HomeMy WebLinkAboutAgenda CAB 030409Agenda
City of Palm Beach Gardens
Community Aesthetics Board
Wednesday, March 4, 2009, 5:30 PM
City Council Chambers
I. PLEDGE OF ALLEGIANCE
II. ROLL CALL:
Regular Members Alternates
Donna Wisneski – Chair Rosie Carr - First Alternate
Terence Brady – Vice Chair Vacant - Second Alternate
David Anderson
Frances Heaslip
Mark Lenow
Council Liaison Staff Liaison
Jody Barnett Angela Wong
Cynthia Unger, Alternate
III. ADDITIONS, DELETIONS, MODIFICATIONS
IV. APPROVAL OF MINUTES:
• November 5, 2008
• December 3, 2008
V. ITEMS BY COUNCIL LIAISON
VI. ITEMS BY STAFF LIAISON
VII. OLD BUSINESS
A. City Beautification Award Selection - Category: Institution
B. Developing Board Objectives - Public Roadway Beautification Projects
VIII. NEW BUSINESS
IX. COMMENTS BY THE PUBLIC
X. ADJOURNMENT
COMMUNITY AESTHETICS BOARD Page 1
11 · 05 · 08
CITY OF PALM BEACH GARDENS 1
COMMUNITY AESTHETICS BOARD 2
REGULAR MEETING 3
NOVEMBER 5, 2008 4
5
The November 5, 2008 regular meeting of the Co mmunity Aesthetics Board of the City of 6
Palm Beach Gardens, Florida, was called to order at 5:30 p.m. in the Council Chambers of 7
the Municipal Complex located at 10500 Nort h Military Trail, Palm Beach Gardens, 8
Florida by Chair Donna Wisneski. 9
10
I. PLEDGE OF ALLEGIANCE 11
12
II. ROLL CALL 13
The Public Information C oordinator called the roll. 14
Members Present: Donna Wisneski, Chair 15
Terence Brady, Vice Chair 16
David Anderson 17
Frances Heaslip 18
Jim Griffin 19
Mark Lenow 20
Lynn Silber 21
Rosie Carr, 1st Alternate (left at 7:05 p.m.) 22
23
Members Absent: None 24
Also Present: Jody Barnett, Council Member, Council Liaison 25
(arrived 5:36 p.m.) 26
Angela Wong, Opera tions Manager, Staff Liaison 27
28
III. ADDITIONS, DELETIONS, MODIFICATIONS 29
None. 30
31
IV. MINUTES FOR APPROVAL 32
MOTION 33
Frances Heaslip made a motion for appr oval of the August 6, 2008 minutes. Terence 34
Brady seconded. Motion passed, 7-0. 35
36
V. ITEMS BY COUNCIL LIAISON 37
Postponed until later in the meeting. 38
39
VI. ITEMS BY STAFF LIASION 40
Staff Liaison Wong confirmed that all Bo ard members are receiving their agenda 41
packets by e-mail. 42
Chair Wisneski welcomed Rosie Carr, 1st Alternate to the Community 43
Aesthetics board (CAB). 44
Rosie Carr provided her qualif ications and interests. 45
46
47
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COMMUNITY AESTHETICS BOARD Page 2
11 · 05 · 08
ITEMS BY COUNCIL LIAISON (postponed from earlier in the meeting) 1
Councilmember Jody Barnett presented the pr oposal to be discussed by the City 2
Council to adjust all of the boards fr om seven members to five and the 3
elimination of the Economic Developm ent Advisory Board (EDAB) and the 4
CAB. 5
Discussion ensued regarding the relevance of the CAB. 6
The members agreed they wanted to keep the CAB active. 7
Chair Wisneski will call City Manage r Ron Ferris to discuss the proposed 8
Ordinance. 9
CAB members will attend the November 6, 2008 City Council meeting to voice 10
their support of the Board remaining active. 11
12
VII. OLD BUSINESS 13
A. Developing Board Objectives 14
Discussion ensued regarding interest in pursuing an environmental and/or 15
beautification award. 16
B. City Codes 17
Discussion ensued regarding roadway c onstruction projects coming before the 18
CAB before they are started rather than after so beautification issues can be 19
discussed and suggestions offered to the City Council for consideration. 20
Staff Liaison Wong stated she does have knowledge of road construction work 21
and, although there are no projects in th e budget at this time, she will bring 22
information to the CAB for future projects. 23
Discussion ensued regarding the unsi ghtly mailboxes along Military Trail. 24
MOTION 25
Jim Griffin made a motion to drop discus sing the mailbox issue from further Board 26
discussion. Frances Heaslip seconded. Motion passed, 7-0. 27
Councilmember Barnett discussed the po ssibility of the mailboxes being on 28
public easement and not private prope rty and suggested a project around the 29
mailboxes that would inspire owners to keep them in good repair. 30
Discussion ensued on how a project would be organize d and executed with Staff 31
Liaison Wong explaining the City does not have the staff or resources to 32
undertake such a project. 33
There was clarification that the suggesti on was not for the mailboxes, but for the 34
landscaping. The issue will be discussed further at future meetings. 35
Discussion ensued about the possibi lity of obtaining grant money for a 36
landscaping project along M ilitary Trail between Nort hlake Boulevard and PGA 37
Boulevard. 38
Discussion ensued regarding newspaper racks with a suggestion to call Code 39
Enforcement Operations Director David Reyes to report them. 40
Mark Lenow stated the only ecologically-fri endly mulch being made at this time 41
is cypress. Discussion ensued on how mulch is made. 42
Discussion ensued regarding review and providing recommendations on public 43
environmental projects (green initiatives) coming before the CAB. 44
Staff Liaison Angela Wong e xplained development review is the purview of the 45
Planning, Zoning and Appeals Board (PZAB). 46
COMMUNITY AESTHETICS BOARD Page 3
11 · 05 · 08
Clarification was made for the CAB to review projects of $500,000.00 or more 1
for comments and recommendations, not for approval. 2
Staff Liaison Wong agreed to discuss the issue with Growth Management. 3
Discussion ensued regarding the CAB serving as the official Tree board and 4
inviting the City Forester to discuss Arbor Day. 5
Discussion ensued regarding the CAB re porting to the City Council regarding 6
special projects. 7
Chair Wisneski suggested that at the next meeting the ideas should be used along 8
with the additional information to start plotting out what the CAB is interested 9
in. 10
Staff Liaison Wong stated she will e-mail the answers from this evening’s 11
questions for discussion at the next meeting. 12
Chair Wisneski stated that the answer s can be implemented into the CAB’s 13
future plans. 14
Mark Lenow volunteered to look at the a pplications and they can be reviewed 15
monthly at which time the CAB can decide on future projects. 16
Mark Lenow stated he can e-mail hi s findings to Sta ff Liaison Wong. 17
Staff Liaison Wong stated she will talk to Growth Management about bringing 18
plans to the CAB for review and feedback. 19
Chair Wisneski stated that a dollar valu e has been set for determination of the 20
project values that go through the planning and review process. For city projects 21
that relate to beautification and landscap ing, Jim Griffin can advise the Board for 22
what would be involved to allo w the Board’s participation. 23
Jim Griffin advised that all the CA B needs are the landscaping drawings. 24
Structural, piping, electrical and conc rete drawings are not necessary. 25
Staff Liaison Wong reiterated Councilmembe r Barnett’s information that some 26
projects are done in-house by the grounds superintendent who creates her own 27
landscape design and no plans are deve loped. The grounds s uperintendent will 28
then work with the contractor. The grounds superintendent can be invited to a 29
meeting to explain projects she is wo rking on that involve landscaping or 30
aesthetics or the capital improvements director can be i nvited to explain 31
landscaping plans from his perspective. 32
Chair Wisneski stated that review by the CAB can’t slow the process down and 33
asked for further discussion or suggestions. 34
35
VIII. NEW BUSINESS 36
None. 37
38
IX. COMMENTS BY THE PUBLIC 39
None. 40
41
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COMMUNITY AESTHETICS BOARD Page 4
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X. ADJOURNMENT 1
There being no further business to come before the Board, Frances Heaslip made a motion 2
for adjournment. Mark Lenow seconded. Mo tion was approved unanimously, 7-0. The 3
meeting adjourned at 7:05 p.m. The next regu lar meeting will be held December 3, 2008. 4
5
APPROVED 6
7
8
Donna Wisneski, Chair 9
10
11
12
Terence Brady, Vice Chair 13
14
15
16
David Anderson 17
18
19
20
Frances Heaslip 21
22
23
24
Jim Griffin 25
26
27
28
Mark Lenow 29
30
31
32
Lynn Silber 33
34
35
36
Rosie Carr (1st Alternate) 37
38
39
40
(Vacancy) (2nd Alternate) 41
ATTEST 42
43
44
45 Donna M. Cannon 46
Municipal Services Coordinator 47
48
Note : These action minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of the 49
meeting. A verbatim audio record is available from the Office of the City Clerk. 50
All referenced attachments on file in the Office of the City Clerk. 51
COMMUNITY AESTHETICS BOARD Page 1
12 · 03 · 08
CITY OF PALM BEACH GARDENS 1
COMMUNITY AESTHETICS BOARD 2
REGULAR MEETING 3
DECEMBER 3, 2008 4
5
The December 3, 2008 Regular Meeting of the Co mmunity Aesthetics Board of the City 6
of Palm Beach Gardens, Florida, was called to order at 5:30 p.m. in the Council Chambers 7
of the Municipal Complex located at 10500 Nort h Military Trail, Pa lm Beach Gardens, 8
Florida by Chair Donna Wisneski. 9
10
I. PLEDGE OF ALLEGIANCE 11
12
II. ROLL CALL 13
The City Clerk called the roll. 14
Members Present: Donna Wisneski, Chair 15
Terence Brady, Vice Chair 16
David Anderson 17
Frances Heaslip 18
Jim Griffin 19
Mark Lenow 20
Rosie Carr, 1st Alternate (arrived at 5:35 p.m.) 21
22
Members Absent: Lynn Silber 23
24
Also Present: Jody Barnett, Council Member, Council Liaison 25
(left at 6:10 p.m.) 26
Angela Wong, Community Servic es Operations Manager, 27
Staff Liaison 28
Cynthia Unger, Grounds Supe rintendent, Alternate Staff 29
Liaison 30
Mark Hendricksoin, City Forester 31
Justin Lucas, Parks Superintendent 32
33
Chair Wisneski announced the Palm Beach Gardens Tree Lighting Ceremony 34
beginning at 6:00 p.m. 35
36
ADDITIONS, DELETIONS, MODIFICATIONS 37
None. 38
39
III. MINUTES FOR APPROVAL 40
MOTION 41
Frances Heaslip made a motion for appr oval of the October 3, 2008 minutes. Mark 42
Lenow seconded. Motion passed, 7-0. 43
44
45
COMMUNITY AESTHETICS BOARD Page 2
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IV. ITEMS BY COUNCIL LIAISON 1
Councilmember Jody Barnett announced that the District Park will be discussed 2
at the December 4, 2008 City Council mee ting including park planning, zoning and 3
the possibility of a school buying and locating to a 10-acre secti on of the property. 4
Councilmember Barnett announced that Pa lm Beach County approved the first 5
commercial development on Western Nort hlake Boulevard by Coconut Boulevard. 6
This is the start of what could happen out West. It is across the road from Vavrus. 7
Chair Wisneski asked Councilmember Barnett about the status of the Ordinance 8
that could dissolve the CAB. Councilmember Barnett explained that the CAB 9
members made it clear that they want to continue and explai ned their mission. Prior 10
to the Ordinance being discussed by the City Council, staff listened to the CAB 11
members and dissolution of the CAB is longer being considered. The Ordinance 12
does have a codicil that redu ces board membership from seven (7) members to five 13
(5) members through attrition. 14
Chair Wisneski suggested that the leas t invasive method for modifying board 15
membership is through attrition. 16
Councilmember Barnett stated that the Ordi nance is for discussion only; not for a 17
vote and she will present the view of the CAB. 18
19
V. ITEMS BY STAFF LIASION 20
Staff Liaison Angela Wong announced that Cynthia Unger, Grounds 21
Superintendent, will serve as Alternate Staff Liaison. 22
Chair Wisneski reviewed Staff Liaison Wong’s response to questions from the 23
November 5, 2008 meeting and asked if Board members wanted to pursue 24
discussion of any of the four (4) items. 25
Mark Lenow asked about the Planning, Zoning and Appeals Board’s (PZAB) 26
responsibilities. Chair Wisneski stated that it is the purvi ew of the PZAB to review 27
landscape plans related to commercial development 28
Chair Wisneski stated that the CAB memb ers can get copies of plans from City 29
Hall or the Growth Management Department for review and then speak as a City 30
resident at the PZAB meeting. Staff Li aison Wong explained that CAB members can 31
speak at meetings as City residents, but not in an official capacity representing the 32
CAB. 33
Councilmember Barnett stated it is with in the purview of the CAB to see 34
standards set for all major projects going forward such as density or height of 35
landscaping, and it is within the purview of the CAB to propose such an Ordinance. 36
Chair Wisneski stated she does not want to pursue this item unless there will be 37
follow-through to completion. 38
Councilmember Barnett stated that an Or dinance would not be necessary if a 39
specific detail can be addressed. 40
Chair Wisneski noted that the issue i nvolved is the timing because the project 41
has already been approved before the CAB sees it. 42
Councilmember Barnett acknowledged Chai r Wisneski’s comment and stated 43
that the CAB’s suggestions would be for projects going forward. 44
Councilmember Barnett suggested that CAB members listen by telephone to the 45
December 4, 2008 City Council meeting wh en the possibility of a week-long 46
charrette regarding the possibility of a Tr i-Rail station on Parcel 5A or 5B will be 47
COMMUNITY AESTHETICS BOARD Page 3
12 · 03 · 08
discussed. This would change the landscape of the center of the City. If the City has 1
the charrette, Councilmember Barnett encour ages everyone to pa rticipate because it 2
is forward thinking, not looking backward. 3
Discussion ensued about the status of land parcels in the City. 4
Chair Wisneski requested member feedback on the two suggested approaches to 5
landscape reviews: 1) related to residential and development projec ts and/or 2) going 6
out and seeing the conclusion of certain presentations of la ndscaping and bringing 7
them back for discussion to decide if th e requirements were met and if a method of 8
improvement could be suggested through the proper channels. 9
Vice Chair Brady agreed with Chair Wisn eski and stated he thinks members 10
should look at well-done pr ojects, take some pictures and draw up an Ordinance 11
setting a standard through the City. 12
Mark Lenow asked to review the exis ting Ordinance at the next meeting. 13
Councilmember Barnett suggested that if members see something they think is 14
inappropriate and want to determine how it can be fixed, a point system can be used, 15
which would be easier than looking through the code. 16
Discussion ensued regarding addre ssing deficiencies members see. 17
Chair Wisneski stated that the majority of Board members are interested in 18
reviewing some locations. 19
MOTION 20
Jim Griffin made a motion to reorder the Ag enda to move New Business before Old 21
Business. Mark Lenow seconded. Motion passed unanimously, 7-0. 22
23
VI. NEW BUSINESS 24
A. Tree Day at the Green Market 25
Parks Superintendent Justin Lucas sugge sted continuing the seedling give-away. 26
Chair Wisneski stated she felt that last year’s Tree Day celebration was 27
disappointing and requested that this year’s seedlings be in better condition, to 28
which Parks Superintendent Justin Lucas agreed. 29
The Plant-A-Tree raffle dedication in a C ity park and personalized plaque has 30
been successful because many people did not have a place to plant the tree at their 31
home. Terence Brady agreed. 32
Chair Wisneski requested a compromise to the city keeping the tree for seven (7) 33
days and if it is not pi cked up it will be planted. 34
A suggestion was made to have a map w ith site locations and the raffle winner 35
could pick the location for their tree. 36
Literature about trees will be distributed. 37
Consensus was to hold Tree Day on January 18, 2009. 38
Discussion on the type of tr ee, cost and number to be distributed was discussed. 39
40
VII. OLD BUSINESS 41
A. Developing Board Objectives 42
Board Objective: Issuance of City B eautification and/or Environmental Awards. 43
A brief history of the Palm Beach Ga rdens Beautification and Environmental 44
award was presented. 45
Chair Wisneski would like to see the awards go to indivi duals instead of 46
communities. 47
COMMUNITY AESTHETICS BOARD Page 4
12 · 03 · 08
Staff Liaison Wong suggested each Board member come prepared to nominate 1
their choice for an award, be it commerc ial or residential. The Garden Club 2
could also be involved. 3
Mark Lenow spoke in favor of commer cial and residentia l awards, but was 4
unsure of involving communities with finances they have available for 5
landscaping. Environmental awards would have different criteria. 6
Staff Liaison Wong suggested that each CAB member research how other 7
communities work this type of program and bring those ideas back to the Board 8
for discussion at the next meeting (January 4, 2009). 9
An environmental award was suggeste d. Staff Liaison Wong explained the 10
Green Committee’s mascot, Trudy the fr og, and suggested it could be adopted 11
for an environmental award. 12
Criteria for the award process will be developed. 13
MOTION 14
Mark Lenow made a motion to proceed with discussion of the award process to be 15
included on the January 4, 2009 agenda. S econded by Jim Griffin. Motion approved 16
unanimously, 7-0. 17
Staff Liaison Wong suggested a meeting be held sitting at tables instead of the 18
members sitting at the dais. Chair Wisneski agreed with the idea. 19
Board members can forward their research information to Staff Liaison Wong 20
and she will forward it to Board members. 21
22
VIII. COMMENTS BY THE PUBLIC 23
None. 24
25
26
27
(The remainder of this page intentionally left blank.) 28
29
30
31
32
33
34
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36
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38
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COMMUNITY AESTHETICS BOARD Page 5
12 · 03 · 08
X. ADJOURNMENT 1
There being no further business to come before the Board, Frances Heaslip made a motion 2
for adjournment. Mark Lenow seconded. Motion approved unani mously, 7-0. The 3
meeting adjourned at 6:45 p.m. The next re gular meeting will be held January 4, 2008. 4
5
APPROVED 6
7
8
Donna Wisneski, Chair 9
10
11
12
Terence Brady, Vice Chair 13
14
15
16
David Anderson 17
18
19
20
Frances Heaslip 21
22
23
24
Jim Griffin 25
26
27
28
Mark Lenow 29
30
31
32
Lynn Silber 33
34
35
36
Rosie Carr (1st Alternate) 37
38
39
40
(Vacancy) (2nd Alternate) 41
ATTEST 42
43
44
45 Donna M. Cannon 46
Municipal Services Coordinator 47
48
Note : These action minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of the 49
meeting. A verbatim audio record is available from the Office of the City Clerk. 50
All referenced attachments on file in the Office of the City Clerk. 51
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9
10500 North Military Trail, Palm Beach Gardens, Florida 33410
City of Palm Beach Gardens, Florida
{date}
{recipient}
Dear xx,
Congratulations! You have been chosen by the City of Palm Beach Garden’s Community
Aesthetics Board (Board) as this year’s Beautification Award Winner for the category of
Institution .
