60-93 ORDINANCES
NO.
s zc o N~ ~ A~I N S: Zg,,~~ //~.%/y~~//~
COMMISSION ACTION: ~ -O
NOTES:
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ORDINANCE NO. 60-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING
REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS OF
THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY AMENDING SECTION 4.6.6, "COMMERCIAL AND
INDUSTRIAL USES TO OPERATE WITHIN A BUILDING", TO
PROVIDE FOR THE CONSOLIDATION OF REGULATIONS
REGARDING ALLOWABLE OUTSIDE USES AND OUTSIDE STORAGE;
BY AMENDING SECTION 4.4.19, "MIXED INDUSTRIAL AND
COMMERCIAL (MIC) DISTRICT", SUBSECTIONS (C) AND (G),
SECTION 4.4.20, "INDUSTRIAL (I) DISTRICT", SUBSECTION
(G), SECTION 4.4.21, "COMMUNITY FACILITIES (CF)
DISTRICT", SUBSECTIONS (C) AND (G), AND SECTION
4.4.25, "SPECIAL ACTIVITIES DISTRICT (SAD)",
SUBSECTION (G), ALL TO PROVIDE FOR UNIFORM
APPLICATION OF REGULATIONS REGARDING ALLOWABLE
OUTSIDE USES; 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 subject matter at its meeting of September
20, 1993, and has forwarded the change with a recommendation of
approval; and,
WHEREAS, pursuant to Florida Statute 163.3174(1) (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:
Section 1. That Chapter 4, "Zoning Regulations", Article
4.6 "Supplemental District Regulations", Section 4.6.6, "Commercial
and Industrial Uses to Operate Within a Building", of the Land
Development Regulations of the Code of Ordinances of the City of
Delray Beach, Florida, is hereby amended to read as follows:
Section 4.6.6 Commercial and Industrial Uses to Operate
Within a Building:
(A) Intent:
(5) It is the intent of all commercial zone
districts, industrial zone districts, and mixed use
districts that all principal uses be permanent rather than
transitory in nature and that they be conducted within a
completely enclosed building rather than outside. However,
certain aspects of a use may be conducted outside and such
aspects are identified ~~ in (B) below. ~//~//~f
~6~/~6~/~//~~/~~/~f//~/~b~/~//~~
~6~/6~/f~/~I~/~/~~/~9~/~/b~/~~~
(2) Certain c¢onditional uses that are allowed
within commercial, industrial, and mixed use districts can
be characterized as outside uses. Such operations may be
conducted outside ~11~11~11~~~ when it is
specifically determined through the conditional use process
that the outside aspects of the use are appropriate.
Conditions may be applied to mitigate visual and other
impacts.
(B) Allowable Outside Usage: The following aspects of
a use may be conducted outside, pursuant to the restrictions
listed in Section 4.6.6(C) below.
(1) Off-street parking
(2) Refuse and service areas~l~9~l~l~
(3) Storage of nursery plants
(4) Fruit and vegetable displays
(5) Signage
(6) Outside dining areas ~1~1~1~1~
(7) Loading and unloading of materials
(8) Outside storage where specifically permitted
within a zoning district
- 2 - Ord. No. 60-93
(9) Activities associated with outside
conditional uses, pursuant to (A) (2) above
(10) Retail displays
(C) Restrictions on Outside Usage: R~I//~~
(1) Screening of refuse and service areas.
Dumpsters, recycling containers, and similar service areas
must be enclosed on three sides and have vision obscuring
gates on the fourth side, unless such areas are not visible
from any adjacent public right-of-way. A~//~~~
(2) Outside storage. Materials and equipment
stored outside must be screened from view from adjacent
public rights-of-way in a manner approved by the Site Plan
Review and Appearance Board. Outside storage may not be
located within a required setback area. It is not intended
that sales or customer service be conducted in an area
designated for storage. ~//~I~/~II//~/~~Z~//~
~b~/~~f~/~/~//~/f~/~~/~~//~
(3) Outdoor retail displays. ~/F~/~~m~
~/~~/~/~~t/~/~f~~/~f/~~//~~
(a) Outdoor retail displays must be located
adjacent to the building containing the main use, on
property owned or leased by the business conducting the main
use. No display is permitted on public rights-of-way,
except when part of an approved special event.
