Division 1. Land Development  


§ 23-301. Lots and structures.
Effective: Tuesday, January 19, 2016

Sec. 23-301.1 Requirements of other applicable sections.

a. See sections 23-212 and 23-213 for permit requirements.

b. The dimensional requirements of section 23-422, set forth in Tables 23-422A and B shall apply to all new lots except those not intended for the construction of structures.

c. Structures shall meet the requirements of section 23-422, dimensional and area regulations, article V, accessory uses and structures, and article VI, resource protection standards, as applicable.

d. If a proposed structure is in a planned development project, structures will be permitted only as shown on the approved planned development project plan or as allowed in article IV, division 4.

e. A certificate of appropriateness may be required prior to commencement of work on a property within a historic district, per section 23-227

(Ord. No. 2008-11, § 6, 5-20-08)

Sec. 23-301.2 General regulations for structures.

a. Only one (1) principal building shall be permitted per lot, except as follows:

1. In zoning districts allowing multi-family uses, multiple buildings on a lot are permitted through the site plan approval process for major projects (section 23-222), provided the development has twelve (12) or fewer dwelling units.

2. Multiple buildings on a lot may be permitted through the planned development project approval process (section 23-224) for single-family cluster developments and for multi-family developments with more than twelve (12) dwelling units.

3. Up to four (4) principal buildings on a lot are permitted in non-residential and mixed use developments through the site plan approval process for major projects (section 23-222).

4. Non residential and mixed use projects with more than four (4) principal buildings on a lot may be permitted through the planned development project process (section 23-224).

b.Temporary structures. Temporary structures are those which are designed, constructed and intended to be used on a short-term basis. Temporary structures, including non-motorized trailers, are permitted for use as offices by developers during construction of housing developments with more than three (3) living units and of non-residential developments. The use of temporary structures, motor homes, mobile homes, or similar facilities for living quarters is prohibited, except during a city emergency, such as a hurricane, declared by the city manager upon a recommendation of the building official. Tents and booths for short-term special events or auctions and sales are permitted in conjunction with a special event or sale pursuant to Table 23-541. The following regulations apply to temporary structures:

1. No temporary structure, except those permitted for short-term events, shall be permitted on a property until a site plan for the principal development on the parcel has been approved.

2. Temporary structures shall be tied down as required by the building official, and except for those intended for short-term events, shall be provided with electrical and sewer service in accordance with current building, electrical, and plumbing codes. The structure shall be accessible to emergency vehicles via a stable surface.

3. The location of a temporary structure on a site shall be at the discretion of the administrative official. Such structures shall be located in the side or rear yards when feasible. Storage pods shall be allowed to remain on site for longer than a total of one week in a given month only if the pod is being used for storage in conjunction with the renovation, reconstruction, or repair of a building on the site and only while there is a valid building permit for the work being performed. A site plan showing the property, the dimensions of the proposed temporary structure, and the proposed location shall be submitted with the application.

4. A verification of zoning compliance in accordance with section 23-212 must be issued for a temporary structure prior to construction or its placement on the lot. Storage pods located on site for less than one week during a given month are exempt from the requirement for zoning verification.

5. Temporary structures are not exempt from the provisions of the Building Code. Tent permits are required for their use for a special event or sale pursuant to section 23-343

c. Outparcel structures. The design of structures on outparcels shall be coordinated with the main structure on the parcel. At a minimum, similar colors and materials shall be used on exterior surfaces. Compatibility in roof shape and material, signage, lighting and landscape material is encouraged.

d. Utilities.

1. Water and sewer facilities. No dwelling unit or principal structure shall be permitted on a lot unless building plans provide for connection to city sewer and water systems as required under chapter 21 of this Code.

2. Reclaimed water system. No dwelling unit or principal structure shall be permitted in a development where a reclaimed water system is required under chapter 21 of this Code unless plans submitted with the permit application provide for connection to that system or a waiver has been approved by the director of utilities.

e. Adequate access. No building shall be permitted on a lot unless the lot has adequate access in accordance with section 23-303

f. Right-of-way. Structures shall not be located in the future right-of-way of public streets and required building setbacks shall be measured from the future right-of-way widths.

1. The administrative official may allow the setback to be measured from the existing right-of-way rather than from the future right-of-way in cases where the purchase of the future right-of-way area is not in the foreseeable future. Setback from the future right-of-way shall not be waived if widening of the street is included in the City Five-Year Capital Improvements Plan (CIP) or County Five-year Transportation Improvement Program (TIP) or is included in any improvement programs of the Florida Department of Transportation.

2. In cases where existing right-of-way width is less than the requirement for the classification of the street (see section 23-303), reductions in setback shall be limited so that a minimum of fifty (50) percent of the required right-of-way width is reserved.

g. Utility easements. No structures, including accessory structures, shall be located in recorded utility easements.

h. Flood hazard areas. Structures in flood hazard areas shall comply with the elevation and other requirements of this chapter.

i. Concurrency. No structure or alteration to a structure shall be permitted unless the administrative official determines in accordance with article VII, div. 1 of these land development regulations that adequate capacity in services will be available at the time of issuance of the certificate of use (as per section 23-213).

(Ord. No. 2007-02, § 5, 3-6-07; Ord. No. 2008-04, §§ 5, 6, 2-19-08; Ord. No. 2008-45, §§ 5, 6, 23, 12-16-08; Ord. No. 2016-01, § 2, 01-19-16)

§ 23-302. Land preparation.
Latest version.

See sections 23-212, 23-215, and 23-217 for permit requirements. Preparation of land for construction or paving and any alteration of land shall be subject to the restrictions of the subsections herein and any conditions required per a site development permit pursuant to section 23-217.

Sec. 23-302.1 Clearing of vegetation. Prior to the clearing of vegetation or the grubbing of land, all trees as defined in section 23-214 which have not been approved for removal shall be barricaded and protected as required in section 23-302.3. Immediately following vegetation removal, existing slopes greater than 3 to 1 [3:1] shall be protected from erosion as required by section 23-302.4. Open burning shall meet all applicable government regulations and, in accordance with section 10-8 of the Lake Wales Code of Ordinances, shall require issuance of a permit by the fire chief.

Sec. 23-302.2 Tree removal.

a. Tree removal permit. See subsection 23-214 for permit requirements. Tree removal or relocation permit applications shall be governed by the following criteria:

1. The condition of the tree or trees with respect to disease, age and expected life span, danger of falling, proximity to existing or proposed structures, and interference with utility services. For each condition, the administrative official may require a finding by a certified arborist, county forestry officials, city building inspectors, and public utility officials to provide supporting documentation for review.

2. The necessity of removing trees in order to develop the site in accordance with an approved preliminary plan.

3. Topography of the land and the effect of tree removal on erosion, soil retention and diversion or increased flow of surface waters. The administrative official may require coordination with the director of public works' drainage plans and recommendations on drainage patterns.

4. The number of trees existing in the neighborhood on improved property. Review shall be guided by the standards established in the neighboring areas and the effect of tree removal upon property values in the area.

b. Tree replacement. In all cases, relocation or replacement shall be in accordance with Table 23-302A for species size and number of replacements required for each tree removal. In no case shall the approved replacement be less than one for one with the replacement trees being those which have a two-inch trunk diameter at four and one-half (4½) feet above the ground and a minimum canopy spread of six (6) feet.

Except for trees removed for the construction of buildings, retention areas, play courts, play fields, and other facilities, tree replacement requirements shall not apply where trees are removed selectively in accordance with a plan for landscaping parks and common open space areas as required per section 23-310.

TABLE 23-302A
REPLACEMENT TREE REQUIREMENTS

SPECIES
TO BE
REMOVED
DIAMETER ACCEPTABLE
REPLACEMENT
SPECIES
REPLACEMENT RATIO REPLACE/REMOVED REPLACEMENT
TREE
(MIN. DIAMETER)
Live Oak 4"—8" Live Oak 2/1 2"
Significant Live Oak 8"—16" Live Oak 3/1 2"
above 16" Live Oak 4/1 2"
All other significant trees 8"—16" same as removed 2/1 2"
Live Oak 1/1 2"
above 16" same as removed 3/1 2"
Live Oak 2/1 2"
All non-significant trees 4"—8" same as removed 1/1 2"
Significant Stand of Live Oaks see definition Live Oak landscaped area equal to ½ the area of the stand removed

 

SIGNIFICANT SPECIES OF TREE—Any tree not specifically exempted from permit requirements by subsection 23-214 of these land development regulations and having a diameter of eight (8) inches or greater.

SIGNIFICANT STAND OF OAK TREES—Any stand of oak trees whose trunk diameters may be less than four (4) inches encompassing a compact stand or grove covering fifty (50) or more square feet.

For SINGLE-FAMILY LOTS where it can be determined by the administrative official that planting of replacement trees would hinder the growth of remaining trees or where three (3) or more significant trees are to remain on the property following the removal of the applicant tree, the replacement requirement may be waived or reduced.

