3.01.01.

Purpose. The purpose of this Article is to provide development design and improvement standards applicable to all development activity within the City of Bowling Green. Additional design guidelines are found in Appendix A [to this ordinance], Development Design Guidelines.

3.01.02.

Responsibility for improvements. Unless otherwise specifically provided, all improvements required by this Article shall be designed, installed, and paid for by the Developer.

3.01.03.

Principles of development design. The provisions of this Article are intended to ensure functional and attractive development. Development design shall first take into account the protection of natural resources as prescribed in Article 5 of this Code. All development shall be designed to avoid unnecessary impervious surface cover; to provide adequate access to lots and sites; and to avoid adverse effects of shadow, glare, noise, odor, traffic, drainage, and utilities on surrounding properties.

3.02.01.

General provisions.

(A)

Purpose. This Section establishes minimum requirements applicable to the development transportation system, including public and private streets, bikeways, pedestrian ways, parking and loading areas, and access control to and from public streets. The standards in this Section are intended to minimize the traffic impacts of development, and shall be construed and implemented to create an efficient, safe, and balanced system of traffic circulation accommodating vehicles, bicycles, and pedestrians consistent with good engineering and development design practices.

(B)

Compliance with technical construction standards. All required elements of the transportation system shall be provided in compliance with engineering design and construction standards adopted by the City of Bowling Green.

3.02.02.

Base building lines.

(A)

General. The general purposes and intent of the City in the establishment of base building lines are to provide an efficient and economical basis for acquisition of street rights-of-way; and to provide a convenient and adequate thoroughfare network to meet the present and future needs of residential, commercial and industrial traffic through and around the City.

(B)

Base building lines established.

Base building lines are hereby established for all districts whereby no building or structure shall be constructed or erected closer than 15 feet from the street or road right-of-way line as shown on the Future Traffic Circulation Map of the City of Bowling Green Comprehensive Plan. Base building lines shall run parallel to the right-of-way center line. If a future right-of-way has been established and recorded, the recorded and proposed right-of-way shall be used for establishment of setbacks and base building lines.

No structure in any zoning district shall be placed forward of the base building line, regardless of the normal front or side street setback requirement for the district.

(C)

Base building line on state roads. Regardless of the provisions of Section 3.02.02(B) or any other provision of this Code, no structure shall be placed within 25 feet of the edge of the right-of-way of any state road located within the City.

3.02.03.

Street design standards.

(A)

General design standards.

(1)

All streets in a new development shall be designed and constructed pursuant to all engineering design standards adopted by the City of Bowling Green. Streets shall be dedicated to the City upon completion, inspection, and acceptance by the City.

(2)

The street system of the proposed development shall, to the extent practicable, conform to the natural topography of the site, preserving existing hydrological and vegetative patterns, and minimizing erosion potential, runoff, and the need for site alteration. Particular effort should be directed toward securing the flattest possible grade near intersections.

(3)

Streets shall be laid out to avoid environmentally sensitive areas.

(4)

Private streets may be allowed within any development, provided they are designed and constructed pursuant all engineering standards applicable to public roads of the same functional classification.

(5)

Private ownership of streets may be permitted with approval by the City Commission, if the developer, in writing, assures the City that these private improvements shall be kept in a satisfactory state of repair and maintenance by the developer or by legally established homeowners association, which shall be clearly stated on the face of the final plat.

(6)

The street layout in all new development shall be coordinated with and interconnected to the street system of the surrounding area.

(7)

Streets in proposed subdivisions shall be connected to rights-of-way in adjacent areas to allow for proper inter-neighborhood traffic flow. If adjacent lands are unplatted, stub-outs in the new development shall be provided for future connection to the adjacent unplatted land.

(8)

Residential streets shall be arranged to discourage through traffic.

(9)

Streets shall intersect as nearly as possible at right angles and in no case shall be less than 75 degrees.

(B)

Right-of-way requirements.

(1)

Widths: Right-of-way requirements for road construction are as follows:

(2)

Private road rights-of-way, when allowed within subdivisions, shall be the same width as public rights-of-way.

(3)

Where one-way private streets are utilized in Mobile Home Parks or RV Parks, the minimum right-of-way width shall be 25 feet.

(4)

Future right-of-way requirements are identified in the Traffic Circulation Element of the City of Bowling Green Comprehensive Plan. Where roadway construction, improvement, or reconstruction is not required to serve the needs of the proposed development project, future rights-of-way shall nevertheless be reserved for future acquisition. No part of the reserved area shall be used to satisfy minimum requirements of these regulations. Building setback shall be based on future right-of-way line.

(5)

A proposed subdivision that encompasses an existing public street that does not conform to the minimum right-of-way requirements shall provide for the dedication of additional right-of-way along either one or both sides of said street so that the minimum right-of-way required by this [section] can be established. If the proposed subdivision abuts only on one side of said street, then a minimum of one half the required right-of-way, shall be dedicated or reserved by the subdivision.

(C)

Pavement widths. Pavement widths for each street classification shall be as provided in the following table:

(D)

Cul-de-sac turnarounds.

(1)

Permanent dead-end streets extending more than two (2) lots or more than 125 feet shall provide a cul-de-sac turnaround, the location and specification of which shall be established by the City Engineer and the fire department.

(2)

An unobstructed 12-foot-wide moving lane with a minimum outside turning radius of 38 feet shall be provided at the terminus of every permanent cul-de-sac.

(E)

Clear visibility triangle. In order to provide a clear view of intersecting streets to the motorist, there shall be a triangular area of clear visibility formed by two (2) intersecting streets or the intersection of a driveway and a street. The following standards shall be met:

(1)

Nothing shall be erected, placed, parked, planted, or allowed to grow in such a manner as to materially impede vision between a height of two (2) feet and 10 feet above the grade, measured at the center line of the intersection.

(2)

The clear visibility triangle shall be formed by connecting a point on each street center line, to be located at the distance from the intersection of the street center lines indicated below, and a third line connecting the two points.

(3)

The distance from the intersection of the street center lines for the various road classifications (shown as "X" in the diagram) shall be as follows:

(4)

Where roads of different functional classifications intersect, the distance for each street shall be used. For example, when a principal arterial and an urban collector intersect, there shall be no obstructions 100 feet along the principal arterial and 60 feet along the urban collector, from the intersection of the two streets.

(5)

The foregoing visibility triangle provisions shall not apply within the Residential districts as designated on the Future Land Use Map, City of Bowling Green Comprehensive Plan.

(F)

Signage and signalization. The developer shall deposit with the City sufficient funds to provide all necessary roadway signs and traffic signalization as may be required by the City, based upon City or state traffic standards. At least two street name signs shall be placed at each four-way street intersection, and one at each "T" intersection. Signs shall be installed under light standards and free of visual obstruction. The design of street name signs shall be consistent, of a style appropriate to the community, and of a uniform size and color.

(G)

Blocks.

(1)

Where a tract of land is bounded by streets forming a block, said block shall have sufficient width to provide for two (2) tiers of lots of appropriate depths.

(2)

The lengths, widths, and shapes of blocks shall be consistent with adjacent areas.

3.02.04.

Sidewalks and bikeways.

(A)

When required.

(1)

Projects abutting Principal or Minor Arterial facilities shall provide sidewalks adjacent to such roadways. Location of sidewalks shall be consistent with planned roadway improvements.

