The purpose of this article is to provide minimum buffering and screening requirements which:

(a)

Reduce adverse impacts between uses and zones;

(b)

Buffer intensive land uses from less intensive land uses; and

(c)

Protect the public health, safety and general welfare by:

(1)

Minimizing noise, air, dust and visual pollution;

(2)

Reducing the heat and glare absorbed and radiated by development;

(3)

Preserving property values and the character of neighborhoods;

(4)

Helping to control soil erosion and stormwater runoff; and

(5)

Improving the aesthetic appeal of the city.

(Ord. No. 05-33, § I, 6-23-2005)

For purposes of the administration and enforcement of this article and unless otherwise stated, the following definitions shall apply (the present tense shall include future tense, the plural shall include the singular, and the word "shall" is mandatory, not discretionary):

Berm means a mound of earth between two and six feet high used to buffer or screen a land use.

Central business district (CBD) means areas zoned DB (downtown business) and DR (downtown riverfront) on the Official Zoning Atlas of Palatka, Florida.

Deciduous means a plant with foliage that drops or dies at the end of a growing season.

Evergreen means a plant with foliage that remains green year-round.

Ground cover means grasses or other plants grown to keep soil from being blown or washed away.

Mulch means a layer of wood chips, pine straw, hay or other material placed on the surface of the soil around plants to retain moisture, prevent weeds from growing, hold soil in place and aid in plant growth.

Ornamental grass means a grass planted primarily for its ornamental value or for screening purposes.

Redevelopment means the demolition and rebuilding or expansion of 50 percent or more of a site's physical development (i.e., square footage of buildings).

Shrub means a woody plant, smaller than a tree, consisting of several small stems from the ground or small branches near the ground.

Tree means a usually tall, woody plant, distinguished from a shrub by having comparatively greater height and, characteristically, defined as:

(1)

Canopy (large maturing) — Single trunk whose height is greater than 35 feet at maturity; or

(2)

Understory (small maturing) — Single trunk or multi-stem whose height is less than 35 feet at maturity.

Undisturbed vegetation means natural vegetation in a generally untouched, maintenance free, self-perpetuating stand comprised of indigenous trees, shrubs, herbs, flowers or grasses.

Utility easement means the right-of-way acquired by a utility or governmental agency or private agency to locate utilities, including all types of pipelines, telephone and electric cables.

(Ord. No. 05-33, § I, 6-23-2005)

This article shall apply to projects meeting at least one of the following criteria:

(a)

All appropriately-zoned lots existing on the date of adoption of this article requiring a building permit and proposed for development shall conform to this article as follows (for the provisions of this paragraph, commencement of development shall be defined as the date of the initial issuance of the building permit excluding extensions):

(1)

Certificate of occupancy issued within 12 months of adoption of this article: 50 percent compliance.

(2)

Certificate of occupancy issued after 12 months but within 18 months of adoption of this article: 75 percent compliance.

(3)

Certificate of occupancy issued after 18 months of adoption of this article: 100 percent compliance.

This criterion does not apply to fences, only to the quantity of plantings and the width of the buffer.

(b)

A change in land use or zoning shall be subject to this article. For purposes of this article, a change in land use or zoning shall include any of the following:

(1)

A future land use amendment;

(2)

A rezoning; or

(3)

A conditional use.

This criterion does not apply to a change of occupancy or use where such change is permitted within the subject zoning designation without any additional consideration or process.

(c)

Additions or expansions to existing uses shall be governed as follows:

(1)

On sites two acres or smaller, additions or expansions greater than 5,000 square feet shall be subject to this article. This includes additions cumulatively totaling more than 5,000 square feet following the adoption of this article.

(2)

On sites greater than two acres, additions or expansions greater than 10,000 square feet to an existing structure shall be subject to this article. This includes additions cumulatively totaling more than 10,000 square feet following the adoption of this article.

(3)

Additions or expansions less than 100 feet from any property line shall provide the required buffer on the encroached upon property line(s).

