Ordinance 1981-002 Trees and ShrubberyORDINANCE N0. 2-81
AN ORDINANCE OF THE VILLAGE OF NORTH PAL1~i BEACH, FLARIDA, AMENDING
CHAPTCR 27 OF THE VIT.TAf,F. OF NORTH PALSi BEACH CODE RELATING TU "TREES AND
SHRUBBERY" BY AMENDING ALL REFERENCE THEEtEIN Zb BUILDING INSPECTOR TO HEREAFTER
REFER Td "BUILDING OFFICIAL"; BY APZQIDING ALL REFERENCES THEREIN RF~'ERRING ?b
' TkB; "APPEARANCE BOARD" TO REFER T1~ THE "PIANDIING CONPIISSION"; BY ELIMINATING A
COrTiITTEE OF ADJUSTMENT; BY AMENDING PRWISIONS CONCERNING MAlIV'I'ENANCE OF IADIDSCAPING
CONCERNING PERIMETER LANDSCAPING AND CONCERNING SITE DISTANCE FOR IADIDSCAPING
ADJACENT TO I'[iBLIC RIGHTS-OF-WAY AND POINTS OF ACCESS.
BE IT OLtDAINID BY THE VIIdAG'E COUNCIL OF NORTH PALM BEACH, FIARIDA:
Section 1. Section 27-17, Section 27-35, Section 27-37, Section 27-38 of
the Village of North Palm Beach Code are hereby amended by changing the wards
"Building Inspector" contained in those sections to hereafter read the words
"Building Official."
Section 2. Section 27-18(1) of the Village of North Palm Beach Code is
hereby amended to read as follows:
' "Sec. 27-18. Variety and location.
The following regulations shall govern the variety and
location of trees planted in Swale areas:
(1) Only those trees set forth below may be planted
in any Swale area. The Village Manager shall give due
regard to creating harmonious tree plantings in each street
and subdivision in determining what trees shall be planted
in Swale areas: Palm: Adonidia; Cocos Pltarosa. Flowering
trees: Hong Kong Orchid; Bottle Brush; Tabebuia. Others:
Black Olive; Mahogany; Tamarind: Silver Buttonwood:
Minusop: Clusia Rosea. eke-x~anage~-eket~d-seek-exd-eeas€de~
tHe-~eeesR+ea~atien-e€-Otte-keaxf€€#ea~£ea-ee~EEee-~-a~ek#xg
saek-abe*ae-AeEer~~ta~#ex~. (Words crossed through are eliminated.)
Section 3. Section 27-32 of the Village of North Palm Beach Code is
hereby amended by respelling the word "appeaance" in the first sentence thereafter
to read "appearance."
Section 4. Section 27-36 of the Village of North Palm Beach Code is
hereby amended by removing the words "and industrial" fran the second sentence
' thereof and inserting a sentence thereafter to read as follows:
"For cartnercial uses, the maxitrnan width for access way shall
be two (2) times that for residential uses."
Section 5. Section 27-37 and Section 27-67 of the Village of North Palm
Beach Code are hereby amended by replacing the words "agency charged with the
issuance of building permits" to the words 'building officials':" Section 27-37
is further mended by changing the words "permit agency" contained therein to
the ward "official."
Section 6. Section 27-40 (d) and Section 27-41 (b) are both hereby amended
by changing the words "Camnmity Appearance Board of the Village" to read
"Planning Carmission" and by changing the word "recam~idations" therein to the
word "approval." Flirthernore, the subtitle of Section 27-40(d) is hereby amended
by changing the words "Appearance Board" to the "Planning Conmission."
Section 7. Section 27-49, Section 27-50 and Section 27-51 of the Village
of North Palm Beach Code are hereby repealed.
Section 8. Section 27-60 of the Village Code is hereby amended by replacing
the words "qualified representative of the agency charged with the issuance of a
building permit" to the words "building inspector."
Section 9. Section 27-61 of the Village of North Palm Beach Code is
hereby amended by repealing the following sentence to wit:
"All landscaped areas shall be provided with a readily available
water supply with at least one outlet located within fifty (50)
feet of all plant material to be maintained." ~4ie-~ea~e€xde~
e€-sa€~-seet€ex-ska}}_~~~_~_€y}}_€e~ee-axd-a€€eeB.
' Section 10. Section 27-64 of the Village of North Palm Beach Code is
hereby amended by repealing Subsections 2 and 3 thereof and by renumbering
Subsection 4 as Subsection 2.
Section 11. Section 27-65 of the Village of North Palm Beach Code is
hereby amended by changing the first sentence thereof to read as follows:
"Off-street parking areas shall have at least ten (10)
square feet of landscaping located within the perimeter
of the parking area for each parking space excluding those
spaces abutting a perimeter for which landscaping is
required by other sections hereof."
Section 12. Section 27-65 of the Village of North Palm Beach Code is
further amended in subparagraph (a) by causing the last sentence thereof to
read as follows:
"Such interior landscaped areas shall be located in such a manner
as to divide and break-up the expanse of pavis;g."
Section 13. Section 27-66 of the Village of North Palm Beach Code is
hereby amended to read as follows:
Section 27-66.
"At any place within the corporate limits of the Village
of North Palm Beach when an alley, service lane, service
road or private driveway intersects a public right-of-way
or when the subject property abuts the intersection of two
(2) or more public rights-of-way, the landscaping or any solid
installation within the triangular areas described below shall
provide unobstructed cross-visibility at a level between
three (3) feet and six (6) feet; provided, however, trees or
palms having limbs and foliage trimmed in such a manner that
-2-
...