(2)

Sidewalks shall be provided on both sides of all residential streets where the average lot width at the street is 60 feet or less.

(3)

Sidewalks shall be provided on one side of all residential streets where the average lot width at the street is greater than 60 feet but less than 150 feet.

(4)

Where a proposed development includes improvements or new construction of collector or arterial facilities, facility designs shall include provision for sidewalks and bikeways within the right-of-way.

(5)

Residential projects adjacent to or in the immediate vicinity of commercial, office, service, or recreation activities shall provide pedestrian and bicycle access from the development to the activity center.

(6)

Pedestrian-ways or crosswalks, not less than 10 feet wide with a sidewalk meeting the requirements of this Section, may be required to be placed in the center of blocks more than 800 feet long where deemed necessary to provide circulation or access to schools, playgrounds, shopping centers, transportation and other community facilities.

(B)

Design and Construction Standards. Design and construction of sidewalks, bikeways, or other footpaths shall conform to all applicable engineering requirements adopted by the City of Bowling Green, including provisions for access by physically handicapped persons. Standards shall be consistent with those adopted by the American Association of State Highway and Transportation Officials (AASHTO) and the American with Disabilities Act Accessibility Guidelines for Buildings and Facilities (ADAAG).

3.02.05.

Access points onto streets. All proposed development shall meet the following standards for vehicular access and circulation:

(A)

Number of access points.

(1)

Every project shall have access to a public right-of-way. Access to a state road is controlled and permitted by the Florida Department of Transportation in compliance with Chapter 14-97, F.A.C., State Highway System Access Management Classification System and Standards. The maximum number of points of access permitted onto any one (1) road shall be as follows:

(2)

In lieu of any two (2) openings onto any one (1) road, there may be permitted a single point of access of up to a maximum width of 48 feet. When this alternative is elected there shall be a permanent median at the center of the opening.

(3)

Adjacent uses may share a common driveway provided that appropriate access easements are granted between or among the property owners.

(4)

Schools and/or uses requiring emergency vehicle access may have one additional access provided that the additional access drive is limited to school bus or emergency vehicle use only.

(4)

The City Engineer may approve additional access points, or limit access points where transportation circulation and safety conditions permit.

(B)

Separation of access points.

(1)

There shall be a minimum distance of 12 feet between any two openings onto the same street.

(2)

No point of access shall be allowed within 10 feet of the intersection of the right-of-way lines of any public road.

(3)

The distance between access points shall be measured from the center line of the proposed driveway or roadway to the center line of the nearest adjacent driveway or roadway.

(C)

Access to residential lots.

(1)

No residential lots having a width less than 125 feet shall abut a Principal Arterial without also directly abutting a local or Minor Arterial street.

(2)

No lot in a subdivision shall be approved with less than 20 feet of frontage on a public street right-of-way.

(D)

Paving. All driveways in all zoning districts must be paved with all-weather pavement of asphalt or concrete, and shall be so graded and drained as to provide for the adequate runoff and disposal of surface water, and shall be constructed in accordance with standards of the City.

3.02.06.

Standards for drive-in facilities. All facilities providing drive-up or drive-through service shall provide on-site stacking lanes in accordance with the following standards:

(A)

The facilities and stacking lanes shall be located and designed to minimize turning movements in relation to driveway access to streets and intersections.

(B)

The facilities and stacking lanes shall be located and designed to minimize or avoid conflicts between vehicular traffic and pedestrian areas such as sidewalks, crosswalks, or other pedestrian accessways.

(C)

A bypass lane shall be provided.

(D)

Stacking lane distance shall be measured from the service window to the property line bordering the furthest street providing access to the facility as measured along the center line of the stacking lane.

(E)

Minimum stacking lane distance shall be as follows:

(1)

Financial institutions shall have a minimum distance of 200 feet. Two or more stacking lanes may be provided that together total 200 feet.

(2)

All other uses shall have a minimum distance of 120 feet.

(F)

Alleys or driveways in or abutting areas designed, approved, or developed for residential use shall not be used for circulation of traffic for drive-in facilities.

(G)

Where turns are required in the exit lane, the minimum distance from any drive-in station to the beginning point of the curve shall be 34 feet. The minimum inside turning radius shall be 25 feet.

(H)

Construction of stacking lanes shall conform to all engineering design standards adopted by the City of Bowling Green.

3.03.01.

Applicability. This Section shall apply to all new construction requiring off-street parking, and existing nonconforming parking facilities if on-site renovation, construction or repair exceeds 50 percent of the assessed value of the property.

3.03.02.

Off-street parking.

(A)

Number of required spaces. In all districts, off-street parking shall be provided as set forth in the following table and as may be modified by the provisions following the table.

(B)

Off-street parking for the physically disabled. All development covered by § 316.1955—316.1956, F.S., shall provide parking for the physically disabled pursuant to the requirements of those sections. In addition, all residential developments with greater than 25 required parking spaces shall comply with the requirements of § 316.1956, F.S.

(C)

Bicycle parking.

(1)

Number of spaces required. One (1) bicycle parking space shall be provided for every 10 automobile parking spaces, or fraction thereof, required for the use, except as provided below:

(2)

Design standards.

a.

The Building and Zoning Department shall maintain a list of approved bicycle parking facilities.

b.

Other bicycle parking devices may be used if it is established to the satisfaction of the Department that the standards below are met.

c.

The rack or other facility shall:

1)

Be designed to allow each bicycle to be supported by its frame.

2)

Be designed to allow the frame and wheels of each bicycle to be secured against theft.

3)

Be designed to avoid damage to the bicycles.

4)

Be anchored to resist removal and solidly constructed to resist damage by rust, corrosion, and vandalism.

5)

Accommodate a range of bicycle shapes and sizes and to facilitate easy locking without interfering with adjacent bicycles.

6)

Be located to prevent damage to bicycles by cars.

7)

Be consistent with the surroundings in color and design and be incorporated whenever possible into building or street furniture design.

8)

Be located in convenient, highly-visible, active, well-lighted areas.

9)

Be located so as not to interfere with pedestrian movements.

10)

Be located as near the principal entrance of the building as practicable.

11)

Provide safe access from the spaces to the right-of-way or bicycle lane.

(D)

Location of parking spaces. Parking spaces required by this Section shall be located as follows:

(1)

Such parking spaces as required in this Section shall in no part exist upon, and no portion of any vehicle shall overhang, the right-of-way of any public road, street, alley, or walkway. There shall be no off-street parking in the front yards of single-family residences, except as normally exists in driveways.

(2)

Parking spaces for all other dwellings shall be located on the same development site as the main building.

(3)

Parking spaces for all other uses shall be provided on the same development site as the main building, or not more than 300 feet distant, as measured along the nearest pedestrian walkway. Such parking area may be located in an adjacent residential district provided that such parking area is screened so as to prevent headlights from shining on residential properties and to minimize vehicular noise.

(4)

Parking requirements for two (2) or more uses, of the same or different types, may be provided by the establishment of the required number of spaces for each use in a common parking area.

(E)

Required parking lot improvements. Any off-street parking lot serving any use other than dwellings of four (4) units per building or less shall meet the following requirements for off-street parking lot improvements:

(1)

Buffer and canopy. The parking area will be buffered and canopy provided pursuant to Section 3.07.00.

