17-91 ORDINANCE NO. 17-91
AN ORDINANCE OF THE CITY COM~{ISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4, "ZONING
REGULATIONS", ARTICLE 4.6, "SUPPLEMENTAL DISTRICT
REGULATIONS", SECTION 4.6.4, "SPECIAL DISTRICT
BOUNDARY TREATMENT", SUBSECTION 4.6.4(B),
"INDUSTRIAL ZONING ADJACENT TO RESIDENTIAL ZONING",
SUB-SUBSECTION 4.6.4(B)(3), OF THE LAND DEVELOPMENT
REGULATIONS OF THE ??~E $? C~?~/~?~ ~F THE CITY OF
DELRAY BEACH, FLORIDA, JY ~EPEALiNG PARAGRAH
4.6.4(B)(3)(a) AND ENACTING A NEW PARAGRAPH
4.6.4(B)(3)(a), TO PROVIDE FOR THE PROPER SCREENING
OF INDUSTRIAL USES FROM ADJACENT RESIDENTIAL USES;
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 4.6.4, "Special
District Boundary Treatment", Subsection 4.6.4(B), "Industrial Zoning
Adjacent to Residential Zoning", Sub-subsection 4.6.4(B)(3), Paragraph
4.6.4(B)(3)(a) of the Land Development Regulations of the City of Delray
Beach, Florida, be, and the same is hereby repealed.
Section 2. That Chapter 4, "Zoning Regulations", Article
4.6, "Supplemental District Regulations", Section 4.6.4, "Special
District Boundary Treatment", Subsection 4.6.4(B), "Industrial Zoning
Adjacent to Residential Zoning", Sub-subsection 4.6.4(B)(3), of the Land
Development Regulations of the City of Delray Beach, Florida, is hereby
amended by enacting a new Paragraph 4.6.4(B)(3)(a) to read as follows:
(3) Where the rear or side of industrially zoned property
does not directly abut a residentially zoned property, but is separated
from it by the combined 1-95 right-of-way and the railroad right-of-way,
or the 1-95 right-of-way, the industrially zoned property shall provide
a 50-foot building setback from the property line located adjacent to
the right-of-way line.
(a) In addition, the following method of screening shall be
be provided:
(i) If the Site Plan Review and
Appearance
Board
determines that the architectural elevation facing
1-95 and the railroad right-of-way is an aesthetic
asset to the corridor, the perimeter landscaping
shall consist of the following:
Shade trees 30 feet 'on center' and a continuous
hedge to be maintained at a minimum height of 4
feet. Shade trees shall be a minimum of 12 feet in
height with a 6 foot spread at the time of instal-
lation. Hedge materials shall be a minimum of 2
feet in height at time of installation.
(ii) If the SPRAB determines that the architectural
elevation facing 1-95 and the railroad right-of-way
lends itself more to the industrial function of the
building, and does not provide an aesthetic asset to
the corridor, the perimeter landscaping shall
consist of the following:
A 15 foot deep buffer adjacent to 1-95 and the
railroad. Within this area, a double staggered row
of shade trees shall be planted 20 feet 'on center'
within the row. In addition, a hedge must be
planted adjacent to the rear property line to be
maintained at a 6 foot height. Shade trees must be
a minimum of 12 feet in height at the time of
planting and hedge material must be a minimum of 4
feet in height.
Section 2. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a ~ourt ~f ~.-_r.~t_-nt jurisdi:ti~n t-~ b~ invalid, such deci-
sion shall not affect the validity of ~-he :emalnder 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
reading on this the 26th day of Februa~
ATTEST~ ~ ~ , /
First Reading February 12, 1991
Second Reading February 26, 1991
i' ~4.~ ~UJ~!LEMENTAL DIS~ EJCT RE~(JLAT~NS~, SECT~ii.:~i]~t' ~
i ' ~_T.RI_AL ZONING ADJACI~ ~T TO RE$IOe~TiAL ~,
iPGALtI~ PARAG~ KPH 4J.4(B (3) (~ AND EN)~ ,~
~~ ~rO'PI~IV~)~ FOR TH~
ORD. NO. 17-91