Oviedo City Zoning Code

(A)

Purpose and Intent.

(1)

These regulations are intended to lessen the transmission of noise, dust, and glare and protect the water, air, and other natural resources of the City. The use of existing vegetation to meet these requirements is preferred and strongly encouraged.

(2)

The purpose of these regulations is to ensure efficient water use by establishing minimum standards for landscape and irrigation design, installation and maintenance, recognizing climate, soils, water resources, land use and resource planning of the watersheds, that will aid in improving environmental quality and water use efficiency in the City. Developments shall be designed to reduce water consumption by utilizing one (1) or more of the following:

(a)

The preservation of existing native plant communities;

(b)

The use of site-specific plant materials;

(c)

The use of water efficient irrigation;

(d)

And other applicable best management practices (BMP) as approved by the Land Use Administrator, or designee.

(3)

Create a more sustainable landscape through the implementation of the Florida-Friendly Landscaping™ Program, a statewide program implemented by the University of Florida's Institute of Food and Agricultural Sciences and the Florida Department of Environmental Protection. The Florida-Friendly Landscaping™ Program defines quality landscapes that conserve water, protect the environment, are adaptable to local conditions, and are drought tolerant. The principles of such landscaping include planting the right plant in the right place, efficient watering, appropriate fertilization, mulching, attraction of wildlife, responsible management of yard pests, recycling yard waste, reduction of stormwater runoff, and waterfront protection.

(B)

Exemptions.

(1)

Sports and recreation fields, golf courses, agricultural production, and cemeteries are exempt from the high-water use zone standards, Section 12.7, Florida-Friendly Landscaping™, if a water conservation plan has been approved by the City or under the terms of a consumptive use permit (CUP) issued by the St. Johns River Water Management District (SJRWMD).

(2)

Single-family residential lots shall be exempt from all buffer yard requirements other than the front yard requirements for special corridors as shown in Table 12.4.1.

(3)

Downtown Neighborhood (DN), Downtown Core (DC) and Central Avenue (CA) zones are exempt from buffer yard requirements, except where a property abuts existing single-family or two-family development. A proposed multifamily project of eight (8) units or more, commercial use, or mixed-use project adjacent to existing single-family or two-family development is required to install buffer yard A1. Parking lot buffers are not exempt in these zoning districts.

(A)

Plant Species List.

(1)

The plants listed in the latest edition of the Florida-Friendly Landscaping™ Plant Guide shall be used to meet the requirements of this article. The turf/turfgrass species listed below are also allowed:

(2)

Landscaping for common areas, buffer yards, stormwater management facilities, and vehicular use areas shall use only high and/or medium drought tolerant turf/turfgrass species.

(B)

Prohibited Plant Species. Those plant species which are listed on the Florida Noxious Weed List and the Florida Prohibited Aquatic Plants List as published by the University of Florida Center for Aquatic and Invasive Plants are prohibited and shall not be used to satisfy the requirements of this article.

(C)

Plant Quality. All nursery grown or transplanted plant material shall satisfy the minimum plant quality criteria required to conform to the standards for a Grade Number One (#1) or better as published in "Grades and Standards for Florida Nursery Plants," Department of Agriculture and Consumer Services, Division of Plant Industry, latest edition.

(D)

Trunk Caliper. All trees shall have a minimum trunk caliper measurement of two and one-half (2½) inches measured at six (6) inches above grade at the time of tree installation, except for medium and small multi-stemmed species may have a minimum container size of thirty (30) gallons, with an equivalent cumulative caliper.

(E)

Trees Planted Under Power Lines. Trees planted under a power line shall be medium trees per the Florida-Friendly Landscaping™ Program.

(F)

Water Conserving Landscape. All required landscaping shall consist of water conserving landscape plant material and minimize turf grass as described in the Florida-Friendly Landscaping™ Program.

(A)

For the purposes of this section, large, medium and small trees shall be classified according to the tree classification listed in the latest edition of the Florida-Friendly Landscaping™ Plant Guide.

(B)

Large Trees. In order to enhance the City's tree canopy, new developments and redevelopments are required to provide and or maintain a number of trees on-site. Table 12.3.1 includes the total number of required trees on-site, inclusive of buffer yard trees and landscape island trees. Street trees will count towards the minimum requirement.

