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15-77 ORDIlqANCE NO. 15-77 AN ORD//tANCE OF TPIE CITY COUNCIL OF THE CITY_ OF DELRAY BEACH, FLORIDA, PROVIDING MINIMUM STANDARDS REQUIRING LANDSCAPING OF CERTAIN AREAS, INCLUDING SETBACk, YARD AND OFF-STREET PAPdKING AND OTHER VEHICIYLAR USE AREAS IN CONNECTION WITH NEW CONSTRUCTION OF PARKING AREAS OR OTHER VEHIC~R USE AREAS (EXCEPTING IN CONNECTION WITH SINGr.m FAMILY DWELLINGS), TO BE APPLICABr.R IN DELRA¥ BEACH, FLORIDA; REQUIRING SUCH LANDSCAPING TO BE SHOWN ON PLANS FOR BUILDING PERMITS AND PLANS FOR PERMITS TO CONSTRUCT PARKING AREAS AND OTHER VEHICLrLAR USE AREAS; PROVIDING THAT THIS ORDI%qANCE REPEALS CHAPTER 15C OF THE CODE OF ORDINANCES OF THE CITY OF DELRA¥ BEACH, FLORIDA, AND REPLACES THE PROVISIONS THEREOF WITH THIS ORDINANCE; PROVIDING A PENALTY CLAUSE; PROVIDING A SEVERABILITY 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. Objective. The objective of this ordinance is to improve the appearance of certain setback and yard areas and including off-street vehicular parkinq and open-lot sales and service areas in Delray Beach and to protect and preserve the appearance, character and value of the surrounding neiqhborhoods and thereby promote the general welfare by providing for installation and maintenance of land- scaping for screening and aesthetic qualities, since the City Council finds that the peculiar characteristics and qualities of Delray Beach justify regulations to perpetuate its aesthetic appeal. The provisions of this ordinance are minimum standards which may be increased in accordance with the guidelines contained herein and those in Chapter 2, Article II, (Community Appearance Board) of the Code of Ordinances of the City of Delray Beach relating to aesthetic regulations. The location of required landscaping on a site may be changed by the Com- munity 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 5 (f) or Section 5 (h). The requirements of this ordinance shall be complied with in connection with new construction of parking areas or new con- struction of other vehicular use areas. Section 2. Applications for Approval. Applications for construction permits which may involve landscaping required by this ordinance shall be processed through the Community Appearance Board in accordance with the general permitting approval process contained in Article Ii, Chapter 2 of the Code of Ordinances of the City of Delray Beach. If approved 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 of Delray Beach. Accompanying the application for approval shall be a plot plan which shall be drawn to scale, including dimensions and distances, and clearly ~elineate the existing and proposed parking spaces, or other vehicular use areas, access aisles, driveways, sprinklers or water outlet locations, and the location, size and description of all other landscape materials, the location and size of buildings if any to be served, and shall designate by name and location the plant material to be installed or, if existing, to be used in accordance with the requirements hereof. No permit shall be issued for such building or paving unless such plot plan complies with the provisions herein. Section 3. Enforcement. This ordinance shall be enforced by the Chief Building Official. Section 4. Definitions. In construing the provisions hereof and each and every work, term, phrase or part thereof, where the context will permit, the definitions provided in Section 1.01, Florida Statutes, and the following definitions shall apply: (a) Land.scapin.q: Landscaping shall consist of any of the following or combination thereof: material such as, but not limited to, grass, ground covers, shrubs, vines, hedges, trees, or palms, walls or fences but excluding paving. (b) Encroachment: Encroachment is defined as any protrusion of a vehicle outside of a parkspace, display area or accessway into a landscaped area. There shall be no encroachment over or into any landscaped area. Car stops shall be placed at least two (2) feet from the edge of such landscaped area. In order to prevent encroachment and maintain a neat and orderly appearance of all planting islands adjacent to accessways and/or traffic, a proper protective curbing is required° Where carstops in parking spaces prevent encroachment, no other curbing is required. (c) Trees: Trees shall be defined as self-supporting woody plants of species which normally grow to an overall height of a minimum of twenty (20) feet and a spread of fifteen (15) feet in Delray Beach. (d) Shrubs: Shrubs required by this ordinance shall be self- supporting, woody, evergreen species, as normally grown in Delray Beach. (e) Vines: Vines are plants which normally require support to reach mature form. (f) Accesswavs: The maximum width of an accessway through the perimeter landscaped strip to an off-street parking or other vehicular use area shall be twenty-four