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Ord 29-09AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.3.3, "SPECIFIC REQUIREMENTS FOR SPECIFIC USES", BY ENACTING A NEW SUBSECTION 4.3.3(ZZZ}, "T"RANSIENT RESIDENTIAL USES", IN ORDER TO ESTABLISH PROHIBITIONS, E~:EMPTIONSJ EXCEPTIONS, WAIVERS, AND PENALTIES FOR SAME; AMENDING SECTION 4,4.6, "MEDIUM DENSITY RESIDENTIAL (1tN1} DISTRICT", SUBSECTION (B}, "PRINCIPAL USES AND STRUCTURES PERMITTED", IN ORDER TO PROVIDE THAT TRANSIENT RESIDENTL~.L. USES SHALL BE ALLOWED AS PERMITTED USES WITHIN THE (RM} DISTRICT; AMENDING APPENDIX "A", "DEFINITIONS", IN ORDER TO PROVIDE A DEFINITION OF "T~tANSIENT l~:.ESIDENTIAL USES"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTNE DATE. WHEREAS, the City Commission hereby finds and declares that the leasing, renting, licensing; subleasing or otherwise allowing in any manner or form the use of single-family residential dwelling units foi periods of less than twelve (12) months with a tumover in occupancy more often than six (6} times per year tc any person, entity or family, is anon-residential activity and is not considered an accessory use customarily accessory and incidental and subordinate to the primary intended purpose of dwellings, See, Sshufar~ v. City ~~ Treasure Isdas~d, 21 F1a.L,Weekly Fed. C11541 (11th Cir. 2008}; and WHEZ3:EAS, the Census Data collected by the U.S. Census Bureau in 2000 provides that the average family size is 2.87 people; and WHEREAS, transient residential uses often maximize occupancy causing increased pressure on infrastructure, including: garbage, sewer, water, and roadways; and WHEREAS, transient residential uses can result in increased noise and traffic in single-family communities; and WHEREAS, unless regulations are placed on the amount and location of transient uses, such uses could overwhelm the non-transient related single-family residendal community making the City of Delray $each a less attractive place to reside; and WHER.I~AS, transient residential uses can be incompatible with permanent and seasonal residential uses if not properly planned, controlled and regulated; and WHEREAS, the rapid turnover in occupancy associated with transient residential uses can be a disruptive influence on the peaceful use and enjoyment of single family residential areas; and ~ WHEREAS, reserving land for single family residences preserves the character of neighborhoods, securing "zones where family values, youth values, and the blessings of quiet seclusion and clean air make the area a sanctuary far people." See, City of Edmonds v. O.xfnrd House, 514 U.S. 725, 733 115 S.Ct. 1776, 131 L.Ed. 2d 841 (1995}; and WHEREAS, Congress intended the FHA to "prohibit the use of zoning regulations to limit the ability of the handicapped to live in the residence of their choice in the community; however, the FHA does not pre- empt or abolish a municipality's power to regulate land use and pass zoning laws." See, Je~rt-y O, a City of Boca Raton, 511 F. Supp. 2d 1339 (S.D. Fla. 2007}; and WHER.f:AS, transient residential uses can displace permanent single family residential dwellings and thus reduce the number of permanent residents in the City and cause a reduction in state revenue sharing funds necessary to support the services that influence the quality of life far residents, commercial interests, and visitors to the City of Delray Beach; and WHEF~;EAS, uncontrolled and unregulated transient residential uses is found to have a negative impact, on the City of Delray Beach's economy, property values, law enforcement, traffic, safety, and the general health, safety, and welfare of the citizens of Delray Beach; and WHEREAS, the State of Florida has recognized that leases, rentals, licenses, and subleases or otherwise allowing in any manner the use of a residential dwelling unit for under twelve (12} months in duration is a transient use and is therefore taxed by the State of Florida at a rate of six {6} percent of the total rental amount charged; and WHEREAS, the State of Florida regulates Group Homes and Community Residential Homes by X419.001, Fla, Stat., which provides distance requirements of 1,000 feet between any borne