02-86 ORDINANCE NO. 2-86
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY' BEACH, FLORIDA, AMENDING CHAPTER 9,
"BUILDINGS AND CONSTRUCTION", ARTICLE IX, "COMMUNITY
APPEARANCE",'DIVISION'2, "SUPPLEMENTAL CRITERI~ AND
PROCEDURAL RU~ES", OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION
9-361, "GENERAL LANDSCAPING", SUBSECTION' (c) TO
REQUIRE THAT EXISTING VEGETATION 'BE SHOWN ON THE
LANDSCAPE PLAN; REQUIRING' THAT EXISTING VEGETATION
HE''PROTECTED DURING CONSTRUCTION; REQUIRING THE
REPLACEMENT OF AN~ VEGETATION DAMAGED' PRIOR TO
ISSUANCE OF THE CERTIFICATE OF'OCCUPANCY FOR WHICH
CREDIT HAS BEEN GIVF.~.N; REQUIRING 'COMPLIANCE 'WITH
SECTION 30-18 (C)(4)(e) AS IF'IT WERE A PROVISION OF
SECTION 9-361 (c) FOR ALL TREES PERMITTED TO SUBSTI-
TUTE FOR REQUIRED PARKING UNDER SECTION 30-18 OF THE
CODE OF ORDINANCES; PROVIDING A SAVING CLAUSE;
PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
~.. That Section 9-361, "General Landscaping",
subsection (c), of the Code of Ordinances of the City of Delray Beach,
Florida, be, and the same is hereby amended to read as follows:
(c) The existing natural landscape character shall be
preserved whenever possible. As-a~ For example e~-~h~s, in an area
containing a stand of trees, the developer should preserve as many
of these the trees as possible? and ~he~? landscape in a compli-
mentary manner? rather than destroyS[hq the existing trees and
replant/~l~ with a type of vegetation ~ foreign to the
immediate natural environment. Existing vegetation must be
indicated on.~he landscape plan. Protection of existin~ veaetation
durino construction is required. If existin~ plant material for
which credit has been given is damage~ prior to issuance of a
Certificate of Occupancy. it shall be r~placed in kind or with a
substitute satisfactory tO th~ Board. W~rever existin~ trees are
permitted to substitut~ for required parking under the provisions
of Section 30-18¢C)(4) (e) of the Code of Ordinances. the provisions
of Section 30-18¢C)(4)(~) shall be complied with as if they were
provisions of this section~ ? "~-~.11 be maintaine~ in a
~ealthy condition and in accordance with th~ requirements of this
~.. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
~.. 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 28th day of Jan~Aar/f .-~, 1986.
ATTEST:
First Reading Januar~ 14, 1986
-- Second Reading January 28, 1986