147.01   Permit and plans required.

(A)

Prior to application for a permit, construction plans showing the location, type of construction, drainage, landscaping, ingress and egress, parking design and dimensions, and parking calculations in accordance with this Article must be approved in accordance with the Site Plan Review process required by this Code.

(B)

A permit which includes a copy of the approved construction plans showing location, type of construction, drainage, landscaping, ingress and egress, parking design and dimensions and parking calculations in accordance with this Code is required for:

(1)

Any proposed new parking lot.

(2)

Any existing parking lot which is proposed to be expanded or reduced.

(3)

Any existing parking lot which is proposed to be resurfaced, resealed or restriped in a manner different than previously approved.

(4)

Any existing lot which is proposed to be paved.

147.02   Applicability.

(A)

All parking lots or spaces required or provided after the effective date of this Code shall be constructed in accordance with the requirements established herein.

(B)

Parking areas restriped, resurfaced or resealed are not required to meet the schedule of required spaces in Section 147.04 provided the parking area being improved is the same area which constitutes parking for a use which existed prior to the effective date of this Code.

(C)

Any change of use which under this Article necessitates an increase in the amount of parking shall provide parking in accordance with all the terms of this Code.

(D)

Required off-street parking shall not be used for permanent sales, dead storage, repair, dismantling or servicing of any type or kind, display, or for any use other than off-street parking, nor shall areas devoted to such activities count as meeting off-street parking requirements.

(E)

The Board of Appeals may grant a variance to the parking requirements provided a hardship can be demonstrated in accordance with the applicable variance criteria.

147.03   Design standards.

(A)

All parking lots shall be designed to meet the standards established herein except where the City Commission determines that compliance with the strict application of a specific standard is technically impractical due to existing conditions, property size, natural conditions, safety constraints, or engineering/design/construction practices.

(B)

All required parking shall be located as follows:

(1)

On the same or contiguous lot(s) or parcel(s) of land of the use the parking is intended to serve.

(2)

On land in the same ownership as the use the parking is intended to serve.

(3)

On land which has the same zoning classification or a zoning classification which allows the use as Permitted or Conditional, as the use the parking is intended to serve.

(C)

Alternative locations may be approved as a part of the site plan review process provided the parking provided at the alternative location is within five hundred (500) feet of the use to be served, measured along the most direct pedestrian route.

(D)

Parking lots shall be improved with a permanent all-weather sealed paving material or acceptable porous paving technique which is graded to drain stormwater in accordance with the stormwater management requirements of this Code. Turf blocks may be used as required by the landscaping requirements of this Code. Up to fifty percent (50%) of the required parking may be mulch in the Community Redevelopment District (CRD) provided that spaces are defined and that aisles and circulation areas are paved, and that the mulch parking is maintained so that there is no detrimental effect due to erosion or other degrading of this area.

(E)

All paved parking spaces which serve any use other than single-family or two-family dwellings located in driveways shall be marked by durable painted lines.

(F)

Directional signs and surface markings shall be provided as determined necessary by the City Engineer.

(G)

With the exception of driveways serving single-family and two-family dwellings, and other uses served by alleyways, no new off-street parking space shall be designed in a manner where a vehicle is required to back into a public right-of-way to gain egress.

(H)

Fire lanes shall be provided in accordance with the requirements of the Fire Marshal.

(I)

Parking lots which serve public parks may be provided with up to one hundred percent (100%) of the required parking in turf block, grass, or mulch. Access aisles serving such spaces must be paved, and the grass spaces must be adequately drained, marked, and maintained.

(J)

All off-street parking spaces shall have curbs or wheel stops or similar devices for all spaces adjoining streets, and as necessary to prevent vehicles from encroaching upon adjoining property, landscaped areas, or public rights-of-way.

(K)

The front of a vehicle may encroach upon any interior or perimeter landscaped area or walkway when said area is at least five (5) feet in width and where wheel stops or curbing are provided. Two (2) feet of said landscaped area or walkway may be calculated as part of the required depth of abutting parking spaces.

(L)

Parking which is provided in excess of that amount required by the parking schedule of this Code, and parking which is provided for any temporary use permitted by Article IV of this Code may utilize grass or mulch.

(M)

No parking space shall be constructed closer than five (5) feet to any building unless it is under the building, an attached carport or an enclosed garage.

(N)

The minimum dimensions for all required parking shall be as follows:

(1)

[Minimum parking dimensions.]

(2)

The minimum width of off-street parking spaces shall be nine (9) feet.

(3)

The provision of compact car spaces at a minimum dimension of 7.5 x 17 may be provided at a ratio of no greater than ten percent (10%) of the total required spaces. All compact car spaces shall be appropriately designated by signage or pavement markings.

(4)

Parallel parking shall measure a minimum of 9 x 22 with a minimum drive aisle width of 22 feet where parallel parking is used on both sides of the drive aisle.

(O)

Bicycle parking shall be a steel U-shaped rack, steel wave style rack, or artistic rack. Grid bicycle racks may not count towards the bicycle parking requirement. One U-shaped rack shall count as two spaces. Other bicycle parking devices may be approved by the Community Development Director if they are equivalent to the approved devices with regard to function and quality. Bicycle racks shall be located on private property as close as practical to the main entrance and shall be permanently connected to the ground.

(Ord. No. 2018-11, § 5, 6-18-2018)

147.04   Parking schedule.

(A)

Parking spaces required on any employee/person basis in this Code shall be based on the maximum number of employees/persons on duty, residing on the premises at any one time, or both.

(B)

Where a given use or building contains a combination of uses, parking shall be provided on the basis of the sum of the required spaces for each use.

(C)

Where the required number of parking spaces is not set forth for a particular use, a determination shall be made based upon the requirements for a similar use, and may consider available traffic engineering and planning data from other sources accepted by the profession.

(D)

When units or measurements determining numbers of required off-street parking spaces result in requirement of a fractional space, then such fraction greater than one-half shall require a full off-street parking space. In cases where an expansion to an existing use is proposed, the required parking ratio shall be applied to the existing use plus the expansion area to determine the overall parking requirements.

(E)

Handicapped Parking shall be required as set forth in the Standard Building Code, and shall comply with the design and access requirements of the American Disabilities Act. Required marking shall include blue striping, blue pavement markings, and signage with the international access symbol and the words "Handicapped Parking Only" printed on it. A minimum of one "Van Space" (16 feet wide) shall be provided for every 8 handicap-accessible spaces required.

(F)

Benches, pews, or other similar seating arrangements shall count each eighteen (18) lineal inches as one (1) seat.

(G)

Parking ratios shall be provided in accordance with the following:

(1)

Residential Uses.

(a)

Detached Single-family Dwellings; Attached Single-family Dwellings; and Two-family Dwellings:

2 spaces per dwelling unit

(b)

Multifamily Dwellings:

1.5 spaces per dwelling unit plus one guest space per 5 dwelling units.

(c)

Mobile Home Parks:

1 space per mobile home lot plus additional spaces as required for clubhouse and recreation facilities.

(2)

Institutional Uses.

(a)

Day Care Centers:

1 space per employee plus 1 space per school vehicle plus 1 space per 10 children.

(b)

Churches:

1 space per 10 seats in the principle place of assembly or if there is no fixed seating arrangement, 1 space per 120 square feet of gross floor area in the principle place of assembly; may be provided as grass parking if approved as part of the site plan process, the drive aisles are paved, and paved parking is provided for all weekday employees and visitors.

(c)

Boarding Houses and Lodging Facilities:

1 space per 3 beds.

(d)

Nursing Homes:

1 space per 4 beds.

(e)

Private, Civic, Fraternal Clubs or Lodges:

1 space per 8 persons accommodated in the principle place of assembly; may be provided as grass parking if approved as part of the site plan process, the drive aisles are paved, and paved parking is provided for all weekday employees and visitors.

(f)

Community Residential Homes:

1 space per 4 residents plus 1 space per 2 non-resident staff.

(g)

Congregate Care Facilities:

1 space per 2 dwelling units plus 1 space per 2 employees.

(h)

Emergency Shelters, Residential Treatment Facilities, Recovery Homes:

1 space per 4 residents plus 1 space per each resident staff plus 1 space per 3 non-resident staff.

(3)

Recreational Uses.

(a)

Club Houses:

1 space per 8 seats in the main assembly area.

(b)

Golf Courses:

5 spaces per hole plus additional spaces as required for clubhouses and eating establishments.

(c)

Golf Driving Range:

1 space per tee plus 1 space per 300 square feet of gross floor area.

(d)

Miniature Golf:

3 spaces per hole plus parking as required for other uses on site.

(e)

Other Commercial Recreation:

1 space per 300 square feet of gross floor area.

(f)

Arcades, Game Rooms:

1 space per 300 square feet of gross floor area.

(g)

Health Clubs:

1 space per 300 square feet of gross floor area.

(h)

Billiard Halls:

2 spaces per billiard table.

(i)

Swimming Pools, Community or Private Club:

1 space per 50 square feet of pool area.

(j)

Tennis or Racquet Clubs:

2 spaces per court plus additional spaces as required for clubhouses and eating establishments.

(k)

Marinas:

1 space per three slips plus additional spaces as required for clubhouse and eating establishments.

(4)

Community Service Uses.

(a)

Hospitals:

1 space per 4 patient beds plus 1 space per staff doctor plus 1 space per 2 employees on the peak shift plus 1 space per emergency vehicle.

(b)

Libraries, Museum, Galleries, Cultural Centers and similar uses:

An area equal to 50% of the gross floor area open to the public.

(c)

Assembly Halls:

1 space per 5 seats.

(d)

School of General Education, Public or Private:

1 space per employee plus 3 spaces per classroom.

(e)

Emergency Service Facilities:

1 space per employee at peak shift plus 1 space per 300 square feet of administrative floor area.

(f)

Schools of Special Education:

1 space per 300 square feet of gross floor area.

(g)

Post Office:

1 space per 300 square feet of gross floor area.

(5)

Commercial Uses:

(a)

Medical Clinic, Offices, Retail Sales Establishments, Retail Food Establishments, Repair Service Establishments, Personal Service Establishments, Financial Institutions, Self-Service Gasoline Stations and Associated Convenience Stores, Laundromat:

1 space per 300 square feet of gross floor area.

(b)

Shopping Centers:

1 space per 300 square feet of gross floor area.

(c)

Theaters, Indoor:

1 space per 3 seats.

(d)

Bowling Alleys:

4 spaces per alley plus additional spaces as required for eating establishments.

(e)

Funeral Homes:

1 space per 8 seats in the main chapel or auditorium.

(f)

Eating Establishments, Sit Down, Taverns and Fast Food:

1 space per 4 seats (including outdoor seating).

(g)

Vehicle Service Establishments (includes service stations):

2 spaces per service bay plus 1 space per employee.

(h)

Vehicle Sales and Rental Establishments:

1 space per 500 square feet of enclosed floor area; plus 1 space per 4,500 square feet of open display area; plus additional spaces as required for vehicle service.

(i)

Veterinary Clinics, Kennels:

1 space per 400 square feet of gross floor area.

(j)

Furniture, Appliance or Carpet Stores:

1 space per 500 square feet of gross floor area.

(k)

Car Wash Automated:

1 space per bay plus 1 space per employee.

(l)

Motels:

1 space per unit plus additional spaces as required for eating establishments and meeting halls.

(m)

Hotels:

For properties inside the Community Redevelopment District: 1 space per 3 bedrooms plus additional spaces as required for eating establishments and meeting halls.

For properties outside the Community Redevelopment District: 1 space per bedroom.

(n)

Mini-warehouses:

1 space per 10 units plus 2 spaces for the office

(o)

Testing Laboratory:

1 space per employee plus 1 space per company vehicle.

(p)

Brewpub:

1 space per 400 sq. ft. of gross floor area plus one space for every four seats above 50 seats, and 1 space per 400 square feet of gross floor area of outdoor taproom(s) or tasting room(s).

(q)

Microbrewery/Micro-Distillery/Regional Brewery/Nano brewery:

1 space per employee plus one space per 250 sq. ft. of gross floor area for tap or tasting rooms, and 1 space per 400 square feet of gross floor area of outdoor taprooms or tasting rooms.

(6)

Industrial Uses:

(a)

Construction Service Establishments:

1 space per 1.5 employees plus 1 space per company vehicle or 1 space per 500 square feet of gross floor area whichever is greater.

(b)

Warehouses:

1 space per 1,500 square feet of gross floor area.

(c)

Wholesale Trade:

1 space per 1.5 employees plus 1 space per 2,000 square feet of gross floor area.

(d)

Manufacturing:

1 space per 4 employees at peak shift.

(e)

Research and Development:

1 space per each 500 square feet of gross floor area plus 1 space per company vehicle.

