TO: Mayor and Commissioners
FROM: Anthea Gianniotes, Development Services Director
THROUGH: Terrence R. Moore, ICMA-CM
DATE: May 20, 2025
Title
ORDINANCE NO. 10-25: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH CODE OF ORDINANCES; AMENDING CHAPTER 4, “ZONING REGULATIONS,” ARTICLE 4.3, “DISTRICT REGULATIONS, GENERAL PROVISIONS,” SECTION 4.3.4, “BASE DISTRICT DEVELOPMENT STANDARDS,” BY AMENDING SUBSECTION (H), “SETBACKS,” SUBSECTION (4), TO PERMIT OPEN-AIR PERGOLAS WITHIN THE REQUIRED BUILDING SETBACK AREA, AND SUBSECTION (5), TO CLARIFY THE REQUIREMENTS FOR REDUCED SETBACKS FOR SCREEN AND PORCH ENCLOSURES IN ZERO-LOT LINE PROPERTIES; AMENDING CHAPTER 4, “ZONING REGULATIONS,” ARTICLE 4.6, “SUPPLEMENTAL DISTRICT REGULATIONS,” SECTION 4.6.15, “SWIMMING POOL, WHIRLPOOLS, AND SPAS,” TO ALLOW A FIVE-FOOT INTERIOR SETBACK FOR SWIMMING POOLS IN DUPLEX AND TOWNHOME DEVELOPMENTS; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AUTHORITY TO CODIFY, PROVIDING AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. (SECOND READING/PUBLIC HEARING)
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Recommended Action:
Recommendation
Consider Ordinance No. 10-25, a City-initiated request to amend and update Section 4.3.4(H), “Setbacks,” and Section 4.6.15, “Swimming Pool, Whirlpools, and Spas,” Subsection (G), “Yard Encroachment” of the Land Development Regulations (LDR) to clarify regulations on building elements and site improvements allowed in building setbacks.
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Background:
On July 9, 2024, the City adopted Ordinance No. 13-24, extensively updating the regulations governing structures in setbacks. The previous version of the code had a lack of clear standards for many structures and building elements that made the review process challenging for Staff, and resulted in inconsistencies over time. The new ordinance shifted setbacks and encroachments predominantly into a table format and adjusted setbacks to reflect diffe...
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