(1)

Minimum Lot Tree Requirements. The trees referred to in Table 12.3.1 shall be large trees unless otherwise specified. New and preserved trees count towards the minimum lot tree requirement as specified in the following table:

TABLE 12.3.1: MINIMUM LOT TREE REQUIREMENTS

Notes:

¹

Caliper or DBH, dependent on the size of the tree.

²

Net buildable acres.

³

Zero front setback townhomes are exempt from the requirement, unless there is a backyard where such trees shall be planted. In case of townhomes with front and rear setbacks of five (5) feet, the required number of lot trees may be split according to the following calculation: a minimum of fifty (50) percent of the required number of lot trees shall be planted on the lots and the remaining number of trees shall be planted in the common area.

(2)

Street Trees. For every fifty (50) linear feet of right-of-way adjacent to a parcel, a minimum of one (1) large tree shall be provided by the development order application, within the right-of-way. If prohibited by the jurisdictional authority or in locations where the presence of underground or overhead public utilities makes the installation of such trees impracticable, then medium trees shall be planted as street trees every thirty (30) linear feet of right-of-way or if the medium street trees are impracticable within the right-of-way, said large trees shall be installed on-site, or the applicant shall pay a fee into the City's tree bank equal to the cost of large trees.

(a)

Trees shall be highly drought tolerant according to the latest edition of the Florida-Friendly Landscaping™ Plant Guide.

(b)

The trees shall generally be evenly spaced, although some variation may be allowed, based on topography, soil conditions, drainage features, driveways and other features.

(c)

Street trees shall preferably be located between the street and the pedestrian sidewalk or bicycle path and shall be no closer to the street than allowed by adopted safety standards.

(d)

Structural Soil Cells.

(i)

All street trees that are planted five (5) feet or less to a street, sidewalk, street curb, or utility line shall be planted within an expanded rooting around the tree using structural soil or soil cells (a.k.a. tree pit or tree box) or similar treatment, except: Elm, Crape myrtle, Dahoon holly, Yaupon holly, Japanese blueberry, Pines, Florida maple, Japanese privets, Wax myrtles, or as approved by the Land Use Administrator, or designee.

(ii)

The following trees require a root barrier when planted within six-foot wide planting areas or less: Southern live oak, Shumard oak, Bald cypress, American sycamore, and Sugarberry.

(3)

Setback from Trees. No paving may be placed within ten (10) feet of any existing tree retained that is eighteen (18) inches or more DBH, unless approval has been obtained from the Land Use Administrator, or designee.

(4)

Large Trees in Buffer Areas. Unless otherwise required in this article, large trees shall be installed in landscape buffer areas in accordance with Section 12.5, vehicular use area landscaping and buffer requirements.

(C)

Required Species Mix. When ten (10) or more trees are required to be planted to meet the requirements of this chapter, a mix of tree species shall be provided, at least one (1) of which shall be native to the Central Florida region. The minimum number of species to be planted are indicated below.

TABLE 12.3.2: REQUIRED MIX OF TREE SPECIES

(A)

Landscaped buffer yards shall be required to provide visual relief from building mass and paved areas; to separate different land uses; eliminate or minimize potential nuisances such as dirt, litter, noise, and glare; reduce adverse impacts of noise, odor, or danger from fires; and to assist in reducing air pollution hazard.

(B)

Buffer yards shall be provided for each proposed use as specified in Table 12.4.1.

TABLE 12.4.1: REQUIRED BUFFER YARDS

Notes: 1. The symbol (1) indicates exemption.

(C)

Buffer yards shall be located at the perimeter of the land use and shall not be located in any portion of a public or private right-of-way, unless provided for in a recorded landscape easement.

(D)

Buffer yards shall not be required adjacent to property lines for which the property zoning district designates a zero-foot building setback.

(E)

Under no circumstances should the adjacent property buffer be required in addition to Section 12.5, vehicular use area landscaping and buffer requirements. The greater of the two (2) applies.

(F)

Buffer Yard Composition. Buffer yards may be composed of a brick wall, a fence, landscaped earth berm, planted vegetation, and/or existing vegetation. They may contain joint access driveways, joint parking lots, sidewalks (perpendicular to the buffer yard for access to streets or adjacent properties), lift stations, and pedestrian or bike trails as approved by the Land Use Administrator, or designee. Signs or attention-getting devices may be installed in Type A, Type B and Type C buffer yards subject to the requirements of this Land Development Code. In no event, however, will any of the following uses be permitted in buffer yards: play fields, stables, swimming pools, tennis courts, parking lots (except as specifically provided in this section), equipment storage and other open storage, buildings or overhangs. A maximum of twenty-five (25) percent of the required buffer yard may be used for stormwater retention/detention facilities provided that such facilities are constructed and maintained in strict compliance with all applicable regulatory requirements.

