It is intended that adequate, well-landscaped off-street parking be provided throughout the City in any and all districts and that adequate off-street loading be provided as required in this section. The City encourages developers to exceed the minimum landscape standards required in the landscape ordinance (chapter 25, article III) in order to promote a rustic and natural environment throughout the City.

(a)

A site development plan shall be submitted with every application for a building permit for any use or structure required to provide off-street parking or loading facilities under this article, which plan shall clearly and accurately designate the required parking and loading spaces, access aisles, driveway ribbons, driveways and relation to the uses or structures these off-street parking and loading facilities are intended to serve. Computations based on use and amount required are to be listed. The plan shall include off-street landscaping as required by the landscape ordinance (chapter 25, article III).

(b)

No building permit shall be issued unless and until a site development plan for such off-street parking and loading facilities and landscaping, including drainage, lighting and all driveways extending beyond the property line into the public right-of-way, shall have been reviewed by the Planning and Zoning Board for conformity with the provisions of this article.

(c)

No certificate of occupancy will be granted unless and until all provisions of this article are met. The Building Department, Police Department or Code Enforcement Officer shall be responsible for inspecting property and approving conformity with this article after construction is completed. Notice of such approval must be sent to the Planning and Zoning Board, Community Appearance Board, City Engineer and City Commission.

(a)

New development. Every use or structure instituted or erected after May 3, 1977 shall be provided with off-street parking facilities in accordance with provisions of this article for the use of occupants, employees, visitors or patrons.

(b)

Existing development.

(1)

Additions or enlargements. Where any building or use is enlarged in floor area, volume or capacity, such additional space so created or occupied shall be provided with additional off-street parking facilities in accordance with requirements of this article.

(2)

Nonconforming uses. In the case of a building occupied by a use which is not permitted as a new use in its designated district, major repairs, substantial alterations or extensions of such nonconforming use shall be permitted only if the off-street parking requirements of this article for the new use are applied to such existing use and are fully provided for.

(3)

Business districts. Development existing prior to May 3, 1977 in business districts (B-1, B-2, B-3) are to conform with the minimum off-street parking standards of this article. The City Commission may waive off-street parking requirements in regard to existing business districts if such requirements would create an undue hardship.

(4)

Commercial, civic, recreational and light industrial districts. Where any structure in the C-1, C-2, I-1, P-1 or X-1 districts is enlarged or any use is extended, the full amount of off-street parking space shall be supplied and maintained for the structure or use in its enlarged or extended size. Where the use of a structure or land or any part thereof in such districts is changed to a use requiring off-street parking space under this section, the full amount of off-street parking space shall be supplied and maintained to comply with this section as may be provided for under section 25-4(c) relative to allowances for non-concurrent business uses.

(c)

Repairs and remodeling. Any building or structure may be modernized, altered or repaired provided there is no increase in floor area or capacity and there is no change of use without providing additional off-street parking facilities.

(d)

Maintenance. Such off-street parking facilities shall be maintained and continued as long as the main use is continued.

(Ord. No. 19-6-2, § 2, 2019)

(a)

Unlisted uses. The requirements for off-street parking for any uses not specifically mentioned in this section shall be the same as provided in this section for the most similar to the one sought, it being the intent to require all uses except, agricultural to provide off-street parking.

(b)

Mixed uses. In the case of mixed uses, the total requirements for off-street parking shall be the sum of the requirements for the various uses computed separately; and off-street parking space for one use shall not be considered as providing the required off-street parking for any other use.

(c)

Combined off-street parking. Nothing in this article shall be construed to prevent collective provisions for or joint use of off-street parking facilities for two or more buildings used by two or more owners or operators, provided that the total of such parking spaces when combined or used together shall not be less than the sum of the requirements for the several individual uses computed separately in accordance with this article. This provision shall not apply where the periods of use of the buildings will not overlap or be concurrent with each other as determined by the Growth Management Director or his/her designee after a review of a certified parking analysis and an approval letter from the property owner or manager.

(d)

Use of required off-street parking by another building. No part of an off-street parking area required for any building or use by this article shall be included as a part of an off-street parking area similarly required for another building or use unless the type of use indicates that the periods of usage will not overlap or be concurrent with each other as determined by the Growth Management Director or his/her designee.

(e)

Parking of commercial vehicles.

(1)

No off-street parking facilities required by this article and supplied by or for a use to meet the requirements of this article shall be utilized for the parking or storage of commercial vehicles owned by or utilized by such use during the time such use is in operation.

(2)

Every use shall provide and maintain adequate and sufficient off-street parking facilities to accommodate the vehicles utilized by such use at the site of its operation independent of and in addition to the facilities otherwise required by this article.

(f)

Measurement.

(1)

Fractional measurements. When units or measurements determining number of required off-street parking spaces result in a requirement of fractional space, any such fraction equal to or greater than one-half shall require a full off-street parking space.

(2)

Bench seating. In stadiums, sports arenas, churches and other places of assembly in which occupants utilize benches, pews or other similar seating facilities, each 20 linear inches of such seating facilities shall be counted as one seat for the purpose of computing off-street parking requirements.

(g)

Minimum parking requirements. The off-street parking required by this article shall be provided and maintained on the basis of the following minimum requirements:

(Ord. No. 08-7-1, § 15, 7-15-08; Ord. No. 2002-09-08, § 1, 9-26-02; Ord. No. 03-10-05, § 1, 9-30-03; Ord. No. 2019-6-2, § 2, 2019; Ord. No. 19-11-3, § 2, 12-3-19)

(a)

On-site parking required. Required off-street parking facilities shall be located on the same lot or parcel of land that they are intended to serve.

(b)

Parking space dimensions. Each parking space required and/or provided shall not be less than the following:

(1)

Width. All parking spaces shall be a minimum of nine feet in width, provided that spaces restricted to wheelchair drivers shall be a minimum of 12 feet in width. The width of a parking space shall be measured perpendicular to the parking angle.

(2)

Length. All parking spaces shall be a minimum of 18 feet in length, provided that parallel parking spaces shall be a minimum of 25 feet in length. The length of a parking space shall be measured parallel to the parking angle.

(c)

Layout. All parking spaces shall be designed, striped and provided with concrete or recycled plastic wheel stops in accordance with figure 25-1.

FIGURE 1 PARKING SPACE DESIGNSTANDARDS

(d)

Access.

(1)

Each parking space shall be accessible from a street or alley from an adequate aisle or driveway leading to a street or alley.

(2)

Access aisles shall be a minimum of:

a.

Twenty-four feet for 90 degree angle parking,

b.

Eighteen feet for 60 degree angle parking,

c.

Fifteen feet for 45 degree angle parking, and

d.

Twelve for 30 degree angle parking.

(3)

Driveways leading to parking areas shall have not less than 12 feet of paved width with no projections into the driveway area for a height of seven feet, and shall not be less than six feet from any building or structure, not less than six feet from a private property line, and not less than ten feet from any public street right-of-way, except where otherwise stated in this Code. The areas of separation for the driveway shall be appropriately landscaped and curbed and protected from vehicular encroachment. Driveways shall further comply with section 25-100, driveway standards.

(e)

Parking facilities for residential uses.

(1)

Single-family, townhouse and duplex. Required parking spaces for vehicles, trailers, commercial vehicles and recreational vehicles, as defined in section 21-8, for single-family detached dwellings, duplexes and townhouse dwellings may be located in enclosed garages, under covered carports, or on open hard-surfaced driveway areas in accordance with the following standards.

a.

A minimum of one garage or carport parking space shall be provided for each single-family, duplex or townhouse dwelling unit. A special administrative approval request may be submitted to the Community Development Department for review to enclose a carport or garage of a single-family residence subject to meeting the parking requirements of section 25-4(g), minimum parking requirements for detached single-family dwellings. Other required parking spaces may be located on paved driveway areas, provided that each required parking space shall be a minimum of nine feet wide by 18 feet deep, and such exterior spaces shall not be tandem.

b.

Garages and carports shall have a minimum of 12 feet wide by 20 feet deep clear area. Washers, dryers, water heaters and other appurtenances shall not be allowable within said area. Garages shall be 12 feet wide by 22 feet deep when separate utility areas are not provided for the aforementioned uses. A single garage or carport may be provided for both units of a duplex, measuring not less than 20 feet wide by 20 feet deep with utility areas, or 20 feet wide by 22 feet deep without a utility area as described above.

c.

Driveways for detached single-family and duplex uses shall comply with the following: No more than one circular driveway or one secondary driveway a maximum of 12 feet in width shall be permitted per lot. The width of a primary driveway that provides access to a carport or garage shall not exceed 12 feet in width for each garage or carport bay, provided that maximum of 24 feet in width may be permitted for a one-bay garage. Parking in front yards of single-family homes shall be limited to parking in a garage, carport or hard-surfaced erosion resistant driveway material such as asphalt or concrete in accordance with the paving specifications of the City. Primary and secondary driveways shall not be contiguous nor combined and shall have a minimum five foot separation from one another.

d.

Carports for detached single-family and duplex uses shall be open on at least two sides and attached along at least 50 percent of the longest side to the principal building, and shall not exceed eight feet in height.

(2)

Multi-family. Open parking lots for multi-family development shall be arranged, maintained and used in accordance with the following requirements:

a.

The lot shall provide a front yard not less than 30 feet in depth nor less than the front yard of any existing residential structure immediately adjacent and on either side of the lot.

b.

The required front yard shall be planted and sodded. It shall be maintained so as to present a healthy, neat and orderly appearance. The required yard shall be kept free from refuse and debris.

c.

No signs shall be permitted other than unlighted entrance and exit markers, each not exceeding two square feet in area located within the parking area.

d.

The parking area shall be paved with an asphaltic or portland cement binder or reinforced concrete and graded so as to prevent dust and surface water accumulation.

e.

If lighting is provided for the parking area, all lights shall be low-pressure sodium, reflected, shaded and focused away from abutting property.

f.

No charge shall be made for parking.

(f)

Parking facilities for commercial uses. Parking facilities for shopping centers, retail stores, restaurants, drive-through banks and other uses generating high volumes of vehicular traffic shall comply with the following standards.

(1)

Primary driveways entering projects consisting of over 10,000 square feet of gross floor area from an arterial roadway or thoroughfare shall provide a minimum 100 foot single-width stacking lane or a 50-foot double-width stacking lane within the private property clear of parking spaces or internal drives.

(2)

The minimum distance between the rear of a parking space and the front of a vehicle utilizing a drive-through facility, i.e., banking, fast food, pick-up, etc., shall be no less than 30 feet, when such drive-throughs are approved by the City Commission.

(3)

No more than 15 percent of the required parking spaces shall be permitted to be constructed in a rear setback area; provided, however, that up to 30 percent of the required parking spaces may be placed in the rear of the building when a minimum of 50 percent of proposed uses in the building is deed restricted to office use only. Such parking shall be set aside and designated for the use of employees and shall be adequately lighted, and located within 200 feet of a pedestrian access corridor connecting the rear of the center to the sidewalk in the front of the center.

(g)

Surfacing and marking. The required off-street parking facilities shall be identified as to purpose and location when not clearly evident from a street or alley. Off-street parking facilities, including access aisles and driveways, shall be surfaced and marked according to City standards. The area reserved for off-street parking shall be hard-surfaced with erosion-resistant material in accordance with applicable City specifications. Where the parking area is hard-surfaced, the same shall consist of a good rolled rock base, well tamped, and topped with asphaltic concrete in accordance with the paving specifications of the City. Occupancy of a given structure or premises shall be prohibited until the required parking area has been improved, inspected and approved.

(h)

Wheel stops. Landscaped areas, divider medians and interior and terminal islands provided pursuant to the landscaping ordinance (sections 25-43 and 25-44) shall be protected from the encroachment or overhang of vehicles by a six inch high continuous concrete curb which shall be backfilled to the height of said curb. Wheel stops shall be installed in each space 24 inches from the edge of the continuous concrete curb, however, the perimeter parking rows and/or divider median may be increased by 24 inches in pervious area width and the wheel stops eliminated for each row of parking along the respective perimeter parking row and/or divider median.

All wheel stops required to be installed, repaired or replaced, in accordance with the provisions of this section, shall be manufactured of recycled plastic and/or concrete materials. The City's Building Department shall not issue a certificate of occupancy to any development which does not comply with the provisions of this section.

(i)

Drainage, lighting, safety and maintenance. All off-street parking facilities required by this article shall be drained so as not to cause any nuisance or damage to adjacent property (positive drainage is preferred to soaking pits), and any lighting thereon shall be so arranged and designed as to prevent any glare or excessive light on adjacent property. Low-pressure sodium lighting shall be used in all nonresidential districts. Such facilities shall be arranged for convenient access and safety of pedestrians and vehicles. Off-street parking areas shall be maintained in a clean, orderly and dust free condition at the expense of the owner or lessee and not used for the sale, repair or dismantling or servicing of any vehicles, equipment, materials or supplies.

(Ord. No. 05-04-02, § 1, 4-12-05; Ord. No. 05-06-03, § 2, 6-28-05; Ord. No. 19-4-3, § 2, 2019; Ord. No. 20-4-1, § 2, 5-12-20; Ord. No. 20-5-1, § 2, 5-26-20; Ord. No. 22-6, § 2, 5-10-22; Ord. No. 22-15, § 2, 6-28-22; Ord. No. 24-18, § 2, 8-27-24)

Parking spaces for the handicapped shall be provided in compliance with the Florida Building Code. Section 515 of the Florida Building Code adopts by reference the state accessibility requirements for the physically disabled and/or handicapped. Information may be obtained from:

Florida Department of Community Affairs Codes and Standards Section
2740 Centerview Drive
Tallahassee, FL 32399-2100

Provided handicapped parking spaces shall be constructed in accordance with the Accessibility Requirements Manual, DCA, Florida Board of Building, Codes and Standards, 1990, as same may be amended from time to time.

Parking spaces designated for physically handicapped people and accessible passenger loading zones that serve a particular building shall be located on the shortest possible accessible circulation route to an accessible entrance of the building. In separate parking structures or lots that do not serve a particular building, parking spaces for physically handicapped people shall be located on the shortest possible circulation route to an accessible pedestrian entrance of the parking facility.

Parking spaces.

(1)

Any commercial real estate property owner offering parking for the general public shall provide specially designed and marked motor vehicle parking spaces for the exclusive use of physically disabled persons who have been issued parking permits pursuant to F.S. §§ 316.1958, 320.0842, 320.0843, 320.0845 or 320.0848.

(2)

Diagonal or perpendicular parking spaces shall be a minimum of 12 feet wide (see Figure 30).

(3)

Parallel parking spaces shall be located either at the beginning or end of a block or adjacent to alley entrances (see Figure 31). Curbs adjacent to such spaces shall be of a height which will not interfere with the opening and closing of motor vehicle doors.

(4)

Each such parking space shall be conspicuously outlined in blue paint, and shall be posted and maintained with a permanent, above-grade sign bearing the international symbol of accessibility or the caption "PARKING BY DISABLED PERMIT ONLY," or bearing both such symbol and caption (see Figure 32). Such signs shall not be obscured by a vehicle parked in the space. All handicapped parking spaces must be signed and marked in accordance with the standards adopted by the Department of Transportation.

(5)

All spaces shall have an adjacent access aisle 60 inches wide minimum (see Figure 30). Parking access aisles shall be part of the accessible route to the building or facility entrance and shall comply with Accessible Route section of this manual. Two accessible parking spaces may share a common access aisle. Parked vehicle overhangs shall not reduce the clear width of an accessible circulation route.

(6)

All spaces shall have accessible thereto a curb-ramp or curb-cut, when necessary to allow access to the building served, and shall be located so that users will not be compelled to wheel behind parked vehicles.

(7)

The minimum number of such parking spaces shall comply with the following table:

(a)

Perpendicular.

(b)

Diagonal.

(a)

Applicability.

(1)

On the same lot with every structure or use hereafter erected or created, there shall be provided and maintained adequate space for loading and unloading of materials, goods or things, and for delivery and shipping, so that vehicles for these services may use this space without encroaching on or interfering with the public use of streets and alleys by pedestrians and vehicles.

(2)

Where any structure is enlarged or any use is extended so that the size of the resulting occupancy comes within the scope of this section, the full amount of off-street loading space shall be supplied and maintained for the structure or use in its enlarged or extended size. Where the use of a structure or land or any part thereof is changed to a use requiring off-street loading space under this section, the full amount of off-street loading space shall be supplied and maintained to comply with this section.

(b)

Loading area design standards.

(1)

For the purposes of this section, an off-street loading space shall be an area at the grade level at least 12 feet wide by 45 feet long with 15-foot vertical clearance.

(2)

Each off-street loading space shall be directly accessible from a street or alley without crossing or entering any other required off-street loading space and arranged for convenient and safe ingress and egress by motor truck and/or trailer combination. Such loading space shall also be accessible from the interior of any building it is intended to serve.

(3)

All such deliveries or shipping areas shall be screened from public view. In I-1, Light industrial districts, no off-street loading space shall be located within 250 feet of any right-of-way line or 400 feet of any residential district.

(c)

Amount of off-street loading space. The following minimum number of off-street loading spaces shall be provided for the uses indicated. For any use not specifically mentioned in this subsection, the requirements for off-street loading for a use which is so mentioned and to which the unmentioned use is similar, shall apply. When calculations of the number of required loading spaces results in a requirement of a fractional space, any such fraction equal to or greater than one-half (½) shall require a full off-street loading space.

(1)

For each retail store, storage warehouse, wholesale establishment, industrial plant, factory, freight terminal, market, restaurant, funeral home, laundry, dry cleaning establishment, or similar use the minimum number of required off-street loading spaces shall be as follows:

(2)

Every multi-family or apartment hotel building having at least 20 dwelling units shall provide one off-street loading space, plus one additional loading space for each additional 50 dwelling units or major fraction thereof.

(3)

Each auditorium convention hall, exhibition hall, museum, hotel, office building, sports arena, stadium, hospital, sanitarium, welfare institution, or similar use, which has an aggregate gross floor area of more than 10,000 square feet shall provide a minimum of one off-street loading space, plus one additional loading space for each additional 60,000 square feet or major fraction thereof.

(d)

Limitation on uses.

(1)

Off-street loading facilities supplied to meet the needs of one use shall not be considered as meeting the off-street loading needs of any other use.

(2)

No area or facility supplied to meet the required off-street parking facilities for a use shall be utilized for or deemed to meet the requirements of this article for off-street loading facilities.

(3)

Nothing in this section shall prevent the collective, joint, or combined provision of off-street loading facilities for two or more buildings or uses, provided that such off-street loading facilities are equal in size and capacity to the combined requirements of the several buildings or uses and are so located and arranged as to be usable thereby.

(4)

The Planning and Zoning Board may recommend and the City Commission may grant a reduction of length of an off-street loading space to not less than 30 feet and the required minimum vertical clearance to not less than eight feet when there is a finding that the size, character and operation of a particular building or use will not normally involve service by motor vehicles requiring the length or vertical clearance of an off-street loading space specified in subsection (b)(1), loading area design standards.

(e)

Application requirements for off-street loading. Plans for buildings or uses requiring off-street loading facilities under the provisions of this section shall clearly indicate the location, dimensions, clearance and access of all such required off-street loading facilities; and such plans shall be submitted to the Planning and Zoning Board for review and approved by the City Commission as to location of ingress and egress from such off-street loading spaces in relation to the public streets and alleys in order to ensure the safe, orderly and expeditious movement of traffic.

The modifications to parking requirements allowed in this section are intended to permit and encourage the reduction of hard-surface parking areas so as to retain the maximum permeable soil surface and green area while still providing for adequate parking. It is not the intent of this section to define each and every land use where these modifications of parking requirements may be feasible. The City Commission may allow the use of these modifications in any instance where such a modification appears appropriate, excluding commercial districts, even though the specific land use may not be cited in the following provisions. The term hard-surface as referred to in this provision shall mean asphaltic concrete.

(a)

Parking ribbons. The use of hard-surface parking ribbons shall be permitted in situations where the required parking is directly associated with an individual dwelling unit. Such ribbons shall be no less than two feet in width, separated at no greater distance than three feet, and constructed to the specifications of the City Engineer. The remaining required area for each parking space shall be covered with grass, ground cover or other porous landscape material. Such ribbons are primarily intended for use with single-family and duplex dwellings, townhouses, tourist camps and parks.

(b)

Reduction of hard surface allowed.

(1)

For multi-family residential land uses, it shall be allowed for up to ten percent of the required parking to be reserved in a grassed area. For certain other, noncommercial uses (i.e., religious, civic and institutional), it shall be allowed for up to 20 percent of the required parking to be reserved in a grassed area.

(2)

Such a reserved area shall be identified on the site plan and shall include space for all associated accessways, and shall be no greater than 300 feet walking distance from the residences they serve. The reserved area may be used for temporary or overflow parking. Parking use of the reserved area shall conform to City specifications, including requirements for base materials, drainage and species of grass. Such areas shall be posted with signs, at the expense of the property owner, that they are reserved for temporary or overflow parking. Where regular use of the parking surface warrants, it may be required that aisles, accessways and drives be surfaced with a hard-surface material. Regular use of a reserved area so that maintenance of the grass in a healthy and viable condition is impossible shall require the hard-surfacing of the area.

(3)

A reserved area used for temporary or overflow parking shall meet all landscaping requirements for vehicular use areas except that the ten percent interior open spaces required may also be used for parking provided all trees are located in an area of at least 50 square feet which shall be protected from vehicular intrusion. Conversion of a reserved area to hard-surface parking shall require compliance with all landscaping requirements for vehicular use areas. In no instance shall a reserved area be used to satisfy the landscaping requirements for a contiguous hard-surfaced vehicular use area or to satisfy requirements for open space.

(c)

Maintenance. The owner, tenant, and their agent, if any, shall be jointly and severally responsible for the maintenance of all vehicle use areas, whether standard hard-surface or grass. Grass parking areas shall be maintained so as to present a neat appearance to ensure a viable and healthy grass surface. In the event of deterioration of a grass parking surface due to improper or inadequate maintenance or due to parking use too heavy to allow a healthy grass surface, the Building Department may require the restoration of the grass surface or the hard surfacing of the area.

It shall be permissible to apply for a variance to the provisions contained in this article, pertaining to off-street parking and loading requirements, in accordance with the provisions of section 23-153, Variance.

(a)

Parking in residential districts. Except as hereinafter provided, no owner or person having the use of a commercial vehicle, recreational vehicle, boat or any type of trailer, as these terms are defined in section 21-8, shall park, store or keep the vehicle or boat or any type of trailer for any period of time in the public street, public right-of-way or privately owned property in residentially zoned districts. This section shall not apply to the following:

(1)

Vehicles, boats or any type of trailers that are enclosed or screened from public view in one of the following ways. This subsection is not a waiver of setback requirements or any other ordinances or regulations, each of which must be complied with by any party seeking to be included under this subsection.

a.

Vehicles, boats or any type of trailers parked entirely in a covered garage whose door(s) is closed except for actual, active and uninterrupted moving, loading or unloading;

b.

Vehicles, boats or any type of trailers parked entirely in a carport, attached to the home, which is screened on all sides by permanent dense vegetation or other permanent material, and covered by a roof, and that such screening shall screen from view from any right-of-way abutting the property;

c.

Commercial vehicles or any types of trailers which do not exceed ten (10) feet in total height, and which are parked within an area behind a privacy fence with a height of six (6) feet. No portion of a vehicle or trailer parked or stored pursuant to this subsection shall exceed ten (10) feet in height, nor shall it have any signage or lettering visible, or be visible from the public right-of-way.

d.

RVs, boats or boats mounted on trailers owned by the property owner and registered to the property which do not exceed twelve (12) feet in height, and which are parked within an area behind a privacy fence with a height of six (6) feet. No portion of a vehicle or boat parked or stored pursuant to this subsection shall exceed twelve (12) feet in total height an must be maintained in good, clean condition such that there is no fading, tearing or holes in upholstery/fabric and no accumulated dirt, mold or debris.

e.

All vehicles or boats parked or stored pursuant to this Subsection (1) that exceed the six (6) feet privacy fence must be annually registered with the right to inspect by the city's Code Enforcement Department. Upon registering the vehicle or boat the property owner or occupant must allow the City the right to enter the property to inspect and verify the height and valid state registration of the vehicle or boat. The initial registration fee shall be fifty dollars ($50.00) payable to the City. The annual registration is not transferable to another vehicle or boat.

1.

All vehicles or boats parked or stored pursuant to this subsection and that exceed the six feet privacy fence must be annually registered with the City's Police Department. Upon registering the vehicle or boat the property owner or occupant must allow the Police Department entry to the property to inspect and verify the height and valid state registration of the vehicle or boat. The initial registration fee, and subsequent annual renewal fees, are to be recommended by the chief of police reflecting the actual costs for the Police Department inspection and verification, and then approved by the City Manager. The annual registration is not transferable to another vehicle or boat.

(2)

Vehicles made necessary for individual use by persons with actual physical impairments or disabilities;

(3)

Any boat or RV shall be permitted to remain in the front of the property owner's residence for up to 36 hours for the limited purposes of actual, active and uninterrupted loading or unloading, repairs, deliveries or maintenance.

(4)

Any prohibited vehicle or trailer parked in a prohibited area for purposes of actual, active and uninterrupted loading or unloading, repairs, deliveries or maintenance between the hours or 6:00 a.m. and 7:00 p.m.

(5)

Any rowboat, canoe or sailboat not to exceed 14 feet in length, kept by the owner at the rear or interior side yard of the owner's residence or in the waterway adjacent thereto;

(6)

A vehicle performing or used in the performance of a local city, county or state function;

(7)

Commercial vehicles whereby signage is the only cause for classifying the vehicle as a commercial vehicle and where the signage is completely covered with a magnetic cover and provided that the magnetic cover is the same color as the commercial vehicle and the vehicle maintains the standard designed contour of the vehicle;

(8)

Owners and/or occupants of residences are permitted to park or store their boat or recreational vehicle in front of a residence for a period of not more than 24 hours within any seven day period. This subsection is not a waiver of any other ordinances or regulations, each of which must be complied with by any party seeking to be included under this subsection;

Except as provided herein, the use of a tarpaulin (tarp) or other similar covers shall not satisfy the requirements of this section for a recreational vehicle, boat or trailer. A commercial vehicle or private passenger vehicle may use a form-fitting vehicle cover so long as the current automobile license tag may be visible from the right-of-way by means of clear material or an opening or otherwise make view of the tag available and that such cover is designed to conform to the standard designed contour of the vehicle. Under all circumstances covers shall be constructed of sound material and shall be maintained in good, clean condition, such that there is no fading, tearing, or holes in the cover that are not part of its intended design and no accumulated dirt, mold, debris or other material on the cover. Vinyl or canvas tarpaulin or other covers not designed for use to cover a vehicle shall be prohibited.

All properties located within the municipal boundaries of the City of Cooper City shall be brought into compliance with the provisions of Cooper City Ordinance No. 05-05-03 no later than November 23, 2005.

