The intent of these landscape regulations shall be to require screening and beautification of all storage, parking, display or sales areas so as to improve, protect and preserve the Town's unique aesthetic characteristics and qualities.

Article XIV shall apply to all development, excepting single family detached homes. A landscape plan approval shall be required for all new development within the Town of Malabar, except for single family detached homes, prior to the issuance of a building permit. The following minimum standards for landscaping shall be applicable to all storage, parking, display, sales or accessory vehicular use areas when created or used in connection with new construction, remodeling or enlargement requiring updated code compliance.

The provisions of this section shall be subject to other applicable regulations where such regulations are more restrictive and are not otherwise inconsistent with the provisions of this section.

Accessory Vehicular Use Area. All land upon which vehicles traverse the property, excluding the parking lot.

Accessway. A paved or unpaved area intended to provide ingress and egress from a public or private right-of-way to a public or private premises, including an off-street parking area.

Barrier. A solid and unbroken visual screen, including a masonry fence or solid wood fence which presents a one hundred (100) percent opaque screen. An open chain link fence shall not constitute a barrier.

Berm. Mounding of soil which is planted with living plant material designed as a natural landscape buffer to screen incompatible land uses or to absorb or otherwise reduce nuisance impacts, such as noise, smoke, glare, or other similar impacts.

Grass. Green herbage, commonly referred to as grass, which is commonly grown year round in the Town of Malabar. For the purpose of this section no artificial grass shall be considered living plant material.

Ground Cover. Low growing living plant material or landscaping material.

Hedge. Solid and unbroken visual screen of self-supporting living plant material.

Interior Parking Space. Any parking space which is not adjacent to a required landscape strip.

Landscape Strip. A strip containing trees, barriers, ground cover and/or other plant material as required by this section.

Lawn Grass. Grass areas shall be planted in species normally grown as permanent lawns in the vicinity of the Town of Malabar, Florida. Grass areas may be sodded, plugged, sprigged or seeded except that 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 ninety (90) days from sowing. In areas where a ground cover other than solid sod or grass seed is used, nursegrass seed shall be sown for immediate effect and protection until coverage is otherwise achieved.

Living Plant Material. Grass, ground cover, shrubs, vines and trees.

Shrubs. Self-supporting, woody, evergreen plants smaller than a tree and usually branching from or near the ground.

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.

Trees. Self-supporting, wood perennial plants of species which normally at maturity have a trunk with a diameter of at least three (3) inches measured four and one-half (4½) feet above grade and have an overall height of a minimum of fifteen (15) feet.

A.

Minimum Width. A landscape strip shall be a minimum of ten (10) feet in width.

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

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

B.

Perimeter Landscaping. A landscape strip is required along the entire perimeter of all storage, parking, display, sales or accessory vehicular use areas except along the portion or portions of the perimeter which are entirely screened visually from adjacent property by buildings on the property being improved.

C.

Attachments. It shall be unlawful to attach anything to a tree trunk or stem having a diameter of six (6) inches or more, other than protective wires, braces or other similar noninjurious materials.

D.

Ground Removal. It shall be unlawful to remove any material or ground within a five (5) foot radius of any tree trunk or stem having a diameter of six (6) inches or more, which is necessary for the growth of the tree.

E.

Encroachment of the "Drip Line." During the construction stage of development, the developer shall not cause or allow the cleaning or storage of equipment or material within the "drip line" (see illustration) of any tree or groups of trees to be maintained. Neither shall the developer cause or allow the disposal of waste material such as paint, oil, solvents, asphalt, concrete, mortar or any other material harmful to the life of a tree within the "drip line" of any tree or groups of trees.

add figure page XIV-3

Drip line conforms to outside perimeter of crown of tree.
Not less than 1;inch; × 2;inch; wood uprights minimum 36;inch; spacing and 36;inch; above grade. Rail or cross bracing shall be not less than 1;inch; × 3;inch; material.
24;inch; in ground

ELEVATION

  diameter of tree

diameter of tree

PLAN

PROTECTIVE BARRIER DETAIL

Notes:

1.

Tree(s) to be protected shall be centered within protective barrier (minimum shown above).

2.

Protective barrier shall be enlarged when necessary to enclose all exposed roots.

