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33-86 ORDINANCE NO. 33=86 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 REPEALING ORDINANCE NO. 31-85 WHICH AMENDED SECTION 30-13(J)(1); AND BY AMENDING SECTION 30-13, "CBD CENTRAL BUSINESS DISTRICT", SUBSECTION (J), "ALTERNATE OFF-STREET PARKING REGULATIONS", SUB-SUBSECTION (1), TO PROVIDE IN CHAPTER 30 THE CLARIFICATION OF THE CITY COUNCIL'S INTENTION THAT THE CITY COUNCIL SHALL DETER- MINE THE APPROPRIATENESS OF PERMITTING IN-LIEU FEES FOR OFF-STREET PARKING SPACES AND THAT SUCH FEES SHALL BE PAID DIRECTLY TO THE CITY FOR ITS FURTHER ALLOCATION; PROVIDING A GENERAL REPEALER; 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 That Ordinance No. 31-85 which amended Section 30-13(J)(1) is hereby repealed. Section 2. That Chapter 30, "Zoning", Section 30-13, "CBD Central Business District", Subsection (J), "Alternate off-street parking regulations", Sub-subsection (1), of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (1) If it is impossible and appropriate, as determined solely by the City Council, to provide the required number of off-street parking spaces~ the owner i-f--l~e--so--~les~e~, may pay into the ~t-h~ri~y City, a sum of money to be determined herein. Such payment shall be in~u of the parking requirements of Sec. 30-13(I)(3). This provision shall not be applicable to dwelling unit projects. The funds so paid shall be utilized by the City or allocated to another appropriate entity for parking purposes as the City Council shall deem appropriate. Section 3. That all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. 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 this ordinance shall become effective ten (10) days after its passage on second and final r~ading, an~. ~hall be applicable to all projects approved on or after March 12, 1985. PASSED AND ADOPTED in regular session on second and final reading on this MAYOR ATTEST: City/~/~erk First Reading ~la~f 27 ~ 1986 Second Reading June 10~ 1986 0 I