with six {6} or fewer' residents and zoning approval by local government of all homes with seven (7} to fourteen (14} residents, which results in less of an impact upon single-family zoning districts due to the distance requirements; and WHEREAS, Group Homes and Community Residential Homes statistically have residents that have a turnover in occupancy of less than six (G} times per year; and WHEREAS, Assisted Living Facilities, which are licensed under Chapter 429, Fla, Stat. statistically have residents that have a turnover in occupancy of less than six {6} times per year; and WHEREAS, the Delray Beach Planning and Zoning Board has reviewed this ordinance and a duly noticed public hearing was held before the Planning and Zoning Board an May 18, 2009, and said Board has recommended denial of the changes to the City's Land Development Regulations regarding the regulation of transient rental units by a vote of 5 to 0; and Dian. WHEREAS, the City Commission finds that the ordinance is consistent with the City's NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Land Development Regulations of the City of Delray Beach, Florida, Secti 4.3.3, "Specific Requirements for Specific Uses", Subsection 4.3.3(ZZZ), "Transient Residential Uses", sly hereby be enacted to read as follows; such a way that it has a turnover in occupancy of more than six (6~ times in an one 1Lvear. Uses are permitted uses in Medium Density Residential ~ItM~ Districts. (2~ Excendons (Exemptions: lease agreement between an existing Deco ant and the real property caw„ ner or twelve (12) months after the effective date of this ordinance, whichever occurs first. form the use of asingle-family dwelling unit for Corntnuruty Residential Hermes, are exempt. much time the owners spend at the dwelling unit on a yearly basis. Director or hisrher designee including the followin documentation: whom purchased; 3 ORD. N0.29-49 ,i ~ ,i most recent assessments jcl Real estate taxes for theyrevious two v„ ears: f d3 Annual debt service or mortgage ~a~ments, if and, for the ~arevious two years; ~ro~ert~; and; f~~ The annual gross income from the ~ro~rerty for the previous two dears, if and; ~h) The annual cash flow, if and, for the t~revious two , ey ars; hardship; and are feasible. Reasonable Accommodation: Reasonably obtainedyursuant to LDR Section 2.~.7(_G,~. shall be in violation of this section. 4 ORD. N0.29-09 (61 Severabilit~ Residential Uses". Section 2. That Section 4.4.6, "Medium Density Residential (1tM} Districts", Subsection {B), "Principal Uses and Structures permitted", of the Land Development Regulations of the City of Delray Beach, Florida, shall be hereby amended to read as follows: (B} Principal Uses and Structures Permitted: The following types of use are allowed within the (1t~~I} District as permitted use: (1} Single family detached dwellings. (2} Duplex structures. (3} Multiple family structures. (4} An abused spouse residence with twelve (12} or fewer residents. (5} Group Homes, Types 1 and 2, and Community Residential Homes, pursuant to restrictions set forth in Section 4.3.3(1). (6) Parking lots not associated with a use, pursuant to an adopted neighborhood or redevelopment plan. (7} Pocket parks. (8} Public educational facilities of The School District of Palm Beach County, pursuant to the regulations set forth in Section 4.3.3(HH). (9} Assisted Living Facilities and Continuing Care Facilities. (14} Transient Residential Use. Section 3. That Appendix "A", "Definitions", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: TRANSIENT RESIDENTIAL USE shall mean a dwelling that is ataerated or used in such a way that 5 C+RD, NO.29-49 coon That should any section ar 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 ar parts of ordinances in conflict herewith be, and the same are hereby repealed. Section G, That this ordinance shall became effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in re ar session an second and final readin an the~~~da of ~ g Y 2Q09. ATTEST MAY O City Clerl£ C~ First Readin ~ ~ 1 Second Reading- 6 ORD, NO, 29-fl9 Page 1 of 1 I~~MORANDI~M TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: June 23, 2049 SUBJECT: AGENDA ITEM 10.C. -REGULAR COMMISSION MEETING OF JULY ? 