§ 78-96. Entrance features.

Entrance features are any combination of decorative structures and landscape elements located at the entrance to a development, which identifies or draws attention to the development.

Notwithstanding any other provision of this chapter, entrance features in compliance with each of the standards enumerated below shall be permitted:

(1)

Entrance features that are placed on private property shall be continually and properly maintained by the owners. To assure the proper maintenance of entrance features:

a.

An executed covenant, stating that all structures shall be maintained in good condition and repair and that all landscaping shall likewise be so maintained, shall be delivered to the zoning department for review and, upon approval, shall be duly recorded prior to the issuance of any permits.

(2)

Entrance features may be placed within public rights-of-way provided:

a.

Prior approval is granted by the Miami-Dade County Public Works Department and City of Hialeah Gardens Zoning and Public Works Departments; and

b.

A bond is submitted to the city in an amount to cover the removal of said features if deemed necessary at a later date by the city's public works department. The bond shall have an initial ten-year life and shall be renewed for five-year periods thereafter; and

c.

An executed covenant, stating that all structures shall be maintained in good condition and repair and that all landscaping shall likewise be so maintained, shall be delivered to the city for review and, upon approval, shall be duly recorded prior to the issuance of any permits. The city shall forward copies of all approvals to the Miami-Dade County Public Works Department.

(3)

Entrance features shall be placed so as not to encroach upon utility lines or traffic control devices whether overhead or underground; and where a conflict is encountered, the developer or designated property owner shall be responsible for the removal or relocation of said features or any parts thereof.

(4)

Entrance features shall be placed so as not to cause a visual obstruction which would create a traffic hazard, and should any illumination be incorporated it shall be placed so as to be unobtrusive to moving traffic lanes or adjacent properties.

(5)

The character and scale of entrance features shall be designed to be complementary to the identified development and compatible with the immediate neighborhood.

(6)

All structures within entrance features shall meet all standards of the Florida Building Code and any other applicable standards.

(7)

Applications for permits for entrance features shall be made by the fee owner of the property in question and shall be submitted to the zoning department. Applications shall include an accurately dimensioned plot plan identifying all structures and landscaping incorporated in said features and identifying all setbacks and elevations of the same.

(8)

Upon receipt of all necessary information, the city shall review the same, and in turn, render a decision either approving, modifying, or denying the request.

(9)

The applicant, or any aggrieved property owner in the area, may appeal the decision of the zoning department to the city council, in the manner provided for appeals.

(Ord. of 9-25-06)