(9)

Any properties who enjoy the protections of the special residential lifestyle overlay district as set forth in section 23-76 of this Code;

(10)

In all residential zoning districts, only one boat or one recreational vehicle is permitted per dwelling unit.

(b)

Parking in commercial districts. Except as hereinafter provided, no owner, or person having the use of a commercial vehicle, recreational vehicle, boat or trailer shall park, store or keep the vehicle or trailer for any period of time within the property lines of any district other than a residentially zoned district. This subsection shall not apply to the following:

(1)

Vehicles, boats or trailers which have an active commercial or business purpose for which the owner or person having the use of said vehicles, boats or trailers holds a current and valid occupational license for a business location within the commercially-zoned district; provided, however, that such vehicle, boat or trailer shall be parked, stored or kept in the rear of the commercial facility or structure. This subsection is not a waiver of setback requirements or any other ordinances or regulations, each of which must be complied with by any party seeking to be included under this subsection.

(2)

Vehicles, boats or trailers which have an active commercial or business purpose for which the owner or person having the use of said vehicles, boats or trailers holds a current and valid occupational license for a church, synagogue, private or parochial school, nursery school, or child care center, or non-profit club; provided that the use occupies a free-standing building located on a separate parcel of land that is not connected to or has no access to adjacent commercial uses. Such separate parcel of land may be under the same ownership as adjacent commercial uses. This subsection is not a waiver of setback requirements or any other ordinances or regulations, each of which must be complied with by any party seeking to be included under this subsection.

(c)

Special variance. Any person owning or using a commercial vehicle may apply for a variance from the strict and literal terms of the foregoing provisions and the City Commission may grant such a variance from the terms, conditions and provisions of this section as will not be contrary to the public interest when, owning to special circumstances, literal enforcement of the applicable provisions hereof would inflict an unnecessary hardship to the ownership of such commercial vehicles, provided, further, that the following conditions are met:

(1)

Applicant has submitted a petition for variance on such forms required by the City;

(2)

The Planning and Zoning Board has returned a written recommendation with respect to such variance request and has transmitted the same to the City Commission;

(3)

The applicant has filed with the City a sworn affidavit executed by both the user of the vehicle and the owner of the applicable commercial enterprise containing the following information or statements:

a.

Description of vehicle, including serial number or vehicle registry number;

b.

Name of business in which such vehicle is used (address and telephone number);

c.

Nature of the business;

d.

Employee of the business (name, address and telephone number) using the vehicle necessitating the variance request; and

e.

A statement that the subject vehicle is used on a 24 hour basis in connection with the nature of the named business in order to facilitate responses to emergency situations involving threat to life and/ or property and that without the named employee having immediate access to the subject vehicle, the emergency to which such vehicle is intended to respond would be increased, and that the use of the vehicle by the named employee is not merely for the employee's convenience.

(4)

Notice of a public hearing has been given by the City in accordance with the procedures of section 23-153, variance.

(5)

No variance granted pursuant to the terms hereof shall be granted for a period longer than one year from the effective date of the variance.

(d)

Prohibition on junked or abandoned vehicles.

(1)

All commercial vehicles, recreational vehicles, boats or trailers herein permitted shall be parked or stored with all wheels and tires mounted and inflated, and shall be maintained in a movable condition.

(2)

Such vehicles and boats and trailers shall not be supported to any degree by concrete blocks, jacks or any other means of support, except a truck or camper unit which has its own jacks, and which is a structure designed to be mounted upon and carried by another vehicle.

(3)

The following shall be stored within a completely enclosed building:

a.

Any wrecked, junked, dismantled or partially dismantled vehicles, boats or trailers, including vehicles missing major parts, including, but not limited to, bodies, engines, transmissions, and rear ends; or

b.

Vehicles, boats or trailers with bodies, engines, transmissions, rear ends or other major components that are wrecked, ruined or damaged to an extent that would render the vehicle, boat or trailer inoperative.

(4)

All vehicles and boats parked or stored, pursuant to this section, on private property must be owned or controlled by an owner or occupant of the property or temporarily parked at the express or implied invitation of an owner or occupant of the property for a legitimate purpose.

(e)

Ticketing procedure. Vehicles, boats or trailers parked in violation of this division shall be ticketed by the Police Department, such ticket to be affixed to the windshield of the offending vehicle or affixed at some other prominent place.

(f)

Fine.

(1)

If a citation issued for a violation of this section shall be paid prior to the issuance of a notice to appear or municipal information, the fine shall be $50.00. After the issuance of notice to appear or municipal information the penalties provided in section 1-8 of this Code shall be applicable.

(2)

After any person has paid or been convicted of two violations of this section, all additional violations of this section for which a fine is paid or owing within a calendar year shall be punishable by a fine of 200 and $250.00 regardless of when paid.

(Ord. No. 99-10-3, § 2, 10-26-99; Ord. No. 05-05-03, § 1, 5-24-05; Ord. No. 21-14, § 3, 5-25-21)

(a)

Prohibition and exemptions. No person shall deposit, store, keep or permit to be deposited, stored or kept in the open upon public or private property an abandoned vehicle, as that term is defined in section 21-8, definitions, except that this section shall not apply to any vehicle that is:

(1)

Parked in a covered garage; or

(2)

Parked in a carport, attached to the home, which is enclosed on three sides by permanent dense vegetation or other permanent material, and covered by a roof; or

(3)

Parked within a fenced area so that the vehicle is not visible from the public street, right-of-way, or adjacent residential property.

(b)

Notice to remove vehicle. Whenever the Enforcement Officer shall ascertain that an article of abandoned property is present on private or public property, the officer shall cause a notice to be placed upon such article in substantially the following form. Such notice shall be not less than eight inches by ten inches and shall be sufficiently weatherproof to withstand normal exposure to the elements. In addition to posting, the Enforcement Officer shall make a reasonable effort to ascertain the name and address of the owner; and if such is reasonably available, he shall mail a copy of such notice to the owner on or before the date of posting.

This property, (setting forth brief description of location) located at (setting forth brief description of location) is improperly stored (if on private property) (unlawfully upon public property) and must be removed within ten days (30 days if a boat). You have the right to a hearing before the City Manager or his designee within those ten days (30 days if a boat) before the City will remove, destroy or sell the property with the owner liable for all costs of removal and destruction.

Dated this: (setting forth the date of posting of notice). Signed: (setting forth name, title, address and telephone number of Enforcement Officer).

(c)

Hearing. A hearing before the City Manager shall be afforded anyone claiming an interest in the noticed vehicle, within ten days (30 days if a boat) of the posting of such notice. The City Manager shall have the right to postpone such hearing for a reasonable time although property alleged to be abandoned may not be removed until following the requested hearing. Failure to arrange for or attend such hearing shall constitute a waiver of the right to a hearing. Any person claiming any interest in such vehicle shall be allowed to present evidence showing why such vehicle is not an abandoned vehicle as defined herein.

(d)

Seizure of vehicle and costs of removal. Waiver of the right to a hearing or an adverse adjudication at the hearing shall constitute final action by the City and subject the vehicle to immediate seizure. The owner of any abandoned vehicle who fails to remove such vehicle between the date of posting of notice and seizure by the City shall be liable to the City for all costs of removal and destruction, less any salvage value received. Any person who neglects or refuses to pay such amount within ten days of billing by the City shall be subject to a fine of 100 dollars ($100.00).

(e)

Abandoned vehicle-hazardous. If an Enforcement Officer ascertains that an abandoned vehicle presents an immediate or imminent threat or hazard to traffic, persons or surrounding property he may have the vehicle removed to a location to be designated for such purpose by the City, where it shall be posted with a notice as aforesaid. The City shall protect the vehicle from further harm until a hearing shall adjudicate its disposition.

(f)

If a citation issued for a violation of this section shall be paid prior to the issuance of a notice to appear or municipal information, the fine shall be $25.00. After the issuance of a notice to appear or municipal information, the penalties provided in section 1-8 of this Code shall be applicable.

(Ord. No. 99-10-3, § 3, 10-26-99)

(a)

The purpose of this article is to create the framework for a comprehensive but balanced system of sign control, thereby facilitating clear and pleasant communications. It is the belief of the City Commission that the nature of signs is to provide an index to the needed goods and services. It is the intention of this article to develop specific sign criteria which are:

(1)

Compatible with their surroundings;

(2)

Legible under the circumstances in which they are seen;

(3)

Expressive of the identity of individual businesses or organizations or the community as a whole;

(4)

To promote the aesthetics, safety, health, morals, property values, general welfare and the assurance of protection of adequate lighting, energy and air space within the City by regulation of the posting, displaying, erection, use and maintenance of signs;

(5)

For the sole purpose of identifying businesses and not to permit advertising along trafficways.

(b)

Applicability. All signs shall be erected, placed, established, painted, created, or maintained in the City only in conformance with the standards, procedures, exemptions, and other requirements of this article. This article is not intended to regulate any sign which is not visible from another property or from public access areas. Signs posted by the City, including, but not limited to, traffic signs and legal notices, shall not be subject to this article. No sign shall be permitted except in accordance with the provisions of this article.

(c)

Substitution clause. It is not the intent of this article to afford greater protection to commercial speech than to noncommercial speech. Any sign, display or device allowed under this article may contain, in lieu of any other copy, any otherwise lawful noncommercial message that complies with all other requirements of this article. The noncommercial message may occupy the entire sign area or any portion thereof, and may substitute for or be combined with the commercial message. The sign message may be changed from commercial to noncommercial, or from one noncommercial message to another, as frequently as desired by the sign's owner, provided that the sign is not prohibited and the sign continues to comply with all requirements of this article, including, but not limited to, the requirements for permit review for installation or alteration of signs pursuant to section 25-27, and all construction requirements as provided in section 25-28.

(d)

Severability.

(1)

The sections, paragraphs, sentences, clauses and phrases of this article are severable, and if any phrase, clause, sentence, paragraph or section of this article shall be declared unconstitutional or void or unenforceable by the valid judgment or decree of a court of competent jurisdiction, such as unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this article.

(2)

This subsection shall not be interpreted to limit the effect of subsection (1) above, or any other applicable severability provision in this Code or any adopting ordinance. The City Commission specifically intends that severability shall be applied to sign regulations even if the result would be to allow less speech in the City, whether by subjecting currently exempt signs to permitting or by some other means.

(3)

This subsection shall not be interpreted to limit the effect of subsections (1) or (2) above, or any other applicable severability provision in this Code or any adopting ordinance. The City Commission specifically intends that severability shall be applied to prohibited signs so that each of the prohibited sign types listed in section 25-22 shall continue to be prohibited irrespective of whether another or any sign prohibition is declared unconstitutional or invalid.

(4)

This subsection shall not be interpreted to limit the effect of subsections (1), (2) or (3) above, or any other applicable severability provision in this Code or any adopting ordinance. The City Commission specifically intends that severability shall be applied to section 25-22 of the sign regulations so that if all or any of such provisions are declared unconstitutional or invalid by the final and valid judgment of any court of competent jurisdiction, the City Commission intends that such declaration shall not effect any other prohibition on animated or billboard signs in the aforesaid section.

(Ord. No. 12-1-1, § 3, 1-10-12)

The following words and phrases, when used in this article, shall have the meanings respectively ascribed to them below:

Advertising means any form of public announcement intended to aid, directly or indirectly, in the sale, use or promotion of a product, commodity, service, activity or entertainment.

Advertising bench means a bench, such as a park or bus bench, for the use of the public and bearing a commercial message.

Advertising sign, handheld or worn means a sign that specifies, either directly or indirectly, a good or service either sold or offered for commercial gain, and which is worn or carried by a person for advertising purposes.

Advertising signs, general means a posted advertisement which does apply to the premises wherein such sign is located.

Animated sign means a sign which utilizes motion of any part by any means, or displays flashing, oscillating or intermittent lights.

Announcing sign means a temporary sign announcing a project to be under construction or an intended use of the premises in the immediate future, which provides the project name, developer name, owner or agent, contact information and other relevant information pertaining to the project.

Attention attracting devices means balloons, flags (except as permitted by section 25-21), pennants, streamers, spinners, tinsel, signs or other similar devices.

Banner means a sign having the characters, letters, or illustrations applied to cloth, paper or fabric of any kind with only such material for backing.

Banner flag means a banner this is attached to and displayed upon an upright pole or staff.

Billboard means a structure utilized for advertising an establishment, an activity, a product, service or entertainment, which is sold, produced, manufactured, available or furnished at a place other than the property on which the sign is located.

Box or cabinet sign means any sign, the face of which is enclosed, bordered or contained within a boxlike structure, frame or other device.

Building directory sign means a sign indicating the location of an activity or service, incidental to the use, but not advertising that use in any manner.

Bus bench advertising sign means see "Advertising bench."

Canopy sign means a sign attached to or hung from a canopy or covered structure projecting from and supported by a building when the canopy or covered structure extends beyond the building line.

Community service sign means a sign which advertises solely a function of a nonprofit organization or corporation.

Directional or information sign means a noncommercial sign located on and relating to an activity on the premises upon which the sign is located, e.g., "exit," "entrance," "caution," "no trespassing," etc.

Display means an arrangement of goods reflecting the occupation or business, wares, or other objects used for the purpose of bringing the subject thereof to the attention of others without the use of characters, ornamentation, letters, symbols, logos or pictures to convey a message to others.

Election sign means a temporary sign displayed for the purpose of expressing support for or opposition to a candidate seeking elected office, or pertaining to any issue upon which voters shall vote, in a scheduled public election.

Facade means the entire building front, including main street wall face, including any parapet but not including glass or open areas.

Flag means a piece of cloth often attached to a staff with distinctive colors, patterns or symbolic devices.

Free expression sign means a noncommercial sign communicating information or views of concern to the owner of the sign, or containing any other noncommercial message that is otherwise lawful.

Garage sale sign means any sign used for the sale of new or used merchandise, owned by the person conducting the sale or his immediate family, and sold at his place of residence.

Ground box sign means a self-supported structure not attached or affixed in any way to a building or any other structure.

Illegal sign means any sign erected in violation of any ordinance in effect after June 6, 1978.

Illuminated sign means any sign having characters, letters, figures, designs or outlines illuminated by electric lights or luminous tubes designed for that purpose, whether or not said lights or tubes are physically attached to the sign. This definition does not include electric lighting when used within a window casement without any signs, as that term is defined herein.

Internal illumination means a light source concealed or contained within the sign which becomes visible by shining through a translucent surface.

Item of information means a syllable, symbol, abbreviation, broken plane or discontinued odd shape located in any one sign.

Logo means a symbol used to signify an organization, corporation, business, service or product.

Logotype means the name of a corporation or business, or the like, spelled out in a distinctive, proprietary style of lettering or type. To be approved, this style must be registered with the Trademark Division of the U.S. Patent Office, or approval must be pending. If in a shopping center, height and color of letters must be the same as the center's standard design criteria.

Major retail use means a use or tenant that occupies in excess of 40,000 square feet interior floor area.

Model sign means a sign which designates a particular dwelling unit design which is not for sale, but rather represents other units of a similar design that are for sale and may specify the model or complex name; builder, architect, agent; number of bedrooms and baths; telephone number; prices.

Municipal sign means a sign erected by the City which may:

(1)

Advertise upcoming recreational, sporting and civic events;

(2)

Notify the public of projects pending before the City, such as variances, rezonings, application for land development permit, etc.; and

(3)

Public identification signs.

Nameplate sign means a sign indicating the name and/or profession or address of a person or persons residing on the premises or legally occupying the premises.

Nonconforming sign means a sign, or advertising structure, which was legally established but which by its height, type, content, square foot area, location, use or structural support does not conform to the requirements of this article.

Off-premises project directional sign means a sign not within the boundaries of the real estate project that contains directional information enabling potential purchasers to locate the project within the City.

Parapet means a wall extension above the roof line of a building.

Permanent sign means any sign which, when installed, is intended for permanent use. For the purpose of this article any sign with an intended use in excess of 12 months from the date of installation shall be deemed a permanent sign.

Pole sign means a sign erected upon a pole or poles which are visible and which sign is wholly independent of any building or other structure for support.

Primary frontage means that frontage designated by the owner/occupant to be the primary use when the business faces on two streets of at least secondary arterial designation.

Project sign means a sign that identifies the construction of a building, building complex or real estate development of any kind, and specifies information which may include the name of project; nature of the development; general contractor; architect; lending institution; owner or agent; and contact information.

Projecting sign means a sign attached to and supported by a building or other structure and which extends at any angle therefrom.

Real estate sign means a sign erected by a property owner, or the owner's agent, indicating property that is for rent, sale or lease and related information including zoning, size of property, name of the owner, broker or agent, telephone number, designs or trademarks, etc.

Real estate accessory sign means a sign attached to a real estate sign, as defined herein, announcing additional information (i.e., open, by appointment only, sold, etc.).

Roof sign means a sign erected over or on the roof, extending above the roof line, which is dependent upon the roof, parapet or upper walls of any building for support.

School sponsor signs. A sign for a business or community group which has provided assistance or financial support for academic/sports/enrichment programs at an elementary or secondary school.

Shopping center means a group of retail stores, service establishments or any other businesses planned to serve the community or neighborhood, not necessarily owned by one party or a single landowner, that are adjacent to and utilizing a common parking area or areas.

Sidewalk or sandwich sign means a movable sign not secured or attached to the ground.

Sign means a device or representation for visual communication other than a display that is used for the purpose of bringing the subject thereof to the attention of others. Signs include, but are not limited to, figures, letters, logos, devices, flags, pennants, emblems, pictures, statuary, sculptures or other objects which are used for identification.

Sign area means the square foot area enclosed by the perimeter of the aggregate sign face; when a sign composed of letters only is designated to be compatible with a particular architectural style, the sign area is the sum of the area of the smallest contiguous rectangles or circles capable of containing one letter. In all other cases, the area is enclosed by the perimeter line enclosing all letters.

Sign face means the part of the sign that is or can be used for communication purposes visible from one direction.

Snipe sign means a sign which is tacked, nailed, posted, pasted, glued or otherwise attached to trees, poles, stakes or fences, or to other objects, with the message appearing thereon not applicable to the present use of the premises or structures upon which the sign is located.

Subdivision sign means a sign designating a subdivision, plat or other division, of real property.

Symbol means a graphic device used to signify a use or activity rather than an organization or corporation.

Temporary sign means any sign intended for use not permanent in nature. For the purpose of this article, any sign with an intended use of 12 months or less shall be deemed a temporary sign.

Trailer sign means a portable sign placed in or attached to a trailer.

Under canopy sign means a sign permanently affixed to the underside of a shopping center canopy.

Vehicle removable sign means a sign temporarily affixed to a transportation vehicle, inside or outside, for the purpose of advertising.

Vehicle sign means a sign painted or affixed to a transportation vehicle, including automobiles, trucks, boats, trailers and campers, for the purpose of identification which shall include, but is not limited to magnetic signs, vehicle "wraps," decals, signs painted upon or otherwise affixed or physically attached to a vehicle or trailer.

Wall sign means a sign that is approximately parallel to and supported by any wall or other enclosures.

Window sign means a sign located on a window or within a building or other enclosed structure, within four feet of the window casement, which is visible from the exterior through a window or other opening; provided, however, that this definition shall not include chandeliers or similar lighting fixtures within the business establishment.

(Ord. No. 96-6-2, § 1, 6-28-96; Ord. No. 96-10-1, § 1, 10-8-96; Ord. No. 15-6-1, § 2, 6-16-15; Ord. No. 12-1-1, § 3, 1-10-12; Ord. No. 18-10-1, § 2, 10-9-18)

(a)

Vehicle signs. All vehicle signs shall be exempt from all provisions of this article when such signs are attached or affixed to a vehicle which is usually on the road during the normal course of business. Vehicle signs shall not be utilized at a specific location or site in addition to or in lieu of a permanent or temporary sign as permitted under this article.

(b)

Instructional signs. Signs which provide instructions and are located entirely on the property to which they pertain and do not in any way advertise a business and do not exceed two square feet in area, including signs identifying restrooms, public telephones, walkways and those of similar nature, shall be exempt from the provisions of this article.

(c)

Flags. The flags, emblems or insignia of any noncommercial entity shall be exempt from the provisions of this article; however, in order to prevent commercialization and exploitation of such flags, no more than one of each such noncommercial flag may be displayed at one time on days other than a federal holiday. Flag poles upon which flags are displayed shall not exceed the maximum building height permissible in the zoning district in which the flag pole is located.

(d)

School sponsor signs. School sponsor signs, shall be exempt from the permitting requirements of this article, provided they meet the requirements of this article and are installed as part of and consistent with a School Sponsorship Sign Plan approved by the City pursuant to this article.

(Ord. No. 12-1-1, § 3, 1-10-12; Ord. No. 15-6-1, § 2, 6-16-15)

The following are those signs which shall not be permitted within the municipal limits of the City:

(a)

Animated signs;

(b)

Snipe signs;

(c)

Attention attracting devices;

(d)

All signs that contain exposed lighting of any type or have the appearance of light fixtures which do not comply with regulations for window signs as set forth in section 25-26;

(e)

Roof signs;

(f)

Billboards;

(g)

Advertising bench; signs affixed to people shelters or bus shelters;

(h)

Signs projecting in excess of 18 inches from the foremost point of attachment of the sign to the structure upon which it is constructed;

(i)

Signs located on sides of buildings unless the structure is located on a corner lot or unless the structure is located in excess of 100 feet from the side lot line;

(j)

Painted wall signs not conforming to section 25-28, construction, maintenance and location;

(k)

All abandoned signs, sign cabinets, poles, frames, structures and electrical fixtures;

(l)

Pole signs;

(m)

Projecting signs;

(n)

Tenant identification signs, except in the interior of shopping centers;

(o)

Advertising signs, handheld or worn;

(p)

Any sign which is not allowed as a permitted sign by this article or is not in compliance with all regulations set forth in this article.

(Ord. No. 96-10-1, § 2, 10-8-96; Ord. No. 01-4-4, § 1, 4-24-01; Ord. No. 12-1-1, § 3, 1-10-12; Ord. No. 19-7-3, § 2, 8-20-19)

Only such permanent signs as are listed in this section shall be permitted to be erected or maintained upon any building lot, plot or parcel of land, for the following types of land uses;

(a)

Residential land uses. Residential land uses shall be limited to the following types of permanent signs.

(1)

One nameplate sign which shall be permitted not exceed one and one-half square feet of total area.

(2)

All dwelling units shall display the street number assigned thereto by the United States Postal Service so that such number will be readily visible from the street in order that emergency vehicles can readily identify the street address. Said numbers shall be at least four inches in height and no greater than ten inches in height.

(3)

In those instances where the dwelling units have United States Postal Service approved rural type mailboxes located at or near the fronting roadways to the dwelling units, the display of street numbers at least two inches in height on both sides of the mailboxes or on their posts facing the roadway will be permitted as an option to displaying the street numbers on the dwelling unit structures.

(4)

Multi-family or townhouse developments containing three or more dwelling units shall be permitted ground or wall signs indicating the name of the complex not to exceed the size limitations as delineated in subsection (b), nonresidential land uses, below.

(b)

Nonresidential land uses. Nonresidential land uses shall be limited to the following types of permanent signs.

(1)

Wall or canopy sign. One wall or canopy identification sign shall be permitted for each inline licensed establishment, not to exceed the following size limitations:

a.

Maximum height of letters: No wall sign shall have either letters, cabinets or border exceeding 18 inches in height, provided, however that the height of such letters/cabinets may be increased in height one inch for each 24 feet for major portion thereof of setback distance between the front building line and the street property line.

b.

Maximum length of sign: The length of a wall or canopy sign shall be in proportion to the length of the primary building facade or the portion thereof occupied by the licensed establishment in accordance with the following:

c.

Maximum sign area: No wall or canopy sign shall have an area exceeding one square foot for each linear foot of building/bay facade occupied by the licensed establishment.

d.

Corner businesses: For businesses in a corner bay of a shopping center having a secondary wall with street frontage, the business may also be permitted to erect an additional wall sign facing the secondary frontage at ⅔ the size of the primary wall or canopy sign as delineated in section (b)(1)a., b., and c. above, nonresidential wall or canopy signs.

(2)

Nameplate or identification sign. One is required at the front and the rear entrances of all the bays/buildings both existing and those constructed subsequent to the effective date of this section, with letters not in excess of three inches in height and the sign area not in excess of three square feet and which must state the name and address of the licensed establishment. Existing structures shall have 90 days subsequent to the effective date of this section to comply with this provision. The front door shall bear the address in three inch characters.

(3)

Hours-of-business sign. One hours-of-business sign shall be permitted on a door or adjacent window with letters not in excess of two inches in height and total area not in excess of two square feet.

(4)

Movie theaters.Movie theaters shall be permitted an additional sign to those listed in subsections (b)(1) and (b)(2) to display changeable copy not to exceed 50 square feet in sign area. Multiple theaters shall be permitted additional sign area, not to exceed 25 square feet per additional screen.

(5)

Shopping center ground signs. One ground box sign or ground sign shall be permitted in a shopping center not to exceed the size limitations as delineated herein below. A second ground box sign or ground sign will be permitted if said center fronts on two main thoroughfares of at least secondary arterial designation (80-foot right-of-way). Ground sign with tenant parcels must have a uniform background color and lettering must match shopping center sign package or approved trademark. Ground signs need to display the center name and address or address range. No shopping center ground sign shall exceed the size delineated below:

(6)

Under-canopy signs. Individual business under-canopy signs may be permanently installed in shopping centers perpendicular to the storefront and equidistant between the storefront and the canopy edge, centered in the store frontage. Under-canopy signs shall be no longer than 50 percent of the width of the canopy up to a maximum of four feet in width. The height of the sign shall be no more than 30 inches, inclusive of suspension devices. The copy displayed is to be used only to indicate to the public the legal or exact firm name or the main character of the business carried on therein or thereon. Internal illumination is permitted. A minimum of eight foot clearance from bottom of signs to walkway shall be required. The colors proposed may not have to comply with the approved shopping center sign package at the recommendation of the Community Appearance Board and upon approval of the City Commission. Under-canopy signs shall be suspended by rigid mount so as to prohibit any movement of the sign.

(7)

Trademark. When a trademark is incorporated within a sign, the trademark shall not comprise more than 20 percent of the total sign area, provided that the product or services illustrated by the trademark do not constitute the principal business of the establishment. Trademark colors shall match approved sign package colors.

(8)

Shopping center sign plan.

a.

Shopping center sign plan required. A uniform sign plan must be presented to and reviewed by the Development Review Committee and the Planning and Zoning Board for all shopping centers at the next regular meeting after the application is submitted in an acceptable form in accordance with this article. The Development Review Committee and the Planning and Zoning Board shall review the application and make a recommendation to the City Commission either at the first meeting or at the next regular meeting. The review and recommendation of the Planning and Zoning Board shall relate only to compliance with the following criteria:

1.

All signs shall conform to this article.

2.

All sign plans shall be coordinated through and approved by the shopping center owner.

3.

A uniform sign plan shall be presented for the whole shopping center that shall be compatible with the architectural design of the entire center and enhance the aesthetics of the center.

4.

Signs shall be approved by the City Commission as a unit.

