§ 2.06.10. Central business district exclusion.  


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  • The following described amended area shall be known as the central business district for the provision of off-street parking spaces, and shall be exempt from furnishing parking facilities, as required by this ordinance. This exemption is made because of the traditional exclusion from providing parking in central business districts and the existing development within the district. Property owners, however, are encouraged to provide off-street parking space whenever possible.

    A line commencing from the middle of Flagler Avenue at SR 100 going south to the centerline of South 5th Street then east on the centerline of South 5th Street, past South Central Avenue, then going south across the block to the point of the General Commercial Zoning, ending at the center line of South 10th Street, eastward to SR A1A and commencing from the middle of Flagler Avenue at SR 100 going north to the center line of North 3rd Street, then east to the point of the Commercial Zoning, then going north, ending at the centerline of North 10th Street, then east to SR A1A, according to the plat thereof recorded in Public Records of Flagler County, Florida.

    (a)

    The foregoing exclusion shall not apply to existing parking spaces. Property or business owners within the district cannot remove any existing parking spaces. Property and business owners in the district may temporarily block off parking spaces in conjunction with special events.

    (b)

    The foregoing exclusion shall not apply to any new construction within the Central Business District.

    Section 2.06.10.1 Central Business District Exemption Area.

    (a)

    The following described area shall be known as the Central Business District Parking Exemption Area:

    A line commencing from the westerly right-of-way boundary of South Flagler Avenue at SR 100 going south to the centerline of South 5th Street then east on the centerline of South 5th Street, past South Central Avenue, then going south across the block to the point of the General Commercial Zoning, ending at the center line of South 10th Street, eastward to SR A1A and commencing from the middle of Flagler Avenue at SR 100 going north to the center line of North 3rd Street, then east to the point of the Commercial Zoning, then going north, ending at the centerline of North 10th Street, then east to SR A1A, according to the plat thereof recorded in Public Records of Flagler County, Florida.

    Section 2.06.10.2 New Construction Parking Exemption Zone.

    The following described area located within the Central Business District Parking Exemption Area shall be known as the New Construction Parking Exemption Zone:

    North Zone

    A line commencing from the middle of N. Flagler Avenue at SR 100, then north to North 2nd Street, then east to Central Avenue to the point of the General Commercial Zoning District, then north to N. 3rd St., then east to the point of the General Commercial Zoning, then north to N. 4th St. then east ending at A1A, then south to SR100, then west ending at the centerline of N. Flagler Ave.

    South Zone

    A line commencing from the westerly right-of-way line South Flagler Avenue at SR 100 going south to the centerline of South 5th Street then east on the centerline of South 5th Street past Central Avenue, to the point of the General Commercial Zoning, then south to S. 10th St., then east to A1A, then north to SR100, then west ending at the westerly line of South Flagler Ave.

    (a)

    Non-residential properties located within the Central Business District Parking Exemption Area but not located within the New Construction Parking Exemption Zone shall be exempt from requirements that would require creation of new on-site parking facilities otherwise required by these Land Development Regulations when any proposed alteration of the property does not involve new construction, as defined in Section 2.02.00 of these Land Development Regulations, and when all conditions and restrictions provided in paragraph (e) herein are satisfied.

    (b)

    Non-residential properties located within the Central Business District Parking Exemption Area and also within the New Construction Parking Exemption Zone shall be exempt from requirements that would require creation of new on-site parking facilities otherwise required by these Land Development Regulations when any alteration of the property, including new construction, as defined in Section 2.02.00 of these Land Development Regulations, is proposed and when all conditions and restrictions provided in paragraph (d) herein are satisfied. Downtown Core Parking Zone

    (c)

    Off Site Parking Lease (Existing business) - A business engaged in a lease and located within the New Construction Parking Exemption Zone shall be eligible to participate in the On-Street Parking Pool should the agreement be terminated solely when initiated by the owner of the property utilized for the associated business' parking.

    (d)

    The exemption provided herein from on-site parking requirements shall not apply to existing on-site parking facilities and shall only be applicable when:

    (i)

    Available on-street parking spaces exist within the Central Business District On-Street Parking Pool as calculated pursuant to Section 2.06.10.3 herein;

    (ii)

    Existing on-site parking spaces on the property proposed for alteration are retained;

    (iii)

    Any proposed development includes additional on-site parking spaces to the greatest extent possible.

    (iv)

    Mixed Use Buildings - All required residential parking spaces shall be provided on-site unless otherwise provided for in Appendix "A" Land Development Regulations.

    Section 2.06.10.3 Downtown Core On-Street Parking Pool.

    (a)

    The City shall establish a Downtown Core On-Street Parking Pool and establish and maintain a calculation of available on-street public parking spaces within the designated New Construction Parking Exemption Zone per the exemptions provided in Section 2.06.10.2 to ensure and track the availability of on-street parking facilities.

    (b)

    As of the effective date of this Ordinance, the City estimates that two hundred thirty-three (233) on-street public parking spaces within the New Construction Parking Exemption Zone are available for application toward the exemptions provided in Section 2.06.10.2.

    i.

    Parking Pool space availability - Shall be restricted to the zone in which the proposed new construction is located.

    a.

    North Zone - 55 spaces

    b.

    South Zone - 178 spaces

    (c)

    Upon any property qualifying for either exemption provided in Section 2.06.10.2 the number of on-site parking spaces which would otherwise be required by these Land Development Regulations but for such exemption shall be removed from the Central business district exemption area On-Street Parking Pool.

    (d)

    In the event that the use or development upon any property which has claimed an exemption pursuant to Section 2.06.10.2 is changed in a manner to decrease the number of parking spaces required from the Central Business District On-Street Parking Pool, that number of off-site parking spaces shall be returned to the Pool.

    (e)

    In the event that the number of parking spaces remaining in the Central Business District On-Street Parking Pool are inadequate to satisfy the number of on-street spaces needed for a proposed alteration of a property, said property shall not be eligible for the exemptions provided by Section 2.06.10.2.

(Ord. No. 2018-03, § 3, 2-22-2018)