This article shall be known as the "City of Belleair Bluffs Landscaping code for Commercial, Industrial and Multifamily Properties." The purpose of this article is to improve the appearance of commercial, industrial and certain multifamily property off-street vehicular use areas within the city through the installation and maintenance of landscaping for screening and aesthetic effects and to recognize the importance of such landscaping through increased property values, the improvement of air quality and its contribution to the cooling of our environment. Therefore, it is the legislative intent of this article to protect and preserve the appearance, character, value and safety of Belleair Bluffs urban area and nearby properties and, by so doing, to promote the general welfare.

In addition to the definitions in § 102-10, the following terms shall have the meanings indicated:

COMMERCIAL NURSERY OR TREE FARM — A licensed plant or tree farm which plants, grows and cultivates plants or trees for the sale or intended sale of such plants and trees to the general public in the ordinary course of said licensee's business.

GRUBBING — The effective removal of vegetation, other than defined trees, from the site.

INTERIOR LANDSCAPING — An area or combination of areas equal to or greater than ten percent of the total vehicular use area.

LAND-CLEARING STAGE — A stage in the construction process in which trees and/or vegetation are removed from the land, i.e., proposed right-of-way excavation and paving; lake and drainage systems excavation; utility clearings; grubbings; and prebuilding construction projects.

OVERALL HEIGHT (OH) — The height, in feet, of a tree, measured from the top of the root ball/system to the top of the uppermost foliage branches.

PERIMETER LANDSCAPING — That landscaping surrounding a property pertaining to the area between the common lot line and the vehicular use area exposed to abutting properties.

REMOVE, REMOVAL, REPLANTING or REPLACEMENT — The act of digging up, cutting down, destroying or killing any tree.

SPECIES OF TREES — The term applies to trees possessing common distinctive characteristics and the ability to reproduce these characteristics.

TRANSPLANT — The act of digging up a tree from one location and planting the same tree in another place.

TREE BANK — The storage for future use of trees permitted for removal under the terms of this chapter which are donated to the city for its use.

TREE CLUSTER — Two or more primary tree trunks that are within three feet of one another.

TREE, SHADE/CANOPY — An evergreen or deciduous tree that can be maintained with a clear trunk of not less than six feet and with a spreading branching structure of at least 15 feet and opaque foliage habit such that a reasonably dense shade pattern is provided during peak daylight hours in the late spring, summer and early fall months of the year. For the purposes of this article, palms shall not be considered "shade/canopy trees."

(Amended 11-21-05 by Ord. No. 2005-23, § 1)

All vehicular use areas, except those located on, under or within buildings and except those serving single-, two- and three-family residential uses, shall conform to the minimum landscaping requirements hereinafter provided. "Vehicular use areas" shall include all areas used for the parking, circulation and/or display of any and all types of vehicles, boats or heavy construction equipment or other machinery capable of movement over streets and highways, whether self-propelled or not, and all areas upon which such vehicles traverse as a function of the primary uses of the related structures or property. This shall include, but is not limited to, activities of a drive-in nature, such as service stations, convenience stores, banks, restaurants and the like. The requirements set forth herein shall also apply to additions to existing vehicular use areas.

Prior to the development, modification or expansion of any vehicular use areas, application shall be made to the designated official for the issuance of a grounds permit. The grounds permit shall be issued by the designated official upon submission of the following requirements by the applicant and upon a finding by the designated official that the provisions of this article have been complied with:

A.

Vehicular use plan.

(1)

The developer shall submit to the designated official such information as the designated official deems necessary, to include four copies of a combination site plan-planting plan and which shall be in addition to any plans submitted for building permits.

(2)

Said plan shall hereinafter be referred to as the "vehicular use plan" and shall be required to be submitted for all proposed vehicular use areas.

(3)

When the vehicular use area is adjacent to or developed in connection with a proposed new structure, the vehicular use plan shall be submitted at the time of the submittal of building plans for the proposed structure.

B.

Contents.

(1)

The name and address of the owner and of the designer shall be indicated on the plan.

(2)

The date the plan is completed shall be stated.

