All terms used herein are defined alphabetically.

Accessory structure. A structure used only for parking and storage that is located on the same parcel of property as a principal structure and the use of which is incidental to the use of the principal structure.

Alley. A public right-of-way, not over 30 feet in width, providing a secondary means of access and service to abutting property.

Berm. Mounding of soil.

Buffer. A permanent barrier, typically composed of vegetation, between a farm field and a stream that helps to maintain water quality; buffer strips slow and filter stormwater while also helping keep soil compact and in place.

Buffer strip. A strip of land of definite width and location reserved for planting of shrubs and trees to serve as an obscuring screen.

Building. Any structure, either temporary or permanent, having a roof and used or built for the shelter or enclosure of persons, animals, chattels or property of any kind.

(1)

Building accessory. A "building" subordinate to the main or "principal building" on the "lot" and used for purposes customarily incidental to those of the main building. See "accessory dwelling unit"

(2)

Building, height of. Excluding oceanfront residences, the vertical distance to the intersection of the highest inside finished face of the exterior vertical wall and the highest ceiling, measured from the average natural grade or the minimum flood elevation, whichever is higher. The maximum height of the roof shall not exceed ten feet above the intersection point cited in this definition.

(3)

Building line. A line parallel to the "front lot line" at the minimum required front "setback" line.

(4)

Building, principal. "Building" in which is conducted the primary use of the "lot" on which it is situated.

Capacity. Refers to the availability of a public service or facility to accommodate users expressed in an appropriate unit of measure, such as gallons per day or average daily trips.

Certificate of occupancy. A document issued by the Town allowing the occupancy or use of a building and certifying that the structure or use has been constructed or may be used in compliance with all the applicable municipal codes and ordinances.

Dead space. Space within a parking area that is not used for parking or other vehicle use area.

Development. The construction, installation, demolition or removal of a structure, impervious surface or drainage facility; clearing, scraping, grubbing, killing or otherwise removing vegetation; adding, removing, exposing, excavating, leveling, grading, digging, furrowing, dumping, piling, filling, dredging or otherwise significantly disturbing or altering soil, mud, sand or rock; or the modification or redevelopment of a site. Development may include, but is not limited to, carrying out of any building or mining activity, the making of any material change in the use or appearance of any structure or land or the dividing of land into two or more parcels. Development does not include work by electric utility providers on utility infrastructure on certain rights-of-way or corridors and the creation or termination of distribution and transmission corridors. The following activities shall be constructed to involve development:

(1)

Reconstruction, alteration of the size or material change in the external appearance of a structure;

(2)

Change in land use intensity, such as an increase in the number of units in a structure or on the land;

(3)

Alteration of a shore or bank of a seacoast, river, stream, lake, pond or canal;

(4)

Alteration of the land or vegetation in a floodplain or flood prone area;

(5)

Dredging, drilling, except to obtain soil samples, mining or excavation on land;

(6)

Demolition of a structure;

(7)

Clearing of land; and

(8)

Deposit of refuse, solid or liquid waste or fill on land.

The term "development" includes all other development customarily associated with it, unless otherwise specified. When appropriate to the context, development refers to the act of developing or to the result of development. Reference to particular activities is not intended to limit the generality of the term "development."

Driveway. Automobile entryway and exit that leads to or leaves a property along a road.

District. A portion of the incorporated area of the Town within which certain regulations and requirements or various combinations thereof apply under the provisions of this chapter.

Dwelling.

(1)

Accessory dwelling unit (ADU). A smaller, stand-alone dwelling unit that shares land with a detached, stand-alone single-family home. ADUs are known by a variety of names around the United States, including granny flats, secondary suites, and accessory apartments. ADUs can be new stand-alone accessory structures or renovated portions of existing stand-alone accessory structures (i.e., detached ADUs). They can also be converted portions of existing stand-alone accessory structures (i.e., internal ADUs), additions to new or existing residences (i.e., attached ADUs), or new stand-alone accessory structures.

(2)

Complex, attached dwelling unit. A building comprised of two or more "attached dwelling units."

(3)

Dwelling, multiple-family. A "building" or portion thereof designed exclusively for occupancy by two or more families living independently of each other and not more than three stories in height. "Multiple-family dwelling" does not include mobile homes, trailers, modular homes or similar structures.

(4)

Dwelling, one-family. A "building" designed exclusively for and occupied exclusively by one family. "One-family dwelling" does not include mobile homes, trailers and similar structures but does include group homes and family day care homes as defined herein.

(5)

Dwelling unit. A "building" or portion thereof designed for occupancy by one family for residential purposes and having cooking facilities. "Dwelling unit" does not include mobile homes or trailers but does include manufactured housing that in appearance resembles housing constructed on-site.

