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01-74 ORDINANCE NO. 1-74. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SUBSECTION 15C-4 (f) "PARKING AREA INTERIOR ~ANDSCAPING" TO MAKE IT MORE UNDERSTANDABLE Abm A~NDING SUBSECTION 15C-6 "OTHER APPLICABLE REGULATIONS" TO INCLL~E PRESENT PAVED AREAS OF CHAPTER 15C "LANDSCAPING" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH AS AMENDED, REPEALING ALL ORDINANCES OR PARTS OF ORDI- NANCES IN CONFLICT HEREWITH; PROVIDING A SAVING CLAUSE; PROVIDING A PENALTY CLAUSE. WHEREAS, the Beautification Committee and the Landscape Architect Advisory Board have recommended the following clarification and changes to the Landscaping Ordinance; and, WHEREAS, the City Administration concurs in said recommendation, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Code of the City of Delray Beach, Florida, as amended, be further amended by amending Section 15C-4 (f) of Chapter 15C "Landscaping" to read as follows: Sec. 15C-4 (f). Pa~g-~ea-~e~-~a~eap~g~--G~-s~ee~ ~e~-a~eas-sh~½~ha~e-a~-~e~s~-~e~-~-sq~a~e-fee~-~-~e~- a~&~g-a-pe~&me(e~-4e~-wh&e~-~a~eap&R~-&~-~eqE&~e~-~y-e~he~ a~-~ease-~e-~-~ee~z-w~h-~he-~ema~-a~ea-a~eq~a~e½y-~aa~- a~m~e~-e~-%~ee~-~a~-~e~-~e-~e~s-qha~-e~e-~-eae~-~e-~e~ Interior La~.dscaping in Parking Area. (~) There shall be at least ten (10) square feet of interior landscaping for each pa king space, excludi____Dg those sDaces abutting.a perimeter for which landscaping, is required by other sections hereof. (2) These landscaped areas shall contain a minimum of fifty (50) square feet and shall be placed at intervals of no more than fifteen (15) 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. (4) Each such tree or group of palms shall be planted in at least a twenty~five (25) square foot planting area with a mini- mum dimension of five (5) feet. ~(5) "Other vehicular use" areas as described in Section 4, first paragraph, refers to filling Stations, new and used car ~ots, etc. which shall have one (1) square foot of interior landscaped area for each one hundred (100) square feet or frac- tion thereof of paved area. j(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 landscaping which is relocated as herein provided shall be in addition to the perimeter landscaping requirements. Section 2. That the Code of the City of Delray Beach, Florida, as amended, be further amended by amending Section 15C-6 of Chapter 15C "Landscaping" to read as follows: Sec. !5C-6. Other ~pp!icab!e regulations. (1) The provisions of this ordinance '(chapter) shall apply only to new off-street parking uses 8~-e~e~-ve~e~-~ses= and additions and repairs to existing paved areas. ~--~h~s-e~a~ee-~e~a~e~-she~-~e-~se~-as-a-~e-~-~p- ~a~e-ex~s~-~-e~m~-~{~-s~ee~-p~g-a~eas~ (2) Certificate of Occupancy (a) The building official shall have the authority to issue a certificate of occupancy to the owner, his agent, or. to the general contractor 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 requirements of this ordinance (chapter) 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 and Zoning Department a bond of 10~ covering the costs of materials, labor, and other costs incidental to the installation of the required landscaping. Section 3. That any person who violates the provisions of SECTIONS 1 and 2 above shall, upon conviction, be punished as provided in Section 1-6 of the Code of Ordinances of the City of Delray Beach. Section 4. That all ordinances or parts of ordinances in con- flict herewith be and the same are hereby repealed. -2- Ord. No. 1-74. Section 5. That should any section or provision of this ordi- nance'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. PASSED AND ADOPTED in regular session on the second and final reading on the 25th day of February , 1974. ATTEST: /S/ Hallie E. Worthing City Clerk Fir. t eading JAN 8 1974 Second Reading February 25, 1974 -3- Ord. No. 1-74.