Ord 15-98ORDINANCE NO. 15-98
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4 . 4 . 9,
"GENERAL COMMERCIAL (GC) DISTRICT" , SUBSECTION
4.4.9 (B) , "PRINCIPAL USES AND STRUCTURES
PERMITTED", OF THE LAND DEVELOPMENT REGULATIONS OF
THE CITY OF DELRAY BEACH, TO ALLOW THE RENTAL OF
SPORTING GOODS AND EQUIPMENT AS A PERMITTED USE;
AMENDING SECTION 4.4.9(H), "SPECIAL REGULATIONS",
TO PROVIDE RESTRICTIONS ON THE OUTDOOR DISPLAY OF
SPORTING GOODS AND EQUIPMENT FOR RENT; AMENDING
SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT",
SUBSECTION 4.4.13(B), "PRINCIPAL USES AND
STRUCTURES PERMITTED", TO ALLOW THE RENTAL OF
SPORTING GOODS AND EQUIPMENT AS A PERMITTED USE;
AMENDING SECTION 4o4.13(H), "SPECIAL REGULATIONS",
TO PROVIDE LOCATIONAL AND OUTDOOR DISPLAY
RESTRICTIONS FOR SAID USE; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Zoning Board reviewed the proposed text amendment at a public hearing
on March 16, 1998, and forwarded the changes with a unanimous
recommendation of approval; and
WHEREAS, pursuant to Florida Statute 163.3174(4) (c), the
Planning and Zoning Board, sitting as the Local Planning Agency, has
determined that the change is consistent with and furthers the
objectives and policies of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter Four, "Zoning Regulations",
Article 4.4, "Base Zoning District", Section 4.4.9, "General
Commercial (GC) District", Subsection 4.4.9(B), "Principal Uses and
Structures Permitted", subparagraph 4.4.9(B) (4), of the Land
Development Regulations of the City of Delray Beach, Florida, be, and
the same is hereby amended to read as follows:
(B) Principal Uses and Structures Permitted: The
following are allowed within the GC District as permitted uses,
except as prohibited in the West Atlantic Avenue Overlay District by
Section 4.4.9(G) (1) (a):
(4) Services and Facilities including, but not
limited to:
* Auctions, barber and beauty shops and salons,
caterers, dry cleaning limited to on-site
processing for customer pickup only, dry
cleaning and laundry pickup stations,
financing e.g. banks and similar institutions
including drive-through facilities,
laundromats limited to self-service
facilities, pet grooming, restaurants
including drive-in and drive-through,
tailoring, tobacconist, vocational schools
limited to arts and crafts, business, beauty,
dancing, driving, gynlnastics, photography,
modeling, and karate-judo, ~ small item
repair, and rental of sporting qoods and
equipment (such as but not limited to
bicycles, skates, booqie boards).
Section 2. That Chapter Four, "Zoning Regulations",
Article 4.4, "Base Zoning District", Section 4.4.9, "General
Commercial (GC) District", Subsection 4.4.9(H), "Special
Regulations", of the Land Development Regulations of the City of
Delray Beach, Florida, be, and the same is hereby amended by adding
the following:
(H) Special Regulations:
(4) Any outdoor display of sportinq .. goods and
equipment for rent is subject to the restrictions set forth in
Section 4.6.6(C) (3) .
Section 3. That Chapter Four, "Zoning Regulations",
Article 4.4, "Base Zoning District", Section 4.4.13, "Central
Business (CBD) District", Subsection 4.4.13(B), "Principal Uses and
Structures Permitted", subparagraph 4.4.13(B) (3), of the Land
Development Regulations of the City of Delray Beach, Florida, be, and
the same is hereby amended to read as follows:
(B) Principal Uses and Structures Permitted: The
following types of use are allowed within the CBD District as a
permitted use:
(3) Services and Facilities including, but not
limited to:
- 2 - Ord. No. 15-98
* Auctions, barber and beauty shops and salons,
caterers, dry cleaning limited to on-site
processing for customer pickup only, dry
cleaning and laundry pickup stations,
laundromats limited to self-service
facilities, pet grooming, restaurants
excluding drive-in and drive-through, outdoor
cafes, tailoring, tobacconist, vocational
schools limited to arts and crafts, business,
beauty, dancing, driving, gymnastics,
photography, modeling, and karate-judo, ~
small item repair, and rental of sportinq
goods and ec[uiDment (such as but not limited
to bicycles, skates, boogie boards}.
