18-86 ORDINANCE NO. 15- $ 6
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH~ FLORIDA~ AMENDING CHAPTER 9~ "BUILDINGS AND CON-
STRUCTION", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY
BEACH, FLORIDA~ BY AMENDING ARTICLE X, '~LANDSCAPING", BY
REPEALING SECTION 9-3?? AND ENACTING A NEW SECTION 9-377 WHICH
REQUIRES THE UPGRADING OF LANDSCAPING ATTENDANT TO ANY
PORTION OF A STRUCTURE OR SITE FOR WHICH COMMUNITY APPEAR-
ANCE BOARD APPROVAL IS REQUIRED; PROVIDING FOR THE UPGRAD-
ING OF LANDSCAPING ATTENDANT TO THE ENTIRE STRUCTURE OR SITE
WHERE THE ALTERATION OR IMPROVEMENT IS EQUAL IN VALUE TO 3096
OR MORE OF THE ASSESSED VALUE OF THE STRUCTURE OR SITE;
PERMITTING A WAIVER OF THAT UPGRADING WHERE THE BOARD FINDS
IT TO BE IMPRACTICAL OR AN UNDUE HARDSHIP; AMENDING SECTION
9o378(b), "MAINTENANCE"~ PROVIDING MAINTENANCE REQUIREMENTS
FOR LANDSCAPING FOR CERTAIN YARD AREAS~ OFF-STREET PARKING
AND OTHER VEHICULAR USE AREAS BY REQUIRING THAT LANDSCAPE
BE MAINTAINED IN A MANNER AT LEAST EQUAL TO THE APPEARANCE
OF THE LANDSCAPING AT THE TIME THE ORIGINAL INSTALLATION WAS
REQUIRED; PROVIDING GUIDELINES IN THE PRUNING OF TREES TO
PRESERVE THE CANOPY; AMENDING SECTION 9-378, SUBSECTION (C),
SUBSECTION (2), "TREES", BY CHANGING THE MINIMUM HEIGHT
REQUIREMENTS OF TREES AT THE TIME OF PLANTING FROM EIGHT (8)
FEET TO TWELVE (12) FEET AND BY REQUIRING THAT SUCH TREES HAVE
A MINIMUM OF SIX FEET OF CLEAR TRUNK AND A SIX FOOT CANOPY
EXCEPT THAT COCONUT PALMS NEED ONLY HAVE A CLEAR TRUNK OF
TWO FEET; AMENDING SECTION 9-378(C)(6), "LAWN GRASS", BY REQUIR-
ING THAT LAWN GRASS BE SODDED, BUT THAT IF AN ALTERNATE
METHOD IS DESIRED THE SPECIFICATIONS MUST BE SUBMITTED TO AND
APPROVED BY THE CITY HORTICULTURIST AND REQUIRING THAT
COVERAGE MUST BE ACHIEVED WITHIN NINETY (90) DAYS AND NURSE
GRASS MUST BE SOWN FOR IMMEDIATE EFFECT; REPEALING SECTION 9-
378, SUBSECTION (D), "REQUIRED LANDSCAPING AD2ACENT TO PUBLIC
RIGHTS-OF-WAY", AND ENACTING A NEW SECTION 9-3?8, SUBSECTION
(D), "REQUIRED LANDSCAPING AD3ACENT TO PUBLIC RIGHTS-OF°WAY",
INCREASING THE DEPTH OF THE LANDSCAPE STRIP REQUIRED
AD3ACENT TO THE RIGHT-OF-WAY FROM FIVE (5) TO TEN (10) FEET AND
PROVIDING SPECIFICATIONS FOR THE REQUIRED LANDSCAPING AND
REQUIRING THAT A HEDGE WALL OR LANDSCAPE BARRIER ON THE
INTERIOR PERIMETER OF THE REQUIRED FIVE (5) FOOT LANDSCAPE
STRIP BE A MINIMUM OF THREE (3) FEET ABOVE THE FINISHED GRADE
OF THE AD3ACENT VEHICULAR USE AREA AT THE TIME OF INSTALLLA-
TION; REQUIRING LANDSCAPE MAINTENANCE AND IRRIGATION OF THE
UNIMPROVED PORTION OF THE AD3ACENT RIGHT-OF-WAY; REPEALING
SECTION 9-37g(E), "PERIMETER LANDSCAPING RELATING TO ABUTTING
PROPERTIES", AND ENACTING A NEW 9-37g(E), "PERIMETER LANDSCAP-
ING RELATING TO ABUTTING PROPERTIES", WHICH CHANGES THE
REQUIREMENTS REGARDING THE PLANTING OF TREES ALONG COMMON
PROPERTY LINES FROM ONE (1) TREE FOR EVERY SIXTY (60) FEET TO
