Ordinance No. 12-24ORDINANCE NO.12-24
AN ORDlNANCE OF THE ClTY COMMlSSION OF THE ClTY OF
DELRAY BEACH,FLORIDA,AMENDING THE LAND
DEVELOPMENT REGULA TlONS OF THE CITY OF DELRAY BEACH
CODE OF ORDINANCES CHAPTER 2,"ADMINISTRATIVE
PROVISIONS."ARTICLE 2.4."DEVELOPMENT APPLICATION
REQUIREMENTS,"SECTION 2.4.6,"REGULATION OF USES,"TO
MODlFY TEMPORARY PARKING LOT REGULATIONS TO ALLOW
TEMPORARY PARKING LOTS IN GENERAL COMMERCIAL
ZONING.LIMITED TO OFF-SlTE STORAGE OF AUTOMOTIVE
DEALERSHIP VEHICLE INVENTORY;TO RENUMBER TABLE
2.4.3-A TO 2.4.6-A AND DESIGNATE THE DEVELOPMENT
SER VICES DIRECTOR TO APPROVE USES UNDER A TENT;TO
ELIMINA TE CJTY ENGINEER APPROVAL FOR GRADING PLANS;
TO REQUIRE TECHNICAL ADVISORY COMMITTEE REVIEW OF
SlTE PLANS;TO REQUIRE COMPLIANCE WlTH THE SITE PLAN
AND ANY CONDITIONS OF APPROVAL PRIOR TO APPL YING FOR
PERMIT RENEWAL,AND TO ELIMlNATE THE REQUlREMENT
FOR THE PARKING MANAGEMENT ADVISORY BOARD TO
REVlEW THE SlTE PLAN AND RECOMMEND APPROVAL IN
ORDER TO PROCEED TO ClTY COMMISSlON;PROVIDING A
CONFLICTS CLAUSE:PROVIDING A SEVERABILITY CLAUSE;
AUTHORITY TO CODIFY;AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,the Land Development Regulations (the "LDR )of the City of Delray Beach ("City")
Code of Ordinances provide authority for the City Commission to amend.change,supplement,or repeal the
LDR from time to time;and
WHEREAS,LOR Section 2.4.6(E)3)limits temporary parking lots to certain areas within the Central
Business District (the "CBD),the Community Facilities District (the "CF District")and non-residential
zoning districts bounded by Swinton Avenue on the east,[-95 on the west,NW ['Street on the north,and
SW [Street on the south;and
WHEREAS.the City desires to include the General Commercial Zoning District (the "GC District")
as a permissible location for temporary parking lots for off-site storage for automotive dealership inventory;
and
WHEREAS,the City desires to amend the review process for temporary parking lots to be consistent
with Chapter 2."Administrative Procedures,"of the LDR;and
WHEREAS,pursuant to Florida Statutes I 63.3 174(4)(c).the Planning and Zoning Board for the City
of Delray Beach,sitting as the Local Planning Agency,considered this item at a public hearing on March 18,
2024.and voted 5 to 0 to recommend approval of the proposed text amendments,finding that the request and
approval is consistent with the Comprehensive Plan and meets the criteria set forth in the Land Development
Regulations;and
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH,FLORIDA,AS FOLLOWS:
Section l.The recitations set forth above are incorporated herein.
Section 2.The City Commission of the City of Delray Beach finds this Ordinance is consistent
with the Comprehensive Plan,meets the criteria set forth in the Land Development Regulations.and is in the
best interests of the City.
Section3.Chapter 2,"Administrative Provisions,"Article 2.4,"Development Application
Requirements,"Section 2.4.6."Regulation of Uses,"of the Land Development Regulations of the City of
Delray Beach,Florida,is hereby amended as follows:
Section 2.4.6 -Regulation of Uses.
(A)(D)(These subsections shall remain in full force and effect as adopted.)
(E)Temporary use permit.A temporary use permit is required for any of the uses listed below.The
granting authority of each use is as follows:
TABLE 2.4.36-A-Granting Authority for Temporary Use Permits
Granting Authority Use
City Commission •Circuses or Carnivals
•City Operated Facilities
•Seasonal farmer's Market
•Temporary Parking Lots
•Horse Drawn Carriage Rides,Ice Skating
Rink.Carousel,and Other Related
Holiday,Seasonal/Temporary Uses
Chief Building Official •Sales Offices and Models at a Residential
Development Site
•Construction Trailers and Compounds
City Commission or Chief Building Offieial •Uses under a Tent
Development Services Director
(I)-(2)(These subsections shall remain in full force and effect as adopted.)
(3)Regulations and restrictions.
(a)(c)(These subsections shall remain in full force and effect as adopted.)
(d)Temporary parking lots.
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ORD.NO.12-24
I.A temporary parking lot may be permitted within the following arcas:
a.The portion or the Central Business District (CBD)and Community Facilities
(CF)District whieh is bounded by Swinton Avenue on the west,the
Intracoastal Waterway on the east,NE.2""Street on the north,and S.E.2d
Street on the south;
b.The portion of the CBD District which is bounded by N.E.2 Avenue on the
west,the FEC Railway on the east,N.E.2"Street on the south,and N.E.4
Street on the north;
e.The portion of the CBD located east of the Intracoastal Waterway;
d.The non-residential zoning districts bounded by Swinton Avenue on the east,
l-95 on the west,N.W.1st Street on the north,and S.W.1st Street on the
south-;and
e.General Commercial (GC)zoned properties.
