O01-30ORDINANCE NO. O1-
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA
AMENDING THE LAND DEVELOPMENT
REGULATIONS, CHAPTER 2. "ZONING", SECTION 6.
E.7.g. "PAYMENT IN LIEU OF PARKING" AND
SECTION 11. L "LOCATION OF OFF-STREET
PARKING SPACES", TO AMEND THE "PAYMENT IN
LIEU OF PARKING" PROGRAM FOR THE CENTRAL
BUSINESS DISTRICT ZONING DISTRICT AND TO
ALLOW A "PAYMENT IN LIEU OF PARKING"
PROGRAM FOR OCEAN AVENUE EXTENDING WEST
FROM THE CENTRAL BUSINESS DISTRICT TO
SEACREST BOULEVARD; PROVIDING FOR
CONFLICTS, SEVERABILITY, CODIFICATION AND
AN EFFECTIVE DATE.
WHEREAS, the City's Land Development Regulations establish zoning districts
within the City and among other things, regulations designed to lessen congestion in the
streets and facilitate the adequate provision of parking spaces; and
WHEREAS, Chapter 2. "Zoning", Section 6.E.7.g. provides for the establishment of
a payment in lieu of parking option for developments within the Central Business District
and the city now desires to establish a formula for determining a specific fee when a property
cannot effectively, 'efficiently, or economically provide for all onsite parking
uirements; and
WHEREAS, the City Attorney has recommended adoption of a payment in lieu of
)arking payment schedule by Ordinance rather than by Resolution; and
WHEREAS, it is anticipated that future development within downtown Boynton
will increase the demand upon an already limited supply of on-and off-street public
parking resources which serves the downtown area; and
WHEREAS, the City Commission heretofore authorized a Shared Parking Study for
the downtown, which contained recommendations for the revision to applicable parking
requirements including the establishment of a payment in lieu of parking option; and
WHEREAS, compliance with the City of Boynton Beach parking space and lot
regulations may not be feasible for older properties and therefore discourage desirable
development and redevelopment of underutilized properties in the downtown area;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing whereas clauses
. and confirmed by the City Commission.
are true and correct and are now
Chapter 2. "Zoning" of the Land Development Regulations, subsection
Section 2.
6. E.7.g. (1) is hereby amended to read as follows:
(1) When the community redevelopment agency finds that the
~erty owner seeking an expansion cannot effectively, efficiently, or economically provide
.,~:,,,- ,~-,,,~, ~,~,~~-~*~^~ on site parking required for the expansion, the community redevelopment
agency may recommend to the City Commissionaeeep~ a payment in lieu of parking. The
payment shall be based on a formula ~*~*'~;~'*~ by
~ng *~-. - ...... .~ ....... ~ a~ ....... ~ ....... v ....... as a ................ ~v ......as set fo~h
in subs~tion 11. I. (4) of th~s Chapter. In approving or disapproving ~y pa~ent in lieu of
the City Co~ss/on shM1 use the same chteria used by ~e Comm~ity
as stated herein above.
Section 3. Chapter 2. "Zoning" of the Land Development Regulations, subsection
H. 16. is hereby amended to read as follows:
16. Except as provided for in Subsection I. (4) below, there shall
be provided, at the time of erection of any structure...
Section 4. Chapter 2. "Zoning" of the Land Development Regulations, Section
11. I. is amended to create a new subsection (4) to read as follows:
(4) The payment in lieu of parking option is applicable within the Central
Business District (hereinafter CBD) or' subsequent zoning districts established to
supplement or replace the CBD, and properties, and property assembled with
properties as one site, that front on that segment of Ocean Avenue extending west
from the CBD to Seacrest Boulevard.
A. Within this area at the time of any building construction,
expansion or modification that creates additional floor area, or except where
otherwise allowed in subsection C. off-street parking spaces shall be provided
as reqnired by Chapter 2. "Zoning" Section 11. H. and Section 6. E.
B. The area measured for purposes of this subsection shall only
include the floor area designed primarily for public use, and excluded floor
area for bathrooms, service and food preparation staff, outdoor waiting areas,
space limited to storage, and areas uninhabitable due to building code
requirements or other limitations.
C. Minor building expansions equal to or less than two parking
spaces shall be excluded from the requirements described in subsection A.
above, and for minor improvements that exceed the two-space limit but less
than 5% of the total area of existing improvements, only the increase in
building area shall be subject to the parking space requirements of subsection
A. above and subsection E. below.
D. Existing parking spaces shall not be eliminated if elimination
would result in fewer sl~aces being_p_r_9_vided for the exist_~gg_or new floor area
than required pursuant to subsection A. above.
E. The parking requirement set forth in this subsection may be
satisfied in whole or part by the payment of a nonrefundable
parking improvement fee in lieu of the provision of all, or a
portion of the required off-street parking spaces. Parking
improvement fees shall be assessed as follows:
$0 per space
$1,000 per space
$2,000 per space
$3,000 per space
$4,000 per space
$5,000 per space
$6,000 per space
$7,000 per space
Up to September 30, 2002
between October 1,2002 and September 30, 2003
between October 1, 2003 and September 30, 2004
between October 1, 2004 and September 30, 2005
between October 1, 2005 and September 30, 2006
between October 1, 2006 and September 30, 2007.
between October 1, 2007 and September 30, 2008
after October 1, 2008
The parking improvement fee shall be due and payable in full at the time that
the first building permit is issued for the construction, expansion, or
modification that creates the need for parking spaces or for additional parking
spaces, and in no event later than the time a certificate of occupancy or
occupational license is issued for the building or use subject to this Section.
Parking improvement fees shall be paid into the City of Boynton Beach
parking Trust Fund, and are subject to use by the City for parking related
improvements in the geographic area to which subsection (4) applies.
Section 5. All ordinances and resolutions of the City of Boynton Beach in
conflict with any provisions of this ordinance are hereby repealed.
Section 6. Should any section or provision of this Ordinance or any portion
thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not
the remainder of this Ordinance.
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Section 7.
Section 8.
Authority is hereby given to codify this Ordinance
This Ordinance shall become effective immediately.
READING this _ Iq dayofJune, 2001.
FINAL READING AND PASSAGE this
day of July, 2001.
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BkO~ee in lieu.doc
CITY OIJ? BOYI~,TO~N B~CH, FLORIDA
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