HomeMy WebLinkAboutO-1981-259 , [777
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ORDINANCE NO. 259
AN ORDINANCE OF THE CITY OF DANIA, FLORIDA,
j AMENDING CHAPTER 26 OF THE CODE OF ORDINANCES
BY ADDING ARTICLE III THERETO TO BE ENTITLED
J "LANDSCAPING" AND CONSISTING OF SECTIONS
26-31 THROUGH 26-40; PROVIDING FOR LEGISLATIVE
INTENT, DEFINITIONS, SITE PLAN REVIEW, EXCEP-
TIONS, VEHICULAR USE AREAS, PLANS, TREE PLANT-
ING, INSTALLATION, IRRIGATION AND MAINTENANCE;
j PROVIDING FOR SEVERABILITY; PROVIDING FOR CODI-
FICATION; AND PROVIDING THAT ALL ORDINANCES OR
PARTS OF ORDINANCES AND ALL RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE
j REPEALED TO THE EXTENT OF SUCH CONFLICT; AND
a PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA,
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FLORIDA:
j Section 1. That the Code of Ordinances of the City of Dania
iis hereby amended by adding Article III to Chapter 26 to be num-
bered 26-31 through 26-40 and to read as follows :
LANDSCAPING
j "Sec. 26-31. Declaration of Legislative Intent
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jThe intent of these regulations is to protect, preserve and
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enhance the natural environment and beauty of the City by
providing for landscaped green spaces, trees, and other plants
1 and arranging them in a pleasing manner in relation to paved
areas and structures.
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The planting of native material is most highly desirable and
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preferred, the use of indigenous plants and trees is encouraged.
These objectives are defined in general terms and their reali-
zation can only be attained by proper design and location of
trees, shrubs, plants and grass subject to approval by the
Building Official or his designee.
Sec. 26-32 . Definitions
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For the purpose of this section, the following terms and words
shall have the meaning herewith prescribed unless the context
clearly requires otherwise:
1. Building Area - The portion of a site not including the
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required setback areas which is proposed to be covered by
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structures.
2 . Caliper - Diameter of a tree trunk measured 4' feet above
the ground.
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j 3. Dicotyledonous Tree - In general, a tree having woody branches
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and leaves and having a separate, distinct outer bark which can be
peeled from the tree.
4 . Dripline - The natural outside end of the branches of a tree
or shrub projected vertically to the ground.
5. Ground Cover - A planting of low growing g plants that covers
the ground in place of turf which naturally grows to a height of
2'h feet or less .
6. Hedge - a close planting of shrubs which forms a compact,
dense, visually opaque, living barrier when mature.
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7. Irrigation - To supply with water by artificial means.
8. Landscaping - Living plant and natural material purposely
maintained for functional and/or aesthetic reasons.
9. Lawn - An area of maintained turf.
10 , Monocotyledonous Tree - In general, a tree having fronds
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and indistinct, tightly held, outer layer of bark.
11. Mulch - An organic soil additive or topping such as compost,
wood chips, wood shavings, seasoned sawdust, bark, leaves or straw,
used to reduce evaporation, prevent erosion, control weeds, enrich
the soil, and lower soil temperature.
12. Owner/Builder - Owner of the subject property to whom a
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building permit has been issued under Chapter 468 of the Florida
Statutes.
13. Pervious Area - As applied herein shall mean that surface
area contained within the dripline (or expected dripline) of a
tree which allows passage of surface water to the roots. Such
area shall be free from lime stone but may be paved or otherwise
covered by brick, grass pavers, interlocking paving stone or other
traffic supporting material.
14 . Protected Tree - A tree of species which due to its size,
shape, character, age,
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value is a locally unique example of the species and practically
irreplaceable as declared by the City Commission.
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15. Prune - To cut away, remove, cut off or cut back parts of
the tree or plant which will alter the natural shape without
destroying the tree or plant.
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16. Right-of-way - Public lands set aside for public traverse.
r 17. Shade Tree - A dicotyledonous tree which by virtue of its
I natural shape provides at maturity, a minimum shade canopy thirty
feet in diameter. (An approved shade tree species list approved
by the City Forester shall be maintained at all times in the
Building and Zoning Department by the Building Official or his
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designee. )
18. Shrub - A multi-stemmed plant with a spread and height
characteristic to the species with a minimum height of 2 feet to
2h feet when planted.
19. Single Family Residence - A building and its surrounding
lot occupied or intended to be occupied by one family.
20. Tree - A woody perennial plant having a single or multiple
elongated main stem and with a trunk diameter and height charac-
teristic of the particular species.
