Loading...
HomeMy WebLinkAboutCity of Tamarac Ordinance O-1974-003CITY OF TAMARAC, FLORIDA ORDINANCE NO. �- AN ORDINANCE REPEALING ORDINANCES 72-5, 72-17, 73-81, PROVIDING MINIMUM STANDARDS REQUIRING LANDSCAPING OF AREAS, INCLUDING SETBACK, YARD AND OFF-STREET PARKING AND OTHER VEHICULAR USE AREAS IN CONNECTION WITH NEW CONSTRUCTION OR CHANGE OF USE, REQUIRING DECORATIVE WALL AND LANDSCAPING SCREENING COMMERCIAL USE PROPERTY FROM RESIDENTIAL. REQUIRING ALL LANDSCAPED AREAS BE PROVIDED WITH AN UNDERGROUND IRRIGATION SYSTEM. REQUIRING CURBING OF CERTAIN LANDSCAPED AREAS AND SWALES. REQUIRING THE PROVISION OF DUMPSTERS AND SCREENING OF DUMPSTERS AND ROOFSCAPES. RE- QUIRING SUCH LANDSCAPING TO BE SHOWN ON PLANS FOR BUILDING AND USE PERMITS: PROVIDING FOR ENFORCE- MENT AND PENALTIES FOR VIOLATION: ESTABLISHING LIENS FOR COST, EXPENSES AND ATTORNEY'S FEES: PROVIDING A SAVINGS CLAUSE; REPEALING ALL ORDI- NANCES IN CONFLICT HEREWITH: PROVIDING AN EFFECT- IVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: Ob_je_c_t_ive. 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 ser- vice areas in Tamarac and to protect and preserve the appear- ance, character and value of the surrounding neighborhoods and thereby promote the general welfare by providing for installa- tion and maintenance of landscaping for screening and aesthetic qualities. Prior to the clearance of the parcel of land it is in- cumbent on the developer to preserve the healthy trees and shrubs, to be replanted in the landscape area, and whenever possible ex- isting trees and vegetation should be preserved on a site being developed, in recognition of their importance to the environment. Since the City Council finds that the characteristics and quali- ties of Tamarac justify regulations to perpetuate its aesthetic appeal. WHEREAS trees and shrubs are known producers of oxygen, a necessary element for the survival of man. WHEREAS trees and shrubs appreciably reduce the ever increasing and env1q,011mentally dangerous carbon dioxide content of the air man breathes. WHEREAS trees and shrubs are an invaluable physical and phychological counterpoint to the urban setting, making urban life more comfortable by providing shade and cooling the air and land, reducing noise and glare and breaking the monotony of man's developments on the land. WHEREAS a rear perimeter wall acts as an effective screen to reduce sight pollution and prevention of litter encroachment --'%'to residential areas. SECTION 2: Enforcement. This ordinance shall be a minimum standard and shall apply to the incorporated area, and shall be enforced by the Director of Building and Zoning, and the Code Enforcement Officer of the City of Tamarac, and subject to recommendations of the Beautification Committee. 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: (Building Code 304.2) (a) Landscaping: 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 and palms: and other material such as rocks, pebbles, sand, woodchips, walls or fences or curbing, but excluding paving. (b) Irrigation: A system of piping and sprinkler heads, its use being to convey water to all landscaped areas. (c) Encroachment: Encroachment is defined as any protru- sion of a vehicle outside of a parkspace, display area or access - way into a landscaped area. Car stops shall be placed at least two (2) feet from the edge of such landscaped area. dZ (d) Curbing: See Appendix "A" (e) Trees: Trees shall be defined as a self-supporting, woody evergreen plant which has a trunk diameter of at least 2 inches or more or a circumfrence of over 4 inches when measured 3 feet above planting. (f) Palms: Palms are to be self-supporting with full fronds - coconuts to be planted away from any area where falling fruit could injure pedestrians or cause damage. (g) Shrubs: Shrubs shall be self-supporting, woody, bushy, evergreen species. (h) Vines: Vines are plants which normally require support to reach mature form. (i) 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 (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 two hundred feet (200') 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. (j) Dumpsters: - Trash and garbage receptables. (k) Swale: Areas between finished paved Right of Way and property line. (1) Roofscra es: Areas on building rooftops containing air conditioning and other accessory equipment. ISM SECTION 4: Landscaping Requirements for Certain Yard Areas and Off -Street Parzing and other Vehicular Use Areas including Screening of Utility Boxes, Pumps, etc. All utility boxes and pumps to be reasonably screened. 