(7)

Miscellaneous Uses:

(a)

Model Home:

3 spaces per home plus 1 space per employee/ salesperson.

(b)

Utility Service:

1 space per 1.5 employees plus 1 space per company vehicle.

(H)

Drive-through service lanes shall be provided as follows:

(1)

Generally.

(a)

One-way drive aisles which serve automobile-oriented uses may be reduced to ten (10) feet in width when adequate access for emergency vehicles is provided to the building by other drives.

(b)

Stacking for drive-through facilities shall be designed to accommodate all vehicles on-site without obstructing any aisles, parking spaces or public rights-of-way.

(2)

Eating Establishments, Fast Food. Stacking space to accommodate an average of eight (8) vehicles per drive-through lane.

(3)

Financial Institutions, Drive-Up:

(4)

Car Wash, Automated:

10 spaces per stall

(5)

Car Wash, in Conjunction with Gasoline Sales:

Stacking space to accommodate three (3) vehicles.

(I)

Bicycle parking shall be required in accordance with the following:

(1)

Bicycle parking shall be required for the uses listed in Sections 147.04(G)(2)a—f, (G)(3), and (G)(4)—(6) and the number of bicycle parking spaces shall be a minimum of ten (10) percent of the required vehicle parking spaces, with a minimum of one bicycle rack.

(2)

One (1) space per five (5) units for multifamily residential development.

(3)

Bicycle parking shall meet the design requirements of Section 147.03(O).

(Ord. No. 2014-03, § 6, 3-17-2014; Ord. No. 2014-04, § 4, 5-5-2014; Ord. No. 2017-15, § 6, 6-19-2017; Ord. No. 2017-17, § 1, 6-19-2017; Ord. No. 2018-11, § 6, 6-18-2018; Ord. No. 2019-05, § 7, 9-16-2019)

147.05   Parking credits and flexible parking allocations.

(A)

The City may allow the use of any combination of parking credits or allocations permitted by Section 147.05 during the site plan review process.

(B)

Tree Protection.

(1)

The required parking may be reduced by not greater than twenty-five percent (25%) where necessary to preserve protected trees as defined by the tree protection section of this Code. For each parking space that is waived, no less than six (6) inches of trunk diameter (measured at breast height) must be preserved for a tree(s) determined worthy for preservation by the TRC.

(C)

Historic Preservation.

(1)

The adaptive re-use of a structure listed on the Florida Master Site File Inventory or National Register of historic structures, or designated as a landmark under Article VIII of this Code which requires an increase in the amount of parking under the terms of this Code shall only be required to provide parking which can be reasonably designed to fit on the site and still preserve the site's historic character.

(2)

Additions in excess of twenty-five percent (25%) of the existing gross floor area of structures which qualify as historic under Subsection (1) above, shall require the provision of parking in accordance with the regulations of this Code.

(D)

Shared Parking.

(1)

The use of shared parking may be allowed when the functional nature of the uses result in differing peak hour demands. The number of spaces required shall be determined after the review of a parking study submitted by the applicant. Said study shall be based upon available traffic engineering and planning data available from sources accepted by the profession. Any such use shall also require the recording of a perpetual easement in a form acceptable to the City Engineer.

(E)

Public Transportation Bus Stops.

(1)

The required parking may be reduced by not greater than five percent (5%) for development located along a public transportation route where a bus stop is provided.

(2)

The bus stop shall be designed to PSTA standards, shall contain seating and trash collection facilities, and shall be maintained as a part of the development unless an agreement outlining different maintenance responsibilities is entered into with PSTA.

(F)

Community Redevelopment District.

(1)

The required parking for retail, office and service uses in the Community Redevelopment District (CRD) may be reduced to one (1) space per four hundred (400) square feet of gross floor area including outdoor seating areas. The City Commission may approve an alternative parking plan in connection with a site plan application based on substantial, competent evidence establishing that the parking needs for the use(s) will be continuously met through other arrangements or lasting measures determined to be satisfactory to the City Commission. A copy of an approved alternative parking plan must be recorded in the public records for Pinellas County maintained by the Pinellas County Clerk of the Circuit Court in a form approved by the City Attorney. The applicant shall provide proof of recordation prior to approval of the certificate of occupancy. An alternative parking plan may be amended by the same procedure required for the original approval.

(2)

The required parking for retail, office, and service uses in the Community Redevelopment District may be reduced by one-half (½) parking space for every twenty-three (23) contiguous feet of street frontage for which there is adjacent permitted on-street parking or by the number of designated parking spaces that are directly adjacent to the site. Credit shall not be given for a partial space.

(Ord. No. 2015-05, § 12, 3-16-2015; Ord. No. 2018-11, § 4, 6-18-2018)

148.01   Loading schedule.

(A)

Commercial or Industrial Uses:

(B)

Hotel or Motel:

1 space per 200 units

(C)

Community Service Uses:

1 space for the first 10,000 square feet plus 1 space for each 100,000 square feet or major fraction thereof.

(D)

The following minimum turning paths shall be provided:

(1)

A minimum turning radius of 26 feet for vans and passenger vehicles.

(2)

A minimum turning radius of 43 feet for a 30-foot single unit truck, step van, or bus.

(3)

A minimum turning radius of 40 feet for a 43- to 50-foot semitrailer combination.

(4)

A minimum turning radius of 46 feet for a 55-foot semitrailer combination.

150.01   Dedications required.

(A)

The City may, as a condition of the vacation of right-of-way, require the dedication by deed of additional right-of-way where necessary to implement the Traffic Circulation Element or enhance ingress/egress in that specific situation.

(B)

The City may, as a condition to the approval of a site plan or subdivision plat require the dedication by deed of the additional right-of-way necessary to implement the right-of-way needs plan of Section 150.00 or the Traffic Circulation Element where a finding is made that the following rational nexus criteria is present:

(1)

The affected roadway is functioning below the acceptable level of service as defined by the Comprehensive Plan, and the increased traffic impacts related to the proposed development will further degrade the operating condition of the affected roadway, or the increased traffic impacts related to the proposed development reduce the level of service at which the affected roadway is currently operating; and

(2)

The improvement of the affected roadway or intersection is scheduled by the 5-year capital improvements plan of the responsible jurisdiction.

150.02   Transportation corridor reservation maps.

(A)

The City Commission may adopt maps of right-of-way reservation for any transportation corridor within the City's jurisdiction.

(B)

Any such maps shall delineate the limit of the transportation corridor and the proposed rights-of-way for the eventual widening or improvement of the facility within the proposed corridor.

(C)

Transportation Corridor Reservation Maps shall be recorded with the Clerk of the Court in Pinellas County.

(D)

Prior to adopting Transportation Corridor Reservation Maps the City shall advertise and hold a public hearing. All property owners of record within the limits of the proposed transportation corridor shall be notified by first class mail a minimum of twenty (20) days prior to the date set for the public hearing. Ownership shall be determined from the latest available tax records of the Pinellas County Property Appraiser's Office. Minor amendments to an adopted Transportation Corridor Map which affect less than five percent (5%) of the total area within the transportation corridor may be made within thirty (30) days after notifying by first class mail only the property owners directly affected by the change.

(E)

Upon recording of a Transportation Corridor Reservation Map, all required setbacks and construction shall be measured from the edge of the right-of-way shown by the Transportation Corridor Reservation Maps.

(F)

Upon recording of a Transportation Corridor Reservation Map, existing nonresidential structures which fall within the limits of the proposed right-of-way as shown by the Transportation Corridor Reservation Map may be renovated provided the cost of the renovation does not exceed twenty percent (20%) of the appraised value of the nonresidential structure according to the latest available tax records of the Pinellas County Property Appraiser's Office. The cost of the renovation shall be certified by a licensed contractor hired by the property owner.

(G)

Upon recording of a Transportation Corridor Reservation Map, no restriction shall be placed upon the renovation of an existing residential structure which falls within the limits of the proposed right-of-way as shown by a Transportation Corridor Reservation Map.

(H)

If the approval of any renovation or development is prohibited under this Section, the City shall make an offer to purchase the reserved right-of-way for a particular parcel of land as shown by the Transportation Corridor Reservation Map within ninety (90) days of receiving an application for development order approval. If no offer is made in 90 days or if the offer is not accepted within another 30 days, the City shall amend the map, withdraw the map, issue the development order if the application meets all other regulations, or file condemnation proceedings.

(I)

After recording, any property owner of record located within the limits of the proposed right-of-way as shown by the Transportation Corridor Reservation Map alleging that such property regulation is unreasonable or arbitrary and that its effect is to deny a substantial portion of the beneficial use of such property can petition for a hearing. Any petition for a hearing must submit a written statement as to the beneficial use of such property. Upon receiving a petition of hearing the City shall schedule a hearing before a Hearing Officer from and assigned by the Florida Department of Administrative Hearings. Upon issuance of an order from the Hearing Officer the City shall have 180 days from the date of the finding to acquire the property involved in the petition, to amend the map, withdraw the map, or file other appropriate proceedings. Should the City prevail in the order, the petitioner shall pay one-half (½) the cost of the hearing.

(J)

A Transportation Corridor Reservation Map shall be effective for a period of five (5) years from the date of recording. If the City has not acquired all of the right-of-way within the limits of the transportation corridor the City shall invalidate the maps for said corridor. However, the City shall have the right to extend the effective period of a Transportation Corridor Reservation Map for one (1) additional five-year period after holding a public hearing in accordance with the requirements of this Section.

152.01   Sidewalk waiver.

(A)

Sidewalk construction is not required where the development order or construction is for repair or remodeling to an existing structure, site or facility which constitutes an improvement valued at twenty-five thousand dollars ($25,000.00) or less.

(B)

The City Commission may permit the waiver of sidewalk construction where one or more of the following conditions exist:

(1)

The existing right-of-way is of insufficient width to allow the installation of a sidewalk, and additional right-of-way is not being conveyed;

(2)

The existing right-of-way is unimproved, and construction of the street is not included in the responsible jurisdiction's five-year capital improvements plan;

(3)

Where a sidewalk could not be constructed from a permitting standpoint due to existing natural conditions related to topography or the environment. This condition will not support a waiver where reasonable alternative forms of construction are available;

(4)

Where the applicant provides evidence that the existence of a sidewalk will create a hazardous condition;

(5)

Where the applicant's property is within the subdivision or industrial park which meets the following criteria:

(a)

At least 80% of the lots or the properties in the subdivision or industrial park are built on; and

(b)

At least 80% of the lots or the properties in the subdivision or industrial park that are built on or have no sidewalks; and

(c)

The construction of sidewalks in the subdivision or industrial park is not included in the City's five-year capital improvements program; and

(d)

The boundaries of in a subdivision or industrial park for purposes of this section shall be determined by the approved site plan or plat for the subdivision or industrial park.

(6)

The property is served by an alternative pedestrian system.

(C)

All requests for the waiver of sidewalk construction shall include written public notice in accordance with the requirements of Section 225.00 of this Code.

(D)

Sidewalk waivers are subject to a fee-in-lieu. The fee-in-lieu shall be calculated by multiplying the linear feet of the street frontage where a sidewalk waiver was approved by $50.00, excluding the width of the driveway. Sidewalk fee-in-lieu payments are due within five (5) business days of City Commission approval of the sidewalk waiver. Fees collected in lieu of a sidewalk shall be placed in a fund established as the "City Sidewalk Bank" and shall be used for new sidewalk construction within the City.

(Ord. No. 2012-09, § 6, 5-21-2012; Ord. No. 2019-20, § 4, 1-21-2020; Ord. No. 2021-02, § 4, 6-21-2021)

153.01   Definitions.

For the purpose of this Section 153.00 et seq. and Section 154.00 et seq. the following definitions shall apply:

(A)

Approved Arborist means a trained professional knowledgeable and equipped to provide proper tree care, including pruning, planning and other functions to maintain tree health, who is certified by the International Society of Arboriculture (ISA) or the American Society of Consulting Arborists (ASCA).

(B)

City Staff means the Community Development Director or his or her designee.

(C)

City Tree Bank means funds accrued from fines and mitigation payments made to the City under the terms of Sections 153.05 and 153.07.

(D)

Clear Trunk is the measurement from the ground to the area where the live fronds emerge from the trunk of a palm tree.

(E)

Critical Root Zone is the area under the tree that the trees crown extends to, the edge of the trees dripline.

(F)

Crown means the main mass of branching or foliage of a tree.

(G)

Dead Tree means a tree with no foliage.

(H)

Development Permit means any building permit or site plan approval authorizing the construction of any new parking space, the expansion of the gross floor area of a building, the alteration or enlargement of a building envelope, or the alteration of a site configuration through site redesign (right-of-way clearing, easement clearing, mining, borrow pit or lake construction, etc.) or other changes (including grubbing).