(2)

Surfacing. For all retail sales and services, business services, and professional services serving the general public and having access to and abutting a paved street, the off-street parking area shall be provided with a hard surface of all-weather pavement, of asphalt or concrete, and shall be so graded and drained as to provide for the adequate runoff and disposal of surface water, and shall be constructed in accordance with standards of the City Engineer.

(3)

Lighting. Where lighting facilities are provided for the parking area, they shall be designed and installed so as to direct the light away from any contiguous residential property.

(F)

Parking deferral.

(1)

To avoid requiring more parking spaces than actually needed to serve a development, the City Commission may waive the provision of some portion of the off-street parking spaces required by this Section if the conditions and requirements of this Section are satisfied.

(2)

As a condition precedent to obtaining such a waiver by the City Commission, the developer must show any one or more of the following:

a.

A parking study prepared by a qualified professional indicates that there is not a present need for the deferred parking.

b.

The developer has established or will establish an alternative means of access to the use that will justify deferring the number of parking spaces sought to be deferred. Alternative programs that may be considered by the City Commission include, but are not limited to:

1)

Private and public car pools and van pools.

2)

Charging for parking.

3)

Subscription bus services.

4)

Flexible work-hour scheduling.

5)

Ride sharing.

6)

Establishment of a transportation coordinator position to implement car pool, van pool, and transit programs.

c.

The percentage of parking spaces sought to be deferred corresponds to the percentage of residents, employees, and customers who regularly walk, use bicycles and other non-motorized forms of transportation, or use mass transportation to come to the facility.

(3)

If the developer satisfies one or more of the criteria in (2), the City Commission may approve a deferred parking plan submitted by the developer. The number of parking spaces deferred shall correspond to the estimated number of parking spaces that will not be needed because of the condition or conditions established.

(4)

A deferred parking plan:

a.

Shall be designed to contain sufficient space to meet the full parking requirements of this Section, shall illustrate the layout for the full number of parking spaces, and shall designate [those] that are to be deferred.

b.

Shall not assign deferred spaces to areas required for landscaping, buffer zones, setbacks, or areas that would otherwise be unsuitable for parking spaces because of the physical characteristics of the land or other requirements of this Code.

c.

Shall include a landscaping plan for the deferred parking area.

d.

Shall include a written agreement with the City that, one (1) year from the date of issuance of the certificate of occupancy, the deferred spaces will be converted to parking spaces that conform to this Code at the developer's expense, should the City Commission determine from experience that the additional parking spaces are needed.

e.

Shall include a written agreement that the developer will cover the expense of a traffic study to be undertaken or commissioned by the City to determine the advisability of providing the full parking requirement.

(5)

At any time after one (1) year from the date of issuance of a certificate of occupancy for the development, the City Commission shall have the authority to require that the deferred spaces be converted to operable parking spaces by the developer.

(6)

The developer may at any time request that the City Commission approve a revised development plan to allow converting the deferred spaces to operable parking spaces.

(G)

Reduction for mixed or joint use of parking spaces. The City Commission shall authorize a reduction in the total number of required parking spaces for two or more uses jointly providing off-street parking, when their respective hours of need of maximum parking do not normally overlap. Reduction of parking requirements because of joint use shall be approved, if the following conditions are met:

(1)

The developer submits sufficient data to demonstrate that hours of maximum demand for parking at the respective uses do not normally overlap.

(2)

The developer submits a legal agreement, approved by the City Attorney, guaranteeing the joint use of the off-street parking spaces as long as the uses requiring parking are in existence or until the required parking is provided elsewhere, in accordance with the provisions of this Section.

(H)

Reduction for low percentage of leasable space. If a use has a very low percentage of leasable space, because of cafeterias, athletic facilities or covered patios; multiple stairways and elevator shafts; atriums; conversion of historic residential structures to commercial use; or for other reasons; the City Commission may reduce the parking requirements, if the following conditions are met:

(1)

The developer submits a detailed floor plan describing how all of the floor area in the building will be used.

(2)

The developer agrees in writing that the use of the square footage identified as not leasable shall remain as identified, unless and until additional parking is provided to conform fully with this Code.

(I)

Parking of RVs in residential districts. No person shall occupy a mobile home for living purposes in any residential district as guest of the resident of the property involved, for a period longer than seven (7) days out of a thirty (30) day period.

3.03.03.

Off-street loading requirements. Off-street loading spaces shall be provided in accord with the provisions of this Section.

(A)

Every hospital, institution, commercial or industrial building or similar use shall be provided with one (1) loading space for each 20,000 square feet or more of floor area, and requiring the receipt or distribution by vehicles of materials or merchandise shall have at least one (1) permanent off-street loading space for each 20,000 square feet of gross floor area, or fraction thereof, immediately adjacent to the principal building.

(B)

Retail operations, wholesale operations, and industrial operations with a gross floor area of less than 20,000 square feet shall provide sufficient space for loading and unloading operations in order that the free movement of vehicles and pedestrians over a sidewalk, street or alley shall not be impaired.

(C)

Every off-street loading and unloading space shall have a direct access to a public street or alley, and shall have the following minimum dimensions:

a.

Length: 30 feet;

b.

Width: 12 feet;

c.

Height: 14 feet.

(D)

Mobile home and trailer sales establishments shall provide adequate space off of the public right-of-way for the maneuvering of mobile homes and trailers into position on the property without blocking traffic on the abutting street or road.

3.03.04.

Design standards for off-street parking and loading areas.

(A)

Location. Except as provided herein, all required off-street parking spaces and the use they are intended to serve shall be located on the same parcel as the use itself.

(B)

Off-street parking. The City Commission may approve off-site parking facilities as part of the parking required by this Code if:

(1)

The location of the off-site parking spaces will adequately serve the use for which it is intended. The following factors shall be considered:

a.

Proximity of the off-site spaces to the use that they will serve.

b.

Ease of pedestrian access to the off-site parking spaces.

c.

Whether or not off-site parking spaces are compatible with the use intended to be served, e.g., off-site parking is not ordinarily compatible with high turnover uses such as retail.

(2)

The location of the off-site parking spaces will not create unreasonable:

a.

Hazards to pedestrians.

b.

Hazards to vehicular traffic.

c.

Traffic congestion.

d.

Interference with access to other parking spaces in the vicinity.

e.

Detriment to any nearby use.

f.

The developer supplies a written agreement, approved in form by the City Attorney, assuring the continued availability of the off-site parking facilities for the use they are intended to serve.

(3)

All parking spaces required by this Section for residential uses should be located no further than the following distances from the units they serve:

Resident parking: 200 feet

Visitor parking: 250 feet

Distances shall be measured from a dwelling unit's entry to the parking space. Where a stairway or elevator provides access to dwelling units, the stairway or elevator shall be considered to be the entrance to the dwelling unit. For purposes of measuring these distances, each required parking space shall be assigned to a specific unit on the development plan, whether or not the developer will actually assign spaces for the exclusive use of the specific unit.

(C)

Size.

(1)

Standard and compact parking spaces shall be sized according to Figure A below.

A = Parking Angle

B = Stall Width

C = Stall Depth

D = Aisle Width

E = Curb Length Per Car

F = Lot Width

(2)

Parallel parking spaces shall be a minimum of eight (8) feet wide and 22 feet long. If a parallel space abuts no more than one (1) other parallel space, and adequate access room is available, then the length may be reduced to 20 feet.

