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Palm Springs City Zoning Code

DIVISION 9

DEVELOPMENT STANDARDS

Sec. 34-1351.- In general.

(a)

All developments requiring site plan and/or subdivision approval shall conform to the standards in this section, in addition to all other applicable standards and requirements.

(b)

Such standards shall apply to the redevelopment of a site and the reconstruction of a building or structure in the same manner as to the initial development of a site or the initial construction of a building. Where, owing to the unique nature of a parcel or the location of existing structures on the parcel, it is impractical to reasonably apply the standards to such redevelopment or reconstruction activity, such standards may be varied, provided that the variance is the minimum necessary to allow relief and that the purpose and intent of the requirement is met.

(c)

All developments shall be reviewed to ensure that the level of service standards contained in the adopted comprehensive plan are met and will continue to be met after the impact of the development under review is realized. Where necessary, the village council may require the modification of the development project to ensure that level of service standards are maintained.

(d)

All developments shall be reviewed to ensure that the location, character and extent of each feature of the development is compatible with the natural conditions of the site. Where necessary, the village council may require the modification of the development project to ensure that natural features are adequately protected.

(e)

No development approval or final permit shall be issued for development on a site unless adequate housing has been provided for residents who will be displaced by the construction.

(Code 1994, § 30-936)

Sec. 34-1352. - Residential developments.

(a)

The arrangement and style of site features, including structures, parking, recreational and other facilities, in any residential development shall conform to the overall character and style of nearby developments.

(b)

In the review of plans for a residential development, consideration shall be given to arranging the features of the development to enhance overall neighborhood quality.

(c)

Multifamily developments shall have access to arterial or collector roads. Where such access is through a single-family neighborhood, the access shall be arranged to minimize the path of flow through the single-family area and to reduce any adverse impacts on the area. Consideration may be given to factors such as peak travel times and directions, as well as projected average daily volumes.

(d)

Multifamily developments adjacent to single-family residential areas shall provide adequate separation and buffering to reduce the visibility of the multifamily developments from the single-family development. Features of the multifamily development which are typically noisy, such as active recreation areas, air conditioner compressors and garbage dumpsters, or which involve significant activity, such as parking areas, shall not be located on any portion of a multifamily site immediately adjacent to a single-family area unless separated by a road and standard buffering or by an intervening natural area and sufficient additional buffering. (See also article III of this chapter.)

(e)

All residential developments shall contain active recreational areas and facilities at or exceeding the quantities required in the recreation and open space element of the adopted comprehensive plan, or shall make payments in lieu of providing such facilities. Until such time as a schedule of payments is established, payments made under a recreation impact fee program shall be considered as satisfying such requirement.

(f)

In reviewing any residential development designed entirely or in part for occupancy by elderly or handicapped persons, consideration shall be given to the arrangement and style of development to be compatible with the needs of such persons, including consideration of the availability and proximity of services specifically required by such persons.

(g)

Housing for low and/or moderate income persons shall be designed so as to be compatible with the character and style of other nearby residential development.

(Code 1994, § 30-937)

Sec. 34-1353. - Commercial developments.

(a)

Commercial developments shall be located so as to have adequate access to arterial and/or collector streets, and to minimize the effect on residential areas and environmentally sensitive areas.

(b)

Commercial developments shall not be located within residential areas, except as part of a planned development approved under the provisions of division 7, subdivision IX of this article, and shall only be located along an arterial/collector street.

(c)

Commercial developments adjacent to single-family residential areas shall provide adequate separation and buffering to reduce the visibility of the commercial development from the single-family development. Features of the commercial development which are typically noisy or unsightly, such as loading areas, air conditioner compressors and garbage dumpsters, or which involve significant activity, such as parking areas, shall not be located on any portion of a commercial site immediately adjacent to a single-family area unless separated by a road and standard buffering or by an intervening natural area and sufficient additional buffering to prevent the noisy or unsightly activity from being observed from the residential area. (See also article III of this chapter.)

(d)

Traffic access to commercial areas shall not be arranged in such a way that traffic utilizes streets within residential areas, except for traffic generated entirely within such residential areas.

