72-95 ORDINANCE NO. 72-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.9,
"GENERAL COMMERCIAL (GC) DISTRICT", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH,
BY INCORPORATING USE RESTRICTIONS AND DEVELOPMENT
STANDARDS TO BE APPLIED IN THE WEST ATLANTIC AVENUE
OVERLAY DISTRICT; 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 a special meeting on
November 13, 1995, and voted unanimously to forward the change with a
recommendation of approval; 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:
$~c~ion 1, That Chapter Four, "Zoning Regulations", Article
4.4, "Base Zoning District", Section 4.4.9, "General Commercial (GC)
District", of the Land Development Regulations of the City of Delray
Beach, Florida, be, and the same is hereby amended to read as follows:
Section 4.4.9 General Commercial (GC) District:
(A) Purpose and Intent: The General Commercial (GC)
District provides basic regulations for small parcels which are best
suited for general retail and office uses but which are not of
sufficient size to be designed in a planned sense. The GC designation
is applied to small parcels, most of which are developed, where
adherence to standard regulations is most appropriate. The GC
designation is to be applied primarily along arterial and collector
streets. Uses may be conducted singularly or in combination within
the same structure.
(B) Principal Uses and Structures Permitted: The following
~¢~/~/~ are allowed within the GC District as ~ permitted uses.
except as prohibited in the West Atlantic Avenue Overlay District by
Section 4.4.9(G)(1)~a~:
i~ (1) General retail uses including, but not limited to:
* Antiques, arts and crafts, automotive parts,
baked goods, books, carpet and floor
covering, cheeses, beer, wine, liquor,
confectionaries, cosmetics, meats, draperies
and slipcovers, medicines and prescriptions,
electrical fixtures and supplies, fabrics,
fish, flowers and plants, fruits and
vegetables, food, garden supplies, gifts,
glassware, hardware and paints, home
furnishings, ice cream, lawn care equipment,
leather goods, luggage, medical and surgical
equipment, music and musical instruments,
nautical supplies, office furniture equipment
and supplies, pets and pet supplies,
photographic equipment and supplies, sewing
supplies, sporting goods, toys, wearing
apparel and accessories, appliances,
bicycles, business machines, jewelry.
(2) Business and Professional uses including, but not
limited to:
· Interior decorating, medical and dental
clinics, medical and dental laboratories,
photographic studios, printing and
publishing, professional offices.
(3) Contractor's Offices including, but not limited
to:
· Air conditioning, general contractor,
electrical, painting, and plumbing; however,
any outside storage of materials is
prohibited.
(4) Services and Facilities including, but not limited
to:
· Auctions, barber and beauty shops and salons,
caterers, dry cleaning limited to on-site
processing for customer pickup only, dry
cleaning and laundry pickup stations,
financing (e.g. banks and similar
institutions including drive-through
- 2 - Ord. No. 72-95
facilities), laundromats limited to
self-service facilities, pet grooming,
restaurants including drive-in and
drive-through, tailoring, tobacconist,
vocational schools (limited to arts and
crafts, business, beauty, dancing, driving,
gymnastics, photography, modeling, and
karate-judo), and small item repair.
* Abused spouse residence with forty (40) or
fewer residents, galleries, broadcast
studios, butcher shops, cocktail lounges,
exercise facilities (e.g. gyms and clubs),
indoor shooting ranges, museums, libraries,
newsstands, commercial or public parking lots
and parking garages, theaters excluding
drive-ins.
(5) Dwelling units in the same structure as commercial
uses provided that more than 50% of the gross floor area is devoted to
commercial uses.
(C) Accessory Uses and Structures Permitted: The following
uses are allowed when a part of, or accessory to, the principal use:
(1) Parking lots
(2) Refuse and service areas
(3) Provision of services and repair of items
incidental to the principal use
(4) Storage of inventory either within the same
structure as where the sale of goods occurs or in a separate structure
on the same parcel provided that such storage facilities are not
shared or leased independent of the primary commercial use of the site
(5) Single family detached dwellings for residence by
business owners, proprietors or employees.
(D) Conditional Uses and Structures Allowed: The following
~¢~ are allowed as conditional uses within the GC District ~~
~ /~ /~~ /~ /~/~/~f~ except as prohibited in the West
Atlantic Avenue Overlay District by Section 4.4.9(G)(1)(a):
- 3 - Ord. No. 72-95
(1) Adult entertainment establishments
(2) Alcohol and drug abuse treatment facilities
(3) Amusement game facilities limited to such uses as
pinball, air hockey, electronic games, and other similar coin operated
games when an attendant is on duty
(4) Wash establishments or facilities for vehicles
(5) Child care and adult day care
(6) Clubs and lodges; social, fraternal, and
recreational
(7) Communication and transmission facilities
(8) Drive-in theaters
(9) Flea markets, bazaars, merchandise marts, and
similar retail uses
(10) Funeral homes
(11) Gasoline stations or the dispensing of gasoline
directly into vehicles
(12) Hotels and motels
(13) Free-standing multiple family housing subject to
the requirements of the RM District except for setback and height
requirements which shall be pursuant to this section
(14) Recreational establishments such as bowling
alleys, gymnasiums, health spas, miniature golf courses, skating rinks
(15) Vehicle care limited to the changing of oil and
filters, and lubrication with no mechanical work or outside storage of
vehicles except as a part of a gasoline station
(16) Veterinary clinics
- 4 - Ord. No. 72-95
(E) Review and Approval Process:
(1) In established structures, uses shall be allowed
therein upon application to, and approval by, the Chief Building
Official for a certificate of occupancy.
(2) For any new development, plan approval must be
granted by the Site Plan Review and Appearance Board pursuant to
Sections 2.4.5(F), (G) and (I).
(3) Conditional uses must be approved pursuant to the
provisions of Section 2.4.5(E).
(4) All applications for commercial or multiple family
residential ~gvelopmgnt. including signs, within the West Atlantic
Avenue Overlay District will be forwarded to the West Atlantic Avenue
Archit~¢tur~ Committee (ARC) and the Community Redevelopment Agency
for cQmment.
