Ord 40-12ORDINANCE NO. 40-12
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
SECTION 4.3.3, "SPECIFIC 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; AMENDING
APPENDIX "A ", "DEFINITIONS ", IN ORDER TO AMEND
THE DEFINITION OF "TRANSIENT RESIDENTIAL USE ";
AMENDING SUBSECTION 4.4.6(B), "PRINCIPAL USES AND
STRUCTURES PERMITTED ", TO REMOVE - TRANSIENT
RESIDENTIAL USE AS A PRINCIPAL USE; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE 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 for periods of less than twelve (12) months with a turnover in occupancy more often
than three (3) times per year to any person, entity or family, is a non - residential activity and is not
considered an accessory use customarily accessory and incidental and subordinate to the primary
intended purpose of dwellings, See, Scbwar.Z v. City of Treasure Island, 21 F1a.L.Weekly Fed. C11541
(11th Cit. 2008); and
WHEREAS, the Census Data collected by the U.S. Census 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, roadways, and utilities; code enforcement, law
enforcement, fire protection and inspection services; and
WHEREAS, transient residential uses can result in increased noise and traffic in single - family
residential 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 residential community making the City
of Delray Beach a less attractive place to reside; and
WHEREAS, 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 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 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, Jeftey O. v. City of Boca Baton, 511 F. Supp. 2d 1339 (S.D. Fla. 2007); and
WHEREAS, 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 to the City of Delray Beach; and
WHEREAS, 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, subleases, and
assignments or otherwise allowing in any manner the use of a residential 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 total rental amount charged; 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 on September 24, 2012,
and said Board has recommended adoption of the changes to the City's Land Development
Regulations regarding the regulation of transient rental units by a vote of 7 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 CONMSSION 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 ", Subsection 4.3.3(ZZZ), "Transient
Residential Uses ", shall hereby be amended to read as follows:
ORD. NO. 40 -12
(ZZZ) TRANSIENT RESIDENTIAL USE . The entire dwelling unit or any part
thereof, which is located in Single Family, Rural Residential, or Planned Residential
Development Zoning Districts and is operated or used in such a way that any part of the
dwelling unit turns over occupancy more often than three (3) times in any one (1) year shall
be presumed to be a Transient Residential Use and therefore prohibited. An entire dwelling
unit or any part thereof, which is located in Low Density Residential (RI,) or Medium Density
Residential (RM) Zoning Districts and is operated or used in such a way that any part of the
entire dwelling unit turns over occupancy more often than six (6) times in any one (1) year
shall be presumed to be a Transient Residential Use and therefore prohibited.
(1) Exceptions /Exemptions:
(a) Existing transient residential uses with a turnover more often than
three (3) times per year but not exceeding six (6) times per year in
single - family, rural residential, and planned residential development
zoning districts may continue until twelve (12) months after the
effective date of this ordinance 03 -12.
(b) The leasing, renting, licensing, subleasing or otherwise allowing in any
manner or form the use of a single - family dwelling unit for
Community Residential and Group Homes which are licensed by the
state are exempt.
(c) The real property owners of the dwelling unit and their family are
exempt regardless of how much time the owners and family spend at
the dwelling unit on a yearly basis.
(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 Community Improvement
Director or his /her designee .
(a1 All waivers requests shall include the following documentation:
{a� 1. The amount paid for the property, the date of purchase, and
the party from whom purchased;
kh� 2. The assessed value of the land and improvements thereon,
according to the two most recent assessments;
(e} 3. Real estate taxes for the previous two years;
ORD. NO. 40 -12
{�} 4. Annual debt service or mortgage payments, if any, for the
previous two years;
�e) 5. All appraisals, if any, obtained within the previous two years
by the owner or applicant in connection with the purchase,
financing, or ownership of the property;
Any listing of the property for sale or rent, price asked, and
offers received, if any;
The annual gross income from the property for the previous
two years, if any;
8. The annual cash flow, if any, for the previous two years;
{i} 9. An applicant may submit and the Community Improvement
Director or his /her designee may require that an applicant
furnish additional information relevant to the determination of
any alleged undue economic hardship; and
{} 10. In the event that any of the required information is not
reasonably available to the property owner and cannot be
obtained by the property owner, the property owner shall file
statement of the information which cannot be obtained and
dze reasons why such information cannot be reasonably
obtained. Where such unobtainable information concerns
required financial information, the property, owner will submit
a statement describing estimates which will be as accurate as
are feasible.
