SECTION 4.4.3(C)
[SINGLE FAMILY RESIDENTIAL (R-l) DISTRICTS],
TO ALLOW HOME OCCUPATIONS AS AN ACCESSORY
USE WITHIN ALL SINGLE FAMILY RESIDENTIAL
ZONING DISTRICTS.
ITEM BEFORE THE BOARD:
The item before the Board is that of making a
recommendation to the City Commission regarding an LDR text
amendment to Section 4.4.3 (C), Single Family Residential
(R-l) Zoninq District, Accessory Uses and Structures
Permitted, which would allow home occupations as an
accessory use within all single family residential
districts.
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.
BACKGROUND:
The proposed amendment relates to the provision within the LDRs
which allows home occupations as an accessory use within
specific single family districts. Pursuant to LDR Section
4.4.3(C)(2), within the Single Family Residential (R-l) zoning
districts, home occupations are allowed but only within the
R-l-A, R-l-AA, and R-1-AAB districts. Thus, home occupations
are not allowed within the remaining single family R-l-AB,
R-l-AAA, and R-1-AAAB zoning districts.
In addition, home occupations are allowed as an accessory use in
the following zone districts:
* A (Agricultural)
* RR (Rural Residential)
* RL (Low Density Residential)
* RM (Medium Density Residential)
* PRD (Planned Residential District)
* RO (Residential Office District)
* OSSHAD (Old School Square Historic Arts District)
There have been a number of requests to establish home
occupations in the remaining R-1 zoning districts, however,
based upon the current code requirement, those requests have
been denied. City records have been researched and there does
not appear to be a valid basis for the restriction.
V.C.
P & Z Board Memorandum Staff Report
LDR Text Amendment - Home Occupations in all R-i zone districts
Page 2
ANALYSIS:
The proposed amendment will allow home occupations within all
single family residential (R-l) zone districts. It is noted
that home occupations are limited to the restrictions set forth
in LDR Section 4.3.3(K). These restrictions mostly relate to
maximum floor area of the use, equipment storage, traffic,
signage, and appearance (copy attached). Further, within the
residential districts, parking of any commercial vehicle either
associated with a home occupation, or not, is governed by
Section 4.6.13 (Parking and Storage of Commercial Vehicles,
Boats, Trucks, and Similar Vehicles) (copy attached). As the
above restrictions are in place which regulate home occupations,
there are no adverse impacts anticipated with expanding home
occupations as an accessory use to all single family residential
districts.
RECOMMENDED ACTION:
By motion, recommend to the City Commission that LDR Section
4.4.3(C)(2) be amended to state the following:
* Home occupations subject to the restrictions set forth ~in
Section 4.3.3(K).
Attachments:
* Proposed Ordinance
* Home Occupations Ordinance [Section 4.3.3(K)]
* Regulations Regarding Parking and Storage of Commercial
Vehicles [Section 4.6.13]
Section 4.4.3 Single Family Residential (R-l) District=
(C) Accessory Uses and Structures Permitted= The following
uses are allowed when part of, or accessory to, the
principal use:
(1) Uses and structures normally associated with
residences such as: bird aviaries, boat docks, dog
houses and dog runs, garages, greenhouses, guest
cottages, playhouses, pool houses and covers, pump
houses, slat houses, storage sheds, tennis courts,
swimming pools, and workshops.
(2) Home occupations ~Z ~ W~Z~ Z~ ~~ ~;b%~
MMM R~M D~Z~MZ~f subject to the restrictions set
forth in Section 4.3.3(K).
(3) Family Day Care pursuant to restrictions set forth in
Section 4.3.3(T) (Child care, up to five children).
(4) Home Tutorial Services subject to the restrictions set
forth in Section 4.3.3(KK). ''
(5) Recreational facilities attendant to a subdivision
which is operated under a bona fide homeowners
association such- as: tennis courts, swimming pools,
exercise area, clubhouse, and golf courses.
Section 4.3.3(K) Home Occupations: A home occupation is one
conducted in a dwelling unit under the following restrictions:
(a) No person other than members of the family
residing on the premises shall be engaged in
such occupation.
(b) The use of the dwelling unit for the home
occupation shall be clearly incidental and
subordinate to its use for residential
purposes by its occupants, and shall under no
circumstances change the residential
character thereof.