Table 1-14.6 below presents a tabular summary of the minimum requirements for landscaping and tree planting along public street frontages; within the interior of parking lots; and along the other perimeters of a parking lot. Section 1-14.10 provides additional requirements for interior landscaped areas and non-vehicular use areas.

TABLE 1-14.6

(1) Cross-reference Section 1-14.6

A.

Interior Landscape Requirements. The following regulations in addition to Table 1-14.6 shall govern interior landscaping and plant material.

1.

Size and Composition of Interior Landscaping. All off-street parking areas excepting single family residences shall be landscaped with a minimum of five (5) square feet of landscape area for each one hundred square feet of paved parking area. Each landscape area shall have a minimum dimension of ten (10) feet and shall be a minimum of one hundred (100) square feet in size and contain a minimum of one (1) tree. The balance of said area shall contain grass, ground cover or other living plant material not exceeding two (2) feet in height, except that individual shrubs which do not cause a sight hazard will be permitted to exceed two (2) feet in height. The total number of required trees shall be one (1) tree for each one hundred (100) square feet or fraction thereof of required landscape area.

2.

Use of Interior Landscape Strip. Interior parking landscaping shall, insofar as possible, be used to delineate and guide major traffic movement within the parking area and to prevent cross space driving wherever possible. Landscaping dividing strips with concrete curbing along the outer perimeter and with or without walkways, shall be used to subdivide parking areas. Landscaping shall be designed so no more than ten (10) spaces shall be in an uninterrupted row.

3.

Other Vehicular Use Area Requirements. Landscaped areas shall be required for drives, aisles, standing zones and other vehicular use areas. Landscaping shall be required at a rate of five (5) square feet of landscaping for each one hundred (100) square feet or fraction thereof of paved area.

4.

Landscape Specifications for Non-Vehicular Open Space. All non-vehicular open spaces on any developed site in all zoning districts, except for single-family detached dwellings, shall conform to the minimum landscaping requirements herein provided unless requirements of a stricter nature are specified elsewhere. Non-vehicular open space shall include all required open space in this Code, pursuant to the review of site plans. Such non-vehicular open space areas shall not include water areas. This requirement may be waived by the Building Official for non-vehicular open areas which are inappropriate for the introduction of trees.

Grass, ground cover, shrubs, and other landscaping materials shall be used to treat all ground not covered by building, paving, or other structures. All structures shall be treated with landscaping so as to enhance the appearance of the structure and to screen any detractive or unsightly appearance.

Trees shall be planted in the non-vehicular open space to meet the following requirements:

B.

Waiver Condition. Tree requirements, as specified above, may be waived along property lines where the required landscape strip is contiguous and adjacent to an existing landscape strip which provides a continuous solid screen in compliance with all provisions of this Article. Such a waiver shall be approved only after the impacted adjacent property owner has signed an affidavit of consent. All such approved landscaping, including pre-existing trees and shrubs, shall be maintained in perpetuity and administrative provisions governing perpetual maintenance violations and penalties shall be enforced.

C.

Location of Tree Plantings. Trees, as required above, shall be spaced in clusters or situated in strategic locations consistent with good principles of design and plant installation.

D.

Credit for Existing Trees. Credit shall he granted for trees which are preserved on a site and which meet the tree requirements of any landscaping provision of this Section. Where a tree is of exceptional quality, as determined by the Building Official, a two-tree credit for the preserved tree may be granted. Exceptional quality shall be judged on the basis of such factors as extraordinary size of tree, 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 in declining health.

A.

Alignment of Landscape Strip. The required landscape strip shall be located within the property line and/or building setback as established by the Zoning Code.

B.

Adjustments in Alignment of Landscape Strip. Landscape strips, when required in easements, may be adjusted by the Building Official. A decision on any related issue in dispute shall be resolved by the Town Council.

Any combination of barriers, hedge or landscaped berm shall be planted or installed along the entire length of each required landscape strip. In all residential or commercial districts, the barrier, hedge, or landscape berm shall be a minimum of four (4) feet in height; except in commercial districts, where the barrier, hedge or landscaped berm along street rights-of-way shall be a minimum of three (3) feet in height. In all industrial districts, the barrier, hedge or landscaped berm shall be a minimum of five (5) feet in height. There shall be one (1) shrub for each three and one-half (3.5) lineal feet of nonliving barrier and the shrub(s) shall be planted on the street side along public rights-of-way. All non-living barriers abutting public streets shall be at least eighteen (18) inches inside the property line or within the building setback line, whichever is greater.

