Ord 03-12MEMORANDUM
TO:Mayor and City Commissioners
FROM:David T. Harden, City Manager
DATE:February 10, 2012
SUBJECT:AGENDA ITEM 10.A. - REGULAR COMMISSION MEETING OF FEBRUARY 21, 2012
ORDINANCE NO. 03 -12 (SECOND READING/SEC OND PUBLIC HEARING)
ITEM BEFORE COMMISSION
This ordinance is before Commission for second reading and public hearing to the Land Development
Regulations (LDR), amending Section 4.3.3, “Specific Requirements for Specific Uses”, b y amending
Subsection 4.3.3(ZZZ), “Transient Residentia l Use”, in order to clarify prohibitions,
exemptions/exceptions, waivers, and penalties for same; amending Appendix “A”, “Definitions”, in
order to amend the definition of “Transient Residential Use”.
BACKGROUND
At the first reading on February 7, 2012, the Commission passed Ordinance No. 03-12.
RECOMMENDATION
Recommend approval of Ordinance No. 03-12 on second and final reading.
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ORDINANCE NO. 03-12
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4.3.3, “SPE CIFIC
REQUIREMENTS FOR SPECIFIC USES”, BY AMENDING
SUBSECTION 4.3.3(ZZZ), “TRANSIENT RESIDENTIAL USE”, IN
ORDER TO CLARIFY PROHIBITIONS, EXEMPTIONS/
EXCEPTIONS, WAIVERS, AND PENALTIES FOR SAME; AMENDI NG
APPENDIX “A”, “DEFINITIONS”, IN ORDER TO AMEND THE
DEFINITION OF “TRANSIENT RESIDENTIAL USE”; PROVIDIN G A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the City Commission hereby finds and decl ares that the leasing, renting, licensing,
subleasing or otherwise allowing in any manner or f orm the use of single-family residential dwelling u nits for
periods of less than twelve (12) months with a turn over in occupancy more often than three (3) times p er year
to any person, entity or family, is a non-residenti al activity and is not considered an accessory use customarily
accessory and incidental and subordinate to the pri mary intended purpose of dwellings, See, Schwarz v. City of
Treasure Island , 21 Fla.L.Weekly Fed. C11541 (11th Cir. 2008); and
WHEREAS, the Census Data collected by the U.S. Cen sus Bureau in 2010 provides that the average
family size is 2.24 people in the City of Delray Beach; and
WHEREAS, transient residential uses often maximize occupancy causing increased pressure on
infrastructure, including: garbage, sewer, water, r oadways, and utilities; code enforcement, law enfor cement, fire
protection and inspection services; and
WHEREAS, transient residential uses can result in increased noise and traffic in single-family reside ntial
communities; and
WHEREAS, unless regulations are placed on the amou nt and location of transient uses, such uses could
overwhelm the non-transient related single-family r esidential community making the City of Delray Beac h a less
attractive place to reside; and
WHEREAS, transient residential uses can be incompa tible with permanent and seasonal residential uses
if not properly planned, controlled and regulated; and
WHEREAS, the rapid turnover in occupancy associate d with transient residential uses can be a
disruptive influence on the peaceful use and enjoyment of si ngle family residential areas; and
WHEREAS, reserving land for single family residenc es preserves the character of neighborhoods,
securing “zones where family values, youth values, and the blessings of quiet seclusion and clean air make the
2 ORD. NO. 03-12
area a sanctuary for people.” See, City of Edmonds v. Oxford House , 514 U.S. 725, 733 115 S.Ct. 1776, 131 L.Ed. 2d
801 (1995); and
WHEREAS, Congress intended the FHA to “prohibit th e use of zoning regulations to limit the ability
of the handicapped to live in the residence of thei r choice in the community; however, the FHA does no t pre-
empt or abolish a municipality’s power to regulate land use and pass zoning laws.” See, Jeffrey O. v. City of Boca
Raton , 511 F. Supp. 2d 1339 (S.D. Fla. 2007); and
