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10-75 ORDINANCE NO. 10-75. 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 SUB- SECTION 29-3 BY ADDING DISTRICT BOUNDARY LINE REGU- LATIONS PERTAINING TO COMMERCIAL AND INDUSTRIAL DISTRICTS 'SETBACK REQUIREMENTS WHEN RESIDENTIAL ZONING DISTRICTS ARE ADJACENT TO CO~4ERCIAL OR IN- DUSTRIAL ZONING DISTRICTS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PRO- VIDING A PENALTY CLAUSE; PROVIDING A SAVING CLAUSE. WHEREAS, the Planning and Zoning Board has recommended adding Dis- trict Boundary Line Regulations pertaining to commercial and industrial district~ setback requirements when residential zoning districts are adjacent to commercial or industrial zoning districts; 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 of the Code of Ordinances of the City, as amended, be further amended by adding the following subsection: (R.) DISTRICT BOUNDARY LINE REGULATIONS Where a commercial or industrial zoning district is adja- cent to a residential zoning district, the following provisions shall apply: (1) Where a commercial zoning district directly abuts a r.esidential zoning district without any division or separator between them such as a street, alley, park, railroad, waterway or other open public space, the commer- cially zoned property shall provide a setback of not less than twenty-five (25) feet adjacent to the residentially zoned property. An unpierced masonry wall of not less than six (6) feet in height and having both sides smoothly fini.$hed, shall be located' on the commercially zoned pro~r%~y n~xt to the property line. The wall may be sub- stituted for a cyclone or similar fence providing a hedge or an opaque screen of landscaping is placed on the commer- cially zoned property along the fence. Such hedge or planting shall reach a height of six (6) feet within one (1) year of planting. (2) Where a commercial zoning district is separated from a residential zoning district by a street, alley, railroad or waterway, no building or structure shall be placed closer than fifty (50) feet to the residentially zoned district. The commercial zoning district, in addition, shall have a minimum thirty (30) foot building setback measured from the property line in the commercially zoned district. This shall be a landscaped yard which shall have a hedge or an opaque screen at least six (6) feet high of trees and bushes placed.inside the l~ne of the landscape~ area furthest from the street so as to provide a screen from the dividing street or alley. (3) Where an industrial zoning district directly abuts a residential zoning district without any division such as a dedicated and improved street, alley, park, railroad, waterway, or public open space, no building, structure or storage yard shall be placed closer than fifty (50) feet to the residentially zoned district. An unpierced masonry wall not less than six (6) feet in height and having a smooth finish on both sides shall be located inside the boundary line of the industrially zoned property. This wall may be substituted for a cyclone or similar fence pro- viding a hedge or an opaque screen of landscaping is placed along said fence. Such kedge or planting shall not De less than five (5) feet, at time of planting, and shall have attained a height of not less than six (6) feet one (1) year after planting. (4) Where an industrial zoning district is separated from residential zoning district by a street, alley, railroad or waterway, no building, structure or storage yard shall be placed closer than eighty (80) feet to the residentially zoned district. The industrial zoning district, in addi- tion, shall have a minimum thirty (30) foot building set- back measured from the property line in the industrially zoned district. This shall be a landscaped yard which shall have a hedge or an opaque screen at least six (6) feet high of trees and bushes placed inside the line of the landscaped area furthest from the street so as to provide a screen from the dividing street or alley. (5) Where a landscaped setback is required in subsection ~; ~u (4) ~uv~, ~h~ £oiiowing regulations shall apply: (a) Where the commercial or industrial p~operty only has access from the street separating it from the residential property, no paving shall be permitted in the landscaped setback, except for permissible drive- ways or walkways leading to a structure. Such drive- ways and walkways shall be permitted only when general- ly perpendicular to the property line. (b) Where the commercial or industrial property has access from a street other than that separating it from the residential property, no driveways or walk- ways shall be permitted in the landscaped setback. (c) Landscaped areas prOvided for above shall be planted and maintained in lawn, shrubs, hv~.g~o and trees and so arranged at all paved driveways or street intersections so as not to interfere with safe visi- bility for vehicular traffic. (d) The owner of the property shall be responsible foz the maintenance of all landscaping in good condition so as to present a neat, healthy, and orderly appear- ance free of refuse and debris. All landscaped areas shall be provided with a permanent irrigation system. Section 2. That all orlinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 3. That any persun, 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. -2- Ord. No. 10-75. Section 4. 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 __12~.h___day of ~ay , 1975. ATTEST: City Clerk First Reading April 14, 1975 Second Reading May 12, 1975 -3- Ord. No. 10-75.