21. Tree Abuse - Any action or inaction to any part of a tree
j which will cause a tree to die or become so undesirable as to
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warrant the total removal of the tree. Such abuse may include
but not be limited to damage inflicted upon the roots by heavy
machinery, changing the natural grade above the root system or
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around the trunk, damage inflicted on the tree permitting infec-
tion or pest infestation, improper pruning so as to destroy the
natural shape or which causes infection, infestation or decay.
22 . Tree Removal - To change the location of a tree, or the
willful destruction of a tree, or abuse which will cause a tree
to die.
23. Trim - To reduce, shorten or diminish gradually a plant or
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parts of a plant without altering the existing shape.
24 . Turf - Upper layer of soil bound by grassy plant roots.
25. Value of a Tree - Monetary worth of a tree as determined by
referencing its size and species to the current table of tree
i evaluation as compiled by the state/city forester.
26. Vehicular Use Area - Any area used by vehicles except public
thoroughfares, to include but not be limited to areas for parking,
idisplay or traverse of any and all types of vehicles , cars, motor-
j cycles, bicycles, buses, boats, trailers , campers, airplanes, or
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heavy construction equipment. Also included are areas paved for
other purposes such as outdoor storage which in the opinion of the
Director of Building and Zoning are similar in nature to areas
paved for vehicular use. (Service areas shall be considered on
an individual basis. )
27. Vine - A plant whose natural growth characteristic produces
climbing, meandering stems.
Sec. 26-33. Site Plan Review
(a) Due to the close interrelation of sidewalks, drainage, traffic,
landscaping, zoning and site planning, a staff member of the
Building and Zoning Department shall review each site plan in
order to provide:
1. A coordinated overview of each project.
1 2. A method of obtaining preliminary site plan approval.
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° 3. A method of recourse in the event of extenuating circum-
stances .
(b) All applications for preliminary site plan approval or for
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permit construction of major development for any vehicular use
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area shall first be reviewed by the Planning and Zoning Board.
1. Application for preliminary site plan approval shall be
accompanied by a survey and land use plan depicting site
utilization, i .e. building area showing outside dimensions and
setbacks, vehicular use area, landscape character, access to
abutting rights-of-way, traffic flow, drainage considerations
and any significant site criteria, or
2. Application for permit shall be accompanied by a site plan,
survey, irrigation plan, landscaping plan, drainage plan, in-
ventory of existing trees, and any other documentation neces-
sary to present a complete and accurate representation of the
site and prevailing conditions.
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(c) Each member of the Planning and Zoning Board shall review each
application for compliance with the City 's Code of Ordinances. In
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the event that strict application of the ordinances is impractical,
problems unique to the site exist, or any difficulty arises, the
staff shall meet collectively and with the owner and/or his repre-
sentatives to attempt to resolve the difficulty with the intent of
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the Code of Ordinances in mind;
provided, however, that if a
variance or special exception is sought, such variance or special
exception may only be granted by the City Commission, Upon
approval, each site plan member shall affix his name or initials
upon the application,
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Sec. 26-34. Exceptions
(a) All single family residences shall be exempt from all require-
ments of this ordinance,
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(b) In cases where strict application of these ordinances cannot
be met due to extenuating circumstances, the site plan review staff
will collectively meet with the owner and/or his representative and
attempt a solution with the intent of the Code of Ordinances in
mind. In the event that a variance or special exception is sought
by a property owner, such variance or special exception shall be
granted by the City Commission, if at all, only after receipt of
the recommendation of the Planning and Zoning Board.
Sec. 26-35. Vehicular Use Areas
(a) In order to improve the appearance of vehicular use areas and
to protect and preserve the appearance, character and value of the
surrounding neighborhoods, and thereby promote the general welfare
by Providing for installation and maintenance of landscaping
screening and aesthetic qualities, the following standards are
established; _
j This section is applicable to all vehicular use areas, save and
except underground or building enclosed vehicular use areas, and
the intent of this section is to provide minimum standards.
(b) All applications for a permit for construction of a major
development for any vehicular use area shall be reviewed by the
Planning and Zoning Board and a landscape plan must be approved,
(c) Vehicular use areas shall be constructed in accordance with
the following requirements:
1. Either:
a, Twenty percent (20%) of the gross vehicular use
area shall be landscaped; landscaped areas to be dis-
tributed throughout the vehicular use area, or
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b. For vehicular use areas containing 75 cars or more :
i. All bumper overhang, turning radii and other
unused area shall be landscaped, or the equivalent
distributed throughout the interior of the lot.
ii. Consecutive parking spaces shall incorporate
landscape islands approximately every 12 spaces and
terminating the ends of parking rows. Landscaped
islands shall be a minimum of 5 feet in width and
shall extend 3/4 of the depth of the parking space.
