38-87 ORDINANCE NO. 38-87
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING C~APTER
30, "ZONING", OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, FLORIDA, BY
REPEALING SECTION 30-16 "SPECIAL SETBACK
PROVISIONS", SUBSECTION (H) AND ENACTING A
NEW SUBSECTION (H) TO ESTABLISH SPECIAL
LANDSCAPING REQUIREMENTS FOR FEDERAL HI~HWAY~
BY REPEALING SECTION 30-15 "SPECIAL SETBACK
PROVISIONS", SUBSECTION (K) AND ENACTING A
NEW SUBSECTION (K) TO ESTABLISH SPECIAL
L~/~DSCAPI~G REQUIP--~MENTS FOR WEST ATLANTIC
AVENUE~ PROVIDING A SAVING CLAUSE~ PROVIDING
A GENERAL REPEALER 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 Chapter 30, "Zoning", Section 30-16
"Special Setback Provisions", Subsection (H) of the Code of
Ordinances of the City of Delray Beach, Florida, is hereby
repealed, and a new Section 30-16 "Special Setback Provisions",
Subsection (H) is hereby enacted to read as follows:
(H) A special landscape setback shall be established on both
sides of the ultimate right-of-way of U.S. Highway No. 1
(State Road 5), including the one-way pairs Fifth and Sixth
Avenues, as established by Palm Beach County, extending from
the south City limits to the north City limits, except
within the Central Business District (CBD). The landscaped
setback shall be as follows:
Lot Depth Single Frontage Double Frontage
Up to 200 feet 10 feet 10 feet
Over 200 feet to 250 feet 15 feet 10 feet
Over 250 feet to 300 feet 20 feet 15 feet
Over 300 feet 25 feet 20 feet
In no case shall the landscaped setback be less than ten
(10) feet, nor shall the building setback be less than the
setback otherwise required in the district.' within this
landscaped area, no paving except for new car display as
provided by Section 30-12(N)(5)(a)(2)(c), structures or
walls shall be allowed except for driveways and walkways
leading to a structure on the premises. Such driveways and
walkways shall be allowed only when generally perpendicular
to the property line.
Section 2. That Chapter 30, "Zoning", Section 30-16
"Special Setback Provisions", Subsection (K) of the Code of
Ordinances of the City of Delray Beach, Florida, is hereby
repealed, and a new Section 30-16 "Special Setback Provisions",
Subsection (K) is hereby enacted to read as follows:
(K) A special landscape setback shall be established on both
sides of the ultimate right-of-way of West Atlantic Avenue
(State Road 806), as established by Palm Beach County, from
1-95 west to the City limits. This landscape setback shall
be the smaller distance of either thirty (30) feet or ten
percent (10%) of the average depth of the property. In no
case shall the landscaped area be less than ten (10) feet,
nor the building setbacks to be less than the setback
otherwise required in the district. Within this landscaped
area, no paving, structures, or walls shall be allowed
except for driveways and walkways leading to a structure on
the premises. Such driveways and walkways shall be allowed
only when generally perpendicular to the property line.
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.
Section 4. That all ordinances or parts of ordinances
in conflict herewith be and the same are hereby repealed.
Section 5. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED ANDADO~nPT~t~n regular~g!~°n on second and
final reading on this the day of , 1987.
ATTEST:
First Reading March 24, 1987
Second Reading April 14, 1987
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