WHEREAS, transient residential uses can displace p ermanent single family residential dwellings and
thus reduce the number of permanent residents in th e City and cause a reduction in state revenue shari ng funds
necessary to support the services that influence the qual ity of life for residents, commercial interests, and visito rs
to the City of Delray Beach; and
WHEREAS, uncontrolled and unregulated transient re sidential uses is found to have a negative impact
on the City of Delray Beach’s economy, property val ues, law enforcement, traffic, safety, and the gene ral health,
safety, and welfare of the citizens of Delray Beach; and
WHEREAS, the State of Florida has recognized that leases, rentals, licenses, subleases, and assignmen ts
or otherwise allowing in any manner the use of a res idential dwelling unit for under six (6) 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 tota l rental amount
charged; and
WHEREAS, the Delray Beach Planning and Zoning Boar d has reviewed this ordinance and a duly
noticed public hearing was held before the Planning and Zoning Board on December 19, 2011, and said Bo ard
has recommended adoption of the changes to the City ’s Land Development Regulations regarding the
regulation of transient rental units by a vote of 6 to 0 ; and
WHEREAS, the City Commission and the Planning and Zoning Board both find that the ordinance is
consistent with the City’s Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISS ION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1 . That the Land Development Regulations of the City of Delray Beach, Florida, Section
4.3.3, “Specific Requirements for Specific Uses”, S ubsection 4.3.3(ZZZ), “Transient Residential Uses”, shall
hereby be amended to read as follows:
(ZZZ) TRANSIENT RESIDENTIAL USE shall mean a The entire dwelling unit or any part
thereof, which is located in Single Family or Planned Reside ntial Development Zoning Districts that and
is operated or used in such a way that it has a any part of the dwelling unit turns over in occupancy of
more often than six (6) three (3) times in any one (1) year shall be presumed to be a Transient
Residential Use and therefore prohibited. An entire dwelli ng unit or any part thereof, which is located in
Medium Density Residential (RM) Zoning Districts an d is operated or used in such a way that any part
3 ORD. NO. 03-12
of the entire dwelling unit turns over occupancy mo re often than six (6) times in any one (1) year sha ll
be presumed to be a Transient Residential Use and therefore p rohibited.
(1 ) Transient Residential Uses are Prohibited in Single Family a nd Planned
Residential Development Zoning Districts: A ll transient residential uses are prohibited in S ingle -
F amily and Planned Residential Development zoning districts in order to preserve the residenti al
character of single -family neighborhoods and mini mize the impact of transient uses on permanent
single -family land uses. Transient Residential Uses are p ermitted uses in Medium Density Residential
(RM) Districts.
(2 ) (1) Exceptions/Exemptions:
(a) Existing transient residential uses with a turnover mo re often than three (3) times
per year but not exceeding six (6) times per year in single-family and planned
residential development zoning districts may contin ue until the expiration of the
current lease agreement between an existing occupant and the r eal property
owner or twelve (12) months after the effective date of thi s ordinance, whichever
occurs first .
(b) The leasing, renting, licensing, subleasing or otherwise allowing in any manner or
form the use of a single-family dwelling unit for C ommunity Residential and
Group Homes which are licensed by the state are exempt.
(c) The real property owners of the dwelling unit a nd their family are exempt
regardless of how much time the owners and family spend at the dwelling unit
on a yearly basis.