1. With the approval of the administrative official, the applicant may elect to place the required replacement trees in a public open space selected by the city rather than on his own property in order to supplement or renourish the existing tree population. The administrative official shall specify the size and species of the replacement trees, not to exceed the minimum size requirements as stated in paragraph (b).

2. In lieu of planting required replacement trees, the applicant may elect to make payment to the city's tree replacement fund. (See Table 23-242 "Land Use Applications—Required Fees" under 23-214 "Tree removal permit".) Funds in the tree replacement fund shall be reserved for planting plans for public parks and streetscapes, including tree inventories, assessments and planting plans; and for the purchase, planting, and maintenance of trees and shrubs in public parks and streetscapes. Expenditures from the fund shall be in accordance with a plan approved by the city commission.

c. Failure to obtain tree removal permit. Any tree removed without a tree removal permit as required by section 23-214 shall subject the violator to a fine according to Table 302B, and replacement according to Table 302A. All fines collected shall be deposited in an account established to fund the planting of trees in public open spaces.

TABLE 23-302B
FINES FOR TREE REMOVAL WITHOUT A PERMIT

Live Oak—Significant $2,500.00
Live Oak—Non-significant 500.00
All Other Trees—Significant 1,500.00
All Other Trees—Non-significant 250.00

 

Sec. 23-302.3 Construction barricades. Prior to commencement of site development, including any clearing or grading, protective barricades must be placed and maintained around all trees that are required to have a tree removal permit in accordance with section 23-214 unless removal of the tree has been approved under the requirements of section 23-302.2. The barricades shall remain in place until a certificate of use is issued or removal is approved by the administrative official.

a. The following activities are specifically prohibited within the barricaded area:

1. Vehicular traffic or parking.

2. Pedestrian traffic.

3. Storage of construction materials.

4. Placement of excavated materials.

5. Any activities that may disturb the root system within the barricaded area.

b. The barricade shall be a wooden or chain link fence placed at the dripline of the tree unless a smaller area is determined acceptable by the administrative official.

Sec. 23-302.4 Erosion control.

a. During construction. The requirements of the permit under the National Pollution Discharge Elimination System (NPDES) for the project shall be enforced.

b. After construction. At minimum, all disturbed areas shall be mulched, seeded or sodded as required by the city, and shall be maintained as such. The removal or lack of maintenance of vegetation resulting in on-site or off-site erosion or windblown loss of soils shall be deemed a violation of this section.

Sec. 23-302.5 Grading. The requirements of the permit under the National Pollution Discharge Elimination System (NPDES) for the project shall be enforced during and after grading.

Sec. 23-302.6 Excavation and filling. In areas where buildings are proposed, excavation and filling shall be governed by the Florida Building Code. In existing or proposed public rights-of-way, the utility specifications of the department of public works shall be followed.

Sec. 23-302.7 Natural and man-made features of the site.

a. The layout of proposed structures and improvements shall be made with regard for natural features such as large trees, unusual topographic features, watercourses, sites of historical significance and similar assets.

b. A survey showing all trees which require a permit for removal under section 23-214 of these land development regulations shall be submitted with the preliminary subdivision plan, planned development project plan or site plan for the purpose of reviewing the layout of proposed structures and improvements in regard to trees of significance. The relationship of such trees to the layout shall be considered in the review of the preliminary plan and changes may be requested or required in the layout as necessary to preserve such trees as practical while allowing reasonable use of the property.

Sec. 23-302.8 Paving. Street paving shall follow section 23-303 and applicable guidelines of the department of public works. For all paving, the drainage requirements of section 23-308 shall be followed.

Sec. 23-302.9 Installation of utilities.

a. Sewer and water service, meeting the standards of the director of public works, shall be provided to the lot line of each lot within a subdivision.

b. All sewer and water lines, storm water facilities and other utilities shall be installed only as approved by the director of public works under the site development permit issued pursuant section 23-217. Design and construction of sewer and water lines shall comply with the standards of Chapter 21, Lake Wales Code of Ordinances.

c. The underground installation of all on-site public utility facilities including lines, wires and related appurtenances is required in all new developments requiring subdivision, planned development project or site plan approval pursuant to this chapter unless specifically waived by the city commission or planning board, as applicable. Such waivers shall be granted only for expansions or alterations to existing development where the extent of proposed improvements does not warrant the cost of converting to underground utilities.

(Ord. No. 2008-45, § 7, 12-16-08

§ 23-303. Streets.
Effective on Wednesday, December 2, 2020

All streets shall be constructed in accordance with the standards of this section, unless specifically waived for a planned development project. All streets shall be public unless approved as private streets in a planned development project pursuant to section 23-224.

Sec. 23-303.1 Street layout. New streets shall extend existing street grids and patterns where feasible. Integrating new streets into the surrounding roadway network is favored over enclosed communities.

a. The street layout of a subdivision shall provide for the continuation or projection of streets already existing in areas adjacent to the areas being subdivided unless the approving body deems such continuation or extension undesirable for specific reasons of topography or design.

b. Where, in the opinion of the approving body, it is desirable to provide street access to adjoining properties, proposed streets shall be extended by dedication to the boundaries of such properties. Where the approving body deems it necessary, such dead-end streets shall be provided with a temporary turnaround having a radius of at least fifty (50) feet.

c. The street system for the proposed subdivision shall provide for extending existing streets at the same or greater width, but in no case shall a street extension be of less width than the minimum width required by these land development regulations for a street in its category.

Sec. 23-303.2 Street classification system.

a. Street classification system. The street classification system is established consistent with the Transportation Element and map of the Comprehensive Plan to ensure the expansion of a roadway network adequate to serve the needs of future development. The roadway functional classifications group streets and highways according to the character of service they are intended to provide in relation to the total road network. The Federal Highway Administration defines the  basic categories as follows:

Functional System

Services Provided

Arterial

Provides the highest level of service at the greatest speed for the longest uninterrupted distance, with some degree of access control.

Collector

Provides a less highly developed level of service at a lower speed for shorter distances by collecting traffic from local roads and connecting them with arterials.

Local

Consists of all roads not defined as arterials or collectors; primarily provides access to land with little or no through movement.

b. Classification of Lake Wales Streets

Streets providing service within the city are classified as arterials, major or minor collectors, and local roads as follows:

1. Arterial highways. Arterials are part of a network of continuous routes serving substantial statewide travel by connecting urbanized areas." The existing arterials within the city include:

State Road 60

U.S. Highway 27

2. Major collector roads. A major collector means a street which conducts moderate volumes of traffic between arterials and minor collectors or local streets and also provides access to abutting properties. Major collectors shall connect to arterials or other major collectors at both ends.

Major collectors in and immediately outside of the city that are part of the county road system include:

Buck Moore Road between Burns Avenue and State Road 60 (CR 17-B)

Burns Avenue, eastward from S.R. 17 (CR 17-A)

Central Avenue between U.S. 27 and S.R. 60

Eleventh Street southward from S. R. 60 (CR 17-B)

                Masterpiece Rd. from Buck Moore Rd. to city limit

Mountain Lake Cut-off Road

Chalet Suzanne Road eastward from U.S. 27 (CR 17-A)

                State Road 17(Alt. 25) 

Thompson Nursery Road westward from U.S. 27

3. Minor collector roads.

   Any new minor collector shall connect to another minor collector, an arterials, or a major collector at each end. Minor collectors shall not be dead-ends and shall not terminate at a local street.

 The city street system includes a gridwork of street classified as minor urban collectors, including:

Campbell Avenue between Marietta Street and Eleventh Street

Central Avenue between U.S. 27 and Lake Shore Blvd.

Dr. Martin Luther King Blvd. between Dr. J.A. Wiltshire Avenue and S.R. 60

Dr. J.A. Wiltshire Avenue between G Street and North Wales Dr.

E Street between Florida Avenue and Dr. J.A. Wiltshire Blvd.

Eleventh Street between Lakeshore Blvd. and S.R. 60

Euclid Avenue between Seventh Street and Eight Street

First Street between Dr. J.A. Wiltshire Blvd. and Winston Avenue

Grove Avenue between 9th Street and 11th Street South

Hunt Brothers Road between US Highway 27 and City limit

Lake Shore Blvd.

Marietta Street from Lake Shore Blvd. to Campbell Avenue

                Mountain Lake Cut-off Road from U.S. 27 to S. R. 17 

Ninth Street South south of Cohasset Avenue

North Wales Drive between Burns Avenue and Lake Shore Blvd.

Orange Avenue between Wetmore Street and S.R. 17

Palm Avenue

Park Avenue between Lake Shore Blvd. and Dr. Martin Luther King Blvd.

Polk Avenue between S.R. 60 and Lake Shore Blvd.

Sessoms Avenue between Dr. Martin Luther King Blvd. and North Wales Dr.

Stuart Avenue between Dr. Martin Luther King Blvd. and S.R. 17

Third Street between S.R. 17 and Winston Avenue

Tillman Avenue between S.R. 17 and Wetmore Street

Tower Blvd. between Burns Avenue and Lake Shore Blvd.

