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O96-66ORDINANCE NO. 096-~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING PART 3, CHAPTER 2, SECTION 4.J OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF BOYNTON BEACH CODE OF ORDINANCES TO PERMIT TEN (10) FOOT HIGH HEDGES ALONG PROPERTY LINES OF GOLF COURSES, GOLF DRIVING RANGES, INTERSTATE HIGHWAYS AND RAILROAD TRACKS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the City Commission has determined that it is in the best interests of the citizens and residents of the City of Boynton Beach to amend the Land Development Regulations to permit hedges of ten (10) feet in height adjacent to golf courses, golf driving ranges, interstate highways and railroad tracks; and WHEREAS, the City Commission has found that amending Part 3, Chapter 2, Section 4.J. of the Code of Ordinances is necessary to protect the public health, safety and general welfare of all persons and property situated adjacent to golf courses, golf driving ranges, interstate highways and railroad tracks. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Section 4.J of Part 3, Chapter 2 of the City of Boynton Beach Code of Ordinances is hereby amended to permit hedges ten (10) feet in height adjacent to golf courses, golf driving ranges and railroad tracks, and shall read as follows: J. 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 any zone, except where so noted; taking into consideration existing easements: 1. Fences, hedges and walls shall not exceed six (6) feet in height, above finished grade, in residential zones, except that from the building line to the front line the maximum height shall be four (4) feet. Hedqes situated adjacent to qolf courses, qolf drivinq ranqes, interstate hiqhways or parcels suDDortinq railroad tracks shall not exceed ten (10) feet in heiqht, above finished qrade. 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 section, a setback of a minimum of eighteen (18) inches must be maintained for landscaping purposes. 2. Fences, hedges and walls in other zones shall not exceed six (6) feet in height, above finished grade except in PID and M-1 zones, chain link fences shall be allowed to eight feet in height and may be topped by not more than three strands of barbed wire. Hedqes situated adjacent to qolf courses, qolf drivinq ranqes, interstate hiqhways or parcels suDDortinq railroad tracks shall not exceed ten (10) feet in heiqht, above finished qrade. 3. House eaves shall not overhang or exceed the setback lines for more than two (2) feet. 4. Rock gardens. 5. Fish or lily ponds, eighteen-inch maximum depth. 6. Private pump housing, not to exceed three (3) feet in height and not installed in front yards. 7. Boat docks and canopies. Ail other structures similar to the above shall require applications to the development director. Section 2. Each and every other provision of Chapter 2 not herein specifically amended shall remain in full force and effect as previously enacted. Section 3. Ail ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. Section 4. Should any section or provision of this ordinance or portion hereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. Section 5. ordinance. Authority is hereby granted to codify said Section 6. This ordinance immediately upon passage. shall become effective FIRST READING this /~ day of %~F-~-/;~-~~. , SECOND, FINAL READING AND PASSAGE this 1996. day of ATTEST: Ci//ty Clerk - CITY OF BOYNTON BEACH, FLORIDA Commi s s ioner Commis sione~ issioner