(c) There shall be no change in the outside
appearance of the building or premises, or
other visible evidence of the conduct of such
home occupation.
(d) In the single-family zoning districts, no
sign or display shall be visible other than
an unlighted nameplate not exceeding qne
square foot in area, which would indicate
from the exterior that the building is being
partially used for any purpose other than a
dwelling. In the multiple family zoning
districts, no sign of any type shall be
allowed.
(e) No home occupation shall be conducted in any
accessory building.
(f) No home occupation shall occupy more than 20%
of the first floor area of the residence,
exclusive of the area of any open porch or
attached garage or similar space not suited
or intended for occupancy as living quarters.
(g) No traffic shall be generated by such home
occupation in greater volumes than would
normally be expected in a residential
neighborhood, and any need for parking
generated by the conduct of such home
occupation shall be met off the street and
other than in the required front setback.
(h) No equipment or process shall be used in such
home occupation which creates fumes, glare,
noise, odors, vibration, or electrical
interference detectable to the normal senses
off the lot. In the case of electrical
interference, no equipment or process shall
be used which creates visual or audible
interference in any radio or television
receivers off the premises.
(i) The following shall not be considered home
occupations: antique or gift shops, musical
instruments or dance instructor, barbershops,
beauty shops, food processing,
fortune-telling or similar activity, massage
parlors, medical or dental laboratories,
outdoor repair, photographic studio, retail
sales, studio for group instruction, swimming
instructor, and tearooms. The giving of
group instruction of any type shall not be
deemed a home occupation.
(j) The giving of individual instruction to one
person at a time such as an art or piano
teacher, shall be deemed a home occupation,
provided however, that the provisions of
division (i) above shall apply, as to
prohibiting individual uses.
(k) Fabrication of articles such as are commonly
classified under the terms of arts and
handicrafts may be deemed a home occupation,
subject to the other terms of this division,
and providing no retail sales are made at the
home.
(1) A home-occupation shall be subject to all
applicable city occupational licenses and
other business taxes.
Section 4.6.13 Parkinq and Storage of Commercial Vehiclesw
Boatsw Truckst and Similar Vehicles=
(A) Prohibitions and Restrictions in Residential Districts:
(1) It shall be unlawful for any agent, operator,
owner, or person in charge of any bus, pole trailer,
semi-trailer, trailer, trailer coach, truck, truck trailer, or
industrial equipment, to park, store, or keep such motor vehicle
on any public street, avenue, alley, or other thoroughfare, or
any right-of-way within any residential zoning district in the
city, for a period exceeding one hour in any 24-hour period.
Each such period shall commence at the time of first stopping or
parking, unless a permit is first obtained from the Police
Department.
(2) Unless otherwise provided for, it shall be
unlawful for the owner, agent, or operator of the motor vehicles
and industrial equipment set forth herein, or the owner of
property in any residential zoning district in the city, to park
on, or cause to be parked on, or allow to be parked on any
residential property in the city, or in the streets, alleys, or
parkways abutting the property, any bus, pole trailer,
semi-trailer, trailer, trailer coach, truck, truck trailer, or
industrial equipment, for a period exceeding one hour in any
24-hour period. Each such period shall commence at the time of
first stopping or parkingi unless a permit is first obtained
from the Police Department, or as otherwise provided for in new
references.
(3) The restrictions of divisions (1) and (2) above
shall not apply to the temporary parking of such vehicles on
private property in residential zoning districts, whereon
construction is underway. A current and valid building permit
issued by the city must be properly displayed on the premises.
(4) The restrictions of divisions (1) and (2) above of
one hour in residential zoning districts shall not apply to
routine deliveries by tradesmen, or the use of trucks in making
service calls, providing such time in excess of one hour is
actually in the course of business deliveries or servicing.
(5) The restrictions of divisions (1) and (2) above
shall not apply to vehicles which become disabled, and as a
result of such emergency are required to be parked within a
residential zoning district longer than one hour. Any disabled
vehicle, however, shall be removed from the residential zoning
district within 24 hours, by a wrecker if necessary, regardless
of the nature of the emergency.
