HomeMy WebLinkAboutCity of Tamarac Ordinance O-1978-009Introduced by: Milt Klika
CITY OF TAMARAC, FLORIDA
ORDINANCE N0.
Temp. No. 487
Revised 11/3/77
Revised 11/28/77
Revised 1/3/78
Revised 1/18/78
Revised 2/8/78
AN ORDINANCE ESTABLISHING MINIMUM LANDSCAPING
REQUIREMENTS FOR THE CITY OF TAMARAC; PROVIDING
FOR SAID LANDSCAPING REQUIREMENTS TO BE SHOWN ON
PLANS FOR APPROVAL PRIOR TO THE ISSUANCE OF A
BUILDING PERMIT; RESCINDING AND TERMINATING
ARTICLES I AND III OF CHAPTER 6 EXCEPT SECTIONS
6-26, 6-27, AND 6-28 OF THE TAMARAC CITY CODE;
REPEALING ALL LAWS IN CONFLICT, PROVIDING A
PENALTY CLAUSE AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Tamarac, Florida,
believes it to be in the best interest and general health and wel-
fare of the citizenry to require the installation and constant
maintenance of landscaping in connection with new construction
and/or change of use and continuous maintenance in all use areas
within the City limits.
BE IT THEREFORE ORDAINED BY THE CITY COUNCIL OF THE CITY
OF TAMARAC, FLORIDA, that:
SECTION 1: Article I, Chapter 6, is hereby repealed and
in its stead is adopted the following.
gEOTION 2. Objective and Definitions.
A. The Ob'ective of this Ordinance is to improve the
community appearance within the City limits of the
City of Tamarac by providing for the installation
and maintenance of landscaping with trees and shrubs,
making urban life more comfortable by providing shade,
cooling the air and land, reducing the noise, glare
and the environmentally dangerous carbon dioxide
content of the air, because trees are known as pro-
ducers of oxygen as well as beauty in the community.
B. Definitions. In construing the provisions hereof
�- and each and every word, term, phrase or part
thereof, where the context will permit, the de-
finitions 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 rust free water
to all landscaped areas.
(c)
Encroachment: Encroachment is defined as any
protrusion of a vehicle outside of a park -
space, display area or accessway into a land-
scaped area. Wheel stops shall be placed at
least two (2) feet from the edge of such land-
scaped area.
(d)
Cures Curbing when placed to protect all
landscaping from encroachment of vehicles
shall be concrete.
(e)'Trees:
Trees shall be defined as a self-
supporting, woody plant which has a trunk
diameter of at least two inches or more or a
circumference of over four inches when measured
five feet above planting.
(f)
Palms: Palms are to be self-supporting with
full fronds.
(g)
Hedges: Hedges shall be self-supporting, woody,
bushy, evergreen species,at least twenty-four
(24") inches high when planted.
(h)
Swale: Areas between finished paved right-of-way
and property line.
SECTION 3: ARTICLE 111, Chapter 6, is hereby repealed
except for Sec. 6-26, 6-27, and 6-28 and in its stead is adopted
the following.
-2-
SECTION 4: Minimum Land sca e Re uirements in Commercial
Zoned Districts (B-1, B-2, B-3, R-0, R-OA I-1 and R-5).
A. Required Landscaping Adjacent to the Street Rights -of -Way.
1. A landscape strip at least five (5') feet in
width abutting a street right-of-way shall include
one tree per each thirty (30) lineal feet or fraction
thereof. Such trees shall be at least ten (101)
feet in height when planted with five (51) feet
of clear wood at least two inches in diameter mea-
sured five (51) feet above ground, with no branching
permitted below five (51) feet. Accessways through
such landscaped strips may be subtracted from the
lineal dimension used to determine the number of
trees required.
2. In addition, the remainder of the required land-
scape strip shall be landscaped with sod, ground
cover or other landscape treatment excluding pav-
ing. The swale area between the property line and
the street pavement shall be sodded.
3. The trees near where the accessways intersect with
the street right-of-way shall be placed so that
they do not obstruct the visibility of existing
traffic. They also should have the limbs and
foliage kept trimmed to five (51) feet minimum
height from the ground.
