The purpose of this article is to improve the appearance of certain setback and yard areas, including off-street vehicular parking and open-lot sales and service areas, and to protect and preserve the appearance, character and value of the surrounding neighborhoods and thereby promote the general welfare by providing for installation and maintenance of landscaping for screening and aesthetic qualities, since the city commission finds that the individualistic characteristics and qualities of the city justify regulations to perpetuate its aesthetic appeal.

Buffer means a landscape area which may include walls, fences, berms, trees, shrubs, hedges, ground cover and other plant material.

Ground cover means plants or species which normally reach an average height of twenty-four (24) inches upon maturity, installed in such a manner as to form a continuous cover over the ground. Sod shall not be considered ground cover.

Hedge means a row of closely-planted shrubs or other vegetative screening forming a boundary or restrictive barrier of a height of twenty-four (24) inches or more at planting which will be forty-two (42) inches in height and opaque within one (1) year thereafter.

Landscaping means any combination of living plants such as grass, ground cover, shrubs, vines, hedges, or trees, and non-living landscape material such as rocks, pebbles, sand, mulch, and decorative paving material.

Landscape plan means a plan prepared in accordance with professional standards that meets the requirements set forth in this section.

Mulch means non-living, organic or synthetic materials used in landscape design to retard erosion and retain moisture.

Native vegetation means any plant species with a geographic distribution indigenous to the western Palm Beach County area.

Parking area means all property used for off-street parking, vehicular aisles and accessways, loading zones, interior and perimeter Landscaping, and other outdoor vehicular use areas.

Shade tree means a hardwood tree that locally reaches a minimum of twenty-five (25) feet at maturity, and provides relief from direct sunlight for at least six (6) months of the year.

Shrub means any woody perennial plant of low height, characterized by multiple stems and branches continuous from the base. Shrubs shall be a minimum of twenty-four (24) inches in height and have a minimum twelve (12) inch spread or be a three (3) gallon container size at planting.

Tree means any self supporting woody plant which locally grows to an overall height of fifteen (15) feet or greater with a minimum mature crown spread of ten (10) feet or greater and which has a trunk which can be maintained with over five (5) feet of clear wood.

Vine means any ornamental plant requiring physical support to grow upwards.

Xeriscape landscape means a set of design and maintenance principles which promote good horticultural practice and the economic and efficient use of water.

(a)

Single family and two-family dwellings.

(b)

Parking areas located entirely within a structure.

(c)

Agricultural production activities.

(d)

Existing development that does not entail a substantial change in land use.

(e)

Uses which have planting requirements regulated by Federal or State law.

(a)

Open space at new multi-family and commercial buildings.

(b)

All off-street parking areas used for the display or parking of any and all types of vehicles, boats or heavy construction equipment, whether such vehicles, boats or equipment are self-propelled or not, and all land upon which vehicles traverse the property as a function of the primary use, hereinafter referred to as "other vehicular uses," including but not limited to filling stations, grocery and dairy stores, banks, restaurants, and the like, shall conform to the minimum landscaping requirements hereinafter provided.

Prior to the issuance of any building permit which involves a multi-family building, commercial building or paving , a site plan shall be submitted to and approved by the building official, and subject to review by other committees or boards as may be appropriate. The site plan shall be drawn no less than 1:20, including dimensions and distances, and clearly delineate the existing and proposed parking spaces, or other vehicular use areas, access aisles, driveways, sprinklers or water outlet locations, and the location, size and description of all landscape materials, the location and size of buildings, if any, to be served, and shall designate by name and location the plant material to be installed or, if existing, to be used, in accordance with the requirements hereof. No permit shall be issued for such building or paving unless such site plan complies with the provisions hereof.

No certificate of use and occupancy shall be issued until the landscaping is complete and it shall be unlawful to occupy the premises unless the landscaping is installed in accordance with the approved site plans and the requirements hereof.

(a)

General. Landscape design which uses trees and plants pursuant to this section shall be planted in soil and conditions which are appropriate for their growth habits, appropriate for the ecological setting in which they are to be planted, have non-invasive growth habits, encourage low maintenance and high quality landscape design, be commercially available, and be otherwise consistent with the purpose and intent of this section. Existing native plants shall be used as a reference to the species that should be installed on a site.

(b)

Use of existing plant material. In instances where acceptable healthy plant material exists on a site prior to its development, in part or in whole, for purposes of off-street parking or other vehicular use area, and commercial building open space, the main street design committee may allow credit for such plant materials, if, in his opinion, such an adjustment is in keeping with, and will preserve the intent of this chapter.

