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Delray Beach passes transient housing restriction

By Palm Beach Business.com

DELRAY BEACH — Final reading of an ordinance designed to crack down on transient housing in single-family neighborhoods passed Delray Beach city commissioners unanimously Tuesday evening.

The ordinance reduces the number of times a house or any part of a house may be rented during a year from six to three. The real target of the ordinance is drug and alcohol rehabilitation centers that have bought homes in residential neighborhoods to house their patients.

At the same time, commissioners tried to give some leeway to owners who rent their homes seasonally.

During a public hearing that lasted well over an hour, residents lined up to speak out in favor of the restriction. No one spoke in its favor, although the rehabilitation industry is expected to challenge the law in court. Court reporterss were present for the two meetings when commissioners considered the ordinance.

Said one resident: “These houses have no place in our residential neighborhoods. I implore you to enact this ordinance and other ordinances before you.”

Commissioners gave only limited comments about the proposal before voting on it. The gist: transient housing presents a threat to character of residential neighborhoods and court precedents support the type of regulation Delray is enacting.

Commissioners also approved final reading of other ordinances regarding rentals, including one that requires landlords to submit to the city copies of the lease form they are using and requires them to issue parking permits to their tenants.

In other business, commissioners approved their mid-year budget amendment that also patches the $3.2 million hole in the budget created when they decided against moving forward with a fire service fee. That fee was included in the original budget adopted back in September even though it had yet to be put on the books.

City Manager David Harden said he closed the gap with a $1 million transfer from the city’s reserves, the delay of most capital improvement projects, some unexpected increases in revenue and other moves. Harden also increased funding for the city attorney’s office because of additional work load and added personnel to code enforcement required by the tougher transient housing ordinance.

One project the city will move forward with: the renovation of the pavilion at the municipal beach. City Commissioner Tom Carney said the city should make the fixes because of city residents are raising money for the project and a contractor has promised to do the work at cost.

“The pavilion is just as much a landmark as any we have in the city,” Carney said.

Mayor Woodie McDuffie agreed: “This something that’s been needed for a long, long time.”

Also Tuesday, commissioners:

Denied an appeal by Off the Avenue to establish a sidewalk café south of the building it occupies in a city-owned, unimproved landscaping area adjacent to the sidewalk. City Manager David Harden originally rejected the request from the restaurant/bar because the area is not a sidewalk. Off the Avenue sits south of Atlantic Avenue on South Federal Highway.

Allowed the Delray Beach Public Library to hang two banners commemorating the library’s centennial. The banners, which are six feet by 21 feet each, will flank each side of the main entrance to the building on West Atlantic Avenue beginning in April. In granting the approval, commissioners asked the library to ensure the banners, which will remain in place for 12 months, are kept in good condition.

Approved a $2,614 change order to the concession stand project at Pompey Park after a lengthy debate about the wisdom of change orders. The change, needed because of additional work related to some structural damage uncovered during the course of construction, will be covered by a contingency fund included in the project’s original price tag.