(b) Outdoor display areas may not exceed 10%
of the square footage of the interior of the building which
contains the main use.
- 3 - Ord. No. 60-93
(c) When an outside display of plants is
associated with nurseries and garden shops, one-half of the
ground area devoted to such use shall be considered as
"floor area" for the purposes of calculating and providing
on-site parking.
(d) The Fire Marshal may require the removal
or modification of outside displays upon written order, when
such displays prevent or impede adequate ingress and egress
for emergency purposes.
Section 2. That Chapter 4, "Zoning Regulations", Article
4.4, "Base Zoning District", Section 4.4.19, "Mixed Industrial and
Commercial (MIC) District", Subsection 4.4.19(C), "Accessory Uses and
Structures Permitted", and Subsection 4.4.19(G), "Supplemental
District Regulations", of the Land Development Regulations of the Code
of Ordinances of the City of Delray Beach, Florida, are hereby amended
to read as follows:
(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) Provisions or services and repair of items
incidental to principal uses.
- 4 - Ord. No. 60-93
(4) Storage of inventory~ .equipment, or
materials, ~~ within ~/~m~ a structure ~/~//~
~/~I or in an approved outside location.
(G) Supplemental District Regulations: The
supplemental district regulations as set forth in Article
4.6 shall apply~ ~~/~/~f~//~/~/~~//~
Section 3. That Chapter 4, "Zoning Regulations", Article
4.4, "Base Zoning District", Section 4.4.20, "Industrial (I)
District", Subsection 4.4.20(G), "Supplemental District Regulations",
of the Land Development Regulations of the Code of Ordinances of the
City of Delray Beach, Florida, is hereby amended to read as follows:
(G) Supplemental District Regulations: The
supplemental district regulations as set forth in Article
4.6 shall apply~ ~~/~/~f~//~/~/~~//~
~/l~~/~~/~/~//~II~/~l~l~ll~
~/~/~//~/~/~~//f~/9~/f~//~~
- 5 - Ord. No. 60-93
Section 4. That Chapter 4, "Zoning Regulations", Article
4.4, "Base Zoning District", Section 4.4.21, "Community Facilities
(CF) District"i Subsection 4.4.21(C), "Accessory Uses and Structures
Permitted", and Subsection 4.4.21(G), "Supplemental District
Regulations", of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, are hereby amended to
read as follows:
(C) Accessory Uses and Structures Permitted: The
following uses are allowed when a part of, or accessory to,
the principal use:
(1) Parking lots and garages
(2) Service and refuse areas
(3) Cafeterias, snack bars, restaurants, exercise
facilities, etc., when contained in the same structure as
the principal use.
(4) Storage of inventory, equipment, or
materials, within a structure or in an approved outside
location.
(G) Supplemental District Regulations: The
supplemental district regulations as set forth in Article
4.6 shall apply~ ~~/~/~f~//~/~/~~//~
Section 5. That Chapter 4, "Zoning Regulations", Article
4.4, "Base Zoning District", Section 4.4.25, "Special Activities
District (SAD)", Subsection 4.4.25(G), "Supplemental District
Regulations", of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, is hereby amended to
read as follows:
(G) Supplemental District Regulations: The
supplemental district regulations as set forth in Article
4.6 shall apply except as modified by the following:
- 6 - Ord. No. 60-93
~Y Parking and loading requirements (n~ber of
spaces) shall be as set forth on the site and development
plan.
Section 6. 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 7. That all ordinances or parts of ordinances which
are in conflict herewith are hereby repealed.
Section 8. That this ordinance shall become effective
i~ediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 12th day of October , 1993.
ATTEST:
City Clerk
First Reading Septe~er 28, 1993
Second Reading October 12. 1~
- 7 - Ord. No. 60-93
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER C"/L~I
ORDINANCE NO. 60-93
DATE: October 7, ~993
This is the second reading of an ordinance amending the Land
Development Regulations by amending Section 4.6.6, "Commercial and
Industrial Uses to Operate within a Building", to provide for the
consolidation of regulations regarding allowable outside uses and
outside storage; by amending Section 4.4.19, "Mixed Industrial and
Commercial (MIC) District", Section 4.4.20, "Industrial (I) District",
Section 4.4.21, "Community Facilities (CF) District, and Section
4.4.25, "Special Activities District (SAD)", all to provide for
uniform application of regulations regarding allowable outside uses.
