Ord 41-03ORDINANCE NO. 41-03
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES, BY AMENDING SUBSECTION 2.4.6,
"PROCEDURES FOR OBTAINING PERMITS AND
APPROVALS", PARAGRAPH (H), "TEMPORARY USE PERMIT",
TO ADD HORSE DRAWN CARRIAGE RIDES, ICE SKATING
RINK, CAROUSEL AND OTHER KEI~TED
HOLIDAY/SEASONAL TEMPORARY USES AUTHORIZED BY
THE CITY COMMISSION; BY ADDING A NEW SUB-
PARAGRAPH (D) TO PROVIDE THAT THESE USES BE
SPONSORED BY THE CITY, COMMUNITY
REDEVELOPMENT AGENCY, THE DOWNTOWN JOINT
VENTURE, OR OTHER AGENCY FORMULATED FOR
ECONOMIC DEVELOPMENT PURPOSES AND PROVIDING
THAT THE OWNER OR OPERATOR OF CARRIAGE RIDES
MUST HAVE A LICENSE AGREEMENT APPROVED BY THE
CITY COMMISSION; RF~J-.E'ITI~RING THE REMAINING SUB-
PARAGRAPH; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFEC1Tv~ DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the
proposed text amendment at a public heating held on (5~)O-)c, tg..O gla~A and voted /~ to ~ to
recommend that the changes be approved; and a
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 goals, objectives and policies of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DI~,I,RAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter Two, "Administrative Provisions", Section 2.4, "General
Provisions", Subsection 2.4.6, "Procedures for Obtaining Permits and Approvals", Paragraph (Iq),
"Temporary Use Permit", of the Land Development Regulations of the Code of Ordinances of the
City of Delray Beach, Florida, be and the same is hereby amended to read as follows:
2.4.6 Procedures for Obtaining Permits and Approvals: The following procedures shall be
followed in obtaining various permits and approvals as indicated by subsections headings.
(H) Temporary Use Permit: A temporary use shall be required for any of the uses listed
below. The granting authority of each use is as shown.
1. Circuses or Carnivals - City Commission
2. Uses under a Tent - City Commission
3. Sales Offices and Models at a Residential Development Site - Chief
Building Official
4. Construction Trailers and Compounds - Chief Building Official
5. City Operated Facilities - City Commission
6. Seasonal Farmer's Market - City Commission
7. Temporary Parking Lots - City Commission
Horse Drown Carriage Rides. Ice Skating Rink. Carousel and Other
Related Holiday. Seasonal/Temporary Uses - City Commission
(1) Rule: No temporary use shall be allowed except as provided in this Subsection (H)
or as otherwise provided for in these regulations.
(2) Required Information: A request for a temporary use shall be made via letter to the
granting authority. The letter shall contain the following information, as applicable to the use being
requested.
(a)
¢)
(c)
(d)
(e)
(0
Name of petitioner;
Name of property owner and consent therefrom;
Location of site;
Purpose, activity to be conducted;
Period of use;
Proof of ab'dity to connect temporary electric services (see Article 7.2);
2 ORD. NO. 41-03
(ag) Proof of ability to provide toilet facilities for both men and women on the
premises, subject to approval of the County Health Department;
(la) How foodstuffs are to be handled;
In addition, for circuses and carnivals, the following is required:
(i) The nature of the advertising or promotion activity to be conducted for the
circus or carnival;
O) Proof of whether or not the applicant, or the individual identified as having
the management authority or supervision of the circus or carnival, has been convicted of any crime
or misdemeanor and, if so, the nature of each offense and the penalty assessed for each offense;
If specifically required, copies of all printed advertis'mg proposed to be used
in promoting the use;
(1) If specifically required, credentials from the person, if any, for which the
applicant proposes to do business, authorizing the applicant to act as such representative.
(3) Regulations and Restrictions:
(a) Uses Under a Tent:
1. The use of a tent, or tents, shall only be as follows:
a. The sale of seasonal items which, when protected from the sun,
provides for a less hazardous product for public use (~.e.