(Code 1994, § 30-938; Ord. No. 2014-06, § 13, 5-8-2014)

Sec. 34-1354. - Surface water management.

(a)

Drainage (surface water management) systems shall be designed so that post-development conditions shall approximate predevelopment conditions to the maximum extent possible. Where predevelopment conditions in the surrounding area are characterized by flooding of existing uses, drainage design involving the new development should reduce existing problems to the maximum extent feasible. Where necessary, the village council may require the modification of the development project to ensure that such requirement is met.

(b)

Drainage systems should be designed so as to maintain or improve water quality to the maximum extent feasible, and to meet applicable standards of the state and/or water management district. In addition to water quality where surface water runoff leaves the site, water quality shall be maintained in lakes and canals where surface water ultimately drains. Where necessary, the village council may require the modification of the development project to ensure that such standard is met.

(c)

Drainage shall be designed to maintain the predevelopment viability of natural areas and groundwater recharge. To the maximum extent feasible, surface water runoff should be directed to groundwater recharge and/or natural drainage areas rather than being directed to manmade canals.

(d)

The developer of a site shall be responsible for the design and construction of the drainage system so as to comply with the surface water management requirements of this section, as well as the applicable requirements of other state, regional and/or local agencies.

(e)

Based on advice from the appropriate agencies, all drainage plans shall be designed utilizing best management practices (BMPs) as established by the applicable areawide water quality plan.

(f)

Site designs shall utilize retention of natural vegetation and vegetative cover, and shall minimize impervious surfaces to the maximum extent feasible to allow maximum infiltration.

(Code 1994, § 30-939)

Sec. 34-1355. - Environmental quality.

(a)

Consideration shall be given in development review to activities which have potential adverse effects on air quality. Where any such activity is identified, appropriate measures shall be incorporated into the design of the facility or in the operation of the activity to reduce such adverse effects. The state department of environmental regulations shall be consulted in establishing the appropriate requirements.

(b)

Applicable state and federal standards shall be used in determining appropriate mitigation for potential air quality problems.

(Code 1994, § 30-940)

Sec. 34-1356. - Natural features.

(a)

All developments shall be reviewed to ensure that the location, character and extent of each feature of the development is compatible with the natural conditions of the site, including topography and soils.

(b)

Areas identified in the adopted comprehensive plan as conservation areas or environmentally sensitive shall be preserved or protected to the maximum extent feasible. In reviewing development plans to meet such requirement, consideration will be given to the character and extent of the potential for damage to the area and the degree to which the area will be impacted by the development.

(c)

Development and land use activities shall be designed so as to prevent contamination of habitats of threatened and/or endangered species.

(d)

To the maximum extent feasible, existing natural vegetation shall be preserved as buffer areas to protect conservation areas or environmentally sensitive areas identified by the comprehensive plan.

(Code 1994, § 30-941)

Sec. 34-1357. - Landscaping and buffering.

Buffer and landscaping standards contained in article III of this chapter shall be incorporated, in addition to the minimum standards of this division.

(Code 1994, § 30-942)

Sec. 34-1358. - Open space.

(a)

Open space shall be provided, as below, in connection with the development of any project not defined as a planned development.

(b)

The following open space requirements shall apply:

Use Minimum Open Space
(percent)
Single-family detached 25
Multi-family 20
Office 15
Other commercial or nonresidential 10

 

(Code 1994, § 30-943; Ord. No. 2014-06, § 14, 5-8-2014)

Sec. 34-1359. - Traffic circulation.

(a)

All development projects shall be reviewed to determine impact on the public street and highway systems serving the village. Where necessary, the village council may require the modification of the development project to ensure that impacts are reduced to the maximum extent feasible.

(b)

All development projects shall be designed and arranged to maximize the flow of on-site traffic. On-site circulation facilities shall be arranged to prevent traffic from stacking up on the adjacent public streets while waiting to enter the property. On-site traffic circulation and parking facilities shall be designed so as to limit conflicts between on-site vehicular and pedestrian traffic. Where necessary, the village council may require the modification of the development project to ensure that on-site traffic circulation impacts are reduced to the maximum extent feasible.

