58-86 ORDINANCE NO. 58-86
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 30, "ZONING", OF THE
CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY
REPEALING SECTION 30-16 "SPECIAL SETBACK PROVISIONS",
SUBSECTION (H} AND ENACTING A NEW SUBSECTION (H) TO
ESTABLISH SPECIAL LANDSCAPING REQUIREMENTS FOR FEDERAL
HIGHWAY; BY REPEALING SECTION 30-16 "SPECIAL SETBACK
PROVISIONS", SUBSECTION (K) AND ENACTING A NEW SUBSECTION
(K) TO ESTABLISH SPECIAL LANDSCAPING REQUIREMENTS FOR
WEST ATLANTIC AVENUE; PROVIDING A SAVING CLAUSE; PRO-
VIDING A 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City of Delray Beach, Florida, is hereby repealed, and a new Section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 landscaped setback shall be established on both
sides of the ultimate rights-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).
This landscaped 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, however, 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, 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.
Provided, however, that in the case of double arterial
frontage lots, the above requirement may be reduced to the
greater distance of ten (10) feet or seven percent (7%) of
the average depth of the property, not to exceed twenty
(20) feet, along each 4rterial f~ontage.
Section 2. That Chapter 30 "Zoning", Section 30-16 "Special
Setback Provisions", Subsection (K) of the Code or 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City of Delray Beach, Florida, is hereby repealed, and a new Section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 setback of thirty (30) feet 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, extending from Swinton Avenue west to the
City limits. Within this setback the smaller distance of
either thirty (30) feet or ten percent (10%) of the
average depth of the property shall be used as a
landscaped area. In no case, however, shall the
landscaped area be less than ten (10) feet. 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.
Secti~ 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 ten days
after passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 23rd day of September , 1986..
MAYOR
A~EST:
First Reading September 9, 1986
Second Reading September z3,
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