Christmas tree sales);
b. Assembly occupancies to protect the public from the elements.
c. The use of tents for retail sales or other commercial use is
prohibited, except as otherwise permitted in this section.
2. The tent and site shall comply with the following:
a. The tent shall be approved by the Fire Marshall for fire
resistance.
3 ORD. NO. 41-03
Co)
Adequate fire protection equipment, in a type and capacity as
approved by the Fire Marshall, shall be provided on the
premises at all times.
Payment of a permit fee [2.4.3(I<)] and a deposit of $50 which
shall be returned upon determination by the Chief Building
Official that all debris resulting from the use has been removed
from the site.
d. Obtaining of permits for electrical and health and sanitation
facilities, as applicable.
Circuses and Carnivals:
An investigation of the applicant's business reputation shall be
conducted by the City and the request shall not be approved if such
investigation discloses tangible evidence that the conduct of the
circus or carnival would pose a substantial threat to the public health,
safety, morals, or general wdfare.
Permits for electrical and health and sanitation facilities, as applicable,
shall be obtained.
Seasonal Farmer's Market:
A farmer's market may be pertained within that portion of the City's
Transportation Concurrency Exception Area that is west of the
Intracoastal Waterway, for the purposes of downtown revitalization,
subject to the following restrictions:
The market must be sponsored by the Community
Redevelopment Agency, the Downtown Joint Venture, or other
agency which is formulated for the purposes of economic
development as approved by the City Commission.
Operation of the market is to be limited to the growing season
(generally, November through May), but not more than one day
per week, unless specifically authorized by the City Commission.
The Commission shall establish the specific days and hours of
operation, as well as the duration of the temporary use permit.
4 ORD. NO. 41-03
Products to be sold shall consist of agricultural produce, plants
and flowers; baked goods; and cheeses. The Commission may
also at its discretion approve the limited sale of related products
such as handmade crafts, prepared foods, and promotional items
bearing the name of the City and the market. The sale of such
additional items, if approved, shall be limited to a specific
number or percentage of the total vendors.
do
The Commission may approve the design elements of the
market (i.e. site layout, types of tents/booths to be erected, etc.),
or may defer such elements to the Site Plan Review and
Appearance Board (SPRAB) or the Historic Preservation Board
(HPB) as appropriate. Ali elements must comply with applicable
health, safety and fire codes.
e. Permits for electrical and health and sanitation facilities, as
applicable, shall be obtained.
Horse Drown C.~rriuge Rides. Ice Skating Rink. CarouseL and Other Related
Holiday. Seasonal/Temporary Uses
The horse drawn carriage rides, ice skating rink. carousel, and other related
holiday, seasonal/temporary uses must be sponsored by the City..
Community Redevelopment Agency.. the Downtown Joint Venture. or other
agency, which is formulated for the puxposes of economic development as
approved by the City Commission. The owner/operator of the horse drawn
carriage rides must have a license a~eement approved by the Ci.ty
Commission prior to commencing the use.
(d-).(_~. Temporary Parking Lots:
1. A tempora~ parking lot may be pennitred within the following areas:
the portion of the Central Business District (CBD) and
Community Facilities (CF) District which is bounded by
Swinton Avenue on the west, the Intracoastal Waterway on the
east, N. E. 2nd Street on the north, and S.E. 2nd Street on the
south;
the portion of the CBD and CBD-RC District which is bounded
by N.E. 2nd Avenue on the west, the FEC Railway on the east,
N.E. 2nd Street on the south, and N.E. 4th Street on the north;
5 ORD. NO. 414)3
** the portion of the CBD located east of the Intracoastal
Waterway;
the non-residendal zoning districts bounded by Swintun Avenue
on the east, 1-95 on the west, N.W. 1st Street on the north, and
S.W. 15th Street on the south.
Temporary parking lot spaces shall not be used to fulfill minimum
off-street parking requirements for new development or
redevelopment. Temporary lots may be used to supplement required
parking.