feet (24') for two- way vehicular movement and twelve feet (12') for one-way vehicular movement. No more than one two-way accessway shall be permitted for any street frontage up to one hundred (100) lineal feet or no more than two one-way accessways shall be permitted for any street frontage up to one hundred (100) lineal feet, such standards to be applicable to any property under one ownership. Where such ownership involves over one hundred feet (100') of street fro~L=gu, one addi=iona£ two-way or two addltional one-way - 2 - Ord. ~o. 15-77. drives may be permitted for each additional one hundred feet (100') of frontage or major fraction thereof. The balance of each street frontage not involved with accessways shall be landscaped-in accordance, with the provisions of this chapter. Section 5. L..and~c~pinq Requirements for Certain Yard Areas and Off-Street Parking and Other Vehicular Use Areas. All areas used for the display or parking of any and all types of vehicles, boats or heavy construction equipment, whether such vehicles, baats or equipment are self-propelled or not, and all land upon which vehicles traverse the property as a function of the primary use, hereinafter referred to as "other vehicular uses", including but not limited to activities of a drive-in nature such as, but not limited to, filling stations, grocery and dairy stores, banks, restaurants, new and used car lots, and the like, shall conform to the minimum landscaping requirements hereinafter provided, save and except a~eas used for parking and other vehicular uses under, on or within buildings, and parking areas serving single family dwellings as normally such residential areas are voluntarily landscaped: (a) Installation. All landscaping shall be installed in a sound workmanship like manner and according to accepted good planting procedures with the quality of plant materials as hereinafter described. All elements of landscaping shall be installed so as to meet all other applicable ordinances and code requirements. Landscaped areas shall require protection from vehicular encroachment as herein provided in Section 4(b). A qualified representative of the agency charged with the issuance of building permits shall inspect all landscaping and no certificates of occupancy or similar authorization will be issued unless the landscaping meets the requirements herein provided. Maintenance. The owner, or his agent, shall be responsible for the maintenance of all landscaping which shall be maintained in good condition so as to present a healthy, neat, and orderly appearance and shall be kept free from refuse and debris. All !andscmped areas shall be provided with a sprinkler system,~ either manually or automatically operated, to adequately cover all plant materials and grass to be maintained. (c) Plant Material. (1) Quality. Plant materials used in conforms_nce with provisions of this ordinance shall conform to the Standards for Florida No. 1 or better as given in "Grades and Standards for Nursery Plants" Part I, 1963 and Part II, State of Florida, Department of Aqriculture, Tallahassee. Grass sod shall be clean and reasonably free of weeds and noxious pests or diseases. Grass seed shall be delivered to the jobsite in bags with Florida Department of Agriculture tags attached indicating the seed growers compliance with the department's quality control program. - 3 - Ord. No. 15 -77. (2) Trees shall be a species having an average mature spread of crown of greater than twenty (20) feet in Delray Beach and having trunk(s) which can be maintained in a clean condition over six (6) feet of clear mature wood. 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 con§idered susceptible to lethal yellowing by the Florida Department of Agriculture shall not be used to fulfill the requirements of this ordinance. An up- to-date list of these trees (Florida Department of Agriculture & Consumer Affairs, Division of Plant Industry, Circular 405) shall be available at the Building Department. Tree species shall be a minimum of eight (8) feet overall height immediately after planting. Trees of species whose roots are known to cause damage to public roadways or other public works shall not be planted closer than (12) feet to such public works, unless the tree root system is completely contained with.ina 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 (4) inch thick concrete reinforced with ~6 road mesh (6x6x6) or equivalent. A list of such tree species shall be maintained by the Building Department for the guidance of the public. (3) Shrubs and hedges. Shrubs and hedges shall be a minimum of two (2) feet in height when measured immediately after planting. Hedges, where required, shall be planted and maintained so as to form a continuous, unbroken, solid, visual screen within a maximum of one (1) year after time of planting. (4) Vines. Vines shall be a minimum of thirty (30) inches in height immediately after planting and may be used in conjunction with fences, screens, or walls to meet physical barrier requirements as specified. (5~) Ground covers. Ground covers used in lieu of grass in whole or in part shall be planted in such a manner as to present a finished appearance and reasonably complete coverage within three months after planting. (6) Lawn grass. Grass areas shall be planted in Species normally grown as permanent lawns in Delray Beach. Grass areas shall be sodded, plugged, sprigged or seeded except that solid sod shall be used in swales or other areas subject to erosion, and providing that in areas where other than solid sod or grass seed is used, nursegrass seed shall be sown for immediate effect and protection Until coverage is otherwise achieved. (d) 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, exc~'uding dedicated alleys, there shall be provided landscaping between such area and such right- of-way, as follows: (!) A strip of land at least five (5) feet in depth located between the abutting right-of-way and the off-street parking area or other vehicular use area which is exposed to an abutting right-of-way shall be landscaped, such landscaping to include one tree for each forty (40) lineal feet or fraction thereof. Such trees shall be located between the abutting right-of-way and off-street parking area or other 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. In addition, a hedge, wall, or other durable landscape barrier of at least two (2) feet in height but more desirably four (4) feet shall be placed along only the interior perimeter of such landscaped strip. If such durable barrier is of non-living material, for each ten feet thereof, one shrub or vine shall be planted abutting such barrier. Such shrubs or vines shall be planted along the street side of such barrier and should be of sufficient height at the time of planting to be readily visible over the top of such barrier. The remainder of the required landscaped areas shall be landscaped with grass, ground cover, or other landscape treatment excluding paving. (2) All property other than the required landscaped strip lying between the right-of-way and off-street parking area or other vehicular use area shall be landscaped. (3) Accessways from the public right-of-way through all such landscaping shall be permitted to service the parking or other vehicular use areas and such accessways may be subtracted from the lineal dimension used to determine the number of trees required. - 5 - Ord. No. 15-77. (e) Perimeter Landscaping Kelating to Abutting Properties. On the site of a building or structure or open lot use providing an off-street parking area or other vehicular use area, such areas shall be provided with a landscaped barrier, preferably a hedge. The landscaped barrier shall be not less than 3½ feet nor greater than six (6) feet in height to form a continuous screen between the off-  reet parking area or other vehicular use area and such utting property. Such landscape barrier shall be located between the COL~,,L~on lot line and the off-street parking area or other vehicular use area in a planting strip of not less than 2~ feet in width. In addition, one tree shall be provided for each sixty (60) lineal feet of such landscape 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. Each such tree shall be planted in at least twenty-five (25) square feet of planting area with a minimum dimension of at least five (5) feet. Each such planting area shall be landscaped with grass, ground cover, or other landscape material excluding paving in addition to the required tree. 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, said existing hedge may be used to satisfy the landscape requirements of this subsection provided that said existing hedge meets all applicable standards of this ordinance. (f) Parking Area Interior Landscaping. (1) The amount of interior landscaping of off- street parking areas shall amount to no less than 7% of the total area used for parking, plus accessways. (2) These landscaped areas shall contain a minimum of fifty (50) square feet and shall be placed at intervals of no more than twelwe (12) parking spaces. (3) There shall be a group of palms or a canopy tree for each one hundred (100) square~ feet of required interior landscaping. Po more than 25% 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 clear mature wood at the time of planting. Trees with a smaller crown can be grouped to meet the required six (6) foot spread, and each group shall be considered as one tree. - 6 - Ord. No. 15-77. (4) Each such tree or group of p~alms shall De planted in at least a twenty-five (25) square foot planting area with a minimum dimension of five (5) feet. (5) "Other vehicular use" areas as described in Section .5, first paragraph refers to loading and service area, filling stations, new and used