34-80 ORDINANCE NO. 34-80
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 AMENDING SECTION 30-16, "SPECIAL SETBACK PROVISIONS",
TO ADD A NEW SUBSECTION (N) PROVIDING FOR MINIMUM REAR
SETBACKS OF 10 FEET FOR SCREENED PORCHES IN CERTAIN
RESIDENTIAL ZONING DISTRICTS WHENEVER AT LEAST 50 FEET OF
OPEN SPACE SEPARATES THAT REAR PROPERTY LINE FROM THE
NEXT REAR PROPERTY LINE DIRECTLY ACROSS AND ABUTTING SAID
OPEN SPACE; PROVIDING FOR A DEFINITION OF OPEN SPACE FOR
THE PURPOSES OF THIS SUBSECTION; REQUIRING THAT TO QUALI-
FY~ SUCH OPEN SPACE MUST EITHER CONSIST OF COMMON OPEN
SPACE OR BE DEDICATED TO THE PUBLIC OR RESTRICTED TO OPEN
SPACE USE BY COVENANTS, DELCARATIONS, EASEMENTS OR DEED
RESTRICTIONS~ 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:
Section 1. That Section 30-16 "Special Setback Provisions", of
the Code of Ordinances of the City of Delray Beach, Florida, is hereby
amended by adding a new Subsection (N) to read as follows:
(N) (1) In the following residential zoning districts: RM-6,
RM-10, RM-15, PRD-4, PRD-7, and PRD-10, the minimum
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(N)(2), separates that rear property line from the
next rear property line directly across and abutting
said open space.
(2) For the purposes 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, 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 Section 30-16(N)(1) shall still
apply if there is a minimum of 50 feet between such
buildings and structures and the property line on which
the subject screen porch is to be located.
(3) In order to qualify for the reduced setback provision
of Subsection 30-16(N), 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 2. That all structures which have been constructed or
are under construction in compliance with Subsection 30-16(N) are hereby
ratified and confirmed.
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 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 22nd day of July , 1980.
M A Y O R
LEON M. WEEKES
ATTEST:
' j C%lty Clerk
First Reading July 8, 1980
Second Reading July 22, 1980
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