Prior to issnance of the temporary use permit, the applicant shall
submit a site plan which includes proposed grade elevations,
landscaping and other information which addresses the regular
maintenance of the parking surface and irrigation of the landscaped
areas.
The City Engineer shall approve the grading plan for the parking lot.
The site plan shall be reviewed and recommended for approval by
the Parking Management Advisory Board prior to submission to the
City Commission for consideration.
Permits for temporary parking lots shall be issued for a one-year
period. Permits may be renewed annually to a maximum of three (3)
years upon review and positive recommendation by the Parking
Management Advisory Board.
The temporary parking lot shall be monitored for compliance with
the approved plan. Should the City Manager find that the operation
of a lot is not in compliance or if the lot has an adverse effect on
surrounding properties, and the applicant is unable or unwilling to
rectify the problem the permit may be reviewed by the City
Commission for possible revocation.
Within thirty 00) days of expiration of the permit, all rock or gravd
surfaces shall either be removed or covered with top soiL The site
shall then be sodded or landscaped as determined acceptable by the
planning and Zoning Depa~maent.
6 ORD. NO. 41-03
A temporary parking lot shall be constructed to the following
specifications:
The parking lot surface shall be brought to grade with a dust
free surface of one of the following materials over soil which has
been compacted to 95% maximum density per AASHTO T180:
four inches of crashed limerock or Shellrock coated with a prime
coat per FDOT "Standard Specificafious for Road and Bridge
Construction", latest edition;
** four inches of pearock, gravel or river rock; or
** six inches of mulch.
If the lot is not operated on a 100% valet basis, wheel stops shall
be provided as a means to indicate individual spaces. The size of
the parking spaces, maneuvering areas and aisle widths shall be
subject to the standards of Section 4.6.9(1))(4). In addition, the
parking lot shall meet the requirements of the "Florida
Accessibility Code for Building Construction".
c. If the lot is operated on a 100% valet basis, then wheel stops
shall be provided at the edge of the parking surface.
The lot shall meet the requirements of Section 4.6.9(1))(3) for
access to the street system. Driveway aprons between the edge
of pavement and the right-of-way line shall be constructed of
asphalt or concrete.
The parking lot perimeter shall be buffered with a minimum 3
feet wide landscape strip, screened with a minimum 2 feet high
hedge or 4 feet high opaque fence. Water for irrigation shall be
available within fifty (50) feet of all landscaped areas.
If the parking lot is to be utilized at night, the applicant shall
contract with FPL to install supplementary lighting on adjacent
power poles where possible. The applicant may, as an option,
provide alternative on-site lighting for the parking lot.
g. Trees of 4 inches or greater diameter at 4-112 feet above the
ground shall not be removed.
7 ORD. NO. 41-03
(4) Procedures: Upon receipt of all required information, the granting authority shall
take the request under consideration and upon assurance that all applicable regulations and
requirements will be met, the authority shall issue a temporary use permit for a period of time as
specified in the permit.
Section 2. 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.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 4. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSE/D-~_N .D. AD~?. ~1~_ ,ED
day o f"~/
ATI'EST
City Clerk
First Reading ~/~
Second Reading~
in regular session on second and final reading on this the
· 200'~ .
8 ORD. NO. 41-03
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~t'/I
AGENDA ITEM # ~3 A - REGULAR MEETING OF NOVEMBER 4. 2003
ORDINANCE NO. 41-05
OCTOBER 31, 2003
This is second reading and second public hearing for ordinance No. 41-03 mending Chapter 2,
"Administrative Provisions", of the Land Development Regulations by amending Section 2.4.6(H),
"Temporary Use Permit" to add horse drawn carriage tides, ice skating rink, carousel and other
related holiday/seasonal temporary uses authorized by the City Commission.
At the first reading on October 21, 2003, the Commission passed Ordinance No. 41-03.
Recommend approval of Ordinance No. 41-03 on second and final reading.