(bl Notice of Proposed Decision. The City's Community
Improvement Director, or his/her designee, shall have the authority
to consider and act on waivers for undue economic hardship under
this section. When a waiver has been requested, the Citds
Community Improvement Director, or his /her designee, shall issue _a
written determination within forty -five (45) days of the date of receipt
of all required documentation and may,, (1) grant the waiver request,
(2) grant a portion of the request and deny a portion of the request,
and /or =pose conditions upon the grant of the request, or 3) deny
the request. Any such denial shall be in writing and shall state the
gtounds therefore. All written determinations shall give notice of the
right to appeal. The notice of determination shall be sent to the
4 ORD. NO. 40 -12
requesting batty by certified mail, return receipt requested. If
reasonably necessary to reach a determination on the request for
reasonable accommodation. the City's Community Improvement
Director, or his /her designee, may, prior to the end of said forty -five
j45Ly period, request additional information from the requesting
party, specifying in sufficient detail what in£o=ation is required. The
requesting party, shall have fifteen (15) days after the date of the
request for additional information to provide the requested
information. In the event a request for additional information is
made, the forty -five (4 day period to issue a written determination
shall no longer be applicable, and the City's Community Improvement
Director. or his /her designee, shall issue a written determination
within thirty (3_ 0�) days after receipt of the additional information. If
the requesting- pparty fails to provide the requested additional
information within said fifteen (,15 day period. the City's Community
Immprovement Director, or his /her designee, shall issue a written
notice advising that the requesting party had failed to timely submit
the additional information and therefore the request for waiver shall
be deemed abandoned and /or withdrawn and no further action by the
City with regard to said wavier request shall be required.
(Tc1 Appeal. Within thirty (30) days after the Community Improvement
Director's, or his /her designee's, determination on a waiver request is
mailed to the requesting 12ar1y. such applicant may appeal the decision.
All appeals shall contain a statement containing sufficient detail of the
grounds for the appeal. Appeals shall be to the City Commission who
shall, after public notice and a public hearing, render a determination
as soon as reasonably_ practicable, but in no event later than sixty (60),
days after an appeal has been filed.
(3) Reasonable Accommodation: Reasonable Accommodations from this
section may be obtained pursuant to LDR Section 2.4.7(G).
(4) Penalties for Violations: The City adopts all enforcement methods, which
include, but are not limited to, the issuance of a citation, summons, 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, subleases,
or otherwise allows in any manner or form the use of an entire dwelling unit within a single -
family. rural residential. or planned residential development zoning district for a period of less
than twelve (12) months with a turnover in occupancy of any part of the dwelling unit more
often than three (3) times in any one (1) year as well as those entire dwelling units that are
ORD. NO. 40 -12
located within Low Density Residential (RL) or Medium Density Residential (RM) Zoning
Districts with a turnover in occupancy of any part of the dwelling unit more often than six (6)
times in any one (1) year shall be in violation of this section.
(5) Severability:
(a) Generally. If any part, section, subsection, paragraph, subparagraph,
sentence, phrase, clause, term, or word of Section 4.3.3(ZZZ) is
declared unconstitutional by the valid judgment or decree of any court
of competent jurisdiction, the declaration of such unconstitutionality
shall not affect the remainder of Section 4.3.3(ZZZ), "Transient
Residential Uses ".
