ORDINANCE 876ORDINANCE NO. 26 -75 -876
AN ORDINANCE OF THE CITY OF SOUTH MIAMI,
FLORIDA, AMENDING SECTION 1 OF ORDINANCE
NO. 20 -71 -724, HERETOFORE ADOPTED AS THE
OFFICIAL ZONING ORDINANCE OF THE CITY OF
SOUTH MIAMI, FLORIDA, BY ADDING THERETO
ARTICLE XV, WHICH ARTICLE SHALL BE ENTITLED
"VEHICULAR USE AREA LANDSCAPING" AND SHALL
CONTAIN AREA LANDSCAPE REGULATORY CONTROLS
AND REQUIREMENTS, INCLUDING PURPOSE,
DEFINITIONS, PROCEDURES AND OTHER LEGAL
PROVISIONS.
WHEREAS, the Zoning Task Force has suggested certain
amendments to the City's Zoninq Code, and
WHEREAS, the City Council of the City of South
Miami has referred the amendments to the Planning Advisory
Board of the said City for its recommendations, and
WHEREAS, the said Planning Advisory Board has duly
considered the ,suggested amendments and has made certain
recommendations thereon.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND
CITY COUNCIL OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That Section 1 of Ordinance No.
2.0 -71 -724, heretofore adopted as the Official Zoning Ordinance
of the City of South Miami, Florida, be, and the same is
hereby amended by changing the first sentence of said Section
1 to read as follows:
"Section 1. That the attached regulations
consisting of Articles I through XV, being a part
of this Ordinance, be and is hereby adopted as
the Official. Zoning Ordinance of the City of
South Miami, Florida."
Section 2 That Section l of Ordinance No
20-71:-724, heretofore adopted as the Official Zoning Ordinance
of the city of South Miami, Florida, be, and the same is hereby
amended by adding thereto immediately after Article XIV the
following new Article, to be known an "Article XV '*, to-wit:
"A ICL9 xv
VMCULAR 09P, AM tdV4baCAP1Nr,
GENERAL PROVISIONS
I. INTENT AND PURPOSE
This Ordinance is intended to assure that for all
development and /or redevelopment within the City of South Miami,
Florida, other than single or two family residential, where'
vehicular use areas such as off- street parking and open lot
sales, display and service areas are provided, a portion of such
areas be devoted to landscape beautification and natural plant
growth. The purpose of this requirement is to improve the
appearance, environment, character and value of the total urban
area, and to protect nearby properties, thereby promoting the
public health, safety and general welfare.
II. DEFINITIONS
For the purpose of this Ordinance, certain words and
terms. used herein shall be defined as follows:
1. LANDSCAPING: Landscaping shall consist of any of
the following or combination thereof: material
such as but not limited to grass, ground cover,
shrubs, vines, hedges or trees and non - living
durable material commonly used in landscaping,
such as but not limited to rocks, pebbles, sand,
walls or fences, but excluding vehicular paving.
Decorative statues or symbols are permissible, but
shall not substitute for any requirement.
2. ENCROACHMENT: Encroachment is defined as a protrusion
of a vehicle outside of a parking space, display
area or accessway into a landscaped area.
3. ACCESSWAY: An accessway is a driveway which traverses
the perimeter of a vehicular use area, thereby
connecting said area with and providing access to an
abutting street, alley or other vehicular use area.
The maximum width of any single accessway shall be
not more than thirty (30) feet. One accessway shall
be permitted for each one hundred (100) feet of street
and alley frontage, such standards to be applicable
to any property or adjacent properties; under one
ownership. Where a vehicular use area abuts more
than two (2) streets and /or alleys, the maximum
collective width of all accessways permitted shall not
exceed a distance greater than thirty (30) per cent
of the total, combined width of the two frontages of
greatest distance. The balanc° of such perimeter
buffers not utilized for accessways shall, be landscaped
in accordance with the PrOVisions set forth in Section
IV-3 of this ordinance.