Section 4. That Chapter Four, "Zoning Regulations",
Article 4.4, "Base Zoning District", Section 4.4.13, "Central
Business (CBD) District", Subsection 4.4.13(H), Special Regulations",
of the Land Development Regulations of the City of Delray Beach,
Florida, be, and the same is hereby amended by adding the following:
(H) Special Regulations:
(5} The rental of sportinq qoods and equipment shall
be limited to no more than one business renting a specific cateqory
of item (i.e. bicycles, skates., etc.) every 300 feet measured in a
straiqht line f~om. door to door, and any outdoor displays are subject
to the restrictions set forth in Section 4.6.6(C} (3}.
Section 5. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
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 this ordinance shall become effective
immediately upon its passage on second and final reading.
- 3 -
Ord. No. 15-98
PASSED AND ADOPTED in regular session on second and final
reading on this the 21st day of April , 1998.
ATTEST:
~ City- C~erk !
First Reading April 7, 1998
Second Reading April 21, 1998
- 4 - Ord. No. 15-98
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
IN TH ,OO ROI m
DATE:
AND CENTRAL BUSINESS DISTRICTS)
APRIL 16, 1998
This is second reading and the second public hearing for
Ordinance No. 15-98 which amends the Land Development Regulations
to include the rental of sporting goods and equipment as a
permitted use, subject to certain restrictions, in the General
Commercial District and the Central Business District.
This amendment was initiated by the Planning and Zoning Board
since the rental of sporting goods and equipment is not
specifically listed in the Land Development Regulations. The GC
and CBD zoning districts allow the retail sale of sporting goods
and bicycles as a permitted use, but neither district addresses
the rental of such merchandise. The Board felt it appropriate to
allow the rental of sporting goods and equipment as a permitted
use, provided certain restrictions were imposed.
The Planning and Zoning Board held a public hearing on this item
on March 16, 1998. There was public testimony in support of the
text amendment, and no testimony in opposition. After
discussion, the Board voted unanimously to recommend approval of
the amendment with limitations on outdoor display as well as
locational restrictions. At first reading on April 7, 1998, the
Commission passed the ordinance by unanimous vote.
Recommend approval of Ordinance No. 15-98 on second and final
reading, based upon the findings and recommendation of the
Planning and Zoning Board.
ref:agmemo7
TO:
THRU:
FROM:
SUBJECT:
DAVID T. HARDEN, CITY MANAGER (~
DIANE DOMINGUEZ, DIRECTOR OF
JEFFREY A. COSTELLO, SENIOR PLANN~
MEETING OF APRIL 7, t998
CONSIDERATION OF AN AMENDMENT TO LDR SECTIONS 4.4.13(B) [CENTRAL
BUSINESS DISTRICT] AND 4.4.9(B) [GENERAL COMMERCIAL] AND TO ALLOW
RENTAL OF SPORTING GOODS AND EQUIPMENT AS A PERMITTED USE.
This amendment was initiated by the Planning and Zoning Board as the rental of sporting goods and
equipment is not specifically listed in the Land Development Regulations in the GC and CBD zoning
district. The GC and CBD zoning districts specifically allow the retail sale of sporting goods and
bicycles as a permitted use. Both also allow as an accessory use, "the provision of services and
repair of items incidental to the principal use". Neither district specifically addresses the rental of such
merchandise as a permitted or accessory use. While it is appropriate to allow the rental of sports
equipment and goods as a permitted use, limitations on outdoor display and the number of rental
facilities in the downtown area should also be considered. Additional background and an analysis of
the request is found in the attached Planning and Zoning Board staff report.
The Planning and Zoning Board held a public hearing regarding this item at its meeting of March 16,
1998. There was public testimony in support of the request, and no testimony in opposition. After
discussing the text amendment, the Board voted 7-0 to recommend to the City Commission that LDR
Sections 4.4.9(B) and 4.4.13(B) (Principal Uses and Structures Permitted Allowed) be amended to
allow the rental of sporting goods and equipment as a permitted use in the GC and CBD zoning
districts, and included restrictions regarding locations in the CBD. The Board suggested some
changes in the text language, including a recommendation that the Iocational restriction allow "one
business renting a specific category of item (i.e. bicycles, skates, etc.) every 300', measured in a
straight line from door to door", rather than allowing one per segment of a block fronting a street as
originally proposed by staff.