S:\City Clerk\agenda memo,.Oral 4L03.Horae Drawn camagel 1.04.03
TO:
FROM:
SUBJECT:
DAV, II?~.~AR/DEN/~ C1'1~ MANAGER
PAUL DORLING, DIREC/T~R OF PLANNING AND ZONING
MEETING OF OCTOBER 21, 2003
CONSIDERATION OF AN AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS SECTION 2.4.6.(H) "TEMPORARY
USE PERMITS" TO ADD CERTAIN SEASONAL TEMPORARY USES
AND RELATED REGULATIONS AND RESTRICTIONS.
The LDR amendment adds "Horse Drawn Carriage Rides, Ice Skating Rink,
Carousal, and Other Related Holiday, Seasonal / Temporary Uses" as one of the
temporary use categories allowed under LDR Section 2.4.6.(H)(8). The
amendment further imposes regulations and restrictions under a new sub
paragraph 2.4.6. (H)(3)(d) which requires these uses to be sponsored by the
City, Community Redevelopment Agency, the Downtown Joint Venture or other
agency which is formulated for the purposes of economic development as
approved by the City Commission. In addition, horse drawn carriage operators
must have a license agreement approved by City Commission.
This amendment will clarify the process of approval necessary to accommodate
the new seasonal attractions introduced by the City last year as part of the
Thanksgiving/Christmas season events.
Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be
based upon a finding that the amendment is consistent with an furthers the
Goals, Objectives, and Policies of the Comprehensive Plan. While the
amendment does not specifically further the Goals, Objectives and Policies of the
Comprehensive Plan, it is not inconsistent with them.
The Planning and Zoning Board will hold a public hearing regarding this item on
October 20, 2003. The action taken by the Board will be reported to City
Commission at the meeting.
By motion, approve on first reading the amendment to the Land Development
Regulations regarding Section 2.4.6.(H) "Temporary Use Permits", based upon
positive findings with LDR Section 2.4.5(M)(5), and setting a public hearing date
of November 4, 2003.
Proposed Ordinance
ORDINANCE NO. 41-03
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF D~I,RAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES, BY AMENDING SUBSECTION 2.4.6,
"PROCEDURES FOR OBTAINING PERMITS AND
APPROVALS", PARAGRAPH (la'), "TEMPORARY USE PERMIT",
TO ADD HORSE DRAWN CARRIAGE RIDES, ICE SKATING
RINK, CAROUSEL AND OTHER RRI.ATED
HOLIDAY/SEASONAL TEMPORARY USES AUTHORIZED BY
THE CITY COMMISSION; BY ADDING A NEW SUB-
PARAGRAPH (D) TO PROVIDE THAT THESE USES BE
SPONSORED BY THE CITY, COMMUNITY
REDEVELOPMENT AGENCY, THE DOWNTOWN JOINT
VENTURE, OR OTHER AGENCY FORMULATED FOR
ECONOMIC DEVELOPMENT PURPOSES AND PROVIDING
THAT THE OWNER OR OPERATOR OF CARRIAGE RIDES
MUST HAVE A LICENSE AGREEMENT APPROVED BY THE
CITY COMMISSION; I~RI.ETrERING THE REMAINING SUB-
PARAGRAPH; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the
proposed text amendment at a public hearing held on , and voted to to
recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board,
fitting as the Local Planning Agency, has determined that the change is consistent with and furthers
the goals, 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:
Section 1. That Chapter Two, "Administrative Provisions", Section 2.4, "General
Provisions", Subsection 2.4.6, "Procedures for Obtaining Permits and Approvals", Paragraph (H),
"Temporary Use Permit", of the Land Development Regulations of the Code of Ordinances of the
City of Delray Beach, Florida, be and the same is hereby amended to read as follows:
2.4.6 Procedures for Obtaining Permits and Approvals: The following procedures shall
be followed in obtaining various permits and approvals as indicated by subsections
headings.
(H) Temporary Use Permit: A temporary use shall be required for any of the
uses listed below. The granting authority of each use is as shown.