(I)

Diameter Breast Height ("DBH") means the diameter, in inches, of a tree measured at 4.5 feet above the existing grade. If the tree forks between four and one-half and two feet above ground level, DBH is measured below the swell resulting from the fork. Trunks that fork below two feet shall be considered multi-trunk trees. DBH for multi-trunk trees shall be determined by measuring each trunk immediately above the fork and adding the total diameters of the four largest trunks.

(J)

Drip Line means the perpendicular line that extends downward from the outermost tips of the tree branches to the ground.

(K)

Ecosystem means a characteristic assemblage of plant and animal life with a specific physical environment, and all interactions among species and between species and their environment.

(L)

Excessive Pruning means the pruning or removal of more than twenty-five percent (25%) of the live crown (live branches) of a tree in any one year.

(M)

Grubbing means the excavation or removal of any type of rooted vegetation from land by digging, raking, dragging or otherwise disturbing the roots of such vegetation and the soil in which such roots are located.

(N)

Hazardous Tree means a tree with uncorrectable defects in the overall health or structure of the tree severe enough to pose present danger to people or buildings under normal conditions as determined by an Approved Arborist.

(O)

Multi-Trunk Tree means any self-supporting woody plant reaching a minimum height of 15 feet having two or more distinct trunks originating below breast height (4½ feet above grade) and growing from a single root mass.

(P)

New parking lot: The construction or addition of three (3) or more parking stalls for uses other than single family or duplex dwellings.

(Q)

No Tree Verification means a signed notarized statement by a property owner, or his agent, stating that no trees exist upon the property.

(R)

No Tree Removal Verification means a signed notarized statement by the property owner, or his agent, upon application for a Development Permit certifying that although protected trees exist on the property for which Development Permit is sought, removal of the protected trees is not required for construction purposes.

(S)

Plant Community means a natural association of plants that are dominated by one or more prominent species, or a characteristic physical attribute.

(T)

Protective Barrier means a physical structure limiting access to a protected area, composed of suitable materials which assures compliance with the intent of Section 153.00 et seq. of this Code and meets the requirements of the City tree barricade detail.

(U)

Protected Tree means any living native shade tree set forth on the table below having a DBH of 4 inches or greater or Sabal Palm/Cabbage Palm (Sabal Palmetto), or Paurotis Palm with a clear trunk of five (5) feet or more. Protected Tree does not include any tree that is specifically excluded from protection herein or is a Dead Tree.

Table: Protected Tree

Table Legend:

Species: Includes the plant's botanical name followed by the common name.

Native: Classifies whether a tree or shrub is native to Pinellas County or North or Central Florida (YES) or is exotic (NO) meaning not native to North America.

Use: Describes whether a tree is a shade tree (ST) or an accent (A) tree. A shrub shall be considered a large shrub (LS) is it has a mature height of five (5) feet or greater. A shrub shall be considered a small screening shrub (S) if it has a mature height of less than five (5) feet.

Soil: Xeric (X) is characterized by soils with coarse texture such as sandy soils and soils with good drainage. Xeric soils are typically infertile. Mesic (M) soils are medium textured loamy soils with a mixture of sand, silt and clay particles. They have average fertility and drainage. Hydric (H) soils are dominated by fine-textured clay particles, have poor drainage (retain water) and high fertility. It is important to match the tree to its soil type.

Drought: Drought refers to a tree's ability to survive drought periods. A tree with a high drought tolerance can survive extended drought periods. However, even the most drought tolerant plants should receive irrigation in urban areas.

pH: Soil pH is a measure of a soil's acidity (AC) or alkalinity (AL). The pH scale ranges from 0—14 with 7.0 being neutral and measurements below 7.0 acidic soil and above 7.0 alkaline. Most trees prefer acidic soils but some grow well in soils that are slightly alkaline (SA).

Light: Light describes a tree's light needs. Some trees prefer full sin and will only flower in full sun (SUN) while other trees either need partial shade (PS) or full shade (SH).

Salt: Salt refers to a tree's ability to withstand aerosol salt spray. Some trees grow in areas of direct salt spray while other trees can only tolerate minimal salt in the air.

(V)

Pruning means the horticultural practice involving the selective removal of parts of a tree such as branches, buds, or roots, and shall include trimming of trees.

(W)

Remove or Effective Removal means to cut down, damage, top, poison, replace, replant, or effectively remove through excessive injury, or in any manner destroy or cause to be destroyed any living Protected Tree.

(X)

Screening means a visual buffer erected between potential incompatible uses utilized to shield or obscure for the purpose of reducing the impact of noise, dust, glare and visual pollution. The screen may consist of walls, fences, and berms of densely planted vegetation.

(Y)

Shade Tree means a hardwood tree that reaches a minimum height of twenty-five (25) feet at maturity, provides relief from direct sunlight for at least six (6) months each year and is included in Protected Tree table.

(Z)

Shrub means a woody plant that usually remains low and produces shoots or trunks from the base; it is not usually tree-like nor single-stemmed.

(AA)

Top or Topping means the removal of any portion of one or more major vertical tree branches or the removal of more than one-third (⅓) of the tree's leaf canopy.

(BB)

Tree means any erect standing woody plant together with its root system of a species which normally attains a minimum overall height at maturity of at least 15 feet, including all Mangroves, Sabal Palms, Cabbage Palms, Sabal Palmetto, and that is located within the City's jurisdiction.

(CC)

Tree Condition Rating means the City Arborist's assessment of the tree's overall structure and systemic health which takes into account the species, appearance, and unique features of the tree as set forth in this Article.

(DD)

Tree Removal means any act which causes a tree to die within a period of 2 years; such acts include, but are not limited to, cutting, inflicting damage upon a root system by machinery, storage of materials, or soil compaction, changing of the natural grade above or below a root system or around the trunk, inflicting damage on a tree, permitting infection or pest infestation, excessive pruning, or paving with concrete, asphalt or other impervious material within such proximity as to be harmful to a tree as determined by an Approved Arborist.

(EE)

Tree Removal Permit means a permit issued by the City allowing the permit holder to remove the trees described therein.

(FF)

Tree Removal Permit Application means the application submitted to the City to obtain a Tree Removal Permit. The application shall be in the form prescribed by the City.

(Ord. No. 2016-10, § 1, 6-6-2016; Ord. No. 2018-13, § 2, 8-20-2018)

Editor's note— See editor's note following Section 153.00.

153.02   Maintenance and pruning of protected trees for all properties within the city.

(A)

Owners of private property shall be responsible for the maintenance of trees on their private property and in abutting rights-of-way. Where support staking and guying of vegetation is provided at the time of installation, the stakes and guys shall be removed no later than one year after installation to prevent damage to the vegetation. Owners of private property who are responsible for the maintenance of trees on private property and in abutting rights-of-way shall not be required to pay any permitting or replacement fees if the owner can prove by substantial competent evidence the tree was fatally damaged by any public utility company.

(B)

All trees shall be maintained free from physical damage or injury, including damage or injury arising from lack of water, chemical exposure, insects, disease, blight or other cause. Exceptions regarding damage due to lack of water shall be made when water consumption is limited by emergency orders or declarations by state or local agencies.

(C)

Except for storm mitigation for those tree species listed as exempt, or following a declared state of emergency in which trees become damaged in such a way that topping or excessive pruning by or at the direction of a governmental agency becomes necessary, it shall be unlawful for any person to cut down, damage, top, poison or in any manner destroy or cause to be destroyed any protected tree regardless of condition with a DBH of 4 inches or more without a Tree Removal Permit. Not more than twenty-five percent (25%) of the tree canopy shall be trimmed or pruned in any year, except for the purpose of removing dead limbs. There shall be no topping of any Protected Trees. Protected Trees destroyed by improper pruning shall be replaced with the same species minimum two-inch DBH based on the Tree Replacement Ratio in [subsection] 153.07(D).

(D)

It is unlawful for a property owner to allow any tree or tree branch that is in such diseased or dead condition so as to be in danger of falling upon any right-of-way or the property of another.

(E)

It shall be unlawful to directly or indirectly dispose of tree trimmings in the right-of-way, onto the property of another, upon any street or alley, or into waters within the City, the municipal storm sewer system, and/or Tampa Bay. This Subsection shall not be construed to prohibit the placement of tree trimmings in the right-of-way as a temporary measure awaiting collection as otherwise provided in this Code or the Safety Harbor City Code. This subsection shall not be construed to prohibit the use of mulching lawn equipment.

(F)

Any individual or entity performing Pruning or other tree maintenance activities for hire shall conform to industry techniques as specified by the American National Standards Institute (ANSI) A300: Tree, Shrub and other Woody Plant Maintenance Standard Practices Part 1—10. Flush cuts (pruning cuts that remove the branch collar) and stub cuts (pruning that leaves a limb stub) are improper pruning techniques and are prohibited.

(G)

No palm frond shall be removed from a palm that emanates from the trunk at or above a 90-degree angle that is perpendicular to the trunk unless the frond is dead or severely chlorotic. Where a frond is touching an energized wire, blocking a sign or creating a safety hazard, fronds may be removed outside of this configuration.

(H)

Any individual or entity performing Pruning or other tree maintenance activities for hire shall conform to the current safety standards as defined in ANSI Z133.1 2006, as may be amended and shall have a Best Management Practices (BMP) certificate issued by Pinellas County.

(Ord. No. 2015-03, § 1, 3-16-2015; Ord. No. 2016-10, § 1, 6-6-2016; Ord. No. 2021-18, § 3, 12-20-2021)

Editor's note— See editor's note following Section 153.00.

153.03   Exemptions.

The provisions of Section 153.00 et seq. shall not apply to the following:

(A)

Trees under 4 inches DBH, except and unless the tree is a replacement tree under Section 153.06(E);

(B)

Pruning of trees as normal maintenance, provided such pruning does not result in excessive pruning, mutilation, death, or removal of the tree or otherwise violates Section 153.02(C) herein;

(C)

Due to their status as exotic species or invasive species, any trees listed on the Florida Exotic Pest Plant Council most recent Invasive Plant List I and II are not protected tree species; and

(D)

Pruning following a declared state of emergency or storm in which trees become damaged in such a way that topping or excessive pruning becomes necessary by or at the direction of a governmental agency.

(Ord. No. 2015-03, § 1, 3-16-2015; Ord. No. 2016-10, § 1, 6-6-2016)

Editor's note— See editor's note following Section 153.00.

153.04   Removal of exotic invasive plant species.

(A)

It shall be unlawful to plant or cause to be planted within the City limits the following exotic and nuisance plant species: Brazilian Pepper tree (Schinus terebinthifolius), Punk tree (Melaleuca quinquenervia), Australian pine tree (Casuarina equisetifolia), Chinese Tallow (Sapium sebiferum).

(B)

During the site construction process all invasive exotic plants as listed below 'List of Target Invasive Exotic Plant Species' shall be removed. After the issuance of the certificate of occupancy, the property owner shall control re-growth of invasive exotic plants in perpetuity.

List of Target Exotic Invasive Plant Species

•

Australian pine (Casuarina spp.)

•

Air Potato (Discorea bulbifera)

•

Brazilian pepper (Schinus terebinthifolius)

•

Carrotwood (Cupaniopsis anacariopsis)

•

Caster bean (Ricinus communis)

•

Chinaberry (Melia azedarach)

•

Chinese tallow (Sapium sebiferum)

•

Laurel fig (Ficus retusa 'nitida')

•

Punk (Melaleuca quinquenervia)

•

Ceaser's Weed (Urena lobata)

(C)

For those platted lots that are less than ½ acre in size where a Tree Removal Permit is issued, the owner or applicant shall remove all existing Brazilian Pepper (Schinus terebinthifolius) trees from the lot and remove to the extent practicable any existing air potato vines (Dioscorea bulbifera).

(Ord. No. 2015-03, § 1, 3-16-2015; Ord. No. 2016-10, § 1, 6-6-2016)

Editor's note— See editor's note following Section 153.00.

153.05   Permit required.

(A)

Unless exempt pursuant to Section 153.03, it shall be unlawful for any person to cause any Protected Tree to be Removed without first obtaining a Tree Removal Permit.

(B)

Any person wishing to obtain a Tree Removal Permit to Remove a Protected Tree shall submit a written Tree Removal Permit Application to the City in the form approved by the City Manager accompanied by a Tree Removal Permit Application fee of $25.00 for residential parcels and $100.00 for all other parcels, and pay any replacement fees required by Section 153.07.

(C)

Where a Development Permit is required, the Tree Removal Permit Application shall contain the following minimum information:

(1)

A tree survey reviewed and approved by a certified Arborist showing the following:

(a)

The shape and dimensions of the lot or parcel;

(b)

The location of existing structures and improvements;

(c)

The location and DBH of all trees on site and within 25' of the property line, identified by botanical or common name;

(d)

The location of the canopy drip line;

(e)

Any proposed tree removal and replacement program;

(f)

Tree Condition Rating for Protected Trees assigned by the City Arborist in accordance with subsection 153.05(3) below;

(g)

Any additional information deemed necessary by the City Manager, or his designee; and

(2)

A statement as to why the tree(s) are proposed to be removed.

