(a)

The landscaping, tree planting and buffering requirements of this section are intended to lessen the transmission of noise, dust and glare between lots, and to protect the water, air and other natural resources of the city.

(b)

The requirements of this article are intended to be guidelines for landscape preservation, planting and design. The use of existing vegetation to meet these requirements is preferred and strongly encouraged.

The requirements of this section shall apply to all new parking areas and also those altered, improved or enlarged, subsequent to the adoption of these regulations:

(1)

A landscaped yard at least eight feet in width shall be provided between all parking areas and other public rights-of-way. Said yard shall include the following:

a.

A semi-solid screen of vegetation, or a wall at least two and one-half feet in height, and

b.

Sufficient canopy trees, understory trees, shrubs and vines to break the visual monotony of a wall or hedge.

(2)

Interior landscaped areas shall be provided to limit unbroken rows of parking, protect existing trees and vegetation and to offer visual relief to vast expanses of paving. At least ten percent of the gross parking area located inside the required buffer and landscape yards shall be devoted to landscaping which meets the xeriscape requirements included in Appendix A-S.

(a)

The planting and preservation of canopy trees shall be required in all districts in accordance with the Xeriscape Ordinance found in Appendix A-S.

(b)

In addition to the requirements listed in subsection (a), canopy trees shall be provided and or preserved every 50 feet in front yards along the following rights-of-way:

(1)

Local streets.

(2)

Collectors.

(3)

Arterials.

(c)

For the purposes of this section, a canopy tree is a species of tree normally grows to a mature height of 40 feet. New trees must be at least eight to ten feet high with a four to five foot spread, and a minimum trunk caliper of one and one-half inches to two inches at the time a development permit is issued.

(d)

For the purpose of fulfilling the requirements of this section, each existing canopy tree over eight inches DBH that is preserved in accordance with Article XX, and each cluster of smaller trees may be credited for as many as four new trees depending on the health, condition and species of said trees. Eligible credit will be determined at issuance of a conditional use permit (or other applicable permit). Specific credit will be confirmed with final inspection before a Certificate of Occupancy is issued.

(e)

No paving may be placed within ten feet of any tree retained in accordance with Subsection (d) that is 18 inches or more DBH.

(f)

Required canopy trees may be provided in landscape buffer areas, interior landscaped parking areas or perimeter parking buffer yards.

Perimeter buffers shall be required to provide visual relief; eliminate or minimize potential nuisances such as dirt, litter, noise and glare; and to assist in reducing air pollution hazards in commercial, mixed use, industrial and public use zoning categories. The requirements of this section shall apply to all property within the boundary of the City of Keystone Heights.

(1)

Provision of buffers.

a.

Perimeter buffers shall be provided between uses as required in Table 1. Where adjacent property is undeveloped the, required perimeter buffer shall be determined based on the future land use designation applicable to the vacant lands. Where the applicable future land use category permits more than one use, the buffer associated with the least intense use permitted shall apply. If single-family residential use is permitted, it shall be the use assumed.

b.

Perimeter buffers in the side yard shall be provided where there is an intervening street between a nonresidential use and any residential use. Access to the intervening street may be prohibited if the classification of the street is insufficient to support the nonresidential traffic impacts; if permitted, access shall be limited to one driveway with a maximum width of 24 feet. Where vehicular access is permitted, perimeter buffers required pursuant to this section shall only be broken for a distance required to provide visibility for entering and exiting vehicles, said break limited to a maximum of 44 feet. Where vehicular access would reduce the perimeter buffer to less than 50 percent of the length of the side property boundary, vehicular access shall not be permitted.

c.

Perimeter buffer requirements may be met with existing or planted material introduced to the property to produce the requirement buffer.

d.

Perimeter buffer area and tree planting shall be in addition to the parking area landscaping required in Section 17-182 and canopy trees required at the right-of-way in Section 17-183(b).

(2)

Buffer requirements. Perimeter buffers identified below apply to general uses within the categories of use provided in Table 1. Any specific use that meets the definition of commercial intensive shall provide perimeter buffer "C" specified in Table 1 and shall increase the size of the perimeter trees required to three-inch caliper and decrease the spacing of required perimeter trees to 30 feet on center.

a.