(6)

Dwelling unit, attached. A one-family dwelling attached to one or more one-family dwellings by a common wall.

(7)

Dwelling unit, detached. A dwelling which is not attached to any other dwelling by any means. The "detached dwelling" does not have any roof, wall or floor in common with any other dwelling unit.

Easement. A right-of-way granted for limited use of a private property.

Encroachment. Any protrusion of a vehicle outside of a parking space, display area, or accessway into a landscaped area.

Enhancement. Improving the ecological value of wetlands, other surface waters or uplands that have been degraded in comparison to their historic condition.

Erosion. The process where land surfaces are worn away by the force of gravity, wind, water, or ice.

Family. One or more persons related by blood, adoption or marriage living and cooking together as a single housekeeping unit, exclusive of household servants; and not more than two persons living and cooking together as a single housekeeping unit not related by blood, adoption or marriage.

Family day care home. A duly state-licensed day care center for five or less children during school hours and ten or less children during non-school hours.

Fence. A barrier, whether with rails, logs, posts, and railing, iron, steel, or other material forming an upright structure enclosing an area of ground to mark a boundary, manage access, or prevent escape.

Floor area. The sum of the horizontal livable areas of each "story" of the "dwelling unit" measured from the exterior faces of the exterior walls. The "floor area" measurement is exclusive of areas of "basements," unfinished "attics," attached garages, breezeways, common halls and stairways in multiple-family structures, and enclosed and unenclosed porches.

Group home. A dwelling unit that has been granted a license by the State of Florida to service up to six resident clients that are all unrelated but who act as the functional equivalent of a family. Supervisory and support staff may be present to meet the resident clients' physical, emotional, and social needs, however, the staff are not included in headcount of the dwelling unit.

Hedge. A linear planting of three or more shrubs that are maintained so as to not leave a space between each shrub that is more than two feet wide and six feet high.

Landscaping. Material such as, but not limited to, grass, ground covers, shrubs, vines, hedges, trees or palms; and non-living durable material commonly used in landscaping such as, but not limited to, rocks, pebbles, sand, walls or fences, but excluding paving.

Lot. A parcel of land on which a "principal building" and its accessories may be placed together with the required open space.

(1)

Lot, corner. A "lot" of which at least two adjacent sides abut a street, provided that the two sides intersect at an angle of not more than 135 degrees. A "lot" abutting upon a curved street or streets shall be considered a "corner lot" if the tangents to the curve at its points of beginning within the "lot" or at the points of intersection are not more than 135 degrees. In the case of a "corner lot" with a curved street line, the corner shall be considered to be that point of the street and lot lines nearest to the point of intersection of the tangents herein described.

(2)

Lot, interior. A lot other than a "corner lot."

(3)

Lot line, front. In the case of a "lot" abutting upon one street, the "front lot line" is the line separating the "lot" from the "street." In the case of any other "lot," one line shall be elected to be the "front lot line" for the purposes of this chapter provided that it is so designated by the building plans filed for approval with the Town Building Official.

(4)

Lot line, rear. That boundary which is opposite and most distant from the "front lot line." In the case of a lot pointed towards the rear, the "rear lot line" shall be that assumed line parallel to the "front lot line," not less than 30 feet long, lying farthest from the "front lot line" and whole within the "lot."

(5)

Lot line, side. Any lot boundary lines not a "front lot line" or a "rear lot line." A "side lot line" separating a "lot" from a "street" is a "side street lot line." A "side lot line" separating a lot from another "lot" or "lots" is an "interior lot line."

(6)

Lot of record. A parcel of land delineated on a plat recorded with the County Registrar of Deeds.

(7)

Lot, through. A "lot" having "front and rear lot lines" abutting a "street.

Motorized vehicle. Includes, but is not limited to, any self-propelled, wheeled, tracked or belted conveyance.

Natural grade. A level that is untouched by building methods like filling, landscaping, or berming.

Nonconforming building. A "building" or portion thereof existing at the effective date of this Code, or amendments thereto, that does not conform to the provision of this Code or the use regulations of the district in which it is located.

Nonconforming use. A use which lawfully occupied a "building" or land at the effective date of this Code, or amendments thereto, that does not conform to the provisions of this Code, not to the use regulations of the district in which it is located.

Parking. The act of bringing a motor vehicle to a stop and leaving it for a short period of time, usually at a parking lot or by the side of the road.

Person. Any individual, firm, association, joint venture, partnership, estate, trust, syndicate, fiduciary, company, corporation, group or other entity or unit, or federal, state, county or municipal government.

Preservation. The protection of wetlands, other surface waters or uplands from adverse impacts by placing a conservation easement or other comparable land use restriction over the property, or by donation of fee simple interest in the property.