(3)

Tandem parking spaces must be a minimum of nine (9) feet wide and 20 feet long.

(4)

A standard motorcycle parking space shall be four and one-quarter (4 ¼) feet wide and nine and one-quarter (9 ¼) feet long.

(5)

The standard off-street loading space shall be 10 feet wide, 25 feet long, provide vertical clearance of 15 feet, and provide adequate area for maneuvering, ingress and egress. The length of one or more of the loading spaces may be increased up to 55 feet if full-length tractor-trailers must be accommodated. Developers may install spaces that are larger than the standard, but the number of spaces shall not be reduced on that account.

(6)

Up to 20 percent of the required parking spaces may be designated as compact spaces with minimum dimensions of 8 feet by 16 feet. Compact spaces will only be allowed in projects requiring 20 or more parking spaces. The compact spaces shall be clustered in one or more groups of spaces and dispersed throughout the site so that drivers using either compact or full-sized spaces have equal access to the most convenient parking locations. Compact spaces shall be designated by signs on every third space, painted Compact on each pavement space and double striped to indicate their status. Spaces provided in excess of the required number of spaces may all be compact spaces provided that compact spaces shall never exceed 33 percent of the total number of spaces provided.

(7)

The Zoning Board of Appeals may modify these requirements where necessary to promote a substantial public interest relating to environmental protection, heritage conservation, aesthetics, tree protection, or drainage. The City Engineer shall certify that the modification does not create a serious hazard or inconvenience, and the Zoning Board of Appeals shall submit a written statement of the public interest served by allowing the modification.

(D)

Layout.

(1)

Pedestrian circulation facilities, roadways, driveways, and off-street parking and loading areas shall be designed to be safe and convenient.

(2)

Parking and loading areas, aisles, pedestrian walks, landscaping, and open space shall be designed as integral parts of an overall development plan and shall be properly related to existing and proposed buildings.

(3)

Buildings, parking and loading areas, landscaping and open spaces shall be designed so that pedestrians moving from parking areas to buildings and between buildings are not unreasonably exposed to vehicular traffic.

(4)

Landscaped, paved, and gradually inclined or flat pedestrian walks shall be provided along the lines of the most intense use, particularly from building entrances to streets, parking areas, and adjacent buildings. Pedestrian walks should be designed to discourage incursions into landscaped areas except at designated crossings.

(5)

Each off-street parking space shall open directly onto an aisle or driveway that, except for single-family and two-family residences, is not a public street.

(6)

Aisles and driveways shall not be used for parking vehicles, except that the driveway of a single-family or two-family residence shall be counted as a parking space for the dwelling unit, or as a number of parking spaces as determined by the City Manager, or his/her designee, based on the size and accessibility of the driveway.

(7)

The design shall be based on a definite and logical system of drive lanes to serve the parking and loading spaces. A physical separation or barrier, such as vertical curbs, may be required to separate parking spaces from travel lanes.

(8)

Parking spaces for all uses, except single-family and two-family residences, shall be designed to permit entry and exit without moving any other motor vehicle.

(9)

No parking space shall be located so as to block access by emergency vehicles.

(10)

Compact car spaces shall be located no more and no less conveniently than full-size car spaces, and shall be grouped in identifiable clusters.

(E)

Exceptions.

(1)

Parking lot specifications shall be at a minimum six (6) inches of shellrock base compacted to 95 percent density as per AASHTO T-180 with a one and one-half (1½) inch S-I asphalt surface course, except as listed below:

(a)

Six (6) inches of 3,000 psi concrete over well-compacted soil may be substituted for shellrock and asphalt.

(b)

For churches where parking needs are limited to one or two days per week, parking spaces may be grass. Aisles and circulation areas shall be paved. This exemption may be approved upon a finding by the County Engineer that there would be no detrimental effect due to erosion or other degrading of the natural environment.

(2)

Parking lots that have grass parking spaces shall not use such areas in calculations to meet minimum requirements for buffers, landscaping, or retention. However, retention area requirements shall be calculated based on the assumption that all spaces are paved. An allowable alternative is reservation of an area to accommodate additional retention capacity in the event of paving.

(3)

Where grass parking spaces are allowed, all required handicap spaces shall be paved and meet the requirements of Section 3.03.04(F) below.

(F)

Handicap access.

(1)

All uses shall be required to provide off-street parking for handicapped persons in accordance with Florida Accessibility Code for Building Construction et Seq., or the following if more restrictive:

(a)

Level parking spaces shall be reserved for physically handicapped persons according to the following requirements:

(2)

Parking spaces reserved for physically handicapped persons shall meet the following design and location requirements as listed herein.

(a)

All spaces shall be accessible to curb ramp or curb cut, when necessary to allow access to building, structure, or use served, and shall be so located that users are not compelled to wheel behind parked vehicles.

(b)

Diagonal or perpendicular parking spaces shall be a minimum of 12 feet wide. All spaces shall have an adjacent access aisle 60 inches wide at a minimum. Parking access aisles shall be immediately accessible to the building or facility entrance.

(c)

Parallel parking spaces shall be located either at the beginning or end of a block or adjacent to an alley entrance. Curbs adjacent to such premises shall be of a height that will not interfere with opening and closing of motor vehicle doors.

(d)

Each such parking space shall be prominently outlined with blue paint and posted with a non-movable, above grade, fixed sign of a color and design approved by the FDOT bearing the internationally accepted wheelchair symbol and the caption "PARKING BY DISABLED PERMIT ONLY" on two separate signs, or bearing both such symbol and caption on one sign. Such signs shall not be obscured by a vehicle parked in the space.

(3)

Curb cuts and ramps must meet the following design and location requirements as listed herein.

(a)

Ramps or curb cuts from parking areas to the walkway level shall be provided and shall be spaced at intervals of no more than 100 feet and shall be located as close as practical to main entrances and exits.

(b)

The least possible slope shall be used for any ramp. The maximum slope of a ramp in new construction shall be 1:12. Ramps 30 feet in length or longer shall have a maximum gradient of 1:20 or the ramps shall have a level platform at least 60 inches deep in the direction of the ramps at 30-foot intervals and at changes in direction over 15 degrees and shall be of a slope of no more than 1:12.

(c)

The minimum width of a curb ramp shall be 44 inches, exclusive of flared sides. Ramps shall have a slip-resistant surface.

(4)

In addition to the requirements of this section, all handicap spaces shall meet the requirements of the Florida Accessibility Code for Building Construction et Seq. Where a conflict exists between these regulations and the Accessibility Code, the Accessibility Code shall prevail. The following statement shall be placed on all final site plans and, where applicable, improvement plans: "I hereby certify that the details of the handicap accessibility plan shown hereon are to the best of my knowledge and belief in full and complete compliance with the Florida Accessibility Code for Building Construction et Seq."

3.04.01.

Requirements for all developments. The following basic utilities are required for all developments subject to the criteria listed herein.

(A)

Electricity and telephone. Every principal use and every lot within a subdivision shall have available to it a source of electric power adequate to accommodate the reasonable needs of such use and every lot within such subdivision.

(B)

Water and sewer. Every principal use and every lot within a subdivision shall have central potable water and wastewater hookup whenever required by the Comprehensive Plan and where the topography permits the connection to a public water or sewer line by running a connecting line no more than 200 feet from the lot to such line.