Wetmore Street between Sessoms Avenue and Briggs Avenue

4. Local street. Local streets provide connections between individual properties and collectors or arterials. A local street is a route that has the function of providing accessibility to individual parcels of property in residential areas. Local streets carry light volumes of traffic and should be designed to discourage through traffic and encourage low vehicular speeds. Local streets existing in the city are all of those street not listed in this subsection as arterials, major collectors or minor collectors.

Sec. 23-303.3 Street Access Requirements.

a. Adequate access. Approval of any new development or expansion of an existing development shall be contingent upon provision of adequate access as provided in this section. "Adequate access" shall be determined by the permitting authority based upon the standards for streets in this section and in accordance with the concurrency requirements of article VII, div. 1.

1. No subdivision or planned development project shall be approved by the City Commission unless there is adequate access to the property via existing public streets or a commitment has been made by the applicant or by the city, county, or state in the applicable capital facilities plan, to render the access adequate to serve the proposed development at the level of service standards required under article VII of this chapter, concurrent with development of the property.

2. No building permit or site plan approval pursuant to section 23-222 shall be issued for construction or placement of a building on a lot unless that lot has adequate access. Provided the concurrency requirements of article VII are met, access shall be deemed adequate if the lot has the required frontage on a public street constructed to city standards or a private street meeting the standards required by the city at the time of its approval for construction. If the street is unpaved, or does not meet other design requirements of this section necessary for adequate service to the proposed development, the administrative official, or the planning board, as applicable, shall require the applicant to upgrade the street to provide adequate access, unless the improvements are scheduled by the city, county, or state, and will render access adequate at the time the proposed structures are occupied.

b. Development access requirements. New development shall not be approved unless the development has or will have access to streets to serve that development, based on the following criteria:

1. Commercial, industrial, and professional development.

A. Developments on two (2) acres or less may be accessed from local streets. Where parcels proposed for development have multiple frontages, access from a side street is encouraged.

B. Developments on parcels larger than two (2) acres and commercial, industrial, or professional complexes and subdivisions shall provide a consolidated entrance from an arterial or major collector road and provide a minor collector road within the development to access individual lots, buildings, or groups of buildings. The planning board may require the collector road to meet the standards for a major collector and may require additional entrances for large developments.

C. No entrance road shall have driveways or parking lot entrances to individual parcels located within one hundred fifty (150) feet of its intersection with an exterior roadway.

    2. Residential development. Streets within new residential developments shall be designed to provide local streets within neighborhoods and collector roads to connect  neighborhoods to major collectors and arterial streets, within and outside of the development.

    A. No new residential subdivision or planned development with more than ten (10) lots or multi-family development with more than twelve (12) units shall be approved with primary access from a local street.

    B. No new residential lots or multi-family buildings shall have direct access to an arterial or major collector street. Collectors and local streets shall be provided within such developments for access to individual lots and buildings.

    C. No lots in new residential developments and no new multi-family buildings shall be approved or permitted on a local street unless the distance via local streets from the site to a minor collector street or street of higher classification is one thousand two hundred (1,200) feet or less.

    D. A collector street within a new residential development shall meet the standards for a major collector if it serves five hundred (500) units or more.

Sec. 23-303.4 Entrance roads, intersections and blocks.

a. Entrance road requirements.

1. Distance of cross streets from project entrance. In any residential or non-residential development, a minimum distance of one hundred fifty (150) feet is required between the intersection of any entrance road to the development with a roadway exterior to the project and the intersection of a cross street or parking lot access. In residential developments with over one hundred (100) dwelling units, the minimum distance shall be increased by fifty (50) feet for every one hundred (100) dwelling units, rounded off to the nearest one hundred (100) dwelling units, with a maximum of four hundred (400) feet.

2. New residential development or neighborhoods with no more than one hundred fifty (150) dwelling units proposed may be allowed to only have one (1) entrance, subject to the approval of the Development Review Committee.

3. Primary entrance roads are those that provide the main access to a residential development or any entrance from an arterial or major collector street. Secondary entrances are those that provide access to a residential development in addition to the primary entrance or entrances. The following standards shall apply to all residential developments with over fifty (50) dwelling units:

i. An entrance shall be provided to each collector road on which the development has frontage.

ii. At least one (1) primary entrance shall be provided to a residential development, except that those with fewer than ten (10) single-family dwelling units or twelve (12) multi-family dwelling units are not required to meet this requirement unless it is feasible to extend the entrance street to serve additional development in the future.

iii. Primary entrance roads shall be designed to meet the standards for a minor collector street, with no driveways to individual lots located on the entrance road. The required length of a primary entrance road shall be proportional to the number of dwelling units within the development:

TABLE – DWELLING UNITS AND REQUIRED LENGTH OF ACCESS ROAD

Number of dwellings

Length of Primary Entrance Road

(Meeting major collector design standards)

Up to 100

150 feet

100—199

200 feet

200—299

250 feet

300—399

300 feet

400—499

350 feet

iv. A secondary entrance shall be provided for any development with over fifty (50) dwellings. A secondary entrance shall meet the requirements for a minor collector.

b. Block length. Block lengths shall not exceed one thousand two hundred (1,200) feet or be less than four hundred (400) feet.

c. Angle of intersection. Streets shall intersect as nearly as possible at right angles and no intersection shall be at an angle of less than sixty (60) degrees.

d. Curb radii. Street curb intersections shall be rounded by radii of at least twenty (20) feet. When the smallest angle of street intersection is less than seventy-five (75) degrees, the director of public works may require curb radii of greater length. Wherever necessary to permit the construction of a curb having a desirable radius without reducing the sidewalk at a street corner to less than normal width, the property line at such street corner shall be rounded or otherwise set back sufficiently to permit such curb construction.

Sec. 23-303.5 Dead-end streets (culs-de-sac). No collector or arterial street shall be a dead-end street. Dead-end streets shall not exceed nine hundred (900) feet in length. All dead-end streets shall have a T or L shaped turnaround area at the terminus unless a turnaround is required for fire apparatus per the following criteria.

a. Where a cul-de-sac exceeds one hundred (150) feet in length, an approved turnaround for fire apparatus shall be provided at the closed end. Said turnaround shall have a minimum centerline radius of fifty (50) feet. Radius measurement shall not include curb, greenway or sidewalk. A landscaped center island is required. The maximum radius of a center island on a cul-de-sac with a minimum centerline radius shall be fourteen (14) feet.

b. Where a cul-de-sac exceeds three hundred (300) feet in length, an approved turnaround for fire apparatus shall be provided at the closed end. Said turnaround shall have a minimum centerline radius of sixty (60) feet. Radius measurement shall not include curb, greenway or sidewalk. A landscaped center island is required. The maximum radius of a center island on a cul-de-sac with a minimum sixty-foot radius shall be twenty-four (24) feet.

Sec. 23-303.6. Right-of-way and pavement width. The following shall be the required right-of-way and pavement widths for the street classification categories:

TABLE 23-303A
RIGHT-OF-WAY AND PAVEMENT WIDTH

STREET
CLASSIFICATION
RIGHT-OF-WAY WIDTH MINIMUM PAVED LANE WIDTH MINIMUM
SHOULDER
WIDTH
MINIMUM
DESIGN
SPEED
Arterial 120 feet - - -
Major Collector 84 feet 12 feet 6 feet 45 mph
Minor Collector 66 feet 12 feet 4 feet 35 mph
Local Street 50 feet 12 feet 18 inches 20 mph

 

 

Sec. 23-303.7 Pavement specifications. Street pavement shall be as required by the director of public works. Pavement shall be designed to carry the expected traffic loads and shall conform with current standard specifications for city streets. All street pavements shall be of a stable type. Loose aggregate will not be considered a completed pavement.

Sec. 23-303.8 Curbs and gutters. Curbs and gutters shall be provided on all streets. Vertical curbs shall be not less than six (6) inches in height and Miami curb shall not be less than three (3) inches in height. All curbs shall conform with the design standards established by the director of public works. Backfill shall be higher than the curb and shall slope toward the curb in order to ensure that surface water drains into the storm drainage system. Exempt from these requirements are streets within the C-1 and C1-A zoning districts.

Sec. 23-303.9 Sidewalks. Sidewalks constructed in accordance with this section shall be provided in all new developments and along all streets on which a development has frontage, unless a specific waiver is granted. City commission approval is necessary for any waivers of sidewalk construction requested with preliminary subdivision plats or planned development project plans. Compliance with this section is also required as a condition of approval of any site plan, including a site plan for a change of use, unless a specific waiver is granted by the planning board or administrative official as provided in this section. Planning board approval is required for waivers of sidewalk construction with major site plans or special exception use permits; the administrative official may grant waivers with approval of minor site plans and changes of use.