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 landscaping requirements herein- after provided, save and except areas used for 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 and must follow precisely to the letter all specifications and plans presented to and passed by the Beautification Committee. Any alteration made to the plans and specifications other than has been approved by said Committee shall be deemed a violation and this Committee shall request the officials designated in Section 2 to halt all work until the violation is abated or the Committee approves the requested changes in the plan. Landscaped areas shall require protection from vehicular encroachment as herein provided in Section 3(b). Where a landscaped area is a medial or an island, it shall be completely curbed with poured concrete, (See Appendix A), except where the perimeter is used for parking and car stops are installed. Where two accessways meet, all landscaped areas -4- n along the curved radius shall be curbed. A qualified represen- tative of the Building Department charged with the issuance of building permits shall inspect all landscaping, and no cer- tificates of occupancy or similar authorization will be issued unless the landscaping meets the requirements herein provided. (b) Maintenance: The owner, tenant or his agent shall be jointly and severally responsible for the maintenance of all landscaping, curbing, car stops and paving and Swale areas. The landscaping to be maintained in good healthy condition, pruned and free of dead limbs and branches. All dead growth to be removed and immediately replaced, such as trees, palms, shrubs, etc. (c) Irrigation: Sprinkler system to be underground with sufficient heads to cover every square foot of landscaped area, including swale area. (d) 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, 1953 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. 2. Trees. A variety of trees shall be considered by all architects, conforming to the type of architecture and keep- ing in mind the character of trees at maturity. All trees used to screen abutting properties are to achieve mature appearance of balanced design. Trees shall be species having an average mature spread of crown of greater than fifteen (15) feet 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 (15) feet may be substituted by grouping 961! the same so as to create the equivalent of a 15 foot crown spread. e used for perimeter plantings, then not Whenever palms ar be required in a grouping for credit less than three shall as one tree. _ Tree species shall be a minimum of eight (8)feet overall height immediately after planting and have a trunk diameter of at least two (2) inches or more or circumference of four (4) inches when measured three (3) feet above planting and a trunk measurement of not less than five (5) feet of clear wood after planting. Trees of a species whose roots are known to cause damage other public works shall not be planted to public roadways or closer than twelve (12) feet to such public works, unless the tree root system is completely contained within a barier for which the minimum interior containing dimensions shall be five (5) feet square and five (5) feet deep, and for which the con- struction requirements shall be four (4) inch thick concrete reinforced which #6 road mesh (6x6x6) or equivalent. 3. Shrubs and hedges. Shrubs and hedges shall be at - least thirty (30) inches 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 sod shall be either stone, bark chips, artillery fern, or other foliage maintained to four inches (4"). This material or foliage shall be planted or distributed in such a manner as Broil to present a finished appearance and reasonably completed coverage within two months after planting. Ground cover for hedge rows must be either bark, wood chips or stone. 6. Lawn grass. Grass areas shall be sodded with solid sod of a species normally grown as permanent lawn. Sod shall be used in swales or other areas subject to erosion and shall extend to all abutting street pavement at ingress -egress points. All Swale areas to be curbed. (See Appendix A) (e) Required Landscaping Adjacent to Public Ri hts-of-Wa . On the site of a building or open lot use providing an off- street parking area or other vehicular use area, or other open set back areas, where such area will not be entirely screened visually by an intervening building or structure from any abut- ting right-of-way 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 which is exposed to an abutting right-of-way shall be landscaped, such landscaping to include one tree for each 30 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 an 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 thirty (30) inches 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 or more thereof, one six foot (61) 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 orm r over the top of such barrier. The remainder of the required landscaped areas shall be landscaped with sod, ground cover or other landscape treatment excluding pavement. Grass seed may be used in some instances and only by permission and with the direction of the Beautification Committee. 