(G)

Buffer Yard Descriptions. The minimum criteria for those buffer yards identified in Table 12.4.1 are described in Table 12.4.2, Buffer Yard Descriptions.

TABLE 12.4.2: BUFFER YARD DESCRIPTIONS

Note: For the purposes of this table, the mature height of small trees could reach a minimum of thirty (30) feet according to the growth height specification for small tree classification in the latest edition of the Florida-Friendly Landscaping™ Plant Guide.

(H)

Buffer Yards Included in Setback Requirements. Buffer yards may be counted toward satisfying zoning district building setbacks, open space requirements and may be used for passive recreation.

(A)

Surface Vehicular Use Area Landscaping. Surface vehicular use areas shall be landscaped according to the following minimum criteria:

(1)

Landscape Buffer for Vehicle Use Areas Adjacent to Rights-of-Way and Property Lines. Buffers may be reduced from the standards established in Table 12.4.1 to seven and one-half (7½) feet with the installation of an opaque wall at a minimum of four (4) feet in height and three (3) small/medium trees every one hundred (100) feet.

(2)

Landscape Island Areas. Landscape islands shall be provided and maintained after every ten (10) parking spaces and as terminal ends to all parking rows. The minimum dimension of any landscaped island area shall be eight (8) feet in width as measured from the back side of any protective curbing, and shall be equal in length to the adjacent parking space. Each landscaped island area shall contain at least one (1) large tree. All other landscaped areas within the vehicle accommodation area shall be subject to the requirements of Section 12.2, general landscaping requirements.

(3)

Central Landscape Strip with Pedestrian Walkway. The parking lot shall be visually and functionally segmented with landscape islands and strips through the use of fully-separated, improved pedestrian walkways.

(a)

Applicability. Surface parking lots containing one hundred (100) or more parking spaces shall be configured in accordance with the following standards.

(b)

Walkways shall be provided, at a minimum, every six (6) parallel parking rows (every three (3) double-row parking bays) or every two hundred (200) feet, whichever is the lesser dimension.

(c)

The central landscape strip with pedestrian walkway shall be a minimum of ten (10) feet wide.

(d)

The walkway constructed of asphalt, cement, or other comparable material shall be a minimum of four (4) feet wide.

(e)

Each landscape strip may include large/medium trees planted with a maximum spacing of not more than forty (40) feet on-center. Each landscape strip shall include low-water use plant material as identified in the latest edition of the Florida-Friendly Landscaping™ Program.

The maintenance of all buffer yards, trees, plantings, and landscape related improvements shall be the responsibility of the property owner or property owners' association, as applicable. Failure to maintain such plantings and related improvements in an attractive and healthy state shall be considered a violation of this LDC. Required buffer yard and shade canopy large trees shall be maintained to facilitate their natural growth characteristics and form, and may be pruned only for the purpose of maintaining vigorous, healthy growth or to provide for the health, safety and welfare of the public. All required landscaping shall be maintained to promote vigorous and healthy growth.

(A)

Design. Site development plans shall be designed to retain and incorporate into the plan as many existing trees as possible. Building and parking lot locations, sizes, and shapes will be altered as feasible in order to preserve existing trees. The water use zones shall be shown on the irrigation, layout, and planting plans.

(1)

Water Use Zones. Installed trees and plant materials shall be grouped together with plants of the same water use needs and climatic requirements into zones. Low-water use plants may be placed in medium and high-water use zones. Medium-water use plants may be placed in high-water use zones. High-water use plants shall not be used in low- or medium-water use zones. Medium-water use plants shall not be used in low-water use zones. The water use zones shall correlate to the draught tolerance designations of plants listed in the latest edition of the Florida-Friendly Landscaping™ Plant Guide as described below. The water use zones shall be graphically shown and their areas quantified in square feet or acres and relative percentages on the irrigation plan. The water use zones are as follows:

(a)

Low-Water Use Zone (L). Low-water use zones shall comprise a minimum of forty (40) percent of the total landscaped area.