A waiver may be granted in cases where the where the applicable permit granting authority deems the sidewalk to be unnecessary because of adequate pedestrian accommodations in the development or neighborhood or deems the cost of the improvement to be unreasonable in light of the magnitude of the change triggering the site plan review. The requirement for construction of sidewalks along arterial and major collector roadways may also be waived where there are no existing sidewalks to extend, provided the developer contributes funds to the city equivalent to the cost of paving the applicable length of five-foot concrete sidewalk, such funds to be used by the city to construct or repair sidewalks elsewhere within the city. Payments in lieu of construction shall be based upon prices in contracts currently available for city construction of sidewalks to city standards.

a. Sidewalks shall be provided on at least one (1) side of all local streets and minor collectors and on both sides of arterials and major collectors. In the C-1 and C-2R districts, sidewalks shall be provided on both sides of the street, regardless of the street classification.

b. Sidewalks shall be concrete and shall be a minimum of four (4) inches thick. Sidewalks shall be a minimum of five (5) feet wide in residential areas and eight (8) feet wide in mixed use and non-residential districts.

c. Except in the C-1 district, there shall be at minimum a three-foot wide strip of landscaped area (as defined in section 23-307) between the sidewalk and curb in which a tree as defined in section 23-307 shall be planted every fifty (50) feet, at minimum. In planned development projects where adequate provision for pedestrian circulation is provided, the requirements of this section may be modified by the approving body.

d. Sidewalks shall be constructed as part of the street construction in a subdivision or planned development project unless surety has been accepted by the city commission to cover the cost of sidewalks, in which case, the sidewalks shall be completed in segments as adjacent buildings are completed. Certificates of use may be denied on properties where the sidewalk serving the property has not been completed. As part of the approval of a permit for a construction or alteration of a structure or parking area, the administrative official may require the construction or reconstruction of sidewalks in order to fulfill the requirements of this section.

(Ord. No. 2007-33, § 1, 9-4-2007)

Sec. 23-303.10 Curves in streets.

a. A tangent at least one hundred (100) feet long shall be introduced between reverse curves on arterial and collector streets.

b. Where there is a deflection angle of more than ten (10) degrees in the alignment of a street, a curve with a radius adequate to ensure safe sight distance shall be made. The minimum radii of curves shall be as shown in Table 23-303B.

TABLE 23-303B
MINIMUM CURVE RADIUS
(where there is a deflection angle greater than 10 degrees in the alignment of a street)

STREET
CLASSIFICATION
MINIMUM
CURVE
RADIUS
Arterial 500 feet
Major or Minor Collector 500 feet
Local Street 100 feet

 

 

c. Street jogs with center line offsets of less than one hundred twenty-five (125) feet shall not be made.

d. Every change in grade shall be connected by a vertical curve constructed so as to afford a minimum sight distance of two hundred (200) feet, said sight distance being measured from a driver's eyes, which are assumed to be four and one-half (4½) feet above the pavement surface, to an object four (4) inches high on the pavement. Profiles of all streets showing natural and finished grades, drawn to scale, may be required by the director of public works.

Sec. 23-303.11 Grades. All streets shall be designed so as to provide for the discharge of surface water from the pavement and from the right-of-way by grading and drainage facilities. The minimum street grade required for adequate drainage shall be as approved by the director of public works.

a. The minimum grade of all streets shall be 0.3 percent unless specifically approved by the director of public works.

b. Streets shall be designed so as to make them flood-free in order that properties served by such streets will not be isolated by floods. In flood-prone areas, the director of public works may require profiles and elevations of streets in order to determine the adequacy of design. Fill may be permitted by the director of public works provided that it does not adversely affect flood conditions of the surrounding properties. Street construction shall comply with Art. IV, Div. 1.Development in Flood Prone Areas as applicable.

c. All streets shall be graded to their full widths so that pavements and sidewalks can be constructed on the same level plane. Deviation from this standard due to special topographical conditions will be allowed only with the specific approval of the director of public works.

1. Preparation of the subgrade. Before grading is started, the entire right-of-way area shall first be cleared of all tree stumps, roots, brush and other objectionable materials and of all trees not intended for preservation. The subgrade shall be properly shaped, rolled and uniformly compacted to conform with the accepted cross section and grades.

2. Cuts. In cuts, all tree stumps, boulders, organic material, and other objectionable materials shall be removed to a depth of at least two (2) feet below the grade surface. Rock, when encountered, shall be scarified to depth of at least twelve (12) inches below the graded surface.

3. Fills. In fills, all tree stumps, boulders, organic material, soft clay, spongy material and other objectionable materials shall be removed to a depth of at least two (2) feet below the natural ground surface. This objectionable material as well as similar material from cuts shall be removed from the right-of-way area and disposed of in such a manner that it will not become incorporated in fills or hinder proper operation of the drainage system.

Sec. 23-303.12 Street lighting. Street lights shall be provided along all vehicular and pedestrian ways in all subdivisions and planned development projects. Light poles shall not exceed 14 feet in height and shall be located to provide sufficient lighting along all pedestrian pathways and streets. The style and placement of street lights shall be approved by the city prior to installation. In new developments, the style and placement shall be shown on the site development plans and reviewed in accordance with section 23-217. Street lights shall be located so as not to encroach on sidewalks.

Sec. 23-303.13 Street names.

a. Proposed streets which are obviously in alignment with other already existing and named streets shall bear the names of such existing streets.

b. The name of a proposed street which is not in alignment with an existing street shall not duplicate the name of any existing street in Polk County irrespective of the use of the suffix street, avenue, boulevard, drive, place, court, lane, road or similar suffix.

Sec. 23-303.14 Dedication of streets and utilities in subdivisions. All streets and utilities shall be dedicated to the city at the time of final plat approval of the subdivision unless the streets have been approved as private streets in a planned development project pursuant to section 23-224.

a. Dedication of right-of-way for new streets. The right-of-way for new streets to be dedicated shall be as follows:

TABLE 23-303C
RIGHT-OF-WAY DEDICATION REQUIREMENTS

STREET CLASSIFICATION* RIGHT-OF-WAY WIDTH
Arterial 120 feet
Major Collector 84 feet
Minor Collector 66 feet
Local Street 50 feet

 

 

*See § 23-303.2 for definitions of these street categories.

b. Dedication of right-of-way for existing streets. Subdivisions platted along existing streets shall dedicate additional right-of-way if necessary to meet the minimum requirements for new streets set forth in Table 303C above.

1. The entire minimum right-of-way width shall be dedicated where the subdivision is on both sides of an existing street. When the subdivision is located on only one (1) side of an existing street, one-half (½) of the required right-of-way width measured from the center line of the existing street shall be dedicated.

2. Dedication of one-half (½) of the right-of-way for proposed streets along boundaries of land proposed for subdivision shall be prohibited except for arterial streets.

(Ord. No. 2006-24, §§ 4—7, 6-6-06; Ord. No. 2008-45, § 8, 12-16-08; Ord. No. 2015-04, § 6, 7-7-15; Ord. No. 2020-30, § 1, 12-02-20)

§ 23-304. General requirements for lots and yards.
Effective on Wednesday, December 2, 2020

See article VIII for definitions of terms used in this section.

a. Prohibitions.

1. No building shall be erected on any lot unless such lot has the required frontage on a dedicated public road or a road shown on an approved and recorded final development plat. See also adequate access requirements in subsection 23-303.3(a).

2. No lot, even though it may consist of one (1) or more adjacent lots of record, shall be reduced in area so that lot area, yards, width or other dimension and area regulations of these land development regulations are not maintained. This provision shall not apply when a portion of a lot is acquired for a public purpose.

3. No building intended for residential purposes shall be occupied or constructed on land subject to periodic or frequent flooding, nor existing building enlarged, repaired or altered on land subject to periodic or frequent flooding.

4. No part of a yard required for any building may be included as filling the yard requirements for an adjacent building.

5. Accessory structures are permitted in yards as set forth in article VIII.

6. No odor- or dust-producing substance or use shall be permitted within one hundred (100) feet of any property line if the adjoining property is being used for residential purposes.

7. No products shall be publicly displayed or offered for sale from the roadside.

b. Double frontage and corner lots.

1. On corner lots, no obstruction shall be permitted to impede visibility between a height of two (2) feet and ten (10) feet above the grades of the intersecting streets within a visibility triangle of thirty (30) feet measured from the point of intersection of the travel lanes of two (2) streets, or a street and railroad.

2. Double frontage and corner lots shall meet front yard regulations on all adjacent dedicated public streets. (See section 23-522 for waiver of front yard requirements on subdivision lots with frontage on an exterior and interior street.)

(Ord. No. 2020-30,, § 1, 12-02-20)

§ 23-305. Fire protection.
Latest version.

Sec. 23-305.1 Access for fire fighting.

a. Every building shall be accessible by fire department apparatus by means of roadways having an all-weather driving surface of not less than twenty (20) feet of unobstructed width, having the ability to withstand live loads of fire apparatus, and having a minimum of thirteen (13) feet six (6) inches of vertical clearance. Dead-end fire department access roads in excess of one hundred fifty (150) feet in length shall be provided with approved provisions for turning around fire department apparatus. These requirements shall be permitted to be modified where, in the opinion of the fire department, fire fighting or rescue operations will not be impaired by such modification.

b. Access for use of heavy fire fighting equipment shall be provided to the immediate job site at the start of the project and maintained until completion.

