33-65 ORDII~NCE NO. 33-65.
AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA,
RELATING TO JUNK YARDS, SETTING FORTH DEFINITIONS
AND RESTRICTIONS AS TO LOCATION AND AREA; REOUIR-
ING JUNK YARDS TO BE OBSCURED BY MEANS.OP FENCES,
PENALTY pROVISIONS, SAVINGS CLAUSE, EFFECTIVE DATE,
AND FOR OTHER PURPOSES.
PREAMBLE
WHEREAS, it is recognized that Junk Yards and automobile
graveyards are presently or may be in the future located or operated
within the municipal limits of the CITY OF DELRAY BEACH, FLORIDA, in
such a manner as to create public nuisances and thereby adversely af-
fect the health, safety, morals and welfare of the inhabitants of the
said City; and'~
WHEREAS, it is deemed essential by the City Council of said
municipality that reasonable regulatory requirements be established in
connection with the establishment and operation of such facilities in
order to minimize the adverse effect of same to the orderly develop-
ment and asthetic values of the community, as well as for the protec-
tion of the general welfare of the public, now therefore
BE IT ORDAINED BY THE CXTY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA:
SECTIpN 1. Definitions:
For the purposes of this Chapter, the following definitions
shall apply:
(1) "Junk" shall mean old or scrap copper, brass, rope, rags,
batteries, paper, lumber, trash, rubber, debris, oddments, wastements,
litter, leavings, ruins, castoffs, rummage, waste, or junked, dismantl-
ed or wrecked automobiles, or parts thereof, iron, steel and other old
scrap ferrous or non-ferrous material.
(2) "Automobile graveyard" shall mean an establishment or
place of business which is maintained or operated for the use of stor-
ing, keeping, buying or selling wrecked, scrapped, ruined, or dismantl-
ed motor vehicles or motor vehicle parts.
(3) "Junkyard" shall mean an establishment or place of busi-
ness which is maintained or operated for the use of storing, keeping,
buying or selling such junk, or for the maintenance or operation of an
automobile graveyard.
(4) "City Council" shall mesh City Council of the City of
Delray Beach, Florida.
SECTION 2. Restrictions upon new junk yards or
automobile graveyards.
It shall be unlawful for any person, firm or corporation to
hereafter establish or maintain an automobile graveyard or junk yard
as hereina~Ove defined without first obtaining a special permit there-
for from the City Council. In connection with the issuance of such
permits the following requirements shall be applicable=
(a) Area - The minimum area of land to be used shall not be
less than 40,000 square feet and the maximum area of land so used shall
not exceed 200,000 square feet.
(b) Screening of premises: erection, maintenance - The area
to be occupied by the junk yard shall be entirely surrounded by a sub-
stantial, continuous solid fence or wall at least eight (8) feet in
height. Such fence or wall shall be of similar composition, construc-
tion, and color throughout and shall be constructed without openings
except for one entrance mhd one exit, such entrance and exit to be e-
quipped with solid gates. Such gates shall be closed and securely
Page 2. ORDINANCE NO. 33-65.
locked at all times, except during business hours. Plans for such
fence or wall shall be submitted to the City Council who aha11 deter-
mine whether or not%~he proposed fence will meet the requirements of
this chapter, No buildlng permit shall be issued for the construction
of such fence or wall until the approval of the City Council has been
secured. Such fence shall be maintained in good order and shall not
be allowed to deteriorate.
(c) Applications for issuance of special permits provided
for hereinabove shall be made upon forms to be prescribed by the City
Clerk.
~CT!ON .~. Restrictions upon existing junk yards or
automobile graveyards.
Since it is the intent of this chapter to minimize the ex-
tension of nonconforming uses and to look to their possible eventual
elimination, any junk yard or automobile graveyard existing and oper-
ating as a nonconforming use in any district on the effective date of
this ordinance shall be allowed to continue its operations sttbject to
the following provisions, and all other applicable provisions of the
City Code and City Charter, to-wit=
(a} Area - The actual area used for the operation of such
junk yards or automobile graveyard as of this date, shall not be in-
creased at any time or under any circumstances.
(b) Buildings - No additional permanent buildings shall be
erected and no presently existing permanent buildings shall be struc-
turally altered to increase their bulk or square footage area.
