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17-77 VOID ORDINANCE NO. 17-77 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY REPEALING SECTION 29-17 (J) (1) (2) AND (3) AND REPLACING SAID SUBSECTIONS WITH THOSE CONTAINED HEREIN RELATING TO SPECIAL SETBACK REGULATIONS. WHEN INDUSTRIALLY OR COMMERCIALLY.ZONED PROPERTY EITHER DIRECTLY ABUTS RESIDENTIALLY ZONED PROPERTY OR WHERE INDUSTRIALLY OR COMMERCIALLY ZONED PROPERTY IS NEAR BUT SEPARATED FROM RESIDENTIALLY ZONED PROPERTY; FURTHER PROVIDING FOR METHODS OF SCREENING THE INDUSTRIALLY OR COMMERCIALLY ZONED PROPERTY FROM THE RESIDENTIALLY ZONED PROPERTY; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 29-17 (J) (1) (2) and (3) of the Code of Ordinances is hereby repealed and a new Section 29-17 (J) (1) (2) (3) and (4) are hereby inserted to read as follows: (J) District Boqndary Lines Where a commercial or industrial zoning district is adjacent to a residential zoning district the fol- flowing provisions shall apply: (1) Commercial Regulations (a) Where the rear side of commercially zoned property directly abuts residen- tially zoned property without any division or separation between them, such as a street, alley, railroad, waterway, park, or other public open space, the commercially zoned property shall provide a ten (10) foot setback from the property line located adjacent to the residentially zoned property. This shall be a landscaped area. In addition to a solid finished masona~y wall, Shall be located inside and adjacent to, that portion of the boundary line of the commercially zoned property, which directly abuts the residentially zoned property. If a solid finished masonry wall is installed, it shall be six (6) feet high at the time of installation and may have only those openings as required by other city codes to meet hurricane or severe storm construction standards. No walkways or other pedestrian ways shall be located through this wall. (b)' Where the rear or side of commercially zoned property does not directly ab~t residentially zoned property but is separated from it by an alley, the commercially zoned property shall pro- vide a ten (10) foot building setback from the property line located adjacent to the separator. This shall be a landscaped area. In addition a solid finished masonry wall, shall be located inside and adjacent to, that portion of the boundary line of the commercially zoned property, which is adjacent to but separated from the residentially zoned property. If a Solid finished masonry wall is installed, it shall be six (6) feet high at the time of installation and may have only those openings as required by other city codes to meet hurricane or severe storm construction standards. A driveway of not more than twenty-four (24) feet in width shall be allowed through the wall, even if the commercially zoned property has access from some other right-of-way or street. (2) Industrial Regulations (a)'Where the rear or side of industrially zoned property directly abuts residentially zoned property without any division or separator between them, such as a street, alley, railroad, waterway, park, or other public open space, the industrially zoned property shall provide a sixty (60) foot building setback from the property line located adjacent to the residentially zoned property. .In addition a solid finished masonry wall, shall be located inside and adjacent to, that portion of the boundary line of the industrially zoned property, which directly abuts the residentially zoned property. If a solid finished masonry wall is installed, it shall be six (6) feet high at the time of installation and may have only those openings as required by other City codes to meet hurricane or severe storm con- struction standards. No walkways or other pedestrian ways shall be located through the wall. Within the rear or side sixty (60) foot building setback, parking and storage shall be allowed, provided such storage does not exceed the height of the barrier. (b) Where the rear or side of industrially zoned property does not directly abut residentially zoned property, but is separated from it by a street, alley, railroad, waterway, park, or other public open space, the industrially zoned property shall provide a fifty (50) foot building setback from the property line located adjacent to the seB~rator. In addition a solid finished masonry wall, shall be located inside and adjacent to that portion of the boundary line of the industrially zoned property which is adjacent to but separated from the residentially zoned property. VOID - 2 - Ord. NO. 17-77. If a solid finished masonry wall is installed, it shall be six (6) feet high at the time of installation and may have only those openings as required by other city codes to meet hurricane or severe storm construction standards. Within the rear or side fifty (50) foot building setback, parking and storage shall be allowed, provided such storage does not exceed the height of the barrier. A driveway of not more than twenty-four (24) feet in width shall be allowed through the wall, even if the industrially zoned property has access from some other right-of-way or street. VOID - 3 - Ord. No. 17-77. (c) Where the rear or side of industrially zoned property does not directly abut a residentially zoned property, but is separated from it by the 1-95 Right- of-Way, the industrially zoned property shall provide a fifty (50) foot building setback from the property line located adjacent to the right-of-way line. In addition the following method of screening shall be provided: a row of trees, located not more than ten (10) feet apart with a minimum height of eight (8) feet at the time of installation (except for Australian Pines which shall be ) and planted in accordance with the requirements of the City's Landscape Ordinance (Chapter 15C), shall be located inside that portion of the boundary line of the industrially zoned property which is adjacent to the residentially zoned property but separated from it by 1-95 Right-of-Way Within the rear or side fifty (50) foot building setback, parking and storage shall be allowed, provided such storage does not exceed the height of the barrier. (d) Where the front of industrially zoned property does not directly abut a residentially zoned property, but is separated from it by a street, alley, railroad, waterway, park or other public open space, industrially zoned property shall provide a thirty (30) foot bUilding setback from the property line located adjacent to the separator. This front thirty (30) foot building setback shall be landscaped, and no paving shall be permitted in the landscaped setback, except for permis- misable driveways or walkways leading to a structure. (3) Landscape Setback Requlations That any landscaping which is installed pur- suant to the requirements or alternatives provided in Section 29-17 (J) (1) or (2) shall be maintained in accordance with the require- ments of the Landscape Ordinance being Chapter 15C of the Code of Ordinances of the City of Delray Beach. - 4 - Ord. No. 17-77 VOID (4) Minimum Requirements - Setbacks The setback requirements set forth in Sections J (1) and (2) above are to be construed as minimum requirements. Should there be setback requirements in other portions of this Zoning Code which are more restrictive than the set- backs in Sections J (1) and (2) above, then the more restrictive setbacks shall apply. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction, to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That this ordinance shall become effective ten days after passage on second and final reading. PASSED AND ADOPTED in regular session on this the day of . , 1977. MAYOR ATTEST: City Clerk First Reading Second Readin~ - 5 - Ord. No. 17-77 VOID