Sec. 23-305.2 Fire protection during construction.

a. A water supply for fire protection, either temporary or permanent, shall be made available as soon as combustible material accumulates.

b. Where underground water mains and hydrants are to be provided, they shall be installed, tested in the presence of the city fire marshal, and in service prior to construction work.

Sec. 23-305.3 Installation of hydrants.

a. In residential areas, fire hydrants shall be not more than seven hundred (700) feet apart and no home shall be more than five hundred (500) feet from a fire hydrant measured along public rights-of-way, or as may be determined by the fire chief. Fire hydrant spacing shall be decreased to six hundred (600) feet or a radius of not more than three hundred (300) feet apart along public rights-of-way or private drives within residential developments other than single-family detached dwellings. All fire hydrants shall be serviced by not less than six-inch water mains or lines. Specifications for fire hydrants and other portions of the fire protection water installation shall be as set forth by the American Water Works Association and shall be compatible with existing installations.

b. For non-residential construction and development orders, all development shall be required to provide, at developers expense, fire hydrants at a maximum of three hundred (300) feet separation, measured along the roadway, whether public or private.

Sec. 23-305.4 Marking of hydrants.

a. Public hydrants. All barrels are to be chrome yellow except in cases where another color has already been adopted. The tops and nozzle caps shall be painted with the capacity-indicating color shown in Table 23-305D. For rapid identification at night, capacity colors shall be of a reflective-type paint. In addition to the painted top and nozzle caps, the rated capacity of high volume (Class AA) hydrants shall be stenciled in black on the hydrant top.

TABLE 23-305D
CAPACITY-INDICATING COLOR SCHEME
FOR MARKING OF HYDRANTS

CLASSIFICATION RATED CAPACITY IN
GALLONS PER MINUTE
(GPM)
COLOR OF TOPS AND
NOZZLE CAPS
Class AA 1,500 gpm or greater Light Blue
Class A 1,000—1,499 gpm Green
Class B 500—999 gpm Orange
Class C less than 500 gpm Red
All barrels are to be chrome yellow except in cases where another color has already been adopted.
Capacity colors on tops and nozzle caps shall be of a reflective-type paint.

 

b. Flush hydrants. Location markers for flush hydrants shall carry the same color background as stated in Table 23-305D for class indication, with such other data stenciled thereon as deemed necessary by the fire marshal.

c. Private hydrants. Marking on private hydrants within private enclosures is to be at the owner's discretion. When private hydrants are located on public streets, they shall be painted red to distinguish them from public hydrants.

(Ord. No. 2007-30, § 1, 8-21-2007)

§ 23-306. Off-street parking and vehicular access.
Effective on Wednesday, December 2, 2020

Off-street parking in compliance with this section shall be provided for all nonresidential and residential uses. All vehicles shall be parked in approved parking areas and shall not be parked in unpaved areas except in the rear yards of single-family houses or duplexes or as specifically approved pursuant to a site plan review under section 23-222.5. Parking on grassed areas for special events in public recreation areas is not regulated under this chapter.

Construction or alteration of any off-street parking areas and curb cuts for vehicular access requires compliance with this section and site plan approval under section 23-222 except that driveways for single-family houses and duplexes may be approved under section 23-215, land alteration permit. Waivers of strict compliance with this section may be granted by the planning board pursuant to section 23-222.5.

Any existing use not provided with conforming off-street parking space shall conform with the requirements of this ordinance at the time of any alteration or expansion of the use.

Sec. 23-306.1 Location of off-street parking areas.

a. Parking areas must be located on the premises of the land use they serve, except that a parking area may be approved by the administrative official on a separate site within four hundred (400) feet of the use it serves. The administrative official may require a deed, lease, or other reasonable proof to document that the off-premises parking area is available for long-term use.

b. Required parking spaces may be consolidated into a large parking area serving several uses. Such off-premises parking areas shall be maintained, regulated, and enforced as if they were on the premises served.

c. Parking areas serving nonresidential uses shall not be located or extend into residential zoning districts unless a special permit is granted pursuant to section 23-216. Existing parking areas serving nonconforming uses in residential districts shall not be expanded unless a special permit is granted.

Sec. 23-306.2 Layout off-street parking areas.

a. Access points/curb cuts. All off-street parking areas must have access from a street, except that access from an alley may be approved by the planning board for small parking areas.

1. Single-family houses and duplexes.

A. Each dwelling unit may have a driveway per street frontage with a curb cut not exceeding twenty-four (24) feet in width and measured at the property line .

B. One circular driveway may be permitted per single-family or duplex lot with curb cuts not exceeding twelve (12) feet in width measured at the property line and a minimum of twenty-four (24) feet between curb cuts.

C. Curb cuts shall be located at least two-thirds (2/3) of the distance of the lot frontage or one hundred (100) feet, whichever is less, from any intersecting roadways.

D. The minimum length of a driveway shall be twenty-five (25) feet measured from the property line.

2. Multi-family and nonresidential buildings except auto and truck repair and auto service stations.

A. Parking areas with access drives are required for multi-family and nonresidential buildings; spaces requiring vehicles to back into the street are prohibited.

B. Parking areas for multi-family and nonresidential buildings may be permitted one (1) curb cut not exceeding thirty-six (36) feet in width, or two (2) curb cuts each not exceeding twenty-four (24) feet in width per frontage on a street or access road interior to a development.

C. All curb cuts shall be located at least one hundred (100) feet or two-thirds (2/3) the distance of the lot frontage, whichever is less, from the intersection of any right-of-way of streets or a street and a railroad.

D. The minimum distance between a curb cut and a side or rear property line shall be fifteen (15) feet.

3. Auto and truck repair or auto service stations.

A. Two (2) curb cuts, not exceeding thirty-six (36) feet in width are permitted per street frontage.

B. Curb cuts shall be located at least fifty (50) feet from any intersection of streets or access roads interior to a development.

C. There shall be a minimum distance of thirty (30) feet between any two (2) access points serving one (1) property.

b. Paving and marking. All driveways and parking areas shall be paved with asphalt, concrete, or other stable paving material unless paving is specifically waived by the planning board pursuant to section 23-222.5. The administrative official may waive up to twenty-five (25) percent of the required paved parking. Parking areas shall be striped or otherwise marked to designate individual parking spaces. Wheel stops, curbing, or other barriers shall be provided at the head of parking spaces and curbing shall be provided around landscaped islands to prevent vehicles from encroaching on landscaped areas.

c. Off-street parking loading and unloading space. Off-street loading and unloading space shall be provided for all retail, restaurant, and industrial uses except those in the C-1 districts. The loading space shall be accessible to delivery vehicles without blocking streets, access ways, or required parking spaces.

d. Refuse collection area. A facility for refuse containers accessible to refuse collection trucks shall be provided for all multi-family and nonresidential buildings. Such facilities shall be screened by a solid fence, or enclosure, and shall measure a minimum of six (6) feet in height, with landscaping. A concrete pad must be provided for all dumpsters.

e. Parking spaces.

1. Angled parking spaces shall measure a minimum of ten (10) feet in width and twenty (20) feet in length, except where wheel stops are placed at the edge of a landscaped area at the head of the parking spaces, parking spaces eighteen (18) feet in length may be permitted.

2. Parallel parking spaces shall measure a minimum of ten (10) feet in width and twenty-four (24) feet in length.

3. Handicapped parking spaces shall measure twenty (20) feet in length and twelve (12) feet in width with a five-foot wide hatched area.

f. Parking access drives and aisles.

1. Access drives. Drives accessing parking areas shall be a minimum of twenty-four (24) feet wide for two-way traffic and twelve (12) feet wide for one-way traffic.

2. Access aisles. In parking areas with fifty (50) or more parking spaces, aisles between two (2) rows of parking spaces shall be designed for two-way traffic unless specifically approved to be one-way by the planning board. In parking areas with under fifty (50) spaces, access aisle widths shall be dependent upon the angle of the parking spaces as shown in Table 23-306A.

TABLE 23-306A
PARKING LOT AISLE WIDTH

ANGLE OF PARKING SPACES REQUIRED AISLE WIDTH
90 degrees or less 24 feet, 2-way traffic flow
60 degrees 18 feet, 1-way traffic flow
45 degrees 13 feet, 1-way traffic flow
30 degrees 11 feet, 1-way traffic flow
Parallel 12 feet, 1-way traffic flow

 

 

g. Pedestrian circulation in parking areas. Parking areas shall be designed to provide safe conditions for pedestrians.

1. In parking areas with fifty (50) spaces or more, walkways shall be provided between parking rows and building entrances.

2. Sidewalks with a minimum width of five (5) feet shall be provided where pedestrians must walk between a building and a vehicular travel way to reach the building entrance from the parking area.

