§ 78-145. Landscaping.

Editor's note— The Miami-Dade County Landscaping Ordinance is not set out herein, but is on file and available for inspection in the office of the city clerk.

Landscaping and open space shall be regulated by Chapter 18A, Miami-Dade County Landscape Ordinance and associated Landscape Manual and the City of Hialeah Gardens Design Guidelines and this article. Where there is conflict the most stringent or restrictive regulations shall apply. These regulations shall be considered the minimum standards which shall be enforced by the city. Additional landscaping may be required by the city in order to maintain and enhance its aesthetic environment. If a building permit is issued for renovating or remodeling within a commercial or industrial-zoned property, the city reserves the right, during site plan review prior to issuing the building permit, to require additional trees and landscaping to supplement existing landscaping.

(a)

Exemptions. Lots or parcels of land, on which a single-family home is used as a residence in the E-1, R-1 and R-2 residential district(s), shall be exempt from all provisions of these regulations. This shall not exempt any residential developments that require the approval of a site plan by the technical review committee.

(b)

Additional exemptions from tree protection standards.

(1)

Utilities. Any utility operators (publicly or privately owned) may remove, without permit but with prior written notice to the building department, protected trees located within utility easements and public rights-of-way that endanger public safety and welfare, or are interfering with utility service. When needed to restore interrupted service under emergency conditions, utility operators may remove trees immediately and without prior written notice.

(2)

Nurseries. All commercial nurseries, botanical gardens and tree farms shall be exempt from the provisions of this article.

(c)

Required landscaping.

(1)

Landscaped open space.

a.

The amount of landscaped open space required shall be provided as specified for each zoning district as enumerated in Article V, Development and Design Standards. Such space may include entrance features, greenbelts, unpaved passive areas, and other similar landscaped open space at ground level (See Article V, Development and Design Standards).

b.

Continuous, extensively planted eight-foot wide greenbelts, penetrated only at approved points for ingress or egress to the property, shall be provided along all property lines abutting public right-of-way and/or business (BU) or industrial (IN) properties abutting residential districts.

c.

Trees, as defined in Miami-Dade Code, Chapter 18A, pertaining to landscaping, shall be provided on the basis of one tree for each 1,000 square feet of required landscaped open space, with a minimum of four trees to be provided.

d.

All canal and lake shorelines within the city shall be preserved, landscaped and maintained by the abutting property owners or the city.

(2)

Parking areas.

a.

Landscaping in parking areas shall be regulated by Chapter 18A, County Landscaping Ordinance. Additionally, one landscaped island five feet wide shall be provided between every ten spaces.

(3)

Use of required landscape areas. No accessory structures, garbage or trash collection points or receptacles, parking, or any other functional use contrary to the intent and purpose of this article shall be permitted in a required landscape area. This does not prohibit the combining of compatible functions such as landscaping and drainage facilities.

(d)

Use of native plants and xeriscape principles.

(1)

The use of native plants and principles of xeriscape shall be encouraged.

(2)

Prohibited plants are those listed in the Miami-Dade County Landscape Manual and considered detrimental to the ecosystem.

(e)

Signs and lighting. Signs and lighting must be designed, installed, and constructed in accordance with City Ordinance 2004-11 (Urban Design Guidelines), which is incorporated by reference herein.

(Ord. of 9-25-06)