41-92 ORDINANCE NO. 41-92
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER FOUR, "ZONING
REGULATIONS", SECTION 4.6.15, "SWIMMING POOL,
WHIRLPOOLS, AND SPAS", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY BEACH, FLORIDA, BY AMENDING SUBSECTION
4.6.15(G), "YARD ENCROACHMENT", TO ALLOW SWIMMING
POOLS TO BE LOCATED TO WITHIN FIVE FEET OF A REAR OR
SIDE PROPERTY LINE, WHEN SUCH PROPERTY LINE IS
ADJACENT TO AT LEAST 50 FEET OF OPEN SPACE, AND TO
REDUCE THE MINIMUM STREET SIDE SETBACK REQUIRED FOR
SWIMMING POOLS FROM 15 FEET TO 10 FEET; PROVIDING A
SAVINGCLAUSE; PROVIDING A GENERAL REPEALER CLAUSE;
PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter Four, "Zoning Regulations", Section
4.6.15, "Swimming Pool, Whirlpools, and Spas", Subsection 4.6.15(G),
"Yard Encroachment", of the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same is
hereby amended to read as follows:
(G) Yard Encroachment:
(1) Swimming pools, the tops of which are no higher
than grade level, may extend into the rear or side setback area
but to no closer than ten feet (10') to any ~//~//~
property line, ~/~/~/f~f~/f~/~I~;~/~/~/~
~f~W~ , except as provided in division (2) below.
(2) When adjacent to at least 50 feet of open space,
as defined in Section 4.3.4(H) (5) (c) and (d), swimming pools at
~rade level may extend into the rear or side setback area but
to no closer than five feet (5').
(3) Although swimming pools may extend into side and
rear setback areas, a screened or other porch enclosure shall
not be permitted to encroach into such setback areas, except as
provided in Section 4.3.4(H) (5) (b).
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 all ordinances or parts of ordinances which
are in conflict herewith be, and the same are hereby repealed.
Section 4. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the 8th day of Sa~tember , 1992.
ATTEST:
.... ~ity ~Cl~rk ' !
First Reading August 25, 1992
Second Reading September 8, 1992
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM ~/~ P - MEETING OF SEPTEMBER 8. 1992
QRDINANCE NO. 41-92
DATE: September 4, 1992
This is the second reading of an ordinance amending the Subsection
4.6.15(G) "Yard Encroachment" of the Land Development Regulations to
allow swimming pools to be located to within five feet of a rear or
side yard, when such property line is adjacent to at least 50 feet of
open space, and to reduce the minimum street side setback required
for swimming pools from 15 feet to 10 feet.
This text amendment was initiated at the request of the developers of
the Clearbrook residential community, who are seeking additional
flexibility in the placement of swimming pools on lots which are
adjacent to a Lake Worth Drainage District canal. Currently the
LDRs allow screen enclosures for swimming pools to have a zero
setback when the property line abuts at least 50 feet of open space.
However, that provision does not extend to unscreened swimming
pools.
The proposed standards are consistent with those of neighboring
municipalities, and will provide some additional flexibility in
situations where adjacent property owners will not be adversely
affected. The Planning and Zoning Board at their August 17th
meeting recommended approval of the text amendment. A detailed staff
report is attached as backup material for this item.
Recommend approval of Ordinance No. 41-92 on second and final
reading.
CITY COMMISSION DOCUMENTATION
TO: /--D~.yID T. HARDEN, CITY MANAGER
THRU:~ ' ~
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF AUGUST 25, 1992
PROPOSED LDR TEXT AMENDMENT; SECTION 4.6.15(G~
SETBACKS FOR SWIMMING POOLS
ACTION REQUESTED OF THE COMMISSION:
The action~requested of the City Commission is that of
approval of 4~ext amendment which would allow swimming pools
to be located to within five feet of a rear or side
property line, when such property line is adjacent to at
least 50 feet of open space; and which would reduce the
minimum street side setback required for swimming pools
from 15 feet to 10 feet.
BACKGROUND:
This text amendment was initiated at the request of the
developers of the Clearbrook residential community, who are
seeking additional flexibility in the placement of swimming
pools on lots which are adjacent to a Lake Worth Drainage
District canal. Currently the LDRs allow screen enclosures for
swimming pools to have a zero setback when the property line
abuts at least 50 feet of open space (canals, lakes, golf
courses, etc.). However, there is no similar provision which
applies to the setback for the swimming pools themselves.
This amendment would allow grade level swimming pools to be
within 5 feet of a rear or side setback when similar open space
conditions apply. It would also reduce the setbacks along
street side property lines from the current 15 foot minimum to
10 feet. These standards are consistent with those of
neighboring municipalities, and will provide some additional
flexibility in situations where adjacent property owners will
not be adversely affected.
City Commission Documentation
LDR Text Amendment Re: Swimming Pool Setbacks
Page 2
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of August 17, 1992, and recommended that the amendment
be adopted.
