37-76 ORDINANCE NO. 37-76
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 BY AMENDING SECTION 29-18 (B)(2) BY ADDING
SUBSECTIONS (a) AND (b)(1) AND (2) THEREOF, PER-
MITTING THE FULFILLMENT OF OFF-STREET PARKING
REQUIREMENTS BY THE USE OF AN ALTERNATE SITE
WITHIN 300 FEET OF THE PRINCIPAL BUILDING OR USE
AND ESTABLISHING COk~DITIONS FOR THE UTILIZATION OF
SUCH ALTER/gATE SITE; PROVIDIN~ A SAVING CLAUSE;
PROVIDING AN EFFECTIVE DATE.
NOW, T!{EREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF ~.~_E 'CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
_SEC.T.~ON ]. That Chapter 29-18 (B)(2) of the Code of Ordinances
of the City of Delray Beach, Florida be amended to read as follows:
a. All parking spaces shall be located on the same lot
or parcel of land that the principal building or use is
located= _ except that in the GC (General Commercial)
or SC (.,Specialized Commercial},. zoning districts, the
off-street parking requirements may. be satisfied by
locating Dart or all of the required spaces on a site
within 300 £=eL u£ the lot or parcel u£ land on which
the principal use or building is located.
b. Conditions under which alternate location of off-
street parking provided in subparagraph "a" may be
utilized:
1. The alternate parking site may not be located in an
area residentially zoned.
2. The owner of said alternate off-street parking area
and the owner of th~ 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, p~oviding 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
agreement shall constitute a covenant running with
the land binding upon the owner's heirs, admin-
istrators, successors and assigns. The agreement
shall be released by 'the chief building official of
the City of Delray Beach at such time as the alter-
nate 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 passag~ on second and final reading.
PASSED AND ADOPTED in regular session on second and final read-
ing on this 10th day of Janua~ ,1977~
· ATTE ST:
City Clerk
First Reading December 13, 1976
Second Reading Jan.uary ~0, 1977
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