TO: Mayor and Commissioners
FROM: Anthea Gianniotes, Development Services Director
THROUGH: Terrence R. Moore, ICMA-CM
DATE: April 22, 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,” TO MODIFY THE BUILDING ELEMENTS AND SITE IMPROVEMENTS PERMITTED WITHIN THE BUILDING SETBACK AREA; AMENDING CHAPTER 4, “ZONING REGULATIONS,” ARTICLE 4.6, “SUPPLEMENTAL DISTRICT REGULATIONS,” SECTION 4.6.15, “SWIMMING POOL, WHIRLPOOLS, AND SPAS,” TO ADOPT REGULATIONS FOR POOL SETBACKS FOR DUPLEX DEVELOPMENTS; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AUTHORITY TO CODIFY, PROVIDING AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. (FIRST READING)
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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 difference among front, side, and rear yards.
Ordinance No. 10-25 adopts minor modif...
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