(c)

Ingress and egress from any development shall be regulated so as to prevent unnecessary conflicts with traffic on adjacent streets. The number and spacing of entrances and median openings for divided streets shall be as specified by the agency having maintenance responsibility for the street. Where there are no other standards, the following provisions shall apply:

Width of Row
(in feet)
Spacing For Entrances
(in feet)
Median Openings
(in feet)
Under 50  50 100
50—80 100 200
80 or more 125 250

 

(d)

Where the width of the parcel is less than the spacing required, or where the location of the parcel with respect to adjacent parcels with entrance locations prevents the normal allocation of an entrance to the parcel, one entrance may be permitted, provided, it is arranged to be jointly shared with an adjoining parcel either immediately or at such future time as the adjoining parcel is developed or redeveloped. Where any parcel is developed or redeveloped and adjoins a parcel which is restricted as to access, the on-site traffic circulation shall be designed so as to provide access to the adjoining parcel either through an on-site connection or the joint use of an entrance.

(e)

Entrances shall be arranged to maximize the distance between the entrance and intersecting streets. Median openings and entrances shall be located so that left turning traffic does not impede traffic at intersections of public streets or at major entrances to a development from a public street. Entrances shall not be more than 30 feet in width, provided that an entrance for a commercial land use may not be less than 40 feet in width where a single commercial parcel has only one entrance from the street in question.

(f)

Outparcels included in the arrangement of a commercial development shall be accessed only from within the development itself and shall have no separate access from the adjacent street system.

(g)

Adequate sight distance shall be preserved by restricting the location of buildings, structures, walls, plantings, parking areas or other visual obstructions from an area adjacent to the intersection between two streets or the intersection of a driveway entrance and a street. The following standards shall apply to the maintenance of sight triangles:

(1)

Where two streets intersect, the sight triangle shall include the area encompassed by a line along the edge of pavement of each street extending 30 feet from the point of intersection and a line connecting the ends of the other two lines opposite the point of such intersection.

(2)

Where a street and a driveway intersect, the sight triangle shall include the area encompassed by a line along the edge of pavement of each roadway extending 15 feet from the point of intersection and a line connecting the ends of the other two lines opposite the point of such intersection.

(3)

Within the sight triangle, no vegetation, sign or other structure may be permitted, except where unobstructed cross visibility is maintained at a level between 30 inches above average street level and six feet above average street level.

(4)

The village council may require additional restrictions to preserve sight distance where the grade of the streets, angle of intersection or other factors vary from normal conditions.

(h)

Any development for which a site plan is required shall provide safe and secure parking for bicycles, as follows:

Use Spaces Required
Multifamily or residential PUD One per unit
Office or commercial PUD One per 1,500 gross square feet
Other commercial One per 1,000 gross square feet

 

(i)

On-site pedestrian circulation shall be shown for any project requiring approval of a site plan. All major buildings shall be connected by exclusive pedestrian walkways, and connections shall be provided between pedestrian destinations on the site and adjacent sidewalks and pedestrianways. Sidewalks or substitute pedestrianways shall be provided along all arterial or collector streets adjacent to the site.

(j)

Where bus stops and shelters are provided, they shall be located so as to be convenient to the buildings on-site and to the pedestrian walkway system for any site adjacent to an existing bus route. Bus stops and shelters shall be subject to the approval of the traffic engineer under chapter 74, and shall conform to the standards of the county transit agency (CoTran). This subsection shall apply to bus shelters not located on public rights-of-way, and shall not apply to any shelter established by CoTran.

(k)

Traffic circulation facilities shall reflect the existing street network, as well as the future street network shown on the future traffic circulation map contained in the adopted comprehensive plan and the thoroughfare right-of-way protection map, established by county ordinance.

(Code 1994, § 30-944)

Sec. 34-1360. - Utilities.

(a)

All development projects shall provide sufficient suitable land for construction and operation of utilities necessary to serve the project. Such requirement may be satisfied by the existence of adequate land on adjacent or nearby property. The village council may direct the rearrangement of uses and structures on a site in order to facilitate the efficient provision of utilities.