(b) If the entire Section 4.3.3(ZZZ) is declared unconstitutional by the
valid judgment or decree of any court of competent jurisdiction, 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 force and effect.
Section 2. 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 the entire dwelling unit or any part thereof,
which is located in Single Family, Rural Residential, or Planned Residential Development
Zoning Districts and is operated or used in such a way that any part of the dwelling unit
turns over occupancy more often than three (3) times in any one (1) year and the entire
dwelling unit or any part thereof, which is located in Low Density Residential (RI.,) or
Medium Density Residential (RM) Zoning Districts and is operated or used in such a way
that any part thereof turns over occupancy more often than- six (6) times in any one (1) year.
Section 3. That Section 4.4.6, "Medium Density Residential (RM) District", Subsection
(B), "Principal Use and Structures Permitted ", of the Land Development Regulations of the City of
Delray Beach, Florida, shall hereby be amended to read as follows:
(B) Principal Uses and Structures Permitted: The following types of use are
allowed within the (RM) District as a 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.
ORD. NO. 40 -12
(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.
(44) 10 Residential Licensed Service Provider Facilities.
{},Nursing Homes within multi- family structures only.
f13 ,4 2),Community Gardens pursuant to regulations set forth in Section
4.3.3 (D).
Section 4. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder hereof as a whole or part thereof other
than the part declared to be invalid.
Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 6. That this ordinance shall become effective immediately upon its passage on
second and final reading.
\ PASSED AND ADOPTED in regular session on and and final rea ' g on this the
�1t day of , 2012.
ATTEST M A
City Clerk r�
First Readin \:i\-�L C
Second Readin
7 ORD. NO. 40 -12
THE•PAIM BEACH POST REAL NEWS• STAR TS.HEiiE....4:;Ai}��DAYOCTOBER8 ;;20TH
,..•M ." .
ELkAkB
:A6 Cify` CoM'I mission. a the City
Floricicl p�opsi " to`cirlopf tiie F
:.:`'ORb1NANCE NG:`
AN ORDIN;4IVE� QF:TfECITY'
4:3:_3 j� }:.•.. •:`7RaNSfEN'�:;`
CIA
PALM t3EAGti POST R�L NEWSE ?.f '_01�►fSk`F f)GTf,?R 31;b12
82::':. THE P ..
The Ci:y Com-mksion ot the City cc Delray hgec c h,
-: Florida, prOp05E5 to tid07` the OIIpVFIrICj r�P- dingnG2'
oitt)tNAtVCE
AK. QRDINANCE CAF THE CITY CCU 411h15SION OF
11 /L Vrtl 1: VI vL u. vL ice.. i, r. •�S."a.�....
SEGIIOI`t. 3 3;, "S PECIFIC REQUIRE_M6.4 -T
SI? gill. l=1C °; USES ", By AMENDINC>,
4:3fi), "fR.NS Gl�l? RCSIDEI`tTt�il I
I- 'oRDER 70 LARiFY .1
EXEMP`ffQNS% EXCEPTIONS, ERS,
tl'E ' AIM S "FOR SAME; AMENDING APPS
"i " "DfcFll`dITIO JS ", 1!N ORDER TO AfvtE f
l7fFll�CftlbN OF "TRANSIENT RESIDENTIAL IAL t
A(vtlETiDING SUBSECTION 4 bB,PRIN!
-. iJ.�CJFHIVIJ J I RV"I URGJ f CNY11 I I4..L! : -., r v RLly }VsvL;..�
TR/4NSIEW. ..RESIDENTfAL US`r_ AS -A PRINCIPE
USE i?ftE \ IDING A SAVING CLAUSE, A GENERAL
RE FIE ALER CL4USE, AND AN EFFECTIVE DATE<..
;ho City Corin7fsslon will conduct iwo (2) Wci.