The purpose of this ordinance is to simplify and clarify the existing
LDR provisions regarding allowable outside uses. While most of the
changes contained in this amendment involve a reorganization and
clarification of existing language, one substantive change that is
being proposed involves the allowable locations of outside storage on
a site. Currently outside storage is allowed in rear yards only.
This language is unnecessarily restrictive, especially when applied to
properties that have rear or side oriented structures. The proposed
language would restrict outside storage from setback areas only.
The Planning and Zoning Board at their September 20th meeting
recommended approval. A detailed staff report is attached as backup
material for this item.
Recommend approval of Ordinance No. 60-93 on second and final reading.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM # /~C - MEETING QF SEPTEMBER 25, ~993
ORDINANCE NO. 60-93
DATE: September 24, 1993
This is the first reading of an ordinance amending the Land
Development Regulations by amending Section 4.6.6, "Commercial and
Industrial Uses to Operate within a Building", to provide for the
consolidation of regulations regarding allowable outside uses and
outside storage; by amending Section 4.4.19, "Mixed Industrial and
Commercial (MIC) District", Section 4.4.20, "Industrial (I) District",
Section 4.4.21, "Community Facilities (CF) District, and Section
4.4.25, "Special Activities District (SAD)", all to provide for
uniform application of regulations regarding allowable outside uses.
The purpose of this ordinance is to simplify and clarify the existing
LDR provisions regarding allowable outside uses. While most of the
changes contained in this amendment involve a reorganization and
clarification of existing language, one substantive change that is
being proposed involves the allowable locations of outside storage on
a site. Currently outside storage is allowed in rear yards only.
This language is unnecessarily restrictive, especially when applied to
properties that have rear or side oriented structures. The proposed
language would restrict outside storage from setback areas only.
The Planning and Zoning Board at their September 20th meeting
recommended approval. A detailed staff report is attached as backup
material for this item.
Recommend approval of Ordinance No. 60-93 on first reading. If passed
public hearing October 12th.
CITY COMMISSION DOCUMENTATION
DEPARTMENT OF PLANNING AND~ONING
SUBJECT.' MEETING OF SEPTEMBER 28, 1993
OUTS SES
LDR AMENDMENT REGARDING ALLOWABLE ~
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval of an amendment to the LDRs that would streamline
the provisions and regulations regarding allowable outside
uses and outside storage.
The affected LDR sections are 4.6.6 Commercial and
Industrial Uses to Operate Within a Building; 4.4.19 Mixed
Industrial and Commercial (MIC} District; 4.4.20 Industrial
(I) District; 4.4.21 Community Facilities (CF) District;
and 4.4.25 Special Activities District (SAD)
BACKGROUND:
The purpose of this amendment is to simplify and clarify the
existing LDR provisions regarding allowable outside uses.
Outside uses are currently addressed in various sections of the
LDRs. Within those sectig~~ there are numerous inconsistencies
as to where outside use~-~'allowed, and the restrictions that
apply. This amendment will consolidate the regulations within
Section 4.6.6., Commercial and Industrial Uses to Operate Within
a Building. As this section applies to all commercial and
industrial zoning districts, the regulations can be applied
uniformly. Conflicts that currently exist between Section 4.6.6
and the regulations within the individual zoning districts will
be eliminated.
While most of the changes contained in this amendment involve a
reorganization and clarification of existing language, one
substantive change that is being proposed involves the allowable
locations of outside storage on a site. Currently outside
storage is allowed in rear yards only. This language is
unnecessarily restrictive, especially when applied to properties
City Commission Documentation
LDR Amendment Re= Allowable Outside Uses
Page 2
that have rear- or side-oriented structures. The language in
this amendment would restrict outside storage from setback areas
only. The current provisions requiring the storage to be
screened in a manner approved by SPRAB would still apply.
