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Parkland City Zoning Code

ARTICLE 70

- COMMERCIAL PROPERTY MAINTENANCE STANDARDS

Sec. 70-10.- Purpose and scope and application.

There is hereby promulgated and established a set of minimum building and property standards relating to the maintenance of commercial buildings and property within the city. These provisions shall apply to every commercial building or structure and its accessory structures, as well as any and all adjoining grounds which service the commercial building or structure, and undeveloped commercial property (as defined below) in the city. In all situations where a provision of this article conflicts with other building, health, safety or zoning regulations, the more restrictive standard shall prevail. All property subject to a rezoning ordinance, master plan, plat or site plan approval shall comply with the requirements of said approval; the owner and any lessees of the property shall be responsible for said compliance and any property owners' association responsible for maintaining the property shall be responsible for compliance with all said requirements within common areas and abutting landscaped swales.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

Sec. 70-20. - Maintenance of commercial structures and premises.

A.

Exterior protective coating on buildings. All exterior surfaces of buildings, excluding roofs, shall be maintained in a good state of repair free from evidence of deterioration and protected from the elements by paint or other protective coating applied in a workmanlike fashion. Painted or protective coatings shall be without significant blemishes throughout the exterior.

B.

Building envelope. Every foundation, exterior wall, window, door, roof and all other exterior surfaces shall be free of holes, cracks, breaks, loose, or rotted wood and any condition which might allow rain or moisture, vermin, pests or insects to enter the interior portions of the walls or to the occupied spaces of any commercial building or structure.

C.

Roof and gutter. Roofs shall be structurally sound, watertight and shall prevent rainwater or moisture from entering the walls, ceilings or any other portion of the dwelling, commercial building or structure. All building roofs and gutters shall be kept free of faded or chipped paint and shall be maintained in good repair and in good condition to prevent deterioration, and must be cleaned (pressure and/or chemical), repainted or recovered with like materials when twenty-five (25) percent or more of any exposed roof surface becomes discolored or is scaling. In the event a roof tile is replaced, the replacement tile shall be of the closest possible color and shade to the existing roofing tiles.

D.

Miscellaneous elements. Fences, exterior walls, exterior doors, exterior windows, dumpster enclosures, decorative walls, perimeter hedges, trellis, and utility enclosures shall be maintained in a good state of repair free of deterioration.

E.

Exterior paint. Each exterior wall surface of buildings and structures shall be kept free of faded or chipped paint, and shall be maintained in a good state of repair and good condition to prevent deterioration, and must be cleaned (pressure and/or chemical), repainted or recovered with like materials when twenty-five (25) percent or more of any exposed surface becomes discolored or is peeling.

F.

Awning, canopies and marquees. Any awning, canopy, or marquee and its supporting structural members shall be maintained in a good state of repair free of deterioration. Awnings or marquees made of cloth, plastic or of a similar material shall not show evidence of excessive weathering, discoloration, ripping, tearing or other damage.

G.

Signage. All signage shall be maintained in the originally permitted and constructed condition.

H.

Trash, debris and overgrowth. Rubbish, brush, weeds, broken glass, stumps, roots, obnoxious growths, filth, garbage, trash and debris shall not be disposed or permitted to remain on any premises. This subsection shall not apply to garbage, trash and debris, which is containerized in approved receptacles for appropriate collection and removal.

I.

Tree hazards. Dead and/or dying trees and limbs or other natural growth which constitute a health or safety hazard to persons or property shall be removed and replaced if required by city Code requirements or site plan approval. Trees shall be kept pruned and trimmed to prevent the occurrence of a health or safety hazard as provided by section 95-1545, installation, maintenance and materials.

J.

Other aerial hazards. Loose or overhanging objects which constitute a danger of falling on persons or property shall be removed.

K.

Ground surface hazards. Ground surface hazards such as holes, excavations, breaks, projections, and obstructions on paths, walks, driveways, parking lots and parking areas, and other portions of the premises shall be repaired or removed.

L.

Landscaping and swale. Premises and adjacent swales shall be kept landscaped, irrigated with rust free systems, mowed and maintained in good repair. All landscaping shall be in compliance with the approved site plan.

M.

Parking facilities. All off-street parking spaces shall be paved asphalt or constructed of concrete or pavers designed for vehicular use areas and approved for use by the city engineer, and shall have smooth surfaces in good repair. Grass parking spaces, if specifically permitted per an approved site plan, must also be kept in a good state of repair.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

Sec. 70-30. - Conduct of business.

A.

Activities to be conducted indoors. All business activity shall be conducted within completely enclosed buildings except for off-street loading and those activities expressly permitted under section 10-4515, generally applicable limitations on uses.

B.

Outdoor storage prohibited. All storage of materials, goods, or products shall be within a completely enclosed building. No temporary storage of any materials, goods, or products shall be permitted outside the building.

C.

Dumping prohibited. The dumping of grease, food products, chemicals, hazardous wastes, dirty water or any other business byproducts on the grounds of or surrounding a business is prohibited.

D.

Outdoor cleaning. The storage, cleaning and/or drying on the outside of a business structure of tools, utensils, cookware, linens, or any other items used in the conduct of a business is prohibited.

