A.

Purpose and Intent.

1.

The intent of this section is to provide for required landscape, buffer and tree protection in certain developments, redevelopments and areas to be developed within the City of Inverness. The purpose of this section is to enhance aesthetic appearance and preserve the environmental and ecological benefits of trees and other endemic (native) vegetation. Landscape provides both visual and climatic relief from buildings, structures and broad expanses of impervious surface while enhancing urbanizing development by blending the natural and man-made environments.

2.

Landscape buffers mitigate conflict between potentially incompatible land uses, strategically separate vehicular and non-vehicular use areas, define vehicular accessways and access points, and screen vehicular movement, noise and glare from public view.

3.

This section contains standards for all required landscaping, to include buffers between adjacent uses, off-street parking areas and general maintenance requirements that apply to all landscaped areas.

4.

Landscape, landscaped areas, buffers and tree protection shall be provided and/or accomplished for all real properties in the manner set forth in this schedule. The minimum provision required may be exceeded. Unless otherwise prescribed, the most stringent provision of this Code shall prevail.

B.

Definitions. The words or phrases defined below have special or limited meanings as used in this schedule, and as provided in this schedule shall mean:

Administrative Official means the City Manager of the City of Inverness or his/her appointed designee.

Berm means a mound of earth, contoured so as to form a definitive amount of relief above the general elevation of the adjacent ground or surface.

Buffer means a specified land area together with the planting and landscaping required on the land used to visibly separate one (1) use from another or to shield or block noise, lights or other potential nuisances.

Development Review Committee means the members of the administrative staff of the City of Inverness, established for the purpose of providing professional and technical review of applications and related documentation for development which is proposed to occur within the city.

Diameter breast height (DBH) means the diameter, in inches, of a tree measured at four and one-half (4½) feet above the existing grade.

Drip line means an imaginary, perpendicular line that extends downward from the outermost tips of the tree branches to the ground.

Landscape means vegetative and inert materials including but not limited to, grass, sod, shrubs, vines, hedges, trees, flowers, berms and complementary structural landscape architectural features such as rock, fountains, sculpture, decorative walls and tree wells.

Landscaped area means land area to be provided with landscape.

Landscaped strip or landscaped island means required landscaped areas containing ground cover, shrubs, trees and/or other landscaping used to separate rows of parking, certain parking spaces or parking areas from property lines.

Parking area means a paved ground surface area used for the temporary parking and maneuvering of vehicles by employees, customers or residents; providing an accessory service to a commercial, industrial or residential use.

Person means any individual, partnership, corporation, association or other legal entity including the plural as well as the singular.

Protective barrier means a physical structure limiting access to a protected area, composed of wooden and/or other suitable materials which assures compliance with the intent of this Code.

Remove or removal means the actual removal of a tree by digging up or cutting down, or the effective removal through damage.

Replacement stock means any immature tree having an overall height of at least ten (10) feet but does not include any tree listed as restricted in section 2.2 of this Code. In addition, replacement stock shall have a minimum diameter of one and one-half (1½) inches at DBH.

Required landscape means any landscaping or landscaped area required by this Code.

Shrub means a self-supporting woody species of plant, of a size less than a tree, characterized by several persistent stems and branches dividing from the base.

Tree means any woody self-supporting plant, usually characterized by having a single trunk and well-formed crown at least fifteen (15) feet in heights as measured from its base.

Trees, stands of, means a naturally occurring grouping of three (3) or more trees forming a canopy of vegetation which results in a single unified drip line.

Vehicular circulation areas includes any accessways, parking spaces or areas, paved outdoor sales areas not under roof, and loading and unloading facility areas.

C.

Landscaping Requirements.

1.

Where it is not possible to retain existing natural ground cover, landscaped areas shall be seeded and/or sodded, or provided with other acceptable ground cover.

2.

Landscaping will be used to minimize potential soil erosion through the use of plant materials which aid in soil stabilization and through the use of accepted Best Management Practices (BMP), as applicable.

