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O83-15AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING APPENDIX A - ZONING OF THE CODE OF ORDINANCES, CITY OF BOYNTON BEACH, FLORIDA, TO AMEND SECTION 4J,"OTHER STRUCTURES", TO ADD THE REQUIREMENT THAT WALLS AND FENCES CONSTRUCTED AS A PART. OF SUBDIVISIONS OR SITE PLAN APPROVAL HAVE A SETBACK OF A MINIMUM OF EIGHTEEN (18) INCHES MAINTAINED FOR LAND- SCAPING PURPOSES; AND FURTHER AMENDING APPENDIX A - ZONING OF THE CODE OF ORDINANCES TO AMEND SECTION 4L,"BUFFER WALLS", TO PROVIDE FOR SOLID, STUCCO MASONRY WA~LS PAINTED ON BOTH SIDES BE REQUIRED FOR SPECIFIED AREAS AND THAT SUCH WALLS BE SET BACK TWO (2) FEET FROM ADJOINING PROPERTY LINE~S; PROVIDING A CONFLICTS CLAU.SE, A SEVERABIiLITY CLAUSE, AUTHORITY TO COD:IFY, AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1: Appendix A - Zoning, Section 4J, "Other Structures", of the Code of Ordinances, City of Boynton Beach, Florida, is hereby amended to read as follows: OTHER STRUCTURES. To further clarify the definition of. structure as applied to all districts and boundaries, the following shall apply except that corner lots shall be regulated by other parts of this Ordinance: The following structures shall be permitted in front, rear or side setbacks as provided in this Ordinance, in an'y zone, except where so noted; taking into consideration existing easements: Fences, hedges and walls shall not exceed six (6) feet in height in residential zones, except that from the building line to the front line the maximum height shall be four-(4) feet. When walls or fences are constructed as a part of a subdivision or site plan approval adjacent to a public right of way, consistent with this'""S~ction, a setback of a minimum of eighteen (18) inches must be maintained for landscaping purposes. Fences, hedges and walls in other zones shall not exceed six (6) feet in height except in O-P and M-1 zones, chain-link fences shall be allowed to eight (8) feet height and may be topped by not more than three (3) strands of barbed wire. House eaves shall not overhang or exceed the setback lines for more than two (2) feet. 4. Rock gardens. -1- Fish or lily ponds, eighteen (18) inch maximum depth. 0 Private pump housing, not to exceed three (3) feet in height and not installed in front yards. Ail other structures similar to the above shall require applications to the building official. Section 2: Appendix A - Zoning, Section 4L, "Buffer Walls", of the Code of Ordinances, City of Boynton Beach, Florida, is hereby amended to read as follows: ne BUFFER WALLS. For new construction or major modification to existing developments, where a commercial and or industrial district abuts a residential district, a solid, ~ee~a%~ve stucco masonry wall painted on both sides at least six (6) feet in height shall be located within the required side and/or rear yards except with respect to corner lots, said buffer walls shall be required only on interior lot lines. Said buffer walls shall not abridge any easement r~ights or be constructed over any existing utilities in any easement area and shall be setback two (2) feet from adjoining property lines. With respect to the C-1 (Office and commercial Professional District) the sOlid masonry wall may be replaced with a dense vegetative buffer of at least two (2) feet in height at the time of planting. Said vegetative buffer to be maintained by the project developer. Construction of said decorative masonry wall or planting of said vegetative buffer shall be completed prior to issuance of the certificate of occupancy for the building or buildings sought to be built in connection therewith. Section 3: Ail ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4: That should any section or provisions of this Ordinance or any provision thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 5: Authority is hereby given to codify this Ordinance. -2- Section 6: This Ordinance shall become effective immediately upon its passage. FIRST READING this _~r~/A~ day of ~~ 1983. SECOND READING AND FINAL PASSAGE this /~ of ~ , 1983. day CITY OF BOYNTON BEACH, FLORIDA. ~CE M~Y/~ ATTEST C~TY CL~ (~Corp. Seal) -3-