05-82 ORDINANCE NO. 5-82
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 BY AMENDING SECTION 30-17 "SUPPLEMENTARY REGU-
LA'lIONS" BY ENACTING A NEW SUBSECTION (U) "PARK AND
RECREATION LAND FOR MULTIPLE FAMILY UNITS, PLANNED
RESIDENTIAL UNITS, HOTELS, MOTELS, AND RESORT DWELLING
UNITS AND SINGLE FAMILY UNITS WHICH ARE NOT PART OF A
NEW SUBDIVISION"; BY AMENDING SECTION 30-6 "RM-6 MULTI-
PLE FAMILY DWELLING DISTRICT," SECTION 30-7 "RM-10 MULTI-
PLE FAMILY DWELLING DISTRICT," AND SECTION 30-8 "RM-15
MULTIPLE FAMILY DWELLING DISTRICT" BY ENACTING A NEW
SUBSECTION (Q) "PARK AND RECREATION LAND DEDICATION";
BY AMENDING SECTION 30-8.1 "PRD-t~ PLANNED RESIDENTIAL
DISTRICT," SECTION 30-8.2 "PRD-7 PLANNED RESIDENTIAL DIS-
TRICT,'' AND SECTION 30-g.3 "PRD-10 PLANNED RESIDENTIAL
DISTRICT" BY ENACTING A NEW SUBSECTION (S) "PARK AND
RECREATION LAND DEDICATION; BY AMENDING SECTION 30-10
"CC COMMUNITY COMMERCIAL DISTRIGT~" SECTION 30-11 "CC
GENERAL COMMERCIAL DISTRICT," AND SECTION 30-12 "SC
SPECIALIZED COMMERCIAL DISTRICT" BY ENACTING A NEW
SUBSECTION (P) "PARK AND RECREATION LAND DEDICATION";
BY AMENDING SECTION 30-13 "CBD CENTRAL BUSINESS DIS-
TRIG'In' BY ENACTING A NEW SUBSECTION (Q) "PARK AND
RECREATION LAND DEDICATION"; AND BY AMENDING SECTION
30-13.1 "LC LIMITED COMMERCIAL DISTRICT" BY ENACTING A
NEW SUBSECTION (O) "PARK AND RECREATION LAND DEDICA-
TION''; TO REQUIRE THE DEDICATION OF PARK AND RECREA-
TION LAND, OR THE MAKING OF "IN LIEU" PAYMENT, BY
DEVELOPERS OF MULTIPLE FAMILY UNITS, PLANNED RESI-
DENTIAL UNITS, HOTELS, MOTELS, AND RESORT DWELLING
UNITS, AND SINGLE FAMILY UNITS WHICH ARE NOT PART OF A
NEW SUBDIVISION; 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 FOLLOW5:
Section 1. That Chapter 30, "Zoning," Section 30-17 "Supplementary Regulations"
of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended by enacting a
new subsection (t.l) to read as follows:
(U) Park And Recreation Land Dedication For Multiple Family Units, Planned
Residential Units, Hotels, Motels, And Resort Dwelling Units, And Single
Family Units Which Are Not Part Of A New Subdivision.
(1) For every development of multiple family units, planned residential units,
hotels, motels, or resort dwelling units, the developer shall dedicate to the
City five ()) acres of land for each one thousand (1000) persons deemed to
reside in the proposed development. For purposes of this section, 2.31 persons
per unit shall be deemed to reside in the proposed development.
The following formula shall be used for computing the amount of park and
recreation land to be dedicated:
2.31' x Total Units x .005~* = Amount of Land to be Dedicated
*Average number of persons per dwelling unit
*'5 acres per 1000 persons
1
Any' land to be dedicated as a requirement of this subsection shall be
reasonably adaptable for use for park and recreation purposes and shall be at
a location convenient to the people to be served. The City Council sh&[l
ev&[uate the adequacy of the proposed park and recreation area, taking into
consideration the size and shape, topography, geology, tree cover, access and
location of the area.
(2) In the event a development as described in paragraph (1) above is too small, or
for some other v&[id reason, it is not feasible or advisable to dedicate land
for recreation purposes, as determined by the City Coun~l~ the developer
sh&[l be required to maJ<e an "in lieu" payment to the City of a sum of five
hundred dollars ($500.00) for each unit.
(3) For a sin~e family unit which is not a part of a subdivision, an "in lieu"
payment of five hundred dollars ($500.00) for each unit shaZI be required for
the person seeking a certificate of occupancy for that unit. For a sin~e
family unit' which is built upon a lot which is part of a subdivision but which
had not been built upon at the time the subdivision was origJn&[ly subdivided
into lots, an "in lieu" payment of five hundred dollars ($500.00) sh&[l be
required from the person seeking a certificate of occupancy for that unit.