By motion, approve on first reading a text amendment to LDR Sections 4.4.9 (B) and 4.4.13 (B)
(Principal Uses and Structures Permitted) to include rental of sporting goods and equipment as a
permitted use, and add related restrictions, based upon the findings and recommendations by the
Planning and Zoning Board, setting a public hearing date of April 21, 1998.
Attachments:
· P&Z Staff Report and Documentation of March 16, 1998
· Ordinance by Others
MEETING DATE:
AGENDA ITEM:
MARCH 16, 1998
IV.F. - AMENDMENT TO LDR SECTIONS 4.4.13(B)
CENTRAL BUSINESS DISTRICT (CBD), AND 4.4.9(B)
GENERAL COMMERCIAL (GC), TO ALLOW SPORTING
GOODS AND EQUIPMENT RENTAL AS A PERMITTED
USE.
The item before the Board is that of making a recommendation to the City
Commission regarding an LDR text amendment to Section 4.4.9(B)
General Commercial (GC), Principal Uses and Structures Allowed, and
Section 4.4.13(B), Central Business District (CBD), Principal Uses and
Structures Allowed, which would allow the rental of sporting goods and
equipment as a permitted use, pursuant to LDR Section 2.4.5(M).
Pursuant to Section 1.1.6, an amendment to the text of the Land
Development Regulations may not be made until a recommendation is
obtained from the Planning and Zoning Board.
This amendment was initiated by the Planning and Zoning Board as the rental of
sporting goods and equipment is not specifically listed in the Land Development
Regulations in the GC and CBD zoning district. The GC and CBD zoning districts
specifically allow the retail sale of sporting goods and bicycles as a permitted use. Both
also allow as an accessory use, "the provision of services and repair of items incidental
to the principal use". Neither district specifically addresses the rental of such
merchandise as a permitted or accessory use. Such establishments do exist in the
CBD (Richwagen's Bicycle Shop, A-1-A Bike Rentals, and In-Line Heaven). These
businesses both sell and rent sports equipment, including bicycles, in-line
skates/rollerblades, and accessory items.
The lack of cladty in the code lends itself to inconsistencies in interpretations, and
needs to be addressed. The question could be brought forward to the Planning and
Zoning Board as a Similarity of Use determination, however, the Board would probably
want to impose certain limitations and restrictions on the use. Therefore, the Board
initiated the text amendment to allow sports equipment rentals in the CBD and GC
zoning districts.
VI.F.
P & Z Board Memorandum Staff Report
LDR Text Amendment - Sporting Goods & Equipment Rentals as a Permitted Use in the CBD &
GC Zoning Districts
Page 2
LDR Section 2.4.5(M)(5) (Findings): In addition to provisions of Section 1.1.6(A),
the City Commission must make a finding that the text amendment is consistent
with and furthers the Goals, Objectives and Policies of the Comprehensive Plan.
The proposed use is one that would primarily cater to visitors and tourists in the
downtown and beach areas and should be considered as a permitted use in the CBD
and GC zoning districts. If approved, the proposed use would also be allowed in the
PC (Planned Commercial) zoning district, which typically is applied to shopping centers,
as the PC distdct refers to the GC zoning district regulations regarding allowable uses.
While it is appropriate to allow the rental of sports equipment and goods as a permitted
use, limitations on outdoor display and the number of rental facilities in the downtown
area should also be considered. With regard to the City's Comprehensive Plan, there
are no applicable goals, objectives or policies listed within the Comprehensive Plan that
relate to this text amendment.
A number of municipalities were contacted including Key West, Miami Beach, St.
Augustine, Deerfield Beach, Ft. Lauderdale, regarding sports equipment rentals. The
majority of municipalities allow sports equipment rentals as a permitted use in
commercial and tourist-oriented zoning districts. Within these municipalities, sporting
goods and equipment does not include motorized vehicles and watercraft such as
waverunners, jet skis, and mopeds/scooters. Currently, rentals are only addressed in
the AC (Automotive Commercial) and Industrial (MIC, I and 'LI) zoning districts. In the
AC zoning district vehicle rentals (i.e. automobiles, trucks, motorcycles, boats,
recreation vehicles) is a permitted use, and in the industrial zoning districts, the rental of
modular buildings and construction equipment are a conditional use. The rental of
sporting goods and equipment, or any other item, except as stated above, is not
specifically listed within any of the zoning districts. On March 18, 1997, a request to
amend the Land Development Regulations to allow moped/scooter rentals in the CBD
was denied by the City Commission. The proposed amendment should only apply to
non-motorized sporting goods and equipment (i.e. bicycles, in-line skates, kayaks,
surfboards, boogie boards, snorkel equipment, smashball, etc.).