(4)

Additions or expansions more than 100 feet from any property line shall be exempt, except on property lines that abut parcels zoned R-1AA, R-1A, R-1, or R-2.

(5)

Buffers shall extend between building lines.

(d)

For purposes of clearing or grading, the owner shall be required to follow at a minimum the standards set forth herein and the standards of stabilization as set forth by the public works director and other appropriate authorities. The installation of buffers shall not be required until a certificate of occupancy is requested for the developed parcels and at that time only the buffer for each developed parcel should be required. This shall ensure that the proper buffer is established for each use as well as provide for the appropriate timing of installation.

(e)

Redevelopment of a site, as defined in this article, shall be subject to this article and shall additionally include any subsequent redevelopment cumulatively totaling more than a 50 percent expansion following the adoption of the article.

(f)

In instances where a property owner or his agent is in possession of multiple contiguous undeveloped lots or parcels with differing zoning, or in instances where a single undeveloped lot or parcel includes multiple zoning designations, then the property owner may exclude the required buffers separating these differing zonings until such time as development is commenced, the contiguous use is initiated, or until a certificate of occupancy is requested for the adjacent undeveloped lot or parcel or portion of a lot or parcel with differing zoning designations. In instances where a contiguous lot or parcel with differing zoning, or where a portion of a lot or parcel with differing zoning, is sold by a property owner and the required buffer has not been previously installed, then the required buffer shall immediately be required to be installed by the property owner. In no instance shall this exclusion be used by a property owner to intentionally avoid the installation of a required buffer and, further, the zoning administrator reserves the right to require the installation of buffers where in his opinion a property owner is attempting to intentionally avoid the installation of the required buffers.

(Ord. No. 05-33, § I, 6-23-2005)

_____

To determine the type of buffer required between two adjacent parcels, refer to the table of buffer requirements and cross-reference the zoning of the parcel proposed for development, redevelopment, or expansion with the zoning district of the adjacent parcel, regardless of whether it is developed or vacant, except as provided in section 94-302(f). The standards provided are minimum requirements and may be exceeded if so desired, except for fence heights, which shall require approval of the board of zoning appeals to be exceeded.

Table 94-303. TABLE OF BUFFER REQUIREMENTS

Note: Areas zoned DB and DR are exempt from installing a buffer because of the CBD exemption.

— = Buffer not required

(Ord. No. 05-33, § I, 6-23-2005)

The applicant may choose the option to be used within the required category. Plant species selected by the applicant shall be from approved lists maintained by the St. John's River Water Management District for the Waterwise Landscaping program and shall otherwise conform to the provisions of this article.

Table 94-304A. CATEGORY A

Table 94-304B. CATEGORY B

Table 94-304C. CATEGORY C

Table 94-304D. CATEGORY D

Berms shall have a maximum slope of 3:1, a minimum crown width of two feet, and shall be planted with vegetative ground cover to prevent erosion.

Fence installation shall be consistent with acceptable building practices.

(Ord. No. 05-33, § I, 6-23-2005)

The portion(s) of a parcel proposed for development, redevelopment, or expansion abutting on a public street or highway right-of-way shall be buffered as per Table 94-305.

Buffers may be planted within the public right-of-way and utility easements if the public works director concludes that such plantings will not be impacted by utilities, roadway expansions, or traffic flow considerations. Planting within the right-of-way and utility easements may account for no more than 25 percent of the total landscape requirement. Parcels zoned R-1AA, R-1A, R-1, and R-2 are exempt from this requirement.

Table 94-305. TABLE OF STREET FRONTAGE BUFFERS

Berms shall have a maximum slope of 3:1, a minimum crown width of two feet, and shall be planted with vegetative ground cover to prevent erosion.

Fence installation shall be consistent with acceptable building practices.

(Ord. No. 05-33, § I, 6-23-2005)

_____

Buffers shall be located along the perimeter of a lot or parcel, and may be located within the public right-of-way or utility easement as provided for in section 94-305. If fencing is required, or desired, it shall be located at the property line. A fence shall be erected so the best aesthetic surface faces the adjacent property.