The Board makes annual awards in three beautification categories for properties within
the City limits. The three categories are Institution, Residential, and Commercial. Properties
are nominated and subsequently reviewed by the B oard and a winner is selected. Winners are
chosen based on the outside appearance of the structure and the landscaped grounds of the
yard, as seen from the street.
The City Council and the Community Aesthetics Board would like to present you with a
plaque for this achievement at the March 19 th City Council Meeting at 7 PM. In addition to the
plaque, a recognition sign will be placed in front of your facility for a period of 30 days. You also
have the option of displaying the City’s logo on your website as a 2009 City Beautification
Award Winner.
Please contact me at your earliest conveni ence at 561.804.7010 to discuss the process
in further detail. Congratulations again and I look forward to hearing from you.
Sincerely,
Angela Wong
Operations Manager
Staff Liaison to the Community Aesthetics Board
City of Pafm Beach Gardens
B EAU T¡ FI CATION AVT'ARD
lnstitutional Property
Nominatìon Form P¡,¿ti¡ Bs¡,c¡t Gnno g¡l s
ASigtature Ci4,
Nom¡nâtions are being sought for the best examples of landsoape and slruclural beautiflcafion efforts
made by institutions such as religious fucilitieg hospitals, medicalf,acílities, colleges, and schools within
the Ciiy of Palm Beach Gardens. Anyone may nominate any institutional properly in the City, regardless
of ownership. Deadline frrr submission is FebÍ.uarv,2. ?009.
Address of property being nominaled:
and/or structuraÌ ímprovemenls, Please attach any
IV
of P,Sdr,ts
Give a brief description of the property I
additional supportive information, ?-ot tr\re-v S (,.'ç9 W4,-
I
l-/^(r),to.
,Ì6rt BL':4 Attactr two (2) to five (5) photographs (no larger than 8" X 10"). Digital image files in addifion to the ph+
tos will be accopted. Photos should show the street view of the nominated properties as this is what will
be judged. All submitted materials become the property of lhê City of Palm Beach Gardens and can no!
be retumed.
Nomina|o¡s.name,addressanddaytimephonenu'¡',?l".151q
¿,r'.-T\.
Name of property owner if known:
Mailentries to:
Gity of Falm Beach Gardens
Gity Clerks Department
10500 North Military Trail
Palm Beach Gardens, Florida 33410
zo
Revised 1ß2!20æ
P¿ru B¡ncu G¿nDËNs
ASignatureCiry
City of Palm Beach Gardens
BEAUTIFIGATION AWARD
Institutional Property
Nomination Form
Nominations are beíng sought for the best examples of landsçape and structural beautification eflorts
made by inslitutions such as religíous facilities, hospitals, medical facilities, colleges, and schools within
the City of Palm Beach Gardens. Anyone may nominate any institutional property in the City, regardless
of ownership. Deadline for submission is Februarv,?. 2$09.
. 3 tJ I,t c"'rfhlr"{crB lul - Pat¡oþoJ^C"tw.
Name or property owne'ir known: Cfn. r.":t l-l [,lu¿sh i þ Ôh u,ra 1..
t
Give a brief descriptíon of the property landscaping and/or structural improvements. Please attach any
additionaI supportive infurmation.
Address of property being norninaled:
Attachtwo(2)toñve(5)photographs(nolargerthan8"Xl0"). DigÍtalimageftesinadditiontothepho-
tos will Þe accepted. Photr¡s should show the street view of the nominated properties as this is what will
beiudged' All subrnitled materials becorne lhe propefi of the City of Palm Beach Gardens and can not
be returned.
Mail entries tor
Gity of Palm Beach Gardens
Gity Glerks Ðepartment
10500 North Military Trail
Palm Beach Gardens, Florida 19410
0o
Rev¡sed 1l12l2ûOg
CITY OF PALM BEACH GARDENS
MEMORANDUM
TO: Community Aesthetics Board (CAB)
FROM: Angela Wong, Operations Manager/Staff Liaison
SUBJECT: Developing Board Objectives:
Public Roadway Beautification Projects – Previous Recommendations
DATE: January 28, 2009
CC: Jody Barnett, Council Liaison
Cynthia Unger, Staff Liaison, Alternate
The next goal of the Board where objectives need to be developed is “At the request of
council, review and provide recommendations on public roadway beautification
projects .” Recommendations previously discussed include:
1. Visual perspective on roadways (news racks, snipe/commercial signs) – See
attached city codes on both news racks and signs .
2. Implement an Adopt-A-Street program – Please review the following websites or
search the internet for more information on this type of program:
o http://www.dot.state.fl.us/statemaintenanceoffice/aah.shtm
o http://www.cityofpsl.com/kpslb/adopt_a_street.html
o http://www.clearwater-fl.co m/gov/depts/pwa/public_svc/adopt_a_street.asp
o http://www.cityofgainesville.org/GOVERNM ENT/CityDepartmentsNZ/Recycling/A
ASProgram/tabid/118/Default.aspx
o http://www.broward.org/waste/iwi00909.htm
o http://www.deltonafl.gov/go/deltona-secti ons/departments/public-works/adopt-a-
street-program
o http://www.ci.redlands.ca.us/quality_life/Adopt-A-Street/adopt_a_street.htm
o http://www.prcity.com/government/depa rtments/publicworks/streets/adopt-a-
street.asp
o http://www.ofallon.mo.us/dept _communitydev_street_AAS.htm
3. Request low maintenance landscape elements only – Conflicts with Item No. 5
4. Issue an ordinance requiring landscape contractors to use recycled mulch which
is green product. Dyed mulch is not eco-friendly mulch.
5. Request more flowering trees, shrubs and ground cover to encourage wildlife -
Conflicts with Item No. 3
DIVISION 14. NEWS RACK REGULATIONS*
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*Editor's note: Ord. No. 6-2002, § 2, adopted July 17, 2003, repealed § 78-701 in its
entirety. Section 3 of said ordinance provided for a new division 14 to read as herein set
out. See the Code Comparative Table for a detailed analysis of inclusion.
__________
Sec. 78-701. Purpose.
The purpose of these newsrack regulations is to promote the public health, safety, and
welfare through the regulation of placement, type, appearance, servicing, and insuring
of modular newsracks within the p ublic rights-of-way so as to:
(a) Provide for pedestrian and driving safety and convenience.
(b) Restrict unreasonable interference with t he flow of pedestrian an d vehicular traffic,
including ingress into and egress from any re sidence or place of business, or from the
street to the sidewalk by persons exiting or entering parked or standing vehicles.
(c) Provide for the safe ty of persons and property during hurricane conditions.
(d) Provide reasonable access for the us e and maintenance of any facility within the
public rights-of-way and access to locati ons used for public transportation purposes.
(e) Replace newsracks which cause visual blight or excessive space allocation within
the public rights-of-way or which unreasonably detract from the aesthetics of store
window displays, adjacent landscaping, and other improvem ents with modular
newsracks.
(f) Remove abandoned, inoperable, damag ed, or defective newsracks and modular
newsracks.
(g) Maintain and protect the value of surrounding properties and prevent damage to
grassed areas within the rights-of-way.
(h) Reduce unnecessary exposure of the public to personal injury or property damage.
(i) Treat all newspapers and per iodicals equally regardless of their size, circulation, or
frequency of publication.
(j) Maintain and preserve the freedom of the press.
(k) Cooperate to a reasonab le extent with the newspaper and periodical distributors.
(Ord. No. 6-2002, § 3, 7-17-03)
Sec. 78-702. Definitions.
The following words, terms, and phrases list ed below shall have the meanings ascribed
to them in this subsection, except wher e the context clearly indicates a different
meaning:
Advertising circular: any publication that contains only advertising and not news
reports.
Bike path: that portion of a right-of-way impr oved, designed, or ordinarily used for
bicycle traffic.
Block: the surface on a sidewalk or swale of a public right-of-way between two
consecutive corners on the same si de of that public right-of-way.
Cell: any individual module with in a modular newsrack.
City: the City of Palm Beach Gardens, a Florida municipal corporation.
Controlling entity: the person or entity responsib le for placing and maintaining a
modular newsrack or newsrack, the owner of the modular newsra ck or newsrack, the
lessee or licensee of the owner of the modular newsrack or newsrack, or the publisher
of the newspaper vended within a modular newsrack or newsrack. The city may be a
controlling entity if it purchases, leases or lease/purchases, and maintains or
subcontracts the maintenance of m odular newsracks or newsracks.
Modular newsrack: a connected grouping of four to 12 cells, pockets, or modules within
a single structure and mounted on a pedestal base, either self-service or coin-operated,
which is installed as a single unit and used fo r the display, sale, or distribution of
newspapers, news periodicals, or advertising circulars.
Newsrack: any type of unattended device, including any self-service or coin-operated
box, container, storage unit, or other dispense r installed, used, or maintained for the
display and sale of newspapers or other wri tten periodicals, or for the vending or free
distribution of newspapers or written periodicals.
Periodical: any advertising circular or newspaper that is published with a fixed interval
between the issues or numbers.
Public right-of-way: that area dedicated to public use or otherwise owned by a public
agency for public street purpos es and shall include, but not be limited to, roadways,
swales, alleys and bike paths, and sidewalks.
Roadway: that portion of the ri ght-of-way improved, designed, or ordinarily used for
vehicular traffic.
Sidewalk: any surface within a right-of-way provided primarily for the use of
pedestrians.
Swale: any area within a right-of-way which is not a bike path, sidewalk, or roadway.
The term shall also include any graded area or area improved with sod material which is
designed to convey stormwater runoff and re tain water for a brief period following a
rainfall event.
(Ord. No. 6-2002, § 3, 7-17-03)
Sec. 78-703. Certificate of compliance required.
(a) The controlling entity of any newspaper, written periodical, or advertising circular
seeking to distribute from a modular newsrack location within a public right-of-way
within the city shall notify t he code enforcement supervisor, or his/her designee, of the
location or proposed change of location of each such modular newsrack by filing a
certificate of compliance in accordance with t he provisions of this section no later than
14 days before the placement or relocation of the modular newsrack. Certificate of
compliance forms may be obtained from the code enforcement supervisor, or his/her
designee.
(b) The code enforcement supervisor, or his/her designee, shall be responsible for
reviewing the certificates of compliance to ve rify compliance with the provisions of this
division.
(c) The controlling entity shall file wit h the code enforcement supervisor a written
certificate of compliance for each modular newsrack, which shall contain the following
information:
(1) The name, address, e-mail address, fax number, and telephone number of the
controlling entity responsible for the modular newsrack(s).
(2) The name, address, and telephone number of a responsible pa rty whom the city
may notify or contact at any time conc erning the controlling entity's modular
newsrack(s), including notificat ion for enforcement purposes.
(3) The proposed location of the modul ar newsrack and reason for the proposed
change of location, if applicable.
(4) The names of newspapers or periodi cals to be contained in each modular
newsrack.
(5) A certification that the modular newsrack is insta lled in conformance with the
provisions of this division in its entirety.
(6) An executed indemnific ation agreement and insurance ce rtificate which shall be in
form and content acceptable to the city and which certificate s hall be renewed annually
by the controlling entity at no cost or expense to the city and provide, among other
things, that the policy shall not be cancelle d, terminated, or be subject to a notice of
nonrenewal without at least 30 days' written notice to the city, with the city as certificate
holder and additional insured in compliance with section 78-707.
(d) If a certificate of compliance for a modular newsrack location is incorrect, or the
modular newsrack is not located, maintai ned, or installed in conformity with the
certification of this section, the certificate of complianc e shall be deemed denied, and an
order to correct the violation shal l be issued pursuant to section 78-709.
(Ord. No. 6-2002, § 3, 7-17-03)
Sec. 78-704. Standards for size, installa tion, maintenance, and colors of modular
newsracks.
(a) Individual newsracks are prohibited with in the public rights-of-way within the city.
Only modular newsracks that comply with t he standards contained in this division are
permitted in the public rights-of-way within the city.
(1) A modular newsrack shall not exc eed 54 inches in height, including the pedestal
base, and 24 inches in depth. A modular newsrack shall not exceed the width of its
concrete base.
(2) The modular newsrack shall be paint ed forest green. The pedestal base shall be
painted gloss black.
(3) Modular newsrack cells shall be a rranged to provide an overall square or
rectangular shape to the entire modular newsrack and shall be mounted on a pedestal
base. The pedestal base shall be securely affi xed to the swale or sidewalk in a safe and
secure manner which meets t he standards contained in the Fl orida Building Code so as
to prevent the modular newsrack from bei ng stolen or becoming a hazard in severe
weather.
(4) Modular newsracks shall carry no adverti sing except for the na me of the publication
being distributed and a cardholder kept in a clean, neat, and untorn condition describing
the publication being distributed.
(5) Coin-operated modular newsracks sha ll be equipped with a coin-return mechanism
to allow an immediate refund in the event t he modular newsrack is inoperable. The coin
return mechanism shall be maintained in good working order by t he controlling entity at
no cost or expense to the city.
(b) Each controlling entity shall permanently affix to its modular newsrack a legitimate
label which provides a 24 hour operable telephone number of a working telephone
service which the customer may call to report a malfunction or to se cure a refund in the
event of a malfunction of t he coin return mechanism. The label shall feature clearly on
its face the name and address of the controlling entity to give the notices provided for in
this division.
(c) The controlling entity shall maintain each modular newsrack in a neat, clean, and
safe condition and in good repair at all times. Each modular newsrack shall be
maintained so that:
(1) It is free of graffiti.
(2) It is reasonably free of dirt and grease.
(3) It is reasonably free of chipped, faded, peel ing, and cracked paint in the visibly
painted areas thereof.
(4) The clear plastic or glass parts ther eon, if any, through which the publications are
viewed are unbroken and reas onably free of scratches, cr ack, dents, blemishes, and
discoloration.
(5) It is reasonably free of rust and co rrosion of the visible metal parts thereon.
(6) The paper or cardboard parts or insert s thereof are reasonabl y free of tears and
are not peeling or tearing.
(7) The structural parts are not broken or unduly misshapen.
(8) The surrounding area upon which the modul ar newsrack is placed is maintained in
a clean, neat, and orderly condition.
(d) Modular newsracks shall not be placed on the sidewalk in a manner that would
obstruct other modular newsracks on the same sidewalk nor may they extend beyond
any other applicable dimensions set forth in this division.
(Ord. No. 6-2002, § 3, 7-17-03)
Sec. 78-705. Administra tive and inspection fees.
(a) All modular newsracks shall be ins pected annually based upon the date they were
installed in any city right-of-way.
(b) The controlling entity of any modular newsrack located on any city right-of-way
shall pay an annual administrative fee as est ablished by resolution of the city council.
The administrative fee payable under this se ction is intended to defray the costs of
administering this division and inspection of modular newsracks located in the city.
(Ord. No. 6-2002, § 3, 7-17-03)
Sec. 78-706. Locations and site regulations.
(a) Modular newsracks may be installed only in locations agreed upon by mutual
consent of the city and the c ontrolling entity, subject to the site regulations contained
herein.
(b) Modular newsracks shall not be placed, installed, or erected on any landscaped
area within an improved public right-of-way or property. The landscaped areas include,
but are not limited to, those areas in which the following ground cover material is
placed:
(1) Decorative plants.
(2) Native plants maintained to match the surrounding flora.
(c) The placement of all modular newsr acks within the city shall comply with all
Americans with Disabilities Act (ADA) requirements.
(d) Modular newsracks shall not be physica lly attached, chained, or bolted, in any
manner, to any physical objec t within the rights-of-way.
(e) Modular newsracks shall not be located within 15 feet of a fire hydrant, fire call box,
or other emergency facility.
(f) Modular newsracks shall not be physically erected to obs truct the function of traffic
control signals, traffic si gns, or pavement markings.
(g) Modular newsracks shall not be placed in such a manner that obstructs the free
pedestrian flow to and from a pedestrian traffic signal push button. In order to allow for
the free pedestrian flow and handicap access to and from the pedestrian traffic signal
push buttons, modular newsracks shall be placed at least 36 inches away from such
pedestrian traffic signal buttons.
(h) Modular newsracks shall not be placed, installed, or erected directly on a paved
surface that is intended primarily for t he use of motor vehicles or bicyclists.
(i) Modular newsracks that are installed on a sidewalk shall leave a clear area for
pedestrian traffic of not le ss than 36 inches in width.
(j) Modular newsracks shall not be placed within the visibilit y triangle as defined in the
City's Code of Ordinances.
(k) Modular newsracks shall not be placed, installed, or erected:
(1) Within 50 feet of any railroad track.
(2) On any city property unless the loca tion has been specifically designated by the
city manager or his/her designee. The ci ty manager, or his/her designee, shall
designate locations at city facilities for t he placement of modular newsracks. The city
may prepare a map for each facility illustrating the designated locations for the
placement of modular newsracks. The location maps shall be available for inspection at
the office of the city clerk.
(3) Within the medi ans of a divided roadway.
(4) Within a 1,000 foot radius of another modular new srack containing the same
newspaper, news periodical, or advertising circular, except where separated by an
intersection, a median, or on the opposite side of a road.
(l) If more than one placement requirement, restriction, or if more than one prohibition
or enforcement provision app lies, the more restrictive requirement, restriction,
enforcement provision, or prohibition shall apply.
(Ord. No. 6-2002, § 3, 7-17-03)
Sec. 78-707. Insurance, inde mnification, and hold harmless.
(a) Every controlling entity that places or maintains a modular newsrack on a public
right-of-way, public sidewalk, street, or sw ale in the city shall furnish to the code
enforcement supervisor, or hi s/her designee, a current ce rtificate of insurance on
September 1 of each year. Such insurance s hall be comprehensive general liability or
commercial general liability coverage establis hing minimum limits of total coverage of
$300,000.00 per occurrence combi ned single limit for bodily in jury liability and property
damage liability and shall name the city as an additional insured party. Such controlling
entity may substitute reasonable evidence of equivalent self-insurance coverage or
cash bond for the above certificate of insurance, subject to the prior written approval of
the risk manager and city attorney. Insurance under this section shall run continuously
with the presence of modular newsracks on ci ty rights-of-way, and any termination or
lapse of such insurance shall be a violation of this division and result in revocation of the
certificate of compliance.
(b) Every controlling entity of a modular newsrack who wishes to place or maintain a
modular newsrack on a public righ t-of-way, public sidewalk, str eet, or swale in the city
shall first execute a written indemnification agreement supplied by the city under which
the controlling entity agrees to indemnify, hold harmless, and defend the city, its
officers, agents, and employees from any loss, liability, or damage, including expenses
and costs, for bodily or personal injury and for property damage sustained by any
person as a result of the in stallation, use, and/or mainte nance of the controlling entity's
modular newsracks within the city. The require ments contained in this subsection shall
not be construed to affect in anyway the city's rights, privileges, and immunities as set
forth in Section 768.28, Florida Statutes.
(Ord. No. 6-2002, § 3, 7-17-03)
Sec. 78-708. Disposition of abandoned modular newsracks.
(a) If 51 percent or more of the total cells in a modular newsrack remain empty for 30
continuous days, it shall be deemed abandoned and posted as such.