Protected tree. All trees and all significant groupings of trees of the West Indian or tropical origin of any size, and all mangroves regardless of size excluding the following trees regardless of size or location:

Australian pine (Casuarina equisetifolia);

(1)

Australian pine (Casuarina lepidophlia);

(2)

Australian pine (Casuarina cunninghamiana);

(3)

Ear-pod tree (Enterolobium cyclocarpum);

(4)

Chinaberry (Melia azedarach);

(5)

Brazilian pepper tree (Schinus terebinthifolius); and

(6)

Melaleuca (Melaleuca leucadendra)

Cabbage palms (Sabal Palmetto) and citrus trees of all varieties shall not be considered to be protected trees, but these trees shall be included in the tree survey in the event the applicant chooses to make use of the trees as a credit against the trees otherwise required under an applicable landscaping regulation or requirement. If so designated, these palms or citrus trees shall become protected trees under this chapter.

Right-of-way. Land reserved or to be used for a street, alley, walkway, drainage facility or other public purpose.

Setback. The distance required to obtain the minimum front, side and rear open space provisions of this Code.

Screen. A barrier and visual obstruction created by a living or nonliving landscape material.

Shrubs. Woody, perennial, evergreen plants smaller than a tree and usually branching from or near ground.

Street. A public right-of-way or thoroughfare 50 feet or more in width which normally affords the principal means of access to abutting property. This definition includes avenue, boulevard, parkway, court, highway, lane and roadway.

(1)

Arterial street. A heavy traffic street of considerable continuity and used primarily as a traffic artery for interconnectivity among large areas. Width shall conform to the official map.

(2)

Half or partial street. A street, generally parallel and adjacent to the boundary line of a tract, having a lesser right-of-way width than required for a full width street of the type involved.

(3)

Marginal access street. A minor street which is parallel and adjacent to arterial streets and which provides access to abutting properties and protection from through traffic.

(4)

Collector street. A heavy traffic road collecting residential or local street traffic and connecting arterial streets.

(5)

Private street. A privately owned access to abutting property platted, but not dedicated to the general public, with a minimum right-of-way width of 50 feet built to specifications not accepted by, improved or maintained by the Town until the time as the Town may elect to accept the road as a public street.

Structure. Anything constructed or erected, the use of which requires location on the ground or attachments to something having location on the ground.

Subdivision. The platting of real property into two or more lots, parcels, tracts, tiers, blocks, sites, units or any other division of land, including establishment of new streets and alleys, additions and re-subdivisions. When appropriate to the context "subdivision" related to the process of subdividing or to the land or area subdivided and filed for record with the Clerk of the Circuit Court of the County.

Surface water. Water on the earth's surface, whether it is distributed or contained either artificially or naturally.

Surface water management system or system. A stormwater management system, dam, impoundment, reservoir, appurtenant work, or works, or any combination thereof. The terms "surface water management system" or "system" includes areas of dredging or filling, as those terms are defined in F.S. §§ 373.403(13) and 373.403(14).

Swimming pool. Includes the pool deck, coping and all other construction accessory to the swimming pool.

Tree. A woody plant having a well defined stem, a more or less well defined crown and which has attained a height of at least eight feet with a trunk diameter of not less than three inches, or a cluster of main stems having an aggregate diameter of not less than three inches, at a point four and one-half feet above ground.

Tree, existing. Any self-supporting woody perennial plant which normally attains at maturity a trunk diameter of at least three inches measured four and one-half feet above grade, and having a minimum overall height of 15 feet.

Vine. Any plant with a long, slender stem that trails or creeps on the ground or climbs by winding itself about a support or holding fast with tendrils.

Violators. Those persons or entities legally responsible for violations of this Code.

Yard.

(1)

Yard, front. An open space extending the full width of a "lot" and of a uniform depth measured horizontally at right angles to the "front lot line;"

(2)

Yard, rear. An open space extending the full width of a "lot" and of a uniform depth measured horizontally at right angles to the "rear lot line;"

(3)

Yard, side. An open space extending from the "front yard" to the "rear yard" and of a uniform width measured horizontally at right angles to the "side lot line" and unoccupied from the ground upward except as specified.

(Ord. No. 571, § 1, 5-13-2024)

The intent of this chapter is to assure that adequate landscaping and buffers are provided in conjunction with all new development, and that the landscape plan achieves water conservation according to Chapter 101, Article II: Water Conservation Ordinance.

(Ord. No. 522, § 1, 6-16-16; Ord. No. 565, § 1(Att. A), 9-26-2023)

(A)

Landscape plan. A landscape plan shall be prepared in conformance with section 163.10 as a part of any site plan.