Within the CBD, location or distance restrictions may be appropriate to prevent a
significant concentration of one type of rental facility in a block. This would prevent
more than two businesses renting the same items within the same block. However, one
business could rent bicycles, while another business could rent in-line skates. This
restriction would not apply to the GC zoning district, as sports equipment rentals are
typically concentrated within the downtown area, east of the Intracoastal Waterway,
which is zoned CBD. Any outdoor display within either of the zoning districts would be
restricted the same as retail establishments, which are subject to LDR Section
4.6.6(C)(3). This code section limits outdoor display to 10% of the total floor area of the
business, and prohibits displays on public rights-of-ways, except when part of an
approved special event.
P & Z Board Memorandum Staff Report
LDR Text Amendment - Sporting Goods & Equipment Rentals as a Permitted Use in the CBD &
GC Zoning Districts
Page 3
Consideration was given to allowing sporting goods and equipment rentals as an
accessory use, however, the control of such uses and their locations would be
diminished. Therefore, to allow the use as an accessory use should not be considered.
Municipal Beach
There are some concerns that certain items available for rent could not be used on the
Municipal Beach and Atlantic Dunes Park. The following matdx lists the sporting goods
and equipment typically associated with beach activities and the restrictions associated
with the items.
Airborne Objects X
(kit. es, srnashball, football, volleyball,etc.)
Boogie Boards X
Fishing X
Flotation Devices/Rafts X'
Kayaks * X
Scuba Diving X
Skim Boards X
Snorkel Equipment ...... X
Surfboards * X
Waverunners/Jet Skis X
Windsurfers * X'
· Surfboards, windsurfers and kayaks must be launched at designated areas
at the north and south ends of the municipal beach.
.Community Redevelopment Agency;
The CRA will review this amendment at its meeting of March 12, 1998. Their
recommendation will be reported at the Planning and Zoning Board meeting.
Downtown Development Authority:
This item is scheduled for review by the DDA at its meeting of March 18, 1998. The
DDA's recommendation will be provided to the City Commission.
,Pineapple Grove Main Street:
At its meeting of March 11, 1998, the PGMS reviewed and recommended approval of
the proposed text amendment.
P & Z Board Memorandum Staff Report
LDR Text Amendment - Sporting Goods & Equipment Rentals as a Permitted Use in the CBD &
GC Zoning Districts
Page 4
Courtesy Notices:
A special courtesy notices was provided to the following civic and homeowner's
associations:
Delray Merchants Association
Beach Property Owners
Letters of objection and support, if any, will be presented at the Planning and Zoning
Board meeting.
The proposed text amendment will specifically list the rental of sporting goods and
equipment as a permitted use in the CBD and GC zoning districts. The types of
sporting goods and equipment would be limited to non-motorized items (i.e. bicycles, in-
line skates, skateboards, snorkel equipment, etc.). Special regulations are proposed
within the CBD zoning district to prevent a large concentration of one type of item within
a block. This restriction would not apply to the GC zoning district. The outdoor display
would be subject to LDR Section 4.6.6(C)(3), limits outdoor display to 10% of the total
floor area of the business, and prohibits displays on public rights-of-ways, except when
part of an approved special event. Positive findings can be made with respect to LDR
Section 2.4.5(M), as there are no applicable goals, objectives, or policies which relate to
the LDR amendment.
By motion, recommend to the City Commission approval of a text amendment to LDR
Section 4.4.9(B) General Commercial {'GC), Principal Uses and Structures Allowed, and
Section 4.4.13(B) Central-Business Distdct (CBD), Principal Uses and Structures
A!lo..wed, to allow the rental of sporting goods and equipment as a permitted use, based
upon positive findings with LDR Section 2.4.5(M).
