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HomeMy WebLinkAboutOrdinance No. 01-1992ORDINANCE NO. 1 -92 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING SECTIONS 641.43 AND 641.44, OF THE ZONING REGULATIONS OF THE CITY OF CAPE CANAVERAL, PROVIDING FOR SEVERABILITY; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: SECTION 1. Section 641.43 of the Zoning Regulations is hereby repealed in its entirety and replaced with the following: 641.43 Landscaping and Screening for Commercial and Industrial Zoning Districts Whenever the boundary of a commercial or industrial zoning district abuts a residential zoning district, a visual screen shall be provided within the required setbacks of such commercial or industrial zoning district. A. Such visual screen shall: 1. Be provided along the entire length of the com- mercial or industrial zoning boundary which abuts any residential zoning district. 2. Consist of decorative or ornamental fencing or shrubs designed and placed in a manner rendering such visual screen at least eighty percent (80 %) within a period of two years after such screen is provided. 3. Be not less than four (4) or more than eight (8) feet in height, except as provided for in Section 641.27 (A) (2). 4. A minimum of one ten (10) point tree value as defined in Section 641.44 shall be planted every thirty -five (35) feet with at least two five (5) point trees on the minimum 50 foot, C -1 lot and three five (5) point trees on the minimum 75 foot, M -1 lot. 5. Be serviced by a functional underground sprinkler system adequate to maintain such landscaping. 6. Be properly maintained and replaced if for any reason it does not survive. 7. Be protected from vehicular encroachment. B. All areas not paved, or with other landscaping as designated in this section or in Section 641.44, shall be planted with grass, hardy shrubs, evergreen or other ground cover materials as specified in Appendix A of Chapter 657, Tree Protection and Land Clearing, having the cold tolerance designation ( +). Otherwise, the owner /developer must provide documentation from a Recognized Knowledgeable Person (as defined in Chapter 657) that his choice of vegetation has a good chance of thriving or meets state requirements for low water need (xeriscape). Ordinance No. 1 -92 Page 1 of 4 C. Where a fence or wall is used to fulfill the screening requirements within a vegetative buffer, it shall be located one (1) foot inside of the property line which abuts the residential zoning. When a drainage easement, ditch or water body runs along a property line, an administrative waiver may be granted by the Building Official to allow the masonry wall or fence to be placed along the edge of the ditch or water body instead of on the property line. Where existing trees exist within the buffer area, the fence or wall shall be located so as to preserve the trees. SECTION 2. Section 641.44 of the Zoning Regulations is hereby repealed in its entirety and replaced with the following: 641.44 Interior Landscaping for Off - Street Parking Areas A. Off street parking areas in C -1, M -1 and R -3 zones shall have internal and perimeter landscaping as specified below. 1. Parking areas with ten (10) or less spaces shall have at least one ten point tree for every five (5) spaces or fraction thereof planted within the interior of the parking lot. 2. Parking areas with eleven (11) or more spaces shall have at least one five point tree for every five (5) spaces or fraction thereof interspersed throughout the parking area. In addition, one ten point tree shall be placed at the end of each row where internal curbing would be placed, even though internal curbing may not be required. However, trees must be protected from vehicular encroachment. 3. These planting requirements may be satisfied by cluster plantings at the discretion of the Building Official. 4. Parking areas in the C -1 and M -1 districts as des- cribed above, and parking in the R -3 districts that contain sixteen (16) or more parking spaces, shall plant to a depth of at least two (2) feet the entire perimeter facing the public right -of -way, except for ingress and egress and sidewalks. The perimeter shall be planted with decorative shrubs and bushes three (3) feet in height to form a visual screen with a density of eighty percent (80 %) within two years of planting. Perimeters facing such public right -of -way shall, in addition, have five tree value points planted every thirty -five (35) feet with at least ten tree values on a minimum 50 foot, C -1 lot and fifteen (15) tree values on the minimum 75 foot, R -3 lot. 5. No trees shall be planted that will obstruct vis- ibility at intersections or points of ingress and egress to streets. See Section 641.25. The per- imeter footage defined in Section 641.25, and ingress and egress shall not be used to calculate landscaping of perimeters. 6. Existing trees in proposed internal parking areas as listed under the tree value section shall not be removed if over one and one -half inches dbh without a permit from the Building Official. Every effort shall be made to build, pave or otherwise construct around existing trees of value. Ordinance No. 1 -92 Page 2 of 4 7. Each landscaped area, both within the interior parking area and around the perimeter, shall be served by a functioning underground sprinkler system adequate to maintain all landscaping. 8. All landscaping specified in this section shall be properly maintained and replaced if for any reason it does not survive. 9. The value of the landscaping for the internal parking areas and their perimeter, as well as all additional external landscaping for other areas on the site, will not be less than one (1) percent of the total cost of the project, including land ac- quisition, or three (3) percent of the project, excluding land acquisition, whichever is greater. B. Tree Value Points referred to in Section A above will have the following values: Points Tree 10 Large and medium species - ten (10) feet tall with two inch diameter (dbh) minimum and two foot spread. 5 Small species - six (6) feet tall with one (1) inch diameter (dbh) minimum and two foot spread. 5 Cabbage palms - minimum height 6 feet tall (overall). 5 Non - native palms - minimum height 3 feet (overall). C. Only trees listed in Appendix A of Chapter 657, Tree Protection and Land Clearing having the cold tolerance designation ( +) shall be considered for use in meeting landscaping requirements for C -1, M -1 and R -3 zones. Further, if the planting is in an area subjected to salt air, the "B" (barrier island) designation shall be present, which meet the State requirement to tolerate xeric conditions. Otherwise, documentation must be presented as provided in Section 641.43(C). SECTION 3. If any section, paragraph, subdivision, clause, sentence, or provision of this Ordinance shall be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate, or nullify the remainder of this Ordinance, but the effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence, or provision involved in said controversy in which such judgment shall be rendered. SECTION 4. All portions of the Code in conflict herewith are hereby repealed. Ordinance No. 1 -92 Page 3 of 4 SECTION 5. This Ordinance shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 21st day of January 1 , 1992. NAME YES NO KEDZIERSKI X PORTER X RANDELS X SALAMONE X THURM X First Reading Posted: Advertised: Second Reading: January 7, 1992 January 8, 1992 January 10, 1992 January 21, 1992 Ordinance No. 1 -92 Page 4 of 4