4. VEHICULAR USE AREAS: Vehicular use areas shall
include all areas used for the circulation, parking'"
and /or display of any and all 'types of vehicles, .
boats, or heavy construction equipment, whether
self - propelled or not, and all land upon which
vehicles traverse as a function of the primary uses,..
This shall include but not be limited to activities
of a drive -in nature such as service stations,
convenience stores, banks, restaurants and the like.
Only driveways and parking spaces serving single
family and two- family residential uses shall be an
exception to this definition.
5. PLANT MATERIAL: Plant material to be used in
conformance with this Ordinance shall conform to
the standards for Florida No. 1, or better, as
given in the currrent 'Grade and Standards for
Nursery Plants,' State of Florida, Department of
Agriculture, Tallahassee, or equal thereto, and
shall be defined as follows:
a. Trees: Trees shall be defined as self-supporting,
woody, perennial plants which normally grow to a
minimum height of twenty (20) feet with a mature
crown spread of twenty (,20) feet or greater in Dade
County and having trunks which can be maintained with
over seven (7) feet of clear trunk. Trees having an
average mature crown spread of less than 'twenty (20)
feet may be substituted by a grouping of the same so
as to create the equivalent of a twenty (20) foot
crown spread. All required trees shall have a minimum
diameter at breast height (D.B.H.) of two (2) inches at
time of planting and be a minimum of ten (;10) feet in
height. The number of different species of trees
required shall be as follows:
Required Number of Trees Minimum Number of ;Species
1 -10 1
11-30 2,
31 -60 3
51 -100 4
101 -over 5
Only trees of native or exotic broadleaf species shall
count to the requirements of this Ordinance.
Native
Broadleaf Species
Live Oak (QUercus Virginiana)
Slack Olive Mucida buceras)
Mhhoganp (Swietenia mahogani)
Laurel Oak (QUercus laurifolin)
Geiger Tree (Cordia. sebestene)
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Pigeon Plum (Coccolobis diversifolia)
Silver Buttonwood (Conocarpus erectus
variety sericeus)
Sea 'Grape (Coccolobis uvifera)
Satin Leaf (Chrysophyllum oliviforme).
Paradise Tree ('Simarouba glauca)
Pitch Apple (Clusia rosea)
Yellow Elder (Stenolobium stans)
Cherry Laurel ('Prunnus caroliniana)
Bontia ( Bontia daphnoides)
Sweet Acacia (Acacia farnesiana;)
Buttonwood (Conocarpus erectus)
Exotic t
Broadleaf species
Beauty'Leaf (Calophyllym ionophyllum)
Vitex ( Vitex quinata)
Queens Crape Myrtle (Lagerstroemia speciosa)
Tree of Gold (Tabebua argentea)
Pink Tabeuia (Tabebuia pallida)
Golden Shower (Cassia fistula)
Bottle Brush (Callistemon ;species)
Buttercup Tree (Cochlospermun vitifolium)
Toog (Bischofia javanica)
Noronhia (Noronhia emarginata)
Pongam (Pongamia pinnata)
Sapodilla (Achras sapota)
orchid Tree (Bauhinia species,)
Lace Flower (Pithecellobium dulce)
Fern 'Podocarpus (Podocarpus gracilior)
b. Shrubs and Hedges: Shrubs and hedges are self
supporting, woody, evergreen species and shall be a
minimum of two (2) feet in height, except as 'otherwise
required herein, when measured immediately after
planting. Hedges, where required, shall be planted
and maintained so as to form a continuous, solid
visual screen within a maximum of one (1) year after
time of planting. Spacing of plants shall be no more
than two and one -half (2 -1/2) to three (3) .feet on
center, depending on species.
C. Ground Covers: Ground covers include plant materials
Which reach a maximum height of not more than twelve
(12) inches and may be used in lieu of grass. Ground
covers must present a finished appearance and
reasonable complete coverage six (6) months from time
of planting.
d. Vines. Vines are slants which normally require support
to reach mature form. They shah, be a minimum of
thirty (30) inches in height immediately after planting
and may be used in conjunction with fences, screens
J
or walls to meet physical barrier requirements as
specified,.
e. Lawn Grass: Grass shall include all species normally
grown as permanent lawns in Dade County. Grass may be
solid sodded, plugged, sprigged or seeded, except that
solid sod shall be used in areas subject to erosion.