(F) Development Stan4ards: In addition to T~he development
standards ~ set forth in Section 4.3.4. the following development
~ shall apply ~/95~/~¢/~W~ in the GC District:
(1) When there is no dedicated access available to the
rear of any structure, a side setback of ten feet (10') shall be
provided. [173.473(D)]
(2) West Atlantic Avenue Overlay District Development
Standards: The following development standards apply in the West
Atlantic Avenue Overlay District as defined in Section 4.5.6(B):
(a) Parcels that have frontage along Atlantic
Avenu9 ~h~l have a front setback of five feet (5'~ from the ultimate
right-of-Way line. The front setback area shall be paved with paver
blocks to match the existing sidewalks within the Atlantic Avenue
right-of-way.
(b) The minimum open space requirement is tg~
percent (10%~ of the site area. All landscape requirement~ for
parking lots and buffering of residential properties, pursua~ ~O
Sections 4.6.5 and 4.6.16. shall apply.
(G) Supplemental District Regulations: In addition to ~he
supplemental district regulations ~ set forth in Article 4.6. the
following supplemental district regulations shall apply in the GC
District:
- 5 - Ord. No. 72-95
(1) West Atlantic Avenue Overlay District Supplemental
District Regulations: The followina supplemental district regulations
apply in the West Atlantic Avenue Overlay District as defined in
Section 4.5.6(B~:
(al The following principal and conditional uses
~re prohibited in the overlay district:
Retail or Wholesale Firearm or
Ammunition Sales
Retail or Wholesale Automotive Parts
* Lawn Care EauiDment Sales
Contractor's Offices
* Abused SPouse Residences
Shooting Ranaes
* Adult Entertainment Establishments
* Service Stations
(bi Dwp~ling units are permitted within the same
structure as commercial uses. In the event that residential and
non-residential uses are located in the same structure, residential
uses and non-residential uses must be physically separated, have
separate accessways, and residential units shall not be located on the
ground floor. The Site Plan Review and Appearance Board may exempt
dwelling units in this district from the restrictions contained in
SectioB 4.4.9(B)(5). in conjunction with the approval of a site and
development plan.
(c) Commercial structures are limited to a
maximum depth of 150 feet from the ultimate right-of-way of Atlantic
Avenue. unless the parcel has frontage on N.W. 5th Avenue or S.W. 5th
Avenue. Accessory uses such as parking areas, landscaping, and
drainage retention areas may extend beyond the 150 foot limit.
~S~blishment or expansion of structures beyond the 150 foot limit may
be allowed as a conditional use. subject to the required findings of
Section 2.4.5(E)(5).
(d) Six (6) parking spaces per 1.000 square fee%
of gross floor area are required for restaurants and one (1) parking
space per 300 square feet of gross floor area is required for al~
other non-residential uses. Parking spaces for residential ~SPS a~e
required at the rates established in Section 4.6.9(C)(2~,
- 6 - Ord. No. 72-95
(e) I~ i~ is impossible or inappropriate to
provide required parking on site or off-site, the in-lieu ~ee option
provided in Section 4.6.9(E)(3) may be applied.
(f) Ther~ is no restriction on repair and/or
reconstruction of non-conforming single family residences located a
minimum of 150 feet from Atlantic Avenue.
(g) Pa~kinq areas and accesswavs to parking lots
must be located to the rear of commercial structures that have
frontage on Atlantic Avenue. Where locating parking to the rear of
the structure is impossible or inappropriate, the Site Plan Review and
Appearance Board may approve an alternate location.
(H) Special Regulations:
(1) The first ten feet of the front yard setback which
is adjacent to a right-of-way shall be a landscaped area. except
within the West Atlantic Avenue Overlay District as defined in Section
4.5.6¢B). Within ~ the required front landscape area, no paving
shall be allowed except for driveways and walkways which shall be
generally perpendicular to the property line.
(2) In structures located in the West Atlantic Avenue
Overlay District as defined in Section 4.5.6(B) that have an entrance
from and/or windows facing Atlantic Avenue. the sale of second hand
material, except verifiable antiques and/or collectibles (coins.
stamps, sports memorabilia, etc.) is proh~bit~,
(3) In structures located ~B the West Atlantic AveB~9
Overlay District as defined in Section 4.5.6(B) that have an entranc9
from and/or windows facing Atlantic Avenue. the picking up or dropping
off. or otherwise transporting of workers, assigned thrQugh an
employment agency from an assembly point to the work site is
Section 2. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 3. 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.
- 7 - Ord. No. 72-95
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 5th day of December , 1995.
ATTEST:
~city-c~erk ....
First Reading November 21, 1995
Second Reading December 5, 1995
- 8 - Ord. No. 72-95
MEMORANDUM
Date: November 27, 1995
City Clerk
..~... ,~.-. ' .~ ." .,~.,..i~ '~ j~~ ~.,.~' ...'~ ' ~ '
From: ~~enior~~ -'-~ Planner
Re: LDR text amendments associated with the West Atlantic Avenue
Redevelopment Plan
During the City Commission first reading/public hearing of the proposed LDR text
amendments associated with the West Atlantic Avenue Redevelopment Plan, the
Commission requested a change. The Commission moved that the provision relating to
employment agencies be removed from Section 4.4.9(G)(1)(a) Prohibited Uses and that
language be added to Section 4.4.9(H)(3) to prohibit such agencies in parcels fronting
on Atlantic Avenue. Additionally, in response to a comment from the Planning and
Zoning Board, the third sentence of Section 4.4.9(G)(1)(c) should read, "Establishment
or expansion of..., rather than, "Expansion of..." Please make the required changes to
Ordinance 72-95. A copy of the corrected language is attached.
If you have any questions or require additional information, contact me at 7325.