5.

Box or cabinet signs shall be allowed when presented as part of a unit plan for a shopping center.

6.

All signs shall conform to color criteria as approved by the City Commission.

7.

Colors shall be limited to no more than four.

b.

Amendments to approved shopping center sign plans. Applications for amendments to approved shopping center sign plans, which do not involve any sign waiver requests, except those granted administratively pursuant to section 25-29(b), and otherwise meet City Code requirements, shall be subject to administrative review and approval by the City's Growth Management Department which may grant or deny the amendment and may impose such conditions as deemed necessary. Applicants whose petitions are denied by the Growth Management Department may appeal that decision to the City Commission by filing a written request to the City Commission within 30 days of such denial.

(9)

Freestanding buildings.

a.

Shopping center outparcels. Freestanding structures within shopping centers (out-parcels) shall be permitted one primary wall sign in accordance with the provisions of this section, and one secondary wall sign, which shall not exceed the size of the primary sign. If the owner chooses not to install a primary and secondary sign, the owner shall be permitted to erect wall signs on not more than four sides of the building, but only in the secondary size of ⅔ the size of the primary wall sign.

b.

Not in shopping centers. Freestanding buildings which are not a part of a shopping center shall be permitted a ground box or ground sign on a lot with a minimum of 100 feet of primary frontage. In addition to a ground sign or ground box sign, one of the following may be selected:

1.

Option No. 1: the business may also be permitted to erect a wall or canopy sign facing the primary frontage one-half the size as delineated in subsection (b)(5), shopping center ground signs.

2.

Option No. 2: if the owner chooses not to use a ground sign, he shall be permitted to erect a wall or marquee sign facing the primary frontage as delineated in subsection (b)(5), shopping center ground signs. The owner shall also be permitted signs on two side walls, if not facing a residential neighborhood, one-third the size as delineated in subsection (b)(5), shopping center ground signs.

(10)

Commercial directory signs. Commercial directory signs may be permanently installed in shopping centers provided they are installed within the setback envelope included for each zoning district and included in the uniform sign criteria approved by the City Commission.

(11)

Major retail uses.

a.

Shall be permitted one primary wall sign on the front of the building, with lettering not to exceed 42 inches in overall height and overall length not to exceed 27 feet.

b.

Shall be permitted up to two additional secondary signs to display types of products sold, types of services available or secondary tenants to the major retail use. The secondary sign(s) shall not exceed 28 inches in overall height and 18 feet in overall length.

(c)

Project and information signs.

(1)

Permanent subdivision signs or project signs shall conform to City sign criteria and shall not exceed 32 square feet in area nor six feet above the crown of any abutting road or street and shall include landscaping.

(2)

Noncommercial directional or information signs shall not exceed one and one-half square feet in area and shall conform to the City's sign criteria.

(d)

Municipal signs. The construction and design of municipal signs shall be in accordance with City design criteria and specifications for signs, provided that this requirement shall not apply to any traffic-control sign, the design of which is prescribed by state law.

(e)

Service station signs:

(1)

Applicability. To the extent that this subsection conflicts with standards set forth within county ordinance No. 80-71, as amended, relative to gasoline pricing signs, the provisions of this subsection shall apply.

(2)

Gasoline pricing signs. Every person, firm or corporation owning and/or operating a service station shall clearly and conspicuously post the prices of all gasoline and/or petroleum products available for sale, in accordance with one of the following standards:

a.

Pricing signs shall be architecturally/graphically integrated into each face of a ground box sign, as permitted by subsection (c)(9)b. Pricing sign colors shall be limited to two which shall match the ground box sign colors, and where applicable, shopping center sign package colors. Pricing signs shall include one price per type of gasoline product dispensed, with each displayed in equal size and prominence in not less than eight inches high nor more than 16 inch high characters, with tenths proportionately sized; with type of service and method of payment in characters not to exceed 25 percent of the height of the pricing characters; pricing sign shall be illuminated in the same manner as the ground box sign.

b.

Pricing signs shall be architecturally/graphically integrated into each face of permitted primary/secondary wall sign. Pricing sign colors shall be limited to two, which shall match the wall sign colors, and where applicable, shopping center sign package colors. Pricing sign shall include one price per type of gasoline product dispensed with each displayed in equal size and prominence in not less than eight inches high nor more than 16 inch high characters, with tenths proportionately sized; with type of service and method of payment in characters not to exceed 25 percent of the height of the pricing characters; pricing signs shall be illuminated in the same manner as the wall sign.

(3)

Type of service sign. Every person, firm or corporation owning and/or operating a service station, shall clearly and conspicuously post a type of service sign in accordance with the following standards:

a.

A maximum of one double-faced or two single faced signs shall be posted per pump island, not to exceed one and one-half square feet per sign face.

b.

Such signs are to be located at the pump island and shall designate whether pumps are full-service or self-service.

c.

Colors shall be limited to two, which must match the primary sign colors.

(4)

Other signs. No other signs shall be displayed at service stations, except as permitted in this section, or as required by federal or state law.

(5)

Nonconforming uses. All service stations existing prior to the effective date of this section shall have 90 days in which to comply with the provisions of this section or such facility shall be subject to the penalty as provided for in section 21-7, enforcement and penalties.

(Ord. No. 96-6-2, § 2, 6-28-96; Ord. No. 01-4-4, § 1, 4-24-01; Ord. No. 16-6-1, § 2, 6-21-16; Ord. No. 18-5-2, § 2, 6-19-18; Ord. No. 18-5-3, § 2, 6-19-18; Ord. No. 19-4-1, § 2, 2019; Ord. No. 19-5-2, § 2, 2019; Ord. No. 25-12, § 2, 8-26-25)

Only such temporary signs as are prescribed in this section, which conform to the provisions of this article, shall be permitted to be erected or maintained upon any lot, plot or parcel of land or leasable space. No signs so permitted, however, shall exceed six feet in height above the crown of any abutting road. No wall or window sign shall be permitted higher than the first story. No sign shall be permitted in the public right-of-way except as authorized by this article.

(a)

Real estate signs. Real estate signs shall be permitted without a permit.

(1)

One freestanding sign shall be allowed to be placed along each street property line. Golf course lots and waterfront lots are allowed one additional sign in the rear yard.

(2)

Real estate signs shall not exceed four square feet in area and shall not be located closer than six feet from a property line.

(3)

A maximum of three real estate accessory signs may be attached to the real estate sign for temporary use during relevant times only. A real estate accessory "open house" sign may be hung only when the premises are actually available for inspection by the prospective buyer or tenant. In addition, a sold sign may be attached to the sign for a period of seven days subsequent to the date of closing. The maximum permitted size of such real estate accessory signs is eight inches by 24 inches.

(4)

Notwithstanding the above, real estate signs on undeveloped commercial, business, agricultural and industrial land shall not exceed 32 square feet.

(5)

Real estate signs and real estate accessory signs shall be removed when no longer relevant, but no later than seven days following the closing of the sale of, or leasing of, the subject property.

(6)

Temporary open house signs which shall be permitted in addition to the real estate signs and real estate accessory signs otherwise allowed by this subsection, subject to compliance with the following requirements:

a.

One free-standing temporary open house sign may be located upon the premises of the property for sale or lease. A maximum of four open house signs may be located off the site of the subject property, to serve to direct persons to the subject property.

b.

Temporary open house signs shall not exceed four square feet per sign.

c.

Temporary open house signs may be located:

i.

Within the swale area of the right-of-way, provided that the signs shall not obstruct any line of sight for safe vehicular, bicycle or pedestrian traffic, and shall not be located in any roadway median.

ii.

On private property with the property owner's permission.

d.

No more than one temporary open house sign per real estate agent or homeowner shall be placed in a permitted display area. Temporary open house signs shall only be staked to or pressed into the ground and shall not be attached to existing signs, trees, poles or other structures.

e.

Temporary open house signs shall be made of corrugated plastic, wood, aluminum or steel, and support posts shall be made of aluminum or steel only.

f.

Temporary open house signs shall be displayed in a clean, well maintained condition, free of deterioration and discoloration.

g.

Temporary open house signs may be displayed Saturday and Sunday, and shall be posted or placed no earlier than 10:00 a.m. and removed by 6:00 p.m. each day.

h.

The sign may include the words "open house" and address of the open house location. The real estate agent or property owner's name and phone number shall be provided.

(b)

Announcing signs. Announcing signs are permitted in all zoning districts except R-1-A, R-1-B, R-1-C, R-1-D and R-2.

(1)

One freestanding sign is allowed per project.

(2)

The sign area is not to exceed 32 square feet.

(3)

The sign copy may include only:

a.

Project name;

b.

Name of development;

c.

Owner or agent;

d.

Telephone number.

(4)

The sign may be posted for no more than 60 consecutive days at the end of which time the sign shall be removed. The announcing sign shall be removed prior to the placement of a project sign.

(c)

Project signs. Project signs are permitted in all zoning districts, subject to the following standards.

(1)

One freestanding project sign is allowed per project per main entrance.

(2)

The sign area of a project sign shall not exceed 32 square feet in all zoning districts (i.e., four feet by eight feet).

(3)

The sign copy may include only:

a.

Name of project;

b.

Nature of development;

c.

General contractor;

d.

Architect;

e.

Lending institution;

f.

Owner or agent;

g.

Telephone number.

(4)

Project signs shall be permitted to be posted from date of building permit up to 30 days after the date of certification of occupancy is issued on 80 percent of the construction contemplated on the approved site plan or plat.

(d)

Directional or information signs. Directional or information signs shall not exceed two square feet in area and shall not be placed off the premises or in the public right-of-way. The number and location of directional or information signs shall be in accordance with an approved shopping center sign plan or site plan.

(e)

Temporary subdivision signs. Temporary subdivision signs shall not exceed 32 square feet in area nor extend six feet above the crown of any abutting road or street.

(f)

Model signs. Model signs are permitted in all residential zoning districts, subject to the following standards.

(1)

No more than one freestanding sign shall be allowed per model.

(2)

The sign area of a model sign shall not exceed three square feet.

(3)

The sign copy may include only:

a.

Model or complex name;

b.

Builder, architect, agent;

c.

Number of bedrooms and baths;

d.

Telephone number;

e.

Prices.

(4)

One flag per model is permitted.

(5)

Model signs shall be renewable on a yearly basis by the City Commission.

(g)

Election signs.

(1)

Within any zoning district in which residential use is permitted, an election sign shall be limited to a maximum of four square feet in area. Within any other zoning district, the sign area of an election sign shall not exceed 32 square feet (i.e., four feet by eight feet).

(2)

Temporary election signs shall be limited on private property to one sign per candidate or issue and may be placed on private property for a time period not to exceed 120 days per year.

(h)

Banner signs/banner flags. Business establishments desiring to display banner signs and/or banner flags for a grand opening must obtain a permit and pay the applicable fee. The permit will allow the display of these banners and/or banner flags for a period of no more than 28 consecutive days. Banners may be attached to buildings or secured to poles designed for the banner and shall not be placed in a public right-of-way. For the purposes of this section, the term "grand opening" means the first opening of a business establishment to the public after the issuance by the City of the initial Local Business Tax Receipt for the business at that location.

One banner flag may also be permitted for a grand opening along each street frontage of the shopping center, outparcel, or freestanding business. Said banner flag may be located at one entrance along each street frontage. Banner flags shall be limited to ten feet in height and shall be setback at least ten feet from property lines or adjacent rights-of-way and shall not otherwise obstruct clear lines of sight in the adjacent sight distance triangles.

For the purposes of this section, the term "grand opening" means the first opening of a business establishment to the public after the issuance by the City of the initial Local Business Tax Receipt for the business at that location.

(i)

Garage sale signs. Garage sale signs shall be regulated by section 14-18 of the City's Code of Ordinances.

(j)

Community service signs.

(1)

Community service signs located within nonresidential zoning districts shall not exceed 16 square feet in area with a maximum height of four feet. Community service signs located within residential zoning districts shall not exceed eight square feet in area with a maximum height of four feet.

(2)

Community service signs shall not be posted for a period of more than 30 days prior to the event or activity to which they relate, and shall be removed within seven days after the conclusion of such event or activity.

(k)

Free expression sign. In addition to other signs allowed by this Code, for each residential parcel within the City, one free expression sign not exceeding four square feet in area may be displayed on each frontage per parcel. The free expression sign may be displayed as an attached wall sign, window sign, or as a freestanding sign.

(l)

School sponsor signs. When visible from a public-right-of-way, school sponsor signs providing only the sponsor and the program sponsored may be installed, at elementary and secondary schools, subject to each of the following standards.

(1)

Size. The signs shall be four feet by four feet or four feet by eight feet.

(2)

Color. The front of the signs and all lettering shall be in the school colors, or if necessary to provide legibility, a uniform alternate palette not to exceed three colors. Copyrighted trademarks and/or corporate logos are not subject to the color limitations provided herein and may be permitted in their standard color(s). The backs of signs shall be a uniform color.

(3)

Visibility. The text and graphics of a sign shall not be visible from more than one public right-of-way.

(4)

Illumination. Illumination of school sponsor signs is prohibited.

(5)

Location. The signs may only be located along fences or walls of eight feet in height or less, adjacent to or enclosing athletic fields, playgrounds, parking lots, or similar areas. Only one row of signs is permitted on any given fence or wall and all signs shall be posted at the same height, centered vertically on the fence or wall.Schools may utilize only one street frontage for the School Sponsorship Sign Program. If a school has multiple street frontages, the highest street classification level, as determined by the Growth Management Department, shall be designated for the school sponsorship signs. There shall be at least two feet horizontally, edge to edge, between signs to ensure visibility and safety.

(6)

Installation and maintenance. Signs shall be maintained in a neat and orderly manner. Dilapidated or deteriorated signs including signs that are faded, discolored, tattered or otherwise of unacceptable appearance, shall be removed by the school or at the request of the City. Signs shall be installed or fastened in a manner consistent with standard practices and such installation or fastening shall be maintained in a manner consistent with standard practices.

(7)

Duration. Signs may be placed for no longer than the duration of the academic school year, from August of a given calendar year, to May of the following calendar year.

(8)

School Sponsorship Sign Program. Each school desiring to place school sponsor signs shall annually submit a School Sponsorship Sign Program together with the applicable, administrative review fee. The School Sponsorship Sign Program shall be reviewed and approved by the Growth Management Department based on consistency with this section. Approval of a School Sponsorship Sign Program shall be valid for the school year in which it is approved. The School Sponsorship Sign Program submitted to the City shall consist of the items listed below.

a.

Name. School name and address.

b.

Contact information. Name and telephone number of the school principal and the person at the school responsible for implementation of the school's Sponsorship Sign Program.

c.

Program guidelines. Guidelines and requirements addressing the standards of this section including:

i.

Size. The standard size requirements for each sign. All signs shall be required to be the same size and shape, not exceeding the maximum size limitations of this article.

ii.

Colors. Proposed colors for sponsor signs, including the color proposed for the back of signs and color or colors proposed for the text and logos located on the front of signs.

iii.

Location. Proposed location for installation of signs. It is the intent of this section to have the location of sponsor signs consolidated into a single area or areas commonly utilized for sponsor signs.

iv.

Installation. Detailed description of the installation and fastening mechanisms, tools and requirements.

v.

Schedule. Date of installation of the signs, which to the extent possible should be installed at the same time, and date of removal of the signs. All signs shall be removed at the same time no later than the last day in May.

(9)

Exceptions. The requirements of this section shall not apply to the types of signs listed below.

a.

Interior signs. Signs located within school buildings, within courtyards or similar areas visible only from within a school or school campus, or in similar locations.

b.

Stadiums and athletic fields. Signs, no part of which are visible from a public right-of-way or adjacent residence, installed along the bottom of outfield fences or walls in a stadium or along bleachers associated with an athletic field.

c.

School name. Signs and lettering containing only the school name and logo.

d.

Traffic control and information. Signs associated with traffic control, directional signs or similar informational signs.

e.

Other permitted signage. Signs otherwise permitted or allowed under other provisions of this Code.

(10)

Exemption.

a.

Signs posted in compliance with a City-approved School Sponsorship Sign Program or Cooper City Optimist Sponsorship Sign Program set forth in subsection (m) shall be exempt from the bonding requirements of Section 25-24(m)(l)a.

b.

If the Community Development Department determines that the proposed School Sponsorship Sign Program submitted for review is identical to the prior City-approved School Sponsorship Sign Program, the administrative review fee shall be waived.

(m)

Cooper City Optimist sponsor signs. Cooper City Optimist sponsor signs may be installed, at the City's sport complexes (Flamingo West Park, Suellen Fardelmann Park, Bill Lips Park), subject to each of the following standards.

(1)

Size. The signs shall be limited to two allowable sizes at each location, as may be determined by the City Manager.

(2)

Color. The front of the signs and all lettering shall be in the Cooper City Optimist colors, or if necessary to provide legibility, a uniform alternate palette not to exceed three colors. Copyrighted trademarks and/or corporate logos are not subject to the color limitations provided herein and may be permitted in their standard color(s). The backs of signs shall be a uniform color.

(3)

Illumination. Illumination of Cooper City Optimist sponsor signs is prohibited.

(4)

Location. The signs may only be located along fences or walls of eight feet in height or less, adjacent to or enclosing athletic fields. Only one row of signs is permitted on any given fence or wall, and all signs shall be posted at the same height, centered vertically on the fence or wall. There shall be at least two feet horizontally, edge to edge, between signs to ensure visibility and safety.

(5)

Installation and maintenance. Signs shall be maintained in a neat and orderly manner. Dilapidated or deteriorated signs including signs that are faded, discolored, tattered or otherwise of unacceptable appearance, shall be removed by the Cooper City Optimist or at the request of the City. Signs shall be installed or fastened in a manner consistent with standard practices and such installation or fastening shall be maintained in a manner consistent with standard practices.

(6)

Duration. Signs may be placed for no longer than the duration of the calendar year.

(7)

Cooper City Optimist Sponsorship Sign Program. Each sports complex desiring to place Cooper City Optimist sponsor signs shall annually submit a Cooper City Optimist Sponsorship Sign Program together with the applicable, administrative review fee. The Cooper City Optimist Sponsorship Sign Program shall be reviewed and approved by the Community Development Department based on consistency with this section. Approval of a Cooper City Optimist Sponsorship Sign Program shall be valid for the year in which it is approved. The Cooper City Optimist Sponsorship Sign Program submitted to the City shall consist of the items listed below.

a.

Name. Cooper City Optimist and address of park.

b.

Contact information. Name and telephone number of the Cooper City Optimist President and the person at the Cooper City Optimist responsible for implementation of the Cooper City Optimist's Sponsorship Sign Program.

c.

Program guidelines. Guidelines and requirements addressing the standards of this section including:

i.

Size. The standard size requirements for each sign. All signs shall be required to be the same size and shape, not exceeding the maximum size limitations of this article.

ii.

Colors. Proposed colors for sponsor signs, including the color proposed for the back of signs and color or colors proposed for the text and logos located on the front of signs.

iii.

Location. Proposed map/location for installation of signs. It is the intent of this section to have the location of sponsor signs consolidated into a single area or areas commonly utilized for sponsor signs.

iv.

Installation. Detailed description of the installation and fastening mechanisms, tools and requirements.

v.

Schedule. Date of installation of the signs, which to the extent possible should be installed at the same time, and date of removal of the signs. All signs shall be removed at the same time no later than the last day in December.

(n)

Sidewalk or Sandwich signs. Placement of sidewalk or sandwich signs shall be consistent with the following guidelines:

(1)

Number of Signs. One sidewalk or sandwich sign may be located and maintained as described in this subsection.

(2)

Placement. The A-frame or sidewalk sign must be placed on the walkway adjoining the front entry of the business which erects or maintains the sign and must be within six feet of the front entry door.

(3)

Free Standing. The sign must be free standing, in that it shall stand on its own base and not be attached to the building or floor in any fashion.

(4)

Size. The sign may not exceed four feet in height at the highest point as measured from grade and two feet in width. The support base of the sign may not exceed six square feet at the point where the sign rests upon the ground.

(5)

Time of Display. The sign must pertain to the business and may be displayed only when the business, which has placed or maintained the sign, is open to the public and shall not be left outside while the business is not open to the public nor when there are high winds or other hazardous weather conditions.

(6)

Clearance for pedestrians. The sign must be erected or maintained so that there is at least 40 inches of clearance adjacent to the sign on the walkway and meet any other requirement of the Americans with Disabilities Act (ADA).

(7)

Enforcement/violations. A-frame or sidewalk signs posted in violation of the required posting time or conditions provided herein shall be subject to removal by City public safety or code compliance personnel. Any such sign deemed to be a safety hazard may be removed immediately by public safety or code compliance personnel.

(o)

Temporary signs; requirements.

(1)

Location; limitation; removal.

a.

No temporary sign of any type or size whatsoever shall be erected or maintained within any public right-of-way except as authorized by this article, or upon any property owned or leased by the City of Cooper City.

b.

No temporary sign may be erected on any property in such a manner to preclude or limit the sight distance visibility of drivers of motor vehicles.

c.

Any person or organization who constructs, erects or causes to be erected a temporary sign and the owner or lessee of the property where a temporary sign is located, shall be responsible for any hazard to the general public which is caused by, created by reason of the construction or maintenance of temporary signs.

(p)

Temporary signs; violations.

(1)

The erection and removal of all temporary signs shall be the joint responsibility of the owner of the property upon which such signs are placed and of the owner of such signs. Each such person shall be jointly and severally liable for a violation of the terms and conditions of this section.

(2)

Any temporary sign not constructed or erected in accordance with the provisions of this section and any such sign which exists in violation of this section shall be deemed to be a public nuisance and shall be subject to removal by the City. Unless otherwise provided by resolution of the City Commission, the cost of removal shall be $20.00 per sign.

(3)

Any temporary signs which are in violation of this section shall be immediately removed by the City and the person or persons responsible for erecting said signs in violation of this section shall be subject to a fine of $50.00, in addition to the charge for removal of the sign(s) in accordance with subsection (b).

(4)

Any temporary signs not removed within seven days from the date of required removal pursuant to this section, shall be removed by the City, and the costs of removal shall be billed to the person or persons responsible for the sign(s). Signs which are removed shall be held by the City for a period of 15 days following removal, and the person or persons responsible for erecting said signs shall be authorized to pick up the signs from the City during this time. Following this 15-day period, the City may dispose of such signs. The City shall bear no liability for damage to or return of such signs.

(5)

A violation(s) of this section shall be prosecuted in accordance with chapter 13, article VI, of this Code or through any other supplemental municipal code or ordinance enforcement procedures available to the City under the Florida Statutes, this Code, or both.

(Ord. No. 01-4-4, § 1, 4-24-01; Ord. No. 12-1-1, § 3, 1-10-12; Ord. No. 15-4-1, § 3, 4-28-15; Ord. No. 15-6-1, § 2, 6-16-15; Ord. No. 18-10-1, § 3, 10-9-18; Ord. No. 18-10-2, § 2, 10-9-18; Ord. No. 19-7-3, § 2, 8-20-19; Ord. No. 21-4, § 2, 2-9-21; Ord. No. 24-03, § 2, 3-12-24; Ord. No. 25-10, § 2, 8-26-25)

(a)

All nonconforming signs or advertising structures shall be removed, or shall be altered so as to conform to the provisions of this article as per the schedule below which indicates the phase-out period from the date the sign became nonconforming.

(8)

All other nonconforming signs shall have a phase-out period of one year, provided that, beginning June 6, 1978, any owner or agent of any such nonconforming sign or signs may register with the Building Department for an application for an extension to the phase-out period to extend to a total of three years from the date the sign became nonconforming. This extension shall be granted only once.

(b)

Nonconforming signs shall not be refurbished, altered or changed in any way unless they are made to conform with all the requirements of a new sign or advertising display.

(c)

If any nonconforming sign is damaged by any cause and the cost of repairing the sign equals 50 percent or more of the original invoiced cost of the sign, then its classification as a nonconforming sign under this section shall be automatically revoked and repairs shall be made so that the sign shall meet all the requirements of this article.

(a)

Generally.

(1)

Window signs shall be allowed on nonresidential property in accordance with the requirements of this section.

(2)

Window signs, whether permanent or temporary, shall not constitute in excess of 25 percent of the window area, provided, however, that no single permanent window sign shall exceed 60 square feet in sign area and no single temporary window sign shall exceed 32 square feet in sign area.

(3)

For the purposes of this section, the term "window area" shall mean the total area of glass on the front and/or side of a business, exclusive of glass doors.

(4)

Window decorations for the holiday season (October 15 through January 5), attached to any window shall be exempt from the provisions of this section.

(5)

Window signs shall be exempt from the annual inspection requirements set forth in section 25-30 of this chapter.

(6)

Measurement.

a.

For window signs enclosed within a border or encased within a background other than the clear glass, the measurements shall be taken from top to bottom and outside edge to outside edge of the border or background.

b.

For signs which are comprised of individual letters and/or graphics affixed directly to the window glass with no border or background, measurements shall be accomplished by measuring each line of type or graphic from top to bottom and from outside edge to outside edge of the farthest most letters, including all spacing between letters and/or words and including the clear spaces within the letters themselves.

c.

For signs comprised of individual letters which are affixed directly to the window glass with no border or background and which have anomalous spacing between the letters, the area of each individual letter shall be measured as described in subsection b, above.

(b)

Temporary signs.

(1)

Signs announcing sales or other temporary events shall be permitted for not more than 30 consecutive days, per each calendar year quarter.

(2)

All temporary signs shall be lettered in a professional manner and maintained in good condition.

(3)

Any owner or person entitled to possession of any vacant store is hereby prohibited from displaying upon the windows of the vacant store any sign, lettering or printed matter except one sign, consisting of a maximum of six square feet, advertising the availability of the premises.

(4)

To the extent that a temporary window sign with commercial content is allowed by this subsection, an identical temporary window sign with noncommercial content is also allowed, provided that such sign otherwise conforms with the requirements of this article.

(5)

A grand-opening sign not constituting in excess of 25 percent of the window area to a maximum of 60 square feet, including background, may be posted on the window surface for a period of time not to exceed 14 days within 90 days after the date of the issuance of the initial occupational license.

(6)

A going-out-of-business sign not constituting in excess of ten percent of the window area, including background, may be posted in the window surface for a period of time not exceeding 14 days. This sign may be permitted only once at any one location for any one use by any one proprietor.

(c)

Permanent signs.

(1)

Permanent window signs shall be comprised of two colors on a clear background per location and shall be painted or affixed directly onto the window surface. The total area of such sign shall not exceed 25 percent of the total window area, or 60 square feet, whichever is less.

(2)

Information permitted to be included in such permanent window signs shall be the business name, business address, hours of operation, business telephone number and a description of the nature of the business and/or the services offered by the business, and a registered, copyrighted trademark or corporate logo.

(3)

Permanent window signs which have been installed prior to the effective date of this section, (January 14, 2003), shall be brought into compliance with the provisions of this section within one year of such effective date.

(d)

Lighting.

(1)

Only low-intensity lighting, not exceeding two foot-candle power as measured from a distance of 25 feet from the window wall, shall be utilized.