The attached Planning and Zoning Board staff report provides the
specific language of the text amendment and a more thorough
description of the changes.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of September 20, 1993. There was no public comment on
the item. The Board voted 5-0 (Golder and Currie absent) to
recommend approval of the amendment.
RECOMMEND ED ACTION:
By motion, approve the enacting ordinance that will amend
Sections 4.4.6, 4.4.19, 4.4.20, 4.4.21, 4.4.25 of the Land
Development Regulations regarding allowable outside usage.
Attachment:
* P&Z Staff Report & Documentation of September 20, 1993
* Ordiance by others
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
FOR
L,D.R. AMENDMENTS
MEETING DATE= September 20, 1993
AGENDA ITEMs IV.B.
SUBJECT~ Changes to LDRs re: Allowable Outside Uses
LDR REFERENCEs Section 4.6.6 Commercial and Industrial Uses
to Operate Within a Buildinq~ Section 4.4.19
Mixed Industrial and Commercial (MIC) District~
Section 4.4.20 Industrial (I) District~ Section
4.4.21 Community Facilities (CF) Dlstrict~ and
Section 4.4.25 Special Activities District (SAD)
ITEM BEFORE THE BOARD
The item before the Board is that of making a
recommendation to the City Commission on a proposed
modification to the City's Land Development Regulations
(LDRs). The general subject is that of outside uses and
their regulation.
Pursuant to LDR Section 1.1.6, no amendment may be made
until a recommendation is obtained from the Planning and
Zoning Board.
Pursuant to F.S. 163.3194(2), the Planning and Zoning Board
is to review the proposed amendment with respect to its
relationship to the adopted Comprehensive Plan of the City.
BACKGROUND
Within the Land Development Regulations there are several
provisions regulating the types and location of allowable
outside uses, and the conditions under which such uses can
be permitted. Some of the regulations are included within the
individual zoning districts, and some are addressed in LDR
Section 4.6.6, Commercial and Industrial Uses to Operate Within
a Building. This section of the Supplemental District
Regulations is intended to apply to all commercial and
industrial districts. In some instances the regulations
contained within the individual zoning districts conflict with
those of 4.6.6.
For instance, most of the conditional uses that are allowed in
the industrial, commercial, and mixed use zoning districts can
be characterized as outside uses (such as drive-in theaters,
miniature golf courses, lumberyards, modular building sales, and
others). However, the specific district regulations for the
zoning classifications in which those uses are permitted contain
IV.B.
P&Z Memorandum Staff Report
Text Amendment Re: Outside Uses
Page 2
provisions stating that all uses must be conducted within wholly
enclosed buildings. Similarly, regulations regarding outside
storage are contained within the MIC (Mixed Industrial and
Commercial), I (Industrial), SAD (Special Activities District),
and CF (Community Facilities) zoning districts. However, only
the Industrial district specifically lists outside storage as an
allowable, accessory use.
PROPOSED AMENDMENT
As outside uses are specifically addressed in several individual
zoning districts, as well as in the Supplemental District
Regulations, the amendment affects several sections of the LDRs.
It is important to note that most of the changes included in
this amendment relate to the means by which the provisions
regarding outside uses are organized within the code, and do not
alter the actual substance of the provisions ~hemselves. The
section that is most significantly modified is Section 4.6.6,
which contains the Supplemental District Regulations that
provide guidelines for outdoor usage. This amendment will
delete the provisions regarding outside uses that are now
contained within individual zoning district regulations, and
will instead summarize them all within Section 4.6.6. As 4.6.6
applies to all comercial and industrial districts, this change
will ensure that the regulations are applied consistently to the
affected zones, and that conflicts with language in the
individual district regulations are eliminated.
The individual district regulations that are affected by this
amendment are in the the MIC, I, CF, and SAD zoning districts.
The specific changes to all affected code sections are attached
as back-up to this report. A summary of the changes follows.
Section 4.6.6 Commercial and Industrial Uses to Operate Within
a Building
This section will be re-organized and modified to provide a
clearer breakdown of the regulations on outside uses within
commercial and industrial districts. First, within the
Intent Statement, a clearer distinction is made between
principal and conditional uses. Principal uses are
intended to be operated indoors} certain conditional uses
may be conducted outside when specifically allowed to do so
through the conditional use process, with appropriate
conditions attached.