(b) If the controllin g entity is not identified on the modular newsrack or newsrack, it
shall be considered abandoned and posted as such.
(Ord. No. 6-2002, § 3, 7-17-03)
Sec. 78-709. Enforcement and penalties.
(a) If a modular newsrack is or has been inst alled, used, or maintained in violation of
this division, a notice of violation shall be issued to the controlling entity. In addition, a
copy of the notice shall be posted on the o ffending modular newsrack. If the offending
modular newsrack is not properly identified as to the contro lling entity under subsection
(c) of this section, and the controlling entit y is otherwise unknown, a notice of violation
shall be deemed deliver ed when posted thereon.
(b) If the controlling entit y of a modular newsrack fails to comply with the above notice
of violation, a notice of hearing before t he code enforcement special master shall be
issued to the controlling entity. In addition, a copy of the notice of hearing shall be
posted on the offending modular newsrack. If the offending modular newsrack is not
properly identified as to the controlling entity under subsecti on (c) of this section, and
the controlling entity is other wise unknown, a notice of violation shall be deemed
delivered when posted thereon.
(c) The city may remove a newsrack or modular newsrack whose controlling entity fails
to correct a violation within the time specif ied by order of the c ode enforcement special
master without cost or liability to the city.
(1) If the violation is not corrected within the time specified in the order of the special
master, the city shall remove the modular newsrack. Any modular newsrack so removed
shall be stored by the city at the distributor's expense fo r a period of 30 days. The
modular newsrack shall be released to the controlling entity upon a proper showing of
ownership and payment of all storage charges.
(2) If the modular newsrack is not claimed within the 30-day period, it may be sold at
public auction in compliance with C hapter 705.103, Fl orida Statutes.
(3) The code enforcement supervisor, in addi tion, shall provide the controlling entity, if
known, with written notice of the auction by certified mail, return receipt requested.
(4) If a controlling entity has been ordered by the code enforcement special master to
correct a violation of this division, the re moval of the modular newsrack shall be stayed
pending final disposition of an appeal, if any, to the circuit court as provided for in
section 2-240 of the City's Code of Ordi nances and Chapter 162, Florida Statutes.
(d) Any violation of this division shall be subject to penalties imposed under article VII
of the city's land development regulations an d under the provisions of code enforcement
contained in chapter 2 of t he City's Code of Ordinances.
(Ord. No. 6-2002, § 3, 7-17-03)
Sec. 78-710. Nonconforming newsracks.
(a) Individual newsracks that were lawfully installed within the city on the effective date
of this division may be continued for a period of six months from July 17, 2003, except
as provided herein.
(1) Individual newsracks shall not be enlarged or altered in any way.
(2) If an individual newsrack is destroyed by any means to an extent of 60 percent or
more of its replacement costs at the time of destruction, the newsrack shall not be
replaced.
(3) If any newsrack is removed for any reason, other than maintenance or name
change of occupant, from its location and reinst alled, the newsrack shall conform to the
requirements of this division.
(b) Upon expiration of the time period stated in subsec tion (3) herein, each affected
newsrack shall be brought into compliance with the requirements of this division.
(c) Any newsrack existing on pr operty annexed into the city t hat was lawful at time of
annexation but does not conform to the requirements of this division shall comply with
the standards of this division within six m onths. The six months shall commence on the
date the annexation ordinance is adopted.
(d) The time periods provided in this s ubsection are for the purpose of amortizing the
costs of a newsrack and any proper ty rights created by virtue of lease of location and/or
newsrack space.
(Ord. No. 6-2002, § 3, 7-17-03)
DIVISION 7. SIGNS*
__________
*Editor's note: Formerly, div. 6. See the editor's note ch. 78, art. V, div. 3.
__________
Sec. 78-271. Intent and purpose.
The purpose of this division is to create the legal framework for a comprehensive and
balanced system of signage to facilitate an easy and pleasant communication between people
and their environment and to avoid the visual clutter that is potentially harmful to traffic and
pedestrian safety, property values, business opportunities and community appearance. With
these purposes in mind, it is the intent of this division to authorize the use of signs, provided
they are compatible with their surroundings, appropriate to the activity that displays them,
expressive of the identity of the individual activities and the community as a whole, and legible
in the circumstances in which they are seen.
(Ord. No. 17-2000, § 122, 7-20-00)
Sec. 78-272. Application.
The regulations of this division shall apply to all signs within the city.
(Ord. No. 17-2000, § 123, 7-20-00)
Sec. 78-273. Nonconforming signs.
(a) Retention of existing signs. Every legal sign existing as of January 11, 1990, and which is
a type of sign not permitted in this division or is not consistent with the requirements of this
division may be continued or retained until January 7, 2000, except as may be provided
otherwise by the city council.
(b) Expiration, removal, and exempt signs. Upon expiration of the time period stated in
subsection (a) above, all affected signs shall be removed immediately by the property owner.
Signs exempt from this requirement are listed below.
(1) PUD signs. Signs which have been specifica lly approved as part of a PUD, PCD, or site
plan within a PCD.
(2) Flat wall signs. Existing flat wall signs below the third floor of a multiple story building or the
roof line of two-story office buildings shall be allowed to remain indefinitely. However, these
signs are subject to the provisions of section 78-273.
(3) Residential development signs. Signs located within residential zoning districts which
indicate the name of a residential subdivision or development.
(4) Certain nonconforming signs. Signs made nonconforming by sign regulation revisions
adopted by Ordinance 25, 1999.
(5) Annexation.
a. Any permanent sign existing on property annexed into the city, not permitted under this
division but lawful at the time of annexation, shall be removed no later than six years from date
the city comprehensive land use plan change affe cting the property is adopted by the city
council.
b. Temporary signs which are not permitted by this division shall be removed within 60 days
from the date of adoption of the comprehensive land use plan amendment which pertains to
such property.
(c) Amortization. The time period provided in this subsection is for the purpose of amortizing
the costs of a sign created or existing on or prior to adoption of the ordinance from which this
section originally derived by virtue of lease of location or sign space.
(Ord. No. 17-2000, § 124, 7-20-00)
Sec. 78-274. Temporary signs.
Temporary signs which are not permitted by this division shall be removed within 30
days from the effective date of this chapter.
(Ord. No. 17-2000, § 125, 7-20-00)
Sec. 78-275. Addresses.
All residential and nonresidential structures shall post the building address in a location
viewable and unobstructed from the adjacent public or private right-of-way. The size of
residential address numbers shall not exceed six inches in height. The size of nonresidential
address numbers shall not exceed 12 inches in height, or as otherwise approved by the
addressing committee or the master signage program based upon the specific height of the
building to which the numbers and letters are attached.
(Ord. No. 17-2000, § 126, 7-20-00; Ord. No. 23, 2006, § 3, 2-1-07)
Sec. 78-276. Permits require d, fees, and revocation.
(a) Building permit required. It shall be unlawful for any person to erect, repair, alter, relocate,
or maintain any permanent sign defined in this division without obtaining a building permit and
paying the required fee.
(b) Revocation. The building official is authorized to revoke any building permit if a sign is
erected or installed that does not comply with the requirements of this division.
(c) Maintenance and inspection.
(1) Maintenance. All signs for which a permit is required, together with all supports, braces,
guys, anchors, sign faces, and other structural and nonstructural members, shall be maintained
in good condition and appearance, and in compliance with applicable building codes. The
building official may order the removal of any sign that is not maintained in accordance with this
section. The removal shall be at the expense of the owner or lessee. Examples of unacceptable
maintenance and repair include the following:
a. Cracked, ripped, or peeling paint present on more than ten percent of the surface area of a
sign;
b. Bent, broken, loose, or otherwise insufficiently attached supports, struts, or other
appendages;
c. Partial illumination for more than 14 days;
d. Obstruction of sign face by weeds, vines, tree branches, or other vegetative matter; and
e. Maintaining a position that is more than 15 degrees from vertical for more than ten
successive days.
(2) The building official shall reinspect all si gns erected within the city as often as deemed
necessary. No fee shall be required for reinspection.
(Ord. No. 17-2000, § 127, 7-20-00)
Sec. 78-277. Design requirements.
All permanent signs shall be designed and constructed in compliance with applicable
building codes. All electric wiring shall be installed underground, within building walls, or
otherwise located so as not to be visible.
(Ord. No. 17-2000, § 128, 7-20-00)
Sec. 78-278. Variances.
(a) Variance allowed. The BZA, consistent with the requirements of section 78-53, may grant
a variance from the strict application of this division.
(b) Required vote. The affirmative vote of three members of the BZA shall be required to grant
a variance to this division.
(c) Exceptions.
(1) PUDs and PCDs. The city council may, at time of development order approval or
development order amendment, grant one or more wa ivers to the requirements of this division
applicable to a PUD, PCD, or site plan within a PCD.
(2) Compliance with intent and purpose. The city council may vary the size, setback
requirements, and number of permitted signs in a PUD, provided the city council determines a
PUD application complies with the general intent and purpose of this division.
(Ord. No. 17-2000, § 129, 7-20-00)
Sec. 78-279. Removal of abandoned signs.
Any sign which no longer is used to advertise a licensed business or a product sold on-
premise shall be removed by the owner of the property, building. or structure upon which the
sign is located within ten days after written notification from the building official. Upon failure to
comply with the notice within the time specified in the order, the building official is authorized to
cause removal of the sign. Any expense associated with the sign removal shall be paid by the
owner of the property, building, structure, or premises to which the sign is attached or on which
the sign is located.
(Ord. No. 17-2000, § 130, 7-20-00)
Sec. 78-280. Removal of unsafe signs.
If the building official determines any sign regulated in this division is unsafe, insecure, a
menace to the public health, or constructed, erected, or maintained in violation of this division, a
written notice of such determination shall be provided to the property owner. The owner of the
property has ten days following receipt of the written notice to remove, repair or otherwise alter
the sign so as to comply with this division. If the sign is not removed, repaired or otherwise
altered to comply, the necessary removal or improvements shall be carried out by the building
division at the expense of the owner of the property. The building division shall cause any sign
which is an immediate peril to persons or proper ty to be removed summarily and without notice.
(Ord. No. 17-2000, § 131, 7-20-00)
Sec. 78-281. Owner to be charge d for cost of removal by city.
When the city has caused or paid for the removal of a sign, the actual cost of the
removal shall be paid by the owner of property on which the sign is located The cost of removal
shall include accrued interest at the rate of ten percent per annum from the date of the
completion of the work.
(Ord. No. 17-2000, § 132, 7-20-00)
Sec. 78-282. Lien for costs of removal.
If the full amount due the city for sign removal is not paid by the owner within 60 days
after the removal of such sign, the city shall cause to be recorded in the official record books a
lien against the property. The lien shall remain in full force and effect for the amount due in
principal and interest, plus costs of court, if any, for collection, until final payment has been
made.
(Ord. No. 17-2000, § 133, 7-20-00)
Sec. 78-283. Obstructions.
Signs shall not be erected, installed, constructed, attached, or maintained so as to serve
as an obstruction as noted below.
(a) Ingress and egress. A sign shall not block any fire escape, or any window, door, or
opening used as a means of ingress or egress.
(b) Fire escapes and ventilation. A sign shall not be attached to a fire escape or be placed in
such manner as to interfere with any opening required by the building code for ventilation.
(c) City property. Signs shall not be allowed on city proper ty or rights-of-way within the city
unless specifically authorized by the city council. Any signs not authorized on city property or
rights-of-way shall be immediately removed by the city, and the costs of such removal shall be
borne by the parties responsible for the installation.
(d) Other governmental agencies. Other governmental entities which have jurisdiction or
control of public right-of-way may install signs within such rights-of-way. Any signs that are not
authorized on such rights-of-way shall be immediately removed by the city or governmental
agency, and the costs of such removal shall be borne by the parties responsible for the
installation.
(Ord. No. 17-2000, § 134, 7-20-00)
Sec. 78-284. Prohibited signs and prohibited sign locations.
(a) General. The signs described below, unless otherwise provided in this section, are
prohibited and shall not be installed or constructed within the city.
(b) Off-premise signs. Off-site or off-premises signs are prohibited. All sign copy shall
advertise, promote, or otherwise attract attention to goods and services available on the
property on which the sign is located.
(c) Traffic control signs. Any sign which resembles, is similar to, or may be confused with any
sign or device to control vehicular, bicycle, or pedestrian traffic is prohibited.
(d) Obstruction of vision. Any sign installed or erected in a location, or at a street intersection,
or in any street right-of-way so as to obstruct free and clear vision is prohibited.
(e) Prohibited sign characteristics. Only passive-type signage shall be permitted. Signs which
incorporate animation, bright or flashing lights, movement or motions caused by the wind,
electrical, or mechanical means, flashing or electronic messages, or other real or apparent
forms of motion are prohibited.
(f) Prohibited illumination. Illumination of signs utilizing flashing, intermittent, rotating,
revolving, oscillating techniques is prohibited.
(g) Building outlines. The use of neon lighting or other devices to outline the exterior part of a
building is prohibited.
(h) Other prohibited signs. In addition to the prohibited signs indicated above, the following
signs are prohibited in the city:
(1) Awning signs, unless otherwise provided herein;
(2) Bunting, pennants, streamers, banners, and ot her similar signs or devices normally but not
always installed in a series, designed to move with the wind, and usually attached to buildings,
trees, ropes, poles, and similar structures, prov ided, however, the city council may approve the
use of pole-mounted banners.
(3) Murals;
(4) Painted wall signs;
(5) Flags, unless otherwise allowed by section 78-87(d);
(6) Changeable copy signs, excluding changeable copy signs related to the sale of gasoline;
(7) Signs with extruded figures or elements;
(8) Portable signs;
(9) Roof signs;
(10) Balloons or balloon signs;
(11) Copies or imitations of official signs;
(12) Illuminated tubing or strings of light which outline and draw attention to property lines, roof
lines, open sales areas, windows, or walls, excluding decorative white lighting located in
landscaped areas;
(13) Exposed neon tubing;
(14) Beacons or searchlights;
(15) Signs attached to an accessory structure;
(16) Signs which emit sounds;
(17) Neon signs, unless otherwise provided herein;
(18) Signs which emit visible smoke, vapor particles, or odor;
(19) Sandwich board or "A" frame signs;
(20) Signs which exhibit obscene material;
(21) Snipe signs or similar temporary signs attached to trees, light poles, utility poles, or similar
structures;
(22) Signs placed upon benches, bus or transit shelters, or waste receptacles, unless
specifically approved by the city council;
(23) Interior merchandise displays visible through glass windows and oriented to the outside,
and located within three foot of a window; and
(24) Any other sign, device, or equipment which attracts attention, excluding those signs
allowed by this division.
(Ord. No. 17-2000, § 135, 7-20-00)
Sec. 78-285. Permitted signs.
Permanent signs shall be permitted as provided in Table 24.
Table 24: Permanent Signs
TABLE INSET:
Sign Type
Permitted
Zoning
Districts
Max.
Size
(Sq. Ft)
Max.
Sign
Faces
Maximum
Number
Maximum
Dimensions
(1)
Other Limits
Ground Sign
(2)
Non-
residential*
60 2
•1 for first
300 lineal
feet of
ROW •1
for each
additional
700 lineal
feet of
ROW
Height: 10
feet
Width: 15
feet
•Requires
solid base not
less than three
feet high
w/out sign
copy.
•Sign copy
not to exceed
building
identification
and three
tenants.
•Min. 15 feet
setback from
ROW.
•Min. 50 feet
setback from
non-ROW
property
lines.
Flat/Wall
Sign for
Principal
Structure or
Principal
Tenant
Non-
residential (3) 1
1 for
parcel with
at least
100 lineal
feet of
ROW
None
•Sign letters
shall not
exceed 36
inches in
height.
•Sign for
building and
Sec. 78-287. General standards.
The following standards are applicable to all permitted signs.
(a) Sign materials. All lettering, logos and other such identification markings on signage shall
be permanent and not interchangeable, unless otherwise proved herein.
(b) Residential property. A permitted sign shall not be located within 100 feet of property
possessing a residential zoning designation.
(c) Landscaping. Ground signs shall be landscaped. The minimum landscape area
dimensions are indicated below.
(1) Front: minimum width of the landscape area shall be the height of the sign.
(2) Side: minimum width of the landscape area shall be the height of the sign.
(3) Rear: minimum width shall be three feet.Landscape areas associated with ground shall be
irrigated, unless waived by the growth management department, and shall be maintained as
required by section 78-329.
(d) Flags. Not more than three flags and three flag poles shall be located on a property.
Permitted are flags representing governmental, religious, not-for-profit, or corporate entities. On
any property, only one of each permitted flags may be displayed. A retail scuba diving shop may
display the recognized scuba dive flag in lieu of a permitted flag. Flag poles shall not exceed 25
feet in height. One flag per pole is permitted. The area of a flag shall conform to the
requirements listed below.
TABLE INSET:
Height of
Flag Pole
Maximum
Flag Area
Maximum
Dimensions
20 to 25 Feet 48 square feet 5 feet by 7 feet
Less than 20 Feet 15 square feet 4 feet by 6 feet
(e) Logos. Logos or any federally registered trademark may be permitted as part of a sign as
follows:
a. If designed as an integral part of the advertising copy;
b. If consistent with an approved color scheme of the master sign plan; and
c. If displayed as registered.
GRAPHIC LINK:Figure 13a
(f) Calculation of sign area.
(1) Sign area. Sign area shall be calculated as illustrated in Figure 13. The area of a sign face
shall be calculated by means of the smallest rectangle that will encompass the entire area of a
sign, including all letters, numbers, characters, l ogos, emblems, information, or other display.
The sign area shall include any materials or colors utilized to differentiate the sign from the
backdrop or structure on which it is placed, including all materials to form the cabinet or other
structural members of the sign. Sign area shall not include any supporting framework, bracing,
or decorative fence or wall when such wall is consistent with the requirements of section 78-85.
GRAPHIC LINK:Figure 13b
(2) Sign area of multi-faced signs. Sign area for multi-faced signs shall be calculated as
indicated below and in Figure 14.
a. The area of a double faced sign with sign faces that are parallel or the interior angle of the
two faces is 15 degrees or less shall be calculated using the area of only one sign face.
GRAPHIC LINK:Figure 14
b. The area of a double faced sign with sign faces having an interior angle of more than 15
degrees, the area of both sign faces shall be added together to determine total area of a sign.
tenant
identification
purposes.
•NMT one
name or
message may
be included.
•Each
principal
structure is
allowed a flat
or wall sign.
•Wall sign
cannot exceed
more than 70
percent of the
surface area to
which
attached. (3)
Flat/Wall
Sign for
Ground Floor
Users
Non-
residential
NMT
5% of
area of
elevation
of tenant
space or
bay
1
1 per
tenant
space or
bay. None
None
•Sign must
face ROW or
primary
entrance.
•Uniform
type, color,
material,
shape & style.
•Letters NMT
24 inches.
•Max. 2 lines
of copy.
•Signs shall
not be located
above second
floor line or
above
building
parapet.
Window
Sign
Non-
residential
Lesser of
100 sq.
feet or
20% of
gross
glass
area
1
1 per
tenant,
business,
or bay.