(C)

Illumination. All streets, driveways, sidewalks, bikeways, parking lots and other common areas and facilities in developments shall provide illumination meeting adopted standards of the City of Bowling Green.

(D)

Fire hydrants. All developments served by a central water system shall include a system of fire hydrants consistent with the adopted standards of the City of Bowling Green.

3.04.02.

Design standards.

(A)

Compliance with technical construction standards. All utilities required by this Chapter shall meet or exceed the City's adopted minimum standards.

(B)

Placement of utilities underground.

(1)

All electric, telephone, cable television, and other communication lines (exclusive for transformers or enclosures containing electrical equipment, including but not limited to switches, meters, or capacitors that may be pad mounted), and gas distribution lines shall be placed underground within easements or dedicated public rights-of-way, installed in accordance with the adopted minimum standards of the City of Bowling Green.

(2)

Lots abutting existing easements or public rights-of-way where overhead electric, telephone, or cable television distribution supply lines and service connections have previously been installed may be supplied with such services from the utility's overhead facilities, provided the service connection to the site or lot is placed underground.

(3)

Screening of any utility apparatus placed above ground shall be buffered with a "C" buffer yard, where it abuts a residential lot.

3.04.03.

Utility easements. When a developer installs or causes the installation of water, sewer, electrical power, telephone, or cable television facilities and intends that such facilities shall be owned, operated, or maintained by a public utility or any entity other than the developer, the developer shall transfer to such utility or entity the necessary ownership or easement rights to enable the utility or entity to operate and maintain such facilities.

Treatment of stormwater runoff shall be required for all development, redevelopment and, when expansion occurs, existing developed areas. The stormwater treatment system or systems can be project specific, or serve sub-areas within the City. The design and performance of all stormwater management systems shall comply with applicable State Regulations (Chapter 17-25 and Chapter 17-302, F.A.C.) and the rules of the Southwest Florida Water Management District (SWFWMD) stated in Chapter 40D-4, F.A.C. Stormwater discharge facilities shall be designed so as to not lower the receiving water quality or degrade the receiving water body below the minimum conditions necessary to maintain their classifications as established in Chapter 17-302, F.A.C. Steps to control erosion and sedimentation shall be taken for all development.

3.05.01.

Stormwater management requirements.

(A)

Performance standards. All development must be designed, constructed and maintained to meet the following performance standards:

(1)

While development activity is underway and after it is completed, the characteristics of stormwater runoff shall approximate the rate, volume, quality, and timing of stormwater runoff that occurred under the site's natural unimproved or existing state, except that the first one (1) inch of stormwater runoff shall be treated in an off-line retention system or according to FDEP's Best Management Practices.

(2)

The proposed development and development activity shall not violate water quality standards set forth in Chapter 17-3, F.A.C.

(3)

Maintenance activity that does not change or affect the quality, rate, volume or location of stormwater flows on the site or of stormwater runoff.

(4)

Action taken under emergency conditions to prevent imminent harm or danger, or to protect property from fire, violent storms, hurricanes or other hazards.

(5)

Agricultural activity, provided farming activities are conducted in accordance with the requirements set forth in an approved Soil Conservation Service Conservation Plan. If the Conservation Plan is not implemented accordingly, this exemption shall become void and a stormwater permit shall be required.

(B)

Residential performance standards. It is intended that all of the standards in the citations from the F.A.C. are to apply to all development and redevelopment and that exemptions based on project size thresholds and individual structures do not apply for concurrency determinations. All development must meet F.A.C. and subsequently meet the following performance standards:

(1)

New construction. For the purposes of determining whether residential development of 1—4 units on an individual lot requires retention, all the following standards must be met:

a.

Structure and all impervious surface can be placed less than 100 feet from the receiving water body; and

b.

The topography of the lot is greater than a 6% slope; and

c.

The total of all impervious surface is 10% or more of the total lot area.

(2)

Infill development. Infill development within an existing subdivision or a developed residential area is exempt from a retention area, when the following condition has been met. Infill residential development shall be designed so as to not lower the receiving water quality or degrade the receiving water body below the minimum conditions necessary to maintain their classifications as established in Chapter 17-302, F.A.C.

3.05.02.

Design standards. To comply with the foregoing performance standards, the proposed stormwater management system shall conform to the following design standards:

(A)

Detention and retention systems shall be designed to comply with the FDEP's Best Management Practices.

(B)

To the maximum extent practicable, natural systems shall be used to accommodate stormwater.

(C)

The proposed stormwater management system shall be designed to accommodate the stormwater that originates within the development and stormwater that flows onto or across the development from adjacent lands.

(D)

The proposed stormwater management system shall be designed to function properly for a minimum 20-year life.

(E)

The design and construction of the proposed stormwater management system shall be certified as meeting applicable requirements, by a professional engineer registered in the State of Florida.

(F)

No surface water may be channeled or directed into a sanitary sewer.

(G)

The proposed stormwater management system shall be compatible with the stormwater management facilities on surrounding properties or streets, taking into account the possibility that substandard systems may be improved in the future.

(H)

The banks of detention and retention areas shall be sloped at no less than a 3:1 ratio and shall be planted with appropriate vegetation.

(I)

Dredging, clearing of vegetation, deepening, widening, straightening, stabilizing or otherwise altering natural surface waters shall be minimized.

(J)

Natural surface waters shall not be used as sediment traps during or after development.

(K)

Water reuse and conservation shall, to the maximum extent practicable, be achieved by incorporating the stormwater management system into irrigation systems serving the development.

(L)

Vegetated buffers of sufficient width to prevent erosion shall be retained or created along the shores, banks or edges of all natural or man-made surface waters.

(M)

In phased developments, the stormwater management system for each integrated stage of completion shall be capable of functioning independently.

(N)

All detention and retention basins, except natural water bodies used for this purpose, shall be accessible for maintenance from streets or public rights-of-way.

3.05.03.

Special considerations. Special consideration shall be given in the layout of streets, lots, blocks, buildings, and easements to the preservation of resource and specimen individual trees. Special consideration shall also be given to preserving natural drainage methods and natural topography and landscape. Special consideration shall be given to providing special screening, buffers, or berms where developments abut incompatible land uses.

3.05.04.

Dedication or maintenance of stormwater management systems.

If a stormwater management system approved under this Code will function as an integral part of a City-maintained drainage system, as determined by the City Engineer, the facilities shall be dedicated to the City. The applicant shall be an acceptable entity and shall be responsible for the operation and maintenance of the stormwater management system from the time construction begins until the stormwater management system is dedicated to and accepted by another acceptable entity. All stormwater management systems that are not dedicated to Hardee County shall be operated and maintained by one of the following entities:

(A)

The City of Bowling Green.

(B)

An active water control district created pursuant to Chapter 298, F.S., or drainage district created by special act, or Community Development District created pursuant to Chapter 190, F.S., or Special Assessment District created pursuant to Chapter 170, F.S.

(C)

A State or Federal agency.

(D)

An officially franchised, licensed or approved communication, water, sewer, electrical or other public utility.

(E)

The property owner or developer if:

(1)

Written proof is submitted in the appropriate form by either letter or resolution, that a governmental entity or such other acceptable entity as set forth in paragraphs A—D above, will accept the operation and maintenance of the stormwater management and discharge facility at a time certain in the future.

(2)

A bond or other assurance of continued financial capacity to operate and maintain the system is submitted.

