12-78 ORDINANCE NO. 12-78
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING" OF THE CODE
OF ORDINANCES OF THE CITY OF DELRAY BEACH BY REPEALING
SECTION 29-17(J) (1) (2) AND (3) AND REPLACING SAID SUB-
SECTIONS WITH THOSE CONTAINED HEREIN RELATING TO SPECIAL
SETBACK REGULATIONS WHEN INDUSTRIALLY OR COMMERCIALLY
ZONED PROPERTY EITHER DIRECTLY ABUTS RESIDENTIALLY ZONED
PROPERTY OR WHERE INDUSTRIALLY OR COMMERCIALLY ZONED
PROPERTY IS NEAR BUT SEPARATED FROM RESIDENTIALLY ZONED
PROPERTY; FURTHER PROVIDING FOR METHODS OF SCREENING THE
INDUSTRIALLY OR COMMERCIALLY ZONED PROPERTY FROM THE
RESIDENTIALLY ZONED PROPERTY; 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 29-17(J)(1)(2) and (3) of the Code of
Ordinances is hereby repealed and a new Section 29-17(J)(1)(2)(3)(4) and (5)
are hereby inserted to read as follows:
(J) District Boundary Lines
Where a commercial or industrial zoning district is
adjacent to a residential zoning district the following
provisions shall apply:
(1) Commercial Requlations
(a) Where the rear or side of commercially zoned
property directly abuts residentially zoned
property without any division or separation be-
tween them, such as a street, alley, railroad,
waterway, park or other public open space, the
commercially zoned property shall provide a ten
(10) foot building setback from the property
line located adjacent to the residentially zoned
property.
In addition, either a solid finished masonry
wall six (6) feet in height, or a continuous
hedge at least four-and-a-half (4½) feet in
height at the time of installation, shall be
located inside and adjacent to that portion of
the boundary line of the commercially zoned pro-
perty, which directly abuts the residentially i
zoned property. If a wall is used, it shall have
only those openings as required by other City
codes to meet hurricane or severe storm con-
struction standards. No walkways or other
pedestrian ways shall be located through the
wall or hedge.
(b) Where the rear or side of commercially zoned
property does not directly abut residentially.
zoned property but is separated from it by an
alley, the commercially zoned property shall
provide a ten (10) foot building setback from
the property line located adjacent to the
separator.
In addition, either a solid finished masonry
wall six (6) feet in height, or a continuous
hedge at least four-and-one-half (4½) feet in
height at the time of installation, shall be
located inside and adjacent to that portion of
the boundary line of the commercially zoned
property, which directly abuts the residentially
zoned property. If a wall is used, it shall
have only those openings as required by other
City codes to meet hurricane or severe storm
construction standards. No walkways or other
pedestrian ways shall be located through the
wall or hedge.
A driveway of not more than twenty-four (24)
feet in width may be allowed through the wall,
even if the commercially zoned property has
access from some other right-of-way or street.
(2) Industrial Requlations
(a) Where the rear or side of industrially zoned
property directly abuts residentially zoned
property without any division or separator be-
tween them, such as a street, alley, railroad,
waterway, park, or other public open space,
the industrially zoned property shall provide
a sixty (60) foot building setback from the
property line located adjacent to the residen-
tially zoned property.
In addition, either a solid finished masonry
wall six (6) feet in height, or a continuous
hedge at least four-and-one-half (4½) feet in
height at the time of installation, shall be
located inside and adjacent to that portion of
the boundary line of the industrially zoned pro7
perry, which directly abuts the residentially
zoned property. If a wall is used, it shall
have only those openings as required by other
City codes to meet hurricane or severe storm
construction standards. No walkways or other
pedestrian ways shall be located through the
wall or hedge.
Within the rear or side sixty (60) foot build-
ing setback, parking and storage shall be
allowed, provided such storage does not exceed
the height of the barrier.
