The purpose and intent of this article is to insure that a reasonable portion of all development sites within the city shall be devoted to landscaped pervious areas, thereby improving the visual environment, reducing air pollution, reducing rainwater runoff, and enhancing overall property values. Special emphasis is placed on parking lots.

(Ord. No. 299-1995, 12-28-95)

As used in this article:

Permeable: Means nonpaved landscaped areas which permit water to be absorbed into the ground to assist plant maintenance and to prevent flooding on the property, adjacent properties, public roads and parking areas.

Grass: Means an area planted in grass of a species normally grown in permanent lawns in Monroe County. Grass areas may be sodded, plugged, sprigged or seeded.

Groundcover: Must include: (a) at least fifty (50) per cent of the area covered with living material such as grass, vines, or other low growing plants, and (b) not more than fifty (50) per cent nonliving material such as natural tree bark, natural coral rock, river rock, marble chips, or other decorative but permeable materials.

Hedge: Means a planting of vegetation, with or without openings and regardless of width, that constitutes a barrier more than six (6) feet in length.

Landscaped area: Consists of but is not limited to groundcover, trees, shrubs, vines and complementary structural landscape architectural features such as fountains, sculpture and tree wells.

Shrub: Means a self supporting woody species of plant which is characterized by persistent stems and branches springing from the base.

Tree: Means a self-supporting woody species of plant which normally grows to a height of twelve (12) feet or more.

Vehicular use area: A parking area and the drives serving such areas.

Vine: Means a species of plant which normally requires support to reach mature form.

Xeriscape: Native or other drought resistent plant materials which require only limited irrigation and little other special attention. A list of native or xeriscape plant material species is maintained by the beautification committee.

(Ord. No. 299-1995, 12-28-95)

Cross reference— See also definitions in general, § 101-8; definition of home occupations, § 101-34; definitions specific to floodplains, § 101-91; definitions specific to subdivisions, § 101-111; definitions specific to signs, § 101-130.

For any lot other than a single or two-family dwelling, a landscape plan and any subsequent changes proposed to its specifications shall be included as part of the site plan approval and amendment procedures in conformance with article XII. In the case of single and two-family dwellings, a landscape plan shall accompany the building permit application. All landscape plans, including those requiring amendment, shall be submitted to the beautification committee for review and recommendation in accordance with article XIII.

(Ord. No. 299-1995, 12-28-95; Ord. No. 316-1998, 8-13-98)

The following shall apply to all developments requiring site plan approval, i.e. other than single and two-family dwellings:

(1)

Perimeter landscape requirements.

(a)

Right-of-way frontage: Adjacent to any street right-of-way, there shall be a continuous buffer strip of not less than five (5) feet in width. These buffer strips shall include at least one tree for each thirty (30) linear feet, or portion thereof, of perimeter. Where these buffer strips abut a vehicular use area, there shall also be installed a hedge, berm, or other durable landscaped visual barrier, of not less than three (3) feet in height. Necessary accessways shall be permitted to traverse required perimeter buffer strips.

(b)

Abutting R-1 or R-2 districts: Buffer strips shall include a continuous solid six (6) foot high hedge, fence or wall to be constructed on R-3, RH or B-1 property. Hedges may exceed six (6) feet at time of planting or thereafter. Accessways may traverse these required buffer strips along common interior lot lines when said accessways improve overall vehicular circulation between abutting properties. See also section 101-69, fence design standards.

(2)

Parking lot landscape requirements. Within the interior of any vehicular use area (total area less required perimeter buffer strips), the following shall be required:

(a)

Terminal islands: Contiguous rows of parking spaces shall be terminated at both ends by landscaped islands of not less than ten (10) feet in width. The ends of such islands may be tapered to accommodate vehicle circulation. Such islands shall extend the entire length of the parking space and include at least one tree for every two hundred (200) square feet, or portion thereof, of said island. The remainder of the terminal island shall be well landscaped with grass or living ground cover.

(b)

Interior islands: Landscaped interior islands of not less than seventy-five (75) square feet each in area shall be placed within individual rows of contiguous parking spaces in excess of eight (8) spaces so that there is not less than one island for every eight (8) parking spaces, or portion thereof.