Buffers may be located within the front, rear and side yard required by the zoning ordinance.

(Ord. No. 05-33, § I, 6-23-2005)

(a)

General requirements. All plant material shall meet American Association of Nurserymen Standards. Plantings shall conform to the following specifications, as applicable:

(1)

Ground cover of vegetative matter shall be provided throughout the buffer area except in undisturbed natural vegetation areas. If grass is used, it shall be of a species normally grown as permanent lawns in the vicinity of Palatka, Florida. Grass areas may be sodded, plugged, sprigged or seeded.

(2)

Canopy tree species shall be a minimum of eight feet in height and have a caliper of at least two inches immediately after planting. Species shall have an average mature crown spread of at least 25 feet when grown in Palatka, Florida. No canopy trees shall be planted within 20 feet of overhead wires.

(3)

Understory tree species shall be a minimum of five feet in height and have a caliper of at least 1½ inches immediately after planting. Species used shall have an average mature crown spread of at least 15 feet when grown in Palatka, Florida.

(4)

Shrubs and ornamental grasses shall be a minimum of 12 inches in height when measured immediately after planting.

(5)

Shrubs or ornamental grasses planted to form hedges shall be an evergreen species and a minimum of 18 inches in height when measured immediately after planting. Shrubs and ornamental grasses planted to form hedges shall be planted no further apart than 30 inches on center.

(6)

All plantings that die or are destroyed within two years must be replaced.

(b)

Specific requirements.

(1)

Placement, installation and irrigation.

a.

To achieve a more natural appearance, plantings should not be evenly spaced or planted in a straight line. Plantings shall be distributed throughout the length of the buffer.

b.

Plantings shall be installed to current nursery industry standards. Plant materials shall be properly supported to ensure survival. Support devices such as guy wires or stakes shall not interfere with vehicular or pedestrian movement and shall be removed after 12 months.

c.

The buffer shall provide for the placement of topsoil of a depth sufficient to ensure plant survival.

d.

To ensure that plants will survive the critical establishment period when they are most vulnerable due to lack of watering, all buffer areas should be provided with means of providing water with one of the following two options:

1.

A permanent built-in irrigation system; or

2.

A temporary watering system (hoses, water tank truck, etc.) which provides sufficient water to ensure that selected plant species can survive adequately on their own once established.

(2)

Existing vegetation. Preservation of existing stands of natural vegetation and mature trees is a highly desirable aspect of site development and encouraged whenever and wherever existing vegetation will aid in meeting the requirements of this article.

a.

As noted in the buffer category schedule, undisturbed natural vegetation can serve as an adequate buffer and can eliminate the need for any supplemental vegetation within the buffer areas. All such areas must be adequately protected during site development and construction activity.

b.

Mature trees are valuable community assets and should be saved whenever possible. If existing trees (hardwoods or pines) at least eight inches in diameter (measured four feet above the ground) are used in the buffer or landscaped area, each tree will count double toward meeting the buffer tree requirement.

(3)

Protection. All required buffer areas, particularly those including trees and shrubs, should be protected from potential damage by adjacent uses and development, including parking and storage areas. A tree protection device shall be installed at the dripline of the tree canopy to protect the tree and root zone.

(Ord. No. 05-33, § I, 6-23-2005)

The property owner or his/her agent is responsible for the installation and reasonable maintenance of the buffer area. Succeeding owners, lessees, and agents must also reasonably maintain the buffers. The penalty for failing to install or maintain the required buffer areas is outlined in the administration and enforcement section of this article, except that in R-1AA, R-1A, R-1, and R-2 zoning districts, maintenance of any buffer shall be at the discretion of the individual homeowner following installation of any buffer during initial development of the site.

(Ord. No. 05-33, § I, 6-23-2005)

Required buffers shall be installed in accordance with the following schedule:

(1)

New development, redevelopment, or expansions: Dimensions, category and option of buffer installation shall be submitted to the building department prior to the issuance of a certificate of occupancy.

