44-86 ORDINANCE NO. 44-86
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9, "BUILDING
AND CONSTRUCTION", OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE
X, "LANDSCAPING", BY AMENDING SECTION 9-378 (D)
"REQUIRED LANDSCAPING ADJACENT TO PUBLIC
RIGHTS-OF-WAY" SECTION (1) BY AMENDING THE REQUIRED
DEPTH FROM TEN (10) TO FIVE (5) FEET, BUT THAT IF
THE ZONING CODE REQUIRES ADDITIONAL DEPTH REQUIRE-
MENTS THAT THE ZONING CODE SHALL PREVAIL; AMENDING
SECTION 9-378 (F) "PARKING AREA INTERIOR LAND-
SCAPING" SUBSECTION (1) (B) BY REQUIRING THAT THE
LANDSCAPE AREAS SHALL BE PLACED AT INTERVALS OF NO
LESS THAN ONE LA~SCAPE AREA FOR EACH TEN (10)
PARKING SPACES; PROVIDING A WAIVER PROVISION BY
ENACTING A NEW SECTION 9-382, "MODIFICATION OF
REQUIREMENTS; APPEALS." PROVIDING A SAVING CLAUSE,
PROVIDING A GENERAL REPEALER; PROVIDING AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA AS FOLLOWS:
~_~. That Section 9-378 (D), "Required Landscaping
Adjacent to Public Rights-of-way", subsection 1 of the Code of
Ordinances of the City of Delray Beach, Florida, be and the same is
hereby amended to read as follows:
(A) A strip of land at least ~en-~+ five (5) feet in depth
located between the abutting right-of-way and the
off-street parking area or other vehicle use area shall
be landscaped provided, however, that should Chauter 30
of the Delray Beach Code of Ordinances recuire additional
depth requirements that the provisions in Chapter 30
shall prevail. The landscaping shall consist of at least
one (1) tree for each forty (40) lineal feet or fraction
thereof. The tree shall, be located between the
right-of-way and the off-street parking or vehicle 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 land-
scape treatment excluding pavement. Additionally, a
hedge, wall or other durable landscape areas 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 planning. 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
landscaping to soften it 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.
~_~.~ That Section 9-378 (F), "Parking Area Interior
Landscaping", subsection l(b), of the Code of Ordinances of the City of
Delray Beach, Florida be amended to read as follows:
B. Each landscaped area shall contain a minimum seventy-five
(75) square feet with a minimum dimension of five (5)
feet. Each such landscaped area shall be placed at
intervals of no m~e less than one (1) landscape area for
each ten (10) parking spaces if the area is a parking
area.
~_~. That Section 9-382, "Modification of requirements;
appeals," of the Code of Ordinances of the City of Delray Beach, Florida
be and the same is hereby enacted to read as follows:
Sec. 9-382. Modification of requirements; appeals.
(A) Upon the recommendation of the Chief Building Official,
the City Council may authorize a modification in the
requirements as set forth in Section 9-378, above, if it
is determined that the requirements of said section would
not be feasible or would constitute hardship in a
particular instance, and provided that such a modifi-
cation would not endanger public safety and welfare.
(B) Should the Chief Building Official recommend against any
request for modification requirements as set forth in
Sections 9-378, above, the applicant shall have the right
to appeal such decision of the Chief Building Official to
the City Council, by filing a written request to the City
Manager within ten (10) days after such decision of Chief
Building Official. The City Council shall conduct a
hearing on such appeal at a regular or special council
meeting and shall render a decision within a reasonable
time after such hearing. The City Council may authorize a
modification in the requirements as set forth in Section
9-378, above, if it is determined that the requirements
of said section would not be feasible or would constitute
hardship in a particular instance, and provided that such
a modification would not endanger public safety and
welfare.
$_~. That all ordinances or Farts of ordinances which
are in conflict herewith are hereby repealed.
~_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 shall not affect the validity of the remainder hereof a 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 llth day of November 1986
MAYOR
ATTEST:
City ~lerk
First Reading October 2R~ ]qR~
Second Reading November 11, 1986
2 Ord. No. 44-86