3.

Landscaping will maximize the shading of roads and off-street parking areas, as applicable.

4.

The use of plant materials endemic (native) to the area is strongly recommended. Plants that are not adaptable to the area because of cultural requirements shall not be used.

5.

All required trees and other landscaping shall be installed according to accepted commercial/horticultural planting procedures, and shall meet the following requirements:

a.

All required plant materials shall be equal to or exceed the standards established and revised for Florida No. 1 as published by the State of Florida, Department of Agriculture and Consumer Services. Nursery stock shall be in accordance with minimum requirements of the American Standards for Nursery Stock, published by the "American Association of Nurserymen".

b.

All plants, including grass sod shall be sound, healthy, vigorous, free from mutilation, diseases, fungus, insect pests and their eggs, and shall have healthy root systems.

c.

Trees shall be a minimum of one and one-half (1½) DBH × eight (8) foot height, installed. Removal of any "hardwood" tree(s) shall require replacement with only those of the same tree "family".

d.

Shrubs, when installed, shall be a minimum of twelve (12) to eighteen (18) inches high, and eighteen (18) inches spread for all internal landscaped areas; a minimum of twenty-four (24) inches high for landscaped strips lying between parking areas, private roads and public rights-of-way, and a minimum of thirty-six (36) inches high where a continuous hedge is required and for major or minor arterial roadway rights-of-way.

e.

Vines shall be of a size reasonable expected to become a minimum of thirty (30) inches in height one (1) year after planting. Vines may be used in conjunction with walls and fences, to meet the minimum requirements of buffers.

f.

Ground covers, other than grass, shall be planted in such a manner as to provide complete coverage within one (1) year after planting.

g.

Grass species shall be of the types which are normally grown for lawns in the City of Inverness and vicinity. The respective turf establishment areas may be seeded, sodded, plugged or sprigged. For slopes greater than 4:1 (25%), sod and/or ground cover shall be required. Other soil stabilization methods may be utilized upon approval of the Development Review Committee.

6.

All landscaped areas shall be provided with an irrigation system, or other reliable source of water supply as approved by the Development Review Committee or substitute xeric landscaping as approved by the Development Review Committee.

7.

Maintenance of all landscaped areas shall be the responsibility of the property owner. Failure to maintain plantings and/or other features of a required landscape area in an attractive and healthy state shall be considered a violation of this Code and subject to enforcement as provided in Section 3 of the adopted City Land Development Code.

D.

General Landscape Requirements. All proposed landscaping shall meet the following minimum requirements.

1.

The preservation and protection of existing endemic (native) species of plant material is strongly encouraged. Existing native species and natural cover will be retained wherever possible. Where planting requirements for landscaped areas results in the need for additional materials in an existing natural area, there will be minimum disturbance to native species.

2.

Where it is not possible to retain existing natural ground cover, landscaped areas shall be seeded and/or sodded, or provided with other acceptable ground cover.

3.

Landscaping will be used to minimize potential soil erosion through the use of plant materials which aid in soil stabilization and through the use of accepted Best Management Practices (BMP), as applicable.

4.

Landscaping will maximize the shading of roads and off-street parking areas, as applicable.

5.

The use of plant materials endemic (native) to the area is strongly recommended. Plants that are not adaptable to the area because of cultural requirements shall not be used.

6.

All required trees and other landscaping shall be installed according to accepted commercial/horticultural planting procedures, and shall meet the following requirements:

a.

All required plant materials shall be equal to or exceed the standards established and revised for Florida No. 1 as published by the State of Florida, Department of Agriculture and Consumer Services.

E.

Acceptable and Unacceptable Plant Species.

1.

Landscape material selection. The species of required landscape materials shall be selected based on the existing and neighboring vegetative communities, soil types, proposed function of the materials, cold tolerance, existence of utilities or overhead power lines and aesthetics. In addition, landscape materials shall be selected in accordance with the following:

a.