car lots, etc., which shall have one (1) square foot of interior landscaped area for each one hundred (100) square feet or fraction thereof of paved area. (6) In other vehicular use areas where the strict application of this subsection will seriously limit the function of said area, the required landscaping may be located near the perimeter of the paved area including such perimeters which may be adjacent to a building on the site. Such required interior land- scaping which is relocated as herein provided shall be in addition to the perimeter landscaping require- ments. (7) Interior parking landscaping 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 5~/o of the total requirement, may be relocated so as to emphasize entrance corridors or special landscaped areas within the general parking area, if helpful in achieving better traffic patterns Or use, or in achieving greater overall aesthetic effect. (g) Sight Distance for Landscaping Adjacent to Public Rights - of-Way and Points of Access. When an accessway intersects a public right-of-way or when the subject property abuts the intersection of two or more public rights-of-way, all landscaping within the triangular areas described below shall provide unobstructed cross-visibility at a level between three (3) feet and six (6) feet, provided, however, trees or palms having limbs and foliage trimmed in such a manner that no limbs or foliage extend into the cross-visibility area shall be allowed, provided they are located so as not to create a traffic hazard. Landscaping except required grass or ground cover shall not be located closer than three (3) feet from the edge of any accessway pavement. The triangular areas above referred to are: (1) 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 sides of each triangle being ten (10) feet in length from the point of intersection and the third side being a line connecting the ends of the other two sides. (2) The area of property located at a corner formed bM the intersection of two or more of-way with two sides of the triangular area being forty (40) feet in length along the abutting public - 7 - Ord.No. 15-77. right-of-way lines, measured from their point of intersection, and the third side being a line connecting the ends of the other two lines. (h) Ex.i. stinq Plant Material. In instances where healthy plant material exists on a site prior to its development, in part or in whole, for purposes of off-street parking or other vehicular use areas, the Community Appearance Board may adjust the application of the above-mentioned standards to allow credit for such plant material if such an adjustment is in keepinq with and will preserve the intent of this ordinance. Section 6. Board of Adjustment - Appea.ls. Appeals to the Board of Adjustment may be taken by any person aggrieved or by any officer or bureau of the governing body of the city affected by any decision of the administrative official but no variances may be granted concerning the requirements of this ordinance. Section 7. Other ADDlicable Regulations. (1) Certificate of Occupancy (a) The building official shall have the authority to issue a certificate of occupancy which shall indicate the portions of the construction and development which have been completed according to the requirements of this ordinance (chapter), to the plan and building code requirements. (b) If the landscaping requirments of this ordinance (chapSer) have not been met at the time that a certificate of occupancy could be granted and is requested, the owner or his agent must post with the Building Department a bond of 10~ covering the costs of materials, labor, and other costs incidental to the installation of the required landscapinq. Section 8. Landscape Manual. The Planning Department shall prepare and from time to time revise a landscape manual and make the same available to the public, which manual shall provide an illustrative interpretation of the above standards and suggested guides for land- scaping in accordance with the above standards. Section 9. Penalty. The Building Inspector is hereby desiqnated and authorized to enforce this ordinance. Any person, firm or corporation who violates any of the provisions of this ordinance shall be fined twenty-five dollars ($25.00). Each day a violation exists shall constitute a separate offense. Section 10. Severabilit¥. It is declared to be the legisla- tive intent that if any section, subsection, sentence, clause or pro- vision of this ordinance is held invalid, the remainder of the ordinance shall not be affected. - 8 - Ord. No. 15-77. Section 11. Effective Date. The provisions of this ordinance shall become effective thirty (30) days after the date of its enactment. PASSED ARD ADOPTED in regular session on this the 28th day of March , 1977. MAYO.R ATTEST: Asst. City Clerk First Reading March 14~ 1977 Second Reading M~rch 28. 1977 - 9 - Ord.No. 15-77.