(c) Screening of premises~ erection, Maintenan0e - Within
ninety days after the effective date of this ordinance, the area occu-
pied by the junk yard shall be entirely surrounded by a substantial,
continuous solid fence or wall at least eight (8) feet in height. The
fence shall meet the requirements of Section 2 above and the procedure
there outlined for approval of the plans for such fence shall be fol-
lowed.
It is the intent of this chapter that the time period allow-
ed for the erection of the fence is reasonable and that the requirement
of such fence is necessary to accomplish the purposes of this ordinance;
and further that any'such, fence shall enclose the said lot or junk yard
from public view, therefore, it shall be unlawful for any person, firm,
or corporation operating such an establishment to keep or pile any
wrecked automobiles or parts or junk at a height exceeding eight (8}
feet.
SECTION_4. Separability.
Each of the provisions of this ordinance are separable, in-
cludlngword, clause, phrase, or sentence, and if any portion hereof
shall be declared invalid, the remaining portion shall not be affected
but shall remain in full force and effect.
~.ECTI0~...§~ Repealing Provisions.
All ordinances or parts of ordinances in conflict herewith
are hereby repealed.
SEC?.ION.~.. Penalty Provisions.
Any person, firm or corporation convicted or violating the
provisions of this ordinance, shall upon conviction thereof be punish-
ed in accordance with Section 1-6, Code of Ordinances of this City.
SE.~CTION 7._ Effective Date°
This ordinance shall become effective in the manner and at
the time provided by the Charter and Ordinances of the City of Delray
~each, Florida.
PASSED in regular session on the second and final reading on
this the llth day of October, 1965.
ATTEST :/
Pirst readin~ Septembe? 13, 1,965, Second Reading 0¢tob~r~!l,' .1965
DELRAY BEACH NEWS-JOURNAL
Published Semi.Weekly
Delray Beach, Palm Beach County, Florida
PROOF OF PUBLICATION
STATE OF FLORIDA
i
COUNTY OF PALM BEACH
~-v~. ~ ~~'-)~ ...................... T
~ ~ m~ o~ ..~_::~_..%~- ....................................................
~ ~ ...........~ ~?.~.~_ ~, ~, ~~~ ...... ~ ...... "' ..... ~--;-~-~c~' ~ ~~ ~ ~'
A~ut fltrther says that the said Delray ,Beach News-Journal i~ ~4mh~!~a~ Delray
Beach, in said Palm Beach eou~t~, Florida, and that the said newspape~ ha~ heretofore been
conti~uously publish~ in said Palm Beach Cotmty, Florida, each week and ha~ been entered
a~ second class mail matter at ~e post o~ee in Delray Beach. in said Palm Beac~
Flo~icla, for a period of one rear next preceding the flint publication of the attached ~ of
vertisment; a~d affiant Iurther says that he has neither psJd nor p~ any person. ~n or
corporation ar~v discount, ~ebate, commission o~ ~xmd for the tmc~pose o~ securing this adver-
tisement for publication in the said newspaper...l~-~-'~ L..L_.~.k.4~
........ ~,..~-t4..: ...........
I~OlhaY ~U~.,~e', STATE OF FLO~I'OA AT LAR6E
DELRAY BEACH NEWS JOURNAL
Published Semi. Weekly
Delray Beach, Palm Beach County, Florida
PROOF OF PUBLICATION
News-,lournal, a semi-w~ newspaper published at ~ Beach in Palm Beach Coun.ty, Florida;
· t.. g.,, .......~,/ :'" '~>"-'/..~..,-L -..,/'" ~ '"'/
A~t further says that the said Delray Beach News-Journal is a newspaper published at Delmy
Beach, /n said Palm Beach County, Florida, and that the said newspaper has heretofore been
continuously published in said Pahn Beach County, Florida, each week and has been entered
as second class marl matter at the post office in Delray Beach. in said Palm Beach County,
Florida, for a period of one year next preced/ng the first publication of the attached copy of ad-
vertisement; and affiant further says that he has neither paid nor prom/sed any person, firm or
corporation any discount, rebate, commission or refund for the lmrlaose of securing this adver-
Sworn to and subscribed before me this '"~"~'-¥,-'~-r,-~ day 0~.~...~. ~A.D. 1~.~
NOTARY PUKe, ~;A?E OF FLO~fD~ A!
MY GOMMISSlON EXPIRES OCT. 25,