(3)

The Tree Condition Rating shall be assigned by the City Arborist in accordance with the City's tree condition rating guide maintained by the City Arborist and shall range from a low of 0.0 to a maximum of 6.0, with 0 being a Dead Tree and 6.0 being a specimen tree. Increments of 0.5 shall be used to increase accuracy. In determining the Tree Condition Rating, the City Arborist shall consider the following:

(a)

Elements of structure: The presence of cavities; decayed wood; split, cracked, or rubbing branches; branch arrangements and attachments; evenly spaced scaffold branches as opposed to several branches emanating from the same area of the trunk; codominant stems as opposed to single leader trunk; and presence of branch ridge as opposed to included bark.

(b)

Elements of systemic health related to the trees overall energy system measured by net photosynthesis as opposed to respiration including the following indicators of healthy systemic systems: live crown ratio (the percentage live crown a tree has relative to its height), crown density (density of foliage), and tip growth (foliated branch tips and shoot elongation).

(D)

Where a site plan application is required under Section 229 of this Code, the applicant shall follow the procedures set forth therein.

(E)

City Staff shall have the authority to withhold issuance of Tree Removal Permit Application where a Development Permit is required until site plan approval has been granted.

(F)

Prior to the issuance of a Tree Removal Permit, City Staff shall conduct an on-site inspection.

(G)

Prior to the removal of any tree(s), City Staff shall inspect the site in accordance with the requirements of Section 153.08.

(H)

The tree removal permit must be displayed on site.

(Ord. No. 2015-03, § 1, 3-16-2015; Ord. No. 2016-10, § 1, 6-6-2016; Ord. No. 2018-13, § 3, 8-20-2018)

Editor's note— See editor's note following Section 153.00.

153.06   Permit criteria.

(A)

In reviewing a Tree Removal Permit Application, City Staff shall approve a Tree Removal Permit only when one or more of the following criteria are met:

(1)

The Protected Tree(s) to be removed pose a safety hazard to pedestrians or vehicular traffic, threaten to cause disruption of public services or utility services, pose a safety hazard to persons or buildings or are within the visibility triangle;

(2)

The Protected Tree(s) to be Removed are weakened by age, fire or other injury or are in major decline, have a fatal and communicable disease, a fatal and communicable insect infestation, or have a defective structure that is a hazard; or

(3)

The Protected Trees to be Removed must be Removed in order to construct improvements that are proposed as a result of:

(a)

Need for access immediately around the proposed structure for construction equipment;

(b)

Need for access to the building site for construction equipment;

(c)

Essential grade changes;

(d)

Surface water drainage and utility installations; or

(e)

Location of primary building pad, primary foundation line, swimming pool, patio pad, or that portion of the driveway within the path of the garage or carport entrance, and these structures cannot be relocated.

(B)

City Staff may deny a Tree Removal Permit even if one of the above factors is met where there is a need for visual screening between incompatible uses as identified in Section 154.00 et seq.

(C)

City Staff, upon a determination that Tree Removal Permit Application is to be denied, shall state the basis for such denial specifically and shall notify the applicant in writing of the criteria upon which the denial is predicated.

(Ord. No. 2015-03, § 1, 3-16-2015; Ord. No. 2016-10, § 1, 6-6-2016)

Editor's note— See editor's note following Section 153.00.

153.07   Permit conditions.

(A)

As a condition of granting the Tree Removal Permit, City Staff shall require the replacement of the tree(s) to be removed as outlined in Section (D)(1) below.

(B)

The replacement tree(s) shall be a Protected Tree and shall meet the requirements of Sections 154.02(A) and (B).

(C)

Any and all Tree Removal Permits, issued by the City shall expire within three (3) months of the Tree Removal Permit issue date. Any Tree Removal after the expiration of a Tree Removal Permit requires a new Tree Removal Permit Application and new Tree Removal Permit under the terms of Section 153.00 et seq. If a new Tree Removal Permit is not obtained, Tree Removal conducted pursuant to an expired Tree Removal Permit shall be subject to the penalties in Section 153.10.

(D)

Except as specifically provided in this Section, all Protected Trees Removed pursuant to a Tree Removal Permit shall be replaced as follows: Tree Replacement Ratio based on the DBH inch of Protected Tree Removed or, where a suitable location for replanting on the property is not available, a fee in lieu thereof shall be paid in the amount calculated pursuant to subsections (1) through (8) below. Replacement trees shall be of a size as outlined in Section 154.02(A) and (B). Payments into the tree fund are due at time of tree removal permit issuance. Replacement trees for sites that are not associated with a building permit for new development are required to be planted within three months of tree removal permit issuance. Replacement trees for sites that are associated with a building permit for new development are required to be planted prior to the issuances of a Certificate of Occupancy. If replacement trees are installed on developed properties, the applicant shall guarantee the survival of the replacement trees and a follow-up, on-site inspection by City Staff at yearly intervals for two (2) years after planting may be conducted to ensure compliance. All replacement trees shall be regulated as Protected Trees regardless of whether they are less than four (4) inches at DBH. Replacement Trees shall be planted within three (3) months of the issuance of the Tree Removal Permit.

Failure to comply with these provisions will subject the applicant to penalties under this Section 153.10 and all applicable civil penalties as well as replanting and additional monitoring of replacement trees if necessary. Fees collected in lieu of replacement shall be placed in a fund established as the "City Tree Bank." Such fees are established as follows:

(1)

All properties:

(2)

Except as provided in Section 153.07(D)(3), where a property cannot replace the number of trees based on the Tree Replacement Ratio, the property owner will pay the Inch per Inch Tree Replacement Fee for the difference of inches not replaced. Where a partial Tree Replacement Ratio was reached, the Inch Per Inch Tree Replacement Fee will be prorated by the same percentage of Tree Replacement Ratio reached. For site plan applications where an Inch per Inch Tree Replacement Fee is being paid, the Inch per Inch Tree Replacement Fee shall be based on the average value of the total Protected Trees on the site pursuant to Section 153.07(D)(1) with a condition rating of 2.5 or higher that are being Removed, multiplied by the number of Protected Trees that are not being replaced on site.

Example of a property with a Homestead Exemption for Ad Valorem Tax Purposes: A property owner receives a permit to remove five protected trees as listed below:

A suitable location is found to replace ten (10) protected trees on-site, leaving four trees for the replacement fund. The average cost per trees being removed for this site is $936. The property owner will pay $3,744 to replace four trees.

Example of a property without a Homestead Exemption for Ad Valorem Tax Purposes: A property owner receives a permit to remove five protected trees as listed below:

A suitable location is found to replace ten (10) protected trees on-site, leaving four trees for the replacement fund. The average cost per trees being removed for this site is $1,872. The property owner will pay $7,488 to replace four trees.

(3)

A property owner who receives a homestead exemption the first year eligible for homestead exemption, may provide proof of homestead exemption to the City and receive a rebate for the difference in the Tree Replacement Fee paid at the time of the Tree Removal Permit and the Tree Replacement Fee for properties with a homestead exemption. Such rebate shall only be available if the Tree Removal Permit was issued to the same property owner who later obtains and provides proof of a homestead exemption.

(4)

Where the Protected Tree is a Live Oak measuring 26 inches or greater in DBH and is not Removed pursuant to Section 153.06(A)(1) or (2); there shall be no pro rata reduction in the Inch Per Inch Replacement Fee as described in 153.07(D)(2) and the full Tree Replacement Ratio shall be achieved or else the full Tree Replacement Fee shall be paid.

(5)

Where the tree is a Sabal Palmetto (Cabbage Palm or Sabal Palm), it shall be replaced with another Sabal Palm with five (5) feet of clear trunk or more or one protected replacement tree, or, in lieu of replacement, a fee of $10.00 per DBH inch removed shall be collected. A protected shade tree shall not be replaced with a sabal palm.

(6)

When a Tree Removal Permit is approved for a Hazardous Tree and the number of existing healthy trees meet the minimum shade tree requirements specified in Sec. 154.03, no trees will be required to be planted and the replant requirement shall be waived, with a flat fee of $100.00 per tree. In lieu of the $100.00 flat fee, a minimum two-inch Protected Tree may be planted on the property.

(7)

Where the Protected Tree to be Removed is part of a site plan for new development, on a lot larger than 1 acre in size, that preserves at least 30 percent of existing Protected Trees on site having a DBH of 20 inches or greater and where each finished parcel meets the minimum tree requirements established by Section 154.03 of this Code, the Inch Per Inch Replacement Fee shall be waived.

(E)

Donated Trees—When a tree or trees are to be Removed pursuant to a Tree Removal Permit, the City may accept, as a donation, such trees for replanting on City property or for temporary planting at a tree farm for future City use. If such donation is accepted by the City, the property owner will pay a fee to cover the cost of relocation and care of said trees. The property owner will be credited DBH inch for DBH inch against the replacement requirements prescribed in this Section 153.07.

(F)

The City Tree Bank Funds will be used by the City for one of the following purposes:

(1)

To purchase trees for use on city property or for use in a City sponsored reforestation program within the City limits;

(2)

For the payment of fees by the City to a landscape professional or certified arborist for educating City Staff or the general public with regard to tree protection and preservation; or

(3)

For such other services or programs deemed by the City Manager to further the intent of Section 153.00 et seq.

Notwithstanding the foregoing, no more than 50% of fees collected in lieu of tree replacement shall be used for anything other than the purchase of trees for use on City property, or for the use in a City sponsored reforestation program.

(Ord. No. 2015-03, § 1, 3-16-2015; Ord. No. 2015-09, § 1, 5-4-2015; Ord. No. 2016-10, § 1, 6-6-2016; Ord. No. 2018-13, § 4; 8-20-2018; Ord. No. 2021-18, § 4, 12-20-2021)

Editor's note— See editor's note following Section 153.00.

153.08   Tree protection during construction.

All development and redevelopment on parcels shall comply with the following tree protection requirements:

(A)

It shall be unlawful for any person in the construction of any structures or other improvements to place solvents, material, construction machinery, or temporary soil deposits within the Critical Root Zone.

(B)

Before any development activity begins, a Tree Removal Permit shall be required and a Protective Barrier shall be erected by the developer around all Protected Trees on site and, if the adjacent property owner consent, off site Protect Trees within twenty-five (25) feet of the property line, and other protected environmental areas during site clearing to create a protective radius and shall remain in place until land alteration, site clearing and construction activities are complete. The Protective Barrier shall remain until such time as they are authorized to be removed by City Staff or until the issuance of a final Certificate of Occupancy. A fine of up to $250.00 per day shall be assessed to the property owner and/or contractor of record for trees without a Protective Barrier or when existing Protective Barriers have been knocked down or removed or when unauthorized materials have been placed within the Protective Barrier.

(C)

Installation of artificial barriers such as protective barricades, fences, posts or walls shall not destroy or irreversibly harm the root system of Protected Trees. Footers for walls shall end at the point where larger roots are encountered, and the roots shall be bridged. Post holes and trenches located close to Protected Trees shall be adjusted to avoid damage to major roots.

(D)

In addition to the above requirements, during construction, no attachments or wires shall be attached to any Protected Tree.

(E)

All roots to be removed during the site clearing phase shall be severed clean at the perimeter of the designated protective radius.

(F)

A five-inch layer of mulch shall be applied over the surface of exposed roots of Protected Trees during the site clearing phase.

(G)

A protective dry well and drainage/aeration system shall be provided where Protected Trees will be adversely affected by raising the grade.

(H)

A protective retaining wall shall be constructed at the perimeter of the protective radius around a Protected Tree where the Protected Tree will be adversely affected by lowering the grade.

(I)

All pruning of Protected Trees during development shall be supervised by an Approved Arborist.

(J)

The City shall require the submittal of a tree preservation plan for all protected trees on property and within twenty-five (25) feet of the property prepared by an approved arborist prior to commencement of construction. The tree preservation plan shall describe how the construction impacts will be mitigated.

(K)

When a utility must cross a Critical Root Zone of a Protected Tree in good health, directional boring or tunneling shall be required to avoid the tree roots. Sewer lines may be exempted from this requirement, if the functionality of the line will be diminished as a result of this requirement.

(L)

If new construction necessitates the Pruning or Removal of an off-site tree either in the right of way or on adjacent property and the owner of the adjacent property consents, the owner of the property under construction shall be responsible for all costs (including, but not limited to, permitting and contractor costs) associated with the Pruning or Removal of the off-site tree.