(c)

Divider medians: Where any row of contiguous parking spaces is located so as to abut an interior driveway rather than another row of contiguous parking spaces, a landscaped divider median of not less than five (5) feet in width shall be required between said row and the abutting driveway. At least one tree shall be planted for every thirty (30) linear feet of said median and the remainder of said median shall be landscaped with grass or living ground cover.

(Ord. No. 299-1995, 12-28-95)

In R-1 and R-2 districts, there shall be a minimum of four (4) trees planted per lot except that there shall only be two (2) trees per lot required in R-2B district. The trees shall be planted so that a minimum of two (2) trees shall be planted in the front yard. There shall also be required a minimum of ten (10) shrubs or other approved plant material per lot. In addition, the front yard and swale area shall be sodded, in pea rock or in living ground cover to the edge of all pavements. Pea rock is not permitted beyond the front property line for driveways or walkways. These areas must be constructed of a solid material such as asphalt or concrete.

(Ord. No. 299-1995, 12-28-95)

(1)

General standards. All plant materials shall conform to the standards for Florida No. 1, or better, as given in the current "Grade and Standards for Nursery Plants," State of Florida, Department of Agriculture, Tallahassee, or equal thereto.

(2)

Native plants or xeriscape. At least fifty (50) per cent of all landscaped areas shall have plant materials included on the beautification committee's list of native or xeriscape species which is available at city hall.

(3)

Tree specifications.

(a)

Required trees shall be of a species which normally grow to a minimum height of twelve (12) feet and have a mature crown spread of not less than fifteen (15) feet with trunks which can be maintained with over six (6) feet of clear wood. The beautification committee shall maintain a list of acceptable trees. See section 101-67 for list of prohibited trees.

(b)

All required trees shall have a minimum caliper or diameter at breast height (D.B.H.) of two and one-half (2½) inches and be a minimum of six (6) feet in height at time of planting.

(4)

Other plant material specifications.

(a)

Hedges: Hedges shall be planted and maintained so as to form a continuous, solid visual screen within one year of planting. Spacing of plants shall be no more than three (3) feet on center.

(b)

Living ground cover: Shall be of a species which reaches a maximum height of not more than twelve (12) inches and may be used in lieu of grass. Living ground cover shall present a finished appearance and reasonably complete coverage at time of planting.

(c)

Vines: May be used in conjunction with fences or walls to meet physical barrier requirements as specified.

(d)

Lawn grass: Not more than twenty-five (25) per cent of a lot shall be covered with lawn grass requiring irrigation. Grass shall be a species normally grown as permanent lawns in Monroe County and may be sodded, plugged, sprigged or seeded, except that solid sod shall be used in areas subject to erosion. In areas where other than solid sod or grass is used, nursegrass seed shall be sown for immediate effect and protection until coverage is otherwise achieved.

(Ord. No. 299-1995, 12-28-95)

(1)

In general. All landscaping shall be installed in accord with accepted good planting procedures as prescribed by the beautification committee or the American Society of Landscape Architects with the quality of plants as previously described.

(2)

Curbs. Landscaped areas, walls, structures, and walks, shall require protection from the encroachment or overhang of parked vehicles. Where such protection is necessary, reinforced concrete wheel stops or an approved continuous curbing arrangement of not less than five (5) inches in height, shall be installed to prevent said encroachment.

(3)

Wheel stops. Concrete wheel stops, when used, shall be permanently anchored to the ground, and shall not be located less than two (2) feet from the landscaped area. If the thirty (30) inch vehicular overhang area is left unpaved, it shall be landscaped.

(4)

Existing plant credit. In instances where healthy plant material exists onsite (particularly native or xeriscape species), the beautification committee may adjust the requirements of this article to allow credit for such plant material if such an adjustment is in keeping with the intent of this article.

(5)

Certificate of compliance. Upon completion of all required landscape improvements, the site shall be inspected by the beautification committee for compliance with the landscape plan and approved.

(6)

Irrigation. An underground sprinkler irrigation system is recommended for those areas where plant materials are not native or xeriscape. If an irrigation system is installed, the following shall apply:

(a)

Irrigation controllers shall be switched to manual operation during periods of increased rainfall.