(F)

For-profit or non-profit corporations including homeowners associations, property owners associations, condominium owners associations or master associations if:

(1)

The owner or developer submits documents constituting legal capacity and a binding legal obligation between the entity and the City affirmatively taking responsibility for the operation and maintenance of the stormwater management facility.

(2)

The association has sufficient powers reflected in its organizational or operational documents to operate and maintain the stormwater management system as permitted by the City, establish rules and regulations, assess members, contract for services and exist perpetually, with the Articles of Incorporation providing that if the association is dissolved, the stormwater management system will be maintained by an acceptable entity as described above.

If a project is to be constructed in phases, and subsequent phases will use the same stormwater management facilities as the initial phase or phases, the operation and maintenance entity shall have the ability to accept responsibility for the operation and maintenance of the stormwater management systems of future phases of the project.

In phased developments that have an integrated stormwater management system, but employ independent operation and maintenance entities for different phases, such entities, either separately or collectively, shall have the responsibility and authority to operate and maintain the stormwater management system for the entire project. That authority shall include cross easements for stormwater management and the authority and ability of each entity to enter and maintain all facilities, should any entity fail to maintain a portion of the stormwater management system within the project.

3.06.01.

General provisions. All uses shall conform to the standards of performance described within this Article and shall be constructed, maintained and operated so as not to be injurious or offensive to the occupants of adjacent premises by reason of the emission or creation of noise, vibration, smoke, dust or other particulate matter, toxic or noxious waste materials, odors, fire and explosive hazard or glare. Within 100 feet of a residential district, all processes and storage, except for vehicle parking, shall be in completely closed buildings. Processes and storage located at a greater distance shall be effectively screened by a solid wall or fence at least six (6) feet in height. Where other ordinances or regulations (whether federal, state, or local) that may be adopted hereinafter impose greater restrictions than those specified herein, compliance with such other ordinances and regulations is mandatory.

3.06.02.

Specific standards.

3.06.02.01.

Vibration. Every use shall be so operated that ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point on the property line of the property on which the use is located. No vibration at any time shall produce an acceleration of more than 0.1g or shall result in any combination of amplitudes and frequencies beyond the "safe" range of Table 7, U.S. Bureau of Mines Bulletin No. 442. The equations of such bulletin shall be used to determine the values of enforcement.

3.06.02.02.

Smoke. Every use shall be so operated as to prevent the emission of smoke, from any source whatever, to a density greater than described as Number 1 on the Ringelmann Smoke Chart; provided, however, that smoke equal to, but not in excess of, that shade of appearance described as Number 2 on the Ringelmann Chart may be emitted for a period or periods totaling four (4) minutes in any 30 minutes. For the purpose of grading the density of smoke, the Ringelmann Chart as published and used by the United States Bureau of Mines, and which is hereby made, by reference, shall be standard. All measurements shall be at the point of emission. Smoke emission must comply with applicable rules of the FDEP.

3.06.02.03.

Noise. Every use shall be so operated as to comply with Ordinance 98-1 as amended by Ordinance 99-12 and Ordinance 2013-02.

3.06.02.04.

Dust and dirt. Every use shall be so operated as to prevent the emission into the air of dust or other solid matter that may cause damage to property and health of persons or animals at or beyond the lot line of the property on which the use is located. Emissions must comply with applicable rules of the FDEP.

3.06.02.05.

Industrial sewage and waste. Every use shall be so operated as to prevent the discharge into any stream or the ground of any waste that will be dangerous or discomforting to persons or animals or that will damage plants or crops beyond the lot line of the property on which the use is located. Industries shall comply with applicable rules of the FDEP.

3.06.02.06.

Hazardous wastes. The handling and discharge of all hazardous waste shall follow all applicable standards established by the county health department, state legislature and the U.S. Congress. Appropriate City officials shall review all procedures involving the handling and discharge of all hazardous waste to ensure that it does not create any safety or health problems.

3.06.02.07.

Odors. Every use shall be so operated as to prevent the emission of objectionable or offensive odors in such concentration as to be readily perceptible at any point at or beyond the lot line of the property on which the use is located. There is hereby established, as a guide in determining the quantities of offensive odors, table III, chapter 5, Air Pollution Abatement Manual of the Manufacturing Chemists Association, Inc., Washington, D.C.

3.06.02.08.

Glare. Every use shall be so operated as to prevent the emission of glare of such intensity as to be readily perceptible at any point on the lot line of the property on which the use is located.

3.06.02.09.

Fumes, vapors and gases. There shall be no emission of fumes, vapors, or gases of a noxious, toxic or corrosive nature that can cause any danger or irritation to health, animals, vegetation, or to any form of property.

3.06.02.10.

Heat, cold, dampness, or movement of air. Activities that shall produce any adverse effects on the temperature, motion or humidity of the atmosphere beyond the lot line shall not be permitted.

3.06.02.11.

Fire and safety hazard. Each use shall be operated so as to minimize the danger from fire and explosion. The specific regulations to be met are set forth in the building code and the fire prevention code of the City.

3.06.02.12.

Radioactive emission. There shall be no radiation emitted from radioactive materials or by-products exceeding a dangerous level of radioactive emissions at any point. Radiation limitations shall not exceed quantities established as safe by the U.S. Bureau of Standards.

3.06.02.13.

Electromagnetic radiation.

(A)

No person shall operate or cause to be operated any planned or intentional source of electromagnetic radiation for such purposes as communication, experimentation, entertainment, broadcasting, heating, navigation, therapy, vehicle velocity measurement, weather survey, aircraft detection, topographical survey, personal pleasure, or any other use directly or indirectly associated with these purposes that does not comply with the current regulations of the Federal Communications Commission regarding such sources of electromagnetic radiation. Further, such operation in compliance with the Federal Communications Commission regulations shall be unlawful if such radiation causes an abnormal degradation in the performance of other electromagnetic receptors or radiators of quality and proper design because of proximity, primary field, blanketing, spurious re-radiation, conducted energy in power or telephone systems or harmonic content.

(B)

The determination of abnormal degradation in performance and of good quality and proper design shall be made in accordance with good engineering practices as defined in the principles and standards of the American Institute of Electrical Engineers, the Institute of Radio Engineers, and the Radio Manufacturer's Association. In case of any conflict between the latest standards and principles of the above groups, the following precedence in the interpretation of the standards and principles shall apply: (1) American Institute of Electrical Engineers; (2) Institute of Radio Engineers; (3) Radio Manufacturer's Association.

Recognizing the special nature of many of the operations that will be conducted because of the research and educational activities, it shall be unlawful for any person, firm, or corporation to operate or cause to be operated, to maintain or cause to be maintained, any planned or intentional source of electromagnetic energy, the radiated power from that exceeds 1000 watts.

3.07.01.

Purpose and intent. The City Commission finds that landscaping makes important contributions to the public safety and the general welfare of the City. The purpose and intent of this Section is to set forth requirements and standards for the provision of canopy trees and buffer yards, the conservation of native plants and trees, and the conservation of water resources in the City. Specifically, it is intended that buffer yards will aid in reducing the potential negative impacts caused by glare, noise, dust, dirt, litter, odors and view of various land uses on adjacent properties. It is further intended that the planting of canopy trees will aid in lowering the ambient temperature of the air through increased shading; in conserving water; in enhancing the appearance of properties; in improving property values; and generally in protecting the health, safety and welfare of the public through the improvement of the quality of the human environment. As part of the development approval process, the City of Bowling Green shall ensure that all new development is properly buffered to prevent adverse impacts on surrounding land uses.

