Ordinance No. 95-15-111 ORDINANCE NO. 95-15-111
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, AMENDING CHAPTER 24, ARTICLE II OF
THE CODE OF ORDINANCES, LAND DEVELOPMENT
CODE, TO AMEND SECTION 24-84, DOUBLE FRONTAGE
LOTS; AMENDING SECTION 24-161, OFF-STREET
PARKING AND LOADING ; AMENDING SECTION 24-177
BUFFER DESIGN STANDARDS; PROVIDING FOR
CONFLICT; PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Atlantic Beach, Florida seeks to
strengthen buffers and minimize negative impacts between residential and commercial areas, the
City finds that it is necessary to amend Chapter 24, Article II of the Atlantic Beach Code of
Ordinances.
NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. Regulation Amended. That Section 24, Article II of the Code of
Ordinances, specifically the Land Development Regulations, Sections 24-84, 24-161, 24-177 of
the City of Atlantic Beach, Florida, are hereby amended to read as follows:
Sec. 24-84. Double frontage lots
(a) Double frontage lots. On double frontage lots, the required front yard shall be provided on
each street, except for lots as set forth below and as set forth in section 24-88.
(b) Special treatment of ocean-front Lots. For lots having frontage on the Atlantic Ocean, the
front yard shall be the yard which faces the Atlantic Ocean, and the required front yard shall be
measured from the lot line parallel to or nearest the ocean.
(c) Special treatment of Ocean Boulevard lots with double frontage. For double frontage lots
extending between Beach Avenue and Ocean Boulevard, the required front yard shall be the
yard, which faces Ocean Boulevard.
(d) Special treatment of through lots zoned Commercial, Professional Office (CPO), Commercial
Limited (CL), Commercial General (CG), Central Business District (CBD), and Light Industrial
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and Warehousing (LIW). For double frontage lots that are commercially or industrially zoned
and have residentially zoned property across an intervening street, the required front yard shall
be provided on each street. Properties along Atlantic Boulevard west of Mayport Road shall be
exempt from this requirement due to the Mayport flyover ramp.
Sec. 24-161. - Off-street parking and loading
(a) Purpose and intent. Off-street vehicular parking spaces required by this section shall be
provided at the time of the construction or expansion of any building for the uses listed in
this section. Parking areas shall be arranged for convenient access and the safety of
pedestrians and vehicles; shall provide barriers when located at the perimeter of a lot to
prevent encroachment on to adjacent properties; and when lighted, lights shall be directed
away from adjacent properties. Parking areas and driveways shall not obstruct stormwater
facilities, drainage swales or clear vehicular sight distance. Excess surface parking is
discouraged, and in no case shall the number of extra surface parking spaces exceed ten (10)
spaces or ten (10) percent, whichever is greater. Parking calculations demonstrating
provision of required parking shall be provided with all building permit applications
submitted for review. Required parking shall be maintained for the duration of the use it
serves.
(b) General requirements and limitations for parking areas.
(1) Adequate drainage shall be provided, and parking areas shall be maintained in a
dustproof condition kept free of litter and debris.
(2) All parking areas shall be paved unless an alternative surface is approved by the director
of public works. Any such alternative surface shall be maintained as installed, and shall
be converted to a paved surface if a failure to maintain results in adverse drainage or
aesthetic impacts.
(3) Parking for residential uses shall be located within paved or stabilized driveways,
private garages or carports or such areas intended for the day-to-day parking of
vehicles. Vehicles shall not be routinely parked within grassed or landscaped areas of a
residential lot or on grassed or landscaped portions of public rights-of-way adjacent to
the lot.
(4) There shall be no sales, service or business activity of any kind within any parking area.
(5) Mechanical or other automotive repair work on any motor vehicle shall not be
performed out-of-doors within any residential zoning district, except for minor
maintenance or emergency repair lasting less than eight (8) hours and performed on a
vehicle owned by the occupant of the residential property.
(6) Applications to vary from the requirements of this section shall follow the procedures set
forth in subsections 24-64(a) and (b). The community development board may approve such
application only upon finding that the intent of this section as set forth in preceding
subsection(a) is met.
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(c) Plans required. A composite site plan depicting the arrangement and dimensions of required
parking and loading spaces, access aisles and driveways in relationship to the buildings or
uses to be served shall be included on all plans submitted for review.