(3 ) (2) Waiver for Undue Economic Hardship : In all instances where there is a claim of
undue economic hardship, the property owner may be granted a waiver from Section 4.3.3(ZZZ) after
submission of waiver request to the City’s Communit y Improvement Director or his/her designee
including the following documentation:
(a) The amount paid for the property, the date of p urchase, and the party from
whom purchased;
(b) The assessed value of the land and improvements thereon, according to the two
most recent assessments;
(c) Real estate taxes for the previous two years;
(d) Annual debt service or mortgage payments, if any, for th e previous two years;
4 ORD. NO. 03-12
(e) All appraisals, if any, obtained within the pre vious two years by the owner or
applicant in connection with the purchase, financin g, or ownership of the
property;
(f) Any listing of the property for sale or rent, p rice asked, and offers received, if
any;
(g) The annual gross income from the property for the previo us two years, if any;
(h) The annual cash flow, if any, for the previous two years;
(i) An applicant may submit and the Community Impro vement Director of the
Neighborhood Services Department or his/her designee may require that an
applicant furnish additional information relevant t o the determination of any
alleged undue economic hardship; and
(j) In the event that any of the required informati on is not reasonably available to
the property owner and cannot be obtained by the pr operty owner, the property
owner shall file statement of the information which cannot be obtained and the
reasons why such information cannot be reasonably o btained. Where such
unobtainable information concerns required financia l information, the property
owner will submit a statement describing estimates which will be as accurate as
are feasible.
(4) (3) Reasonable Accommodation : Reasonable Accommodations from this section may be
obtained pursuant to LDR Section 2.4.7(G).
(5 ) (4) Penalties for Violations : The City adopts all enforcement methods, which i nclude, but
are not limited to, the issuance of a citation, sum mons, notice to appear 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 City’s Code of Ordinances.
Any property owner that leases, rents, licenses, su bleases, or otherwise allows in any manner or form t he
use of a single -family residential an entire dwelling unit within a single-family zoning or planned
residential development zoning district for a period of less than twelve (12) mon ths with a turnover in
occupancy of any part of the dwelling unit more often than six (6) three (3) times in any one (1) per year
shall be in violation of this section as well as those entire dwelling units that are lo cated within Medium
Density Residential (RM) Zoning Districts with a tu rnover in occupancy of any part of the dwelling uni t
more often than six (6) times in any one (1) year shall be in vio lation of this section .
(6) (5) Severability :
(a) Generally . If any part, section, subsection, paragraph, sub paragraph, sentence,
phrase, clause, term, or word of Section 4.3.3(ZZZ) is declared unconstitutional
5 ORD. NO. 03-12
by the valid judgment or decree of any court of com petent jurisdiction, the
declaration of such unconstitutionality shall not a ffect the remainder of Section
4.3.3(ZZZ), “Transient Residential Uses”.
(b) If the entire Section 4.3.3(ZZZ) is declared un constitutional by the valid
judgment or decree of any court of competent jurisd iction, the earlier version of
this section adopted by the City Commission on July 7, 2009 as Ordinance 29-09
shall be substituted herein and shall be deemed to be in full f orce and effect.
Section 2 . That Appendix “A”, “Definitions”, of the Land Dev elopment Regulations of the City
of Delray Beach, Florida, shall hereby be amended to read as follows:
TRANSIENT RESIDENTIAL USE shall mean a the entire dwelling unit or any part thereof, that i s
which is located in Single Family or Planned Reside ntial Development Zoning Districts and is operated
or used in such a way that any part of the dwelling u nit turns over turnover in occupancy of more often
than six (6) three (3) times in any one (1) year and the entire dwelling unit or any part thereof, which is
located in Medium Density Residential (RM) Zoning D istricts and is operated or used in such a way
that any part thereof turns over occupancy more often than si x (6) times in any one (1) year .
Section 3. That should any section or provision of this ordi nance or any portion thereof, any
paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such deci sion shall
not affect the validity of the remainder hereof as a whole or part thereof other than the part declare d to be
invalid.
Section 4. That all ordinances or parts of ordinances in con flict herewith be, and the same are
hereby repealed.
Section 5 . That this ordinance shall become effective immed iately upon its passage on second and
final reading.
