HomeMy WebLinkAbout2020-001-420 Amending Land Development Regulations ORDINANCE NO. 2020-001-420
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AMENDING THE CODE OF
ORDINANCES AS OUTLINED IN EXHIBIT "A" ATTACHED
HERETO; AMENDING ARTICLE I — "GENERAL PROVISIONS,"
ARTICLE IX — "GENERALIZED SCHEDULE OF PERMITTED
USES, USES PERMITTED WITH EXTRA REQUIREMENTS,
SPECIAL EXCEPTION USES AND PROHIBITED USES,"
ARTICLE X — "ACCESSORY USES AND STRUCTURES,"
ARTICLE XI — "DEVELOPMENT STANDARDS GENERALIZED
TABLE OF DEVELOPMENT STANDARDS," ARTICLE XII —
"OFF-STREET PARKING, LOADING AND VEHICULAR
CIRCULATION REQUIREMENTS," ARTICLE XV "PLANNED
CORRIDOR DEVELOPMENT DISTRICT (PCD) AND
ENTERTAINMENT OVERLAY DISTRICT (EO)," REPEALING
AND REPLACING ARTICLE XIV — "MINIMUM LANDSCAPE
AND BUFFERING REQUIREMENTS; FENCES; WALLS;
HEDGES," CREATING DIVISION 8 OF ARTICLE XV —
BUSINESS TRANSITIONAL OVERLAY DISTRICT OF THE CITY
OF MIAMI GARDENS LAND DEVELOPMENT REGULATIONS;
CREATING A LOCATION FOR THE BUSINESS TRANSITIONAL
OVERLAY DISTRICT AS OUTLINED IN EXHIBIT `B"
ATTACHED HERETO: PROVIDING FOR ADOPTION OF
REPRESENTATIONS; REPEALING ALL ORDINANCES IN
CONFLICT; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR INCLUSION IN CODE; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Miami Gardens adopted Land Development Regulations
(LDRs) in 2010, and
WHEREAS, staff has undertaken a review of the LDR's to determine whether
changes need to be made, and
WHEREAS, City staff is recommending updates to sections of the LDR's
pertaining to Article I - General Provisions, Article IX Generalized Schedule of Permitted
Uses, Uses Permitted with Extra Requirements, Special Exception Uses and Prohibited
Uses, Article X - Accessory Uses and Structures, Article XI - Development Standards
Generalized Table of Development Standards, Article XII - Off-Street Parking, Loading,
and Vehicular Circulation Requirements, Article XIV - Minimum Landscape and
Buffering Requirements, Fences, Walls, Hedges, Article XV - Planned Corridor
Development District (PCD) and Entertainment Overlay District (EO), and
WHEREAS, a City Council workshop was held on November 13, 2019 outlining
the proposed amendments,
Page 1 of 95
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF MIAMI GARDENS, FLORIDA, AS FOLLOWS:
Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas
paragraphs are hereby ratified and confirmed as being true, and the same are hereby
made a specific part of this Ordinance.
Section 2. AMENDMENTS: Article I, Article IX, Article X, Article XI, Article XII,
Article XV of the Land Development Regulations are hereby amended and Article XIV is
hereby repealed and replaced in accordance with Exhibit "A" attached hereto.
Section 3. BUSINESS TRANSITIONAL OVERLAY DISTRICT AREA. The
Business Transitional Overlay District shall be the area defined and described on
Exhibit "B" attached hereto.
Section 4. CONFLICT: All ordinances or Code provisions in conflict herewith are
hereby repealed.
Section 5. SEVERABILITY: If any section, subsection, sentence, clause, phrase
or portion of this Ordinance is for any reason held invalid or unconstitutional by any
court of competent jurisdiction, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the validity of the remaining
portions of this Ordinance.
Section 6. INCLUSION IN CODE: It is the intention of the City Council of the City
of Miami Gardens that the provisions of this Ordinance shall become and be made a
part of the Code of Ordinances of the City of Miami Gardens and that the section of this
Ordinance may be renumbered or relettered and the word "Ordinance" may be changed
to "Chapter," "Section," "Article" or such other appropriate word or phrase, the use of
which shall accomplish the intentions herein expressed.
Section 7. EFFECTIVE DATE: This Ordinance shall become effective
immediately upon its final passage.
PASSED ON FIRST READING ON THE 13TH DAY OF NOVEMBER, 2019.
AMMENDED ON SECOND READING ON THE 11TH DAY OF DECEMBER,
2019.
PASSED ON SECOND READING ON THE 2ND DAY OF JANUARY 2020.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS AT ITS REGULAR MEETING HELD ON JANUARY 22, 2020.
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IVER G E T, III, MAYOR
ATTEST:
MARIO BATAILLE, CMC, CITY CLERK
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY
SPONSORED BY: CAMERON BENSON, CITY MANAGER
Moved by: Councilman Williams
Seconded by: Councilman Ighodaro
VOTE: 6-0
Mayor Gilbert Absent
Vice Mayor/Council Member Harris Yes
Council Member Ighodaro Yes
Council Member Odom Yes
Council Member Leon Yes
Council Member Williams Jr. Yes
Council Member Wilson Yes
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EXHIBIT A
Language to be added is underlined;language to be deleted is shown str-ikethfsugh.
ARTICLE I. - GENERAL PROVISIONS
Sec. 34-13. -Zoning districts established.
The city is hereby divided into the following zoning districts that implement the various land use
classifications of the adopted CDMP, and achieve the other purposes of this chapter:
R-1 Single-Family Dwelling Residential District
R-2 Two-Family Dwelling Residential District
R-15 Multiple-Family Dwelling Residential District
R-25 Multiple-Family Dwelling Residential District
R-50 — Multiple-Family Dwelling Residential District
NC Neighborhood Commercial District
PCD Planned Corridor Development District
I-1 Light Industrial District
1-2 Heavy Industrial District
PD Planned Development District
AU Agricultural and Utilities District
OF Office District
GP Government Properties District
EO Entertainment Overlay District
BTO Business Transitional Overlay
Words underlined are added. Words stricken through are deleted.
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(Ord. No. 2010-10-218, § 2(1-130), 4-7-2010; Ord. No. 2011-25-267, Exh. B, 11-2-2011;
Ord. No. 2015-03-333, § 2(Exh. A), 3-25-2015)
Sec. 34-14. - Purpose and intent of zoning districts.
(a) R-1 Single-Family Dwelling Residential District. Provides for use and occupancy of one-family
detached dwelling units at low densities, essential services and facilities, and select public and
institutional uses. Implements the lowest density range of the Neighborhood CDMP land use
category, allowing up to six du/ac.
(b) R-2 Two-Family Dwelling Residential District. To provide for use and occupancy of one-family
detached and two-family dwellings at low-medium densities, essential services and facilities, and
select public and institutional uses. Implements the seven to 15 du/ac range of the Neighborhood
CDMP land use category.
(c) R-15 Multiple-Family Dwelling Residential District . Provides for use and occupancy of one-family
attached and detached, two-family and multiple-family dwellings at low-medium densities, essential
services and facilities, and select public and institutional uses. Implements the seven to 15 du/ac
range of the Neighborhood CDMP land use category.
(d) R-25 Multiple-Family Dwelling Residential District. Provides for use and occupancy of single-family
attached and multifamily dwellings at medium densities, essential services and facilities, and select
public and institutional uses. Also permits single-family detached and two-family dwellings.
Implements the 16 to 25 du/ac range of the Neighborhood CDMP land use category.
(e) R-50 Multiple-Family Dwelling Residential District. Provides for use and occupancy of single-family
attached and multifamily dwellings at medium-high densities, related essential services and facilities,
and select public and institutional uses. Also permits single-family detached and two-family
dwellings. Implements the 25 to 50 du/ac range of the Neighborhood CDMP land use category.
(f) NC Neighborhood Commercial District. Provides locations for a variety of commercial uses, select
public and institutional uses, select recreation and entertainment uses, and places of assembly, that
are located within, and compatible with, adjacent neighborhoods. Implements the Neighborhood
(Suburban Commercial and Office)CDMP land use category.
(g) PCD, Planned Corridor Development District. Implements the CDMP Commerce land use category
by allowing multiple-family residential dwellings, a wide range of commercial uses, select recreation
and entertainment uses, mixed residential and commercial uses, select public and institutional uses,
and places of assembly in the following urban contexts as identified in the CDMP: Urban Commercial
and Office; Medium-Density Residential; Medium-High Density Residential; Urban Center; Urban
Core; and Golden Glades Area. See article XV of this chapter for detailed intent and purpose
statements.
(h) I-1 Industrial District, Light. Provides for a wide range of land uses including research, assembly,
fabrication, manufacturing, repair, service, retail, entertainment, and places of assembly. Implements
the CDMP Urban Industrial component of the Commerce land use category.
(i) 1-2 Industrial District, Heavy. Provides for a wide range of land uses including research, assembly,
fabrication, manufacturing, repair, service, retail, entertainment, and places of assembly. Implements
the CDMP Urban Industrial component of the Commerce land use category.
Q) PD Planned Development District. Provides flexibility in the master planning, design and
development of relatively large properties for residential, commercial, mixed residential commercial,
public and institutional uses, and recreation and entertainment uses. May be used to implement the
Neighborhood and Commerce CDMP land use categories.
(k) AU Agricultural and Utilities District. Provides for agricultural, select public and institutional uses,
select recreational uses, limited commercial and service uses, and light industrial uses. The AU
district is compatible with, and allowed within, the Neighborhood Commerce land use categories of
the CDMP.
Words underlined are added. Words stricken through are deleted.
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(1) OF Office District. Provides for a wide range of office, related supporting business uses, and limited
public and institutional uses. Implements the CDMP Suburban Office component of the
Neighborhood land use classification.
(m) GP Government Properties District. Provides for public and institutional uses that are classified as
"public and semi-public uses" in the CDMP or that are provided for the general use, benefit, or
protection of the community. The CDMP authorizes such uses in all land use categories subject to
the applicable plan policies.
(n) EO Entertainment Overlay District. The area is intended to revitalize commercial centers in the city
thereby generating revenue and providing ample and convenient shopping for residents. The EO
district also encourages and supports large-scale development or entertainment driven uses
including, but not limited to, hotels, theaters, cultural centers, indoor recreation facilities, alcoholic
beverages uses, commercial activities, with the purpose of attracting customers and visitors from
local, regional, national, and international areas. The EO district is depicted on the offical zoning map
and overlay areas designated planned corridor development(PCD).
(o) BTO Business Transitional Overlay District. The Business Transitional Overlay District (BTO) is
intended to encourage redevelopment of underutilized properties and consolidation of developable
parcels, thereby achieving more efficient land use and improved site design, while providing a
smooth transition between residential and commercial properties.
(Ord. No. 2010-10-218, § 2(1-140), 4-7-2010; Ord. No. 2011-25-267, Exh. B, 11-2-2011;
Ord. No. 2015-03-333, § 2(Exh. A), 3-25-2015)
Words underlined are added. Words stricken through are deleted.
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ARTICLE IX.-GENERALIZED SCHEDULE OF PERMITTED USES, USES PERMITTED WITH EXTRA
REQUIREMENTS,SPECIAL EXCEPTION USES AND PROHIBITED USES
Sec. 34-287.-Use regulations,generally.
(a) Permitted uses. Permitted uses are considered to be fundamentally appropriate within the district in
which they are located, and are deemed to be consistent with the comprehensive plan. These uses
are permitted as of right, subject to any use-related standards and requirements that may be
applicable in section 34-288, and the site plan and permit requirements and procedures described in
this section.
(b) Special exception uses. A use listed as a special exception in a zoning district is deemed to be
generally unsuitable for location in such district, but may be permitted on a case-by-case basis if,
after review and possible attachment of conditions pursuant to the procedures and criteria of section
34-48, the city determines that the use will be appropriate in the given zoning district. A special
exception use is also subject to extra requirements in section 34-288 when indicated in the use
regulations schedule.
(c) Accessory uses. Principal uses listed in the use regulations schedule are deemed to include
accessory uses listed in article X of this chapter, where such accessory uses are customarily
associated with, and are incidental and subordinate to, such principal uses. An accessory use shall
be subject to the same regulations that apply to the principal use in each district, except as otherwise
provided.
(d) Temporary uses. Uses that are deemed temporary in nature, at the sole discretion of the
administrative official or regulated otherwise, by separate ordinance, shall not be subject to the
standards and requirements as set forth in this chapter, except that the administrative official may
impose conditions, which may include, but not limited to, limiting the period of approval for such
uses, imposing hours of operations, operation standards to minimize impacts on surrounding
properties, and other conditions deemed necessary to minimize detrimental impacts to the welfare of
the community.
(e) Prohibited uses. Any use not specifically listed as a permitted or special exception use, or as an
accessory use to a permitted or special exception use, or any use for which the administrative official
cannot categorize as similar to a permitted use, special exception use, or accessory use related to a
permitted or special exception use, shall be considered expressly prohibited.
(f) Site plan required. Permitted uses that are subject to use-related standards in section 34-288 and all
special exception uses require final site plan review and approval.
(g) Permits required. Except as explicitly provided herein, no use designated as a permitted or special
exception use in this chapter shall be established until after the person proposing such use has
applied for and received all required development permits which may include final plat approval, final
site plan approval, a building permit, certificate of use, and a certificate of occupancy; all pursuant to
the requirements of this chapter.
(h) Uses within an enclosed building. All uses and related activities shall be within an enclosed building,
except as may otherwise be permitted in this chapter, or as would be allowed as a customary,
incidental, or common practice activity to the use.
(i) Permitted use table. The following permitted use table, supplemented by the Master Use List and
Use Definitions set forth in section 34-733, shall be used to determine the zoning district in which a
given use may be established. In the event of conflict between the use table in this section and
section 34-733, the administrative official shall render an interpretation as to which prevails.
Words underlined are added. Words stricken through are deleted.
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LEGEND
P means the use is permitted in the corresponding zoning district.
SE means the use is subject to special exception procedures as outlined in Section 34-48 including
additional application fees and approval by the City Council at a noticed public hearing
❑ means the use is prohibited in the corresponding zoning district
*M means additional requirements and criteria must be met in order for the use to be permitted
per the criteria in Section 34-288 and Section 34-733
Table 1: Permitted Uses
R-15
Zoning Districts/Uses 1 2 R-25 NC BTO PCD E OF 1-1 1-2 PD AU GP
R-50
Residential Type Uses
Adult day care center*(1) ❑ ❑ ❑ P ❑ P ❑ P ❑ Ho
P ❑ ❑
Adult Family Care Home, up to 5 residents*(3) P P P ❑ ❑ ❑ ❑ ❑ ❑ ❑ P ❑ ❑
i
Assisted Living Facility(ALF), up to 6 residents* ❑
(8) P P P ❑ El TO
❑ P ❑ ❑
Assisted Living Facility(ALF),greater than 6 ❑
SE SE SE SE SE ❑ SE ❑ ❑ SE ❑ ❑
residents*(9)
Community residential home, up to 6 ❑
residents*(17)
Community residential home,greater than 6 ❑
SE SE SE SE SE ❑ SE ❑ ❑ SE ❑ ❑
residents *(18)
Dormitories, Fraternity or Sorority house,on ❑
campus, off-campus
Words underlined are added.Words stricken through are deleted.
Page 8 of 95
Family day care home, 5 children or less *(22) P P P P P P ❑ ❑ ❑ ❑ ❑ ❑ ❑
Farm worker housing ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ SE ❑
Halfway house ❑ ❑ ❑ SE ❑ SE ❑ SE ❑ ❑ ❑ ❑ ❑
Hotels, Motels, Lodging ❑ ❑ ❑ ❑ ❑ P P ❑ P P P ❑ ❑
Mobile home*(31) ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ P ❑ ❑
Nursing Home ❑ ❑ ❑ P ❑ P ❑ P ❑ ❑ P ❑ ❑
Residential—mixed-use residential ❑ ❑ ❑ P P ❑ ❑ ❑ P ❑ ❑
Residential—multifamily residential*(41) ❑ ❑ P ❑ ❑ P P ❑ ❑ ❑ P ❑ ❑
Residential—single-family-detached P
residential*(41)
_[__
-[
Residential—townhouse*(41) ❑ ❑ PT ❑ ❑ SE ❑ ❑ ❑ To ❑
Residential—two-family duplex*(41) ❑ P ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑
Shelter ❑ ❑ ❑ ❑ ❑ SE ❑ ❑ ❑ ❑ ❑ ❑ ❑
Public and Institutional Type Uses
Airport,airfield, heliport, related uses—public, a
private*(4)
Community centers ❑ ❑ ❑ P P P P ❑ ❑ ❑ P ❑ P
Cultural and civic facilities—libraries, P
❑ ❑ ❑ P P P ❑ ❑ ❑ P ❑ P
museums
Detention facility ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ P
Educational and child care facilities—non- ❑
❑ ❑ ❑ ❑ — P ❑ ❑ P P P ❑ P
public *(20)
t
Words underlined are added. Words stricken through are deleted.
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Educational facilities—college or university— ❑
❑ ❑ ❑ ❑ SE ❑ SE SE SE P ❑ P
private; main campus*(21)
Educational facilities—public, including charter P
P P P P P ❑ P P P P P P
school
Educational facilities—technical,vocational, ❑ ❑ ❑ P g P ❑ P P P P ❑ P
specialty—non-public
Government facilities, including ❑
administrative support and service ❑ ❑ ❑ ❑ ❑ P ❑ ❑ ❑ P ❑ P
Hospital—private, public*(27) ❑ ❑ ❑ ❑ ❑ SE ❑ ❑ ❑ ❑ P ❑ P
Hospital—psychiatric *(28) ❑ ❑ ❑ ❑ ❑ SE ❑ ❑ ❑ ❑ SE ❑ SE
Public parks and recreational facilities P P P P P P P P P P P P P
Public safety facility P P P P P P P P P P P P P
Sewage lift or pumping station*(39) P P P P P P P P P P P P P
Solid waste transfer station ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ P P ❑ P
Transit station ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ P
Utilities and related facilities ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ P
Water plant,waste water plant ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ P
Vehicle Related Commercial Type Uses
Car wash—enclosed*(11) ❑ ❑ ❑ P ❑ P ❑ ❑ P P ❑ ❑ ❑
Car wash—outside, hand wash*(12) ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ P P ❑ ❑ ❑
Car wash—mobile*(13) g ❑ P P
Parking Garage, Lot—commercial * (32) ❑ ❑ ❑ ❑ a P P P P P P ❑ P
Words underlined are added. Words stricken through are deleted.
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Car Rental—automobile only *(47) ❑ ❑ ❑ ❑ ❑ P ❑ ❑ P P ❑ ❑ ❑
Rental—Truck and other vehicles ❑ ❑ ❑ ❑ P ❑ ❑ P P ❑ ❑ ❑
Bus charter service, Passenger bus terminal ❑ ❑ ❑ ❑ SE ❑ ❑ SE SE SE ❑ P
Vehicle Fueling stations and sales ❑ ❑ ❑ P ❑ P ❑ ❑ P P ❑ ❑ ❑
Vehicle major repair—mechanical, body ❑
Vehicle towing service
Vehicle minor repair—maintenance,service ❑ ❑ ❑ ❑ ❑ P ❑ ❑ P P ❑ ❑ ❑
Vehicle—parts sales and installation ❑ ❑ ❑ ❑ ❑ P ❑ ❑ P P ❑ ❑ ❑
Vehicle—parts sales, retail ❑ ❑ ❑ ❑ ❑ P ❑ ❑ P P ❑ ❑ ❑
Vehicle sales—retail, new automobiles*(45) ❑ ❑ ❑ ❑ ❑ P ❑ ❑ P P ❑ ❑ ❑
Vehicle sales—retail, used automobiles*(45) ❑ ❑ ❑ ❑ ❑ SE ❑ ❑ SE SE ❑ ❑ ❑
Vehicle sales—wholesale dealer,online P ❑ P P P P
independent dealer*(46) ❑ ❑ ❑
Recreation, Entertainment Type Uses
Amusement parks,stadiums, arenas*(5) ❑ ❑ ❑ ❑ ❑ ❑ P ❑ ❑ ❑ P ❑ ❑
Arcade,video games,electronic gaming ❑ ❑ ❑ P1:1 P ❑ P P 1:1 1:1 1:1
Casino gaming facility ❑ ❑ ❑ ❑ ❑ ❑ P ❑ ❑ ❑ ❑ ❑
Miniature golf, driving range ❑ ❑ ❑ P ❑ P P ❑ P P P ❑ ❑
Words underlined are added. Words stricken through are deleted.
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Sport shooting range(indoor) *(26) ❑ ❑ ❑ ❑ ❑ SE ❑ ❑ SE SE ❑ ❑ ❑
Race track—horse ❑ ❑ ❑ ❑ ❑ ❑ P ❑ ❑ ❑ ❑ ❑
Sports fields, batting cages, basketball courts, ❑
racket ball courts,sporting activities, bowling ❑ ❑ ❑ P P P ❑ P P P ❑ P
alleys—indoor
Sports fields, batting cages, basketball courts, ❑
11 ❑ SE SE P ❑ P P P SE P
racket ball courts, sporting activities—outdoor
Restaurant, Food And Beverage Service Type Uses
Adult entertainment establishment*(2) ❑ ❑ ❑ ❑ ❑ ❑ ❑ I ❑ I P P ❑ ❑ ❑
Bar/lounge,Wine tasting room *(10) ❑ ❑ ❑ ❑ g P P ❑ ❑ ❑ ❑ ❑ ❑
Box lunches,distribution*(14) ❑ P P
Catering Service*(15) ❑ ❑ ❑ P ❑ P P P P P ❑ ❑ ❑
Nightclub, Discotheque, Club,Cabarets. 7oo
❑ ❑ ❑ SE P ❑ SE SE ❑ ❑ ❑
Restaurant—sports,amusement, P
coffee/sandwich shop,cafeteria, outdoor ❑ ❑ ❑ P P P P P P P P ❑
cafe*(37)
Microbrewery*(36) ❑ ❑ ❑ ❑ ❑ SE P ❑ P P ❑ ❑ ❑
Places Of Assembly Type Uses*(33)
Auction House—indoor*(33) ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ P P ❑ ❑ ❑
S€
Banquet hall *(33) ❑ ❑ ❑ SE SE SE ❑ SE SE ❑ ❑ ❑
P
Funeral Homes*(33) ❑ ❑ ❑ ❑ ❑ P ❑ ❑ P P ❑ ❑ ❑
Words underlined are added. Words stricken through are deleted.
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Place of religious assembly*(33) ❑ ❑ ❑ P P P P ❑ P P ❑ ❑ ❑
Private clubs, not public*(33) ❑ ❑ ❑ P ❑ P P ❑ P P ❑ ❑ ❑
Theater(movie, performing arts) *(33) ❑ ❑ ❑ P g P P ❑ P P ❑ ❑ ❑
Commercial Type Uses
Convenience store* 48) ❑ ❑ ❑ P ❑ P ❑ P P ❑ ❑
Donated goods Center—new/used*(23) ❑ ❑ ❑ P g P ❑ ❑ P P ❑ ❑ ❑
Drug, Pharmacy store *(19) ❑ ❑ ❑ ❑ ❑ P ❑ ❑ P P ❑ ❑ ❑
1
Flea market*(24) ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ SE SE ❑ ❑ ❑
Food specialty store To ❑ P ❑ P P ❑ P P P ❑ ❑
Grocery store ❑ ❑ ❑ P ❑ P P ❑ P P P ❑ ❑
❑
Liquor package store ❑ ❑ ❑ ❑ P ❑ ❑ P P ❑ ❑ ❑
Pawn shop ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ SE SE ❑ ❑ ❑
Greenhouse, plant nursery, retail or wholesale ❑ ❑ 11SE P SE ❑ _FT P ❑ P ❑
Retail—big box, club membership,department ❑ ❑ ❑ ❑ SE ❑ ❑ P P ❑ ❑ ❑
Retail—general,single use ❑ ❑ ❑ P ❑ P P P P P P ❑ ❑
Retail—Home improvement, building ❑
materials* (35)
Secondhand merchandise store/consignment ❑
❑ ❑ ❑ ❑ SE ❑ ❑ P P ❑ ❑ ❑
store
Smoke Shop/Vape Shop ❑ ❑ ❑ ❑ ❑ SE ❑ ❑ SE SE ❑ To
Words underlined are added. Words stricken through are deleted.