4. No more than one two-way accessway (32' wide
maximum) shall be permitted for any street front-
age up to one hundred (100') lineal feet or not
more than two one-way accessways - (16' wide
maximum) shall be permitted for any street front-
age up to one hundred (100') lineal feet. Any
additional accessways permitted for frontage
greater than one hundred (100') lineal feet
shall be at the discretion of the City Council
with the recommendation of the Planning Commission
19911
and the City Engineer taken into consideration.
5. The trees permitted to be used in the strip ad-
jacent to the street rights -of -way shall be
Limited strictly to the following varieties: black
olive, mahogany,bischofia, or live oak, interchangeably.
6. Where the vehicular parking area is abutting the
street right-of-way it shall be required that a
hedge of a type listed on the approved plant
list in Sec. 8B, minimum 24 inches high when planted
and maintained. -no .higher-_ than a. maximum o-f' .3-0. inchea
in height, or a berm 30 inches high shall be inataped-
to screen the parking area from the street right-of-
B. Reduired Perimeter Landscaping Adjacent to Abutting
Properties.
1. A strip of land at least three (3') feet in width
abutting adjacent property shall include one tree
per each thirty (301) feet or fraction thereof.
Such trees shall be at least eight (S') feet in
height when planted with five (51) feet of clear
wood at least two (2") inches in diameter measured
five (5') feet above ground.
2. In addition, the remainder of the landscaped strip
shall be landscaped with sod, ground cover or
other landscape treatment excluding paving.
3. Where an existing landscape strip along the abutting
property line satisfies the intent of this pro-
vision of the ordinance, then this perimeter re-
quirement shall not apply.
4. The trees permitted to be used in this perimeter
landscape strip shall be limited strictly to the
following varieties: black olive, maho_gany,bischofia,
or live _oak, _ interchangeabdy ._ Pa_l.m-- trees-- shad - - - -
be permitted, however, three palm trees shall be
required instead of one shade tree and not more
than 257o of the required number of trees shall be
palm trees.
5. Where abutting a residential district, a ten (10')
foot landscaped buffer strip shall be provided
with shade trees, at least ten (101) feet high
when planted, placed no further than 25 feet
apart, center to center, along with a six (6')
foot high solid masonry wall, stuccoed and
painted, erected along such an abutting line.
6. Where a gasoline filling station, with or without
its usual accessory uses, abuts a commercially
zoned district as listed in this section, then
that perimeter landscape strip shall include
the construction of a solid masonry wall, stuccoed
and painted, along such an interior property
lines at a minimum height of three (3') feet to
a maximum height of eight (81) feet.
C. Parkin Area Interior Landsca ing.
In addition to the requirements of Section 3A and 3B
all off-street parking areas shall have a minimum requirement of
twenty (20) square feet of interior landscaping per each required
parking space. Such separate landscaped areas shall consist of
either sod, ground cover, shrubs, trees or any landscape treat-
ment excluding paving. There shall be a minimum of one (1) tree
seven (7') feet high when planted per each ten (10) required park-
ing spaces. Such landscaped islands shall be a minimum of five
(5') feet in width, completely curbed and shall be located so as
to divide the groups of parking spaces in order to relieve the
monotony of large expanses of paving and contribute to orderly
circulation of traffic in the parking areas. No grouping of
parking spaces shall exceed ten (10) in a row.
The trees refired in these interior areas shall be
limited strictly to the following varieties; black olive, mahogany,
bischof_ia-, or live oak, interchangeably_. -For t_ e purpose -ref - - -- - -
accent or landscape design, other trees and hedges may be used in
addition to the specific ones required by this ordinance, see the
approved list in Section 8B.
All interior landscaped areas shall also be located
SM
so as not to impede the drainage or the traffic circulation as
determined by the City Engineer.
The Planning Commission and/or the City Council may re-
quire that additional landscaping be provided to screen some
structures because of their location in relation to adjacent
properties.
D. A licable'Requirement Where Use Is By Special Exce Lion.
The Planning Commission and/or the City Council may
require that additional landscaping be provided to screen or buffer
structures in commercially zoned districts listed in this section,
where the permitted use is only by special exception.
SECTION 5: Minimum Landscaping Requirements in Residential
nictr'ints.
A. Sinkle Family and Duplex Districts.
There shall be a minimum of two (2) trees, at least
ten (101)
feet high, or three (3) trees at least
eight (8') feet
high, when
planted, per each unit. In addition
the street yard
and Swale
area shall be sodded with lawn grass.