2.Temporary parking lot spaces shall not be used to fulfill minimum off-street
parking requirements for new development or redevelopment.Temporary lots may
be used to supplement required parking.
3.Within the General Commercial Zoning District,temporary parking is limited to
off-site storage of automotive dealership vehicle inventory.
4.3.Prior to issuance of the temporary use permit,the applicant shall submit a site plan
which that_includes proposed grade elevations,landscaping and other information
which that addresses the regular maintenance of the parking surface and irrigation
of the landscaped areas.TAC_shall_review the_site plan for technical compliance
prior to consideration by the City Commission.
4.The City Engineer shall approve the grading plan for the parking lot.The site plan
shall berev iewed and recommend ed for approval by the Parking Management
Advisory Board prior to submission to the itv Commission tor consideration.
5.Penn its for temporary parking lots shall be issued valid for no more than one year.
a one-year period.Prior to a permit's expiration,a permit holder may request
renewal by the City Commission for no more than three years from the date of
lsSuance..Permits may be renewed amnually to a maximum ol three years upon
review and positive recomm endation by the Parking Hanageme nt Advisory
Board.Prior to City Commission_action on a rcngwyal_request,the Development
Services Director shall confirm_the permit_holder is in full compliance with_the
permit,including but_not_limited to,compliance with the site plan and any imposed
conditions.
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ORD.NO.12-24
6.The temporary parking lot shall be monitored for compliance with the approved
plan.Should the City Manager find that lf_the operation of a lot is not in
compliance with the approval or if the lot has an adverse effect on surrounding
properties,and the applemntis tunable or unwilling to rectify the problem the
permit may be reviewed by the City Commission for possible revocation.
7.,Within 30 days of expiration of the permit,all rock or gravel surfaces shall either
be removed or covered with top soil.The site shall then be sodded or landscaped
in compliance with the Land Development Regulations.as determined acceptable
by the Plamning and Zoning Department.
8.A temporary parking lot shall be constructed to the following specifications:
a.The parking lot surface shall be brought to grade with a dust-free surface of
one of the following materials six_inches_of mulch_or four inches of pcarock_
gravel_or river rock,over soil which has been compacted to 95 percent
maximum density per AASHTO T-180±
b.Four inches of pearoel,gravel or river rock;or
e.Six mnehes of mulch.
bd.H the lot is not operated on a l00 percent valet basis Lots_not_operated_on_@
100 percent valet_basis._,w Wheel stops shall be provided as a means to
indicate individual spaces.The size of the parking spaces,maneuvering arcas
and aisle widths shall be subject to the standards of Section 4.6.9(D)(4).In
addition,the parking lot shall meet the requirements of the "Florida
Accessibility Code for Building Construction"
ce.H the lot is operated on a I0)percent valet basisLots_operuted on_a_100
percent valet basis__.then w Wheel stops shall be provided at the edge of the
parking surface.
d£.The lot shall meet the requirements of Section 4.6.9(D)(3)for access to the
street system.Driveway aprons between the edge of pavement and the right-
of-way line shall be constructed of asphalt or concrete.
g.g.The parking lot perimeter shall be buffered with a minimum three feet wide
landscape strip,screened with a minimum two feet high hedge or four feet
high opaque fence.Mater for irrigation shall be available within 50 feet of
all landscape areas.The following perimeter landscape buffer requirements
apply to temporary parking lots:
i.Not_adjacent_to a_residential use._A_landscapc strip_at lgast_three feet
wide with a minimum two-foot-high hedge and four-foot opaque fence
is required.
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ORD.NO.12-24
ii_Adjacent_to @_residential use._A_landscape strip at least_three_feet_yide
with a_minimum four-foot-high hedge and six-foot opaque fence is
required_Additional landscaping may be required to address potential
impacts based on site specific conditions.
.1!.L lf a site plan is approved for the property proposed for a temporary
parking lot,the approved perimeter landscaping must be installed prior
to using the temporary parking lot.
LV.Water for irrigation must be available within 50 feet of all landscaped
areas.
Section 4.
repealed.
fh.If the parking lot is to be utilized at night the applicant shall provide onsite
Site lighting for the parking lot in compliance with photometric requirements
must bc provided if the site is utilized at_night.
g.±.Trees of four inches or greater in diameter at four and one-half feet above the
ground shall not be removed.
All ordinances or parts of ordinances in conflict herewith be,and the same are,hereby
Section5.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 6.
Section 7.
final reading.
Specific authority is hereby given to the City Clerk to codify this Ordinance.
This Ordinance shall become effective immediately upon its passage on second and
-
----,,,...~",<A-r~+--'~.0::º...':4..,.A'---N-D_A_o_o_r_T_~~o~~-regular session on second and final reading on this.,...u"day of,
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ORD.NO.12-24
inst Reading 5/7/2424
sevo Re«ie'Spai]2ca/
«-k,NA-
Thomas F.Carney,Jr.,Mayor
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ORD.NO.12-24