An overlay district, known as the North Ocean Boulevard Overlay District, is hereby created within the RS single-family residential district, the RM multiple-family residential district, and the OR outdoor recreational district, for that area within the town beginning at the intersection of Little Club Road and the west side of State Road A1A, and at the intersection of the north property line of 4333 North Ocean Boulevard and the east side of State Road A1A on the north and extending to Pelican Lane on the South; extending 50 feet east and west from th east and west boundaries of the right-of-way of A1A (North Ocean Boulevard), said overlay district to include said right-of-way.

(Ord. No. 91-16, § 1, 10-21-91; Ord. No. 15/4, § 3, 8-14-15; Ord. No. 20-2, § 1, 2-14-20)

Removal, modification or addition of significant landscape features in the North Ocean Boulevard Overlay District is prohibited without a permit, except for the removal and replacement of dead or diseased trees and vegetation and that which is a result of maintenance of plant materials including lawn care, pruning and accepted horticultural practices. For the purposes of this section, significant landscape features shall include, but not be limited to, trees having a caliper of four inches or greater, masonry walls, ornamental hedges, ornamental shrubs, berms, columns, gates, fences, driveways or other structures within the North Ocean Boulevard Overlay District.

(Ord. No. 91-16, § 2, A, 10-21-91)

Application for a North Ocean Boulevard Overlay permit shall be made in writing by the owner, or the owner's authorized agent, to the planning and building administrator, and shall include the following:

(1)

A statement describing the extent and reason for the intended disturbance.

(2)

Sufficient photographs of the site and of adjoining properties as viewed from the public right-of-way of North Ocean Boulevard.

(3)

A plan, drawn to scale, showing the area to be disturbed with respect to existing and proposed buildings, driveways, setbacks, street and lot lines; and showing the significant landscape features to be removed, modified or altered. The plan shall also show the location, type and size of any proposed plantings and/or structures within the area to be disturbed.

(4)

When Australian pines are located within the North Ocean Boulevard Overlay District or in the adjacent public right-of-way of North Ocean Boulevard, a plan, drawn to scale, showing the Australian pines and a statement outlining the proposed tree protection measures to prevent damage to the Australian pines.

(Ord. No. 91-16, § 2, B, 10-21-91; Ord. No. 00-1, § 15, 3-10-00; Ord. No. 23-3, § 1, 1-12-24)

The North Ocean Boulevard Overlay permit application containing the required information shall be filed with the town in the same manner and be acted upon in the same manner as is required by the town for site plan review. However, there shall be no charge for a permit for those seeking authorization for removal, modification or destruction. A permit shall be approved where the town finds that the disturbance will neither destroy nor seriously impair desirable visual relationships among buildings, landscape features and open space, nor introduce incompatible landscape features or plant material that destroys or impairs significant views or vistas within the North Ocean Boulevard Overlay District.

(Ord. No. 91-16, § 2, C, 10-21-91; Ord. No. 00-1, § 15, 3-10-00)

If a North Ocean Boulevard Overlay permit is granted, the town may require mitigation as a condition of the granting of such a permit. Mitigation shall be in a form and manner directed by the town commission which may require the replacement of significant landscape features elsewhere on the property within the North Ocean Boulevard Overlay District in a manner so as to cause the least impact possible to the visual and aesthetic quality of the North Ocean Boulevard Overlay District. Mitigation, for example, may require the planting of canopy trees or the installation of other significant landscape features.

(Ord. No. 91-16, § 2, D, 10-21-91; Ord. No. 00-1, §§ 15, 16, 3-10-00)

Within the North Ocean Boulevard Overlay District only one driveway cut per buildable lot shall be allowed, the driveway to be situated in a manner so as to require the least disturbance of significant landscape features.

(Ord. No. 91-16, § 2, E, 1, 10-21-91)

(a)

When Australian pines are located within the North Ocean Boulevard Overlay District or in the adjacent public right-of-way of North Ocean Boulevard and development activities are proposed to occur within 25 feet of any Australian pine, precautions shall be taken by the applicant to prevent damage to the Australian pines.

(b)

Prior to permit issuance, the applicant shall meet with a town arborist or other qualified professional as designated by the town manager to outline the applicant's proposed tree protection measures.

(1)

Protective fencing.

a.

Australian pines shall be fenced with a sturdy and visible fence that is erected no closer than one linear foot outside of the tree's drip line. A town arborist or other professional designated by the town manager shall assist in determining the exact location of tree protection fencing based on existing site conditions. This area shall be referred to as the tree protection area.

b.

All required protective fencing shall be at least four feet high and of durable construction (i.e. chain link or 2x4 wooden posts with a cross rail. Orange construction fencing should be attached to the front side of the wood fencing). Posts shall be located no more than five feet on-center.

c.

Required protective fencing shall be erected before any grading or other development or demolition activity begins and shall be maintained throughout the period of development or demolition activity, until after final inspection by the town.

(2)

Construction activity.

a.

No development or demolition activity, including grading, excavating, operation or parking of heavy equipment, or the storage of material, shall be allowed within the tree protection area.

b.

No roots shall be cut without agreement by the town arborist or other professional designated by the town manager.

c.

Any clearing of vegetation within the tree protection area shall be only by hand.

d.

Installation of fences and walls shall take into consideration the root systems of existing Australian pines. Post-holes and trenches close to Australian pines shall be dug by hand and adjusted as necessary to avoid damage to major roots. Continuous footers for masonry walls shall end at the point where major large roots are encountered and these roots bridged.

(3)

Repair of damaged trees. Permit holders shall be financially responsible for all damage to Australian pines and all costs of repair. If any Australian pine is damaged during development or demolition activities, the tree shall be promptly repaired by:

a.

An assessment of damage and management plan from an ISA board certified master arborist or ASCA registered consulting arborist; and

b.

Measures such as corrective pruning for damage to tree canopy, corrective root pruning, fertilization, soil enhancements for damage to tree roots, and application of irrigation to compensate for root loss under supervision of an ISA board certified master arborist or ASCA registered consulting arborist.

(Ord. No. 23-3, § 2, 1-12-24)

Editor's note— Ord. No. 15-1, § 2, adopted January 26, 2015, repealed former § 66-327 which pertained to signs and derived from Ord. No. 91-16, § 2, E, 2, adopted Oct. 21, 1991.

The alteration or expansion of the physical dimensions or location of North Ocean Boulevard within the overlay district is prohibited. This prohibition shall not preclude ordinary maintenance and repair.

(Ord. No. 91-16, § 2, E, 3, 10-21-91)

The provisions of this article shall not restrict the trimming or removal of vegetation in the North Ocean Boulevard Overlay District by utilities where such trimming or removal is deemed necessary by the utilities for the maintenance and protection of utilities located within the corridor.

(Ord. No. 91-16, § 2, E, 4, 10-21-91)

Recreational uses, including basketball goals, tennis courts, and swimming pools shall not be located within the 50-foot North Ocean Corridor and shall be completely screened from view of A1A. All existing tennis courts may remain in their present location but shall meet the screening requirements of this section.

(Ord. No. 00-1, § 17, 3-10-00)