1. Circuses or Carnivals - City Commission
2. Uses under a Tent - City Commission
3. Sales Offices and Models at a Residential Development Site -
Chief Building Official
4. Construction Trailers and Compounds - Chief Building Official
5. City Operated Facilities - City Commission
6. Seasonal Farmer's Market - City Commission
7. Temporary Parking Lots - City Commission
8. Horse Drawn Carriage Rides, Ice Skating Rink, Carousel, and
Other Related Holiday, Seasonal/Temporary Uses - City
Commission
(1) Rule: No temporary use shall be allowed except as provided in this Subsection
(H) or as otherwise provided for in these regulations.
(2) Required Information: A request for a temporary use shall be made via letter to
the granting authority. The letter shall contain the following information, as applicable to the use
being requested.
(a)
Co)
(c)
Name of petitioner;
Name of property owner and consent therefrom;
Location of site;
2 ORD. NO.
(d)
(e)
Purpose, activity to be conducted;
Period of use;
Proof of ability to connect temporary electric services (see Article 7.2);
Proof of ability to provide toilet facilities for both men and women on the
premises, subject to approval of the County Health Department;
How foodstuffs are to be handled;
In addition, for circuses and carnivals, the following is required:
The nature of the advertising or promotion activity to be conducted for the
(i)
circus or camival;
(j) Proof of whether or not the applicant, or the individual identified as having
the management authority or supervision of the circus or carnival, has been convicted of any
crime or misdemeanor and, if so, the nature of each offense and the penalty assessed for each
offense;
(k) If specifically required, copies of all printed advertising proposed to be
used in promoting the use;
(1) If specifically required, credentials from the person, if any, for which the
applicant proposes to do business, authorizing the applicant to act as such representative.
(3) Regulations and Restrictions:
(a) Uses Under a Tent:
1. The use of a tent, or tents, shall only be as follows:
a. The sale of seasonal items which, when protected from the
sun, provides for a less hazardous product for public use (i.e.
Christmas tree sales);
b. Assembly occupancies to protect the public from the elements.
c. The use of tents for retail sales or other commercial use is
prohibited, except as otherwise permitted in this section.
3 ORD. NO.
(b)
(c)
2. The tent and site shall comply with the following:
a. The tent shall be approved by the Fire Marshall for fire
resistance.
Adequate fire protection equipment, in a type and capacity as
approved by the Fire Marshall, shall be provided on the
premises at all times.
Payment of a permit fee [2.4.3(K)] and a deposit of $50 which
shall be returned upon determination by the Chief Building
Official that all debris resulting from the use has been
removed from the site.
d. Obtaining of permits for electrical and health and sanitation
facilities, as applicable.
Circuses and Carnivals:
An investigation of the applicant's business reputation shall be
conducted by the City and the request shall not be approved if such
investigation discloses tangible evidence that the conduct of the
circus or carnival would pose a substantial threat to the public
health, safety, morals, or general welfare.
Permits for electrical and health and sanitation facilities, as
applicable, shall be obtained.
Seasonal Farmers Market:
A farmer's market may be permitted within that portion of the
City's Transportation Concurrency Exception Area that is west of
the Intracoastal Waterway, for the purposes of downtown
revitalization, subject to the following restrictions:
The market must be sponsored by the Community
Redevelopment Agency, the Downtown Joint Venture, or
other agency which is formulated for the purposes of
economic development as approved by the City Commission.
4 ORD. NO.
Operation of the market is to be limited to the growing season
(generally, November through May), but not more than one
day per week, unless specifically authorized by the City
Commission. The Commission shall establish the specific
days and hours of operation, as well as the duration of the
temporary use permit.
Products to be sold shall consist of agricultural produce, plants
and flowers; baked goods; and cheeses. The Commission may
also at its discretion approve the limited sale of related
products such as handmade crafts, prepared foods, and
promotional items bearing the name of the City and the
market. The sale of such additional items, if approved, shall be
limited to a specific number or percentage of the total vendors.
The Commission may approve the design elements of the
market (i.e. site layout, types of tents/booths to be erected,
etc.), or may defer such elements to the Site Plan Review and
Appearance Board (SPRAB) or the Historic Preservation
Board (HPB) as appropriate. All elements must comply with
applicable health, safety and fire codes.
e. Permits for electrical and health and sanitation facilities, as
applicable, shall be obtained.