(B)

Percentage. The open space requirement for residential uses shall be in accordance with Table 160. The open space requirement for nonresidential uses shall be 25 percent of the site. Open space shall be only pervious recreational or landscaped area. No part of any open space shall be used as building coverage, decks, driveways, slabs, pool, and/or parking areas. All landscaped areas shall be planted and maintained as sodded lawn or ground cover, shrubs or trees, and shall be designed and located to reinforce the purposes of open space preservation. These purposes include provision of adequate light and air, enhancement of privacy, provision of open space; facilities for recreation, pedestrian circulation and leisure pursuits; and preservation of environmentally-sensitive areas, major drainage ways and natural scenic amenities of the site. Bodies of water which are completely landlocked and not part of navigable waterways may comprise no more than 30 percent of the total required open space.

(C)

Tree requirements. All pervious or non-vehicular open spaces on any developed site in all zoning districts, except for single-family and two-family dwellings, shall have at least one tree per 3,000 square feet of such landscaped area. The landscape plan shall be designed to provide a tree canopy over at least 50 percent of the required pervious area when the trees reach maturity. See section 163.08(D) for xeriscape tree requirements.

(Ord. No. 522, § 1, 6-16-16; Ord. No. 571, § 1, 5-13-2024)

(A)

Parking lots. Screening and landscape requirements for all off-street parking areas shall be provided pursuant to chapter 162 and landscaping requirements shall be as provided pursuant to section 163.06. As an alternative to required perimeter walls or fences, the Planning, Zoning and Variance Board may permit landscape plant materials pursuant to the specifications in this section and section 163.04.

(B)

Buffers. See section 163.09 for fence, wall and hedge buffer requirements.

(C)

Screening. Landscaping and/or walls shall be employed to mask from the public view service areas such as solid waste storage areas, outside equipment and other accessory structures of an anesthetic character. Screening of air conditioning units and other mechanical equipment shall be accomplished in a manner that does not interfere with the operation or maintenance of the equipment.

(D)

Maintenance. The owner, tenant and their 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; shall be kept free from refuse and debris; and shall be maintained in a manner so that it remains erosion-free. All landscaped areas shall be provided with an irrigation system of sufficient capacity to maintain the plant material. If at any time after issuance of a certificate of occupancy, the landscaping of a development to which this chapter is applicable is found to be in nonconformance, the Town Building Official shall issue notice to the owner that action is required to comply with this chapter and shall describe what action is required to comply. The owner, tenant or agent shall have 30 days to restore the landscaping as required. If the landscaping is not restored within the allotted time, the person is in violation of this Code.

(E)

Erosion. The landscape plan shall include plant material selections that will prevent erosion.

(Ord. No. 522, § 1, 6-16-16; Ord. No. 565, § 1(Att. A), 9-26-2023; Ord. No. 571, § 1, 5-13-2024)

(A)

Quality. Plant materials used in conformance with the provisions of this chapter shall conform to the standards for Florida No. 1 or better as given in the most current "Grade and Standards for Nursery Plants," State of Florida, Department of Agriculture; or equal thereto. Grass seed shall be delivered to the job site in bags with State Department of Agriculture tags attached indicating the seed grower's compliance with the Department's quality-control program; sod is preferred. The Town Building Official shall maintain a list of recommended tree species. In no case shall plant materials which are known to be intolerant of paving environments, whose physical characteristics may be injurious to the public, or which produce a quantity or quality of debris so as to present maintenance difficulties be specified for use under this chapter.

(B)

Tree size and characteristics. Trees shall be species having an average mature spread of crown of greater than 20 feet when growing in the Town and eventually having trunks which can be maintained in a clean condition over five feet of clear wood. Trees having an average mature spread of crown less than 20 feet may be substituted by grouping them so as to create the equivalent of a 15 foot crown spread. Tree species shall be a minimum of eight feet overall height. Palms are considered trees, but the required height shall be eight feet from the ground level to base of palm fronds. Trees of a species whose roots are known to cause damage to public roadways or other public works shall not be planted closer than 12 feet to the public roads or public works.

(C)

Palm and species mix. Palm species shall not be used for more than 25 percent of the total number of trees required. No one tree species shall account for more than 35 percent of the total number of trees.

(D)

Removal of undesirable trees. The following exotic tree species shall be removed from any development site for which a site plan or plat is submitted before issuance of the first building permit. If project is to be phased, the phasing plan for tree removal shall be approved by Town Council.

(1)

Australian Pine (Casuarina equisetifolia) (Casuarina lepidophlia) (Casuarina cunninghamiana);

(2)

Chinaberry (Melia azedarach);

(3)

Ear Pod (Enterolobium cyclocarpum);

(4)

Brazilian Pepper (Schinus terebinthifolius); and

(5)

Melaleuca (Melaleuca leucadendra).