1
no limbs or foliage extend into the cross-visibility
area shall be allowed, provided they are so located
so as not to create a traffic hazard. Landscaping,
except required grass or ground cover, shall not be
located closer than three (3) feet fran the edge of
any accessway pavement. The triangular areas above-
referred to are:
i~
(a) The areas of property on both sides of an alley,
service lane, service road or private driveway formed by
the intersection of each side of the said alley, service
lane, service road or private driveway and the public
right-of-way line with two (2) sides of each triangle
being ten (10) feet in length fran the point of inter-
section and the third side being a line connecting the
ends of the two (2) other sides.
(b) The area of property located at a corner formed
by the intersection of two (2) or more public rights-
of-way with two (2) sides of the tria~ular area being
thirty (30) feet in length along the abutting public
right-of-way lines, measured fran their point of
intersection, and the third side being a line connecting
the ends of the other two (2) lines.
Section 14. A copy of Chapter 27 of the Village of North Palm Beach
Code as it now exists is attached to this Ordinance, together with the changes
proposed herein in order to ca~rehensively understand the ~zdment to said
Chapter described above.
Section 15. This Ordinance shall take effect immediately upon passage.
1
PIACID ON FIRST READING THIS 8TH DAY OF JANUARY, 1981.
PLACID OD] SECOND, FINAL READING AND PASSID THIS 22ND AAY OF JANUARY, 1981.
~~~~~~ r~,r~ ,
1
ATTEST:
!/t/ ~-'~-a-7i.~o ~ I~h~.--,r-
V E
-3-
Chapter 27
TREES AND SHRUBBERY•
Art. I. In General, §§ ? 7_1-27_75
Art. II. 'I}ece in Swale Areas, §§ 27-76-2730
Art. III. Landscaping, §§ 27.31-27-67
Div. 1. Generally, §~ 27-3i-27-q$
• Div. 2 Committee of Adjustment, §§ 27-49-27;i$~
Div. 3. Requirements for Certain Yard Areaa. OC'Strect Park-
ing and Other Vc•hict!ar Use Areas, §§ ?;-~g-
'17-67
ARTICLE I. IN GENERAL
Secs. 27-1-27_15. Reserved.
ARTICLE II. TREES IN SWALE AREAS
Sec. 27-16. Definition.
..°.s used in this article, the terrrt "Swale areas" sha1.1 mean
those areas Iying between the street and the sidewalk which
are the property of the village as part of its road and
drainage right-of--way. (Code 1970, § 41-11; Ord. No. 207-70,
§ 1)
Cross refere:tce-Rules of construction and definitions generally, § 1.2.
Sec. 27-17. Planting and removal; ~vrit:en approval
required. -
:~o trees shall be removed or planted in the Swale areas
except by the village. or by private citizens why have
obtained Lhe written approval of the building iAapeetvr to 0+~~
plant or remove any tree. (Code 1970, § 41.12; Ord. No.
207-70, § 2)
Sec. 27-18. Vnricty and location.
The following regulations shall govern the variety and
location of treys planted in swale areas:
'Cros.v reference-Str~•ets, sidewalks and public placce, Ch. '?q.
..
1SS5
r:) CI7!1J' thPnC treFS 5:T fnt"h below may be planted m
any s~~ : io area. The viilalrr manager shall ~zve due
regarr, t., crcaiing harmonious tree plantirgs in each
,trect and subdivisi~.m in determining what trees shall
be pla^ted in Swale areas: Palm: Adonidia: Cocos
Plumosa. 1•'io~cr•rn~• trees: Hong Bong Orchid; Bottle
?3rush; '1'abebuia- Othrrs: Black Olive; hlaho~rar!y;
Tamarind; Silver Buttonwood; ivIimusop; Clusia
ltosca. ~+~~--re-ra.;l~~l~~f:~---conricler-tlx+
't`4'^~ -.'-'-'r"`-}p~"":-"H~-t-'.'P-IX'a`S~. f~iCB>.36it-rN)nTnl kttC'?--Tr:
(2) Trees shall be planted at least five (u) feet from the
sidewalk except on cal-de-sac areas. (Code 1970, §
4'•13; Urd. tio. 207-i0, § 3; Ord. No. 6-?l, § 1)
Sec. 27-19. Scope.
The terms o` this article shall apply to all plantings in
Swale areas. (Code 1970, § 41-14; Ord. No. 207-70, § 4)
Secs. 27-20-27-30. Reserved.
ARTFChE III. LA`DSCAPING
DIViSi01T 1. GE\ERALLY
Sec. 27-v l . O c! i ri ti ons.
In construing the pro~zsions of this article and each and
every word, term, phrase or part thereof, where the context
will permit, the definitions prodded in section 1.01, Florida
Statutes, and the folio~~ing definitions shall apply:
F.ncm¢cirmcrzt. "Encroachment" is defined as any pro-
trusion of a vehicle outside of a parking space, dasplay area
or accessway into a landscaped area.
L¢adsc¢pin~. "handscaping" shall corsist of any of the
fnllo«Zr.~ or2o:nbiration thcrcoL• i\4atcrial. suci! as. but not
iimnctl to, grass, ground covers, shrubs, vines, ltedars. trees
or palriis; aad ronh~~ng durable material commonly used in
18Sf
9 ~' 34 !\ORTH f AL}t BEACH CODE
TRr'ES A:~D SHRUI3BF.P,Y ; z7.y;
lardscnpinr„ such as, but not limited to, rocks, pebbles,
sand, walls or fences, but excluding pa}zng.