(d) Measurement. Where floor area determines the amount of off-street parking and loading
required, the floor area of a building shall be the sum of the horizontal area of every floor of
the building. In places of public assembly in which occupants utilize benches, pews or
similar seating, each twenty-four (24) lineal inches of such seating, or seven (7) square feet
of floor area where no seating is provided, shall be considered one (1) seat. When
computations result in requirement of a fractional space, a fraction equal to or more than
one-half('/z) shall require a full space.
(e) Uses not specifically mentioned. Requirements for off-street parking and loading for uses
not specifically mentioned in this section shall be the same as required for the use most
similar to the one (1) sought, it being the intent of this section to require all uses to provide
adequate off-street parking and loading.
(f) Location of required off-street parking spaces.
(1) Parking spaces for residential uses shall be located on the same property with principal
building(s)to be served.
(2) Parking spaces for uses other than residential uses shall be provided on the same lot or
not more than four hundred (400) feet away, provided that required off-street parking
shall in no case be separated from the use it serves by arterial streets or major collector
streets, or other similar barriers to safe access between parking and the use. A shared
parking agreement shall be required where offsite parking is used to meet parking
requirements. In such cases, the uses sharing parking must demonstrate different peak-
hour parking needs.
(3) Off-street parking for all uses other than single and two-family residential shall be
designed and constructed such that vehicles are not required to back into public rights-
of-way. Parking spaces shall not extend across rights-of-way including any public or
private sidewalk or other pedestrian thoroughfare.
(4) Off-street parking spaces for any use shall not be located where, in the determination of
the director of public safety, an obstruction to safe and clear vehicular sight distance
would be created when vehicles are parked in such spaces.
(g) Design requirements.
(1) Parking space dimensions shall be a minimum of nine (9) feet by eighteen (18) feet,
except that smaller dimensions may be provided for single-family residential lots,
provided that adequate onsite parking is provided to accommodate two (2) vehicles.
(2) Accessible parking spaces shall comply with the accessibility guidelines for buildings
and facilities (ADAAG), and shall have a minimum width of twelve (12) feet.
(3) Within parking lots, the minimum width for a one-way drive aisle shall be twelve (12)
feet, and the minimum width for a two-way drive aisle shall be twenty-two (22) feet.
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(4) Parking lots containing more than five (5) rows of parking in any configuration shall
provide a row identification system to assist patrons with the location of vehicles, and
internal circulation shall be designed to minimize potential for conflicts between
vehicles and pedestrians.
(h) Parking space requirements. Where existing uses, which do not provide the required number
of off-street parking spaces as set forth within this paragraph are replaced with similar uses
(such as a restaurant replacing a restaurant), with no expansion in size or increase in number
of seats, additional parking shall not be required. Any increase in floor area or expansion in
building size, including the addition of seats shall require provision of additional parking for
such increase or expansion.
(1) Auditoriums,theaters or other places of assembly: One (1) space for every four(4) seats
or seating places.
(2) Bowling alleys: Four (4) spaces for each alley.
(3) Business, commercial, retail, or service uses not otherwise specified: One (1) space for
each four hundred (400) square feet of gross floor area.
(4) Churches, temples or places of worship: One (1) space for each four (4) seats or seating
places.
(5) Clubs or lodges: One (1) space for each four (4) seats or seating places or one (1) space
for each two hundred (200) square feet of gross floor area, whichever is greater.
(6) Residential uses: Two (2) spaces per dwelling unit.
(7) Hospitals, clinics and similar institutional uses: One and one-half(11/2) spaces for each
hospital bed.
(8) Hotels and motels: One (1) space for each sleeping unit plus spaces required for
accessory uses such as restaurants, lounges, etc., plus one (1) employee space per each
twenty(20) sleeping units or portion thereof.
(9) Libraries and museums: One (1) space for each five hundred (500) square feet of gross
floor area.
(10)Manufacturing, warehousing and industrial Uses: One (1) space for each two (2)
employees on the largest working shift, plus one (1) space for each company vehicle
operating from the premises.
(11)Medical office or dental clinic: One (1) space for each two hundred (200) square feet of
gross floor area.
(12)Mortuaries: One (1) space for each four (4) seats or seating spaces in chapel plus one
(1) space for each three (3) employees.
(13)Marinas: One (1) space per boat slip plus one (1) space for each two (2) employees.
(14)Professional office uses: One (1) space for each four hundred (400) square feet of gross
floor area.
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(15)Restaurants, bars, nightclubs: One (1) space for each four (4) seats. Any outdoor seating
where service occurs shall be included.