(E)

Shrubs and hedges. Shrubs shall be a minimum of 18 inches in height when measured immediately after planting. Hedges, where required, shall be planted and maintained so as to form a continuous, unbroken, solid screen within a maximum of one year after the time of planting.

(F)

Vines. Vines shall be a minimum of 24 inches in height directly after planting and may be used in conjunction with fences, screens or walls to meet physical barrier requirements as specified.

(G)

Ground covers. Ground covers other than grass shall be planted in such a manner as to present a finished appearance and reasonably complete coverage within three months after planting.

(H)

Lawn grass. Grass areas are subject to the limits of section 163.08(D). Grass areas shall be planted in species normally grown as permanent lawns in the vicinity of the Town. Grass areas may be sodded, plugged, sprigged or seeded. Solid sod shall be used in swales or other areas subject to erosion. When grass seed is sowed, it shall be a variety of seed which produces complete coverage within 90 days from sowing. In areas where a ground cover other than solid sod or grass seed is used, nurse grass seed shall be sown for immediate effect and protection until coverage is otherwise achieved.

(I)

Synthetic plants. Synthetic or artificial material in the form of trees, shrubs, ground covers or vines shall not be used in lieu of plant requirements in this section.

(J)

Berm. Berms may be utilized for landscape barrier requirements and shall be used in conjunction with plant material to achieve the required heights.

(Ord. No. 522, § 1, 6-16-16; Ord. No. 565, § 1(Att. A), 9-26-2023; Ord. No. 571, § 1, 5-13-2024)

(A)

Credits. Credit for trees preserved on a site shall be granted toward meeting the tree requirements of any landscaping provision of this chapter. Where a tree is of exceptional quality as determined by the Town Building Official, a two tree credit for the preserved tree may be granted. Exceptional quality shall be judged on the basis of factors such as extraordinary size of trees, vigorous health, large canopy cover, historic value, rareness and age. No credit will be granted for preserved trees which are classified as undesirable, are extremely poor specimens or which are declining in health.

(B)

Tree protection. See section 167.02.

(Ord. No. 522, § 1, 6-16-16)

(A)

Adjacent to right-of-way. Every off-street parking lot, except where screened visually by a wall in conformance with section 163.09 or an intervening structure, from any abutting right-of-way (excluding dedicated alleys) shall be provided with landscaping between the parking area and the right-of-way as follows:

(1)

Landscaped buffer. Such a strip at least ten feet in depth shall be located between the abutting right-of-way and the off-street parking area or other vehicular use area to include one tree for 40 lineal feet or fraction thereof. In addition, a hedge, fence or wall of at least three and one-half feet in height shall be placed along the inside perimeter of the landscaped strip. If the durable barrier is of non-living material, for each ten feet thereof, one shrub or vine shall be planted along the street side of the barrier unless the shrubs or vines are of sufficient height at the time of planting to be readily visible over the top of the barrier, in which case they may be planted inside the barrier. The remainder of the required landscaped areas shall be landscaped with grass, ground cover or other landscape treatment excluding paving.

(2)

Other non-vehicular land. All property other than the required landscape strip between the right-of-way and the off-street parking area or other vehicular use area shall be landscaped with at least grass or other ground cover.

(3)

Access drives. Necessary accessways from the public right-of-way through all the landscaping shall be permitted to service the parking or other vehicular use areas. The accessways may be subtracted from the lineal dimension used to determine the number of trees required.

(B)

Adjacent to property line. A wall, hedge or other durable landscape barrier not greater than eight feet in height nor less than three and one-half feet in height shall be installed to form a continuous screen between the off-street parking area or other vehicular use area and the abutting property. The landscaped barrier shall be located between the common lot line and the off-street parking area. This planted strip shall be no less than four feet in width. In addition, one tree shall be provided for each 40 lineal feet of the landscape barrier or fractional part thereof. Each 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, in addition to the required tree. These provisions shall not be applicable under the following conditions:

(1)

Alley. When a property line abuts a dedicated alley; or

(2)

Existing buffer. When a proposed parking area or other vehicular use area abuts existing hedge, wall or other durable landscape barrier on an abutting property. The existing barrier may be used to satisfy the landscape barrier requirements of this division provided that the existing barrier meets all applicable standards of this chapter.

(C)

Interior landscaping.

(1)

Landscaped islands. An area equal to 15 percent of the gross parking area will be required for interior landscaping. Each separate landscaped area shall contain a minimum of 50 square feet and shall have a minimum dimension of at least five feet. In addition to trees, the remaining area shall be adequately landscaped with shrubs, ground cover or other authorized landscaping material not to exceed three feet in height. All dead space within the parking area should be planted at the minimum with grass or ground cover.

