Ordinance No. 20-24ORDINANCE NO.20-24
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH,FLORIDA,AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CITY
OF DELRAY BEACH CODE OF ORDINANCES BY
AMENDING CHAPTER 4,"ZONING REGULATIONS."
ARTICLE 4.6.-SUPPLEMENTAL DISTRICT
REGULATIONS."SECTION 4.6.9."OFF-STREET
PARKING REGULATIONS"TO AMEND THE
REQUIREMENTS FOR PARKING FOR GENERAL
COMMERCIAL USES TO INCLUDE LIMITED INDOOR
DINING ESTABLISHMENTS AND TO CLARIFY THE
PARKING REQUIREMENT FOR RESTAUANTS AND
STAND ALONE BARS;AMENDING APPENDIX A,
DEFINITIONS."TO INCLUDE A DEFINITION FOR
LIMITED INDOOR DINING ESTABLISHMENT;
PROVIDING A CONFLICTS CLAUSE,A SEVERABILITY
CLAUSE,AUTHORITY TO CODIFY,AND PROVIDING
AN EFFECTIVE DA TE.
WHEREAS.the Land Development Regulations ("LDR )of the City of Delray Beach
("City")Code of Ordinances provide authority for the City Commission to amend,change.
supplement,or repeal the LOR from time to time;and
WHEREAS,updates to the LOR are occasionally necessary to improve clarity of
interpretation and to ensure consistency with market practices;and
WHEREAS,the LOR does not clearly distinguish between the parking needed for an
establishment that serves food or beverages primarily for take-out consumption with a limited
number of indoor seats and the parking needed for a bona-fide restaurant with table service that
serves full-course meals;and
WHEREAS,the proposed Ordinance clarifies the parking regulations for diverse
restaurant and retail operations by adding a definition for limited indoor dining establishments;
and
WHEREAS,pursuant to Florida Statutes 163.3 I 74(4)(c),the Planning and Zoning
Board for the City of Delray Beach,sitting as the Local Planning Agency,reviewed the proposed
text amendment to the Land Development Regulations at a public hearing on June 17,2024,and
voted 5 to O to recommend that the proposed text amendments be approved,finding that the
request and approval thereof is consistent with the Comprehensive Plan and meets the criteria
set forth in the Land Development Regulations.
WHEREAS,the City Commission has considered Ordinance No.20-24 and the
respective findings as set forth in the Comprehensive Plan and Land Development Regulations.
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH,FLORIDA,AS FOLLOWS:
Section I.The recitations set forth above are incorporated herein.
Section 2.The City Commission of the City of Delray Beach finds the Ordinance is
consistent with the Comprehensive Plan.
Section3,Chapter 4."Zoning Regulations."Article 4.6,"Supplemental District
Regulations,"Section 4.6.9,"Off-street parking regulations."Subsection (C)"Number of parking
spaces required"of the Land Development Regulations of the City of Delray Beach,Florida is
amended as follows:
(C)Number of parking spaces required.The number of parking spaces required for new
buildings,new uses,additions,enlargements,or changes shall be determined by the following
standards for uses and categories of uses and types of parking spaces.
(0)-(2)(These subsections shall remain in full force and effect as adopted.)
(3)Requirements for commercial uses.
(a)General commercial uses.Shall provide four and one-half spaces per I ,000 square
feet of gross floor area v,·hich that includes retail floor area,associateci warehouse
and storage floor area,and employee and management facilities.This use category
includes Limited Indoor Dining Establishments.
(b)Convenience stores with associated gasoline sales.Shall provide four and one-half
spaces per I,000 square feet of gross floor area of the convenience store and any
kiosk or cashier station.
(c)Gasoline stations.With or without convenience food sales shall provide four and
one-half spaces per 1,000 square feet of non-repair gross floor area and shal I provide
four spaces per service bay or lift.
(d)Restaurants_and stand alone bars Shall_provide I2spaces per ]_000 square feet_of
gross_floor area._±elusive of drive ins,drive-thru,snaek shops,might clubs,lounges
shall provide 12 spaces per I ,000 square feet of gross floor area up to 6.000 square
feet and then 15 spaces per 1,000 square feet of gross floor area over the initial 6.000
square feet.All other uses (deli,sandwich shops,coffee shops,sub shops,etc.)not
elassifed as a restaurant.but otherwise qualifying for a sidewalk café permit which
have no inside seating shall be considered a general commercial use with respect to
parking requirements.AH other uses (deli.sandwich shops coffee shops,sub shops;
etc.)which have inside seating shall be considered a restaurant use with respect to
parking requirements.
(e)Shopping centers.Spaces required based upon size of center per gross leasable floor
area,irrespective of uses:
Floor Area Parking Requirement
•25,000 to 400,000 square feet provides:4/1,000 square feet of gross floor area
•400,000 to 600,000 square feet provides.4.5/1,000 square feet of gross floor area
•greater than 600,000 square feet provides:-5/1,000 square feet of gross floor area
(f)Vehicle sales and rental.Including auto sales,auto rental agencies,recreational
vehicle sales and rental,and truck sales and rental,shall provide four spaces per 1,000
square feet of total building(s)gross floor area,except indoor display areas.Required
parking spaces shall be designated for employee,customer,and/or service use at the
standard of,at least,one and one-half spaces per service bay and two spaces per
1,000 sq.ft.square feet of gross floor area (less indoor display area).Any remaining
spaces may be used for display purposes.
(g)Personal service providers.(Beauty Salons,Spas,etc.):Shall provide four and one-
half spaces per 1,000 square feet of gross floor area in buildings up to 5,000 square
feet and four and one-half spaces per 1,000 square feet of gross floor area plus one-
half spaces per work station in buildings greater than 5,000 square feet as it pertains
to the personal service provider uses.(Note:Work stations providing manicure
services which that include both manicure table and pedicure chair shall be calculated
as one work station for each table and chair combined).
(4)-(8)(These subsections shall remain in full force and effect as adopted.)
Section 4.Appendix A."Definitions"of the Land Development Regulations of the
City of Delray Beach,Florida is amended as follows:
LIMITED INDOOR DINING ESTABLISHMENT.A restaurant or retail establishment
where food or beverages are prepared,processed,or assembled for customers to consume on or
off site,with no more than eight seats provided indoors.These establishments shall meet Florida
statutory and regulatory requirements for a food service license.
Section 5.
repealed.
All ordinances or parts of ordinances in conflict herewith are hereby
Section 6.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 of this Ordinance.
Section 7.
Section 8.
Specific authority is hereby given to the City Clerk to codify this Ordinance.
This Ordinance shall become effective immediately upon its passage on
second and final reading.
MSED AND ADOPTED in regular session on second and final reading on this the J/1---
day of ~,e,,,6 £,1 ,2024.~
AT S •f .~~,.r
Thomas F.Camey,Jr.,Mayor
Frost Reue.V9//2oa4
Second Reading //l~o~fI