(Ord. No. 2015-03, § 1, 3-16-2015; Ord. No. 2016-10, § 1, 6-6-2016; Ord. No. 2021-18, § 5, 12-20-2021)

Editor's note— See editor's note following Section 153.00.

153.09   Relationship to building permit.

(A)

No building permit shall be issued without an approved Tree Removal Permit or one of the following verifications:

(1)

If there are no Protected Trees on the property, an applicant for building permit shall submit a notarized statement of No Tree Removal Verification.

(2)

If all Protected Trees that exist on the property will not be removed, an applicant for building permit shall submit a notarized statement of No Tree Removal Verification.

(Ord. No. 2015-03, § 1, 3-16-2015; Ord. No. 2016-10, § 1, 6-6-2016)

Editor's note— See editor's note following Section 153.00.

153.10   Enforcement.

(A)

City Staff has the authority to withhold the final Certificate of Occupancy if the provisions set forth in Section 153.00 et seq., including conditions of any Tree Removal Permits issued, have not been complied with.

(B)

Whenever City Staff determines that a violation of Section 153.00 et seq. has occurred, City Staff shall cause such violations to be corrected by complying with the following procedure:

(1)

Written Notice: Immediately issue written notice in the manner specified in Section 162.12, Florida Statutes, as may be amended, to the alleged violator stating the nature and location of the violation and specifying what remedial steps are necessary to bring the project into compliance. Such person shall immediately commence the recommended remedial action and shall have two (2) working days after receipt of said notice, or such longer time as may be allowed by the City Staff, to complete the remedial action set forth in said notice.

(2)

Remedial Work and Stop Work Orders: If a subsequent violation occurs during the 2 working days, or if remedial work specified in the notice of violation is not completed within the time allowed, or if clearing, development of land, or any site alteration is occurring without a required Tree Removal Permit, City Staff shall issue a Stop Work Order immediately. Said Stop Work Order shall contain the grounds for its issuance, and shall set forth the nature of the violation. The Stop Work Order shall be directed not only to the person owning the land upon which the violation is occurring, but also shall be directed to the person or firm actually performing the physical labors of the development activity, directing him to cease and desist all or any portion of the work upon all or any geographical portion of the project, whichever is greater, except such remedial work as is deemed necessary to bring the violation into compliance.

(C)

Subsection (B) above shall be supplemental and shall not prohibit the City from enforcing Section 153.00 et seq. by any other legal procedure including, but not limited to, the procedure provided by Chapter 2, Article III, Sections 2.10.01 through 2.10.11 of the Safety Harbor City Code, and/or Chapter 162, Florida Statutes.

(D)

For the Removal of any Protected Tree in violation of this Code, City Staff shall ensure that the proper permitting procedure is henceforth followed, and the property owner shall be charged four (4) times the Tree Removal Permit fee specified in Section 153.05(B) and Tree Replacement Fee specified in Sec. 153.07(D)(1).

(E)

In addition to all other available remedies, any individual or entity for hire that Removes any Protected Tree in violation of this Code shall be subject to a progressive fine as listed below:

First offense: $1,000.00 fine and a three-month suspension on submitting Tree Removal Permit Applications.

Second offense: $2,000.00 fine and a six-month suspension on submitting Tree Removal Permit Applications.

Third and all future offenses: $3,000.00 fine and one-year suspension on submitting Tree Removal Permit Applications.

All fines must be paid prior to the approval of any future Tree Removal Permits.

(F)

Any individual or entity for hire that improperly prunes a cabbage palm within a commercial or multi-family development shall be subject to a fine of $100.00 per tree.

(G)

In any prosecution for the removal of a Protected Tree without a Tree Removal Permit, each tree so removed will constitute a separate offense, and mitigation shall be required per Section 153.07.

(H)

In addition to other remedies and notwithstanding the existence of an adequate remedy at law, the City may seek injunctive relief in the Circuit Court to enforce the provisions of this section.

(I)

All fines are due within three (3) months of the date of the violation letter or, if appealed, within thirty (30) days of the final order on the appeal.

(J)

All fines for the Removal of Protected Trees in violation of this Code shall constitute a lien upon the premises served if the fines remain unpaid fifteen (15) days beyond due date. The City Clerk may file with the Clerk of the Circuit Court of the County a Claim of Lien. The Claim of Lien shall contain the legal description of the premises served, the amount of the fines, plus administrative fees, penalties, and attorney's fees. All recorded fines shall bear interest at the current judgment rate.

(Ord. No. 2015-03, § 1, 3-16-2015; Ord. No. 2016-10, § 1, 6-6-2016)

Editor's note— See editor's note following Section 153.00.

153.11   Appeals.

Any applicant for a Tree Removal Permit adversely affected by a decision of City Staff in the application or interpretation of any of the provisions of Sections 153.00 et seq., with the exception of Section 153.10, may appeal the decision to the City Commission by filing notice of their appeal with the City Manager within sixty (60) days of the date the decision is rendered. The notice of appeal shall state the basis for the appeal and all pertinent facts surrounding the appeal.

(Ord. No. 2015-03, § 1, 3-16-2015; Ord. No. 2016-10, § 1, 6-6-2016)

Editor's note— See editor's note following Section 153.00.

153.12   Grand trees.

(A)

Intent: The City Commission finds that Grand Trees as defined herein increase the value of properties where they grow and provide superior aesthetic and ecological benefits to these properties and the surrounding community and as such are a valuable natural resource that enhance the quality of life and the general welfare of the citizens of Safety Harbor. It is the intent of the City Commission to encourage the protection of the maximum number of Grand Trees within the City by regulating the performance of activities that may adversely impact the condition of a Grand Tree or cause its unwarranted removal.

(B)

Applicability: Any site where new construction is proposed, or land alteration is to occur is required to have each tree that meets the minimum requirements of species and trunk diameter for a Grand Tree graded by an Approved Arborist for overall condition and scored for total points to determine if the tree is a Grand Tree. The grand tree scoring worksheets shall be maintained by the City Arborist. The calculations for all trees meeting the species and trunk diameter requirements for a Grand Tree must be provide even if the tree does not have the requisite condition rating or total points to attain Grand Tree status. The calculations are due at the time of first submittal for projects requirement site plan approval. For projects not requiring site plan approval, the calculations are due at the time the application is made for a land alteration permit or building permit. The City retains the right to reject Grand Tree assessments that are incomplete or do not adhere to current industry standards for tree assessment.

(Ord. No. 2021-18, § 8, 12-20-2021)

153.13   Evaluation of grand tree status.

(A)

To achieve the designation of a Grand Tree a tree must meet the minimum qualifications defined below.

(1)

The following tree species shall be considered for Grand Tree Status:

a)

Live Oak (Quercus virginiana)

b)

Sand live oak (Quercus genminata)

c)

Southern magnolia (Magnolia grandiflora)

d)

Sweetbay (Magnolia virginiana)

e)

Bald cypress (Taxodium distichum)

f)

Pignut hickory (Carya glabra)

g)

American elm (Ulmus americana)

h)

Southern red cedar (Juniperus silicicola)

i)

Longleaf pine (Pinus palustris)

j)

Slash pine (Pinus elliottii)

(2)

The tree must have a minimum trunk DBH of at least 26 inches to be a candidate for Grand Tree status.

(3)

The tree must have a condition rating of 3.5 or greater, as established in Section 153.05(C)(3).

(4)

The tree must accumulate the number of points based on the Grand Tree Worksheet and summarized below:

a)

Measure the tree's trunk diameter in inches at DBH.

b)

Measure in feet the widest cross section of the tree's crown as projected vertically down to the ground and the narrowest cross section of the crown projected vertically down to the ground. Add the total feet for both measurements and divide by two to get the average crown spread expressed in feet.

c)

Measure the highest point of the crown using an altimeter, clinometer or other measuring device that will give an accurate measurement in feet of the highest point of the tree's crown.

d)

Add the numbers for inches of trunk diameter, feet of the average crown spread, feet for the total height of the tree and add the condition rating and if the point totals equal or exceed the minimum number of total points for the species as defined in the following table, the tree is a grand tree.

(Ord. No. 2021-18, § 9, 12-20-2021)

153.14   Permit required.

(A)

Unless exempt pursuant to 153.03, it shall be unlawful for any person to cause any Grand Tree to be removed without first obtaining a Grand Tree Removal Permit.

(B)

Any person wishing to obtain a Grand Tree Removal Permit to remove a Grand Tree shall submit a written Tree Removal Permit Application to the City in the form approved by the City Manager accompanied by a Tree Removal Application Fee of $25.00 for residential parcels and $100.00 for all other parcels, and pay any replacement fees required by Section 153.15(C). The application shall include the following information:

(1)

A site plan drawn to a minimum scale of 1" = 20 feet, of showing the parcels and lots, existing and proposed grades, all proposed structures including buildings, vehicular use areas, walkways, overhead and underground utilities, retention ponds, swales and any other structures on the property.

(2)

All Grand Trees shall be identified on the survey as "GT". Trees proposed for removal shall be identified.

(3)

A tree inventory listing each Grand Tree by size (DBH), species (botanical and common name).

(4)

A Grand Tree Worksheet for each grand tree.

(5)

An explanation as to how the proposed Grand Tree Removal meets the criteria in Section 154.14(C) for each tree proposed to be removed.

(C)

The application shall be field checked by the City Arborist or by an approved arborist hired by the city to determine if the tree(s) proposed for removal achieve the designation of a Grand Tree as defined in Section 153.13. A Grand Tree may be removed from a site when one or more of the following criteria are met:

(1)

The Grand Tree(s) to be removed pose a safety hazard to pedestrians or vehicular traffic, threaten to cause disruption of public services or utility services, pose a safety hazard to persons or buildings or are within the visibility triangle;

(2)

The Grand Trees to be Removed must be Removed in order to construct improvements that are proposed as a result of:

(a)

Need for access immediately around the proposed structure for construction equipment;

(b)

Need for access to the building site for construction equipment;

(c)

Essential grade changes;

(d)

Surface water drainage and utility installations; or

(e)

Location of primary building pad, primary foundation line, swimming pool, patio pad, or that portion of the driveway within the path of the garage or carport entrance, and these structures cannot be relocated.

(3)

Staff finds it to be in the interest of the general public's health, safety and welfare that the tree be removed.

(D)

The City Arborist shall review the Grand Tree Removal Permit application and provide the applicant with written notification of the city's approval or denial of the permit application for each tree requested for removal within 21 calendar days of receipt of the completed permit application. Upon the determination that a tree(s) being requested for removal on a Grand Tree Removal Permit application is to be denied, the City Manager shall state the basis for such a denial citing the specific criteria for removal as enumerated herein and shall notify the applicant. in writing, of their right to appeal the decision.

(E)

An approved Grand Tree Removal permit shall be valid for a period of one hundred eighty (180) days from the issuance date. If the tree(s) has not been removed by the end of the one hundred eighty-day period, then the existing permit shall expire and a new application must be filed if the applicant still desires to remove the tree(s). The City will have the option to re-inspect the tree(s) to determine if the tree(s) still warrant removal based on the current criteria in Section 153.00. et seq. or the City can choose to approve the new permit request based on the former decision to grant the permit.

(F)

If a Grand Tree is located at a site that will be impacted by development related activities, but the activities will not necessitate the removal of the Grand Tree, then a No Grand Tree Removal Verification Form must be completed. The trees identified on the form shall be provided protection e.g., tree barricades. as provided herein.

(Ord. No. 2021-18, § 10, 12-20-2021)

153.15   Mitigation standards for removal of a grand tree.

(A)

When a Grand Tree is approved for removal, the tree shall be replaced with new tree plantings per the following replacement ratios:

(B)

The replacement trees shall be of a species from the list in Section 153.13(A)(4)(D) and be Florida Grade #1 or better as defined in the Florida Division of Plant Industry's Florida Grades and Standards for Nursery Stock. If replacement trees are installed, the applicant shall guarantee the survival of the replacement trees for a period of two years after inspection and approval by the City. The trees must be maintained in a healthy growing condition, or the applicant shall continue to plant new trees at the location until the required numbers of replacement trees are established. Failure to comply with these provisions will subject the applicant to civil remedy penalties as defined in Section 153.10. Where a suitable location for replanting on the property is not available, a fee in lieu thereof shall be paid. Payments into the tree fund are due at time of tree removal permit issuance. Replacement trees for sites that are not associated with a building permit for new development are required to be planted within three months of tree removal permit issuance. Replacement trees for sites that are associated with a building permit for new development are required to be planted prior to the issuance of a Certificate of Occupancy. A combination of new tree plantings and payment to the tree bank is acceptable.

Fees collected in lieu of replacement shall be placed in the "City Tree Bank" as described in Section 153.07(D).

