139-85 ORDINANCE NO. 139-8~
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30, 'ZON-
ING', OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA, BY AMENDING SECTION 30-15.3,
'PLANNED OFFICE CENTER', BY AMENDING SUBSECTION (E),
'LOT DIMENSIONS AND SITE AREA', BY PROVIDING THAT
THE REQUIREMENTS OF THAT SUBSECTION SHALL NOT BE
APPLICABLE WHERE AN APPLICATION FOR ZONING AND SITE
PLAN APPROVAL FOR A PROJECT TO THIS ZONING CATEGORY
HAD BEEN FILED WITH THE CITY BEFORE JUNE 1, 1985~ BY
AMENDING SUBSECTION (F), 'BUILDING SETBACKS', TO
PROVIDE THAT THE BUILDING SETBACK REQUIREMENTS SHALL
NOT BE APPLICABLE TO SITE PLANS PREVIOUSLY APPROVED
UNDER POI OR SAD ZONING, OR WHERE AN APPLICATION FOR
ZONING AND SITE PLAN APPROVAL UNDER POI WAS FILED
PRIOR TO JUNE 1, 1985~ PROVIDING A REPEALER CLAUSE~
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:
~.Cu~. That Section 30-15.3(E), 'Lot dimensions and
site area', of the Code of Ordinances of the City of Delray Beach,
Florida, be, and the same is hereby amended to read as follows:
(E) Lot dimensions and site area
Except where a site plan had been approved under POI or
SAD zoning
application for zoning approval under the POI zonino
categor~ then in effect, was filed with the City prior to
~une 1. 1985. the following requirements -s~all be
applicable. The minimum size parcel for development of
land zoned POC shall be three (3) acres. The minimum lot
size within a POC District shall not be less than one (1)
acre. It is the intent of this section that a parcel
zoned POC be under unified control and be not less than
three (3) acres in size, but that said parcel be planned
and constructed as a whole, or that it be planned as a
whole ~d constructed in &pproved phase~, each phase
consisting of not less than one (1) lot, and each lot
consisting of not less than one (1) acre. However, after
Planning and Zoning review, the City Council may approve
the separate development of a parcel which is less than
three (3) acres but ~ore than one (1) acre. The City
Council may grant the approval where it finds that~ the
development plan is consistent with the intent of this
zoning district, there exists good cause for not
aggregating the parcel with other properties to meet the
three (3) acre requirement, and the development and use
of the property is appropriate to the use of neighboring
properties.
~. That Section 30-15.3(F), 'Building setbacks',
of the Code of Ordinances of the City of Delray Beach, Florida, be, and
the same is hereby amended to read as follows:
(F) BUILDING SETBACKS
Except where a site plan had been approved under pOI or
SAD zoning, or an application for zonin~ and site olan
approval under the POI zonino cateuorv, then in effect.
was filed with the Cit~ prior to June 1. 1985. the
followina reouirements shall be apDlicable~
(1) Front 30 ft.
(2) Side (interior) 10 ft.
(3) Side (street) 30 ft.
(4) Rear 10 ft.
Provided, however, that when such property directiy abuts
a residential zoning district, such setback shall be at
least 25 feet.
All required setback areas shall be landscaped, except
for access streets and sidewalks needed to provide entry
to-external traffic.
· ~L~_~. That all ordinances or parts of ordinances
which are in conflict herewith are hereby repealed.
~;/%~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.
· ~21~_~. That this ordinance shall become effective ten
(10) days after its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the _iALh_ day of ___ January , 1986.
ATTEST:
First Reading. December 17, 1985
Second Reading_ January .14, 1986
2 ORD. NO. 139-85