2. 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. (f) Perimeter Landsca ing Relating to Abbutting Properties. All Commercial areas including multi family residences that abut or overlook single family homes shall erect a decorative, con- tinuous wall of a minimum of six (6') feet in height with land- scaping to provide a protective and attractive barrier. All other perimeters shall be fully landscaped so as to form a continuous screen between public right-of-way and abut- ting properties. When a canal divides commercial business and/or offices from residential areas, a four foot (41) decorative wall shall be erected with a set back from canal with a minimum of five feet (5') or such greator minimum requirement established by other ordinances of the City of Tamarac. In addition, shrubs, trees, and vines shall be provided along canal. other perimeter landscaping, located along abutting lot lines of development area shall be provided with a continuous hedge not less than three and one half (3--1/21) feet, nor greater than six (6') feet in a planting strip not less than three (3') feet in width. In addition, one tree shall be provided for each forty lineal feet of such landscape barrier or fractional part thereof. Such trees shall be located adjacent to the lot line. Each 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 sod, ground cover or other landscape material (excluding paving) -- in addition to the required trees. (g) Parking Area Interior Landscaping. Off-street park- ing areas shall have at least ten (10) square feet of interior landscaping for each parking space excluding all parking spaces which are directly served by an aisle abutting and running parallel to such perimeter. In addition, other vehicular use areas shall have one (1) square foot of landscape area for each one hundred (100) square feet or fraction thereof of paved area. Each separate landscaped area shall contain a minimum of fifty (50) square feet and shall have a minimum dimension 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 manner as to divide and break up the expanse of paving. It is the purpose of this section to create a park- like atmosphere within parking lots as opposed to wall-to-wall asphalt. 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. MM (h) Treatment of Open Space Area. The open space area of each plot, being that area not utilized for structures and/or paving, shall contain a minimum of one (1) tree and five (5) shrubs for every two thousand (2,000) square feet of such open space area or portion thereof. These requirements shall be in addition to other required landscaping as otherwise required by this ordinance. (i) Sight Distance for Landscaping Adjacent to Public Rights -of -Way and Points of Access. When an accessway inter- sects a public right-of-way or when the subject property abuts the intersection of two mor 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 areas 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 access - way 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 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 connecting the ends of the other two lines. _10- 1-1 SECTION 5: Other Areas. 1. Dumpsters. Number or size of dumpsters required shall be determined by the number of tenants and type of business conducted on premises and shall be placed in an accessible location. All dumpsters shall be completely con- cealed. If located within building, the trash rooms shall be provided with an automatic sprinkler and deodorizing system. Should the dumpsters be located outside of building, said dumpsters shall be easily accessible both to tenant and col- lector. All outside dumpsters shall be installed on concrete slabs to be completely enclosed with a three sided wall and gate. The walls to be screened by shrubs and vines. 2. Roofscapes. Accessory equipment shall be concealed from ground view by location on the roof, parapet wall, or other appropriate architectural treatment. SECTION 6: Other A licable Re ulations. 1. This ordinance shall be used as a guide to upgrade existing non -conforming off-street parking areas to the require- ments of this ordinance to the planning and building code requirements and is supplementary to Ordinance 73-87. 