None
•NMT 5% of
total glass
area allowed
for name,
hours,
open/closed,
credit cards &
telephone
numbers.
•NMT 15% of
total glass
area allowed
for goods and
services
offered.
•All sign
materials
must be
permanent.
•Paper,
cardboard,
etc., are
prohibited.
Menu
Sign(Wall-
mounted)
Non-
residential
4 square
feet 1
1 per
restaurant
None
•Must be
attached to
wall.
•Must be
framed or
matted.
•Not included
in area for
window signs.
•Enclosed in
frame or
casing
compatible
with building
design and
color.
•Casing shall
not project
more than 2
inches from
wall.
Menu Sign
(free-
standing)
Non-
residential 15 feet 2
1 per
restaurant.
Additional
signs
permitted
if outdoor
seating
areas are
Height: 5
feet
Width:3
feet
•Constructed
of durable
materials.
•May be pole
mounted, "A"
frame, or
sandwich
board.
either:
separated
by 6 feet
high wall
or not
visible to
each
other.
•May include
name, hours,
credit card,
menu, and
price
information.
•Must be
stored inside
restaurant
when closed.
Building
Directional
Sign
Non-
residential
4 square
feet 2 1 per
building.
Height: 4
feet.
•Max. 4 feet
above crown
of paving or
road.
Exit and
Entrance
Signs
Non-
residential
4 square
feet 2
1 per
approved
entry or
exit.
None
•Max. 3 feet
above crown
of paving or
road.
•Min. 2 feet
from property
line.
•Copy limited
to EXIT,
ENTRANCE,
EXIT ONLY,
etc.
•Internal
illumination
only.
•Located in
landscaped
area.
Menu Board
Non-
residential
20
square
feet
2
1 per
restaurant
Height: 5
feet
Width:
None
•Drive-
through
restaurants
only.
•Internal
illumination
only.
•Must be
landscaped
consistent
with division
7 of article V.
•Located
NMT 100 feet
from principal
building.
•May have
remote or
electronic
service.
•Shall not be
located
adjacent to
residential
zoning
districts.
Gasoline
Price Sign
15
square
feet
2 1 None
•May include
changeable
copy.
•May be
integrated into
another sign.
•Sign with
price
integrated
shall not
exceed
permitted sign
size.
Occupant
Identification
Sign
Non-
residential
6 square
feet 2 1 None
•May be
suspended
from soffit or
eave.
•Must be
parallel to
soffit or eave.
•Min.
clearance of 8
feet from
bottom of
sign to top of
walkway.
•Located at
main
entrance.
May be
externally
illuminated.
Building
Directory
Sign
18
square
feet
1
1 per
building
with tenant
or business
spaces not
directly
accessible
from
building
exterior
Height:6
feet
Width:
None
•2 or more
buildings on
same parcel or
development.
•Internal
illumination
only.
•Located
within a 25
feet radius of
main entry to
building.
•May be a
changeable
copy sign.
•Shall be
placed in
landscaped
area.
•Vehicle pull-
off may be
required.
Time and
Temperature
Sign
Non-
residential
NMT
25% of
total sign
area
1
Permitted
only as
part of a
wall or flat
sign.
None.
•Only time
and
temperature
may be
displayed.
•Size to be
included
within overall
size of
principal sign
TABLE INSET:
Sign Type
Permitted
Zoning
Districts
Max.
Size
(Sq.
Ft)
Max.
Sign
Faces
Maximum
Number
Maximum
Dimensions
(1)
Other Limits
Perimeter
Wall or Entry
Feature
Signs for
Residential
60
square
feet
1
1 per wall
or 1 per
entry
None.
•Letters may
not exceed 24
inches in
height.
Residential
Development
•Illumination
limited to
backlighting
with opaque
letters or
ground lighting
for letters.
•Residential
entry feature
signs to be
approved by
city council.
Notes.
* Includes commercial portion of residential PUDs or PCDs.
ROW = Public road right-of-way.
NMT = Not more than.
(1) Height measured from average grade.Notes to Table 24 (continued from previous
page)Ground sign must be landscaped as provided below.
a. Front: minimum width shall be not less than the height of the sign.
b. Side: minimum width shall be not less than the height of the sign.
c. Rear: minimum width shall be three feet.
(2) Lesser of the following:
a. 90 square feet; or
b. Three percent of the affected building facade located below the fourth floor line and above
the finished floor elevation of the first floor; or
c. Three percent of the affected building facade located 30 feet above the centerline of the
adjacent public right-of-way.
(Ord. No. 17-2000, § 136, 7-20-00)
Sec. 78-286. Illumination.
(a) Permitted illumination.
(1) Nonresidential zoning districts. Ground, flat, or wall signs shall be illuminated utilizing the
following: backlighting, internal lighting, or permanently fixed and encased lighting from below,
and external to, the sign surface. External lighting greater than 15 watts is prohibited unless
properly shielded to prevent glare upon adjacent public rights-of-way or adjacent property. The
department may require photogrametric or other studies to ensure sign lighting will not
adversely affect the public health, safety, and welfare.
(2) Residential zoning districts. Only back lighting with opaque lettering and permanently fixed
and encased face lighting from below the sign surface shall be permitted in residential zoning
districts.
(b) Neon signs. Neon signs are permitted within a building, provided such signage is not
visible from a public right-of-way, except as otherwise provided herein.
(c) Permitted neon signs. An exposed neon sign may be displayed and be visible from a
public right-of-way subject to the following restrictions:
(1) The sign area shall not exceed three square feet
(2) The sign shall be limited to the color white; and
(3) The sign content is limited to the singular word "open" and in a standard block letter format.
(Ord. No. 17-2000, § 137, 7-20-00)
c. The sign area of multi-faced signs is calculated based on the principle that all sign elements
that can be seen at one time or from one vantage point should be considered in measuring that
particular sign face.
(3) Fence or wall sign. For a fence or wall sign, all letters, characters, logos, and other pieces
of information or other graphic representations placed on the wall shall be included in the
determination of sign area. The sign area shall include any materials or colors utilized to
differentiate the sign from the backdrop or structure on which it is placed, including all materials
to form the cabinet or other structural members of the sign.
(Ord. No. 17-2000, § 138, 7-20-00)
Sec. 78-288. Sign program.
The growth management department may require any development order application for
a PUD, PCD, MXD, or conditional use to submit an overall sign program. The sign program
shall indicate location, size, type, landscaping, and illumination of proposed signs.
(Ord. No. 17-2000, § 139, 7-20-00)
Sec. 78-289. Exempt signs.
The signs listed below are permitted signs, and ar e exempt from the requirements of this
division.
(1) Mailboxes. Roadside mailboxes.
(2) Residential identification signs. Residential building identification, displaying the name or
property occupant or street address, provided such sign is less than four square feet.
(3) "No soliciting" signs. Signs prohibiting peddlers or solicitors, indicating security such as
burglar alarms, or "beware of bad animal" signs. Signs of this nature shall be located at the
entrance of the building or residence, or adjacent to fenced areas.
(4) Traffic control. Traffic control, directional, and information signs placed in public rights-of-
way by federal, state, county, city, and other public agencies.
(5) Interior signs. Signs located within a building, and not visible from a public right-of-way.
(6) Courtyard signs. Signs located on the exterior elevation of an interior courtyard, provided
such signs are not visible from a public right-of-way, parking lot, or abutting residential zoning
district.
(7) Vehicle advertising. Motor vehicles with business names, business addresses, telephone
numbers, contractor certification numbers, logos, and similar information painted or embossed
on vehicle surfaces, when otherwise permitted or required by law. Parking of such vehicles shall
be limited as provided below.
a. Motor vehicles including but not limited to trucks, vans, and automobiles with business
signage shall not be parked in off-street parking areas for the purpose of advertising a business
or service.
b. Such vehicles shall be parked in off-street parking areas in the rear or side yards so as not
to be directly visible from any public street right-of-way.
(Ord. No. 17-2000, § 140, 7-20-00)
Sec. 78-290. Temporary signs allowed.
(a) Permitted temporary signs. Temporary signs allowed within the city are listed in Table 25.
(b) Approval. Temporary signs shall be approved by the building division. Signs not approved
by the building division are subject to immediate removal by the city, at the expense of the
owner. Temporary signs shall comply with the standards listed below.
(1) Illumination. Temporary signs shall not be illuminated.
(2) Setbacks. Temporary signs shall be setback at least 15 feet from the greater of following:
a. The nearest property line;
b. The edge of pavement; or
c. The edge of sidewalk or other walkway.
(3) Maximum height. A temporary sign shall not be higher than five feet above the crown of the
road adjacent to the sign.
(4) Permitted sign types. Only pole or sandwich-board-type signage shall be used for
temporary signs.
(5) Prohibited sign types. Balloons, bunting, banners, streamers, portable signs, flags,
billboards, and similar signs are not permitted. A business activity may install not more than two
"grand opening" or special event banners in lieu of other types of permitted temporary signs.
Table 25: Temporary Signs
TABLE INSET:
Type of
Sign
Maximum
Size
(Sq. Feet)
Earliest
Installation
Date
Final
Removal
Date
Notes and
Remarks
Political
•Residential -
6 square feet
•Nonresidential -
32 square feet
•Residential - none
•Nonresidential - 30
days before primary,
general, or runoff
election or
referendum.
•Residential -
none
•Nonresidential
- 5 days after
election
•1 sign per
candidate or issue
per residential
dwelling
•1 sign per
nonresidential
parcel or lot
•Signs may not be
placed on public
property.
•Signs may not be
placed in public
rights-of-way.
•Signs may not
obstruct vision at
corners,
intersections, etc.
•Applicable to
federal, state,
county, and local
elections.
Free
Speech
Sign
•Residential -
6 square feet
•Nonresidential -
as permitted by
sign regulations
None None
•1 sign per
residential
dwelling or lot
•1 sign per
nonresidential
parcel or lot
•Sign may be
installed in lieu of
any permitted
nonresidential
sign
•Signs may not be
placed on public
property.
•Signs may not be
placed in public
rights-of-way.
•Signs may not
obstruct vision at
corners,
intersections, etc.
TABLE INSET:
Type of Sign
Maximum
Size
(Sq. Feet)
Earliest
Installation
Date
Final
Removal
Date
Notes and
Remarks
Sale of Land,
Building, or Portion
of Building.
16 When property
offered for sale
5 days after
closing
Sale: Residential
Open House 6 Day open house
begins
Day open
house closes
Sale:
Nonresidential
Open House
16 Day open house
begins
Day open
house closes
Sale: Portion of
Building 16
When building
offered for sale
or development
order
issued
5 days after
sale closes
Rent or Lease:
Building 16
When building
offered or
development
order
issued
5 days after
rented or
leased
Rent or Lease:
Portion of Building
16
When building
offered or
development
order
issued
5 days after
100 percent
(100%) rented
or leased
•Rooming house
signs excluded.
Development Sign 32 When complete On receipt of
development
order application
filed with city
first certificate
of
occupancy
Project
Suppliers/trades 32 Issuance of
building permit
On receipt of
final certificate
of
occupancy
Grand Opening/
Project Opening/
New Businesses
32 7 days before
event
10 days after
opening or
event
Outparcel/Phase
Opening 32 7 days before
event
10 days after
opening
Special Event/Sale
Not for Profit 16 7 days before
sale/event
1 day after
sale/event
•Not for
profit/nonprofit
organization only
Special Event/sale
for Profit 16 7 days before
event
1 day after
sale/event
•Must comply with
council-approved
administrative
policy.
School/Day
Care/Nursery 32 30 days before
registration
30 days after
registration
Garage Sale 12 1 Day before
sale Day of sale 1 sign for the sale
Outside Sales/Sites
Without Buildings
16 Day before sale 1 day after
sale
Must comply with
council-approved
administrative
policy.
Special Event
Direction Signage 4 Day before
event
1 day after
event
Must comply with
council-approved
administrative
policy.
Construction
Entrance 16
Issuance of land
clearing, land
alteration, or
building permit
On receipt of
final certificate
of
occupancy
(6) Maximum sign faces. A maximum of two faces will be allowed for each temporary sign.
(c) Removal.
(1) Hurricane watch. Any temporary sign installed within the city shall be removed by the
owner or city if a hurricane watch is posted. The city shall not be responsible for the
replacement of such signage after a hurricane watch is discontinued.
(2) Violations. The city shall have the right to remove any temporary signage in violation of this
section.
(d) Number. Each side of a property facing a public right-of way is allowed one temporary
signs as permitted in Table 25.
(e) Prohibited materials. Paper, cardboard, or other such material subject to rapid
deterioration shall not be used for any sign that is to be displayed for more than 30 consecutive
days.
(Ord. No. 17-2000, § 141, 7-20-00)
Sec. 78-291. Non-commercial messages.
Notwithstanding anything in this article to t he contrary, any sign erected pursuant to the
provisions of this article may, at the option of the applicant, contain either a non-commercial
message unrelated to the business located on the premises where the sign is erected or a
commercial message related to the business and located on the business premises pursuant to
the following regulations:
(1) The non-commercial message may occupy the entire sign face or portion thereof.
(2) The sign face may be changed from commercial to non-commercial messages as
frequently as desired by the owner of the sign, provided that the following is true:
a. The size and design criteria conform to the applicable portions of this article;
b. The sign is allowed by this article;
c. The sign conforms to the requirements of the applicable zoning designation; and
d. The appropriate permits are obtained.
(3) For the purpose of this sign code, non-commercial messages shall never be deemed off-
premises signs.
(Ord. No. 52-2002, § 2, 1-16-03)
Secs. 78-292--78-300. Reserved.
DIVISION 8. LANDSCAPING*
__________
*Editor's note: Formerly, div. 7. See the editor's note ch. 78, art. V, div. 3.
__________
Sec. 78-301. Pu rpose and intent.
(a) The purpose and intent of this division is toprotect, preserve, and enhance the natural
environment and beauty of the city bycreating minimum standards for installing and maintaining
landscaping and for vegetation protection. Landsc aping that meets these standards provide the
benefits listed below.
(1) Appearance. Improve and sustain the aesthetic appearance of the city.
(2) Air and water quality. Improveair and water quality by such natural processes as
transpiration and the maintenance of permeable land areas for aquifer recharge and
surface water filtration.
(3) Noise and pollution reduction. Buffernoise and reduce pollution through the filtering
capacity of living trees and vegetation.
(4) Energy conservation. Promote energy conservation through:
a. The creation of shade which reduces heat gainin or on buildings and paved
areas; and
b. The channeling and control of breezes tofacilitate the natural cooling o f
buildings.
(5) Soil erosion. Reduce erosion by stabilizing the soil.
(6) Habitat provision. Providehabitat for urban wildlife and a planned transition of the
city's green space and open space to the city's conservation areas.
(7) Water resources. Conserve freshwater resources through the use of drought-
tolerant plants and mulch, promoting the planting of less sod and water efficient irrigation
systems.
(8) Buffering. Provide a visual buffer between otherwise incompatible types of land
uses.
(9) Economics. Increasethe economic value of land by serving as a capital asset
when properly incorporated into site design.
(10) Public health, safety, and welfare. Providefor the public health, safety and
welfare.
(b) General provisions. In order to fulfill t hesegoals, this division establishes the procedures
and standards listed below.
(1) Procedures.
a. Procedures to evaluate new landscape plans and existing vegetation
protection plans using:
1. Minimum standards for new landscape installations;
2. Minimum standards for the preservation o f existing vegetation; and
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3. General standards for landscape maintenance.
b. Procedures for administration and enforcement of these standards.
(2) Minimum standards. Theprovisions of this divi sion shall be considered minimum
standards and shall apply to all development, as defined in section 78-751.
(Ord. No. 17-2000, § 142, 7-20-00)
Sec. 78-302. Violat ions and penalties.
Violations of this division shall be enforced as provided in article VII.
(a) Failure to comply. Failure to comply with the requirements of this division or any permit o r
approval granted or authorized hereunder shall constitute a violation of this division.Each of the
following shall constitute a separate violation:
(1) Each square yard containing a tree, shrubberyor groundcover which is destroyed,
removed, cleared or grubbed without a permit;
(2) Each tree, shrub or groundcover which is notproperly installed, protected o r
maintained as required by this division or development order; or
(3) Each tree which is abused or improperlypruned or hatracked, as set forth in this
article.
(b) Additional remedies. In addition to any other remedies provided in this division, the city
shall have the option of pursuing civil actions in a court of competent jurisdiction forviolation o f
any provision of this division or any special condition which maybe imposed in a permit or othe r
development order.
(Ord. No. 17-2000, § 143, 7-20-00)
Sec. 78-303. Approval required.
(a) Approval required. Unlessotherwise provided within this division, land shall not be
landscaped, cleared, or grubbed within the city unl ess written permission is first obtained by site
plan approval and a permit as outlined in this division. Furthermore, any tree,except as
provided for in this division, shall not be cut down, destroyed,removed, or effectively destroyed
as a result of damaging the tree or changingthe natural grade within the drip line of a tree,
without first obtaining site plan approval and a permit. The city may grant permission to remove,
add to, relocate, or plant vegetation on land within the limits of the city through a procedure that
requires an application and permit as described in section 78-304herein. With the exception o f
sections 78-314(d) and 78-321, property owners of developed single-family lots and duplex lots
are exempt from the provisions ofthis divi sion. Approved landscape and tree protection plans
may not be altered in any way, unless otherwise provided for by this division.
(Ord. No. 17-2000, § 144, 7-20-00)
Sec. 78-304. Applicati on and permit required.
Any person applying for a site plan approval and requesting tolandscape or clear existing
vegetation, grub, or remove (destroy) a tree or inany way alter existing plant communities or alte r
previously-cleared land shall submit a complete development application to the growth management
director o r designee.
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(a) Change to approved plan. Ifa change to an approved landscape plan is needed by the
landowner or agent, an amendment to the development application, specifically the landscape
plan, shall be filed with and approved by the city.
(b) Application fees. Each development application and amendments, including changes to
the landscape plan, shall be accompanied by a fee imposed by the city council.
(c) Land clearing fees. Each permit for the clearing of property shall be accompanied by a fee
approved by the city council.
(d) Inspection and review. Priorto any application work or permit, the growth management
department shall make its services available for re view or inspection of the site, provided there
is at least seven working days' notice thereof. The intent of the pre-application inspection is to
identify specific areas of concern and protection in order toplan for tree protection, relocation,
grading, drainage, building location, androad alignment prior to preparation of site plan
submission.
(Ord. No. 17-2000, § 145, 7-20-00)
Sec. 78-305. Devel opment application.
(a) Application required. Any person who does not have a site plan or landscape plan
approval pursuant to section 78-304, and who des ires to clear vegetation, plant vegetation,
grub, or remove (destroy) a tree or in any way alter a plant community or previouslycleared
land shall make a written application to the growth management department as provided
herein.
(b) Approval required. The actions listed below require approval from the city council or othe r
duly authorized city board or committee and will only be reviewed upon submittal of a
development application and other necessary information.
(1) Installation, land clearing and removal.Installation of new landscaping, land
clearing, site vegetation grubbing, orremoval of trees or other vegetation consistent with
an approved site plan,planned unit devel opment, planned community district, o r
development of regional impact.