ONE (1) TREE FOR EVERY FORTY (~0) FEET AND PROVIDES CRITERIA
FOR THE REMAINDER OF THE REQUIRED LANDSCAPING AND REOUIR-
ING ONE (1) TREE EVERY TWENTY-FIVE (25) FEET PLANTED ALONG-THE
PERIMETER WHERE ANY COMMERCIAL OR INDUSTRIAL AREAS ABUT
RESIDENTIAL PROPERTY; REPEALING SECTION 9-37g(F), "PARKING
AREA INTERIOR LANDSCAPING"~ AND ENACTING SECTION 9-37g(F)
WHICH AMENDS THE TITLE TO READ, "INTERIOR LANDSCAPE REQUIRE-
MENTS FOR PARKING AREAS AND OTHER VEHICULAR USE AREAS";
CHANGING THE INTERIOR LANDSCAPE REQUIREMENTS FROM 7% TO 1096
OF THE INTERIOR SPACE; ALTERING THE 5PECIFICATION5 FOR IN-
TERIOR LANDSCAPE AREAS BY INCREASING THE REQUIRED SQUARE
FOOTAGE FOR EACH AREA FROM 50 SQUARE FEET TO 75 SQUARE FEET
WITH NO DIMENSION LESS THAN FIVE (§) FEET; CHANGING THE INTER-
VAL AT WHICH EACH SUCH LANDSCAPE AREA IS REQUIRED FROM
EVERY TWELVE (12) PARKING SPACES TO EVERY TEN (10) PARKING
SPACES; REQUIRING ALL GAS STATIONS, VEHICLE OR EQUIPMENT
PARKING, OR STORAGE AREAS OTHER THAN CERTAIN AUTO DEALER-
SHIPS TO COMPLY WITH THE REQUIREMENTS OF SECTION 9-375(fX1);
PROVIDING ALTERNATE LANDSCAPE REQUIREMENTS FOR CERTAIN
AUTO DEALERSHIPS PERMITTED TO UTILIZE THE CONCEPT OF BULLPEN
PARKING; AMENDING SECTION 9-37g(gXl), "SIGHT DISTANCE FOR
LANDSCAPING AD3ACENT TO PUBLIC RIGHTS-OF-WAY AND POINTS OF
ACCESS", BY CHANGING CLEAR SIGHT TRIANGLE FROM TEN (10) TO
TWENTY (20) FEET; DELETING SUBSECTION 5 RELATING TO CERTAIN
PLANTING REQUIREMENTS FOR PALMS; 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:
Section 1. That Section 9-377, "Applications for approval", of the Code of Ordinances of
the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows:
Sec. 9-377. Applications for approval.
(a) Applications for construction permits which may involve landscaping required
by this chapter shall be processed through the Community Appearance Board in accordance
with the general permitting approval process contained in Article IX of this chapter.
Whenever an existing structure or site is altered in a manner which requires Community
Appearance Board approval~ landscaping attendant to that alteration or improvement shall
be upgraded to meet current landscape requirments. If the structure or site is altered in a
manner which involves a cost which is 30% or more or the assessed value of the site or
structure~ whichever is applicable~ then the landscaping for the entire site or structure
shall be upgraded to present requirements. However~ the Board shall have the right to
waive any or all upgrading of the landscapinR required by this subsection if it finds that
such upgrading would be impractical or would create an undue hardship. Once approval is
Riyen I4-eppro~ by the Community Appearance Board, the permit shall be issued by the
building department, provided that the application meets all other applicable requirements
of the city.