Attachment:
· Proposed Ordinance
Section 4.4.13 CBD (Central Business District):
(B)
Principal Uses and Structures Permitted: The following types of use are
allowed within the CBD District as a permitted use:
(3) Services and Facilities including, but not limited to:
Auctions, barber and beauty shops and salons, caterers, dry cleaning limited
to on-site processing for customer pickup only, dry cleaning and laundry
pickup stations, financing e.g. banks and similar institutions including drive-
through facilitieS, laundromats limited to self-service facilities, pet grooming,
restaurants excluding drive-in and drive-through, outdoor cafes, tailoring,
tobacconist, vocational schools limited to arts and crafts, business, beauty,
dancing, driving, gymnastics, photography, modeling, and karate-judo,
small item repair, and rental of sporting, goods and equipment (such as
bicycles, skates, boogie boards, etc.).
(H) Special Regulations:
(Add the following) (6) The rental of sporting goods and equipment shall be
limited to no more than one business renting a specific cateqory of item (i.e. bicycles,
skates, etc.) per segment of a block fronting a street, and any outdoor displays are
subject to the restrictions set, forth in Section 4.6.6(C)(3).
Section 4.4.9 General Commercial (GC) District:
(B)
Principal Uses and Structures Permitted: The following uses are allowed
within the GC District as permitted uses, except as prohibited in the West Atlantic
Avenue Overlay District by Section 4.4.9(G)(1)(a):
(4) Services and Facilities including, but not limited to:
Auctions, barber and beauty shops and salons, caterers, dry cleaning limited
to on-site processing for customer pickup only, dry cleaning and laundry
pickup stations, financing e.g. banks and similar institutions including drive-
through facilities, laundromats limited to self-service facilities, pet grooming,
restaurants including ddve-in and drive-through, tailoring, tobacconist,
vocational schools limited to arts and crafts, business, beauty, dancing,
ddving, gymnastics, photography, modeling, and karate-judo, and small item
repair, and rental of sporting goods and equipment.
(H) S_Decial Reaulations:
(Add the following) (4) Any outdoor display of sporting goods and
equipment for rent is subiect to the restrictions set forth in Section 4.6.6(C~(3).
'~C Boca Raton News, Friday April 10, 1998
LelGIsl Notlce~
A PUBLIC HI~ING will be ~ an i
7:10 P,M. On ~llBdIT, ~ RI,
~), · ~ C~ ~m~ c~
~, ~ N.W. I~ A~, ~tray
~.T~~ ~y ~
k ~ d I:~ I.m. ~ S:~ p.m.,
AN ~OINA~E ~ THE CiTY C~-
~I~ION OF THE CITY OF DELRAY
Legal Notices
co~m-~-u~o
BF..ACH, FLORIDA, AMENDING SEC.
~ /,~.9, eGENERAL
C~ (GC) DISTRICt, SUBSECTION
~(B), ~INCIPAL USES ANO
STRUCTURES PERM~TTE~, OF
THE ~ND ~VELOPMENT REGU-
~T~ OF THE CITY OF DELRAY
BETH, TO ALLOW THE RENTAL
~ S~TING ~S AND EQUIP-
~NT ~ A PE~rTTED USE;
~NDING ~CTION ~4.f(~],
~ECI~ REGU~TIOg~, TO
VI~ R~TRJCTIONS ON T~ OUT-
~ DISP~Y ~ S~RT~NG
~ AND ~I~E~ FOR
~E~T; ~NDI~ SECTI~
· E~ ~INE~ (CBD) DIS-
TRI~ ~CTtON
~IP~ U~S AND STRUC*
TUR~ PE~I~E~, TO ALLOW
THE RENTAL OF S~RTING ~DS
A~D E~t~NT AS A PERM~T-
TED ~E; ~END~NG SECTION
~3(~),. ~C~AL REGULAT~OaS',
Legal Notices
CONTINUED
Iv ~'Ruvluc LOCATIONAL AND
OUTOOOR DISPLAY RESTRtCTIONS
FOR SAID USE; PROVIDING A GEN-
'ERAL REPEALER CLAUSE, A SAV-
ING, CLAUSE, ANO AN EFFECTIVE
DATE.
AN ORDINANCE OF THE ClT~; CO~
MI~tON OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING
CHAPTER 112, 'ALARM SYSTEMS',
SECTION 112.0~, EXEMPTIONS°, BY
ENACTING A NEW SUBSECTION
112.~(C} TO PROVIOE AN EXEMP-
TION FROM CHAPTER 112 FOR
SCHOOLFACILITIES OWNED BY
THE GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, ANO
AN EFFECTIVE DATE.