(B) Permissible Parking:
(1) Trucks: Restrictions on truck parking shall be
applicable in all residential zoning districts and shall permit
only panel, pickup, van, and similar type trucks, not over 3/4
ton rated capacity. In all R-lA zoning districts, the
restrictions shall apply to trucks of one and one-half (1-1/2)
ton, or greater, capacity. In all residential zoning districts,
no more than two (2) trucks may be parked on a lot improved with
a residence. Such vehicle must be used by a resident of the
premises. For purposes of this section, a lot includes the
property on which the residence is located and any adjacent lot
which is under the control of the owner or lessee of the
residence. Parking on vacant lots is otherwise prohibited.
(2) One boat, one boat trailer, and one recreational
vehicle may be parked in a garage or carport which is effectively
screened on three sides, provided no portion of the boat, boat
trailer, or recreational vehicle extends beyond the roof line.
(3) One boat, one boat trailer, and one recreational
vehicle may be parked in the side or rear yard provided the pl.ot
is occupied by a permitted structure. Such boat, boat trailer,
or recreational vehicle shall be effectively screened against
direct view from abutting properties in the following manner:
by a masonry wall, ornamental fence, or dense hedge, six feet
high or equal to the height of the vehicle if the vehicle is
less than six feet high. If a hedge is used as the method of
screening, the hedge should be three feet at the time of
planting and should be of a variety which can reasonably be
expected to reach the required height within two years. This
regulation is not to be construed as requiring screening from
direct view from the street in front of the plot.
(4) Such boat, boat trailer, or recreational vehicle
must be owned and used by a resident of the premises.
(5) No boat or recreational vehicle which is parked in
a residential district shall be occupied or used for living,
sleeping, or housekeeping purposes, nor shall it be connected to
any utility service.
(6) A boat, boat trailer, or recreational vehicle may
be parked only if it is currently registered as required by state
or federal law, and if the transportation of the vehicle is in
compliance with F.S. Chapter 317.
(7) One boat, one boat trailer, or one recreational
vehicle may be parked in the front driveway for a 24-hour period
for the purpose of loading or unloading.
(8) No boat, boat trailer, or recreational vehicle
shall be parked in the area between the street and the structure.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM # /U.D' - MEETING OF 4~4%~4~=-z~-1, 1995
FIRST READING FOR ORDINANCE NO. 20-95/HOME OCCUPATIONS
AS AN ACCESSORY USE WITHIN ALL SINGLE FAMILY ZONING
DISTRICTS
DATE: MARCH 30, 1995
This is first reading for Ordinance No. 20-95 which amends
Section 4.4.3(C)(2) of the Land Development Regulations to allow
home occupations as a permitted accessory use within off all of
the R-1 (Single Family) zoning districts.
As currently written, the regulations for single family zoning
categories allow home occupations as an accessory use only within
the R-I-A, R-l-AA and R-1-AAB districts. They are not permitted
in R-i-AB, R-l-AAA or R-1-AAAB. A number of requests have been
received to establish home occupations in these zones. Thus far,
they have been denied given the existing code restriction. It is
not unreasonable to expect that we will be receiving more
requests given the trend toward more work-at-home occupations.
Staff has researched this matter and there does not appear to be
a valid basis for the restriction.
The Planning and Zoning Board formally reviewed this ordinance on
March 20, 1995, and voted unanimously to recommend that it be
approved. Inasmuch as the proposed amendment represents a change
to the permitted use category of single family zoning districts
exceeding five percent of the City's land area, Florida Statutes
Section 166.041(3)(C) requires two advertised public hearings on
the proposed ordinance.
Recommend approval of Ordinance No. 20-95 on first reading. If
passed, the second of two required public hearings will be held
on April 18, 1995.
ref:agmemol0
NOTICE OF PERMITTED ACCESSORY USE
CHANGE WITHIN SINGLE FAMILY RESIDENTIAL
(R-l) ZONING DISTRICTS OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF
DELRAY BEACH, FLORIDA
The City of Delray Beach proposes to change the permitted accessory uses within Single Family Residential
(R-l) zoning districts, affecting land within the area shown in the map in this advertisement. The proposed
change to the land Development Rxgulations is more specifically the following:
Amending Section 4.4.3, "Single Family Residential (R-I) Districts", Subsection
(C), "Accessory Uses and Structures Permitted", to allow home occupations a~ an
accessory use within all single family residential zoning districts.