Section 2. That Section 9-378(b), "Maintenance", of the Code of Ordinances o! the City of
Delray Beach, Florida, is repealed and a new Section 9-378(b), "Maintenance", be, and the same is
hereby enacted to read as follows:
(b) Maintenance. The owner, or the agent of the owner shall be responsible for the
maintenance of all landscaping required by ordinance or made a condition for
approval for a building permit. Landscaping shall be maintained in good
condition so as to present a healthy, neat, and orderly appearance at least equal
to that which was required for the original installation, and shall be kept free
from refuse and debris. Maintenance pruning of trees is to allow for healthy
uniform growth. No more than 30% of a tree's canopy can be removed within
one years' time unless the pruning is to remove limbs or foliage which present a
hazard to powerlines or structures or is necessary to remove diseased limbs.
Severely cutting back lateral branches and canopy or "barracking" is expressly
prohibited. A plant or tree's habit of growth must be considered before planting
to prevent conflicts with view or signage and such a conflict shall not of itself
necessarily permit the pruning of trees in excess of 30% of a tree's canopy.
Landscaping shall be inspected periodically by the chief building official or his
designee to see that the approved and implemented landscape plan is in
satisfactory condition. All landscaped areas shall be provided with a sprinkler
system, either manually or automatically operated, to adequately cover all
plant materials and grass to be maintained. Wherever feasible, surface or
subsurface water shaU be used for sprinkling. If satisfactory water from these
sources is not available, the chief building official may approve the use of city
water; provided, the property owner submits and files with the building
department proof of nonsatisfactory surface or subsurface water.
Section 3. That Section 9-378(cX2),"Trees", of the Code of Ordinances of the City of
Delray Beach, Florida, be, and the same is hereby amended to read as follows:
(2) Trees. Trees shall be a species having an average mature spread of crown
greater than twenty (20) feet i~-~h~:-i~y~ and having ~r'_'.-....:. trunks which can be
maintained in a clean condition over six ((;) feet o! clear mature wood. Trees
should be allowed to develop the twenty (20) foot canopy spread before any
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pruninK is permitted except for reasons mentioned in Section 9-378(b). Trees
having an average mature spread of crown less than twenty (20) feet may be
substituted by grouping the same so as to create the equivalent of a twenty (20)
foot crown spread. Palms shall be considered trees. Trees considered
susceptible to lethal yellowing by the Florida Department of Agriculture shall
not be used to fulfill the requirements of this article. An up-to-date list of
these trees (Florida Department of Agriculture & Consumer Affairs, Division of
Plant Industry, Circular 005) shall be available at the building department.
Tree species shall be a minimum of eil~ twelve t,.e) (12) feet in
immeeliet~-q~-e~e~ at the time of planting, j. with a minimum of six (6) feet of
clear trunk and a six (6) foot spread of canopy. Trees of species whose roots
are known to cause damage to public roadways or other public works shall not
be planted closer than twelve (12) feet to such public works, unless the tree root
system is completely contained within a barrier for which the minimum interior
containing dimensions shall be five (5) feet square and five (5) feet deep, and
for which the construction requirements shall be four (t~) inch thick concrete
reinforced with #6 road mesh (6 X 6 X 6) or equivalent. A list of such tree
species shall be maintained by the building department for the guidance of the
public.
Section ~. That Section 9-378(c)(6), "Lawn Grass", of the Code of Ordinances of the City
of Delray Beach, Florida, be and the same is hereby repealed and a new Section 9-378(c)(6), "Lawn
Grass", is enacted to read:
(6) Lawn Grass. Unless otherwise approved by the Community Appearance Board
ail grass areas shall be sodded with clean sod reasonably free of weeds, noxious
pests, and diseases. When grass areas are to be seeded, sprigged or plugged,
specifications must be submitted to and approved by the City Horticulturist.