(2)

Trees. The total number of trees shall not be less than one for each 75 square feet (or fraction thereof) of required interior landscaped area. Each island shall include at least one tree having a clear trunk of at least five feet.

(3)

Location. These landscaped areas shall be located to most effectively relieve the monotony of large expanses of paving and contribute to the orderly circulation of vehicular and pedestrian traffic. Landscaped areas, wall structures and walks shall require protection from vehicular encroachment of overhang through appropriate wheel stops or curbs. A minimum of two and one-half feet shall be provided between the wheel stop and the landscape feature or the same distance of sod between the curb and the wall, walk or landscaping.

(4)

Exceptions. In other vehicular use areas where the stringent application of this section will seriously restrict the area's function, the required landscaping may be situated close to the perimeter of the paved area, including those perimeters which may be adjacent to a building on the site. The required interior landscaping which is relocated as provided herein shall be in addition to the perimeter landscaping requirements.

(Ord. No. 522, § 1, 6-16-16; Ord. No. 571, § 1, 5-13-2024)

(A)

Unobstructed vision. 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 described in (B) below shall provide unobstructed cross-visibility at a level between three feet and six feet. Trees having limbs and foliage trimmed in a manner so that no limbs or foliage extend into the cross-visibility area shall be allowed, provided they are so located so as 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.

(B)

Visibility triangle. The triangular areas referred to in (A) above are as follows:

(1)

Intersection with one public R/W. The areas of property on both sides of an accessway formed by the intersection of each side of the accessway and the public right-of-way, with two sides of each triangle being ten feet in length from the point of intersection and the third side being a line connecting the ends of the two other sides; and

(2)

Intersection with two or more public R/W. The area of property located at a corner formed by the intersection of two or more public rights-of-way with two sides of the triangular area being 30 feet in length along the abutting public right-of-way lines, measured from their point of intersection, and the third side being a line connecting the ends of the other two sides.

(3)

Visibility at driveways. The visibility triangle located at property driveways should be measured from the point of intersection between the right-of-way line and the driveway at the property line. For local streets, the length of each side in the visibility triangle must be at least ten feet.

(4)

Exceptions. As determined by the Town and engineer of record, if the area indicates a greater clear area is needed or if the clear area does not contribute to the safe operation of the street and driveway intersection, visibility triangles may be modified.

(Ord. No. 522, § 1, 6-16-16; Ord. No. 571, § 1, 5-13-2024)

(A)

Purpose. The purpose of this section is to achieve water conservation within the Town with particular emphasis on landscaping and irrigation.

(B)

Site plan. Conformance with this section shall be achieved through inclusion of a landscape and irrigation plan with the site plan application.

(C)

Water retention and run-off.

(1)

Single-family detached dwellings. The landscape plan submitted prior to certificate of occupancy shall reflect the drainage plan approved in conjunction with the plat approval.

(2)

Site plans. The landscape plan accompanying a site plan shall clearly indicate that the design of the building and landscape has considered water detention, swales and/or run-off via structural drains. Surface water management systems shall be designed and constructed to (a) detain with filtration or retain, as a minimum, run-off from a 25-year frequency, 24-hour design storm and (b) assure that post development run-off from the site shall not exceed pre-development rates, as required in sections 168.02.4(B)(4) and 168.04(I)(5).

(D)

Sod limitations and other xeriscape requirements.

(1)

Sod requirements. The grassed area shall not exceed 50 percent of the landscaped area excluding right-of-way and easements. Grass areas shall be designed to maintain a minimum width of four feet except at the point of termination.

(2)

Xeriscape. Ninety percent of all plantings introduced to the site shall consist of drought-tolerant species as recognized by the Town Building Official. Of this 90 percent, at least 50 percent of landscaping materials and trees used shall be native species adapted to soil and climatic conditions existing on-site in order to lessen water demand. Other species may be used if authoritative sources are provided to establish that the species are drought-tolerant. The landscape design shall consider and locate plants in zones according to their water needs.

(3)

Tree placement. Tree locations shall provide a minimum of 50 percent shade profile of building structures and hard paved surfaces, excluding approved pool and recreational paved deck areas. These trees shall be placed within 25 feet of the structure or hard paved surface to project the maximum shade profile. Shading of outdoor air conditioning units (in a ten-foot radius thereof) shall be required.

(4)

Installation. All introduced landscape plantings shall be installed by industry accepted horticultural and nursery practices to aid in establishment of the plant.

(E)

Irrigation systems.

