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23-74 ORDINANCE NO. 23-74. 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, AS AMENDED, BY REVISING SECTION 29-7 PER- TAINING TO THE USES, REGULATIONS AND REQUIREMENTS IN THE C-1 LIMITED CO~RCIAL DISTRICT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVING CLAUSE; PROVIDING A PENALTY CLAUSE. WHEREAS, the Planning and Zoning Board has recommended revision of the uses, regulations and requirements in the C-1 Limited Commercial District as set forth in Section 29-7 of Chapter 29 "Zoning" of the Code of Ord'!.nanc~.~.-. and; WHEREAS, the City Council of the City of Delray Beach, Florida, concurs in said recommendation, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COLTNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That Section 29-7 of Chapter 29 "Zoning" of the Code of Ordinances of the City of Delray Beach is hereby repealed and of no effect. SECTION 2. That the following revised Section 29-7 of Chapter 29 "Zoning" of the Code of Ordinances is hereby adopted and shall be codified in Chapter 29, Zoning, as follows: "Sec. 29-7 LIMITED COMMERCIAL DISTRICT (C-l) (A) PURPOSE The C-1 Zoning District is intended to provide an area for predominantly retail commercial activities that are oriented toward major collector or arterial roadways. (B) USES PERMITTED (1) Single family dwellings and their customary accessory uses including garages, tool sheds, workshops, storage sheds, greenhouses, slat houses, dog houses and dog runs, bird aviaries, pump houses, swimming pools, pool houses and covers, playhouses, guest cottages, boat docks, and other recreational facilities. Single family dwellings shall comply with the district regu- lations established for the R-lA Zoning District. (2) Home occupations as defined in Section 29-1 (3) Multiple family projects containing two (2) dwelling units in one or more structures. Multiple family projects shall comply with the district regulations established for the RM-15 Zoning Dist :ict. (4) Appliance stores, including radio and television service (5) Art, antique, or gift shop (6) Automotive parts, retail only (7) Bakery, where products made on the premises only are sold at retail (8) Bank, including drive-in bank and other financial ins ti tut ions (9) Bicycle sales and service (10) Bookstore (11) Brokerage office (12) Cafe, tea room (13) Caterer (14) Cocktail lounges, bars and package stores, subject to Chapter 4 (15) Delicatessen (16) Drugstore, confectionery (17) Florist (18) Fruit store (19) Furniture store (20) Hardware store (21) Ice cream parlor (22) Jewelry store (23) Laundromats (24) Laundry and dry cleaning pick-up stations (25) Luggage store (26) Medical offices and services (27) Music store (28) Newsstand (29) Office furniture, supplies and equipment (30) Parking lot or storage garage for non-commercial vehicles (31) Personal services, including but not limited to barber- shop, beauty salon, masseur (32) Pet grogming (33) Photographic studio (34) Photographic supply (35) Printing and publishing (36) Real estate office (37) Restaurant, excluding drive-in and drive-through (38) Shoe store or repair (39) Stationery and gift stores (40) Sporting goods store (41) Sundries and variety stores (42) Wearing apparel, furnishings for men, women and children, including shoes, furriers, modiste, millinery (43) Any other retail business in which there is no processing Or treatment of materials, goods or products. CONDITIO~NAL USES As prescribed in Section 29-7.4, and after the review of the application and plans appurtenant thereto and hearing there- on, the Planning and Zoning Board finds as a fact that the proposed use or uses are consistent with good zoning prac- tice, not contrary to the Master Plan, and not detrimental to the promotion of public safety, health convenience, com- fort, morals, prosperity, appearance, good order, and gener- al welfare of the City, the fellowing uses may be recommended to the City Council as Conditional Uses: -2- Ord. No. 23-74. (1) Multiple family projects containing three (3) or more dwelling units in one or more structures and their attendant recreational and sales facilities. Multiple family projects shall comply with the district regu- lations established for the RM-15 Zoning District. (2) Commercial uses totally contained within a residential structure, limited to a total floor area not to exceed ten (10) per cent of the gross residential floor area contained therein, exclusive of vehicular parking and service areas and limited to such uses as restaurants, delicatessens and such personal services as beauty shops, barber shops, drug stores, professional and business offices. (3) Bowling alleys, pool and billiard halls, skating rinks, outdoor miniature golf courses, and similar establish- ments. (4) Broadcasting facilities (5) Churches and their attendant educational and recrea- tional facilities (6) Communication and utility establishments (7) Funeral homes (8) Food and grocery stores, retail only (9) Golf courses, swimming and tennis clubs, and similar recreational facilities as principal uses when used as a public facility or private club. (10) Hospitals (11) Libraries, community center buildings, public museums (12) Motels and hotels (13) Natural resource utility (14) Office building (15) Professional offices consisting of accountants, archi- tects, attorneys, chiropractors, dentists, engineers, landscape architects, naturopaths, opticians, optome- trists, osteopaths, physicians and surgeons, podiatrists, and psychologists. (16) Public utilities, excluding equipment and storage yards (17) Schools, nursery schools and kindergartens, public and private (18) Service stations without major repairs (19) Social, fraternal, and recreational clubs and lodges (D) MINIMUM BUILDING SITE AREA No minimum requirements. (E) MINIMUM BUILDING SETBACKS (1) Front 10 .feet (2) Side (interior) 0 (3) Side (street) 10 feet (4) Rear 10 feet (F) MAkIMUM BUILDING HEIGHT No building or structure shall be constructed to a height exceeding thirty-five (35) feet, unless approved as a ConditiOnal Use. (G) PARKING AND LOADING REQUIREMENTS See Sec. 29-7.3. Ord. No. 23-74. (H) WALLS AND FENCES Within any Limited Commercial District, all walls, fences, or similar structures erected on any lot or parcel of land, shall conform to the following criteria: (1) No wall, fence, or similar structure shall be main- tained within the area at any corner street intersec- tion at elevations the City Engineer determines will obstruct visibility. (2) Walls, fences, or similar structures shall not contain any substance such as broken glass, spikes, or nails. No electrically charged fence shall be erected on any lot or parcel of land in this zoning district. (3) All areas devoted to the storage of equipment or sup- plies shall be adequately screened with landscaping pursuant to the criteria stated in Chapter 15C of this Code and shall further be enclosed by a fence or wall at least six (6) feet in height, but not to exceed twelve (12) feet in height. No outdoor storage of equipment or supplies shall exceed the height of the enclosing wall or fence or building, whichever provides the best visual obstruction from a public right-of-way. (I) CONDITIONS OF OPERATION (1) All businesses and servicing shall be conducted wholly within a completely enclosed building, except for off- street loading and automobile parking. (2) Any building used primarily for any of the above enumer- ated purposes may not have more than twenty-five (25) per cent of the floor area devoted to storage purposes incidental to the primary use." SECTION 3. That any person, firm or corporation violating any of the provisions of SECTION 2 above, shall, upon conviction, be punished as provided in Section 1-6 of the Code of Ordinances of the City of Delray Beach. SECTION 4. The remaining sections of Chapter 29, not repealed in SECTION 1 above, shall remain in full force and effect. SECTION 5. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 6. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconsti- tutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions hereof. PASSED AND ADOPTED in regular session on second and final reading on this the 10th day of Jun~ , 1974. ATTEST: VICE M A Y 0 R C~ty Clerk Pirst Reading May 13, 1974 Second Reading' !i i~i,I ~ ii 'i~t~4 -4- Ord.