2. If the landscaping requirements of this ordinance have not been met at the time that a Certificate of Occupancy could otherwise be granted and is requested, the owner or his agent shall post with the Building Department a bond of 150% covering the cost of materials, labor, and other costs incidental to the installation of the required landscaping, for a period of not more than 45 days. If the requirements are not met within 45 days the City may at its option complete or correct the deficiency pursuant to Section 10 of this Ordinance. SECTION 7: Flan Ap roval. Except for single family dwellings, prior to the issuance of any building permit, a plot use plan shall be submitted to and approved by the -11- S � � Beautification Committee. The plot plan shall be drawn to scale, the scale being not less than 1/16". This scale requirement may be waived by the Beautification Committee. Elevations showing front and rear of all buildings shall be included with the plot plan. Such plan shall indicate zoning - of surrounding property including identity of streets, and including dimensions and distances, and clearly delineate the existing and proposed parking spaces, or other vehicular use areas, access aisles, driveways, sprinklers and water outlet locations, and the location, size and description of all 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 unless such plot plan complies with the provisions herein, and has been approved by the Beautifica- tion Committee. SECTION 8: Landscape Manual. The City Council may direct the preparation or adoption of a landscape manual prepared by a qualified individual 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 Director and Code Enforcement Officer are 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 a minimum of fifty ($50.00) dollars or a maximum of Five Hundred ($500.00) dollars. Each day a violation exists shall constitute a separate offense. SECTION 10: Violations. Should any owner, agent or person having charge of or occupying any lot or premises =WZ 01 1-1 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 at its option act to cure such violation without 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 forthwith be paid by such owner, agent or other person or from any bond posted pursuant to Section 6 hereof. (c) Upon failure of the owner, agent or other person to promptly 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, foreclosable in the manner of mechanic's liens, together with the costs of the action and all reasonable attorneys' fees incurred by the City. (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. SECTION 11: Savings Clause. Should any section or pro- vision of this ordinance or any portion thereof, or any paragraph word or sentence be declared by a court of competent juris- diction to be invalud, 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 except as noted herein, be and the same are hereby repealed. SECTION 13: This ordinance shall become effective immediately upon its final passage. -13- PASSED FIRST READING THIS �;? 'i DAY OF PASSED SECOND READING THIS �ie` DAY OF PASSED THIRD READING THIS 2DAY OF (*, MAlfOR ATTEST: CI LERK 197�- 197f.. 1971� RECORD OF COUNCIL VOTE Mayor Seltman Vice Mayor Lange Councilman Johnson .4 Councilman Shultz Councilman Tucker I HEREBY CERTIFY,oFthat I have e f m and correct- ne�Y is Ardinance. CITY ATTORNEY. fWILLIAMS, HATFIELD AND STONER, .INC. 2312 WILTON DRIVE CIVIL ENGINEERS AND LAND SURVEYORS PT. LAUDERDALE. FLORIDA M. f61 Zia* Curb shall be constructed to a true line and grade from "transJt mix" concrete having a minimum 28 day compressive strength of 2,500 psi. Metal or approved wood forms shall be used for all concrete work and all exposed surfaces shall be rubbed while the concrete is green to produce a finished surface smooth and even, free of form marks, voids and honey comb. Any irregularities greater than 4 Inch, as determined by placing a 10 foot straightedge parallel with the long axis of the curb shall be cause for reJect ion of that section of curb. RrV1610N8 PATE ■v DATH b1.�1131 BRAWN • 1 1.1 I MY ECK[D +y tt' 1600K0 r � v t i � 2312 Wit -TON DRIVE ,J. WILLIAMS. HATFIELD AND STONER, INC. FT, LAUDERDALE. FLORIDA CIVIL ENGINEERS AND LAND SURVEYORS r 1-0 ►t 2LOu -4,z- to L'Il-e XC4► BA'sr-- Gutter shall be constructed to a true line and grade from "transit mix" concrete having a minimum 28 day compressive strength of 2,500 psi. Metal or approved wood forms shall be used for all concrete work and all exposed surfaces shall be rubbed while the concrete is green to produce a finished surface smooth and even, free of form marks, voids and honey comb. Any irregularities greater than 4 inch, as determined by placing a 10 foot straightedge parallel with the long axis of the curb shall be cause far lined rej ection ection of that section of curb. Sub -grade under concrete to be si 6 inches thick at L.B.R. 40, 98% average maximum dense. Y" ` DAYYL NlVI/ION1 AY ... ...._ .--i - pNAWN CHECK 6U F IIELU pA1G HY 6Y OpCJK 2312 WILTON DRIVE WILLIAMS. HATFIELD AND STONER, INC. CIVIL ENGINEERS AND LAND SURVEYORS FT. LAUDERDALE. FLORIDA CCNC?,.C-- IV KAI) e-R C'uft —1 44-01A 16 5wo-jlll REVIBIONS Ie I A re- 174 won Sligo WMPRor,K Z%--O kc-00cv'v-1v wo)�'Pc-g' cuRa -m Br DATE By C,0tN)STRU(:1,"b1D AP-MV, �WV"rrlu*r DAY& iN, DRAWN CHECKED FIELD By 13 y BOOK