(2)

Change in land use or zoning: site plans submitted with the future land use amendment, rezoning, or conditional use application shall depict the location, dimensions, category, and option of required buffers and buffer installation and shall be submitted to the building department as part of the application submittal for the requested change in land use or zoning. No change in land use or zoning may be heard by the planning board without the submittal of site plans addressing required buffers as provided in this article.

(3)

Where a buffer includes new plantings, a property owner or developer may submit an affidavit requesting a postponement in planting to allow for installation to occur at a time which better coincides with the normal planting season, generally between November 1 and March 30 of each year.

(Ord. No. 05-33, § I, 6-23-2005)

(a)

Central business district. Because of the unique urban character of the central business district (CBD), the buffering requirements of this article shall not apply to properties located within the CBD zoned DB (downtown business) or DR (downtown riverfront). However, properties in the CBD shall be subject to the "screening required for parking lots" and "screening required for trash areas, dumpsters, and outdoor storage areas visible from any public street or from residential uses and zones" portions of this article.

(b)

All other development including all city- and government-owned property, school district property, etc. shall comply.

(c)

Modifications to the standards of this article may be granted in writing within ten working days by the zoning administrator if any of the following circumstances exist on the proposed building site, or adjacent properties:

(1)

Natural land characteristics, such as topography or existing vegetation on the proposed building site, would achieve the same intent of this article.

(2)

Innovative buffering or architectural design is employed on the building site to achieve an equivalent screening or buffering effect.

The developer shall submit sufficient documentation in support of the request for modification to the zoning administrator a minimum of 60 days in advance of requesting issuance of a site development permit.

(Ord. No. 05-33, § I, 6-23-2005)

Trash areas, dumpsters and outdoor storage areas visible from any public street or from residential uses and zones shall be screened with plants, opaque fencing, or masonry walls on three sides in such a manner as to provide a minimum of six feet, but no more than eight feet, of vertical visual obstruction. This section shall not apply to parcels zoned R-1AA, R-1A, R-1, and R-2.

(Ord. No. 05-33, § I, 6-23-2005)

The board of zoning appeals may hear requests for variances from provisions of this article in accordance with the procedures set forth in division 2 of article II of chapter 94.

(Ord. No. 05-33, § I, 6-23-2005)

(a)

Administration. In projects involving issuance of a building permit or certificate of occupancy, the planning director shall receive an affidavit executed by the property owner or developer acknowledging the completion of, or commitment of completing by a certain date, the buffer installation prior to issuance of the certificate of occupancy.

In instances where the buffer installation has not taken place prior to issuance of the certificate of occupancy, then a performance bond or other acceptable surety in an amount equal to 110 percent of the value of the buffer, as determined by the planning director, and its installation shall be posted with the building and zoning department. This performance bond or other acceptable surety shall remain in full effect until the required improvements are installed, inspected, and approved for release by the planning director or his designee.

(b)

Appeals. The board of zoning appeals may hear requests for appeals in accordance with the procedures set forth in section 94-65 of this chapter.

(c)

Enforcement. It shall be unlawful for any person to violate or fail to comply with any provision of this article. Violators shall be subject to the penalties as set forth herein. A violation of this article shall constitute a Class II offense as listed in the city's uniform fine schedule, with multiple violations carrying a fine not to exceed $500.00. Additionally, provisions of this article may be enforced by the code enforcement board following the procedures listed in article V of chapter 2 of the Municipal Code.

(Ord. No. 05-33, § I, 6-23-2005; Ord. No. 11-60, § 1, 10-13-2011)

(a)

Severability. This article, and its various parts, are hereby declared to severable. If any section, clause, provision, or portion of this article is declared invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of this article as a whole. All parts not declared invalid or unconstitutional shall remain in full force and effect.

(b)

Conflict. If any part of this article is found to be in conflict with any other ordinance or any other part of this article or chapter, the most restrictive or highest standard shall prevail. If any part of this article is explicitly prohibited by federal or state statute, it shall not be enforced.

(Ord. No. 05-33, § I, 6-23-2005)