#iearinc ;s `or +e purpose o' Gccepiing pum�
testimony agC ;rding ike Proposed ordinance
The fiist Public Hearing will be held- TUES. ti4Y:ss
W 0 B 7' r Vii,_ 2 012 AT, 7 00- P, m'tt eEommiss:orY'
Chairibers ct Gfy Ralf, �fOC? N`�: l;sfi .Avenue;;'
D lruy e :prop xeC
passdd on Sirsr readin , -a second #?t�filrc -iecring
welt:
ea on 7t1StiAY�iVEMBER ?� AT F
P.M: (or at any oniinuatton or such
tii K ts: set %y the Commissian) in the Com lssio:i
Ch Ci,/, Hali, 100 NL \N. 1 sf ,venue„
D�aj$each Florida. 4 �!
Ail Interested citizens are invited to mend ih2
public hearincis and com.ment uport the 'pr000�ecl
r
�rdrnance or subanit Their cornmerts In writing on
or:I7efore die c,a6a or `nese hcoT incgs to the Planning
and Zoning Depat-tmene. For fur °ker snforrnation or
v. to gpciin.a copy of the proposed ordinance, please ll
.:cxsnfdId the Planning anti Zoning Department, City a
N.W. ] st Ayenue, ` Delray Beach, Florid i .3.
3 .(eMCil at: email @rnvclelydX beach _com) or
i y' cat ing'
561/2M3'7040), between tka hours of
rir,a 5:00 �.rn- Monday'h-ough Friday,;'
P.xCFi d
in hol'edcys.
please be advised chat if `a person decidcs to
appeal anyaecision mcide hytreCj y Cc mrl scion
„with respect, to arty mat«r consiurorc at i esc
hearings, such Person mcay Peed to erIsuro tl ?rt
a yeti },atirn ;i ccld nclucfes the testimony and
evidencV upon. which the appoal is =o be bo lcL
:.TFie': rtydc es not proulde r or t� --epo! e such, record
�SUrsuanttoFS2�fr:�1��:, ;.
' P118[ISFli lv i E7ct ofsee'8 ®42 C i I Y OF DELMY.REAC i s
- :':- ::Viledistiufby't�ori`er3i�2a22 ' C'ie�al'% J, Nu6rn,MUAG':
Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM: David T. Harden, City Manager
DATE: October 29, 2012
Page 1 of 1
SUBJECT: AGENDA ITEM 11.A. - REGULAR COMMISSION MEETING OF NOVEMBER 6.2012
ORDINANCE NO. 40-12 (SECOND READING /SECOND PUBLIC HEARING)
ITEM BEFORE COMMISSION
This ordinance is before Commission for second reading and second public hearing to consider a city -
initiated amendment to the Land Development Regulations (LDR) Section 4.3.3 (ZZZ), "Transient
Residential Use ", in order to clarify prohibitions, exemptions /exceptions, waivers, and penalties; and
amending Appendix "A ", "Definitions ", in order to amend the definition of "Transient Residential
Use" and amending Subsection 4.4.6(b), "Principal Uses and Structures Permitted ", to remove transient
residential use as a principal use.
BACKGROUND
At the first reading on October 16, 2012, the Commission passed Ordinance No. 40 -12.
RECOMMENDATION
Recommend approval of Ordinance No. 40 -12 on second and final reading.