Such lawn grass
area shall
be constructed with no more than 40%
of the total
lineal street frontage with gravel, stone, concrete, asphalt or
other similar material, including the necessary walks and drive-
ways. The
above minimum
requirements nay be noted
on the
site de-
velopment
plan instead of
on a separate landscape
plan.
The lo-
cation of trees is at owners discretion.
B. Multi -'Family by Districts.
There shall be a minimum of two (2) trees, at least
ten (101) feet high, or three (3) trees at least eight (S') feet
high, when planted, per each unit. In addition, the parking
areas shall have landscaped islands each containing at least one
(1) tree, ten (10') feet high when planted per every ten (10)
required parking spaces. Such landscaped islands shall be a
minimum of five (5') feet in width, completely curbed and shall
be located to divide the groups of parking spaces. No grouping
of parking spaces shall exceed ten (10) in a row.
In addition, whenever the parking areas abut the
street right-of-way, it shall be required that a hedge of a type
listed on the approved plant list in Section 8B, minimum 24 inches
high when planted or a berm at least thirty (30) inches high shall
be installed to screen such a parking area from the street right-of-
way.
The area between the street pavement and the proper-
ty line (swale) shall, be sodded with lawn grass. All other ground
area to be covered with buildings or paving shall be covered with
lawn grass, ground cover, trees, shrubs or other decorative land-
scape materials.
The Planning Commission and/or the City Coun-
cil may require that additional landscaping be provided to screen
various utility or other structures.
SECTION C: Minimum LandscapingLandscapihg Requirements in
5--1 Districts.
In all S-1 Districts the minimum landscape require-
ment shall be at least one (1) tree, eight (81) feet high when
planted for every 2,000 square feet of total lot area. The ground.
area not covered by building or paving shall be covered with grass,
ground cover, trees, shrubs or other decorative landscape materials.
All club buildings and facilities and parking areas shall have
the same landscape requirements as in the commercially zoned dis-
tricts.
SECTION 7: Minimum Landscaping Requirements
in
M-1 and M-2 Districts.
A minimum of ten (10%) percent of
the total
lot
area not covered by buildings shall be landscaped,
with one
(1)
tree, ten (101) feet high when planted, for every
2,000 square
feet.
In addition, whenever the parking
areas abut
the
street right-of-way, it shall be required that a
hedge of a
type
listed on the approved plant list in Section 8B, minimum 24 inches
high when planted and maintained no higher than a.maximum..f_30 inches
in height, or a berm 30 inches high shall be installed to screen such
a parking area from the street right-of-way.
-7-
The area between the street pavement and the proper-
ty line (swale) shall be sodded with lawn grass. All other ground
area to be covered with buildings or paving shall be covered with
lawn grass, ground cover, trees, shrubs or other decorative land-
scape materials.
The Planning Commission and/or the City Council
may require that additional landscaping be provided to screen
various utility or other structures.
SECTION S: General Applicable Regulations in All
Districts.
A. Installation: All landscaping shall be in-
stalled in a manner according to accepted good
planting procedures. Materials shall conform
to State of Florida Department of Agriculture
standards of Florida #1 or better. Trees,
hedges, ornamental and ground covers shall be
as per the approved plant list in Section 8B
of this ordinance and may be interchanged except
where specifically limited in this ordinance.
All landscaped areas shall be protected from
vehicular encroachment by either concrete carstops
or concrete curbing. All landscaping shall be pro-
vided with rust -free irrigation.