(16)Rooming and boardinghouses: One (1) space for each guest bedroom.
(17)Schools and educational uses.
a. Elementary and junior high schools: Two (2) spaces for each classroom, office and
kitchen.
b. Senior high schools: Six (6) spaces for each classroom plus one (1) space for each
staff member.
(18)Vocational, trade and business schools: One (1) space for each three hundred (300)
square feet of gross floor area.
(19)Child care centers: Two (2) spaces for each employee, plus a clearly designated drop-
off and pick up area.
(20)Shopping centers: Four (4) spaces for each one thousand (1,000) square feet of gross
floor area.
(21)Assisted living, senior care and similar housing for the elderly where residents do not
routinely drive or maintain vehicles on the property: One (1) space for each four (4)
occupant accommodations.
(i) Off-street loading spaces. Off-street loading and delivery spaces shall be provided that are
adequate to serve the use such that interference with routine parking, pedestrian activity and
daily business operations is avoided. Where possible, loading and delivery areas should be
located at the rear of a site and shall not be required to back into a public right-of-way.
(j) Additional requirements for multi-family residential uses. New multi-family residential
development shall provide adequate area designated for parking of routine service vehicles
such as used by repair, contractor and lawn service companies. For new multi-family
development located east of Seminole Road, three (3) spaces per dwelling unit shall be
required in order to accommodate increased parking needs resulting from beach-going
visitors.
(k) Bicycle parking. All new development including any redevelopment or expansion that
requires any change or reconfiguration of parking areas, except for single- and two-family
residential uses, shall provide bicycle parking facilities on the same site, and such facilities
shall be located as close to the building entrance as possible, in accordance with the
following:
(1) Bicycle parking facilities shall be separated from vehicular parking areas by the use of a
fence, curb or other such barrier so to protect parked bicycles from damage by cars.
(2) Provision to lock or secure bicycles in a stable position without damage to wheels,
frames or components shall be provided. Bicycle parking shall be located in areas of
high visibility that are well-lighted.
(1) Parking areas and tree protection. Where protected trees exist within a proposed parking
area, and where more than ten (10) spaces are required, the city manager may reduce the
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number of required spaces solely for the purpose of preserving such protected trees. An
acceptable tree protection plan shall be provided to and approved by the city manager.
(m) 24-161 (m) Illumination values at the property line of a new commercial or industrial
development or redevelopment shall not be more than 0.2 fc at any point when a project is
located next to any residential use or residentially zoned property. The illumination values at the
property line of a project adjacent to any other use shall not be more than 1.0 fc. Compliance
with these criteria shall not be required between two adjacent non-residential properties of like
zoning or use classification provided that the properties are under the same ownership, or have
common parking areas or driveways.
At canopied areas, such as those found at drive-through facilities, service stations, convenience
centers, and car-washes, lighting under the canopy, awning,porte cochere, or similar structure
shall be either recessed or cut-off fixtures.
The City may require a lighting plan in order to determine compliance with this section.
Sec. 24-177. - Applicability; requirements; buffer design standards; maintenance; protection and
visibility.
(a) Applicability. The provisions of this section shall apply to all new nonresidential
development and multi-family development, including property in government use. The
provisions of this section shall also apply when the total cost of alteration, expansion or
renovation of existing such development is equal to or exceeds twenty-five (25) percent of
the current assessed value of the parcel improvements, or when the total square footage of a
structure is expanded by more than twenty-five (25) percent as well as when any cumulative
expansions total more than twenty-five (25) percent. Construction costs shall be determined
in accordance with the building evaluation data sheet as established by the Standard
Building Code Council International.
(b) Landscape plan required.
(1) Prior to the issuance of any development permit for nonresidential development and
multi-family development, a landscape plan shall be approved by the community
development director. For development sites greater than two (2) acres in size, a
landscape plan shall be submitted with preliminary site plans as required by subsection
24-167(c). The landscape plan shall be prepared by either the owner or a licensed,
registered Landscape architect, bearing his seal, or shall be otherwise prepared by
persons authorized to prepare landscape plans or drawings pursuant to Chapter 481, Part
II, Florida Statutes (landscape architecture).