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Office Type Uses
Call center ❑ ❑ ❑ P g P P P P ❑ ❑ ❑
Office—business,sales, professional,semi- P
❑ ❑ ❑ P P P P P P P ❑ ❑
professional services
Office—medical office/medical clinic ❑ ❑ ❑ P P P P P P P P ❑ ❑
Service Type Uses
Animal grooming and pet sitting—indoor ']
❑ ❑ P P P ❑ P P P ❑ P ❑
Animal Hospital/Veterinarian clinic *(6) ❑ ❑ ❑ P ❑ P SE P P P ❑ P ❑
Animal kennel -commercial boarding Dog ❑
❑ ❑ ❑ ❑ SE ❑ ❑ SE SE ❑ P ❑
training facility* (7)
Animal shelters ❑ ❑ ❑ ❑ ❑ SE ❑ ❑ P P ❑ P ❑
Blood banks, diagnostic medical treatment ❑
❑ ❑ ❑ P P ❑ P P P ❑ ❑ ❑
centers
Check cashing, bill payments ❑ ❑ ❑ P ❑ P ❑ P P P ❑ ❑ ❑
Copy, printing center 11 1:1 ❑ P P P P P P P P ❑ ❑
Cosmetic Surgery, beauty clinics 0 ❑ P P P P P P P P ❑ ❑
Customer service center ❑ ❑ ❑ P ❑ P P P P P ❑ ❑ ❑
Dry cleaning ❑ ❑ ❑ P ❑ P P ❑ P P ❑ ❑ ❑
Equipment and tool rental ❑ ❑ ❑ ❑ ❑ P ❑ ❑ P P ❑ ❑ ❑
Financial institution-banks, credit unions, ❑
investment brokerage establishments, ❑ ❑ ❑ P P P P P P P ❑ ❑
ATM*(25)
Words underlined are added. Words stricken through are deleted.
Page 14 of 95
Health club,fitness club ❑ ❑ ❑ P ❑ P P ❑ P P P ❑ ❑
Laundromat, self-service ❑ ❑ ❑ P ❑ P ❑ ❑ P P ❑ ❑ ❑
Package shipping, mail service ❑ ❑ ❑ P P P P P P P P ❑ P
Personal care services ❑ ❑ ❑ P P P P P P P P ❑ ❑
Repair and service shop—general merchandise ❑ ❑ ❑ P ❑ P ❑ ❑ P P ❑ ❑ ❑
Self-service storage facility*(38) ❑ ❑ ❑ ❑ ❑ SE ❑ ❑ P P ❑ ❑ ❑
Studios—photographic, and instructional ❑ ❑ ❑ P ❑ P P P P P T ❑ ❑
Tattoo parlor, body piercing ❑ ❑ 07
❑ ❑ P ❑ ❑ P P ❑ ❑ ❑
Other Uses
Cemetery, crematory*(16) ❑
mausoleums,cremato 16 ❑ ❑ ❑ ❑ ❑ ❑ ❑ SE SE ❑ SE
Small Wireless Facility*(44) P P P P P P P P P P P P P
Wireless Antennas and support services*(43) SE SE SE SE ❑ SE SE SE P P SE SE P
Industrial Type Uses
Warehouse, Distribution center ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ P P ❑ ❑ ❑
Dry cleaning—commercial laundry plant ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ P qT
❑
Industrial uses—heavy*(29) ❑ ❑ ❑ ❑ ❑ ❑ i �❑ ❑ P ❑ ❑ ❑
Industrial uses—light *(30) ❑ ❑ ❑ El El ❑ P P ❑ ❑
Laboratory—medical, research,testing ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ P P ❑ ❑ ❑
Radio and N studio, music production,movie El
11 ❑ SE SE SE ❑ P P ❑ P P
studio
Words underlined are added.Words stricken through are deleted.
Page 15 of 95
Recycling facility, Refuse disposal ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ P P ❑ ❑ P
Salvage yard,junkyard *(40) ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ P P ❑ ❑ ❑
Showrooms, retail sales ❑ ❑ ❑ P g P P ❑ P P ❑ ❑
Showrooms,wholesale sales ❑ ❑ ❑ ❑ P P ❑ ❑
Wholesale fireworks and wholesale or retail ❑
sparklers in accordance with F.S. § 791.04 and ❑ ❑ ❑ ❑ ❑ ❑ ❑ P P ❑ ❑ ❑
F.S. § 791.015
Agricultural Type Uses
Farms—produce, livestock ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ P ❑
Farmer's market*(34) P P P P P P P 77_PT P P
Seed drying facility ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ P ❑
Urban agricultural gardens*(42) SE SE SE SE SE SE SE SE ❑ ❑ 7 P
Sec. 34-288.-Uses permitted with extra requirements.
The extra requirements of this section shall be deemed necessary in order for uses subject to such
requirements to be considered appropriate and compatible within the applicable zoning districts where
such extra requirements apply.
(14) Box lunches, distribution. No person shall distribute box lunches until such person has obtained
a Business Tax Receipt (BTR) and Certificate of Use (CU) permit from the administrative
official. Such permit shall be subject to the following restrictions:
a. No selling to be conducted on, or from, the public right-of-way and such sales to be made
only from private property on which is located the use whose employees desire the service,
and then only with the consent of the owner of such private property. (In the event active
construction prevents access to private property, a temporary stop may be made on right-
of-way.)
b. The uses to be served to be confined to industrial, , and any
development with an active building permit and under active construction.
c. Owners of the box lunch business to be responsible for the action of their drivers and
salesmen, and that such drivers and salesmen to do everything possible to prevent and
eliminate the scattering of food, cups, napkins, garbage, and other related disposable
products at their stops.
d. Vehicles are not permitted to park at any one location more than two hours.
Words underlined are added. Words stricken through are deleted.
Page 16 of 95
e. The hours of distribution shall be limited to between 11:00am and 3:00pm.
Nothing contained herein shall prohibit temporary mobile food facilities in accordance with chapter 4,
article II, section 4-45.
(18) Convenience Stores are permitted provided:
(1) Every convenience business shall be equipped with the following security devices and
standards:
(a) A security camera system capable of recording and retrieving an image to assist in
offender identification and apprehension.
(b) A drop safe or cash management device for restricted access to cash receipts.
(c) A lighted parking lot illuminated at an intensity of at least 2 foot-candles per square foot
at 18 inches above the surface.
(d) A conspicuous notice at the entrance which states that the cash register contains $50 or
less.
(e) Window signage that allows a clear and unobstructed view from outside the building
and in a normal line of sight of the cash register and sales transaction area.
(f) Height markers at the entrance of the convenience business which display height
measures.
(g) A cash management policy to limit the cash on hand at all times after 11 p.m.
(2) A convenience business shall not have window tinting that reduces exterior or interior view
in a normal line of sight.
(3) Every convenience business shall be equipped with a silent alarm to law enforcement or a
private security agency, unless application for an exemption is made to and granted by the
Attorney General. An application for exemption must be in writing and must be accompanied by
an administrative fee of$25 for each store for which an exemption would apply.
(4) If a murder, robbery, sexual battery, aggravated assault, aggravated battery, or kidnapping
or false imprisonment, as those crimes are identified and defined by Florida Statutes, occurs or
has occurred at a convenience business since July 1, 1989, and arises out of the operation of the
convenience business, that convenience business shall implement at least one of the following
security measures:
(a) Provide at least two employees on the premises at all times after 11 p.m. and before 5
a.m.;
(b) Install for use by employees at all times after 11 p.m. and before 5 a.m. a secured safety
enclosure of transparent polycarbonate or other material that meets at least one of the
following minimum standards:
Words underlined are added.Words stricken through are deleted.
Page 17 of 95
1. American Society for Testing and Materials Standard D3935 (classification PC110 B 3
0800700) and that has a thickness of at least 0.375 inches and has an impact strength of
at least 200 foot pounds; or
2. Underwriters Laboratory Standard UL 752 for medium power small arms (level one),
Bullet Resisting Equipment;
(c) Provide a security guard on the premises at all times after 11 p.m. and before 5 a.m.;
(d) Lock the business premises throughout the hours of 11 p.m.to 5 a.m., and only transact
business through an indirect pass-through trough,trapdoor,or window; or
(e) Close the business at all times after 11 p.m. and before 5 a.m.
(S) For purposes of this section, any convenience business that by law implemented any of the
security measures set forth in paragraphs (4)(a)-(e) and has maintained said measures as
required by the Department of Legal Affairs without any occurrence or incidence of the crimes
identified by subsection (4) for a period of no less than 24 months immediately preceding the
filing of a notice of exemption, may file with the department a notice of exemption from these
enhanced security measures. In no event shall this exemption be interpreted to preclude full
compliance with the security measures set forth in subsection (4) should any occurrence or
incidence of the crimes identified by subsection (4) cause subsection (4) to be statutorily
applicable.
Words underlined are added.Words stricken through are deleted.
Page 18 of 95
ARTICLE X.-ACCESSORY USES AND STRUCTURES
Sec.34-311.-Accessory use table.
The following accessory use table shall be used to determine the required zoning district of which
a use may be established. Unless otherwise stated, setback and spacing regulations shall be
in compliance with Section 34-342, Table 1. Additional standards shall be complied with for the
establishment of the accessory use.
LEGEND
P means the use is permitted in the corresponding zoning district.
means the use is prohibited in the corresponding zoning district
means additional requirements and criteria must be met in order for the use to be permitted per the
criteria in Section 34-312
Accessory Use Generalized Table by Zoning District
R-15
Zoning District/Accessory Use and Structures 1 2 R- R- R-25 NC PCD OF BTO 1 2 I- (-
PD AU GP EO
R-50
Awnings,canopies,roof overhangs, P P
P P P P P P P P P P P
balconies,architectural structures*20,22
Carports*21,22 P P
Commercial recyclable material P P P P P P P P P
storage area* 10
Construction trailer—temporary P
P P P P P P P P P P P
Trailer used as sales office*17
Ice and Propane storage*24
P P P P P P P
Home Occupation Office*25 P P P P P P P P P
Donation bins*15 P P P P P P P
Drive-thru facilities*23 P
P P
Dumpster enclosures*9 P P P P P P P P P P P
Words underlined are add.WoWstricken through are deleted.
Gatehouses,guardhouses*19 P P P P P P P P P
Generators—permanent*5 P P P P P P P P P P P P
Maintenance building commercial, industrial P P P P P P P
*8
P
Mobile medical, professional unit*18 P P P P P P P P
Multifamily recyclable material storage
P P P P P
areas*11
News kiosk*14 P P P P P P P P
Outdoor dining*6 P P P P P P P P
Outdoor grilling,commercial*7 P P P P P P P P
Outdoor storage,open air storage, P
including vehicles*12 P P P
Portable storage units*4 P P P P
Sc-een enclosures,covered patios*3 P P P P P
Swim in
ing pools,spas, *2 P P P P P P P P P
Utility sheds,storage shed*1 P P P P P P
Vending machines,video arcade games*13 P P P P P P P P P
Watchman,manager or caretaker quarters—
P P P P P P P P
permanent,temporary*16
Note:See additional standards and requirements and criteria for specific accessory uses set forth in
section 34-312 and the master use list in appendix A of section 34-733.
Words underlined are adftt.NoWstricken through are deleted.
ARTICLE XI.-DEVELOPMENT STANDARDS GENERALIZED TABLE OF DEVELOPMENT STANDARDS
Sec.34-342.-Tables for development standards.
The following are generalized development standards categorized by standards and by zoning
districts. These standards are minimum requirements, unless otherwise regulated in this section that all
development shall comply with:
Table 1. Development Standards
Zoning Districts
R-1,Single-Family
(See Figures 11-1, 11- R-2,Two-Family; R-15,
R-15, Multiple-Family; R-25,
2 for illustrations) Multiple-Family; R-25,
j Multiple-Family; R-50,
Multiple-Family; R-50,
Multiple-Family
Business Transition
Multiple-Family
Overlay(BTO)
Single-family
Detached Townhouse Multiple-family
Two-Family
i
Lot and Density Parameters
Minimum dimensions 'I
Not applicable 10,000 s.f. 10,000 s.f.
per development site
96 ft.(block)
Lot frontage,
75 ft. 22 ft. individual interior 100 ft.
minimum
lot
Lot frontage, --- --- —�-- ---
minimum (corner lots
75 ft. 37 ft. individual lot 100 ft.
and townhome end
lots)
i
-- — — I r
— -
Lot area (net), 2,200 s.f. interior lot;
1 7,500 s.f. 3,700 s.f.for corner and 10,000 s.f.
minimum
end lots
t
--------�---- --�—� — ' R-15 up to 15 du/ac
Density, maximum
Up to 6 du/ac Up to 15 du/ac R-25 up to 25 du/ac
(net)
R-50 up to 50 du/ac
Words underlined are added.Words stricken through are deleted.
Page 21 of 95
Lot coverage and Permitted Impervious areas
Lot coverage principal
40% max. 70 max. per lot 60 max.
building
50%max. impervious -�
Required front yard 90 max. impervious area Not applicable
area
i
Lot coverage
(accessory building
30% max. 30%max. Not applicable
within required rear j
yard)
I i
_ I
70% max. impervious
Rear yard 70%max. impervious area Not applicable
area
Maximum Height
R-15:40 ft./3 stories
Principal building(s) i 35 ft./2 stories 40 ft/3 stories R-25: 50 ft./4 stories
R-50: 120 ft./10 stories
Accessory building (s) 14 ft. 14 ft. 20 ft.
Principal Building Size,Setbacks and Spacing
Greater than 150 ft.
Building length requires administrative
Not applicable 155 ft.
(maximum) approval for massing and
articulation
Front setback
25 ft. 20 ft. 25 ft.
(minimum)
I
Rearsetback
(minimum) 25 ft. 15 ft. 25 ft.
7.5 ft. min.or 10%of
Interior side setback
lot width but not less 15 ft. 15 ft.
(minimum)
than 5 ft.
Words underlined are added. Words stricken through are deleted.
Page 22 of 95
Side street setback
15 ft. 15 ft. 20 ft.
(minimum)
I
Spacing between Not applicable ; 20 ft.without openings; 20 ft. without openings;
s;
principal buildings (only 1 dwelling per
30 ft.with openings 30 ft.with openings
(minimum) lot)
I
Accessory Building Setbacks and Spacing
Front setback
75 ft. 75 ft. 25 ft.
(minimum)
I I
Rearsetback
5 ft. 5 ft. 5 ft.
(minimum)
I
Interior side setback
(minimum) 7.5 ft. 5 ft. 15 ft.
Side street setback
(minimum) 20 ft. 20 ft. 20 ft.
Between accessory
building and any other 10 ft. 10 ft. 20 ft.
Building(minimum)
Carport Setbacks
Front(minimum) 5 ft. 5 ft. 5ft.
Rear(minimum) 5 ft. 5 ft. 5 ft.
Interior side
5ft. 5ft. 5ft.
(minimum)
Side street(minimum) 5 ft. 5 ft. 10 ft.
Swimming Pool Setbacks
Words underlined are added.Words stricken through are deleted.
Page 23 of 95
Front setback 75 ft. individual lot 25 ft.
75 ft. 25 ft.
(minimum) on common area
Rear(minimum) 7.5 ft. 7.5 ft. 10 ft.
Interior side
10 ft. 10 ft. 10 ft.
(minimum)
Side street(minimum) 20 ft. 20 ft. 25 ft.
Screen Enclosure Setbacks
Rear(minimum) 6 ft. 6 ft. 5 ft.
Interior side
(minimum) 5 ft. 7.5 ft. 7.5 ft.
I
Side street(minimum) 15 ft. 15 ft. 20 ft.
Patio Slabs-Brick Pavers
Rear(minimum) 5 ft. 5 ft.
Interior side
5 ft. S ft.
(minimum)
^Side street(minimum) 15 ft. 15 ft.
GeyeFagc --�
Words underlined are added. Words stricken through are deleted.
Page 24 of 95
ARTICLE XII.-OFF-STREET PARKING,LOADING AND VEHICULAR CIRCULATION REQUIREMENTS
Sec.34-374.-Purpose and intent.
The intent of this article is to ensure adequate and appropriately located off-street parking and
loading, to avoid undue congestion on streets, to avoid unnecessary conflicts between vehicles and
pedestrians, to preserve and enhance pedestrian activity areas within the city, and to facilitate vehicular
access from public rights-of-way to off-street parking facilities.
(Ord. No. 2010-10-218, § 2(12-10), 4-7-2010)
Sec.34-375.-Parking and loading facilities required.
A certificate of use shall not be issued for any structure or use unless required parking spaces and
loading facilities are provided.When the use of all or a portion of land or a structure utilized for a business
is changed, if the parking requirements for the new use exceed the original parking requirements for the
facilities, additional parking shall be provided to meet the requirements for the new use. Any expansion,
alteration, or improvement increasing the gross square feet of an existing structure which increases the
required number of parking or loading spaces shall be accompanied by a corresponding increase in the
number of spaces.
(Ord. No. 2010-10-218, § 2(12-20),4-7-2010)
Sec. 34-376.-General requirements.
(a) Storm drainage for parking and loading spaces. Off-street parking and loading spaces, for other than
single-family residences and duplexes, shall be provided with drainage systems adequately
designed and maintained as required by the following:
(1) To prevent the accumulation of water from normal rainfall; and
(2) To prevent the runoff of rainfall onto neighborhood property at rates greater than would result if
the site were undeveloped. Drainage systems shall be designed in accordance with standards
set forth in the city's public works manual and meeting the approval of the public works
department.
(b) Maintenance and good repair. All required off-street parking areas shall be maintained in good repair
and shall be kept in a reasonably clean and sanitary condition free from rodents, insects and vermin.
(c) Parking in open space areas prohibited. Parking in areas for open space, landscaped areas, and
lawns shall be prohibited.
(d) Supplemental parking. Off-street parking spaces that are provided in excess of the number required
in this article are discouraged. Additional parking spaces provided wf rteet the StandaFdE;
Set fGFth OR this aFti a may be permitted subject to approval of an administrative variance or waiver
as set forth in section 3449.
(e) Retention of required off-street parking spaces. Required off-street parking spaces shall not be
replaced by any other on-site facility unless equal parking facilities are provided elsewhere. Off-street
parking spaces existing on the effective date of the ordinance from which this article is derived shall
not be reduced to an amount less than required.
(f) Ownership of parking and loading spaces. The title of all property on which required parking and
loading is provided shall be unified with the title of all property on which the uses served are located.
Deed restrictions and other documents which provide for title unification shall be recorded with the
city clerk prior and shall be subject to consideration of a development approval.
(g) Entrances and exits to parking and loading facilities. Entrances and exits to parking and loading
spaces shall be located on one or the other:
Words underlined are added.Words stricken through are deleted.
Page 25 of 95
(1) Land in the same zoning district as the use served;
(2) Land in a less restrictive zoning district.
(Ord. No. 2010-10-218, § 2(12-30), 4-7-2010; Ord. No. 2011-21-263, § 2, 10-5-2011)
Sec. 34-377.-Parking facility standards for single family residential and fewer than four dwelling units on a
lot.
Developments of fewer than four dwellings on a lot are subject only to the requirements of this
section unless otherwise provided in this section.
(1) Required off-street parking spaces shall be located on the property on which the units are
constructed. Required parking may be located in a front yard. Parking areas located in the front
yard shall be surfaced with a hard, smooth, non-dusting surface in accordance to the public
works manual and meeting the approval of the public works department.
leaded dFiveways and 20 feet fE)F double leaded dFiveways.
(2) Each parking space shall comply with the minimum dimensions in section 34-382. Where
driveway parking is provided, the minimum length of any driveway shall be 20 feet. Minimum
driveway width shall be ten feet minimum for single-loaded driveways and 20 feet maximum for
double-loaded driveways. The total width of all driveways combined (circular or multiple
driveways) shall not exceed 30 feet. Circular driveways shall provide 25 feet minimum
separation between driveways and 5 feet minimum separation between the property line and
the driveway at center of landscape island.
paFkinq 6paG&&-.
(4) DFiveways feF GiRgle family Fe6idenGes and duplexes shall be spaGed a minimum five feet from
(3) Driveways for single-family residences and two-family (duplexes) shall be spaced a minimum
five feet from any side yard property line and shall be three feet separated from the building.
(4) Parking spaces for single-family detached, two-family and townhouse dwellings may be
provided in the form of a driveway in front of each dwelling unit. Parking may be tandem.
Ingress and egress to the parking space may involve backing out onto a public right-of-way,
provided that back out parking for townhouses is permitted only on minor, local access streets.
(5) Installation of a new driveway requires a paved driveway approach. The width of the driveway
approach shall match the width of the interior driveway. A vehicular gate shall not be permitted
unless a driveway and approach are provided.
(6) Number of driveways for single family residences. A maximum of two (2)driveways are
permitted per residence. Access points shall meet the approval of the public works
Department.
(Ord. No. 2010-10-218, § 2(12-40), 4-7-2010)
Words underlined are added.Words stricken through are deleted.
Page 26 of 95
Sec.34-378.-Construction standards,pavement markings and signage.
(a) All parking areas shall be paved per requirements of the city public works department. It shall be a
violation of this chapter to park on any unpaved areas as described in this article.
(b)
parking spaGP-'-; shall be delineated by feur-inrGh;.Awohite double striped IiRes. All GigRS shall GGMPIY
DepaFtFR8Rt of TranspertatieR, 1979, as adopted by the state depaFtFReRt Of as
feuise� ,
(b) Pavement Markings. All required off-street standard parking spaces shall be delineated by four-inch
white double striped lines, except concrete pavement shall be delineated by four-inch yellow double
striped lines.
(c) Signage. Traffic control signs and pavement markings shall be used as necessary to ensure safe
and efficient traffic operations within all parking and loading areas. All signs shall comply with the
latest version of the Manual of Uniform Traffic Control Devices Federal Highway Administration,
United States Department of Transportation, as adopted by the state department of transportation,
as revised.
For parking stalls where a sidewalk is located in front of the parking stall, signage shall be placed in
one the following locations in order of preference:
(1) Located within grass area beyond sidewalk;
(2) In front of the parking stall (s)on the asphalt;
(G) GwFbs, wheel steps, 9F bellaFds shall be ORStalled tG PFOteGt !andSGaped aFeas, pedestFian area,
buildings, and pFapeFty lines,
(d) Curbs wheel-stops, or bollards shall be installed to protect landscaped areas, pedestrian area,
buildings and property lines. Parking stall overhang is not permitted. Off-street parking areas are
also subject to landscape requirements of Article XIV of this chapter.
(Ord. No. 2010-10-218, § 2(12-50),4-7-2010)
Sec.34-379.-Location of parking facilities.
(a) Required off-street parking and loading spaces for multiple-family developments of four units or more
on one lot, mixed-use projects and nonresidential structures, shall be located on the same property
on which the use or structure exists, provided that off-site parking is permitted subject to the
following.-
(1)
ollowing:(1) The off-site parking is located within 300 feet of the subject property;
(2) The off-site parking is located in the same or less restrictive zoning district;
(3) The off-site parking is located in a district where such facilities are permitted;
(4) Off-site parking that does not meet the first two criteria above may be permitted subject to
approval of an administrative variance and waiver as set forth in section 34-49.