3.07.02.

Applicability and exemptions.

A.

Applicability. Except as specifically excluded in the exemptions below, the requirements and regulations of this Section shall apply to the following:

1.

The construction of any new building or improvements that require off-street parking and other impervious surfaces to be constructed on the site;

2.

The alteration of existing structures or improvements where the alteration adds usable floor area that requires additional off-street parking and other impervious surfaces to be constructed on the site;

3.

The construction or expansion of off-street parking and loading areas;

4.

The paving of any existing unpaved off-street parking and/or loading areas; and

5.

Any change of use which results in the property becoming a higher impact/higher intensity use.

B.

Exemptions. The development, redevelopment, reconfiguration, expansion or change of use of any site requiring review by the City must comply with all elements of this Section, unless any of the following exemptions apply:

1.

Enlargement or repair of a single-family or duplex residence unless specifically stated otherwise.

2.

New single-family and duplex development on individual residential lots are exempt from all provisions of this Section, except the requirement of two (2) large or medium sized trees per residential lot, or one (1) tree per attached unit.

3.

Bona fide agriculture.

4.

Buildings and structures are not counted as impervious surface for the purpose of calculating the areas that must be shaded with canopy trees.

5.

Swimming pools and the area specifically designed to be the deck or pool apron abutting the pool are exempt from canopy requirements.

6.

Paved surfaces within the supporting cables of a radio, television or microwave tower or a cable television satellite receiver are exempt from canopy requirements.

7.

Land developed in the Central Business District or other properties where existing buildings have reduced or no setbacks from property lines, which are physically unable to comply with buffer yard and/or canopy requirements.

3.07.03.

Landscape plans and permits.

Prior to issuance of a development permit, a landscape plan shall be submitted to the City Manager, or his or her designee, showing canopy tree and buffer yard information required by this Section. The landscape plan shall be prepared consistent with the requirements provided in Article 7 of this Code. The landscape plan may be submitted separately, but shall be a part of a site development plan submission, where site development plan submission is required.

When landscaping is required under this Section, no building, grading or site preparation shall be allowed until the landscape plan has been approved by the City Manager, or his or her designee. The plan shall be dated and stamped approved by the City and only these plans and the requirements of this Section shall govern the construction of the site landscaping and subsequent maintenance inspections. A permit shall be obtained for the project within twelve (12) months of the approval date of the approved landscape plan or the plan shall become invalid, unless granted an extension.

3.07.04.

Landscaping. Landscaping shall include the conservation of native plants and trees; the selection and planting of trees to shade vehicular use areas, sidewalks and other paved surfaces; and the design, selection of trees and shrubbery, and the planting of landscape materials to establish buffer yards.

3.07.04.01.

Selection of new trees and shrubs; site conditions.

All plants identified in this Section are "Florida Friendly" plants for Hardee County, and are well suited to the environment in the City. A Florida Friendly Landscape is designed to reduce impacts to the environment through the selection of the right plant for the right location, thereby reducing the need for greater landscape maintenance and irrigation.

All new living plant material to be installed shall be nursery grown and root pruned stock, free of insects, disease and defects, and shall satisfy the requirements of this Section and be Florida Grade No. 1 or better as defined in the most current edition of Grades and Standards for Nursery Plants, Florida Department of Agriculture and Consumer Services, Florida Division of Plant Industry. All plants installed on the site shall be in accordance with the plans stamped approved by the City.

3.07.04.02.

Preservation of existing trees and shrubs.

Existing trees and shrubs shall be preserved whenever possible provided the plants are all healthy species and are not listed as an exotic and/or nuisance plant in the most recent Invasive Plant List of the Florida Exotic Pest Plant Council. In these instances, the plant material shall be acceptable to the City and may be maintained in its natural setting and incorporated into the required landscaping areas to fulfill the intent of this Article. Landscape plans shall identify those existing plant materials credited toward the City landscape requirements.

Areas of existing vegetation to remain on site and as noted on landscape plans shall not be encroached upon or damaged during construction by any or all activities above or below ground. Visible barricades shall be placed around these areas and shall be kept clear of all construction materials, traffic and debris. Areas that have been damaged or removed shall be replanted and refurbished to restore the area as much as possible to its original condition.

The following methods and procedures shall be followed when preserving trees:

1.

The use of hand labor may be necessary to clear vegetation within the drip line of those trees to be preserved.

2.

The area within the drip line of any tree to be preserved shall remain undisturbed; no materials, machinery, and soil shall be placed within the drip line.

3.

Materials, wires, signs or nails shall not be attached to any tree unless such materials are used to preserve the tree.

4.

All felled material shall be promptly and carefully removed from the site in order to avoid potential damage to remaining trees and vegetation.

5.

Visible barricades shall be erected around those trees to be preserved. These barricades shall be at the drip line of the tree(s) and no closer than ten (10) feet to the trunk of the tree.

6.

All efforts shall be made through the grading and drainage plan to maintain the natural drainage to those trees to be preserved.

3.07.04.03.

Exotic and nuisance plants. The use of exotic and nuisance plants is prohibited and shall not be accepted as part of an approved landscape plan. For purposes of this Section, exotic and nuisance plants shall be those provided in the most recent Invasive Plant List of the Florida Exotic Pest Plant Council.

3.07.04.04.

Minimum tree planting height, planting area and distance from pavement.

(Source: University of Florida "Planting Area Guidelines," 2011; planting area and distance from pavement; based on minimum 3' soil depth.)

All newly planted trees shall be staked and guyed immediately after installation and shall remain supported until the root systems have established themselves to adequately support the tree.

3.07.04.05.

Minimum shrub planting requirements. Shrubs shall be a minimum of one (1) foot tall at the time of planting, except where they are to act as required screening for residential uses and districts, in which case they shall be a minimum of three (3) feet in height at the time of planting and maintained at a minimum height of five (5) feet at maturity. One (1) foot high shrubs shall be spaced no greater than thirty (30) inches on center and three (3) foot high shrubs shall be spaced no greater than thirty-six (36) inches on center. The City may authorize alternate spacing for species which have especially broad coverage.

3.07.04.06.

Ground covers. Ground covers shall be spaced no greater than eighteen (18) inches on center and may be planted in lieu of lawn grass. A list of recommended ground cover species is provided in Table 3.07.09.E of this Section.

3.07.04.07.

Lawn grass. Grass may be sodded, plugged, sprigged or seeded except that solid sod shall be used in swales or other areas subject to erosion (generally slopes steeper than 10:1). Grassed areas that are installed by methods other than sod shall attain a full grassed coverage within three (3) months of the date of installation. A list of lawn grass species and their characteristics, including drought tolerance level, soil type, light requirements, wear tolerance and plant maintenance, are provided in Table 3.07.09.F. The selection of lawn grasses shall be based upon the species and characteristics which are most appropriate for the site.

3.07.04.08.

Mulch. Planting beds shall be mulched with standard accepted mulch materials to 1) prevent the invasion of other plant species; 2) to absorb moisture for the benefit of the plants; and 3) to present a neat and orderly appearance of the landscaped area. The mulched bed shall have a uniform coverage and a minimum depth of two inches (2"). Mulched areas around trees should be at least 8 feet in diameter. The use of cypress mulch is discouraged.