RECOMMENDED ACTION:
By motion, approve the amendment to LDR Section 4.6.15(G),
affecting setbacks for swimming pools.
Attachment:
* P&Z Staff Report & Documentation of August 17, 1992
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF: August 17, 1992
AGENDA ITEM: V.A. Proposed LDR Text Amendment, Section
4. 6.15.G with Cross-Reference to 4.3.4(H)(5)
Affecting Setbacks for Swimming Pools
ITEM BEFORE THE BOARD
The item before the Board is that of making a
recommendation to the City Commission on a proposed text
amendment which would allow swimming pools to be located
to within five feet of a rear or side property line, when
such property line is adjacent to at least 50 feet of open
space. The amendment would also reduce the minimum street
side setback for swimming pools from 15 feet to 10 feet.
BACKGROUND
In June of this year, the Planning and Zoning Department
received a request from Cotleur Hearing, a landscape architect
and planning firm, to consider a text amendment which would
allow a reduction in swimming pool setbacks under certain
conditions. The request was made on behalf of Guardian
Companies, the developer of the Clearbrook community. Several
lots in Clearbrook abut a Lake Worth Drainage District easement
and canal, and the developers, are seeking a means to allow
swimming pools to be built to within 5 feet of the property
lines abutting that easement.
ANALYSIS
Section 4.6.15(G) of the Land Development Regulations states
that grade level swimming pools must be set back at least 10
feet from any rear or side property line, and must be at least
15 feet from any street right-of-way. Section 4.3.4(H)(5)(b),
which deals with the encroachment of screen enclosures into
setbacks, states that screen enclosures around pools may have a
zero rear yard setback whenever that rear property line abuts at
least 50 feet of open space. For the purposes of this section,
open space includes areas such as canals, lakes, golf courses,
and similar uses which are dedicated to the public or are a part
of a residential community's common area.
Since the code allows screen enclosures to have a zero setback
under these limited circumstances, it is reasonable to allow
swimming pools to be built to within 5 feet of that setback,
when the same open space conditions apply. The reduced setback
will provide greater flexibility to developers and homeowners,
without having a negative impact on adjacent property owners.
P & Z Staff Repor
Regular Meeting of August 17, 1992
Agenda Item V.A.
After reviewing the swimming pool setback requirements of
several other Palm Beach County municipalities, staff is also
proposing that the minimum required street side setback for
pools be reduced from 15 feet to 10 feet. This will also allow
for greater flexibility in the design and location of swimming
pools, and is similar to the requirements of neighboring
communities.
RECOMMENDED ACTION:
By motion, make a recommendation to the City Commission that the
proposed amendment to Section 4.6.15(G) regarding swimming pool
setbacks be approved.
Attachments:
* Proposed amendment
* Letter from Cotleur Hearin~reque~g amendment
Report prepared by: ~¥(~.~''-- -- '
LDR Section 4.6.15 (G)
(G) Yard Encroachment:
(1) Swimming pools, the tops of which are no higher
than grade level, may extend into the rear or side setback area
but to no closer than ten feet (10') to any ~ ~ ~
property line, ~ ~~ ~ f~f~ f~ ~;~ ~ ~ ~~
~Z~f~W~ , except as provided in division (2) below.
(2) When adjacent to at least 50 feet of open space,
as defined in Section 4.3.4(H)(5)(c) and (d), swimminq pools at
grade level may extend into the rear or side setback area but to
no closer than five feet (5').
(3) Although swimming pools may extend into side and
rear setback areas, a screened or other porch enclosure shall
not be permitted to encroach into such setback areas, except as
provided in Section 4.3.4(H)(5)(b).
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERff~
SUBJECT: A~ENDA ITEM ~ I~ - MEETIN~ OF AUGUST 25. 1992
ORDINANCE NO, 41-92
DATE: August 21, 1992
This is a first reading of an ordinance amending the Subsection
4.6.15(G) "Yard Encroachment" of the Land Development Regulations to
allow swimming pools to be located to within five feet of a rear or
side yard, when such property line is adjacent to at least 50 feet of
open space, and to reduce the minimum street side setback required
for swimming pools from 15 feet to 10 feet.
This text amendment was initiated at the request of the developers of
the Clearbrook residential community, who are seeking additional
flexibility in the placement of swimming pools on lots which are
adjacent to a Lake Worth Drainage District canal. Currently the LDRs
allow screen enclosures for swimming pools to have a zero setback
when the property line abuts at least 50 feet of open space.
However, that provision does not extend to unscreened swimming pools.
The proposed standards are consistent with those of neighboring
municipalities, and will provide some additional flexibility in
situations where adjacent property owners will not be adversely
affected. The Planning and Zoning Board at their August 17th meeting
recommended approval of the text amendment. A detailed staff report
is attached as backup material for this item.
Recommend approval of Ordinance No. 41-92 on first reading.
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