6 ORD. NO. 03-12
PASSED AND ADOPTED in regular session on second and final reading on this the _____ day of
___________________, 2012.
____________________________________
ATTEST M A Y O R
_______________________________
City Clerk
First Reading__________________
Second Reading________________
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Paul Dorling, AICP, Director of Planning and Zoning
THROUGH:City Manager
DATE:February 1, 2012
SUBJECT:AGENDA ITEM 10.A. - REGULAR COMMISSION MEETING OF FEBRUARY 7, 2012
ORDINANCE NO. 03 -12 (FIRST READING/FIRST PUBLIC HEARING)
ITEM BEFORE COMMISSION
Approval of a city-initiated amendment to the Land Development Regulations (LDRs ) that will amend
prohibitions, exemptions/exceptions, waivers and penaltie s for transient residential uses; and will amend
the definition of “transie nt residential uses”.
BACKGROUND
Concerns have been raised that allowing the use of single family residential dwelling units for t ransient
residential use elevates the use to one that has ch aracteristics of a non-residential activity and is not
considered incidental and subordinate to the primary purpose of a “single family dwelling”.
Transient residential uses have caused the following impacts and concerns:
* Transient residential uses often maximize occupa ncy causing increased pressure on infrastructure.
* Rapid turnover in occupancy associated with transi ent residential uses can be a disruptive influence on
the peaceful use and enjoyment of single family residential areas.
* Transient residential uses can displace permanent single family residential dwelli ngs 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 th e quality of life for residents, commercial interests,
and visitors.
In July of 2009, an Ordinance was passed (Ordinan ce No. 29-09), which incl uded a new definition for
Transient Residential Use, defining it as a dwelling unit that is operated or used i n such a way that it has
a turnover in occupancy of more than 6 times in any one year. While a consensus was ultimately
reached by the City Commission that a turnover rate of six times a year would be adequate to retain
neighborhood stability within the Single Family and PRD districts, two and a half years a fter
implementation of the Ordinance No. 29-09, reconsider ation of this threshold is now being considered.
Further, additional clarification is being provided as to how the turnover rates apply to multiple leases
or multiple tenants within a single dwelling unit.
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The existing Transient Residential Use definition includes those dwelling units in both single family
and multi-family zoning districts which have a turnover rate of more than six (6) times per year. This
definition is being modified to include dwelling units that turn over in occupancy more than three (3)
times a year in single family and PRD zoning districts. The definition is being further modified to
clarify that the turnover rate refers to the entire dwelling unit or any part thereof, regardless of how it is
segmented.
Those Transient Residential Uses th at may exist by virtue of the defi nition change in Single Family and
PRD zoning districts are allowed to continue for twelve (12) months after the effective date of the
Ordinance.
Any property owner that leases, rents, licenses, or subleases a single family residential dwe lling unit
within a single family zoning district more than thr ee (3) times in any given year or a dwelling unit in
the RM zoning district more than six (6) times in any given year will be in violation of this ordinance.
The attached ordinance clarifies prohibitions, exemptions/exceptions, and waivers and penalties for
transient residential uses along with modifying the ex isting definition of transient residential uses to
limit occupancy turnover to no more than three (3) times pe r year for any dwelling or any part thereof.
REVIEW BY OTHERS
The Planning and Zoning Board reviewed the item at their December 19, 2011 meeting and
recommended approval subject to conditions on a 7-0 vote. These conditions included changing
references in the whereas clauses to the “2010 Census ” and clarifying that the ordinance applied to a
dwelling unit or any part thereof. The Board also recommended lowering the allowed turnover rate from
three times a year to two times a year. The first two conditions have been incorporated into the
Ordinance before the Commission.
RECOMMENDATION
By motion, approve Ordinance No. 3-12 of the amendment to Land Development Regulations,
modifying Subsection 4.3.3(ZZZ), “Transient Reside ntial Uses”, in order to clarify prohibitions,
exemptions/exceptions, waivers, and penalties for sa me; and amending Appendix “A”, “Definitions”, in
order to amend the definition of “Transient Reside ntial Uses, by adopting the findings of fact and law
contained in the staff report, and finding that the text amendment and approval thereof is consist ent with
the Comprehensive Plan and meets the crite ria set forth in LDR Section 2.4.5(M).