(3)

Said plan shall be drawn to scale no smaller than one inch equals 40 feet and shall indicate all dimensions and property lines, provide elevation data and the North point and clearly delineate existing and proposed parking spaces, access aisles, driveways, sidewalks, wheel stops, curbs and other vehicular use controls. The location of curb cuts on adjacent property, median openings on abutting streets, lighting, irrigation systems, fire hydrants, water check valves, proposed planting areas, decorative or screen walls and fencing, existing trees and related buildings shall be shown. Planting areas must indicate the quantity, spacing, size, botanical name and common name of proposed plant material. An exterior elevation and wall section shall be provided for any decorative screen wall indicated on the plan.

C.

Filing fee. At the time of the issuance of the grounds permit, the applicant shall pay to the city a filing fee in the amount as established by the City Commission. If any person commences work on the development of any vehicular use area prior to obtaining the necessary grounds permit, the filing fee shall be quadrupled; and he/she shall be liable for the penalties prescribed for violations of this code.

D.

Certification of compliance. Upon completion of improvements, an Inspection Officer appointed by the City Administrator shall inspect the vehicular use area for compliance with the approved vehicular use plan and other requirements of this article. A certificate of compliance must be issued by the Inspection Officer before a certificate of occupancy can be issued for any related structure. When occupancy of a related building is desired prior to completion of the vehicular use area, a temporary certificate of occupancy may be issued if a financial guaranty, acceptable in form to the City Administrator, is provided.

(Amended 5-18-2015 by Ord. No. 2015-04, § 2; amended 11-14-2022 by Ord. No. 2022-15, § 1)

The development of vehicular use areas within the city shall conform to and meet the standards as set forth herein:

A.

Landscaping shall consist of any of the following or a combination thereof: material such as but not limited to grass, ground covers, shrubs, vines, hedges, shade/canopy trees or palms. In addition, nonliving durable material may be used to complement but not to be credited as landscaping. These materials include but are not limited to rocks, pebbles, walls or fences, but excluding paving and sand.

B.

Plant material used in conformance with provisions of this article shall conform to the standards for Florida Number 1 or better, as given in Grades and Standards for Nursery Plants, most current edition, State of Florida, Department of Agriculture and Consumer Services, Tallahassee or equal thereto. Grass sod shall be clean and reasonably free of weeds and noxious pests or diseases. Grass seed shall be delivered to the job site in bags with Florida Department of Agriculture tags attached, indicating the seed grower's compliance with the Department's quality control program.

C.

Trees.

(1)

Trees shall be of a species recognized by the State of Florida, Division of Forestry, as being suitable for successful propagation and growth in Pinellas County.

(2)

Trees shall be a species having an average spread/crown of greater than 15 feet in Pinellas County and having trunk(s) which can be maintained in a clean condition over five feet of clear wood.

(3)

At least 50% of all required trees shall be of a native species as recommended by, but not limited to, the following list: red maple (Acer rubrum); dahoon holly (Ilex cassine); American holly varieties (Ilex opaca); sweetgum (Liquidambar styraciflua); southern magnolia (Magnolia grandiflora); southern waxmyrtle (Myrica cerifera); slash pine (Pinus elliotti); longleaf pine (Pinus palustris); loblolly pine (Pinus taeda); cherry laurel (Prunus caroliniana); oaks (Quercus species); cabbage palm (Sabal palmetto); willow (Salix caroliniana); and baldcypress (Taxodium distichum).

(4)

Trees having an average mature spread of crown less than 15 feet may be substituted by grouping the same so as to create the equivalent of a fifteen-foot crown spread. Palms shall constitute no more than 25% of the required trees and shall have a minimum of six feet of clear wood at planting.

(5)

Tree species shall have a minimum two-inch DBH and shall be a minimum of eight feet in overall height immediately after planting. Trees of species whose roots are known to cause damage to public roadways or other public works shall not be planted closer than 12 feet to such public works, unless the tree root system is completely contained within a barrier for which the minimum interior containing dimensions shall be five feet square and five feet deep and for which the construction requirements shall be four-inch-thick concrete reinforced with No. 6 road mesh (six inches by six inches by six inches) or equivalent.

(6)

The following tree species are considered undesirable due to their growth or habit characteristics, and their planting shall be prohibited: Australian pine (Casuarina species); bishopwood (Bischofia javanica); Brazilian pepper (Schinus terebinthifolius); punk tree (Melaleuca leucadendron); ear tree (Enterolobium cyclocarpum); laurel fig (Ficus retusa "nitida"); and weeping fig (Ficus benjamina).