3. Parking areas shall be located on the side(s) of buildings where there are entrances to the building and shall not be located in the rear yards of buildings unless specifically approved by the planning board upon a recommendation from the police chief.

4. Accessible routes shall be provided from off-site sidewalks to on-site sidewalks and from parking spaces to building entrances as required by the Florida Building Code.

h. Off-street parking area shall have a properly maintained landscaped separation strip with irrigation, at least five (5) feet in width along all streets on which the off-street parking area is located. Vehicular wheel stops or barriers shall also be properly located along the edge of the required separation strip. See section 23-307 for landscaping requirements.

(Ord. No. 2008-45, § 9, 12-16-08; Ord. No. 2017-20, § 1, 11-21-17)

Sec. 23-306.3 Number of off-street parking spaces required. The number of required spaces for each type of land use is set forth in Table 23-306B. The number of required spaces for handicapped persons is set forth in Table 23-306C. Required parking shall be determined by the planning board for uses not specified.

Existing off-street parking area for any premises shall not be reduced unless it exceeds the requirement of this ordinance.

TABLE 23-306B
MINIMUM AUTOMOBILE OFF-STREET
PARKING SPACE REQUIREMENTS

Notes: *Except for in residential uses, the administrative official may waive up to twenty-five (25) percent of required minimum parking spaces.

TYPES OF
BUILDING & USES
MINIMUM NUMBER OF
PARKING SPACES REQUIRED
RESIDENTIAL (See also LODGINGS)
One, Two-family dwelling 2 per dwelling unit
Multi-family dwelling 1.5 per dwelling unit
Dwelling unit for caretaker/watchman employed on premises 2 per dwelling unit
AMUSEMENT ESTABLISHMENT, INDOOR
Game rooms, bowling alleys, theaters, etc. 0.4 per seat based on maximum capacity of place of assembly;
or 0.3 per person based on maximum capacity;
or 1.0 per 50 sq ft of floor area devoted to assembly or recreation use
AMUSEMENT ESTABLISHMENT, OUTDOOR
  3 per hole for golf courses,
1 per 6 seats or 10 linear feet of bench seating for spectator sports,
1 per player or station for non-spectator sports
AUTOMOTIVE USES
Automotive dealerships 1 space per 250 sf of retail sales area, plus 1 space per 1000sf of outside display area.
Automotive repair 1 per bay for auto repair, plus 0.5 per 100sf of GFA.
EDUCATION & RELIGIOUS
School Elementary/intermediate: 3 per classroom Secondary: 6 per classroom
School, training 10 per classroom or 1 per 3 students based upon maximum enrollment
Cultural Facility 1 per 3 seats or if no fixed seats, 1.0 per 100 sq. ft. of floor or land area devoted to assembly or visitor use
Day Care 1 per full-time or equivalent staff member plus 1 per 5 permitted children.
Religious Establishment 0.3 per seat based upon maximum capacity of auditorium or principal place of assembly
FOOD SERVICE
Catering service 1 per 100 sq. ft of building floor area
Drive-through or Take-out (without seats) 1.0 per 50 sq. ft. of customer service area, min. 5 spaces
Restaurant 1 per 3 seats based on maximum capacity plus 3 for drive-up or take-out service
HEALTH CARE
Health service 0.4 per 100 sq. ft. of building floor area plus 3.0 per doctor, practitioner, or full-time equivalent
Hospital 1.4 per bed based on maximum patient capacity
Medical office (one practitioner) 0.4 per 100 sq. ft. of building floor area plus 3 spaces
Nursing Care Home .7 per bed based on maximum patient capacity
Veterinarian and Animal Hospitals 1 per examination room plus 3 per veterinarian
LODGINGS
Lodging with restaurant 1.1 per sleeping unit, plus 4 per 50 units, plus 1.0 per resident manager plus 0.2 per restaurant seat based on maximum capacity
Bed and Breakfast establishment 2 for the principal dwelling, plus 1.0 per guest room, plus 1.0 per person regularly employed on the premises
Boarding house 1 per sleeping room plus 1 for resident manager
Dormitory, Fraternity or Sorority House 1.5 per 2.0 students based upon maximum capacity plus 1 per resident manager
Hotel or motel 1 per unit/room
INDUSTRIAL USES
  0.7 per person employed on the largest shift
PROFESSIONAL AND COMMERCIAL USES
Construction support 1 per person employed on the largest shift plus 1 per 200 sq. ft. of customer service or merchandise sales area
Funeral home 1.0 per 50 sq ft of floor or land area devoted to slumber rooms, parlors or individual mortuary rooms plus 0.3 per seat based on maximum capacity of funeral service chambers or chapel
Kennel 1 per person employed on the largest shift plus 1 customer space per 10 animals based on maximum capacity plus 1 per 200 sq. ft. of customer service or merchandise sales area
Laboratory 1 per 500 sq. ft. of floor area in laboratory plus 0.4 per 100 sq. ft. office
Landscaping service 1.5 per person employed
Mini-storage 2 for resident manager
Office, non-medical 0.4 per 100 sq. ft. of building floor area
Personal service 2 per customer station if applicable; if not applicable, 0.4 per 100 sq. ft.
STORES
Retail 1 per 200 sq. ft. of sales area for first 10,000 sq. ft. plus 1 per 300 sq. ft. of sales area in excess of 10,000 sq. ft.
PUBLIC AND GOVERNMENT
Aircraft Establishment 1.5 per person employed at the facility plus 0.5 per 100 sq ft of building floor area devoted to retail sales
Public Transportation Terminal 1.5 per person employed at the facility plus 0.5 per 100 sq ft of building floor area devoted to retail sales
The minimum off-street parking space requirements for trucks shall be 1.0 space for every truck operated by the establishment on the premises.

 

 

TABLE 23-306C
HANDICAPPED ACCESSIBLE SPACES

TOTAL PARKING SPACES REQUIRED ACCESSIBLE SPACES
1 to 100 1 for each 25
101 to 150 5
151 to 200 6
201 to 300 7
301 to 400 8
401 to 500 9
501 to 1000 2% of total
1001 and over 20 plus 1 for each 100 over 1000

 

 

(Ord. No. 2008-04, § 8, 2-19-08; Ord. No. 2017-20, § 1, 11-21-17; Ord. No. 2017-20, § 2, 11-21-17; Ord. No. 2020-30, § 1, 12-02-20)

§ 23-307. Landscaping requirements.
Effective on Wednesday, December 2, 2020

Sec. 23-307.1 Vehicular use areas.

a. Applicability. The provisions of this subsection apply to all areas used for the display or parking of any and all types of vehicles, boats, or heavy construction equipment, whether such vehicles, boats or heavy construction equipment are self-propelled or not, and all land upon which vehicles traverse the property as a function of the primary use, hereinafter referred to as "other vehicular uses" which include but are not limited to activities of a drive-in nature such as, but not limited to, filling stations and grocery stores. All uses covered by this subsection shall conform to the minimum landscaping requirements hereinafter provided, save and except areas which are used for parking or other vehicular uses but which are located under or within buildings. 

b. Definitions. Terms used in this subsection shall be defined as follows:

1. Encroachment: Any protrusion of a vehicle outside a parking space, storage area, or access aisle into a landscaped area.

2. Ground cover: Low-growing plants, including grass, planted in such a manner as to form a continuous cover over the ground.

3. Hedge: A dense row of shrubs or low trees planted in such a manner as to offer a visual barrier and having a minimum height of two (2) feet and fifty (50) percent view blockage at time of planting with the capability of attaining a minimum height of four (4) feet and one hundred (100) percent view blockage within two (2) years.

4. Landscape material: Materials such as, but not limited to, living trees, shrubs, vines, lawn grass and ground cover and nonliving durable material commonly used in landscaping such as, but not limited to, rocks, pebbles, and sand but excluding pavement for vehicular use.

5. Shrub: A woody perennial plant differing from a perennial herb by its persistent and woody stems and from trees by its low stature and habit of branching from the base, as normally grown in this area.

6. Tree: A woody perennial plant with an elongated stem or trunk supporting branches and leaves of a species which normally grows to an overall height of at least fifteen (15) feet in this area.  Species listed in Sec. 23-214.b shall not be planted to meet landscaping requirements.

7. Vine: Any plant which normally requires support to reach its mature form.

c. Parking lot requirements. Barriers to prevent vehicles from encroaching on all landscaped areas in off-street parking areas shall be provided as required under section 23-306

1. Perimeter.

A. A landscape buffer shall be permanently maintained and located on the perimeter of all off-street parking areas. Such buffers shall meet the following width requirements, at minimum:

abutting an arterial or major collector roadway: 25 feet

abutting a minor collector, local roadway or access drive or travelway: 10 feet

abutting a single-family residential property or zoning district: 10 feet

abutting a non-residential property or zoning district: 5 feet

all others: 5 feet

B. Both trees and shrubs shall be planted in the landscaped buffer area.

i. Depending on the mature size of the trees being planted, trees shall be planted at a minimum of one (1) tree for each fifty (50) linear feet, or fraction thereof, abutting the right-of-way or interior lot line.

ii. Trees shall be a minimum of eight (8) feet in height at time of planting.

iii. Shrubs shall be planted to form a continuous screen except in a specific area where spacing or other changes would be more desirable.

iv. Shrubs shall be a minimum of two (2) feet in height at time of planting.