(b)

Medium-Water Use Zone (M). Medium-water use zones shall comprise a maximum of forty (40) percent of the total landscaped area except as provided in Subsection (c).

(c)

High-Water Use Zone (H). High-water use zones shall comprise a maximum of twenty (20) percent of the total landscaped area. All portions of high-water use zones shall be provided with central automatic irrigation systems. If the high-water use zone area comprises less than twenty (20) percent of the landscaped area, the applicant can increase the medium-water use zone area to an amount equal to or less than the amount of the low-water use zone area.

(B)

Plant Selection. Plant selection shall be based on the plant's adaptability to the existing conditions present at the landscaped area and native plant communities, particularly considering appropriate hardiness zone, soil type and moisture conditions, light, mature plant size, desired effect, color and texture. Installed trees and vegetation shall be spaced and located to accommodate their mature size on the site. The use of native plants in new landscapes is encouraged.

(C)

Removal of Prohibited Plant Species. All prohibited plant species shall be removed from each site prior to the beginning of construction. For purposes of determining prohibited plant species to remove, refer to the Florida Noxious Weed List and the Florida Prohibited Aquatic Plants List as published by the University of Florida Center for Aquatic and Invasive Plants.

(D)

Turf/Turfgrass. The type and location of turf/turfgrass areas shall be selected in the same manner as with all the other plantings. Permanently irrigated turf/turfgrass areas are considered to be high-water use zones. Irrigated turf/turfgrass areas shall not be treated as a fill-in material but rather as a planned element of the landscape. Turf/turfgrass areas shall be identified on the landscape plans.

(E)

Mulch. A layer of mulch to a minimum depth of two (2) to three (3) inches shall be required in plant beds. Organic mulches are preferred. Gravel, river rock, shell and similar materials may be used as landscape mulch. Mulch rings shall extend to at least three (3) feet around freestanding trees and shrubs. Mulches shall be kept at least twelve (12) inches away from any portion of a building or structure and six (6) inches away from stems of plants or trunks of trees. Plastic sheeting and other impervious materials shall not be used under mulched areas. Rubber mulch and similar non-natural materials are prohibited.

(F)

Irrigation. The irrigation system shall be designed to correlate to the organization of plants into zones as described above according to the specifications described in Article XVI, Section 16.6, landscape irrigation.

(G)

Artificial Turf. The use of artificial turf is allowed, provided a permit is obtained, and the artificial turf complies with all regulations of this section:

(1)

Installation. Installation shall meet, at minimum, the manufacturer's specifications and may also need to comply with additional City stormwater regulations.

(2)

Location. Artificial turf can be installed on single-family residential properties, private parks, schools, and commercial sites, as well as in play areas of public parks and institutions, subject to this section's requirements. However, installation is prohibited within public and private rights-of-way and within fifty (50) feet of any artificial or natural water bodies.

(3)

Open Space. Artificial turf is considered an impervious surface because the Landscape Code's goal is to use Florida-Friendly Landscaping™ in pervious areas. Therefore, artificial turf areas may not count towards the minimum open space requirement.

(4)

Appearance. Artificial turf should appear natural in both color and texture when viewed from any public or private rights-of-way, neighboring properties, or natural features (e.g., wetlands, lakes, parks). The use of indoor/outdoor plastic or nylon carpeting as a substitute for artificial turf is prohibited.

(5)

Maintenance. Artificial turf shall be kept in good condition, free of fading, dirt, mud, stains, weeds, debris, tears, holes, and impressions. Maintenance tasks include cleaning, brushing, removing debris, repairing depressions or ruts to keep the surface level, eliminating odors, flattening matted areas, and controlling weeds and invasive roots. All edges of the turf shall remain secured with appropriate edging or stakes.

(A)

Planting along Water Bodies Required. Development sites abutting surface water bodies or wetlands shall be planted with appropriate aquatic plantings, as shown in the Preferred Aquatic Plant List, along at least seventy-five (75) percent of the littoral zone or as required by the City Engineer or by the Florida Department of Environmental Protection. Lake edge landscaping shall not include wet detention areas unless determined as such by the City.

(B)

Preferred Aquatic Plant List. Lake edge landscape species selection shall be from Table 12.8.1: Preferred Aquatic Plant List below or as approved by the City.

TABLE 12.8.1: PREFERRED AQUATIC PLANT LIST

(C)

Wetlands. Additional lake edge landscaping shall not be required when adjacent wetlands are preserved in their natural state.