All landscaping shall be adequately protected from
vehicular damage.
2. Either:
a. one tree and six shrubs shall be required for every
1, 000 square feet of vehicular use area. At least 50%
of the required trees shall be of an approved shade species
and shall be evenly distributed throughout the vehicular
use area.
Exception: Where a business uses or plans to use a portion
of the vehicular use area as a display area, 25% of the
vehicular use area may be considered as display areas in
which shade trees will not be required, or,
b. Trees shall be planted in the vehicular use areas to
provide 40% canopy coverage as per tables compiled by the
state/city forester.
3. Vehicular use areas shall be designed around existing trees
where possible and a suitable pervious area shall be left around
each tree. Such trees shall be protected during construction.
4 . All vehicular use areas shall be separated from all rights-
of-way, waterways and abutting properties by walls or hedges or
wide landscape strips or durable barriers or mounds or landscape
barriers, or a combination thereof, to visually separate the area
in a manner so as to present to the public a pleasing effect.
a. Vehicular use areas adjacent to residential zoning shall
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provide a visually opaque landscape barrier with a minimum
height at maturity of five (5) feet.
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b. Any fence or wall placed around a vehicular use area
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shall be constructed in such a way as to present an
aesthetically pleasing effect and shall incorporate land-
scaping to augment the appearance of the barrier.
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f c. A hedge placed along the property line abutting resi-
dential property shall be a minimum of 36 inches high by
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2 feet spread when planted and planted a maximum of 30
inches on center and be of such material as to obtain
opacity and a height of 5 feet within three years after
planting. Hedge to be maintained at a minimum height of
five feet throughout and shall be kept in a neat and
orderly condition.
d. Where an agreement to operate abutting properties as
essentially one contiguous parking facility is in force,
the barrier requirements between the two properties shall
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be waived until the agreement is terminated. However,
other perimeter, interior and right-of-way requirements
remain the same.
5. A sight triangle shall be maintained free of foliage
.. allowing visibility between an elevation 2' feet to 5 feet
within.
a. Ten feet of areas of high pedestrian concentration.
b. Ten feet of any vehicular access to the street right-
of-way.
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c. Fifteen feet from the intersection point of an alley
and a street.
d. Thirty feet from the intersection point of two inter-
section streets.
6 . It shall be unlawful to initially occupy or use or cause to
be occupied or used any vehicular use area unless the required
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j landscaping has been installed and approval has been obtained
for the use of such vehicular use area. Approval for use of
vehicular use areas shall be by certificate of occupancy for
such areas, such certificate to be issued by the Building J
j official or his designee. The use of a vehicular use area prior
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i to issuance of a certificate of occupancy as herein provided
for shall be cause for the Building Official to require
immediate evacuation and cessation of use and shall result in
the vehicular use area being barricaded as provided herein.
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Upon receiving notice that the vehicular use area is being
used without first having obtained a certificate of occupancy,
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the Building Official shall immediately notify the owner or
{ occupier of the land, in writing, said notice to require
1 immediate cessation of the use, and if this notice is not
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complied with by the owner or occupier of the land, the
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vehicular use area shall be barricaded not later than 24 hours
after receipt of such notice, and such area shall remain
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unoccupied and barricaded until the required landscaping is
installed and a certificate of occupancy issued. The pro-
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j visions herein which authorize barricading of vehicular use
areas shall only apply to those vehicular use areas construc-
ted after the effective date of this section.
7. Parts or all the requirements of this section may be waived
by the Building Official or his designated representative if
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the vehicular use area is of such nature that more than 50% of
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,... its loading only occurs periodically over a span of several
days (such as churches, theaters, recreational facilities, etc. )
and the lot is maintained in grass, lawn or a combination of
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grass and grass pavers, or other approved methods which presents
a landscaped or lawn effect.
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8. One parking space credit may be given for each 300 square
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feet of required landscaping up to a maximum of 10% of the
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required parking.
9. The City Commission may approve temporary parking lots which
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do not comply with the provisions of Section 5 for specified
ilength of time not to exceed two years when the City Commission
finds that such approval would not violate the spirit and intent
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of the minimum landscaping requirements of vehicular use areas
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based on the recommendation of the Planning and Zoning Board.
d) Non-conforming vehicular use areas:
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1. Existing vehicular use areas which do not comply with this
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section shall comply with a minimum of 50% of all requirements
without reducing the number of existing parking spaces when
one of the following conditions occur; providing, however, in
the event an existing vehicular use area is unable to comply
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with 50$ of all requirements of Section 5 without reducing the
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number of parking spaces, such vehicular use areas shall comply
{ to the maximum extent possible without loss of parking spaces:
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a. Lot enlargement or paving resulting in 25% or more
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additional parking.
