17-77 VOID
ORDINANCE NO. 17-77
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 SUBSECTIONS 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Ordinances is hereby repealed and a new Section 29-17 (J) (1) (2) (3) and (4)
are hereby inserted to read as follows:
(J) District Boqndary Lines
Where a commercial or industrial zoning district is
adjacent to a residential zoning district the fol-
flowing provisions shall apply:
(1) Commercial Regulations
(a) Where the rear side of commercially
zoned property directly abuts residen-
tially zoned property without any
division or separation between them,
such as a street, alley, railroad,
waterway, park, or other public open
space, the commercially zoned property
shall provide a ten (10) foot setback
from the property line located adjacent
to the residentially zoned property.
This shall be a landscaped area.
In addition to a solid finished masona~y
wall, 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 solid finished masonry
wall is installed, it shall be six (6)
feet high at the time of installation
and may 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 this wall.
(b)' Where the rear or side of commercially
zoned property does not directly ab~t
residentially zoned property but is
separated from it by an alley, the
commercially zoned property shall pro-
vide a ten (10) foot building setback
from the property line located adjacent
to the separator. This shall be a
landscaped area.
In addition a solid finished masonry wall,
shall be located inside and adjacent to,
that portion of the boundary line of the
commercially zoned property, which is
adjacent to but separated from the
residentially zoned property. If a Solid
finished masonry wall is installed, it
shall be six (6) feet high at the time of
installation and may have only those
openings as required by other city codes to
meet hurricane or severe storm construction
standards.
A driveway of not more than twenty-four (24)
feet in width shall be allowed through the
wall, even if the commercially zoned property
has access from some other right-of-way or
street.
(2) Industrial Regulations
(a)'Where the rear or side of industrially
zoned property directly abuts residentially
zoned property without any division or
separator between 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 residentially zoned
property.
.In addition a solid finished masonry wall,
shall be located inside and adjacent to,
that portion of the boundary line of the
industrially zoned property, which directly
abuts the residentially zoned property. If
a solid finished masonry wall is installed,
it shall be six (6) feet high at the time
of installation and may 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.
Within the rear or side sixty (60) foot
building 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 building
setback from the property line located
adjacent to the seB~rator.
In addition a solid finished masonry wall,
shall be located inside and adjacent to that
portion of the boundary line of the industrially
zoned property which is adjacent to but
separated from the residentially zoned property.
VOID - 2 - Ord. NO. 17-77.
If a solid finished masonry wall is
installed, it shall be six (6) feet high
at the time of installation and may have
only those openings as required by other
city codes to meet hurricane or severe
storm construction standards.
Within the rear or side fifty (50) foot
building setback, parking and storage
shall be allowed, provided such storage
does not exceed the height of the barrier.
A driveway of not more than twenty-four
(24) feet in width shall be allowed
through the wall, even if the industrially
zoned property has access from some other
right-of-way or street.
VOID - 3 - Ord. No. 17-77.
(c) Where the rear or side of industrially
zoned property does not directly abut
a residentially zoned property, but is
separated from it by the 1-95 Right-
of-Way, the industrially zoned property
shall provide a fifty (50) foot building
setback from the property 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
installation (except for Australian
Pines which shall be )
and planted in accordance with the
requirements of the City's Landscape
Ordinance (Chapter 15C), shall be
located inside that portion of the
boundary line of the industrially
zoned property which is adjacent to
the residentially zoned property but
separated from it by 1-95 Right-of-Way
Within the rear or side fifty (50)
foot building 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 permis-
misable driveways or walkways leading
to a structure.
(3) Landscape Setback Requlations
That any landscaping which is installed pur-
suant to the requirements or alternatives
provided in Section 29-17 (J) (1) or (2) shall
be maintained in accordance with the require-
ments of the Landscape Ordinance being Chapter
15C of the Code of Ordinances of the City of
Delray Beach.
- 4 - Ord. No. 17-77
VOID
(4) 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 set-
backs 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.
PASSED AND ADOPTED in regular session on this the day
of . , 1977.
MAYOR
ATTEST:
City Clerk
First Reading
Second Readin~
- 5 - Ord. No. 17-77
VOID