03-86 ORDINANCE NO. 3-86
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 30,
"ZONING", OF THE CODE OF ORDINANCES OF THE CITY OF
DELRAY' BEACH, FLORIDA, BY AMENDING SECTION 30-18,
"OFF-STREET PARKII~; REGULATIONS"', BY AMENDING
SUBSECTION 30-18 (C) , "DESIGN AND LANDSCAPING" ~
PARAGRAPH (4), "LANDSCAPING", TO ADP A NEW SUBPARA-
GRAPH (e) WHICH SHA~L PER~IT OR REQUIRE THE SUBSTI-
TUTION OF MATURE EXCEPTIONAL TREE SPECIMENS FOR
REQUIRED PARKING SPACES;' PROVIDING CONDITIONS FOR
SUBSTITUTION; PROVIDING AN APPROVAL PROCESS;
PROVIDING FOR APPEALS'TO'THE CITY COUNCIL; PROVIDING
A REPEALER CLAUSE; 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 30-18 (C), "Design and land-
scaping", paragraph (4), "Landscaping", of the Code of'Ordinances of the
City of Delray Beach, Florida, is hereby amended by adding a new sub-
paragraph' (e) to read as follows:
(e) Permitted Substitution of Mature, Exceptional Tree
Specimens for Required Parking Spaces. The preservation
of selected mature trees in most instances is of higher
order than providing the exact amount of required
off-street parking spaces for new developments, expanding
developments or redevelopments. The City may require, or
the applicants 'may request the substitution of existing,
mature, healthy, exceptional tree specimens for required
parking spaces in instances where the following
comditions are met:
(1) Such trees are of a hardwood and/or deciduous
variety and a minimum of 8 inches in diameter
measured 4 1/2 feet above grade.
(2) Such trees are free of disease and insects.
(3) Every effort has been made in planning and design of
parking areas to accommodate such trees in the
landscape islands required in Article X.
(4) Such trees are protected during construction as
prescribed in Article XI Section 9-398.
Applicant shall indicate on a site plan the location of
all required parking spaces and indicate those spaces
which will not be paved in order to preserve trees. In
no event may the preservation eliminate more than 10% of
the first 40 required parking spaces, and 5% of any
spaces above 40.
Should any tree(s) that is preserved under this section
die subsequent to the completion of the project, the
property owner shall replace the dead tree with one that
is a minimum of twelve (12) feet in height with a six (6)
foot spread and six (6) feet of clear trunk. Such
substitutions shall be approved by the Planning and
Zoning Board in cases where site plan approval is
required. On projects that do not require site plan
approval, the Building Department may approve such
requests or require such preservation provided the
conditions of this section are met. A decision of the
Building Department or Planning and Zoning Board
disapproving a request for tree preservation or requiring
tree preservation may be appealed to the City Council.
The intent of this section is to preserve those trees
that may not be located in required landscape areas while
maintaining a reasonable level of off-street parking.
~t~Jl_~.. That all ordinances or pa=ts of ordinances
which are in conflict herewith are hereby repealed.
~.g~d~_~.. That should any section or provision of this
ordinance or any portion therecf, anf 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.
~.~.9~_~.. 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 Janaury , 1986. ~
ATTEST:
First Reading. JanUary 14, 1986
Second Reading. January 28, 1986
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