http:// itwebapp/ AgendaIntranet /Bluesheet.aspx ?Iter lD= 6142 &MeetingID =393 11/9/2012
ORDINANCE NO. 40-12
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
SECTION 4.3.3, "SPECIFIC 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; AMENDING
APPENDIX "A ", "DEFINITIONS ", IN ORDER TO AMEND
THE DEFINITION OF "TRANSIENT RESIDENTIAL USE ";
AMENDING SUBSECTION 4.4.6(B), "PRINCIPAL USES AND
STRUCTURES PERMITTED ", TO REMOVE TRANSIENT
RESIDENTIAL USE AS A PRINCIPAL USE; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE 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 for periods of less than twelve (12) months with a turnover in occupancy more often
than three (3) times per year to any person, entity or family, is a non - residential activity and is not
considered an accessory use customarily accessory and incidental and subordinate to the primary
intended purpose of dwellings, See, SebwarZ u. City of Treasure Island, 21 Fla.L.Weekly Fed. C11541
(11 th Cit. 2008); and
WHEREAS, the Census Data collected by the U.S. Census 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, roadways, and utilities; code enforcement, law
enforcement, fire protection and inspection services; and
WHEREAS, transient residential uses can result in increased noise and traffic in single - family
residential 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 residential community making the City
of Delray Beach a less attractive place to reside; and
WHEREAS, 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 for people." See, City of Edmonds v. Oxford House, 514
U.S. 725, 733115 S.Ct. 1776, 131 L.Ed. 2d 801 (1995); and
WIiEREAS, 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, J &y O. v City of Boca Baton, 511 F. Supp. 2d 1339 (S.D. Fla. 2007); and
WHEREAS, 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 to the City of Delray Beach; and
WHEREAS, 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, subleases, and
assignments or otherwise allowing in any manner the use of a residential 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 total rental amount charged; 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 on September 24, 2012,
and said Board has recommended adoption of the changes to the City's Land Development
Regulations regarding the regulation of transient rental units by a vote of 7 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 CONMUSSION 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 ", Subsection 4.3.3(ZZZ), "Transient
Residential Uses ", shall hereby be amended to read as follows:
2 ORD. NO. 40 -12
(ZZZ) TRANSIENT RESIDENTIAL USE.The entire dwelling unit or any part
thereof, which is located in Single Family_ Rural Residential, or Planned Residential
Development Zoning Districts and is operated or used in such a way that any part of the
dwelling unit turns over occupancy more often than three (3) times in any one (1) year shall
be presumed to be a Transient Residential Use and therefore prohibited. An entire dwelling
unit or any part thereof, which is located in Low Density Residential (RL) or Medium Density
Residential (FM) Zoning Districts and is operated or used in such a way that any part of the
entire dwelling unit turns over occupancy more often than six (6) times in any one (1) year
shall be presumed to be a Transient Residential Use and therefore prohibited.
(1) Exceptions /Exemptions:
(a) Existing transient residential uses with a turnover more often than
three (3) times per year but not exceeding six (6) times per year in
single - family, rural residential, and planned residential development
zoning districts may continue until twelve (12) months after the
effective date of this ordinance 03 -12.
(b) The leasing, renting, licensing, subleasing or otherwise allowing in any
manner or form the use of a single - family dwelling unit for
Community Residential and Group Homes which are licensed by the
state are exempt.
(c) The real property owners of the dwelling unit and their family are
exempt regardless of how much time the owners and family spend at
the dwelling unit on a yearly basis.
(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 Community Improvement
Director or his /her designee ineleding the f6llawirtg doeumefttadatt-.
(a) All waivers requests shall include the following documentation:
{a} 1. The amount paid for the property, the date of purchase, and
the party from whom purchased;
{b) 2. The assessed value of the land and improvements thereon,
according to the two most recent assessments;
{e} 3. Real estate taxes for the previous two years;
ORD. NO. 40 -12
{�} 4. Annual debt service or mortgage payments, if any, for the
previous two years;
{e} 5. All appraisals, if any, obtained within the previous two years
by the owner or applicant in connection with the purchase,
financing, or ownership of the property;
{} C. Any listing of the property for sale or rent, price asked, and
offers received, if any;
The annual gross income from the property for the previous
two years, if any;
The annual cash flow, if any, for the previous two years;
{} 9. An applicant may submit and the Community Improvement
Director or his /her designee may require that an applicant
furnish additional information relevant to the determination of
any alleged undue economic hardship; and
4 In the event that any of the required information is not
reasonably available to the property owner and cannot be
obtained by the property owner, the property owner shall file
statement of the information which cannot be obtained and
the reasons why such information cannot be reasonably
obtained. Where such unobtainable information concerns
required financial information, the property owner will submit
a statement describing estimates which will be as accurate as
are feasible.