Shrubs. "Shrubs" required by this article shall he
sc!f-s^_pnorting, goody, evergreen species, as normally
grown in this area or ti1.5 COLnty. `
Trees. "1'rce::" shall be de5ned as self-supporting wood
plants of spcci,•s which normalcy Brow to an overall height
of minimar of fifteen (15) feet in this area or this county.
1'-,:~quirntncnts in this article to indude one tree for a certain
nu!nber of lineal feet as part of the landscaping are set forth
to detcrn:ine the number of trees required in a given area,
the loration o'' n•hich trees may be anywhere within the
strip of land and need not be placed at equal intervals
throughout s::ch strip of land.
Vi::es. "Vines" are plants which normally require support
to reach mature form. (Code 1970, § 4I-18; Ord. No. 14-71, §
1. Ord. N o. 2-75, § 1, 4-IO-75)
Crow refc•renec-Ryles of construction and definitions gencr:+il}•, § I-?.
Sec. 2 i-32. O7jectiv2.
The oujective of this article is to improve the ape ance of
certain setback sad yard areas and including off-street
vehicular par'~:ing and open lot sales and service areas in
the }zliage, and to protect and p-eserve the appearance,
charcter and value of the surreundin„ neighborhoods and
thereby prorr:otc the general welfare by providing for
installation and maintenance of landscaping for screening
and aesthetic qualities, since the village council finds that
the' peculiar cia-acteristics and qualities of the village
justify regulations to perpetuate its aesthetic appeal on a
vil]agrw~de basis. (Code 1970, § 41.1G; Ord. No. 14.71, § 1)
Sac. 27-33. Application of ordinance; enforcement.
Phis article sl .•ili be a minimum standard and shall apply
to all areas in the village limits. (Code 1970, § 41-17; Ord,
No, 14-71, ¢ 1) -
Sec. 27-34. Scope; applicability of article.
(a) The provisions of this article shall apply only to necv
off-street parking uses or other vehicular uses.
(b) The pro~zsions of this article shall be subject to other
applicable regulations where such regulations are more
restrictive and are not otherwise inconsistent with the
pro~zsions of this article.
(c) The p*o~sions of this article shad not apply to'.
properties upon which single-family or two-family dwell-
ings are or are to be erected. (Code 1970, § 41-21(1), (2), (5);
Ozd. No. 14.71, § 1)
Sec. 27-35. Ccr~ ~~e of completion.
The building iar~;~-c".^r shall have the authority to issue a
certificate of completion to the owner or to the contractor or
subcontractor which shall iniiicate the portions of the
construction and development which have been completed
according to plan and building code requirements. A
certificate of completion shall not authorize occupancy er
partial occupancy of the building or premises. (Code 1970, §
4141(3))
Sec. 27-36. Accessw•ays.
The maximum width of a residential accessway through
the perimeter -landscaped strip to sn off-street parking or
other vehicular use area shall be twenty ('LO) .`get fez
~w'O-way ve}llC`aiar ::lOVement and ten (10) feet fOr One-w'ay
vehicular movement. For commercial
a!4f1~2'Td'~rtr~n VSe$,
the maximum w•idta for accrssw•;n•s shall he t.w•o (?) litars
that for residential uses. No more than one two-way
accessway s'raIl be permitted for any street frontage up to
one hundred (l00) lineal fcct or no more than two (2)
one-way act•essw•,tys shall be permitted for any street
fronta~-e up to one hundred (lOC) lirc•al feet, such standards
to be applicable to any property under one ownership. Where
such ovmership i•: voives vvcr one hundred (1C0) feet of
str•; et frontage. one additional hvr~-w•ny or hvo (Z) additional
enr-way drives m ~' be penritted for each additional one
P
15S8
1887
§'17-39 tiORTH PALK REACH CODF.
Tlai'i5:1\1+~!ii?l`l,~;c~{t' $2738
hundred (100) feet of frontage or major fraction thereof. The
balance of such street frontn„c not im•oh•ed with ac-
cessways sh^.11 be landscaped in accordance with the
provisions of this article. (Coyle 1970, $ 41-'21(4))
Sec. 27-37. Plot use plan approval prerequisite to
issuarc•e of permits for building ar.d
pavin~+; completed iandseapinr required
for ccrti5cate of use and occupancy.
Except for single-`amih• and two-family dwellings, prior
to the issuance of any permit for paving w'rich is included
under the provisions of this article, a plot use plan shall be
submitted to and approved by the'.~...z, -. ,:r ~' ,_;:'~;:-~~~dG
'•' ~ g-permits, subject to review and approval p/=F
of such oth t ~ n to as may be deemed advisable by the
c~- r_`9~ pw SL
~iuilding prrerTt+a~ena5. T'ne plot plan shall be drawn to
scale, including dimensions and distances, and clcariv
delineate the existing and proposed parking spaces, cr other
vehicular use areas, access aisles, driveways, sprinklers or
water outlet locations, and the locatio!;• size and description
of all other landscape materials, the location and size of
buildings if any are to be served, and shall designate by name
and .Iocation the plant material W be installed, cr, if
existing, to be used in accordance with the requirements
hereof. ;`'o permit shall be issue;i for such buildir.;; or paving
unless such plot play. r~mpliec with thh provisions hereof,
and no certi sate of use and occupancy shall be issued unti
the landscaping is complete, and it shrill be unlawful tv
occupy the premises unless the Iandscaping is inst: Ilcd in
accordance with the approved plot plans and the require;
tnents hereof. (Code 1970, § 41.22; Urd. i~o. 14.71, § 1)
Sec. 27-38. Off-street parking landscape manual.