(b) On-street parking directly and wholly abutting the subject property shall be counted towards the off-
street parking requirement, provided that:
(1) Such spaces are clearly marked on the site plan and pavement in accordance with the
appropriate city, county and state standards;
Words underlined are added.Words stricken through are deleted.
Page 27 of 95
(2) Such spaces shall be publicly accessible and cannot be reserved or restricted by the owner or
tenants of the property;
(3) On street parking on private streets may be counted towards required parking provided that the
road is publicly accessible (not gated) and the streets, parking spaces and sidewalks are
constructed consist with the standards for public streets in the city;
(4) In the event the city, county or state removes the spaces at any time for a public purpose, the
property shall be considered lawfully nonconforming with respect to parking.
(Ord. No. 2010-10-218, § 2(12-60),4-7-2010)
Sec.34-380.-Configuration of parking and loading ingress and egress.
(a) Ingress to and egress from parking and loading spaces shall be provided in either of the following
ways:
(1) Ingress and egress from parking and loading spaces shall be provided by means of clearly
defined drives which lead from public rights-of-way to clearly defined maneuvering lanes which
in turn provide access to individual parking or loading spaces. Configurations which require
backing directly onto a street, excluding alleys, from a parking or loading space are prohibited
except as provided in section 34-377. There shall be a minimum of ten feet separation between
all access drives.The separation shall be measured along the curb line.
(2) Ingress and egress from parking stalls may be provided directly from public alleys. If existing
alley width does not comply with minimum aisle requirements, additional parking space aisle or
setbacks shall be required as indicated in section 34-382.
(3) Dead end parking. Dead end parking is strongly discouraged. In instances where dead end
parking is necessary due to site constraints, an adequate turnaround space shall be provided in
compliance with one of the following alternatives:
(a) Provide at least one backing out stall with the same dimensions of the parking stalls and
minimum 9 feet backing out space at the end of the drive aisle. Backing out stall shall be
clearly marked"No Parking"with stencil or signage.
(b) Provide a 16 feet T-Tumaround.
(b) Common vehicular access points.
(1) Applicability. The administrative official, in conjunction with the recommendation of the
development review committee, may require the provision of common vehicular access points
between abutting lots or tracts when all of the following criteria are met:
a. The proposed use is nonresidential.
b. The lot or tract has frontage on a street classified as an arterial or collector in the traffic
circulation plan element of the comprehensive development master plan.
c. The provision of common vehicular access points and related common access ways will
help mitigate future adverse transportation impact of the proposed use upon traffic safety
and vehicular operating capacity of the major thoroughfare in question.
d. The existing or anticipated land uses adjacent to the lot or tract in question are generally of
a similar or compatible character to the proposed use of the lot or tract in question.
e. The provision of common vehicular access points between lots or tracts is not impractical
due to the configuration of existing buildings, structures or other related circumstances.
(2) Design of common vehicular access points. When common vehicular access points are
required, the following design criteria shall apply:
Words underlined are added.Words stricken through are deleted.
Page 28 of 95
a. Common vehicular access points shall provide two-way traffic circulation to accommodate
a 12-foot-wide access way in each direction.
b. Common vehicular access points should be located between the parcel line with frontage
on the major thoroughfare and the required front yard building setback or base building
line, whichever is greater.
c. Stub-outs and other design features shall be provided to the parcel line in question in order
to tie together on-site vehicular traffic circulation of abutting properties.
d. Off-street parking, common vehicular access ways and related facilities shall be arranged
in a manner that coordinates on-site vehicular circulation between abutting lots and tracts.
(3) Submittal of draft common vehicular access point agreement. When a common vehicular
access point agreement is required, a draft copy of such agreement, easement or other similar
instrument shall be submitted with a proposed site plan or a proposed tentative plat, whichever
is applicable.
(4) Recording and evidence of common vehicular access point agreement. All common vehicular
access point agreements, easements or other similar legal instruments required by the
provisions of this schedule shall be recorded by the city clerk. A notarized copy of such
recorded agreement, easement or instrument shall be provided to the administrative official
prior to the issuance of a building permit or certificate of completion.
(5) Identification of common vehicular access point agreements on official zoning map. Upon
receipt of evidence of common vehicular access point agreement, the administrative official
shall cause such agreement to be identified on the properties party to the agreement.
(6) Temporary vehicular access points. When the lot in question is developed prior to an abutting
lot, a temporary vehicular access point on a major thoroughfare may be approved provided,
however, that a condition of approval of such temporary vehicular access point shall be removal
of same when development of the abutting lot or tract provides common vehicular access and a
coordinated system of on-site traffic circulation for both premises. The administrative official
shall notify the owner of record of the lot in question by certified mail as to when the temporary
vehicular access point shall be removed and any applicable conditions for its removal. The
owner shall be responsible for all costs involved in removing the temporary vehicular access
point.
(Ord. No. 2010-10-218, § 2(12-70),4-7-2010)
Sec.34-381.-Number of required off-street parking space requirements for all districts and uses.
(a) Required parking for multiple uses. Where there are multiple uses including accessory uses within
one development, building, or structure, the required parking for each use shall be computed and the
summed total number shall be the required number of parking spaces, except as provided in section
34-387 for shared parking.
(b) Required number of spaces when fractional space computed. When calculations determining the
number of required parking spaces result in the requirements of a fractional space, any fraction up to
and including one-half shall be disregarded and fractions over one-half shall require one parking
space.
(c) Tandem spaces, valet parking spaces, disabled parking spaces, parking for transporting young
children counted towards required spaces. Where in association with a specific use tandem or valet
parking is customary or incidental or provided, and required disabled and parking for transporting
young children are provided; the provision of such parking shall be counted towards the required
number of parking spaces.
(d) Parking analysis required. Due to the unique and specific requirements that may not be standardized
for specific uses, the administrative official may require the submission of a parking analysis to
Words underlined are added.Words stricken through are deleted.
Page 29 of 95
determine the required number of parking spaces, loading spaces, and configuration of the parking
areas. Said parking analysis shall provide details of the required parking standards for the specific
use. Such study shall be based on and relied upon, but not limited to, other existing parking
requirements of similar uses, historical parking data, special parking provisions or accommodations,
use of mass transit, reliable statistical planning data and studies, or other reliable sources to allow
the administrative official to make the determination.
(e) Schedule of off-street parking requirements. The minimum number of required off-street parking
spaces for specific uses are set forth in table 1 in this subsection. The parking requirement for uses
not listed in the table shall be the parking requirement for the most similar related use in the master
use and definition list,Appendix A, as determined by the administrative official.
Table 1.Off-Street Parking Requirements
Use Minimum Number Of Off-Street Parking Spaces
Residential Type Uses
Assisted Living Facility(ALF) 1 per each 2 beds plus 1 per each 2 employees
Community residential facility greater
� more 1 per each 2 beds plus 1 per each 2 employees
^
than I S more 6 residents
I
FesideRtial faeility:7 to 14 1 peF each 2 beds plus 1 peF each 2 employees
Community residential facility up to 6
As required for dwelling unit
residents
Day care center—adult,or more than S !' 1 for each personnel and transportation vehicle or 1 per 1,000
children square feet gross floor area,whichever is greater
Dormitories, Fraternity or Sorority I
house,on campus,off-campus 2 spaces per 3 sleeping rooms or parking analysis
Family care home 5 children or less As required for dwelling unit
r --
Farm worker housing 1 per sleeping room
I
Halfway house,tFeat ,^^+fa6l4ty 1 per each 2 beds plus 1 per each 2 employees
''. AS FeqWiFed f9F.1....,11;ng- ..;+
1 r
1., .the firms+A!1 �,s+L..+., .. .7 . s/s��;+.,s
Hotels, Motels, Lodging ^ �:+
~
+ �
Words underlined are added.Words stricken through are deleted.
Page 30 of 95
1 per 2 rooms/suites
2 spaces per unit
Mobile home, Manufactured homes
Residential—mixed-use residential 1 for each one bedroom unit; 1.25 for each 2 bedroom unit;2 per 3
or more bedroom unit
Residential—multifamily residential 2 spaces per unit; plus.25 guest spaces per unit
Residential—single-family-detached
2 spaces per unit;
residential
Residential—townhouse 2 spaces per unit; plus.25 guest spaces per unit
Residential—two-family residential 2 spaces per unit;
Transient Housing—shelters 1 per sleeping room plus 1 per employee
Watchman, manager or caretaker
1 per unit
quarters—RV
Public And Institutional Type Uses
Airport,airfield,heliport,related uses-
Parking analysis
public, private
Community centers
1 per 250 square feet
Cultural and civic facilities-libraries,
museums 1 per 250 square feet
Detention facility Parking analysis
Educational facilities—college or
Parking analysis
university, private
Words underlined are added.Words stricken through are deleted.
Page 31 of 95
High school: 1 per 10 student stations above grade 9, 1 per
Educational facilities—private(includes faculty/staff members, 15 for visitors; middle/jr. high: 1 per
charter) faculty/staff member, 10 for visitors elementary:see middle/jr.
high,visitors parking shall be minimum 5 percent of all other
required parking
Educational facilities—public Per state requirements
Educational facilities—technical,
Parking analysis
vocational,specialty
Government facilities, including PaFk:..,....ala
administrative, support and service 1 per 300 square feet
I
Hospital, private, public 1 per first 300 beds and 1 additional per 2 additional beds, plus 1
per 3 employees and resident staff members
Public parks and recreational facilities Parking analysis
Public safety facility Parking analysis
Sewage lift or pumping station Parking analysis
Solid waste transfer station Parking analysis
PaFkiRg analys4
Transit station 3per 2500 square feet; 1 per additional 500 square feet;3 per
additional 5000 square feet
Utilities and related facilities Parking analysis
Water plant,waste water plant Parking analysis
Vehicle Related Commercial Type Uses
Car wash—enclosed 1 per 250 square feet of GFA; minimum of 3
Car wash—outside, hand wash 1 per 250 square feet of covered area(s); minimum of 3
I
Words underlined are added.Words stricken through are deleted.
Page 32 of 95
Parking garage, lot—commercial Not applicable
Rental-automobile only
3 per 2500 square feet; 1 per additional 500 square feet
Rental-truck and other vehicles Parking analysis
Bus charter service, passenger bus 3 per 3000 square feet; 1 per additional 500 square feet;3 per
terminal additional 5000 square feet
Vehicle Fueling stations and sales 1 per 250 square feet of GFA
Vehicle major repair—mechanical, body 1 per 250 square feet of GFA
Vehicle minor repair—mechanical,
1 per 250 square feet of GFA
service
Vehicle—arts sales and installation and
service1 per 250 square feet of GFA
:: j
Vehicle ...,.+s.,!„F .,..a :..�+-.".,+:,,.,
use4
Vehicle sales—retail, new automobiles Parking analysis
Vehicle sales—retail, used automobiles Parking analysis
Vehicle sales—wholesale dealer, 1 per 2000 square feet (minimum 2 spaces are required)
online, independent dealer.
Recreation, Entertainment Type Uses
Amusement parks,stadiums,arenas;
Parking analysis
AAaFiRa�
Arcade,video games,electronic gaming
3 per 2500 square feet, 1 per additional 500 square feet
Words underlined are added.Words stricken through are deleted.
Page 33 of 95
Casino Gaming Facility Parking analysis
3 per hole; 1.5 per driving range station; other uses per these
Golf EeuFse,driving range
requirements
Golf, miniature
3 per hole;other uses requirements
Gun, pistol range,gun clubs,archery
i Parking analysis
clubs—indoor, 9Wtdeef 1
Race track-horse,deg,
--GaF Parking analysis
Riding clubs—horses,off-road vehicles, II
Parking analysis
motorcycles
Sports fields, batting cages, basketball PaFkiRg-...alysi
courts, racket ball courts, sporting
activities, bowling alleys—indoor 1 per 250 square feet
Sports fields, batting cages,basketball
courts, racket ball courts,sporting Parking analysis
activities—outdoor
Restaurant, Food And Beverage Service Type Uses —
Adult entertainment establishment 1 per 4 persons based on maximum capacity
Bar/lounge,wine tasting room 1 per 4 persons on maximum capacity
Catering Service 3 per 1,000 square feet of GFA
Nightclub, Discotheque,Club 1 per 4 persons based on maximum capacity
1 per 1,000 square feet GFA dedicated to brewery operations
Microbrewery
— -- 1 per 4 seats for restaurant,tasting room,outdoor seating areas
Restaurant—sports,amusement,
coffee/sandwich shop,cafeteria, 1 per 4 persons based on maximum capacity
outdoor cafe
Words underlined are added.Words stricken through are deleted.
Page 34 of 95
Places Of Public Assembly Type Uses
Auction House—indoor 1 per 4 persons based on maximum capacity
Banquet hall 1 per 4 persons based on maximum capacity
Funeral Homes 1 per 4 persons based on maximum capacity
Place of religious assembly I 1 per 4 persons based on maximum capacity
Private clubs, not public 1 per 4 persons based on maximum capacity
Theater(movie, performing arts) 1 per 4 persons based on maximum capacity
Commercial Type Uses
Convenience store 1 per 250 square feet of GFA
Donated goods Center—new/used 1 per 250 square feet of GFA
Drug, Pharmacy store 1 per 250 square feet of GFA
Flea market 1 per 250 square feet of GFA
Food specialty store 1 per 250 square feet of GFA
LL Grocery store 1 per 250 square feet of GFA
Liquor package store 1 per 250 square feet of GFA
Pawn shop 1 per 250 square feet of GFA
{ 1 per 1,000 square feet of gross sales and storage area, interior and
Plant nursery, retail or wholesale
exterior
Retail—big box,club membership,
1 per 250 square feet of GFA
department
Retail—general,single use 1 per 250 square feet of GFA
Retail—Home improvement,building 1 per 250 square feet of GFA
Words underlined are added.Words stricken through are deleted.
Page 35 of 95
materials
Secondhand merchandise
1 per 250 square feet of GFA
store/consignment store
Office Type Uses
Call center 1 per 300 square feet of GFA
Office—business,sales,professional, 1 per 300 square feet of GFA
semi-professional services
Office—medical office/medical clinic 1 per 250 square feet of GFA
Service Type Uses
Animal grooming and pet sitting-
1 per 300 square feet of GFA
indoor
Animal Hospital/Veterinarian clinic 1 per 300 square feet of GFA
i
---- PaFk+ag analysis
Animal kennel, boarding
1 per 2500 square feet, 1 per additional 500 square feet
Animal shelters
1 per 2500 square feet, 1 per additional 500 square feet
i
Blood banks,diagnostic medical
1 per 300 square feet of GFA
treatment centers
Check cashing, bill payments 1 per 300 square feet of GFA
Copy, printing center 1 per 300 square feet of GFA
Cosmetic Surgery,beauty clinics 1 per 300 square feet of GFA
Customer service center 1 per 300 square feet of GFA
- Dry cleaning -----, ., .inn s „F,,,,+of r_Fn ---------- �
Words underlined are added.Words stricken through are deleted.
Page 36 of 95
3 per 2500 square feet. 1 per additional 500 square feet
Equipment and tool rental 1 per 300 square feet of GFA
Financial institution-banks,credit
unions, investment brokerage 1 per 300 square feet of GFA
establishments
Health club,fitness club l per 4 persons based on maximum capacity
Laundromat,self-service 1 per 300 square feet of GFA
Package shipping,mail service 1 per 300 square feet of GFA
Personal care services 1 per 300 square feet of GFA
Repair and service shop-general j
1 per 300 square feet of GFA
merchandise
Studios—photographic,and
1 per 300 square feet of GFA
instructional
Tattoo parlor, body piercing 1 per 300 square feet of GFA
Other Uses
Cemetery, mausoleums Parking analysis
i
Crematory 1 per 4 based on maximum capacity
Wireless Antennas and support services i Parking analysis
Industrial Type Uses
1 per 1,000 square feet GFA
Distribution center
i
i
Dry cleaning—commercial laundry
plant 1 per 1,000 square feet of GFA
Industrial uses—heavy 1 per 1,000 square feet GFA; minimum 2 spaces
Words underlined are added.Words stricken through are deleted.
Page 37 of 95
Industrial uses—light 1 per 1,000 square feet GFA; minimum 2 spaces
Laboratory—medical, research,testing 1 per 250 square feet of GFA
Mining/extraction,rock quarry Parking analysis
i
Outdoor Storage,open air storage
1 per 5,000 square feet of lot area
(including vehicles)
Radio and transmitting station 1 per 1,000 square feet of GFA
i
Recycling facility, Refuse disposal Parking analysis
Salvage yard,junkyard 1 per 5,000 square feet of lot area _!I
1 per 5,000 for first 20,000 square feet plus 1 per 10,000 square
Self-service storage facility feet thereafter,plus 1 per 400 square feet of office plus 1 per
manager's apartment; minimum of 5 per facility
Showrooms, retail sales 1 per 300 square feet of showroom area
Showrooms,wholesale sales 1 per 600 square feet of showroom area
Studio for movie,television, music
Parking analysis
production
Warehouse 1 per 1,000 square feet of GFA
i
Agricultural Type Uses
Farms—produce, livestock Parking analysis
Greenhouses—nurseries, retail Minimum of 8 up to first acre plus 1 per acre thereafter
Outdoor storage—agriculture 1 per acre
I
---- 1 .. .1,000 s „feet.,f GFA9F 1 ., ..i,,.,,,,,whichever is �
I�C�EI,Tg�vEF�I t+e S�c�','-s^2
$fie
1 .. .1,000 S „feet of GFA OF 1 ., .,i,,..,,,,whichever�.-
Rac-IFing��6:Tt+es—�,"
greater
Words underlined are added.Words stricken through are deleted.
Page 38 of 95
Produce stand,farmers market Minimum of 3;3 per 1,000 square feet of sales area
1 per 2,000 square feet of GFA or 1 per employee whichever is
Seed drying facility I
greater
Urban agricultural gardens Parking analysis
1 n .2,090 e feet of GCA nF 1 n ...
nleyee high.ver
r g c.-ate
(Ord. No. 2010-10-218, § 2(12-80),4-7-2010; Ord. No. 2013-19-307, § 2(Exh. A), 9-10-2013;
Ord. No. 2016-14-360, § 2(Exh. A), 9-28-2016)
Sec.34-382.-Dimensional requirements.
(a) All off-street parking spaces shall be 8.5 feet in width and 18 feet in depth, unless modified in the
table below based upon the angle at which the parking spaces intersect the drive aisle.
(b) A minimum 25 feet spacing shall be required between the edge of pavement and a intersecting drive
aisle or off-street parking space.
(c) Dimensions for parking aisles and parking spaces for various angles of parking shall be as provided
in figure 1 in this section. Two-way directional movement requires a minimum of 24 feet of wide aisle
width regardless of parking angle and dimensions.
Figure 1:General Parking Dimensions
___7A B C D E F G
Parking Angle Stall Width Stall Depth Aisle Width Curb Length Half Bay Full Bay
0 8'6" 8'6" 12'0" 22' 20'6" 29'0"
30 8'6" 1614" 12'0" 17'0" 2814" 4418"
40 8'6" 1811" 12'0" 13'3" 30'1" 48'2"
45 8'6" 18'9" 13'0" 12'0" 31'9" 50'6"
--�— � rr r �rr rr
50 � 8'6" '! 19'3" 15 0 11 1 34'3" 53 6
i
Words underlined are added.Words stricken through are deleted.
Page 39 of 95
60 8'6" 19'10" 1810" 9110" 37'10" 57'8"
70 816" 19'10" 20'4" 910" 4012" 60'0"
75 816" 1917" 20'10" 8110" 40'5" 60'0"
i
80 8'6" 197" 2118" 818" 40'10" 60'0"
90 8'6" 18'0" 24'0" 816" 42'0"
�--1r
F
C D C
4-White Ltne 4"White Line
6" 6'
ET I 1
B STALL PAINTING DETAML
A
lo'
Property Line 876.
6"
Figure 2:Tandem and Valet Parking
(d) Tandem and valet parking dimensions. Where tandem and valet parking is provided towards
required off-street parking or as additional parking, such parking areas shall conform to the
dimensional standards set forth in Figure 2. Except that the tandem parking stalls may be stacked no
more than two spaces deep.
(e) [Reserved.]
(Ord. No. 2010-10-218, § 2(12-90), 4-7-2010; Ord. No. 2014-02-314, § 2(Exh. A), 1-8-2014;
Ord. No. 2014-17-328, § 3, 10-8-2014)
Sec. 34-383.-Off-street loading spaces.
(a) Loading spaces for the delivery of goods and services shall be provided in compliance with the
requirements of table 2 in this section. Each loading space shall be striped and marked as a "loading
zone"and shall be a minimum of 12 feet wide by 25 feet long.
Words underlined are added.Words stricken through are deleted.
Page 40 of 95
Table 2: Minimum Loading Space Requirements
Use Category Gross Floor Area in SF Loading Spaces
Office 0-1,000 0
1,001-99,999 1
100,000-149,999 2
150,000 or greater 3
Commercial or Industrial 0-999 0
1,000-49,999 1
50,000-99,999 2
100,000 or greater 3
(Ord. No. 2010-10-218, § 2(12-100),4-7-2010)
Sec.34-384.-Parking for the disabled.
Parking for disabled persons shall be provided as required by state statutes.
(Ord. No. 2010-10-218, § 2(12-110),4-7-2010)
See. 34 385. PaFk*Rg f..r. r tFanspeFting young dhild-r.en.
Table 3• Required ftreller Pawkipg
T-8tal PaFkiRg f..-ees De gUirerl NIbimla.,r of sparze f..r peFSORS 4-...rP84iRg Ehil.d Fen
8
181—o
Words underlined are added.Words stricken through are deleted.
Page 41 of 95
58i—i,990 -3
X009 L1nP-ad-dit-. Ral space fE)F each 500 PaFl(gRg spaces E)veF 1,000
desigRated for physiGally disabled PeF69RS; previded parking spaces designated feF phySiGa4y
disabled persORS shall take pFeGedeRGe.
PFGMiReRtly 94*Red With gFeeR paint and posted with an appreved peFmaReRt above greynd Sip
wh'Gh shall not o eed seven. foot - -beye .,Fade in height.
(d) PeFmit FeqLiiFed . The use of paFk*Rg stalls designed for paFkmRg fE)F tFaRSP94iRg young GhiIdFeR shall
form appreved by the Gity aGG9FRPaR;ed by fee established the Gity's fee SGhedwle subject to
(Or-d. No 2010 10 21 4 § 7l1 2 120), 7 201 0)
Sec. 34-385.—Veterans Parking.
(a) Spaces required. One parking space specifically designated for veterans shall be required for all
commercial uses with 50 parking spaces or more.
(b) Signage and markings. Veterans parking space shall be prominently posted with an approved
permanent above-ground sign which shall not exceed seven feet above grade in height.
r
MILITARY MILITARY
VETERAN VETERAN
.1�
PARKING PARKING ONLY
ONLY
THANK YOU FOR YOUR SERVICE THANK YOU FOR YOUR SERVICE
Figure 3: Approved permanent above-ground sign
Words underlined are added. Words stricken through are deleted.
Page 42 of 95
Sec.34-386.-Bicycle parking.
A minimum of one bicycle rack with a capacity to hold at least five bicycles shall be provided on
properties with 50 vehicular parking spaces or more. An additional bicycle rack shall be provided for each
additional 50 parking spaces required, up to a maximum of three bike racks or 15 bicycle spaces. Bicycle
racks shall be located adjacent to the primary building they are intended to serve, as close to the
entrance as is practicable.