(2)

Continuous and/or intermittent, multi-colored electric lighting shall be permitted during the holiday season (October 15 through January 5). Strobe lighting is not permitted at any time.

(3)

Lighting fixtures or chandeliers within the interior of the business, whether or not they contain lettering, graphics, logos, or symbols, are not considered window signs or lighting.

(4)

One lit "open" window sign shall be permitted per business establishment, subject to the following:

a.

Lettering shall be limited to the word "open" and the sign shall be absent of any other lettering or graphics of any kind except that a continuous single border shall be allowed.

b.

Lighting shall be continuous and shall be absent of any flashing or any animation.

c.

Lettering shall be limited to a single color of either red, white, or blue. If a continuous single border is used, such border shall be limited to a single color of either red, white, or blue although such single color is not required to be the same single color as the lettering.

d.

The background, support and any visible structural component of the sign shall be limited to be clear (colorless), black, or bronze, or a combination thereof.

e.

The sign shall be limited to no greater than three square feet in area.

f.

The sign shall be turned off and non-illuminated when the location is closed.

g.

The color of the lit open window sign shall not be considered in review of the color of other window signage at the location. Any and all requirements of the Florida Building Code, including, but not limited to, electrical regulations, shall be satisfied.

(5)

Lit window signage is restricted to business hours only.

(6)

Continuous electric lighting (incandescent, fluorescent or neon) mounted within and attached to the window casements as a border is prohibited.

(Ord. No. 2003-1-1, § 2, 1-14-2003; Ord. 09-11-1, § 2, 11-3-09; Ord. No. 12-1-1, § 3, 1-10-12; Ord. No. 22-4, § 2, 4-12-22; Ord. No. 22-26, § 2, 12-13-22)

(a)

Required. Any person wishing to install, alter or cause to be installed or altered within the municipal limits of the City any sign, whether permanent or temporary, must first obtain a permit from the Building Department of the City. The permit shall be issued by the Building Department only after determination has been made that full compliance with all conditions of this article have been met and complied with.

(b)

Application. Applications for a permit required by this section shall be filed with the Building Department and shall contain the following information:

(1)

Name and address of the owner of the proposed sign or his authorized agent;

(2)

Type of sign and/or sign structure with all relevant dimensions;

(3)

Location of premises upon which the sign is to be located;

(4)

A plan or design of the sign showing the square foot area of the sign as well as the sign face, height of letters, lettering style, colors, materials, lighting equipment, if andy, and its position relative to the building and/or property line;

(5)

Estimated value of sign;

(6)

Such other structural and technical information as may be required by the Building Department.

(c)

Fees. A non-refundable permit fee is due and payable prior to issuance of a sign permit. Sign permit fees shall be established by resolution of the City Commission, and may be amended from time to time.

(d)

Issuance; labels to be affixed. If, upon examination, the Building Department determines that an application is in conformance with the provisions of this article, a written permit shall be issued authorizing the installation of the referenced sign. With each permit, the Building Department shall issue a label bearing the number of the permit and further identifying specifically the sign which the permit authorizes. The label shall then be affixed to the sign by the permittee in a manner so that the permit will be readily visible for inspection purposes. Absence of such a label upon any sign constructed or installed within the municipal limits shall be prima facie evidence of failure to meet the requirements of this article.

(e)

Revocation. Permits issued under this section may be revoked by the Building Department upon determination that the sign is not in full compliance with the provisions of this article. Further, if the sign authorized by any permit has not been constructed within three months after the date of issuance of any permit, then the permit shall automatically be revoked.

(f)

Exempt signs. The following signs, while covered by the general provisions of this article, shall be exempt from the permit requirements of this section. This exemption specifically in no way waives requirements of sign criteria, structural and/or safety requirements outlined by this article and/or the South Florida building code.

(1)

Community service signs;

(2)

Signs installed under the direction of a federal, state, county and/or municipal agency;

(3)

Temporary window signs;

(4)

Real estate signs;

(5)

Nameplate signs and identification signs when letters for the signs do not exceed six inches in height and when the signs do not exceed two square feet in overall dimensions;

(6)

Signs indicating the availability of accommodations in hotels, motels, etc., when the signs conform with all other provisions of this article and when the signs do not exceed one and one-half square feet;

(7)

A sign indicating the price of gasoline available, permanently displayed on each pump island, not to exceed three square feet;

(8)

Election signs;

(9)

Free expression signs;

(10)

Window signs.

(Ord. 01-4-4, § 1, 4-24-01; Ord. No. 12-1-1, § 3, 1-10-12; Ord. No. 22-4, § 3, 4-12-22)

(a)

Structural requirements.

(1)

All structural members utilized in the construction or erection of signs shall be concealed except for vertical supports or other supporting members which are designed and arranged so as to be an integral part of the aesthetic composition of a sign.

(2)

Ground signs and ground box signs permitted by this article shall not exceed the height set forth in table 25-23(b)(5) above the crown of any abutting road or nearest road, with means of support concealed.

(3)

All letters or symbols three inches or larger on permanent identification signs must extrude from or intrude into the sign face a minimum of three-eighths of an inch except in box or cabinet signs.

(4)

All wood permitted to be used, whether for new permanent signs, for replacement of existing permanent signs, or for any part thereof, shall be rot-resistant and termite-resistant, through open cell preservation methods as specified by American Wood Preservation guidelines, except in woods that have natural properties that are termite-resistant and rot-resistant. Examples of wood to be used are cypress, cedar and redwood.

(5)

Electrical conduit, boxes and fittings must be located in the least visible area of the sign installation and shall be serviced by underground wiring, unless the wiring is classified as temporary by Florida Power & Light Company.

(6)

Permanent signs shall not utilize more than three colors, including background color. For the purpose of this article, white shall be considered a color.

(7)

All wall signs shall be mounted flush to a continuous flat surface at least equal in size to the sign perimeter and under no circumstances shall any structural elements supporting the sign be visible.

(8)

No wall sign shall be closer than two feet from the vertical edge of a facade, nor closer than one foot from the top or bottom of a facade.

(9)

No more than one sign shall be permitted per street frontage.

(10)

The maximum height to the top of the sign for freestanding signs shall not exceed six feet.

(11)

All ground signs shall be placed a minimum of ten feet from all property lines.

(b)

Maintenance. Every sign, together with its framework, braces, angles or other supports, shall be maintained in a safe condition, properly secured, supported and braced and able to withstand wind pressure as required by the South Florida building code or any other regulatory code or ordinance within municipal limits. The sign's degree of illumination shall not be contrary to the public safety as determined by the local law enforcement officials.

(c)

Location. No sign or support shall be placed in such position or manner as to obstruct or interfere, either physically or visually, with any fire alarm, traffic signal or sign, or with any devices maintained by or under public authority for ingress or egress from any public or private right-of-way, roadway or driveway.

(Ord. No. 25-12, § 3, 8-26-25)

(a)

Permanent window signs.

(1)

Any person seeking a waiver from the provisions of this article for permanent window signs shall file a petition with the City accompanied by a nonrefundable application fee in accordance with the Growth Management Department's fee schedule.

(2)

Applications for sign waivers for permanent window signs shall be reviewed by the Planning and Zoning Board.

The Board shall make a recommendation to approve or deny the application to the City's Development Review Committee. The Development Review Committee will then, based on the City Code and the Board's recommendation, make a final decision to grant or deny the waiver. Applicants whose petitions are denied by the Development Review Committee may appeal that decision to the City Commission by filing a written request to the City Commission within 30 days of such denial.

(b)

Trademarked or nationally recognized logos. Applications for sign waivers from established colors for permanent signs which are necessary to permit trademarked or nationally recognized logos shall be subject to administrative review and approval by the City's Growth Management Department. The Growth Management Department may grant or deny the waiver permitting the waiver from established colors for the trademarked or nationally recognized logo and may impose such conditions as deemed necessary. Applicants whose petitions are denied by the Growth Management Department may appeal that decision to the City Commission by filing a written request to the City Commission within 30 days of such denial.

(c)

All other signs.

(1)

Any person seeking a waiver from the provisions of this article for signs other than permanent window signs shall file a petition with the City Clerk accompanied by a nonrefundable application fee in accordance with the Growth Management Department's fee schedule.

(2)

Applications for waivers for signs other than permanent window signs shall be reviewed by the Planning and Zoning Board and the City's Development Review Committee. The final decision to grant or deny the waiver petition shall be made by the City Commission.

(3)

Applications for waivers for signs other than permanent window signs which seek no more than a 15 percent deviation from applicable size requirements may be approved administratively by the Growth Management Director or his/her designee. In the event of a denial of such administrative approval requests, the applicant may appeal pursuant to the procedures described in sections (c)(1) and (c)(2) above.

(d)

Conditions for granting waivers. Waivers may only be granted by the City where at least one of the following criteria is determined to be met.

(1)

Signs permitted under this article cannot be properly viewed due to physical site distinctions other than those imposed by City ordinances or created by the petitioner.

(2)

The architectural design of a structure and/or site plan poses unique and extenuating characteristics whereby waiver of sign code provisions is in the City's best interests.

(3)

Literal enforcement of this article would result in unreasonable and undue hardship upon the petitioner.

(Ord. No. 2003-1-1, § 3, 1-14-2003; Ord. No. 16-6-1, § 3, 6-21-16; Ord. No. 18-7-2, § 2, 2018)

(a)

Annual; fee. The Chief Building Official shall inspect, or cause to be inspected, all permanent signs located within the City at least once in each year, prior to the renewal of their occupational licenses. A reinspection fee of $15.00 will be charged.

(b)

Owner required to correct defects. Upon such inspection, this article shall require the owner of any sign found to be in defective condition or which does not comply with the terms, conditions and provisions of this article, to be repaired or removed within 30 days from the date of notice of the defect; provided, however, that if the Chief Building Official shall ascertain and determine that the maintenance or use of the sign shall adversely effect the public safety, he may require the immediate removal at the owner's expense or prohibit the use of the sign until the defects shall have been remedied.

(c)

Removal. The Chief Building Official shall then have the authority, upon two weeks' notice, to remove any sign which is not properly maintained, and without notice in the event the sign is found in his determination to constitute a danger to human life or encroaches on the public right-of-way. In the event of removal of a sign pursuant to this section, the owner/ lessee or agent shall bear the cost of removal in addition to the penalties.

(a)

The City reserves the right to remove any sign or advertising display which is being maintained contrary to any of the terms and provisions of this article of the Code of Ordinances, and any such sign or advertising display is hereby deemed to be a public nuisance.

(b)

The building inspector of the City or his agent shall give notice to the person owning the sign or advertising display and to the owner and/or lessee of the property upon which the same is located, specify the location of the sign or advertising display and the nature of the violation being committed by the maintenance or keeping of the same. The notice shall also specify what is required in order to conform the sign or advertising display to the requirements and provisions of the Code of Ordinances. The notice shall further specify that if the sign or advertising display does not conform to the provisions of the Code of Ordinances, the City will take any and all action necessary in order to accomplish such result, including removal of the subject sign, all at the cost and expense of both the person owning the sign or advertising display and the owner and/ or lessee of the property upon which the same is situated.

(c)

The notice provided for in this section shall be served by personal service or by certified mail return receipt requested. Service by mail shall be deemed complete upon delivery. If the address of the person to be notified is unknown or the certified mail is returned either unclaimed or refused, the notice may be served by posting the same in a conspicuous place on the premises upon which the offending sign or advertising display is located, in which event service shall be deemed complete as of the moment of the posting.

(d)

The person owning the offending sign or advertising display and/or the owner and/or lessee of the property upon which the same is situated, within 48 hours after receipt of the posting of the aforementioned notice, whichever is applicable, shall take whatever action is necessary in order to remedy and cure the defects pointed out in the subject notice. If the offender has not completed corrective action within the abovementioned 48-hour period, the Building Inspector may cause the sign to be removed at the expense of the owner and/or lessee of the property upon which the offending sign is located.

This article will be known as the "Minimum Landscape Requirement Ordinance."

The purpose and intent of this article is to promote the health, safety, and welfare of existing and future residents of the City by establishing minimum standards for the installation and continued maintenance of landscaping within City boundaries. The specific objectives of the minimum landscape requirement ordinance are as follows.

(a)

Aesthetics. To improve the aesthetic appearance of residential, commercial and industrial development through the imposition of minimum landscaping requirements that enhance the natural and built environment;

(b)

Environmental quality. To improve environmental quality by maintaining permeable land areas essential to surface water management and aquifer recharge; reducing air, noise, heat and chemical pollution through the biological filtering capacities of trees and other vegetation; promoting energy conservation through the creation of shade; reducing heat gain in or on buildings or paved areas through the filtering capacity of trees and other vegetation; reducing the temperature of the microclimate through the process of evapotranspiration; and encouraging the use of limited fresh water resources through the use of drought-tolerant plants;

(c)

Water conservation. To promote water conservation by requiring and encouraging the use of native and drought-tolerant plant material; utilization of water-conserving irrigation practices; and adherence to sound landscape installation standards and maintenance procedures that promote water conservation;

(d)

Efficiency in land development. To promote efficiency in the development of limited land resources by ameliorating the compatibility of otherwise discordant land uses;

(e)

Land values. To maintain and increase the value of land by requiring minimum landscaping which becomes a capital asset;

(f)

Human values. To provide physical and psychological benefits to persons through landscaping, by reducing noise and glare, and by softening the harsh visual aspects of urban development;

(g)

Preservation of native plants and vegetation. To encourage the preservation and planting of native vegetation and plants;

(h)

Removal of exotic plant species. To encourage the eradication or control of certain exotic plant species which have become nuisances because of their invasive characteristics and their tendency to disrupt or destroy native ecosystems;

(i)

Improved design. To encourage innovative and cost-effective approaches to the design, installation and maintenance of landscaping, particularly those that promote energy and water conservation; and

(j)

Improved administration and enforcement. To establish procedures and standards for the administration and enforcement of the minimum landscape requirement ordinance.

In construing the provisions of this article, and each and every word, term, phrase or part thereof, where the context will permit, the definitions provided in F.S. § 1.01, and the following definitions shall apply:

Best management practices (BMPs) means turf and landscape practices or combination of practices based on research, field-testing, and expert review, determined to be the most effective and practicable on-location means, including economic and technological considerations, for improving water quality, conserving water supply and protecting natural resources.

Canopy means the upper portion of a tree or shrub, consisting of limbs, branches and leaves (same as crown).

Diameter breast height (DBH) means the diameter of a tree measured at three feet above grade.

Dripline means the natural outside end of the branches of a tree or shrub projected vertically to the ground.

Drought-tolerant means plant species classified as very or moderately drought-tolerant in the South Florida Water Management District's Waterwise Guide or most current publication.

FLEPPC means florida Exotic Pest Plant Council.

Ground cover means plants, other than turf grass, normally reaching an average maximum height of not more than 24 inches at maturity.

Hardscape means areas such as patios, decks, driveways, paths and sidewalks that do not require irrigation.

Hedge means a landscape barrier consisting of a continuous, dense planting of shrubs.

Hydrozone means a distinct grouping of plants with similar water needs and climatic requirements.

Integrated pest management (IPMs) means a pest management strategy that focuses on long-term prevention or suppression of pest problems through a combination of techniques such as encouraging biological control, use of resistant plant varieties, and adoption of alternate cultural practices to make the habitat less conducive to pest development. Pesticides are only used when careful monitoring indicates they are needed to prevent pests from significantly interfering with the purposes for which plants are being grown.

Irrigation means a system of piping and sprinkler heads, its use being to convey rust-free water to all landscaped areas.

Landscaping means consisting of any of the following or a combination thereof; material such as, but not limited to, grass, ground covers, shrubs, vines, hedges, trees or palms; other material such as rocks, pebbles, sand, but excluding paving.

Lawn means an area of maintained turf.

Mulch means nonliving organic material customarily used in landscape design to retard erosion and retain moisture.

SFWMD means south Florida Water Management District

Shade tree means a hardwood tree that reaches a mature height of at least 15 feet at maturity, and provides relief from direct sunlight.

Shrub means a bushy, woody plant usually with several permanent stems, and usually not over ten feet high at its maturity.

Swale means for the purposes of this article, the area of land located in the public right-of-way between the edge of the street pavement and the front property line of the adjacent property.

Tree means any self-supporting woody perennial plant that has a trunk diameter of three inches or more when measured at a point three feet above grade and which normally attains an overall height of at least 16 feet at maturity, usually with one main stem or trunk and many branches. It may appear to have several stems or trunks, as in several varieties of oaks.

Tree removal means to change the location of, or any action or inaction which will cause a tree to die within a period of nine months. Tree removal also includes any action to any part of a tree which will cause a tree to become so undesirable as to warrant the total removal of the tree, e.g., improper pruning so as to destroy the natural shape or which causes infection, infestation, rot or decay; application of herbicidal or other lethal chemicals; paving over the root system, etc.

Vegetation, native means any plant species which is indigenous to all or a part of the state of Florida. Plant species which have been introduced by humans are not classified as native species.

Vehicular use area means either: (1) an area designed or used for off-street parking; or (2) an area used for loading, circulation, access, storage, or display of motor vehicles. Designated parking areas on public or private streets shall not be considered a vehicular use area.

Vines means plants which normally require support to reach mature form.

Landscaped areas shall be provided between vehicular use areas and adjacent property lines according to the following standards, provided that this section shall not apply to single-family or duplex lots or to common parking areas for fewer than three vehicles.

(a)

Street lot lines. Where vehicular use areas are located adjacent to street lot lines, the following standards shall apply.

(1)

The minimum width of the landscape area shall be 25 feet.

(2)

One tree shall be provided within the landscape area for every 25 feet of length of such area.

Accessways from the public right-of-way through all such landscaping shall be permitted to service the parking or other vehicular use areas and such accessways may be subtracted from the linear dimensions used to determine the number of trees required.

(3)

A hedge or walls or berm or combination thereof shall be placed alongside the interior edge of the landscaped areas to screen parking areas from the right-of-way. At the time of installation, the minimum height of such screening shall be two feet high and shall be maintained at a minimum height of three feet. If such durable barrier is of nonliving material, for each ten feet thereof, one shrub or vine shall be planted along the street side of such barrier of sufficient height at the time of planting to be readily visible over the top of such barrier.

(4)

The remainder of the required landscaped area shall be landscaped with grass, ground cover, or other landscape treatment, excluding paving.

(5)

All property other than the required landscaped strip lying between the right-of-way and off-street parking area or other vehicular use area shall be landscaped with at least the minimum requirements as per this article.

(b)

Interior lot lines. On interior lot lines of a building or structure or open lot use providing an off-street parking area or other vehicular use area, there shall be a landscaped buffer parallel to the lot line of not less than two feet in width, nor greater than five feet in height to form a visual screen between the off-street parking area or other vehicular use area and such abutting property. Such buffer shall be located between the interior lot line and the off-street parking area or other vehicular use area in a planting strip of not less than three feet in width. In addition, one tree shall be provided for each 40 linear feet along the interior property line in the planting strip. Each such tree shall be planted in at least 25 square feet of planting area. Each such planting area shall be landscaped with grass, ground cover or other landscape material, excluding paving, in addition to the required tree and protected from vehicles by a raised curb. The provisions of this subsection shall not be applicable in the following situations:

(1)

When a property line abuts a dedicated alley with a building setback of 40 feet or less;

(2)

Where a proposed parking area or other vehicular use areas abut an existing hedge and said existing hedge meets all applicable standards of this article. The planting strip shall be landscaped with grass, ground cover or other authorized landscape material, excluding paving;

(3)

Where the property is separated by a canal or other open space of more than 100 feet in width from single-family residential or duplex zoned property; provided such area shall be protected with a landscape screen of not less than one tree for each 40 linear feet or portion thereof of property line abutting such residential property. Such trees are to be located adjacent to the abutting property line.

Landscaped areas shall be provided in the interior of vehicular use areas according to the following standards, provided that this section shall not apply to single-family or duplex lots or to common parking areas for fewer than three vehicles.

(a)

General standards. All vehicular use areas subject to the provisions of this section shall comply with the following general standards for interior landscaping. These standards may be satisfied in whole or in part by the specific standards for divider medians, terminal islands and interior islands.

(1)

Off-street parking areas shall have at least ten square feet of interior landscaping for each parking space, excluding those spaces abutting a perimeter for which landscaping is required by section 25-42, perimeter landscape requirements, and excluding all parking spaces which are directly served by an aisle abutting and running parallel to such a perimeter.

(2)

In addition, other vehicular use areas shall have one square foot of landscape area for each 100 square feet or fraction thereof of paved area. Other vehicular use areas include, but not limited to, activities of a drive-in nature, such as filling stations, grocery and dairy stores, banks, restaurants, new and used car lots and the like. In other vehicular use areas where the strict application of this subsection will seriously limit the function of the area, the required landscaping may be located near the perimeter which may be adjacent to a building on the site. Such required interior landscaping which is relocated as herein provided shall be in addition to the perimeter landscaping requirements.

(3)

Where the property contains both parking areas and other vehicular use areas, the two types of areas may be separated for the purposes of determining the other vehicular use area by first subtracting the parking area amount from the total square footage of the paved area.

(4)

Each separate landscaped area shall contain a minimum of 45 square feet and shall have a dimension of at least nine feet in width and shall include at least one tree, with the remaining area landscaped with shrubs, ground cover or other authorized landscaping material not to exceed three feet in height. Such landscaped areas shall be located in such a manner as to divide and break up the expanse of paving.

(b)

Divider medians. Where any row of contiguous parking spaces is so located as to face or abut head-on another row of contiguous parking spaces or an interior driveway, a landscaped divider median which shall be a minimum of eight feet in width (seven feet of pervious area and six inches of continuous curbing on each side) shall be required to be placed between said row and the abutting row or driveway. At least one tree measuring a minimum of 12 to 14 feet in height shall be planted for every 30 linear feet of required divider median. The remainder of said divider shall be irrigated and landscaped with grass, ground cover, or other treatment, excluding pavement or sand, as shown on the approved landscape plan. Where a divider median abuts an interior driveway, a solid hedgerow not to exceed 36 inches above pavement grade, shall be planted in addition to the landscaping specified herein. Adequate means for pedestrian walkways through the divider medians shall be provided as recommended by the Planning and Zoning Board and approved by the City Commission.

(c)

Terminal islands. Continuous rows of parking spaces shall be terminated on both ends by landscaped islands which measure a minimum of ten feet in width (nine feet of pervious area and six inches of continuous curbing on each side) and extend three feet less than the required length of the parking space(s). At least two trees measuring a minimum of 12 to 14 feet in height shall be planted in each terminal island. The remainder of the terminal island shall be irrigated and landscaped with grass, ground cover, or other treatment, excluding pavement or sand, as shown on the approved landscape plan.

(d)

Interior islands. Landscaped interior islands shall measure a minimum of ten feet in width (nine feet of pervious area and six inches of continuous curbing on each side) and extend three feet less than the required length of the parking space, which shall be placed within rows of contiguous parking spaces so that there is at least one interior island for every eight parking spaces or portions thereof within the row. These islands shall be placed at intervals of not less than four nor more than 12 spaces. At least one tree measuring a minimum of 12 to 14 feet in height shall be planted on every interior island. The remainder of the interior island shall be irrigated and landscaped with grass, ground cover, or other treatment, excluding pavement or sand, as shown on the approved landscape plan. Interior islands need not be placed directly opposite each other when in abutting parking rows.

(Ord. No. 03-2-1, § 1, 2-11-03; Ord. No. 12-2-1, § 3, 2-28-12)

(a)

General requirements.

(1)

All applications for a building permit, or development permit required or authorized by the City zoning ordinances, this Code of Ordinances or the South Florida building code for the development of a parcel of land shall be required to include a buffer strip adjacent to all perimeter streets abutting the development according to the provisions of this section.

(2)

The buffer strip shall be constructed along all public and private roadways surrounding the parcel of land and the perimeter of single-family subdivisions, in accordance with the provisions of this section. In cases of residential developments with interior roads, the buffer strip shall only be required around the perimeter of the subdivision.

(3)

No building or structure shall be issued a certificate of occupancy until the buffer zone requirements of this section have been met in the areas immediately adjacent to such buildings or structures.

(4)

The provisions of this section shall not apply along streets where a landscape screen is provided pursuant to section 25-43, perimeter landscaping for vehicular use areas.

(b)

Width of buffer. The minimum width of the required landscaped street buffer shall be as follows:

(1)

Twenty-five feet in width along all public rights-of-way 110 feet wide or greater.

(2)

Twenty feet in width along all public rights-of-way less than 110 feet in width, and along all private road rights-of-way.

(c)

Driveways permitted. Accessways from the public right-of-way through the landscaped street buffer shall be permitted to service the parking or other vehicular use areas and such accessways may be subtracted from the linear dimensions used to determine the landscaping requirements.

(d)

Summary of landscape street buffer design requirements. The design standards for landscape street buffers are summarized in the following table. In the event of any conflict between the table and the text of this section, the text shall control.

(e)

Berms. A berm shall be provided within the required landscape street buffer as follows.

(1)

It shall be required that a berm be constructed along 75 percent of the buffer strip adjacent to each street.

(2)

The height of the berm shall be measured from the natural grade along the private property line and shall be no higher than five feet. The minimum height of the berms shall be as follows:

a.

Thirty-six inches for residential developments adjacent to public roadways with a right-of-way width of less than 80 feet or private roadways.

b.

Forty-two inches in all other cases.

(3)

The slope of the berm shall not exceed one foot of vertical rise to three feet of horizontal run, and shall be fully sodded and irrigated with rust-free irrigation.

(f)

Trees. Trees shall be provided within the required landscape street buffer as follows.

(1)

One tree shall be provided for every 30 linear feet of buffer strip. Trees may be grouped together provided no open area without trees may exceed 25 percent of each street frontage.

(2)

Trees shall be one of the species required for swale trees as indicated in section 25-49(d)(1), permitted swale trees.

(3)

Trees shall be a minimum of 15 feet in height at time of planting.

(g)

Shrubs. Shrubs shall be provided within the required landscape street buffer as follows.

(1)

The following minimum number of shrubs shall be provided per 40 linear feet of buffer:

a.

Twenty shrubs for residential developments adjacent to public roadways with a right-of-way width of less than 80 feet or private roadways.

b.

Forty shrubs in all other cases.

(2)

Shrubs shall be a minimum of 12 inches—24 inches at the time of installation depending on species and availability. Shrubs listed in the South Florida Water Management District's Waterwise Guide or most current publication for Hardiness Zones 10a, 10b & 11 or other Florida-Friendly plant species recommended by the University of Florida/IFAS and which is not listed as a prohibited species or listed on the FLEPPC most invasive plant list may be used to satisfy the landscape requirements of this article.

(h)

Walls and fences. Walls and fences shall not be permitted within the required buffer strip, other than decoratively faced block walls, as approved by the City Commission.

(i)

Alternative design. For single-family developments, in lieu of the required buffer, the developer may submit an alternate design to the Planning and Zoning Board for review and approval by the City Commission.