Horse Drawn Carriage Rides, Ice Skating Rink, Carousel, and Other
Related Holiday, Seasonal/Temporary Uses
The horse drawn carriage rides, ice skating rink, carousel, and other related
holiday, seasonal/temporary uses must be sponsored by the City,
Community Redevelopment Agency, the Downtown Joint Venture, or
other agency which is formulated for the purposes of economic
development as approved by the City Commission. The owner/operator of
the horse drawn carriage rides must have a license a~reement approved by
the City Commission prior to commencing the use.
Temporary Parking Lots:
A temporary parking lot may be permitted within the following
areas:
5 ORD. NO.
the portion of the Central Business District (CBD) and
Community Facilities (CF) District which is bounded by
Swinton Avenue on the west, the Intracoastal Waterway on
the east, N. E. 2nd Street on the north, and S.E. 2nd Street on
the south;
the portion of the CBD and CBD-RC District which is
bounded by N.E. 2nd Avenue on the west, the FEC Railway
on the east, N.E. 2nd Street on the south, and N.E. 4th Street
on the north;
** the portion of the CBD located east of the Intracoastal
Waterway;
the non-residential zoning districts bounded by Swinton
Avenue on the east, 1-95 on the west, N.W. 1st Street on the
north, and S.W. 15th Street on the south.
Temporary parking lot spaces shall not be used to fulfill minimum
off-street parking requirements for new development or
redevelopment. Temporary lots may be used to supplement
required parking.
Prior to issuance of the temporary use permit, the applicant shall
submit a site plan which includes proposed grade elevations,
landscaping and other information which addresses the regular
maintenance of the parking surface and irrigation of the landscaped
areas.
The City Engineer shall approve the grading plan for the parking
lot. The site plan shall be reviewed and recommended for approval
by the Parking Management Advisory Board prior to submission to
the City Commission for consideration.
Permits for temporary parking lots shall be issued for a one-year
period. Permits may be renewed annually to a maximum of three
(3) years upon review and positive recommendation by the Parking
Management Advisory Board.
The temporary parking lot shall be monitored for compliance with
the approved plan. Should the City Manager find that the operation
6 ORD. NO.
of a lot is not in compliance or if the lot has an adverse effect on
surrounding properties, and the applicant is unable or unwilling to
rectify the problem the permit may be reviewed by the City
Commission for possible revocation.
Within thirty (30) days of expiration of the permit, all rock or
gravel surfaces shall either be removed or covered with top soil.
The site shall then be sodded or landscaped as determined
acceptable by the Planning and Zoning Department.
A temporary parking lot shall be constructed to the following
specifications:
The parking lot surface shall be brought to grade with a dust
free surface of one of the following materials over soil which
has been compacted to 95% maximum density per AASHTO
T180:
four inches of crushed limerock or shellrock coated with a
prime coat per FDOT "Standard Specifications for Road and
Bridge Construction", latest edition;
** four inches ofpearock, gravel or river rock; or
** six inches of mulch.
If the lot is not operated on a 100% valet basis, wheel stops
shall be provided as a means to indicate individual spaces. The
size of the parking spaces, maneuvering areas and aisle widths
shall be subject to the standards of Section 4.6.9(D)(4). In
addition, the parking lot shall meet the requirements of the
"Florida Accessibility Code for Building Construction".
c. If the lot is operated on a 100% valet basis, then wheel stops
shall be provided at the edge of the parking surface.
The lot shall meet the requirements of Section 4.6.9(D)(3) for
access to the street system. Driveway aprons between the edge
of pavement and the right-of-way line shall be constructed of
asphalt or concrete.
7 ORD. NO.
The parking lot perimeter shall be buffered with a minimum 3
feet wide landscape strip, screened with a minimum 2 feet
high hedge or 4 feet high opaque fence. Water for irrigation
shall be available within fifty (50) feet of all landscaped areas.
