51-92 ORDINANCE NO. 51-92
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 1, "GENERAL
PROVISIONS", SECTION 1.4.5 "DEFINITIONS" (APPENDIX A),
CHAPTER 4, "ZONING REGULATIONS", SECTION 4.4.9,
"GENERAL COMMERCIAL (GC) DISTRICT" AND SECTION 4.4.13,
"CENTRAL BUSINESS (CBD) DISTRICT" OF THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, FLORIDA, BY FURTHER DEFINING
THE TERM "FLEA MARKETS" AND PROVIDING FOR SUCH USE AS A
CONDITIONAL USE IN THE GENERAL COMMERCIAL AND CENTRAL
BUSINESS DISTRICTS; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach has
become concerned with the proliferation of markets, bazaars, and flea
market type of retailing; and,
WHEREAS, it is the desire of the City Commission of the City of
Delray Beach to establish controls over the development of any markets,
bazaares, and flea market type of retailing within its city limits.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 1, "General Provisions", Section 1.4.5,
"Definitions" (Appendix A), 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:
BAZAAR A market characterized by shops and stalls along a
pathway, usually for the sale of miscellaneous articles.
FLEA MARKET A market~ usually in the open air, sellinq
antiques, used household goods, curios, or the like.
MERCHANDISE MART A market where groups of retailers sell goods
at discounted~ warehouse, or cost prices.
Section 2. That Chapter 4, "Zoning Regulations", Section 4.4.9,
"General Commercial (GC) District", Subsection 4.4.9(D), "Conditional
Uses and Structures Allowed", 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:
(9) Flea Markets, bazaars, merchandise marts, and similar
retail uses.
Section 3. That Chapter 4, "Zoning Regulations", Section
4.4.13, "Central Business (CBD) District", Subsection 4.4.13(D),
"Conditional Uses and Structures Allowed", of the Land Development
Regulations of the Code of Ordinances of the City of Delray Beach,
Florida, be, and the same is hereby amended by adding a new Paragraph
(15) to read as follows:
(15) Flea Markets{. bazaars~ merchandise marts, and similar
retail uses.
Section 4. 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 5. That all ordinances or parts of ordinances in
conflic~ herewith be and the same are hereby repealed.
Section 6. That this ordinance shall become effective within
ten (10) days of its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 27th day of October , 1992.
ATTEST:
~ty' ~l~rk
First Reading October 13, 1992
Second Reading October 27, 1992
-2- Ord. No. 51-92
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~/~f
SUBJECT: AGENDA ITEM ~ /O ~_ MEETING OF OCTOBER 27, ~992
ORDINANCE NO. 51-92
DATE: OCTOBER 23, 1992
This is the second reading of an ordinance amending the Land
Development Regulations by further defining the term "flea markets"
and providing for such use as a conditional use in the General
Commercial and Central Business Districts.
This item has been before the City Commission, in one form or another,
for more than a year. Earlier this year, the Commission denied a
Ordinance No. 54-91 which attempted to define and regulate flea
markets and directed staff to come back with a simpler approach.
The Planning and Zoning Board, at their September 21st meeting,
reviewed this item. Their comments and recommendations have been
incorporated into Ordinance 51-92. A detailed staff report is
attached as backup material for this item.
Recommend approval of Ordinance No. 51-92 on second and final reading.
ORDINANCE NO. 51-92
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BE~CH, FLORIDA, AMENDING CHAPTER 1, "GENERAL
PROVISIONS", SECTION 1.4.5 "DEFINITIONS" (APPENDIX A),
CHAPTER 4, "ZONING REGULATIONS", SECTION 4.4.9,
"GENERAL COMMERCIAL (GC) DISTRICT" AND SECTION 4.4.13,
"CENTRAL BUSINESS (CBD) DISTRICT" OF THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, FLORIDA, BY FURTHER DEFINING
THE TERM "FLEA MARKETS" AND PROVIDING FOR SUCH USE AS A
CONDITIONAL USE IN THE GENERAL COMMERCIAL AND CENTRAL
BUSINESS DISTRICTS; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach has
become concerned with the proliferation of markets, bazaars, and flea
market type of retailing; and,
WHEREAS, it is the desire of the City Commission of the City of
Delray Beach to establish controls over the development of any markets,
bazaares, and flea market type of retailing within its city limits.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 1, "General Provisions", Section 1.4.5,
"Definitions" (Appendix A), 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:
BAZAAR A market characterized by shops and stalls along a
pathway, usually for the sale of miscellaneous articles.
FLEA MARKET A market, usually in the open air, selling
antiques, used household goods, curios, or the like.
MERCHANDISE MART A market where groups of retailers sell goods
at discounted, warehouse, or cost prices.
Section 2. That Chapter 4, "Zoning Regulations", Section 4.4.9,
"General Commercial (GC) District", Subsection 4.4.9(D), "Conditional
Uses and Structures Allowed", 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:
(9) Flea Markets, bazaars, merchandise marts, and similar
retail uses.