(j)

Maintenance. All residential developments shall be encumbered by a declaration of covenants and restrictions recorded in the public records which shall provide for a maintenance association which will maintain the required buffer zone for a period of time of not less than 99 years.

(Ord. No. 12-2-1, § 3, 2-28-12; Ord. No. 19-7-2, § 2, 8-20-19)

(a)

Street swale landscape plan. At the time of application for either a development permit, plat or site plan approval, developers shall submit a general location plan locating swale trees. Trees shown on the street swale landscape plan shall be planted prior to requesting a final building inspection. The type of species chosen shall be in conformance with the City's list of swale trees (section 25-49(d)(1)), as may be amended.

(b)

Number of required swale trees. The minimum requirements for swale trees are as follows.

(1)

Single-family and duplex developments shall provide one swale tree per 30 linear feet of swale.

At installation, swale trees shall be a minimum of ten feet in height.

(2)

All other developments shall provide one swale tree per 40 linear feet of swale. At installation, swale trees shall be a minimum of 14 feet in height.

(3)

The above requirements shall be met for each lot. The calculation of the required amount of swale trees shall be based on the total length of all street lot lines of the lot.

(4)

Accessways from the public right-of-way through the swale area shall be permitted to service the parking or other vehicular use areas and such accessways may be subtracted from the linear dimensions used to determine the number of trees required.

(c)

Location of swale trees. All trees required to be placed in the swale area shall be planted halfway between the sidewalk or property line and the edge of the road. The Planning and Zoning Board may recommend a waiver of such requirements and the City Commission may waive such requirements, when the proper area for trees is not physically available.

(d)

Removal of inappropriate plant material. All trees and other plant material planted in the swale area of public rights-of-way which are not in conformance to the approved swale plant list or obstruct visibility shall be removed by the adjacent property owner. Upon notification from the City to remove inappropriate trees, the property owner has 15 days to take the necessary action. If the subject trees have not been removed within 15 days, the City may elect to remove them and subject the owner to a fine as provided in this article.

(e)

Prohibited structures and miscellaneous landscape features. It shall be unlawful for any property owner or tenant to plant, place, erect or install or cause to have planted, placed, erected or installed in the swale area adjacent to their property, nor within private property, which shall protrude into the swale area adjacent to their property any concrete blocks, coral rock, pyramid-shaped cement curb stones, vegetation or any other sharp edged or pointed organic material that could cause a hazard or injuries to pedestrians. Any property owner who has planted, placed, erected or installed such material prior to or after the effective date of this article, shall be notified in writing by the City Code Enforcement Officer to remove same within five days of receipt of the notice or be subject to a fine, as provided in section 21-6, enforcement and penalties.

(f)

Exemption. Single-family and duplex developments platted prior to March 22, 1983 shall be exempt from all the provisions of this section except subsection (e), prohibited structures.

(Ord. No. 12-2-1, § 3, 2-28-12)

All landscaping within the triangular areas described in section 23-108, sight distance triangles, shall provide unobstructed cross-visibility at a level between two and one-half feet and eight feet, provided, however, that trees or palms having limbs and foliage trimmed in such a manner that no limbs or foliage extend into the cross-visibility area shall be allowed, provided that they are located so as not to create a traffic hazard. Landscaping, except required grass or ground cover, shall not be located closer than three feet from the edge of any accessway pavement.

(Ord. No. 04-11-03, § 1, 11-9-04)

In addition to the foregoing landscaping requirements for vehicular use areas, street buffers and street swales, the following landscaping provisions shall apply to specific types of developments. Landscaping material required by other sections of this article shall not be used to meet the additional requirements of this section.

(a)

Single-family and duplex development. Each plot of land developed for single-family and duplex purposes shall be planted with approved plant materials as designated in section 25-49, plant and landscape material standards, as may be amended from time to time, in accordance with the following requirements.

(1)

Maximum impervious cover. In no case shall the total impervious surface coverage on a lot exceed 55 percent of the lot area.

a.

Pavers set over sand shall be given 50 percent credit towards impervious cover. Front yard driveway expansions shall be exempt from this 50 percent impervious area calculation if an engineered channel drain grate system is installed resulting in a net zero watershed.

b.

Artificial grass/turf shall be given an 80 percent credit towards impervious cover.

(2)

Grass. Grass and artificial grass may be planted on no more than 70 percent of the remaining pervious area. Artificial grass may be installed in the rear and side yards with a three-foot setback made up of pervious cover such as natural grass, mulch or gravel. Any installation of artificial grass within an easement will require the approval from any applicable agencies.

a.

All uses of artificial grass, including the use of such material for a putting green, shall require a building permit. The building permit application shall include, at a minimum, all of the following information.

1.

A complete landscape plan showing the area of artificial grass, area of living plant material, and area and method of separation between these areas. Minimum landscape requirements shall be required.

2.

Brand and type of artificial grass, including all manufacturer specifications and warranties.

3.

A scaled cross section and details of the proposed materials and installation, including, but not limited to, subgrade, drainage, base or leveling layer, and infill.

4.

A survey of the property that reflects all current conditions.

5.

A calculation of the pervious area and impervious area indicated on the plans.

(3)

Trees and shrubs. The minimum number of trees and shrubs to be provided per dwelling unit shall be determined from the following table. For the purpose of this section, yards refer to the open area between the principal building and the applicable lot line, rather than to the minimum required setback distance. Required trees and shrubs may be flowering or nonflowering.

(b)

Multi-family and townhouse development. Each parcel of land developed for multi-family or townhouse uses shall contain a minimum of three trees and 18 shrubs per unit. These requirements will be in addition to other required landscaping as per this article.

(c)

Commercial development. Each lot developed for a commercial use as listed in section 23-10(b), use regulations schedule, other than service stations, shall contain one tree and five shrubs for every 1,000 square feet of lot area or portion thereof not utilized for parking. These requirements will be in addition to other required landscaping as per this article.

(d)

Service stations. Service stations developed in the C-1 district shall be subject to the following landscaping requirements, in addition to the other landscaping required by this article.

(1)

The interior property shall contain a minimum of 18 shade trees over 15 feet in height per each acre of land. Palms to be planted in groups of three may be substituted for one required shade tree.

(2)

Ground cover may be substituted for sod in planting areas.

(3)

A minimum of six shrubs for every 1,000 square feet of planting area are required.

(4)

A courtyard or large planting area must be situated in front of the structure, between it and the pumping station, with optional seating facilities.

(5)

Sodded swales are required beyond the concrete sidewalks along the street lines. One 15-foot or larger shade tree is required for every 25 feet of linear street frontage.

(e)

Industrial and civic development. Each lot developed for an industrial or civic use as listed in section 23-10(b), use regulations schedule, other than transformer substations, shall contain two trees and five shrubs for each 1,000 square feet of lot area or portion thereof not utilized for structures and/or parking. These requirements will be in addition to other required landscaping as per this article.

(f)

Transformer substations. Electrical transformer substations shall comply with the following landscaping requirements, which are in addition to the other requirements of this article.

(1)

The structure shall be fenced with a chain link fence not to exceed 12 feet in height.

(2)

The chain link fence required by the supplementary zoning regulations of section 23-112, transformer substation, shall be screened with hedge material to be four feet upon planting. Upon maturity this hedge material shall obscure the fence from public view.

(3)

The minimum tree requirements shall be as follows.

a.

On lots of less than 100,000 square feet in total area, there shall be a minimum of one tree per 1,000 square feet of lot area not utilized for structures or parking.

b.

On lots of 100,000 square feet or greater in area, there shall be a minimum of one tree per 1,500 square feet of lot area not utilized for structures or parking.

(4)

Perimeter property shall be fully sodded and irrigated to meet minimum standards of this article.

(5)

Pad mount transformers shall be landscaped by the developer or owner with plant material to complement the environment, shall be accessible to the utility company for maintenance, and shall specifically disallow any planting on the front side of the structure.

(g)

Model sales and construction facilities. Landscaping requirements for construction-related structures when the structures are utilized for real estate sales are as follows.

(1)

Plot area. The plot area to be landscaped shall be as follows.

a.

Fifteen feet on each side of the proposed sales location;

b.

Twenty-five feet immediately in front of the proposed sales location.

(2)

Landscaping requirements. The following minimum plant material shall be required.

a.

One tree for every 1,400 square feet or fraction thereof of sodded areas;

b.

One shrub for every 50 square feet or fraction thereof of sodded areas.

(h)

Screening of exposed utilities. All utility areas associated with any type of development shall be screened with plants to obscure them from public view and create an aesthetic asset in keeping with the image of the City. Required landscaping shall consist of a hedge or decorative screen a minimum of five feet high to enclose all exposed equipment areas. Hedges shall be a minimum of two feet high at the time of planting.

(Ord. No. 04-11-03, § 1, 11-9-04; Ord. No. 12-2-1, § 3, 2-28-12; Ord. No. 23-14, § 4, 6-13-2023)

(a)

Installation. All landscaping shall be installed by the property owner, the owner's successors in interest or agent, according to sound horticultural practices with respect to xeriscape principles. Plant selection should be based on the plants adaptability to the existing conditions, soil types, moisture conditions, light, mature plant size, desired effect, color and texture. Plant species that are drought and freeze tolerant are preferred. All invasive exotic plant species shall be removed from site prior to the beginning of construction. Soil improvement measures may be required to ensure healthy plant growth. A plant or tree's growth characteristics shall be considered before planting to prevent conflicts with overhead and underground utilities, street lights, views, traffic signs and warning devices.

(1)

Time of installation. No certificate of occupancy shall be issued until the Building official determine that landscaping required by this article has been installed. In the case of multi-family residential or nonresidential development, the registered landscape architect who prepared the landscape plan for the project shall be required to inspect the property after the installation of landscaping to determine whether the landscaping requirements of this article have been satisfied. After the inspection, the landscape architect shall submit a written report to the Director. If it is reported that the landscaping requirements have been satisfied, the Director or the Director's designee shall conduct a final inspection. If the inspection reveals that the landscaping requirements of this article have been satisfied, a certificate of occupancy may be issued.

(2)

Cash bonds. Property owners may obtain a 21 day extension of time for the installation of required landscaping by posting a cash bond in an amount equal to no less than 150 percent of the estimated cost of installing the landscaping, as calculated by the registered landscape architect who prepared the landscape plans and approved by the Director. In no case shall the amount of the cash bond be less than $1,000.00.

(3)

Use and release of bonds. After the expiration of the 21 day extension period, the registered landscape architect who prepared the landscape plan shall inspect the landscaping to determine whether the requirements of this article have been satisfied and submit a written report to the Director. If it is reported that the landscaping requirements have been satisfied, the Director or his designee shall conduct a final inspection. If the inspection reveals that the landscaping requirements of this article have been satisfied, the cash bond shall be returned to the owner. Should it be determined that the landscaping fails to satisfy the requirements of this article, the cash bond shall be declared forfeited and the City shall assume responsibility for installing the landscaping required by this article. In the event that the costs to install required landscaping exceed the cash bond amount, the City shall assess the property owner for any additional costs.

(b)

Replacement of dead plant material. Vegetation which is required to be planted or preserved by this article shall be replaced with equivalent vegetation if it is not living within one year of issuance of a certificate of occupancy. Preserved trees for which credit was awarded and which subsequently die, shall be replaced by the requisite number of living trees according to the standards established in this article.

(c)

Maintenance. The property owner, the owner's successors in interest, or agent, if any, shall be jointly and severally responsible for the following:

(1)

Regular maintenance of all landscaping in good condition and in a way that presents a healthy, neat, and orderly appearance. All owners of property within the City are required to maintain any grass within such property at a height not to exceed six inches from the ground. For the purposes of this section, the term "property owner" is defined as the person or persons shown on the county real estate tax records as the owner of the property. All landscaping shall be maintained free from disease, pests, weeds and litter. This maintenance shall include weeding, watering, fertilizing, pruning, mowing, edging, mulching or other maintenance, as needed and in accordance with acceptable horticultural practices. Yard wastes shall not be disposed of or stored by shore-lines, in or near ditches or swales, or into storm drains;

(2)

The repair or replacement of required landscape structures (e.g., walls, fences) to a structurally sound condition;

(3)

The regular maintenance, repair, or replacement, where necessary, of any landscaping required by this article;

(4)

Perpetual maintenance to prohibit the reestablishment of harmful exotic species within landscaping and preservation areas; and

(5)

Continuous maintenance of the site;

(6)

Wherever hedge materials are planted within 30 inches of a freestanding masonry wall, the hedge shall be maintained at a height equal to the height of the wall. Property owners, including homeowners' associations, which violate the provisions of this section, shall be subject to an administrative fine of $300.00 per violations, said fine to be expended on the purchase and installation of additional plant materials within the development or property subject to the fine.

a.

For purposes of this section, the following definitions shall be applicable:

i.

A violation shall be determined if 40 percent or more of any mature, continuous, contiguous hedge, exclusive of any breaks or interruptions for the display of architectural detailing pursuant to subsection b, below, is trimmed below the height of the adjacent freestanding masonry wall.

ii.

Hedge shall be defined as a continuous row of plantings including the following plant species or other Florida-Friendly plant species recommended by the University of Florida/IFAS:

b.

Exemption: In any case where a free-standing masonry wall includes a particular architectural feature (including, but not limited to, a line of accent tiles or color within 12 inches of the top of the wall, or an interruption in the wall for decorative fencing), hedges may be maintained at a height lower than the height of the wall to ensure visibility of such architectural feature, not to exceed six inches below the level of the architectural feature.

(d)

Tree pruning. Pruning of trees shall be permitted to allow for healthy uniform growth and to promote structural, aesthetic and safety considerations. All permitted pruning shall be conducted in accordance with the standards of the National Arborist Association and the following standards.

(1)

Severely cutting back lateral branches and canopy (hatracking) is prohibited.

(2)

No more than 30 percent of a tree's canopy shall be removed during any one year period unless the pruning is necessary to remove limbs or foliage which present a hazard to power lines or structures, or is necessary to remove dead or diseased limbs.

(3)

Pruning shall be prohibited until the tree's canopy has been established and has reached at least 15 feet in height, except to remove limbs or foliage which present hazard to power lines or structures, or if necessary to remove dead or diseased limbs.

(e)

Irrigation. Adequate irrigation of landscaped areas shall be provided for all newly landscaped areas to maintain required vegetation in good and healthy condition. The property owner, the owner's successors in interest, or agent, if any, shall comply with the South Florida Water Management District's (SFWMD) most current water restrictions. In the event of a water shortage emergency, any ordinance or declaration issued by the County, SFWMD or City, supersedes these regulations. Irrigation systems shall adhere to the requirements of the most current Florida Building Code Plumbing Appendix F and shall conform to the following standards.

(1)

All landscaped areas, except those associated with single family and duplex residential uses; those set aside for preservation of existing native vegetation; and those approved for xeriscape planting that do not require regular irrigation; shall be provided with a readily available water supply from an underground sprinkler system.

Any irrigation system installed after the effective date of this subsection (9/24/08), including, but not limited to, those associated with single-family and duplex residential uses, those set aside for preservation of existing native vegetation and those approved for xeriscape planting, are hereby prohibited from connecting to the City's potable water supply system.

Notwithstanding the foregoing, the following are exemptions to the prohibition identified above:

a.

Modifications or expansion to irrigation systems constructed and connected to the City's potable water supply system prior to the effective date of this subsection (9/24/08), if the expansion or modification does not result in an increase in the capacity of the irrigation system, including redevelopment projects;

b.

Any person or entity who has already obtained, as of the effective date of this ordinance, a developer's agreement or development order related to a particular property in the City which provides for an irrigation system, not yet installed, but intended to connect to the City's potable water supply system.

c.

Any entity or person with a vested right to use of the City's existing potable water supply. Any entity or person claiming exemption based on a vested rights shall have the right to file a written application to the City Manager or his or her designee, within 90 days of the effective date of this ordinance (9/24/08), as to the applicability of this ordinance to the subject property. The City Manager or his or her designee shall review the application and all other documentation submitted and shall determine, based on the evidence presented, whether there is a valid vested right, which would provide a basis for not applying the Ordinance to the subject property. The written decision of the City Manager shall be provided to the applicant no later than 30 days from the date the applicant filed the application. The Manager's decision shall be final and appealable to the appropriate court.

(2)

Irrigation systems shall be continuously maintained in working order and shall be designed so not to overlap water zones or to water impervious areas. A regular irrigation maintenance schedule shall include but not be limited to checking, adjusting and repairing irrigation equipment; and resetting the automatic controller according to the season. To maintain the original performance and design integrity of the system, repair of the equipment shall be done with the originally specified materials or their equivalents.

(3)

No irrigation system shall be installed or maintained abutting any public or private street which causes water from the system to spurt onto the roadway or to strike passing vehicular traffic.

(4)

The use of grey or re-used water shall be encouraged for parks and recreation facilities (e.g., golf courses, medians, etc.) and other public facilities that are located near wastewater treatment plants or within the irrigation quality (IQ) effluent water service area of the City's Water Utilities department, where grey or re-used water is available and where such reuse is approved by the regulatory agencies.

(Ord. No. 01-1-4, § 2, 1-23-01; Ord. No. 04-11-03, § 1, 11-9-04; Ord. No. 08-9-4, § 1, 9-24-08; Ord. No. 12-2-1, § 3, 2-28-12; Ord. No. 19-7-2, § 3, 8-20-19)

The following standards shall constitute the minimum required planting standards for all trees, plants and landscape materials.

(a)

Quality. Trees and plants installed pursuant to the requirements of this article shall conform to or exceed the minimum standards for Florida number 1, as provided in the most current edition of Grades and Standards for Nursery Plants, Parts I and II, prepared by the State of Florida Department of Agriculture and Consumer Services. Another accepted standard may be used if it equals or exceeds the quality of Florida Number 1.

(b)

Tree diameter and height. The minimum diameter and height of trees planted pursuant to the requirements of this article shall be as follows:

(1)

Single-family and duplex development. For detached single-family and duplex development trees shall be a minimum of ten feet in height with a minimum diameter breast height (DBH) of one and one-half inches immediately upon planting.

(2)

All other development. For all other types of development trees shall be a minimum of 14 feet in height with a minimum diameter breast height (DBH) of two inches immediately upon planting.

(c)

Tree canopy. The minimum canopy spread of trees planted pursuant to the requirements of this article shall be as follows:

(1)

Single-family and duplex development. For detached single-family and duplex development trees shall have a minimum canopy spread of three feet immediately upon planting.

(2)

All other development. For all other types of development trees shall have a minimum of canopy spread of six feet immediately upon planting.

(d)

Permitted Species. Trees and plants used to satisfy the requirements of this article shall, to the greatest extent possible, be drought-tolerant; appropriate for the ecological setting in which they are to be planted; have non-invasive growth habits; encourage low maintenance and high quality landscape design; be commercially available; and be otherwise consistent with the purpose and intent of this article.

(1)

Permitted swale trees. The following trees may be used to satisfy the swale tree requirement of this article.

a.

Quercus virginiana, Live Oak: Oak trees may only be planted in swales 20 feet or greater in width measured from the edge of the sidewalk out to the road.

b.

The following trees may be planted in swales ten feet or greater in width measured from the edge of sidewalk out to the edge of road:

1.

Bursera Simaruba, Gumbo-Limbo;

2.

Lysiloma Bahamensis, Wild Tamarind;

3.

Acer rubrum, Red Maple;

4.

Ilex cassine, Dahoon Holly;

5.

Tabebuia heterophylla, Pink Tabebuia;

6.

Bulnesia arborea, Verawood;

7.

Lagerstroemia indica, Crape Myrtle;

8.

Eugenia sp., Stoppers;

9.

Other appropriate tree species with approval of the City Arborist.

c.

The following trees are permitted to be planted beneath existing overhead power lines. Adherence to FPL's Right Tree Right Place Program is required. The following trees are also permitted to be planted in swales less than nine feet in width measured from edge of sidewalk out to edge of road:

1.

Conocarpus Erectus Sericeus, Silver Buttonwood;

2.

Tecoma stans, Yellow Elder;

3.

Lagerstroemia indica, Crape Myrtle;

4.

Ilex cassine, Dahoon Holly;

5.

Eugenia sp., Stoppers;

6.

Other appropriate tree species with approval of City Arborist.

d.

The following palms may be planted in existing development swales that are a minimum of ten feet wide measured from the edge of the sidewalk out to the edge of the road. All palms in the swale will be the responsibility of the abutting property owner to maintain. Maintenance includes removal (trimming) of dead fronds, removal of seeds that fall on the roadway and/or sidewalk, removal of the entire palm should it die, insect and disease control treatments, and regular fertilizations to provide the healthiest appearance possible.

1.

Thrinax radiata, Florida Thatch Palm;

2.

Coccothrinax argentata, Florida Silver Palm;

3.

Psuedophoenix sargentii, Buccaneer Palm;

4.

Hyophorbe lagenicaulis, Bottle Palm;

5.

Hyophorbe verschaffeltii, Spindle Palm;

6.

Veitchia montgomeryana, Montgomery Palm;

7.

Ptychosperma elegans, Solitaire Palm;

8.

Phoenix sylvestris, Silver Date Palm (minimum of ten feet clear trunk).

(2)

Permitted, accent and interior trees. Any shade tree which is classified as a moderately or very drought-tolerant native species in the South Florida Water Management District's Waterwise Guide or most current publication or Florida-Friendly species recommended by the University of Florida/IFAS and which is not listed as a prohibited species in this article may be used to satisfy the accent and interior tree landscaping requirements of this article.

(3)

Permitted palm tree species. Palm trees may be planted to satisfy the requirements of this article if they are installed in groups of no less than three and create the equivalent of a 12-foot canopy spread immediately upon planting. Each group of three palms which meets these standards shall be considered one tree. In the case of species of palms which characteristically grow in clumps, each clump shall be considered to be one tree. Those palm tree species which are classified as moderately or very drought-tolerant in the South Florida Water Management District's Waterwise Guide or most current publication or Florida-Friendly species recommended by the University of Florida/IFAS and which is not listed as a prohibited species in this article may be used to satisfy the landscaping requirements of this article.

(4)

Shade trees. A minimum of 50 percent of all trees that are required to be planted by this article shall be shade trees.

(e)

Tree species mix. When more than ten trees are required to be planted to meet one of the requirements of this article, a mix of species shall be provided. The number of species to be planted shall vary according to the overall number of trees required to be planted. The minimum number of species to be planted is indicated below. Species shall be planted in proportion to the required mix. This species mix standard shall not apply to areas of vegetation required to be preserved by law.

(f)

Hedges and shrubs. Shrubs shall be a minimum of 12 to 24 inches in height, with a minimum canopy spread of 12 to 18 inches immediately upon planting. Required hedges shall form a solid continuous visual screen of at least three feet in height within one year of the time of planting. Plants shall be grouped together by irrigation demand. The percentage of landscaped area in irrigated high water use hydrozones should be minimized.

(1)

Permitted shrub species. Those shrub species classified as moderately or very drought-tolerant in the South Florida Water Management District's Waterwise Guide or most current publication and which is not listed as a prohibited species in this article may be used to satisfy the landscaping requirements of this article.

(g)

Vines. Vines shall have a minimum of five runners, with each a minimum of 24 inches in length immediately upon planting. Vines may be used in conjunction with fences, screens or walls to meet the visual barrier requirements of this article. If vines are used in conjunction with fences, screens, or walls, their runners will be attached to the fence, screen, or wall in a way that encourages proper plant growth. Those vines classified as moderately or very drought-tolerant in the South Florida Water Management District's Waterwise Guide or most current publication may be used to satisfy the landscaping requirements of this article.

(h)

Ground treatment. The ground area within required landscaped areas which is not dedicated to trees, vegetation, or landscape barriers shall receive appropriate landscape treatment and present a finished appearance and reasonably complete coverage upon planting. The following standards shall apply to the design of ground treatment:

(1)

Ground cover. Ground cover may be planted in lieu of grass in conjunction with planting of trees, shrubs, or hedges. Ground cover shall provide a minimum of 50 percent coverage immediately upon planting and 100 percent + coverage within two years after planting.

(2)

Mulch. Mulch shall be temporarily applied to areas not immediately covered by ground cover. Mulch may be used as a permanent ground treatment in those landscape designs where ground cover or grass is inappropriate, such as in a pine preservation area. Where mulch is intended to be installed permanently, it shall be renewed and maintained as required. Mulches are typically wood bark chips, wood grindings, pine straws, nut shells and shredded landscape clippings.

(3)

Pebbles and egg rock. Pebbles or egg rock may be used in a limited way as a ground treatment in areas where drainage is a problem.

(4)

Turf areas. Turf areas on developed lots shall be sodded with Bermuda, St. Augustine, Zoysia or similar drought-tolerant grass species. Turf shall be placed so that it can be irrigated using separate zones. Turf areas shall be identified on landscape plans.

(i)

Artificial plants. No artificial plants or vegetation shall be used to satisfy any requirement of this article.

(j)

Prohibited plant species. The following plant species shall not be planted in the City:

(1)

Melaleuca quinquenervia (Punk Tree, Cajeput, or Paper Bark);

(2)

Schinus terebinthifolius (Brazilian Pepper or Florida Holly);

(3)

Casuarina trees (Australian Pine); or

(4)

Cupaniopsis anacardiodes (Carrotwood).

(k)

Eradication of prohibited plant species. In the event that the City Commission finds that a prohibited plant species poses a threat to native plant communities and ecosystems, the City Commission may require that a plan be submitted by an applicant which will cause the eradication of such prohibited plant species.

(l)

Controlled plant species. The following plant species have a tendency to become nuisances if they are not properly maintained and cultivated. These species may be planted if they are installed and maintained in accordance with the following regulations.

(1)

Ficus species. Ficus species may not be planted as individual trees. Ficus hedges may not be planted, with the exception of maintaining a hedge that was in existence prior to August 20, 2019.

(2)

Tabebuia argentea. This species may be planted on private property. However, due to its limited root system, its is easily uprooted during windstorms and, therefore, shall not be planted in swale areas, medians or large open areas.

(Ord. No. 99-8-1, § 2, 8-24-99; Ord. No. 00-2-1, 62, 2-8-00; Ord. No. 2000-2-1, § 1, 2-8-00; Ord. No. 00-12-1, § 1, 12-12-00; Ord. No. 12-2-1, § 3, 2-28-12; Ord. No. 19-7-2, § 4, 8-20-19)

(a)

Landscape plan required. For any development subject to the provisions of this article, except for one single-family dwelling or one duplex, prior to the issuance of any permits for building or paving, a landscaping plan, including swale trees for all new developments, shall be submitted to the Growth Management Department for Development Review Committee (DRC) review.

(b)

Review and approval procedures.

(1)

The Development Review Committee (DRC) shall review such plans prior to the Planning and Zoning Board's and City Commission's final review of the site development plan and shall recommend approval if the plans are in accordance with the criteria hereafter set forth.

(2)

If such plans are not in accordance with the criteria of this regulation, the same shall be disapproved and shall be accompanied by a statement setting forth the changes necessary for compliance.