The City Commission will conduct two (2) Public Hearings for the purpose of accepting public testimony
regarding the proposed use change. The first Public Hearing will be held on TUESDAY, APRIL 4. 1995, AT
7.:~0.P.M, (or at any continuation of such meeting which is set by the Commission), in the Commission
Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida. If passed on First Reading, the second
Public Hearing will be held on TUESDAY. APRIL 18, 1995. AT .7:00 P.M. (or at any continuation of such
meeting which is set by the Commission).
All interested citizens are invited to attend the public hearings and comment upon the proposed use change
or submit their comments in writing on or before the date of these hearings to the Planning and Zoning
Department, For further information or to obtain a copy of the proposed amendment to the Land
Development Regulations, please contact the Planning and Zoning Department, City Hall, 100 N.W. 1st
Avenue, Delray Beach, Florida 33444 (Phone 4071243-7040), between the hours of 8:00 a.m. and 5:00 p.m.,
Monday through Friday, excluding holidays.
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE
CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THESE HEARINGS,
SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THESE
PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE
UPON ~q"IICH THE APPEAL IS TO BE BASED. THE CITY DOES NOT PROVIDE NOR PREPARE
SUCH RECORD. PURSUANTTO ES. 286.0105.
PUBLISH: The News CITY OF DELRAY BEACH
March 27, 1995 Alison MacGregor Harry
ri112, 1995 City Clerk
ca Raton/Delray Beach
Ad #450355.
NOTICE OF PERMITTED ACCESSORY USE
CHANGE WITHIN SINGLE FAMILY RESIDENTIAL
(R-l) ZONING DISTRICTS OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF
DELRAY BEACH, FLORIDA
The City of Delray Beach proposes to change the permitted accessory uses within Single Family Residential
(R-I) zoning districts, affecting land within the area shown in the map in this advertisement. The proposed
change to the land Development Regulations is more specifically the following:
Amending Section 4.4.3, "Single Family Residential (R-I) Districts", Subsection
(C), "Accessory .~lr, es and Structures Permitted", to allow home occupations as an
accessory use witl{lin all single family residential zoning districts.
The City Commission will conduct two (2) Public Hearings for the purpose of accepting public testimony
regarding the proposed use change. The first Public Hearing will be held on TUESDAY, APRIL 4. 1995, AT
7:00 P.M. (or at any continuation of such meeting which is set by the Commission), in the Commission
Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida. If passed on First Reading, the second
Public Hearing will be held on TUESDAY. APRIL 18. 1995. AT 7:00 EM. (or at any continuation of such
meeting which is set by the Commission).
All interested citizens are invited to attend the public hearings and comment upon the proposed use change
or submit their comments in writing on or before the date of these hearings to the Planning and Zoning
Department. For further information or to obtain a copy of the proposed amendment to the Land
Development Regulations, please contact the Planning and Zoning Department, City Hall, 100 N.~5 1st
Avenue, Delray Beach, Florida 33444 (Phone 407/243-7040), between the hours of 8:00 a.m. and 5:00 p.m.,
Monday through Friday, excluding holidays.
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE
CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THESE HEARINGS,
SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THESE
PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE
UPON WHICH THE APPEAL IS TO BE BASED. THE CITY DOES NOT PROVIDE NOR PREPARE
SUCH RECORD. PURSUANTTO ES. 286.0105.
PUBLISH: The News CITY OF DELRAY BEACH
March 27, 1995 Alison MacGregor Harry
April 12, 1995
Boca Raton/Delray Beach City Clerk
Ad #450355.
...~nstructions to Newspaper: This ad iS not to be placed in the legal
'ads/classified secti~of'~
_ the newspaper. The ad must be at least a
Qne-quarter (1/4).~age ad, and the entire headline must be
~~eadline.~ Thank you.
