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ORDINANCE NO. 560
AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF OCEAN RIDGE, FLORIDA, AMENDING THE CODE OF ORDINANCES, CHAPTER 1, SECTION 1-3, AMENDING THE DEFINITION OF RESIDENTIAL AREA AND ADDING THE DEFINITIONS OF TRANSIENT HOUSING UNIT AND VACATION RENTAL OR UNIT; AMENDING CHAPTER 64, ARTICLE I, SECTIONS 64-1, 64-2 AND 64-4, AND AMENDING CHAPTER 64, ARTICLE II, SECTION 64-22, PROVIDING FOR PROHIBITED USES IN RESIDENTIAL ZONING DISTRICTS; PROVIDING FOR CODIFICATION; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, since at least 1969 it has been and continues to be the desire of the residents of the Town of Ocean Ridge and the official policy of the Town Commission of the Town of Ocean Ridge that Ocean Ridge be a residential community; and
WHEREAS, since 1969 the Town’s Code of Ordinances has prohibited commercial uses in the Town except as grandfathered; and
WHEREAS, all commercial uses which existed in the Town as of 1969 have been amortized and have been and are required to cease their commercial use of property in the Town at certain specified periods of time; and
WHEREAS, among the non-residential uses of property prohibited by the Town Code are short-term rentals of less than thirty (30) days in duration; and
WHEREAS, the Town Commission has determined that short-term rentals of any residential properties, whether single-family, duplex or multiple family, are inconsistent with and contrary to the residential character of the Town of Ocean Ridge; and
WHEREAS, efforts have been made and are being made to lease single-family residences in the Town of Ocean Ridge for short periods of time for gain or profit; and
WHEREAS, such short-term rentals are inconsistent with the residential character of the Town of Ocean Ridge and are not in the best interests of the health, safety and welfare of the residents of the Town of Ocean Ridge; and
WHEREAS, the Town of Ocean Ridge finds that it is in the best interest of the Town and its residents to more clearly state in its Code of Ordinances what constitutes improper and prohibited non-residential uses of property within the Town.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF OCEAN RIDGE, FLORIDA:
Section 1. Amendment.
Chapter 1, Section 1-3, of the Code of Ordinances of the Town of Ocean Ridge, is hereby amended to revise the definition of Residential Area and to add the definitions of Transient Housing Unit and Vacation Rental or Unit as follows:
* * * Residential area means an area of land whose use is designated to provide only permanent housing, excluding all tourist accommodations, which include, but are not limited to hotels, motels, apartment hotels, space for parking a recreational vehicle, trailer or mobile home (except as otherwise expressly provided in this Code), etc. * * * Transient Housing Unit means a housing unit used for transient housing such as a hotel or motel room, public lodging establishment, rooming house, vacation rental, room, or, except as otherwise expressly provided in this Code, space for parking a recreational vehicle, trailer or mobile home. * * * Vacation Rental or Unit means an attached or detached dwelling unit that is rented, leased, subleased or assigned for periods of less than (thirty) 30 days duration. Section 2. Amendment.
Chapter 64, Article I, Section 64-1 is hereby amended to add a new Section 64-1(c) as follows:
(c) Prohibited uses. The following uses are specifically prohibited in the single-family residential districts: (1) Commercial uses. (2) Transient housing units. (3) Vacation rentals or units. (4) Any other use not specifically provided for in this Code. Existing subparagraphs (c) (Special exceptions subject to town commission approval) and (d) (Land development criteria, and designation of building “front”.) are hereby renumbered as subparagraphs (d) and (e) respectively.
Section 3. Amendment.
Chapter 64, Article I, Section 64-2 is hereby amended to add a new Section 64-1(c) as follows:
(c) Prohibited uses. The following uses are specifically prohibited in the medium density multiple family residential district: (1) Commercial uses. (2) Transient housing units. (3) Vacation rentals or units. (4) Any other use not specifically provided for in this Code. Existing subparagraphs (c) (Special exceptions) and the remaining subparagraphs of Section 64-2 are hereby appropriately renumbered respectively.
Section 4. Amendment.
Chapter 64, Article I, Section 64-4 is hereby amended to add a new Section 64-4(c) as follows:
(c) Prohibited uses. The following uses are specifically prohibited in the high density multiple family residential district: (1) Commercial uses. (2) Transient housing units. (3) Vacation rentals or units. (4) Any other use not specifically provided for in this Code. Existing subparagraphs (c) (Special exceptions) and the remaining subparagraphs of Section 64-4 are hereby appropriately renumbered respectively.
Section 5. Amendment.
Chapter 64, Article II, Section 64-22 is hereby amended to include a new Section 64-22(5) as follows:
(5) Prohibited uses. The following uses are specifically prohibited in planned residential developments: a. Commercial uses. b. Transient housing units. c. Vacation rentals or units. d. Any other use not specifically provided for in this Code. Section 6. Codification. This ordinance shall be codified in the Code of Ordinances of the Town of Ocean Ridge, Florida.
Section 7. Severability. If any word, clause, sentence, paragraph, section or part thereof contained in this Ordinance is declared to be unconstitutional, unenforceable, void or inoperative by a court of competent jurisdiction, such declaration shall not affect the validity of the remainder of the Ordinance.
Section 8. Repeal. All Ordinances or parts of Ordinances in conflict herewith shall be and the same are hereby repealed.
Section 9. Effective Date. This Ordinance shall become effective immediately upon adoption.
FIRST READING this 3rd day of October, 2005.
SECOND AND FINAL READING this 7th day of November, 2005.
Commissioner ___________________ offered the foregoing Ordinance and its adoption. The motion was seconded by Commissioner ______________________ and upon being put to a vote, the vote was as follows:
KENNETH M. KALEEL, Mayor GEOFFREY A. PUGH, Vice Mayor DR. LYNN L. ALLISON, Commissioner ELIZABETH P.B. BINGHAM, Commissioner NANCY L. HOGAN, Commissioner
The Mayor thereupon declared this Ordinance approved and adopted by the Town Commission of the Town of Ocean Ridge, Florida, on second reading, this 5th day of December, 2005.
TOWN OF OCEAN RIDGE
BY:__________________________ KENNETH M. KALEEL, MAYOR
ATTEST: ______________________ TOWN CLERK
I:\Client Documents\Ocean Ridge\904-000\Misc\Ordinance - Def. Residential Area and Additions.doc |
