34-81 ORDINANCE NO. 30.-81
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 30-1, "DEFINITIONS",
TO ADD AND DEFINE THE TERM "RESORT DWELLING UNIT";
AND PROVIDING A MORATORIUM ON SUCH RESORT DWELLING
UNITS 50 THAT NO CONSTRUCTION OF NOR CHANGES TO NOR
CONVERSION TO SUCH USE SHALL BE PERMITTED ANYWHERE
IN THE CITY OF DELRAY BEACH~ FLORIDA, FOR A PERIOD OF
NINETY (90) DAYS FROM THE DATE OF ENACTMENT; PROVIDING
FOR CODIFICATION; PROVIDING A SAVING CLAUSE; PROVIDING
AN EFFECTIVE 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, recog-
nizes that the City must have adequate time to study this subject 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 ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Sectiori';.I. That Section 30-i, "Definitions", of the Code of Ordinances of the
City of Defray' Beach, Florida, is hereby amended to add the following definition;
Resort Dwelling; Unit. A dwelling unit as defined in Section 30-t(31)
modified as follows; a unit for which the exclusive right of use has
been segmented over time so that the owners, lessees or holders of such
exclusive use rights have a periodically recurring right of use (to either
that unit or another unit in the same development) according to a
predetermined fixed schedule, and only if the schedule would permit in
any one year a change or turnover of occupancy five {5) or more times.
Section 2. That there is hereby imposed a moratorium on such Resort
Dwelling Units so that no construction of nor changes to nor conversion to such use shall
be allowed or permitted to take place anywhere within the municipal boundaries of the
City of Delray Beach, Florida, for a period of ninety (90) calendar days from the date of
enactment.
Section 3. That only Section I of this Ordinance shall be codified in the
Code of Ordinances of the City oi Delray Beach, Florida.
Section ~. That should any section or provision of this ordinance or any
portion thereof, any paragraph, sentence, or word be declared by a Court st 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 take effect immediately after passage
on second and final reading.
PASSED AND ADOPTED in special session on second and final reading on
this the 19th day of May, 1931.
MAYOR
ATTEST:
f City Clerk
First Reading May 6 t 1981
Second Reading
2 Ord. No. 34-81