Second, the section on Allowable Outside Usage is modified
to simply state what those allowable uses are. They
include such uses as parking, refuse and service areas,
fruit and vegetable displays, outside dining, etc.
P&Z Memorandum Staff Report
Text Amendment Re= Outside Uses
Page 3
Third, the restrictions and conditions applicable to those
allowable outside uses are listed. For example, refuse
areas (dumpsters) must be screened, outside storage can
only be located in certain areas and must be screened, and
retail displays are subject to a number of restrictions on
location and size of display area.
Whi~e most of these changes are a modification and
clarification of existing language, there is one
substantive change which involves outside storage. The
existing regulations on outside storage (which are
currently repeated in each of the zoning districts that
allows outside storage), restrict its location to "rear
yards." The LDRs define rear yards as the area between the
rear of a building and the rear property line. This
provision is unnecessarily restrictive, especially when
applied to sites that have buildings which are set back a
substantial distance from the front property line, or are
placed along one side of a property (i.e. Causeway Lumber,
Keystone Creations). It would be more appropriate to
ensure that outside storage be located outside of any
required setback areas (front, side, or rear), and that it
be adequately screened. The language regarding outside
storage is changed accordingly with the proposed amendment.
Sections 4.4.19(G), 4.4.20(G), 4.4.21(G), 4.4.25(G),
Supplemental District Regulations--individual supplemental
regulations included within the MIC, I, CF, and SAD zoning
districts.
Within each of the above listed zoning districts there are
special Supplemental District Regulations regarding the
location and screening of outside storage. The MIC and I
districts also include individual regulations requiring
operations to be conducted within enclosed buildings. In
some instances those provisions conflict with the
provisions of 4.6.6 regarding allowable outside uses. With
the clarification of the language in 4.6.6, and the
inclusion of the screening and locational requirements on
outside storage within that Section, it is appropriate to
delete the regulations currently included in the individual
districts.
Section 4.4.21 (C) Accessory Uses and Structures Permitted (CF
zoning district)
Outside storage is regulated in the CF zoning district,
within the Supplemental District Regulations of the
district itself. With the deletion of the regulations on
outside storage within the individual zoning distric~s (as
explained above), all references to outside storage Within
the district will be deleted. Therefore, it is appropriate
to list it as an Allowable Accessory Use. It will remain
subject to the restrictions on location and screening as
provided in Section 4.6.6.
P&Z Memorandum Staff Report
Text Amendment Re: Outside Uses
Page 4
Section 4.4.19 (C) Accessory Uses and Structures Permitted (MIC
zoning district)
As with the CF district, outside storage is permitted in
the MIC district per the special Supplemental District
Regulations included within that district. However, the
section in the MIC regulations regarding Accessory Uses
currently contains language stating that storage which is
allowed as an accessory use must be contained within a
building. This amendment would correct this inconsistency
by listing as an allowable accessory use: "Storage of
inventory, equipment, or materials, within a structure or
in an approved outside location."
ANALYSIS
The intent of this amendment is to simplify and clarify the
existing LDR provisions related to outside uses. Ail of the
regulations will be contained within one Section, 4.6.6, which
will apply uniformly to all zoning districts. Conflicts that
currently exist between the provisions in 4.6.6 and those
contained within the individual zoning districts will be
eliminated.
The most substantive change involves the location of outside
storage. The amendment will allow greater flexibility in the
placement of such storage on a site, while maintaining the
necessary provisions for screening the storage.
ALTERNATIVE ACTIONS
1. Recommend denial in that the proposed amendment will
diminish the City's ability to monitor and enforce
regulations regarding outside uses.
2. Recommend approval based upon a finding that the proposed
amendment is consistent with and furthers the Comprehensive
Plan by streamlining the Land Development Regulations.
3. Continue with direction.
P&Z Memorandum Staff Report
Text Amendment Re: Outside Uses
Page 5
RECOMMENDED ACTION
By motion: recommend to the City Commission that the amendments
to Section 4.6.6, 4.4.19, 4.4.20, 4.4.21, and 4.4.25 as further
described within this report be adopted, based upon a finding
that the amendment furthers the Comprehensive Plan through a
streamlining of regulations.
