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68-87 F A I L E D - 10-13-87 ORDINANCE NO. 68-87 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30, "ZONING", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 30-18 "OFF-STREET PARKING REGULATIONS", SUBSECTION (B) "GENERAL REQUIREMENTS" BY ADDING A SUBPARAGRAPH (7) "ACCESS" TO PROVIDE THAT WHERE MULTI-FAMILY OR NON-RESIDENTIAL ZONED PROPERTY IS ADJACENT TO, BUT SEPARATED BY A STREET FROM SINGLE FAMILY ZONED PROPERTY, THE MULTI-FAMILY OR NON-RESIDENTIAL PROPERTY SHALL NOT USE SUCH SEPARATING STREET AS ACCESS UNLESS NO OTHER MEANS OF INGRESS OR EGRESS TO THE PROPERTY EXISTS; BY AMENDING SECTION 30-9 "NC (NEIGHBORHOOD COMMERCIAL) DISTRICT" TO DELETE SUBSECTION (O) "ACCESS" IN ITS ENTIRETY; BY AMENDING SECTION 30-10 "CC (COMMUNITY CO.MMERCIAL) DISTRICT" TO DELETE SUBSECTION (O) "ACCESS" IN ITS ENTIRETY, AND BY AMENDING SUBSECTION (P) "PARK AND RECREATION LAND DEDICATION" TO RELETTER IT TO SUBSECTION (O) "PARK AND RECREATION LAND DEDICATION"; BY AMENDING SECTION 30-11 "GC (GENERAL COMMERCIAL) DISTRICT" TO DELETE SUBSECTION (O) "ACCESS" IN ITS ENTIRETY, AND BY AMENDING SUBSECTION (P) "PARK AND RECREATION LAND DEDICATION" TO RELETTER IT TO SUBSECTION (O) "PARKAND RECREATION LAND DEDICATION"; BY AMENDING SECTION 30-12 "SC (SPECIALIZED COMMERCIAL) DISTRICT" TO DELETE SUBSECTION (O) "ACCESS" IN ITS ENTIRETY, AND BY AMENDING SUBSECTION (P) "PARK AND RECREATION LAND DEDICATION" TO RELETTER IT TO SUBSECTION (O) "PARK AND RECREATION LAND DEDICATION"; BY AMENDING SECTION 30-13 "CBD (CENTRAL BUSINESS) DISTRICT" TO DELETE SUBSECTION (P) "ACCESS" IN ITS ENTIRETY, AND BY AMENDING SUBSECTION (Q) "PARK AND RECREATION LAND DEDICATION" TO RELETTER IT TO SUBSECTION (P) "PARK AND RECREATION LAND DEDICATION"; BY AMENDING SECTION 30-13.1 "LC (LIMITED COMMERCIAL) DISTRICT" TO DELETE SUBSECTION (N) "ACCESS" IN ITS ENTIRETY, AND BY AMENDING SUBSECTION (O) "PARK AND RECREATION LAND DEDICATION" TO RELETTER IT TO SUBSECTION (N) "PARK AND RECREATION LAND DEDICATION"; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 30, "Zoning", Section 30-18 "Off-Street Parking Regulations", (B) "General Requirements" of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended by adding a subparagraph (7) "Access" to read as follows: (7) Access Where multi-family or non-residential zoned property is adjacent to, but separated by a street from single family zoned property, the multi-family or non-residential property shall not use such separating street as access unless no other means of ingress or egress to the property exists. Section 2. That Chapter 30, "Zoning", Section 30-9 "NC (Neighborhood Commercial) District" of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended by deleting Subsection (O) "Access" in its entirety. Section 3. That Chapter 30, "Zoning", Section 30-10 "CC (Community Commercial) District" of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended by deleting Subsection (O) "Access" in its entirety. Section 4. That Chapter 30, "Zoning", Section 30-10 "CC (Community Commercial) District", Subsection (P) "Park and Recreation Land Dedication" of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: %P~ (O) PARK AND RECREATION LAND DEDICATION See Sec. 30-17(U) Section 5. That Chapter 30, "Zoning", Section 30-11 "GC (General Commercial) District" of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended by deleting Subsection (O) "Access" in its entirety. Section 6. That Chapter 30, "Zoning", Section 30-11 "GC (General Commercial) District", Subsection (P) "Park and Recreation Land Dedication" of the Code of Ordinances of the City of Delray Beach, FlOrida, be, and the same is hereby amended to read as follows: %P~ (O) PARK AND RECREATION LAND DEDICATION See Sec. 30-17(U) Section 7. That Chapter 30, "Zoning", Section 30-12 "SC (Specialized Commercial) District" of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended by deleting Subsection (O) "Access" in its entirety. Section 8. That Chapter 30, "Zoning", Section 30-12 "SC (Specialized Commercial) District", Subsection (P) "Park and Recreation Land Dedication" of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (O) PARK AND RECREATION LAND DEDICATION See Sec. 30-17(U) Section 9. That Chapter 30, "Zoning", Section 30-13 "CBD (Central Business) District" of the Code of Ordinances of the City of Delra¥ Beach, Florida, be, and the same is hereby amended by deleting Subsection (P) "Access" in its entirety. - 2 - ORD. NO. 68-87 Section 10. That Chapter 30, "Zoning", Section 30-13 "CBD (Central Business) District", Subsection (Q) "Park and Recreation Land Dedication" of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: %~ (P) PARK AND RECREATION LAND DEDICATION See Sec. 30-17(U) Section 11. That Chapter 30, "Zoning", Section 30-13.1 "LC (Limited Commercial) District" of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended by deleting Subsection (N) "Access" in its entirety. Section 12. That Chapter 30, "Zoning", Section 30-13.1 "LC (Limited Commercial) District", Subsection (O) "Park and Recreation Land Dedication" of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: %e~ (N) PARK AND RECREATION LAND DEDICATION See Sec. 30-17(U) Section 13. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 14. 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 15. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1987. MAYOR ATTEST: City Clerk First Reading September 8, 1987 Second Reading F A I L E D - 10-13-87 - 3 - ORD. NO. 68-87