(b)

Where land or right-of-way is shown on the site plan or subdivision plat for the provision of utility facilities, and such land is to be dedicated for public or utility company use, no certificate of occupancy shall be issued for any use or building unless all such land and/or right-of-way has been dedicated.

(c)

All development or redevelopment projects shall be served by central potable water and sewer service provided by the village.

(d)

Separate irrigation water distribution systems shall be provided in all new developments or redevelopments. Where treated wastewater is available for irrigation systems, such systems shall be connected to the distribution system for treated wastewater. Where treated wastewater becomes available after the completion of a development served by a separate irrigation water distribution system, the irrigation water distribution system shall be connected to the wastewater distribution system within six months after such system becomes available. (See also article III of this chapter.)

(Code 1994, § 30-945)

Sec. 34-1361. - Maximum rate of slopes.

No open drainage, retention or detention canal, ditch or swale within the village shall have a slope which exceeds the maximum run to rise ratio of four feet to one foot.

(Code 1994, § 30-946)

Sec. 34-1362. - Sidewalks.

New developments that create new streets, or front existing street without sidewalks, shall be required to provide sidewalks within the right-of-way along the project frontage. Construction of new residences on infill parcels shall include sidewalk(s) within the right-of-way along the property frontages. Upon approval of the village manager, in lieu of construction, along public streets for which a sidewalk is planned, monies in the amount of the current sidewalk installation cost, as determined by the public service director/village engineer, shall be contributed to the village for sidewalk improvements.

(Ord. No. 2014-06, § 15, 5-8-2014; Ord. No. 2019-12, § 6, 9-12-2019)

Sec. 34-1363. - Metal buildings.

In Commercial and Industrial land development districts, prefabricated metal buildings and buildings with corrugated metal siding shall be finished with stucco, siding, brick, masonry, or other comparable material.

(Ord. No. 2014-06, § 16, 5-8-2014)

Sec. 34-1364. - Outdoor lighting.

(a)

Purpose and intent. It is the intent of this section to preserve, protect, and enhance the lawful nighttime use and enjoyment of any and all property through the use of appropriate lighting practices and systems. Such individual fixtures, luminaries and lighting systems are designed, constructed, and installed to:

(1)

Control glare and light trespass;

(2)

Minimize obtrusive light;

(3)

Eliminate the increase of lighting levels on competing sites;

(4)

Provide safe roadways for motorist, cyclists and pedestrians;

(5)

Conserve energy and resources while maintaining safety, security and productivity; and

(6)

Curtail the degradation of the nighttime visual environment.

(b)

Applicability. All outdoor lighting shall be subject to the requirements of table 34-1632.1, illumination levels, and table 34-1362.2, maximum permitted luminaire height, unless exempted or permitted to deviate as described herein. Lighting not specifically listed may be classified by the land development director.

(1)

Conflict. In the case of a conflict between this section and other provisions of this Code, or other applicable codes, the more strict regulation shall apply.

(2)

Nonconforming lighting. All luminaries that do not comply with the standards of this section shall be subject to the limitations on expansion, maintenance, relocation, damage repair and renovations pursuant to division 3, nonconformities.

(3)

Exemptions. The following uses shall be exempt to the extent listed below:

a.

Residential. Single-family and multifamily dwellings up to two units shall not be subject to the requirements of this section.

b.

Street lights. Street lights in any public ROW that meet the requirements of the appropriate public utility.

c.

Temporary lighting. The temporary use of low wattage or low voltage lighting for public festivals, celebrations, and the observance of holidays are exempt from regulation except where they create a hazard or nuisance from glare.

d.

Landscape and accent lighting. Landscape and accent lighting fixtures that comply with the Florida Building Code, Energy Conservation, 5th Edition, Section C4056, efficiency requirements shall be exempt. All exempt landscape and accent lighting fixtures must have a locking mechanism and a glare shield so that light is aimed, and remains aimed at the surface intended. Accent and landscape luminaries not exceeding 100 watts.

(4)

Prohibited outdoor lighting. The following types of outdoor lighting are prohibited within the village:

a.

Any light that creates glare observable within the normal range of vision onto a street or creates a safety hazard;

b.

