38-80 ORDINANCE NO. 38-80
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 BY REPEALING SECTIONS 30-5(N)(4) AND (5),
30-6(P) (3), 30-7(P) (3), 30-8(P) (3), 30-8.1(R) (9),
30-8.2(R) (9) AND 30-8.3(R) (9) AND ADDING IN EACH
ZONING DISTRICT AFFECTED THEREBY A NEW SUBSECTION
PROVIDING THAT SWIMMING POOLS UNDER CERTAIN
CONDITIONS MAY EXTEND INTO THE REAR AND SIDE
SETBACKS, THAT UNDER NO CIRCUMSTANCES WHEN SUCH
POOL EXTENSION IS PERMITTED SHALL A SCREENED OR
OTHER POOL ENCLOSURE BE ALLOWED BEYOND THE USUAL
SETBACK LINES; PROVIDING A SAVING CLAUSE; PROVIDING
kN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACh, FLORIDA, AS FOLLOWS:
Section 1o That Sections 30-5(N)(4) and (5), 30-6(P)(3), 30-7(P)(3),
30-8(P) (3), 30-8.1(R) (9), 30-8.2(R) (9) and 30-8.3(R) (9) of the Code of
Ordinances of the City of Delray Beach, Florida, are hereby repealed.
Section 2. That Chapter 30 "Zoning" of the Code of Ordinances of the
City of Delray Beach, Florida, is hereby amended by enacting new Subsections
30-5(N) (4), 30-6(P) (3~, 30-7(P) (3), 30-8(P) (3), 30-8.1(R) (9), 30-8.2(R) (9),
and 30-8.3(R) (9) to read as follows:
Swimming pools the top of which are no higher than grade
level may extend into the setback area but not closer than the
ten (10) feet to any rear or side property line, nor closer
than fifteenS(15) feet to any street right of way line.
Although swimming pools may extend into setback areas, under
no circumstances shall a screened or other pool enclosure be
permitted to encroach into such setback areas.
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 12th day of August , 1980.
'~M~YOR ~
LEON M. WEEKES
ATTEST:
~/ City Clerk
First Reading July 22, 1980
Second Reading August .12t 1980