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File #: 26-0289    Version: 1 Name:
Type: Ordinance Status: Agenda Ready
File created: 2/25/2026 In control: City Commission
On agenda: 4/7/2026 Final action:
Title: ORDINANCE NO. 21-26: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH CODE OF ORDINANCES SECTION 4.3.3 “SPECIFIC REQUIREMENTS FOR SPECIFIC USES", BY AMENDING SUBSECTION (ZZZ), "TRANSIENT RESIDENTIAL USES", TO ELIMINATE PROVISIONS PREEMPTED BY THE STATE; AMENDING SECTION 4.4.6 MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT, SUBSECTION (B), "PRINCIPAL USES AND STRUCTURES PERMITTED", TO ADD A REFERENCE TO SECTION 4.3.3 (ZZZ) “SPECIFIC REQUIREMENTS FOR SPECIFIC USES" FOR TRANSIENT RESIDENTIAL USES; AMENDING APPENDIX “A", DEFINITIONS", TO ELIMINATE INCONSISTENCIES IN THE CURRENT DEFINITION FOR "TRANSIENT RESIDENTIAL USES" WITH STATE STATUTES; PROVIDING A CONFLICTS CLAUSE; A SEVERABILITY CLAUSE; AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. (FIRST READING / PUBLIC HEARING)
Sponsors: Development Services Department
Attachments: 1. Agenda Cover Report, 2. Ord. No. 21-26 Transient Residential Uses, 3. Staff Report, Transient Residential Uses, 4. 3IP0217-Memo to Gelin Lynn Re Vacation Rental Preemption (June 21 2021) with exhibits, 5. Legal Review, Ordinance No. 21-26, 6. Proof of Legal Ad, Ordinance No. 21-26
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
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TO: Mayor and Commissioners
FROM: Anthea Gianniotes, Development Services Department
THROUGH: Terrence R. Moore, ICMA-CM
DATE: April 7, 2026

Title
ORDINANCE NO. 21-26: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH CODE OF ORDINANCES SECTION 4.3.3 “SPECIFIC REQUIREMENTS FOR SPECIFIC USES", BY AMENDING SUBSECTION (ZZZ), "TRANSIENT RESIDENTIAL USES", TO ELIMINATE PROVISIONS PREEMPTED BY THE STATE; AMENDING SECTION 4.4.6 MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT, SUBSECTION (B), "PRINCIPAL USES AND STRUCTURES PERMITTED", TO ADD A REFERENCE TO SECTION 4.3.3 (ZZZ) “SPECIFIC REQUIREMENTS FOR SPECIFIC USES" FOR TRANSIENT RESIDENTIAL USES; AMENDING APPENDIX “A", DEFINITIONS", TO ELIMINATE INCONSISTENCIES IN THE CURRENT DEFINITION FOR "TRANSIENT RESIDENTIAL USES" WITH STATE STATUTES; PROVIDING A CONFLICTS CLAUSE; A SEVERABILITY CLAUSE; AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. (FIRST READING / PUBLIC HEARING)

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Recommended Action:
Recommendation
Consider Ordinance No. 21-26, a City-initiated amendment to eliminate provisions related to Transient Residential Uses that are in in conflict with Florida Statutes, by amending Section 4.3.3, “Specific Requirements for Specific Uses,” Section 4.4.6, “Medium Density Residential (RM) District,” and Appendix A, “Definitions” of the Land Development Regulations (LDR).

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Background:
On July 7, 2009, the City adopted Ordinance No. 29-09 to regulate Transient Residential Uses (TRUs) to address their proliferation and potential negative impacts on the character of single family communities. It was determined that a dwelling unit that has a turnover in occupancy of more than six times in any one year is considered a non-residential use. The language included provisions that allowed TRUs in the Medium Density Residential (RM) District, however they were prohibited in Si...

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