Loading...
87-81 ORDINANCE NO. 87-81 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 9 "BUILDINGS AND CONSTRUCTION", ARTICLE X "LANDSCAPING" BY AMENDING SECTION 9-373 "OBJECTIVE; SCOPE" OF THE , CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, TO PROVIDE THAT THE REQUIREMENTS OF THE ARTICLE DO NOT APPLY TO NEW CONSTRUC- TION OF PARKING AREAS OR OTHER VEHICULAR USE AREAS WHICH ARE PART OF A SINGLE FAMILY DWELLING UNIT; PROVIDING A SAVING CLAUSE; PRO- VIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 9 "Buildings and Construction", Article X "Landscaping", Section 9-373 "Objective; scope" of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Sec. 9-373. Objective; scope. The objective of this article is to improve the appearance of certain setback and yard areas and including off-street vehicular parking and open-lot sales and service areas in the city, and to protect and preserve the appearance, Character and value of the surrounding neighborhoods and thereby promote the general welfare by providing for installation and maintenance of landscaping of screening and aesthetic qualities, since the city council finds that the peculiar characteristics and qualities of the city justify regulations to perpetuate its aesthetic appeal. The provisions of this article are minimum standards which may be increased in ac- cordance with the guidelines contained herein and those in Article IX of this chapter relating to aesthetic regulations. The location of required landscaping on a site may be changed by the community appearance board, but only if such change is necessary to preserve and protect the landscaping because of particular characteristics pertaining to the site or its probable use, or in accordance with the provisions of section 9-378(f) or section 9-378 (h) herein. The requirements of this article shall be complied with in connection with new construction of parking areas or new construc- tion of other vehicular use areas, except that the requirements of this article shall not apply if the parking areas or other vehicu- lar use areas are part of a single family dwelling unit. Section 2. 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. Section 3. That this ordinance shall become effective ten days after passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 12th day of January , 1982., VICE R ATTEST: City Clerk First Reading December 8, 1981 Second Reading January 12, 1982