If the parking lot is to be utilized at night, the applicant shall
contract with FPL to install supplementary lighting on
adjacent power poles where possible. The applicant may, as an
option, provide alternative on-site lighting for the parking lot.
g. Trees of 4 inches or greater diameter at 4-112 feet above the
ground shall not be removed.
(4) Procedures: Upon receipt of all required information, the granting authority shall
take the request under consideration and upon assurance that all applicable regulations and
requirements will be met, the authority shall issue a temporary use permit for a period of time as
specified in the permit.
Section 2. 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.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 4. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
__ day of ., 200
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
8 ORD. NO.
AND
DRAWN CARRIAGE RIDES, ICE SKATING RINK,
CAROUSEL AND OTHER RELATEEi
HOLIDAY/SEASONAL TEMPORARY USES
AUTHOR 71ql BY THE CITY COMMISSION
The City Commission of Ihe City of Delray Beach, Florida., proposes to adopt tho
following ordinance:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY O~ DELRAY
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS
OF THE CODE OF ORDINANCES. BY AMENDING CHAPTER TWO, "ADMIN-
ISTRATIVE PROVISIONS', SECTION 2.4. "GENERAL PROVISIONS', SUB-
SECTION 2.4.6, "PROCEDURES FOR OBTAINING PERMITS AND
APPROVALS', PARAGRAPH (H), "TEMPORARY USE PERMIT', TO ADD
HORSE DRAWN CARRIAGE RIDES,~ ICE SKATING RINK., CAROUSEL AND
OTHER RELATED HOLIDAY/SEASONAL TEMPORARY USES AUTHORIZED
BY THE CITY COMMISSION; BY ADDING A-NEW SUBPARAGRAPH (D} TO
PROVIDE THAT THESE USES BE SPONSORED BY THE CITY, COMMUNITY
REDEVELOPMENT AGENCY, THE DOWNTOWN JOINT VENTURE. OR
OTHER AGENCY FORMULATED FOR ECONOMIC DEVELOPMENT PURPOS-
ES AND PROVIDING THAT THE OWNER OR OPERATOR OF THE CARRIAGE
RIDES MUST RAVE A LICENSE AGREEMENT APPROVED BY THE CITY
COMMISSION; REL~ ~ ~ ERING THE REMAINING SUB-PARAGRAPH: PROVID-
ING A SAVING CLAUSE. A GENERAL REPEALER CLAUSE. AND AN EFFEC-
TIVE DATE.
The City Commission will conduct two (2] Public Hearings for the purpose of
accepting public testimony regarding the proposed ordinance. The first Public
Hearing will be held on TUESDAY. OCTOBER 21. 2003. AT 7:00 PM in the
Commission Chambers at City Hall, 100 N.W. 1" Avenue, Delray Beach, Florida.
If the propesed ordinance,is passed on first reading, a second Public Hemtng will
be held on TUESDAY. NOVEMBER 4. 2003. AT 7:00 p M (or at any continuation
of such meeting which is set by the Commission).
All interested cWzans are invited to attend the public bearings and comment upon
the proposed ordinance or Submit their comments in writing on or before the date
of these hearings to the Planning and Zoning DepartmenL For furlher information
or to obtain a copy of the proposed o~dinance, please contact the Planning and
Zoning Department, City Hall, 100 N.W. I st Avenue, Dairay Beach, Florida 33444
(email at ozmstl@mvdstravbeach.c~'~ or by
calling 561/243-7040), between the hours of 8:00 a.m. a~l 5:00 p.m., M6nday
through Friday, excluding holidays.
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAl_ANY DECI-
SION MADE BY THE CITY COMMISSION ~ RESPECT TO ANY MA'FI'ER
CONSIDERED AT THESE I-~EARINGS, sucH PERSON MAY NEED TO
ENSURE THAT A VERBATIM RECORD INCLUDES THE TESTIMONY AND EVI-
DENCE UPON WHICH THE APPEAL IS TO BE BASED. THE CITY DOES NOT
PROVIDE NOR PREPARE SUCH RECORD PURSUANT TO F.S. 286.0105.
