§ 47-12.7. Central beach parking facility fee.

A.

A person who applies for and receives a beach development permit which includes a requirement for the provision of parking may, as an alternative to providing all or a portion of the required parking, pay a parking facility fee as follows:

1.

The applicant may provide up to one hundred percent (100%) of the total required parking by payment of the fee provided in this subsection A.1 when:

a.

The number of parking spaces required in connection with the beach development permit does not exceed 50; or

b.

The number of parking spaces required in connection with the beach development permit added to the number of required parking spaces existing on the parcel(s) at the time the application for a beach development permit is submitted does not exceed 50.

2.

The applicant may provide up to 50 parking spaces and up to fifty percent (50%) of the required parking spaces over 50 spaces by payment of the fee provided in this subsection A.2 when:

a.

The number of parking spaces required as a result of the beach development permit exceeds 50; or

b.

The number of parking spaces required as a result of the beach development permit added to the number of required parking spaces existing on the parcel(s) at the time the application for a beach development permit is submitted exceeds 50.

3.

This subsection shall not be applicable to beach development permits for residential development.

4.

The amount of the fee that may be paid as an alternative to providing required parking shall be established by resolution. The amount of this fee shall be reviewed on a yearly basis by the planning, zoning and building department and may be adjusted by the city commission based on estimates of the actual cost of providing parking spaces in the central beach area.

5.

The fee shall be paid at the time of issuance of the certificate of occupancy for the development.

6.

All fees collected shall be deposited into an account designated for the provision of parking spaces in the central beach area and such funds shall only be used for such purposes. These purposes may include, but not be limited to, the cost of all labor and materials; the cost of land, leases, rights, easements and franchises; financing charges; interest prior to and during construction; discount on the sale of municipal bonds; cost of plans and specifications; cost of engineering and legal services and all other expenses necessary or incidental to determining the feasibility or practicability of such construction, reconstruction or use, administrative expenses and such other expense as may be necessary or incidental to the provision of public parking spaces.

7.

The city may, within its sole discretion, accept an interest in land in lieu of accepting all or a portion of the parking facility fee provided in this section. In making a determination whether to accept land as an alternative to the fee the city may consider the size of the land and the feasibility of constructing a parking facility on the land; the location of the land and its proximity to the parking needs on the central beach area; and the value of the land which shall be at least equal to the parking facility fee that would be assessed. The land may only be accepted if utilized in connection with the provision of parking in the central beach area. Acceptance of an interest in land in lieu of payment of the parking facility fee shall be by resolution adopted by the city commission.

(Ord. No. C-97-19, § 1(47-12.9), 6-18-97; Ord. No. C-01-10, § 1, 4-5-01)