Please be advised lhat ff a pers~ de-
l c ides to al~eal ~y ~L~cis~ made ~
.gte City Commissi~ w~ respect
:;lay mailer c~asi~ered at tois hearing,
IUCh ~ wilt need a recorci o~ sf~h
lYOCeedings, ~ ~x Ibis ~ur~ suc
i~ may need to e~ tl~ a vet.
brim record iacludes the testimo~.y
~ evid~ ~ w'(lich I'M aOpeal IS
tO be based. The Ci~ dQes not provide
n' prN)ai'e sach record, Pursuint to
:.S. 286.0105.
CITY OF ~ELEAY BEACH
Alam A~-Gregor Harry
CS Clerk
Publ~: NvTI 10e, ~.
~oca Ra~m News
M
CITY OF DELRAY BEACI I
NOTICE OF PERMITTED USE
CHANGE WITHIN THE GENERI L
COMMERCIAL (GC) DISTRICI'
AND THE CENTRAL
BUSINESS DISTRICT (CBD)
The City Commission of the city of Delray Beach, Fie 'ida,
proposes to adopt the following ordinance:
ORDINANCE NO. 15-98
AN ORDINANCE OF THE CITY COMMISSION OF THE CIT~ OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.9,
"GENERAL COMMERCIAL (GC) DISTRICT", SUBSECTION L4.9
(B), "PRINCIPAL USES AND STRUCTURES PERMITTED" OF
THE LAND DEVELOPMENT REGULATIONS OF THE CIT~ OF
DELRAY BEACH, TO ALLOW THE RENTAL OF SPOR'I1NG
GOODS AND EQUIPMENT AS A PERMITTED USE; AMENE~ING
SECTION 4.4.9 (H), "SPECIAL REGULATIONS", TO PRO~qDE
RESTRICTIONS ON THE OUTDOOR DISPLAY OF SPOR'I'ING
GOODS AND EQUIPMENT FOR RENT; AMENDING SEC'I'ION
4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSEC'I'ION
4.4.13 (B), "PRINCIPAL USES AND STRUCTURES PERMI I I ~-D",
TO ALLOW THE RENTAL OF SPORTING GOODS ~,ND
EQUIPMENT AS A PERMITTED USE; AMENDING SEC'lION
4.4.13 (H), "SPECIAL REGULATIONS", TO PRO~,'IDE
LOCATIONAL AND OUTDOOR DISPLAY RESTRICTIONS :OR
SAID USE; PROVIDING A GENERAL REPEALER CLAUSt-_-, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
The City Commission will conduct two (2) Public Hearings fo the
purpose of accepting public testimony regarding the prop~)sed
ordinance. The first Public Hearing will be held on TUESI)AY,
APRIL 7, 1998, AT 7:00 P.M. (or at any continuation of ~uch
meeting which is set by the Commission), in the Commi.,sion
Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach,
Florida. If the ordinance is passed on first reading, a second P ~blic
Hearing will be held on TUESDAY, APRIL 21, 1998, AT 7:1)1) P.M.
(or' at any continuation of such meeting which is set by the
Commission).
All interested citizens are invited to attend the public hearings and
comment upon the proposed ordinance or submit their comrr ents
in writing on or before the date of these hearings to the Plat ning
and Zoning Department. For further information or to obtain a ,-opy
of the proposed ordinance, please contact the Planning and Z¢ ning
Department, City Hall, 100 N.W. 1st Avenue, Delray Beach, Ffl~rida
33~.~. (Phone 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 DECISION MADE BY THE CITY COMMIS.~;ION
WITH RESPECT TO ANY MA'FI'ER CONSIDERED AT THESE
HEARINGS, SUCH PERSON MAY NEED TO ENSURE TH;~T A
VERBATIM RECORD INCLUDES THE TESTIMONY ~,ND
EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ]'HE
CITY DOES NOT PROVIDE NOR PREPARE SUCH REC(~RD.
PURSUANT TO F.S. 286.0105. .