(2) The required landscape plan shall be drawn to scale, including dimensions and
distances, and shall:
a. Delineate the vehicular use areas, access aisles, driveways, and similar features;
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b. Indicate the location of sprinklers or water outlets and back flow prevention
devices;
c. Designate by name and location the plant material to be installed or preserved in
accordance with the requirements of this part. The use of xeriscape landscape
materials and methods is strongly encouraged;
d. Identify and describe the location and characteristics of all other landscape
materials to be used;
e. Show all landscape features, including areas of vegetation required to be preserved
by law, in context with the location and outline of existing and proposed buildings
and other improvements upon the site, if any;
f. Include a tabulation clearly displaying the relevant statistical information necessary
for the director to evaluate compliance with the provisions of this part. This
includes gross acreage, square footage of preservation areas, number of trees to be
planted or preserved, square footage of paved areas, and such other information as
the director may require; and
g. Indicate all overhead and underground utilities located on the property and in the
right-of-way adjacent to the property to which the landscape plan applies. This
shall include overhead and underground electric service lines to all proposed
buildings.
(c) Vehicular use area interior landscaping requirements.
(1) Vehicular use areas open to the public. Ten (10) percent of vehicular use areas (VUAs)
used for off-street parking, employee parking, auto service stations, service drives, and
access drives within property located within commercial and industrial zoning districts
shall be landscaped.
(2) Specialized vehicular use areas closed to the public. Five (5) percent of VUAs used for
storage areas for new, used or rental vehicles and boats; motor vehicle service facilities;
motor freight terminals; and other transportation, warehousing and truck operations not
generally open to the public shall be landscaped.
(3) Criteria for distribution. Landscape areas shall be distributed throughout the VUA in
such a manner as to provide visual relief from broad expanses of pavement and at
strategic points to channel and define vehicular and pedestrian circulation. Landscape
areas shall contain the following:
a. At least twenty-five (25) percent of the Landscape areas shall be covered with
shrubs; the remainder in shrubs, groundcover, mulch or grass. Shrubs shall be
spaced on three-foot spacing.
b. Not less than one (1)tree for every four thousand (4,000) square feet of the VUA.
(4) Each row of parking spaces shall be terminated by a landscape island with inside
dimensions of not less than five (5) feet wide and seventeen (17) feet long, or thirty-five
(35) feet long if a double row of parking. Each terminal island shall contain one (1) tree.
Each side of the terminal island adjacent to a travel lane shall have a continuous six-
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inch high curb of concrete or other appropriate permanent material. The use of
depressed rain gardens or bioswales in parking lot landscaping is strongly encouraged.
Curb stops, rather than continuous curb, may be used to allow runoff to flow to the
landscaped area.
(5) If it can be shown to the satisfaction of the community development director that the
strict application of this section will seriously limit the use of the property, the
community development director may approve the location of the required interior
landscape area near the perimeter of the VUA or adjacent to the building on the
property, so long as the landscape area is within twenty (20) feet of the perimeter of the
VUA.
(d) Perimeter landscaping requirements.
(1) Street frontage landscaping. All VUA that are not entirely screened by an intervening
building from any abutting dedicated public street or approved private street, to the
extent such areas are not so screened, shall contain the following:
a. A landscape area of not less than ten (10) square feet for each linear foot of VUA
street frontage, fifty (50) percent of which shall be at least a five-foot-wide strip
abutting the street right-of-way except for driveways. The remaining required
landscape area shall be located within twenty-five (25) feet of the street right-of-
way.
b. A durable opaque landscape screen along at least seventy-five (75) percent of the
street frontage, excluding driveways. Shrubs, walls, fences, earth mounds and
preserved existing under-story vegetation, or combination thereof, may be used so
long as the screen is no less than three (3) feet high measured from the property
line grade. Walls or fences shall be no more than four (4) feet in height and of
wood or masonry at least eighty-five (85) percent opaque. Earth mounds shall not
exceed a slope of three (3) to one (1). No less than twenty-five (25) percent of
street side frontage of walls or fences shall be landscaped with shrubs or vines.
c. No less than one (1) tree, located within twenty-five (25) feet of the street right-of-
way, for each fifty (50) twenty-five (25) linear feet, or fraction thereof, of VUA
street frontage. The trees may be clustered, but shall be no more than seventy five
(75) fifty (50) feet apart. If an overhead power line abuts the street frontage, then
the required trees reaching a mature height greater than twenty-five (25) feet shall
be located at least fifteen (15) [feet] away from the power line.
d. The remainder of the landscape area shall be landscaped with trees, shrubs, ground
covers, grass, or mulch.
e. Landscape areas required by this section shall not be used to satisfy the interior
landscape requirements; however, the gross area of the perimeter landscaping
which exceeds the minimum requirements may be used to satisfy the interior
landscape requirements.
f. If a utility right-of-way separates the VUA from the public street or approved
private street, the perimeter landscaping requirements of this section shall still
apply.