C. Portions of landscaped buffer area not planted with trees and shrubs shall be finished with ground cover or other landscape material.

D. An irrigation system shall be installed for the permanent maintenance of the landscaped buffer.

E. When an access way intersects a public right-of-way, all landscaping shall provide unobstructed cross-visibility at a level between two (2) feet and ten (10) feet within a cross-visibility triangle as defined below.

i. Two (2) sides of each triangle formed by the intersection shall be ten (10) feet in length from the point of intersection and the third side shall be a line connecting the ends of the two (2) other sides.

ii. Trees having limbs or foliage which extend into the cross-visibility area shall be allowed provided they are located and trimmed in such a manner as not to create a traffic hazard.

iii. Landscaping, except required ground cover, shall not be located closer than three (3) feet from the edge of any access way pavement.

2. Interior.

A. Interior portions of off-street parking areas not specifically designated as parking spaces or maneuvering areas shall not be paved for vehicular use but shall be planted and permanently maintained with trees and shrubs and finished with ground cover or other landscape material.

B. Landscaped areas with a minimum of ten (10) feet in width and a minimum total area of one hundred (100) square feet shall be provided to prevent excessively long, continuous runs of parking spaces.

i. Except where a bay of parking spaces is located along a landscaped buffer meeting the requirements of this chapter, no parking bay shall contain more than fifteen (15) continuous parking spaces or extend more than one hundred fifty (150) feet, whichever is more restrictive, without being interrupted by a landscaped area.

ii. Landscaped area must have one (1) tree of a minimum height of eight (8) feet at time of planting.

C. Each row of interior parking spaces shall be terminated at each end by a landscaped area which shall be a minimum of seventy-five (75) square feet in size and which shall have no dimension less than five (5) feet.

i. Landscaped area shall extend a minimum of seven-eighths (7/8) the distance of the length of the adjacent parking space.

ii. Landscaped area shall have one (1) tree of a minimum height of eight (8) feet at time of planting.

D. Interior landscaping is not required when the paved portion of the parking area is five thousand (5,000) square feet or less.

d. Planting of shade and ornamental trees. All trees shall be set or planted at least three (3) feet back from the curbline, and in cases where the lawn is more than six (6) feet wide, the trees shall be set along the centerline thereof. When trees are set, the surface of the lawn at tree locations shall be brought to the proper slope and elevation.

(Ord. No. 2007-33, § 2, 9-4-07; Ord. No. 2008-45, §§ 9, 10, 12-16-08)

Sec. 307.2 Landscaping standards.

a. Tree density. Credit shall be granted toward tree density requirements for trees preserved on site. Replacement ratios in Table 23-302A shall be used to calculate credit.

1. Applicability. Tree density requirements shall apply to all new construction and to all construction requiring a permit for additions, alterations and repairs in an aggregate cost exceeding twenty-five (25) percent of the assessed valuation of the building at the date a building permit for said additions, alterations or repairs is applied for.

2. Non-residential density requirement. A minimum of two (2) trees shall be required for each one-quarter (¼) acre or ten thousand eight hundred ninety (10,890) square feet of land or fraction thereof in the non-residential development.

3. Residential density requirements.

Lots less than 10,000 s/f: two, two-inch caliper shade trees, minimum of eight feet at planting.

Lots 10,000 s/f or greater: three, two-inch caliper shade trees, minimum of eight feet at planting.

4. Plan. Tree location shall be designated on either a site plan or a landscape plan.

5. Quality. Trees shall be living and healthy. Dead, unhealthy or damaged trees shall not apply in meeting tree density requirements and shall be replaced until the density requirement is met.

6. Spacing. No tree shall be considered in meeting density requirements which is planted closer than fifteen (15) feet to the base of another tree.

7. Density maintenance. If any required tree dies, it shall be replaced to maintain the tree density. The replacement need not be at the same location as the dead tree.

b. Plant material.

1. General quality.

A. After the effective date of this ordinance, drought-tolerant plants shall be used wherever landscaping is required.

B. Plant material shall at a minimum conform to the Standards for Florida No. 1 or better as established by the Florida Department of Agriculture.

C. Grass and sod shall be clean and reasonably free of weeds and noxious pests or diseases.

D. The use of invasive, poisonous, or commonly objectionable species is prohibited. 

2. Trees.

A. Trees shall be of a species which in this area will have a mature crown spread of greater than fifteen (15) feet and a trunk of five (5) feet of clear wood. Species excluded from the requirement for a tree removal permit (sec. 23-214) shall not be used in meeting landscaping requirements.

            B. Trees having an average mature crown spread of less than fifteen (15) feet may be substituted by grouping sufficient numbers so as to create the equivalent of a fifteen-foot crown spread.

C. All trees shall be a minimum of thirty (30) gallon size and approximately ten (10) feet overall height immediately after planting.

D. Trees of species whose roots are known to cause damage to public roadways or public works shall not be planted closer than twelve (12) feet to such public roadways or public works unless mitigating measures (such as root barriers) are in place to minimize any impact to said public facilities.

3. Shrubs and hedges.

A. Shrubs shall be a minimum of three (3) gallon size and approximately eighteen (18) inches in height when measured immediately after planting.

B. Hedges, where required, shall be planted and maintained so as to form a continuous, unbroken, solid, visual screen within one (1) year after planting.

4. Vines. Vines shall be a minimum of thirty (30) inches in height immediately after planting and may be used in conjunction with fences, screens or walls to meet physical requirements as specified.

5. Ground covers. Ground covers used in lieu of grass, in whole or in part, shall be planted in such a manner as to present a finished appearance and reasonably complete coverage within six (6) months after planting.

6. Lawn grass. Grass areas shall be sodded in species grown as permanent lawns in Polk County.

c. Landscaping installation.

1. All landscaping shall be installed with sound workmanship and in accordance with good planting procedures.

2. All elements of landscaping exclusive of plant material, except hedges, shall be installed so as to conform with all other applicable ordinances and code requirements.

3. All landscaped areas shall be protected from vehicular encroachment.

4. All landscaped areas shall be provided with a permanent below-ground irrigation system.

5. The administrative official shall inspect all landscaping and shall issue no certificate of use or similar authorization until the landscaping conforms to the requirements of this subsection.

d. Landscaping maintenance.

1. The owner, tenant and their agent, if any, shall be jointly and severally responsible for the maintenance of all landscaping in such condition as to present a healthy, neat and orderly appearance. Sufficient foliage shall be maintained on all plants and trees so that the landscaping meets its intended purpose whether for buffering, shade, or appearance. Hedges in buffers shall be maintained so as to sustain an opaqueness of at least eighty (80) percent at maturity.

2. All landscaped areas shall be kept free from refuse and debris.

3. Any deficiencies shall be corrected within thirty (30) days of written notification by the city.

(Ord. No. 2007-33, § 2, 9-4-07)

Sec. 23-307.3 Landscaped buffers. Minimum requirements for landscaped buffers are as follows:

a. Buffer between non-residential use and residential district. A five-foot wide separation strip shall be provided on property in non-residential use and a residential district. Within this strip, a permanent visual buffer, such as a wall or evergreen hedge, with a minimum height of six (6) feet shall be provided.

b. Buffer along streets exterior to a development. A landscaped buffer shall be provided in along streets exterior to a development where the rear yards of lots abut the exterior street.

1. Along a local street, the buffer shall be a minimum of ten (10) feet in width, and along collector and arterial roadways, twenty (20) feet in width.

2. The buffer shall be in a separate parcel or tract maintained by a homeowners' association or similar entity, in accordance with an approved landscaping plan.

3. The buffer shall be landscaped to provide a solid screen, such as a wall or hedge, a minimum of six (6) feet in height. One (1) tree shall be provided for every fifty (50) feet of buffer length.

Sec. 23-307.4 Drainage retention areas. Landscaping shall be required along retention areas abutting all travelways, including streets, accessways, bikeways, sidewalks, and driveways. There shall be a buffer with a minimum width of 25 feet with a grade of no more than 2% along any retention area abutting a roadway, accessway, or driveway. The buffer shall be measured from the edge of pavement and the top of slope of the retention area. The buffer shall be landscaped in accordance with a landscaping plan approved by the administrative official and meeting the following minimum requirements:

a. Any fence surrounding a retention area for the purpose of preventing access shall be screened with trees and shrubs with the equivalent density of one tree and 5 shrubs for every 50 feet of fence. Solid fences shall not be permitted along retention areas, and chain link shall not be permitted unless required by the stormwater permitting agency.

b. Buffers shall be planted at minimum of 5 shade trees per 300 linear feet.

c. Sidewalks, bikeways, and trails, shall be located no closer than 10 feet from the top of slope of the retention area and shall be a minimum of 3 feet from the curb or edge of pavement.