(~) Limitation on Use of Land and Fees. The land and fees received under this
subsection sh&[l be used for the purpose of providing park and recreat[on&[
facilities. The city shall establish a separate account into which "in lieu"
payments shall be deposited. The money in this account sh&[l be expended by
the city only for the acquisition of park and recreation lands, improvement to
lands consistent with these park and recreation&[ purposes, and providing
equipment and person&[ property inc[dent&[ thereto~ and these expenditures
sh&[l only be made for locations in reasonable proyJmity to the development,
for which the fees were charged.
(5) Any "in lieu" payment fora given unit required under this subsection sh&[! be
paid in full prior to the issuance of a certificate of occupancy for that unit.
Any land required to be dedicated under this subsection shall be deeded to the
city with marketable title free and clear of &il encumbrances prior to the
first issuance of a building permit for the development.
Section 2. That Chapter 30 "Zoning," Section 30-6 "RM-6 Multiple Family Dwelling
District," Section 30-7 "RM-10 Multiple Family Dwelling District," and Section 30-8 "RM-15 Multiple
Family Dwelling District," of the Code of Ordinances of the City of Deiray Beach, Florida, are
hereby amended by enacting a new subsection (Q) to read as follows.-
(Q) Park And Recreation Land Dedication
See Sec. 30-17(U)
Section 3. That Chapter 30 "Zonings" Section 30-8.1 "PRD-~ Planned Residenti&[
District," Section 30-g.2 "PRD-7 Planned Residenti&[ District," and Section 30-8.3 "PRD-10 Planned
Residential District," of the Code of Ordinances of the City of Delray Beach, Florida, are hereby
amended by enacting a new subsection (S) to read as follows=
(S) Park And Recreation Land Dedication
See Sec. 30-17(U)
Section 4. That Chapter 30 "Zoning," Section 30-10 "CC Community Commerci&[
District," Section 30-[1 "GC Gener&[ Commerci&[ District," and Section 30-12 "SC Speci&[Jzed
Commercial District," of the Code of Ordinances of the City of Delray Beach, Florida, are hereby
amended by enacting a new subsection (P) to read as follows:
(P)Park And Recreation Land Dedication
See Sec. 30-17(U)
2 ORD. NO. 5-82
Section 5. That Chapter 30 "Zoning," Section 30-13 "CBD Central Business
District," of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended by
enacting a new subsection (Q) to read as follows:
(Q)Park And Recreation Land Dedication
See Sec. 10-17(U)
Section 6. That Chapter 30 "Zoning," Section 30-13.i "LC Limited Commercial
District," of the Code of Ordinances of the City of Delray Beach, Florida,. is hereby amended by
enacting a new subsection (O) to read as follows.'
(O) Park And Recreation Land Dedication
See Sec. 30-17(U)
Section 7.That should any section or provision of this ordinance or ~ny portion
thereof, any paragraph, sentence, or work 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 8. That this ordinance shall become effective ten days after passage on
second and final reading, and is expressly made retroactive so as to apply to every development or
portion thereof, of multiple family units, planned residential units, hotels, motels, or resort dwelling
units which requires either site plan approval, plat approval or conditional use approval, and for
which any one. such required approval has not been received by August 10, 1981, e.g. if a developer
has received all three approvals for a portion of a development' by August 10, 1981, but only two
approvals on another portion of the development, then the dedication or "in lieu" payment provided
for herein would apply, to that portion of the development for which all three approvals have not
been obtained by August 10, 1981.
Further, the provisions of this ordinance are hereby expressly made retroactive so
as to apply to every development of multiple family units, planned residential units, hotels, motels,
or resort dwelling units even though all required site plan approval, conditional use approval, and
plat approval prior have been received by August 10, 1981, if any one of such approvals was
conditioned on the making of an "in lieu" payment, except that if the condition of approval specified
a payment less than five hundred dollars ($500.00) per unit, the specified amount shall apply. If the
specified amount exceeded five hundred dollars ($500.00) per unit, an "in lieu" payment of five
hundred dollars ($500.00) per unit shall be required. If the amount was expressed as one lump sum,
rather than as a per unit assessment, the total lump sum shall be divided by the number of units in
the development to determine the per unit fee.
PASSED AND ADOPTED in regular session on second and final reading on this the
23rd day of February ,1982.
'MAYOR
LEON M. WEEKES
ATTEST:
~4ty Clerk
First Reading February 9, 1982
Second Reading February 23, 1982
3 ORD. NO. 5-82