In areas where other than solid sod or grass is used,
nurse -grass seed shall be sown for immediate effect
and ;protection until coverage is, otherwise achieved.
Grass sod shall be clean and reasonably free of weeds'
and noxious pests or disease.
III. PROCEDURES'
Areas subject to the provisions-of this Ordinance and
the method of procedure areas follows:
1. AREAS SUBJECT TO PROVISIONS OF THIS ORDINANCE:
All vehicular use areas, except those which are
located within or beneath structures and those serving
single and two - family residential uses, shall conform
to the minimum landscaping requirements hereinafter
provided by this Ordinance.
2. PERMIT REQUIRED: Prior to the development of any
vehicular use area, a,permitimist be obtained from the
Building Department. Issuance of this permit is
contingent upon the following
a. Subsmission of Plans: The developer must submit to the
City two (2) copies of a combination site plan -
landscape plan. Said plan, hereafter referred to as
a 'Vehicular Use Area Landscape Plan', shall be
required for all proposed vehicular use areas. When
the vehicular use area is relative to a proposed
structure, the vehicular use area landscape plan shall
be submitted by the time of submittal of building plans
for said structure.
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b. Presentation Requirements: The name, address and
' telephone number of the owner and of the designer
shall be indicated on the plan. Said plan shall be
drawn to suitable ;scale, indicate all internal and
property line dimensions, reflect the date and north
arrow, and delineate existing and proposed parking
spaces, accessways, driveways, sidewalks, wheel stops,
""rbs and other vehicular use controls. The location
of all existing and proposed curb cuts on the subject
property and adjacent properties, median openings on
abutting divided streets, lighting, irrigation system,
proposed planting areas, decorative or screen walls,
existing trees and related buildings shall be shown.
Planting areas must indicate the quantity, quality,
spacing, size and-name (both common and botanical) of
proposed plant material. An exterior elevation and
wall section shall be provided for an decorative screen
wall indicated on the plan.
C. Board Review: All plans and submittals required herein
shall be submitted to the Environmental Review Board
for their review, approval or disapproval. When
approved, a permit shall be issued by the Building
Department in accordance with all other City Codes,
Ordinances and procedures.
3. CERTIFICATION OF COMPLIANCE REQUIRED: Upon completion
of improvements, the vehicular use area shall be
inspected for compliance with the ;approved vehicular
use area landscape plan and other requirements of this
Ordinance. A certificate of compliance must be issued
before a certificate of occupancy can be issued for
any related structure. When occupancy of a related
building is desired prior to completion of the
Vehicular use area, a temporary certificate of
occupancy may be issuers if a financial guarantee
acceptable in farm to the City Attorney is provided;
wh1ch will ensure Compliance Witb the requirements
st101at,ed herein.
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Ill. LANDSCAPE REQUIREMENTS
To ensure that required landscape space in vehicular
use areas is used to its greatest potential in relieving the
monotony of such areas, the following landscape requirements are
specified:
1. INSTALLATION: All landscaping shall be installed in
accord with accepted good planting procedures, with
the quality of plants as Previously described in Section
II.5 Landscaped areas shall require protection from
the encroachment or overhang of parked vehicles. Where
such protection is necessary, reinforced concrete wheel
stops or an approved continuous curbing arrangement of
not less than five (5) inches in height shall be
installed to prevent said encroachment. Concrete wheel
stops, when used, shall be permanently anchored to the
ground and located not less than thirty (30) inches
from the landscaped area. If the thirty (30) inch
vehicular overhang area is left unpaved, it shall be
landscaped according to the provisions of this
Ordinance and the width of the abutting required
perimeter buffer or divider median, whichever is
applicable, may be reduced from five (5) feet to four
(4) feet.
