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11-80 ORDINANCE NO. 11-80 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AS~NDING SECTION 29-13(A)CBD (CENTRAL BUSINESS DISTRICT), "PURPOSE", BY ADDII~G A NEW PARAGRAPH PROVIDING FOR THE REVIEW OF PLANS BY THE DOWNTO~ DEVELOPMENT AUTHORITY PRIOR TO ISSUANCE OF ANY BUILDING PERMITS; BY REPEALING SECTION 29-13(I)(3) CBD (CENTRAL BUSINESS DISTRICT), "PARKING AND LOADING REGULATIONS" AND ENACTING A NEW SEC- TION 29-13(I)(3) ESTABLISHING PARKING REQUIREMENTS FOR ALL OSES, PROVIDING FOR ADDITIONAL REQUIRED PARKING SPACES FOR THOSE SPACES ELIMINATED BY CONSTRUCTION OR ADDITIONS, AND TO PROVIDE FOR SPECIAL PARKING SPACE RE- QUIREMENTS FOR RESTAURANTS, COCKTAIL LOUNGES, AND BARS; BY AMENDING SECTION 29-13(J)(2) CBD (CENTRAL BUSINESS DISTRICT) "ALTERNATE OFF-STREET PARKING REGULATIONS" TO INCREASE THE IN LIEU PARKING SPACE PAYMENT TO $2,500 PER SPACE FOR NEWLY CONSTRUCTED BUILDINGS AND ADDITIONS; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Board at its meeting of January 22, 1980, unanimously recommended to City Council that the CBD (Central Business District) parking regulations be amended; and, ~EREAS, the City Council at its workshop meeting of February 4, 1980, directed that such changes be made, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 29-13(A), CBD (Central Business Dis- trict), "Purpose" of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: (A) PURPOSE The CBD zoning district is intended to provide an area for retail commercial activities in completely enclosed buildings and to preserve and develop the character of the businesses presently conducted within the boundaries of the Downtown Development Authority as set forth in the Act creating the Authority by the Special Acts of Florida, 1971, as Amended. All plans for new construction and additions in the CBD (Central Business District) shall be reviewed and ap- proved bY the Downtown Development Authority prior to the · ssuance of any building.permits. Section 2. That Section 29-13(I)(3), CBD (Central Business Dis- trict), "Parking and Loading Regulations", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby repealed and new Section 29-13(I)(3) is hereby enacted to read as follows: (3) The minimum number of off-street parking spaces for all uses shall be as follows: (a) All uses except restaurants, cocktail lounges, and bars shall provide one (1) space for each three hundred (300) square feet, or fraction thereof, of the total floor area. Parking spaces necessitated by this Ordi- nance shall not apply to existing structures, but only for new construction and additions to existing struc- tures. Should existing parking spaces be eliminated due to new construction or additions, these spaces must be provided in addition to the new spaces required for the new construction or addition. (b) Restaurants, cocktail lounges, and bars shall provide parking spaces in accordance with Sec. 29-18 (F)(5)(bb) and Sec. 29-18(F)(5)(cc) of this Ordinance. Parking spaces necessitated by this Ordinance shall not apply to existing structures, but only for new construction and additions to existing structures. Should existing parking spaces be eliminated due to new construction or additions, these spaces must be provided in addition to the new spaces required for the new construction or addition. Section 3. That Section 29-13(J)(2), CBD (Central Business Dis- trict), "Alternate Off-Street Parking Regulations", of the Code of Ordi- nances of the City of Delray Beach, Florida is hereby amended to read as follows: (2) The cost per parking space shall be e~-~e~ twenty five hundred ($2,500) dollars per space for · newly constructed buildings and e~e-~he~-~~ ~e~-~e~-spaee-~e~ additions. 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 days after passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 25th day of February , 1980. ~I A Y O~R LEON M. WEEKES ATTEST: City Clef]~ First Reading February 11. 1980 Second Reading February 25, 1980 - 2 - Ord. No. 11-80