Grand Tree removals shall be subject to the Inch Per Inch Tree Removal fees in Section 153.07(D). In addition, a flat fee shall be paid into the "City Tree Bank" of $1,500 for properties with a homestead exemption and $3,000 for all other properties.

(C)

Failure to comply with these provisions will subject the applicant to penalties under this Section 153.10 and all applicable civil penalties as well as replanting and additional monitoring of replacement trees if necessary.

(Ord. No. 2021-18, § 11, 12-20-2021)

153.16   Prohibited acts, penalties, civil remedy.

(A)

It shall be unlawful for any person, without having first obtained a permit as provided herein, to remove, cut down. damage, poison, effectively remove through excessive injury. or to cause to be removed. cut down, damaged, poisoned or effectively removed through excessive injury any Grand Tree and it shall be unlawful for any person to damage or cause to be damaged a Grand Tree by performing improper maintenance to a Grand Tree as defined herein. Any person(s) found guilty of such actions will be liable for the penalties provided in subsection (B), or for such other fines or penalties as provided by law.

(B)

The city may seek through civil action a civil penalty from any person who removes or effectively removes or causes to be removed a Grand Tree without first obtaining a permit or who damages a Grand Tree as described in Section 1 53.05(A), above. The person shall pay to the City a civil penalty equal to the total value of the tree(s) illegally removed or damaged. The value shall be determined according to the appraisal methodologies as established in the Council of Tree and Landscape Appraisers' current edition of the Guide For Plant Appraisal, edited, published and copyrighted by the International Society of Arboriculture. This remedy is supplemental to any other remedies or enforcement actions the City may have to enforce the provisions of Section 153.00, et seg.

(Ord. No. 2021-18, § 12, 12-20-2021)

154.01   Reserved for future use.

Editor's note— Sec. 2 of Ord. No. 2015-04, adopted March 16, 2015, deleted Section 154.01, which pertained to definitions for Sections 154.00 through 154.04 and derived from the original ordinance codified herein.

154.02   Plant material.

(A)

All trees shall have a minimum of two-inch trunk diameter measured six (6) inches above grade, a minimum crown of four (4) feet, minimum height of eight (8) feet upon planting, and a minimum nursery grade of Florida #1 or better according to current edition of Grades and Standards for Nursery Plants, published by the Florida Department of Agriculture and Consumer Services Division of Plant Industry. Trees shall be selected from the approved species listed in Tables X-1 or X-2 unless alternative planting material is authorized by the Community Development Director. No more than twenty-five (25) percent of new required trees shall be of a single species of tree or palms. Existing trees which are preserved and new trees which are provided in excess of the required number of trees shall not be subject to this limitation. Plant material should be selected based on its compatibility with current and anticipated site conditions. Priority should be given to native species.

LEGEND:

Species: Includes the plant's Scientific Name followed by the Botanical Name.

Native: Classifies whether a tree or shrub is native to Pinellas County or North or Central Florida (YES) or is exotic (NO) meaning not native to North America.

Use: Describes whether a tree is a shade tree (ST) or an accent (A) tree. A shrub shall be considered a large shrub (LS) if it has a mature height of five (5) feet or greater. A shrub shall be considered a small screening shrub (S) if it has a mature height of less than five (5) feet.

Soil: Xeric (X) is characterized by soils with coarse texture such as sandy soils and soils with good drainage. Xeric soils are typically infertile. Mesic (M) soils are medium textured loamy soils with a mixture of sand, silt and clay particles. They have average fertility and drainage. Hydric (H) soils are dominated by fine-textured clay particles, have poor drainage (retain water) and high fertility. It is important to match the tree to its soil type.

Drought: Drought refers to a tree's ability to survive drought periods. A tree with a high drought tolerance can survive extended drought periods. However, even the most drought tolerant plants should receive irrigation in urban areas.

pH: Soil pH is a measure of a soil's acidity (AC) or alkalinity (AL). The pH scale ranges from 0—14 with 7.0 being neutral and measurements below 7.0 acidic soil and above 7.0 alkaline. Most trees prefer acidic soils but some grow well in soils that are slightly alkaline (SA).

Light: Light describes a tree's light needs. Some trees prefer full sun and will only flower in full sun (SUN) while other trees either need partial shade (PS) or full shade (SH).

Salt: Salt refers to a tree's ability to withstand aerosol salt spray. Some trees grow in areas of direct salt spray while other trees can only tolerate minimal salt in the air.

(B)

Trees shall be separated from buildings, overhead utility lines, and sidewalks as follows:

(1)

Shade Trees.

(a)

The main trunks of new shade trees shall be set back at least twenty (20) feet from overhead utility lines and buildings.

(b)

The main trunks of new shade trees shall be set back at least five (5) feet from the nearest edge of an existing sidewalk.

(c)

New paving shall be setback a minimum of ten (10) feet from the main trunk of existing shade trees that are retained.

(2)

Accent Trees. The main trunks of new accent trees shall be set back ten (10) feet from buildings.

(3)

Palms. The trunks of palms with small crowns, having a crown diameter of 12 feet or less, shall be set back at least five (5) feet from overhead utility lines and buildings. The trunks of palms with large spreading crowns, having a crown diameter of greater than 12 feet, shall be set back at least fifteen (15) feet from overhead utility lines and buildings, as approved by the City.

(C)

All shrubs shall be Florida #1 grade or better. Hedges, where required, shall form a continuous, unbroken, solid visual screen within one (1) year of planting, being maintained thereafter to specification. Shrubs shall be selected from the approved species listed in Table X-3 unless alternative planting material is authorized by the Community Development Director.

(D)

All screening material shall have a minimum height of thirty-four inches (34") with a seven (7) gallon container upon planting, being Florida #1 grade or better. The material shall form a continuous, unbroken, solid visual screen within one (1) year of planting, being maintained thereafter to specification. The screening material shall be a large shrub selected from Table X-3, Approved Species List for Shrubs, unless alternative planting material is authorized by the Community Development Director.

(E)

Ground covers shall achieve one hundred (100) percent coverage within twelve (12) months of installation.

(Ord. No. 2015-04, § 3, 3-16-2015; Ord. No. 2021-18, § 6, 12-20-2021)

154.03   Minimum tree requirements.

(A)

In residential, commercial or industrial areas, the standards in this section shall be met prior to the issuance of a Certificate of Occupancy for new construction and prior to the approval of a final inspection for any property improvement that requires a site plan amendment in excess of 50 percent of the property's value as shown on the records of the property appraiser.

(B)

A minimum number of shade trees shall be required based on development type and area. The minimum number of shade trees shall be as shown below, unless a greater number of trees are required to meet the screening, off-street vehicle use area landscaping or other landscaping requirements in other sections of the code. Within the Community Redevelopment District (CRD) except the Traditional Neighborhood Development-1 and Traditional Neighborhood-2 districts, should site conditions or spatial requirements for shade trees conflict, the minimum number of shade trees may be substituted at a ratio of 3:1 with accent trees, approved native palm trees, or another comparable native landscaping plan approved by the Community Development Director.

* If the site is less than an acre, the minimum tree requirement will be proportionate to the site acreage.

(C)

Unless otherwise specifically stated elsewhere in this Code, any healthy Protected Tree left in good growing condition on the site may be counted toward these minimum numbers.

(D)

On a lot or property which contains an approved retention/detention pond, the requirements of this section shall be lessened by the area of such pond to be measured from the top of the bank.

(E)

Unless City Staff recommends otherwise based on proximity of a proposed tree to overhead power lines or other obstructions, all required trees will be of the shade/canopy type and will in accordance with the standards and specifications of Section 154.02(A).

(F)

The minimum tree planting requirements set forth in this section shall be integrated with the requirements of Section 153.07.

(G)

The requirements of this section shall be further lessened at the direction of the Community Development Director where public easements are incorporated into a private parcel of land.

(Ord. No. 2015-04, § 4, 3-16-2015; Ord. No. 2016-10, § 2, 6-6-2016)

154.04   Parking lot landscaping.

(A)

[Visual relief required.] Parking lot landscaping is required to provide visual relief from building mass and paved areas; eliminate or minimize potential nuisances such as dirt, litter, noise, and glare; reduce adverse impacts of noise, odor, or danger from fires; and to assist in reducing air pollution hazards. The provisions of this Section shall apply to an off-street parking area or other vehicular use area for which site plan approval is required.

(B)

Perimeter Landscaping. On any parcel providing an off-street parking area or other vehicular use area, the following perimeter landscaping is required:

(1)

A minimum five-foot wide landscape buffer strip shall be provided with an average buffer width as follows:

⁽¹⁾ To be measured as the distance between the nearest boundary of the abutting right-of-way and the off-street parking area in the front and measured at right angles to the interior property lines. A reduction in buffer strip width of up to 50 percent may be permitted by the City Commission where there is a landscaped parkway of no less than ten (10) feet between a sidewalk and the curb or edge of pavement or the subject of the site plan application involves the adaptive re-use of an existing building with a legal nonconforming parking area.

⁽²⁾ The required ten-foot wide buffer strip may be reduced to five (5) feet in width when substituted by a six-foot high opaque, decorative fence, wall, or similar structure and planted with one shrub or vine every five (5) linear feet along with one (1) shade tree every twenty-five (25) linear feet or fraction thereof. If a wall is used, it must be constructed with a lintel on grade to protect the tree's root system and be set back a minimum of two (2) feet from the edge of any sidewalk. The remaining areas shall be surfaced with grass or other acceptable ground cover.

(2)

The landscape buffer strip shall contain a screening device of at least two (2) feet in height and no greater than three (3) feet in height along the entire length of the landscape buffer strip that is adjacent to a public right-of-way. For landscape buffer strips that abut a local or collector street, a continuous hedge using small shrubs placed no more than thirty (30) inches on center may be used as a screening device. For landscape buffer strips that abut a minor or major arterial roadway a frontage wall or landscape berm shall be used as a screening device along the entire buffer length exclusive of permitted driveways, pedestrian openings, or any significant natural feature to be retained. Frontage walls shall be a minimum of two (2) feet from any sidewalk. Frontage walls shall be constructed of stone, brick, or stucco with a decorative finish and muted color that blends in with the landscape design.

(3)

If a frontage wall is used, an average of one (1) shrub or vine shall be planted every five (5) feet, but such plants need not be spaced evenly five (5) feet apart. Such shrubs or vines shall be planted along the street side of such barrier unless they are of sufficient height at the time of planting to be readily visible over the top of such barrier.

(4)

A landscape buffer strip that is adjacent to a public right-of-way shall contain one (1) shade tree for every forty (40) feet of frontage except for properties adjacent to a Scenic/Non-Commercial corridor where the standard shall be no less than one (1) shade tree for every thirty-five (35) feet of frontage. Shade trees shall be spaced at least thirty-five (35) feet on center from another shade tree. If the TRC determines that the required number of shade trees cannot be accommodated because of an existing or potential future growth conflict, the applicant may substitute three accent trees or palm trees for every shade tree that is required.

(5)

The minimum number of trees in required landscape buffer strips adjacent to an interior property line shall be one (1) Protected Tree for each fifty (50) linear feet or fraction thereof or one (1) accent tree for each fifteen (15) linear feet or fraction thereof.

(6)

Where a new parking lot abuts land zoned or used for residential or institutional purposes, the screening requirements listed under Section 154.04 shall apply.

(7)

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

(8)

A maximum of twenty-five (25) percent of the width of a required buffer may be used for stormwater retention/detention provided the required composition of the buffer is maintained.

(C)

[New parking lots.] New parking lots containing ten (10) or more spaces shall be designed in such a manner as to divide and break up the expanse of paving at strategic points to guide traffic flow and direction as follows:

(1)

Terminal Islands. Each row of parking spaces shall end in a terminal landscaped island that measures a minimum of eight (8) feet in width from back of curb to back of curb, and spans the length of the adjacent parking space.

(2)

Interior Islands. An interior island measuring at least eight (8) feet in width from back of curb to back of curb and spanning the entire length of the adjacent parking space shall be provided for each ten (10) parking spaces. The required area of interior islands may be added to terminal islands or combined with other interior islands to form larger planting areas.

(3)

Divider Medians. If a surface parking lot contains more than fifty (50) spaces, a continuous landscaped divider median no less than ten (10) feet in width from back of curb to back of curb shall be provided between every other row of abutting rows of parking spaces. The required square footage of divider medians can be combined with other required parking lot landscaped areas in lieu of providing a divider median.

(4)

Required Landscaping. Parking lots shall be landscaped according to the following standards:

(a)

At least fifty (50) percent of the total required on-site parking spaces shall be located within fifty (50) feet from the trunk of a shade tree. Each island or divider median, if applicable, shall contain at least one (1) shade tree or two (2) accent trees.