(b) Where the rear or side of industrially zoned
property does not directly abut residentially
zoned property, but is separated from it by a
street, alley, railroad, waterway, park, or
other public open space, the industrially zoned
property shall provide a fifty (50) foot build-
ing setback from the property line located
adjacent to the separator.
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In addition, either a solid finished masonry
wall six (6) feet in height, or a continuous
hedge at least four-and-one-half (4½) feet in
height at the time of installation, shall be
located inside and adjacent to that portion of
the boundary line of the industrially zoned pro-
perty, which directly abuts the residentially
zoned property. If a wall is used, it shall
have only those openings as required by other
City codes to meet hurricane or severe storm
construction standards. No walkways or other
pedestrian ways shall be located through the
wall or hedge.
A driveway of not more than twenty-four (24)
feet in width may be allowed through the wall
or hedge even if the industrially zoned proper-
ty has access from some other right-of-way or
street.
Within the rear or side fifty (50) foot build-
inq setback, parking and storage shall be
allowed, provided such storage does not exceed
the height of the barrier.
Where the rear of the industrially zoned pro-
perty directly abuts the combined Rights-of-
Way of 1-95 and the Railroad, or the 1-95
Right-of-Way, the wall or hedge will not be
necessary; but the landscaping requirements as
described in 2(c) must be followed.
(c) Where the rear or side of industrially zoned
property does not directly abut a residentiall~
zoned property, but is separated from it by the
combined 1-95 Right-of-Way and the Railroad
Right-of-Way, or the 1-95 Right-of-Way, the
industrially zoned property shall provide a
fifty (50) foot building setback from the pro- ~
perry line located adjacent to the right-of-way
line.
In addition, the following method of screening
shall be provided: a row of trees, located not
more than ten (10) feet apart with a minimum
height of eight (8) feet at the time of in-
stallation (except for Australian Pines which
shall be two (2) feet) planted in accordance
with the requirements of the City's Landscape
Ordinance (Chapter 15C), and shall be located
inside that portion of the boundary line of
the industrially zoned property which is adja-
cent to the residentially zoned property but
separated from it by 1-95 Right-of-Way.
Within the rear or side fifty (50) foot build-
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ing setback, parking and storage shall be
allowed, provided such storage does not
exceed the height of the barrier.
(d) Where the front of industrially zoned property
does not directly abut a residentially zoned
property, but is separated from it by a street,
alley, railroad, waterway, park or other public
open space, industrially zoned property shall
provide a thirty (30) foot building setback
from the property line located adjacent to the
separator.
This front thirty (30) foot building setback
shall be landscaped, and no paving shall be
permitted in the landscaped setback, except for
permissable driveways or walkways leading to a
structure.
(3) Landscape Setback Requlations
That any landscaping which is installed pursuant
to the requirements or alternatives provided in Sec-i
tion 29-17(J)(1) or (2) shall be maintained in
accordance with the requirements of the Landscape
Ordinance being Chapter 15C of the Code of Ordinances
of the City of Delray Beach. i
(4) Walls and Fences
That any walls which are installed pursuant to the
requirements or alternatives provided in Section 29-17
(J) (1) or (2) shall be maintained in good condition
and repair, so as to present a neat and orderly
appearance.
For additional regulations concerning walls and
fences, see Section 29-17(I).
(5) Minimum Requirements - Setbacks
The setback requirements set forth in Sections (J)
(1) and (2) above are to be construed as minimum
requirements. Should there be setback requirements
in other portions of this Zoning Code which are more
restrictive than the setbacks in Sections (J) (1)
and (2) above, then the more restrictive setbacks
shall apply.
Section 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.
Section 3. That this ordinance shall become effective ten days
after passage on second and final reading.
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PASSED AND ADOPTED in regular session on this the 24~h day
of July , 1978.
MAYOR
ATTEST:
City Clerk
First Reading July 10, 1978
Second Reading July 24, 1978
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