Perimeter buffer "A".

1.

Evergreen plants which at the time of planting shall be six feet in height and provide an overall opacity of 80 percent; or

2.

A masonry wall six feet in height constructed of brick or masonry units. Block walls shall be of architectural block or finished with stucco; or

3.

A solid wooden fence six feet in height, finished side out and installed in combination with shrubs, 30 inches in height at planting that are installed continuously along the fence; or

4.

A berm that alone or in combination with subsections (B)(1)(a), (b) and (c) above provides a screen that is a minimum height of six feet and 80 percent opaque at the time of installation; and

5.

Evergreen or deciduous canopy trees that are a minimum of ten feet in height and two-inch caliper at the time of planting, spaced not more than 50 feet apart; and

6.

Turf grass, low growing evergreen plants or evergreen ground cover over the total surface area of the required buffer.

In lieu of the requirements above, an undisturbed vegetated buffer, having an opacity of 85 percent during all seasons and a minimum of 30 feet in width may be retained. To be eligible for use as the required perimeter buffer, the undisturbed vegetated buffer must contain trees of the minimum size and quantity and general distribution described in subsection (2)a.5., above. An undisturbed vegetative buffer may be supplemented with additional native plantings to achieve the specified opacity or to meet the tree requirement of subsection (2)a.5., above.

b.

Perimeter buffer "B".

1.

Evergreen plants which at the time of planting shall be six feet in height and provide an overall opacity of 80 percent; or

2.

A masonry wall six feet in height constructed of brick or masonry units. Block walls shall be of architectural block or finished with stucco; or

3.

A solid wooden fence six feet in height, finished side out and installed in combination with shrubs 30 inches in height at planting that are installed continuously along the fence; or

4.

A berm that alone or in combination with subsections (2)b.1., 2. and 3. above provides a screen that is a minimum height of six feet and 80 percent opaque at the time of installation; and

5.

Evergreen or deciduous canopy trees that are a minimum of ten feet in height and two-inch caliper at the time of planting, spaced not more than 50 feet apart; and

6.

Turf grass, low growing evergreen plants or evergreen ground cover over the total surface area of the required buffer.

In lieu of the requirements above, an undisturbed vegetated buffer, having an opacity of 85 percent during all seasons and a minimum of 50 feet in width may be retained. To be eligible for use as the required perimeter buffer, the undisturbed vegetated buffer must contain trees of the minimum size and quantity and general distribution described in subsection (2)b.5., above. An undisturbed vegetative buffer may be supplemented with additional native plantings to achieve the specified opacity or to meet the tree requirement of subsection (2)b.5., above.

c.

Perimeter buffer "C".

1.

A masonry wall six feet in height constructed of brick or masonry units. Block walls shall be of architectural block or finished with stucco; and

2.

Evergreen or deciduous canopy trees that are a minimum of ten feet in height and two-inch caliper at the time of planting, spaced not more than 50 feet apart; and

3.

Turf grass, low growing evergreen plants or evergreen ground cover over the total surface area of the required buffer.

In lieu of the requirements above, an undisturbed vegetated buffer, having an opacity of 85 percent during all seasons and a minimum of 75 feet in width may be retained. To be eligible for use as the required perimeter buffer, the undisturbed vegetated buffer must contain trees of the minimum size and quantity and general distribution described in subsection (2)c.2., above. An undisturbed vegetative buffer may be supplemented with additional native plantings to achieve the specified opacity or to meet the, tree requirement of subsection (2)c.2., above.

d.

Perimeter buffer "D" (same use buffer).

1.

Evergreen or deciduous canopy trees that are a minimum of ten feet in height and two-inch caliper at the time of planting, spaced not more than 50 feet apart.

(Am. Ord. 2005-401, passed 7-26-05)

The maintenance of all bufferyards, trees, plantings and structures shall be the responsibility of the property owner "or owners' association, if applicable. Failure to maintain such structures and plantings in an attractive and healthy state shall be considered a violation of this chapter subject to enforcement as provided in Article VII.