2049 ORDINANCE NO, 29-09 S( ECO...N...D READING/SECCINI} PUBLIC HEARING) ITEM BEFORE COMMISSION This ordinance is before Commission for second reading and second public hearing to consider acity- initiated amendment to the Land Development Regulations {LDR) by amending Section 4.3.3, "Special Requirements for Specific Uses", by enacting a new Subsection 4.3.3{ZZZ), "Transient Residential Uses", in order to establish prohibitions, exemptionslexceptions, waivers and penalties; amending Section 4.4.6, "Medium Density Residential {RM) District", to provide that "Transient Residential Uses", shall be allowed as permitted uses; and, amending Appendix "A," "Definitions", to provide far a definition of "Transient Residential Uses". BACKGROUND At the first reading on June 2, 2409, the Commission passed Ordinance No. 29-09. RECOMMENDATION Recommend approval of Ordinance No. 29-09 on second and final reading. http:f/miweb4011AgendaslBluesheet.aspx?ItemID=2326&MeetingID=211 71812{}09 Page 1 of 2 1VIE~ORA.NDITM TO: Mayor and City Commissioners FROM: PAUL DORLING, AICP, DIRECTOR PLANZ~~G AND ZONING MA,12.I~. MCDONNELL, AICP, ASST. DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: May 27, 2009 SUBJECT: AGENDA ITEM IO.H. -REGULAR OMMISSION MEETING OF JUNE 2, 2009 ORDINANCE N0.29-09 (FIRST READING/FIRST PUBLIC HEAR,II~tGI ITEM BEFORE COMMISSION Consideration of achy-initiated amendment to the Land Development Regulations (LDRs) that will establish prohibitions, exemptions, exceptions, waivers and penalties far transient residential uses; permit transient residential uses as principal uses in the RM-Medium Density Residential District; and will provide a definition of'transient residential uses'. BACKGROUND Transient Residential Uses will be prohibited in Single Family and Planned Residential Development zoning districts, but will be added as a permitted use in the Medium Density Residential (RM) districts. Those Transient Residential Uses that currently exist in Single Family and PRD zoning districts may continue until either the expiration of the current lease ar twelve (12) months after the effective date of this ordinance, whichever camel first. Exemptions are provided far Group and Community Residential Homes licensed by the State. If the ordinance creates an undue economic hardship it can be addressed through a waiver provision pursuant to LDR Section 2.4.7(8) with proper documentation or by requesting reasonable accommodations through LDR Section 2.4.7(G). Any property owner that leases, rents, licenses, subleases a single family residential dwelling unit within a single family zoning district mare than 6 times in any given year will be in violation of this ordinance. REVIEW BY OTHERS The text amendment was considered by the Planning and Zoning Board on May 18, 2009. The Board unanimously recanunended denial on a 5 to 0 vote {Glickstein and Dawd absent), by adopting the findings of fact and law contained in the staff report and finding that the amendment is inconsistent with http:11miweb041lAgendas181uesheet.aspx?IternID=2252&MeetingID=208 612312009 Page 2 of 2 the Comprehensive Plan and does not meet criteria set forth in Section 2.4.5(M) of the Land Development Regulations. RECOMMENDATION By motion, recommend approval on first reading Ordinance No. 29-09 for acity-initiated amendment to the Land Development Regulations, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. http:llrniweb001lAgendaslBluesheet.aspx?ItemID=22528~MeetingID=24$ 6!2312009 PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: MAY 18, 2049 AGENDA NO: V.D. AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS {LDR}, ENACTING A MEW SUBSECTION4.3.3{ZZ2:}, "TRANSIENT RESIDENTIAL USES", IN ORDER TO ESTABLISH PROHIBITIONS, EXEMPTIONSI EXCEPTIONS, WAIVERS, AND PENALTIES FOR SAME; AMENDING SECTION 4.4.6, "MEDIUM DENSITY RESIDENTIAL {RM} DISTRICT", SUBSECTION {B}, "PRINCIPAL USES AND STRUCTURES PERMITTED", IN ORDER TO PROVIDE THAT TRANSIENT RESIDENTIAL USES SHALL BE ALLOWED AS PERMITTED USES WITHIN THE {RM} DISTRICT; AMENDING APPENDIX "A", "DEFINITIONS", IN ORDER TO PROVIDE A DEFINITION OF "TRANSIENT RESIDENTIAL USES". ITEM BEFORE THE BOARD The item before the Board is to make a recommendation to the City Commission regarding acity- initiated amendment to Land Development Regulations (LDRs} that will establish prohibitions, exemptions, exceptions, waivers and penalties far transient residential uses; permit transient residential uses as principal uses in the RM-Medium Density Residential ©istrict; and will provide a definition of 'transient residential uses.' 