D.

Shrubs and hedges.

(1)

Shrubs shall be a minimum of 1 1/2 feet in height when measured immediately after planting. Hedges, where required, shall be of a species planted at appropriate spacing and maintained so as to form a continuous, unbroken, solid, visual screen within a maximum of two years after time of planting.

(2)

Fifty percent of the shrubs and hedges planted shall be of a drought-tolerant variety as recommended by the following list, although they may not be suitable for other climatic or environmental reasons: century plant (Agave attenuata); ponytail palm (Beaucarnea recurvata); bougainvillea species; powderpuff (Calliandra haematocephala); bottlebrush (Callistemon species); natal plum (Carissa grandiflora); sea grape (Coccoloba uvifera); croton (Codiaeum variegatum); ti plant (Cordyline terminalis); dracaena species; silverthorn (Elaeagnus pungens); yaupon holly (Ilex vomitoria); Chinese juniper (Juniperus chinensis); Texas sage (Leucophyllum frutescens); Japanese privets (Ligustrum species); southern waxmyrtle (Myrica cerifera); oleander (Nerium oleander); pittosporum species; yew podocarpus (Podocarpus macrophylla); boxthorn (Severinia busiflia); and spineless yucca (Yucca elephantipes).

E.

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

F.

Ground covers.

(1)

Ground covers in the interest of water conservation are encouraged to be used in lieu of grass, in whole or in part. They shall be planted in such a manner as to present a finished appearance and reasonably complete coverage within 18 months after planting.

(2)

Fifty percent of the groundcovers planted shall be of a drought-tolerant variety as recommended by the following list, although they may not be suitable for other climatic or environmental reasons: aloe species; asparagus fern (Asparagus sprengeri); dwarf carissa (Carissa macrocarpa); periwinkle (Catharanthus roseus); crown-of-thorns (Euphorbia milli); creeping fig (Ficus repens); daylily (Hemerocallis species); railroad vine (Ipomoia pes-capri); shore juniper (Juniperus conferta); trailing lantana (Lantana montevidensis); lilyturf (Liriope muscari); oyster plant (Rhoeo spathacea); sea purslane (Sesuvium portulacastrum); society garlic (Tulbaghia violacea); sea oats (Uniola panicolata); wedlia (Wedlia trilobata); and coontie (Zamia floridana).

G.

Lawn grass. Grass areas shall be planted and grown as permanent lawns using varieties that are suitable for Pinellas County. Grass may be sodded, plugged, sprigged or seeded, except that solid sod shall be used in swales or other areas subject to erosion, and provided that in areas where other than solid sod or grass seed is used, nurse grass seed shall be sown for immediate effect and protection until coverage is achieved.

H.

Any plant included on the most recent List of Florida's Invasive Species published by the Florida Exotic Pest Plant Council (available at www.fleppc.org) may not be included in the landscape plan. Developers shall remove any invasive species presently existing on the property as a part of the approved landscape plan.

(Amended 11-14-2022 by Ord. No. 2022-15, §§ 2, 3)

A.

All landscaping shall be installed in a sound workmanship-like manner and according to accepted good planting procedures with the quality of plant materials as herein described.

B.

All elements of landscaping exclusive of plant material, except hedges, shall be installed so as to meet all other applicable ordinances and code requirements. Linear and mass planting beds shall be mulched with a minimum of two inches of organic-type mulch, such as bark, leaves or pine needles, to decrease soil moisture evaporation. Landscaped areas shall require protection from vehicular encroachment ("encroachment" is defined as any protrusion of a vehicle outside of a parking space, display area or accessway into a landscaped area).

C.

The owner, tenant and/or agent, if any, shall be jointly and severally responsible for the maintenance of all landscaping which shall be maintained in good condition so as to present a healthy, neat and orderly appearance and shall be kept free from refuse and debris. The responsibility for maintenance, as set forth herein, shall include the parkways within right-of-way areas outside the property line contiguous to the site.

D.

Failure of the owner or tenant of the property to maintain the premises in good condition as set forth above shall make him/her liable for the penalties as set forth in this Land Development code or other such penalty that may be lawfully imposed.