A.

Trees. All trees shall be a minimum of eight (8) feet in height with a minimum of six (6) feet of clear trunk space immediately after planting.

Trees shall be of a species having an average mature crown of greater than thirty (30) feet and having trunks which can be maintained with over six (6) feet of clear wood. Trees or palms having an average mature crown spread of less than thirty (30) feet may be substituted by grouping the same so as to create the equivalent of twenty (20) feet crown spread. Such a grouping shall count as one tree toward meeting the tree requirement for any provisions herein. If palms are used, they shall constitute no more than twenty-five (25) percent of the total tree requirements for any provisions herein. No other tree species shall account for more than fifty (50) percent of the total number of trees.

B.

Shrubs and Hedges. Individually planted shrubs shall be a minimum of twenty-four (24) inches in height immediately after planting. Shrubs planted for required hedges shall have minimum heights immediately after planting as follows: two (2) feet for three (3) feet high hedges; two and one-half (2½) feet for four (4) feet high hedges and three (3) feet for five (5) feet high hedges. The Building Official may waive the size and minimum standard specifications if the applicant can demonstrate that current market conditions are such that shrubs and hedges meeting these specifications are not readily available.

Hedges shall reach the required height and form a solid and unbroken visual screen within one year after planting.

C.

Administration of Waiver Provisions. Where buildings or barriers are located on adjacent properties within five (5) feet of areas required to be landscaped, the required landscape strip shall be installed; however, a waiver may be granted for the required barrier.

D.

Lawn Grass. Grass areas shall be planted in species normally grown as permanent lawns in the vicinity of the Town of Malabar, Florida. Grass areas may be sodded, plugged, sprigged or seeded except that 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 ninety (90) days from sowing. In areas where a ground cover other than solid sod or grass seed is used, nursegrass seed shall be sown for immediate effect and protection until coverage is otherwise achieved.

E.

Quality. All plant material shall comply with Section 1-14.14.

F.

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.

G.

Berms. Berms are encouraged for use in meeting the landscape barrier requirements of this Section. If berms are utilized, they shall be landscaped with living plant material to achieve the required heights.

All landscape strips shall be protected from vehicular encroachment by raised curbing.

All landscape strips shall be covered by a living plant material, excepting a mulched area having a radius no larger than three (3) feet from the outside diameter of the fill.

When an accessway intersects a public right-of-way or when the subject property abuts the intersection of two (2) or more public rights-of-way, all landscaping within the triangular area described below in Subsection 1-14.12(A) shall allow unobstructed cross-visibility at a level between thirty (30) inches above the sidewalk grade and six (6) feet above the sidewalk grade. However, trees or palms shall be permitted provided the same are trimmed so as to allow visibility at the levels indicated above, and provided they are located so as not to create a traffic hazard.

A.

Definition of Required Clear Zones.

1.

Clear Zone Adjacent to the Intersection of an Accessway and a Public Right-Of-Way. The triangular 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 line for a distance of fifteen (15) feet in length along the accessway and eight (8) feet in length along the public right-of-way, and the third line connecting the ends of the two sides.

2.

Clear Zone Adjacent to the Intersection of Two or More Intersecting Rights-Of-Way. The area of property located at a corner formed by the intersection of two (2) or more public rights-of-way with two (2) sides of the triangular area being thirty (30) feet in length along the abutting public rights-of-way measured from their point of intersection, and the third side being a line connecting the ends of the other two lines.

A.

Landscape Plan Components. A landscape plan shall be submitted to and approved by the Building Official prior to the issuance of a site plan where applicable or prior to the issuance of building or paving permit where a site plan is not applicable. The landscape plan shall contain the following:

1.

Name, address and phone number of the owner and designer.

2.

North arrow, scale and date—minimum scale one (1) inch = fifty (50) feet.

3.

Property lines, easements and right-of-ways with internal and property line dimensions.

4.

Location of existing or proposed utility service.

5.

Location and size of any existing or proposed structures.

6.

Location and size of any existing or proposed site features, such as earthen mounds, swales, walls, and water areas.

7.