A minimum of 75 percent of the required trees shall be planted on any one site shall be native trees. A list of approved species is provided under paragraph 2. below.

b.

Aside from lawn area, a minimum of 75 percent of the required landscape materials to be planted on any one site shall be drought or moderate drought resistant plantings incorporated into a low or moderate water use zone. A list of approved plantings to satisfy this requirement is provided under paragraph 2. below.

c.

Landscape plans shall be designed to group landscaping materials together into zones according to water use needs as follows:

1.

High water use zone.

2.

Moderate water use zone

3.

Low water use zone.

Plant materials may be grouped with those associated with the same or higher water use zone.

2.

Minimum specifications. All landscape material required to satisfy this Code shall be Florida No. 1 Grade or better, according to the current Grades and Standards for Nursery Plants, State of Florida Department of Agriculture. In addition, all landscape material shall satisfy the following minimum specifications.

a.

Shade trees. All shade trees shall be staked and guyed at the time of planting in accordance with the details of this section. Below is a list of approved native shade trees.

KEY:

(X) Xeriscape moderate drought tolerance

(XX) Xeriscape high drought tolerance

(D) Deciduous

(E) Evergreen

b.

Other acceptable trees. All trees shall be staked and guyed at the time of planting in accordance with the details of this section. Below is a list of approved trees other than shade trees

KEY:

(X) Xeriscape moderate drought tolerance

(XX) Xeriscape high drought tolerance

(D) Deciduous

(E) Evergreen

c.

Shrubs. Below is a list of approved shrubs. Variegated and other similar variations of species shall also be permitted provided identical dimensional and functional results are achieved.

KEY:

(X) Xeriscape moderate drought tolerance

(XX) Xeriscape high drought tolerance

(D) Deciduous

(E) Evergreen

d.

Lawn grass. All grass areas, except large open turf areas such as retention area bottoms and play fields, shall be sodded with any species of grass common to Central Florida. The use of Zoysia sod is recommended for areas subject to regular manicuring and heavy pedestrian traffic. Generally, this type of grass should be used in areas which are viewed at a close distance. Bahia sod is recommended for retention areas, slopes, repair of rights-of-way, overflow grassed parking, play fields and other large turf areas which are not generally manicured. Below is a list of approved lawn grasses.

The city may approve other lawn grasses in addition to those listed above, providing that documentation defining the characteristics of the proposed grass, including appearance, growing requirements, and growth rate, substantiate its suitability for its intended purpose.

e.

Mulch. All planting beds shall be filled with a minimum of two inches of clean, weed free organic mulch, with three (3) inches being the preferable mulch depth.

f.

Alternate landscaping materials. The city may approve alternative landscape materials to satisfy xeriscape requirements when such materials are determined to be drought resistant. Determination shall be based on certified documentation provided by a registered landscape architect or printed in a recognized professional or information publication.

3.

Restricted tree stock. The following trees may not be used as replacement stock within the incorporated City Limits of Inverness per current tree ordinance.

a.

Brazilian Pepper Tree (Schinus Terebinthifolius);

b.

Poison Wood (Metopium Toxiferum);

c.

Australian Pine (Casuarina Equisetifolia);

d.

Melaleuca (Melaleuca Quinquenervia);

e.

Mimosa (Albizia Julibrissin);

f.

Paper Mulberry (Broussanetia Papyifera).

4.

Restricted shrubs.

a.

Castor Bean (Ricinus Communis);

b.

Rice Paper Plant (Tetrapanax Papyriferus).

(Ord. No. 2009-662, § 1, 4-7-09)

F.

Landscape Requirements for Residential Use. Landscape shall be provided for all new residential uses in the following manner: (must adhere to current tree ordinance requirements):

1.

Trees per dwelling unit. At least one (1) tree shall be provided per each dwelling unit.

2.

One- and two-family dwellings. At least one (1) tree shall be provided in the required front yard of each unit for one- and two-family dwellings.

G.