PUBLISH: Boca Raton News CITY OF DELRAY BEA 3H
March 30, 1998 Alison MacGregor Ha~
April 15, 1998 City Clerk
AD ff764007
I
CITY OF DELRAY BEACH':
NOTICE OF PERMITTED USE
CHANGE WITHIN THE GENERAL
COMMERCIAL (ac) DISTRICT
AND THE CENTRAL
(cBD)
BUSINESS DISTRICT
The City Commission of the City of Delray Beach, Florida;:.
proposes to adopt the following ordinance: ,
ORDINANCE NO. 15-98 .~
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF-
DELRAY BEACH, FLORIDA, AMENDING SECTION 4.4.9,,
'GENERAL COMMERCIAL (ac) DISTRICT", SUBSECTION 4.4.9,
(B), "PRINCIPAL USES AND STRUCTURES PERMI'I-rED",
THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF
DELRAY BEACH, TO ALLOW THE RENTAL OF SPORTING
GOODS AND EQUIPMENT AS A PERMITTED USE; AMENDING
SECTION 4.4.9 (H), "SPECIAL REGULATIONS", TO PROVIDE.::
RESTRICTIONS ON .THE OUTDOOR DISPLAY OF SPORTING
GOODS AND EQLflPMENT FOR RENT; AMENDING SECTION,~
4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT, SUBSECTION:
4.4.13 (B), "PRINCIPAL USES AND STRUCTURES PERMITTED"~
TO ALLOW THE RENTAL OF SPORTING GOODS AND.
EQUIPMENT AS A PERMITTED USE; AMENDING SECTION
4.4.13 (H), 'SPECIAL REGULATIONS", TO PROVIDE..
LOCATIONAL AND OUTDOOR DISPLAY RESTRICTIONS FOR
SAID USE; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE 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,
APRIL 7, 1998, AT 7:00 P.M. (or at any continuation of such
meeting which is set by the Commission), in the Commission
Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach,
Florida. If t.he ordinance is passed on first reading, a second Public
Hearing will be held on TUESDAY, APRIL 21, 1998~ AT 7:00 P.M.
(or at any continuation of such meeting which is set by the
Commission).
All interested citizens are invited to attend the public hearings an(]
comment upon the proposed ordinance or submit their commentS';
in writing on or before the date of these headngs tO the Plan'nin~l~'
and Zoning Department. For further 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, Florida
33444 (Phone 561/243-7040), between the hours of 8:00 a.m. and
5.t)0 p.m., Monday through Friday, excluding holidays.
PLEASE BE ADVISED THAT IF A. PERSON DECIDES TO
APPEAL ANY DECISION MADE BY THE CITY COMMISSION
WITH RESPECT TO ANY MATTER CONSIDERED AT THESE.
HEARINGS, SUCH PERSON MAY NEED TO ENSURE THAT
VERBATIM RECORD INCLUDES THE TESTIMONY AN[:}
EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. TH~.~!
CITY DOES NOT PROVIDE NOR PREPARE SUCH RECORI3.~'.
PURSUANT TO F.S. 286.0105.
PUBLISH: Boca Raton News
March 30, 1998
April 15, 1998
AD ~f764007
CITY OF DELRAY BEACH
· Alison MacGregor Harty -,_,,'-~
City Clerk ;;
CITY OF DELRAY BEACH
NOTICE OF PERMITTED USE CHANGE WITHIN
THE GENERAL COMMERCIAL (GC) DISTRICT AND
THE CENTRAL BUSINESS DISTRICT (CBD)
The City Commission of the City of Delray Beach,
proposes to adopt the following ordinance:
Florida,
ORDINANCE NO. 15-98
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, AMENDING SECTION 4.4.9, "GENERAL COMMERCIAL (GC)
DISTRICT", SUBSECTION 4.4.9(B), "PRINCIPAL USES AND STRUCTURES
PERMITTED", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF
DELRAY BEACH, TO ALLOW THE RENTAL OF SPORTING GOODS AND EQUIPMENT
AS A PERMITTED USE; AMENDING SECTION 4.4.9(H), "SPECIAL
REGULATIONS" TO PROVIDE RESTRICTIONS ON THE OUTDOOR DISPLAY OF
SPORTING GO0~S AND EQUIPMENT FOR RENT; AMENDING SECTION 4.4.13,
"CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION 4.4.13(B),
"PRINCIPAL USES AND STRUCTURES PERMITTED", TO ALLOW THE RENTAL OF
SPORTING GOODS AND EQUIPMENT AS A PERMITTED USE; AMENDING SECTION
4.4.13(H), "SPECIAL REGULATIONS", TO PROVIDE LOCATIONAL AND
OUTDOOR DISPLAY RESTRICTIONS FOR SAID USE; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE 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,
APRIL 7, 1998, AT 7:00 P.M. (or at any continuation of such
meeting which is set by the Commission), in the Commission
Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach,
Florida. If the ordinance is passed on first reading, a second
Public Hearing will be held on TUESDAY, APRIL 21, 1998, AT 7:00
P.M. (or at any continuation of such meeting which is set by the
Commission).