(Ord. No. 2010-10-218, § 2(12-130),4-7-2010)
Sec.34-387.-Shared parking.
(a) Defined. Shared parking occurs when one or more required parking spaces are shared by more than
one use. Shared parking may be proposed in conjunction with development approval and shall
comply with the methodologies and standards set forth herein.
(b) Number of spaces. The determination of the required number of parking spaces for a specific use
under an approved shared parking program shall be based upon the minimum required parking
spaces set forth in section 34-381. The methodology for calculating the required parking for a use
under a shared parking program shall be as follows:
(1) Multiply the minimum parking requirement for each individual use, as provided in table 1 in
section 34-381 by the appropriate percentage in table 4 in this section for each of the five
designated time periods.
(2) Add the resulting sum for each of the five vertical columns in the table.
(c) Minimum requirement. The minimum requirement for shared parking is the highest sum among the
five columns resulting from the calculation in subsection (a)(1)of this section.
(1) Shared parking shall not result in a reduction of more than 25 percent from the minimum
parking required without shared parking.
(2) Parking spaces which are reserved for use by specified individuals, classes of individuals or
specified businesses shall not be counted toward meeting shared parking requirements.
(3) Reserved parking for the disabled shall not be counted towards meeting shared parking
requirements.
(d) Shared parking agreement. The owner or owners of record of a property for which shared parking is
requested shall be responsible for preparing a written agreement between the owners of the
properties sharing parking and the city, indicating the terms under which the shared parking shall be
used. The agreement shall be approved by the city attorney and shall be recorded in the county
official records. The owners of record shall update the shared parking agreement to address any
change in the uses identified in the agreement which would cause an increase in peak parking
demand, or a finding of any other related change in conditions by the administrative official. The
modified agreement shall be subject to the review and approval of the administrative official.
(e) Other methodologies for the calculation of shared parking requirements. In lieu of using table 4 in
this section, the minimum total number of required parking spaces may be determined using other
acceptable methodologies, as reviewed and approved by the administrative official.
(f) Single-family residential. Single-family residential uses shall not be eligible for shared parking.
Words underlined are added.Words stricken through are deleted.
Page 43 of 95
Table 4—Percent Demand for Parking by Use and Time of Day
Night Weekday Weekend
i
12:00 a.m.— 7:00 a.m.— 6:00 p.m.— 7:00 a.m.— 6:00 p.m.—
Uses
7:00 a.m. 6:00 p.m. 12:00 a.m. 6:00 p.m. 12:00 a.m.
Residential 100% 60% 90% 80% 90%
i
Office/Industrial 5% 100% 10% 10% 5%
Commercial/Retail 5% 70% 90% 100% 70%
Hotel 80% 55% 100% 50% 100%
Restaurant 10% 50% 100% 50% 100%
I
Entertainment 10% 40% 100% 70% 100%
Places of Public
50% 40% 50% 100% 100%
Assembly
All Others 100% 100% 100% 100% 100%
Source: Shared Parking, Urban Land Institute
(Ord. No. 2010-10-218, § 2(12-140), 4-7-2010)
Words underlined are added.Words stricken through are deleted.
Page 44 of 95
.A.IRT-IC-1 F XIV MINIMI IM LANDSCAPE AND REQUIREMENTS; PENCES� WALLS; HEDGES
ser. 34 439. IR genera.
we the aesthetiG q6lalmty Of the Gity, thereby prE)mC)tqRg the health and general welfare E)f, and
IRGre se the quality Gf life ef FesideRts, businesses, and visiteFs. IR addition, it is the peliGy of the Got
areas W(th'n the rte'+" as 'rl .,
otf'orl 'n +ho r'fiic r .,
rohoov ., .,L, iR aS MUGh
OtNR Gity boundaries. The 'Aql; Af these natural aFeas by RdiSGriminate removal of this
vegetatiC)R ad eI affe Gto the pLAhl'G health safety d general Ifa
(3) The Gity also FeGGgRiZeS that trees and landSGapiRg assist 'R FedUGing fieeding frem stermwatef
and neise Pei---tdn-qp.
cidents and h. c
Fequirements ef this aFtiGle shall apply to all develepment �.qith'n the rity. Existing develepments that
Land Development Regulations shall
legally RORGenferming status for a peried E)f five years, at WhGh time all !andSGapRg and
the eXGept en of the fc)llewFnT.
FegLI'ati9R'-; A-f tWi-; r-)f the dl-ate ef the adopt on ef this artiGle that due te
b. Bevelopmept at ha„o .,ht-,ined a steel g is deter ' at'o,^f
G. Developments that have AhtR4APd A Pertifirate ef legal GeRfOFMity fc)F Iandsraping as set
required has b8E)R met in erder to- -bring the PFC)PeFty nQnfQrMAnC,(a of this Arti
e. lRdListrial deVe'GpMeRtS OR the 1-1, and 1-2 distriGtS legally existing at the adOptdE)R Of this
eXGept that
the total n e,r.nhof shad-e trees�s��.:red in section 34 444, table , lands o and
bUffeFiRg standards geReralized table develepmeRtS --;h-;;” be 2-2 shade trees peF Ret aGFeq
Page 45 of 95
Addidfien-Ally, s6iGh developments shall not be Fequired te comply with the IandsGape 4ands
off-street narking areas of
(2) Existing develepments that beGOme nORGenfermiRg as ef the effective date of adeptieR of the
'and deVe'E)pMeRt regulations shall submit plaRS tG the Gity fer landSGape plan and buffering
appreval withiR three years from MaFGh 1, 2011� obtaiR IandsGape appFE)val eF abtaiR a
MaFGh 1, 2011.
(Ord. Aloe9 19-29 4 10),4 7 2010; Or-d. 201 1 92 244 § 2(App. n ) 3 2 201 i �
See. 34 440i andS,-ape . FR t required.
nfc in Fights of_,
plaR shall also deSigRate, by Rame, size and IeGatiE)R, the plaRt material to be installed, or
but 6hall be mn the formn of a plet plan or drawing that ..,ay be prepa.ed by the owner er the
faMily hGFReS that aFe Ret part ef a plaRRed GeMMURity. Ne tFees er ether plaRt material may be
plaRted an publiG FightS of way (swale areas) without a !andsc;ape permit from the Gity-.
DBH, Ganepy, and type of tree, in relatFE)n to existing develepment E)f all eXiStiRg trees, Af R
er eight feet in height, these whiGh aFe pFc)pesed te be remeved, re!C)Gated 0
preseNed on site in aGGc)rdanGe with the requirements of landSGape regulations.
The boundaries of any Rat ve hab tat, Rative plant GOMMUIR4Y, Rat Ve plant SpeG eS, R—nd,�A-r
(5) Tabie. .4.table shGVviRg the fellewin
a. Theo nnf'f'r Rd r of naGh frnn nti of WhiGh oL,a hen Mhprn.d-,
b4 The dia.m.eter at breast height (DBH) of eac;h tree, OF if a M611tiple tFuRk tFee, the- swrn D-RH
#ef all;
Page 46 of 95
G. Estimated height, GaRGPY Goverand phySiGal Genditen ef each tree, and whether
Crier m n trtea is eICI no.n. te' '
reGreat*E)n areas, shall have a FndR6FR6lFR of one tree aAqnd- 220- shrubs fE)F eaGh 2,000 Square
areas;
f. All grc)URd MC)URted rneGhaniGal equipment, storage areas, walls, fenres, arld Gornmen
trash reGeptaGleS shall be SGFeened from vew using trees, shrubs, andier hedges
a. Single family %sidenGe, duplex r-esidenGe. Irrigati9R shall be pFqvided fer all IandSGape
areas for single family er duplex dweiling, and shall inGlude OFFigatier) fGF SWa'8 areas The
rn nd hoards on.+ PLIFRP SpeG'f'Gotienc
b. Other development . krigatieR shall be provided fer all larldsGape areas, iRG'udiRg SWale
1. Be draWn on a base plan at the same SGale as 1�-a,rQsGaPepla
2. DRI.neate existing arld pFGpesed struGtLires, parking areas er other vehiG61laF use
areas, aGGess a6sles, s6dewalks, driveways, the IGGatiE)R Of Utilities and easements-,
and Similar feat
2- Ing-lude water SOUFGe, design, operating pressure arld flow rate per zene, total volume
devices, rain sensc)FishLAtc)#deViGes and eieGtF'Gal supply and irrigation details.
5. rlel'neote lon.+c r`one r lonr+cnone foo+ures, nrl h�irlrnZonec
6 N&At single family er duplex r o'r+enAe
(7) Drip 4ne enGroaGhment plan. This plaR shall be pFeseRted as parl ef the tree permit and
be required for all trees whose drip IiRe *8 plaRRed te be eRGrc)aGhed LApen by aRy G0RstFuGtiE)R,
a. DecigRatien of each tree c uhieGt too y drip line nhment�
b. The rea.sAAc fer the o aGhmen+;
G. Deta"ed deSGF'PtqE)R of the proposed efforts te pFeteGt the tree fram damage due to the
(9) Consideration -of r--.rq-oWs for existing plant material. IR instanGes �.Vhere healthy plant mat
e,____ AP R site, and is tc) be Feta Red, the Radministrative effiGial or his designee may adjust the
When allowaRGeS are giveR, dR RE)Gase shall the quaRtities Of eXiStiRg plaRt materials retained to
Page 47 of 95
(Ord No 2010 10 214 § 2r1 1 20) n 7 2010)
See. 34 441. Landscape plaR Feview Priteria
GFiteria�
frem major roadways and 'RGE)Mpatible uses, strengthen important vistas and Fe'RfE)FGe
ne'nhhor'n site rles'p nrd arnhiter+
understery, and gFeURd Gever) shall be presep�ed to the max mum extent possible apd te Pill
appliGahle requirements of these lan.dsnape r lationc
health, plant speGies shall be seleGted and installed based- en their water needs, gFc)mh rate
a-Rd size, and reSeUFGe needs. PlaRtS with SiMllaF Reeds shall be grouped in hydrazenes.
Adequate grc)Mh area based on natural matwe shape and s ze shall be provided fer all plaRt
m�+mv+ccrrr'vli-sr.
(G,)Use of nofiye plant speGies. The plan eh•;II inr,Ata -USP of A'At Ve plant speGiesWn ori=te
adaplability Of RatiVe speGieS tG the eRVqFGRMeRtal GGRditk)RS E)f South Florida. Where feasible,
(G`) Planting in energy e ,a+ion zone.T.rees andrl shrubs shall be planted in the tenefgp
Genservation zene where feasible, in order to redure energy Gensumption by shading b6lildiRgs
and shall be used to redUGe heat island effeGts by shadiRg payed SUFfaGes.
(7) Street Are-e-s. Street trees ,-;h;-;" be used to shade roadways and provide visual order. %Nh
feasible, seleGted speGieS shall be used te establish a road hieraFGhy by definiRg diffeFeRt read
tomes:
(8) Ranting material near ut4ity gnes. SpeGial att8RtqOR shall be giVOR to the use of apprepri-
near undeFgFetAnd utility lines. Adequate groMh area shall be provided feF all plaRt matPriah;
wnebstrUGted views at nterseGtions of readways, driveways, FeGreational paths and sidewalks.
leGal state or federal n ants shall he preserved.
ln..,d Ne 2010 10 218, 2(I n 30) n 7 2010)
Sec. 34 447 ISSUaRce of IaR drs-,pe p FRit
deRial of the perm t appl.GatiGR may require the appliGaRt te PFGV'de additional information or an
(Ora No 2010 10 218, 2(I n n0) n 7 20 10)
Page 48 of 95
Sec. 34 443. I556-,Rce of Of
y 4 ilar awthC)FiZatiOR will he isswead- unless the landSGaping meets the requirements her
pFevided.
(1) GeFtifisafien of landscape—se reed. AprepaFeF'S Ged,f t�A-f�'-R„Qseape
GE)MpliaRGe beaFiRg the OrigiRal letterhead E)f the designing firm and "GeRsing nurnbeF shall be
prepaFe plaRS, who prepared the appFeved plaRS, that the IandSGape and irrigation plans have
been implemented and that all FeqYiFGFReRtS ef these IandSGape FegulatieRs have beeR rRet.
A Ar ;--hc;t*ttiens to the approved plaR shall be approved by the plaRning and
be submitted and appFE)ved before installatiOR. GhaRges and substitutions of plaRt material shall
h(a Af similar quality, quantity and size, as erigiRally ap roved and shall be. OR cernpl;anGe wth
the and requirements of these Ian.dsGape regulations.
h-Ave _hee.n installed aGGE)rdiRg to approved plans.
(Or-d. No. 2010 in 714 2( 1 1 cn) n 7 2010)
and said landSGape maR61al shall be made -avail-a-ble te the publiG, as referenGed in this GhapteF, a
shall provide aR illustrative and deSGript ve iRterpretatieR of the standards set feFth in this Ghapter
th S GhapteF. All plant material and installation requirements shall be ApAsistent m ith the IandSGape
m-ani-eal. �.Nhen street, shade, palm, trees, and hedgiRg, ISAAS -;;nd- other vegetation ArP rPfACPAr'e
th*s aFtiGle, same shall be iRstalled shall be GORSiSteRt SpeGies as with those speGies listed OR the
(b) Ne varianr_,e or waive.r. No varianGe er waiver of these require-Ments shall be autherized, eXGept that
GC)MplianGe may be gFaRted.
(G) EXGeptiOn. Owners or developers ef large SGale PFGjeGtS G9MPFqSmRg 40 9F more aGFes may be
itted te satisfy this seGtien by making all praGtiGal attempts to meet the reqilirPMRAtl; Af t
perm
(d) Co.ptributinn -of fund-S in iliebu of Gomp4anGe to the standards. Where a landSGape or buffering
I .rement set forth On thms arfirule r.annet -hP- GC)Mplied with, a waiver te r()A_t.rdhl_-tP funds iR lLeJA E)
GOMplying with the reqUiFernent may be applied for as a administrative varianGe er waiver as set forth
iR SeC-,t-.A-qAq 3-4-4.9. The shall be based 61POR the prevailiRg GO-St Of the IandsGap Rg
GeStS may be adjUSted feF IOGal material and labor GOSt rce-niditiens. Payment under this seGt;en s
iR the G Lty if a 9AAtr6h-ltdAA E)f funds ;R lieu ef the IandsGape and buff granted,
building permit fer aRy develepment en the property.
Page 49 of 95
� � � Pit
> -f-
areas PaFkiR P@FkiR paFkiR parkiR PaFk+a paFkiR PaFk+a +a
g g g g g g g g
spaces spaees spaces spaces spaces spaces spaces spaEes
MAX
Pence, 64R+a Pr4a)(.
Max. Max A RX max. AAax. MAA Max. ? Aw Max.
age 6L, 8L. 8'; s � 8; 8L, 6-L, SL;
4e4ge ledge kedge hedge 4e4ge fledge hedge kedge A hedge
es$
34 53' 34 532 -,Ra 34 Ccs
**
***
(OFd. Ne. 2010 110 219,§ 2(4 69), 4-7 20 10; No. 2011 02 244,, §mo(n pp n) 3 -2 2011
Ofd. No. 2014$? 31411 §z(Exh. a ), 1 8 014; Ofd. NE). -201-5-03 333, § 2(Exi . A), 3 --2c-gnri c
7,
Seez. -4 445. - FE4tF, �t-,.,,a F d s, exe e r,t0E)Rs
tet-nd-Ard-s
(1) Shade tFoes. A.." d_t_aVP_.'9pMeRtS shall provide the required number -of sh-adle. trees OR Gemplian
with the follewing standard&�
a. All trees, shall be a MiRimurn of 12 feet high and have a M. ..4Pi.M.'-'FR Galiper Of three inGhes at
b. 30 perGent shall be natl,.,-
6 Gn ne nt shall he ndl d-reu ght tolerant; and
d. No more than 30 perGent ef required shade trees shall be palms, where every three palms
shall equal eRe FeqUiFed shade tree;
ea. Minimum speGieS diVeFSity Standards. When mere than ten trees to be planted
The. number of s s to he n-onte.t shall he hosed- nn the roll ..,her of trees
required. The appkant shall be Fequired to meet the fell daversat
standards
Page 52 of 95
ReeunrnrJ N--'P-,herefTrees pAinimwim NiimherSpecies
11—2 g
2i-- S9 4
51 eF 2 g
f. €igntypereen+of the treesch;I._.._�c�• .;_hv@_:.sted n the TS IandSGape manual.
1. Residential shade trees. Trees shall be plaRted te as te pFevide shade to FesideRtial
stru c.ti-res that a of a height of 35 fon+ er 'else At least twE) r roll hA_d_e +rove
;air GA-Rd tm9RqRg URits, eXGept fer aiF GORditiGRiRg units plaGed qR the reef, shall
he shaded by trees anti/or shrubs a referee erl 'n the sifii'S landSGane manual.
parking areas shall reunt tewards; the required RUmber of shade trees, etheRNise
3 ShqGfe trees, grassed areas Grassizd RrPR,; thRt Rrp tn hp sed for organized sports
irlen+ifierJ n a I-�n.+cna ne nl_RIA sL,nll nA+ he a n+r,.d a part of the net Ie+ area f.,r the
PUFPE)68 Of Ga!GUIatiRg tree requirements.
(2) Street tree r-equirements.
a. He�ght spaGing and speGies. Street trees .-;h-;;" be ef a SpeGieS aS listed iR the LandSGape
rA-;;n---.Rl and vvh.A_.h Ae_rmally mature at a height of at least 20 feet. Street trees -.,;h-;;" have a
Glear trURk of four feet, aR everall height of 14 feet and- a MiRMI-IM GalipeF of thFee inGhes
at time of planting, and shall be previded aic)ng all Feadways at R_ maximum average
--- spa- requirement fer mult pie single family units si-ch as ;ZPrA 'At I ne
and townhou-s-o- unittqs shall be based en the total linear feetage of roadway for the ent re
prE)jeGt and not based on individual lot widths. Street trees -;h-;;" be plaRted RG further apart
than 60-foot'ntervals and nG GIOSeF than 18 feet apart depending On the speGieS.
-h. -fer--ation. Street trees shall be instailed en pFivate prepeFty witWn seven feet of the property
iq Re. Street trees plaRted alGRg pFivate Feadways shall be plaGed with n seven feet ef the
edge ef readway pavement or, where present, within seve.A. feet of the, sidewalk
Appropriate types of street trees shall be iR GC)rnpIianr_,e as listed in the landSGape manual.
A. Upiptepapr-p of street trQtztg Whpp trees are plaRted within the right ef way, thp nwnpri; A
Iand adjaGent to the areas where street trees are planted must maintain the6e areas-
the Gity determiReS that the planting of tFees and ether landSGape material is; not
appropriate an the pUbIiG right of way, they may require that said trees and landSGape
material he nla ed e ate erta
Page 53 of 95
d. Ex nt p
(i) Power lines. Where the height and 19Gat on ef overhead pewer "Res require the
plaRting of low growing trees, street trees Ssh-all h-;;,.,t-- -A MmRiMum height of eight feet-, a
75 foot on enter
Street 4ghts. NE) Street trees sh-all -ht-- 19-G-Ated- Gleser than 12 feet from street lights, no
palms may he rleser tha seven feet
(iii) E4eGtr4G, uti4t),Apes. The spaGing of trees fFE)m eleGtFdG Wtiky lines mUst fe'!E)w thE)Se
guade"nes establqshed by Fle-FO—a Pevve.r and Light publiGation Right Tree, Right RaGe-
(3) Shrubs, heG��g. A GeRtiRwews, extens vely planted greenbelt A-f -and hedging shall
m nqrRum standards, eXGept aS permitted as set forth in seGtqon 34 446--.
planting. ShF6ibs shall be PFOVided at rate of ten per FequmFed tFee. Of the pFevqded shrubs
atm
1 30 nerrent shall he native sner'ec-
2. 50 peFGeRt shall be IOW MaiRtenaRGe and drought tGleFaRt: aPA
1. 80rr�..t .Shall l'S�a.t in the si TS Ia Qr! al
4. e.t RI; R_V �e��,ffefeor edge, shrubs all he planted at A
36 ORGhes, shall have a maximum average spaG'Rg of 48 inGhes on Genter and sh;A
he m intainerl c s to frnrm a ontini,o„s nhreken and solid , al cGreen ./thin
ORe year Aer tome ef planting, GXGept penetrated enly at apprGved pGiRts far iRgre
pregress to the n erty Chrilhs , erl a a buffer, al c , r hedge need net
he of the Sspe--.------,
5. The height Of_aaR hedge Shall note eed eight feet in heig4t
rl he placed the rf" lino however, thi lat��iOR_,shall t he
e6-(�lQ`7-v�.�rw.,v-^o''i-nom ��^p�e-rTT-^'rc6, S-(LgQ' .s.n TTvrvc
nstr,ie.i +o permit such hedges to extend hevonri the nff'r al r nht_ef_W i lines
property lines-
(4) Knee wag, off st%et pa4dng areas required. WheR an Off StFeet PaFkFng area OS loGated w
25 feet of aR abutt ng right-of-way, in addit on to the required Gont nuous greenbelt of ShF61bs
and hedgiRg, a knee vvall shall be installed within the required landSGape buffer. Said -;h-;;Il
Gemply with the following:
a. May vary n height between twe and three feet.
b. May he fragmentedstaggered, nd/nr m niter er pentin,
G Shall not ohstr, rt any safe sight rd'stanre triangle.
e. LightiRg may be pFevd-pd an arrerdARGe to the light standards of this but in ne
sig intent to the all '
f6 A Gonfinuous laRCISGape berm at an average height of three feet from girade may be
permitted in lieu of the required kRee wa4-.
Page 54 of 95
th-;;t h�ave e#street parking areas abutting a prinGipal arterial and miner arterial roadways,
Soa� lam4 areas, ground GOver. All, residential lawn areas, landsGape open SpaGes
landsGape buffers shall be plaRted with sod, lawRs, er greund GGV8F in G91rnphaRrp. w0th thQ
-A. sed- and- lavvn areas, S-ed and I.-Am.mms shall be plaRted in a SpeGmes well adapted to IOGalized
gFC)W*Rg GE)RdFtE)RS FR the Gity. Lawn areas may be sedded, plugged, sprigged, hydre
rnulGhed, A_F seed-ed- P-.XGept that se"d ised- shall be used in swales or other areas subjeGt to
selid sed er grass seed is used, ever seeding shall be
are ed to have at least nn n nt of even area Fesep�ed i_,.,n
b. Ground Gover-s. GFGWRd GE)veF plants _,RP(j OR IdPu E)f graSS, in whole er in part, shall be
Ge„einage , ,thin one year after nlaRtfn
Other MateFia'S, SpeGieS, GerlStFUGtmon of ground GeveFs *R lieu of grass may also
a. Pr;vate open SpaGe is required feF eaGh single family resideRGe, eaGh dupleX wRit, eaGh
shall be for the e)(GIUGiVe reGreatdenal or leisure use of the 'Rhabitants of the dwelling unit,
b. Said private epeR spaGe shall be iR additiOR te the GeMMeR epen spaGe required and the
aMeLARt Of SLIGh spaGe shall be 500 square feet Of eaGh attaGhed Urlit (teWRhouse) or each
duplex unit, and 800 square feet fGr eaGh single family detaGhed URit.
