47-89 ORDINANCE NO. 47-89
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE
XVII, "LAND USAGE", CHAPTER 173, "ZONING
CODE", "GENERAL REGULATIONS", SECTION
173.030, "SPECIAL SETBACK PROVISIONS",
SUBSECTION 173.030(P), BY ADDING "SCREEN
ENCLOSURES, AND ACCESSORY STRUCTURES IN REAR
YARDS" TO THE SHORT TITLE OF SUBSECTION
173.030 (P); BY AMENDING PARAGRAPH
173.030(P)(1), TO PROVIDE THAT THE MINIMUM
REAR SETBACK REQUIREMENT FOR SCREEN PORCHES
AS STATED THEREIN SHALL APPLY IN ALL RESIDEN-
TIAL ZONING DISTRICTS; BY ADDING A NEW
PARAGRAPH 173.030(P) (2) TO PROVIDE FOR A
REDUCTION OF THE REAR YARD SETBACK FOR SCREEN
ENCLOSURES AROUND SWIMMING POOLS AND OTHER
ACCESSORY STRUCTURES WHEN CERTAIN CRITERIA IS
MET AS PROVIDED THEREIN, AND TO PROVIDE THAT
ANY ACCESSORY STRUCTURE WHICH HAS A SOLID
ROOF SHALL NOT BE ALLOWED A HEIGHT GREATER
THAN THAT ALLOWED BY SECTION 173.031,
"STRUCTURES ALLOWED IN SETBACKS" OR SECTION
,
173.039, "WALLS, FENCES, HEDGES, AND THE
LIKE"; BY RENUMBERING PARAGRAPHS
173.030(P) (2) AND 173.030(P) (3) TO PARAGRAPHS
173.030(P) (3) AND 173.030 (P) (4); AND BY
ADDING A NEW PARAGRAPH 173.030 (P) (5) TO
PROVIDE THAT ANY CONFLICTS BETWEEN SUBSECTION
173.030(P) AND THE REGULATIONS AS SET FORTH
IN INDIVIDUAL RESIDENTIAL ZONING DISTRICTS
SHALL BE GOVERNED BY THE PROVISIONS OF
SUBSECTION 173.030(P); 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:
Section 1. That Title XVII, "Land Usage", Chapter 173,
"Zoning Code", "General Regulations", Section 173.030, "Special
Setback Provisions", Subsection 173.030(P), of the Code of
Ordinances of the City of Deiray Beach, Florida, be, and the same
is hereby amended to read as follows:
(P) Setbacks for screen porches, screen enclo-
sures, and accessory structures in rear yards
'sh~ll be as follows:
(1) In all ~ /~ /~M~ /~M~/ /~~
PRD~-~7-//~//~R~ residential zoning
districts, the minimum rear setback for
screen porches attached to residential
type buildings shall be ten feet whenev-
er at least 50 feet of open space, as
defined in division (2) below, separates
that rear property line from the next
rear property line directly across and
abutting the open space.
(2) Screen enclosures around swimming Dools
and o'theF accessory .strugtu~es may haye
~ zero rear ~ard setback whenever at
least fift~, feet ~50') of open space as
defined in ,sBbsection ,,(~) below sepa-
rates the rear ro"ert l~ne from the
line di across
property .. .rectly and
abutting the open .space. However~ this
subsection does not constitute a change
to provisions of section 173.031
(structures Allowed in Setbacks) or
Section 173.039 (Wails., .Fences~ Hedges
and the Like) in the interprgtation of
height restrictions. Any accessory
structure which has a solid roof shall
not be allowed a 'height..greater than
that allowed by the above sections.
(3) ~ For the purpose of this division (P),
open space shall mean any exterior open
area clear from the ground upward,
except as noted below, such as canals,
lakes, golf courses, parks, sidewalks,
streets, parking areas, bicycle paths,
and the like. If an area of open space
such as a golf course includes buildings
or structures utilized in connection
therewith, the reduced setback provision
contained in division (P) (1) above shall
still apply if there is a minimum of 50
feet between such buildings and struc-
tures, and the property line on which
the subject screen porch is to be
located.
(4) ~ In order to qualify for the reduced
setback provision of this division (P),
the open space must either consist of
common open space that is owned or
leased by the owners of residential
units within the subdivision of which
that open space is a part, or be dedi-
cated to the public, or restricted to
such open space use by covenants,
declarations,, easements, or deed re-
strictions in order to provide a reason-
able degree of assurance of the continu-
ity of the open space status of the
property.
(5) Any conflicts between this division (P)
and the regulations as set forth in
indi'vidual residential z0niD~_districts
shall be governed b~ the provisions of
this division (p). - '
section 2. That all ordinances or parts of ordinances
which are in conflict herewith are hereby repealed.
Section 3. 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.
2 - Ord. No. 47-89
Section 4. 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 26th day of September , 1989.
MAYOR
ATTEST:
First Reading September 1Z, 1989
Second Reading September 26. 1989
3 Ord. No. 4?°89