Location and size of any existing or proposed vehicular use areas.

8.

Location and size of any existing or proposed sidewalks, curbs and wheel stops.

9.

Location of sprinkler heads, hose bibs or quick couplers and other information on irrigation.

10.

Calculations of required type, dimensions, and square footage of landscape material and of required landscape areas, including: total site area, parking areas, other vehicular use area, percentage of non-vehicular open space, perimeter and interior landscape strips, required number of trees.

11.

Location of required landscape areas and dimensions.

12.

Location, name, height, and size of all existing plant material to be retained.

13.

Location, size, height, and description of all landscape material including name, quantity, quality, spacing and specified size and specification of all plant material.

14.

Height, width, type, material, and location of all barriers of nonliving material.

15.

Indicate location, dimensions and area of landscaping for freestanding signs.

16.

Show all landscaping, buildings or other improvements on adjacent property within five (5) feet of the common property line.

The landscaping plan shall be drawn by a Landscape Architect or other person with comparable experience in the field of landscaping.

B.

Review and Approval Procedure. Plot plans may be subject to review and approval of such Town Official as may be deemed advisable by the Town Council. The Building Official or other Town representative designated by the Town Council shall inspect all landscaping and no certificate of approval and occupancy shall be issued until the landscaping is completed in accordance with the submitted plot plan and the requirements of this Section. A decision on any related issue in dispute shall be resolved by Town Council which may consider the technical advice of the County Urban Forester.

A.

Plant Quality. All plant materials shall be of a species adaptive to the East Central Florida region and shall conform to standards for "Florida No. 1" or better, as stated in "Grades and Standards for Nursery Plants," Part I (1973) and Part II (1975), State of Florida, Department of Agriculture, as may be amended hereafter. Grass sod shall be clean and reasonably free of noxious pests or diseases.

B.

Installation. Installation of all landscaping shall be in a sound workmanship-like manner according to accepted good planting procedures.

C.

Prohibited Species. Prohibited species of trees shall be those species whose roots are known to cause damage to public roadways or other public improvements. Prohibited trees include the following:

Australian Pine (Casuarina equisetifolia)
(Casuarina lepidophlia)
(Casuarina cumminghamiana)

Chinaberry (Melia azedarch)

Ear Pod (Enterlobium cyclocarpum)

Brazilian pepper (Schinus terebinthifolius)

Melaleuca (Melaleuca leucadendron)

Prohibited trees shall not be used for requirements of this Article.

Maintenance of landscaping shall be the responsibility of the owner, tenant or agent, jointly and severally. Said landscaping shall be maintained in a good condition so as to present a healthy, neat and orderly appearance. All landscaped areas must be equipped with an irrigation system approved by the Building Official. All landscaped areas shall be kept free of weeds, refuse and debris.

If at any time after issuance of a Certificate of Occupancy or other form of approval, the landscaping of a development to which this Article is applicable is found to be in non-conformance, the Building Official shall issue notice to the owner that action is required to comply with this section and shall describe what action is required to comply. The owner, tenant, or agent shall have thirty (30) days to restore the landscaping as required. If the landscaping is not restored within the allotted time, such person shall be in violation of this Ordinance, the punishment for which shall be as provided pursuant to the Town of Malabar Code of Ordinances.

If after due process the land owner fails to comply with the order of the Town, the Town Council may order the Building Official to enter a contract for Town Council approval for purposes of undertaking required maintenance and bill the property owner or lessee for the costs incurred.

A.

Application. An application for waivers to the standards of this ordinance shall be filed with and heard by the Planning and Zoning Board who shall recommend appropriate action to the Town Council. The Town Council shall render the final action. The said application shall:

1.

Be filed on forms provided by the Town Clerk.

2.

State clearly and in detail the waivers requested and reasons therefor.

3.

Be accompanied by sketches, surveys and statistical information.

4.

Be accompanied by an application fee, the amount of which shall be determined by the resolution of the Town Council.

5.

Be executed and sworn to by the owner or authorized agent.

B.

Criteria for Approval. The Town Council after considering the recommendation of the Planning and Zoning Board may approve or grant said variance only if it determines that said waivers are not contrary to the intent of this ordinance and that a literal enforcement of the standards of this ordinance would be impracticable and would result in an unreasonable and unnecessary hardship.