(2) Clearing and removal. Clearing, grubbing, orremoving trees or plants for the
expansion of a permitted use within a particular land use or zoning district.
(3) Major amendments. Proposing or making majorchanges, those changes that have
been deemed not minor by the growth managementdirector, to the landscaping o r
preserve area within a previously approved si tedevelopment plan to the extent that plant
quantity or design is affected.
(4) Other changes or amendments. Changing thelandscape area or preserve area o f
an approved site plan due to restraints,conflicts or conditions put on the applicant o r
agent by the state department oftransportation, a utility company or a governmental
agency with multijurisdictional authority prior to starting work.
(c) Application evaluation. Evaluationof the development application will be based upon the
application package prepared by the property owner or designee. A pre-application field
inspection by the city forester is availabl e. The application package shall include, butshall not
be limited to the information listed below.
(1) Application. The development application,which is available in the growth
management department.
(2) Fees. Payment of applicable fee.
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(3) Waiver. The application shall include any requested waiver, pursuant to section 78-
158, from this division, in writing,with the specific section noted and a justification of the
waiver request.
(4) Location map. Location map, including but notlimited to location within the city, the
nearest road, and water bodies.
(5) Vegetation and habitat map. A drawing toscale or aerial photo to scale of the site
that maps the existing terrestrialand aquatic vegetation and significant wildlife habitat,
including exotic invasive species and native pl ant communities at the same scale as the
site plan. This map shall also include the information listed below.
a. Within the plant communities, the lo cation of all three-inch caliper trees o r
greater.
b. Location of large groups of trees in closeproximity can be designated as
clusters within predominant communiti es ifapproximate tree count and the
largest and average caliper in the cluster isindicated on the map. Use of plot
samples to acquire this information is acceptable.
c. Description of each plant community, includingspecies within the canopy,
understory and ground cover and a written statement to indicate the removal,
relocation or preservation of all or part of such community.
d. Soil types and conditions.
e. Drawing to scale or aerial photo to scale thatmaps the species, location o r
possible location of any federal- or state-listedplant or animal species that are
endangered, threatened, or species of specialconcern, and a written statement
to indicate the removal, relocation, orpreservation of all or part of the habitat at
the same scale as the site plan.This requi rement shall be consis tent with division
4 of article V, pertaining tonatural resources and environmentally significant
lands.
f. Features of archaeological, historic, or geological importance found on site.
g. Areas of previous alteration or degradationincluding present and past human
use, at the same scale as the site plan.
h. Surrounding landscaping or plant comm unities within 50 feet of the property.
i. Protected trees, as designated by t he citycouncil, will be located on a survey
map signed and sealed by a registeredsurveyor. This survey will be used in the
project design to help protect thetrees through the planning stages o f
development.
j. Data table with specific values for acreage ofeach plant community, including
total upland and wetland areas before and after land alteration.
(6) Project design plan. A project design plan including the information listed below.
a. Site plan showing existing or proposedbuildings, roadways, parking areas,
utility easements, dumpster enclosures,water features, flood control structures,
backflow preventers, wellfieldlocations, stormwater systems, landscaped areas,
buffer areas, preserve areasand other open space areas at the same scale as
an overlay of the vegetationmap. A series of site plan or landscape plan sheets
may be required in order to indicate sufficient detail.
b. Elevation (contour) or grade maps for theexisting grades and grades at the
same scale as the vegetation map. All berms,swales, detention and retention
areas shall be indicated on the landscapeplan.
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c. Mitigation proposals as they relate to loss ofwetlands or actual occupied
habitat of endangered, threatened species or species of special concern fo r
plants and wildlife.
(7) Detailed landscape plan. All landscape plans except individual single-family and
duplex lots or areas of one acre or less,which are required by this article shall be sealed
by a landscape architectlicensed to practice in the state or be prepared by anothe r
licensed professional authorized to prepar e landscape plans by F.S. Chapter 481.
Detailed landscape plans shall include but not be limited to the information listed below.
a. Clearly delineated and keyed landscape areas,square footage of open space
and impervious areas, landscape materials withspecifications, such as caliper,
height, species name, size and the like, and quantities to be used.
b. Data table including the followinginformation: specific values for trees,
shrubs, sod, palms, and specimen tees,p lants, or palms clearly delineated and
calculated open space points per 100square feet for the total project, and
percent of open space that ispreservation area. This shall include necessary
justification for why a species should be considered a specimen.
c. Description of hardscapes, defined herein asnonliving landscape materials,
including heights, widths, type, and location ofall barriers, including, but not
limited to, gravel and stone, concrete, pav ers,clay products including brick, wood
decks, and vertical walls and fences.
d. Landscaping requirements for signs as required in division 7 of article V.
e. Typical plan view drawings and cr oss-sectiondetails of any perimeter buffe r
area, road right-of-way, or parking lot landscaping.
f. Landscaping shall be shown as an ov erlay ofthe site plan including all new
trees, shrubs, grass, open areas, preservation areas and hardscapes.
1. All landscape plans shall depict existingtrees or areas of existing
trees to be protected or relocated during construction.
2. Landscaping symbols representing new trees shall indicate the
canopy spread of the trees at the time of planting, to the greatest extent
possible.
3. A future canopy spread at five years afterplanting may be depicted
for illustration purposes only, and shall be a separate landscape plan.
4. Landscaping depicted in any build ing elevation or rendering shall
accurately correspond to the landscape plan and shall depictthe
landscaping at time of planting.
g. A narrative plan to eradicate and prevent thereestablishment of prohibited
plant species listed in section 78-318 herein.
h. Landscape protection measures, such as curbingand wheel stops, shall be
shown on the landscape plan.
i. Location of all temporary trailers and sales centers.
j. Landscape plans shall i ndicate all overhead lighting.
k. Conceptual irrigation system plan, includingmain lines, backflow preventer,
and water source. Also refer to subsection 78-329(c) herein for more information.
(8) Alternative landscape improvement plan.Applicants shall be entitled to demonstrate
more effective compliance with theintent of this article, in whole or in part, throu g h use
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of an alternative landscape improvement plan. An alternative landscape improvement
plan shall be reviewed as part of the developm ent review process and, if approved, shall
be substituted, in whole or in part, for a landscape plan meeting the express termsof this
article.
a. The applicant shall provide an alternativelandscape improvement plan which
clearly delineates and identifies thedeviations from any of the minimum
landscaping standards of this article, andthe landscape design or designs that
make the alternative plan better than aplan that would meet all the requirements
of this article. The alternativelandsca pe improvement plan shall be labeled as an
"alternative landscape improvement plan."
b. In reviewing an alternative landsc apeimprovement plan, the city shall give
favorable consideration to exceptionallandscape designs which attempt to
preserve and incorporate existing native vegetation, in excess of minimum
standards, and plans that demonstrateinnovative design and use of plant
materials for foundation landscaping, tobuffer incompatible land uses, and to
resolve landscape conflicts with utilities.
c. The city shall not approve an alternativelandscape improvement plan if such
plan:
1. Results in planting or preservation of fewer trees than the minimum
number required by this division; or
2. Is not an improvement over a landscape plan prepared in strict
compliance with the other standards in this article; or
3. Is otherwise inconsistent with the intent of this article to encourage
exceptional or unique landscape design.
(9) Project operations. The information li stedbelow regarding proj ect operations shall
be provided.
a. Description of construction methodology to beperformed on site, including
use, storage, handling or production of substancesknown to be harmful to plants
or wildlife.
b. Description of any anticipated soil, water, orair pollution produced o r
generated by the project and known to be harmful to plants or wildlife.
c. Description of the project phasing. Anyproject that will require multiple
building permits due to the methodology or construction sequence caused by off-
site improvements, staging building bybuilding, increasing square footage,
restructuring finances or changing marketstrategies will be considered phased.
There shall be a narrative and/or mapdepi cting the projected phasing submitted
that describes when areas will be cleared and landscaped.
d. Prior to approval and, if applicable, revisedsite plans shall be accompanied
by a written description of all changes made since the last site plan review.
e. After approval and prior to any ci ty permit,the site plan shall have all
conditions of approval located on the site plan,and this information will be
available on the site during construction. Areduced copy shall be provided to the
city clerk's office for attachment to therespective ordinance or resolution
documents.
(Ord. No. 17-2000, § 146, 7-20-00)
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Sec. 78-306. Constr uction plan review.
(a) Landscape plan required. Anyperson applying for a building permit or requesting review
and approval of a construction plan that is based on a city-approved site plan or any other plan
which contains landscape improvements shall s ubmit a landscape plan and irrigation plan with
the construction documents for a building permit.
(b) Conceptual plans prohibited. Landscapeand irrigation plans submitted as part of a building
permit application shall not be conceptual in natur e. Plans submitted shall be final plans, to be
utilized for construction and installation of landscaping, irrigation, and related improvements.
(c) Utility services. Landscape plans shall indicate locations of all water, sewer, cable, electric,
telephone, drainage, including catch basins and detention or retention areas, or otherabove
ground or underground service. Backflow preventers, transformers, gas lines, all underground
tanks and similar types of equipment that conflic t withthe installation of landscaping shall be
indicated on the landscape plan.
(d) Easements encroachment. Ifutility or drainage easements are publicly recorded, prior to
construction plan permitting, they shall be indicated on the landscape plan. Otherwise, a
maximum of five feet of a required buffer may be overlapped by a utility easement o r
encumbered by a utility not in an easement, provided that a minimum of five feet of the required
buffer remains free and clear of any overlap for the plant material installation.
(e) Approval for easement encroachments. Utilityor drainage easements that overlap o r
transverse buffers and any other openspace c ontaining landscaping may be permitted with
written permission of the easement holder, prior to construction plan approval.
(f) Minor landscape plan changes. If for any reason minor changes, as defined in section 78-
307 of this article, occur in the landscape plan submitted for a building permit, an administrative
approval shall be required. Minor landscape pl an changes should not affect the permitting of a
project. Major changes could delay a building per mit applicationor require formal approval by
the planning, zoning, and appeals board or thec ity council, as determined by the growth
management director or designee.
(Ord. No. 17-2000, § 147, 7-20-00; Ord. No. 17-2004, § 5, 6-3-04)
Sec. 78-307. Admini strative approval.
(a) Permitted administrative approvals. Thefollowing actions may be approved by the growth
management director or designeeupon request fo r a permit. Administrative approvals may
include conditions of approval, as deemed necessary to meet the intent of a development
order.
(1) Clearing and grubbing. Clearing, grubbing,root pruning, or removal and relocation
of trees or other vegetation pursuant toan approved site plan or inclusion as common
elements within an approved planneddevelopment district master plan. Vegetation
clearing will not be permitteduntil a written land clearing permit is issued and the permit
fee is paid.
(2) Removal and replacement. Removing andreplacing dead, diseased, damaged, o r
insect-infested vegetation, including trees.
(3) Hazards. Removing or relocating vegetation,including trees, that are a hazard to
existing buildings, utilities, infrastructure or within a road right-of-way.
(4) Health and safety threats. Removingvegetation, including trees that may cause a
health or safety problem.
(5) Minor alterations.
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a. Minor alterations or changes to approvedlandscape plans, or mino r
alterations to existing landscaping if an approvedlandscape plan is not on file
with the city, within all districts to improve orremove proposed or existing
landscape. Minor alterations shall be defined as achange of type, quantity, o r
location that affects not more than a combinedtotal of 25 percent of shrubs,
groundcover, palms, or trees on a site.
b. Developers shall submit construction plansthat are consistent with the
approved landscape plan of record. The cityrecognizes that adjustments to
approved landscape plans may be necessary, due tochanges to utility locations
or due to plant material availability. Minorchanges, as described above, shall be
approved by the growth management directoror designee and properly
documented in city records.
(6) Fences. Installations of fences, if noexpansion of an existing or proposed use is
intended.
(7) Temporary landscaping. Temporary la ndscaping,considered as landscaping othe r
than what was originally approved, if suchinstallation does not result in the removal o f
native vegetation.
(8) Exotic vegetation. Removal of exot ic vegetation, including prohibited species.
(b) Verification required. Verificationof proper landscaping installation shall include the
following:
(1) Species, including quality, type, quantity, and any other original plant specifications;
(2) Design or location;
(3) Irrigation; and
(4) All other landscape structures and mate rialused or installed in accordance with the
site plan.
(c) Review. The city's landscape inspector will revi ew the project for compliance after the
documentation has been received from the landscape architect.
(d) Deviation. Any deviation from the approved landscape plan will be relayed to the growth
management director or designee for further review prior to the issuance of thecertificate o f
occupancy. If landscape plan deviations cannot be corrected prior to the issuance of a
certificate of occupancy, a letter of credit or bond shallbe posted by the owner, general
contractor, or principal for the remaining work to be accomplished.
(Ord. No. 17-2000, § 148, 7-20-00)
Sec. 78-308. Compliance.
(a) Violation. Failure to install, maintain, or preserve landscaping or native vegetation required
in accordance with the terms of this article s hall constitute a violation of this chapter.
(1) Failure to comply. If the owner, tenant, oragent, including owner associations, shall
fail to meet the requirements of thisarticle, or if the existing trees, shrubbery, grass, o r
ground covering shall bepermitted to die, either intentionally or unintentionally, and such
materials are not replaced within 30 days of the event, the city forester or a code
enforcement officer shall notify, in writing, the person responsible for the maintenance o r
replacement of such property of the need to comply with therequirements of this section
within 30 days from the date of delivery of the notice.
(2) Extensions. The 30-day rule for compliancemay be extended when necessary by
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the city manager or his designee to recoverfro m acts of nature such as a hurricane or a
freeze.
(3) Relocation or replacement. The plan approved to remedy any violation of this article
shall require that landscaping orhabitat be r eplaced or relocated where practicable o r
feasible to comply with all requirements herein. Relocation or replacement shall comply
with the standards listed below.
a. Trees having a three-inch or greater caliperwhich are to be replaced on the
same site shall be replaced by the sum of threecaliper inches to every inch lost.
Replacement trees shall be a minimum of three inches in caliper.
b. The city may require that trees having a three-inch or greater caliper be
relocated elsewhere on site or, if notpracticable or feasible as determined by the
approval entity, to be replaced onthe same site by trees, the sum of whose
calipers are equivalent to three times the caliper of the tree being removed.
c. If the site cannot support the total number ofrequired replacement trees as
determined herein, the city may permit the owner to:
1. Donate excess trees to the city for planting on public lands at the
owner's expense;
2. Contribute to the city the monies equivalent to such required
replacement trees; or
3. Permit the required replacement trees to be placed upon other lands
owned by the same property owners.
d. Replacement trees shall have shade,environmental, or aesthetic qualities
comparable to or better than the replaced trees.
(Ord. No. 17-2000, § 149, 7-20-00)
Sec. 78-309. Performance bond.
The building division may enter into an agreement with thedeveloper, the owner, or owner's
agent that will allow issuance of the certificate of occupancy before the landscape installation required
by this article is completed, provided that a performance surety or guarantee shall beposted. The
guarantee shall consist of a performance bond or other suretyagreement approved by the city attorney
in an amount equal to 110 percent of thedirect costs of materials and labor, and other costs incidental
to the installation of the required landscaping as certified by the landscape architect. The guarantee
shall specify the time for the completion of thel andscaping requirements, and shall be accompanied by
a site plan identifying the plant material covered by the surety.
(Ord. No. 17-2000, § 150, 7-20-00)
Sec. 78-310. Appeal.
(a) Procedure. Any person, property owner, agent, or representative thereof, aggrieved by a
decision of the building division, growth management department, code enforcement officer, o r
planning, zoning, and appeals board, in the enforcem entof any terms or provisions of this
article, may appeal to the city council.
(1) Period for filing appeal. The appeal shall be filed in writing within 15 days after the
date of the decision with the city m anager, with a copy to the city clerk.
(2) Form of appeal. The written appeal shall setforth concisely the nature of the appeal
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and the reasons or grounds for the appeal.
(3) City council decision. The city council shallhear and consider all facts material to
the appeal and render a decisionpromptly. The city council may affirm, reverse, o r
modify the decision being considered on appeal.
(4) Further appeals. An appeal may be made to thecircuit court from any final decision
of the city council, provided the appealshall be filed within 30 days from the date of the
decision.
(Ord. No. 17-2000, § 151, 7-20-00; Ord. No. 17-2004, § 5, 6-3-04)
Sec. 78-311. Vari ances and waivers.
(a) Variances. An applicant submitting a landscapi ng plan or landscape plan amendment for a
site that is not within a planned unit development or planned community district andthat does
not meet the minimum standards of this division shall submit avariance application for review
by the planning, zoning, and appeals board purs uant to section 78-53. The planning, zoning,
and appeals board shall consider the variance application before the site plan application o r
other development order application is considered for approval.
(b) Waivers. A waiver of one or more requirements of this division may be granted by the city
council for any PUD or PCD. The request sha ll be considered pursuant to waiverprovisions
applicable to a PUD or PCD.
(Ord. No. 17-2000, § 152, 7-20-00; Ord. No. 17-2004, § 5, 6-3-04)
Sec. 78-312. Land clearing permit.
(a) Issuance. The city shall not issue a permit for land clearing until:
(1) The property owner has submitted a build ingpermit application to the city for paving
and drainage or other infrastructureimprovem ents, at a minimum, or unless otherwise
approved by the growth management director, and
(2) All tree protection work has been satisfied pursuant to this article.
(b) Phasing. Permits for land clearing may be phased, depending on the project design.
(c) Conditions. Permits for land clearing shall have c onditions of approval imposed by the city.
The conditions of approval addressed in a clear ing permit may include the following:hours and
days of operation, dust and particulate matter control, and control ofrodents, vermin, and othe r
nuisances that may be created by the clearing.
(Ord. No. 17-2000, § 153, 7-20-00)
Sec. 78-313. Minimum landscape requirem ents for nonresident ial development.
(a) Minimum open space requirements. Theminimum open space requirement for all new
nonresidential development shall be 15 per cent land development regulations.
(b) Minimum landscape requirements. Notmore than 40 percent of the total landscape area
shall be covered with sod or grass. Those projects proposing playgrounds, ballfields, gol f
courses, dry detention areas or similar uses may subtract the open space square footage o f
these grassy areas from the landscape area calculation for a corrected total.
(c) Minimum landscape points. Tables26 and 27 shall be used to determine the minimum
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landscape points per open spacea project shall be required to provide. Achieving the minimum
open space landscape point requirement does not exempt a project from compliance with othe r
requirements of this division.