(c)

Use of native plant material. Native, well adapted drought resistant plant species are required. At least fifty (50) percent of all installed material must be native or drought tolerant as listed in the most recent edition of the South Florida Water Management District's "Xeriscape Plant Guide" or other industry recognized publication. No material listed as a prohibited plant species shall be acceptable for meeting this requirement.

(d)

Installation. All landscaping shall be installed in a sound workmanlike manner and according to accepted good planting practices with the quality of plant materials as hereinafter described.

(e)

Quality. Plant materials used in conformance with the provisions of this article shall conform to the minimum standards for Florida No. 1, as given in the most current edition of "Grades and Standards for Nursery Plants" Parts 1 and 11, prepared by the State of Florida, Department of Agriculture and Consumer Services, Tallahassee. Sod shall be clean and reasonably free of weeds and noxious pests or diseases. Grass seed shall be delivered to the job site in bags with Florida Department of Agriculture tags attached indicating the seed grower's compliance with the department's quality control program.

(f)

Trees.

(1)

Trees shall be species having an average mature spread of crown greater than ten (10) feet and having trunk(s) which can be maintained in a clean condition over five (5) feet of clear wood. Trees having an average mature spread of crown less than ten (10) feet may be substituted by grouping the same so as to create the equivalent of a ten (10) foot crown spread.

(2)

Trees shall be a minimum of ten (10) feet over all height. immediately after planting. Trees of species whose roots are known to cause damage to public roadways or other public works shall not be planted closer than twelve (12) feet to such public works, unless the tree root system is completely contained within a barrier for which the minimum interior containing dimensions shall be five (5) feet square and five (5) feet deep, and for which the construction requirements shall be four (4) inch thick concrete reinforced with #6 road mesh (6X6X6) or equivalent.

(3)

Slash pines. Preserved slash pines may count as one (1) required tree when a minimum of sixteen (16) feet in height.

(4)

Interior planting. A minimum of seventy-five (75) percent of all trees that are required in the interior of vehicular use areas shall be shade trees.

(5)

Safe sight triangles. Trees located in required safe sight triangles shall have, at installation a minimum of eight (8) feet of clear trunk.

(6)

Utilities. Trees that are to be planted within any easement with overhead utilities shall be consistent with FP&L's suggested tree list "Plant the Right Tree in the Right Place," taking into consideration the mature height and spread of the species beneath or adjacent to existing overhead utilities. Where overhead utilities exist, trees shall be maintained so that the mature canopy is a minimum of ten (10) feet from overhead lines.

(7)

Tree protection. Trees to be preserved shall be protected from damage during the construction process.

(g)

Palms.

(1)

Palms shall have a minimum of eight (8) feet of clear trunk or twelve (12) feet in overall height at the time of installation. Preserved native palms with a minimum four (4) feet of clear trunk located within the interior of the site may be counted as one (1) required interior tree.

(h)

Shrubs and hedges. Shrubs shall be a minimum of two (2) feet in height when measured immediately after planting, spaced at a maximum of twenty-four (24) inches on center. Hedges, where required, shall be a minimum of two (2) feet when planted and maintained so as to form a continuous, unbroken, solid, visual screen, with a minimum of forty-two (42) inches in height within a maximum of one (1) year after time of planting. Ornamental grasses may be used to satisfy the requirements of this section.

(1)

Dwarf hedges and shrubs a minimum of eighteen (18) inches in height, may be installed in parking lot terminal islands, or safe sight triangles where clear visibility is required for vehicular circulation. These hedges and shrubs shall be maintained at a maximum of thirty (30) inches in height.

(i)

Ground covers. Ground covers shall provide a minimum of fifty (50) percent coverage immediately upon planting and one hundred (100) percent coverage within (1) year. Sand, gravel, and shellrock, shall not be considered appropriate ground covers.

(j)

Lawn grass. Because of their drought resistant characteristics, St. Augustine or Floratam grass species is recommended. Grass areas may be sodded, plugged, sprigged or seeded except that solid sod shall be used in swales or other areas subject to erosion, and provided that in areas where other than solid sod or grass seed is used, nurse grass seed shall sown for immediate effect and protection until coverage is otherwise achieved.

(k)

Artificial plants. No artificial plants or vegetation shall be used to meet any standards of this section.

(l)

Prohibited plant species:

(m)

Earth berms. Earth berms may be used as non-living landscape barriers only when installed in conjunction with plant materials. The slope of a berm shall not exceed three-to-one (3:1), and shall be minimum size of 2-5' X 2-5' (average). In areas where existing vegetation has been preserved, berms shall be located so that they do not negatively impact preserved trees and vegetation.