(a)

The council recognizes that because of the wide variety of types of developments and the relationships between them, it is neither possible nor prudent to establish inflexible screening requirements. The council may therefore permit deviations from the requirements of this chapter and may either require more intensive or allow less intensive screening or planting whenever it finds such deviations are more likely to fulfill the intent of the chapter.

(b)

Without limiting the generality of subsection (A) the council may modify the presumptive requirements for:

(1)

Unique environmental conditions;

(2)

Commercial uses located adjacent to other commercial uses within the same development; or

(3)

Uses located within planned unit developments.

(c)

Whenever the council allows or requires a deviation from the requirements of this chapter, it shall enter on the face of the permit the requirements it imposes and the reasons for allowing the deviation.

The following tree species and other similar species approved by the administrator shall qualify to fulfill the tree planting requirements of Section 17-183:

(1)

American Holly (llex opaca).

(2)

Bald Cypress (Taxodium distichum).

(3)

Dahoon Holly (llex cassine).

(4)

Florida Basswood.

(5)

Laurel Oak (Quercus laurifolia).

(6)

Live Oak (Quercus virginiana).

(7)

Loblolly Bay (Godonia lasianthus).

(8)

Pines (all types); except that there may be some restrictions on percentage of total allowed. Pines shall not be used as street trees.

(9)

Red Bay (Persea Barbona).

(10)

Red Maple (Acer Rubrum).

(11)

Southern Magnolia (Magnolia grandiflora).

(12)

Southern Red Cedar (Juniperus silicicola).

(13)

Sweet Bay (Magnolia Virginiana).

(14)

Sweet Gum (Liquidambar Styraciflua).

(15)

Tulip Poplar (Liridendron tulipifera).

(16)

Water Oak (Quercus Nigra).

(17)

Winged Elm (Ulmus Alata).

(18)

Camphor Tree (Cinnamomum Camphor).

(19)

East Palatka Holly (llex Opaca).

(20)

Shumard Oak (Quercus Shumardii).

(21)

Sycamore (Platigus occidentalis).

It is the intent and purpose of this section to promote procedures of water conservation through more efficient landscape irrigation for all property within the boundary of the city.

(1)

Definitions. The following terms, phrases, words and their derivatives shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural.

a.

Address means the house number of a physical location of a specific property. This includes "rural route" numbers but excludes post office box numbers. If a lot number in a mobile home park or similar community is used by the U.S. Postal Service to determine a delivery location, the lot number shall be the property's address. An "even numbered address" means an address ending in the numbers 0, 2, 4, 6, 8 or the letters A-M. An "odd numbered address" means an address ending in the numbers 1, 3, 5, 7, 9 or the letters N-Z.

b.

District means the St. Johns River Water Management District.

c.

Person means any person, firm, partnership, association, corporation, company, or organization of any kind.

d.

Landscape irrigation means the outside watering of plants in a landscape such as shrubbery, trees, lawns, grass, ground covers, plants, vines, gardens and other such flora that are situated in such diverse locations as residential areas, public, commercial, and industrial establishments, and public medians and rights-of-way. "Landscape irrigation" does not include agricultural crops, nursery plants, cemeteries, golf course greens, tees, fairways, primary roughs, and vegetation associated with recreational areas such as playgrounds, football, baseball and soccer fields.

e.

Residential landscape irrigation means the irrigation of landscape associated with any housing unit having sanitary and kitchen facilities designed to accommodate one or more residents, including multiple housing units and mobile homes.

f.

Nonresidential landscape irrigation means the irrigation of landscape not included within the definition of "residential landscape irrigation," such as that associated with public, commercial and industrial property, including commercial or transient housing units, hotel and motel units, and public medians and rights-of-way.

(2)

Landscape irrigation schedules. When daylight savings time is in effect, landscape irrigation shall occur only in accordance with the following irrigation schedule:

a.

Residential landscape irrigation at odd numbered addresses or no address may occur only on Wednesday and Saturday and shall not occur between 10:00 a.m. and 4:00 p.m.; and

b.

Residential landscape irrigation at even numbered addresses may occur only on Thursday and Sunday and shall not occur between 10:00 a.m. and 4:00 p.m.; and

c.

Nonresidential landscape irrigation may occur only on Tuesday and Friday and shall not occur between 10:00 a.m. and 4:00 p.m.; and

d.