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. BACKGROUND Concerns have been raised that allowing use of single family residential dwelling units for transient residential use elevates the use to one that has characteristic of anon-residential activity and is not considered incidental and subordinate to the primary purpose of the intended purpose of a 'dwelling.' The ordinance includes a new definition for Transient Residential Use which means a dwelling that is operated ar used in such a way that it has a turnover in occupancy of more than 6 times in any one year. Transient residential uses have caused the following impacts and concerns: • Transient residential uses often maximize occupancy causing increased pressure on infrastructure. ^ Transient residential uses can be incompatible with permanent and seasonal residential uses if not properly planned, controlled and regulated, • Rapid turnover in occupancy associated with transient residential uses can be a disruptive influence an the peaceful use and enjoyment of single family residential areas, ^ Transient residential uses can displace permanent single family residential dwellings and thus reduce the number of permanent residents in the City and cause a reduction in state revenue sharing funds necessary to support the services that influence the quality of life for residents, commercial interests, and visitors, Planning and Zoning Board Meeting, May 98, 2449 LDR Amendment -Transient Residential Uses ANALYSfS.4 Transient Residential Uses will be prohibited in Single Family and Planned Residential Development zoning districts, but will be added as a permitted use in the Medium Density Residential {RM) districts. Those Transient Residential Uses that currently exist in Single Family and PRD zoning districts may continue until either the expiration of the current lease or twelve {12) months after the effective date of this ordinance, whichever comes first. Exemptions are provided for Group and Community Residential Homes licensed by the State. If the ordinance creates an undue economic hardship it can be addressed through a waiver provision pursuant to LDR Section 2.4.7{B) with proper documentation ar by requesting reasonable accommodafians through LDR Section 2.4.7(G). . Any property owner that leases, rents, licenses, subleases a single family residential dwelling unit within a single family zoning district more than 6 times in any given year will be in violation of this ordinance. REQUIRED FINDINGS Comprehensive Plan Conformance LDR Section 2.4.5{M}{5} {Findings} requires that the City Commission make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. A review of the Comprehensive Plan identified the fallowing applicable ob jectiveslpolicies: C?biective A-4 Far those areas identified as "needing stabilization" on the Residential Neighborhood Categorization Map", the City shall take measures to prevent further decline {i.e. environmental impact,. police activity, traffic, building height and density), and to help move the neighborhood toward a classification of "stable= residential," without displacement of existing residents. Objective A-11 To assist residents of the City in maintaining and enhancing their neighborhood, the City, through public input and notification, shall take steps to ensure that modifications in and around the neighborhood do not lead to its decline, such as those described in the following policies. The proposed ordinance is consistent with the above-stated objectives. REVIEW BY C?THERS Courtesy Notices Courtesy notices were provided to the fallowing homeowner and civic associations: ^ Neighborhood Advisory Council Letters of objection and support, if any, wi8 be provided at the Planning and Zoning Board meeting. 