Previsions shall be made in the ar rental Of SUGh units that Sl_IGh pinivate open Is
fer the P_Xdwsive use of the nit G erl
a. The required IandS63pe E)peR spanvc Sall be Ga In Ula+orl nn the neat let area.
b. The pre,'lml;iA q A q Af all sed, lawn area, ground Gover, landSGape buffers, eff street parkiRg
nt
G. Water bodies may be used as part of the required landSGaped open spaGe but s,i(�h wRtp
T
arm. . . hal.l. . .t hen e. '.t.ed f..,..r.m..._e. than 20 nemen+ of the required n
ren cone
d. The SpeG.fmG areas within enr--lesed- G)r WReRGIesed building areas A(hir-'h are '-A.nd-sGaped with
trees and/er shrubbery, ,-iter areas thereon and areas theren with nermnnep}__a
display may be used as part ef the required IandSGaped epen SpaGe, but SUGh areas shall
net be r.redlited f than ten peFGeRt of the required lends erl e espa
e
e. LandSGape epen spaGe areas may also OnGlude tree pFesep.,atmen zenes ef "natural forest
'+' as rl fined eet'en 26B of then my Gene
f. Private epeR spaGe shall Ret be Gernputed towards the required landSGape epen SpaGe
;
eetc TTc`r
(8) Gommop open spaGe. Gerrimen epeR spaGe shall be provided iR GornploaRGe with the follewdng�
Page 55 of 95
aRy StFUGtUFe eF eff stFeet parking and shall be landSGaped and well PA.RiAt-Ailleld- with grass,
trees and shrubbery, play areas, erts field rl ethersimilar
shall be for the neral use of all residents, and visitors of the d I t
required yaFd setbaGk areas, and should be designed as stermwater filters er bieswales On
XV of this Ghapte-p
a. E-pGumb.ra,pr_;t_q_R. -Buffers may be enGUmbered by site iRfraStFUGt6l._ impievements, utilities,
but may not be enr-,umbered by any aGGeSSE)Fy StFUGture.
b. Fences and- Walls. R-14fers may be enG61mbeFed by feRGes and Walls dR Gemplianc'e. with this
Ghapter.
(10) Off-street paFking arigas.
enGreaGhment by plaGiRg GurbiRg (type D er F) eF GaF steps at perimeter parkiRg at leas
Ave feet frem the edge ef suGh landSGaped areas. Other IandSGaped areas abuttiRg Gurved
eF aRg6i!aF drives shall be GUrbed. VVhp-.rt-a the land Gape easemeAt Ahliti.; A n R
use areas SUGh as tra#iG lanes, the IandSGape easement shall be separated from-the t1rafffiG
lanes by r-,A-.nt6p--,A-i-Is GA-RGrete Gurbing vAth. ;;n. I R-OnGh depth belew grade. Extruded GWFbiRg
fill and tc)psE)ql te at least the tep of the GUrb.
G. LandsGape islands, off street parking ar-eas. LandSGape iSlands shall be previded withR off
See+'en 24_522-
1 1 andSGape islands
2. LandSGape islands shall be SpaGmRg may vary, but shall Ret be SpaGed FnOre than 15
parkin!, cpaGes art o en+as viler! in or+'en 24_527 fern ert'e ed D(`n
3. LandSGape dSlands shall be a mmnimum E)f five wide, less aRy Gurbs, and shall be a
minimi M lease+h of 13.5 feet in length lestaRy ncs
((1OfEl.7�No. 2010 10 ?18, § 4 -;O
2(14-70), 4 7 20 10-; �l� 2011 02 -244, § 2(n,.,. n) 3 o 2011
Ord. No. 2011 21 263, § 6,, 10 5 2011;te.—d. No. 2014 02 3 14, § (Exh.. A), 1 9-cv14),
See. 3_n46 _ [er,rer ails and hedges; safety h-,rrmerr fer Svv..M.MiRgPeels.
(a) PubliG saAgty. No fenGe, wall er hedge shall be GenStrUGted er rnaiRtained within three feet of a fire
FeRGes, walls 9F hedges shall Ret be plaGed withiR the area required by appliGable fire and life safe4y
Page 56 of 95
of n -+Ic
(b) SpeGial fenGe pFo'h'ib'it'ip'p s' NIA barbed wire, eleGtFiGal eleMeRtS, er etheF hazardeus materials shall
GhaiR IiRk er GyGlone feRGe shall be GFiMped te eliMiRate the exposure ef sharp edges. All _the. ---
of barb wire, eleGtriGal elemeRtS or other hazardou-S shall enly be allOwed afteF
variaRGe or :11 OR SeGtIon 34 40,
(G) Permits Fequir-ed. All feRGeS, walls, or hedges, shall Gomply with appropFiate ZORFRg GlearanGe and
building permit pFc)Gedures. An Ger4Gate Of GGGLIPaRGY er GertifiGate of wilse shall net be issued 6IRW
(e) LoGation on propeF4,Apes.
beyend the GffiGial right of way IiRes er property lines.
wall, gate, OF 9peR Rg shall be permi#ed to swing, rell or c)theFwise eRGFE)aGh
�y.
walls,(3) IR PGD, NG, OF distriGts the inStall.AtiA_A Of _RII ft-QRGeS, walls abutting a right ef way shall be
GORtinuous hedge, street trees as set forth iR this seGtieR, eXGept that e# stFeet parkiRg areas
abutting rights ef way shall Gemply with landSGape and buffering and wall requirements set forth
in this seGt'on.
(f) Cha44ink fonGe prohibited in ;;U distrir-ts h;ppt yaFds, side street ywds. Notwithstanding aR�4hiRg iR
and shall Rot be permMed al()ng property lines abUttiRg Side S;tF(_QP_tS. It is provided, however, that the
aferernentioned FeStFqGt en en A_qh-Aqmn link fRACPq shall net apply iR 1 1. 1 2, GP, or AIJ zoning d stFi
(g) inG.p9ase and- doGFease of he�ght. FeRGe, wall, and hedge heights shall be der-Fe-AsSed
(1) Double fr9ptage iots . WheR a h gheF wall, fenGe or hedge s required as a visw-al
buffer at the rear ef double frentage lots as set forth thiS Ghapt8F, s---r-,h fenlAe Air wall may be
RGreased to a height of eight feet, if ROt otheRN'se peFm.tted OR the Underlying ZeRing distriGt.
(2) Height at F=eRGeS,
oF hedges shall Ret eXGeed 2.5 feet in height Within t4e
safe sight.distaRne 4Fia Rgle c defiRe.dherein tWS chapter,
(3) Height limitation. The height Of feRGeS, walls, and hedges shall not exGeed 2.5 feet heighA
w q.... te.n feet ef the edge of driveway leadiRg W a publiG r ght-of-way, XG pt that the R
s a maximum 25 peFGeRt opaque, and no ether l_;t_lR6lGt6lFeS E)F pertaA-n, -.-; A-f the feRGe, wall
intprfe�eo with fhe cafeale dartdist�.,��, � siNlity+.iaRgle
Page 57 of 95
6te or to �nGrpase to the required the G96IRty flOC)d (-aIkQ";at.GR. Average elevation shall he
determined by taking elevatiens aleRg both sides ef the wall, hedge er feRGe line, at five fe494
elevat;ens were taken. DeGeratiVe GOlurRns, or other types E)f arGhiteGtyral features shall not be
measured as the fenGe Or wall height provided said deGerafive c-;elumns A-r other types--Gf
(i) Safe The safe sight d stanGe triaRgle area shall nOt GentaiR ebstrUGtions W GF9SS
visibility at a height of 2.5 feet er more above pavemeRt� p9teRt al E)bstrLIGt E)RS iRGItAde, but are Ret
immoted te, strYGtiAres, grass, grE)WRd Gevers, shrubs, ViReS, hedges, trees, rGGks, walls and fleng-es.
Required VisiWity
CHIr,G+.....-.I ClassifiCatiOR !,f Th.e Ugh C+...r.t eft!F� Righ,T,�)* Depth OR Miner-Street (ft.)**
i
I I
APA' T8 T 8
(50 feet eF less ght of „1 (r.......-... I- I.es,.,.+hin p Ohl..- Fight „f .,)
reef 4g 411 � -7
(60 feet-70 f90t Fight Of Wao
2469 49 .7
(80 feet eF ever right ef way4
Visibility distanGes measured fFeFR GeRteF line ef miner street, aleng Fight ef way IiRe of through
stent.
Depth visibility eR FROReF stFeet measured from right 9f Way hRe Gf threugh street, aleng GenteF IiR
miner street (^ hlin OF pFiVate street)
Tabie 6nterpret-atme-pis- -apd- viaivers ef the above requirements .-;h-;;" be PR-AGIA- in I.Vrit'Rg by the dire
WaU or fenGe r-equ;red hPtlVPPn dissimilar lqpd ifses Where dissimilar land uses abut to are adjaGent
te ea lh ether -A sim. feet high wall A-r fenr-,e rRR-R-tiRg the appFeval A-f the -administrative OffiGiAl shall he
ided aleRg Gernmon property lines, exGept that, 4 thp d4,;,;4m4'Rr land iises
[;;Ad developed
.;h-R" be net be requ red until SUGh time the wnimpFGA'P-d —.- at whaph fimp. t
lafad
Page 58 of 95
where an RU diStFiGt abuts another dqstrqGt, a feRGe, wall or hedge en the RU property may-t�e
eFer.ted, or MaiAtainP-d- en. the Gernmon property line of the height permitted in the abutting diStF Gt.
E-4er4er-Aeish of wa#s. WheR a CBS Wall as installed it shall be GOMpletely fiRished with StUGGc) and
paint. EaGh sW-e, A-f a d-e-ce-r-ative masenry i.v-all shall hp nompletely painted If R wall is to be plaGed
a shared property line, GGRseRt for aGGeSS ml-lSt -ht-a G-htaiRed from the adjemning preperty owner
tG fiRishing the oppesite side ef the wall. If sur-,h r-,A-.nr.,eRt Gannet be ebtained, the property ew
ereGt*ng the wall must preseRt preef that a request for aGGeSS appFOVal was ma led to every adjaGeRt
property OWRer, by GeFtified mail, returR FeGeipt requested, te the mailing addresses as listed qR t -
eWRers failed to respond to the request wthin 39 days after FeGeipt. IJpE)R sUGh a shOWiRg,
preperty ewner eF8Gt'Rg the wall shall net be required W fiRdsh the oppesite side of the wall.
be giVeR by the department, 61RIeSS there -h-as bee.n ereGted a safety barrier as hereinafter
provided. No peel shall be filled with water WRIess a fiRal *RSpeGtiOR has been made and
(2) Types permitted. The safety barrier-,.;h-;;" take the ferm of a sGreeRed in patie, a WeedeR fenG--
a- wire feRGe, a rE)Gk wall, a GGRGrete blGGk wall er other materials, se as to eRable the C)WRer te
(3) Height. The rninimurn h6ght of the safety barrier sh-all Ghe nA-t less than four feet,
(4) LoGatie.p of-hanrhe—r. The safety barrier shall he ereGted either are,ind the peel
-areURd the er-- Pert 0 OR thereof OR whiGh the SWiMM'Rg peel is ereGted. in either eveRt,
Ot shall eRGlOse the area ent'rely, prehibitiRg unrestrained W the enc-AA—sed-
Peels; IeGatt--d- iR eRGIC)Sed struGtuFes or on the roofs E)f buildiRgS shall Ret require the iRStallatiGR
^f haed h^
(5) Gates. Gates shall be of the spriRg IeGk type, so that they shall autemat'Gally be FR a GIE)
and faSteRed positien at all times. Gates shall alse he equ pped with a safe !E)Gk and shall he
(6) Permits. Befere any v.fe—rk O'S GA-M.MeRGed, permits shall bea --Ser-,ured fer all swimming peels
fer the safety barriers. Plans shall GE)RtaiR all deta IS ReGessary to ShOW GempliaRGe with the
tPrrnq Rnd PAAdatdAAS Of this GhapteF. N9 SWiFRMiRg peel permit shall be issued unless
simultaReeusly therewith a permit is seGured fer the ere-r-Aden A-f the required safety barrier,
ided hewever, that iR lieu ef the permit for a safety barrier, a v.,ritteA statement from the
pFev
eWReF GGFt'fy'Rg that he WRderstands and agrees that the PGOI GaRRet be used or filled with
Water 6IRtil a permit has beP—A A--ht-;;OA(--.d- fA-F aR appreved safety barrier R.Pd i;--ch barrier ereGted,
Reed feF c)btaiR;Rg a permit and ereGtiRg an approved barrier pFieF te fwRal iRspeGtiGR and 6ise ef
the pool. if the premises are already eRGlesed, as heFe'Rbefore provided, permit for the --4-4,,
barr4er shall not be required, of, WPOR inspeGtien of the premises, the exist ng barrier and gates
are preveR to be +sfaGtO
(7)Weedep fe^^e-s . Intham^ wasp. feRGe—the beards, Piekets, leevers, or other su
members, shall be spaGed, ,
r d i etrable
(9jv) Walls, whether A-f the Ler hl^nL type, shall be R-e ^A-+^rl +l, make th
Vie:
(9) K4Fe fePr-,Ql; Vl6rtn fAAGes shall be the two ORGh chaqR I*Rk or diamond weave nonGhmbable type,
er ef aR appFeved equal, with top rail, they shall be of a heavy, galvaRiZed material.
Page 59 of 95
(10) Refusal of permit. It shall be vvithin the discretien of the ad-ministrative effiG al to ref
appreval ef an barrier �.Avhirh, in his
Scrnt�vrr. opinion,
the safety barrierTequired and a ec.te.- in aGGGrdaRGe w4h th'SGhapte-,T_
(Ofd. N 7010 10 21 4 R '2(14 90) 4 7 7010• n- Ne.G 20141 02 1� § 718.,1, A\ 1 4 2014)
rwzvTo To =rw�c�r� v oT� � zv-ry� or zoT vz � ��c�. �-rTT
SP-G. 34, 4.47 Tr., pFeseFVation, Rd r, etectien permit.
(a) AppliGability. These tree preseNation and preteGtien FegulatmeRs ("tFee regulations") shall be a
G*
(b) Tree removal and riglocation permits required.
peFmitted by the tp-.rrn,-; A-f these tree Fegulatieps to d-A- tree Irelmlev-all we* or to abuse, hat FaGk,
Gernmunity.
(2) l9egal Femoval. in add4ien te those penalties impesed iR this aFtide, trees that have beeR
of tree removed [i.e., 4 a ten inGh raliper tFee was Femoved, a total of 20 Galiper inGhes shall be
re plaRted to Gemply with this prE)vms4enj. Trees c;h;;" he Feplanted en s4e. and meet FROROMUM
(3) Penalties foF violation of tree regulatiAPS; IA Add tiAA tA Al AthQF appliGable penalties set forth
thiS COde, the fG"eW Rg ad&OGRal penalties shall apply fer vielatiens related te tree r(z_mAv;;l And
The fellewing penalties shall be assessed for vielatiAns A
amide: '
th'c
a. offielp-se 6144th Pp- pFier kne"4edge. Amount of fine is per tree and dc)uble the arnount c)
1. Less thaR 18 iRGh diameter at four feet height ..... $500.00
2. 1-6rr^^ches to '2o-cv-w-rrTc.T icS..... $2,000-.GO
3. Greater than 36 $3,000,90
h. ser—P.P.d- offense er pr4er-knowledge. DeLible the fines assessed for the first offense, or the
fine. th-at vVe-wild h-ave beeR required fer the first offense On the Gase of prier knowledge.
G. Subsequent offienses. TFiple the fine assessed fer the first effeRse, er the fiRe that wel ild
have been assessed fer thp- firSt A_ffp_.n,_;t_a the G-ASP- ef PFFOF kRewledge. Double the amount
/n\ Fvrentil.ns The follo,.,'r, aGtiyit'e are eXeMpt fror., tree r al o mite
a. Removal Of aRy`lead tree
P. Rerneval of any tree wh'Ah hRr, hi-en destroyed OF effeGtiVely destrGyed by an aGt Of God,
legal, benefiGial or equitable iRterest in the real property upon whiGh SuGh tree iS leGated,
Page 60 of 95
the intent of thisprovisfer} to exempt from liability fer Gh deStry Gtien er effeGti„e
property open WRh^ s---r-,h tree 10-Gated 4 the person U l.i of have 0 eRte,l the
by the exeFGiSeof reaoenahle rare
(5) Review of peFmits for-Femoval in 4ghts of way, government propeft4es. The publiG werks Offi
shall revew and make the determination fA-.r tree rearnAv;;l fGF trQeS iR ights of way and GR
govemment PFE)PeFtieG.
(G) Application. AR tree removal perm t app"GatiOR shall he rnade. tA the planning and zeRing
con. .red foo and required rleG onto fer the review of thea nlinatle
R.
(d) ReWew and evaluation of peFmit appliGation.
appliGatieR. Thor-, _RRd all aGtiORS takeR by the administrative Gff'Gial under the prey Si()RS
of these tree regulations shall be G9Rd6lGted 6ISiRg best available PFaGtir_,(9s fre.m. bielegy, betaRy,
that is GE)RsisteRt with all appliGable goals, E)I�eGtives and polibes outhned iR this Ghapter and iR
the GOMprehensive development master plan.
(2) Upen rec;e pt of a GOMpleted permit app"Gation, the planniRg and Zoning effiGial shall Visit
provisions of these regulafions. The afficial will examine:
a. Spa a tree eta .J��vrndaad. The 6t.9rn`+Tlarvr't6 tA- applied iR FevieWiRgtree removal
1
Size and Genfig Uratqen of the n e y
2. Che and Genfiguration of a proposed speGirneR tree
3. Lecat1m,-o the tree relative taRy proposed developmeRt.
rt Whether e net the tree r n he n ed u nrler the n rl eplan e altemat'v
T PTS
6. whether+fie +treses athrreatte perseRs er property.
IOGated within the Gity as SpeGimen er hql-;tA-qr4A- trees. in addition, the m-Atter shall -he preseRted te
the Gity G96IRGil for its determination. The Gity GE)URGil shall GORSider the FePE)14 of the of the
;-;.n.d- either accept, medify or deRy the reGO.m.mendatien. And ma
a' may designate by resc)!UtFGR PF9teGted trees, SpeGirneR trees, and/or hister r trees as
GGunG
defeRed heFe'R. Any tFee whiGh has been deG'aF8d to be a PFOteGted tree shall not be removed
b. Other trees, if there aFe trees preseRt on a site other thaR aRy PE)FtmeR Gf a RaWral foreSt
ants fer tree removal seGtien shall apply.
Page 61 of 95
fereest
SpeGimen trees er other trees, theR the previsiens ef the GOde shall be
plied in '
nrtnn to the pFeSeRGe of e Gh type of tree or nit..
m ssuanGe ef a tree removal permit, the permittee may be required to FeplaGe trees that are autheFized
s—es of trees required for replaGement shall he determined ar'AAF iRg te the SpeGifGatiens
nen
iR a IandSGape repjaGemeRt plan WNGh shall meet the Fements ef the Cede. NE) tr
removal permit shall be issued unto! the administrat ve OffiGial has appreved Said pl@P,.
At
9Re yeaF te ORSuFe tree replaGement n thp Pvpn.that tree re!C)GatFc)n er drip line enGrGaGhMell-
iR the death of any tree s6ibjeGt te a tree permit or for aRy tFee damaged or destroyed On any pre—
a landSGape aFGh'teGt W supply revised bending ameURt fE)F Gity Feview and approval if the IandSGape
aFGhqt8Gt determines that the trees or palms subjeGt tO Fe'E)Gat4E)R eF drip IiRe eRC;Fc)aGhMeRt
All required plans OF GOvenants are submitted and are iR GeMplianc-,e vAth the. st-a.nd-a.rd-s ht--.rp-.'n-.
(n,.,1 Ne. 2010 10 214 § 2(1 4 00 n 7 2010)
See. 34 448 Procedure-,;fer. rl.,+ormir,�....tFee r .,IaeemeRt r ntr
The p!aRRqRg and ZE)RqRg OffiGial shall deteFmine the total number and type of replaGement trees
Step 4.- Determining existing tree Ganopy Goverage on site. The A-re-A ef ng tree Ganepy
GE)mbFRatOE)R E)f the fE)"E)WqRg methods: Revoew of aerial photography; on site inspeGtiE)R; and
rev'ew of a tree survey. The ad-min.strative effir.ial may requiFe the appliGaRt te Submit A tree
Survey fer the purpose of this determiRatierv,
(2) Step 2.- DeteFmin�g ingpaGt area of proposed pFojeGt. The area E)f exiStiRg GaRE)py GovePage
WhiGh will be affeGted (impad area) by the appliGaRt'S proposed deVe'OpMeRt shall be
trees required for replaGeMeRt shall be based c)R the area ef 'mpaGt and the categery of
of 2:1 fer a PA-.rtwA-.n A-f the tree GaROPY lest On the impaGt area. The following table shall be used
ctanrl-.rrl fpr determining the required r, mbe .,f r nlnnomnnt trees-.-
Table A: Detnrmir 4;g N umbeF of Rept eem.,n+Trr.r.r
Categer.,of Replacement Dart'!, of Impact Area that Each Replaceme..t Tran G.A-mr,. Rsatn for �n
T-F-L-e SquaFe Feet
Page 62 of 95
Chf -,moi Cn
Shade tree 2 300 S,.f.
Drv�lrr"",r Circe 1 RW-gr
D-,r-;I n;tnrc loo YoTTr
CCS_
Ganepy. in the event that a Fep!aGeFReRt tree ac;tually has more GaRE)PY GOV8Fage -1 1-he
tome ef plaRting than the aMGURt of Gredit allowed _,.nAp.r thta tree replac;empnt fArmi-IR
replaGernent tree at the time ef plaRting. The app"GaRt Shall submit a lost of prepesed
number of replac;ernent trees P-.xr-,R-edF, 20, and theR the appliGant shall be required to
adMiRiStFatiVe effig-ial shall appreve prepesed FeplaGerneRt trees that are GonsisteRt with
the stonldords of those tree ren 'atiens
-h. A.4liplilm-um speGies diversity standa.rd-S. I.A./hen mere than teR trees are required to be PlaRted
w n aGGordanGe with the provis'DRS of ths division, a diversity of speGieS shall be required.
Thenumber of Spee eS--te he Pla.teal ohell he the overall number of trees
FeqwGd. The I' t shell he Fe{�Q:r meet to eet the felle).'n .d'V e site
+� app;����
Table 5: Minimum DiveFs4y StandaFdS
2i—So 4
1 e ,;,ire b
of 50 peFGent of all replacerReRt trees planted shall be native to the Gounty, and ne more
thaR 30 peFGeRt ef the replaGemeRt trees shall be palms. However, when native trees are
Page 63 of 95
FeFnE)Ved, all rep'@GeMeAt shall be native sper-,mes. As; an alternative to the i i
speGies diversity required herein, an appliGaRt Fnay prepese alternative SpeGies diversity in
an oltnrnoti„e Ian`toronn nnhonne.,,nnt plan .tn Ffhnd in thnon tree r u Iat'n
(4) Step 4.- LOGation of FeplaGengent tree. SpeGifiG plaGeMent Gf Fep'aGeFnent trees en sate shall
determined by the appliGaRt. If the site r-,-;;npn-t aar-,A-A-M.rnedate the required replaGement trees
planR ng and zening GffiGial approval, or, as an alternative, shall prevde aR equitable
n-en. tr4butoe.n te- the Gity tree trust fund to Gompensate for these Fep'aGP-.rnP-A. t trppq whirh ApinnAt
be aGGC)Mmodated OR-Site.
(5) Step 5.-- A-4ini.mUM standards for replaGengent trees.
a. All replaGement trees shall have a minimum quality of a Florida No. 1 grade OF better
b4 The publiG werks administrative OffiGial shall maintain a lost of speGies feF eaGh Gategery ef
tree heights shall be determined by overall height measured from where the tree. meets the
ground to the tGp most branGh.