(c)

Content. Landscaping plans shall be rendered by a landscape architect, landscape contractor, or other person knowledgeable in landscaping for all developments other than multi-family or commercial in nature. Only landscape architects registered in the state shall prepare and seal landscape drawings for multi-family and commercial developments. Site designs and landscape construction documents shall be prepared in accordance with the requirements of all applicable Florida Statutes. All landscape and irrigation system designs shall be consistent with the standards required under F.S. § 373.228. The drawings shall contain the following information:

(1)

Minimum scale of one inch equals 50 feet;

(2)

Location of all existing trees;

(3)

Location of all landscaping material to be used;

(4)

Species of all plant material to be used;

(5)

Size of all plant material to be used;

(6)

Spacing of plant material (where appropriate);

(7)

Layout of irrigation systems including placement of all water sources;

(8)

Street swale landscape plan.

(d)

Conformance to tree preservation ordinance. Tree removal plans shall conform to the tree preservation regulations of chapter 18, tree protection.

(Ord. No. 12-2-1, § 3, 2-28-12)

(a)

This article shall be a minimum standard and shall apply to the incorporated areas of the City, and shall be enforced by the Code Enforcement Officer or any other designee of the City Manager.

(b)

Any person who violates, disobeys, omits, neglects or refuses to comply with, or who resists the enforcement of any of the provisions of this article shall be subject to criminal penalties as provided in section 21-6, enforcement and penalties.

(c)

Any person who receives more than two separate violations in a 60-day period for any of the following may be enjoined and restrained by injunctive order of the circuit court in appropriate proceedings instituted for such purposes.

(1)

Planting landscaping not permitted by this article on private property or street swale;

(2)

Improperly maintaining private property or street swale; or

(3)

Removing landscaping required by this article.

(d)

If the Chief Building Official or Code Enforcement Officer determines that the violation does not warrant the above action, the Chief Building Official or Code Enforcement Officer is authorized to either cause the removal of the improper landscaping from the site or the installation of the proper landscaping and place a lien on the private property as may be permitted by state law and other sections of this Code.

(a)

Intent and purpose. It is the intent and purpose of this section to implement procedures that promote water conservation through the efficient use of landscape irrigation.

(b)

Definitions. For the purposes of this section, the following terms, words, and their derivatives shall have the meaning listed below. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural.

Address means the "house number" (a numeric or alphanumeric designation) that, together with the street name, describes the physical location of a specific property. This includes "rural route" numbers, but excludes post office box numbers. If a lot number in a mobile home park or similar community is used by the U.S. Postal Service to determine a delivery location, the lot number shall be the property's address. If a lot number in a mobile home park or similar residential community is not used by the U.S. Postal Service (e.g., the park manager sorts incoming mail delivered to the community's address), then the community's main address shall be the property's address. If a property has no address, it shall be considered "even-numbered."

Athletic play area means all golf course fairways, tees, roughs, greens, and other athletic play surfaces; including, football, baseball, soccer, polo, tennis, and lawn bowling fields, and rodeo, equestrian, and livestock arenas.

Consumptive use permit (CUP) means a permit issued pursuant to Chapter 40E-2, F.A.C., authorizing the consumptive use of water.

District means the South Florida Water Management District, a government entity created under F.S. ch. 373.

Even numbered address means an address ending in the numbers 0, 2, 4, 6, 8, or rights-of-way or other locations with no address, or the letters A—M.

Existing landscaping means any landscaping which has been planted and in the ground for more than 90 days.

Landscaping means shrubbery, trees, lawns, sod, grass, ground covers, plants, vines, ornamental gardens, and such other flora not intended for resale, which are situated in such diverse locations as residential landscapes, recreation areas, cemeteries, public, commercial, and industrial establishments, public medians, and rights-of-way, except athletic play areas, as defined herein.

Landscape irrigation means the outside watering of shrubbery, trees, lawns, sod, grass, ground covers, plants, vines, ornamental gardens, and such other flora not intended for resale, which are planted and situated in such diverse locations as residential landscapes, recreation areas, cemeteries, public, commercial, and industrial establishments, public medians, and rights-of-way, except athletic play areas.

Law enforcement officials means any authorized agent or employee of the city whose duty it is to assure compliance with the City Code of Ordinances.

Low volume hand watering means the watering of landscape by one person, with one hose, fitted with a self-canceling or automatic shutoff nozzle.

Low volume irrigation means the use of equipment and devices specifically designed to allow the volume of water delivered to be limited to a level consistent with the water requirement of the plant being irrigated, and to allow that water to be placed with a high degree of efficiency in the root zone of the plant. The term also includes water used in mist houses and similar establishments for plant propagation. Overhead irrigation and flood irrigation are not included.

Micro-irrigation means the application of small quantities of water on or below the soil surface as drops or tiny streams of spray through emitter or applicators placed along a water delivery line. Micro-irrigation includes a number of methods or concepts, such as bubbler, drip, trickle, mist or microspray, and subsurface irrigation.

New landscaping means any landscaping which has been planted in the ground for 90 days or less.

Odd numbered address means an address ending in the numbers 1, 3, 5. 7, 9, or the letters N—Z.

Reclaimed water means wastewater that has received at least secondary treatment and basic disinfection, and is reused after flowing out of a wastewater treatment facility as defined by Rule 62-40.210, F.A.C.

User means any person, individual, firm, association, organization, partnership, business trust, corporation, company, agent, employee, or other legal entity whether natural or artificial, the United States of America, and the State and all political subdivisions, regions, districts, municipalities, and public agencies thereof, which directly or indirectly takes water from the water resource, including uses from private or public utility systems, uses under water use permits issued pursuant to Chapter 40E-2, F.A.C., or uses from individual wells or pumps.

Wasteful and unnecessary means allowing water to be dispersed without any practical purpose to the water use; for example, excessive landscape irrigation, leaving an unattended hose on a driveway with water flowing, allowing water to be dispersed in a grossly inefficient manner regardless of the type of water use; for example, allowing landscape irrigation water to unnecessarily fall onto pavement, sidewalks, and other impervious surfaces; or allowing water flow through a broken or malfunctioning water delivery or landscape irrigation system.

Water resource means any and all water on or beneath the surface of the ground, including natural or artificial watercourses, lakes, ponds, or diffused surface water, and water percolating, standing, or flowing beneath the surface of the ground.

Water shortage means when the district determines there is the possibility that insufficient water will be available to meet the present and anticipated needs of the users, or when conditions are such as to require a temporary reduction in total use within a particular area to protect water resources from serious harm. A water shortage usually occurs due to drought.

Water shortage emergency means when the district determines the provisions listed in Part II of Chapter 40E-21, F.A.C., are not sufficient to protect the public health, safety, or welfare, the health of animals, fish, or aquatic life, a public water supply, or commercial, industrial, agricultural, recreational, or other reasonable-beneficial uses.

(c)

Applicability. The provisions of this section shall apply to each user providing landscape irrigation from all water sources within the boundaries of the city with the following exceptions:

(1)

The use of reclaimed water, which may or may not be supplemented from another source;

(2)

Irrigation at agricultural and nursery operations; and

(3)

Irrigation of athletic play areas.

(d)

Year-round landscape irrigation conservation measures. The city adopts the rules of the South Florida Water Management District, listed in Subsection 40E-24.2-1(1)—(6), F.A.C., including subsequent additions or corrections which are set out as follows:

(1)

The year-round landscape irrigation conservation measures contained in this section are applicable to all users including permitted and exempt users under Chapter 40E-2, F.A.C., unless otherwise indicated. These conservation measures apply to all water resources, unless otherwise indicated. In addition to the requirements of this section, all permitted users under Chapter 40E-2, F.A.C., are required to maintain compliance with all CUP conditions and terms, including requirements to implement water conservation practices.

(2)

It shall be the duty of each user to keep informed as to the landscape irrigation conservation measures within this section which affect each particular water use.

(3)

In addition to the specific conservation measures, all wasteful and unnecessary water use, as defined in this section, is prohibited.

(4)

The following requirements shall apply to all users, unless specified in subsection (c) or subsection (e):

a.

Landscape irrigation shall be prohibited between the hours of 10:00 a.m. and 4:00 p.m., except as otherwise provided.

b.

Irrigation of existing landscaping shall comply with the following provisions:

1.

Even addresses, installations with irrigation systems that irrigate both even and odd addresses within the same zones, such as multi-family units and homeowners' associations, and rights-of-way or other locations with no address shall have the opportunity to accomplish necessary landscape irrigation two days a week, only on Thursday and/or Sunday.

2.

Odd addresses shall have the opportunity to accomplish necessary landscape irrigation two days a week, only on Wednesday and/or Saturday.

c.

Irrigation of new landscaping shall comply with the following provisions:

1.

New landscaping may be irrigated once on the day it is installed without regard to the listed watering days and times. Irrigation of the soil immediately prior to the installation of the new landscaping is allowed without regard to the normal watering days and times.

2.

A 90-day establishment period begins on the day the new landscaping is installed. The new landscaping shall be installed within a reasonable time from the date of purchase, which may be demonstrated with a dated receipt or invoice.

3.

Irrigation of new landscaping which has been in place for 30 days or less may be accomplished on Monday, Tuesday, Wednesday, Thursday, Saturday, and/or Sunday.

4.

Irrigation of new landscaping which has been in place for 31 to 90 days may be accomplished on Monday, Wednesday, Thursday, and or Saturday.

5.

Irrigation of new landscaping is limited to areas only containing the new landscaping. An entire zone of an irrigation system shall only be utilized for landscape irrigation under this subsection if the zone contains at least 50 percent new landscaping. If a zone contains less than 50 percent new landscaping, or if the new landscaping is in an area that will not typically be irrigated by an irrigation system, only the individual new plantings are eligible for additional irrigation. Targeted watering may be accomplished by low volume hand watering, as defined in section (b), or any appropriate method which isolates and waters only the new landscaping.

(5)

Any water shortage, as defined in subsection (b), restrictions or other measures declared pursuant to Chapter 40E-21, F.A.C., or related District Governing Board or Executive Director orders which are more restrictive than a measure contained within this section, shall supersede this section for the duration of the applicable water shortage declaration.

(e)

Exceptions to the landscape irrigation schedules. Landscape irrigation scheduling shall be subject to the following exceptions:

(1)

Landscape irrigation systems may be operated during restricted days and/or times for cleaning, maintenance, and repair purposes with an attendant on site in the area being tested. Landscape irrigation systems may routinely be operated for such purposes no more than once per week, and the run time for any one test should not exceed ten minutes per zone.

(2)

Landscape irrigation for the purpose of watering-in fertilizers, insecticides, pesticides, fungicides and herbicides, where such watering-in is recommended by the manufacturer, or by federal, state or local law, or best management practices, shall be allowed under the following conditions:

a.

Such watering-in shall be limited to one application, unless the need for more than one application is stated in the directions for application specified by the manufacturer; and

b.

Such watering-in shall be accomplished during normally allowable watering days and times set forth in subsection (d)(4)a. and b., unless a professional licensed applicator has posted a temporary sign containing the date of application and the date(s) of needed watering-in activity.

(3)

Any plant material may be watered using low volume irrigation, as defined in subsection (b), micro-irrigation, as defined in subsection (b), low volume hand watering method, rain barrels, cisterns, or other similar rain-harvesting devices without regard to the watering days or times allowed pursuant to this section.

(f)

Additional requirements. Any user who purchases and installs an automatic landscape irrigation system shall properly install, maintain, and operate technology that inhibits or interrupts operation of the system during periods of sufficient moisture in accordance with F.S. § 373.62.

(g)

Variances.

(1)

A variance from the specific day or days identified in subsection (d)(4)b. may be granted by the city commission if strict application of the restrictions would lead to unreasonable or unfair result; provided the applicant demonstrates with particularity that compliance with the schedule will result in substantial economic, health, or other hardship on the applicant or those served by the applicant. If granted, the applicant shall be required to post a notice at each parcel to which the variance pertains. Relief may be granted only upon a demonstration that such hardship exists, is peculiar to the person or the affected property, is not self-imposed, and further demonstrates that granting the variance would be consistent with the general intent and purpose of this division.

(2)

The city recognizes all irrigation variances or waivers issued by the District under Rule 40E-24.501, F.A.C.

(h)

Declaration of water shortage or water shortage emergency. Declaration of a water shortage condition and/or water shortage emergency, as defined in this section, within all or parts of the city by the district's Governing Board or Executive Director shall supersede this subsection for the duration of the applicable water shortage declaration in accordance with chapter 19, article II of the city's Code of Ordinances. A water shortage usually occurs due to drought.

(i)

Enforcement.

(1)

In the absence of a declaration of water shortage or water shortage emergency within all or any part of the city by the District's Governing Board or Executive Director, the listed landscape irrigation restrictions shall be subject to enforcement action.

(2)

The city authorizes law enforcement officials, as defined in this section, having jurisdiction in the area governed by this section, to enforce the provisions of this section.

(j)

Penalties. Violations of any provision of this section may be punished pursuant to F.S. § 162.21 and section 13-79 of the City Code, and penalties may be imposed in accordance with section 13-80 of the city's Code of Ordinances.

(Ord. No. 21-22, § 2, 9-28-2021)

(a)

Purpose and intent. The provisions of this section are intended to protect the natural resources, including land, water, native vegetation and wildlife, within the City in accordance with the Growth Management Act of 1985, Rule 9J-24 of the Florida Administrative Code and section 5, "conservation" of the goals, policies and objectives of the comprehensive plan of the City. This section is specifically intended to implement the provisions of objective 5.4 and policy 5.4.8 of the comprehensive plan.

(b)

Definition. "Environmentally-sensitive lands" shall mean any area of land or water designated by the City, or other appropriate governmental entity as being needed to serve the purpose of conserving or protecting natural resources or environmental quality.

(c)

Environmental impact reports.

(1)

When required. If a proposed development includes all or any part of any lands which are designated by any governmental agency as "environmentally-sensitive lands," the applicant shall prepare and submit an environmental impact report (EIR) identifying the effects that the proposed development would have on the unique natural qualities and resources of the area and identifying strategies to protect the resource or mitigate unavoidable adverse impacts on the resource.

(2)

Contents. The EIR shall be prepared by a qualified field biologist or ecologist, as that term is defined in section 21-9, Definitions, and shall include the following information:

a.

An identification and detailed description of the types and significance of impacts that the proposed development is anticipated to have on the unique natural qualities and resources found on the site. Impact categories to be identified and described include water resources, vegetation, soil, air, wildlife, aesthetics, open space, outdoor recreation and land use. This analysis shall be based on the activities related to the development and the environmental attributes which will be affected by them.

b.

An identification of conservation measures to minimize or alleviate adverse environmental impacts of the proposed development. Conservation measures shall include the preservation of a particular portion or portions of a site which contain a significant ecological plant and/or wildlife community, and shall be sufficient to protect the integrity of the resource.

c.

A mitigation plan in those cases where the proposed development will have an adverse impact upon the resource.

d.

An identification of the need for public land acquisition, if applicable.

(d)

Action on EIR. If otherwise in compliance with the minimum requirements of this section, and if the City Commission determines that the EIR submitted adequately addresses the impacts expected by the proposed development on the unique natural qualities and resources of the site and that the mitigation plan will adequately address the adverse impacts of the proposed development, an application for a development permit may be approved and shall be subject to the requirements of the EIR which will include those conditions that have been determined by the City Commission to be reasonably necessary to minimize adverse environmental impact. The execution and recordation of an agreement which will ensure compliance with the conditions of the development approval adopted by the City Commission shall be a condition of approval of the development order and such an agreement will also provide for recordation of releases upon satisfaction of the conditions.

(e)

Additional study. If the City Commission determines that the EIR and the proposed mitigation plan is insufficient to avoid adverse environmental impacts, it may direct that further study or studies be performed in order to determine if additional measures can be taken to protect the environmental resources which have been identified on the land proposed for development. Such further studies shall be completed within six months of the date that the City Commission determines that the EIR and mitigation plan is insufficient. Upon completion of the study, the City Commission shall approve, approve with conditions or disapprove the proposed development.

(f)

Acquisition. If the City Commission determines that acquisition of all or part of the land, or of some interest in the land, is necessary to avoid adverse environmental impact, the City Commission may defer action on the application for a period of time not to exceed six months from the date approval of the City Commission would otherwise be required under chapter 24 of this Code for the purpose of arranging for the acquisition of the land or some interest therein. At the expiration of such six month period, if the application conforms with all requirements of this section and other applicable law, the City Commission shall approve the application for development permit subject to appropriate conditions unless the land has been acquired, condemnation proceedings have been initiated, or the applicant agrees to a further extension of time.

(a)

Definitions. For the purposes of this section, the following words shall have the meanings herein described:

Endangered species means any species of fish or wildlife naturally occurring in Florida, whose prospects of survival are in jeopardy due to modification or loss of habitat or over-utilization for commercial, sporting, scientific or educational purposes. Said species shall be those set forth in section 39-27 of the Florida Administrative Code, as same may be amended from time to time.

Qualified field biologist or ecologist means a firm or individual certified to be professionally competent or capable to perform habitat assessments in South Florida by a nationally recognized organization or otherwise acceptable to the Florida Freshwater Fish and Game Commission, Non-Game Wildlife Division.

Rare species means those species of fish or wildlife that are so designated by ordinance by the City Commission of the City from time to time.

Species of special concern means any species of fish or wildlife that are not currently threatened or endangered but are the subject of special concern because of potential habitat loss or over-utilization for commercial, sporting, scientific or educational purposes and have been designated as such by the Florida Freshwater Fish and Game Commission as set forth in section 39-27.005 of the Florida Administrative Code, as same may be amended from time to time.

Threatened species means any species of fish or wildlife naturally occurring in Florida that may not be in immediate danger of extinction, but exists in such small populations as to become endangered if it is subjected to increased stress as a result of further modification or loss of habitat or over-utilization for commercial, sporting, scientific or educational purposes. Said species shall be those set forth in Section 39-27.004 of the Florida Administrative Code, as same may be amended from time to time.

(b)

Applicability. No permit shall be issued by the Building Department authorizing any land clearing or development of any land within the City, unless and until the developer has demonstrated that the parcel proposed for land clearing or development does not serve as a habitat for a rare, threatened or endangered species or a species of special concern.

(c)

Submittals. A developer may demonstrate that a parcel proposed for land clearing or development does not serve as habitat for rare, threatened or endangered species or a species of special concern through approval of any one of the following submittals:

(1)

Site visit. If the parcel proposed for land clearing or development is less than one acre in size and is surrounded on at least 50 percent of its boundaries by developed land, is not contiguous to any property which exhibits or contains land cover or other conditions likely to serve as habitat for any rare, threatened or endangered species or species of special concern, which when added to the parcel equals one acre or more, an affidavit that a qualified field biologist or ecologist has visited the site and is of the opinion that the parcel does not serve as habitat for any rare, threatened or endangered species or a species of special concern;

(2)

Field assessment. A preliminary field assessment of the parcel proposed for land clearing or development together with an affidavit, prepared and sworn to by a qualified field biologist or ecologist, stating that a field inspection of the parcel proposed for land clearing or development indicates that there is no reasonable likelihood that the parcel serves as habitat for any rare, threatened or endangered species or species of special concern. For the purpose of this preliminary field assessment the presence of land cover likely to serve as habitat for any such species shall be deemed to be evidence that the parcel proposed for land clearing or development is likely to serve as habitat for such species;

(3)

Site survey. A detailed site survey of the parcel proposed for land clearing or development, prepared and sworn to by a qualified field biologist or ecologist, that demonstrates that the proposed character, location and magnitude of the proposed land clearing or development is such that it will not have an adverse impact or result in any harm to any individual rare, threatened or endangered species or a species of special concern;

(4)

Mitigation plan. A mitigation plan, prepared and sworn to by a qualified field biologist or ecologist, demonstrating that the proposed land clearing or development will not result in the taking of any threatened or endangered species and that the survival of each and every population of any rare, threatened or endangered species or a species of special concern, individuals of which are found on the parcel proposed for land clearing or development, is assured notwithstanding the proposed land clearing or development.

(d)

Current information. Affidavits, site surveys, or field assessments must be current to within 30 days of the date of application for permit. Should a permit expire, or should a period of 75 days elapse between the date of issuance of the permit and the commencement of work, or between the date of issuance of the initial permit and any subsequent permit, the developer shall be required to have the affidavit, site survey, or field assessment updated or a new affidavit, site survey or field assessment performed prior to the renewal of the permit, commencement of work or issuance of a new permit.

Development within the City shall comply with the Broward County Wellfield Protection Ordinance No. 84-60 and Wellfield Resolution No. 84-2025, as amended.

The City Commission hereby prohibits the method of land burning for clearing undeveloped parcels of land in the City.

(a)

Yard waste. Yard wastes shall not be disposed of or stored by shorelines, in ditches or swales or near or into storm drains. Mulching mowers are recommended. When a conventional mower equipped with a side discharge chute is used near the shoreline, the user shall direct the chute away from the water body. When mowing upland areas, the user shall direct the chute back onto the yard, not onto the road or other hardscape area. Shredded yard clippings and leaves should be used for mulch or be composted for use as fertilizer.

(b)

Fertilizer management. Fertilizers applied to turf and/or landscapes shall be formulated and applied in accordance with requirements and directions provided by Rule 5E-1.003(2), Florida Administration Code, Labeling Requirements for Urban Turf Fertilizers. Rotary fertilizer spreaders should have deflector shields. Deflectors must be positioned so that fertilizer granules are deflected away from all impervious surfaces, fertilizer-free zones and water bodies, including wetlands. All fertilizer that lands on impervious surfaces shall be immediately and completely removed to the greatest extent practicable. In no case shall fertilizer be washed, swept, or blown into stormwater drains, ditches, conveyances, or water bodies. Fertilizer shall not be applied within ten feet, or three feet if a deflector shield or drop spreaders is used, of any pond, stream, water course, lake, canal or waterbody. Newly installed turf or landscape plants may be fertilized in this zone only for the first 60-day establishment period, using caution to prevent direct deposition of nutrients into the water.

(c)

Pesticide management. All landscape applications of pesticides, including weed and feed products, for hire should be made in accordance with state and federal law and with the most current version of the Florida Friendly Best Management Practices (BMPS) for Protection of Water Resources by the Green Industries. Property owners and managers are encouraged to use Integrated Pest Management (IPM) strategy as currently recommended by University of Florida Cooperative Extension Service publications. When using pesticides, all label instructions are state and federal law and must be adhered to.

(d)

Landscape maintenance. In no case shall grass clippings, vegetative material and/or vegetative debris either intentionally or accidentally, be washed, swept, or blown off into stormwater drains, ditches, conveyances, waterbodies, wetlands, or sidewalks or roadways.

(e)

Shoreline and water body maintenance. No prohibited or non-native aquatic plant shall be placed in, or knowingly be distributed for use in natural waters, or waters connected to natural waters. Shoreline plants should not be fertilized or treated with herbicides. A voluntary six foot low maintenance zone is recommended from any pond, stream, water course, lake, wetland or from the top of a seawall. No mowed or cut vegetative material should be deposited or left remaining in this zone or deposited in the water. Care should be taken to ensure erosion of the surface soil does not occur as excessive erosion may be a greater pollutant than occasional proper applications of fertilizer.

(Ord. No. 12-2-1, § 4, 2-28-12)

(a)

Length, width and shape generally. The length, width and shape of blocks shall be determined with due regard to:

(1)

Provision of building sites adequate for the contemplated use;

(2)

Zoning requirements;

(3)

Need for convenient and safe access, circulation, and control of pedestrian and vehicular traffic;

(4)

Limitations and opportunities of topographic features.

(b)

Block length shall not exceed 1,320 feet, nor be less than 500 feet, unless found unavoidable by the Planning and Zoning Board.

(c)

Where found necessary by the Planning and Zoning Board, pedestrian crosswalks, or walkways, not less than ten feet in width, may be required in blocks over 1,000 feet in length to provide safe and convenient access to schools, playgrounds, shopping centers, transportation or other community facilities.

(a)

Arrangement and design generally. The lot arrangement and design shall be such that all lots will provide satisfactory and desirable building sites, properly related to topography and to the character of the surrounding development.

(b)

Dimensions and areas generally. Lot dimensions and areas shall not be less than specified by applicable provisions of the City's zoning regulations.

(c)

Width of corner lots. Corner lots shall be a minimum of five feet wider than the minimum width required by the City zoning regulations.

(d)

Side lot lines. Side lot lines shall be perpendicular to the tangent of the right-of-way or, on cul-de-sacs, radial to street lines.

(e)

Double frontage lots. Double frontage lots shall not be permitted in the City, except as provided in section 25-72, double frontage lots.

(f)

Access to streets, public and private. Every lot shall abut upon and have permanent access to a street, and residential lots shall have a street frontage of not less than that required by the applicable zoning standards. If the zoning standards do not have specific requirements, the minimum street frontage per fee simple lot on single-family detached units shall not be less than 40 feet.

It is hereby prohibited for any site development plan to contain double frontage lots, meaning any lot wherein both the front and rear yards abut a public or private right-of-way; provided, however, that the Planning and Zoning Board may recommend and the City Commission may approve a waiver of the provisions of this section for such lots, if the rear yards abut a public or private right-of-way 80 feet in width or greater, subject to the following limitations:

(a)

Width of required buffer. There shall be a buffer adjacent to said right-of-way, a minimum of 20 feet in width, ten feet of which may be required setback as specified in the appropriate zoning district regulations, which shall be designated as a buffer zone by either an easement or as a separate parcel. An additional five feet of buffer zone shall be required for each additional story over one story of any building located within 60 feet of the property line.

(b)

Maintenance. The required buffer zone shall be dedicated to a single entity, such as a maintenance association, for ownership and perpetual maintenance. The plat shall specify that the grantee shall be responsible for perpetual maintenance of the buffer zone to a level compatible with the general appearance of the subdivision or development.

(c)

Required landscaping. The following buffer treatment shall be provided.

(1)

Berms. Berms a minimum of four feet in height and averaging not less than five feet in height shall be provided in designated buffer zones. The slope of said berms shall not exceed one foot of vertical rise per three feet of horizontal run. Where space limitations exist, a painted concrete block and stucco retaining wall shall be integrated into the design of the berms to achieve the minimum and average heights specified. The City Commission may approve an optional design of a retaining wall in its discretion, after review by the Community Appearance Board.

(2)

Supplemental landscaping required. A minimum of one tree every 40 lineal feet of buffer zone shall be planted so that no tree is further than 60 feet from another. The buffer zone shall be sodded in accordance with the standards set forth in chapter 25, article III, landscaping.

(3)

Plan approval and installation of materials. Plans detailing the berms and landscaping specified herein shall be submitted to the City for review and approval along with the required engineering plans as specified in section 24-61, required information. Berms and required landscaping shall be installed prior to the issuance of any certificate of occupancy for any structure located within 500 feet thereof.

(d)

Maintenance of preexisting fences, walls or hedges. No fences, walls or hedges shall be permitted to be installed in platted buffer zones except walls and berms installed pursuant to the standards set forth in subsection (e) above. Any fences constructed pursuant to preexisting provisions requiring fences or walls to be erected on the rear yards of double-frontage lots, absent any duly-recorded covenants and restrictions governing the uniform and perpetual maintenance of same, shall be maintained by the private property owner in accordance with the following standards.