Table 26: Minimum Landscape Requirements - Nonresidential Development
TABLE INSET:
Notes:
*Example: 15% project open space requires 22 points/100 square feet
< = Equal to or less than
Table 27: Required Landscape Installation Points Chart
TABLE INSET:
% Open SpaceProvided* Points per 100 Square Feet
<=15% 22
16% 21
17% 20
18% 19
19% 18
20% 17
21 - 22% 16
23 - 24% 15
25 - 27% 14
28 - 29% 13
30 - 32% 12
33 - 34% 11
35 - 39% 10.5
40 - 49% 9.5
50 - 59% 8
>=60% 7
Category Points
Specimen Trees* 25 additional
Specimen Plants* 15 additional
Specimen Palms* 25 additional
Native Trees - 5 Inches DBH 20 plus 1 point for each inch >5
DBH
Trees w/12 foot minimum height (minimum of 75%
from PBG Tree Species List)
(See Notes 1, 2 & 3)
15 plus 1 point for each foot > than
minimum
Trees not on PBG Preferred List of Tree Species or
< 12 foot minimum height 5
PBG Preferred Palms Species List w/minimum 8
feet of clear trunk
3.3 points plus 1 point for each foot
of clear trunk > 8 feet
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Notes:
(1) Preferred and coastal species are listed in the city's "Landscape Work Manual."
(2) Abused trees, as determined by the cityforester, shall not count toward required
points.
(3) Coastal areas shall be planted with 90% native species as listed in PBG
*= Preferred Tree Species list.
*= Justification to be provided consistent with definition.
DBH= Diameter at Breast Height.
PBG= Palm Beach Gardens.
<= Less Than.
>= Greater Than.
W/= With
(d) Specimen trees. Specimentrees shall be consi dered existing native trees in good health
and 13 inches at diameter at breast height (DBH) or larger, or trees at least 25 percent of the
DBH for the respective champion tree in the state.
(1) Minimum protection requirements. A mi nimum of25 percent of all specimen trees
are to be protected in place or relocated on site.
(2) Exception. This requirement shall not applyif a planned upland preserve is set
aside, pursuant to division 4 of article V, or as provided below.
a. A specimen tree or trees may be su bstitutedwith replacement trees on site,
or replacement trees may be donated to the city.The minimum replacement shall
be the sum of three caliper inches for everycaliper inch of a specimen tree that is
to be removed. Donated trees shall beplanted by the donor and guaranteed by
the donor, in a written agreement or by a surety bond, for 180 days.
b. An applicant may remove a specimen tree ortrees if a contribution of the
equivalent value of the replacement tree ortrees, as calculated in paragraph (d)
above, is made to a city beautificationaccount. The value of the tree replacement
shall be determined by averaging costestimates from two landscape architects
or similar professional; one selected bythe applicant and one selected by the
city. The applicant shall pay the fees forboth cost estimates. The city's
community aesthetics board shall advise the citycouncil on the expenditure o f
these monies. These funds shall be used for tree programs on public lands.
(e) Screening required. The following uses within nonresidential developments shall be
required to be screened from public view:
(1) Backflow preventer systems;
(2) Trash or dumpster containers, compac tors,recycling containers, and similar types
Palms not on PBG Preferred Palms Species List or
less than 8 feet of clear trunk 1
All Shrubs (minimum of 75% from PBG Preferred
Shrub Species List) 1
All Ground Cover (minimum of 75% from PBG
Preferred Ground Cover Species List) 2 points per ten (10) square feet
Grass .25 ( 1/4) points per 10 square feet
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garbage and refuse disposal equipment;
(3) Storage or mechanical equipment areas;
(4) Outside display or sales areas;
(5) Parking areas;
(6) Service bays; and
(7) Satellite dishes mounted on the ground.
(f) Landscaping required. Thefollowing uses within nonresidential developments shall be
required to have landscaping, as required herein.
(1) Vehicular use areas;
(2) Building foundations excluding rear areas not visible by a public road right-of-way o r
not generally traveled by the public or visible from adjacent structures;
(3) Signs, as required by section 78-87;
(4) Multilevel parking garages;
(5) Berms or perimeter walls;
(6) Temporary trailers and sales cent ers, excluding construction trailers.;
(7) Swales, ditch banks, including any transitionbetween land and a water body and
littoral zones, in accordance with allapp licable rules of the South Florida Wate r
Management District, the NorthernPalm Beach County Improvement District and the
Palm Beach County Department of Engineering and Public Works; and
(8) Littoral planting zones.
(g) Planting in swales and maintenance areas. Treesand shrubs shall not be planted in swale
areas and in maintenance easements for canals.
(h) Redevelopment and nonconforming projects.
(1) Alternatives. Redevelopment projects ornonconforming projects unable to meet the
point system or open space requirements of section 78-25 or 78-314 may utilize the
alternatives contained herein.
(2) If a redevelopment or nonconforming projectis subject to a development orde r
amendment, required landscape points may be:
a. Transferred to other public lands, parks, road, road rights-of-way or othe r
similar public space, up to a maximum of 25percent reduction of points per 100
square feet; or
b. An assessment of $25.00 per point can becontributed to the city's
beautification account by the applicant.
(Ord. No. 17-2000, § 154, 7-20-00)
Sec. 78-314. Minimum landscape requir ements for residential development.
(a) Minimum open space. The minimum required open space in residential districts shall be 35
percent of the entire site. Those projects proposing playgrounds, ballfields, golf courses, dry
detention areas and similar uses may subtra ct the open space square footage ofsuch areas
when required open space is calculated. Landscapi ng shall be achieved with a combination o f
trees, shrubs, ground cover, grass or sod, and nonlivinglandscape material. One hundred
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percent of all open space shall be landscaped. Aminimum number of points per 100 square feet
of open space shall be required asindicated in Table 28, based on the amount of open space
for landscaped areas within common or publicly dedicated open space.
Table 28: Minimum Landscape Requirements - Residential Development
TABLE INSET:
Notes:
*Example: 35--44% project open space requires
10 points/100 square feet.
< = Less Than.
> = More Than.
(b) Required screening. The following uses within residential developments shall be required
to be screened with landscaping:
(1) Parking areas;
(2) Berms and perimeter walls;
(3) Lift stations;
(4) Cable television, telephone or other ground-mounted utility equipment or service
boxes;
(5) Backflow preventers, ground-mounted air conditioning units;
(6) Recreational vehicle (RV) parking areas;
(7) Boat storage areas;
(8) Maintenance and storage areas;
(9) Dumpster or trash pickup areas; and
(10) Temporary trailers and sales c enters, excluding construction trailers.
(c) Point values. Trees and plants shall have the same point value as is specified in Table 28
herein. In addition to the landscaping required in section 78-313 herein, the same requirements
for protecting existing trees outlined in this division shall apply.
(d) Minimum requirements for single-family and duplex residences. Single-familyand duplex
lots will have a minimum of one tree or two pal ms and six shrubs per1,000 square feet of open
space or fraction thereof. A shade tree from thecity's preferred tree list is required as a street
tree, located within the road right-of-way or within 15 feet of the property line. Street trees are to
be replaced if removed for any reason by the landowner.
(e) Credit. Trees located on the property required to be preserved by any other requirement o r
section may be used to satisfy requirements within this division. The trees are to be protected
during construction in a manner consistent with standardpractices and acceptable to the city
forester.
% Open SpaceProvided* Points/100 Square Feet
< 35% Not Allowed
35--44% 10
45--54% 9
55--64% 8
65--75% 7
> 75% None
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(Ord. No. 17-2000, § 155, 7-20-00)
Sec. 78-315. Landscapi ng and screening for veh icular parking areas.
(a) Minimum spacing. The minimum shade tree spacing fo r interior parking areas shall be
such that the center of any parking space is not more than 40 feet from the center of theshade
tree. A shade tree may be replaced by a minimum of three palms clustered together, as long as
the affected parking bays are more than 50 feet from a public street.
(b) Landscape islands. A landscape island shall be required for every nine parking spaces
located in a row.
(c) Minimum size for landscape areas. Theminimum landscape area shall contain no
dimension less than five feet in width,measured from the inside of the curb. There shall be no
landscape area smaller than 25 square feet. Landsc ape areas within interior parking areas may
be reduced if the areas shall constitute an obstruc tion in use of a building structure, providing
the reduced square footage is relocated so as to emphasizeentrance corridors or special
landscaped areas within the general parking area.
(d) Protection of landscape areas. Alllandscape areas, except in fee simple residential lots,
shall be protected by curbs or wheel stops fr om vehicular encroachment and from the damages
caused by vehicles overhanging into landscape areas. Landscaping, except grass, shall be
required to be at least two feet six inches from the edge of the wheel stop or curbing. The
curbing shall be at least six inches in height above grade.
(e) Overhang areas. Vehicle parking areas designed to permit vehicles overhanging into
landscaped areas shall not be permitted to count t he first two feet six inches of landscape area
as open space.
(f) Hedges and berms. The perimeter of vehicle use areas abutting public road rights-of-way,
including driveways to parking lots, shall include a continuous berm and hedge. The bermshall
be constructed at a minimum elevation of two feet above the grade of the parking lot, and the
hedge shall be maintained at a minimum height of three feet at maturity.
(g) Multilevel parking garages. Multilevelparking garages shall have planters installed to
permit installation of trees on the top level of the structure. These areas shall apply toward the
required points per open space. The top parking area shall have trees as required in section 78-
313.
(h) Grass parking. Grass parking shall be required to meet the same standards as established
herein.
(i) Maintenance. Regular maintenance of vehicular use areas adjacent to all landscape areas
shall include replacement of broken curbs or curb stops as needed to keep the general
appearance in good condition and safe.
(j) Visibility triangles. When a point of driveway or other point of ingress or egress intersects a
public right-of-way or when the subject property abuts the intersection of two or morepublic
rights-of-way, all landscaping within the areas described in subsections (a) and (b) of this
section shall allow visibility between 30 inc hes above theestablished grade and six feet above
the established grade. However, trees orpalms shall be permitted such area, provided they are
trimmed so as to allow visibility at the levels indicated in above, and further provided the palms
or trees are located so as not to create a traffi c hazard. This visibility area shall be provided as
indicated below.
(1) Intersection with public right-of-wa y. Thearea of property on both sides of a
driveway formed by the intersection of each side of the driveway and the public right-of-
way line for a distance of 15 feetin length and five feet in width along the public right-o f -
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way.
(2) Intersections of rights-of-way. The area ofproperty located at a corner formed by
the intersection of two or more public rights-of-way with two sides of the triangular area
being 20 feet in length along the abutting public rights-of-way measured from their point
of intersection and the third side being a line connecting the ends of the other two lines.
(Ord. No. 17-2000, § 156, 7-20-00)
Sec. 78-316. Pr eserve areas.
(a) Credit for existing vegetation. Allplants, including trees, shrubs, and ground cover within a
preserve area that meet or exceed the minimum landscape requirements as set forth in this
article can be counted toward the points per open space required to meet landscape
requirements as provided herein.
(b) Minimum width. The minimum width of a preserve area to be used to meet landscape
requirements shall be 25 feet.
(c) Screening. The preserve area may screen any area that requires screening with the same
minimum planting requirements as does new lands cape material as required herein.Infilling
new vegetation within preserve areas or around preserve areas shall be required if existing
vegetation does not provide required screening. In fillingor installation of additional material
within preserves shall be accomplished by relocating existing on-site native plants or adding
appropriate new native plants to the voids or bare areas of the preserve to accomplish the
required screening.
(d) Irrigation. Irrigation is not required within pres erve areas. The area shall be preserved in
such a way that the transition of new landscaping or open space to existing vegetation
duplicates nature. The preserve area shall not be adversely impacted by surrounding drainage
or elevation changes resulting fr om or caused by development.
(e) Maintenance. Preserve areas shall be maintained or managed with the same standards
set forth in section 78-329, except there s hall be no pruning of vegetation or trees within
preserve areas without written approval from t he city forester. Preserve areas shall be cleared
and kept clean of any exotic plants including, but not limitedto melaleuca, brazilian pepper, and
australian pine.
(f) Construction prohibited. Thereshall be no construction within preserve areas unless
otherwise approved during site plan approval.
(g) Walls or barriers. Walls or other barriers shall not be constructed in such a manner that
impedes or restricts the function of preserve areas that also act as habitat corridors o r
pathways, unless otherwise approv ed during site plan approval.
(h) Replacement. Trees and shrubs used to meet landscape requirements that die within
preserve areas shall be replaced once it is determined by the city that landscape screening
requirements have dropped below minimum standards.
(i) Violations. Code enforcement regulations shall apply to preserve areas that are used to
meet landscape requirements.
(j) Minimum separation. In an effort to create a safe zone for protection from a wild fire,
structures shall be no closer than ten feet to a preserve area, as defined in division 4 ofarticle
V.
(Ord. No. 17-2000, § 157, 7-20-00)
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Sec. 78-317. Tree repl acement during construction.
During construction, all required landscaping that dies shall bereplaced with the same species
within 30 days or before issuance of thecer tificate of occupancy. The minimum replacement
specifications will be one for one at the minimum size standard set forth in the approved landscape
plan. Trees that die during construction shall be replaced with the same species within 30days o r
before issuance of the certificate of occupancy. The minimum replacements pecifications and minimum
size standard are set forth in sections 78-313 or 78-314.
(Ord. No. 17-2000, § 158, 7-20-00)
Sec. 78-318. Prohibited plants and invasive nonnative plants.
Prohibited plants shall not be planted anywhere in the city, andin some cases must be
removed. The official list of prohibited plant species,species to be removed, and species that may
remain if planted is provided in Table 29.
Table 29: Plant Species Prohibited or Required to be Removed
TABLE INSET:
Common Name Scientific Name
Shall not be
Planted
and Must Be
Removed
Not be Planted
--
But not
Required
to be
Removed
Air potato vine Dioscorea bulbifera
Australian pine Casuarina spp.
Banyan Ficus bengalensis
Bischofia Bischofia javanica
Brazilian pepper or Florida
holly Schinus teribinthifolius
Carrotwood Supaniopsis
anacardioides
Cat's claw Minosa pigra
Chinese tallow tree Sapium sebiferum
Cork tree Thespesia populnea
Downy rose myrtle Rhodomyrtus
tomentosus
Earleaf acacia Acacia auriculiformis
Jasmine Jasminum dichotomum
Java plum Syzygium cumini
Kudzu Pueraria montana
Leather leaf Colubrina asiatica
Lofty fig Ficus altissima
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(a) Removal. Upon issuance of a building permit, a property owner shall remove or cause to
be removed the plant species listed in Table 29. Certain existing prohibited plantsshall be
removed or be allowed to remain in place as provided in Table 29.
(b) Certificates of occupancy. Acertificate of occupancy or other official acceptance o f
completed work shall not be issued for devel opment until verification is provided, through
inspection by the city forester or by certification by a state-licensed landscape architect, that all
required removal of prohibited plants or invasive nonnativeplants has been completed and is in
accordance with the development plan orphas ing plan, and permit conditions. The eradication
of prohibited plants and invasive nonnative plants, as applicable, shall be completed prior to the
final landscape inspection.
(c) Use of ficus species. Ficusspecies may be planted as individual trees or hedge material,
subject to the standards listed below.
(1) Location. Individual ficus spp. trees s hallnot be planted within 15 feet of any public
road right-of-way or other public utility.
(2) Hedges. Ficus spp. hedges shall be regula rly maintained, shall be of cold-tolerant
variety, and shall not exceed eight feet in height.
(Ord. No. 17-2000, § 159, 7-20-00)
Sec. 78-319. Minimum landscape buffer and planting requirements.
(a) Minimum buffer required. Alandscape buffer shall be a minimum of eight feet in depth
around the perimeter of a parcel. However, additional buffer depth shall be provided as
indicated below:
(1) A minimum landscape buffer of 15 feet indepth shall be required on lands located
adjacent to public street rights-of-ways and railroad rights-of-way that are less than 100
feet wide;
(2) A minimum landscape buffer of at leas t 20feet in depth shall be required on lands
located adjacent to public street and railroad rights-of-way that are 100 feet wide o r
greater; and
(3) A minimum landscape buffer of at leas t 25feet in depth shall be required on lands
located adjacent to Interstate 95 or the Florida Turnpike.
(b) General. The following general standards shall apply to all landscape materials installed
within a landscape buffer.
(1) Mature height. Vegetation, especially treesand palms, should be planted taking into
consideration the mature height and spread of the species.
(2) Areas prohibited in landscape buffers.Stormwater detention or retention areas, and
Mahoe Hibiscus tiliaceus
Melaleuca Melaleuca
quinquenervia
Schefflera Schefflera actinophylla
Shoebutton ardisia Ardisia solanaceae
Small-leave climbing fern Lygodium microphyllum
Woman's tongue Albizia lebbeck
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lake maintenance easements shall not be located within landscape buffers.
(3) Spacing. The maximum spacing of plantingtrees shall be 60 feet along any
perimeter buffer so long as all point requirements have been met.
(4) Preferred plant installation. A minimum of 75percent of the total quantities of trees
and plants shall be included within thepreferr ed plant list, as provided in the city's
"Landscape Work Manual." Coastalareas as designated by the comprehensive plan
shall be required to have 90 percent native species.
(5) Storage and garbage collection sites. All outside storage and trash or garbage
collection sites shall be completelysc reened from view, utilizing any approved
combination of hedge a minimum ofthree feet in height, structural barriers, berms or any
combination thereof to 100 percent screen the area from view.
(6) Service areas. Service areas ofnonresidential buildings, when visible from the
street right-of-way or adjacentresidential land use, shall have barriers and a hedge at a
minimum of six feet in height to screen the service area from this use. Service areas
may include interior or exterior work bays a ssociated with full service gas stations, tire
repair, auto repair business, as well as any business proposing loading orunloading
docks.
(7) Backflow preventers. Backflow pr eventersystems shall be screened from public
view, utilizing any combination of trees,pal ms, hedges, or other barriers as approved by
the growth management director.
(8) Total landscaping points. Achieving the totalpoints per open space for an entire
project within one or more areas does notexempt one from complying with all othe r
requirements, even if that meansexceeding the minimum required total points per open
space.
(9) Signs. Landscaping around ground signs is required and shall be provided pursuant
to section 78-87.
(10) Advertising. At no time shall a landscapedarea be used for advertising display o r
sales, unless specifically approved by the city.
(Ord. No. 17-2000, § 160, 7-20-00)
Sec. 78-320. Foundation landscaping and plantings.
Plantings required. Foundation plantings for nonr esidentialbuildings shall be installed as
provided herein.
(a) Location, purpose, and general standards.
(1) Location. There shall be foundationlandscaping within ten feet of all buildings and
structures.
(2) Purpose. The location and size of thisfoundation landscaping shall be of a height
and quantity to visibly soften barewalls, accent building facades, and help direct
pedestrian traffic to building entrances.
(3) Irrigation. All foundation areas shall beirrigated and of the appropriate size to
accommodate the mature size of the vegetation to be planted.
(4) Minimum standards. The minimum standards forfoundation landscaping shall be
determined by the building height and function,and as set forth below. Building
foundation landscaping may be reduced oreliminated by action of the city. Street trees
or road right-o f -way landscapingcannot be eliminated without city approval.