P&Z Board Memorandum Staff Report
Special Meeting of November 13, 1995
LDR Text amendments associated with the West Atlantic Avenue Redevelopment Plan
Page 4
LDR Section 4.3.4(H)(6)(a) Special Building Setbacks:
f~¢ ~'kz~ ~nfz~r lin~
LDR Section 4.3.4(J)(4)(b)(i) Increases to Height Regulations
(4) Area "D" - the ,pref;~d~/-e~ properties =!thor s!dc cf At!ant!c ,~,vcnuc, 5ct'.':ccn SW !et
e,,..,~, .,,,,~ ~,~^~ ~ c, ~,,,,,~, .~v,,~,.~;-,.. ~,,-,,,.,, o,~ ,,-, ~,,;,,,,.,,, A ....... located south
of Atlantic Avenue, north of SW 1st Street. west of SW 1st Avenue. and east of
SW 4th Avenue; and the properties located north of Atlantic Avenue. south of
NW 1st Street, west of NW 1st Avenue, and east of NW 3rd Avenue.
LDR Section 4,4.9 General Commercial (GC) District:
(B) Principal Uses and Structures Permitted: The following ~pes-e-f-uses are
allowed within the GC District as-a permitted uses, except as prohibited in the West
Atlantic Avenue Overlay District by Section 4.4.9(G)(1)(a):
(D)Conditional Uses and Structures Permitted: The following uses are allowed
as conditional uses within the GC District pursuant *'"... ?'c.. prcv!s!cns '''~:v, _.° ,~..v,-,,'=~=~ exceDt.
as prohibited in the West Atlantic Avenue Overlay District by Section 4.4.9(G)(1)(a):
(E)Review and Approval Process:
(4) All applications for commercial or multiple family residential development.
including signs, within the West Atlantic Avenue Overlay District will be
forwarded to the West Atlantic Avenue Architectural Committee (.ARC) and
the Community Redevelopment Agency for comment.
(F)Development Standards: In addition to Ythe development standards as set forth
in Section 4.3.4, the followino_ develoDment, standards shall apply _.~.'-"-'"'-.= with ,k,,...~
~"" .... ;"'" in the GC District::
(2) West Atlantic Avenue Overlay District Development Standards: The
following development standards apply in the West Atlantic Avenue Overlay
District as defined in Section 4.5.6(B):
(a) Parcels that have frontage along Atlantic Avenue shall have a front
setback of 5 feet from the ultimate right-of-way line. The front setback
area shall be paved with paver blocks to match the existing sidewalks
within the Atlantic Avenue right-of-way.
P&Z Board Memorandum Staff Report
Special Meeting of November 13, 1995
LDR Text amendments associated with the West Atlantic Avenue Redevelopment Plan
Page 5
(b) The minimum open space requirement is 10% of the site area. All
landscape rec!.uirements for parking lots and buffering of residential
properties, pursuant to Sections 4.6.5 and 4.6.16. shall apply.
(G)Supplemental District Regulations: In addition to t :l:he supplemental district
regulations as set forth in Article 4.6. the following supplemental district regulations
shall apply in the GC District:
(1) West Atlantic Avenue Overlay District Supplemental District
Regulations: The following supplemental district regulations apply in the
West Atlantic Avenue Overlay District as defined in Section 4.5.6(B):
(a) The following principal and conditional uses are prohibited in the overlay
district:
· __ Retail or Wholesale Firearm or Ammunition Sales
· __ Retail or Wholesale Automotive Parts Sales
· Lawn Care Equipment Sales
· Contractor's Offices
· Abused Spouse Residences
· Shooting Ranges
F(7 h/' ""~ ~ · Adult Entertainment Establishments
~ -_ Service Stations
(b) Dwelling units are permitted within the same structure as commercial
uses. In the event that residential and non-residential uses are located in
the same structure, residential uses and non-residential uses must be
physically separated, have separate accessways, and residential units
shall not be located on the ground floor. The Site Plan Review and
Appearance Board may exempt dwelling units in this district from the
restrictions contained in Section 4.4.9(B)(5), in conjunction with the
approval of a site and development plan.
(c) Commercial structures are limited to a maximum depth of 150 feet from
the ultimate right-of-way of Atlantic Avenue, unless the parcel has
frontage on NW 5th Avenue or SW 5th Avenue. Accessory. uses such as
parking areas, landscaping, a~ncl_dr-a~ _age-mtentio~e~eas. may extend
beyond the 150 foot limit. ',~E___stablishment ~0n ~)f structures
beyond the 150 foot limit may 'be allowed as' ~al-~se. subject to
the required findings of Section 2.4.5(E)(5).
(d) Six parking spaces per 1,000 square feet of gross floor area are required
for restaurants and I parking space .Der 300 sc!uare feet of gross floor
area is required for all other non-residential uses. Parking spaces for
residential uses are re~.uired at the rates established in Section
4.6.9(C)(2).
P&Z Board Memorandum Staff Report
Special Meeting of November 13, 1995
LDR Text amendments associated with the West Atlantic Avenue Redevelopment Plan
Page 6
e_)__ If it is impossible or inappropriate to provide required parking on site or
off- site, the in-lieu fee option provided in Section 4.6.9(E)(3) may be
applied.
sD._ There is no restriction on repair and/or reconstruction of non-conforming
single family residences located a minimum of 150 feet from Atlantic
Avenue.
g.)._ Parking areas and accessways to parking lots must be located to the rear
of commercial structures that have frontage on Atlantic Avenue. Where
locating parking to the rear of the structure is impossible or inappropriate.
the Site Plan Review and Appearance Board may approve an alternate
location.
(H) Special Regulations:
(1) The first ten feet of the front yard setback which is adjacent to the right-of-
way shall be a landscaped area, except within the West Atlantic Avenue
Overlay District as defined in Section 4.5.6(B). Within this the required front
landscape area, no paving shall be allowed except for driveways and
walkways which shall be generally perpendicular to the property line.
(2) In structures located in the West Atlantic Avenue Overlay District as defined
in Section 4.5.6(B) that have an entrance from and/or windows facing Atlantic
Avenue. the sale of second hand material, except verifiable antiaues and/or
collectibles (coins. stamps, sports memorabilia, etc.)is prohibited.
-~3) In structures located in the West Atlantic Avenue Overlay District as defined
in Section 4.5.6(B) that have an entrance from and/or windows facing Atlantic
Avenue. the picking up or dropping off. or otherwise transporting of workers,
assigned through an employment agency from an assembly point to the work
site is prohibited.