2 Planning and Zoning Board Meeting, May 18, 2{}09 LDR Amendment -Transient Residential Uses ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations, enacting a new Subsection 4.3.3{ZZZ}, "Transient Residential Uses", in order to establish prohibitions, exemptions/ exceptions, waivers, and penalties for same; amending Section 4,4.6, "Medium Density Residential {RM) District", Subsection {b}, "Principal Uses and Structures Permitted", in order to provide that Transient Residential Uses shat! be allowed as permitted uses within the {RM} district; amending Appendix "A°, "Definitions", in order to provide a definition of "Transient Residential Uses, by adopting the findings of fact and !aw contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5{M) C. Move a recommendation of denial to the City Commission of the amendment to Land Development Regulations, enacting a new Subsection 4.3.3(ZZZ}, "Transient Residential Uses", in order to establish prohibitions, exemptions! exceptions, waivers, and penalties for same; amending Section 4.4.6, "Medium Density Residential {RM} District", Subsection (b}, "Principal Uses and Structures Permitted", in order to provide that Transient Residential Uses shall be allowed as permitted uses within the {RM} district; amending Appendix "A", "Definitions", in order to provide a definition of "Transient Residential Uses, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M) {motr`on to be made in the affirmativel. RECOMMENDED AGTION Recommend approval of the amendment to Land Development Regulations, enacting a new Subsection 4,3.3{ZZZ), "Transient Residential Uses", in order to establish prohibitions, exemptions! exceptions, waivers, and penalties far same; amending Section 4.4.6, "Medium Density Residential {RM} District", Subsection (b), "Principal Uses and Structures Permitted", in order to provide that Transient Residential Uses shall be allowed as permitted uses within the (RM) district; amending Appendix "A", "Definitions", in order to provide a definition of "Transient Residential Uses, by adapting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set Earth in LDR Section 2.4.5{M} Attachment: ^ Proposed Ordinance LDR-Transient Residential Uses-PZ8-5-18-09 3 ORDIN~?-NCE N0.29-09 AN ORDINANCE OF T'I~E CITY CO~~SSION OF TI-~ CITY OF DELT;AY BEACH, FLORIDA, ~!-~dIENDING SECTION 4.3.3, "SPECIFIC REQUIREMENTS FOR SPECIFIC USES", BY E NACTING A NE W SUBSECTION 4.3.3(ZZZ}, '"TRANSIENT RESIDENTIAL USES", IN ORDER TO ESTABLISH PROHIBITIONS, EXEMI''TIONSI EXCEPTIONS, WAIVERS, AND PENALTIES FOR SAME; AMENDING SECTION 4.4.6, "MEDIUM DENSITY RESIDENTIAL {I2M) DISTRICT", SUBSECTION (B}, "PRINCIPAL USES AND STRUCTURES PET1'~IITTED", IN ORDER TO PROVIDE THAT TRANSIENT RESIDENTIAL USES SFII~LL BE ALLOVITED AS PERMITTED USES WITHIN THE {RM} DISTRICT; ~?-IYIENDING APPENDIX "A", "DEFINITIONS", IN ORDER TO PROVIDE A DEFINITION OF 'T~SIENT RESIDENTIAL USES"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, A,ND AN EFFECTIVE DATE. WHEEREAS, the City Commission hereby finds and declares That the leasing, renting licensing subleasing or otherwise allov~ing in any mariner or form the use of single-fa~:nily residential duelling units for periods of less than t~n~lve (12} months with a t<zrrtover in occupancy mare often. than six {6} tunes per year to any person, entity or family, is a nonresidential. activity and is not consic~~red an accessary use customarily accessary and incidental and suborc~c~ate to the printery intended purpose of dwe]lings, Ste, Sr~uratz ~ City ~ Tr~zsure Islam, 21 FIaL.We+ekly Fed C11541(11th Cir. 2008); and WHEREAS, the Census Data collected by the U.S. Census Bureau in 2000 provides that the average family size is 2.87 people; and V1lI-jEREAS, transient residential uses often ma~on~ize occupancy causing increased lure on irtf rastructure, ir~clus~it~g: garbage, seer, water, and raa~~ways; and WI~F:EAS, transient residential uses can result in increased noise and traffic in single-fa~m~ily residential communities; and WHEREAS, unless regulations are placed on the amount and location of transient uses, such uses could overwhelm the non-ia:arn5~ent related single-family