On the site of a building or structure or open lot having a vehicular use area, where such area will not be entirely screened visually by an intervening building or structure from any abutting right-of-way, excluding dedicated alleys, there shall be provided landscaping between such vehicular use area and such right-of-way as follows:

A.

Landscaped strip.

(1)

A strip of land averaging at least five feet in depth with a three-foot minimum depth at any point, located between the abutting right-of-way and the vehicular use area, which is exposed to an abutting right-of-way shall be landscaped, such landscaping to include one tree for every 35 linear feet or fraction thereof, spaced not less than 30 feet nor more than 40 feet apart. Such trees shall be located between the abutting right-of-way and vehicular use area and shall be planted in a planting area of at least 25 square feet with a minimum dimension of at least five feet.

(2)

In addition, a hedge, wall or other durable landscape barrier, maintained at least two feet in height, shall be placed along the entire length of this linear frontage. If such durable barrier is of nonliving material, for every 10 feet thereof, one shrub or vine shall be planted abutting such barrier, unless they are of sufficient height at the time of planting to be readily visible over the top of such barrier.

(3)

The remainder of the required landscaped areas shall be landscaped with grass, ground cover or other landscape treatment, excluding paving or sand.

B.

Other property. All property, other than the required landscaped strip lying between the street and vehicular use area, shall be landscaped with at least grass or other ground cover.

C.

Necessary accessways. Necessary accessways from the public rights-of-way through all such landscaping shall be permitted to service the vehicular use area, and such accessways may be subtracted from the linear dimension used to determine the number of trees required.

A.

On the site of a building or structure or open lot having a vehicular use area where such area will not be entirely screened visually by an intervening building or structure from abutting property, that portion of such area not so screened shall be provided with a wall or hedge or other durable landscape barrier maintained no greater than six feet in height nor less than 3 1/2 feet in height to form a continuous screen between the common lot line and the vehicular use area and such abutting property.

B.

Such landscape barrier shall be located at any point between the common lot line and the vehicular use area exposed to the abutting property, provided that the purpose of screening the vehicular use area is accomplished.

C.

If such barrier consists all or in part of plant materials, such plant materials shall be planted in a planting strip averaging at least five feet in depth with a three-foot minimum depth at any point. In addition, one tree shall be provided for every 50 linear feet of such landscape barrier or fractional part thereof, spaced not less than 45 feet nor more than 55 feet apart. Such trees shall be located between the common lot line and the vehicular use area. Each such tree shall be planted in at least 25 square feet of planting area, with a minimum dimension of at least five feet. Each planting area shall be landscaped with grass, ground cover or other landscape material, excluding paving or sand, in addition to the required tree(s).

D.

The provisions of this section shall not be applicable in the following situations:

(1)

When a property line abuts a dedicated alley.

(2)

Where a proposed parking area or other vehicular use area abuts an existing hedge, wall or other durable landscape barrier on an abutting property. Said existing barrier may be used to satisfy the landscape barrier requirements of this section, provided that said existing barrier meets all applicable standards of this section and protection against vehicular encroachment is provided for hedges.

(3)

Where the abutting property is categorized and used for nonresidential uses. Only the tree provisions with its planting area as prescribed in this article shall be required. The number of trees shall be one tree for every 50 linear feet or fraction thereof, spaced no less than 45 feet nor more than 55 feet apart; but all perimeter requirements shall apply within the front setback area.

A.

An area or a combination of areas equal to 10% of the total vehicular use area shall be devoted to interior landscaping. Any perimeter landscaping provided in excess of that required may be counted as part of the interior landscaping requirement. Landscaping adjacent to a structure or structures on the same parcel of land which serves to beautify the vehicular use area and implements the purpose and intent of the landscape ordinance may be counted toward meeting the interior landscaping requirements. Said credit may not exceed 25% of the total required interior landscaping and shall be reviewed by the designated official for compliance with the purpose and intent of the landscape ordinance.

B.

Such landscaped areas shall be located in such a manner so as to divide and break up the monotony and expanse of paving, to prevent and discourage cross taxiing and to provide well-dispersed tree canopy shading. A combination of the following interior landscaping elements shall be counted as part of the interior landscaping requirements where applicable:

(1)

Terminal islands. Contiguous rows of 10 or more parking spaces shall be terminated on both ends by landscaped islands which measure an average of not less than five feet in width and extend the entire length of the parking space(s). At least one tree or grouping, as per § 102-123C of this article, shall be planted on said island.