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(2) Perimeter landscaping adjacent to lot lines. All vehicular use areas that are not entirely
screened by an intervening building from an abutting property, to the extent such areas
are not screened, shall contain the following:
a. A continuous landscape area at least five (5) feet wide between the VUAs and the
abutting property, landscaped with shrubs, ground covers, preserved existing
vegetation, mulch and grass.
b. No less than one (1) tree, located within twenty-five (25) feet of the outside edge of
the VUA, for every fifty (50) linear feet, or fraction thereof, of the distance the
VUA abuts the adjacent property. Trees may be clustered, but shall be no more
than seventy-five (75) feet apart.
c. A buffer wall between incompatible land uses as required by subsection (g), if
applicable.
d. If an alley separates the VUA from the abutting property, the perimeter landscaping
requirements shall still apply.
(3) Existing landscape screen. If an existing landscape screen has been established on
abutting property, then it may be used to satisfy the requirements of this section, so long
as the existing landscape screen is abutting the common lot line, and it meets all
applicable standards of this section.
(4) Driveways to streets. The maximum width of any driveway not containing a landscaped
island through the perimeter landscape area shall be thirty-six (36) feet. The maximum
width of any driveway containing a landscaped island through the perimeter landscape
area shall be forty-eight (48) feet and the driveway shall contain a landscaped island
which measures not less than eight (8) feet in width (from back of curb to back of curb),
surrounded by a six-inch continuous raised curb, or other alternative approved by the
director. In no event shall more than fifty (50) percent of any street frontage be paved,
nor shall the provisions of this section be applied to reduce the permitted driveway
width to less than twenty-four(24) feet.
(5) Driveways to adjoining lots. Driveways may be permitted by the community
development director to adjoining lots of compatible use.
(6) If a joint driveway easement is provided between adjacent property, then the required
perimeter landscaping for each property shall be provided between the drive and any
other vehicular use areas.
(7) If it can be shown to the satisfaction of the community development director that the
strict application of this section will seriously limit the use of the property, the
community development director may approve the location of the required interior
landscape area.
(e) Buffers required between incompatible or different use classifications.
(1) Where incompatible or different Use classifications are adjacent, without an intervening
street, a buffer strip shall be required between such uses. Such buffer strip shall be at
least ten (10) feet in width the entire length of all such common lot lines and shall be
required in the following circumstances:
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a. Multiple-family dwelling use or zoning districts, three (3) or more attached units
when adjacent to single-family dwelling(s) or lands zoned for single-family
dwelling.
b. Office use or zoning districts, when adjacent to single-family or multiple-family
dwellings, mobile home parks or subdivisions or lands zoned for single-family or
multiple-family dwellings, mobile home parks or subdivisions.
c. Mobile home park use or zoning districts, when adjacent to single-family
dwellings, multiple-family dwellings and office uses, or lands zoned for single-
family dwellings, multiple-family dwellings or offices.
d. Commercial and institutional uses or zoning districts, when adjacent to single-
family dwellings, multi-family dwellings or mobile home parks or mobile home
subdivision uses or lands zoned for single-family dwellings, multi-family dwellings
or mobile home parks or mobile home subdivisions.
e. Industrial uses or zoning districts, when adjacent to any nonindustrial uses or
zoning districts other than agricultural land uses or zoning districts.
(2) Required buffers shall at a minimum contain the following landscape materials:
a. Trees. The total tree count required within the buffer strip shall be one (1) tree for
each twenty-five (25) linear feet of required buffer strip, or majority portion
thereof.
b. Ground cover. Grass or other ground cover shall be planted on all areas of the
buffer strip.
c. Visual screen. A visual screen running the entire length of common boiundaries
shall be installed within the buffer strip, except at permitted access ways. The
visual screen may be a wood or masonry wall, landscaping, earth mounds or
combination thereof. Earth mounds shall not exceed a slope of three (3) to one (1).