Section 4.5.6 The West Atlantic Avenue Overlay District:
(A) General: With the adoption of the City's Comprehensive Plan, by Ordinance
82-89 on November 28. 1989. the City identified the West Atlantic Avenue Corridor as
an area in need of redevelopment and revitalization. In accordance with Future Land
Use Element Policy C-2.4. a redevelopment plan was prepared for the area and
adopted by the City Commission at its meeting of July 11. 1995. This Section is
created to implement the provisions of the adopted West Atlantic Redevelopment
Plan. All development within the West Atlantic Overlay District, as defined in Section
(B). below, shall take place according to the provisions of the adopted plan.
P&Z Board Memorandum Staff Report
Special Meeting of November 13, 1995
LDR Text amendments associated with the West Atlantic Avenue Redevelopment Plan
Page 7
(B) Defined: The West Atlantic Avenue Overlay District is hereby established as
the area bounded by 1-95 on the west. Swinton Avenue on the east. SW 1st Street on
the south, and NW 15t Street on the north, and extending one block north of NW 15t
Street. along NW 5th Avenue to include Blocks 19 and 27, Town of Delray. The
regulations established in Sections 4.4.9(E)(4) and 4.4.9(G)(1) shall apply to all GC
zoned parcels within the Overlay District
(C) West Atlantic Avenue Architectural Review Committee (ARC):
(1) An Architectural Review Committee is hereby established to review all
development proposals located in the Overlay District. The ARC acts in
an advisory capacity to the Board(s) taking action on a development
proposal.
(2) The ARC will consist of 7 members serving 2 year terms. Three of the
initial members will serve 1 year terms in order to stagger the terms of
committee members. ARC members are nominated by the CRA Board of
Commissioners.
a) Members of the ARC shall be residents, property owners, or
business owners within the area bounded by SW 10th Street. 1-95.
Swinton Avenue, and Lake Ida Road.
b) Membership of the Committee will be as follows:
· Two land development professionals (architect. engineer,
surveyor, landscape architect, contractor, etc.);
· __ Two owners of businesses located in the West Atlantic Avenue
Overlay District and
· Three at large
(3)AIl applications, including signs, for commercial or multiple family
residential development within the West Atlantic Avenue Overlay District
will be referred to the ARC and the Community. Redevelopment Agency.
for advisory, review and comment.
(4) The ARC will meet as rec!.uired to review submissions, rather than at
reoular intervals.
LDR Section 4.6.9(E)(3) In-lieu Fee: If it is impossible or inappropriate to provide the
required number of on-site parking spaces, the City Commission may approve the
payment of a fee in-lieu of providing such required parking, pursuant to the following
provisions:
P&Z Board Memorandum Staff Report
Special Meeting of November 13, 1995
LDR Text amendments associated with the West Atlantic Avenue Redevelopment Plan
Page 8
(a) The in-lieu fee is eP,~y authorized only in the CBD er. OSSHAD, and GC
(West Atlantic Overlay District) Zoning Districts in compliance with the
Supplemental District Regulations therein.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~CITY MANAGER
SUBJECT: AGENDA ITEM # IOC~ - MEETING OF NOVEMBER 21. 1995
FIRST READING/FIRST PUBLIC HEARING FOR ORDINANCE NO.
72-95 (AMENDING GENERAL COMMERCIAL ZONING DISTRICT FOR
T~E WEST ATLANTIC AVENUE OVERLAY DISTRICT)
DATE: NOVEMBER 17, 1995
This is one of five ordinances proposed for approval on first
reading which amend various sections of the Land Development
Regulations in connection with the West Atlantic Avenue
Redevelopment Plan. This particular ordinance (#72-95) amends the
General Commercial zoning district as it applies to the area north
and south of Atlantic Avenue. The proposed West Atlantic Avenue
Overlay District and the associated text amendments establish
limitations on intensity, permitted uses, scale and site design
that will minimize impacts on adjacent neighborhoods and promote a
pedestrian-oriented shopping district as required by the plan.
Because this ordinance changes the list of allowable uses within
the district, two public hearings are required pursuant to F.S.
Chapter 166. The other four ordinances amend various provisions
pertaining to development standards and, therefore, require only
the one public hearing which will be held at second reading.
The preparation and approval of the West Atlantic Redevelopment
Plan were required pursuant to Comprehensive Plan Future Land Use
Element Policy C-2.4 and the subject test amendments are required
to implement the plan. The West Atlantic Avenue Redevelopment Plan
was adopted by the City Commission on July 11, 1995.
The Planning and Zoning Board reviewed this item at its meeting of
November 13, 1995, and voted unanimously to recommend that the text
amendment be approved.
Recommend approval of Ordinance No. 72-95 on first reading/first
public hearing, based on positive findings regarding consistency
with the Comprehensive Plan, pursuant to LDR Section 1.1.6 and F.S.
163.3194(2). If passed, a second public hearing will be held on
December 5, 1995.
ORDINANCE NO. 72-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.9,
"GENERAL COMMERCIAL (GC) DISTRICT", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH,
BY INCORPORATING USE RESTRICTIONS AND DEVELOPMENT
STANDARDS TO BE APPLIED IN THE WEST ATLANTIC AVENUE
OVERLAY DISTRICT; 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 a special meeting on
November 13, 1995, and voted unanimously to forward the change with a
recommendation of approval; 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:
~_~ That Chapter Four, "Zoning Regulations", Article
4.4, "Base Zoning District", Section 4.4.9, "General Commercial (GC)
District", of the Land Development Regulations of the City of Delray
Beach, Florida, be, and the same is hereby amended to read as follows:
Section 4.4.9 General Commercial (GC) District:
(A) Purpose and Intent: The General Commercial (GC)
District provides basic regulations for small parcels which are best
suited for general retail and office uses but which are not of
sufficient size to be designed in a planned sense. The GC designation
is applied to small parcels, most of which are developed, where
adherence to standard regulations is most appropriate. The GC
designation is to be applied primarily along arterial and collector
streets. Uses may be conducted singularly or in combination within
the same structure.