orF/L/J+~-
'I'he building ux~pett~ office shall prepare and from time
to time revise an off-street parking landscape manual and
make the same available to the public, which manual shah
provide an iIhxotrativc interpretation of the above standards
and suggested guides for iandcaaping in accordance vrith
• -the above st-andattls. (Codc ]970, § 41-2E; Ord. No. 14.71, 5
1)
Sec. 27-39. Conflict with zoning ordinance
If any requirement of this article shall conflict ::ith the
Iocatioa or height of walls as set forth in section 45-3G of
the Villa;;e of tiorth Palm Beach Code of 1970, now
Appendix C of this volume, then the provisions of such
section 45-36 shall prevail. (Ord. No. 14-71, § 2)
Sec. 27-40. Requirements
tial properties
23, i97I.
for improved nonresiden-
in existence on September
(a) Objective. The objective of this section is to improve
the appearance of commercial areas in the village which
were improved prior to September 23, 1971, and to protect
and preserve the appearance, character and vaIee of the
surrounding neighborhoods and thereby ;.romote the 1,*ener-
al welfare by providing for installation and maintenance of
iandscsping for screening and aesthetic qualities, for
additional drainage capabilities and for the improvement of
the quality of air within the village. The village council
finds that the peculiar characteristics and nualities of the
village justify these regulations to be applied to improved
nonresidential properties which were in exislercc privy to
the adoption of Ordinance No. 14'x, on Septcrnberl3, 1971,
which orclinance requires landscaping for ne:v constructive.
(b) Applicable requirements. Except as provided liereafter,
the provisions of sectior. 27-31 and di:dsions 2 and 3 of this
a.-ticle shall a~piy to alt nonresidential property which was
improved prior to September 23, i971.
(c) F,xceptions.
(1) For the purposes of this sectivn, and irrespective of
section 27-63(i), a step of land at least three (3) fort in
depth located. between the abutting right-of-way and
the offstrcet parr~r-g area oz other vehicular use
area, which is exposed to an abutting rit;ht-of•wap
shall be landscaped. In addition, a hedge or other
dug.^.b'.e landscape barrier c;f at least iw•o (2) feet in
hei~,ht shall be ~iac•ed along only the perirr-eter of
suc~ iandscnncc, str_p. Ii a durahIe barrier is of a
1Lr90
!889
REFS A.\D SH3liBB1:HY § Y7-41
nonliving material, for cacti five o feet thereof one
shrub or vine suaii be pianied abutting such barrier,
but need not be spaced five (:i) feet apart. Such shrubs
or fines shall be planted along the street side of such
bamcr unless they are of suffczent height at the time
of planting to be readily risible over the top of such
barrier. The remainder of the required landscaped area
. shall be landscaped «zth grass, ground cover or otl:cr
tandscal;e trcatmert, excluding pay^ng: prodded,
hvv:ever, that a nonliving durable wall may be erected
on the perimeter of the rcyuired lnndscaped ;area
opposite the sidewallc vzthin this landscaped area. No
such landscape barrier, wherever located ander this
subsection, shall exceed three (3) feet in height or be
less than two (2) feet in heir,=ht.
(°_) Section 27.61 shall not $e applicable to properties
covered by this section.
(3) As applied to properties under this section, the
provisions of section 27-6v shall not be applied so as
to cause the property to have lrss than the Sr±; ni:n„m
number of parking spaces required under the applica-
i~le provisions of the zoning ordinance of the villago,
(dj Submission of plans to PL•tN.v/nis Ca/,~M+sc/of,+
scaping plans intended to comply wit~,d.v slofahis
section shall be first presented to the ova(N.~:w.ni.tj..~t~;iua+ratac~tp~aM
~~I'~-utt'-~l:age for its redew and ri~r,,R~,~,,,5 "C
(Code 1970, § 41.24) if Fp/7 v d f} L-
Scc. 27-41. F_efuse container areas.
(a) On the site of a building or structure where refuse
containers arc not or will not be entirely screened =.zsualiy
by an intervening building or structure from any abutting
right•of-way lexcluding dedicated alleys) or any parking ]ot
where the public is indtc;l to park, there shall be prodded
landscaping or fencing bchveen surh refuse containers and
ti:e abutting rid-ht-of•way or parking area to which the
Public is in~itcd sv as to screen the refuse containers fro.::
such areas. The provisions of sections '17.34 through '27.33
1891
and 27-;C. division 2 and sections 27-60 throuc;h °_7-6° of
t!:is aricle shah peraia to refuse container screening where
applicable.
(b) All screening plans intended to comma v ~dth the
~ Dj~lNrprovisians o~ this section shalt be first prc:~entcci to the
p.,, .nun;na-tiiaa_;rs~esuat:c?-band of the ~^:llage for its revi?w
and raeazy:_:;adatiorrs. fCode 1970, § 41-25; Orci. iCo. 2=i8, §
lj ~PpRcJ/!L,
Secs. 27-42-27-48. Reserved.