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b. Structural addition or more than 25% of the total
ground floor area of any existing buildings on the
property.
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c. Any change of use of a single-use-lot involving a
change of occupancy group as per the South Florida
Building Code. The requirements herein shall be met
before an occupational license may be issued (i.e. ,
j warehouses converted to retail use) .
2 . a. All existing vehicular use areas shall comply with
a minimum of 50% of all requirements of Section 5 within
five years of adoption of this section and shall install
' a minimum of 20% of that 50% requirement per year from
date of adoption until date of required full compliance;
j provided, however, that if an existing vehicular use area
is unable to comply with 50% of all requirements of Section
5 without reducing the number of parking spaces, such
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vehicular use area shall comply to the maximum extent
possible without loss of parking spaces.
j b. The Building Official or his designated representative
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may inspect each lot and provide written notification to
the owner, tenant or agent, if any, of the terms and pro-
visions of this section. The owner, tenant or agent, if
any, shall submit to a landscape program within 120 days
from receipt of notification.
I Sec. 26-36. Plans
(a) Plans submitted to the Building and Zoning Department for �J
approval shall include a survey, site plan, irrigation plan,
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drainage plan, tree survey, and landscape plan.
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(b) Said plans shall contain, but not be limited to, the following
Irequirements:
1. Surveys. The survey shall be true and accurate and drawn
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to scale and shall be current and shall be prepared by and
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bear the seal of a Florida registered land surveyor. The
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survey shall show property boundaries and dimensions , all
existing structures and improvements, utilities, general lot
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elevation and the location by dimension, size and common name
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of all existing trees. Trees which must be removed during
construction due to misrepresentation of location shall be
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replaced at full value as provided in Article II of Chapter
26 of the Code of Ordinances of the City of Dania.
2. Site Plan.
Plan.
a. The site plan shall be prepared by and bear the seal
of a Florida registered architect, engineer, landscape
architect or land surveyor. The site plan shall be drawn
to scale and show all property boundaries, and dimensions,
all proposed structures and improvements , including pools,
walks, walls, patios , parking spaces and all other vehicu-
lar use areas , access aisles and driveways , lot orienta-
tion and all landscape areas and shall include all compu-
tations of land use areas, gross area, green area and
vehicular use areas.
b. Site plans shall also show the zoning and describe the
use of the adjacent surrounding property, any significant
characteristic, existing traffic flow and parking, curb
cuts, median strips and any other factor affecting the
proposed use of the property.
C. Site plans shall also show proposed existing eleva-
tions, retaining walls, drainage, utility services, pad
mounted transformer locations, fire hydrants, siamese
connections, overhead obstructions, sign locations, loca-
tion of existing trees and their botanical and common
names if not accompanied by separate landscaping plans.
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d. When necessary to determine the impact of an area by
a development, a full development plan may be required
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by the Building official.
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3. Landscape Plan.
a. The landscape plan shall be drawn to scale and bear
the name, signature and address of the designer. Full
I responsibility for the design shall fall upon the
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designer. The designer or his agent shall visit the
site and shall indicate any and all conditions which
will or may affect the landscape material, to include
but not limited to salt exposure, prevailing winds,
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overhangs, overhead obstructions, utility services,
deep shadow location or unusual soil conditions.
b. The landscape plan shall also show location and
Ya dimensions of all existing and proposed structures and
improvements, the location, size, description and speci-
fications of all landscape materials, to include botan-
ical and common names, size, specifications, planting
instructions, whether ball and burlap or container
material, existing trees and material, spacing, grade,
soil, description of any adjacent conditions which affect
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the landscaping,P � g, grade of planting, mulch specifications,
elevations of curbs and protective structures.
C. The landscape plan shall reflect the mature size of
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the material and shall contain a legend, orientation and
an accompanying maintenance guide which shall be supplied
to the owners .
d. All landscaping shall be installed according to the
i plans and specifications as submitted and approved by the
Building Official before a certificate of occupancy will
be issued.
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f Section 26-37. Tree Planting
(a) All properties which are developed or redeveloped having a I
building or structure erected or substantially altered thereon 1
or land used in a manner requiring a permit from the Building and
Zoning Department shall be required to plant at least one tree
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for each 2, 000 square feet or portion thereof.
(b) The above requirement is to be based on gross lot area less
vehicular use and building areas, and shall be in addition to those
requirements of the vehicular use areas as set forth in Section 5.