The owner, tenant and their agent, if any, shall be jointly and severally responsible for the maintenance of all landscaping, which shall be maintained in good condition so as to present a healthy, neat and orderly appearance and shall be kept free from refuse and debris. All landscaped areas shall be provided with a readily available water supply with at least one (1) outlet located within one hundred (100) feet of all plant material to be maintained.

Landscaping which becomes damaged or diseased, or is dead shall be replaced within thirty (30) days of notice to comply with the approved landscape plan.

(a)

Buildings less than four (4) stories in height when set back from the property line shall provide landscaped open space along the front of the building site of not less than five (5) feet and a landscaped open space along the side street of the building not less than three (3) feet.

(b)

Buildings four (4) or more stories in height shall provide landscaped open space of not less than ten (10) percent of the area of the building site. Such landscaped area shall not be less in width or depth than ten (10) feet.

(c)

All such landscaped open space shall be landscaped with trees, shrubbery, hedges, and other acceptable landscaped material. One (1) tree shall be provided for each one hundred (100) square feet of open space. No more than twenty-five (25) percent of the required landscape area may be grassed, the balance is to be landscaped in shrubs and ground covers.

On the site of a building or open lot use providing an off-street parking area or other vehicular use area where such area will not be entirely screened visually by an intervening building or structure from any abutting right-of-way, excluding dedicated alleys, there shall be provided landscaping between such area and such right-of-way as follows:

(1)

A strip of land at least ten (10) feet in depth located between the abutting right-of-way and the off-street parking area or other vehicular use area which is exposed to an abutting right-of-way shall be landscaped, such landscaping to include:

a.

One (1) tree for every fifty (50) lineal feet or fraction thereof. Such trees shall be located between the abutting right-of-way and off-street parking area or other vehicular use areas and shall be planted in planting area of at least twenty-five (25) square feet with a dimension of at least five (5) feet. Group trees where possible to prevent a line of trees.

b.

A hedge, wall, or other durable landscape barrier of at least two (2) feet in height, shall be placed along only the perimeter of such landscaped strip. If such durable barrier is of non-living material, for every ten (10) feet thereof, one (1) shrub or vine shall be planted abutting such barrier, but need not be spaced ten (10) feet apart. Such shrubs or vines shall be planted along the street side of such barrier unless they are of sufficient height at the time of planting to be readily visible over the top of such a barrier.

c.

The remainder of the required landscaped areas shall be landscaped with grass, ground cover, or other landscape treatment excluding paving.

(2)

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 at least grass or other ground cover.

(3)

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.

(a)

On the site of a building, structure or open lot use providing an off-street parking area or other vehicular use area where such areas will not be entirely screened visually by an intervening building or structure from abutting property, that portion of such area not so screened shall be provided with a five (5) foot landscape area containing a wall, hedge or other durable landscape barrier not greater than eight (8) feet in height nor less than three and one-half (3 ½) feet in height to form a continuous screen between the off-street parking area or other vehicular use area and such abutting property.

Such landscape barrier shall be located between the common lot line and the off-street parking area or other vehicular use area exposed to the abutting property so that the purpose of screening the off-street parking area and other vehicular use areas is accomplished. If such barrier consists of all or part plant materials, such plant materials shall be planted in a planting strip of not less than two and one-half (2 ½) feet in width.

(b)

In addition, one (1) tree shall be provided for every seventy-five (75) lineal feet of such landscape barrier or fractional part thereof. Such trees shall be located between the common lot line and the off-street parking area or other vehicular use area. Such trees shall be planted in at least twenty-five (25) square feet of planting area with a minimum dimension of at least five (5) feet. Each such planting area shall be landscaped with grass, ground cover or other landscaped material, excluding paving, in addition to the required tree. Group trees where possible to avoid a line of trees.

(c)

The provisions of this section shall not be applicable in the following situations:

(1)

When a property line abuts a dedicated alley or to those portions of the property that are opposite a building or other structure located on the abutting property.

(2)

Where a proposed parking area or other vehicular use area abuts an existing hedge, wall or other durable landscape barrier on an abutting property, said existing barrier may be used to satisfy the landscape barrier requirements of this section, provided that the existing barrier meets all applicable standards of this article, and protection against vehicular encroachment is provided for hedges.