Off-Street Parking and Vehicular Circulation Areas. The following provisions and requirements shall apply to all off-street parking areas for automobiles and vehicular circulation areas:

1.

Required landscape area. The minimum required landscaped area for parking areas shall be ten (10) square feet of landscaped area for every parking space plus one (1) square foot of landscaped area for every fifty (50) square feet of parking and vehicular circulation area exceeding five thousand (5,000) square feet.

a.

Minimum required land area for required landscaped areas: Each required landscaped area shall contain a minimum land area of fifty (50) square feet.

b.

Required landscaped area for rows of parking spaces: A landscaped area shall be provided at each end of all rows of parking. In addition, at least one (1) landscaped area shall be provided between every ten (10) parking spaces; provided, however, that when double (front-to-front) rows of parking spaces are utilized, each required landscaped area shall contain a minimum land area of one hundred (100) square feet.

2.

Required trees. At least one (1) tree shall be provided in each landscaped area as prescribed in subsection G.1, above; provided, however, that two (2) trees shall be provided for each required landscaped area that is in excess of one hundred fifty (150) square feet, and one (1) additional tree shall be required for each additional one hundred fifty (150) square feet or portion thereof.

3.

Required shrubs. Each required landscaped area shall be provided with shrubs in the ratio of one (1) shrub per twenty (20) square feet of required landscaped area.

4.

Parking space reduction to protect existing trees. The Development Review Committee shall have the authority to reduce the required number of off-street parking spaces when such reduction would result in the preservation of existing trees. Only trees which are a minimum of twelve (12) inches in diameter when measured three (3) feet above ground level shall be applicable for such reduction. In addition, such reduction provided may be allowed only when the number of required parking spaces shall result in a decrease of less than five (5) percent of the total number of required off-street parking spaces required.

H.

Landscaped Adjacent to Streets and Parcels. A landscape strip shall be provided along all parcel lines and abutting street rights-of-way lines as required by the provisions of this schedule. The depth of the required landscaped strip shall be measured and provided parallel to the parcel line or abutting street right-of-way in question. Landscaped strips shall be considered to be required landscaped areas. A landscaped strip may be included as fulfilling the buffer requirements for the premises in question. However, no part of a landscaped strip required for any use shall be included as fulfilling the landscape or buffer requirements for another use unless specifically provided for in this Code. Landscaped strips shall be provided in the following manner:

1.

Arterials and collectors. A 10-foot wide landscaped strip shall be provided along all parcel lines abutting a street right-of-way classified as arterial or collector roadways in the traffic circulation element of the city comprehensive plan. The landscape design shall meet the requirements of the clear visibility triangle as applicable.

a.

Trees: One (1) tree shall be provided for every twenty-five (25) lineal feet of parallel line in question. Such trees shall be evenly spaced.

b.

Hedge: When off-street parking, loading, unloading and vehicle circulation areas are to be located adjacent to the street in question, a dense hedge of shrubs shall be provided in the following manner:

1)

At initial planting and installation, shrubs shall be at least twenty-four (24) inches in height and shall be separated by a distance of thirty (30) inches or less on center from adjacent tree trunk and/or shrubs.

2)

Within one (1) year of initial planting and installation, shrubs shall have attained and be maintained at a minimum height of four (4) feet and shall provide an opaque vegetative screen between the street and the use of the premises.

3)

In lieu of a vegetative hedge, the Development Review Committee shall be authorized to approve the use of berms or other appropriate landscape materials in a manner that results in the visual separation of street rights-of-way and the premises in question.

2.

Other street rights-of-way. A five-foot wide landscaped strip shall be provided along all property lines abutting a street right-of-way other than streets prescribed in subsection A, above. Required landscape shall be provided in the required landscaped strip as follows:

a.

Trees: One (1) tree shall be provided for every fifty (50) lineal feet of property line in question. Such trees shall be evenly spaced.

b.