DIL'ISIO\ 2.
OF
Sec. 27-49. Created; c rhposition
There is hereby c a*.ed a co -mittee of djustment to
consist of the v~'d age mana=• r, the c irman of theL'•ee.
beavti4cYZtiv!r-~,~ommittee, the uilding i .spector afic'-tlx~
ckairmarr-of; tba-~ii;i3e' -eau (Code 1970 §
4I-2U)
Seca 2 -v0. ?rocedur for adjus ment of stand •ds.
(a` '1 he.committe of adjus ent, upon rev pt of an
ap ication for adjustment landscaping •quirements
n odded herein yihich is fi'_d on forms p:e crbed by the
~-illagc and er~•r +ted and om to by the o~ . er or tenant of
the property cjnceraed o by authorized a nts as evidenced
by writter. ^v,vcr of a orney, and accoT} parried by a fee of
>~•r~' 6werrGy-f+v aaar ov:0U7 shall ha`;4 the authori±y and
duty to consider and act upon ~ ch application. The
applic nt shall, i. the application, Iearly and in detail state
wha adjustme .t of requirement are being requested, and
th reasons uch adjustment arc warranted, and shall
~ company he application ~ th such supplementary data,
such as sketches, surveys ad statistical information as is
deemed :ecessary to subst ntiate the adjustment.
(b) he gommittee .ay approve, moaify or deny the
re99 r_sted adjustment ut shall approve or modify only if it
<iCiermincs that apv vat of ary adjustment would not be
1892
' "1RI:;;S A.\ll SHRUBBIsRY § 2759
contra..*y to the public i rarest and w ld be in kee '
and ;would r • P g with
enforcernentof the trove standat s ~ ould bend tracticable
and ;vou11 resui~ 'a uaeason ale and unnec ssary hard-
ship. The co:nmi ue of ariiust ant shall act : expeditiously
as possib;c on 'ne appIicatiyy and shall p st their decision
in the form or a short, co~Cisc statement f the action taken
un a ccnsp tu~us bulie~tn board
19;C, ~ q •p; Ord 1u ~ ^, in t ;tillage hall. (Code
i J t /i,§1)
sec. _?;-~1.:'~ppenI from decisions.
~'1
Witi:i.^. ter. (I U)
thereafter, any do
be anpca!ed by tl
wise, it sh.,ll
prns~ribed h
insp?c•tor ~, L
place the~pl
aPp~al~ //s.iall
and ~ee~ui:s
com*riittee of
of the
mo ,tfy or rolicrse the ~ :ng of
suvject ~iu~~hc ^uides .nd stan
tab. \e}Xttcr the a'lr,mittee nJ
CntNr!:,ffm rnnnuel.. /G... __,:.._`-
by
the
1910, §
S~•cs. 2 ~-b2-27-~5. Reserved.
the time
r~~uage the ands
o-ting made oy the
council''m affirm;
!the commit-
council shall
er standards
rd. No. 14-71,
D.'VISIVN 3. ItL•'CjL'IRE"BENTS FOR CERTAIN
i ARll AREAS. Or I'-STREET PARIiiNG
ANn OTHER ~'EHICUL,4R USE AREAS
Sec. 27-v9. Scope, applicability of division.
All areas uacd for the display or parking of any and all
types of vchicl.s, hr.,ts or heavy construction equipment,
whether such vcl:ic!es, boats or euuipment are self-proaclled
..
1d93
..
after
of the
of a
• uuj usLmeP may
ayment of fee of
lags cou~:l; other-
shall L•• on a form
tttitl:~he bailclinv
aprucant pon the
(520.00) to the
e fn '. The ap al
the ;til ye and~ed
the petit oner shnll ~ ..,./
be hear~by the
brief, For+.cise la
ar nut, and all ]anti upon ;•:itich vehir'.es traverse the
property as a function of the primary use, hereinafter
referred to as "other vehicular uses" indud~ng but not
limited to acti;aies of a cirirc~in nature .uch as, but not
limited to, r?hn:; stations, ~roccry ant miry s*.ores, banks,
restaurants and the like, shall confornt to the minimum
landscaping rcquiremerts hereinafter pruvidrd, save and
e;SCPDt Areas cued for marking or other ve}cular uses under,
on r • t : .- . 7T• u ., z~ a as ser; nt, smgle-
and two•fa,nil~ ,•~:.. -~~ ...,, ...,n,....._L --- -
1ti•
g 41-
Sec. 27-60. Installation.
All landscaping shall be installed in a sound workman-
&ke manner and according to accepted good planting
procedures vtith the quality of punt mater.'als as hereinafter
described. A;l e?ements of landscaping exclusive of plant
material except hedes shall be installed so as to meet all
other applicable code :egnirements. Landscaped areas shall
require protection from vehicular encroachment as herein
provided in sections 27-G4 and 275. A q-ualifaod-.aepresent~Qs ~ ~;
ative-u£-w~~:aey-clreroed-with-the-issuance-of~aurdirrg
permit/ shall inspect ai! landscaping and no ce:-ti5cate of
occupancy or similar authet:zaticn shall be issued unless
the lundscapin~ meets tl.e reauimments herein provided.
(Code 1970, ~ i•:^(2); Ord. No. 14-7?, ~ 1)
Sec. 27-G1. Elainterance.