Any light that resembles an authorized traffic sign, signal, or device, or that interferes with, misleads, or confuses vehicular traffic as determined by the land development director;

c.

Beacon or searchlights, except for temporary grand openings and special events, as limited by state or federal law;

d.

Any drop lens fixture or fixture that does not meet the IESNA full-cutoff classification of zero percent of lumens above 90 degrees from nadir. This includes, but is not limited to, parking lot fixtures, building façade fixtures, and other nonlandscape lighting fixtures;

e.

Animated lighting, unless authorized under article IV, signs.

(5)

Deviations. Lighting may vary from this section to the extent necessary to comply with the following:

a.

Florida Statutes § 655.962, related to ATM lighting;

b.

Florida Statutes § 812.173, related to parking lots for convenience businesses;

c.

Lighting on public schools required by FBC chapter 423, and the SDPBC electrical design criteria;

d.

Airport lighting regulated by state or federal law;

e.

Lighting for obstructions to air navigation as provided by U.S. Department of Transportation, Federal Aviation Administration Advisory Circular 70/7460-1K;

f.

Lights required on vehicles under state uniform traffic control statutes or for vessels under vessel safety statutes under F.S. ch. 316 and F.S. ch. 327;

g.

Lighting for public health required by F.S. ch. 381;

h.

Electrical code statute requirements under state building code;

i.

Florida Statutes § 553.963 and F.S. § 553.904, Efficiency and Energy Conservation Statutes Under Building Code Standards;

j.

Lighting for outdoor theaters under F.S. § 555.07;

k.

Lighting for village ballfields and park facilities;

l.

Lighting for communication towers under chapter 34, subdivision XIX, wireless telecommunication towers and antennas; and

m.

Other federal, state and local laws and regulations that may apply.

(c)

Submittal requirements.

(1)

Photometric plan. All site plan and building permit applications that include the use of external luminaries, or luminaries visible from the exterior of a structure shall include an outdoor lighting plan and an outdoor security lighting plan showing location, type, and height of all luminaries, and photometrics in foot-candle output of all proposed and existing luminaries on-site. On-site lighting to be included in the calculations shall include, but is not limited to, lighting for parking lot, canopies, recessed lighting along the building and/or overhang. Each plan shall include any calculations or modifications required to comply with items listed in subparagraph (5), deviations, above. The photometric plans shall include the following:

a.

A table showing the average, minimum, and maximum foot-candles, average to minimum ratio, and maximum to minimum ratio on the site, and maximum luminaire heights. Maximum photometric calculation grid shall not exceed ten feet.

b.

Manufacturer's catalog cuts that provide a description of the luminaries, including wattage, lumen output, glare reduction/control devices, lamps, on-off cycle control devices and mounting devices.

c.

All photometric plans must be signed and sealed by a registered design professional per Florida Statutes.

d.

A certificate of compliance signed and sealed by a registered design professional per Florida Statutes, must be submitted prior to the issuance of a certificate of occupancy/finalizing of the permit.

e.

The photometric plan shall not include time averaging or other alternative methods of measurement. A light loss factor (LLF) shall be used for the calculations in a photometric plan. The values of the LLF shall be a maximum value of 0.72 for metal halide, 0.81 for high pressure sodium and 0.95 for LED, based on manufacturers' initial lamp lumens.

(d)

Standards.

(1)

Confinement. All outdoor lighting shall utilize full cutoff luminaries per the Illuminating Engineering Society of North America (IESNA) definition of full cutoff which allows for zero percent of lumens above 90 degrees from nadir. No luminaries other than landscape lighting exempted per subparagraph (b)(3)d. above, shall be directed upwards to avoid urban sky glow.

(2)

Light trespass. The maximum illumination at the property line of an adjoining residential parcel or public ROW is 0.33 horizontal and vertical foot-candles measured at six feet above grade level. Said illumination likewise measured at the property line of an adjoining non-residential parcel, shall not exceed 3.0 horizontal and vertical foot-candles measured at six feet above grade level.

(3)

Security lighting and time restrictions.

a.

Full cutoff luminaires shall be used for all security lighting and dusk-to-dawn area lighting.

b.

