05-89 F A I L E D = 1-10-89
ORDINANCE NO. 5-89
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE
17, "LAND USAGE", CHAPTER 172, "SUBDIVISION
CODE", OF THE CODE OF ORDINANCES OF THE CITY
OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION
172.21, "BLOCK AND LOT STANDARDS", BY ADDING
A NEW SUBSECTION (C), "FLAG LOTS", TO PROVIDE
FOR THE DEFINITION OF AND SUBDIVISION
REGULATIONS FOR FLAG LOTS; BY FURTHER
AMENDING CHAPTER 172, "SUBDIVISION CODE", OF
THE CODE OF ORDINANCES OF THE CITY OF DELRAY
BEACH, FLORIDA, BY AMENDING SECTION 172.16,
"STREETS" BY REPEALING SUBSECTION
172.16(0)(4) IN ITS ENTIRETY; PROVIDING A
GENERAL REPEALER CLAUSE; PROVIDING A SAVING
CLAUSE; PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
~ That Title 17, "Land Usage", Chapter 172,
"Subdivision Code", Section 172.21, "Block and Lot Standards", of
the Code of Ordinances of the City of Delray Beach, Florida, be,
and the same is hereby amended by adding a new subsection (C),
"Flag Lots", to read as follows:
(C) Flag Lots.
(1) A flag lot is an irregularly shaped
lot which consists of a "pole"
which provides frontage on a public
or private street and the "flag"
which is the buildable portion of
the flag lot. A flag lot subdivi-
sion includes the flag lot and the
lot adjacent to the "pole" and
located between the "flag" and the
street. This lot is called the
"front lot". The minimum site area
and lot dimensions of a flag lot
subdivision shall be per the zoning
code (Section 173. 093).
(2) The minimum width of the "pole"
shall be twenty-five feet (25') of
which the driveway shall be a
minimum of fifteen feet (15') and a
minimum of five feet (5') shall be
provided on each side of the
driveway for drainage and landscap-
ing purposes.
(3) The creation of a flag lot shall be
accomplished only through the
process of platting.
(4) In determining whether or not to
approve a flag lot subdivision,
special consideration shall be
given to the safety of vehicular
ingress and egress. Considerations
shall include:
- the spacing of driveways:
- the location of adjacent and
opposing driveways;
- horizontal and/or vertical
curve radius along the abut-
ting roadway;
- sight distance considerations.
If, in the opinion of the City
Engineer, an inappropriate situa-
tion is created by the existence of
the driveway in the pole and the
driveway for the front lot, he
shall require that access to both
lots be from the pole. In this
circumstance, an access easement
and provisions for maintenance of
the common access shall be provided
as a part of the plat.
(5) The common boundary between the
pole and the front lot shall have
special treatment which consists of
one or more of the following:
- a screening hedge with a
height not to exceed three
feet (3') within the front
yard area as measured from the
street; and/or,
- a wall or fence with a height
not to exceed three feet (3')
within the front yard area as
measured from the street;
and/or,
- a landscaping treatment as
approved by the Community
Appearance Board.
In addition, a limited access
easement shall be provided along
this boundary. Such easement shall
be controlled by the City.
(6) Utilities to serve the flag shall
be provided through the pole and
not across other private property
unless otherwise specifically
approved by the City Engineer. A
fire hydrant shall be installed by
the driveway of the pole, or at an
equally suitable location as
determined by the Fire Marshal.
This latter requirement may be
waived by Fire Marshal if he deems
it is not necessary for adequate
fire suppression.
~ That Title 17. "Land Usage", Chapter 172,
"Subdivision Code", Section 172.16, "Streets", of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same
is hereby amended by repealing Subsection 172.16(0)(4) in its
entirety.
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~ That all ordinances or parts of ordinances
in conflict herewith be, and the same are hereby repealed.
~ 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.
~ That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and
final reading on this the day of .... 1989.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
F A I L E D - 1-10-89
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