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a. The foundation planting area for a one-story building shall:
1. Be at least five feet wide, unless foundation landscaping would
interfere with the intended use and function of a building; and
2. Extend along the portions of a facade thatdirectly abut a parking area
or vehicular use area, excluding entryways,doorways or other building
improvements, as determined by the city.
b. The foundation planting area for a building of two or more stories shall:
1. Be not less than 30 percent of the height of the adjacent wall; and
2. Extend along the portions of a facade thatdirectly abut a parking o r
vehicular use area, excluding entryways, doorways or other building
improvements, as determined by the city.
c. At least one shade tree or palm cluster shallbe installed for each 30 linea r
feet, or fraction thereof, of facade width. Aminimum of one tree per facade shall
be planted, and the remainder of thelandscape area shall be treated
appropriately with plantings and pedestr ianaccessways. Trees and palms shall
be of an installed size relating to the heightof the adjacent wall or facade, as
indicated in Table 30.
Table 30: Minimum Foundation Planting Dimensions
TABLE INSET:
d. The tree heights in this section are minimumtree heights and the palm
heights are minimum palm cluster heights. As theminimum tree and palm cluste r
height increases, some smaller trees or palms maybe allowed, as opposed to all
trees or palms being a minimum size.
(Ord. No. 17-2000, § 161, 7-20-00)
Sec. 78-321. Minimum land scape and hardscape standards.
(a) Minimum landscape standards. Alllandscape installed shall meet the requirements o f
Table 31 and as otherwise provided herein.
Table 31: Minimum Landscape Requirements
TABLE INSET:
Wall Height Minimum
Tree Height
Minimum
Palm Height
< 15 feet 12 feet 12--14 feet
15--25 feet 14 feet 14--18 feet
>25--35 feet 16 feet 18--22 feet
>35 feet 18 feet 22--28 feet
Plant
Material Min. Size at Planting Other Installation Requirements
•Planted per approved landscape plan.
•75% of required trees shall be native
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Notes:
(1) Measured from grade to average end ofbranches, not the tallest of one or two
branches and a minimum crown of five feet.
(2) Measured as gray trunk height.
(3) Palms not classified as specimen palms andplanted in perimeter buffer areas shall
be installed in groups of not less that three.
(4) Support shall be provided consistent withsound horticultural practices to encourage
future growth.
(b) Lawn grass. Lawn grass shall be solidly sodded, unless otherwise approved in the
landscape plans. Lawn grass shall not be allowed to grow higher than six inches in height. Sod
shall not be placed closer than 18 inches from the trunk of a tree.
(Ord. No. 17-2000, § 162, 7-20-00)
Sec. 78-322. Hardsca pe and nonliving landscape materi als installation requirements.
(a) Use of perimeter walls and fences. Perimeterwalls, metal or wood fences, or othe r
nonliving landscape materials may be usedin c onjunction with vegetation to meet required
landscaping. Approved walls orfences shall be set back from property lines sufficiently to
include landscape on the outside of the wall or fence. Maintenance of the wall or fence and
associated landscaping by the property owner is required. If nonliving barriers are used, 50
percent of the barrier shall be covered or sc reened by vegetationon the street side along public
rights-of-way and interior perimete r areas visible to the public.
(b) Berms. Earth berms may be used only when insta lled in conjunction with sufficient plant
material which shall be installed and spaced to sa tisfy the requirements of this article. The slope
of a berm shall not exceed a ratio of 3:1. Earth berms maynot be installed over underground
public utilities without written consent from all applicable utility companies.
(c) Mulch. All tree and shrub beds shall receive at least three inches of mulch. Mulch shall be
temporarily applied to areas not immediately co vered by ground cover. Where mulch is intended
to be installed permanently, it shall be renewed andmaintained at three inches of depth. Mulch
will be thoroughly wet at the time of application to prevent wind displacement.
(d) Pavers. The use of pavers or similar impervious material, excluding sidewalks, shall not
exceed 30 percent coverage of an open space area, and shall not be wider than 12feet if used
in a required landscape buffer area.
Trees 12 feet with a minimum crown
of five (5) feet. (1)
species or selected from city's preferred
plant list.
•90% of required trees for sites in coastal
areas shall be native species or from city's
preferred plan list.
Palms
8 feet when used for required
buffer or parking purposes.
(2,3)
Three (3) palms equals one required canopy
tree.
Hedge
Shrubs 30 inches. Planted not more than 24 inches on center.
Vines
60 inches trellis length with
three (3) or more live runners
at planting.
Attached to support. (4)
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(e) Palms. Nonspecimen palms planted in perimeter buffers shall be installed in groups of no
less than three, and shall receive planting credits or points as provided in section 78-313 o r
section 78-314.
(Ord. No. 17-2000, § 163, 7-20-00)
Sec. 78-323. Soil erosion.
Soil erosion shall be controlled and held to a minimum during alldevelopm ent activities. Areas
in which vegetation or ground cover has beenallowed to be removed pursuant to an approved site plan
and subsequently abandoned for any reason for more than six months shall be seeded with a ground
cover or grass immediately upon request by the city, or the city shall have the work done at the owner's
expense.
(Ord. No. 17-2000, § 164, 7-20-00)
Sec. 78-324. Roadwa y beautification plan.
(a) Applicability.
(1) The standards contained in this section shall apply to all public rights-of-way which
are adjacent, contiguous or internal toexisting and proposed residential and
nonresidential developments. Landscapingand irrigation are required within roadway
medians and road shoulders. Allappr oved planned unit developments or planned
community developments that aresubject to major amendments, in accordance with
section 78-49 of the landdevelopment r egulations, shall be required to landscape,
irrigate and maintain improvements within adjacent and/or contiguous public rights-of-
way. If a development order requires road improvements not adjacent and/or contiguous
to the development, the petitioner of the development shall landscape and irrigatesaid
road. The intent of this section is to beautify public roads and keep thepublic roads
aesthetically pleasing with landscaping a nd other enhancements. Unless otherwise
approved through a development order or other agreement, developers and thei r
successors or assigns shall be responsible for theinstallation and maintenance o f
roadway landscaping, including irrigation. Whereroads have been landscaped and
enhanced, but become nonconforming due to safetystandards implemented by this
section, nonconformities may be rectified dur ingfuture road improvements by the person
or entity making the improvements.
(2) As new developments are approved, it is theintent of this section to require
adjacent property owners on both sides of theroad to share the cost of landscape and
irrigation maintenance for mediansand/or road shoulders based on the linear frontage o f
each development or by the square footage of the area to be maintained.
(b) Landscape plans. Landscape plans for rights-of-way shall be submitted by the applicant
and approved with each development approval . Landscape plans shall be as detailed as
required in section 78-305(c)(7) of this division. A cross-section of the road right-of-way,soil
profile, drainage plan, irrigation plan and root barrier details arerequired. The community
aesthetics board may assist city staff in the re view ofall public roadway landscape plans that
are not otherwise approved by resolution or ordinance.
(c) Design.
(1) Unless otherwise approved by city council,roadway landscaping shall be designed
with characteristics similar to thenearest ex isting roadway beautification project on that
road, in accordance withthe landscape theme provided in section 78-201 or section 78-
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231, as applicable; or using a landscape plan approved by the city for a particular road,
e.g. seven cities plan for USI or Nort hlake Boulevard overlay district. The same
landscape theme shall be used in all four quadrants of any intersection. The landscape
design shall be based on the ultimate roadway configuration if road improvementsshall
commence prior to the last certificate of occupancy for the entire project. If no road
improvements are planned within the build-out date of thedevelopment, the landscape
design may be based on the existing roadwayconfiguration. Each of the following
specific standards shall apply to all median designs:
a. Future city roads and public acce ss easementroads indicated on the city o f
palm beach gardens' linkage plan or thor oughfareplan shall have medians wide
enough to accept a tree or palm specie.
b. The median design may be enhanced or changedwithin 75 feet of a curb cut
that directly, leads into a development entrance toemphasize or compliment the
entry.
c. No more than 40 percent of the total landscapearea contained in a median
shall be covered with sod or grass.
d. Windows or voids in the landscaping (otherthan sod), if not in excess of 60
feet, are acceptable for scenic views of lakes, art in public places, or signage.
e. All trees and/or palms proposed within amedian, which are outside of the
safe sight distance triangle, shall beinstalled at the same or greater height as the
trees and/or palms proposed within the safe sight distance triangle.
(2) The plant palette for roadway lands caping isprovided in the city's landscape
handbook, unless otherwise approved by citycounc il. Illustrations of existing roadway
landscaping within the city have beeninco rporated into the landscape handbook. These
illustrations are representative of the desired landscape design.
(d) Installation.
(1) Landscaping installation shall be inaccordance with applicable state and/or county
engineering standards stated in section 62-2 15 of the City Code. All landscaping and
irrigation within the right-of-way shall be installed and completed within six months from
the issuance of the clearing permit for said project or as otherwise approved by thecity
council. The preparation of the soil within the road right-of-way shall include excavation
of material detrimental to plant grow th. Best managementpractices shall be used fo r
proper soil preparation and drainage of the site.The water source for the roadway
landscaping may originate from the developer's project so long as there is a publicly
recorded access easement in favor of theCity of Palm Beach Gardens to the wate r
source. The electrical service shall have its own meter.
(2) The developer shall be responsible forobtaining all permits through the appropriate
agencies. If necessary, the cityshall act as the permittee on behalf of the developer to
facilitate any required permit with the state or the county.
(e) Maintenance. The developer and its successors, or assigns shall be responsible for the
roadway landscaping maintenance. Landscaping maintenance shall be performed in
accordance with applicable state and/or county engineering standards stated in section 62-215
of the City Code. In addition to these standards , the city'slandscape maintenance code, section
78-329, and maintenance standards providedwithin the landscape handbook, shall control.
Where these standards conflict, the stricter standard shall control. The intent of this section is to
have the roadway maintained to the same standard as the adjacent development landscaping,
including weeding the median concrete bu llnose areas. As new developments ormajo r
amendments to approved developments occur adj acent to existing roadway beautification
projects, the cost to maintain the common median shall be sharedbetween the property owners
on both sides of the roadway, per conditions o f development approval or separate agreements,
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unless otherwise provided in thedevelopment or der. The city shall disclose to all parties any
maintenance agreements between developments upon request, but it shall be the property
owner's responsibility to coordinate the maintenance and the shared cost thereof.
(f) Enforcement. Failure to install and maintain roadway landscaping, including plant
replacement, shall be a violation of this section as well as development order conditions, i f
applicable. Roadway landscaping and maintenance occurring within state, county or city rights-
of-way shall be enforced as provided in article VII.
(g) Nonconformities on city-owned roads. Any landscaped public road right-of-way dedicated
to the City of Palm Beach Gardensafter May 1, 2002, which falls into a nonconforming status
due to changes to Palm Beach County's Streetscape Standards in the future, shall be corrected
during regularly scheduled roadway improvements for said road, unless otherwiseapproved by
the city council. Future roadway designs shall attempt toincorporate existing vegetation,
including trees and palms, into the roadim provements through creative engineering and/or new
landscaping to replace removed vegetation.
(Ord. No. 17-2000, § 165, 7-20-00; Ord. No. 26-2002, § 3, 10-17-02)
Sec. 78-325. Enforcement.
The code enforcement board is granted jurisdiction for enforcement of this article.
(Ord. No. 17-2000, § 166, 7-20-00)
Sec. 78-326. Exemptions.
(a) Nurseries. All licensed plant or tree nurseries or tree farms shall be exempt from the terms
and provisions of this article, but only with respect to those trees planted and growing which are
for sale or intended sale to the general public in theordinary course of the licensee's business.
The buildings and parking lots shall adhere to all requirements of this division.
(b) Surveyors. The limited removal of understory vegetation by a state-licensed land surveyo r
in the performance of duties is exempt from the terms and provisions of this article. The swath
cleared to perform such shall not exceed five feet in width.The surveyor shall not have the right
to cut a tree three inches in diameter or gr eater without written consent from the city.
(c) Emergencies. The requirements of this article may be waived by the city manager to
facilitate the removal of trees or vegetati on when a state of emergency has been issued for the
city.
(d) Soiling borings and percolation tests. Theclearing of a path to provide vehicular access
necessary to conduct soil percolation or soil bore tests on land is exempt from the terms and
provisions of this article. However, the path shall not to exceed ten feet in width. Theclearing o r
removal necessary to create the path shall be conducted under the direction of a state-
registered surveyor or engineer.
(Ord. No. 17-2000, § 167, 7-20-00)
Sec. 78-327. Tree an d plant installation.
(a) Minimum plant quality. Plantquality for all required landscaping shall be Florida No. 1 o r
better, as provided in Grades and Standards for Nursery Plants, Part I and Part II, asamended,
as published by the Florida Department of Agricu lture and Consumer Services. An alternative
landscape improvement plan, as permitted by thisarticle, may propose to use plant materials
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that do not meet the Florida No. 1or better standard in order to relocate trees, create a
transition area between landscaped areas and pr eserve areas, or for design effect. All
vegetation shall be clean and free of noxious pests or disease.
(b) Preferred species list. A preferred species list shall be prepared by the city, periodically
revised, and distributed to the public upon request. This species list shall, to the greatestextent
possible, represent plants that are:
(1) Drought tolerant;
(2) Adapted to cold weather;
(3) Commercially available;
(4) Native or naturalized;
(5) Noninvasive and not destructive to native plants; and
(6) Strong wooded, and not brittle.
(c) Installation. All landscaping shall be installed with sound workmanship and sound nursery
practices in a manner that will encourage vigorous growth.
(d) Root barriers. The city shall require root barriers for trees planted within 15 feet of any road
right-of-way, sidewalk, or utility. The intent of this requirement is to protect infrastructure,
including sidewalks, from street trees shown on approved plansand from trees that are known
to create root problems in South Florida. Anapplicant for a building permit may provide written
justification to waive the requirement for root barriers. Such waivers shall be approved or denied
administratively by the growth management department. Waivers that are deniedmay be
appealed to the planning, zoning, and appeals board.
(Ord. No. 17-2000, § 168, 7-20-00; Ord. No. 17-2004, § 5, 6-3-04)
Sec. 78-328. Pruning.
The pruning standards in this article shall apply only to allnonresidential uses and to common
areas in all planned developments and within developments of regional impact.
(a) Crown reduction. Crownreduction of shade trees shall be prohibited until the tree
canopy has reached at least 15 feet in diameter, excluding the following:
(1) To remove limbs or foliage presenting ahazard or in conflict with a crime
prevention program;
(2) To remove dead or diseased limbs;
(3) To reinforce strength of form, or
(4) In association with tree or palm relocation work.
After a tree canopy reaches 15 feet in diameter, crown reductionshall only be permitted as
incidental when correct pruning standards are usedand when there are constraints such as but
not limited to power lines and structures.
(b) Plant characteristics. Plantcharacteristics shal l be reviewed during the approval
process for landscape plans to prevent conf licts with building des ign, signage, utilities,
and drainage. Unless otherwise approved by the city, trees shall be allowed to growto a
shape and size typical of their species throughout their life cycle.
(c) Pruning standards and requirements. Thefollowing are general pruning standards
and requirements established for the city.
(1) Hatracking. Hatracking is prohibit ed. For thepurposes of this article,
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hatracking is defined as one or more of the following actions:
a. Flat-cut the top or sides of a tree, severing the leader or leaders;
b. Make internodal cuts; prune a tree by stubbing off mature wood large r
than three inches in diameter; or
c. Reduce a mature tree's total circumference or canopy spread by one-
third or more.
(2) Palm trees. Pruning palm trees shall belimited to dead fronds and up to
one-third of the green fronds and seed pods.
(3) Maximum limb pruning. Maximum limb pruning,or severely cutting back
lower branches to increase sight visib ility fromunderneath a tree's canopy, shall
not exceed 13.5 feet from the ground level to the collar of the first limb.
(d) Alternative canopy shapes. Ifother than the normal expected tree canopy shade
and size is desired by theowner of the trees, the desired shape and size shall be
indicated on the approved landscape plan. If a desired shape and size is not noted on
the approved landscape plan, trees shall be al lowed to grow to their natural shapeand
size. Landowners can request that their approved site plans be amended toallow tree
shaping if any of the following conditions apply:
(1) A tree or trees are located in a constrainingsituation, such as under powe r
lines; or
(2) A tree or tree's unnatural shape is to beused as an accent or focal point in a
landscape design, but not for the totallandscape design. A maintenance
commitment must be clearly outlined on thelandscaping plan to explain the care
and upkeep of unnaturally shaped trees.
(e) Performance. Pruningshall be performed by a person or tree service that is
knowledgeable with the latest standards of t he National Arborist Association. Copies o f
these standards are included in the city's landscape handbook. All tree service
companies shall obtain a city occupational li cense, or applicable countywide license.
(f) Violations. Excessivepruning, such as hatracking, may be considered tree abuse
and a code violation by the city's code enforcement board. Each tree hatracked shall be
considered a clear and separate violation, with a maximum fine of $250.00 for the first
tree and a maximum fine of $250.00 for eac h additional tree. If the city's code
enforcement board has made a previous determination that a person has violatedthis
article, then such person may be charged wi th a repeat violation. A maximumfine o f
$500.00 for the first tree and a maximum fine of $500.00 for each additional tree shall be
set by the city's code enforcement board for r epeatviolation of this article. In determining
the correctness of particular treepruning techniques, the city shall use the current
edition of the "Pruning Standards for Shade Trees," published by the National Arbors
Association, or any future national standard on shade tree pruning. Tree replacement
may be required by the code enforcement board.
(Ord. No. 17-2000, § 169, 7-20-00)
Sec. 78-329. Maintenance.
(a) Required. All landscape areas shall be maintai ned on a regular basis, to include weeding,
watering, fertilizing, pruning, mowing, edging, mulching, replacement of dead ormissing
landscaping, removal of prohibited plants, and other horticulturalpractices that are needed to
keep landscaping in good condition, free fromdiseas e, insect pests, weeds, refuse, and debris.
Landscape maintenance shall becarried out in a manner that will not disrupt, inconvenience o r
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endanger any member of the public, or pedestrian, or motor vehicles. City recommendations fo r
general maintenance specifications are cont ained in the City of Palm BeachGardens
Landscape Handbook.
(b) Condition at installation. Plantsshall be alive and in good condition at the time of issuance
of the certificate of occupancy. It shall be the responsibility of the property owner to replace
landscaping and maintain landscaping throughout the life of the project.
(c) Irrigation.
(1) Standards. All landscape areas, except thoseareas composed of existing native
plant communities, shall provide an irrigati onsystem plan. The irrigation system shall be
designed and installed in accordancewith the Florida Irrigation Society Standards and
Specifications for Turf andLandscape Irrigation Systems, as amended from time to time.
Irrigation systems shall be designed and maintained to obtain the following results:
a. Eliminate the wasteful use of water;
b. Eliminate staining of buildings, walks, wallsand other site improvements
including landscaping;
c. Provide a minimum of 100 percent coverage,including the capability o f
applying water onto turf areas on a differentsaturation level than that used to
irrigate shrub-planting beds; and
d. Eliminate water overthrow onto nonpervious areas.
(2) Irrigation plan. An irrigation plan, unlessotherwise provided herein, shall be
required as part of an overall landscapingplan. The irrigation system plan shall be a
minimum scale of one inch equals 30 feet.
(3) Rain sensors. A rain sensor, to sw itch offirrigation during wet periods, shall be
required on all irrigation systems.