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Memo
Date: February 21, 2012
To: Paul Dorling, Planning Director, City of Delray Beach
From: Marie L. York, Planner, Fellow of the American Institute of Certified Planners
Subject: Planning Issues Regarding Regulation of Transient Uses in Single-Family Neighborhoods
In reviewing the City of Delray ’sAplanningAandArelatedA documents, it is evident t hatAtheACity’sAcurrentA
policies call for practices that ensure a high quality of life, strongly emphasizes the stability of residential
neighborhoods and encourages the development of permanent residential areas. Those commitments
match the intent of managing and limiting transient uses to reasonable levels in those neighborhoods.
I. Introduction
For decades the City of Delray Beach has had a strong commitment to creating a vision and plan for its
future, having reinvented itself into a vibrant and viable community by building upon its assets and
inspiring residents to be stakeholders in the planning process. The result is an enviable and successful
record of growing into a City recognized nationally for its high quality of life, unique character, sense of
community and sound planning.
Much of the groundwork was laid by holding several American Assemblies, in which a broad cross-
sectionAofAcitizensAandAstakeholdersAaddressedAtheACity’sAfutureAandAinAturnAcreatedAguidingAdocumentsA
forAredevelopment,AdevelopmentAandAreinvigoration.AATheACity’sAComprehensiveAPlanApresentsAtheAgoals,A
objectives, and pol iciesAforAfulfillingAonAthatAvision.A dditionally,AtheACity’sAotherAplanningAdocumentsA
such as the 2002 Downtown Delray Beach Master Plan, speak to the citizens vision for the growth and
unification of Delray Beach, while stillAretainingAtheA“villageAby -th e-sea”Acharacter and even calling for
design guidelines to retain that image. The point is that the City has a strong process in place that
expresses a commitment to sound planning overall, stability of residential neighborhoods, and as it
relates to those residential neighborhoods, a solid record of supporting and engaging their permanent
residents.
Residents living in theACity’sAsingleAfamilyAresidentialA neighborhoods have a reasonable expectation of a
single family lifestyle. A high turnover rate of transient uses within such neighborhoods is generally
inconsistent with that reasonable expectation and with the designated land use.
II. Comprehensive Plan
TheACity’sAComprehensiveAPlanAhasAtwoAelementsAthatAspecificallyAaddressA residential neighborhoods and
housing issues —the Future Land Use Element and the Housing Element .
TheAFutureALandAUseAElementAreflectsAtheACity’sAfocusAonAsustainingAandAenhancingAtheAexist ing quality of
life, as stated in several objectives and policies. A few excerpts of those are listed below:
Additional Information for Item 10.A.
“ sAtheACityAhasAanAampleAsupplyAofAhousingAdesignedAtoAaccommodateAitsAseasonalAandA
retirement population, new residential developments shall be designed for a balanced
demographic mix of permanent year-round residents .” (Policy A-1.5)
“ToAreduce,A and eventually eliminate, uses that are inconsistent with predominant adjacent land
uses,AandAtoAinsureAcompatibilityAofAfutureAdevelopment:.” (Objective A-2 )
“TheAremainingAgrowthAofAtheAcommunityA shall occur in a manner where new development and
redevelopmentAwillAbeAserviceableAandAitAwillAnotAimpedeAtheAcommunity’sAabilityAtoA
accommodate future growth or detract from its current quality of life.” (GoalA reaA“B”)
The Downtown Delray Beach Master Plan represents the citizens ’ vision for the growth and
unification of Delray Beach, while stillAretainingAtheA“villageAby -the-sea ” character of the Central
Business District (CBD), and calls for a codification of design guidelines within the Land
Development Regulations . (Policy C-3.2)
The Housing Element, more specifically, focuses on residential neighborhoods. In the overarching Goal
for reaA“ ”AtheAgoalAis…A“To maintain a safe and adequate supply of housing for all income levels and to
preserve existing stable neighborhoods, stabilize and enhance neighborhoods that are in transition, and
restore and rehabilitate neighborhoods that have declined.”ATheAfulfillmentAofAtheAgoalsAinAtheAHous ing
Element is reflected in numerous statements within the Comprehensive Plan. Excerpts are listed below,
divided into the categories of “commitmentsAtoAneighborhoodAstability”AandA“citizenAoutreachAtoA
neighborhoods.”