If a visual screen which satisfies all applicable standards exists on adjacent property
abutting the property line or exists between the proposed development on the site
and the common property line, then it may be used to satisfy the visual screen
requirements.
d. Prevailing requirement. Whenever parcels are subject to both the perimeter
landscaping requirements and buffer strip requirements of the article, the latter
requirements shall prevail.
e. Hardship. If the community development director determines that the construction
of a landscape buffer area required by this section shall create an unreasonable
hardship, the director may approve a buffer area with a width no less than five (5)
feet, provided such buffer area meets the visual screening requirements of this
section.
(3) The required buffer strip shall not be used for principal or accessory uses and structures,
vehicular use areas, dumpster pads, signs, equipment, or storage.
(f) Landscape design standards.
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(1) Minimum tree requirements shall comply with subsection 23-17(c).
(2) A minimum of fifty (50) percent of all required trees shall be shade trees.
(3) Trees required for vehicular use area landscaping may be used to fulfill the tree
requirements of this section.
(4) Standards for landscape materials.
a. Plants and trees shall meet the criteria of chapter 23, subsection 23-17(e)(2)a.
b. Fifty (50) percent of the trees may be nonshade trees or trees with a mature canopy
of fifteen (15) feet, a minimum of two-inch caliper and a minimum of ten (10) feet
overall height. Trees shall not be planted closer than two (2) feet from any
pavement edge or right-of-way line, as measured from center of trunk. Shade trees
shall not be planted closer than four (4) feet from any pavement edge or right-of-
way line, as measured from center of trunk.
c. Palms may be substituted for the required trees at the ratio of two (2) palms for
each required tree or four (4) palms for each required shade tree. Palms shall be a
minimum clear trunk height of eight (8) feet, measured from the ground level to the
base of the palm.
d. Criteria for shrubs, vines and ground covers. Hedges and shrubs used to form an
opaque screen shall be no less than a three-gallon container [of] grown material or
equivalent balled and burlap material.
e. Lawns. Lawn grass may be sodded, plugged, sprigged or seeded, except that solid
sod shall be used on grass areas within street rights-of-way disturbed by
construction, in swales, on slopes of four (4) to one (1) or greater, and on other
areas subject to erosion. When permanent seed is sown during its dormant season,
an annual winter grass shall also be sown for immediate effect and protection until
permanent coverage is achieved.
f. Mulch. A minimum two-inch layer of organic mulch, such as wood bark, dead
leaves and pine straw, shall be applied and maintained in all tree, shrub, and ground
cover planting areas and bare preserved natural areas.
g. General cleanup. At the completion of work, construction trash and debris shall be
removed and disturbed areas shall be fine-graded and landscaped with shrubs,
ground cover, grass or two (2) inches of mulch.
(g) Maintenance and protection of landscaping.
(1) Maintenance. The property owner shall be responsible for the maintenance of all
landscaped areas, which shall be maintained in good condition so as to present a
healthy, neat and orderly appearance, free of refuse, debris and weeds. Failure to
maintain required landscape areas or to replace within thirty (30) days all required
landscaping which is dead, irreparably damaged, or fails to meet the standards of this
section, shall be deemed a violation of these land development regulations and subject
to code enforcement procedures.
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(2) Irrigation. Landscaped areas shall be provided with an automatic irrigation system.
Irrigation systems shall include moisture or rain sensors.
(3) Tree pruning. Required trees shall be allowed to develop into their natural habit of
growth. Trees may be pruned to maintain health and vigor by removal of dead, weak,
damaged or crowded limbs, diseased and insect-infested limbs, and branches which rub
other branches.
(h) Intersection visibility. Where an access way intersects with another access way within a
vehicular use area, or where an access way is located within a vehicular use area, or where
an access way intersects with a street right-of-way, cross visibility within the sight triangle,
as defined in this chapter shall be unobstructed at a level between two (2) and eight (8) feet,
above elevation of adjacent pavement.
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SECTION 2. Conflict. If any portion of this ordinance is in conflict with any portion of
any other ordinance, then the provisions of this ordinance shall govern.
SECTION 3. Severability. If any section, sentence, clause or phrase of this ordinance is
held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding
shall in no way affect the validity of the remaining portions of this ordinance.
SECTION 4. Effective Date. This Ordinance shall take effect immediately upon its final
passage and adoption.
PASSED by the City Commission on first reading this 26th day of October 2015.
PASSED by the City Commission on second and final reading this 9th day of November
2015.
if
CAROLYN WO At
Mayor, Presiding Officer
ATTEST:
(1AI/2-Zee
DONNA L. BARTLE
City Clerk
Approved as to form and correctness:
#1,-•
RICHARD KOMANDO
City Attorney
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