(B) Principal Uses and Structures Permitted: The following
~9~/~/~ are allowed within the GC District as ~ permitted uses.
except as prohibited in the West Atlantic Avenue Overlay District bv
Section
(1) General retail uses including, but not limited to:
* Antiques, arts and crafts, automotive parts,
baked goods, books, carpet and floor
covering, cheeses, beer, wine, liquor,
confectionaries, cosmetics, meats, draperies
and slipcovers, medicines and prescriptions,
electrical fixtures and supplies, fabrics,
fish, flowers and plants, fruits and
vegetables, food, garden supplies, gifts,
glassware, hardware and paints, home
furnishings, ice cream, lawn care equipment,
leather goods, luggage, medical and surgical
equipment, music and musical instruments,
nautical supplies, office furniture equipment
and supplies, pets and pet supplies,
photographic equipment and supplies, sewing
supplies, sporting goods, toys, wearing
apparel and accessories, appliances,
bicycles, business machines, jewelry.
(2) Business and Professional uses including, but not
limited to:
* Interior decorating, medical and dental
clinics, medical and dental laboratories,
photographic studios, printing and
publishing, professional offices.
(3) Contractor's Offices including, but not limited
to:
* Air conditioning, general contractor,
electrical, painting, and plumbing; however,
any outside storage of materials is
prohibited.
(4) Services and Facilities including, but not limited
to:
* Auctions, barber and beauty shops and salons,
caterers, dry cleaning limited to on-site
processing for customer pickup only, dry
cleaning and laundry pickup stations,
financing (e.g. banks and similar
institutions including drive-through
- 2 - Ord. No. 72-95
facilities), laundromats limited to
self-service facilities, pet grooming,
restaurants including drive-in and
drive-through, tailoring, tobacconist,
vocational schools (limited to arts and
crafts, business, beauty, dancing, driving,
gymnastics, photography, modeling, and
karate-judo), and small item repair.
* Abused spouse residence with forty (40) or
fewer residents, galleries, broadcast
studios, butcher shops, cocktail lounges,
exercise facilities (e.g. gyms and clubs),
indoor shooting ranges, museums, libraries,
newsstands, commercial or public parking lots
and parking garages, theaters excluding
drive-ins.
(5) Dwelling units in the same structure as commercial
uses provided that more than 50% of the gross floor area is devoted to
commercial uses.
(C) Accessory Uses and Structures Permitted: The following
uses are allowed when a part of, or accessory to, the principal use:
(1) Parking lots
(2) Refuse and service areas
(3) Provision of services and repair of items
incidental to the principal use
(4) Storage of inventory either within the same
structure as where the sale of goods occurs or in a separate structure
on the same parcel provided that such storage facilities are not
shared or leased independent of the primary commercial use of the site
(5) Single family detached dwellings for residence by
business owners, proprietors or employees.
(D) Conditional Uses an~Structures Allowed: The following
~ are allowed as conditional uses within the GC District ~~
~ /~¢ /~~ /~ /~/~/~f~;. except as prohibited in the West
Atlantic Avenue Overlay District by Section 4.4.9¢G)(1)~a):
- 3 - Ord. No. 72-95
(1) Adult entertainment establishments
(2) Alcohol and drug abuse treatment facilities
(3) Amusement game facilities limited to such uses as
pinball, air hockey, electronic games, and other similar coin operated
games when an attendant is on duty
(4) Wash establishments or facilities for vehicles
(5) Child care and adult day care
(6) Clubs and lodges; social, fraternal, and
recreational
(7) Communication and transmission facilities
(8) Drive-in theaters
(9) Flea markets, bazaars, merchandise marts, and
similar retail uses
(10) Funeral homes
(11) Gasoline stations or the dispensing of gasoline
directly into vehicles
(12) Hotels and motels
(13) Free-standing multiple family housing subject to
the requirements of the RM District except for setback and height
requirements which shall be pursuant to this section
(14) Recreational establishments such as bowling
alleys, gymnasiums, health spas, miniature golf courses, skating rinks
(15) Vehicle care limited to the changing of oil and
filters, and lubrication with no mechanical work or outside storage of
vehicles except as a part of a gasoline station
(16) Veterinary clinics
- 4 - Ord. No. 72-95
(E) Review amlApproval Process:
(1) In established structures, uses shall be allowed
therein upon application to, and approval by, the Chief Building
Official for a certificate of occupancy.
(2) For any new development, plan approval must be
granted by the Site Plan Review and Appearance Board pursuant to
Sections 2.4.5(F), (G) and (I).
(3) Conditional uses must be approved pursuant to the
provisions of Section 2.4.5(E).
(4~ Ail applications for commercial or multiple family
residential development, including signs, within the West Atlantic
Avenue Overlay District will be forwarded to the West Atlantic Avenue
Architectural Committee fARC) and the Community Redevelopment Agency
for comment.
(F) Development Standards: In additioD to ~he development
standards ~ set forth in Section 4.3.4. the followina development
~ shall apply ~/W~/~¢/~g~ in the GC District:
(1) When there is no dedicated access available to the
rear of any structure, a side setback of ten feet (10') shall be
provided. [173.473(D)]
J_~ West Atlantic Avenue Overlay District Developm~
Standards: The following development standards apply in the
Atlantic Avenue Overlay District as defined in Section 4.5.6(B):
(al Parcels that have frontage along Atlantic
Avenue shall have a front setback of five feet (5') from the ultimate
right-of-way line. The front setback area shall be paved with paver
blocks to match the existing sidewalks within the Atlantic Avenue
right-of-way.