2. MAINTENANCE: The owner(s) or their agent(s) shall be
responsible for the maintenance of all landscaping and
curbing devices which shall be maintained in good
condition so as to present a healthy, neat and orderly
appearance and shall be kept free from refuse and debris.
A permanent water supply system shall be available to
serve all landscaped areas. Said water supply system
shall be provided by the installation of a sprinkler
system and/or hose bibs placed at intervals of not
greater Than fifty (50) feet from any landscaped area,
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If at any time after the issuance of a Certificate of
Occupancy the landscaping of any vehicular use area
to which this Ordinance is applicable is found to be
in non- conformance notice shall be issued to the
owner(s) or their agents(s) that corrective action is
required to be incompliance with this Ordinance and shall
describe what action is necessary to comply. The
owner(s) or their agents(s) shall have thirty (30) days
to fulfill the landscaping requirements. Failure of
compliance within the allotted time shall be considered .
a violation of this Ordinance.
3. PERIMETER LANDSCAPING REQUIREMENTS: The perimiter of
all vehicular use areas shall be landscaped with a
buffer strip which is not less than five (5) feet in
width, except for those portions of the perimeter
abutting structures upon the subject property where
the buffer strip shall be not less than two and one-
half (2 -1/2) feet in width. These buffer strips,
except for those abutting structures, shall include
at least one (1) tree, as defined in Section I,I.5.a.,
for each forty (40) lineal feet, or portion thereof,
of perimeter, excluding accessway widths. Also within
these buffer strips, a hedge, decorative fence or
wall, berm or other durable landscaped visual barrier
shall be installed at a height of not less than two
(2) feet.: Concrete louvered fences shall not be
permitted. Visual barriers of living material shall
be a minimum Of two (2) feet in height and forty (40)
inches on center at time of planting, as described in
Section 11.5.b., in such a manner as to screen the
vehicular use area from adjacent properties or from
public street or alley right -of-way, if such visual
harrier is of non".living material, its height, design,
location and material of construction must be approved
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by the Environmental Review Board and the equivalent
of one shrub or vine shall be planted along each ten
(10) lineal feet of said barrier. The remainder of
the buffer strip, shall be landscaped with grass,
ground cover, shrubs or other treatment, excluding
pavement or sand. Necessary accessways, as defined
in Section I1.3., shall be permitted to traverse
required perimeter buffer strips and service the
vehicular use area.
4. INTERIOR LANDSCAPING REQUIREMENTS: When the interior
of any vehicular use area is designed to be utilized
primarily for purposes other than off - street parking,
such as a service station, drive -in banking or drive-
through retailing, an area or combination of areas
equal to not less than ten (10) per cent of the total
vehicular use area, exclusive of perimeter landscape
buffers as required under Section IV.3,., shall be
devoted to interior landscaping. When the interior of
any vehicular use area is designed to be utilized for
off - street parking purposes, the following interior
landscaping elements shall be required and will
substitute for the above percentage requirement;
a. Terminal Islands: Contiguous rows of parking spaces
shall be terminated on both ends by landscaped islands
which measure not less than five (5) feet in width and
extend the entire length of the parking spaces(s).
At least one (1) tree, as defined in Section II.5.a
shall be planted for every one hundred (100) square
feet or portion thereof, of said island. The
remainder of the terminal island shall be landscaped
With grass, ground cover, or G4her treatment,, excluding
pavement or sand. Terminal islands shall be curbed.
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b. Interior Islands: Landscaped interior island's which
measure not less than five (5) feet in width and extend
the entire length of a parking space shall be placed
within rows of contiguous parking spaces so that there
is at least one (1) interior island for every ten (10)
parking spaces or portion thereof within the row. These
islands snall be placed at intervals of not less than
five (5) nor more than fifteen (15) spaces. Interior
islands shall not be required in rows containing six
(6) contiguous parking spaces or less. At least one
(1) tree as defined in Section II.5a shall be planted .
on every interior island for every one hundred (10'0)
square feet or portion thereof of said island. The
remainder of the interior island shall be landscaped
with grass, ground cover or other treatment, excluding
pavement or sand. Interior islands need not be placed
directly opposite each other when in abutting parking
rows. Any design which helps to relieve the monotony
or increases the tree cover potential of the paved.
vehicular use area and fulfills the requirements of
this Ordinance is permissible. Interior islands shall
be curbed.