(4) Xeriscape. The city encourages the properchoice of plants for water conservation
in landscaping as set forth in the SouthFlorida Water Management District Xeriscape
Plant Guide.
(d) Ponds and water management areas. Themaintenance of ponds, or any wate r
management area and retention or detentionarea shall be the responsibility of the landowner.
Such areas shall be kept in a neat and clear appearance, free of exotic aquatic vegetation and
algae.
(e) Maintenance of hazardous landscaping.
(1) Notice and removal. A property owner shallremove a tree or palm after receiving
written notice from the city indicatingthat the tree or palm has died and all or part of the
tree or palm could fall and cause harm to pers ons or property. If the tree or palm is not
removed within 30 days, the city shall c onsider or declare the tree or palm a public
nuisance and shall take appropriate action to remove the tree or palm. The full cost o f
removing a tree or palm shall be paid by the property owner.
(2) Hazards to buildings. Landscaping removed dueto a potential hazard to a building
shall be replaced to comply with theapproved landscape plan or with the requirements
of this division, or to the greatest extent possible if an approved landscape plan is not on
file with the city.
(3) Hazards to persons. Landscaping removed dueto a health or safety problem to
persons shall be replaced to meet the intent ofthe approved landscape plan, or with the
requirements of this division to thegreatest extent possible. For example, if a concept
from Crime Prevention Through Environment al Design (CPTED) could prevent a
problem, alternative plantscould replace existin g landscapin g to create a safe r
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environment.
(4) Replacement of dead or diseased landscaping.Landscaping removed due to its
death, disease, damage or insect-infestationshall be replaced to comply with the
approved landscape plan, or with therequirement s of this division to the greatest extent
possible if an approved landscape plan is not on file with the city.
(Ord. No. 17-2000, § 170, 7-20-00)
Sec. 78-330. Protecti on of root systems.
(a) Protection. The root system of existing trees shall be protected during construction by
barricades acceptable to the city forester.
(1) Protective barriers. Prior to land cl earingor construction, the developer shall erect
and maintain protective barriersconstructed of metal, wood, or other durable material
around the drip line of all trees, clusters of trees, or preserve areas to be protected.
(2) Storage of materials. Storage of ma terial,equipment, debris, or fill shall not be
permitted within the protected barrier.
(3) Toxic materials. Cleaning or storage ofequipment, disposal of liquid or solid wastes,
including paint, oil solvents,asphalt, concrete, mortar, and similar toxic materials, shall
not be permitted within the protective barrier.
(4) Wires. Attachments or wires, other than thoseof a protective nature, shall not be
attached to any protected tree.
(5) Standards. In determining the appropriatenessof particular protection techniques,
the city shall use the current edition ofthe Tree Protection Manual for Builders and
Developers, published by the StateDivisi on of Forestry, Florida Department o f
Agriculture and Consumer Services.
(Ord. No. 17-2000, § 171, 7-20-00)
Sec. 78-331. Clea r cutting of trees.
(a) Prohibited. Clear cutting of trees, including agriculture, timber or pulpwood harvesting, is
strictly prohibited. For the purposes of this secti on, clear cutting is theremoval, in total or in part,
of a stand of trees from a parcel or tract ofland. Forestry practices known to provide substantial
benefits or protection and that conform to the city's environmental preservation standards may
be allowed with a plan prepared by the state forest service or professional forester, andwith the
approval of the city council.
(Ord. No. 17-2000, § 172, 7-20-00)
Sec. 78-332. Littor al planting zones.
(a) Required. Littoral planting is required on lakes whose water surface is larger than one acre
in size. The littoral planting zone is, at a minimum, an area that extends ten feet into a lake from
the shoreline and extends a maximum of fi ve feet upland from the shoreline.
(1) Minimum planting area. At least 50 percent ofthe shoreline shall be planted with
wetland trees and/or aquatic plants at tensquare feet of littoral zone for every one linea r
foot of shoreline.
(2) Minimum planting standards. There shall be aminimum of one tree for every 80
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square feet, and plants shall be on a minimum of three-foot centers.
(3) Slope. Shelf slope and size shall be noted onthe landscape plan in the form of a
cross section drawing and respectivespec ifications based on actual plant and tree
requirements.
(Ord. No. 17-2000, § 173, 7-20-00)
Sec. 78-333. Vari ance procedure.
(a) Intent. This article is not intended to cause undue hardship to those individuals o r
corporations who can demonstrate that the requi rements contained in this articlewill reduce
required parking, or substantially restrict in any way theoperations of the business or property's
use.
(b) Procedure. The variance procedure for standards of this article shall be the same as
contained in section 78-53.
(Ord. No. 17-2000, § 174, 7-20-00)
Sec. 78-334. Nonconfo rming landscape areas.
(a) Legal nonconformities established. Withthe exception of sites that have been modified
without city approval, any parcelof land which is the subject of a current valid development
order or upon which a structure has been erected prior to the effective date of the ordinance
from which this section derives and does no t meet all or part of the minimumlandscape
requirements in this division shall be considered a legal nonconformity.
(1) Requirements for existing sites.
a. The city shall use approved landscape plans ordevelopment orders as the
minimum landscape installation standard and requirement for a developed site.
b. If an approved landscape plan is not on filewith the city, the existing
landscaping becomes a living plan of record and as such has the same
standards and protection as allowed under provisions set forth in this article,
similar to a landscape filed with and approved by the city.
(b) Maintenance. Nonconformingareas are not exempt from minimum maintenance
standards.
(c) Development order amendments. Ifan applicant for an amendment to a development
order, including a site plan, PUD, PCD, or site plan within a PCD requests an amendment to the
approved site plan, the city shall at the time of the final development order approval requirethe
nonconforming landscaping and open space to comply with this division, or through approval o f
a variance or waiver meet the intent of landscapingrequirements contained herein. The
following types of amendments to the siteplan sha ll require the review of the landscape plan fo r
the entire site using the minimum landscape standards in this article:
(1) Increase the total square footage of any building by more than five percent;
(2) Increase the number of structures;
(3) Increase the number of residential dwelling units;
(4) Increase the building height of any building; or
(5) Increase the traffic impact,
(6) Alter required parking; o r
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(7) Change in traffic circulation.
(d) Nonconformities established. Allnonresidential development constructed prior to
November 1, 1999, or annexed after November 1, 1999, which does not have a landscape plan
approved by PalmBeach Gardens or Palm Beac h County on record with the City of Palm
Beach Gardens shall be considered nonconforming.
(1) Notice of nonconforming status. Upon theeffective date of this article or upon the
future annexation of properties, thecity s hall contact the owners of all properties
developed for nonresidentialpurposes that do not possess an approved landscape plan.
The notice shall inform the property owners that the property is being placed in a
nonconforming status due to the lack of an approved landscape plan. The owner o f
nonconforming property shall have two years from the date of the nonconforming notice
to comply with the requirements set forth in this article. Written notice to theproperty
shall be provided by certified mail.
(2) Failure to comply. If after two years thenonconforming property has not been
brought into compliance with therequirements set forth in this section, the city manage r
or designee shall mail a certified letter to the owner of the property stating the violation. I f
the property owner shall refuse or fail to comply within 30 days from the date ofreceipt
of the violation letter, at the discretion of the city manager, the code enforcement division
shall institute code enforcement proceedings.
(3) Variance. The owner of any property which isplaced in a nonconforming status
pursuant to this section shall have the rightto petition for a variance as set forth in
section 78-53. The requirements ofthe city manager to enforce this section shall be
abated during the pendency of a petition for a variance.
(e) Minimum landscape requirements. Minimumlandscape requirements for nonconforming
landscaping areas are established below.
(1) Landscape strip. A landscape strip or bufferis required along the entire perimeter o f
all storage, parking, display, sale or accessory vehicular use areas.
a. A landscape strip or buffer shall be a minimumof five feet in depth, provided
that a landscape strip of 15 feet in depth shallbe required on property located
along the frontage which is contiguous to public street rights-of-way.
b. Landscape strips or buffers adjacent to public rights-of-way shall contain one
tree for each 20 linear feet or fractionthereof, with a minimum of two trees on
any one street frontage. Landscapestrips or buffers not adjacent to public streets
shall contain one tree for each 40 linear feet or fraction thereof.
c. A hedge shall be planted within a landscapestrip or buffer along the outside
perimeter of all storage, parking, display,sales, and interior parking within 50 feet
of a public street or right-of-way orany portion thereof. The balance of the area
shall contain grass.
(2) Palms. Palms planted in perimeter landscapestrips or buffers shall be installed in
groups of no less than three. Each palmused in interior planting shall be considered to
be one tree.
(3) Off-street parking areas. Off-street parkingareas providing 12 or more interio r
parking spaces shall be landscaped with amin imum of 20 square feet of landscape area
for each parking space. Eachlandscape areas installed pursuant to this requirement
shall comply with the following:
a. Each area shall contain a minimum of 50 square feet;
b. Each area shall contain a minimum of one tree;and
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c. The balance of the area shall contain grass.Tothe extent possible, landscape
areas shall be located uniformly throughout theparking area. All landscape
areas, strips, or buffers shall, when a parkingspace lies immediately adjacent
thereto, be protected by curbs or wheel stops.
(4) Specifications. The minimum plantspecifications and landscaping maintenance
requirements as provided elsewhere inthis article shall apply to all landscaping
materials installed pursuant to this division.
(Ord. No. 17-2000, § 175, 7-20-00)
Secs. 78-335--78-340. Reserved.
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Chapter 79 PROPERTY MAINTENANCE STANDARDS*
__________
*Editor's note: Section 6 of Ord. No. 6, 2006, adopted May 4, 2006, provided for an effective date of
Nov. 1, 2006.
__________
Sec. 79 -1. Purpose and scope.
Sec. 79 -2. Definitions.
Sec. 79 -3. Inspection.
Sec. 79 -4. Code enforcement special master; alternative means of enforcement.
Sec. 79 -5. Maintenance and appearance standards for all structures and landscaping.
Sec. 79 -6. Responsibilities of owners and operators of dwellings, hotel units, and rooming houses for let.
Sec. 79-1. Pu rpose and scope.
The purpose of this chapter is to establish uniform minimum standards for the occupancy and
maintenance of dwellings, hotels, and rooming hous es, as well as commercial, industrial, and
institutional structures located in the City of Palm Beach Gardens. Theobjective of the standards of this
chapter is to improve, preserve, and maintainthe bu ildings and structures of the city and to eliminate
blighting influences, wherever possibl e. Every building or structure in the city that is subject tothe
provisions of this chapter shall conform to the requirements of this chapter regardless of when the
building or structure may have been constructed, alte red,or repaired. This chapter does not replace o r
modify standards of other codes or ordinances regul ating the construction, replacement, or repair o f
buildings or unsafe structures, but shall operate in conjunction with the standard Florida Building Codes
and all other technical codes as adopted by ordinance.
(Ord. No. 6, 2006, § 2, 5-4-06)
Sec. 79-2. Definitions.
The following definitions shall apply in the interpretation and enforcement of this chapter:
Building. Any structure that encloses a space used for sheltering any occupancy. Each
portion of a building separated from other porti ons by a fire wall shall be consideredas a
separate building.
Deterioration. The condition or appearance of a building, or parts thereof, characterized
by holes, breaks, rot, crumbling, cracking, peeli ng, rusting, or other evidence of physical decay,
neglect, or lack of maintenance.
Dwelling. Any building which is wholly or parti ally used or intended to be used for living,
sleeping, cooking, eating, and sanitation, providing that temporary housing ashereinafte r
defined shall not be regarded as a dwelling.
Garbage. The animal and/or vegetable waste resulting from the handling, preparation,
cooking, and/or consumption of food; and wastepaper, plastic, or related materials usedin the
packaging and preparation of foods.
Good state of repair; good repair. Astructure which is safe and habitable for its ordinary
and intended use, and the materials used therein, or any fixture related thereto, must be sound,
stable, and performing the function for which intended.
Good condition. The item is fully and safely operable for the use for which it was
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intended.
Hotel unit. Any room or group of hotel rooms forming a single habitable unit used o r
intended to be used for living and sleeping and which may not be used for cooking andeating.
For the purpose of this chapter, motel units and dormitory-type sleeping accommodations shall
be included in this category.
Infestation. The presence of insects, rodents, vermin, or other pests within o r
contiguous to a structure or premises.
Nuisance. Anything that endangers life or health, gives offense to the senses, obstructs
reasonable use of any property, or any act or activity prohibited by general, special, orlocal
laws.
Occupant. Any person living, sleeping, cooking, or eating in, or having actual
possession of a dwelling, dwelling unit, hotel unit, or rooming unit.
Operator. Any person who has charge, care, or control of a building or structure, or part
thereof, which is subject to this Code.
Owner. Any person who alone or jointly has legal title to any building or structure, o r
part thereof, which is subject to this Code.
Person. Any individual, firm, corporation, association, partnership, or other legal entity.
Rooming house. Any building or portion thereof containing guest rooms where rent is
paid and guests are not transient. For the purpose of this chapter, boarding houses are included
in this category.
Rooming unit. Any room or group of rooms forming a single habitable unit used o r
intended to be used for living and sleeping, but including a kitchen.
Rubbish. All combustible and noncombustibl e waste materials, except garbage,
including, but not limited to, non-operating toys, bicycles, motorcycles, automobiles,mechanical
equipment, and machines, or parts thereof.
Structure. That which is built or constructed.
Temporary housing. Anytent, trailer, or other structure used for human shelter which is
designed to be transportable and which is not attached to the ground, to another structure, orto
any utilities systems on the same premises for more than 30 consecutive days.
(Ord. No. 6, 2006, § 2, 5-4-06)
Sec. 79-3. Inspection.
(a) The City of Palm Beach Gardens Code Enfo rcement Division, through its code inspectors,
is hereby authorized to inspect, from time to time, all dwellings, hotels, rooming houses,and
commercial, industrial, and institutional structures that are subject to the minimum property
standards of this chapter. When a code inspector is required toenter onto private premises to
make an inspection, he/she shall do so with theconsent of the owner, operator, lessee, o r
occupant. In the event consent toenter the premises is withheld, the code inspector may make
application to the proper court for an order allowing access to the premises.
(b) Inspection of all buildings or structures shall be made during reasonable hours. If there is
cause to believe an immediate threat exists to the health, welfare, or safety of persons in o r
about any building or structure, an inspection may be made at anytime.
(Ord. No. 6, 2006, § 2, 5-4-06)
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Sec. 79-4. Code enforcem ent special master; alternat ive means of enforcement.
The City of Palm Beach Gardens Code Enforcem ent Special Master, pursuant to itsauthority
under Chapter 2 of the City of Palm Beach Gardens Code of Ordinances, and under Chapter 162,
Florida Statutes, shall have jurisdiction to hear and decide cases in which violations of this Code are
alleged; provided, however, that alternatively, the city may utilize the citation method of code
enforcement or any other lawful m eans available, at its discretion.
(Ord. No. 6, 2006, § 2, 5-4-06)
Sec. 79-5. Maintenance and appearance st andards for all struct ures and landscaping.
(a) The owner and operator of all real propertieswithin the city shall maintain the exterior of the
premises in such a manner to conform with al l city codes and ordinances; to avoid blighting
influences on neighboring properties; and to avoid the creation of hazards to public health,
safety, and welfare. Properties shall be maintained in accordance with the following standards:
(1) The exterior of all premises and ever y structurethereon, including all parts of the
structure and appurtenances where exposed topublic view, shall be maintained in good
condition and shall not show evidenceof deterio ration, weathering, discoloration, ripping,
tearing, or other holes orbreaks. All screened enclosures shall be properly fitted and
maintained. All other surfaces shall be mainta ined free of broken glass, crumbling stone,
brick, or stucco, or other conditions reflective of deterioration or inadequate
maintenance.
(2) All surfaces requiring paint or which areotherwise protected from the elements shall
be kept painted or protected.Painted surfaces shall be maintained free of graffiti and
void of any evidence of deterioration.
(3) All off-street parking spaces shall be asphalt,concrete, block, or other surface o r
material approved by the city, and shall besmooth surfaced and in good repair in
compliance with city codes.
(4) Only one principal color may be used on eachstructure, excluding those used to
accent architectural features and/or trim,except where more than one principal color is
expressly approved by a separate development order.
(5) Property adjacent to dwelling structures shall bekept free from growth of weeds,
rubbish, trash, and other refuse, andlandscaping shall be maintained in good condition
consistent with the requirements of section 78-329 of the Code of Ordinances. Provided,
however, that the irrigation requirements of section 78-329 shall not be interpreted to
require existing residential properties to inst all irrigation if such installation was not
required at the time the property was developed.
(6) The entire yard where exposed to public view mustbe kept free of debris and
accumulations of property and equipment which presentan unsightly appearance from
usual vantage points on adjacent streets andproperties. Outdoor storage and the area
used for such storage shall bemaintained in a clean, neat, and presentable manner.
Outside storage shall beconfined to the required rear or side yard setback between a
building and an adjacent street or building.
(7) The exterior premises shall be maintained so as toprevent the accumulation o f
stagnant water thereon.
(8) The exterior premisesshall remain free of hazards which include, but are not limited
to, the followin g :
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a. Dead and dying trees and limbs.
b. Loose and overhangingobjects which, by reason of location above ground
level, constitute a danger of falling on persons in the vicinity thereof.
c. Holes, excavations, breaks, projections, or obstructions.
d. Excretions of pets and other animals on paths,walks, driveways, parking lots,
and parking areas, and other parts of th epremises which are accessible to o r
used by persons on the premises.
e. Inadequate runoff drains for stormwater.
f. Sources of infestation of rodents, vermin, and other pests.
(b) Structures shall be kept in a clean and sanitarycondition and in a good state of repair,
including all equipment, sanitaryfacilities, yards, courts, driveways, lawns, and shrubbery. The
owner and occupant shall prevent the infestation of rodents, vermin, and other pestswithin the
structure he/she occupies or controls.
(c) The owner and operator shall prevent animals or pets from creating an unsanitary condition
or a nuisance on any premises in the owner's or operator's control.
(d) Repairs and installations shall be made so as to comply with the provisions of the Florida
Building Code and all other applicable regulations, laws, and/or codes. All work shall proceedin
a timely fashion and be done in a workmanlike manner.
(Ord. No. 6, 2006, § 2, 5-4-06)
Sec. 79-6. Responsibilities of owners and oper ators of dwellings , hotel units, and
rooming houses for let.
The owner or operator of every dwelling unit,hotel unit, or rooming house for let shall, jointly
and severally:
(1) Be responsible for the sanitary and safemaintenance of all equipment, furnishings,
walls, floors, ceilings, and otherbuilding parts, and the entire premises, including yards,
courts, driveways, lawns, and shrubbery.
(2) Provide shades, draperies, or other dev ices ormaterials for all windows which,
when properly used, will afford privacy to the occupants of the unit.
(3) Be responsible for the prompt and sanitarydisposal of all garbage and trash
through the use of approved mechanicalequip ment or by placing all garbage and trash
in required containers; anddisposal of rubbish, garbage, lawn and shrubbery cuttings,
leaves, and other waste material as provided by applicable law.
(Ord. No. 6, 2006, § 2, 5-4-06)
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