*/**/**
NOTICE OF PERMITTED ACCESSORY USE CHANGE
WITHIN SINGLE FAMILY RESIDENTIAL (R-l) ZONING DISTRICTS
OF THE LAND DEVELOPMENT REGULATIONS
OF THE CITY OF DELRAY BEACH, FLORIDA
The City of Delray Beach proposes to change the permitted accessory
uses within Single Family Residential (R-l) zoning districts,
affecting land within, the area shown in the map in this
advertisement. The proposed change to the Land Development
Regulations is more specifically'the following:
Amending Section 4.4.3, "Single Family Residential (R-l)
Districts", Subsection (C), "Accessory Uses and Structures
Permitted", to allow home occupations as an accessory use
within all single family residential zoning districts.
(INSERT MAP HERE)
The City Commission will conduct two (2) Public Hearings for the
purpose of accepting public testimony regarding the proposed use
change. The first Public Hearing will be held on TUESDAY. APRIL 4.
1995. AT 7:00 P,M. (or at any continuation of such meeting which is
set by the Commission), in the Commission Chambers at City Hall, I00
N.W. 1st Avenue, Delray Beach, Florida. If passed on First Reading,
the second Public Hearing will be held on TUESDAY, APRIL 18. 1995.
AT 7:00 P.M. (or at any continuation of such meeting which is set by
the Commission).
All interested citizens are invited to attend the public hearings
and comment upon the proposed use change or submit their comments in
writing on or before the date of these hearings to the Planning and
Zoning Department. For further information or to obtain a copy of
the proposed amendment to the Land Development Regulations, please
contact the Planning and Zoning Department, City Hall, 100 N.W. /st.
Avenue, Delray Beach, Florida 33444 (Phone 407/243-7040), between
the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday,
excluding holidays.
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION
MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT
THESE HEARINGS, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM
RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THE
CITY DOES NOT PROVIDE NOR PREPARE SUCH RECORD. PURSUANT TO F.S.
286.0105.
PUBLISH: Delray Beach News CITY OF DELRAY BEACH
March 27, 1995 Alison MacGregor Harty
April 12, 1995 City Clerk
-' ~ ~OTE'~ The map~i-~'-n0t-~to be reduced any Smaller~'
':~- , -~han .4-1/2" by'.4-1/2".~
Thank you.
;
L-~30 CANAL
MEMORANDUM
TO: ALISON MACGREGOR HARTY, CITY CLERK
FROM: PLANNING DEPARTMENT~{),~0~.~.
RE: PREPARATION OF ORDINANCES
DATE: APRIL 4, 1995
The attached LDR Text Amendment is scheduled for First
Reading on April 4~ 1995. Please prepare the appropriate
ordinances. The back-up documentation are provided for your
information.
* LDR Text Amendment to allow home occupations as an
accessory use in the Single Family Residential (R-lAB,
R-1AAA and R-1AAAB) zoning districts.
David Tolces has determine that the proposed amendment would be
a substantial change to the permitted use category of the zoning
district. The land area of the applicable districts exceeds 5%
of the City thus the advertising and hearing requirements of FS
166.041(3)(c)2 would apply.
The ordinance will require two public hearings at the City
Commission level and both hearings must be advertised.
Required advertisement shall be a 1/4 page ad.
If you would like me to prepare the ad please let me know by
tomorrow a.m.
Thanks.
Attachments
ClTV DF ELfl .¥ ELEVEN
CITY ATTORNEY'S OFFICE ~' "'~¥ ~' ~ ~"'~'~ * ~':~'*~¥ ~)~' ~"~°~'~^ ~""
F,%('SIMII.I( 407 27g-4755 Writer's Direct Line: (~7) 243-7~
DELRAY BEACH
Ali.America City MEMO~DU~I
l,~j,~''''~ DATE: Marchl4, 1995
~993 TO: Jasmin Allen, Pla~er
FROM: David N. Tolces, Assistant City Atto~
SUBJECT: LDR Amendment - Allow Home Occupations in all R-1 Zoning Districts
The probosed amendn]ef]t would be a substantial change ill tile l)clmillcd USC categories
in the R-1 Zoning Districts, which currently do not allow for home occupations. As the
affected land area is likely to be more than 5% of the City's total land area, the
advertising and hearing requirements of Section 166.041(3)(c)2 should be followed.
Please call if you have any questions.
DNT:smk
cc: Diane Domingues, Planning & Zoning Director
R1Zoning.dnt
(~ F'LAf',~N~G & ZONING
Prtntod on F~ocycled P;~per