(2)

Interior islands.

(a)

Interior landscaped islands which measure an average of not less than five feet in width and extend the length of a parking space shall be placed within rows of contiguous parking spaces so that there is at least one interior island for every 15 parking spaces or major portion thereof within the row. These islands shall be placed at intervals of not less than six nor more than 18 spaces. At least one tree or grouping, as per § 102-123C of this article, shall be planted on every interior island.

(b)

Interior islands need not be placed directly opposite each other when in abutting parking rows.

C.

Additional interior landscaping requirements.

(1)

Trees. There shall be a minimum of one tree planted for each separate planter installed in the vehicular use area, but the total number of trees shall not be less than one for every 200 square feet or fraction thereof of required interior landscaped area.

(2)

In vehicular use areas where the strict application of this section will seriously limit the function of said area, the required landscaping may be located near the perimeter of the paved area, including such perimeters which may be adjacent to a building on the site. Such required interior landscaping which is relocated as herein provided shall be in addition to the perimeter landscaping requirements.

(3)

The front of a vehicle may encroach upon any interior landscaped area when said area is at least 3 1/2 feet in depth per abutting parking space and protected by wheel stops that are anchored and placed within the confines of a parking area or curbing. Two feet of said interior landscaped area may be part of the required depth of each abutting parking space.

When an accessway intersects a public right-of-way or when the subject property abuts the intersection of two or more public rights-of-way, all landscaping within the triangular areas shall provide unobstructed cross-visibility at a level between three feet and six feet; provided, however, that trees or palms having limbs and foliage trimmed in such a manner that no limbs or foliage extend into the cross-visibility area shall be allowed, provided that they are so located as to not to create a traffic hazard. Landscaping, except required grass or ground cover, shall not be located closer than three feet from the edge of any accessway pavement.

In instances where healthy plant material exists on a site prior to its development, in part or in whole, for the purposes of off-street parking or other vehicular use areas, the application of the above landscape standards may be adjusted to allow credit for such plant material if such an adjustment is in keeping with and will preserve the intent of this article.

A.

Existing developed vehicular use areas not meeting the requirements contained in this article shall be brought into full compliance under one or more of the following conditions:

(1)

If expansion of an existing vehicular use area requires the installation of additional parking spaces.

(2)

If an existing vehicular use area is improved or remodeled in a value of 10% or more of the valuation of the existing use as reflected on the property appraiser's current records.

(3)

If an existing structure is improved or remodeled in a value of 25% or more of the valuation of the existing structure as reflected on the property appraiser's current records.

(4)

If an existing structure is increased in covered floor area by 10% or greater.

(5)

If an amendment is required to an existing final site plan.

B.

However, in the event that such compliance would prohibit required parking areas from meeting the minimum off-street parking requirements, as set forth in other sections of this article, then the requirements of this section may be adjusted, first modifying the requirements of the interior landscaping requirements portion and, if minimum off-street parking requirements still cannot be met, then modifying the requirements of the perimeter landscaping portion and, finally, modifying the requirements of the public right-of-way portion.

C.

The requirements for the responsibility of the owner, tenant or agent for the maintenance of parkway and right-of-way outside the property line contiguous to the site, as set forth herein, shall become immediately effective and applicable to all existing developed properties upon passage of this article.

Shorelines and other nondoubleface-seawalled waterways lacking wetland vegetation should be planted with native marine vegetation in order to minimize potential flood damage, stabilize the shoreline and trap sediments and other non-point-source pollutants and provide additional habitat for fish and wildlife.

Where strict adherence to the provisions of this article is impossible or impractical to enforce and the owner can demonstrate sufficient evidence of hardship, an appeal may be made to the Board of Adjustment for variance to the provisions in this article. Any such appeal shall clearly and in detail state what adjustment of requirement is being requested and the reasons why such adjustment is warranted. Any applicable fee shall be paid upon the taking of the appeal. If the owners of an existing vehicular use area can demonstrate to the City Commission that the existing vehicular use area meets or exceeds the intent of the provisions of this article, the requirements for variance may be waived.