(b)

Sprinkler heads irrigating lawns or other high water demand landscape areas shall be circuited so that they are on a separate zone and schedules from those irrigating trees, shrubbery or other reduced water requirement areas.

(c)

Landscape irrigation systems shall be designed so that, to the greatest extent practical, water being applied to nonpervious areas is eliminated.

(Ord. No. 299-1995, 12-28-95)

(1)

In general. In all districts, the owner or his agent shall be responsible for the maintenance of all landscaping in good condition so as to present a healthy, neat and orderly appearance and clear of refuse and debris.

(2)

Failure to conform or maintain. If any landscaping maintenance is found to be in nonconformance, including dead plant material, notice shall be issued to the owner, agent or occupant that corrective action is required to be in compliance with this article. Such notice shall describe what action is necessary to comply. The owner or his agent shall have thirty (30) days to fulfill the landscaping requirements. Failure of compliance within the allotted time shall be considered a violation of this ordinance.

(3)

Prohibited trees. No Australian pine (casuarina equisetifolia), Brazilian pepper (schinus terebinthifolius), melaleuca cajeput tree, or tree susceptible to lethal yellowing disease, shall be imported into or planted in the city. A tree shall be deemed susceptible to lethal yellowing disease if its species is named on the list of susceptible species of trees as determined from time to time by the state department of agriculture.

(4)

Removal of dead or diseased trees. It shall be unlawful for the owner or occupant of any parcel of property in the city to permit any tree which is dead, or which is infected with a disease communicable to other vegetation in the city, to remain thereon. It shall be the duty of said owner or occupant to remove any such tree within ten (10) days after notice thereof from the city, whether by personal service or by certified mail, return receipt requested.

(5)

Maintenance in right-of-way. All trees, shrubs, or any other plantings between the curb or street line and private property line shall be cared for and maintained by the owner or occupant of the property abutting such street.

(Ord. No. 299-1995, 12-28-95)

(1)

Private drives.

(a)

When an accessway or drive intersects a public street, all landscaping and fences within a fifteen (15) foot triangular area created by such intersection shall provide unobstructed vision clearance at an elevation of from three (3) to six (6) feet in height. The triangle shall be measured along the property line and the accessory edge of pavement.

(b)

Trees having over six (6) feet of clear trunk with limbs and foliage trimmed in such a manner as not to extend into the vision clearance area shall be permitted, provided they in no way create a traffic hazard. No landscaping elements, except for grass or living ground cover, shall be located closer than five (5) feet to any accessway.

(2)

Intersection of two (2) public streets. The vision clearance area shall be the triangular area formed by the intersection of the two (2) streets beginning at the point where property lines meet at the corner, or in the case of rounded property corners, the point at which they would meet without such rounding, and then extending twenty-five (25) feet along each property line shall be where the two (2) furthermost points connect by a diagonal line.

(Ord. No. 299-1995, 12-28-95)

(1)

General standards. In all districts, the maximum overall height including ornamentation and vegetative cover, of all fences and walls used as fences, is six (6) feet, with exception of those enclosing swimming pools and tennis courts. Swimming pool fences and walls used as fences must have a minimum height of four (4) feet. Tennis court fences may not exceed ten (10) feet in height. Height is measured from the average existing grade of the earth where the fence is to be installed to the top of the structure. No height restriction is established for any hedge in any front, side or rear yard except as otherwise required by section 101-14(6) and 101-15(6) and section 101-63(1)(b). Gates integral to any fence are considered to be part of said fence and are governed by all fence codes. All fences and walls used as fences must have a minimum of thirty (30) per cent air flow evenly distributed.

(2)

Boundary fences. Boundary fences must lie on or within six (6) inches of the owner's side of said common lot line. However, no fence or wall used as a fence shall be constructed as a boundary fence when located on the front yard interior lot line of a lot that does not meet the minimum lot width requirement specified in article III.

(3)

Waterside fences. No end of the fence (waterside) shall extend closer than ten (10) feet from the mean high water line on both the ocean and Vaca Cut. This will coincide with the state's ruling allowing public access to beachfront lands.

(Ord. No. 299-1995, 12-28-95; Ord. No. 316-1998, 8-13-98)