07-75 ORDINANCE NO. 7~75.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING" OF THE
CITY'S CODE OF ORDINANCES BY AMENDING SUBSECTION 29-3
(E) (2) FENCES; ALSO BY AMENDING SUBSECTION 29-3 BY
ADDING WALLS AND FENCES; REPEALING ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING
A PENALTY CLAUSE; PROVIDING A SAVING CLAUSE.
WHEREAS, the Planning and Zoning Board has recommended adding re-
quirements for Walls and Fences to the General Provisions and Exceptions
of Chapter 29 "Zoning" and providing for the regulations pertaining to
such uses; and,
WHEREAS, the City Administration concurs in said recommendation;
and,
WHEREAS, the City Council of the City of Delray 'Beach, Florida, has
determined that such changes should be made,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Sec. 29-3 (E) (2) of the Code of Ordinances of the
City, as amended, be further amended, as follows:
(2) Fences, not 'to exceed six (6) feet in height, unless
allowed to be constructed higher by specific zoning district
provisions. Two (2) feet of barbed wirer however, may be
placed atop an~ six '~ ~--~--~
~wu~ or higher = ....
~liw~ when ~u~
in a commercial or industrial zoning district.
Section 2. That Sec. 29-3 of the Code of Ordinances of the City,
as amended, be further amended, by adding the following paragraph:
(Q) Walls and Fences.
(1)Requirements for Residential Zoning Districts.
Walls, fences, hedges, or similar structures shall:
(a) Not be maintained at any corner street inter-
section at elevations the City Engineer determines
will obstruct visibility. In no case shall a wall,
fence, hedge, or similar structure be erected, placed,
planted, or allowed to grow in such a manner as to
obstruct vision.
(b) Not exceed six (6) feet in height above the esta-
blished lot grade, when erected in the front, side,
or rear setbacks.
(c) Not contain any substance such as barbs, broken
glass, nails, or spikes. No electrically charged
fence shall be erected in this zoning district.
(2) Requirements for Commercial and Industrial Zonin~
Dist~ic'ts. "
Walls, fences, hedges, or similar structures shall:
(a) Not be maintained at any corner street inter-
section at elevations the City Engineer determines
will obstruct visibility. In no case shall a wall,
fence, hedge, or similar structure be erected, placed,
planted, or allowed to grow in such a manner as to
obstruct vision.
(b) Not contain any substances such as broken glass,
nails, or spikes. No electrically charged fence shall
be erected in this zoning district.
(c) Have all areas devoted to the storage of equip-
ment and supplies adequately screened with landscaping
pursuant to the criteria stated in Chapter 15C of this
Code. Storage areas shall further be enclosed by a
wall or fence at least six (6) feet in height. No
outdoor storage of equipment or supplies shall exceed
the height of the enclosing wall, fence, or building,
whichever provides the best visual obstruction from
a public right-of-way.
Section 3. That all ordinances or parts of ordinances in conflict
herewith be and the same are hereby repealed.
Section 4. That any person, firm or corporation violating any of
the provisions of Section 1 above, shall upon conviction, be punished as
provided in Section 1-6 of the Code of Ordinances of the City of Delray
Beach.
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.
PASSED AND ADOPTED in regular session on second and final reading
on this the 14th day of April , 1975.
'ATTEST:
First Reading .M~r~h..~2, 1975
Second Reading Ap.ril 14, %.975
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Ord. No. 7-75.