No more than ¾ inch of water may be applied per irrigation zone on each day that irrigation occurs, and in no event shall irrigation occur for more than one hour per irrigation zone on each day that irrigation occurs.

When eastern standard time is in effect, landscape irrigation shall occur only in accordance with the following irrigation schedule:

a.

Residential landscape irrigation at odd numbered addresses or no address may occur only on Saturday and shall not occur between 10:00 a.m. and 4:00 p.m.; and

b.

Residential landscape irrigation at even numbered addresses may occur only on Sunday and shall not occur between 10:00 a.m. and 4:00 p.m.; and

c.

Nonresidential landscape irrigation may occur only on Tuesday and shall not occur between 10:00 a.m. and 4:00 p.m.; and

d.

No more than ¾ inch of water may be applied per irrigation zone on each day that irrigation occurs, and in no event shall irrigation occur for more than one hour per irrigation zone on each day that irrigation occurs.

All landscape irrigation shall be limited in amount to only that necessary to meet landscape needs.

(3)

Exceptions to the landscape irrigation schedules. Landscape irrigation shall be subject to the following irrigation schedule exceptions:

a.

Irrigation using a micro-spray, micro-jet, drip or bubbler irrigation system is allowed anytime.

b.

Irrigation of new landscape is allowed at any time of day on any day for the initial 30 days and every other day for the next 30 days for a total of one 60-day period, provided that the irrigation is limited to the minimum amount necessary for such landscape establishment.

c.

Watering in of chemicals, including insecticides, pesticides, fertilizers, fungicides, and herbicides, when required by law, the manufacturer, or best management practices, is allowed at any time of day on any day within 24 hours of application. Watering in of chemicals shall not exceed ¼ inch of water per application except as otherwise required by law, the manufacturer, or best management practices.

d.

Irrigation systems may be operated at any time of day on any day for maintenance and repair purposes for a reasonable amount of time to complete the repair.

e.

Irrigation using a hand-held hose equipped with an automatic shut-off nozzle is allowed at any time of day on any day.

f.

Discharge of water from a water-to-air air-conditioning unit or other water- dependent cooling system is not limited.

g.

The use of water from a reclaimed water system is allowed anytime. For the purpose of this paragraph, a reclaimed water system includes systems in which the primary source is reclaimed water, which may or may not be supplemented from another source during peak demand periods.

h.

The use of recycled water from wet detention treatment ponds for irrigation is allowed anytime provided the ponds are not augmented from any ground or off-site surface water, or public supply sources.

(4)

Additional requirement. Any person who purchases and installs an automatic landscape irrigation system must properly install, maintain, and operate technology that inhibits or interrupts operation of the system during periods of sufficient moisture.

(5)

Variance from specific day of the week limitations. A variance from the specific landscape irrigation days or day set forth in Section 17-188(2) may be granted if strict application of the scheduled days or day would lead to unreasonable or unfair results in particular instances, provided that the applicant demonstrates with particularity that compliance with the scheduled days or day will result in a substantial economic, health or other hardship on the applicant requesting the variance or those served by the applicant. Where a contiguous property is divided into different zones, a variance may be granted hereunder so that each zone may be irrigated on different days or day than other zones of the property. However, in no event shall a variance allow a single zone to be irrigated more than two days per week during daylight savings time or more than one day per week during eastern standard time.

(6)

Enforcement. Law enforcement officials having jurisdiction in the city, the city manager and the code enforcement officer are hereby authorized to enforce the provisions of Section 17-188, in accordance with Chapter 3 - Administration, Article VII - Code Enforcement of the Code of Ordinances of the City of Keystone Heights.

(7)

Penalties. Violation of any provision of this section shall be subject to the following penalties:

First violation .....Written Warning

Second violation .....$50.00

Subsequent violations .....Fine not to exceed $500.00

Each day in violation of this section shall constitute a separate offense. Enforcement officials shall provide violators with no more than one written warning. In addition to the civil sanctions contained herein, the city may take any other appropriate legal action, including, but not limited to, injunctive action to enforce the provisions of this section.

(Ord. No. 2016-559, § 1, 5-2-16)