Ail interested citizens are invited to attend the public hearings
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 Department. For further 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, Florida 33444 (Phone 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 DECISION
MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED
AT THESE HEARINGS, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM
RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL
IS TO BE BASED. THE CITY DOES NOT PROVIDE NOR PREPARE SUCH
RECORD. PURSUANT TO F.S. 286.0105.
PUBLISH:
The News
March 30, 1998
April 15, 1998
CITY OF DELRAY BEACH
Alison MacGregor Harty
City Clerk
Instructions to NewsDaper: This ad is not to be placed in the
legal ads/classified section of the newspaper. It must be at
least two standard columns wide and ten inches long. The entire
headline [NOTICE OF PERMITTED USE CHANGE WITHIN THE GENERAL
COMMERCIAL (GC) DISTRICT AND THE CENTRAL BUSINESS (CBD) DISTRICT]
must be an 18 point bold headline. Thank you.
REF:USENOTIC
TO:
FROM:
RE:
DATE:
ALISON MACGREGOR HARTY, CITY CLERK
PREPARATION OF ADVERTISEMENT FOR THE CITY
COMMISSION MEETING OF APRIL 7, 1998
MARCH 11, 1998
Please prepare the necessary advertisement and ensure that the following item
is scheduled for public hearing at the April 7th City Commission meeting.
Amendment to the Land Development Regulations Section 4.4.9 (GC)
General Commercial and Section 4.4.13 CBD (Central Business District)
providing for the rental of sporting goods and equipment (i.e. bicycles, in-line
skates, etc.) subject to certain restrictions.
Thanks.
Pu._,gusN' :
/~? ~' !
CITY CLERK ,
City Commission Documentation
Meeting of April 7, 1998
LDR Text Amendment - Rental of Sporting Goods and Equipment in the CBD & GC zoning district
Page 2
Section 4.4.13 CBD (Central Business District):
(B)
Principal Uses and Structures Permitted: The~es of use are allowed within the
CBD District as a permitted use: ~
(3) Services and Facilities including, b~Cot limited to:
* Auctions, barber and bea/~shops and salons, caterers, dry cleaning limited to on-site
processing for custom_/er"pickup only, dry cleaning and laundry pickup stations, financing
e.g. banks and si.,gfit~r institutions including drive-through facilities, laundromats limited to
self-service f.~ties~, restaurants excluding drive-in and drive-through,
outdoor cantonal schools limited to arts and crafts, business,
beauty--s, photography, modeling, and karate-judo, ami small
itc epair, and rental of sDortina aoods and eauipment (such as but not limited to
/b' ycles, skates, boogie boards). - -
(H) Special Regulations: ..~
(Add the following) . . The rental of S.OOrting goods and eauiDment shall be limited to no
more than one business renting a specific category_ of item (i.e. bicycles, skates, etc.) every_ 300'.
measured in a straight line from door to door. and any outdoor dis.Plays are subject to the restrictions
set forth in Section 4.6.6(C)(3),
Section~.4.9 General Commercial (GC) District:
v~(B) Princ'mal Uses and Structures Permitted: The following uses are allowed within the GC
District-Xa,.s permitted uses, except as prohibited in the West Atlantic Avenue Overlay District by
Section 4~(G)(1)(a):
(4) Services ahdx, Facilities including, but not limited to:
* Auctions, barber and beauty shops and salons, caterers, dry cleaning limited to on-site
processing for c~tomer pickup only, dry cleaning and laundry pickup stations, financing
e.g. banks and sirdar institutions including drive-through facilities, laundromats limited to
self-service. facilities,';,xpet grooming, restaurants including drive-in and drive-through,
tailoring, tobacconist, ~,,ocational schools limited to arts and crafts, business, beauty,
dancinc~, driving, gymna"StJ, cs, photography, modelingS, and karate-judo, =nd small item
repair, and rental of soortin_~'goods and eo. ui.Dment. ~.~/$ Cc~L.
,/ (H) S_~ecial Regulations: ,~
(Add the following) ¢4~ Anv outdoordisD~lav of sDortino ooods and eouiDment for rent
is subiect to the restrictions set'fortl~ in Section 4.6.~ ... - - ' '