Outdoor illumination, including, but not limited to, areas used for outdoor sales and display, eating, parking, assembly, service, storage of equipment and freight, loading and unloading, repair, maintenance, commercial activities, and industrial activities shall not continue after 11:00 p.m., or no more than one hour after active use of the area ceases, whichever is later, except for security lighting.

c.

Security lighting shall be required for all active entrances to buildings, parking lots and access to buildings or parking lots. All security lighting shall maintain an average of 0.75 fc, a minimum of 0.3 fc and a maximum of 3 fc from dusk until dawn.

d.

No outdoor recreational facility shall be illuminated after 11:00 p.m. except to conclude a scheduled and sanctioned recreational or sporting event by the Village or other authorized agency in progress prior to 11:00 p.m. The luminaries shall be extinguished after outdoor recreational events are completed and the site has been vacated.

1.

Exceptions. Public recreational facilities that operate or are open to the public on a 24-hour basis.

e.

Automatic timing devices with a photosensor or an astronomical timeclock, which control the hours of illumination shall be required for all parking lots, car dealerships/outdoor display lots and parking garages. These devices may remain on Eastern Standard Time throughout the year.

(4)

Illumination levels. Table 34-1362(1), illumination levels, indicates the minimum and maximum illumination levels for specific site elements, as well as the maximum to minimum, and average to minimum ratios.

Table 34-1362(1): Illumination Levels

Outdoor Lighting Maximum Illumination (1) Minimum Illumination (1) Max to Min Ratio Average to Min Ratio
Buildings and Accessory Structures
a. Pathway lighting (2) 5.0 (4) - - -
b. Canopies, drive-thru and overhangs 30.0 3.0 10:1 2.5:1
Parking lots
a. Multifamily residential 3.0 0.3 10:1 -
b. All others 12.0 1.0 12:1 3:1
Parking Structures
a. Parking area 10.0 1.0 10:1 4:1
b. Ramps—Day 20.0 2.0 10:1 -
c. Ramps—Night 10.0 1.0 10:1 -
d. Entrance area—Day 50.0 5.0 10:1 -
e. Entrance area—Night 10.0 1.0 10:1 -
f. Stairways - 10.0 - -
Property Boundary Refer to Light Trespass
Specialty Lighting (3)
a. Outdoor entertainment Per IESNA Lighting Handbook
b. Parks
Other Lighting Types
a. Outdoor display and storage for vehicle sales and rental. 40 1.0 15:1 4:1
b. Other outdoor display and storage Areas. 20 1.0 15:1 4:1
c. Outdoor work areas 20 1.0 15:1 4:1
Notes
1. Measured in foot-candles.
2. Building or accessory mounted luminaries used to light parking lots shall comply with parking lot illumination levels.
3. Applicable to outdoor recreation areas only, excluding areas such as parking lots, drive isles, pathways, building and landscape lighting.
4. Fully shielded bollards not greater than 42 inches in height may be permitted up to 20 foot-candles.

 

(5)

Luminaire heights. Table 34-1362(2), Maximum Permitted Luminaire Height, identifies the maximum height for any freestanding or structure mounted luminaires.

Table 34-1362(2)-Maximum Permitted Luminaire Height

Location Maximum Height
U/S Tier Rural, Exurban and AGR Tiers
Buildings and Accessory Structures
a. Buildings 25 feet or eave overhang, whichever is lower (unless required by the Florida Building Code)
b. Accessory structures 10 feet 8 feet
Parking Lot
a. Residential 20 feet 15 feet
b. Industrial 40 feet -
c. Commercial, civic and institutional 30 feet, or equal to the height of the building up to a maximum of 40 feet 25 feet
Parking Structures
a. Luminaires on top parking level. 20 feet or 25 feet (4) 15 feet
Property Boundary
a. Luminaires within 100 feet of residential (2) 20 feet 15 feet
Specialty Lighting (3)
a. Golf courses Per IESNA Lighting Handbook
b. Outdoor entertainment
c. Parks
Notes:
1. For the purposes of this table, residential parcel shall include any residential use, or any vacant parcel with a residential land use designation.
2. The height of any lighting luminaire within 100 feet of a parcel with a residential use land use designation shall be limited in accordance with the height limitations of the adjacent residential land development district.
3. Applicable to outdoor recreation areas only, excluding areas such as parking lots, drive isles, pathways, building and landscape lighting.
4. Minimum setback shall be 45 feet from exterior edge of wall for all luminaries, except luminaries mounted to interior face of perimeter wall, which do not exceed the height of the perimeter wall.