(1)

Zones. The irrigation system shall have zones designed to calibrate water application within each zone in accordance with the needs of the plantings. Emphasis shall be placed on a system supplying water at an acceptable rate to reduce run-off irrigation zoning shall separate the grass areas independent from planting areas. Matched precipitation rates are required within each zone (100 percent coverage with 90 percent overlap).

(2)

Special zones. Plantings determined by the Town Building Official to be high water usage plants (e.g. azalea and annuals) must be irrigated separately from other areas. Elevated planters must be irrigated separately of all other areas, including enclosed planters with extended sides and/or bottoms. High water usage plants in these elevated or enclosed planters will not require additional separation.

(3)

Timers. Irrigation controller units shall sequence turf and planting zones. Where more than one controller unit is installed, one unit shall control grass zones and one unit shall control planting zones.

(4)

Sensors. Moisture sensors shall be installed with each irrigation system controller unit. This equipment must be approved by the Town Building Official. All equipment shall be installed according to the manufacturer's recommendations and maintained in proper working order.

(5)

Overspray. Excessive overspray from sprinklers shall not be allowed onto hard surface areas. Final adjustments must be made prior to field inspection by the Town representative.

(6)

Backflow. To reduce contamination of the water supply, approved backflow prevention devices shall be installed on each system according to manufacturer's directions. Above ground connections shall be galvanized or brass.

(7)

Protected trees. Trenching for the installation of sprinkler lines within the protected area of a protected tree is prohibited. Tunneling is acceptable to reduce adverse impact to the tree's roots. Irrigation lines may be surface installed within the protected area.

(8)

Fixtures. The Town shall require the use of water saving plumbing fixtures on all new development.

(F)

Temporary suspension of landscaping requirements.

(1)

Conditions of temporary suspension. Landscaping installation pursuant to the provisions of this section may be temporarily suspended in individual cases by the Town Building Official in one of the following cases:

(a)

Freeze. After a freeze when required landscape materials are not available; or

(b)

Drought. During a period of drought when the use of water is restricted by a governmental authority; or

(c)

Natural disaster. As declared by the Town Manager.

(2)

Surety bond required. The suspension of planting shall be conditioned upon the provision by the applicant of a bond or similar surety which, in the opinion of the Town, is sufficient to guarantee compliance with the minimum planting requirements of this section.

(G)

Final inspection. Failure to comply with this section can result in the withholding of the certificate of occupancy or prosecution before the Code Enforcement Board. Final approval rests with the Town Building Official.

(Ord. No. 522, § 1, 6-16-16; Ord. No. 565, § 1(Att. A), 9-26-2023)

(A)

Residential districts. The following provisions apply only between the building setback lines and the property lines.

(1)

Rear yard. Walls, fences or hedges placed in the area from the rear of the dwelling to the rear lot line shall not exceed six feet in height, except on riverfront or oceanfront property, in which case the walls, fences or hedges shall not exceed four feet in height. Walls, fences or hedges may be built up to the side and rear property line.

(2)

Side yard. Walls, fences or hedges placed in the area of the side yard shall not exceed six feet in height. The walls, fences or hedges may be built up to the side yard property line and shall not extend beyond the building line of the single-family or multifamily dwelling.

(3)

Front yard. Walls and fences (but not hedges) placed in the area of the front yard shall not exceed four feet in height. The walls or fences may be built up to the side or front property line. Any such wall or fence shall be landscaped on the street side.

(4)

Measuring height. If the elevation of the lot at the time of platting is below the minimum finished floor elevation as required by Town ordinance, the wall, fence or hedge height will be measured from the Town required minimum finished floor elevation. If the elevation of the lot at the time of platting is above the minimum finished floor elevation as established by Town ordinance, the grade from which the height of a wall, fence or hedge is to be measured shall be the elevation of the ground at the time of platting. In no event will more than six feet of wall, fence or hedge be visible from any direction.

(5)

Fencing. Fencing shall be planted with landscape material not less than 18 inches in height so that the fence shall be covered in a reasonable period of time. This restriction of height and landscaping does not apply to tennis, temporary construction or agricultural fencing. Fences abutting a street or adjacent residence or residential lot shall have the required landscape material planted on the street side, adjacent residence or residential lot side of the fence as appropriate.

(6)

Construction and maintenance. Concrete block walls shall be smoothly troweled, stuccoed and painted. All other types of walls and fences shall be finished in accordance with standard building practices. All walls and fences shall be maintained in good repair and kept structurally sound.

(7)

Surface water runoff. Walls or fences shall be designed so as not to cause water runoff to be diverted onto the adjacent property. Surface water drainage shall be provided so as to contain one's own water runoff on one's own property.

