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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ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA, that: SECTION 1: Article I, Chapter 6, is hereby repealed and in its stead is adopted the following.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