70-77 ORDINANCE NO. 70-77
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
REPEALING SECTION 29-18(B) (2) AND ENACTING A NEW SECTION
29-18 (B) (2) PERMITTING AN ALTERNATE OFF-STREET PARKING
SITE TO BE USED IN CONJUNCTION WITH A PRINCIPAL'USE OR
BUILDING LOCATED IN THE COMMERCIAL, INDUSTRIAL OR RM-15
ZONING DISTRICT; PROVIDING A SAVING CLAUSE; PROVIDING
AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DEL_~Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 29-18(B)(2) (Off-Street Parking Regula-
tions) of the Zoning Code is hereby repealed and a new Section 29-18(B)(2)
is hereby enacted to read, as follows:
(2) Location of Off-Street Parkinq Spaces
(a) All parking spaces shall be located on the same
lot or parcel of land that the principal building
or use is located, except as provided herein:
(1) Within the GC General Commercial, SC Specialized
Commercial, LC Limited Commercial, LI Light
Industrial, and MI Medium Industrial zoning
districts, all or part of the off-street parking
spaces may be located on an alternate off-street
parking site within three hundred (300) feet of
the lot or parcel of land on which the principal
use or building is located. The alternate off-
street parking site shall have the same zoning
district classification as the principal lot
or parcel of land.
(2) Within the GC General Commercial, SC Specialized
Commercial, LC Limited Commercial, LI Light
Industrial, MI Medium Industrial, and the RM-15
Multiple Family Dwelling District, all or part,
of the off-street parking spaces may be located
on an alternate off-street parking site which
has a different zoning district classification
than that of the principal lot or parcel of land,
provided said parking site is adjacent to, and
abuts the principal lot or parcel of land on
which the principal use or building is located.
If the alternate site is proposed to be located
in the RM-15 zoning district, such site shall be
subject to conditional use approval (Sec. 29-21).
(b) The owner of said alternate off-street parking area,
and the owner of the principal use or building
(including the land on which it is situated), shall
enter into a written agreement with the City of
Delray Beach (in such form as may be approved by
the City Attorney), with enforcement running to the
City of Delray Beach, providing that the land com-
prising the alternate off-street parking area shall
never be disposed of except in conjunction with the
transfer or sale of the building which the parking
area is intended to serve, so long as the parking
facilities are required. The owner agrees that such
agreement shall be in recordable form, the expense of
recording to be borne by the owner, and that the agree-
ment shall constitute a covenant running with the
land binding upon the owner's heirs, administrators,
successors and assigns. The agreement shall be
released by the Chief Building Official of the City
of Delray Beach at such time as the alternate off-
street parking facilities are no longer required, or
when the owner provides other lawful off-street
parking facilities.
Section 2. 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 3. 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 28th day of November . , 1977.
· 3,-~ ~
V I~C E M A Y O~R
ATTEST:
City/lerk
First Reading November 14, 1977
Second Reading November 28., 1977
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