Section 3. That Chapter 4, "Zoning Regulations", Section
4.4.13, "Central Business (CBD) District", Subsection 4.4.13(D),
"Conditional Uses and Structures Allowed", of the Land Development
Regulations of the Code of Ordinances of the City of Delray Beach,
Florida, be, and the same is hereby amended by adding a new Paragraph
(15) to read as follows:
(15) Flea Markets, bazaars, merchandise marts, and similar
retail uses.
Section 4. 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 5. That all ordinances or parts of ordinances in
conflict herewith be and the same are hereby repealed.
Section 6. That this ordinance shall become effective within
ten (10) days of its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the __ day of , 1992.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
CITY COMMISSION DOCUMENTATION
TO: //'q~A~D T. HARDEN, CITY MANAGER
FROM: DAVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF OCTOBER 13, 1992
FIRST READING: ORDINANCE RE FLEA MARKETS AND SIMILAR
USES
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of an ordinance which provides
further definition to the term "flea markets" and which
allows such use in the CBD Zoning District.
BACKGROUND:
This item has been before the City Commission, in one form or
another, for more than a year. Earlier this year, the City
Commission denied Ordinance No. 54-91 (previous attempt at
further defining and regulating flea markets) and provided
direction to the Administration to come back with a simpler
approach. Please see the attached Planning and Zoning Board
staff report for a chronology of events and considerations of
this item.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of September 21, 1992, and forward the text amendment as
contained in the attached ordinance.
The Board's recommendation provides for operation within a
flexible regulatory environment. This is accomplished by adding
the words "bazaar", "farmer's market", "mini-mart", and "similar
uses" to the Conditional Use portion of the GC regulations which
currently contains the words "flea markets". Also, the above
words would be added to the CBD Zoning District, again, as a
Conditional Use. Thus, a petition for such a use would be
subject to the Conditional Use process. During such review, the
criteria and topics raised during the review of proposed
Ordinance No. 54-91 could be considered on a~"as applicable"
basis. Additionally, standard definitions for each of the terms
are added to the Definition Section.
City Commission Documentation
1st Reading: Ordinance Re Flea Markets & Similar Uses
Page 2
RECOMMENDED ACTION:
By motion, approval of this proposed ordinance on first reading.
Attachment:
* P&Z Staff Report & Documentation of September 21, 1992
DJK/CCFLEA.DOC
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
TO: PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH
SUBJECT: REGULAR MEETING OF SEPTEMBER 21~ 1992
CONSIDERATION OF AN AMENDMENT TO THE LDRs RE
FLEA MARKETS AND SIMILAR USES
ITEM BEFORE THE BOARD:
The action requested of the Board is that of review and
comment upon a proposed modification to Sections
4.4.9(D)(9) and 1.4.5 Definitions of the LDRs. These
proposed changes provide further description and definition
to the term "flea market" and similar uses.
Section 1.1.6(A) provides that prior to action on a
proposed amendment to the LDRs, a recommendation is
obtained from the Planning and Zoning Board.
BACKGROUND:
A Brief Chronology~
* In 1990, the concept of a "mini-mall" in the former
Sink-n-Swim location (CBD) was proposed and received some
general support as an activity to fill vacant floor space
in the downtown. Administratively, it was determined that
provided: inventory was retained on the premises, there
were normal hours of operation for all tenants, and each
retailer operated within an area separated from others by
walls which required building permits (as opposed to
temporary, moveable petitions), the resulting use was that
of a retail operation.
* In 1991, the "mini-mall" concept was permitted in the
shopping center at N. Federal Highway and 14th Street
(subsequently the use failed and no longer exists).
* Also in 1991, a concept promoted as a "bazaar"/"flea
market" was proposed for the former Ames building on
Military Trail. The promoter advocated that the use would
be conducted as a "mini-mall" (described above). In
response to citizen concern about the proposal, direction
was given (by the City Commission) to the Administration to
create an ordinance which would further regulate
mini-malls, bazaars, and flea markets. Direction was given
to proceed with classification as a Conditional Use, a
broad definition, special performance standards for minimum
tenant size, parking, traffic impact analysis, signage, and
architectural (interior) review.
P&Z Memorandum Staff Report
Consideration of an Amendment to the LDRs
Re Flea Markets & Similar Uses
Page 2
[NOTE: A complete building permit was not submitted for
conversion of the Ames building, but based on the
information that was formally submitted the Director ruled
that the proposal was, indeed, a flea market and would be
subject to Conditional Use approval].
* August, 1991: - Draft of Ordinance No. 54-91 released.
- Draft approved on first reading on August 13th.
- CRA objection @ meeting of August 15th.
- DDA expressed opposition.
- P&Z Board deferred consideration until a collective
meeting could be held.
- Revised draft approved on first reading, August 27th.
* September, 1991
- P&Z, CRA, DDA joint meeting on September 5th at which
P&Z recommended approval, only after substantial
changes be made. The changes provided for exceptions,
change in definition, and other matters.