E.

[Outdoor display.] The display of miscellaneous products, goods, and items (including signs not permitted under article 100 on the outside of a business structure shall be prohibited.

F.

[Pedestrian access.] All walkways, patios (including sidewalk cafe areas) shall be kept clean and free of grease, oil, food debris and other putrefying materials.

G.

[Windows, doors, and entrances.] Display windows, main doors and other building entrances visible to the public shall be kept free of all materials such as supplies, trash, and debris and shall not be used as temporary storage areas. No more than ten (10) percent of said windows may be covered or blocked by merchandise.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

Sec. 70-40. - Trash container areas.

A.

All trash container areas shall be maintained in a manner which prevents the accumulation of trash, debris, rubbish and litter by providing sufficient dumpsters and sufficient frequency of trash pickups.

B.

All new dumpsters, existing dumpsters and other containers shall be constructed and shall be located and maintained in such a manner so as to provide screening from public view. The doors and lids for all dumpsters must be closed at all times except when trash is being picked up.

C.

All temporary storage containers and dumpsters, including roll-off dumpsters and other containers associated with new construction or interior remodeling in a shopping center shall be secured with opaque temporary fencing six (6) feet in height to screen them from view from the adjacent parking facility and streets. The planning and zoning director shall determine the location of the temporary storage containers and dumpsters in order to minimize their impact on adjacent parking areas, businesses and residential neighborhoods. All temporary dumpsters and storage containers shall be kept neat and orderly.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

Sec. 70-50. - Parking and paved areas.

A.

It shall be the responsibility of all persons to maintain all parking and paved areas including curbs and wheel stops in the original constructed condition free of breaks, cracks and other deficiencies. Paved areas must be repaired or replaced when any deterioration occurs to the extent that the road-rock or sub-base is visible. In addition, all parking and paved areas shall be maintained to ensure proper drainage and the routine cleaning/clearing of French drains to prevent the accumulation of pools of water and the correction and removal of all ruts, potholes, and broken pavement. Grass parking spaces, if permitted, must also be maintained in a good state of repair.

B.

In parking areas, the parking spaces shall be maintained in a manner which clearly delineates said spaces and shall include maintenance of parking space signage, striping, directional markings, stop bars, or other indicators. This section shall apply to all paved area, including, but not limited to, parking areas and ingress or egress driveways. Additionally, a building permit shall be required for all resurfacing, resealing, restriping, replacement of parking areas.

C.

All owners and tenants of property with an illuminated exterior or garage parking facility, regardless of the date of installation of the facility, must replace or repair any light that becomes nonfunctional. A city inspector or code enforcement office shall give the property owner or tenant written notice of any such malfunction, which must be corrected within five (5) calendar days of such notice.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

Sec. 70-60. - Landscaping maintenance requirements.

All owners of land shall be responsible for the maintenance of all landscaping. This includes mowing and maintaining abutting rights-of-way where applicable, swales, lake and canal banks. Landscaping shall be maintained in a good condition so as to present a healthy, neat and orderly appearance at least equal to the original installation and shall be mowed or trimmed in a manner and at a frequency so as not to detract from the appearance of the general area. Landscaping shall be maintained such that it will not cause property damage and public safety hazards, including removal of living, dead or decaying plant material, removal of low hanging branches and those obstructing street lighting. Landscaping shall be maintained in accordance with section 95-1545, installation, maintenance and materials.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

Sec. 70-70. - Maintenance of retention/detention areas.

Retention and/or detention areas shall be kept free of any rubbish, filth, construction debris, litter, garbage, grass cuttings, poisonous or deleterious substance, or substances liable to affect the health, safety and welfare of persons or native marine wildlife.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

Sec. 70-80. - Parking of commercial vehicles.

A.

Except as hereinafter provided, no owner or person having the use of a commercial vehicle, recreational vehicle, boat or boat trailer shall park, store or keep the vehicle, boat or boat trailer for any period of time within the property lines of any commercial zoning district.

B.

Vehicles which have an active commercial or business purpose, for which the owner or person having the use of said vehicles holds a current and valid business tax receipt for a business location on the commercially zoned premises where the vehicle is parked, shall be parked, stored or kept in the closest available parking space in front of or at the rear of the building where the related business is located, in a clearly delineated parking space that is adequately sized to accommodate said vehicle. If parked at the rear of the structure in cases where the structure abuts a public street, or any residential or recreation/open space zoning district, the vehicle shall be completely screened from view from such street or zoning district with an opaque screen consisting of a building enclosure, wall, hedge, berm, or combination thereof.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

Sec. 70-90. - Repairs and installations.

Repairs and installation shall be made so as to comply with the City of Parkland Code of Ordinances and the Florida Building Code, and the approved site plan. All work shall proceed in a timely fashion and be done in workmanlike manner.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)

Sec. 70-100. - Code enforcement jurisdiction.

The city shall enforce this article as set forth in chapter 2 of the City of Parkland Code of Ordinances.

(Ord. No. 2015-09, § 2(Exh. A), 9-21-2015)