31-78 ORDINA/~CE NO. 31-78
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELKAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING"
OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY
BEACH, FLORIDA, BY AMENDING SECTION 29-1
"DEFINITIONS" TO ADD SWIMMING POOLS; AMENDING
SECTION 29-5(N) BY ADDING A SUBSECTION (4);
AMENDING SECTIONS 29-6(P), 29-7(P), 29-8(P) BY
ADDING A NEW SUBSECTION (4); AMENDING SECTIONS
29-8.1(R), 29-8.2(R), 29-8.3(R) BY ADDING A NEW
SUBSECTION (10) RELATING TO SWIMMING POOLS;
PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Planning and Zoning Board at the meeting held on April
18, 1978, unanimously recommended that Section 29-1 "Definitions", Section
29-5(N), Sections 29-6(P), 29-7(P), 29-8(P) and Sections 29-8.1(R), 29-8.2(R)~
29-8.3(R) be amended relative to swimming pools; and,
WHEREAS, the Administration has recommended that said amendment be
made; and,
WHEREAS, at the May 1, 1978, workshop meeting Council concurred in
said recommendation and authorized preparation of the ordinance to effect
the amendment,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 29-1 "Definitions" is hereby amended by the
enactment of a new subsection to read as follows:
Swimming Pools. Any confined body of water, the top of which
is no higher than grade level, exceeding one hundred fifty
(150) square feet in surface area and two (2) feet in depth,
which is designed, used, or intended to be used for swimming
or bathing purposes.
Section 2. That Section 29-5(N) "Special Regulations" is hereby a-
mended by the enactment of a new subsection (4) to read as follows:
(4) Swimming pools may extend into the setback areas,
but not closer than ten (10) feet to any rear or
side property line, nor closer than (15) feet to
any street right-of-way line. It is the intent
of this subsection that no screen enclosures of
any type be erected.
Section 3. That Sections 29-6(P), 29-7(P) and 29-8(P) "Special Regu-
lations'' are hereby amended by the enactment of a new subsection (4) to read
as follows:
(4) In fee simple duplex developments, swimming pools
may extend into the setback areas, but not closer
than ten (10) feet to any rear or side property
line, nor closer than fifteen (15) feet to any
street right-of-way line. It is the intent of
this subsection that no screen enclosure of any
type be erected.
Section 4. That Sections 29-8.1(R), 29-8.2(R) and 29-8.3(R)
"Special Regulations" are hereby amended by the enactment of a new subsectior
(10) to read as follows:
(10) Swimming Pools
Swimming pools may extend into the setback areas,
but not closer than ten (10) feet to any rear or
side property line, nor closer than fifteen (15)
feet to any street right-of-way line. It is the
intent of this subsection that no screen enclosures
of any type be erected.
Section 5. 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 6. 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 28th day of August , 1978.
MAY O]~
ATTEST:
' ' - ~ City Clerk
First Reading August 14, 1978
Second Reading Auqust 28, 1978
- 2- Ord. No. 31-78