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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. Page 2 of 95 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 Page 3 of 95 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. Page 4 of 95 (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. Page 5 of 95 (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. Page 6 of 95 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. Page 7 of 95 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. Page 9 of 95 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. Page 10 of 95 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. Page 11 of 95 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. Page 12 of 95 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. Page 13 of 95 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; Words underlined are added.Words stricken through are deleted. Page 69 of 95 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. Words underlined are added. Words stricken through are deleted. Page 70 of 95 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. Words underlined are added. Words stricken through are deleted. 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. Words underlined are added. Words stricken through are deleted. Page 72 of 95 (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 Shade trees Min. Min. 28 per 28 per 28 per 28 per 2222 mer 2 8 pe 20 —� per see 3 3per net net net net net net net net N/ net Section 34- e_er I A 445 lot i lot I acre i acre acre acre acre acre acre acre acre Shade —� trees—off street 1 per 1 per parking ree req rem req req req req N/ req- areas N/A N/A landsc landsc landsc landsc landsc landsc landsc N/A A landsc see ape ape ape ape a ape ape — Section 34- island island island island island island island island 445) 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 445 front I 9e i e e e e e e e ge e 10 Shrubs/Hed 10 per ging req. req. 10 per 10 per 10 per 10 per 10 per 10 per 10 per 10 per N/ 10 per see — tree req. req. r� reqreqreqreqreq shaSection 34- de er tree tree tree tree tree tree tree tree A shade 445 de fe tree tree shad Words underlined are added. Words stricken through are deleted. Page 73 of 95 '01 N O � \ j Com ` I � O O � o O O � ofM O O0 CU � _ m� �I I `n (nl Z �I I I N I I�I c �I pl E '� �jl cI I c �'I `� c -I EI zl Q1 zl QI zl a1 zl Q1 zl Q1 zl Q1 zl a1 ZI<1 - zl �I NI zl zl cj of r`I �� �I MI �� � �I MI - of �� �� 2I Q Q in in i1')I I Z a � SII o I ZI � Q Q in in in P� t zl • 41 roil ZI ZI �I of �I ofLn I `" o m L o o o o o o � co � N � ZI g � N of �l` �n �i of N cu � � I � � NI �� �C�i � moocjw u a roil z) Zro -- -- -- — - -- — - _ — - v c CN N �� �� �� C 7 �I ��MI zl zl zl zl zl R` �I Q ° ° .r-1 M1 j] QI ¢ gl QI Q z N - z z z z z C 'O co N U M U C U M d > M O � M O M O (p fC C O N C V O C fa 0 O C U I C O o c co I N O C U I co N C U O C f�0 C CIC C "D (D 'fl O U C y U d N 0 0 U C U C O U C O U C (� I f0 N U N M M m O N -0 y d M .0 � N cU J 0 0 I 0 0 (n -i U) J (n J (n -i � see Section 34- 445) j Landscape 1 per 1 per 1 per 1 per 1 per 1 per je:r7 islands— ' � � eve � � �off-street eery every 0 e every eve every ry 1 per 10 req. 10 req• 10 req. 10 req. 10 req. 10 req. every areas N/A N/A Parkin Parkin Parkin parkin ap rkin Parkin Parkin N/A A 10 req. see g S fl S 1 9 fl parking space space space space ! space space spaces Section 34- s s space s s s s 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: Words underlined are added. Words stricken through are deleted. 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. Words underlined are added. Words stricken through are deleted. 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. Words underlined are added. Words stricken through are deleted. 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. Words underlined are added. Words stricken through are deleted. 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 Words underlined are added.Words stricken through are deleted. 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 Words underlined are added.Words stricken through are deleted. 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 Words underlined are added. Words stricken through are deleted. 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, Words underlined are added. Words stricken through are deleted. 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 Words underlined are added. Words stricken through are deleted. 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. Words underlined are added.Words stricken through are deleted. 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. Words underlined are added.Words stricken through are deleted. 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. Words underlined are added.Words stricken through are deleted. 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. Words underlined are added. Words stricken through are deleted. 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. Words underlined are added.Words stricken through are deleted. 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- Words underlined are added. Words stricken through are deleted. 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, Words underlined are added. Words stricken through are deleted. Page 91 of 95 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 Words underlined are added. Words stricken through are deleted. 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. Words underlined are added.Words stricken through are deleted. 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. Page 94 of 95 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. Page 95 of 95