(8)

Walls along A1A. In cases of walls and fences running parallel and adjacent to nonresidential properties or A1A, walls may be a maximum of six feet in height. The Planning, Zoning and Variance Board and Town Council shall approve the design of all such walls or fence as a part of the site plan or subdivision process. Unbroken wall expanses shall not be permitted; off-sets, variety of materials, landscaping, etc. shall be used to avoid this. Hedges running parallel and adjacent to nonresidential properties or A1A shall be unrestricted in height, provided however hedges shall not be permitted that cause a traffic hazard.

(9)

Buffer between single-family and multi-family districts. Where single-family districts abut multi-family districts, single-family homeowners may construct a buffer fence or wall.

(10)

Design review. All walls and fences shall be designed and constructed so as to present a finished and attractive appearance to the outside or neighboring property. Any new single-family detached house shall have any proposed wall or fence reviewed by the Town Building Official. Any fence or wall proposed for an existing single-family detached lot shall require site plan approval.

(11)

Utility easements. No wall, fence or hedge shall be erected within Town utility easements unless prior approval is obtained from the Town Council.

(B)

Nonresidential district buffers.

(1)

Screening wall. A six-foot unpierced wall or fence shall be provided in nonresidential districts where the boundary line districts are adjacent to or across a street or alley from residential districts. The wall shall screen all parking.

(2)

Buffer strip alternative.

(a)

Wherever in this chapter an unpierced wall or fence is required, a buffer strip of not less than ten feet in width may be permitted in lieu of the required unpierced wall or fence upon a finding by the Town Council during site plan review that the buffer strip would provide equal or greater protection to the residential district from any adverse effects from the use of the nonresidential district. Within the buffer strip all planting shall not be less than four feet in height, and not exceed six feet in height.

(b)

Whenever in this chapter a buffer strip is permitted, it shall be landscaped within 30 days from the date of issuance of a certificate of occupancy for the use which requires the buffer strip, and shall thereafter be reasonably maintained with permanent plant materials to provide a suitable screen equal in characteristics to a wall.

(C)

Gateposts. Any gate post or entrance post at any entry or exit to or from residential development shall not exceed eight feet in height. Any wall attached to or made a part of the gate post or entrance post shall not exceed six feet in height with a taper from the gate post or entrance post for a distance not to exceed four feet in the beginning of the wall.

(D)

Traffic hazard. Wherever in this chapter an unpierced wall or fence is required, the Town Council may reduce the required height or may waive the requirement where the wall or fence is required to be erected within 40 feet of a street right-of-way if the Town Council finds that the construction of the wall or fence as required would constitute a traffic hazard.

(Ord. No. 522, § 1, 6-16-16; Ord. No. 565, § 1(Att. A), 9-26-2023; Ord. No. 571, § 1, 5-13-2024)

A landscape plan shall be prepared by the owner, nursery firm, landscape designer or landscape architect showing the area to be covered by grass and lawn and the area to be covered by plants of any type. This plan shall be a part of the site plan or if a site plan is not required, must be submitted and approved prior to receiving a certificate of occupancy. The following items shall be included:

(A)

Landscape plan. A landscape plan with drawings to scale containing the following information:

(1)

Building site property lines and adjoining rights-of-way, easements or common ground areas;

(2)

Position of all structures, drives, pools, terraces and other non-plant improvements on the property;

(3)

Identification and position of all existing trees and plantings on the property. The size of the existing tree canopies shall be shown and the introduced tree canopies at maturity shall also be indicated;

(4)

Identification and position of all trees and plants to be introduced to the property;

(5)

The position and permeability measure of the core samples taken on the subject property if required; and

(6)

Topography symbols for any changes in elevation that are one foot or more over or under the grade of the main structure on the lots for any location over 500 square feet in area. Each area with a change in elevation shall be indicated with 12-inch interval contour lines.

(B)

Detailed specification sheet. A detailed specification sheet containing the following:

(1)

A list identifying all trees and plants with installed sizes, corresponding to their positions on the plan;

(2)

A list of all non-plant items that may have an effect on water conservation by using or saving water, such as hills, barriers, drains, pools, streams or fountains;

(3)

A percentage estimate of how much tree canopy will, at the tree's maturity, be covering the property with existing and introduced trees. Areas of native plants or palms may be considered part of canopy coverage if requested in writing and approved by the Town Building Official. When accepted, these areas of plants or palms shall then be construed as protected areas or protected trees under the regulations for tree protection described in section 167.02 and must follow the requirements set forth therein; and

(4)

An estimate of the percentage of introduced plant material that is considered native and/or drought-tolerant.

(Ord. No. 522, § 1, 6-16-16)

All projects requiring approval under this chapter shall be finally inspected by the Town Building Official or representative prior to the granting of a certificate of occupancy.

(Ord. No. 522, § 1, 6-16-16)