bbl Notice of Proposed Decision. The City's Community
Improvement Director, or his/her designee, shall have the authority
to consider and act on waivers for undue economic hardship under
this section. When a waiver has been requested, the City's
Community Improvement Director, or his /her designee. shall issue a
written determination within forty -five 45Ldays of the date of receipt
of all required documentation and may, ()rant the waiver request.
(2) grant a portion of the request and deny a portion of the request,
and /or impose conditions upon the grant of the request, or 3 deny
the request. Any such denial shall be in writing and shall state the
grounds therefore. All written determinations shall give notice of the
right to appeal. The notice of determination shall be sent to the
4 ORD. NO. 40 -12
requesting party by certified mail, return receipt requested. If
reasonably necessary to reach a determination on the request for
reasonable accommodation, the City's Community Improvement
Director, or his /her designee, may, prior to the end of said forty -five
(45) dayperiod, request additional information from the requesting
part, specifying in sufficient detail what information is required. The
requesting party shall have fifteen (15) days after the date of the
request for additional information to provide the requested
information. In the event a request for additional information is
made, the forty -five (45) day period to issue a written determination
shall no longer be applicable, and the City's Community Improvement
Director, or his /her designee, shall issue a written determination
within thirty (30) days after receipt of the additional information. If
the requesting batty fails to provide the requested additional
information within said fifteen (15) day12eriod, the City's Coirununityr
Improvement Director, or his /her designee, shall issue a written
notice advising that the requesting party had failed to timely submit
the additional information and therefore the request for waiver shall
be deemed abandoned and /or withdrawn and no further action by the
City with regard to said wavier request shall be required.
(cJ Appeal. Within thirty (30) days after the Community Improvement
Director's_ or his /her designee's, determination on a waiver request is
mailed to the requesting arty, such applicant may appeal the decision.
All appeals shall contain a statement containing sufficient detail of the
grounds for the appeal. Appeals shall be to the City Commission who
shall, after public notice and a public hearing, render a determination
as soon as reasonably practicable. but in no event later than sist_(601
days after an appeal has been filed.
(3) Reasonable Accommodation: Reasonable Accommodations from this
section may be obtained pursuant to LDR Section 2.4.7(G).
(4) Penalties for Violations: The City adopts all enforcement methods, which
include, but are not limited to, the issuance of a citation, summons, 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, subleases,
or otherwise allows in any manner or form the use of an entire dwelling unit within a single -
family, rural residential, or planned residential development zoning district for a period of less
than twelve (12) months with a turnover in occupancy of any part of the dwelling unit more
often than three (3) times in any one (1) year as well as those entire dwelling units that are
ORD. NO. 40 -12
located within Low Density Residential (RL) or Medium Density Residential (Rlvi Zoning
Districts with a turnover in occupancy of any part of the dwelling unit more often than six (6)
times in any one (1) year shall be in violation of this section.
(5) Severability:
(a) Generally. If any part, section, subsection, paragraph, subparagraph,
sentence, phrase, clause, term, or word of Section 4.3.3(ZZZ) is
declared unconstitutional by the valid judgment or decree of any court
of competent jurisdiction, the declaration of such unconstitutionality
shall not affect the remainder of Section 4.3.3(ZZZ), "Transient
Residential Uses ".
(b) If the entire Section 4.3.3(ZZZ) is declared unconstitutional by the
valid judgment or decree of any court of competent jurisdiction, 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 force and effect.
