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.
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(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.
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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
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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
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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
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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
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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.
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(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.
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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
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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
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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.
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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
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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.
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WILLIAMS. HATFIELD AND STONER, INC.
FT, LAUDERDALE. FLORIDA
CIVIL ENGINEERS AND LAND SURVEYORS
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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" `
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