(Ord. No. 2006-24, §§ 8, 9, 6-6-06; Ord. No. 2014-08, § 4, 09-03-14; Ord. No. 2015-04, § 7, 7-7-15; Ord. No. 2018-07, § 2, 09-19-18; Ord. No. 2020-30, § 1, 12-02-20)

§ 23-308. Drainage.
Latest version.

Site improvements where drainage is necessary shall be constructed in accordance with this section.

Sec. 23-308.1 Design standards. Retention areas and other drainage facilities shall not be located in or encroach upon landscape buffers that are required under this chapter. This provision does not prohibit the landscaping of retention areas and drainage easements in accordance with a plan approved by the administrative official.

a. Subdivisions. All proposed projects for construction approval shall be required to submit site and drainage plans to Southwest Florida Water Management District for application, approval or exemption as specified in F.S. chs. 373 and 120, and Chapter 40-D40, General Surface Water Management Permits, addressing both water quantity and quality aspects of stormwater management. All proposed developments shall be governed by F.S. § 163.3202 F.S. and Rule 9J-23.033 F.A.C. concerning concurrency.

1. Subdivisions shall be consistent with the need to minimize flood damage.

2. Subdivisions shall have public facilities and utilities such as sewer, gas, electrical and water systems located and constructed to minimize flood hazards.

3. Subdivisions shall have drainage provided to reduce exposure to flood hazards.

b. Commercial and industrial developments. All proposed projects for construction approval containing more than one (1) acre of land shall conform to the same rules as set forth in paragraph (a) above.

Sec. 23-308.2 Drainage easements.

a. Drainage easements shall be maintained so that their function is not impaired through plant growth, debris, or permanent fences blocking ingress or egress to this area.

b. See section 23-309 for restrictions regarding planting and grading of easement areas.

Sec. 23-308.3 Off-site discharge. Any off-site discharge shall meet the requirements of the permit under the National Pollution Discharge Elimination System (NPDES) issued for the project.

(Ord. No. 2008-45, § 11, 12-16-08)

§ 23-309. Easements.
Latest version.

a. Requirement for easements: Easements necessary for utilities, including electrical, storm water, sanitary sewer, potable water, reclaimed water and other facilities, shall be approved by the director of public works and recorded with the clerk of court prior to the issuance of a building permit for construction on any lot.

1. Preliminary subdivision plats, planned development project plans, and site plans shall include utility easements for review.

2. Such easements shall be designed and located in accordance with city utility standards and shall be approved by the director of public works prior to the approval of site plans and recording of the documents creating such easements.

b. Alteration of easement: No structures, including fences and walls, shall be constructed within a utility easement without the written approval of the director of public works. No alteration of drainage easements such as the addition of berms or other grading, shall be made without the written approval of the director of public works.

c. Maintenance of easement: Easements shall be maintained in accordance with the requirements of Chapter 21 — Utilities of the Lake Wales Code of Ordinances.

d. Landscaping in easements: Easements may be landscaped subject to the following:

1. No trees or shrubs shall be planted within the easement except in accordance with a landscaping plan approved by the administrative official.

2. No fences or walls shall be erected within the easement without the written approval of the director of public works.

3. All shrubs shall be maintained at six (6) feet or less in height.

4. In an emergency, any obstacle or obstruction in an easement will be removed with no liability to the city.

(Ord. No. 2008-45, § 12, 12-16-08)

§ 23-310. Recreation area.
Effective: Wednesday, September 19, 2018

All residential developments approved as subdivisions, planned developments, or single-lot multi-family developments shall provide recreation area and facilities in compliance with this section.

a. Design criteria. Parks shall be planned as integral features of a development, providing scenic vistas along roadways, conveniently located recreation opportunities for residents, and access to and views of natural features such as ponds. Locating parks adjacent to water bodies and other natural features is encouraged.

1. Neighborhood parks and mini-parks required under this section shall be easily and safely accessed by pedestrians via walkways from the neighborhoods served.

2. Parks shall be located so as to utilize and highlight natural features of the property, to preserve stands of trees, to add interest to the streetscape, and to maintain and enhance views.

3. Parks shall be located and shaped to provide an environment separate from residential lots within the development.

i. If the park is equal in size to a single lot in the development, it shall have frontage on at least two (2) sides of the parcel.

ii. No single lot located between two (2) residential lots shall be designated as a park.

iii. Where neighborhood parks abut residential lots, buffering shall be provided to separate the residential property from the park and to prevent encroachment.

4. Parks designed to provide a focal point and gathering place for a neighborhood are encouraged.

5. Visibility of parks from residential units is encouraged. Central greens and parks with long street frontages are encouraged. Parks located in interior spaces surrounded by residential lots are discouraged.

6. Existing trees shall not be removed for the development or expansion of a park or common open space area except in accordance with a plan approved by the administrative official. The preparation and approval of such plans shall be guided by the standards for tree removal in section 23-302.2.a. and standards for recreation areas in this section. Such plans shall be based upon a tree survey prepared by a professional arborist unless a waiver is granted by the planning board for minor projects. An effort shall be made to identify and preserve trees of desirable species and good condition and to create an appealing park with shady areas. Allowance shall be made for removal of a reasonable number of trees in wooded areas to create usable, park-like conditions and to improve growing conditions for remaining trees. The plan(s) shall be reviewed as part of the site development permit process (section 23-217) unless otherwise specified in the conditions of approval for the development.

b. Recreation area requirement.

1. Neighborhood parks. In all residential developments, recreation areas in the form of neighborhood parks shall be provided at a ratio of one and one-half acre per 400 dwelling units at minimum. With the approval of the city commission, the neighborhood park requirement for a new development may be fulfilled through an equivalent contribution for improvements to an existing or proposed neighborhood park outside of the development, provided the park is within a quarter mile of the development and will be conveniently accessible for residents within the development and provided the level of service standard for neighborhood parks is met in the area.

A. A neighborhood park shall be located no further than 600 feet from any dwelling in the neighborhood it serves.

B. Green areas less than 5,000 square feet in area shall not be credited toward the neighborhood park requirement.

C. A neighborhood park with a minimum area of one quarter acre is required in any development, or defined neighborhood within a development, of fifty units or more.

D. A neighborhood park shall include at minimum the following improvements: benches, trees, open or grassy areas and play or exercise facilities geared to the type of population served.

2. Mini-parks. In all residential developments, recreation areas in the form of mini-parks shall be provided at a ratio of one-quarter (¼) acre per four hundred (400) dwelling units at minimum.

A. Mini-parks shall be strategically placed throughout a development to maximize accessibility to green space for residents.

B. A mini-park shall be no smaller than one thousand (1,000) square feet.

C. Mini-parks shall not be combined with neighborhood parks, except that mini-parks may be incorporated into a linear park.

D. Mini-parks shall be landscaped and at minimum shall provide seating area and connection to the pedestrian path network within the development.

E. Green space at the entrance to a development shall not be credited toward the mini-park requirement unless the permitting authority finds that by virtue of the design, the green space serves the function of a mini-park.

c. Credit for recreation area.

1. Linear parks, such as bike/pedestrian path corridors, may be credited toward the recreation area requirement after an adjustment to remove the total area of required sidewalks and a 3-foot green area between the sidewalk and street. To be credited toward the recreation requirement, such linear parks must be in a landscaped corridor, a minimum of 25 feet in width. Linear parks shall not constitute more than 50% of the neighborhood park requirement.

2. Recreation area provided in a development in excess of the minimum requirement may be approved to increase the inventory of community parks, and commensurate credit against the recreation impact fee (see article VII, div. 4) may be granted, provided the city commission finds that the recreation facility functions as a community park.

3. Medians within a roadway right-of-way shall not be credited toward the recreation area requirement unless the median functions as a linear park with a minimum width of 25 feet.

4. Retention areas, whether wet or dry, shall not be credited toward the recreation requirement, except as follows: 150% of the upland area of parks fronting on ponds or wet retention areas shall be credited in developments or neighborhoods of 50 units or more, provided the land area of the park is 10,000 square feet in area or more, and provided the park's frontage along the shoreline is a minimum of 50 feet per 10,000 square feet of such park land, and provided that the park has a minimum of 50 feet of street frontage.

d. Recreation facilities.

1. Recreation buildings or enclosed or paved play courts shall constitute a maximum of fifty (50) percent of the total required recreation area.

2. A minimum of two (2) shade trees per recreation area or a minimum of five (5) shade trees per acre, whichever is greater, shall be provided in recreation areas.

3. Community buildings shall be designed to double as hurricane shelters.

(Ord. No. 2006-24, §§ 10, 11, 6-6-06; Ord. No. 2008-45, § 7, 12-16-08; Ord. No. 2018-07, § 3, 09-19-18)