3.07.04.09.

Planting beds. The planting bed for all landscaping materials shall be free of weeds, debris, and nuisance/invasive materials and shall consist of a healthy plant growth medium. The planting bed soil shall provide adequate support, drainage, and nutrients for the plants.

3.07.04.10.

Landscaping for decorative and masonry walls. Residential subdivisions and commercial and industrial developments may have decorative entrance and screening walls. Landscaping (a combination of trees and shrubbery) shall be installed within the property setback/buffer yard area. If there are no specific buffer yard requirements for the development, one (1) tree shall be planted for each fifty (50) linear feet of wall. Buffer yard trees and shrubs required by this Section shall be planted on the street side of the wall.

3.07.04.11.

Tree requirements for residential properties. Trees for new residential development shall be provided at a rate of two (2) large or medium sized trees per residential lot or one (1) tree per attached unit. Existing trees may be used to satisfy this requirement on individual development parcels provided they are not specifically listed as an invasive species in the most recent Invasive Plant List of the Florida Exotic Pest Plant Council.

3.07.04.12.

Encroachments.

A.

Structures. Accessory uses, buildings, and dumpster pads shall not encroach upon or conflict with required landscaped areas.

B.

Parking stalls. No more than two (2) feet of vehicular overhang shall be allowed into a landscape area and no trees and shrubs shall be planted within the area of encroachment.

3.07.05.

Canopy coverage and tree species.

Trees providing canopy coverage shall be required for the purpose of shading vehicular use areas, sidewalks and other paved surfaces associated with all development in the City, thereby lowering the ambient temperature of the air through increased shading; conserving water; enhancing the appearance of properties; improving property values; and protecting the general health, safety and welfare of the public through the improvement of the quality of the human environment. Buildings and structures shall not be counted as impervious surface for the purpose of calculating the areas that must be shaded with canopy trees.

A.

Canopy trees shall be selected from Table 3.07.09.A.

B.

Canopy coverage trees shall be interspersed throughout all vehicular use areas rather than restricted in any way to only a portion of the site. This allows for flexibility and creative design opportunities.

C.

Trees located in buffer yards may receive partial credit in meeting vehicular use areas interior landscaping canopy requirements.

D.

Planting areas under trees shall be planted with shrubs and/or ground covers which are compatible with site conditions.

3.07.05.01.

Vehicular use areas interior landscaping and canopy requirements. The standard for canopy is thirty-five percent (35%) coverage over all vehicular use areas associated with all land uses subject to these requirements.

3.07.06.

Buffer yards. A buffer yard is an area containing plant material, fences, walls and/or berms which provide a visual screen and physical separation between incompatible land uses. The purpose of this Section is to establish minimum buffer yard widths and landscaping requirements, in order to ensure compatibility between adjacent properties and land uses. The minimum required width of the buffer yard is therefore based on the potential degree of incompatibility between two abutting land uses.

3.07.06.01.

Buffer yards between proposed and abutting land uses and vacant property. The City provides four (4) different category types of buffer yards, identified as types A, B, C and D. Table 3.07.06.A establishes the type of buffer yard required between proposed and existing land uses. When property adjacent to a proposed development is vacant, the need for a buffer yard is determined by the principal use permitted by the zoning classification of the vacant site as provided in Table 3.07.06.B.

3.07.06.02.

Buffer yards along rights-of-way. In addition to the standards set forth in this Section regarding landscape requirements between proposed and abutting land uses and vacant property, provisions shall also be made to buffer land uses from adjacent public streets or rights-of-way as follows:

A.

Arterial roadways. Land uses, excluding agriculture, located along arterial roadways are required to provide a landscape strip at least ten (10) feet wide with a minimum of five (5) trees for each one hundred (100) linear feet of right-of-way frontage, or fraction thereof. In addition, seven (7) shrubs per tree shall be planted within the landscape strip.

B.

Collector roadways. Land uses, excluding agriculture, located along collector roadways are required to provide a landscape strip at least ten (10) feet wide with a minimum of one (1) tree and seven (7) shrubs for each fifty (50) linear feet of right-of-way frontage, or fraction thereof.

C.

Railroad rights-of-way. Commercial and industrial land uses located along railroad rights-of-way shall not be required to provide buffering between the use and the right-of-way. New residential developments, excluding individual single-family home sites, individual duplex units and individual infill lot development shall meet the requirements of a "D" buffer yard as specified under Section 3.07.06.04 of this Section.

D.

Residential street. New residential developments, excluding individual single-family home sites, individual duplex units and individual infill lot development, located along a residential street, shall provide a landscape strip at least five (5) feet wide with at least one tree per lot. Any trees within this buffer yard may count towards the two (2) tree requirement per Section 3.07.04.11 of this Section.

E.

Setbacks for vision clearance. Buffer yards shall comply with Section 3.02.03(E), Clear Visibility Triangle.

3.07.06.03.

Buffer yards for freestanding or satellite parking lots. Buffer yards for freestanding or satellite parking lots shall meet the following requirements:

A.

Residential Zoning Districts: Freestanding or satellite parking lots located in residential zoning districts, which serve adjacent zoned businesses, shall meet the following requirements:

1.

Site plan approval by the City Commission is required;

2.

Where the parking lot is contiguous to side lot lines of residentially zoned property, a side yard at least ten feet (10') in width shall be provided;

3.

The parking area shall be provided with a continuous, unpierced masonry wall six feet (6') in height adjacent to all required yards. All such walls shall be smoothly finished and shall not be used for any sign;

4.

All yard spaces between the required wall and lot lines shall be landscaped with at least one hedgerow of hardy shrubs, not less than five feet (5') in height, placed next to the walls, and the remainder of the yard spaces shall be lawn. All such landscaping shall be maintained in a healthy, growing condition, neat and orderly in appearance, and yard spaces shall be kept free of refuse or debris;

5.

Where the parking lot is separated from residentially zoned property by a street, a buffer yard at least ten feet (10') in width shall be provided along the street frontage;

6.

Where the parking is located upon a street upon which residentially zoned properties front and abut in the same block, a front yard shall be provided at least 25 feet (25') in depth. Where one or both of the lots contiguous to and on each side of the parking lot are developed with residential structures having front yards greater than 25 feet (25') in depth, the front yard on the parking lot shall be not less in depth than the deeper of these existing front yards.

B.

All Other Zoning Districts: With the exception of letter A above, freestanding or satellite parking lots located in all other zoning districts shall be designed in accordance with the following requirements:

1.

The parking area shall be provided with a buffer yard at least ten feet (10') in width along all property lines and streets on which the off-street parking area is located.

2.

See Section 3.07.06.02, Buffer Yards along Rights-Of-Way, for landscape buffer requirements adjacent to public rights-of-way.

3.

Relief of the buffer yard requirements may be granted by the City Commission along property lines where adjoining businesses wish to share a common lot. Where this is the case, site plan approval by the City Commission is required.

C.

Site Plan Review: The City Commission may consider specific site plan requests under this Section. The Commission may accept or reject the original request, or it may impose conditions or safeguards on the request which is finds necessary to uphold the public purpose and the intent of the City Code. Approval shall be in the form of a resolution.

Table 3.07.06.A. Buffer Yard Requirements Between Proposed and Abutting Land Uses