Attachments:
* Current text of Section 4.6.6
* Proposed amendments to Sections 4.6.6, 4.4.19(C) and (G),
4.4.20(G), 4.4.21(C) and (G), and 4.4.25(G).
Report prepared :~~.Dia~,e Domi. n. gu~ Date
Report reviewed ~0~ ~ 2~_> ~t,~ Date
Section 4.6.6
Section 4.6.6 Commercial and Industrial Uses to Operate
Within a Building:
(A) Intent: It is the intent of all commercial zone
districts, industrial zone districts, and mixed use districts
that all principal uses be permanent rather than transitory in
nature and that they be conducted within a completely enclosed
building rather than outside. However, certain aspects of a use
may be conducted outside and such aspects are identified herein.
The use of storage does not include allowing of the public to
handle products or for sales or customer service to be
accommodated in a storage area. Conditional uses allowed within
commercial, industrial, and mixed use districts may be conducted
outside but may be conditioned to mitigate visual and other
impacts.
(B) Allowable Outside Usage:
(1) Off-street parking
(2) Refuse and service areas, however, such areas must
be enclosed on three sides and have vision obscuring gates on the
fourth side unless such areas are not visible from any adjacent
public right-of-way.
(3) Storage of nursery plants
(4) Fruit and vegetable displays
(5) Signage
(6) Outside dining areas when a part of a restaurant.
(C) Retail Dlspla~rs Outside: Retail uses may display
merchandise outside, adjacent to the building containing the main
use upon the following conditions:
(1) An occupational license has been obtained by the
business making the display from the Building Department.
(2) No display will be permitted on public
right-of-ways, or areas used for public ingress and egress
whether public or private ownership.
(3) The Fire Department may require the removal or
modification of outside displays upon written order, when such
displays prevent or impede adequate ingress and egress for
emergency vehicles.
4607
Section 4.6.7
(4) Display is permitted only upon property owned or
leased by the business conducting the main use.
(5) A maximum of 10t of the square footage of the
interior of the-building containing the main use may be used for
outside display.
(6) The display area is shown on an approved site and
development plan.
(7) Outdoor retail area, for sale of living plants, a=
nurseries and garden shops with the proviso that one-half of the
ground area devoted to such use shall be considered as "floor
area" for the purposes of calculating and providing on-site
parking.
4.6.7 Slqns
(Refer Section 2.4.6(D) and (E) for submission
and :es for obtaining a sign permit or s of a
Master Program.)
(A) e: It shall be unlawful for )ersons to post,
display, or erect a nonexempt sign a sign structure
without first ~ving obtained a permit Signs or sign
structures without a valid perm shall be deemed
violation and lhall be mandatory to a permit, based on
Chis Section, or se remove the sign sign structure. Signs
erected, under a v, id permit, January l, 1987, which
have since become ~conforming sh. be allowed to remain
accordance with the me limitati and structure requirements
set forth in Section .7(H).
(B) Exe~Dt SLqns .lowing signs are exempt from the
provisions of this allowed to be erected in the City
of Delra¥ Beach, and do a permit:
(1) Real ·
(a) sign per , the sign being less than
square ~et in area on residentially
zoned pro:
) One additional si per lot may be erected on
a lot which waterway provided Chat
it is located along waterways; said sign
shall not exceed nine feet in area;
(c) One sign per lot, the s being less than
nine square feet in nonresidential
zoned property;
4608
PROPOSED AMENDMENT REGARDING ALLOWABLE OUTSIDE USES
Section 4.6.6 Commercial and Industrial Uses to Operate
Within a BUilding
(A) Intent:
(1) It is the intent of all commercial zone
districts, industrial zone districts, and mixed use districts
that all principal uses be permanent rather than transitory
in nature and that they be conducted within a completely
enclosed building. However, certain aspects of a use may be
conducted outside and such aspects are identified ~f~Z~ in (B)
below.
(2) Certain c~onditional uses that are allowed within
commercial, industrial, and mixed use districts can be
characterized as outside uses. Such operations may be conducted
outside ~d~ ~ ~ ~dZ~d when it is specifically
determined through the conditional use process that the outside
aspects of the use are apDropriate. Conditions may be apDlied
to mitigate visual and other impacts.
