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26-71 ORDINANCE NO. 26-71. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING MINIMUM STANDARDS REQUIRING LANDSCAPING OF CERTAIN AREAS, INCLUDING SETBACK, YARD AND OFF-STREET PARKING AND OTHER VEHICULAR USE AREAS IN CONNECTION WITH NEW CONSTRUCTION OR CHANGE OF USE, (EXCEPTING IN CONNECTION WITH SINGLE FAMILY DWELLINGS), TO BE APPLICABLE IN DELRAY BEACH, FLORIDA; REQUIRING SUCH LANDSCAPING TO BE SHOWN ON PLANS FOR BUILDING AND USE PERMITS; PROVIDING FOR REPEAL OF CONTRADICTING LAWS, FOR INCLUSION IN THE CODE OF DELRAY BEACH, FLORIDA, AND AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. Objective. The objective of this ordinance is to improve the appearance of certain setback and yard areas and includ- ing off-street vehicular parking and open-lot sales and service areas in Delray Beach 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 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. Section 2. Enforcement. This ordinance shall be a minimum standard and shall apply to the incorporated area, and shall be en- forced by the chief Building Official. Section 3. Definitions. In construing the provisions hereof and each and every word, term, phrase or part thereof, where the con- text will permit, the definitions provided in Section 1.01, Florida Statutes, and the following definitions shall apply: (a) Landscaping: Landscaping shall consist of any of the fol- lowing or combination thereof: material such as, but not limited to, grass, ground covers, shrubs, vines, hedges, trees or palms; and other material such as rocks, pebbles, sand, walls or fences but excluding paving. (b) Encroachment: Encroachment is defined as any protrusion of a vehicle outside of a parkspace, display area or access- way 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. (c) Trees: Trees shall be defined as self-supporting woody plants of species which normally grow to an overall height of a minimum 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. Page 2. ORDINANCE NO. 26-71. (f) Accessways: 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 ~ccessway 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 frontage, one additional two- way or two additional one-way drives may be permitted for each additional one hundred feet (100') of frontage or major fraction thereof. The balance of such street frontage not involved with accessways shall be landscaped in accordance with the provisions of this chapter. Section 4. Landscaping Requirements for Certain Yard Areas and Off-Street Parkinq 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, boats or equipment are self-propelled or not, and all land upon which ve- hicles traverse the property as a function of the primary use, here- inafter 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 areas used for parking or other vehicular uses under, on or within build- ings, and parking areas serving single family dwellings as normally such residential areas are voluntarily landscaped: (a) Installation. Ail landscaping shall be installed in a sound workmanship like manner and according to accepted good plant- ing procedures with the quality of plant materials as here- inafter described. All elements of landscaping exclusive of plant material except hedges shall be installed so as to meet all other applicable ordinances and code requirements. Land- scaped areas shall require protection from vehicular encroach- ment as herein provided in Section 3(b). A qualified repre- sentative 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. (b) Maintenance. The owner, or his agent, shall be responsible for the maintenance of all landscaping which shall be main- tained in good condition so as to present a healthy, neat and orderly appearance and shall be kept free from refuse and debris. All landscaped areas shall be provided with a readily available water supply with at least one outlet located within 50 feet of all plant material to be maintained. (c) Plant Material. (1) Quality. Plant materials used in conformance with provisions of this ordinance shall conform to the Standards for Florida No. 1 or better as given in Page 3. ORDINANCE NO. 26-71. "Grades & Standards for Nursery Plants" Part I, 1963 and Part II, State of Florida, Department of Agriculture, Tallahassee, or equal thereto. 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. (2) Trees shall be species having an average mature spread of crown of greater than fifteen (15) feet in Delray Beach and having trunk(s) which can be maintained in a clean condition over five (5) feet of clear wood. Trees having an average mature spread of crown less than fifteen (15) feet may be substituted.by groupin~ the sams so as to create the .equivalent of a ~15 foot crown s~£ead. Palma shall be considered trees. 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 twelve (12) feet to such public works, unless the tree root system is com- pletely 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 (4) inch thick concrete reinforced with ~6 road mesh (6x6x6) or equivalent. A list of such tree species shall be maintained by the Building and Zoning 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 re- quired, 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 may be sodded, plugged, sprigged or seeded except that solid sod shall be Page 4. ORDINANCE NO. 26-71. 