(bi The minimum open space requirement is ten
percent ¢10%) of the site area. Ail landscape requirements for
parking lots and buffering of residential properties, pursuant
Sections 4.6.5 and 4.6.16. shall apply,
(G) Supplemental District Regulations: In addition to T~he
supplemental district regulations ~ set forth in Article 4.6. the
following supplemental district regulations shall apply
- 5 - Ord. No. 72-95
(1) West Atlantic Avenue Overlay District Supplemental
District Regulations: The following supplemental district reaulations
apply in the west Atlantic Avenue Overlay District as defined in
Section
(a) The following principal and conditional uses
are prohibited in the overlay district:
* Retail or Wholesale Firearm or
Ammunition Sales
* Retail or Wholesale Automotive Parts
Lawn Care Equipment Sales
Contractor's Offices
Abused Spouse Residences
Shooting Ranges
Adult Entertainment Establishments
Service Stations
T~e ~/ckin~ up Or dro~na o~f. 9r
o~her~i~se - t~a~sDor~na - - o~- workers.
ass~aned~throu~h- an ~e~Dlovm~nt a~enqy
fromX~n as~.mbl~_~3nt t~t~e w~
lb) Dwelling units are permitted within the same
structure as commercial uses. In the event that residential
non-residential uses are located in the same structure, residential
uses and non-residential uses must be physically separated, have
separate accessways, and residential units shall not be located on th~
around floor. The Site Plan Review and Appearance Board may exempt
~wellina units in this district from the restrictions coDtained
Section 4.4.9(B)(5). in conjunction with the approval of a si~
development plan.
(c) Commercial structures are limited to a
maximum depth of 150 feet from the ultimate right-of-way of Atlantic
Avenue. unless the parcel has frontaqe on N.W. 5th Avenue or S.W.
Avenue. Accessory uses such as parking areas, landscaping, ana
drainage retention areas may extend beyond the 150 foot limit.
Expansion of structures beyond the 150 foot limit may be allowed as a
conditional use. subject to the required findings of Section
2.4.5(E)¢5).
(d) Six (6) parking spaces per 1.000 square feet
of gross floor area are required for restaurants and one (1) parking
space per 300 square feet of gross floor area is required for all
other non-residential uses. Parking spaces for resi~ntia~ uses are
required at the rates established in Section 4.6.9¢C)(2).
- 6 - Ord. No. 72-95
Ce) If it is impossible or inappropriate to
prQvide required oarkina on site or off-sits, the in-lieu fee option
provided in Section 4.6.9(E1(3) may be aDplied.
(f) There is no restriction on repair and/or
reconstruction of non-conforming single family residences located a
minimum of 150 feet from Atlantic Avenue.
(g) Parkina areas and accessways to parking lots
must be located to the rear of commercial structures that have
frontage on Atlantic Avenue. Where locatin~ parking to the rear of
the structure is impossible or inappropriate, the Site Plan Review and
Appearance Board may approve an alternate location.
(H) Special Regulations:
(1) The first ten feet of the front yard setback which
is adjacent to a right-of-way shall be a landscaped area. except
within the West Atlantic Avenue Overlay District as defined in Section
~. Within ~ the required kront landscape area, no paving
shall be allowed except for driveways and walkways which shall be
generally perpendicular to the property line.
(2) In structures located in the West Atlantic Avenue
Overlay District as defined in Section 4.5.6¢B) that have an entra~
from and/or windows facin~ Atlantic Avenue. the sale of second hand
material, except verifiable antiques and/or collectibles (coins,
stamps, sports memorabilia, etc.) is prohibited.
~_~ That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
~_~ 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.
~a~ That this ordinance shall become effective
immediately upon passage on second and final reading.
- 7 - Ord. No. 72-95
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1995.
M A Y O R
ATTEST:
City Clerk
First Reading
Second Reading
- 8 - Ord. No. 72-95
VIDING A GENE~ RE~ER .
1OO euc,, FL~iD~ MNDING
T~C A~NUE ~ER~Y
~' ' PROVIDING A GENERAL
A ~LtC flEARI~ ~1 ~ ~ m
~ ~ N.W. ~ A~, ~r~y THE ~ND ~LOWENT REG~
W ~11 M ~ ~ ~CH, IY ~ING THE ~ST AT ~
~ ~ Fray, ~ ~k 'THE PAYMEN? ~ A FEE IN LIEU ~ ,,
k~~. ~ER C~U~, A ~VtNG
Mi~ M THE CI~ ~
MI~ION OF THE CI~ ~ DEL~Y ~ '?~ W ~ ~EHENSI~
T~ ~ ~PEN SPACE (~) DI~ MI~i~ ~ THE Cl~ ~ DEL~Y , M ~KESI~ AT ~RE ~L-
~ES~RY USES AND STRUC. TArN PARCE~ ~ ~D, ~ ~E ~ ~- ~T~RLY ~RiBED
~RE5 ALL~E~, OF THE ~ND '~T~CU~R~Y ~RIBED ' ~REIN, FR~ ~N ~E TO
~ELOPMGNT REGU~TSONS OF ~REtN, F~M ~ (GEN~ ~; E~gNG
~E CITY OF DELRAY B~CH, BY~ERCtAL) TO R-~ (SING~ i ~ ~R THE
~I~G ~EACH ~BANA CONCE~ F~ILY RESIDENTI~) DISTRI~, - ~- ~
S~, UNDER C~TRACT WSTfl FRM ~ (GENE~L ~ER- ~ ~ ~ ~ND U~
~ CITY, LWITED TO THE RENT- Cl~) ~ ~ ~DIUM ~1~
~ ~ C~IRS, UM6REL~S, ~. RESI~NT~AL) DISTRI~, FR~ ~-~NE~ ~R C~E, A
~g~, AND ~tE ~RD~, ~ R.~ (SINGLE FMILY RESIGN- ' ~:: ~VlNG ~ ~D ~ EFFEC-
~ ACCE~RY USE; ~OVIDING TI~) TO ~ (~NE~L ~R.