Hedge: When off-street parking, loading, unloading and vehicular use areas are to be located adjacent to the street in question, a dense hedge of shrubs shall be provided in the same manner as prescribed in subsection A.2, above, except, shrubs at initial planting shall be at least twenty-four (24) inches in height, and shall have attained and be maintained at a height of three (3) feet. All other requirements prescribed shall apply.

3.

Other property lines. When off-street parking, loading, unloading and vehicular circulation areas are to be located adjacent to a property line other than property lines described in subsection A or B, above, a five-foot wide landscaped strip shall be provided along the property in question. Required landscape shall be provided in the required landscape strip as prescribed in subsection B.2, above.

4.

Required trees. When both buffer and landscape strip requirements apply, required trees shall be provided. In addition, when a landscape strip is included as fulfilling the buffer requirements for the premises, the more stringent requirements shall apply.

I.

Credit for Healthy, Existing Trees and Plant Materials. Healthy trees and shrubs existing on the premises may be credited toward meeting the requirements of this Code; provided, however, that such tree or shrub is not listed as a restricted species in this Code. Palm tree species shall not be credited for requirement or replacement value for any premises (as per current tree ordinance).

J.

Reduction and Exemptions to Landscape Requirements.

1.

Required landscape strip, landscape area and landscape. The Board of Zoning Adjustment may, upon appeal by an applicant or unless otherwise provided for in this Code, waive or reduce the required landscape provisions of this schedule where such requirements would be unreasonable and excessive due to the size of the property in question and/or the fact that the landscape requirement is not necessary due to the unique location and/or natural topographical or other physical character of the specific property in question, and provided such reduction would not be detrimental to the adjacent property or properties.

2.

Residential explanation of requirements. The requirements of the above subsections F through H shall not apply to residential density of five (5) units or less per acre.

3.

Special exception residential use will adhere to the buffering requirements of this section in addition to the landscaping requirements specified and imposed by the granting of the special exception.

4.

Central Business District (CBD) exemption. Due to the unique characteristics of the downtown area and the provision of public landscaping, buffering and screening, the requirements of this section 2.8 of the Land Development Code shall not apply to properties within the CBD. However, where on-site landscaping, buffering or visual screens currently exist, they shall not be reduced without approval of the Development and Plan Review Committee and new development which has property available for landscaping, buffering or visual screens may be required by the Development Review Committee to provide as such. Historic properties designated by the federal, state or city government shall be exempt from these requirements.

(Ord. No. 93-481, § 1, 9-7-93)

K.

General Explanation of Requirements. Land use compatibility requirements shall apply along all property lines as required by the provisions of this Code and in conformance with directives of the land use element of the city comprehensive plan. Unless otherwise provided in this Code, the buffer shall be located within the setback and the required vegetative landscape shall be located within the buffer. A buffer may also contain a barrier, such as a fence, wall, hedge or berm where such additional screening is necessary to achieve the desired degree of buffering between adjacent uses.

L.

Determination of Buffer Requirements.

1.

Required buffers. Buffers shall be required for all new development and redevelopment on properties/parcels within the incorporated boundaries of the City of Inverness. A buffer shall be provided along all property lines and abutting street rights-of-way lines as required by the provisions of this Code. The depth of the required buffer shall be measured and provided parallel to the property line or abutting street right-of-way in question. Landscape material and design shall meet the requirements of the clear visibility triangle provided for in section 2.11 of this Code. No part of a buffer required for any use shall be included as fulfilling the buffer requirements for another use unless specifically provided for in this Code.

Where a proposed development is a single entity, mixed use project, buffers shall not be required between various constituent parts, except that any nonresidential use shall be separated from residential use by the minimum required buffer.

Buffers shall not be located on any portion of an existing, dedicated or proposed right-of-way, easement or private street.

The table of buffer requirements describes the type of buffer required, determined by the type of proposed use and the type of use which is designated, approved or developed on lands adjacent to the proposed project. In order to determine the type of buffer required, the following procedures shall be followed:

a.

Identify the type of use for the proposed project.

b.

Identify the type of use for all properties abutting the proposed project, based upon designated, approved or developed use of the property.

c.