The v+vner, tenant and their agent, if any, shall be jointly
and severally respensible for the maintenance of al]
landscaping which shall be maintained in good condition so
as to present a heahhy, neat and orderly appearance and
shall be kept free from refuse and debris. The responsibility
for maintenance as set forth herein shall include the Swale
areas hetvveca the sidewalk and road pave:ncat directly in
L^ont of the sit~~~ ! ~•,2:uscap^,! ~r/.•.•- ~halLbrznrozided-with
a-rrrtdi'tv~-c:1•ttiitrbce-;vQ6er-Ft: r ~
i I *)'-vvitirmt 1Z,1~L"aS1~eZSUtI'et
loctttrd-+vrt~irz~i:-'; ;r-,/emu--p4-trt-n•.ntcrim'-"Lv b
e
znaintai-~;eel-(C.~u?c+-;S1:1i,-. ~,-1-9(al;-C'.rrir'~io...ly.~C~
S9•;
Ti:°nF.S ANI) vi?RCI313F.R1' ; 2i-ti'L
dec. 27-62. Plant mitcrial.
(i) Qua?ity. Plant materials used in conformance with
provisions of this article steal] conform to the Standards for
Florida \o. 1 or hMtrr as given in "Grades and Standards
for \;u•sery Plants." fart I, 19G3, and Part II, State of
Florida, Depart:nuut of Agriculture, Tallahassee, or equal
thereto. Grass sod shall be dean and reasonably free of
wevcis and noxious pests or diseases. Grass seed shall be
de[ivcrcd to rtes jobsite i:r bats with Florida Department of
A;,-riculturc tags. attached indicating the seed grower's
cempiiance «ith the department's quality control program.
(b) .Tree species. "Tees shall be species having an average
mature spread of crown of greater than fifteen (I5) feet in
this area or this a)untp and having trunks which can be
maintained in a clear condition over five (5) feet of clear
wood. Trees having an average mature spread of crown less
than. fifteen (I5) feet may be substituted by grouping the
same 5o as to create the equivalent of a fifteen (15) foot
(:1'Uwr1 Jprt':id. Patens shall lte enrrcids•rtrl force in aCCCrd
with standards prc•muIgated by the village council. Tree
species shall be a minimum of fifteen (15) feet overall height
im,.~eciateh• after planting. Trees of species whose roots are
known to cause damage to public roadways or other public
wor'ss shall not be planted closer than. twelve (12) feet to
such public woris unless the tree root system is completely
contained wif!un a barrier for which the minimum. interior
containing dimensions shall be five (5) feet syuare and five
(~) fret deep, and for which the construction requirements
shall be four (4) im~n flick concrete reinforced with iv'o. 6
road mesh (G x G x G) or equivalent. A list of such tree
species shall be maintained by the ~zllage for the guidance
of the public.
(c) S/nubs and hedges. Shrubs shall be a minimum of two
(2) feet in hcioirt when nrcasurcd immediately after
planting. ?-ledges, s•]rere required, shall be planted and
maintained so ~r-s iv loan a continuous, unbroken, solid,
\'1SL`AI screen, within: a minimum of one year after time of
'plr.ntin
~ `~''= 10ZTfi f'ALtif 3£ACH COnt
(dl Vines. Vines shall be a minimum of thirty (:i0) inches
in height, immediatel}• sfter punting, and :ray be usad ir.
conjunction with fenues, screens or walls to meet physical
requireracnts as speci5ed.
(e) Grvund covers. Ground covers used in lieu of grass in
whole or in part shall be planted in such a manner as to
present a 5nished apnearaace and reasonably complete
coverarc v,itinu three t3) mouths after planting.
(f,. Lcct•n gross. Grass areas shall be planted in species
grown as pcrnrarent lar:rs in this county. Grass areas may
be sudcied, plugged, sprigged or seeded except that solid sod
shill be used is sv:ales or other : rein subject to erosion, and
providing that in areas where other ti~an solid sod or grass
seed ig used, nursearas sccri shall be sown for imn:ecrdate
effect and p:ntection until coverage is achieved. (Code 1910,
§ 41-15(4): Ord. No. I4-il, ~ I)
Sec. 27-G:;. Required landscaping Adjacent to public
rights-of-wa}•.
Gr. the site of a 'nralding yr structure or open loi use
providing an oft-street parking area os• other vehiculaz use
area, where ::uch arca_ will not be entirely screened viscally
by an intervening building or structure from any abutting
right-of way, exclgding dedicated alleys, there shall be
provided landscaping between such aree and right-of way,
as fellows: '
(1) A strip of land at least five (5) feet in depth located
between the abutting right-of-way and the off-street
;:irking area er other vehicular cse area which is
cxpwcd to :w aiartting right-of-w•ay shall Uc 1.^.nd•
scapud, such landscaping to include oue tree from
each fifty (.`0) lineal feet or friction thereof. Such trees
shill be !ucnted between the abutting right-o£•way
and off-street par.:ing area or other vehicular use area
and shall be planted in a planting area of at least
fvcnty-five (25) square feet with a minimum dimen-
sivn of :a least fivt• ~:,) feet. kr addition, a hedge or
other <icrzble !a^dscape b ~rrier at ic:;st hvo (2) feet
r.yr
1395
• • - 1'Tf;IiS ANll SE-iRUF3I3i;RY § 27~Ga
in height shall be placed along only the perimeter of
such landscaped strip. If saCl-i dllral)iC barrier la Vf
nonliving material, for each five (5) feet thereof, one
:;hrnb or vine shall be planted abatting such barrier
Sat need no[ be spaced five (5) feet apart. Such shrubs
or vines shall be planted along the street side of such
barrier unless they are o£ sufficient height at the time
of planting to be readily visible oc•er the top of such
barrier. The remainder of the required landscaped
a!+•as' shall be landscaped with grass, ground COVet ur
other Ic!u'._c:.,pe Lrr~tme.^.t esciuc:ng paving; provid-
ed, however, that a nonliving durable wall may be
arecteci oa the perimeter of the required landscaped
area opposite the sidewalk or at any point at least
three Gi) fee! from the sidewalk Within this landscaped
area. No such Icmdscnpe barrier wherevor located
under this subsection shall exceed three (3) feet in
h<ight or be less than two (2) feet in height.
