31-81 EMERGENCY ORDINANCE NO. 31-81
AN EMERGENCY 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 30-1,
"DEFINITIONS", TO ADD AND DEFINE THE TERM "RESORT DWEL-
LING UNIT"; AND PROVIDING A MORATORIUM ON SUCH RESORT
DWELLING UNITS SO THAT NO CONSTRUCTION OF NOR
CHANGES TO NOR CONVERSION TO SUCH USE SHALL BE PER-
MITTED ANYWHERE IN THE CITY OF DELRAY BEACH, FLORIDA,
FOR A PERIOD OF NINETY (90) DAYS FROM THE DATE OF
ENACTMENT OF THIS ORDINANCE: PROVIDING FOR CODIFI-
CATION; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFEC-
TIVE DATE.
WHEREAS, the City Council of the City of Delray Beach, Florida, recog-
nizes that the recent upsurge in the development, conversion and/or sale of certain types
of periodic use developments is of grave concern to the residents of the City of Delray
Beach because of the probable effect on the City's building and zoning laws, and City
services; and,
WHEREAS, when the City of Delray Beach adopted its comprehensive plan,
such periodic use developments were not planned for nor included in the implementing
zoning regulations; and,
WHEREAS, the City Council of the City of Delray Beach, Florida, has
determined that an emergency-situation exists due to the recent proliferation of such
periodic occupancy uses and the fact that further development of such uses is imminent
with no opportunity or ability on the part of the City to properly plan for their location
and regulation unless this ordinance is enacted; and,
WHEREAS, the City Council of the City of Delray Beach, Florida, recog-
nizes that the City must have adequate time to study this subiect and plan for the
regulation and zoning of such uses; and,
WHEREAS, in order to allow for adequate time for such study and to allow
time for public debate concerning such regulation it is hereby deemed necessary by the
City Council of the City of Delray Beach, Florida, to impose a ninety (90) day moratorium
by the enactment of this emergency ordinance under the authority of Section 166.0~1(3)(b),
Florida Statutes.
NOW, THEREFORE, 'BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 30-1, "Definitions", of the Code of Ordinances of the
City of Delray Beach, Florida, is hereby amended to add the following definition:
Resort Dwelling Unit. A dwelling unit as defined in Section 30-1(31)
modified as follows: a unit for which the right of use has been
segmented over time so that certain sets of owners, lessees or holders
of use rights have a periodically recurring right of use (to either that
unit or another unit in the same development) according to a predeter-
mined fixed schedule, and only if the schedule would permit in any one
year a change or turnover of occupancy by five (5) or more sets of such
owners, lessees, or holders of use rights.
Section 2. That there is hereby imposed a moratorium on such Resort
Dwelling Units so that no constru, ction of nor changes to nor conversion to such use shall
be allowed or permitted to take place anywhere within the municipal boundaries of the
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City of Oelray Beach, Florida, for a period of ninety (90) calendar days from the date of
enactment of this ordinance.
Section 3. That only Section I of this Ordinance shall be codified in the
Code of Ordinances of the City of Delray Beach, Florida.
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 emergency ordinance shall take effect immediately
upon its passage by a two-thirds vote of the City Council of the City of Delray Beach,
Florida, on its initial reading.
PASSED AND ADOPTED in special session on this the __ day of May,
Igsl.
MAYOR
ATTEST:
City Clerk
2 Ord. No. 31-81