residential cornrnunity n~~.king the City of Delray Beach a less attractive place to reside; and V'JI-IEREAS, transient residential uses can lie incompat~le with permanent and seasonal residential uses if not properly plG~nncd, controlled and rE~gullated; and WHEREAS, the rapid turnover in occupancy associated tuith transient residential uses can be a di~~ruptive influence an the peaceful use and eryay~nertt of single family residential areas; and ~'JI~REAS, reserving land for single family residences preserves the character of neighborhoods, securing "zones ~~ltere family values, yx~uth values, and the blessings of quiet seclusion and clean air rriake the area a sanct<aary for people." Ste, City of E drrrnxis a Qxfi~rd Ham, 514 U.S. 725, 733115 S.Ck.1776,131 L.E d 2d 801 (199,0; and WHEREAS, Congress intended the FHA to "prohiibit die use of zoning regulations to limit the ability of the handicapped to live in the residence of their choice in fhe community, however, the FHA does not pre- empt or abolish a mtmicipality's power to regulate land use and pass zoning taws." Sr.~, J~~~ Q v City off` Bart Rrztor~ 511 F. Supp. 2d 1339 (S.D. Fla 200; and WI~REAS, transient residential. uses can displace pern~~znenk single family t~esidential dwellings and thus rye the number of pnnenk residents in the City and cause a reduction in stake revenue sharing funds necessary to support the services that influence the q~aallty of .life for residents, cornrr~xcial interests, and visitors to the City of Delray Be~:h; and WHEREAS, uncontrolled and imregulaked transient residential uses is found ko have a negative impact on the City of Delray Beach's economy, property values, law enforcement, traffic, safety, and the general health, safety, and welfare of the citizens of Delray Beach; and WI~REAS, the Stake of Florida has recognized that lenses, rentals, licenses, and subleases or otherwise allov,~ing in any manner the use of a residential dwelling unit far under twelve {12) months in duration is a transient use and is therefore taxed by the State of Florida at a rake of six (6) percent of the total rental arr~unt eharled; and V~l~REAS, the Stake of Florida regulates Group Homes and Community Residential Homes by X419.001, FTu. Sfat., which provides distance requirements of 1,000 feet between any home wath six (6) or fewer residents and zoning approval by local government of all horns w~.th seven {7) to fourteen (14) residents, which results in less of an unpack upon siing3e-family zoning districts due to the distance requirements; and WHEREAS, Group Homes and Community Residential. Homes statistically have reside~rts that have a turnover in occupancy of less than six (6) times per year; and WHEREAS, Assisked Living Facilities, which are licensed under Chapter 429, Ftu. Stat. skaflstically have residents that have a turnover in occupancy of less than six (6) tirr~ per year; and VU1-3EREAS, the Delray Beach Pl~~r~riing and Zoning Board has reviewed this ordinance and a duly noticed public hearing eras held before tl~e Pl~~r~riirig and Zoning Board on May 18, 2009, and said Board has recomcr~etre~d l of the chap to the Cityf`s Land Development Re;~lations n'i the n'-b'~tion of transient rental units by a vote of 5 to 0; and VV.E-IEREAS, the CityCommissian Ends that the anlinance is consistent with the City's Comprehensive Plan. QRD. NQ. 29-09 NQW, THEREFQRE, BE IT fJRDAINED BY THE QTY COMNIISSIC7N C7F THE QTY OF DELRAY BEACH, FLORIDA, AS F(JLL(7WS: tion 1. That the Land Deveopment Regulations of the City of D~iray Beach, Florida, Section 4.3.3, „Specific Requirerr~etits for Specvific Uses", Subsection 4.3.3(ZZZ}, `"Tra~r~sient Residential Uses", shall herebybe enacted to read as follows: ~ZZZ) TRANSIENT RESIDEI~TTIAL USE shall mean a dwelling float is operated or used in sc~h a way that it has a tlzmaver in occupancy of mare than. six (6l times in any ane 1 i mar ~) Transient Residential Uses are Prohibited in Single Family and Planned Residential Development Zoning Districts: All transient residential uses are prohibited in Sin e-Family and Planned Residential Devela~m~ent caning districts in order to preserve the residential character of