Gq All GategeFy 1 replaGement shade trees shall be a minimum of 14 feet On height at the tome
of planting and at maturity oheuld have of 500 s o foot In,tnr
d. All Gategery 2 FeplaGerneent shade trees shall he a minimum Af 1 feet On height at the t Me
of planting and at matwity should have a Gan()Py GeveFage of 300 square feet undeF
e. All Gategery 1 FeplaGemeRt palm trees shall have a minimum h6ght E)f teR feet at the tome
ef plaRting and at maturity should have GaRepy GGVeFage ef 300 square feet under nermal
f. All Gategery 2 replaGement palm trees shall have a rninimium height of three feet at the time
ef plaRting and at maturity should have GaRepy GeveFage of 100 square feet under normal
g. All Feplacement small trees shall have a minimurn height of sox feet at the tiMe Of PlaRtiRg
-;;.P.(-1 M- maturity should have GaR9py Geverage of 200 square feet under normal groWiRg
Gend+#aen&
(6) ReplaGement Of SpeGimen trees.
a. Alternate pians. if, upen review of thi-n. enumperatedd -;;-hA-,.,e, the publiG works eff'Gial
tht--A the appliGant shall provide an alteFRate PI-A.A i.vhp—n feasible, whiGh shall indude
9 An adjustment of hU ii,rn nntatinn en a site
61
adrnn6s#atmve offibal may issue a permit tG FeleGate the speGirneR tFee. if the tree removal
permit requires relc)Gatien, then the appliGant shall be requiFed tA- Felec-,ate the tree
0th the cta Rdards set forth he cis i.
Page 64 of 95
net feasible tll e to the size,
tree r nlaGement shall be Fequired.
removal permit fer the relmleval Af R ;PeG;MeR tFee, tFee replaGemeRt requirements shall be
bqdAp thehese speGified ethenNise byi i hanter. Cer example, a tree with a Galiner of 18
Mr-,hes shall be rep'aG(-zd- mvith a tree er trees (minim-im fe-ir F)RH and 12 feet
alte-FRat-ve, them shall be a GGntributien te the c_,ity tFee trust fund- fA-r. thie full equivalent
value of the replaGeMent tFees. AdditiGRally, there shall also be an equitable GE)RtributiE)R to
e. Exemptions. AR appliGant may be exempt from the replaGernent requ rements above, bu
s6ibjeGt W the tree replaGement requirements above, under the follow ng G4FGumstanGes:
,_a�ble betaniGal faGter '
ether-
reasonable deer net prevWe tie—aest#etisr—enntal
er,
(Ord. No. 2010 10 21 Q .c 2(14 100), n 7 20 10)
Set—_344.49. Tree n nteetie rt + rar
(a) P4�9t9G60P FOqUiFOMOWS during GopstryGtiop . During site development, pFeteGtm9R requiremeRtS f9
tFees designated for presep.,atieR 6iRder an approved tree Femeval pp_rmit shall 4Ar-,lude, b6lt Ret t�_-
i'm'ted to, the fc)llewing:
(1) ProteGtive barriers shall be plaGed aFE)URd the drip line of eaGh tree, Gluster of tFees, or the
edge ef the preservation area Re less than six feet (in radius) from U.e trunk Af ainly PreteGted
eff"Goal. Prater-live bar.rivars shall be a minimurn A-f fA----r fp-t-at -R-hA-'.'P- greHnd level and shall be
GE)RStF6lGted ef Weed, plasfiG or metal, and shall remain in plaGe until develepmeRt iS GE)Mpleted
(2) URderroter plants with' to Gyve har6ersshall -he teGted
C'-� T."�r-preccv��-.�vrnTrcT v c-j�vrcv
(3) NE) eXGess eil, foil, eqUipMeRt, building materials or buildiRg debris shall be plaGed within
areas SUFFeLlRded by proteGtive barriers, ner shall there be dispesal ef aRy WaSte Material SuGh
as paints, emis, selveRtS, asphalt, GonGFete, mertar er aRy other materi-al h-;;rrnf--,' te trees er
drainage t
e�`Ervr+'rRy^vrrnr�a^g e�uvI' 'mrrc�9rrthesite.
(4) Trees shall be braGed ip sur_,h -A farhinn AS W AGt SGar, penetrate, perforate er A-theap,vise infliGt
damage to the tree
(5) Natural grade shall be maintaiRed w4hin proteGtive In the event that the RatWFal gFad&
of the site iS Ghanged as a result ef site develepmeRt SUGh that the safety C)f the tree may be
lig+ rl tree wells c)r retaiRiRg Ballo are requiFed.
Page 65 of 95
(6) Undergrc)URd Utility IqReS shall be plaG8d outside the are-as 61-II'MURded by pretective barrie
said plaGeFReRt OS ROt pess ble, disturbaRGR_ shall bee. MiRiMized by 6ISiRq teGhRiqUAS q--ch
fi innelinn n erhead utility Ianec
!R`1�A drop I no o ._.,..lent plan s defined- mn thisshapteF.
n..,1 No. 2010 10 714 § 7!1 110n 7 20 10)
ren onto that shall hen nl'ed w'th
(n,.a No. 2010 10 7 19, R 2(1 n 120), n '7 201 0)
SSee. 34 451. MaiRteRaRce requiFements.
(a) All evvners of land er their agents shall -hp- respensible for the maintenanGe of all landsGaping. TWS
r nrludes mewing and maintainiRg abUttiRq Fights E)f way, swales, lakes and ranal banks.
(b) LandsGaping shall be ma nta ned 'R a geed GA-Rd-itieA '-;A- as te present a healthy, neat and orderly
appearaRGe at least equal to the erig Rai qRstallatiOR and shall be mewed oF tFammed in a manneF ap,4
(G) LandsGap Rg shall be maiRtained to minimize property damage and pLiblmG safety hazards,
prop F4y are exempt from these IandSGaped MaqRteRanre pF i i Pt where mantenanGe is
neGessaFy to avedd damage te pubhG preperty or te m tigate safety hazards. ARY ReGessary tree
ng MUSt GeRf(DFIMI -;;t -A ITI.mllirnl6irn to ANSI A 3-0-n- '_;t_A.Ad_A_.rd_s and -as set forth in the Gity'S landsGape
faaaaa�.
(e) LandsGap ng shall be maiRtaiRed iR aGGOrdanGe with the following standar
(1) IRSeGtS, disease, etG. LandSGapiRg shall be kept shall be kept free ef vistle signs Of
and disease and appropriately irrigated and feintilized to enable landsGapqRg te be n a healthy
(2) MLJ'GhqRg. Three nGheS C)f Glean, weed free, apprc)VOd E)FgaR G FnLJ'Gh shall be Maintained eve
all areas originally ML4'Ghed at all times until landSGaped R-Ftea mati-Irt-91-3 W 100 PeFGent GGverage.
Th,-- use A-f heat treated MUlGh ebtaiRed frem MelaleUGa, EUGalyptus, eF ether iRvasive plaRt
sGeuraged.
Page 66 of 95
(3) Turf edge tFiFRMiRg. All MadWaYS, GUFbs and siddel.Avalks shall be edged to prevepA
eRGrc)aGhment frem the adjacent tuFfed Line tr-mmers Shall not be used to trim ty
ah.ltting trees or other plant material
/41 Irrlgat'o systems:
IrFigati9R systems shall be maiRtairled to eliminate water less d6ie te damaged,
b. IFFigatiOR systems shall be deSigRed, mRstalled arld maintained te minimize appliGaten of
c/egress easemeRtS Gr ether"eh'g Ia
use areas.
d. A fUnGt* i - . ser/shuteff deViGe shall be required eR all irrigation systems
after 1991 a anllate.d h„ C C q f 373 667
operated hebNeen the he-U.N. of 5-00p.m. rld 8:00 a Rly, " rl d by tat,
applystrE)Rgly re_c_A_,m,FnP,A,dPd that irrigati9rl systems eperate primarily OR the early morning hours
fertilizer, herb c;ides and nest'e'liesl is of limited to these he
f. The duration that zones are eperated she-wid- be adjusted to reflear_,t the ef the Zone as
well as the needs of the plant mate-roal an the zene. UnneGessary and exGeSSive watering
Gan premete Feet Fet and other plant di-------
(Of N 01 0 1 0 71 4 R '1/1 4 130), �'7 7[11 n• ora No 201 4 02 3!4, § 7/R,.1 A l 1 4 7/11 4l
fora:T.vzvz-v--ry z-ro�c�rrry v� � rvz-v� Ofd. No. zo-r�—vr-�-rr-�c�. � -v-r�
Secs. 34 45 34 nen oeren,ea
Page 67 of 95
ARTICLE XIV. -MINIMUM LANDSCAPE AND BUFFERING REQUIREMENTS: FENCES: WALLS:
HEDGES, TREE PROTECTION
Sec. 34-439. -In General.
(a) Purpose and intent. The purpose and intent of this article is to provide regulations for the installation
and maintenance of landscaping and landscaped open space, to utilize landscaping and landscaped
open space as an effective means of conserving energy, to preserve open space, to maintain and
improve the aesthetic quality of the city, thereby promoting the health and general welfare of, and
increase the quality of life of residents, businesses, and visitors. In addition, it is the policy of the city
council to encourage lush landscape and buffering and maximum greenery, to encourage
implementation of Florida Friendly Landscaping principles as identified by the South Florida Water
Management District, to preserve and maintain natural vegetative communities, and to maintain and
conserve all natural and conservation areas within the city, as identified in the city's comprehensive
plan, in as much as:
(1) The city's comprehensive development master plan identifies the areas of natural vegetation
within city boundaries. The loss of these natural areas by indiscriminate removal of this
vegetation adversely affects the public health, safety and general welfare.
(2) Protecting natural vegetation also promotes wildlife habitat, maintains the natural character of
neighborhoods, preserves the natural diversity of species, and recognizes the numerous
beneficial effects of native trees and sound landscaping practices.
(3) The city also recognizes that trees and landscaping assist in reducing flooding from stormwater
runoff, increase aquifer recharge, provide shade for residents and businesses, and reduce heat
and noise pollution.
(4) Requiring sound landscaping practices, minimizing the loss of native trees and vegetation, and
establishing a robust and uniform natural landscape in the city all increase the quality of life for
residents and businesses.
(b) Applicability and compliance of nonconforming developments. The landscaping and buffering
requirements of this article shall apply to all development within the city. Existing developments that
become nonconforming at the effective date of adoption of the Land Development Regulations shall
be subject to compliance as follows:
(1) Existing development that becomes nonconforming as for the landscaping and buffering
regulations as of the effective date of the adoption of this article but which were in compliance
with this article prior to the effective date of this amendment, shall maintain legally
nonconforming status until July 1, 2020 with the exception of the following:
a. Developments that have obtained a vested rights determination.
b. Developments that have obtained a certificate of legal conformity for landscaping as set
forth in subsection 34-59(c), for the provision of the required landscape in compliance to
this article, of which compliance to the best extent possible to all landscape and buffering
areas required has been met in order to bring the property into conformance of this article.
c. Single-family residences, duplex residences, and townhouse residences that were built and
obtained a certificate of occupancy prior to the effective date of adoption of the land
development regulations.
(c) No variance or waiver. No variance or waiver of these requirements shall be authorized, except that
an administrative variance may be granted as set forth in section 34-50 for a contribution of funds in
lieu of compliance with the landscape requirements listed in Table 1 of Sec 34-444(f)..
(d) Contribution of funds in lieu of compliance to the standards. Where a landscape or buffering
requirement set forth in this article cannot be complied with, a waiver to contribute funds in lieu of
complying with the requirement may be applied for as an administrative variance or waiver as set
forth in section 34-49. The contribution shall be based upon the prevailing cost of the landscaping
Words underlined are added. Words stricken through are deleted.
Page 68 of 95
materials and labor costs on sources deemed acceptable by the administrative official or designee ,
as such costs may be adjusted for local material and labor cost conditions. Payment under this
section shall be deposited in an account to be designated and maintained for landscape and
buffering installation in the city. If a contribution of funds in lieu of the landscape and buffering
requirement is granted, such requirement shall be required prior the recordation of the plat, or prior
to the issuance of building permit for any development on the property.
(e) Penalties for violation of this article: unauthorized removal, relocation, root or canopy pruning,
maintenance practices causing damage to trees and landscaping, and failure to comply with
landscape installation and maintenance requirements within 30 days after notice provided. In
addition to all other applicable penalties set forth in this Code, the following additional penalties shall
apply:
a. First offense with no prior knowledge. Amount of fine is per tree. For landscape installation
and maintenance, amount (item i) is attributed per week after 30 days landscape is
noncompliant.
i. Less than 18-inch diameter at four-foot height ..... $500.00
ii. 18 inches to 36 inches ..... $2,000.00
iii. Greater than 36 inches ..... $3,000.00
b. Second offense or prior knowledge. Double the fines assessed for first offense without prior
knowledge.
c. Subsequent offenses. Triple the fine assessed for the first offense without prior knowledge.
Sec. 34-440. -Landscape Permit and Plans Required.
Prior to the issuance of a building permit, a landscape permit application, plans and applicable fees shall
be submitted to and approved by the administrative official or his designee. For city installation of
landscape and related improvements in rights-of-way, payment of fees shall not be required but shall be
submitted to the Planning and Zoning Department for review and approval. The administrative official
shall approve, approve with conditions, or deny the permit application. A denial of the permit application
may require the applicant to provide additional information or an alternative plan for consideration.
(a) Landscape plans.
(1) Single family and duplex residences in the R1 and R-2 districts. In the R-1 and R-2 districts
only, a landscape plan is not required for single family and duplex residences only. Required
landscaping, including quantity, size and location shall be submitted in the form of a plot plan or
drawing that may be prepared by the owner or the owner's representative. No trees or other
plant material may be planted in public rights-of-way (swale areas) without a landscape permit
from the city.
(2) All other development. Landscape plan(s) shall be prepared by, and bear the seal of, a
landscape architect licensed to practice in the State of Florida. Such plan shall include, at a
minimum, the following information:
a. The landscape plan shall be drawn to a scale equivalent to that of the site plan or other
primary plan required for the building permit. Additional smaller scale (more detailed)
landscape sheets may be provided as necessary;
b. Property boundaries, north arrow and graphic scale;
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c. All existing and proposed structures, parking spaces, or other vehicular use areas, access
aisles, driveways, coverage of required irrigation systems, utilities location and the location
and size of buildings;
d. Ground mechanical equipment and screening provided pursuant to section 34-418.
e. All landscape and hardscape features clearly identified;
f. Parking landscape islands, planting beds and other landscape features properly
dimensioned;
g. Planting details and specifications;
h. Landscape legend form as prescribed by the administrative official or designee, including,
but not limited to, the following:
i. Site dimensions and landscape calculations;
ii. The common and scientific name, as well as the quantity and size specifications of all
plant materials to be installed;
iii. All applicable information pursuant to section 34-444(Table 1).
(b) Ve_getation survey. A vegetation survey shall be provided for all sites at the same scale as the
landscape plan. The vegetation survey shall provide the following information, and be prepared by
an International Society of Arboriculture (ISA) Certified Arborist, Landscape Inspectors' Association
of Florida (LIAF) Certified Landscape Inspector, Registered Landscape Architect, or other landscape
professional with qualifications accepted by the City.
(1) Location and graphic representation. The accurate location and graphic representation by size
diameter at breast height (DBH), canopy, and type of tree, in relation to existing development of
all existing trees of a minimum two inches DBH or ten feet in height or, for native trees, of a
minimum 1'/2 inches DBH or eight feet in height, including those which are proposed to be
removed, relocated or preserved on-site in accordance with the requirements of landscape
regulations.
(2) The boundaries of any native habitat, native plant community, native plant species, and/or
natural forest community (as defined and described in Chapter 24 of the Miami Dade County
Code) and associated understory that exists on site, as determined by the planning and zoning
administrative official.
(3) Table. A table showing the following information:
a. The scientific and common name of each tree, each of which shall be numbered;
b. The diameter at breast height (DBH) of each tree, or if a multiple trunk tree, the sum DBH
for all calculated by akinthe square root of the total of the square of each trunk
diameter: X105 Diamete + Va Diamte + Td Diamete etc.
c. Estimated height, canopy cover, and physical condition of each tree, and whether
specimen trees exist on-site.
(c) Irrigation plan required.
(1) Single family and duplex residences in the R1 and R-2 districts. Irrigation shall be provided for
all landscape areas for single-family or duplex dwelling, and shall include irrigation for Swale
areas. For singe family and duplex residences in the R1 and R-2 districts, the irrigation plan
may be indicated on a plot plan or a separate drawing prepared by the owner or the owner's
agent indicating area to be irrigated, locations and specifications of lines and heads and pump
specifications.
(2) All Other development . Irrigation shall be provided for all landscape areas, including swale
areas.An irrigation plan shall be required to show the following:
a. Be drawn on a base plan at the same scale as landscape plans.
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b. Delineate existing and proposed structures, parking areas or other vehicular use areas,
access aisles, sidewalks, driveways, the location of utilities and easements, and similar
features.
c. Include water source, design, operating pressure and flow rate per zone, total volume
required for typical depths of application, and application rate.
d. Include locations of pump pipes, controllers, valves, sprinklers; back flow prevention
devices, rain sensor/shutoff devices and electrical supply and irrigation details.
e. Delineate landscape areas, major landscape features, and hydrozones.
(d) Tree protection plan. This plan shall be presented as part of the tree permit and shall be required for
all trees proposed for removal, relocation, or with ground-disturbance or canopy removal proposed
within 10 feet of the trunk for non-specimen trees, or within 20 feet of the trunk of specimen trees. It
shall include:
(1) Designation of each tree subject to the tree protection plan. For each tree, the canopy shall be
shown to scale, along with the critical root zone (CRZ), calculated at 8 inches in radius from the
trunk for each inch in trunk diameter;
(2) The reasons for impacts proposed to the canopy or within the CRZ;
(3) Detailed description of the proposed efforts to protect the trees from damage, which may
include tree protection fencing and signage, root pruning, supplemental irrigation, relocation of
proposed construction activities and construction monitoring by a Certified Arborist; and
(4) A plan to ensure long-term survivability of trees covered in the plan.
(e) Consideration of credits for existing plant material. In instances where healthy plant material exists
on a site, and is to be retained, the administrative official or his designee may adjust the application
of the minimum requirements to allow credit for or consideration of such plant material, if such an
adjustment is in keeping with and will preserve the intent of this chapter. When allowances are given,
in no case shall the quantities of existing plant materials retained to be less than the quantities
required in this chapter. In such cases, the applicant shall provide a survey specifying the species,
approximate height and caliper, as well as the location and condition of any plant material used as a
basis for requesting this adjustment. Any adjustment shall be based on unique circumstances
applicable to the plot in question with the object of such adjustment being to preserve existing
vegetation or to maintain a tree canopy.
Sec. 34-441. -Landscape Plan Review Criteria.
(a) Landscape plan review criteria. Landscape plans shall be reviewed in accordance with the following
criteria:
(1) Compliance with chapter. Compliance with all applicable regulations set forth in this chapter.
(2) Landscape design. Landscape design shall enhance architectural features, relate structure
design to the site, visually screen dissimilar uses and unsightly views, reduce noise impacts
from major roadways and incompatible uses, strengthen important vistas and reinforce
neighboring site design and architecture.
(3) Preservation requirement. Existing specimen trees and native vegetation (including canopy,
understory, and ground cover) shall be preserved to the maximum extent possible and to all
applicable requirements of these landscape regulations.
(4) Water conservation. In order to conserve water, reduce maintenance, and promote plant health,
plant species shall be selected and installed based on their water needs, growth rate and size,
and resource needs. Plants with similar needs shall be grouped in hydrozones. Adequate
growth area based on natural mature shape and size shall be provided for all plant materials.
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Page 71 of 95
(5) Use of native plant species. The plan shall include use of native plant species in order to
reestablish an aesthetic regional quality and take advantage of the unique diversity and
adaptability of native species to the environmental conditions of South Florida. Where feasible,
the reestablishment of native habitats shall be incorporated into the landscape plan. Minimum
percentages of native plant species are specified in Sec 34-445.
(6) Planting in energy conservation zone. Trees and shrubs shall be planted in the energv
conservation zone where feasible, in order to reduce energy consumption by shading buildings
and shall be used to reduce heat island effects by shading paved surfaces.
(7) Street trees. Street trees shall be used to shade roadways and provide visual order. Where
feasible, selected species shall be used to establish a road hierarchy by defining different road
types.
(8) Planting material near utility lines. Special attention shall be given to the use of appropriate
species located under, or adjacent to, overhead power lines, near native plant communities, and
near underground utility lines. Adequate growth area shall be provided for all plant materials.
(9) Avoidance of visual obstructions. Landscaping shall be designed to provide safe and
unobstructed views at intersections of roadways, driveways, recreational paths and sidewalks.
(10) Historic landscapes and features. Historic landscapes and landscape features designated by
local, state or federal governments shall be preserved.
(11)Standard landscape notes. Landscape plans shall include the standard landscape notes
as provided in the city's Landscape Manual, which at minimum will require a landscape pre-
installation meeting with the city.
(12) Crime Prevention Through Environmental Design (CPTED). Landscape designs should
incorporate the principles of CPTED in design and maintenance specifications.
Sec. 34-442. -Reserved.
Sec. 34-443. -Issuance of Certificate of Occupancy.
The administrative official or his designee shall inspect all landscaping and no certificate of occupancy or
similar authorization will be issued unless the landscaping meets the requirements herein provided, along
with any special conditions included in the landscape permit.
(a) Cer kation of landscape compliance required. A preparer's certificate of landscape compliance
shall be submitted to and approved by the planning and zoning administrative official prior to
issuance of any final certificate of occupancy. The preparer's certification of landscape compliance
shall contain a statement signed and sealed by a registered landscape architect or by an LIAF
Certified Landscape Inspector, that the landscape and irrigation plans have been implemented and
that all requirements of these landscape regulations have been met, and/or noting any specific
variations or discrepancies. Any changes or substitutions to the approved plan may require approval
by the planning and zoning administrative official prior to the implementation of said changes and
substitutions. All changes or substitutions to the approved plan shall be noted on both the job site
and office copies of the plan, and approved by the City prior to installation. Changes and
substitutions of plant material shall be of similar or better quality, quantity and size, as originally
approved and shall be in compliance or exceed with the intent and requirements of these landscape
regulations. The City may also inspect and verify compliance with landscape plans.
(b) Written certification. For single-family or duplex residence on its own lot or applicable existing
development, the owner or owner's agent(via statement signed and sealed by a registered architect)
may certify in writing that landscape and irrigation improvements have been installed according to
approved plans. The City may also inspect and verify compliance with landscape plans.
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(c) Effective date of compliance. After a certificate of landscape compliance is provided by an applicant
and approved by the city, the landscaping on the site will be subject to compliance reviews and
penalties for noncompliance per Sec. 34-439(e), regardless of status of Certificate of Occupancy.
Sec. 34-444. -Landscape, Buffering Minimum Standards.
(a) Landscape manual reference. The city's landscape manual, which from time to time may be revised,
shall be made available to the public, as referenced in this chapter, and shall provide an illustrative
and descriptive interpretation of the standards set forth in this chapter and suggested guide for
landscaping and irrigation in accordance with the standards and requirements of this chapter. All
plant material and installation requirements shall be consistent with the landscape manual. When
street, shade, palm, trees, and hedging, sods and other vegetation are referenced in this article,
same shall be installed shall be consistent species as with those species listed in the landscape
manual, unless otherwise specified. The County's Landscape Manual shall serve as the City's
landscape manual pertaining to sections or terms not provided in the City's landscape manual. If a
conflict arises between the landscape manual and this chapter,the latter shall prevail.