- City Commission, on September 10th, directed the
Administration to make further changes to the draft
ordinance.
* October, 1991
- City Commission referral of latest draft of ordinance
to the P&Z Board for review. This draft was
.consistent with the Board's previous recommendations.
Some direction was to make the ordinance "stronger",
to prohibit flea markets, to accommodate downtown
festival markets, to exempt geographic areas.
- P&Z Board deferred consideration until November but
directed staff coordination prior to its next meeting.
* November, 1991
- No substantial recommendations came from the staff
coordination meeting.
- P&Z Board forwarded the draft ordinance with a few
additional changes.
- CRA affirmed opposition by letter of November 19th.
- Chamber of Commerce opposition contained in letter of
November 22nd which sought exclusion for the CBD or
having the CRA administer the regulations within the
CBD.
- On November 26th, the City Commission deferred action
and referred the item to the City Attorney for changes
affecting the definition, making it tougher, exempting
the CBD.
P&Z Memorandum Staff Report
Consideration of an Amendment to the LDRs
Re Flea Markets & Similar Uses
Page 3
* ..... , 1992
- Consideration of Ordinance No. 54-91 by the City
Commission in the same form as in November, 1991.
Referral to P&Z Board for comment.
- P&Z Board forwarded the proposed ordinance with the
same comments as per November 18, 1991.
- City Commission denied Ordinance No. 54-91 after
discussion of notice requirements (when exempting the
CBD), the direction of the ordinance, and the
continuing problems with it. They also gave direction
to the Administration to come up with a different
approach.
Suggested Alternative Approach: The approach recommended by the
Planning Director is to operate within a flexible regulatory
environment. This would be accomplished by adding the words
"bazaar", "farmer's market", "mini-mart", and "similar uses" to
Section 4.4.9(D)(9) which currently states "flea markets".
Thus, a petition for such a use would be subject to the
Conditional Use process. During such review, the criteria and
topics raised during the review of proposed Ordinance No. 54-91
could be considered on an "as applicable" basis. Additionally,
standard definitions for each of the terms will be added to
Section 1.4.5.
Other alternatives:
(A) Remove the use "flea market" from the Code. This Would not
resolve the situation in that other descriptive terms would
be used e.g. bazaar, mini-mart, etc. If wording is put in
place to not allow flea markets, bazaars, mini-marts, and
similar uses, the effect would be to not allow farmer's
markets, what has been referred to as "artisan shops", and
may disallow facilities such as the Delray Indoor Flea
Market (West Atlantic Avenue).
(B) Remove the use description from the GC, and hence PC, zone
district; add it specifically to the CBD zone district;
still, however, as a Conditional Use. This would appear to
satisfy suburban and downtown interests with respect to
some concerns; but, would not prohibit the establishment of
a facility similar to the Delray Indoor Flea Market if it
were to promote itself as "Marketplace West".
(C) Provide an all inclusive definition without specific
development standards. This approach would result in many
development and reuse projects requiring a Conditional Use
hearing process. Also, assuming that many would be
approved, any of which are denied may be able to argue
effectively that the denial was arbitrary.
(D) Provide an all inclusive definition with specific
development standards. This was the approached pursued,
then abandoned, over the past year and one-half.
P&Z Memorandum Staff Report
Consideration of an Amendment to the LDRs
Re Flea Markets & Similar Uses
Page 4
RECOMMENDED ACTION:
By motion, recommend to the City Commission that the following
text amendments be made to the LDRs:
(1) Section 4.4.9(D):
(9) Flea Markets, baz.aars, merchand~sg..marts, and similar
retail uses.
(2) Section 4.4.13(D)
(15) Flea Markets, bazaars~ merchandise marts.~ and similar
retail uses.
(3) Section 1.4.5 Definitions (Appendix "A")
Bazaar: A market characterized by shops and stalls alonq a
pathway, usually for the sale of miscellaneous articles.
Flea Market: A market, usually in the open air, sellinq
antiques, used household goods, curios, or the like.
Merchandise Mart: A market where groups of retailers sell
goods at discounted, wharehouse, or cost prices.
Prepared by: q~ /~ ,~.. ~
DJK/PZFLEA.DOC
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM ~ 12,A. _ MEETING OF OCTOBER 13. 1992
ORDINANCE NO. 51-92
DATE: October 9, 1992
This is a first reading of an ordinance amending the Land Development
Regulations by further defining the term "flea markets" and providing
for such use as a conditional use in the General Commercial and
Central Business Districts.
This item has been before the City Commission, in one form or another,
for more than a year. Earlier this year, the Commission denied a
Ordinance No. 54-91 which attempted to define and regulate flea
markets and directed staff to come back with a simpler approach.
The Planning and Zoning Board, at their September 21st meeting,
reviewed this item. Their comments and recommendations have been
incorporated into Ordinance 51-92. A detailed staff report is
attached as backup material for this item.
Recommend approval of Ordinance No. 51-92 on first reading.
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