single-family neigk~borhoads and minimi~P (2) ExceFtions/ExerinFtians: ~,) Existing transient residential uses in single-family and pl~-rnc-'d residential development zoning districts may continue tmtil the ex~airation of tl'te current first. Group Hones, andlor Assisted Living Facilities, which are licensed by the state (c} The real. property owners of the dwelling unit are exempt re~arclless of how much time the owners spend at the dwelling unit on a yearly basis. (3) Waiver for Undue Economic Hardship: In all instances where there is a claim of {a~ The amount paid for the prapea:ty, the date of purchase, and the parrm whom purchased: ORD. NC?. 29-09 The assessed value of the land and ' rovements thereon accordin to the two nwst recent assessments; ~c) Real estate taxes for the previous two gars; ~d) Annual debt service or mortgage payments, if any; for the previous two years; (e) All a~raisaLs if any obtained within the previous two years by the owner or a licant in connection with the financin or ownershi of the ro Lfl ~= listing of the ~ro=nerty for sale or rent, price asked, and offers received if (e) The annual gross income from the ~ro~erty for the previous two years, if an~ (h) The annual cash flow if an~ ,for the previous two years; ~) An a~licant may submit and the Director of the Neighborhood Services De~arhnent or his/her desi Zg~~ recfuire that an a~licant funvsh additional information relevant to the determination of any alleged undue economic hardshi~;and owner will submit a statement describing estimates which will be as accurate as are feasible. (4) Reasonable Accommodation: Reasonable Accommodations from this section maybe obtained ~wsuant to LDR Section 2.4.~G). (5) Penalties for Violations: The City adopts all enforcement methods, which include, but are not limited to, the issuance of a citation, summons, notice to wear in county court, arrest for violation of municipal ordinances, civil citations, injunction or any other enforcement method authorized by law including penalties as set forth in Section 10.99 of the Cit~s Code of Ordinances. AnyT~ert~y owner that leases, rents, licenses, ORD. N0.29-09 shall be in violation of this section {6) Severabilit~ Residential Uses". Section 2. That Section 4.4.6, „R~ditml Density Residential {Rlt~~} Districts", Subsection (B), "Principal Uses and Structures pentted", of the Land Development Re;~~latiorrs of the City of De]ray Beach, Florida, shall. be hereby ama~ded to read. as follows: {B} Principal Uses and Structures Permitted: The following tr,~es of use are allowed. within the {1~1V1) District as permitted use: {1} Single family detached dwellings. {2} Duplex siEructures. {3} Multiple family stnacttn~s. {4} An abused spouse residence with twelve {12} or fewer residents. (5) Group Hanes, Types 1 and 2, and Cortunxuvty Residential. Homes, puzsuant to restrictions set forth in Section 4.3.3{I). {C} Parking lots not assoaated with a use, put~ruartt to an adopted neighborhood or redevelopment plan. {~ Pocket parks. {$) Public educational facilities of The School District of Palm Beach County, prazsuant to the regulations set forth in Section 4.3.3(HI~. {9) As<aisted Living Facilities and Continuing Care Facilities. {1Q} Transient Residential. Use. Section That Appendix "A" /`Definitions", of the Land Developament Re~aulations of the City of Delray Beach Florida, shall hereby be amei--ded to read as follows: TRANSIENT RESIDENTIAL USE fihall mean a duelling that is operated or u~d in such a way that 5 ORD. NO.29-09 it has a turnover in occui~ncy of ~re tl lan six (6} times in any one 1~year, Section 4. That should any section or provision of this or~:tinance or any portion thereof, any paragraph, sentence, or ward be declared by a court of competent jurisdiction to be invalid, such decision shall not affect tk~e validity of the remainder hereof as a whole or part thereof other tl tan the part declared to be invalid. Section 5. That all or~~inances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 6. That this ordinance shall. become effective immediately upon its passage on second and final. reading PASSED AND ADOPTED in r#~g;ular session on second and final. reading on this the day of 2009. ATTEST MAYOR City Qerk First R~~cling Second Re; ~ ORD. NO.29-09 QRDINANCi: N0 30.09 0 0 ,~' m w 0 m E 0 `. m REGULATfC~N~ AND THE DC?DE t~F {}R~INANGES• The COy Comm~sian of the City of Delay Be~h, F[orfda, proposes to adopt the following ordl~iances;.. . .... :. QRDtNANCE Nt), 2'T419 . AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CCfY OF DELRAY BEACH, FLORIDA, BY AMENDING APPENDIX.