44-76 ORDINANCE NO. 44-76
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELP~Y BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING"
OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY
BEACH BY' REPEALING SECTION 29-17(J) (1) AND ENACTING
A NEW SECTION 29-17 (J) (1) ENTITLED COMMERCIAL REGU-
LATIONS, ESTABLISHING A MINIMUM TEN (10) FOOT SETBACK
WHERE THE REAR OR SIDE OF COMMERCIALLY ZONED. PROPERTY
ABUTS OR IS ADJACENT TO RESIDENTIALLY ZONED PROPERTY,
PROVIDING FURTHER THAT THE SETBACK AREA SHALL BE
LANDSCAPED AND THAT A SOLID FINISHED MASONRY WALL OR
CONTINUOUS HEDGE SIX (6) FEET HIGH BE LOCATED ON
THE PROPERTY LINE ON THE COMMERCIALLY ZONED PROPERTY;
AMENDING SECTION 29-17(J) (3) (a) AND (b) TO DELETE
THE WORDS "COMMERCIAL OR"; PROVIDING A SAVING CLAUSE;
PROVIDING .AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DLERAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 29-17(J) (1) of the Zoning Code of the City
o'f Delray Beach is hereby repealed and the following section is enacted in
substitution thereof:
(1) Co .mmerc~al Regulations
a. Where the rear or side of commercially zoned p~operty
directly abuts residentially 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 pro-
perty line located adjacent to the residentially
zoned property. This shall be a landscaped area.
In addition, a solid finished masonry wall or
continuous hedge six (6) feet kigh at the time of
installation shall be located at the property line
of the commercially zoned property. The masonry
wall or hedge must be located only on the rear or
side of the commercially zoned property that directly
abuts the residentially zoned property. No walkways
or other pedestrian ways shall be located through
this 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 commer-
cially zoned property shall provide a ten (10) foot
setback from the property line located adjacent to
the separator. This shall be a landscaped area.
In addition, a solid finished masonry wall or
continuous hedge six (6) feet high at the time of
installation shall be located at the property line
of the commercially zoned property. The wall or
hedge must be located only on the rear or side of
the commercially zoned property that is adjacent
to, but separated from the residentially zoned
property. A driveway of not more than 24 feet in
width shall be allowed through the wall or hedge
even if the commercially zoned property has
access from some other right-of-way or street.
c. The setback requirements set forth in "a" and "b"
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 setback in "a" and "b"
above, then the more restrictive setbacks shall
apply.
Section 2. That Section 29-17(J) (3) (a) and (b) of the Zoning code
of the City of Delray Beach, Florida, be amended to read as follows:
(3)
(a) Where the ~mme~a~-~ industrial property
only has access from the street separating it
from the residential property, no paving shall
be permitted in the landscaped setback, except
for permissible driveways or walkways leading
to a structure. Such.driveways and walkways
shall be .permitted only when points of ingress
and egress are generally perpendicular to the
property line.
(b) Where the e~mme~e~a~-~ industrial property
has access from a street other than t~at
separating it from the residential property,
no driveway or walkways shall be permitted in
the landscaped setback.
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 ~ 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 10th day of January , 197 ? .
ATTEST:
City Clerk
First Reading December 13, 1976
Second Reading.
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Ord.. No. 44-76