(B) Allowable Outside Usage: The following aspects of a
use may be conducted outside, pursuant to the restrictions
listed in 4.6.6(C) belows.
(1) Off-street parking.
(2) Refuse and service areas~ ~~ ~d~M ~f~
(3) Sto~age of nurse~ plants.
(4) Fruit and vegetable displays.
(5) Slgnage.
(6) Outside dining areas ~H ~&f~ ~f & ~&df&H~.
(7) Loading and unloadin~ of materials.
(8) Outside storage where specifically permitted
within a zoning district.
(9) Activities associated with outside conditional
uses, pursuant to (A)(2} above.
(10) Retail displays.
Text Amendment Re: Outside Uses
Page 2
(C) Restrict~one on Outside Useage
(1) Screening of refuse and service areas= Dumpsters,
recycling containerst and similar service areas must
be enclosed on three sides and have vision obscuring
gates on the fourth sidet unless such areas are not
visible from any adjacent public riqht-of-wa¥.
(2) Outside storaqe: Materials and equipment stored
outside must be screened from view from adjacent
public rights-of-way in a manner approved by the Site
Plan Review and Appearance Board. Outside storage may
not be located within a required setback area. It is
not intended that sales or customer service be
conducted in an area designated for storaqe.
(3) Outdoor retail displays:
(a) Outdoor retail displays must be located
adjacent to the building containing the main user on
property owned or leased by the business conductinq
the main use. No display is permitted on public
rights-of-way, except when part of an approved special
event.
(b) Outdoor display areas may not exceed 10% of
the square footage of the interior of the building
which contains the main use.
(c) When an outside display of plants is
associated with nurseries and garden shops, one-half
of the ground area devoted to such use shall be
considered as "floor area" for the purposes of
calculating and providing on-site parking.
(d) The Fire Marshal may require the removal or
modification of outside displays upon written ordert
when such displays prevent or impede adequate ingress
and egress for emergency purposes.
Text Amendment Re: Outside Uses
Page 3
Section 4.4.19 Mixed Industrial and Commercial (MIt) D~str~ct:
(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) Provisions or services and repair of items
incidental to principal uses.
(4) Storage of inventory, equipmentt or materialst
within ~d ~d~d a structure dd W~d~d ~d ~~dZ d~d Z~
approved outside location.
(G) Supplemental District Requlations: The supplemental
district regulations as set forth in Article 4.6 shall
Text Amendment Re: Outside Uses
Page 4
Section 4.4.20 Industrial (I) District
(G) Supplemental District Regulations: The supplemental
district regulations as set forth in Article 4.6 shall
Section 4.4.21 Community Facllltiel (CF) Dtltrict
(C) Accessory Uses and Structures Permitted: The
following uses are allowed when a part of, or accessory to, the
principal use:
(1) Parking lots and garages
(2) Service and refuse areas
(3) Cafeterias, snack bars, restaurants, exercise
facilities, etc., when contained In the same structure as the
principal use.
(4) Storaqe of inventory, equiDmentt or materialst
within a structure or in an approved outside location.
(G) Supplemental District Regulations: The supplemental
district regulations as set forth in Article 4.6 shall apply=
Text Amendment Re: Outside Uses
Page 5
Section 4.4.25 Special ActIvities D~str~ct ~SAD)
(G) Supplemental District Regulations: The supplemental
district .regulations as set forth in Article 4.6 shall apply
except as modified by the following:
~ Parking and loading requirements (number of
spaces) shall be as set forth on the site and development plan.
A PUBLIC 14EkRING
1'he following prap~ed ~ina~ at
mi~), ~ T~Y, ~o~ 12, ~3,
in tbe ~ty ~omm~ss~
~c~ ti~ the C~ Comm~ wiJ~
c~si~ t~J~ ~i~. T~e
Published Daily -~,~- ~,,-~
rice ~ ~ Ci~
Monday through Sunday ,~ ..W. ,~t ~,~e, De~r,, 5e~,
Boca Raton, Palm Beach County, Florida ~, ,~ ~,,~, ,~,~ ~o,.