(2) All property other than the required landscaped strip
lying bet•.vicen the right-of--way and off-street pzrking
area or other vehicular use area shall be landscaped
with at least grass or other grotind cover.
(:3j tiecassary accessways from the public right-of-:vay
through all such landscaping shall be permitted to
service the parking or other vehicular use areas and
such accesswa}•s may be subtracted from the lineal
dimensions used to determine the number of trees
required. (Code 1970, § 41-19(5); Ord. No. 14-71, § 1)
Sec.L7-fi ~. Perimeter landscapin? relating Lo abut-
ting properties,
Or. the site of a building or structure or open lot use
lorovidin;' an off-street parking area or other vehicular use
arcs, v:hcrc• such areas will nut be entirely scrcened:dsualiv
by an interveni!t;; building or structure from abutting
property, that portion o1' such area not so screened which
lies between the front cdGc of the property and the front
buidin~ line small be provided with a hedge or other durable
,c97
:anriscaoe harrier .^. n' ~;rcater than three (3: fee; in height
nor less than two (:'-) feet in heir+ht •o for;, r;
: a con..nu~,us
screen betv:een the off-street parking area or other vehicular
ace area and such abutting property; provided, i[o•a•ever,
that that portior. of such area not so screened wl:idi lies
between the front building line and *.he rear line of tha
property shall be provided cvit'r. a hed~•e or other durable
izrdscape barrio- not greater than six tG) fact in height or
L•~ss than two (l) feet in height to form a pontirvous screen
between the off-scree+, parking area or vtlmr vehicular use
arr_a and such abutting propert}•. Such iaa~scape barrier
shall he located between the common ]ot line and the
off-street parking area or other vehicular use area expose]
to the abutting property provided the purpose cf screcnia~
off-street parking area and other-vehicular use areas is
accomplished. If such bame: consists all er ir: part of plant
materials, such plant :r!aterials shall be nlarted in a
planti*.fi strip of not less f.^.an t[vo <^.nd ure•half (2~/~) feet is
width. in addition, one tree shall be provided for each
seventy-five (7:i) lineal fecL of such landsp<^.pc ba^cr or
fractional part thereof. Such trees shall be Iocaied between.
the common lot ]ine and the off-street parking area or othrr
vchicula. se rca. ~ach such tree 3i:°'l b., p'ca^.ted in a,
least twenty- ve (25) square feet of planting area with a
minimum dime:aion of at ]cast five (5) :•eet. Each sucn
planting area sha'1 be'aadscaped wit:: grass, gz•ourd cover
or other landscape material excludin^ paving in addition t~
the required tree. The procisiors of ti~is subsection. s?call not
be applicable in the follonzrig situations:
(1) ~'rnen a property line abuts z drlicated alley, or to
those portions of the property that arc opposite .t
building or other structure located on the abutting
propert}•. •
(2) Where a pr esed park~n~ area or then vchic• ar us a
area ab • s an ~Yi u~ i:edg or oth~urabla
lards e barricrF oa an ah tting pr arty, eaid
ex~~ ng barrier~ y pe usec to satisf - e landscap-:
b;frrier requiy:;~ents of th's subseryi n provided that
such cxisti~g barrier me.is all apfdicable standards of
1898
§ zr~" NORTH PALiV1 BEACH OOJE
'~ Hr:i:\ AND SF-;HL'BBcRY § ~' ;;~
this articl and pre/Yection age , st vehicular encr,rch-
ment is guided ror hedges
(3) Where the ab}.t~irg pro~rty is z .tied or sed foz
nonr sidentip uses, one the tre provisi «zth
planting aj ~a as pres~;oed is t}~'s subse, ion sha~oe
required;~hvwever• t~~h'e number~~f trees ;nay be r aucrd
to on /tree for e,Jery• one '~dndred j ,:only-f e (125}
linepl" feet or~'ractivn ~l~ierevf ~ut al' periteter
requirements Shall appl~~withizf the ont setback
area.
(4) Where abutting property ov:ners desire to share their
parking lots, the requirements of a perimeter hedge
betv+een the two {2) owners may be eliminated
provided that the gross area cf iandscaping which has
beer. eliminated is placed elsewhere in the parking
area, so that the total amount of landscaped area will
not be lessened by eliminating ±he perimeter hedge.
