55-84 ORDINANCE NO. 55-84
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, FLORIDA, BY
RE.PEALING SECTION 30-16 "SPECIAL SETBACK PROVISIONS" (M)
RELATING TO ESTABLISHING A SETBACK OF THIRTY (30) FEET ON
BOTH SIDES OF LINTON BOULEVARD, AND ENACTING A NEW SEC-
TION 30-16 "SPECIAL SETBACK PROVISIONS" (M) RELATING TO
ESTABLISHING A SETBACK OF THIRTY (30 } FEET ON BOTH SIDES
OF LINTON BOULEVARD; AMENDING SECTION 30-16 (N) TO RE-
LETTER SAID SUBSECTION AS SECTION 30-16 (P); ENACTING A
NEW SECTION 30-16 (N) TO ESTABLISH A SETBACK OF THIRTY
(30) FEET ON BOTH SIDES OF CONGRESS AVENUE; AND ENACTING
A NEW SECTION 30-16 (O) TO ESTABLISH A SETBACK OF THIRTY
(30) FEET ON BOTH SIDES OF MILITARY TRAIL; PROVIDING A
SAVING CLAUSE; PROVIDING FOR REPEAL OF ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH; 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 (M) "Special
Setback Provisions" of the Code of Ordinances of the City of Delray Beach,
Florida, is hereby repealed and a new Section 30-16 (M) is hereby enacted
to read as follows:
(M) A special setback of thirty (30') feet shall be
established on both sides of the ultimate right-of-
way of Linton Boulevard, as established by Palm
Beach County, extending from A-1-A west to the City
limits. Within this setback the smaller distance of
either thirty (30') feet or ten (10%) percent 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.
Section 2. That Chapter 30 "Zoning", Section 30-16 (N) "Setbacks
For Screen Porches" of the Code of Ordinances of the City of Delray Beach,
Florida, is hereby amended to read as follows:
%~ (P) Setbacks For Screen Porches
(1) In the RM-6, RM-10, RM-15, PRD-4, PRD-7, and
PRD-10 residential zoning districts, the min-
imum rear setback for screen porches attached
to residential type buildings shall be ten (10)
feet whenever at least fifty (50) feet of open
space, as defined in Section 30-16 %~} (P) (2),
separates that rear property line from the next
rear property line directly across and abutting
said open space.
(2) For the purpose of this subsection, open space
shall mean any exterior open area clear from
the ground upward, except as noted below, such
as canals, lakes, golf courses, parks, side-
walks, 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 Section 30-16
~N% ~PI (1) shall still apply if there is a
minimum of fifty (50) feet between such build-
ings and structures, and the property line on
which the subject screen porch is to be locat-
ed.
(3) In order to qualify for the reduced setback
provision of Section 30-16 ~N+ (P.), the open
space must either (1) 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 (2) be
dedicated to the public, or restricted to such
open space use by covenants, declarations,
easements, or deed restrictions in order to
provide a reasonable degree of assurance of the
continuity of the open space status of the
property.
Section 3. That Chapter 30 "Zoning", Section 30-16 "Special
Setback Provisions" of the Code of Ordinances of the City of Delray Beach,
Florida, is hereby amended by enacting a new subsection (N) to read as
follows:
(N) A special setback of thirty (30') feet shall be
established On both sides of the ultimate right-of-
way of Congress Avenue, as established by Palm Beach
County, from the LWDD Canal No. 38 northward to the
LWDD Canal No. 30. Within this setback the smaller
distance of either thirty (30') feet or ten (10%)
percent 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 perpeadicular to the
property line.
Section 4. That Chapter 30 "Zoning", Section 30-16 "Special
Setback Provisions" of the Code of Ordinances of the City of Delray Beach,
Florida, is hereby amended by enacting a new subsection (O) to read as
follows:
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(O) A special setback of thirty (30') feet shall be
established on both sides of the ultimate right-of-
way of Military Trail (S.R. 809), as established by
Palm Beach County, from the LWDD Canal No. 38 north-
ward to the LWDD Canal No. 30. Within this setback
the smaller distance of either thirty (30') feet or
ten (10%) percent of the average depth of the prop-
erty 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.
Section 5. That should any section or provision of this ordi-
nance 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 6. That all ordinances or parts of ordinances which are
in conflict herewith are hereby repealed.
Section 7. That this ordinance shall be effective ten (10) days
after its passage on second and final reading; provided, however, that the
provisions set forth herein shall be applicable only to those properties,
projects, or developments that have not received final site plan approval
from the City Council as of the date of the second and final reading of
this ordinance.
PASSED AND ADOPTED in regular session on second and final reading
on this the 2?th day of November ., 1984.
ATTEST:
CitY' Clerk
First Reading November 13~ 1984
Second Reading November 27~ 1984
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