B. APPROVED PLANT LIST
SHADE TREES
Bischofia javanica Bischofia
Bucida Buceras Black Olive
Swietenia mahogani Mahogany
Quercus Virginiana Live Oak
LARGE TREES
Accacia species Acacia
Brassaia Actionophylla Shefflera
Ficus species (open areas only) Ficus
Grevillea robusta Silk Oak
Quercus Lauriolia Laurel Oak
ME
1
SMALL TREES
Bauhinia species
Callistemon viminalis
Callophylum inophylum
Coccoloba uvifera
Eribotrya japonica
HEDGES
(Miniumum height - 24")
Carissa grandiflora
Chrysobalanus leaco
Ligustrum species
Surinam Cherry
Vitex trifolia
Ficus nitida
Podocarpus macrophylla
ORNAMENTALS
Codiaeum Variegatum
Eugenia uniflora
Ixora coccinea
Viburnum suspensum
Orchid Tree
Weeping Bottle Brush
Beauty Leaf
Sea Grape
Loquat
Recommended spacing 24"
Natal Plum
Coco Plum
Glossy Privet
Cherry Hedge
Vitex
Cuban Laurel
Yew Podocarpus
Crotons
Surinam Cherry
Ixora
Sandankwa Viburnum
GROUND COVERS
Asparagus sprengerii
Asparagus Fern
Hermerocallis species
Day Lily
Liriope muscari
Lily Turf
Pilea microphylla
Artillery Plant
Rheo discolor
Wedelia trilobata
Oyster Plant
Wedelia
Zebrina pendula
Wandering Jew
PALMS
Arecastrum remanzoffiamum Queen Palm
Chrysalidocarpus lutescens Areca
Cocus nucifera (Malayan var.) Malayan Coconut
Paurotis wrightii Paurotis Palm
Roystonia elata Royal Palm
Sabal Palmetto Sabal Palm
C. Maintenance: All landscaping shall be maintained on
a regular basis and shall be the responsibility of the
owner of the property or his agent, and shall include
watering, weeding, mowing, fertilizing, treating, pruning,
removal and/or replacement of dead or diseased trees and
removal of refuse and debris so as to present a healthy,
neat
and
well
kept
appearance at all times.
Provision
shall
be
made
for
rust free irrigation of all
landscaping.._._
on a regular basis.
D. Enforcement: This ordinance shall be a minimum standard
and shall be enforced by the Chief Building Official of
the City of Tamarac, or his designated agent. All land-
scaping shall be installed as specified on final
im
approved landscape plans before request for a final
building inspection is made by the applicant.
If the landscaping requirements of this ordinance have
not been met at the time that a final building inspection
is requested, the owner or his agent shall post with the
Building Department a cash bond of 150% covering the
previously estimated cost of the remaining materials,
labor and other costs for a period of not more than
sixty (60) days after which time the City may at its
option, take steps to correct the deficiency as per
the violation section of this Ordinance.
E. Violations: Any owner or his agent who fails to in-
stall and/or maintain the required landscaping as specified on
the final approved landscape plan and refuses or neglects for a
period of twenty (20) days after receiving an order from the Chief
Building Official, to cure such a violation, shall be considered in
violationof the order and subject to a penalty.
F. Penalty: Any owner or his agent who violates an
order of the Chief Building Official, in the performance of his
duties of enforcement of this ordinance, shall forfeit and pay to
the City of Tamarac a civil penalty determined by the City Council
which shall not exceed one thousand ($1,000.00) dollars. The
civil penalty may be recovered in a civil action brought in the
name of the City of Tamarac by the City Attorney. Each separate
violation of such an order shall be a separate offense, and, in
the case of a violation through continuing failure or neglect to
obey an order, each day of continuance of such failure or neglect
shall be deemed a separate offense.
SECTION 9: Plan Approval. Prior to the issuance of any
building permit, as required by Chapter 7 of the Tamarac Code, a
landscape plan conforming to the requirements specified herein
shall be submitted with the final site development plan for review
by the Planning Commission and for approval by the City Council.
-10-
1
SECTION 10: SPECIAL EXCEPTION. Developments
currently being processed which are not in conformance with this
Ordinance may apply to the Planning Commission for special con-
sideration. The Planning Commission shall consider the project's
hardship and make appropriate recommendation to the City Council.
This Special Exception shall be valid for a period of 45 days
from the effective date of this Ordinance.
SECTION 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 competent
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 except as noted herein, be and the same are
hereby repealed.
This ordinance shall become effective
SECTION 13.
immediately upon its adoption.
PASSED FIRST READING this l_day of ,1077.
PASSED SECOND READING this ZZ day ofCz
^,1978.
v
MAYOR
ATTEST
C TY CLE
I HEREBY CERTIFY that I have read
and approved the correctness of RECORD (IF C09KC IL VOTE
this ORDINANCE MAYOR W. FALCK
V/M H. MAS,;Qo
.0
C I T ATTORN C/M M. WEt;vfi! "GEi�
C/M L M. DISRAELLY
C/M M. KLIKA
W