A ~NERAL REPEALER C~USE, ClAL) DISTRI~, FRM ~
A ~VING C~USE, AND AN EF, (~DIUM DENSITY 'RESI~NTI~) I ~
FE~IVE DATE. TO GC (GENE~L C~ERCI~) :,
' OlSTRICT~ AND FRM ~ · ~ M ~DI~NCE M THE Cl~ C~
~M (GENERAL ~ERCIAL) TO M Jl~l~ M ~E Cl~ M ~LRAY
(O~N SPACEJ DISTRI~; ~ ~ ; = ~H, F~I~ ~ENDING SEC-
M ~DINANCE OF THE CI~ ~ RE~IRED TO ~PL~EC ~E ~ T~ ~ ~NT~L
MINION O~ THE CI~ ~ DELRAY~ST ~T~NTIC AVENUE RE~- ~D) DISTRIC?, ~ THE
8~CH, FLORIDA, A~PTING C~ VELOPMEKT P~N ~RSUA~ TO -~EL~ENT REGU~T~S
~EHENSIVE P~N ~EN~ENT F~URE ~ND U~ E~ENT · ~E CI~ ~ ~L~Y ~ACH, T0
· ~S OF THE %~AL ~VERN- SIVE ~N; ~lO ~NO lEl~
~NT C~PREHENSIVE P~N- GENE~LY ~TED ~ THE . ~ ~1~ ~LLIH gNUS ~ A ~R-
flIK AND ~ND ~VELOPMENT ~RTH AND ~H SI~S ~ AT- ~ M~ED ~ ~THIN THE ~D,
REGU~TION A~, F~RIDA ~NTIC AVENUE, BETWEEN ~1~ * WI~ A WlMUM ~NSI~
~AT~TES ~l~S ~.~? T~ A~NUE ~D INTER- ~ ~1~ ~R ACRE K~T M N.E.
~ROUGH ~G, INCLUSIVE; ~ATE~; AND MENDING ~ A~NUE AND ~ UNITS ~R
~ ~ ~E PARTICU~RLY DE- ~ING ~P ~ ~L~Y B~CH, ~RE ~ M N.E. ~fl AVENUE;
~RIBED IN EXHIBIT "A' ENTI. FLORIDA, ~; ~OVlDI~ A ~IDIK FOR ~E ~EGU~
~ED ~PREHENSIVE ~N GENE~L REPE~R C~USE, A T~ ~ERE~; ~VIDING A
MN~EHT ~ A~D INCOR~ ~VlK ~USE, AND d EFFEC- ~ MNE~L RE~ALER C~SE, A
bTED HEREIN ~Y REFERENCE; TIVE ~TE. _* ~VING ~USE, ~D AN
GENERAL REPEA~ER ~USE ~ ~ ~ M ~ ~ g 8 ~
~DAN EKFE~IVE DATE. ~ AN ORDINANCE ~ ~E CI~ ~ ~.~ -~ M ~ ~ ~
MINION OF THE CITY ~ DELRAY TI~ FR~ C~ ~N~STRI~' ( ~ ~ ~ ~ ~ ~
~ACH, FLORID~ ~ENDING SEC- TO C[~ ~NSITIONAL', AND ~ . : ~ ~ ~ ~ ~ ~
T~ ~.4(Hi(&)(~), ~PECIAL TA~LISHING IKITIAL ~ING ~ . ~ ~ ~ ~
~UI~ING SETBACKS, ~ THE ~ (P~NNED ~FICE CENTER) { ~ ~ ~ ~ ~
~CH, aY DE.tN THE SPE. WEST S1~ ~ ~GREU AVE- ~
~ ~T~CK RETIREMENT NUE, AP~OXf~TELY. I~ FE~ ~ ~' ~ M ~L~Y BEACK
~G WEST ATOmiC AVENUE ~TH ~ GE~NT~ R~O, ,.~
~ENDI~ FR~ SWINTON AVE- ~ ~E ~ IS ~RE PARTIC~
~ TO ~E ~ INTERCHANGE; ~LY ~RI~ED HEREIN; ~ ~;~ ~
~iDtNG A GENE~L RE~L. ~E~ING TO ~EED UN~R ~
~O~EFFE~IVE~TE. : ffi P~N ~N~ENTS; AND '
MINION OF THE CI~ OF ~L~Y.C~U~E, A ~ ~ AND
~CH, F~l~ ~ENDING SEC- RNEFFE~IVE~TE.
~AGRAPH 43.41J)(A)~)(i), ~,
~ ~NO ~LOP~NT REG~ ~ ORDINAKE ~ ~ C~ ~
~T~S ~ THE CITy ~ ~L~Y MI~I~ ~ THE CI~ M ~AY
'~H, BY ~;FYING THE ~CH, FL~I~ ~GING THE
~NOARtE5 ~ THE ~P~ FUTURE ~ND USE ~P ~IGN~
~ AREA ~L~G AT~NTlC AVE- T~ F~ ~N~ ~N~TRI~"
~E IN WHICH IKR~ES TO ~ C(~ qg~Ri~', ~D E~
;~IGHT ~EGU~TION5 ~Y BE T~LISHING INITI~ Z~ING ~ I
~R~ED BY THE CITY ~1~ (IM~STRIAL) DI~II~, ~ A
~, PROVIDING A GENERA~ RE. 7.~ ACRE P~CEL ~ ~D ~
~ER ~USE, A ~VING ~TED ~ THE ~T ilDE ~
~U~, ~D AN EFFECTWE ~E~ ~NUE,
~ ~DI~ANCE ~ THE C~ ~ ~GED ~R ~E SIDLE
MtSStON OF T~ CITY ~ ~LRAY HEARING ~KI~ ~E~
;~-~CH, FLOR]~ ~ENDING SEC-~ ~LL ~E ~D USE
~S ~ THE CtTY ~ ~LRAY VIDING A ~NERAL RE~ER
BEACH, BY ?~OR~RATING USE C~U~. A ~VING ~E, AN~
RESTR~CTt~ AND ~VELOK ~ ~EFFECT~VEDATE.
MENT STANDARDS TO ~E AP-
PLIED IN TIlE W~ST AT~NTIC AV*:
~T~UED ~UED
I:ITY OF DELRI:iY BEfl£H
DELRAY BEACH
~ 100 N,W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000
AII-AmericaCity
NOTICE OF PRINCIPAL AND CONDITIONAL USE CHANGES
1993
Pursuant to Article 2.4.2(B)(1)(d) of the Land Development Regulations of the City of
Delray Beach, you are hereby notified that the Planning and Zoning Board and City
Commission will consider changes to the Principal and Conditional uses and certain
supplemental district regulations for your property which lies within the area shown
on the attached map.