Section 2. 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 the entire dwelling unit or any part thereof,
which is located in Single Family. Rural Residential. or Planned Residential Development
Zoning Districts and is operated or used in such a way that any part of the dwelling unit
turns over occupancy more often than three (3) times in any one (1) year and the entire
dwelling unit or any part thereof, which is located in Low Density Residential (RL) or
Medium Density Residential (RAI) Zoning Districts and is operated or used in such a way
that any part thereof turns over occupancy more often than six (6) times in any one (1) year.
Section 3. That Section 4.4.6, "Medium Density Residential (RM) District", Subsection
(B), "Principal Use and Structures Permitted", of the Land Development Regulations of the City of
Delray Beach, Florida, shall hereby be amended to read as follows:
(B) Principal Uses and Structures Permitted: The following types of use are
allowed within the (RM) District as a 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.
ORD. NO. 40 -12
(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.
{l--�)410).Residential Licensed Service Provider Facilities.
(� 11 Nursing Homes within multi - family structures only.
fl-3} 4L2 Community Gardens pursuant to regulations set forth in Section
4.3.3(D).
Section 4. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder hereof as a whole or part thereof other
than the part declared to be invalid.
Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 6. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of 12012.
ATTEST MAYOR
City Clerk
First Reading
Second Reading
7 ORD. NO. 40 -12
Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Paul Dorling, AICP, Director of Planning and Zoning
THROUGH: City Manager
DATE: October 10, 2012
SUBJECT: AGENDA ITEM 11.A. -REGULAR COMMISSION MEETING OF OCTOBER 16.2012
ORDINANCE NO. 40-12 (FIRST READING/ FIRST PUBLIC HEARING)
Page 1 of 1
ITEM BEFORE COMMISSION
Approval of a city - initiated amendment to the Land Development Regulations (LDRs) that will amend
prohibitions, exemptions /exceptions, waivers and penalties for transient residential uses; and will amend
the definition of `transient residential uses. '
BACKGROUND
Transient Residential Uses are prohibited in Single Family and Planned Residential Development
(PRD) zoning districts, but are allowed as a permitted use in the Medium Density Residential (RM)
districts with turnover rates of up to six (6) times per year and prohibited thereafter. Turnover rate refer
to the entire dwelling unit or any part thereof, regardless of how it is segmented.
These current modifications clarify that the Single Family Residential Zoning districts category includes
the (RR) Rural Residential zoning designation and that the Medium Density Residential zoning districts
category includes the (RL) Low Density Residential zoning designation. These ordinance modifications
also provide for procedural standards for undue economic hardship requests and remove a reference to
"Transient Residential Use" as a principal use allowed in the RM (Medium Density Residential
District) .
The Planning and Zoning Board reviewed the item at its September 24, 2012 meeting and made a
recommendation of approval on a 7 -0 vote
RECOMMENDATION
By motion, approve Ordinance No. 40 -12 on first reading for a city- initiated amendment to the Land
Development Regulations to modify Subsection 4.3.3(ZZZ), "Transient Residential Uses ", in order to
clarify prohibitions, exemptions /exceptions, waivers, and penalties for same; and amending Appendix
"A ", "Definitions ", in order to amend the 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 consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5
(M).
http: // itwebapp/ AgendaIntranet /Bluesheet.aspx ?ItemID= 6107 &MeetinglD =392 10/29/2012
,�. . , PLANNING: ANd: ZONING: BOARD." �STAFf `REPORT
MEETING DATE: SEPTEMBER 24, 2012
AGENDA NO: VI. E.
AGENDA ITEM: CONSIDERATION OF A CITY- INITIATED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS (LDR), AMENDING SUBSECTION
4.3.3(ZZZ), "TRANSIENT RESIDENTIAL USES ", IN ORDER TO CLARIFY
PROHIBITIONS, EXEMPTIONS /EXCEPTIONS, WAIVERS, AND
PENALTIES FOR SAME; AND AMENDING APPENDIX "A ",
"DEFINITIONS ", IN ORDER TO AMEND THE DEFINITION OF "TRANSIENT
RESIDENTIAL USES ".
