Ordinance No. 20-19ORDINANCE NO. 20-19
AN ORDINANCE OF TI-IE QTY COMMISSION OF TI-IE QTY OF
DELRAY BEAŒI, FLORIDA, AMENDING TI-IE LAND DE VELOPlvŒNf
REGULATIONS OF TI-IE CODE OF ORDINANCES BY AMENDING
SECTION 4.4.3. "SINGLE FAMILY (R-1) DIS1RICfS," TO DELETE
SUBSECTION 1(10), AMEND SUBSECTIONS I(l 1) AND (12); AND,
ADDING SECTION 7.1.8. "CONSTRUCTION PARKING" TO
ESTABLISH REGULATIONS FOR ON-SITE AND OFF-SITE
CONSTRUCTION PARKING; PROVIDING A CONFLICTS CLAUSE, A
SEVERABILITY CLAUSE, AND AUTI--IORITY TO CODIFY; PROVIDING
AN EFFECTIVE DA TE; AND FOR O11-IER PURPOSES.
WHEREAS, the Legislature of the State of Florida has, in Chapter 166 -- Municipalities, Florida Statutes,
conferred upon local governments the authority to adopt regulations designed to promote the public health,
safety, and general welfare of its citizenry; and
WHEREAS, the City of Delray Beach continues to experience investment in the form of development
and redevelopment of properties within the City which results in construction projects; and
WHEREAS, the construction activity associated with development and redevelopment requires parking
for the associated contractors, subcontractors, and their respective employees; and
WHEREAS, certain construction projects are able to accommodate the construction-related parking
within the limits of the property under construction; however, in certain areas and based upon the type of project,
construction-related parking is not able to be accommodated on-site prompting the need to establish regulations
for construction-related parking; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the
Local Planning Agency (LP A), has determined that the amendments are consistent with and further the goals,
objectives, and policies of the Comprehensive Plan; and
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text
amendment at a public hearing held on July 15, 2019, and voted 4 to 1 to recommend approval of the ordinance;
and
WHEREAS, the City Commission of the City of Delray Beach finds the Ordinance is consistent with the
Comprehensive Plan.
Ord. No. 20-19
Page 1 of 4
NOW, THEREFORE, BE IT ORDAINED BY THE QTY CO1\!1MISSION OF THE QTY OF DELRAY
BEAŒI, FLORIDA, AS FOLLOWS:
Section l. That the recitations set forth above are incorporated herein.
Section 2. That Section 4.4.3. "Single Family (R-1) Districts," Subsection 1(10), Land Development
Regulations of the City of Delray Beach, Florida, be and the same, is hereby amended as follows:
(10) Construction parking should be on the job site '\\rhen possible. In addition, parking is li-mited to the
same side of the street as the site and confined to the property boundaries when possible. ·No
parking is pennitted within 25 feet of any intersection. The street rrrust remain open for vehicular
travel at all times.
(10-1-1-) All deliveries to the site fffi:lS-t---shall be placed on the construction site or compound only. Third
partydeliveries (deliveries by anyone other than the property owner) are prohibited on Sundays and
the following holidays: New Year's Day, Memorial Day, July 4th, Labor Day, Thanksgiving Day,
and Christmas Day. Deliveries may not be made between the hours of 9:00 p.m. and 6:00 a.m.
(11-1-2) Streets adjoining the project HfüS-t shall be cleaned of construction debris and other trash and
debris and dirt on a daily basis. The Applicant/ Owner is responsible for protecting and cleaning
City drainage systems of construction dirt and debris, upon request from the City.
Section 3. That Section 7 .1.8 "Construction Parking", of the Land Development Regulations of the
City of Delray Beach, Florida, be and the same, is hereby added as follows:
Section 7.1.8. Construction Parking .
.(A)_ Construction parking.
ill
m
On-site parking.
a. All construction parking shall be accommodated within the construction site or
compound as approved by the Chief Building Official pursuant to Section 2.4.6(F), as
amended.
b. A site plan, delineating where all on-site parking and material staging will be located, shall
be provided prior to issuance of the first building permit associated with the construction
parking.
c. If all construction-related parking cannot be accommodated on-site, the off-site parking
regulations shall apply.
Off-site parking - single-family construction projects.
Ord. No. 20-19
Page 2 of 4
a. Parking is limi ted to within the swale on the same side of the street as the site and confined
to the area of the swale within the virtual extension of the property boundaries into the
right-of-way.
b. No parkin g shall encroach into the street pavement.
c. The swale area must be restored with sod prior to issuance of the certificate of occupancy.
d. No parking is permitted within 25 feet of any public right-of-way intersection.
e. The street must remain open for vehicular travel at all times unless a temporary street
closure with a maintenance of traffic (MO:0 has been approved by the City Engineer.
ill Off-site parking - all construction.
a. If all construction parking cannot be accommodated on-site as required in subsections
(B)(l) or (B)(2). the contractor is required to submit a construction parking management
plan to the Chief Building Official prior to the issuance of a building permit with the
following:
1. Location of off-site parking. including on-street public parking spaces.
ü. Off-site parking property plan, including proposed access and screening.
ill. Proof of lease or property owner's consent for off-site parking. including an
approved agreement for use of on-street public parking spaces.
1v. A site plan delineating where all parking will be located on the property.
v. If the property is also being utilized for material staging or as an off-site
construction compound, a list of all building materials and supplies stored on the
site or in containers on the site shall be provided to the Chief Building Official.
v1. Transportation plan indicating how employees will get to and from the jobsite
and the offsite parking location.
vii. Acknowledgement confirming an understanding of the construction parking plan
requirements and requirement to restore off-site parking property within 30 days
of certificate of occupancy for associated construction.
b. On-street public parking spaces. limited to the same side of the street as the site and
confined to the area of the public right-of-way within the virtual extension of the property
boundaries into the right-of-way. may be utilized with an agreement approved by the City
Manager, or designee. The agreement shall include the cost of lost revenue of any paid
parking spaces.
c. The Chief Building Official shall approve the construction parking management plan
prior to the issuance of a building permit.
Ord. No. 20-19
Page 3 of 4
d. Any modifications to the construction parking management plan must be submitted 72
hours, excluding weekends and holidays. in advance for review and approval by the Chief
Building Official. prior to implementation .
.(fil Enforcement. Any violation of the approved construction parking management plan shall be
enforced in accordance with Chapter 37. Delray Beach C.Ode Enforcement, of the C.Ode of
Ordinances, as amended. Any parking violations shall be enforced in accordance with Section 71.090
of the C.Ode of Ordinances.
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.
Section 6.
That all ordinances or parts of ordinances in conflict are hereby repealed.
Specific authority is hereby given to codify this Ordinance.
Section 7.
final reading.
PASS ED AND ADOPTED in regular session on second and final reading on this / 'fl't. day of
~ ,2019.
That this Ordinance shall become effective immediately upon its passage on second and
ATTEST:
Kate derk
First Reading O~c¡~/_o~S:~¿~/_9
02/11 /19 Second Reading
Ord. No. 20-19
Page 4 of 4