The proposed use changes include to the following:
Amending Section 4.4.9 General Commercial (GC) District prohibiting
certain uses from the West Atlantic Avenue Overlay District The uses
which are prohibited are:
· Retail or Wholesale Firearm or Ammunition Sales
· Retail or Wholesale Automotive Parts Sales
· Lawn Care Equipment Sales
· Contractor's Offices
· Abused Spouse Residences
· Shooting Ranges
· Adult Entertainment Establishments
· Service Stations
· Sale of Second hand Material, except verifiable antiques and/ or
collectibles (coins, stamps, sports memorabilia, etc.) in structures
that have an entrance from and/or windows facing Atlantic Avenue
· The picking up or dropping off, or otherwise transporting of workers
assigned through an employment agency from an assembly point to
the work site (day labor office)
The Planning and Zoning Board will consider the amendments to the Land
Development Regulations at a public hearing meeting to be held on MONDAY,
NOVEMBER '13, 1995, at 6:00 P.M. (or at any continuation of such meeting which is
set by the Planning and Zoning Board) in the Commission Chambers at City Hall,
100 N.W. 1st Avenue, Delray Beach, Florida, for the purpose of receiving public
comment, and your comments or those of your representative with regard to this
Notice of Principal and Conditional Use Changes
Page 2
proposed action. You are not required to attend this meeting or to have someone
there to represent you; however, you are welcome to do so if you desire.
The City Commission will consider the Planning and Zoning Board recommendation
at Public Hearings to be held on TUESDAY, NOVEMBER 21, 1995 AND
TUESDAY, DECEMBER 5, 1995. The meetings will be held in the Commission
Chambers at City Hall, with the public hearing portion of the agenda 'Occurring at
7:00 P.M.
PLEASE BE ADVISED THAT IF a PERSON DECIDES TO APPEAL ANY
DECISION MADE BY THE PLANNING AND ZONING BOARD OR CITY
COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THESE
HEARINGS, SUCH PERSON WILL NEED A RECORD OF THESE
PROCEEDINGS, AND FOR THIS PURPOSE 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 BASED. THE CITY DOES NOT PROVIDE OR PREPARE SUCH
RECORD. PURSUANT TO F.S. 286.0105.
If you would like further information with regard to how this proposed action may
affect your property, please contact Jeff Perkins of the Planning Department, City
Hall, 100 N.W. 1st Avenue, Delray Beach, Florida 33444, Phone 407/243-7040,
between the hours of 8:00 A.M. and 5:00 P.M. on weekdays (excluding holidays).
City of Delray Beach
Planning and Zoning Department
Date Mailed: November 2, 1995
~ 14TH
1,3 TH
0
N.W. 6~
~ ~ ~ ~1 IIII I1~
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NO A~.
~ ! II IIM ~IIIIIIIII!A v [ N U EtltlII II II
£1TV 19J: DELRilV BEiI[H
,D E,L R~AY. B,EA~C H.
~ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 4071243-7000
Ail-America City
REDEVELOPMENT AREA PROPERTY OWNERS
1993
Dear Property Owner:
Visions West Atlantic and the City of Delray Beach Planning and Zoning
Department recently completed the West Atlantic Redevelopment Plan.
The Plan provides a framework for the revitalization of West Atlantic
Avenue between 1-95 and Swinton Avenue. The plan calls for gradual
redevelopment of commercial areas and improvement of
neighborhoods.
The City is now in the process of taking several actions that will ensure
that development in the area takes place as conceived by Visions.
Those actions will affect the Future Land Use map and zoning for
properties in the area and zoning requirements for properties zoned GC
(General Commercial). The Planning and Zoning Board will consider the
proposed changes at its meeting of Monday, November 13, 1995. The
meeting will be at 6:00 P.M. in the City Commission Chambers located
in City Hall, 100 N.W. 1st Avenue.
Following the Planning and Zoning Board meeting, the City Commission
will hold public hearings on the proposed changes on Tuesday,
November 21, 1995 and Tuesday December 5, 1995. Those meeting
will be held in the Commission Chambers at City Hall, with the public
hearing portion of the agenda occurring at 7:00 P. M. You are not
required to attend the meetings, but are welcome to attend if you like.
We have compiled the following brief explanation regarding the most
significant changes. A full copy of the proposed changes is available in
the Planning and Zoning Department office.
1. Amending Section 4.4.9 General Commercial (GC) District
prohibiting certain uses from the West Atlantic Avenue Overlay
District. The uses which are prohibited are:
Special Notice to West Atlantic Avenue Redevelopment Area Property Owners
Page 2
· Retail or Wholesale Firearm or Ammunition Sales
· Retail or Wholesale Automotive Parts Sales
· Lawn Care Equipment Sales
· Contractor's Offices
· Abused Spouse Residences
· Shooting Ranges
· Adult Entertainment Establishments
· Service Stations
· Sale of Second hand Material, except verifiable antiques and /
or collectibles (coins, stamps, sports memorabilia, etc.) in
structures that have an entrance from and/or windows facing
Atlantic Avenue
· The picking up or dropping off, or otherwise transporting of
workers assigned through an employment agency from an
assembly point to the work site (day labor office).
2. Eliminating the Special Building Setbacks along West Atlantic
Avenue between 1-95 and Swinton Avenue.
3. Allowing buildings that front on West Atlantic Avenue to be
constructed 5 feet from the ultimate right-of-way line.
4. Allowing dwelling units within the same structure as commercial uses
provided that the uses are physically separated and have separate
accessways. The residential uses shall not be located on the ground
floor.
5. Limiting commercial structures to a maximum depth of 150 feet from
the ultimate right-of-way of Atlantic Avenue unless the parcels have
frontage on N.W. 5th Avenue or S.W. 5th Avenue
6. Reducing the parking requirement for restaurants to six parking
spaces per 1000 sq. ft. of gross floor area and 1 parking space per
300 square feet of gross floor area for all other non residential uses.
This letter and the attached formal notice of principal and conditional
use changes are sent to give you the chance to speak your mind about
the changes at the meetings or to the Planning and Zoning Department.
To find out more about the Plan, contact Jeff Perkins at 243-7040.
Date Mailed: November 2, 1995