_ ITEM BEFOR1= THE- :BOA.RD
The item before the Board is to make a recommendation to the City Commission regarding a city -
initiated amendment to the Land Development Regulations (LDRs) that will amend prohibitions,
exemptions /exceptions, waivers and penalties for transient residential uses; and will amend the
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.
f3gCKGRO -.I
In February of 2012 the City enacted ordinances relating to transient residential uses which
stemmed from concerns that allowing use of single family residential dwelling units for transient
residential use elevates the use to one that has characteristics of a non - residential activity and is
not considered incidental and subordinate to the primary purpose of a single family dwelling.
Those original ordinances clarified prohibitions, exemptions /exceptions, and waivers and penalties
for transient residential uses and modified the existing definition of transient residential uses to limit
occupancy turn over to no more than three (3) times per year for any dwelling or any part thereof.
Additional changes to one of these ordinances are now proposed which will provide additional
clarification as to applicability and provide additional procedural standards for waiver requests.
' ANALYSIS
Transient Residential Uses are prohibited in Single Family and Planned Residential Development
(PRD) zoning districts, but are allowed as a permitted use in the Medium Density Residential (RM)
districts with turnover rates of up to six (6) times per year and prohibited thereafter. Turnover rate
refer to the entire dwelling unit or any part thereof, regardless of how it is segmented.
These current modifications clarify that the Single Family Residential Zoning districts category is
inclusive of the (RR) Rural Residential zoning designation and that the Medium Density Residential
zoning districts category is inclusive of the (RL) Low Density Residential zoning designation. These
ordinance modifications also provide for procedural standards for undue economic hardship
requests.
Planning and Zoning Board Meeting, September 24, 2012
LDR Amendment —Transient Residential Uses
Any property owner that leases, rents, licenses, subleases a single family residential dwelling unit
within the single family zoning districts more than three (3) times in any given year or a dwelling
unit in Medium Density Zoning districts more than six (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 following applicable
objectives /policies:
Housing Element Objective A -4
For 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,
Housing Element 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.
HMO EVIEWtBY OTHERS
Courtesy Notices
Courtesy notices were provided to the following homeowner and civic associations:
• Neighborhood Advisory Council
• Delray Citizens Coalition
Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting
iA, i1R T[1/E ACTIONS
A. Continue with direction.
B. Move a recommendation of approval to the City Commission of the amendment to Land
Development Regulations, modifying Subsection 4.3.3(ZZZ), "Transient Residential Uses ", in
order to clarify prohibitions, exemptions /exceptions, waivers, and penalties for same; and
amending Appendix "A ", "Definitions', in order to amend the 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 consistent with the Comprehensive Plan and meets
the criteria set forth in LDR Section 2.4.5(M).
2
Planning and Zoning Board Meeting, September 24, 2012
LDR Amendment — Transient Residential Uses
C. Move a recommendation of denial to the City Commission of the amendment to Land
Development Regulations, modifying Subsection 4.3.3(ZZZ), "Transient Residential Uses ", in
order to clarify prohibitions, exemptions /exceptions, waivers, and penalties for same; and
amending Appendix "A ", "Definitions ", in order to amend the 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 consistent with the Comprehensive Plan and meets
the criteria set forth in LDR Section 2.4.5(M) (motion to be made in the affirmative).
EGQMMEN,DED ACTION
Recommend approval to the City Commission of the amendment to Land Development
Regulations, modifying Subsection 4.3.3(ZZZ), "Transient Residential Uses ", in order to clarify
prohibitions, exemptions /exceptions, waivers, and penalties for same; and amending Appendix "A ",
"Definitions", in order to amend the 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 consistent with the Comprehensive Plan and meets the criteria set forth in LDR
Section 2.4.5(M).
Attachment:
Proposed Ordinance
3