In 1993, the City of Delray Beach adopted minimum landscape standards for all existing properties, with the exception of single family homes. Over 1200 properties were cited to come into compliance with minimum requirements to screen parking lots, air conditioning units, dumpsters and refuse storage areas, and to remove excess pavement from adjacent rights-of-way in an effort to improve street drainage and improve the appearance of properties.  This program has been deemed a great success and has contributed to the aesthetic enhancement of our City.   

If you have received a citation to bring your property into compliance, the following excerpts pertaining to the minimum landscape requirements are intended to assist you in understanding the process which must be followed. 

If you are not clear what deficiencies need to be corrected, please call (561)243-7228 to set up a meeting with Robert Kussner, the Landscape Inspector. Landscape plans, along with the Plan Review Application for Minimum Landscape Requirements (84k) must be submitted.  This application must be accompanied by 3 copies of the landscape plans, and be submitted to the Landscape Inspector in the Building Department.

Rather than include lengthy sections on plant material specifications, for the purpose of these regulations, all trees must be a minimum of 12 feet in height with a 6 foot spread of canopy at installation.  All hedging to screen vehicular use areas must be a minimum of 24 inches in height.  Fifty percent of all trees must be native, and 25% of all shrubs and ground covers shall be native plant materials. For further information, please download Recommended Native Plant Materials (85k).

Section 4.6.16                     Landscape Regulations

(A)           Purpose:  The objective of this article is to improve the appearance of setback and yard areas in conjunction with the development of commercial, industrial, and residential properties, 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 minimum standards for the installation and maintenance of landscaping.

This Section also provides minimum standards for nonconforming sites and requires the upgrading of the landscaping on these properties after October 1, 1993.

(B)           Applicability:  The provisions of this Section shall apply as follows:

(2)           To existing development of all types, including, but not limited to, commercial, industrial and multi-family development including duplexes, but excluding single family detached dwellings on a single lot.  Such development shall comply with the minimum standards set forth within Sections 4.6.16(C)(1) and 4.6.16(H)(4) and other applicable Sections of 4.6.16, in addition to all requirements set forth in the approved landscape plan of record.  [Amd. Ord. 22-96 5/21/96]

(C)          Compliance, Review, Appeal, and Relief:  [Amd. Ord. 22-96 5/21/96]

(1)           Compliance:

(b)     Prior to upgrading landscaping on an existing site, a landscape plan shall be submitted which shall:  [Amd. Ord. 22-96 5/21/96]

1.      Be drawn to scale consistent with the site plan and crowded areas provided in larger scale presentation. [Amd. Ord. 22-96 5/21/96]

2       Clearly delineate the existing and proposed parking spaces or other vehicular use areas, access aisles, sidewalks, building locations and similar features. [Amd. Ord. 22-96 5/21/96]

3.      Contain a Statement of Intent as to the method and coverage of irrigation (irrigation systems require a separate permit).  [Amd. Ord. 22-96 5/21/96] 

4.      Designate by name and location the plant material to be installed or preserved.  [Mad. Ord. 22-96 5/21/96]

5.      Show location of overhead lines and utility easements.  [Amd. Ord. 22-96  5/21/96]

6.      Show proposed or existing locations of refuse areas and methods of screening.  [Amd. Ord. 22-96  5/21/96]

7.      Show proposed or existing locations of free standing signs.  [Amd. Ord. 22-96  5/21/96]

(2)           Review: The Landscape Compliance Review Committee is hereby created.  Landscape plans for the upgrading of existing properties shall be reviewed by the Landscape Compliance Review Committee.  The Committee will be comprised of two people from the Planning and Zoning Department, two people from the Community Improvement Department and the City Engineer.  The City Manager will appoint the staff members to the Committee.  The purpose of the Committee will be to review landscape plans for existing duplex, industrial, commercial and multi-family properties to determine if the plans meet the minimum required standards.  [Amd. Ord. 22-96  5/21/96]

(3)           Appeals:  Appeal from the Landscape Compliance Review Committee shall be to the Site Plan Review and Appearance Board or the Historic Preservation Board as applicable.  Appeal from the Site Plan Review and Appearance Board or the Historic Preservation Board shall be to the City Commission.  [Amd. Ord. 22-96  5/21/96]

 (4)          Relief:  Relief from the provisions of this Section shall only be granted through the waiver process [Section 2.4.7(B)] by the City Commission, Site Plan Review and Appearance Board or Historic Preservation Board as applicable.  [Amd. Ord. 22-96  5/21/96]; [Amd. Ord. 83-95 01/09/96] 

(H)          Minimum Landscape Requirements:

(4)           Existing Multiple Family, Duplex, Commercial, and Industrial Development:  All existing multi-family units, duplexes, and commercial and industrial uses shall comply with the minimum standards for landscaping as follows:  [Amd. Ord. 22-96 5/21/96]

a)            Provide for perimeter landscaping adjacent to public rights-of-way to screen vehicular parking, open-lot sales, service and storage areas to the extent physically possible and deemed feasible by the Landscape Compliance Review Committee.  Elimination of parking spaces required by code will not be permitted to upgrade landscaping, however, the deletion of parking spaces in excess of code requirements will be required if they are in areas that will facilitate the required implementation of the minimum landscape requirements for existing development contained herein.  [Amd. Ord. 22-96 5/21/96]

b)            Provide sod and irrigation within the right-of-way between the property line and the edge of pavement of the adjacent travel lane.  The removal of existing asphalt may be required within the area between the property line and the edge of pavement of the adjacent travel lane.[Amd. Ord. 22-96 5/21/96]

c)             Provide screening for all dumpsters and refuse areas and all ground level air-conditioning units and mechanical equipment.  Adequacy of screening shall be determined by the Landscape Compliance Review Committee.  [Amd. Ord. 22-96 5/21/96]

d)            Foundation landscaping shall be provided for building elevations that are visible from adjacent rights-of-way.

(I)            Minimum Maintenance Requirements:

(1)           General:  The owner or his agent shall be responsible for the maintenance of all landscaping required by ordinance or made a condition for approval for a building permit.  Landscaping shall be maintained in a good condition so as to present a healthy, neat, and orderly appearance at least equal to that which was required for the original installation, and shall be kept free from refuse and debris.  Maintenance is to include mowing, edging, weeding, shrub pruning, fertilization and inspection and repair of irrigation systems to ensure their proper functioning.