One hundred percent coverage must be achieved within ninety (90) days. Nurse
grass must be sown for immediate effect and protection until coverage is
otherwise achieved.
Section 5. That Section 9-378(d), "Required landscaping adjacent to public rights of-way",
of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby repealed
and a new Section 9-378(d), "Required landscaping adiacent to public rights of-way", is enacted to
read:
(dj Required landscaping adjacent to public rights-of-way. On the site of a building
or open-lot use providing an off-street parking area or other vehicular use area,
where such area will not be entirely screened visually by an intervening building
or structure from any abutting right-of-way, excluding dedicated alleys, there
shall be provided landscaping as follows:
(1) A strip of land at least ten (I0) feet in depth located between the abutting
right-of-way and the off-street parking area or other vehicular use area
shah be landscaped. The landscaping shall consist of at least one (1) tree
for each forty (t~0) lineal feet or fraction thereof. The trees shall be
located between the right-of-way and the off-street parking or vehicular
use area and shall be planted in a planting area of at least twenty-five
(25) square feet with a dimension of at least five (5) feet. The remainder
of the landscape area shall be landscaped with grass, ground cover, or
other landscape treatment excluding pavement. Additionally, a hedge,
wall or other durable landscape barrier shall be placed along the interior
perimeter of the landscape strip. If a shrub is used, it must be a minimum
of two (2) feet in height at the time of planting and attain a minimum
height of three {3) feet above the finished grade of the adjacent vehicular
use or off-street parking area within one {1) year of planting. In no case
may hedges be maintained at heights greater than six (6) feet adjacent to
the public right-of-way. If a non-living barrier is used, it shall be a
minimum of three (3) feet above the finished grade of the adjacent
vehicular use area. Non-living barriers shall require additional land-
scaping to soften and enhance their appearance. For each ten (10) feet of
non-living barrier, a shrub or vine shall be planted at least along the
street and abutting the barrier, in addition to tree requirements.
(2) The unpaved portion of the right-of-way adjacent to the property line
shall be landscaped with sod and provided with irrigation and maintenance
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except adjacent to existing improved property where the area had been
paved on the effective date of the ordinance~ or is later paved with the
permission of the City. In addition, residential properties which have
maintained the adjacent right-of-way with sheltrock or stones may
continue to maintain the right-of-way in that manner provided it is kept
free of weeds.
(3) Accessways which are required to serve the parking or other vehicular use
areas are permitted and may be subtracted from the lineal dimensions
used to determine the number of trees required.
Section 6. That Section 9-378(e), "Perimeter landscaping relating to abutting properties",
of the Code o! Ordinances of the City of Delray Beach, Florida, be repealed and that a new Section 9-
37g(e), "Perimeter landscaping relating to abutting properties", is hereby enacted to read as follows:
(e) Perimeter landscaping relating to abutting properties. On the site of a building,
structure, or open-lot use which has an off-street parking area or other
vehicular use area, there shall be a landscaped barrier, preferably a hedge,
between the off-street parking area or other vehicular use area and the
abutting properties. The landscape barrier may be two (2) feet at the time of
planting and shall achieve and be maintained at not less than three and one-half
(3½) nor greater than six (6) feet in height to form a continuous screen between
the off-street parking area or vehicular use area and such abutting property.
This landscape barrier shall be located between the common lot line and the
off-street parking area or other vehicular use area in a planting strip of not less
than five (5) feet in width. Duplexes may be permitted to reduce perimeter
planting strip to two and one-half (2½) feet width in cases where lot fortage is
less than fifty-five (~5) feet. In addition, one (l) tree shall be provided for each
forty (~0) lineal feet of such landscaped barrier or fractional part thereof. Such
trees shall be located between the common lot line and the off-street parking
area or other vehicular use area. 1~here any commercial or industrial areas
abut residential property, one (1) tree shall be planted every twenty-five (25)
feet to form a solid tree line. The provisions of this subsection shall not be
applicable in the following situations:
(1) When a property line abuts a dedicated alley.