(b) Prohibited and controlled tree species. Prohibited and controlled tree species shall not be counted
toward fulfilling minimum tree requirements. Prohibited trees shall be removed from the site.
(c) Generalized minimum landscape and buffering table. The following table shall be used as general
interpretation of the required minimum landscape and buffering standards for the underlying zoning
district that all development shall comply with. Further regulations for specific uses may be found
under each zoning district regulations that shall be complied.
Table 1: Minimum Landscape and Buffering Standards Generalized Table
Zoning R-15 - --
district/ NC G
R-1 RR=2 R-25 PCD OF I_1 I_2 PD AU EO
landscape ' — R-50 BTO P
requirement
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—� per
see 3 3per net net net net net net net net N/ net
Section 34- e_er I A
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trees—off
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parking ree req rem req req req req N/ req-
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1 per 1 � 1 per 1 per 1 per 1 per 1 per 1 per
Street trees � 30 30 ' 30' 30' 30 ' 30 ' 1 per 30' 30 ' 1 per
see 30 ' lot lot lot lot lot lot 30 lot lot lot N/ 30 ' lot
Section 34- lot fronta frontaq frontaq frontaq ;frontaq frontaq frontaq frontaq front. A frontaq
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Page 73 of 95
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Sec. 34-445. - Landscape and Buffering Specifications.
The landscape and buffering requirements are subiect to the following criteria and subject to certain
exceptions, which shall be depicted on landscape plans and related plans as needed to demonstrate
compliance.
(a) General character and plant quality.
(1) Landscape plantings shall consist primarily of shade trees accented by palms, ornamental
trees, shrubs, and groundcover in order to maximize shade over pedestrian and parking areas,
to reduce air conditioning requirements for buildings, and to provide aesthetic enhancement:
(2) Plants installed pursuant to this code shall conform to or exceed the minimum standards for
Florida Grade Number One, as provided in the most current edition of Florida's Grades and
Standards for Nursery Plants:
(3) Landscape plantings shall utilize the principals of Florida Friendly Landscaping to minimize
irrigation and maintenance needs:
(4) Landscape plantings shall be designed to minimize maintenance requirements due to conflicts
with roots and branches, and to allow for typical growth forms of trees, palms, and shrubs.
(5) The landscape design shall provide large, small shrubs and groundcover plantings to achieve a
layering of plants. Landscape designs shall seek to utilize complimentary plant types, create
pedestrian-friendly spaces, maximize shade, limit overutilized species, and enhance the unique
character of each site. The city's landscape manual may contain additional provisions to guide
design. Landscape plans which do not meet these design guidelines may not be approved until
changes are made to meet the guidelines.
(6) Trees shall be spaced from each other as well as structures and utilities in order to provide for
adequate canopy growth typical of each species, including for street trees and off-street parking
area trees. In general, large shade trees (live oak, mahogany) shall have at least 12 feet on
each side, medium sized trees (green buttonwood, pink trumpet tree) shall have at least 10 feet
on each side, and small trees (crabwood, crape myrtle) and palm trees (sabal palm, coconut
palm) shall have at least 6 feet on each side. In order to allow for adequate root space, a
minimum of '/2 of the minimum canopy space listed above must be pervious available root
space, provided on all sides.
(7) All landscape areas (other than sod) must receive a three-inch laver of mulch at the time of
installation. For shrub and groundcover beds, the mulch shall be placed throughout the bed. For
trees including street trees, mulch shall be placed in a circle to three feet on each side, with a
three inch gap between the trunk and the mulch. Cypress mulch shall not be used.
(b) Shade trees. All developments shall provide the required number of shade trees in compliance with
the following standards:
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Page 75 of 95
(1) All trees shall be a minimum of 12 feet high and have a minimum caliper of three inches at time
of planting and four feet of clear trunk;
(2) 30 percent shall be native species;
(3) 50 percent shall be low maintenance and drought tolerant: and
(4) No more than 30 percent of required shade trees shall be palms, where every three palms shall
equal one required shade tree;
(5) 80 percent of the trees used shall be listed in the city's landscape manual
(6) Minimum species diversity standards. The number of species to be planted shall be based on
the overall number of trees required. The applicant shall be required to meet the following
minimum diversity standards.
Table 2 Minimum Diversity Standards
Required Number of Trees Minimum Number Species
1 –5 trees 2 species
6– 10 trees 3 species
11-15 trees 4 species
16–21 trees 5 species
21 –30 trees 6 species
31 or more trees _ 7 species
(7) Residential shade trees. Trees shall be planted as to provide shade to residential structures that
are of a height of 35 feet or less. The landscape architect shall provide a statement
demonstrating how specific landscape trees have been used to promote energy conservation.
All exterior air conditioning units, except for air conditioning units placed on the roof, should be
shaded by trees and/or shrubs as referenced in the city's landscape manual.
(8) Shade trees, off-street parking areas. A minimum of one shade tree shall be provided per
required landscape island in parking lots. The provision of shade trees in off-street parking
areas shall count towards the required number of shade trees, otherwise required.
(9) Shade trees, grassed areas. Grassed areas that are to be used for organized sports such as
football and soccer or other similar sports or playgrounds, that are clearly identified on a
landscape plan shall not be counted as part of the net lot area for the purpose of calculating tree
requirements.
(c) Street tree requirements.
(1) Height, spacing and species. Street trees shall be of a species as listed in the Landscape
manual and which normally mature at a height of at least 20 feet. Street trees shall have a
minimum clear trunk of four feet, an overall minimum height of 14 feet and a minimum caliper of
three inches at time of planting, and shall be provided along all roadways individually or
clustered, with a maximum average spacing of 30 feet on center, except as otherwise provided
in these tree regulations. The 30-foot average spacing requirement for multiple single-family
units such as zero-lot-line and townhouse units shall be based on the total linear footage of
roadway for the entire project and not based on individual lot widths. Street trees shall be
planted no further apart than 60-foot intervals and no closer than 18 feet apart depending on the
species.
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Page 76 of 95
(2) Location. Street trees shall be installed on private property within seven feet of the property line.
Street trees planted along private roadways shall be placed within seven feet of the edge of
roadway pavement or, where present, within seven feet of the sidewalk. Appropriate types of
street trees shall be in compliance as listed in the landscape manual. Root barriers shall be
placed along the edge of the sidewalk or roadway for all newly planted street trees.
(3) Maintenance of street trees. When trees are planted within the right-of-way, the owners of land
adjacent to the areas where street trees are planted must maintain those areas including the
trees, plants and sod, using pruning methods specified in this chapter. Where the city
determines that the planting of trees and other landscape material is not appropriate in the
public right-of-way, they may require that said trees and landscape material be placed on
private property.
(4) Exceptions.
a. Power lines. Where the height and location of overhead power lines require the planting of
low growing trees, street trees shall have a minimum height of eight feet, a minimum
caliper of two inches at time of planting with a maximum average spacing of 25 feet on
center.
b. Street lights. No street trees shall be located closer than 15 feet from street lights, no
palms may be closer than seven feet.
C. Electric, utility lines. The spacing of trees from electric utility lines must follow those
guidelines established by Florida Power and Light publication Right Tree, Right Place,
available from the public works office.
(d) Shrubs, hedging. A continuous, extensively planted greenbelt of shrubs and hedging shall be
provided along all property lines abutting a public right-of-way in accordance the following minimum
standards, except as permitted as set forth in section 34-446:
(1) A double-row of shrubs shall be planted to create a layered effect, with the row closest to the
public right of way maintained at a maximum height of two feet, and the interior maintained at a
maximum height of four feet. All shrubs shall be a minimum of 18 inches in height when
measured immediately after planting. Shrubs shall be provided at a minimum ratio of ten per
required tree, with enough density such that shrub branches touch their adjacent neighbor at
the time of planting. Of the provided shrubs at least:
a. 30 percent shall be native species and no more than 25 percent of the total number of
required shrubs shall be of the same species;
b. 50 percent shall be low maintenance and drought tolerant;
c. 80 percent shall be listed in the city's landscape manual.
d. When used as a visual screen, buffer, or hedge, shrubs shall be planted at a maximum
average spacing of 30 inches on center or if planted at a minimum height of 24 inches,
shall have a maximum average spacing of 48 inches on center and shall be maintained so
as to form a continuous, unbroken and solid visual screen within one year after time of
planting, except penetrated only at approved points for ingress or egress to the property.
Shrubs used as a buffer, visual screen, or hedge need not be of the same species;
d. The height of any hedge may be allowed to exceed four feet up to a maximum of eight feet,
if maintaining the hedge in this manner does not violate CPTED principals for the location.
The design height of all shrubs must be included in the maintenance plan for the site;
e. Hedges may be placed on the property lines; however, this regulation shall not be
construed to permit such hedges to extend beyond the official right-of-way lines or property
lines.
f. Exception: In PCD EO, hedge not required to be continuous.
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Page 77 of 95
(e) Sod, lawn areas, -ground cover. All residential lawn areas, landscape open spaces, landscape
buffers, and all other areas not occupied by structures or vehicular use paving shall be planted with
sod, lawns, or ground cover in compliance with the following standards:
(1) Sod and lawn areas. Sod and lawns shall be planted in a species well adapted to localized
growing conditions in the city. Lawn areas may be sodded, plugged, sprigged, hydro mulched,
or seeded except that solid sod shall be used in swales or other areas subiect to erosion. In
areas where other than solid sod or grass seed is used, over seeding shall be sown for
immediate effect and protection until coverage is otherwise achieved. Property owners are
encouraged to limit lawn areas to no more than 25% of the area of the site unless there is a
dedicated use requiring sodded areas(such as a sports field).
(2) Ground covers. Ground cover plants 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
one year after planting.
(3) Other species and materials in lieu of grass may also be permitted providing such meets the
approval of the administrative official. In general, pavement and stone are not acceptable as
ground covers.
(f) Private open space.
(1) Private open space is required for each single-family residence, each duplex unit, each
attached unit(townhouse) or detached unit that has direct ground floor access. Said space shall
be for the exclusive recreational or leisure use of the inhabitants of the dwelling unit, and shall
be located immediately adjacent to the unit, and designed in such a way as to provide privacy
from adjacent dwelling units.
(2) Said private open space shall be in addition to the common open space required and the
amount of such space shall be 500 square feet of each attached unit (townhouse) or each
duplex unit, and 800 square feet for each single-family detached unit.
(3) Provisions shall be made in the sale or rental of such units that such private open space is for
the exclusive use of the unit concerned.
(44) A maximum of one tree and no shrubs shall be planted within the private open space in efforts
to meet minimum landscape requirements.
(g) Landscape open space. Developments shall provide the minimum open landscape areas in
compliance with the following standards:
(1) The required landscape open space shall be calculated on the net lot area.
2 The provision of all sod, lawn area, ground cover, landscape buffers, off-street parking
landscape islands shall be computed towards the required landscape open space requirement.
(3) Water bodies may be used as part of the required landscaped open space but such water areas
shall not be credited for more than 20 percent of the required open space.
(4) The specific areas within enclosed or unenclosed building areas which are landscaped with
grass, trees and/or shrubbery, water areas therein and areas therein with permanent art display
may be used as part of the required landscaped open space, but such areas shall not be
credited for more than ten percent of the required landscaped open space.
(5) Landscape open space areas may also include tree preservation zones of "natural forest
communities"as defined in Chapter 24-5 of the county Code.
(h) Common open space. Common open space shall be provided in compliance with the following:
(1) Of the required common open space 50 percent of said space may be unencumbered with any
structure and shall be landscaped with vegetation.
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Page 78 of 95
(2) The remaining 50 percent may be used as swimming pools, tennis courts, shuffleboards,
pedestrian walks, entrance features, playgrounds, picnic areas, and other recreational uses
that are and shall be for the general use of all residents and visitors of the development.
(3) Common areas within residential zoning districts such as amenity centers, project entrances,
and miscellaneous open spaces including but not limited to tot lots and recreation areas, shall
have a minimum of one tree and 20 shrubs for each 2,000 square feet of site area or portion
thereof, and shall not utilized for structures or vehicular use areas;
(i) Landscape buffers. A continuous landscaped greenbelt, except for penetrations for permitted ingress
and egress points at the width set forth in the article shall be provided within the required yard
setback areas, and should be designed as stormwater filters or bioswales in compliance to the
following standards, except as otherwise be permitted as set forth in article XV of this chapter:
(1) Encumbrances. Buffers may be encumbered by site infrastructure improvements, utilities, but
may not be encumbered by any accessory structure.
(2) Fences and walls. Buffers may be encumbered by fences and walls in compliance with this
chapter.
(3) Design. Design of landscape buffers must be in accordance with guidance from the city's
landscape manual for aesthetic quality and to provide adequate screening and a layered effect.
Off-street parking areas.
(1) All required parking area landscaping shall require protection from vehicular encroachment by
placing curbing (type D or F) or car stops at perimeter parking at least two feet from the edge of
such landscaped areas. Other landscaped areas abutting curved or angular drives shall be
curbed. Where the landscape easement abuts onsite vehicular use areas such as traffic lanes,
the landscape easement shall be separated from the traffic lanes by continuous concrete
curbing with an 18-inch depth below grade. Extruded curbing installed on top of the paving is
prohibited. Landscaped areas or islands shall contain clean fill and topsoil to at least the top of
the curb.
(2) Exceptions. Where a setback of less than the required buffer areas is permitted the landscape
buffer shall be reduced accordingly.
(3) Landscape islands, off-street parking areas. Landscape islands shall be provided within off-
street parking areas in compliance with the following standards, except as set forth in section
34-532:
a. Landscape islands shall be calculated as one island per every ten required parking spaces:
such requirement shall be rounded down to the nearest ten parking spaces; except as
provided in section 34-532 for properties zoned PCD. A curbed landscape island shall be
provided at each end of each row of parking stalls.
b. Landscape islands spacing may vary, but shall not be spaced more than 15 parking spaces
apart, except as provided in section 34-532 for properties zoned PCD.
C. Landscape islands shall be a minimum width of eight feet wide, not including any curbs,
and shall be a minimum length of 13.5 feet in length, not including any curbs. If landscape
island widths are increased to a minimum of 10 feet, then one island shall be required for
every 15 parking spaces.
d. Landscape islands shall be computed towards the required open space requirement.
e. The soil under landscape islands shall not be compacted. If previously compacted due to
site grading, landscape islands shall be excavated to a minimum depth of 24 inches below
grade with soil replaced in a loose, friable condition.
f. A continuous landscape strip a minimum width of five feet, at grade, located between two
rows of head-to head parking, may be used in lieu of landscape islands for both rows.
Wheel stops shall be used at two feet from the edge of the landscape strip, to prevent
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Page 79 of 95
vehicular encroachment. These landscape strips may concurrently be used as drainage
features, provided the tree species and infrastructure locations do not create conflicts.
q. Shade trees, off-street parking areas. A minimum of one shade tree shall be provided per
required landscape island in parking lots. The provision of shade trees in off-street parking
areas shall count towards the required number of shade trees, otherwise required.
(k) Ground-mounted equipment, walls, and storage areas screening. All ground-mounted mechanical
equipment, storage areas, walls, fences, and common trash receptacles shall be screened from view
other than the side providing access, using trees, shrubs, and/or hedges in addition to the common
area requirements. Landscape plans shall clearly identify the locations of the features which are
required to be screened and the type of screening provided per section 34-418.
Sec. 34-446. -Fences,Walls and Perimeter Hedges; Sight Triangles;
(a) Public safety. No fence, wall or hedge shall be constructed or maintained within three feet of a fire
hydrant, water connection, or other emergency apparatus placed for the purpose of fire protection.
Fences, walls or hedges shall not be placed within the area required by applicable fire and life safety
codes to be clear and unobstructed for passage of emergency vehicles or for the ingress and egress
of persons or animals.
(b) Special fence prohibitions. No barbed wire, electrical elements, or other hazardous materials shall be
maintained as a fence or part of a fence or wall in a residential district. The top surface of any chain
link or cyclone fence shall be crimped to eliminate the exposure of sharp edges. All other use of barb
wire, electrical elements or other hazardous materials shall only be allowed after administrative
variance or waiver approval as set forth in section 34-50.
(c) Permits required. All fences, walls, or hedges, shall comply with appropriate zoning clearance and
building permit procedures. A certificate of occupancy or certificate of use shall not be issued until all
required fences, walls, or screening hedges are erected, constructed, or installed.
(d) Maintenance. All fences and walls shall be maintained in a safe and nonhazardous condition.
(e) Location on property lines.
(1) Except as hereinafter restricted, all walls, fences or hedges may be placed on the property
lines. This section, however, shall not be construed to permit such walls, fences to extend
beyond the official right-of-way lines or property lines.
(2) No fence, wall, gate, or opening shall be permitted to swing, roll or otherwise encroach into the
right-of-way.
(3) In PCD, NC, OF and residential districts the installation of all fences and walls abutting a right-
of-way shall be setback a minimum two feet from the property line and shall be landscaped
accordingly with a continuous hedge as set forth in this section, except that off-street parking
areas_abutting rights-of-way shall comply with landscape and buffering and wall requirements
set forth in this section.
(f) Materials.
(1) Chain link prohibition in front yards. Chain link fence prohibited in all districts front yards, side
street yards. Notwithstanding anything in the code to the contrary, chain link fences shall only
be permitted behind the front building line. Chain link shall not be permitted along property lines
abutting the right of way. It is provided, however, that the aforementioned restriction on chain
link fences shall not apply in 1-1, 1-2, GP, or AU zoning districts with bona fide agricultural use.
All chain link fences must be vinyl coated color green or black. Bare metal or galvanized chain
link fences are prohibited.
(g) Fence, Wall, hedge maximum height.
Zoning R-1 R-2 R-15 NC PCD` OF 1-1*** 1-2— PD— AU G EO
District — — R-25 — — — P
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Page 80 of 95
R-50
Max
6'/m
Fence, wall, ax. Max. Max. Max. Max. Max. Max. Max. Max. : MMax.
hedge 5' 6'/ma 678 8 8 8 8 8 j 6 N/ 8
front x_5'
heights— and front hedhedge hedge hedge hedge hedge hedge hedge A hedge
maximum Yhedge hedge
yard s 8' s 8' S8, S8, s 8' s 8' s 8' s 8' s 8'
1
hed
qes
8'
Increase and decrease of height. Fence, wall and hedge heights shall be increased. or decreased
for compliance with the following:
(1) Double frontage lots. When a higher wall, fence or hedge is required as a visual screening
buffer at the rear of double frontage lots as set forth in this chapter. such fence or wall may be
increased to a height of eight feet, if not otherwise permitted in the underlying zoning district.
(2) Height at intersection. Fences, walls or hedges shall not exceed 2.5 feet in height within the
safe sight distance triangle, as defined herein this chapter.
(3) Height limitation. The height of fences. walls, and hedges shall not exceed 2.5 feet in height
within ten feet of the edge of driveway leading to a public right-of-way, except that in the R
district a fence may be permitted up to the maximum permitted height providing such fence is a
maximum 25 percent opaque, and no other structures or portions of the fence, wall interferes
with the safe distance visibility triangle.
LS
PRIVACY FENCE L 10'-0"(MIN) L 10'-0"(MIN)J PRIVACY FENCE
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Page 81 of 95
Max:6'-0"
Maa:2'-6"
.�10'-0"(MIN)
Clear Vision
Triangle la'
10,
Street Right-of-
Way Line
Street
Clear Vision 10'
Triangle
Street Right-of-- 1(or,.
Way Line
(4) Fences for tennis courts; fences and walls for other recreational uses. Fences, and walls for
tennis courts may be erected up to 14 feet in height if such fence conforms to accessory use
setbacks. Fences and/or walls in connection with other permitted recreational uses, such as
baseball backstops, handball courts, and the like, shall be permitted of a height necessary for
the particular use if required accessory use setbacks are observed.
(h) Measurinq height of wall, fence, and hedge. The height of a wall, fence or hedge shall be the vertical
distance measured from the average elevation of the finished building site to the top of the wall,
hedge or fence. The average elevation shall be measured along both sides of the wall, hedge or
fence line. Virgin land may not be increased or decreased to affect the permitted (or required) height
of a wall, hedge or fence unless the entire building site is graded to even out the level of the site or to
increase it to the required the county flood criteria elevation. Average elevation shall be determined
by taking elevations along both sides of the wall, hedge or fence line, at five-foot intervals and
totaling the same and then dividing the total by the number of stations at which the elevations were
taken. Decorative columns, or other types of architectural features shall not be measured as the
fence or wall height provided said decorative columns or other types of architectural features do not
exceed 20 percent of the permitted height of the fence or wall.
(i) Sight triangle. The safe sight distance triangle area shall not contain obstructions to cross-visibility at
a height of 2.5 feet or more above pavement; potential obstructions include, but are not limited to,
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Page 83 of 95
structures grass ground covers, shrubs vines, hedges, trees. rocks, walls and fences. The
following table represents minimum criteria for determining the required area of cross-visibility:
Table 3: Safe Sight Distance Triangle
�— Required Visibility
Functional Classification of Through Street Left ft. * Ri ht ft. * I Depth on Minor Street (ft.)**
Local 0 0 0
(50-foot or less right-of-way) (triangle lies within public right-of-way)
Collector 190 40 7
(60-foot-70-foot right-of-way)
�– Arterial 260 40 7
(80-foot or over right-of-way)
190' I 40'
U
— I
50' 10'
u
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Page 84 of 95
260' I 40'
R
7'
Table interpretations and waivers of the above requirements shall be made in writing by the director
of the public works department.
Visibility distances measured from center line of minor street, along right-of-way line of through
street.
Depth visibility on minor street measured from right-of-way line of through street, along center line of
minor street(public or private street).
(j) Wall or fence required between dissimilar uses. Where dissimilar uses are adjacent to each other a
six-foot-high wall or fence meeting the approval of the administrative official shall be provided along
common property lines, except that, if the dissimilar uses are separated by a right-of-way. Where an
adjacent or abutting property is undeveloped land, the requirement of the wall shall be not be
required until such time the unimproved land is developed at which time the determination of whether
a determination of dissimilar uses shall be made by the administrative official. In this event, the
requirement of the wall shall be borne to the developer of the unimproved land.
(k) Height between different districts. Notwithstanding any provisions in this chapter to the contrary,
where an RU district abuts another district, a fence, wall or hedge on the RU property may be
erected, or maintained on the common property line of the height permitted in the abutting district.
(1) Exterior finish of walls and fences. All walls and fences shall be maintained in good, clean and
finished condition. A fence with a finished and unfinished side shall be erected so that the unfinished
side and supporting members face inward toward the interior of the property. Furthermore, all fences
shall have the finished side facing the neighboring property or street (outward). Board on board
fence is preferred.
Sec. 34-447. -Tree Preservation and Protection Permit.
(a) Applicability. These tree preservation and protection regulations ("tree regulations") shall be a
minimum standard for the protection, removal and relocation of trees and shall be enforced by the
61 .
(b) Tree impact permit required.
(1) Tree impacts.A tree impact permit is required for the removal or relocation of any tree in the city
not specifically exempted pursuant to 34-447(5). It shall be unlawful for any person, unless
otherwise permitted by the terms of these tree regulations to remove, hatrack, effectively
destroy, remove greater than 25% of a tree's canopy within a 12-month period, impact the
critical root zone of a specimen tree, or otherwise conduct canopy or root trimming work not in
accordance with ANSI A-300 standards.
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Page 85 of 95
(2) Mitigation for Unauthorized removal. In addition to those penalties imposed in this article, trees
that have been removed without proper authorization shall be replaced on the basis of twice the
standard replacement requirements per Sec 34-448. If a tree removed is no longer on site, the
city shall utilize all readily available records and data such as the stump, historic photos, historic
records, etc. to estimate the size of the tree removed.