Delray Beach, Palm Beach County, Florida ,~,~ ,~
STATE OF FLORIDA ~.~o~ o~
~ACH, FLORIDA, ~ENDtNG
COUNTY OF PALM BEAC~ C.A~TE~ 4. 'ZO.,.G ~E~U~-
TION~J SECTION ~.~.1~, ~ENTRAk
BUS~NESS ~C~D) DtST~CT", SUB-
~.~ co~ o~ o.~.~.c~s o~
appeared Nancy Smith, Inside Sales Man- ,.E CITY OF DELRAY BEACH,
~ of Th~ NeW~, d~i~y ~w~p~p~ p~b- TABLISHMENT FOR VEHICLES" AS
A CONDITIONAL USE WITHIN THE
]i~h~d i~ BO~ ~to~ ~ P~]~ B~h Oo~ty, ZONE DISTRICT, SUBJECT TO CER-
TAIN RESTRICTIONS; PR~IDI~G I
A SAVING CLAUSE,
REPEA~R CLAUSE; AND A~ EF- I
Florida; that the attached copy of advertise- ~ECTWEDATE,
ment was published in said newspapers in ~.~
the issues of: ~, o.~,.~.ce
MISSION OF THE C~TY OF DELRAY
~EA~, FLORIDA, ~END~NG
GHAPTER 4, ~ONING REGULA,
) MENTREGU~TIONS OF THE
-- ' CODEOF ORDINANCES OF THE
CITY OF DELRAY BEACH, FLORI*
DA, BY ~ENDING SECTION 4.3.3,
'SPECIAL REQUIREMENTS FOR
SPECIFIC USES', BY DELETING
5U~CT~O~ (S), 'JUNKYARD~, IN
ITS ENTIRETY; BY ~ENDING
SECTION 4.4.~, 'INDUSTRIAL (1)
Affiant further says that The News is a ERE~CETOSECTION4.3.3(S);PR~
newspaper published in Boca Raton, in said
Palm Beach County, Florida, Monday
through Sunday, and has been entered as i .,...~.c~o~
SeeDed O]~SS m~tte~ ~t th~ post office i~ ~c.~.~ ~, ~o.~.~ ~ou~.
Boca Rato~, Palm Beaoh Oou~ty, Florida. ~ ~o.~, o~ z.~ ~.~ ~V~O~-
MENT REGU~TIONS OF THE
for a period of one year next preceding the CO~E 0~
c,~ o~ ~EL,A' ,EACh. ~LoE,-
first publication of the attached copy of oA,,,
us~ ~o OPE,ATE W,TH~N
advertisement; and affiant further says that .u,L~,.~,
c~u~o, o~ .~ou~o.s
he has neither paid nor promised any .~,o~.e
sm~ us~s ~ ou~sm~ s~o.-
person, firm or corporation any discount, ~;
rebate, commission or refund for the pur- c~.c,~ ~,c,
pose of securing this advertisement for pub- ,,o. ,.,.~, .,.~us,,,~., ~,~
TRICW, SUBSECTION (G), SECTION
lication in said newspapers. ,.,.,,,
(CF) DJSTRImP, SUBSECTiOnS ~)
~PEClAL ACTIVITIES DISTRICT
(~D)tSUBSEmTJON (G), ALL TO
PROVIDE FOR UNIFORM APPLICA-
TIO~ OF ~GU~TIONS R~GAR~
GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
~ ~ a~l ~y ~isi~
Sworn to and subscribed before me this ~ ~
~ing
i~, ~nd
~(~) mey
dayof ' , AD., .. ....
' ~nd e~ u~ ~ ~ ~J is
F,S. ~.01~.
~ ~~~~ CITY OF DELRAY BEACH
Ali~ ~Gr~
(Sea~ ~otary Publi~, Stat ~: c~a~ ~E~D~ ~t~ ~u~,s.: ~,~ ,, ,.~
THE NE~
~- ~ ,~'. N~ ~bl~. S~ of R~ S~a/~lraylSoynt~/O~rfiel~
~y uommission expire~:." :~ .~m~.~o..~. ~?__
~'. . t-~3-NOTARY