 

(6)

Measurement.

a.

Illumination levels shall be measured in foot-candles with a direct-reading, calibrated, portable light meter. The light meter shall be placed not more than six inches above grade level.

b.

For the purpose of measuring light trespass, the light meter shall be placed at the property line of the subject parcel six feet above the grade level.

(Ord. No. 2015-31, § 2, 9-10-2015)

Sec. 34-1365. - Land clearing, dredging and filling.

(a)

Permit required.

(1)

It shall be unlawful for any person to engage in land alteration, including land-clearing, land-removing or land-filling activities in the village, or to use, operate, propel or maintain in use any bulldozer, payloader, front-end loader, backhoe, dragline, power shovel, road grader, dump truck, dredge, sand-pumping machine, pump line, fill spreader or other heavy-duty land-clearing, land-removing or land-filling equipment within the village limits, without first obtaining a permit from the land development department, with payment of applicable fees.

(2)

The application fee shall be paid at the time of submittal. The permit fee shall be paid at the time of issuance.

(3)

Where land alteration work, for which a permit is required, is started prior to obtaining a permit, the fee shall be tripled; but the payment of the fee shall not relieve any person from complying with this section nor from any other penalties which may be imposed.

(b)

Application, compliance.

(1)

Applicants for land alteration, including land-clearing, land-removing or land-filling permits shall furnish to the land development department all information reasonably requested upon a form prescribed for such purposes. No such permit shall be issued without prior full compliance by the applicant with all other required permits and licenses by the city, including full compliance with the applicable provisions of article III, landscaping.

(2)

Application for an approval under this section shall be deemed abandoned 30 days after the date the land development department notifies the applicant of any deficiencies contained in the application. The department may, upon written request and justification by the applicant, grant not more than one 30-day extension. At the expiration of the 30-day period, or any extension thereof, the application shall automatically expire and become null and void.

(c)

Protection against stormwater run-off. Protection measures shall be incorporated on-site during and after land alteration to ensure no off-site stormwater run-off occurs. Such measures may include siltation fencing, hay bales, vegetative preservation areas or vegetation storage or nursery areas.

(d)

Sodding, seeding of property. The applicant for a land alteration or vegetation removal permit shall be required to install sod or ground cover or provide another appropriate means to minimize the travel of off-site particular matter, consistent with section 34-188, if construction does not occur within 30 days after the finalization of land clearing and alteration.

(e)

Violations. Any person charged with a violation of this division shall be denied the issuance of any further permits for land clearing, removal or filling in the village until final disposition thereof, and if found guilty, shall also be denied the issuance of any further permits for land-clearing, land-removing or land-filling operations in the village for a period of one year from date of conviction. Each day's violation shall constitute a separate offense.

(Ord. No. 2017-15, § 3, 7-27-2017)

Sec. 34-1366. - Building design guidelines.

These guidelines are intended to help secure a high quality of environment, regarding livability, visual interest, identity and sense of place in Palm Springs' commercial and multifamily districts by providing guidance for the design of new buildings. These guidelines are intended to focus on the characteristics of architectural compatibility and leave individual property owners and developers the maximum flexibility to build to meet their own needs and objectives.

(1)

General design.

a.

General design. Buildings shall be designed to be compatible with the surrounding environment, both manmade and natural. A building shall provide a positive impact on the surrounding environment.

b.

Visible façades. All building facades visible from public rights-of-way and adjacent properties shall be designed to create a harmonious effect with its surroundings. This should not be construed as creating look-alike buildings. Harmony shall be achieved through the proper use of scale, proportions, form, materials, texture, and color.

c.

Unity of character and design. Buildings or structures which are part of an existing or future complex shall have a unity of character and design.

d.

