HomeMy WebLinkAboutCity of Tamarac Ordinance O-1972-005Th(s 9 i� �� was
Introduced by �
CITY OF TAMARAC, FLORIDA
ORDINANCE NO.'��
AN ORDINANCE 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 C:Oiz=ION WITH SINGLE FAMILY
DMJZZDZS); REQUIRING SUCH LANDSCAPING TO BE SHOWN
ON PLANS FOR BUILDING AND USE PERMITS; PROVIDING FOR
CONTINUING ENFORCEMENT PROCEDURES BY THE CITY AFTER
NOTICE TO THE OWNER. OR OCCUPANT; ESTABLISHING LIENS
FOR COST, EXPENSES AND ATTORNEY'S FEES; AND PROVIDING
AN EFFECTIVE ECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMARACI
FLORIDA:
SECTION I; Objective. The objective of this ordinance 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 Tamarac 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
for screening and aesthetic qualities, since the City Council finds
that the peculiar characteristics and dualities of Tamarac justify
regulations to perpetuate its aesthetic appeal.
SECTION 2: Enforcement. This ordinance shall be a minim=
standard and shall apply to the incorporated area, and shall be
enforced 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 context
will permit, the definitions provided in Section 1.01, FLORIDA STATUTES,
and the following definitions shall apply:
(a) Landsca in : Landscaping shall consist of any of the
following or cambination 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
frcan 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
minimLun of fifteen (15) feet in Tamarac.
(d) shrubs: Shrubs required by this ordinance shall be self-
supporting, woody, evergreen species, as normally grown in Tamarac.
(e) Vines: Vines are plants which normally require support
to reach mature form.
(f) Accesn�ays:_ The maxitrnnri width of an accessway through the
perimeter landscaped strip to an off-street parking or other vehicular
use area shall be twenty-four (241) feet for two --way vehicular movement
and twelve feet (121) 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 (100)
feet of street frontage, one additional two-way or two additional
one-way drives may be permitted for each additional, one hundred feet
(10011 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; Landsca irements for Certain Yard Areas and
Off-Street-Parkigg 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 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 minim landscaping
requirements hereinafter provided, save and except areas used for
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parking or 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 exclusive of plant material except hedges
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 3(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 requirerents herein
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(b) Maintenanot-A. 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 frcm 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 "Grades & Standards for Nursery Plants" part 1,
1963 and Part 11, 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 ccmpliance with the departmentt's duality
control program.
2. Trees shall be species having an average mature
spread of crown of greater than fifteen (15) feet in Tamarac and having
trunk Cs) which can be maintained in a clean condition over five C5) feet
of clear wood. Trees having an average mature spread of crown less
than fifteen (15) feet may be substituted by grouping the same
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so as to create the equivalent of a 15 foot crown spread. Balms
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 completely 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
Department for the guidance of the public.
(3) Shrubs and hedges. Shrubs and hedges shall be a
dun 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 ant lawns in Tamarac. Grass areas
may 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.
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(d) r Landsc ih .'Adj aunt 'to PUblic Ra:� htS-�oftj1a .
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, excluding dedicated alleys, there
shall be provided landscaping between 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 nonliving 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
£rcm the lineal dimension used to determine the number of trees
required.
(e) Perimeter Landsc�a2ing Relatipg to Abuttin pro ties.
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on the site of a building or structure or open lot use providing
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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 3.5 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 can lot lane
and the off-street parking area or other vehicular use area in a
planting strip of not less than 2.5 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 nUrjzM 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) Parkin 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 abutting 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 parrallel 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 tmD types of areas may be separated
for the purposes of determining the other vehicular use area by
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first multiplying the total number of parking spaces by 400 and
subtracting the resulting figure fran the total square footage of
the paved area. Each separate landscaped area shall contain
a mi.nimam. 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 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) Si ht Distance for LandsMing Adjacent to Public
Ri htsrof Wa 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 frcm 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
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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-vay lines, measured frcm their point
of intersection, and the third side being a line connecting the
ends of the other two lines.
(h) Existi 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 city department charged with the issuance 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 keeping with and will preserve the intent of
this ordinance.
SECTION 5: Board of Adjustment ls. Appeals to the
Board of Adjustment 1W 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 licable'lations. (1) The provisions
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
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
Department a bond of 100% covering the costs of materials, labor,
and other costs incidental to the installation of the required
landscaping.
SECTION 7: Flan 8Wroval. 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
su]MUtted 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.
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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 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
conplies with the provisions herein.
SECTION 8: Landsca a 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
landscaping in accordance with the above standards.
SECTION 9: penalty The Building Inspector is hereby designated
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 in: Vi nl ni-i rirnc
(a) Should any owner, agent or person having charge of
or occupying any lot or premises covered by this ordinance refuse
or neglect, for a period of fifteen (15) days after receiving notice
from the City of any violation of this ordinance, fail.to cure such
violation, the City may act to cure such violation withoat further
notice.
(b) The City may then cause the work of removal, replace-
ment and/or cutting to be done and the cost of such work shall forth-
with be paid by such owner, agent or other person.
(c) Upon failure of the owner, agent or other person to
PrMPUY pay the cost of such work the City Clerk shall cause an
affidavit to be placed upon the public records of the county describing
the work done and the amount of cost incurred by the City, and such
affidavit shall constitute a claim of lien against the property,
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forecloseable in the manner of mechanic's liens, together with the
costs of the action and all reasonable attorneys fees incurred by
the C.i.ty.
(d) Notices required by this ordinance may be mailed to the
owner of record as shown on the taxroll of Broward County or may be
posted upon the premises by affixing in any conspicuous place on any
structure located on such premises or by leaving a copy of such
notice with any person of suitable age occupying or having charge
of the premises.
SK-TION 11: Savings clause: Should any section or provision
of this ordinance or any portion thereof, or any paragraph, word
or sentence be declared by a court of ccapetent jurisdiction to be
invalid, such decision shall not affect the validity of the remainder
hereof as a whole or any part hereof, other than the part declared
to be invalid. .
SECTION 12: All ordinances or parts of ordinances in conflict
herewith be and the same are hereby repealed.
SECTION 13; This ordinance shall became effective immediately
upon its final passage.
PASSED FIRST READING this Cj day of ►
1972. �T
PASSED SECOND READING thIs�day of L1
1972.
PASSED THIRD READING this day of _ ~ a•� —►
1972.
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MAYOR
ATTEST:
,r ;,ERTIFY tllai I have
i 4,_ term and correctness
of th,s a
C Y A TORIVEY
RECORD OR COUNCIL. VOTE
Manor seltman
Vice Mayor Lange
Johnson
Goijnc:iwran Schutz
Cvu �ciit spa, t Iarcone
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