(4) Natural Forest Communities. All trees located within natural forest communities shall also be
subiect to the requirements of article 3 of chapter 24 of the Miami-Dade County Code, as
amended. Applicants will be referred to Miami-Dade County to obtain authorization for
vegetation removal activities within natural forest communities.
(5) Exemptions. The following activities may qualify for exemption from tree removal permit
requirements, subject to review by City staff. Applicants must submit a tree removal application
to the City to verify applicability of an exemption prior to conducting tree removal.
a. Vegetation removal and management activities authorized by permit from Miami-Dade
County within a designated Natural Forest Community are exempt from additional tree
removal permit requirements from the City. Applicants are required to submit approved
permit(s)for verification of exemption.
b. Removal of any dead tree, provided that the tree can be demonstrated to have died from
natural causes without significant harm from human activity, and provided the tree is not
located within a natural forest community.
b. Removal of prohibited and controlled species as defined in the Miami Dade County Code
and Miami Dade County Landscape Manual.
c. Removal of any tree which has been destroyed or effectively destroyed by an act of God,
or by acts outside of the control of any person, individually or otherwise, who has or had a
legal, beneficial or equitable interest in the real property upon which such tree is located,
which acts could not have been prevented by the exercise of reasonable care by that
person. Where a tree has been destroyed or effectively destroyed as described above, it is
the intent of this provision to exempt from liability for such destruction or effective
destruction the person who has or had a legal beneficial or equitable interest in the real
Property upon which such tree is located if the person could not have prevented the
destruction by the exercise of reasonable care.
d. Removing, trimming, cutting or removal of any tree located upon land which is a wetland as
defined in this chapter, provided the entity has obtained valid wetlands federal/state/local
permits , which contain specfic provisions for the trimming/removal of these trees.
Mangrove trimming and removal must be authorized under the state's Mangrove Trimming
and Preservation Act, ss. 403-9321-403.9334, F.S./Chapter 24 of the Miami Dade County
Code. The city may request copies of permits/authorizations to verify that the proposed
activities qualify for this exemption.
e. Removal of trees determined by a properly qualified ISA Certified Arborist to be classified
as High Risk, where mitigation options to remove risk are not viable.
Notes:
Removal of trees required by an approved landscape plan will require replacement in kind to
maintain compliance with the approved plan, regardless of tree mitigation requirements (or lack
thereof).
Removal of any tree specifically exempted by state or federal law from requiring a permit for
removal must be documented as compliant with the rule by an appropriately qualified ISA
Certified Arborist in a written report, with a courtesy copy provided to the city.
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Page 86 of 95
Owners of properties with trees removed under claim of any exemption without documentation
to verify the exemption will be subject to tree removal permit requirements including penalties
for unauthorized removal as applicable.
(6) Review of permits for removal in rights-of-way, government properties. The administrative
officer or designee shall review and make the determination for tree removal for trees in rights-
of-way and on city-owned properties, unless removals within rights-of-way are proposed as part
of the site development/building permit process, in which case the permittee shall be
responsible for justification for tree removal/ relocation and required mitigation. The city shall
keep a record of removals within city-owned properties and city-installed landscaping, to ensure
that mitigation requirements for these trees are met.
(c) Application. A tree removal permit application shall be made to the planning and zoning department
on a form approved by the administrative official and shall be accompanied by the required fee and
required documents for the review of the application, as listed in the city code, the application form,
and the landscape manual.
(d) Review and evaluation of permit application.
(1) The planning and zoning official shall conduct a review of each completed tree removal permit
application. This review and all actions taken by the administrative official under the provisions
of these tree regulations shall be conducted using best available practices from biology, botany,
forestry, landscape architecture and other relevant fields, and shall be conducted in a manner
that is consistent with all applicable goals, objectives and policies outlined in this chapter and in
the comprehensive development master plan.
(2) Upon receipt of a completed permit application, the administrative official or designee shall visit
the site and determine whether the site contains specimen trees or any other trees subject to
the provisions of these regulations. The official will examine:
a. Specimen tree standard. The standards to be applied in reviewing tree removal
applications involving specimen trees are as follows: Specimen trees shall be preserved.
Upon receipt of an application to remove a specimen tree, the administrative official or
designee shall consider the following factors in evaluating said application:
i. Size and configuration of the property.
ii. Size and configuration of any proposed specimen tree.
iii. Location of the tree relative to any proposed development.
iv. Whether or not the tree can be preserved under the proposed plan or any alternative
plan.
V. Health, condition and aesthetic qualities of the tree.
vi. Whether the tree poses a threat to persons or property. The administrative official or
designee may recommend from time to time the designation of certain trees located
within the city as specimen or historic trees. in addition, the matter shall be presented
to the city council for its determination. The city council shall consider the report of the
of the administrative official and shall either accept, modify or deny the
recommendation and may designate by resolution those trees it deems appropriate as
specimen or historic trees. The city council may designate by resolution protected
trees, specimen trees, and/or historic trees as defined herein. Any tree which has
been declared to be a protected tree shall not be removed unless approved by the city
council.
b. Other trees. If there are trees present on a site other than specimen trees, then the
replacement provisions of the replacement requirements for tree removal section shall
apply.
c. Combination of tree types. In the event that a site contains any combination of specimen
trees or other trees, then the provisions of the Code shall be applied in proportion to the
presence of each type of tree or community.
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Page 87 of 95
(e) Issuance. The planning and zoning administrative official or designee may approve, approve with
conditions, or deny an application and issue a permit (subject to conditions, limitations or
restrictions),for the activity proposed under the permit application.
(f) Condition for replacement requirements for issuance of tree removal permit. As a condition of the
issuance of a tree removal permit, the permittee may be required to replace trees that are authorized
to be removed under the provisions of these tree regulations. The number of trees and number of
species of trees required for replacement shall be determined according to the specifications
contained herein. The planning and zoning official may require that replacement shall be described
in_a landscape replacement plan which shall meet the minimum requirements of the Code. No tree
removal permit shall be issued until the administrative official has approved said plan.
(g) Tree protection bonds. A bond may be held by the city for one year to insure successful tree
replacement for proposed tree relocations and for specimen trees with proposed construction
impacts within the critical root zone. Such bond amount shall be assessed at twice the equivalent
value of the required replacement tree(s). Relocations or tree protection that are not wholly
successful, as determined by the city, may be resolved through replacement plantings or payment to
the Tree Fund. If neither of these options are accomplished within 90 days of notice by the city, the
city may retain the entire bond value.
All required plans or covenants are submitted and are in compliance with the standards herein.
Sec. 34-448. -Procedures for Determining Tree Replacement Requirements.
The planning and zoning official or designee shall determine the total number and type of replacement
trees required for the issuance of a tree removal permit according to the following procedural steps:
(a) Step 1: Determining existing tree canopy coverage on-site. The area of existing tree canopy
coverage of a site shall be determined by the administrative official, using one or any combination of
the following methods: Review of aerial photography; on-site inspection; and review of a tree survey.
The administrative official may require the applicant to submit a tree survey for the purpose of this
determination.
(b) Step 2: Determining impact area of proposed project. The area of existing canopy coverage which
will be affected (impact area) by the applicant's proposed development shall be determined by the
administrative official based on a site plan and completed tree removal permit application.
(c) Step 3: Determining number of replacement trees required to be planted. The total number of trees
required for replacement shall be based on the area of impact and the category of replacement tree
selected by the applicant. Trees which are not on the County's prohibited species list but which are
listed as "Category I" on the Florida Exotic Pest Plant Council's (FLEPPC) current list of invasive
species, shall have canopy replacement calculated at 50% of actual loss. Each replacement tree
shall compensate at a ratio as shown in the table below for the portion of the tree canopy lost in the
impact area. The following table shall be used as a standard for determining the required number of
replacement trees:
Table 4: Determining Number of Replacement Trees
Category of Replacement Portion of Impact Area that Each Replacement Tree Compensates for in
Tree Square Feet
Shade tree 1 500 s.f.
Shade tree 2 300 s.f.
Palm tree 1 300 s.f.
Palm tree 2 100 s.f.
Small tree 200 s.f.
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Page 88 of 95
(1)_Compensation for lost canopy. Replacement categories shall compensate for the lost canopy. In
the event that a replacement tree actually has more canopy coverage at the time of planting
than the amount of credit allowed under the tree replacement formula above, then the applicant
shall receive full credit for the canopy coverage provided by the replacement tree at the time of
planting. The applicant shall submit a list of proposed replacement trees on a form provided by
the administrative official, except when the total number of replacement trees exceeds 20, and
then the applicant shall be required to submit a landscape replacement plan consistent with the
provisions of this article. Proposed replacement lists or plans are subject to administrative
official approval. The administrative official shall approve proposed replacement trees that are
consistent with the standards of these tree regulations.
(2) Minimum species diversity standards. When more than ten trees are required to be planted in
accordance with the provisions of this division, a diversity of species shall be required. The
number of species to be planted shall be based on the overall number of trees required. The
applicant shall be required to meet the following minimum diversity standards:
Table 5: Minimum Diversity Standards
Required Number of Trees Minimum Number Species
11-20 2
21-50 4
51 or more 6
Permittees shall not be required to plant in excess of six species. The number of trees of
each species planted shall be proportional to the number of species required. A minimum
of 50 percent of all replacement trees planted shall be native to the county, and no more
than 30 percent of the replacement trees shall be palms. However, when native trees are
removed, all replacement trees shall be native species. As an alternative to the minimum
species diversity required herein, an applicant may propose alternative species diversity in
an alternative landscape enhancement plan described in these tree regulations.
(d) Step 4: Location of replacement trees. Specific placement of replacement trees on-site shall be
determined by the applicant. If the site cannot accommodate the required replacement trees
because of insufficient planting area as determined by the planning and zoning official, then the
applicant shall be required to plant replacement trees at an off-site location subject to the planning
and zoning official approval, or, as an alternative, shall provide an equitable contribution to the city
tree trust fund in the amount of $2 per square foot of lost canopy, to compensate for those
replacement trees which cannot be accommodated on-site. The city's landscape manual may adjust
this cost periodically(by way of a multiplier)to account for inflation.
(e) Step 5:Minimum standards for replacement trees.
(1) All replacement trees shall have a minimum quality of a Florida No. 1 grade or better.
(2) The city administrative official shall maintain a list of species for each category of replacement
tree. This list may be amended from time to time, as necessary. Replacement tree heights shall
be determined by overall height measured from where the tree meets the ground to the top-
most branch, palm heights are measured by gray wood/clear trunk.
(3) All category 1 replacement shade trees shall be a minimum of 16 feet in height and 3 inches
DBH at the time of planting and at maturity should have a minimum canopy coverage of 900
square feet under normal growing conditions.
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Page 89 of 95
(4) All category 2 replacement shade trees shall be a minimum of 12 feet in height and 2 inches
DBH at the time of planting and at maturity should have a minimum canopy coverage of 300
square feet under normal growing conditions.
(5) All category 1 replacement palm trees shall have a minimum height of ten feet at the time of
planting and at maturity should have canopy coverage of 300 square feet under normal growing
conditions.
(6) All category 2 replacement palm trees shall have a minimum height of three feet at the time of
planting and at maturity should have canopy coverage of 100 square feet under normal growing
conditions.
(7) All replacement small trees shall have a minimum height of six feet and 1 inch DBH at the time
of planting and at maturity should have canopy coverage of 200 square feet under normal
growing conditions.
(f) Replacement of specimen trees.
(1) Alternate plans. If, upon review of the factors enumerated above, the city official determines that
a specimen tree cannot reasonably be preserved under the proposed plan, then the applicant
shall provide an alternate plan when feasible, which shall include preservation of the specimen
tree and design alterations consistent with the scope and intent of the initially-proposed plan.
Alterations consistent with the scope and intent of the initially proposed plan may include, but
shall not be limited to:
a. An adjustment of building orientation on a site.
b. An adjustment of lot lines within a site proposal where said adjustment will not cause an
unreasonable loss of usable space. An applicant shall have the burden of proof in the
determination of what constitutes an unreasonable loss of usable space.
(2) Specimen tree relocation. If preservation of the specimen tree and any alternate design
consistent with the scope and intent of the initial plan are mutually exclusive, then the
administrative official may issue a permit to relocate the specimen tree. If the tree removal
permit requires relocation, then the applicant shall be required to relocate the tree in
accordance with the standards set forth herein. The city may require detailed specifications for
relocation including root pruning, tree lifting/ moving, maintenance and care, and review/
acceptance of the contractor proposed to conduct the relocation.
(3) Removal of specimen tree. If relocation of the specimen tree is not feasible due to the size,
health, location, species or any other factor, then a permit may be issued for removal, and tree
replacement shall be required.
(4) Replacement requirements for specimen trees. As a condition of the issuance of a tree removal
permit for the removal of a specimen tree, tree replacement requirements shall be as follows:
Specimen trees shall be replaced at twice the canopy replacement requirement listed in 34-448.
In addition to the canopy replacement requirement, an equitable contribution will be required.
The equitable contribution will be paid to the city's Tree Trust Fund on a per-tree basis for the
loss of the functions and values of the tree, at a standard rate of $200 per diameter inch
removed. The city's landscape manual may adjust these costs periodically (by way of a
multiplier)to account for inflation.
(5) Exemptions. An applicant may be exempt from the alternative plans and replacement
requirements above, but subject to the tree replacement requirements above, under the
following circumstances:
a. Upon submittal of a statement from a certified arborist which indicates that a specimen
tree, due to disease, condition, growth habit, listing as Category I Invasive by the FLEPPC,
or any other reasonable botanical factor, does not provide the aesthetic or environmental
contribution associated with a specimen tree, or site-specific factor outside of the control of
the current and previous property owners or current applicant which makes the tree non-
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Page 90 of 95
viable. Said statement shall include the specific reasons for the claimed exemption from
the provisions of these regulations.
Sec. 34-449. -Tree Protection Standards.
(a) Protection requirements during construction. During site development, protection requirements for
trees designated for preservation under an approved tree removal permit shall include, but not be
limited to, the following:
(1) Protective barriers shall be placed around the critical root zone of each tree, cluster of trees, or
the edge of the preservation area. The critical root zone shall be calculated at 8 inches in radius
per inch in DBH, with a minimum radius of six feet unless a lesser distance is specified by the
administrative official. Protective barriers shall be a minimum of four feet above ground level
and shall be constructed of wood, plastic or metal, and shall remain in place until development
is completed and the administrative official has authorized their removal. Protective barriers
shall be in place prior to the start of any construction, and shall include signage in English and
Spanish indicating that disturbance within the protected areas is prohibited
(2) Understory plants within protective barriers shall be protected.
(3) No excess oil, fill, equipment, building materials or building debris shall be placed within the
areas surrounded by protective barriers, nor shall there be disposal of any waste material such
as paints, oils, solvents, asphalt, concrete, mortar or any other material harmful to trees or
understory plants within the areas surrounded by protective barriers, or any ground surfaces or
existing drainage facilities on the site.
(4) Trees shall be braced in such a fashion as to not scar, penetrate, perforate or otherwise inflict
damage to the tree.
(5) Natural grade shall be maintained within protective barriers. In the event that the natural grade
of the site is changed as a result of approved site development activities such that the safety of
the tree may be endangered, tree wells or retaining walls may be required by the city.
(6) Underground utility lines shall be placed outside the areas surrounded by protective barriers. If
said placement is not possible, disturbance shall be minimized by using techniques such as
tunneling or overhead utility lines.
(7) Fences, walls, and any other construction activity approved by the city to occur within the limits
of the CRZ/tree protection area shall be constructed to minimize disturbance to any protected
tree to the maximum extent practicable. Postholes and trenches located close to trees shall be
dug by hand and adiusted as necessary, using techniques such as discontinuous footings, to
avoid damage to major roots. All other work within this area shall be conducted by hand/with
hand-held tools, and all paving must be placed above-grade.
(8) A tree protection plan, as defined in this chapter.
(b) Tree relocation standards. The relocation of any tree subject to the provisions of these regulations
shall be consistent with the minimum standards of the American National Standards Institute (ANSI)
and the tree relocation standards promulgated by this chapter and contained within the city's
landscape manual.
Sec. 34-450.—City of Miami Gardens Tree Trust Fund.
(a) Establishment of trust. There is hereby created the Miami Gardens Tree Trust Fund for the purpose
of accepting and disbursing the tree mitigation fees paid to the city as part of tree permits. The Tree
Trust Fund shall be established and maintained separately from the general revenue and other
accounts of the city.
Use of funds. Funds disbursed from the Tree Trust Fund shall exclusively be used for tree planting and
relocation on public property within the city. Trees purchased may also be given to the general public to
enhance the tree canopy of the city. Funds from the Tree Trust Fund, in an amount totaling no more than
ten percent of Fund disbursements in a given year, may be used for supporting activities related to tree
replacement and canopy restoration including tree inventories and analysis, landscape design services,
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landscape inspections of new plantings, irrigation, and staff training for landscape inspections. Allowable
expenditures pursuant to this chapter shall be made by the Director of Planning &Zoning or his/her
designee. (Ord. No. 2010-10-218, � 2(14-120),4-7-2010)
Sec. 34-451. -Maintenance Requirements.
(a) Responsibility. All owners of land or their agents shall be responsible for the maintenance of all
landscaping. This includes mowing and maintaining abutting rights-of-way, swales, lakes and canal
banks.
(b) Intent. Landscaping shall be maintained in a good condition so as to present a healthy, neat and
orderly appearance at least equal to the original installation and shall be mowed or trimmed in a
manner and at a frequency so as not to detract from the appearance of the general area, which shall
include but not be limited to, hat racking, defacing, or painting of trees, and the proper trimming and
pruning techniques as outlined in the city's landscape manual.
(c) Safety. Landscaping shall be maintained to minimize property damage and public safety hazards,
including removal of living, dead or decaying plant material, removal of low hanging branches and
those obstructing street lighting and maintenance of sight distance standards as set forth herein.
(d) Natural habitats. Dead or declining plant material considered to be part of a natural habitat feature
located on public property are exempt from these landscaped maintenance provisions except where
maintenance is necessary to avoid damage to public property or to mitigate safety hazards.
(e) Standards. Landscaping shall be maintained in accordance with the following standards. The city
may require a landscape maintenance plan as a condition for approval of a landscape plan or tree
removal permit, or in response to a finding of noncompliance/ nonconformance of existing
landscaping. The contents of the landscape maintenance plan shall follow the requirements stated in
the city landscape manual, including the following_
(1) Insects, disease, etc. Landscaping shall be kept shall be kept free of visible signs of insects and
disease and appropriately irrigated and fertilized to enable landscaping to be in a healthy
condition.
(2) Mulch. Three inches of clean, weed-free, approved organic mulch shall be maintained over all
areas_originally mulched at all times until landscaped area matures to 100 percent coverage.
The use of heat-treated mulch obtained from Melaleuca. Eucalyptus, or other invasive plant
species is encouraged in order to reduce their impact on the environment and to preserve the
remaining native plant communities. For this reason, the use of Cypress mulch is strongly
discouraged.
(3) Turf edge trimming. All roadways, curbs and sidewalks shall be edged to prevent encroachment
from the adjacent turfed areas. Line trimmers shall not be used to trim turf abutting trees or
other plant material.
(4) Irrigation systems:
a. Irrigation systems shall be maintained to eliminate water loss due to damaged, missing or
improperly operating sprinkler heads, emitters, pipes.
b. Irrigation systems shall be designed, installed and maintained to minimize application of
water to impervious areas and/or so as not to create a vehicular use hazard on rights-of-
way, ingress/egress easements or other vehicular use areas.
C. Low-volume, drip, trickle and emitter irrigation is encouraged to promote good Florida
Friendly principles where applicable.
d. A functioning rain sensor/shutoff device shall be required on all irrigation systems installed
after 1991 as mandated by F.S. � 373.662.
e. In order to reduce the amount of water lost to evaporation, irrigation systems shall be
operated between the hours of 5:00 p.m. and 8:00 a.m. only, or as amended by state,
county, city and/or South Florida Water Management District regulations. It is furthermore
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Page 92 of 95
strongly recommended that irrigation systems operate primarily in the early morning hours
after 4:00 a.m. to reduce the likelihood of any horticultural plant diseases developing.
Operation of the irrigation system for maintenance, repair, sod installation for new
construction and landscape maintenance activities (such as required application of water to
apply fertilizer, herbicides and pesticides) is not limited to these hours.
f. The duration that zones are operated should be adjusted to reflect the size of the zone as
well as the needs of the plant material in the zone. Unnecessary and excessive watering
can promote root rot and other plant diseases.
g. Under drought conditions, compliance with the watering restrictions of the South Florida
Water Management District is required.
(5) Pruning. Any necessary tree pruning must conform at a minimum to ANSI A-300 standards and
as set forth in the city's landscape manual.
Secs. 34-452-34-470. - Reserved.
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Page 93 of 95
DIVISION 8.-Business Transitional Overlay District(BTO)
Sees. 34 615 34-627. Rese;Ted.
Sec. 34-615. Purpose and intent
The Business Transitional Overlay (BTO) is intended to encourage redevelopment of underutilized
properties and consolidation of developable parcels, thereby achieving more efficient land use and
improved site design, while providing a smooth transition between residential and commercial
properties.
Sec. 34-616. District conditions
1. Permitted uses,Accessory Uses. The BTO district is intended to accommodate small scale low-
intensity office, personal care and professional service uses pursuant to Article IX and X of this
chapter except for the following uses:
a. Restaurant, Food And Beverage Service Type Uses shall be limited to cafes and sandwich
shops
2. Development Standards for Non-residential uses. Non-residential uses shall comply with the
following minimum lot standard requirements:
a. Minimum lot area: 10,000 square feet
b. Minimum lot frontage: 100 feet
c. Minimum front setback: 10 feet
d. Minimum rear setback: 25 feet
e. Minimum side street: 15 feet
f. Interior side abutting residential: 25 feet
g. Interior side from non-residential: 10 feet
Secs. 34-617-34-627.-Reserved.
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EXHIBIT B–PROPOSED AMENDMENTS(THIRD READING)
PROPOSED AMENDMENT 1
DIVISION 8.-Business Transitional Overlay District(BTO)
Sec. 34-615. Purpose and intent
The Business Transitional Overlay (BTO) is intended to encourage redevelopment of underutilized
properties and consolidation of developable parcels, thereby achieving more efficient land use and
improved site design, while providing a smooth transition between residential and commercial
properties.
Sec. 34-616. District conditions
1. Permitted uses,Accessory Uses. The BTO district is intended to accommodate small scale, low-
intensity office, personal care and professional service uses pursuant to Article IX and X of this
chapter except for the following uses:
a. Restaurant, Food And Beverage Service Type Uses shall be limited to cafes and sandwich
shops
2. Uses permitted with extra requirements.
a. In addition to the standards set forth in Section 34-288, Banquet Hall facilities within the
BTO district shall be subject to an additional administrative review whereby the
administrative official or designee may impose conditions, which may include, but not
limited to, limiting the period of approval for such uses, imposing hours of operations,
operation standards to minimize impacts on surrounding properties, and other
conditions deemed necessary to minimize detrimental impacts to the welfare of the
community.
3. Development Standards for Non-residential uses. Non-residential uses shall comply with the
following minimum lot standard requirements:
a. Minimum lot area: 10,000 square feet
b. Minimum lot frontage: 100 feet
c. Minimum front setback: 10 feet
d. Minimum rear setback: 25 feet
e. Minimum side street: 15 feet
f. Interior side abutting residential: 25 feet
g. Interior side from non-residential: 10 feet
Secs.34-617-34-627.-Reserved.
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