(1)

Rear yard fences on double frontage lots shall be six-foot-high shadowbox style as specified herein:

a.

Terminal, corner and gate posts shall be four inch by four inch by eight foot pressure-treated pine, with 24 inches in subgrade surrounded on all four sides by not less than six inches of 2,500 p.s.i. concrete, with no concrete on the bottom, and square cut on top.

b.

Intermediate posts shall be four inches by four inches by eight foot pressure-treated pine, with 24 inches in subgrade surrounded on all four sides by not less than six inches of 2,500 p.s.i. concrete, with no concrete on the bottom, and square cut on top. Intermediate posts shall be spaced not more than four feet on center.

c.

Horizontal rails shall be two inch by four inch pressure-treated pine, not longer than 12 feet in length. Rails shall be required not more than four inches from the top of posts, and not more than six inches from the bottom finished grade, and midway between top and bottom posts.

d.

Fence faces shall be vertical one inch by six inch six feet pressure-treated pine alternating on both side of rails so as to make a standard shadowbox.

e.

Gates shall be not less than 36 inches wide, shall have a top, bottom and diagonal rail and face as described herein, shall have three galvanized half strap hinges and one latch. Gates shall be required in all rear fences of double frontage lots.

f.

Fasteners shall be galvanized or stainless steel, not less than two inches in length and may be applied either manually or mechanically.

g.

Fence finish/color shall match that which exists in the existing fence line directly to each side of that which is to be installed.

(2)

Rear or side yard concrete masonry walls on double-frontage residential lots shall be maintained by the property owner, as specified herein.

a.

The property owner shall maintain said wall in a clean condition, free from cracks greater than one sixteenth (1/16) of an inch in width, graffiti, peeling paint and missing materials.

b.

When re-painting is needed, the wall shall be re-painted with "Glidden Natural White" (#20791) and the trim shall be repainted with "Glidden The Hunt" (#03884), or a product identical in color, shade and hue.

Easements across lots or centered on rear or side lot lines shall be provided for public utilities where necessary and shall be at least 12 feet in total width.

(a)

Subdivision plans approved by the City shall provide for street rights-of-way of a minimum width of 60 feet in width. The City Commission may, in cases of extenuating circumstances waive the aforesaid requirements, but under no circumstance shall the street right-of-way be less than 50 feet in width.

(b)

Where a subdivision abuts or contains an existing street of inadequate right-of-way width, additional right-of-way in conformance with the City's adopted standards may be required at the time of platting.

(c)

If lots resulting from original subdivision are large enough to permit or require resubdivision, or if a portion of the tract is not subdivided, adequate street right-of-way to permit future subdivision shall be provided as necessary.

(a)

All street improvements shall be constructed in conformance with the City's approved engineering standards.

(b)

The following criteria apply to all roadway sections:

(1)

Roadway sections shall be constructed in accordance with the City's adopted engineering standards. Transitions at turnouts and intersections are to be evaluated on an individual basis by the City Engineer.

(2)

All roadway construction shall conform applicable City ordinances, construction standards and specifications published by the City.

(3)

Rights-of-way shall be demucked and all vegetation and other deleterious material removed for their total width and filled with clean material acceptable to the City.

(4)

All grass areas shall be free of stones and debris, covered with four inches of topsoil, grassed and mulched.

There shall be a stand of grass evident prior to final acceptance by the City.

(5)

All arterial and principal collectors and median openings shall be striped in accordance with the latest Florida Department of Transportation Standards for Pavement Markings, and the Manual on Uniform Traffic Control Devices for Streets and Highways.

(6)

Roadway designations refer to the City's trafficways plan. All such designations shall be in accordance with said trafficways plan, unless such plan conflicts with Broward County's trafficways plan.

(7)

All street pavements shall conform to the City's adopted engineering standards.

(8)

Swale-type drainage may be allowed in 50-foot or greater rights-of-way, in lieu of concrete gutter, providing the designing engineer can demonstrate to the satisfaction of the City that soil characteristics are such that stormwater infiltration rates are adequate. Judgment in this matter is vested solely with the City Engineer.

(9)

Concrete sidewalks shall be required throughout the City in accordance with the City's adopted engineering standards.

(10)

Specifications for and testing of materials and soils shall be in accordance with the City's adopted engineering standards.

(11)

Minimum street elevations shall conform to established ten year flood elevations or a minimum of 18 inches above adjacent crown of road.

(a)

The location, direction and width of all highways shall conform to the official trafficways plan of the City and Broward County.

(b)

Minimum design criteria for streets and roads, including pavement width, grade, radius of curve and stop sight distances are outlined in the City's adopted engineering standards.

(c)

The street system of any area to be platted shall have a direct connection, over public rights-of-way, to public streets or trafficways.

(d)

The system of streets designated for the subdivision, except in unusual cases, must connect with streets already dedicated in adjacent platted subdivisions. In general, the reasonable projection of streets of the nearest subdivisions must be continued to the boundaries of the tract subdivided so that other subdivisions may connect therewith. Such streets shall be of a width at least as great as that of the streets so continued or projected, unless approved otherwise by the City.

(e)

Rights-of-way providing for the future opening and extension of streets may be a requirement of the plat.

(f)

Minor and collector residential streets shall be laid out and arranged so as to discourage their use by through traffic. Residential streets shall not connect with industrial areas, unless approved by the City Commission.

(g)

Where a residential subdivision or residential property abuts on an existing or proposed trafficway, the City may require marginal-access streets, separating the adjacent roadways.

(h)

Whenever a street changes direction, or connecting street lines deflect from each other by more than ten degrees, there shall be a horizontal curve.

(i)

Curvilinear streets are desirable for local and secondary collector streets in order to discourage excess vehicular speeds and to provide attractive vistas.

(j)

Any proposed developments which abut divided rights-of-way, 100-20 feet (120') in width or greater and which do not have authorized, direct access to a median cut, shall provide a service or frontage road, or provide internal collector roads to connect the development, and any other adjacent land uses, to an authorized median cut or local roadway, in order to facilitate proper and safe means of ingress and egress to the proposed development.

(Ord. No. 95-5-1, § 1, 5-9-95)

(a)

Intersections with principal collectors shall be in accordance with Broward County's adopted trafficways standards.

(b)

Street shall be laid out to intersect as nearly as possible at right angles. No street shall intersect other than at an angle of 90 degrees. Y intersections shall not be permitted.

(c)

Multiple intersections involving junction of more than two streets shall be prohibited.

(d)

Street intersections shall be a minimum of 125 feet apart. Whenever possible intersections with trafficways other than secondary thoroughfares shall be located not less than 660 feet apart, measured from centerline to centerline.

(e)

The centerlines of both intersecting streets shall be continuous through the intersection. Street intersections with centerline offsets of less than 125 feet are prohibited.

(f)

Property line corners at intersections shall have a minimum radii in accordance with the following.

(1)

Intersections of minor streets shall have a 38 foot radii.

(2)

Intersections of a minor street and a collector road shall have a 48 foot radii.

(3)

Intersections of two collectors or greater shall have a 55 foot radii.

(4)

All radii shall be constructed with header curbs abutting the edge of pavement. The design of header curbs shall be a minimum of 18 inches wide by 18 inches deep and flush with the edge of pavement and shall be constructed of transit mix concrete, 3,000 PSI.

(a)

Median strips and landscaped spaces dividing opposing traffic on a street shall be required upon all streets with the City wherein the dedicated right-of-way is 110 feet or greater. All rights-of-way less than 110 feet shall not include median strips.

(b)

Median strips and openings shall be constructed in accordance with the City's adopted engineering standards, unless a left turn lane is not required by the City, or other design is approved. The developer shall provide landscaping which shall be irrigated and landscaped subject to the approval of the City. All median strips shall be curbed.

(c)

Performance bonds and engineering inspection fees for proposed medians and openings which have not been included as part of previously approved site plans shall be in accordance with chapter 24, article V, site development permit.

Street signs designating the names and numbers of the various streets, avenues, terraces, courts or other designations must be installed and paid for by the subdivider or developer at such time as the street or roadway is completed. The subdividers and developers of subdivisions, lots, plats, tracts, and other areas shall further be required to install stop signs, traffic signals or other traffic regulatory devices as may be required by any government agency dealing in transportation and traffic regulation including, but not limited to, the City.

(a)

System required. A street name system shall be constructed by the developer in every subdivision or any new land development project, in accordance with Broward County Traffic Engineering standards. Such plans must be approved by the traffic engineering prior to issuance of a development permit. All street names shall be subject to the approval of the City Commission.

(b)

Ownership and maintenance.

(1)

No certificates of occupancy will be issued for any structure until all street signs have been installed by the developer as required by the City and Broward County Traffic Engineering.

(2)

Upon final approval of a street name sign system, the ownership of the signs shall be transferred to the county.

(a)

System required.

(1)

A lighting system shall be provided in all subdivisions and parking lots serving more than three cars or as part of the improvements shown on the final site plan in any new land development project. Installation of all public underground facilities must be completed before streets are paved.

(2)

No site plan shall be approved for any subdivision or new land development project unless the engineering drawings therefor contain adequate provision for street lighting.

(3)

No certificate of occupancy shall be issued to any structure until the street lighting and parking lot lighting, if applicable, is completed and operable or a commitment acceptable to the City has been provided by the electric utility for that area.

(4)

All street lighting shall be owned and maintained by Florida Power and Light, and be installed at no cost to the City.

(b)

Design and construction standards. All street and all public and private parking lot lighting shall conform to the City's adopted engineering standards.

(1)

All designs for lighting shall be approved by the City and the franchised electric utility, who will follow, at a minimum, the I.E.S. Standard Practice for Street and Highway Lighting, for street lighting.

(2)

Wiring for street lighting shall be underground except in areas where primary distribution conductors are overhead. Subject to the approval of the City and the franchised utility, the primary poles may be used for street lights and associated wiring.

(3)

All luminaries for street lighting shall be a minimum of 5,800 lumen lights, mounted on concrete poles.

(4)

All required lighting shall be high-pressure sodium vapor; provided, however, that commercial districts may be permitted to utilize metal halide fixtures upon approval of the City.

Private streets shall be allowed within the City only at the absolute discretion of the City Commission in individual circumstances and subject to the following terms and conditions and any other terms and conditions deemed necessary by the City Commission to protect the health, safety and welfare of the citizens of the City.

(a)

Private streets may be permitted in all zoning districts.

(b)

All streets serving two or more sites shall be not less than 60 feet in width and shall be 24 feet in pavement width.

(c)

No private street or drive shall exceed 900 feet between points of intersection with a public street; providing that a private street or drive terminating in a paved turnabout not less than 80 feet in diameter and not over 400 feet in overall length may be utilized to serve sites.

(d)

All private streets must be constructed to standards applicable for publicly dedicated streets including sidewalks and swales, including the City's Manual of Engineering Standards, within the City as said requirements shall exist when a permit to construct said streets is obtained. If a permit lapses, the standards that will apply are those in effect when the next permit is obtained.

(e)

All street yard setbacks shall be measured along private streets from the building edge of the sidewalk. The edge of the walk shall be at least 13 feet from the edge of the pavement.

(f)

All private streets must be self-contained, that is they must be interior residential streets and not through streets for public use.

(g)

There must be a covenant placed upon the records requiring future owners of property surrounding the private street to maintain said street and its drainage appurtenances for as long as it remains a private street.

(h)

The City shall receive an option in recordable form authorizing it to purchase the private street(s) at a cost of $1.00, said option to remain in effect for a period of at least 50 years.

(i)

All private streets shall be open to all city vehicles, all emergency vehicles and all city personnel at all times, by means of a recordable easement or other appropriate document. City officials, including vendors engaged by the City to perform a municipal or public service, are to be authorized to have complete access at all times to service the community and enforce all existing laws, ordinances and motor vehicle regulations on all private streets.

(j)

All private streets must be completely constructed in accordance with the City and DOT standards, including the City's Manual of Engineering Standards, and approved by the appropriate City officials, prior to the issuance of any building permits for homes to be located thereon. Upon completion of all building on the street, the last ¾-inch or greater layer of asphalt surface shall be constructed and such construction shall be approved by the City Engineer. It is not intended that this subparagraph modify or reduce any applicable municipal construction standards, and any stricter standards will control in the event of a conflict.

(k)

The party developing a private street shall be required to post with the City a bond in accordance with section 24-82, public improvement bonds, in an amount equal to 110 percent of the cost of the streets and drainage therefor, guaranteeing completion of the work within 18 months of commencement of construction to City's standards. If the work is not completed within 18 months, the City shall be given the right to complete the work. Any extra costs shall be chargeable to the developer. This bond is in addition to all other bonds required by City regulations.

(l)

Prior to approval by the City Commission, there must be recorded a covenant relieving the City, county, and any other entity of any liability for any injuries which may occur as a result of the street being a private street. Said covenant shall also hold the City and county harmless for all attorney's fees incurred.

(m)

A private street will be allowed only if all utilities are authorized to go thereon for any improvements or utility work needed on, near or about the road and if all utility easements required by said utilities prior to construction are provided. All paved surfaces shall be asphalt. Concrete is specifically prohibited, other than sidewalks.

(n)

Street lights shall be erected in accordance with section 25-86, street and parking lot lighting.

(o)

As a prerequisite to acceptance of ownership of a private street at the request of those obligated to maintain it by the City, the physical condition of that street must meet then existing City standards and be so certified by an engineer licensed in Florida.

(p)

Guardhouses may be constructed adjacent to private streets, subject to section 23-97, guardhouses.

(q)

If road right-of-way is dedicated to public in the future, all structures, including, but not limited to, guardhouses, pumps, gates, etc., shall be removed from the right-of-way.

(r)

City vehicular access into gated communities and gated commercial properties.

(1)

All new and existing gated communities and commercial properties with automatic entry/exit gates within the city shall install, at the expense of the developer, builder, community association or other responsible party, an emergency vehicle access control system and backup emergency vehicle access system at each vehicle access entry/exit point of the community or commercial property in compliance with this section. Existing community vehicle access gates and gated commercial properties shall be in compliance with this requirement no later than September 1, 2022.

(2)

Gated communities and commercial properties that are staffed with security 24/7 are not exempt from the requirements of this section.

(3)

Access system requirements for emergency vehicle access to gated communities and commercial properties with automatic entry/exit gates:

a.

The emergency vehicle access system required by this section shall only be the type of system that has been approved by a resolution of the city commission.

b.

The backup emergency vehicle access system required by this section shall only be the type of backup emergency vehicle access system that has been approved by a resolution of the city commission.

(4)

Personnel access authorization:

a.

City vehicles, emergency vehicles and all City personnel shall be authorized to gain access to any gated community and gated commercial properties within the city to perform any lawful duties of the City, in accordance with applicable law.

(5)

System maintenance:

a.

Maintenance of the installed emergency vehicle access and backup emergency system shall be the responsibility of the property owner.

(6)

All access gates shall be designed to unlock with a readily accessible manual release device.

(7)

All automatic entry/exit gates containing multiple sequential gates or barrier arms shall be programed to allow the emergency vehicle access system to open all sequential gates and barrier arms simultaneously.

(8)

During a power failure, all access gates shall be designed to fail in the open position.

(9)

The City's Fire Marshall shall be responsible for enforcing and ensuring compliance with this section. At the option of the City, this chapter may be enforced:

a.

As provided by City's code enforcement procedures found in chapter 13 of this Code;

b.

As provided in section 1-8 of this Code; or

c.

Through any legal remedy available to the City.

(Ord. No. 22-2, § 2, 3-8-22)

New half or partial streets shall be permitted where essential to reasonable subdivision of a tract in conformance with this chapter and where satisfactory assurance for dedication of the remaining part of the street is provided. Whenever a tract to be subdivided borders on an existing half or partial street, the other part of the street shall be dedicated within such tract. Two lanes of a four lane right-of-way may be allowed when the road serves a new subdivision.

Dead-end streets shall be prohibited except where appropriate as stubs to permit future street extension into adjoining unsubdivided tracts or when designed as cul-de-sacs.

(a)

Streets having cul-de-sacs permanently designed as such, shall not exceed 600 feet in length, measured from the centerline of the last intersecting street.

(b)

Cul-de-sacs shall be provided at the closed end with a circular turnaround having a paved area of 80 feet and right-of-way not less than 116 feet in diameter.

(a)

When required. Alleys should be provided to serve multiple dwelling, business, commercial and industrial areas; except that the Planning and Zoning Board may waive this requirement where other definite and assured provision is made for service access, off-street loading, unloading and parking, consistent with and adequate for the uses permissible on the property involved.

(b)

Minimum width. The width of an alley shall be at least 20 feet.

(c)

Changes in alignment of intersections of alleys with streets. Changes in alignment of intersections of alleys with streets shall be made on a centerline radius of not less than 35 feet.

(d)

Dead-end alleys. Dead-end alleys shall be avoided where possible, but if unavoidable, shall be provided with adequate turn-around facilities for service trucks at the dead end, with a minimum external diameter of 94 feet, or as determined by the City Commission.

(e)

Adjacent block corners. Block corners adjacent to alleys shall have a minimum radius of 25 feet in residential areas and 35 feet in business, commercial and industrial areas.

(a)

All roadways and streets which cross canals and open waterways shall be constructed upon an earth fill embankment and arch culvert. Protective guardrails and barriers shall be installed for the protection of pedestrians.

(b)

The manner of construction shall be in accordance with the standard drawing entitled "Culvert Crossing Under Roadways" dated January 4, 1977, copies of which are on file and available from the Building Department and is made a part hereof by reference.

(Code 1974, § 18A-2)

All applications for vacation or partial vacation of all or a portion of public easements or rights-of-way shall be accompanied by a fee in an amount determined by resolution of the City Commission to cover the cost of processing such requests. In addition, the applicant shall be responsible for the reasonable costs of publication if any publication is required by applicable regulations.

(a)

All portions of the roadway, including medians, remaining unpaved shall be sodded and irrigated in accordance with City standards. Grass or sod shall be installed in all rights-of-way at a time determined by the City; providing, however, that it shall be installed and established prior to the release of the improvement bond.

(b)

All work herein referred to shall be maintained in accordance with said City standards and shall be kept at a height no greater than six inches until the roadway has been accepted by City Commission resolution and the improvement bond has been released.

(a)

Height of grass. All owners of property within the City are required to maintain at a height not to exceed six inches from the ground all unpaved public right-of-way abutting their property by cutting grass, weeds, and other vegetation on the unpaved public right-of-way. For the purposes of this section, the term "property owner" is defined as the person or persons shown on the county real estate tax records as the owner of the property, and the term "public right-of-way" shall mean all streets, roads, alleys, lanes, water or other public ways where the public has the right to travel or which are open to the use of the public.

(b)

Waste material. All property owners within the City are required to remove all waste material, junk or other debris from the public right-of-way abutting their property.

(c)

Prohibited placements. The placement and maintenance of shrubbery, raised sprinkler systems, signs, tree trimmings, refuse, overhang of branches less than eight feet above grade, and all other articles or materials, other than trees, within the public right-of-way is prohibited.

(d)

Maintenance of driveways and sidewalks. It shall be the responsibility of the owner of the property whose driveway or other entrance to his property intersects the public right-of-way to maintain said driveway, including that portion of the sidewalk within the width of the driveway or other entrance, including without limitation that portion which is on the public right-of-way.

(1)

Prior to the installation of any new driveway apron, developers shall install a minimum of three Schedule 40 PVC (polyvinylchloride) sleeves, one and one-half-inch diameter, under the driveway apron for future installation of underground utility lines.

(e)

Exceptions. The prohibitions contained in this section shall not apply in the following situations:

(1)

Trash for pick-up. Properly packaged trash, waste material, refuse and other articles may be placed on the unpaved public right-of-way no more than 24 hours before the next scheduled pick-up.

(2)

Paved portions of streets. Property owners are not required to maintain the paved surface of the public streets.

(3)

Mailboxes. Single-family property owners may place mailboxes in the unpaved public right-of-way when such placement is a prerequisite to mail delivery to their property.

(4)

Parking. Vehicular parking in the public right-of-way shall be governed by other applicable laws, ordinances or regulations.

(5)

Agents of City. The prohibitions against placing or maintaining any object or material in the public right-of-way shall not apply to the City or to its authorized agents, nor shall they apply to franchised public utilities operating within the scope of their easements or franchises.

(6)

Inaccessibility. The City Manager may designate public property abutting paved public rights-of-way greater than 60 feet in width, and which are designated as major trafficways, to be maintained by the City due to unreasonable access problems affecting abutting property owners. This finding shall be based on barriers separating the abutting property owners' property and the unpaved right-of-way such as an unbroken line of trees or bushes, planted by the original developer of the property or by the City. All requests and all decisions shall be in writing and shall state the basis for a claim that unreasonable access to the public right-of-way exists.

(f)

Penalty. For the purposes of this section, 25-95, the following penalties shall apply.

(1)

If a citation which issued for violation of this section is paid prior to the issuance of a notice to appear or municipal information, the fine shall be $50.00; and if such fine is paid after issuance of a notice to appear or municipal information but prior to the date of arraignment for such violation, the fine shall be $75.00; and if such fine is paid after the date of arraignment but prior to any trial, the fine shall be $100.00. If the case is brought to trial, the penalty, upon conviction, shall not be less than $100.00.

(2)

Under the provisions of this section, each day that a violation exists shall constitute a separate offense and shall be subject to a separate penalty and fine.

(a)

Permit required. No person shall open any City street or City median or alter or cut any City curb adjacent to any street or thoroughfare without first obtaining a permit from the City authorizing such alteration or change of pavement or median cut. In the event of a conflict with these standards, and those of the State of Florida or of Broward County, the jurisdiction which is listed as that governing the roadway according to the functional highway classification system map shall prevail.

(b)

Fees, miscellaneous regulations.

(1)

Fees. The applicant for a permit required by subsection (a) above, shall pay to the City as a permit fee a sum in accordance with a schedule established by resolution of the City Commission. This fee schedule is available at the office of the City Clerk for public viewing.

(2)

Fees for commencing work without permit. Except for emergencies, the above permit fees shall be doubled if work commences before a permit is issued to the applicant. If the street opening is covered before test samples have been taken or the City has granted permission, the City may order the backfill and/or restoration work removed for whatever testing and inspection that may be required. Permits expire 60 calendar days following issuance; however, one 30 day extension may be granted for good cause by the City.

(3)

Utility companies. Utility companies whose franchise agreement with the City provides for the deduction of permit and/or inspection fees and/or costs from time to time may obtain permits without the payment of fees therefor.

(4)

Definitions. For the purposes of this section only, "street" shall mean the entire public right-of-way or private easement, whether paved or not; and "street cut" shall mean any excavation within, on or under the street, and including boring and jacking operations.

(c)

Restoration methods generally.

(1)

Conformance with state requirements. Pavement restorations shall conform with requirements of the Florida Department of Transportation in effect at the date of permit unless otherwise approved by the City.

(2)

Relocation of trees, etc. All natural foliage removed as a result of street cuts, median cuts, sidewalks or thoroughfare cuts shall be replaced or relocated at the discretion of the City Public Works Director, within the approved list of planting materials in chapter 25, article III, landscaping. All costs of relocation shall be borne by the applicant.

(3)

Tests and analyses. Laboratory and field tests which are, in the opinion of the City, necessary to establish compliance with the compaction requirements of the City's adopted engineering standards shall be conducted at the applicant's expense. Tests shall be made at such depths and locations as selected by the City.

(4)

Inspections. The City shall have jurisdiction and shall inspect each restoration two times during the course of the restoration. One such inspection shall be made for the base course and the second inspection shall be for the finished course.

(5)

Time for completion. Any restoration as provided for in this article shall be completed within 48 hours from the cutting of the pavement, street, curb, or median, or within such time as approved in writing by the City.

(6)

Blocking traffic. During the course of cutting and restoring any thoroughfare or street which consists of more than one lane in either direction, not more than one lane in either direction may be rendered impassable by traffic at any given time. In all cases, the time during which work will be permitted shall be governed by the City.

(7)

Safety precautions. Any person making an excavation shall be responsible for all appropriate safety precautions. If insufficient barricading necessitates the City to provide additional safety precautions, the City will do so at double the standard cost for labor and materials.

(8)

Bonds. In addition to the foregoing requirements of this article, the person, developer, owner, contractor, subcontractor or franchisee who shall apply for street cut permits shall furnish to the City a bond in accordance with section 24-82, public improvement bonds. The amount of the bond shall be a minimum of $1,000.00 or as may be determined by the City. Such bond shall be furnished by a surety company of recognized standing authorized to do business in the state and having a resident agent in the county; provided, that the person may, at his option, furnish cash in the same amount, conditioned upon the completion of all required restorations within a period not to exceed the 48-hour limits set in subsection (5) hereinabove. The contractor, subcontractor, or other person making the street cut or having obtained a permit for same shall be responsible for the paving for a period of one year after City's acceptance of the work, to include normal wear and tear, at which time such bond may be released.

(a)

Phosphogypsum shall not be used as road construction material on any City-owned or privately owned road within the City of Cooper City.

(b)

The City of Cooper City urges all contractors and subcontractors to avoid using phosphogypsum as road construction material on any road within the City irrespective of ownership of the road.

(Ord. No. 23-17, § 2, 9-12-23)

(a)

General requirements.

(1)

Location and design of all vehicular ingress and egress driveways between private property and public streets shall meet the requirements of the City and shall be covered by a driveway or building permit.

(2)

Performance bonds and engineering inspection fees for accessways which have been included as part of previously approved site development plans shall be in accordance with chapter 24, article V, site improvement permit.

(b)

Number of driveways. No more than one two-way accessway shall be permitted for any street frontage up to 100 linear feet, or no more than two one-way accessways shall be permitted for any street frontage up to 100 linear feet, such standards to be applicable to any property under one ownership. Where such owner-ship involves over 100 feet of street frontage, one additional two-way or two additional one-way drives may be permitted for each additional 200 feet of frontage or major fraction thereof.

(c)

Driveway location.

(1)

Proximity to right-of-way. Residential corner lots shall have primary driveways constructed at the furthest point from the right-of-way of the nearest street intersection. A circular or secondary driveway shall be at least 25 feet from the corner property line established in the Engineering Standards R-5 diagram. All non-residential drives shall be a minimum of 100 feet from the right-of-way of the nearest street intersection unless otherwise prescribed in the specific zoning district requirements. At signalized intersections, the City will specify distances from right-of-way or pavement edge to allow for sufficient stacking of vehicles in the street prior to the driveway location.

(2)

Separation between driveways. All drives shall be separated by a minimum of 20 feet or as required so that the driveway return radii do not overlap.

(d)

Driveway widths. The width of driveway openings within the public or private street right-of-way shall conform with the following.

(1)

Single-family. Primary driveways that access a carport or garage of a detached single-family or townhouse lot shall have a minimum width of 18 feet and a maximum width of 24 feet.