(b)

All landscape islands shall have one-hundred (100) percent coverage with shrubs planted with a maximum spacing of three (3) feet on center or a ground cover with a maximum spacing of one (1) foot on center, excluding turf, that have a maximum height of three (3) feet for driver visibility except that divider medians may be interrupted by brick or paver block walkways if needed to provide safe pedestrian access.

(c)

All required landscape areas shall be protected by the use of curbing or wheel stops. Curbing or wheel stops shall be located a minimum of two (2) feet from a tree, shrub or vine.

(d)

The TRC may require the installation of turf blocks or other preservation measures where necessary to protect the critical root zone of an existing tree.

(Ord. No. 2015-04, § 4, 3-16-2015; Ord. No. 2019-20, § 5, 1-21-2020)

154.05   Screening.

(A)

All uses shall provide screening between potentially incompatible uses in accordance with the requirements of this Section.

(B)

Screening for the length of the development area along the perimeter property lines shall be provided under the following circumstances:

(1)

Commercial and Community Service uses shall screen against the following zoned or used land:

(a)

Residential.

(b)

Office.

(c)

Institutional.

(2)

Institutional, Multifamily, and Mobile Home Park uses shall screen against the following zoned or used land:

(a)

Residential except multifamily, mobile home and recreational vehicle.

(b)

Office.

(c)

Commercial.

(d)

Industrial.

(3)

Industrial uses shall screen against the following zoned or used land:

(a)

Residential.

(b)

Office.

(c)

Institutional.

(d)

Commercial.

(e)

Community Service.

(C)

Screening shall consist of one or a combination of the following:

(1)

A minimum eight-foot wide buffer strip planted with one (1) Protected Tree every twenty-five (25) feet and a continuous screen maintained at a minimum height of between four (4) and six (6) feet above grade. The required screen shall be spaced at five (5) feet on center. The remaining areas shall be surfaced with grass, ground cover, or with at least two (2) inches of wood chips or bark;

(2)

A minimum three-foot wide buffer erected with a minimum six-foot high, opaque, decorative fence wall or similar structure planted with one shrub or vine every fifteen (15) linear feet along with one (1) tree every fifty (50) linear feet. The remaining areas shall be surfaced with grass, ground cover, or with at least two (2) inches of wood chips or bark;

(3)

A minimum four-foot high berm with a slope not exceeding thirty (30) degrees planted with trees, shrubs and ground cover;

(4)

A minimum 15-foot wide natural area left completely undisturbed. The existing natural vegetation shall be sufficient to provide at least eighty (80%) percent opaqueness between two (2) and six (6) feet above grade;

(5)

A vegetated wetland which straddles property lines may be utilized to satisfy the screening requirement provided it is left completely undisturbed;

(D)

Screening shall not be required which conflicts with fence height limitations or required visibility triangles.

(Ord. No. 2015-04, § 4, 3-16-2015)

154.06   Open spaces and preservation of native vegetation.

(A)

All open spaces and drainage areas shall be stabilized in order to prevent erosion, sand infiltration into the public drainage system, and to permit water to permeate into the ground.

(B)

Large open spaces shall be left in a natural state, including ground cover and understory, where determined feasible by the City. The following upland communities, even when small in terms of area, are significant in terms of wildlife habitat and shall be preserved in an internal state when encroachment by developed areas can be avoided:

(1)

Longleaf Pine/Xeric Oak.

(2)

Sand Pine.

(3)

Pine/Mesic Oak.

(4)

Xeric Oak.

(5)

Oak/Pine/Hickory.

(6)

Temperate Hardwood.

(C)

The following techniques can be required in the preservation of trees and other native vegetation:

(1)

The installation of drain tiles.

(2)

Dry well construction.

(3)

Terracing.

(4)

Retaining walls.

(5)

A reduction in grade change.

(6)

Shallow excavation and fill.

(7)

Tunneling as opposed to trenching.

(8)

The removal of exotic and nuisance species of vegetation.

(D)

Natural areas shall be protected during construction by silt barriers, solid or ribboned barricades (2" x 2" stakes 3 feet high placed 4 feet apart), or other appropriate measures; and shall remain in a natural state upon completion of construction.

(Ord. No. 2015-04, § 4, 3-16-2015)

154.07   Water conservation techniques.

(A)

The purpose of this Section is to address water conservation. A water conservation landscape will help implement the following objectives:

(1)

Promote water-efficient landscaping; and

(2)

Proactively reduce water usage; and

(3)

Increase irrigation efficiency; and

(4)

Educate the public in the need for and benefits of a water-efficient landscape; and

(5)

Preserve existing plant communities.

(B)

Definitions for Section 154.07.

(1)

Automatic controller: A mechanical or electronic timer, capable of operating valve stations to set the days and length of time of a water application.

(2)

Emitter: The drip irrigation fittings that deliver water slowly from the system to the soil.

(3)

Ground cover: Plants, other than turfgrass, normally reaching an average maximum height of not more than twenty-four (24) inches in maturity.

(4)

Infiltration rate: The rate of water entry into the soil expressed as a depth of water per unit of time (inches per hour).

(5)

Irrigation system: A permanent, artificial watering system designed to transport and distribute water to plants.

(6)

Mulch: Nonliving organic and synthetic materials customarily used in landscape design to retard erosion and retain moisture.

(7)

Pervious paving materials: A porous asphaltic or concrete surface and a high-void aggregate base which allows for rapid infiltration and temporary storage of rain on, or runoff delivered to, paved surfaces.

(8)

Rain sensor equipment: A low voltage electrical component placed in the circuitry of an automatic lawn irrigation system which is designed to turn off a sprinkler controller when it rains enough to meet the needs of the landscape.

(9)

Site specific plant: A selection of plant material that is particularly well suited to withstand the physical growing conditions that are normal for that location.

(10)

Soil texture: The classification of soil based on the percentage of sand, silt, and clay in the soil.

(11)

Turf: Continuous plant coverage consisting of grass species suited to growth in Pinellas County.

(12)

Vegetation, native: Any plant species with a geographic distribution indigenous to all, or part, of the State of Florida.

(C)

The following activities shall be exempt from the terms of this Section:

(1)

Sites that compute an area less than a 1,000 square foot area for water conserving planting;

(2)

One-family and two-family dwellings.

(D)

The following water conservation techniques shall be utilized in the implementation of the landscape requirements of Sections 154.00 through 154.07 in order to conserve water:

(1)

A soil analysis shall be used to provide information that will enable proper plant selection. This analysis shall indicate soil texture, approximate soil infiltration rate, percentage of organic matter, measurement of pH, and total soluble salts. The local County Extension Service should be consulted;

(2)

Areas of native vegetation shall be preserved;

(3)

Plants with similar water and cultural (soil, climate, sun, and light) characteristics shall be grouped together and irrigated separately based upon their water requirements. Site specific plants shall be utilized as landscape species;

(4)

The landscape plan shall indicate the various water usage zones based upon the following water requirements:

(a)

HIGH - plants associated with moist soils and require supplemental water in addition to natural rainfall to survive;

(b)

MODERATE - plants which survive on natural rainfall with supplemental water during seasonal dry periods;

(c)

LOW - plants which survive on natural rainfall.

(5)

The irrigation system shall be designed to correlate to the organization of plants into the various water requirement zones;

(6)

Moisture/rain sensor and/or rain shut-off switch equipment shall be required on all automatic irrigation systems;

(7)

The use of low volume, emitter, or target irrigation is recommended for trees, shrubs and groundcovers;

(8)

Turf areas shall be irrigated on separate irrigation zones from tree, shrub, and groundcover beds;

(9)

The use of freeze and drought tolerant plant species shall be utilized most frequently;

(10)

Turf areas shall be consolidated and limited to those areas on the site that receive pedestrian traffic, provide for recreational use, provide soil erosion control, and where used as a design unifier;

(11)

Mulches shall be used to retain moisture, reduce weed growth, and prevent erosion. Mulch can also be used where conditions are not adequate or conducive for growing quality turf or groundcovers;

(12)

Landscaping shall be watered and fertilized only as needed, and excessive watering shall be avoided;

(13)

Irrigation shall occur in accordance with all applicable water restrictions, including but not limited to restrictions imposed by Pinellas County or the Southwest Florida Water Management District;

(14)

Shrubs shall be pruned to the intended height;

(15)

An irrigation system with an automatic controller shall be required except that low water use zones may be permitted to provide a readily available water supply within fifty (50) feet;

(16)

The use of pervious paving materials shall be considered where appropriate;

(17)

Berm designs shall incorporate the use of a concave top where landscaping is used;

(18)

A regular maintenance schedule shall be provided which includes checking, adjusting, and repairing irrigation equipment; resetting the automatic controller; aerating and dethatching turf areas; replenishing mulch; fertilizing; pruning and weeding in all landscape areas.

(E)

Prior to the issuance of a Certificate of Occupancy the landscape architect or other professional responsible for the landscaping plan shall conduct a field observation and provide the Building Official with a certificate of substantial completion/compliance.

(Ord. No. 2014-04, §§ 4, 5, 3-16-2015)

154.08   Maintenance and enforcement.

(A)

The property owner shall be solely responsible for the continued maintenance of all landscape areas in accordance with the approved plan so as to present a healthy, neat, and orderly appearance, and all landscaped areas are to be kept free from refuse and debris. For required landscape areas which die from lack of maintenance, disease or other natural occurrence, the City shall require re-landscaping. This shall be applicable to all required landscaping, whether installed under the terms of this Code or a previous ordinance. Failure to take such corrective action shall constitute a violation of this Code and may be enforced by any legal means available.

(B)

No Final Certificate of Occupancy shall be issued until all required landscaping is installed in accordance with the approved plan.

(Ord. No. 2014-04, § 4, 3-16-2015)

155.01   Fire hydrants.

(A)

The Fire Chief, or their designee, shall determine the precise location of all fire hydrants.

(B)

The installation of fire hydrants shall comply with the following standards:

(1)

All hydrant threads shall be national standard threads (NST) and meet National Fire Protection Association (NFPA) standards.

(2)

All hydrants shall have right-hand turn stems with two 2½-inch hose connections and one 4½-inch hose connection. The 2½-inch connections shall be located a minimum of 18 inches above grade.

(3)

The 4½-inch connection shall face the street that the hydrant is located on and shall be located a minimum of 18 inches above grade.

(4)

Fire hydrants shall be located a minimum of six (6) feet behind the curb where feasible and shall have no obstructions within five (5) feet.

(5)

Parking shall not be permitted within fifteen (15) feet of a hydrant, sprinkler, or standpipe connection. "Fire Lane" signs shall be provided in such instances and posted no less than seven (7) feet above grade to the bottom of the sign.

(6)

No hydrant shall be located below street grade.

(7)

The minimum line size for hydrant placing shall be a six (6) inch looped line. Dead end lines shall be a minimum of eight (8) inches in size and shall not exceed 600 feet in length. Dead end lines shall be avoided unless impractical.

(8)

For one- and two-family residences hydrants shall be installed every 500 feet beginning at the subdivision entrance, as determined by the Fire Chief or their designee.

(9)

Hydrants in all other situations shall be installed every 300 feet beginning at the project entrance, as determined by the Fire Chief or their designee.

(10)

All hydrants shall produce a minimum flow acceptable to the Public Works Director, and shall be pressure tested in a manner determined by the Fire Chief or Public Works Director prior to the issuance of a Certificate of Occupancy.

(11)

All hydrants located on public streets shall be dedicated. In all other situations the hydrants shall be privately maintained.

(12)

All submissions for construction drawing, site plan, or subdivision plat approval shall include a hydrant assembly detail.

(13)

In accordance with NFPA-1 Chapter 18 (18.5.3) for Fire Hydrant Clearance, a 36-inch clear space shall be maintained around the circumference of the fire hydrant except as otherwise required or approved by the Fire Chief or their designee.

(Ord. No. 2018-15, § 1, 8-20-2018)

156.01   Potable water.

(A)

The issuance of all development orders where the site has access to an adequately sized potable water distribution line shall require connection to the public water supply.

(B)

Individual water supply systems shall only be allowed where approved by the Pinellas County Health Department.

(C)

Dead end distribution lines shall not be allowed where an alternative is feasible. Water line looping shall be required for water quality and quantity.

(D)

Flushing connections shall be installed in accordance with the requirements of the Public Works Director.

(E)

Privately maintained potable water facilities shall be master metered.

(F)

Unmetered connections shall not be allowed.

156.02   Sanitary sewer.

(A)

All existing structures and uses within one hundred fifty (150) feet public gravity sewer line shall connect to the public sanitary sewer system within one hundred eighty (180) days after notification by the Public Works Director that service is available. Existing individual septic systems shall be abandoned in accordance with the requirements of the Pinellas County Health Department, and any other applicable regulations.