Commitments to neighborhood stability
ForAthoseAareasAidentifiedAasA“stableAresidential”AonAtheAResidentialANeighborhoodA
Categorization Map, the City shall implement policiesAtoAensureAthatAtheyAremainA“stableA
residential”AandAdoAnotAdecline . (Objective A-3)
F orAthoseA“needingAstabilization”AtheACityAshallAtakeAmeasure s to prevent further decline.
(Objective A-4)
The Strategic Task Team Neighborhood Action Plan is a comprehensive evaluation of the
physical and social characteristics of the neighborhood which have an effect on the quality of
life of its residents. (Policy A-5.5)
The City shall work to upgrade substandard housing conditio ns . (Objective A-7)
Funding is to be provided for rehabilitation of the exteriors of owner-occupied units.
(Policy A-7.3)
“ToAassistAresidentsAofAtheACityAinAmaintainingAandAenhancingAtheirAneighborhood,AtheACity:shallA
take steps to ensure that modifications in and around the neighborhood do not lead to its
decline:.” (Objective A-11)
InAevaluatingAdevelopmentAproposalsAtheACityAshallAconsiderA“theAeffectAthatAtheAproposalAwillA
have on the stability of nearby neighborhoods.”A(PolicyA -11.3)
The City will provide planning and technical assistance to implement neighborhood-supported
initiatives aimed at preserving the character of existing residential areas. (Policy A-11.4)
Additional Information for Item 10.A.
Citizen outreach to neighborhoods
Courtesy notices are to be sent to representatives of homeowner and neighborhood
associations of upcoming meetings regarding land use and development. (Policy A-1.3)
Annual town hall meetings are to be held to provide a report to citizens of progress made in
achieving the goals and objectives of the Comprehensive Plan and to garner input. (P olicy A-1.4)
Residents are to have access to Neighborhood Resource Centers which provide services to
enhance neighborhood and enrich quality of life. “TheANRCAshallAprovideAtechnicalAassistanceAtoA
residential neighborhood associations and work to promote a sense of community throughout
the City .”A (Policy A-1.5)
The City is to maintain regular personal contact with the representatives of associations at least
quarterly by creating a liaison with the City to resolve matters of concern to a neighborhood.
(Policy A-4.2)
III. Compatibility Issues
People who own their own homes have a stake in the property, its attractiveness and its value. Such
homeowner-occupied housing contributes to the stability of a neighborhood. Also, given that real estate
by nature is a very illiquid asset, owner-occupied housing contributes to a neighborhood ’s stability .
High turnover rates of rental units within owner-occupied residential areas can change the character of
a neighborhood. The neighborhood becomes different, for short term renter occupants seldom share
that sense of stewardship. Rentals units are an important asset within each community —the correct
location is the key. Thus, high turnover transient rentals within single family residential neighborhoods ,
whose permanent residents have a reasonable expectation of a single family lifestyle and a sense of
community, can undermine neighborhood stability and become an inconsistent land use and subvert the
underlying zoning scheme. Therefore,AtheACity’sAlogicAinAreducingAtheAnumberAofAacceptableAturnoversAforA
transient residents from six to three fits with their intent to retain and support the single family lifestyle
and will enhance the stability of single family neighborhoods.
Additional Information for Item 10.A.