64-74 ORDINANCE NO. 64-74.
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 ADDING DEFINITIONS FOR A "DRIVE-IN RESTAU-
RANT OR REFRESHMENT STAND" AND "RESTAURANT"; REPEALING
ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; PROVIDING A SAVING CLAUSE.
WHEREAS, the Planning and Zoning Board has recommended the adoption
of definitions for "Drive-in Restaurant or Refreshment Stand" and
"Restaurant"; and,
WHEREAS, the City Administration concurs in said recommendation,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CiTY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 29-1 "Definitions" of Chapter 29 "Zoning"
of the Code of Ordinances of the City of Delray Beach, as amended, be
further amended by adding the following definitions:
(65) Drive-In Restaurant or Refreshment Stand. Any place or premise
where provision is made on the premises for the selling, dispensing,
or serving of food, refreshments, or beverages in automobiles and/or
in other than a completely enclosed building on the premises.
Included are those establishments where customers may serve them-
selves and may eat or drink the food, refreshments, or beverages
in automobiles or on the premises and/or in other than a completely
enclosed building on the premises. A restaurant which provides
drive-in facilities of any kind in connection with regular restaurant
activities shall be deemed a drive-in restaurant for purposes of
these zoning regulations. A barbeque stand or pit having the char-
acteristics noted in this definition shall be deemed a drive-in
restaurant.
(66) Restaurant. An establishment where food is ordered from a
menu, prepared, and served for pay primarily for consumption on the
premises in a completely enclosed ro6m, under roof of the main
structure, or in an interior court. A drive-in restaurant is not a
restaurant. A cafeteria shall be deemed a restaurant for purposes
of these zoning regulations.
Section 2. All ordinances or parts of ordinances in conflict herewitt
be and the same are hereby repealed.
Section 3. If any section, subsection, sentence, clause, phrase or
portion of this ordinance is for any reason held invalid or unconstitutional
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 9th day of December , 1974.
ATTEST: // 'M A-Y 0 R ~ ~
~/ City Clerk
First Reading November 12t 1974
Second Reading December 9, 197~ -