5. INTERSECTION SIGHT DISTANT RESTRICTIONS: When an
accessway intersects a public street or alley right-
of -way, or another accessway, or when the subject
property abuts the intersection of two (2) or more
public rights -of -way, all landscaping within the
triangular areas described in Section Itt -5, herein-
after referred to as the 'cross - visibility area,'
shall provide unobstructed cross - visibility at a level
between three (S) and six (6) feet. Trees having over
sips (6) feet of clear trunk with limbs and foliage
trimmed in such a manner as not to extend into the
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cross - visibility area shall be permitted in said
area, provided they in no way create a traffic
hazard. No landscaping elements, except for
required grass or ground cover, shall be located
closer than three (.3) feet from the edge of any
accessway.
a. Intersection of Public Street Rights-of-Way: The'
cross - visibility area is defined as the triangular
area formed at the street intersection beginning at the
point where property lines meet at the corner, or in
the case of rounded property corners, the point at
which they would meet without such rounding thence,
twenty- :five (25) feet along the front property line
thence, diagonally to a point along the side property
line twenty -five (25') feet from the point of beginning,
and thence to the point of beginning.
b. Intersection of Allev or
—ay, ur wxLa eunoLner alley or Accessway: The
cross - visibility area at such intersections as defined
in Section IV.5a., except that the two (2) equal sides
of the triangular area shall be ten (10) feet instead
of twenty -five (25) feet.
6. EXISTING PLANT MATERIAL: In instances where healthy
plant material exists on a site prior to its
development, in part or in whole, for purposes of
Off- street parking or other vehicular usage, the
Environmental, Review Board may adjust the application
of the above- mentioned standards to allow credit for
the retention of such plant material, if, in its opinion,
such an adjustment is in keeping with and will preserve
the intent Fund purpose of this Ordinance. Any
removal of emisting trees 'must he accomplished in
accordance with the trade County Tree P oitoction
Ordinance.
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7,. EXISTING VEHICULAR USE AREAS Where the requirements
of this Ordinance relate solely to the improvement
or expansion of existing vehicular use areas, the
changing of existing uses, or the expansion of or
addition to existing uses or structures and cohere, in
the literal application of said ordinance, certain
requirements are considered by the Environmental
Review Board to be either impossible or impractical
to comply with, without removing significant portions'
of an existing use or structure or substantially
reducing the number of required off- street parking
spaces, then relief from such requirement(s) may be
granted by the City Council provided that the intent
and purpose of said 'Ordinance is not compromised.
V. LEGAL PROVISIONS
Legal considerations of this Ordinance are as follows
1. VALIDITY; Should any section or provision of this
Ordinance be declared by the courts to be invalid,
such declaration shall not affect the validity of the
Ordinance as a whole, or any part thereof, other than
the part so declared to be invalid.
2. PENALTIES; Violation of any provision of this
Ordinance is unlawful, and any person, firm or corporation,
upon conviction thereof, shall be subject to a penalty
of up to Five Hundred Dollars ($500.00) and /or up to
thirty (30) days in jail.
$. REPEAL OF CONFLICTING ORDINANCES: All Ordinances in
conflict herewith, except the zoning ordinance, are
repealed insofar as such conflicts exist. Should the
requirements of this ordinance conflict with those of
the Zoning Ordinance, the most stringent requirements
shall govern."
�i�,�
Attest:
PASSED and ADOPTED this 7th day of October ,1975.
APPROVED:
8��, /",U
City Clerk
Passed on First Reading: 9/16/75
Passed on Second 'Reading: 10/7/75
Moved by nl nrk
Seconded by McCann
V -S NO
x_.__._. -.—=—
Abaent
Z