(Code IS70, § 41.19{6); Ord. No. 14-71, § 1)
[.64~J~D 5'//1///l~/ 7h C. ~C.Y/ihE7CS~ 6F7/jGPA•RK/A/G //~i_~
1( .,..a. 27-65. Parlcir.•g Lrca interior landscaping.
te(a) OfOff~-st- ~t parking areas shall have at least ten (10)
square :ect ofiirtterior iandscaping for each panting space
excluding those spaces ahuttin; a perimeter for which
landscaping is required by other sections hereof ard-
exeludin* ^~~ raxi;ing-sps»espvi:it~lz..s:astr~;lvcs::;ie..1~•y--,rn
aiaie-abut?i^g-snci-runa~ iat~•--7arc ie}-G,-su rl:-rrperir.:~r.. In
addition, other vehicular use cress snail have one square
foot of landscaped urea for each one hundred (100: square
feet or fraction thereof of paved area for the first fifty
thousand {50,000) square feet excluding the first five
thousand (5,000) square feet of Waved area plus one square
foot of landscaped rrea for eac}t two hundred (200) square
feet or fraction thereof of nnved area for all paved area over
fifty thousand (50,000) square feet; pres: ided, hov:ever, in
areas zoned for industrial use these requirements shall be
reduced by fifty (50) per cent. Where the property contaira
both paring areas rnd gthcr vchiculaz use areas, the two
(L) types of areas may be separated for the puzpvsvs of
determinsng the o'.her vehicular use area b
iuo the total number of Y first multiply.
0) parking spaces by four iiuadred
('' 0 ar~d sabtractine the resulting figure from the 'otal
square `ootai;e of the paved area, each separate landscaped
area shall contain a minimum of fifty (50) square feet and
shall h~ ve a nanimun: dimension of aY least five (5) feet and
shall include at least one tree having a clear trunk of st
least five (5) feet, aZih tine r
landsca l emaining area adequately
pod with s: rubs, r:vund cover or other authorized
Iardsca ~in~ mateaai not to exceed three (,~,) feet in height.
The total number of tree, ,;~aii '> s
e not lea than one for each
cne hundred (1^0) square feet or frtctior. thereof of required
Interior landscaped a:ca. Such landscaped cress snail be
exPatnse of p.,r^... ~ n'`•.ner as to divide and break up the
(b) in other vr}:icular use areas where the strict applica-
tion, o` this section r:ili scrivusi}• Iimit the function of such
area, t ze require.'. lar.dscapirg may be located near the
penmet er of tr+.e paved area including such Perimeters w:ytich
may be adjacent to a building on the site. Such required
anal or laa~sca~i^•~ ;v;;;; elocated m r vi
5 h is r as i:e:-:'
ho in addition to the perimeter landsca ; e c ded
n•~nta. P-ne rcquire-
(c) '1'}te front of a vehicle may encroach upon any in±erior
landscs;:ed area whet such area is at least three and
one-half i3'/e) feet is den~h per abetting part:ink space and
proteNe i by wheel steps or curbing. Tcvo 2
lardsc<^{_ed area n.., O fce~ of such
abutting , "y Oe part of ins required depth of each
e par~.ird sp-c°. 'Code
14-71, § %) ~ 19.0, § 41-15(7): Ord. IQo.
Sec. 2;.r~, 8ivh+_ disaanec for landscaping adjacent to
pu'nlic-rights-of-way and points of rcc2ae.
At any place within. the corporate Iimits of the Village of
North ?'elm Beach when nn acc•essway intersects a public
rivht-of-way or n$en the subject property shut the
intersection of two !?
iandscaping within t^c °7' rnurc public rights-of-way, all
r <u~~elar areas described brlvw
shall provide unobstructed c.°ss-visibility at a level between
Suap. No.:
i S'!H)
Sepp. No. 1
18S9
• 'I'REL•'S iL1D S:irili riHiRY x'17-6.
three (3) feet and six (G) feet; provided, however, trees or
Halms having iimbs and foliage trimmed in sash a n:cnner
that no Limbs or foliage extend into the cross-visibility area
shall be allmved, provided they are so located so as rot to
create a traffic hazard. Landscaping except zequired grass
or ground cover shat not be locnted loser than three (.i)
feet from the edge of any accessway pavement. The
triaa3ular areas above referred to are:
(n) The arr..^.s of property on both sides of an accessway
for:ard by the i:aersection of each side, of the
uece:a::uay and the public right-of-way line with two
('3) sides of each triarg}e being ten (10) feet in ieagth
Crom t.hr. point of intersection and the third side being
n line r_onnecting the ends of the two (2) other sides.
(b) The area of property located at a corner formed by the
intersection of two (,2) or more public rights-of-way
with tw•n (2) sides of the tri_ngular area being thirty
(30) feet in length along the abutting public right-of-
tvay lines, measured from their point of intersection,
and the third side being a line connecting the ends of
thr ~+t}per two (2) lines. (Code 1970, § 41-19(S); Ozd. No.
14-.?, 1; Ord. X10. 22-77, § 1, 12-5-77)
Se^. 27-G7. Existing plant material.
In instances where healthy plant material exists or. a site
prior to its development in part or in whole, for the purpose
of nt"street par'.:ing or other vehicular use areas, tae agency
Rl-I~G• ohff ved-rr„i{)~.t=2e-issuanoc~-o.`-o.uldina-penrrits may adiust
O ~ F the application of the above mentioned standards to allow
credit fir such punt material if, in its opinion, such an
:_djustrncnt is i^ kcepin;; xah and wiil preserve the intent of
this article. (Code 1970, § 41-i9(9); Ord. No. 14.71, ~ 1)
c,~ 10. t -~ (The next page is ! 9511
pp..
1901