TO: Mayor and Commissioners
FROM: Anthea Gianniotes, Development Services Director
THROUGH: Terrence R. Moore, ICMA-CM
DATE: May 20, 2025
Title
ORDINANCE NO. 04-25: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH CODE OF ORDINANCES CHAPTER 4, “ZONING REGULATIONS,” ARTICLE 4.3, “DISTRICT REGULATIONS, GENERAL PROVISIONS,” SECTION 4.3.3, “SPECIAL REQUIREMENTS FOR SPECIFIC USES,” TO ADOPT SUBSECTION (DDD), “RETAIL TOBACCO AND NICOTINE PRODUCTS DEALER,” TO ENACT REGULATIONS GOVERNING THE LOCATION AND OPERATIONS OF RETAIL TOBACCO AND NICOTINE PRODUCTS DEALERS; AND BY AMENDING ARTICLE 4.4, “BASE ZONING DISTRICT,” SECTION 4.4.13, “CENTRAL BUSINESS (CBD) DISTRICT,” SUBSECTION (C), “ALLOWABLE USES,” TO ADOPT DISTANCING REQUIREMENTS FOR STANDALONE RETAIL TOBACCO OR NICOTINE PRODUCTS DEALERS, AND BY AMENDING APPENDIX A, “DEFINITIONS,” TO ADOPT A DEFINITION FOR RETAIL TOBACCO OR NICOTINE PRODUCTS DEALERS; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AUTHORITY TO CODIFY, AND PROVIDING AN EFFECTIVE DATE. (FIRST READING)
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Recommended Action:
Recommendation
Consider Ordinance No. 04-25, a City-initiated amendment to Section 4.3.3, “Special Requirements for Specific Uses” to adopt Subsection (DDD), “Retail Tobacco and Nicotine Products Dealer,” Appendix A, “Definitions” to adopt a definition of Retail Tobacco and Nicotine Products Dealer, and Section 4.4.13, “Central Business (CBD) District” to adopt additional regulations governing the frequency of such use.
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Background:
Standalone retail tobacco and nicotine dealers have begun to proliferate, particularly in the downtown. The over-concentration of this use has the potential to negatively impact the downtown in particular, due to the compact lot and block structure. However, the proliferation of retail tobacco dealers is not desirable in any location, particularly adjacent to potentially incompatible uses s...
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