(2)

Duplex. If a single driveway is provided for both units of a duplex, the driveway width shall conform to the requirements for a single-family driveway in subsection (d)(1) above. If separate driveways are provided, each shall have a minimum width of nine feet and a maximum width of 12 feet.

(3)

Other uses. Driveways for all uses other than detached single-family, duplex or townhouse units shall conform to the following.

a.

One-way driveways shall have a minimum width of 12 feet and a maximum width of 16 feet.

b.

Two-way driveways shall have a minimum width of 24 feet and a maximum width of 36 feet.

(e)

Driveway return radius. The driveway and driveway curb shall flare out to meet the street curb with an arc based on the following driveway return radii.

(1)

Residential. Driveways serving no more than two dwelling units shall have a driveway return radius of not less than five feet nor more than 15 feet.

(2)

Other. Driveways serving all other uses shall have a driveway return radius of not less than 40 feet nor more than 47 feet.

(Ord. No. 20-4-1, § 2, 5-12-20; Ord. No. 20-7-2, § 2, 7-28-20)

In order to promote orderly traffic movement surrounding all public and private developments, the City Commission shall require, prior to commission approval of final plats, site plans or revised site plans, the creation of easements prohibiting vehicular ingress and egress at those locations along the boundaries of the property where otherwise such ingress and egress would, in the Commission's discretion, create traffic congestion or safety hazards. Vehicular ingress and egress shall be prohibited in the following circumstances:

(a)

All residential developments greater than four acres in size shall be constructed with interior vehicular access served by either local service or collector streets. Exterior access to individual lots, buildings or parcels of land shall be prohibited.

(b)

All nonresidential developments shall prohibit vehicular ingress and egress to local service streets, and shall prohibit vehicular ingress and egress except at specific driveway openings constructed in accordance with applicable provisions of the City code, as may be amended, and with the City's adopted engineering standards.

(a)

Repair of sidewalks located on owner's premises. It shall be the duty and responsibility of each property owner (including homeowner associations pursuant to section 6-33(h) of the City Code) to construct or reconstruct and to keep in repair any sidewalks located on their premises (i.e., excluding public sidewalks which are located within the public right-of-way).

(b)

Driveway aprons. The apron area of a driveway shall be repaired by the owner of the abutting property so as to remain in a smooth and clean condition, free from ruts, potholes, loose aggregate and deterioration. Any sidewalks which are separately laid out and constructed as a sidewalk and situated between the paved driveway and the driveway apron area shall be the City's responsibility (in lieu of the owner of the abutting property being responsible for said sidewalk) to the same extent that the City repairs sidewalks pursuant to this section 25-102, except that the City's responsibility under this paragraph (b) shall be subject to each of the following limitations, restrictions and conditions:

(1)

The City shall cause any sidewalk repair for which the City is responsible to be done by its own forces or City contractors in accordance with contract specifications, standards and methods which are approved by the City's Public Works Director.

(2)

The City shall not be responsible for aesthetic or cosmetic differences between the repaired sidewalk and the remaining portion of the driveway or for any lack of uniformity in appearance.

(3)

Before undertaking any sidewalk repair work pursuant to this paragraph (b), the City Manager may require the benefitted property owners to execute release and indemnification forms (the "release:) which serves to implement this provision and to protect the City and its officers, agents, employees, and contractors from liability. The release shall also provide for the benefitted property power to be solely responsible for the repair of the remaining portion of the property owner's driveway.

As an alternative to doing the above-described repair work via the City's own forces or City contractor, the City Manager may authorize, by written agreement, the property owner to engage the property owner's own contractor to do the sidewalk repair work, at the property owner's sole cost and expense, except that the City Manager may reimburse the property owner for the cost of the repair, after the work is satisfactorily completed. The amount of reimbursement shall not exceed the cost that the City would have incurred had the City used its own forces or a City contractor for the repair work.

(c)

Harmony of provisions. Except as provided in paragraphs (a) to and including (b) above, all sidewalk areas within public rights-of-way shall be kept in a structurally sound condition (as defined in section 6-36(o) of the City Code) by the City. Any sidewalks located within the paved driveway apron area of a non-residential property shall be the property owner's responsibility to construct or reconstruct and keep in repair.

(d)

Cleaning of sidewalks. It shall be the responsibility of each property owner (including homeowner associations pursuant to section 6-33(h) of the City Code) to uniformly clean debris, stain, and mold from all sidewalks on or abutting the front or sides of their property. This area shall also be kept clean and free of weeds, trash and debris and other such obstructions. Notwithstanding any other provisions of this section, the City may, in its discretion, periodically clean (i) those portions of a public sidewalk that abuts non-residential property and which are in the public rights-of-way outside a property owner's boundaries; or (ii) sidewalks which abut the rear property boundary of a residential property that may or may not be separated by a fence or other physical barrier from the property.

(Ord. No. 15-5-1, § 2, 5-12-15; Ord. No. 15-5-2, § 2, 5-12-15)

(a)

Sidewalks shall be required in all new construction. Sidewalks shall be constructed in accordance with the City's adopted engineering standards.

(b)

It shall be mandatory that sidewalks be constructed along both sides of each and every street, highway and thoroughfare within the corporate limits of the City.

(c)

Prior to the approval of a site plan of subdivision improvement plan, or prior to the construction, reconstruction or repair of any sidewalk, plans therefor shall be submitted to and approved by the City. The plans shall show the location, dimensions, materials to be used and grading for the proposed construction, reconstruction or repair. The construction, reconstruction, maintenance and repair of all sidewalks shall be acceptable to the City.

(d)

The sidewalk plan shall provide for construction of sidewalks in the street right-of-way adjacent to all property which abuts a street. Sidewalks shall be extended to the edge of pavement over all streets and parking areas and shall be continuous across driveways. In the event there is not sufficient room within the street right-of-way for construction of a sidewalk, the sidewalk shall be constructed on the owner's property adjacent to public streets and the owner shall dedicate an appropriate easement to the public for sidewalk purposes.

(e)

Any sidewalk constructed contrary to the provisions of this section may be condemned by the Chief Building Official and ordered reconstructed or reformed.

(f)

It shall be unlawful for any person to construct, reconstruct or repair any sidewalk contrary to or to violate any other provisions of this section, or the City's adopted engineering standards.

(a)

Guardrails shall be constructed within the right-of-way wherever the designed edge of a canal, lake or ditch lies within 25 feet of the pavement or the City determines that guardrails are necessary for the protection of the public.

(b)

Guardrails shall be constructed in accordance with the Florida Department of Transportation, Standard Specifications for Road and Bridge Construction, 1982 Edition, as amended.

(1)

Any person (including a homeowners' association) who violates any provision of Article VII, shall be subject to enforcement under the Local Government Code Enforcement Act, F.S. Ch. 162, as amended, and Article VI of Chapter 13 of the City Code as amended.

(2)

Each day that a violation continues shall be deemed a separate violation.

(Ord. No. 15-5-1, passed 5-12-15; Ord. No. 15-5-2, passed 5-12-15)

(a)

It is the responsibility of the proposed "user applicant" for development approval to identify the number, size, material and location of all trash and recycling containers and enclosures, either known or generally estimated, on the preliminary site development plans submitted to the City for development or building permits.

(b)

Written approval of the number, size, material and location of all trash and recycling containers and enclosures by the company franchised by the City to provide garbage and trash collection service shall be submitted with any preliminary site development plans submitted to the City for development or building permits or any final site development plan or any revised site plan increasing the size or use of a building.

(c)

It shall be the petitioner's responsibility to demonstrate compliance with the requirements of this section prior to receiving approval of a final site development plan, or requesting a final building inspection or certificate of occupancy.

(a)

Multi-family residential development. Each multi-family residential development shall have one four cubic yard garbage container and one set of recycling containers for each 20 to 25 dwelling units, provided, however, that the maximum walking distance from any dwelling unit to any such container, shall be no greater than 200 feet. The City Commission shall have the option of permitting door-to-door sanitation service in multi-family developments provided the amended development meets or exceeds the following requirements:

(1)

The type of development is single-family attached units or row townhouses and/or villas which have parking areas directly adjacent to the front elevation of the units;

(2)

Four foot wide sidewalks consisting of dustless materials lead from the front door of all units to the edge of the driving aisle located at the end of each parking space;

(3)

Storage of garbage receptacles and recycling containers shall be concealed from public view;

(4)

Each dwelling unit is provided with an individual water meter;

(5)

Curbed, landscaped islands are provided between every two to four parking spaces: and

(6)

Configuration of traffic aisles, relative to width and turnarounds, are sufficient to permit the free-flow of traffic as well as adequate ingress/egress for sanitation vehicles.

(7)

Applicant shall indicate on preliminary site plan if door to door pick-up is proposed.

(8)

Applicant shall provide a letter indicating sanitation review of proposed layout of subdivision.

(b)

Nonresidential developments. The number and size of containers to be provided in nonresidential developments shall be as specified in the following table.

(c)

Supplementary standards.

(1)

The above requirements are minimum standards that must be shown on all site plans prior to City Commission approval. If the applicant is able to submit information to the City Commission demonstrating that fewer containers are required, Commission may approve the site plan with fewer containers, provided that space is provided for all containers required by this section.

(2)

Major tenants, i.e., square footage of 30,000 square feet or more, shall be responsible for their own trash containers. All other containers shall be the responsibility of the landlord.

(3)

Dumpster enclosures in commercial and industrial developments shall be constructed no greater than 200 feet apart, on center. In the event that this provision would require more enclosures than provided for in the table above, this provision shall prevail.

(4)

Any enclosure provided for the use of food-handling establishments must comply with the rules and regulations of the Broward County Health Department relative can-wash facilities, floor drains, etc. as may be amended. Copies of the current regulations are available in the City Building Department for public inspection.

In the event it is determined by the City through over-accumulation of garbage or leasing of space to a food-handling establishment that an occupied nonresidential development is in need of additional enclosures, the property owner may present a revised site plan to City Development Review staff for approval rather than be processed through the site planning procedure provided in chapter 24, subdivision and site plan review. Provided, however, that such revised site plan must be in full compliance with the original final site plan approval granted by the City Commission. In the event the site plan conflicts with Commission approval, the provisions of chapter 24, subdivision and site plan review, shall apply.

(a)

All garbage receptacles shall be required to be shielded by solid masonry walls covered in a material consistent with the approved design of the center or residential development and solid gates. However, each exterior trash enclosure approved after the effective date of this chapter shall have a 30 inch opening on one side, according to the illustration in subsection (k), which shall be used to enable a person to walk into the enclosure to deposit trash. Wheel stops shall be installed within the enclosure to prevent the dumpster from rolling into the walls of the enclosure. This opening is for the purpose of allowing side entry into the dumpster area so that small items of trash may be more easily disposed of without the need to open the gate.

(b)

The minimum height of all enclosure walls and gates shall be five feet, but shall not be less than the height of the dumpster to be placed inside.

(c)

The minimum inside dimensions of the enclosure shall be no less than 12 feet by 12 feet.

(d)

The gates of the enclosure shall have no panel wider than six feet and shall be constructed of a metal frame with solid walls affixed thereto, and of a material of sufficient strength to withstand normal daily use of rubbish disposal and pickup. Chain link gates with slats are not permitted. The gates shall be attached to metal posts (minimum of three inches diameter with at least three hinges. Each gate shall have a wheel stop at the bottom to prevent it from sagging. The gates shall have drop pins/rods to hold them in place in both the open and closed positions.

(e)

The base of the enclosure must be poured concrete, a minimum of four inches in depth; said base to be extended three feet beyond the front opening of the enclosure as an apron and all concrete must be level with adjacent asphalt. Concrete or recycled plastic wheelstops shall be placed at the sides and rear of the enclosure one foot within the walls to prevent the dumpster from striking the walls of the enclosure.

(f)

The enclosure shall be permitted to encroach into the side and rear setbacks up to three feet from the property line when the abutting property is zoned for commercial or industrial use. When the enclosure is placed adjacent to property lines abutting all other zoning districts, the setbacks shall be the same dimensions as for the principal buildings.

(g)

All dumpsters located within a building shall be in trashrooms provided with an automatic sprinkler, washing facilities and deodorizing system and one main door on the ground floor, said door to be a minimum of 36 inches wide.

(h)

The trash receptacles and enclosures shall be located in a position convenient to pick up by the back-end loaders and placed in the rear of the property, for commercial and industrial developments.

(i)

In addition to the above requirements, a continuous hedge shall be provided around the base of the enclosure consisting of three gallon shrubs planted 24 inches on center.

(j)

Multi-family residential developments approved for construction prior to the effective date of this section (December 10, 1991) shall have 18 months from said date to modify the existing garbage container or dumpster enclosure area, or to construct a new enclosure area immediately adjacent to the existing enclosure area, to accommodate enclosures for the required recycling containers. Such modification and/or construction shall be subject to review and approval by the City; however, the City shall waive all site plan review fees for this purpose.

(k)

For purposes of clarification, displayed below is a sample of an acceptable design for dumpster and recycling container enclosures:

(a)

Definition. For the purposes of this section only, the term "multi-family residential dwelling complex" shall mean three or more dwelling units located in a structure or building the common areas of which are not governed by a condominium association or other legally recognized association made up of dwelling unit owners.

(b)

Containers required. Each building within a multi-family residential dwelling complex receiving final site plan approval prior to March, 1983 and not presently operating in conformity with section 25-111, number and size of containers, must within 180 days of the effective date of this article (December 10, 1991) comply with the following requirements:

(1)

A minimum of eight 30-gallon containers with lids and wheels, either Rubbermaid brand or its equivalent as approved by the City, must be provided for each building or structure within a multi-family residential dwelling complex.

(2)

All containers required to be placed pursuant to this section shall be located to the rear of each building or structure, shall be screened on three sides (one long side and two short sides) by a shadow box fence and shall be placed upon a concrete slab, in accordance with the diagram below.

(3)

The contract hauler shall be responsible for wheeling the containers from the rear of the structures to the street and returning the empty cans to the storage area. Property owners shall pay the contract hauler for rear door collection service.

(4)

A concrete walkway, a minimum of four feet wide shall be provided from the storage area to the front of the building or structure.

(5)

The fenced receptacle area shall be large enough to accommodate, in addition to the required number of garbage and trash containers, three 60-gallon recycling containers, which shall be provided by the City.

(6)

Storage areas abutting single-family lot lines shall be set back at least two feet of pervious area from any property line and shall be located in a manner providing for safe and easy accessibility by collection personnel.

(c)

Maintenance of receptacles.

(1)

Lids shall be kept closed at all times on those receptacles required pursuant to subsection (b). Said containers and/or surrounding storage areas must be maintained in a safe and sanitary and operable condition, free from odor and extraneous debris.

(2)

It is the owner's responsibility of each building within a multi-family residential complex to assure that an adequate number of containers are provided for building residents, and that all the provisions of this section are met. Additionally, owners shall be responsible for any failure to have garbage placed within tied plastic bags, within containers. Under no circumstances will the City permit garbage to be placed outside of containers.

(3)

Should it become necessary for City workers, independent contractors retained by the City or the holder of the City's garbage franchise to enter a multi-family residential dwelling complex to maintain or replace garbage containers or storage areas not conforming to those standards of safety and sanitation set forth herein, then all costs incurred by the City in taking such actions shall be charged to the owners of the dwelling unit for which such receptacle is being utilized. Failure of the dwelling unit owner to respond to such a bill within a 15-day period of receipt, will result in a lien being placed against real or personal property owned by said dwelling unit owner, said lien to be treated in the same manner as a lien for municipal taxes to the extent such a provision is permitted by state law.

(a)

In all new residential subdivisions and other land development projects, all utility lines, including, but not limited to, those required for telephone and telecommunications including voice, data and video, street lighting, electrical distribution system, including service lines to individual properties necessary to serve the development under consideration, shall be installed underground. However, this section shall not apply to wires, conductors or associated apparatus and supporting structures whose exclusive function is in transmission of electrical energy between generating stations, substations and transmission lines of other utility systems.

(1)

In areas where existing wiring is overhead, for franchises which were adopted subsequent to January 11, 2000 or telecommunications companies which have registered with the City pursuant to F.S. § 337.401, new facilities shall, subject to the approval of the City Engineer, be located underground. Notwithstanding the above, if existing overhead lines lie in easements which are in interior side yards and/or rear yards of developed residential property, the City Engineer shall determine on a case-by-case basis if new installations shall also be overhead.

(b)

Appurtenances such as transformer boxes, pedestal-mounted terminal boxes and meter cabinets may be placed above ground on a level concrete slab and shall be located in such a manner as to minimize noise effect upon the surrounding residential properties, and shall be screened with a hedge planted 30 inches on center.

(c)

All underground wires shall be buried a minimum of 18 inches below the finished grade.

(d)

Anyone placing underground lines shall be required to register with the agency responsible for locating under-ground utility installations for new construction.

(Ord. No. 01-4-5, § 1, 4-24-01)

(a)

Recorded easements shall be provided for the installation of all underground utilities facilities, in conformance with such size and location of easements as may be determined by the City Engineer to be compatible with the requirements of all utility companies involved with respect to a particular utility service.

(b)

Easements shall be required for drainage purposes, of such size and location as may be determined by the City and by Central Broward Water Control District and the South Florida Water Management District if the plat lies within their jurisdiction. Such easements shall be required if necessary to tie into the City drainage plan or any drainage district plan as certified by the City or the drainage authority.

(1)

Owners of properties which include such easements shall be responsible for the maintenance of same in accordance with the applicable sections of this Code, as well as regulations pertaining to same as promulgated by the Central Broward Water Control District and the South Florida Water Management District. For the purposes of this section, "Maintenance" shall include, but not be limited to mowing of grassed areas to within three feet of the water line, pruning shrubs, trimming of trees and the elimination of plantings or structures which are not permitted by general or special law, or contract.

(Ord. No. 96-9-1, § 1, 9-11-96)

The subdivider or developer shall make the necessary financial compensation and other arrangement for such under-ground installation with each of the franchised utilities that are involved with respect to a particular development.

The subdivider or developer shall submit written evidence of a satisfactory arrangement with each of the franchised utilities involved with respect to a particular development with the final engineering plans.

A storm drainage system shall be shown on the final engineering plans and be approved by the City Engineer in accordance with the City's adopted engineering standards. Approval of the Central Broward Water Control District, and, if applicable, South Florida Water Management District, shall also be provided.

(a)

The storm drainage system required for land development shall be designed in accordance with the engineering principles accepted by the Florida Department of Transportation, South Florida Water Management District and Central Broward Water Control District.

(b)

The developer's engineer shall submit a copy of his design calculations to the City for approval.

(c)

Inlets, catch basins, manholes, headwalls and other drainage structures shall be of a design approved by the City.

All storm drainage materials and construction shall be in accordance with City standards. All outlets shall be protected by headwalls. Pipes shall be visually clean and straight. The developer shall cause the pipes to be stoppered, pumped nearly dry and illuminated for inspections by the City prior to acceptance of the installation.

(a)

Right-of-way. All canals and lakes are to be dedicated to the appropriate drainage jurisdiction or to the abutting home/ lake owners' association. Canals shall have a minimum right-of-way of 80 feet. Lakes shall have a minimum width of 150 feet. The City shall have perpetual right of entry for the purpose of inspection and maintenance of outfall lines.

(b)

Maintenance easements. A maintenance easement shall be provided adjacent to lakes and canals as per Central Broward Water Control District and South Florida Water Management District requirements. Owners of property containing such easements shall be responsible for the maintenance thereof in accordance with section 25-121 of this Code.

(c)

Bulkhead and seawalls. Bulkheads and seawalls are not required on the perimeter of all lakes and canals. The City Commission may require seawalls where it is their opinion, after review of the staffs recommendation, that grassed slopes would not be in the better interest of the health, safety and welfare of citizens of the City as a measure of flood control.

(Ord. No. 96-9-1, § 2, 9-11-96)

(a)

Bulkheads or seawalls, where proposed, shall be constructed in accordance with the City's adopted standards as amended from time to time. In no case shall seawall construction be permitted which will prevent or impede the growth of littoral vegetative species or trees located within the littoral zones of lakes and canals.

(b)

The face water-side of the bulkhead or seawall shall coincide with the development's property line. Any excavation required from the property line to midstream shall be the responsibility of the permittee. A licensed land surveyor shall submit the proposed layout of the bulkhead system or six sets of certified plans and specifications showing the complete details of the seawall. In addition, all pertinent topographical and soils information, structural calculations and a complete unit cost breakdown, which has been sealed by a professional engineer shall also be submitted with the layout and design plan. The City assumes no responsibility for the design or construction of bulkheads or seawalls, and their adequacy is and remains the responsibility of the design professional who certifies the plans, specifications and structural calculations.

(c)

Maintenance of bulkheads, after final approval, shall be the responsibility of the contiguous property owner and becomes the responsibility of the City only where such construction lies within the dedicated street right-of-way. No modifications, removal or additions shall be made to any bulkhead or seawall without prior approval of plans and issuance of a permit by the City.

Where bulkheads are not required, the side slopes of the canal or lake shall be in accordance with the City's and water control district's specifications, and any excavation required to conform existing canal banks to the required typical cross section shall be performed by the permittee. The mean finished first floor elevation shall be in accordance with section 6-71, requirements for subdivisions, of this Code.

In residential areas, no permits for lots adjacent to lakes or canals, except for five model units, and no permits in other than residential areas, for roofing or other buildings, will be issued before canal seawalls are constructed or canal slopes are excavated in accordance with the City's standards, and sodded.

(a)

Where a subdivision is traversed by a watercourse, drainage way, canal or stream, there shall be provided a drainage easement or right-of-way, conforming substantially with the lines of such watercourses. Parallel streets or maintenance easements may be required where necessary for service or maintenance.

(b)

Easements shall be required for drainage purposes, of such size and location as may be determined by the City and by Central Broward Water Control District and South Florida Water Management District if the plat lies within their jurisdiction. Such easements shall be required if necessary to tie into the City drainage plan or any drainage district plan as certified by the City or the drainage authority.

A system of sanitary sewers, together with all necessary pumping stations and appurtenances, shall be provided to serve all parcels of the subdivision or principal buildings of the development. The system shall be designed to accommodate all reasonably anticipated construction and occupancies, in accordance with the engineering and design standards of the City. The collection system shall conduct the sewage directly or indirectly through existing sewers of adequate capacity to an approved City treatment facility.

(a)

New construction. It shall be unlawful for any person to construct or install septic tanks or similar on-site disposal systems for use in or upon any property within the corporate limits of the City.

(b)

Existing construction. Existing residential or nonresidential developments within the corporate limits of the City which are currently serviced by septic tanks or other similar on-site disposal systems, shall discontinue the use of such systems and connect to the City's wastewater collection and treatment system, at the expense of the property owner, in accordance with the following schedule:

(1)

Properties within 200 feet of an existing sewer line and accessible to same by gravity flow: six months from the effective date of this section.

(2)

Properties within 1,000 feet of an existing sewer line and accessible to same by gravity flow: 12 months from the effective date of this section.

(3)

Properties within one mile of an existing sewer line or those properties closer than one mile which require pumping facilities: 18 months from the effective date of this section.

(c)

Annexed properties. Residential and nonresidential properties which are annexed into the City subsequent to the effective date of this section, shall connect to the sanitary sewer system, at the expense of the property owner, in accordance with the following schedule:

(1)

Undeveloped properties. Undeveloped properties which annex into the City shall be required to connect to the City's wastewater collection and treatment system upon development of the property.

(2)

Developed properties. Properties which annex into the City, and which are already developed, shall connect to the City's wastewater collection and treatment system in accordance with the following schedule:

a.

Properties within 200 feet of an existing sewer line and accessible to same by gravity flow: six months from the date of annexation.

b.

Properties within 1,000 feet of an existing sewer line and accessible to same by gravity flow: 12 months from the date of annexation.

c.

Properties within one mile of an existing sewer line or those properties closer than one mile which require pumping facilities: 18 months from the date of annexation.

d.

Properties within three miles of an existing sewer line: 36 months from the date of annexation.

e.

All other properties which are annexed into the City: within five years of the date of annexation.

(d)

Exemption. Exemptions shall be applicable to existing developed lands and lands the City may annex in the future. If a property owner of an existing developed lot or a lot subsequently annexed by the City can demonstrate that compliance with the provisions of this section would cause an extraordinary hardship on such property owner, he or she may seek an exemption to the strict and literal terms of this section from the City Commission. In considering petitions for exemption, the Commission shall consider:

(1)

Whether the hardship was caused intentionally by the action of the applicant;

(2)

Whether a reasonable alternative exists for the treatment of sewage;

(3)

Whether the discharge from the individual sewage disposal system will adversely affect the health of the applicant or other members of the public or significantly degrade the ground or surface waters;

(4)

Whether the City could extend the time and terms of payment.

(5)

The location of the property in relation to the City's wellfield; and any physical barriers that may exist which would prevent hook up to the City's system.

(6)

The City shall inform the property owner of the benefits to the environment and public for eliminating septic tank systems. This shall be accomplished by way of providing the property owner with an informational packet.

(7)

The economic circumstances of the petitioner; which indicates that the cost of extending services would exceed the benefits to be received by extending the services; for the petitioner and for the environment.

(8)

The prior history of the performance of the particular septic system;

(9)

The plan of the petitioner to ensure continued successful performance of the system;

(10)

The environment effects of continuing use of the system in the particular circumstances presented.

In making such a determination, the City shall require the petitioner to submit all information necessary to fully show the asserted hardship. The Commission may deny the exemption, grant the exemption or grant the exemption subject to conditions. Conditions which may be imposed upon the granting of any exemptions may include a time period within which compliance may be achieved and such other reasonable conditions as may be necessary in the opinion of the City to ensure that adequate precautions are taken to protect the City's wellfields. All exemptions shall be accompanied by a condition requiring that the septic system be inspected and cleaned by a licensed contractor at least once every year if a garbage disposal is connected to the septic system and once every two years for all other septic systems, that evidence of such inspection be submitted to the City Manager within ten days of the inspection conditions, appropriate remedial steps approved by the City, will be taken. The City Manager will make these inspection reports available to the City Commission and the public on an annual basis. Should the City Commission grant an exemption as provided for in this subsection, the petitioner(s) shall immediately enter into an agreement with the City to provide for the terms and conditions for payment of the cost of the extension of the municipal sewerage collection system and the utility connection charge. The City shall thereafter provide the collection system to the petitioner(s) when the costs therefore are properly budgeted and when the construction procedures of the City are properly implemented. Should the petitioner(s) fail to comply with the terms of the agreement, then the City shall have the right to file a lien against the property of the petitioner(s) and foreclose on said property as provided by law.

The sewage collection system shall conform to all requirements and minimum standards of the City and the applicable county and state regulatory agencies.

A water distribution system, providing potable water from an approved City treatment facility, shall be provided to serve all parcels of the subdivision or principal buildings of the development. The pipes shall be sized to provide adequate fire flow capability and an adequate supply of potable water for reasonably anticipated construction and occupancies, in accordance with the engineering and design standards of the City.

The water distribution system shall conform to all requirements and minimum standards of the applicable City, county and state regulatory agencies unless more stringent standards are established herein.