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(c) Credit will be given for existing trees and where an existing
I tree is of a large and desirable quality in the opinion of the
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Building Official or his designee, credit may be given for up to j
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three years per desired tree toward meeting the requirements of
I this section.
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Section 26-38. Installation
(a) All landscape material shall be graded Florida No. 1 or
better and installed in accordance with good landscaping practices .
(b) Trees shall be a minimum of eight feet high when planted and
a minimum caliper of two inches. Trees when braced shall be
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braced in such a fashion as to not girdle, scar, perforate or
otherwise inflict damage to the tree.
(c) All planting holes shall be excavated to a minimum of one
and one-half times the diameter of the ball of the plant to be
' installed. Holes shall be back-filled with a suitable soil .
(d) All landscape areas shall be covered with ground cover, turf,
*�` ? mulch or other suitable material which permits percolation.
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(e) All plant beds shall be excavated to a minimum depth of 12
j inches and back-filled with a suitable soil. Planting beds shall
be free of rock, building material and debris and mulched with an
appropriate organic material to a minimum depth of three inches.
(f) All undeveloped portions of the lot shall be left undis-
turbed or planted with a ground cover or turf as to leave no
exposed soil in order to prevent dust or soil erosion.
? Section 26-39. Irrigation
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! In consideration of the preservation of water resources, the use
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I of native plant material in landscape designing is highly encour-
aged as their water requirements are adjusted to local weather
# cycles.
(a) Sufficient irrigation, as determined by the designer and/or
the requirements of the plant material selected, shall be supplied
to all landscaped areas. Irrigation plans shall be submitted to
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the Building and Zoning Department for review and approval and
shall be drawn to scale and clearly delineate the location,
size and type of all sprinkler heads, if used, zoners, backflow
devices and pipe. Plans shall be designed by and bear the seal
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a of Florida registered landscape architect, engineer, licensed
sprinkler contractor or owner/builder.
(b) Irrigation systems shall be installed so as to minimize
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spray upon any public access, sidewalk, street or abutting
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� (c) In the event changes from Property.
g the submitted plan are made during
tconstruction, an as-built plan shall be submitted to the Building
and Zoning Department before a certificate of occupancy will be
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issued.
r Section 26-40.
Maintenance
(a) The owner, tenant and their agent, if any, shall be jointly
and severally responsible for the maintenance and protection of
all landscaping existing or hereafter installed which shall be
maintained in a healthy growing condition and shall be kept free
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from refuse and debris. Maintenance shall include watering,
weeding, mowing, fertilization, treating, mulching, pruning,
6 removal/replacement of the dead or diseased trees and removal of
refuse and debris on a regular basis so as to present a neat and
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well kept appearance at all times.
(b) Landscaping shall be inspected periodically by the Building
and Zoning Department to insure proper maintenance. The owner,
1 tenant or their agent shall be notified by the City of Dania
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Building and Zoning Department, in writing, of any areas which
are not being properly maintained and shall within thirty (30)
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calendar days from the time of notification, restore the land-
scape to a healthy condition.
(c) It shall be unlawful for an owner, tenant or their agent to
fail to comply with the terms of the written notice within thirty
calendar days after notice has been
� given under paragraph (b)
above.
(d) In the event that said owner, tenant or his agent shall fail
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to comply as above stated, the City may exercise any and all
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1 options open to it as expressed in the Code of Ordinances. "
j Section 2. Severability.
j{ If any section, sentence, clause or phrase of this ordinance
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is held to be invalid or unconstitutional by any Court of compe-
tent jurisdiction, then said holding shall in no way effect the
fvalidity of the remaining portions of this ordinance.
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1 Section 3. Inclusion in code.
It is the intention of the City Commission that the provi-
sions of this ordinance shall become and be made a part of the
i City of Dania Code; and that the sections of this ordinance may
be renumbered or relettered and the word "ordinance" may be
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changed to "section", "article" or such other appropriate word
or phrase in order to accomplish such intentions.
Section 4 . That all ordinances or parts of ordinances and
all resolutions or parts of resolutions in conflict herewith be
3 repealed to the extent of such conflict.
Section 5. That this ordinance shall be in force and take
effect immediately upon its passage and adoption.
PASSED and ADOPTED on First Reading on the > > day of
March , 1981.
PASSED and ADOPTED on Second and Final Reading on the 24
day of Mahch 1981 . /
MAYOR-COMMISSIONER
ATTEST: /
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CITY CLERK-AUDITOR
APPROVED FOR FORM
pAND
�COORRRECTIVENESS:
BYAC C L
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NK . AD
LER, Cityy Attorney
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