(B)

The issuance of all development orders where the site is within one hundred fifty (150) feet of a public sewer line shall require connection to the public sanitary sewer system. The distance shall be measured by following the most direct route along an easement or public right-of-way from the closest point of the property to the point of connection to the public sewer line.

(C)

The minimum line size shall be eight (8) inches. The sanitary sewer pipeline shall be designed so that the minimum velocity under full or partial flow conditions will not be less than two (2) feet per second, and the maximum velocity will not be greater than ten (10) feet per second.

(D)

A manhole shall be provided at the end of any sewer line, and a manhole shall be provided at all changes in direction of a sewer line. In no case shall the spacing between manholes exceed four hundred (400) feet, and all manholes subject to periodic inundation shall be waterproofed to minimize the infiltration of stormwater.

(E)

If the sanitary sewer connection cannot be made by gravity flow the Public Works Director may require connection to a force main or require that the sewage shall be lifted by an approved means under the following circumstances:

(1)

The use does not comply with the requirements of the Pinellas County Health Department for an individual septic system;

(2)

The use is an isolated occurrence and has no other means of connecting to the public sewer;

(3)

The area is not in the City's Capital Improvement Program for eventual connection to the public sanitary sewer system; or

(4)

The public sanitary sewer system has adequate hydraulic capacity to accept the quantity of sewage to be generated by the proposed development.

(F)

The Technical Review Committee (TRC) shall evaluate the feasibility of providing sanitary sewer for requests for site plan or subdivision plat approval where the site is greater than 150 feet but less than one-quarter (¼) mile from the public sanitary sewer system with accessibility via public right-of-way. In determining feasibility the TRC shall consider the following factors:

(1)

The calculated sewage flow of the proposed development;

(2)

The improvements necessary to connect to the public sanitary sewer system in relation to the size and scope of the proposed development;

(3)

Soil conditions and water table elevation;

(4)

The potential for ground or surface water degradation;

(5)

The potential use of the site in relation to the storage, use, or disposal of toxic, hazardous, or industrial wastes.

(G)

Flow calculations shall be provided by a Florida Registered Engineer demonstrating that the capacity of the sanitary sewer collection lines will not be exceeded by the proposed development.

(H)

The minimum slope for a sanitary sewer gravity collection line shall be .004 per foot.

156.03   Individual septic systems.

(A)

The use of individual septic systems shall comply with the requirements of Chapter 381.272, Section 381.00655, Florida Statutes, the Pinellas County Health Department, and all provisions of this Code.

(B)

No site plan or subdivision plat approval shall be granted for any development located within ¼ mile of the public sanitary sewer system which utilizes the individual septic system in any area zoned or used for industrial or manufacturing purposes, or where toxic, hazardous, or industrial wastes as defined by this Code are generated or used.

(C)

All applications for development orders not governed by Subsection (B) above must obtain written authorization from the Pinellas County Health Department for use in an individual septic system and such notification must be provided prior to the issuance of any development order approval. The City reserves the right for final denial of the use of septic systems.

(D)

In permitting the use of any individual septic system, all necessary utility easements shall be provided to assure the eventual construction and extension of the public sanitary sewer system.

(E)

Malfunctioning or damaged individual septic systems shall connect to the public sanitary sewer system in accordance with the requirements of Section 156.02 of this Code.

159.01   Definitions for Sections 159.00 through 159.04.

(A)

Containerized unit: A detachable metal container to be mechanically dumped into a packer-type garbage truck and ranging in size from 2 cubic yards to 8 cubic yards, also known as a dumpster.

(B)

Noncontainerized unit: A can, not exceeding 30 gallons, constructed of light gauge steel, galvanized metal, or plastic, with a tight-fitting lid, or a waterproof bag of similar size.

159.02   Standards for central storage facilities.

(A)

Central storage facilities for solid waste collection shall be provided by a containerized unit for commercial, industrial, and multifamily development in excess of six (6) units.

(B)

All central storage facilities shall be located on the site the facilities are intended to serve.

(C)

All central storage facilities and their enclosures shall be set back a minimum of five (5) feet from any property line.

(D)

No central storage facility shall be located within any right-of-way, easement, or required visibility triangle.

(E)

Central storage facilities shall be located so that they do not cause excessive nuisance or offense to adjoining properties and are not unsightly.

(F)

Central storage facilities shall be located to allow ease of access and pickup by the collection vehicle.

(G)

No parking, stacking lanes, or other obstructions shall be permitted to inhibit the access area for disposal pickup.

(H)

A vertical clearance of fourteen (14) feet shall be provided.

(I)

All food service establishments shall comply with Chapter 100-13, Florida Administrative Code.

(J)

It shall be the responsibility of the property owner to repair and maintain central storage facilities in accordance with the requirements of Sections 159.00 through 159.04.

(K)

In the case of multiple tenants or users, central storage facilities shall be conveniently located, and shall be of sufficient number and capacity based upon the number of users and the frequency of collection. Additional containers requested after the initial construction shall be provided in accordance with the requirements Sections 159.02 through 159.04.

(L)

No connection between a central storage facility and the sanitary sewer system shall be permitted.

159.03   Construction.

(A)

All central storage facilities shall be located on a concrete pad with a minimum thickness of six (6) inches reinforced by 6-inch by 6-inch by 10 gauge wire mesh placed in the center of the form.

(B)

The minimum dimension of the concrete pad shall be ten (10) feet deep by ten (10) feet wide.

(C)

The concrete pad shall be equipped with pin stops for securing the enclosure doors.

(D)

All central storage facilities shall be completely screened from view by an opaque enclosure of wood, concrete block, brick, stucco masonry or other suitable material. Gates with a minimum opening of ten (10) feet shall be required for access. The use of chain link fencing with slats for screening shall only be allowed in industrial districts.

(E)

Bollards or bumper posts shall be installed at the rear of the container to prevent the container from hitting the enclosure.

(F)

All screening enclosures shall be six (6) feet high.

(G)

The design of the enclosure shall be compatible with the architectural design of the development.

159.04   Waivers.

(A)

The Public Works Director may allow the use of noncontainerized unit for the storage of solid waste under the following conditions:

(1)

Lack of space for the placement of a containerized unit where a redevelopment project is involved;

(2)

Lack of accessibility to the containerized unit where a redevelopment project is involved; or

(3)

The project generates amounts of loose garbage capable of being serviced by noncontainerized units.

(B)

Noncontainerized central storage facilities shall be shown on the site plan in an accessible location, on a concrete pad with a screened enclosure of 3½ feet in height, and shall be sized to accommodate a minimum of four (4) cans.

161.01   Stormwater facilities required.

(A)

All proposed development projects shall be required to submit site and drainage plans to the Southwest Florida Water Management District (SWFWMD) for application, approval, or exemption as specified in applicable Florida Statutes. Building permits shall not be issued for any development for which Florida Statutes require a SWFWMD permit unless and until such permit or exemption has been issued.

(B)

Facilities that are approved by SWFWMD as to design, construction, and continuing operation will suffice as meeting City standards for stormwater management. Development projects that properly obtain a SWFWMD exemption must show the proposed drainage scheme for the property with the building plans submitted for building permit for review and approval by the City Engineer. When one of the three commonly used grading plans styled "Type A", "Type B", or "Type C" as depicted in the Federal Housing Administration Land Planning Bulletin Number 3 or other acceptable drainage scheme approved by the City Engineer are used, the drainage plan must identify the off-site drainage path of the stormwater discharge.

161.02   Ownership and maintenance.

(A)

All stormwater pipes, channels, swales, catch-basins or other means of conveying stormwater which are located within a public street right-of-way and collect water from the street are the property of the City, including the means by which the stormwater is conveyed from the street via a drainage easement to the inlet of a SWFWMD required treatment facility.

(B)

Privately-owned ponds, vaults, inlet structures, outlet structures, discharge pipes, channels or any feature associated with the stormwater treatment or attenuation required and permitted by SWFWMD, whether or not such facilities are located within an easement, are not the responsibility of the City and shall be maintained by the holder of the SWFWMD Permit in whose name the permit was issued or to whom it may legally be subsequently conveyed.

(C)

All subdivisions and developments for which a plat is to be recorded and which involves the construction and operation of SWFWMD-required stormwater facilities, must include, prominently in the plat notes, the exact language appearing in Subsections 161.02(A) and (B).

(D)

The owner or authorized agent must provide the Engineering Department with a copy of the Statement of Completion and Request for Transfer to Operation Entity for the surface water management system signed by an authorized SWFWMD representative prior to the performance security being released by the City per Section 184.05.

165.01   Definitions for Sections 165.00 through 165.02.

(A)

Common improvements (private): All streets, driveways, drainage, signage, utilities, parking or storage areas, structures and other private improvements designed and provided for the common use, benefit and enjoyment of all residents, owners or occupants of a specific private development or neighborhood.

(B)

Common open space (private): All open areas, including landscaping and buffering, designed and provided for the common use, benefit and enjoyment of all residents, owners, or occupants of a specific private development or neighborhood, or as required by this Code.

(C)

Common ownership: Ownership of common private open space or common private improvements which grants common rights of use of specific lands or improvements to the residents, owners, or occupants of a development or neighborhood.

165.02   Requirements.

(A)

All documents required to ensure the continued maintenance of common improvements and open space shall contain the following minimum information:

(1)

Establishment of a nonprofit organization or other legal entity under the laws of the State of Florida for the ownership, care, and maintenance of all common open space and improvements.

(2)

A description of all common open space and improvements to be maintained.

(3)

A method of assessment and payment of dues.

(4)

All covenants shall be in full force and effect for a period of not less than 25 years, and shall be automatically extended for successive periods of 25 years.

(5)

The organization shall not dissolve or dispose of any common open space or improvements except to an organization concerned and designed for the continued maintenance in accordance with the requirements of the original development approval.

(6)

The required documents shall be recorded and become part of the final subdivision plat or final development approval.

(7)

The required documents shall grant the right of entry upon such private property to City and County personnel, including, but not limited to, law enforcement officers, emergency services providers, meter readers and inspection officers.

(8)

Any other information determined necessary by the City.

166.01   Definitions for Sections 166.00 through 166.03.

(A)

Coastal submerged lands: Land encompassed, submerged either seasonally or year round and affected by the waters of the state where either tidal influences exist or where saline water occurs, the landward limit of which is delineated by the dominant vegetative communities subject to the jurisdiction of the FDEP.

(B)

Development rights: Equal to each dwelling unit or total gross square footage of commercial/industrial floor area capable of being developed or transferred in accordance with the requirements of this Code and the Comprehensive Plan.

(C)

Preservation area: Land which due to the unique characteristics of its habitat or size, shape or location are not developable without significant adverse environmental alteration and impacts detrimental to the public interest. These areas will be preserved in their natural state through the use of the transfer of development rights.

(D)

Upland habitat: Well drained areas elevated above land classified as wetlands which are significant in terms of rarity, water recharge, or native plant and animal wildlife habitat value.

(E)

Wetland habitat: Areas characterized by flooding, standing water, and a high water table which are subject to the jurisdiction of the FDEP, USACOE, and SWFWMD.

(Ord. No. 2015-05, § 13, 3-16-2015; Ord. No. 2019-10, § 4, 10-21-2019)

166.02   Development rights.

(A)

The environmental and jurisdictional nature of coastal submerged lands is such that they have no development potential in and of themselves. Therefore, there shall be no transfer of any development rights from coastal submerged lands.

(B)

There shall be no transfer of any development rights to lands within the Coastal High Hazard Area (CHHA) as defined in the City of Safety Harbor Comprehensive Plan.

(C)

The unified development of a parcel or parcels of land which contain areas proposed for designation as preservation along with other property may develop at the intensity of the applicable land use designation(s) allowed for the entire site by the Comprehensive Plan for upland areas by concentrating the development rights on those non-environmentally sensitive portions of the site, and in accordance with (D) below for wetland areas or the 25-year floodplain.

(D)

In the event that parcels of land are designated by the Comprehensive Plan for preservation, development rights may be transferred in accordance with the following requirements:

(1)

Development rights may be transferred at the rate of one (1) unit per acre for residential land use designations and a floor area ratio of .05 for commercial/industrial land use designations.

(Ord. No. 2018-14, § 2, 10-1-2018)

166.03   Requirements for off-site transfer.

(A)

The off-site transfer of development rights may be authorized by the City Commission only at the time of site plan, subdivision, or planned development approval.

(B)

The property sending the transferred development right and the property receiving the transferred development right shall be clearly defined by legal description.

(C)

The development right to be transferred shall be clearly established and may only be transferred for a particular property once, even if the entire right allowable is not requested.

(D)

The sale and transfer of development rights shall be recorded in the same manner as the sale and transfer of real property.

(E)

Authorized transfers shall be clearly defined by a recorded instrument in a form approved by the City Attorney.

(F)

A conservation easement limiting the use of the transferring property to open space shall be recorded.