13-91 ORDINANCE NO. 13-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING
REGULATIONS", ARTICLE 4.6, "SUPPLEMENTAL DISTRICT
REGULATIONS", SECTION 4.6.15, "SWIMMING POOL,
WHIRLPOOLS, & 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 ENCROACH/4ENTS", TO PROVIDE FOR AN
EXCEPTION FOR THE ENCROACHMENT OF POOL ENCLOSURES
INTO SETBACK AREAS AS SPECIFIED IN PARAGRAPH
4.3.4(H)(5)(b); PROVIDING A SAVING CLAUSE; PROVIDING
A 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 4, "Zoning Regulations", Article
4.6, "Supplemental District Regulations", Section 4.6.15, "Swimming
Pools, Whirlpools, & Spas", Subsection 4.6.15(G), "Yard Enclosures", of
the Land Development Regulations of the City of Delray Beach, Florida,
be, and the same is hereby amended to be read as follows:
(G) Swimming pools, the tops of which are no higher than
grade level, may extend into the setback area but to no closer than
ten feet (10') to any rear or side property line, nor closer than
fifteen feet (15') to any street right-of-way. Although swimming
pools may extend into setback areas, ~e~-me-e~e~ms~a~ees-sha½~ a
screened or other pool enclosure shall not be permitted to encroach
into such setback areas except as provided in Section
4.3.4(H)(5)(b). %N~e=--%hEs-see%E~ -m~s~-Be-eham~e~-~ -~egEee~
~he-spee&a~ -eme~eaehmem~ -aEEewe~ -when-a~gaeem~ -~e -~e~Eea%e~ -e)en
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 deci-
sion 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are in conflict herewith are hereby repealed.
Section 4. That this ordinance shall become effective ten
(10) days after its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
i reading on this the 26th day °f FobruarA~TEST: ~ 1~~
City Clerk ~
First Reading February 12r 1991
Second Reading February 26~ 1991