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 Right.s-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, exclud- ing dedicated alleys, there shall be provided landscaping be- tween such area and such right-of-way, as follows: (1) 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 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 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 land- scape treatment excluding paving. (2) Ail 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 ac- cessways may be subtracted from the lineal dimension used to determine the number of trees required. (e) Perimeter Landscaping Relating 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 area shall be provided with a landscaped barrier, preferably a hedge not less than 3½ feet nor greater than six (6) feet in height to form a continuous screen between the off-street parking area or other vehicular use area and such abutting property. Such landscape barrier shall be located between the common lot line and the off-street parking area or other Page 5. ORDINANCE NO. 26-71. vehicular use area in a planting strip of not less than 2½ feet in width. In addition, one tree shall be provided for each sixty 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 mini- mum dimension of at least five (5) feet. Each such plant- ing 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 re- quirements of this subsection provided that said existing hedge meets all applicable standards of this ordinance. (f) Parking Area Interior Landscaping. Off-street parking areas shall have at least ten (10) square feet of interior land- scaping for each parking space excluding those spaces abut- ting a perimeter for which landscaping is required by other sections hereof and excluding all parking spaces which are directly served by an aisle abutting and running parallel to such a perimeter. In addition, other vehicular use areas shall have one square foot of landscape area for each 100 square feet or fraction thereof of paved area. Where the property contains both parking areas and other vehicular use areas, the two types of areas may be separated for the purposes of determining the other vehicular use area by first multiplying the total number of parking spaces by 400 and subtracting the resulting figure from the total square footage of the paved area. Each separate landscaped area shall contain a minimum of 50 square feet and shall have a minimum dimension of at least five (5) feet and shall include at least one tree having a clear trunk of at least five (5) feet, with the remaining area adequately landscaped with shrubs, ground cover or other authorized landscaping material not to exceed three (3) feet in height. The total number of trees shall not be less than one for each one hundred (100) square feet or fraction thereof of required interior landscaped area. Such landscaped areas shall be located in such a manner as to divide and break up the expanse of paving. 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 Page 6. ORDINANCE NO. 26-71. 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. (g) Sight Distance for Landscaping Adjacent to Public Rights- of-Way and Points of Access. W~nen 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 lo- cated so as not to create a traffic hazard. Landscaping except required grass or ground cover shall not be lo- cated 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 ac- cessway 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 by the intersection of two or more public rights-of- way with two sides of the triangular area being forty (40) feet in length along the abutting public right-of-way lines, measured from their point of intersection, and the third side being a line con- necting the ends of the other two lines. (h) Existing 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 ve- hicular use areas, the city department charged with the is- suance of building permits may adjust the application of the abovementioned standards to allow credit for such plant material if, in its opinion, such an adjustment is'in keep- ing with and will preserve the intent of this ordinance. Section 5. Board of Adjustment - Appeals. 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. Section 6. Other Applicable Regulations. (1) The provi- sions of this ordinance shall apply only to new off-street parking uses or other vehicular uses. (2) This ordinance should be used as a guide to upgrade existing non-conforming off-street parking areas. Certificate of Occupancy: 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 Page 7. ORDINANCE NO. 26-71. to the requirements of this ordinance, to the plan and building code requirements. If the landscaping requirements of this ordinance 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~/o covering the costs of materials, labor, and other costs incidental to the installation of the required landscaping. Section 7. Plan Approval. Except for single family dwellings, prior to the issuance of any permit for paving which is included under the provisions of this ordinance, a plot use plan shall be submitted to and approved by the agency charged with the issuance of building permits, subject to the review and approval of such other agencies as may be deemed advisable by the building permit agency. The plot plan shall be drawn to scale, including dimensions and distances, and clearly delineate the existing and proposed parking spaces, or other vehicular use areas, access aisles, driveways, sprinklers or water outlet loca- tions, 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 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 illustra- tive interpretation of the above standards and suggested guides for landscaping in accordance with the above standards. Section 9. Penalty. The Building Inspector is hereby desig- nated and authorized to enforce this ordinance. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of 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. Severability. 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 ordi- nance shall not be affected. Section 11. Inclusion in code. It is the intent of the City Council and it is hereby ordained that the provisions of the ordinance are hereby made a part of the Code of Delray Beach, Florida and any section or subsection may be renumbered or relettered to accomplish such intent. Section 12. Effective Date. The provisions of this ordinance shall become effective 30 days after the date of its enactment. PASSED AND ADOPTED in regular session on the second and final reading on this 13th day of September , 1971. ATTEST: M A Y 0 R city Cle rk~ First Reading August 23, 1971 Second Reading September 13, 1971.