Where an abutting property has a lawful nonconforming use of less intensity than the allowable use of the property, buffering shall be based upon the allowable use. (Note: This avoids the possibility of "too little buffering" should the nonconforming use be discontinued, and an allowable use consistent with the Future Land Use Map and this Code subsequently be developed.)

d.

Refer to the "Table of Buffer Requirements" (Table J-1) for the buffer requirements on each property boundary and select the specified buffer as indicated.

2.

Table of buffer requirements. Table J-1 shall be utilized for determination of required buffers as appropriate.

Table J-1 Buffer Requirements

*Excludes Abutting Single Family Detached Housing

3.

Types of buffer.

a.

Type "A" buffer: A type "A" buffer shall mean the required planting of twenty-five (25) shrubs per one hundred (100) lineal feet of property, plus one (1) tree per every fifty (50) lineal feet of property, or portion thereof. A minimum five-foot buffer shall be measured and provided parallel to adjacent property lines.

b.

Type "B" buffer: A type "B" buffer shall mean a continuous hedge of dense shrubbery which shall attain a height of at least six (6) feet within eighteen (18) months of the time of planting, plus one (1) tree per every fifty (50) lineal feet of property, or portion thereof. Such required hedge shall not be less than four (4) feet in height, and not exceed a maximum of two (2) feet in distance between shrubs at the time of planting. A minimum ten (10) foot buffer shall be measured and provided parallel to adjacent property lines. A type "A" buffer may be used in conjunction with a type "B" buffer upon approval of the Development Review Committee.

c.

Type "C" buffer: A type "C" buffer shall mean a continuous, opaque wall of masonry, wood or other material as may be approved by the Development Review Committee, at least six (6) feet in height. If the wall is constructed of cement block, the side facing the abutting use shall be faced with stucco or another similar decorative finish. In addition, one (1) tree shall be provided every twenty-five (25) feet along the wall, or portion provided parallel to adjacent property lines. A type "A" or "B" buffer may be used in conjunction with a type "C" buffer upon approval of the Development Committee.

d.

Berms: Earthen berms may be utilized in conjunction with required buffers upon approval of the Development Review Committee. Such berms shall utilize a slope of 4:1 or less, and shall provide such landscaping as necessary to ensure soil stabilization.

4.

Permitted uses within buffers. The following uses shall be permissible within a required buffer:

a.

Vehicular ingress/egress to off-street parking, loading, unloading, service area space and vehicular circulation areas;

b.

Permitted public service/utility structures;

c.

Walkways with improved surfaces;

d.

Stormwater retention or detention areas, so long as the required buffer plantings are provided, the design and landscaping of the buffer does not interfere with the proper functioning of the drainage system, and the design water depth does not harm the viability of the plantings;

e.

Required project improvements upon approval of the Development Review Committee;

f.

Permitted signs upon approval of the required site plan by the Development Review Committee.

5.

Restricted uses within buffers. The following uses shall not be allowed within required buffer areas:

a.

Off-street parking, loading, unloading, service areas or vehicle circulation areas. In addition, all off-street parking spaces shall be provided with appropriate stops, curbs or other vehicle bumper guards designed to prevent any encroachment of vehicles upon the required buffer;

b.

Recreational facilities or equipment;

c.

Barbed wire, electric fence or other potentially harmful objects or articles.

M.

Exceptions to Land Use Compatibility Requirements. The Board of Zoning Adjustment may, upon appeal by an applicant, waive or reduce the required landscape where such vegetation would be unreasonable and excessive due to the size of the parcel in question and/or the fact that the required vegetation is not necessary due to the unique location, natural topographical features and/or other physical characteristics of the specific parcel in question, provided such reduction would not decrease land use compatibility objectives or otherwise prove detrimental to the adjacent parcel or parcels. The applicable buffer distance provisions along all parcel lines in question shall not, however, be waived.

N.

Tree Requirements (per current tree ordinance).