(3)

Where the abutting property is zoned or used for nonresidential uses, only the tree provision with its planting area as prescribed in this section shall be required; however, the number of trees may be reduced to one (1) tree for every one hundred twenty-five (125) lineal feet or fraction thereof, but all perimeter requirements shall apply within the front setback area.

(Note: See Exhibit "A")

(a)

(1)

Off-street parking areas shall have at least ten (10) square feet of interior landscaping for each parking space excluding those spaces abutting a perimeter for which landscaping is required by other sections hereof and excluding all parking spaces which are directly served by an aisle abutting and running parallel to such a perimeter. In addition, other vehicular use areas shall have one (1) square foot of landscape area for every one hundred (100) square feet or fraction thereof of paved area for the first fifty thousand (50,000) square feet, excluding the first five thousand (5,000) square feet of paved area, plus one (1) square foot of landscape area for every two hundred (200) square feet or fraction thereof of paved area for all paved area over fifty thousand (50,000) square feet.

(2)

In areas zoned for industrial use, these requirements shall be reduced by fifty (50) percent.

(3)

Where the property contains both parking areas and other vehicular use areas, the two (2) types of areas may be separated for the purpose of determining the other vehicular use area by first multiplying the total number of parking spaces by four hundred (400) and subtracting the resulting figure from the total square footage of the paved area. Each separate landscaped area shall contain a minimum of fifty (50) square feet and shall have a minimum dimension of at least five (5) feet and shall include at least one (1) tree having a clear trunk of at least five (5) feet with the remaining area adequately landscaped with shrubs, ground cover or other authorized landscaping material not to exceed three (3) feet in height.

(b)

The total number of trees shall not be less than one (1) for every one hundred (100) square feet or fraction thereof of required interior landscaped area. Such landscaped areas shall be located in such a manner as to divide and break up the expanse of paving.

(c)

In other vehicular use areas where the strict application of this section will seriously limit the function of the area, the required landscaping may be located near the perimeter of the paved area, including such perimeters which may be adjacent to a building on the site. Such required interior landscaping which is relocated as herein provided shall be in addition to the perimeter landscaping requirements.

(d)

The front of a vehicle may encroach upon any interior landscaped area when said area is at least three and one-half (3 ½) feet in depth per abutting parking space and protected by wheel stops or curbing. Two (2) feet of said landscaped area may be part of required depth of each abutting parking space.

(Note: See Exhibit "A")

When an accessway intersects a public right-of-way or where the subject property abuts the intersection of two (2) or more public rights-of-way, all landscaping within the triangular areas described below shall provide unobstructed cross-visibility at a level between three (3) feet and six (6) feet, provided however, trees or palms having limbs and foliage trimmed in such a manner that no limbs or foliage extend into the cross-visibility area shall be allowed, provided they are so located so as not to create a traffic hazard. Landscaping except required grass or ground cover shall not be located closer than three (3) feet from the edge of any accessway pavement. The triangular areas above referred to are:

(1)

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 with two (2) sides of each triangle being twenty-five (25) feet in length from the point of intersection and the third side being a line connecting the ends of the two (2) other sides.

(2)

The triangular 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 right-of-way lines, measured from their point of intersection, and the third side being a line connecting the ends of the two (2) other sides.

(a)

The city manager, upon receipt of an application for adjustments of the landscaping requirements provided by this article, shall have the authority and duty to consider and act upon such application. The city manager shall act as expeditiously as possible on the application, and shall issue a concise statement of action taken.

(b)

Major changes must receive variance approval by the zoning adjustment and planning board. The board may approve, modify or deny the requested adjustment, but shall approve or modify only if it determines that approval of any adjustment would not be contrary to the public interest and would be in keeping with and would preserve the intent of this article, and that literal enforcement would result in unreasonable and unnecessary hardship. The applicant shall, in the application, clearly and in detail state what adjustments are warranted, and shall accompany the application with such supplementary data, such as sketches, surveys and statistical information as is deemed necessary to substantiate the adjustment.

Failure to comply with the requirements of this section or any permit or approval granted or authorized hereunder shall constitute a violation of this section.

(1)

Fines. Violation of the provisions of this section shall be punishable by:

a.

Such fines and site improvements as are required by the code enforcement board.

b.

Replacement of landscape material which has been damaged, or otherwise rendered unable to achieve its natural and intended form.

(2)

Violations. The following deficiencies shall be considered a separate and continuing violation of this section:

a.

Each tree or shrub which is not properly installed or properly maintained on site as required by this section; and

b.

Each day in which landscaping is not properly installed or properly maintained on site as required by this section.