(2) Where a proposed parking area or other vehicular use area abuts an
existing hedge, the existing hedge may be used to satisfy the landscape
requirements of this subsection provided that the existing hedge meets all
applicable standards of this article. If the existing landscaping does not
meet the standards of this article, additional landscaping shall be required
as necessary to meet that standard.
Section 7. That Section 9-37g(f), "Parking area interior landscaping", of the Code of
Ordinances of the City of Delray Beach, Florida, be repealed and a new Section 9-378(f)~ "Interior
landscape requirements for parking area and other vehicular use areas", is hereby enacted to read as
follows:
(f) Interior landscape requirements for parking areas and other vehicular use areas.
(1) Parking Areas and Areas Used for the Storage of Equipment or Vehicles~
and Gas Stations.
(A) The amount of interior landscaping within off-street parking areas
shall amount to no less than ten percent (10%) of the total area used
for parking and accessways.
(B) Each landscaped area shall contain a minimum of seventy-five (75)
square feet with a minimum dimension of five (~) feet. Each such
landscaped area shall be placed at intervals of no more than one (1)
landscape area for each ten (10) parking spaces if the area is a
parking area.
(C) There shall be a group of palms or a canopy tree for each one
hundred (100) square feet of required interior landscaping. No more
than twenty-five percent (2~%) of these required trees shall be
palms. These trees shall have a minimum height of twelve (12) feet
and a spread of crown of six (6) feet with at least six (6) feet of
- 4 - Ord. No. 18-86
clear mature wood at the time of planting. Trees with a smaller
crown can be grouped to meet the required slx (6) foot spread, and
each group shall be considered as one tree. However, one coconut
palm having a clear trunk of two (2) feet may serve as a substitute
for one tree.
(D) interior landscaping in both parking areas and other vehicular use
areas shall, insofar as possible, be used to delineate and guide major
traffic movement within the parking area so as to prevent cross-
space driving wherever possible. A portion of the landscaping for
interior parking spaces not to exceed fifty percent (~0%) of the
total requirement, may be relocated so as to emphasize entrance
corridors or special landscaped areas within the general parking area
or adjacent to buildings located on the site, if helpful in achieving
better traffic patterns or use, or in achieving greater overall
aesthetic effect. Such relocated landscaping shall be in addition to
the perimeter landscaping requirements.
(2) Certain Auto Dealerships.
(A) Automobile dealerships permitted under Section 30-18 of the Code
of Ordinances to utilize the concept of bullpen parking may comply
with the following alternative landscape requirements. Landscaping
strips and landscaped islands internal to the bullpen parking area are
not required, provided that the ten percent (10%) interior landscap-
ing requirement shall be met by transferring the required land-
scaping to the perimeter of the bullpen area. The transferred
landscaped areas shall be designed and located so as to mitigate and
buffer the impact of the aggregated car storage area. The City
Horticulturist shall advise the appropriate approving authority as to
the acceptability of the proposed reallocation scheme.
Section 8. That Section 9-378(g), "Sight distance for landscaping adjacent to public rights-
of-way and points of access", Sub-subsection (1), of the Code of Ordinances of the City of Delray
Beach, Florida, be and the same is hereby repealed and a new Sub-subsection (l) is hereby enacted to
read as follows:
(l) The areas of property on both sides of an accessway formed by the intersection of
each side of the accessway and the public right-of-way line with two (2) sides of each
triangle being twenty (20) feet in length from the point of intersection and the third
side being a line connecting the ends of the other two (2) sides.
Section 9. 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 shaU not affect the validity of the remainder hereof as a whole or part thereof other than the
part declared to be invalid.
Section 10. That this ordinance shaU 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
25th day of March ,198 6 .
MAYOR
ATTEST:
!
City..~erk
First Reading March 11, 1986
Second Reading March 25, 1986
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