CITY OF DELRAY BEACH
Bafoara Garito, CMC
C~ C~erk
Boca Raton/Dairay Beach News
Ad~MM03'i~e
PUBLISH: Monday, October 13, 2003
Wednesday, October 29, 2003
CITY. OF DELRAY BEACH
NOTICE OF PROPOSED AMENDMI ff TO TH,,E. 1
LAND DEVELOPMENT REGULATIONS, SUB
SECTION 2.4.6, "PROCEDURES FOR 0BINN-
ING PERMn'S AND APPROVALS", PARAGRAPH
It01.1DA¥/$F. $01 I. I£MPOPd[R¥ U$1:$
The Clht Gommi.~qion et the Dity of Delray Beach, Fiofida, proposes to adopt the
t01iowing ordinance:
AN ORDINANCE OF THE CIIY COMMISSION OF THE CITY OF DEI. RAY
BEACH, FLORIDA, AMENDING THE I~ND DEVELOPMENT REGU ~I.~T. IONS
OF THE CODE OF OBD~NANCES, BY AMENDING SUBS~yTION 2.4.6, PRO-
CEDURES FOR OBTAINING PERMITS AND APPROVALS , PARAGRAPH (H),
"TEMPORARY USE PERMIT", TO ADD HORSE DRAWN CARRIAGE RIDES
ICE SKATING RINK, CAROUSEL AND OTHER RELATED HOLIDAY/SEASON-
AL TEMPORARY USES AUTHORIZED BY THE CITY COMMISSION; BY
ADDING A NEW SUBPARAGRAPH (D) TO PROVIDE THAT THESE USES BE
SPONSORED BY THE ClT~, COMMUNITY REDEVELOPMENT AGENCY, THE
DOWNTOWN JOINT VENTURE, OR OTHER AGENCY FORMULATED FOR
ECONOMIC DEVELOPMENT PURPOSES AND PROVIDING THAT THE
OWNER OR OPERATOR OF CARRIAGE RIDES MUST HAVE A LICENSE
AGREEMENT APPROVED BY THE CITY COMMISSION; RELETTERING THE
REMAINING SUB-PARAGRAPH; PROVIDING A SAVING CLAUSE, A GENER-
AL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
The City Commission will conduct two (2) Public Headngs for the purpose of
accepting publio testimony regarding the proposed ordinance. The first Public
Hearing will be he~l on TUESDAY. OCTOBER 21. 2003. AT 7:00 P,M, in the
Commission Chambers at City Hall, 100 N.W. 1" Avenue, Delray Beach, Florida.
If the proposed ordinance is passed on first reading, a second Public Hearing will
be held on TUESDAY. NOVEMBER 4. 2003. AT 7:00 P.M. (or at any continuation
of such meeting which is set by the Commission).
Ail interested citizens are inv,{ed to attend the public headngs and comment upon
the proposed ordinance or submit their comments in wdting on or before the date
of these headngs to the Planning and Zoning Department. For f~rther information
or to obtain a copy of the proposed ordinance, please contact the Planning and
Zoning Department, City Hall, 100 N.W. 1st Avenue, Delray Beach, Flodda 33444
(email at ozmail@mvdelrovbeach.conl) or by calling 561/243-7040), between the
hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, excluding holidays.
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECI-
SION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MA'I-FER
CONSIDERED AT THESE HEARINGS, SUCH PERSON MAY NEED TO
ENSURE THATA VERBATIM RECORD INCLUDES THE TESTIMONYAND EVI-
DENCE UPON WHICH THE APPEAL IS TO BE BASED. THE CITY DOES NOT
PROVIDE NOR PREPARE SUCH RECORD PURSUANT TO ES. 286.0105.
Boca Raton/'Delray Beech News
Ad,MM03109
PUBLISH: Mo~ay, October 13, 2003
Wednesday, October 29, 2003
CITY OF DELRAY BEACH
Barbara Gadto, CMC
C~ Cle~