°A", "DEFINI- TIONS", TO .PROVIDE AN UPDATED .DEFINITION 0l= FAMILY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. RDIN AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY 'BEACH; FLORIDA, AI41ENDiNG THE LAND . DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 4.3;3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES°, SUBSECTION {I}, "COMMUNITY RESIDENTIAL HOMESAND GROUP HOMES"; TO UPDATE'fHE SECTION TO COMPORT WITH CHANGES INSTATE LAW; PROVIDING A SAVI NG CLAUSE, A GENERAL REPEALER CLAUSE, ANDAN EFFECTIVE DATE. ORDtNq_NCE NQ; 9~~09 .:::..:::.: ,. . AN ORDINANCE C}f THE Ct'fY COMMISSION OF'fHE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.3.3, "SPECIFIC REQUIREMENTS FOR SPECIFIC USES", BY ENACTING A NEtN SUBSECTION 4.3,3(ZZZj, 'TRANSIENT RESIDENTIAL USES ; IN. ORDER TO ESTABLISH PROHI81- TIONS; EXEMPTIONSlEXCEPI'IONS, WAIVERS, AND PENALTIES FOR SAME, AMENDING SEGTIOId 4.4.6, °MEDIUM DENSITY RESIDENTIAL {RM}'' DISTRICT", SUBSECTION {8}, PRINCIPAL USES AND STRUCTURES PERMITTED", IN :ORDER TO PROVIDE THAT TRANSIENT RESIDENTIAL USES SHALL BE ALLOWED AS PERMITTED USES 4VfTH1N THE {RM} DISTRICT; AMENDING APPENDIX A", "DEFINITIONS", IN ORDER TO PROVIDE A DEFINITION OF' "TRANSIENT RESIDENTIAL USES"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. Ah1 ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 197, "LANDLORD PERMITS°~ OF THE CODE OF ORDINANCES OE' THE' CITY OF. DELRAY BEACH, BY AMENDING SECTION 117.0.1, "PERMIT. REQUIRED", TO CLARIFY WHIN A PERMIT lS REQUIRED; AMENDING SECTION 117,03, °APPROUAL OF AppL(CATiON°;. TO.,PROVIDE ADDITIONAL REQUIRE- MENTS AMENDi1~lG SECTION 197.04; "APPEALS°, BY RENAMING IT "DENIAL OR REVOCATION OF PERMIT APPLiGAT10N,•; APPF..ALS";..'AND. AMENDING. SECTION 117.05; °•INSPECTtON"; TO PROVIDE: I'OR 11~SPEG1'ION WITH A WARRANT; ENACTING A NEW SECl'ION 197.06, "TENANTrOCCUPANT. 'EVICTION", TO ENSURE NOTIG~ i" ..;AND DUE PROCESS R(GHTS ARE FOLLOWED OR AITEFt- NATE HOUSING iS PROVIDED; AND ENACTING A NEW SECTION 117.07, "SEVERABILITY", TO PROVIDE .FOR SEVERABILTfY; PROVIDING, A SAVING CLAUSE, A GENERAL REPEALER CLAUSI=, AND AN EFFECTIVE DATE: The Gty Co~rtrriiss'bn will conduct'iwo (2} Public Hearings for the purpose of accepting public `testimony regarding the proposed ordinances. The first Public taearing wi8'be held on 1~1~SDAY JUNi,,,~ 09 AT 7'4t} P M in the Commission Chambers at City Hall, 100 N.W, 1st Avenue; Defray Beach, Florida. If the fxsoposed ordinances are passed on first reading, a second Putillc Hearing v~ill be held on TUESDAY. JULY 7, 2009 AT 7:00 RM. {or ak any cantlnuation a( sucfi meeting whidt is set by the Commission} In the Commission Chambers at Clty HalI,100 N,W.1stAvenue, Delray Beach, Florida. Alt interested citizens are invited to attend the public hearings d comrrs3n# upon the proposed ordinance or submit their comments to writing on or before the date of these hearings to itte Planning and Zoning Department. For further information or to obtain a Dopy of the proposed ordinance, please contact the Planning arrd Zoning Department, City, Hall, 100 N.W. ist Avenue, Delray Beach, Florida ~ 3x1444 {email. at pzmail~mydelraytx3ach.ccsn} ar by ca0ing 561!243-7040}, between the hours a# 8.00 a,m. and 5:Q0 p.m:, Monday through Friday, excluding holidays. '. Please be advised chat If a person decides to appeal any decision made by the City Commission with respect io any matter considered at these hearings, such person may need to ensure that a verbatim record indudas the testimony and evidence upon which the appeal Is to be based. The City does not provide nor prepare such record pursuaritto F.S. 286,0105, CITY OF DELRAY BEACH Chevelle D, Nubin, CMG City Clem{ PUBLISH: Tuesday,141ay 26, 2009: Thursday, July 2, 2~.1 Delray BeachlBoca Raton News:'.