Design character. The design character of buildings shall be such that it is aesthetically pleasing and without cluttered forms having no apparent system of organization.

e.

Building materials and color. Building materials and color selection shall achieve visual order through the consistent use of compatible color palettes.

f.

Building elevations. All building elevations shall be treated equally as if all sides were the front of the building. This requirement includes but is not limited to architectural elements, facade treatment, and landscaping.

(2)

Building forms and colors. Buildings and structures which use symbolic forms and colors, with the exception of those features protected by F.S. § 553.79(20)(a)1, and which have a negative impact on the visual environment of the area, as determined by the land development director, land development board, or village council, shall not be permitted.

(3)

Architectural detail. Architectural design shall prohibit large expanses of blank walls with limited or no windows or architectural embellishments. Building massing should be varied to break up long unadorned expanses of façade and to create visual interest through shade and shadow. Exterior facades should incorporate vertical treatments and elements to break up the horizontal wall, visually reduce the massive bulk and the uniform appearance.

(4)

Building scale and height. In general, building should relate in scale and proportion to other buildings in the area. Buildings of different sizes can be made architecturally compatible through skillful design that might include transitional massing element, cornice lines and other treatments to coordinate the line of the lower building to the taller one.

(5)

Roof treatments.

a.

Roof design treatments and features should be incorporated to provide interest and an appropriate sense of scale and mass. Rooflines should include changes in roof edge treatment and/or parapet treatment. Sufficient variation should be provided to provide noticeable change in apparent roof height from the dominant roof height.

b.

Gabled, hipped and shed roof types most frequently used in residential settings, should be accompanied with dormers, deep eaves, overhangs, and changes in pitch orientation to reduce building bulk.

(6)

Roof overhangs. Unless specifically designed otherwise, roof overhangs including mansard roof overhangs shall wrap around the building so that there is visual continuity around the entire building.

(7)

Roof penetrations. All penetrations, except for chimneys, but including plumbing vents, exhaust ventre, pipes and flues, must be located on the least visible side and painted to match the sloped roof.

(8)

Mechanical equipment screening. The highest portion of mechanical equipment, such as backflow preventers, meters and valves for public utilities operations, satellite antennas, heating and ventilating, air-conditioning, or other utility hardware on roofs, ground, or buildings shall be installed at or below the lowest elevation or level of screening materials. Materials used for screening purposes shall be compatible with the architectural style, color, and materials of the principal building. This equipment shall be located so as not to be visible from any street or adjoining property. Landscape screening must include a dense planting or earth berming or both.

(9)

Gutters and down spouts. Gutters and down spouts shall be painted to match the surface to which they are attached. Gutters and down spouts may, however, be painted in such a way so as to become a design element if the color is consistent with the color scheme of the building.

(10)

Service yards, storage yards, and loading docks. All refuse and waste containers, recycling or compacting containers, dumpsters, oil tanks, bottled gas tanks, service yards, storage yards, and loading docks shall be located in the rear or side yard. All such service equipment and service areas shall be screened from view from any street or adjoining property by means of a wall, landscaping, or other methods approved by the city council.

(11)

Mailboxes. Mailboxes, including special drop boxes, may be clustered within buildings, grouped under a kiosk, or individually freestanding. In all cases, the design and installation of mailboxes shall comply with the standards listed below.

a.

Approval. Mail boxes shall be approved by the land development director, land development board or village council and the U.S. Postal Service as to size, type, and location.

b.

Design and landscaping. Mail boxes shall be landscaped consistent with and architecturally compatible to the development.

(12)

Applicability. These building design guidelines shall apply to all new construction projects for nonresidential uses in excess of 3,000 square feet of the gross floor area of the structure and to multi-family residential projects comprised of more than six dwelling units. Renovation construction projects are encouraged to comply with these standards.

(Ord. No. 2017-13, § 2(34-1365), 6-8-2017)

Editor's note— Ord. No. 2017-13, adopted June 8, 2017, added provisions to be designated as § 34-1365. Inasmuch as there already exists a § 34-1365, said new provisions have been redesignated as § 34-1366 by the editor.