The purpose of this chapter is to provide and preserve aesthetic surroundings, to reduce storm water runoff and surface heat in paved areas, to provide for open spaces and to provide visual and noise buffers between inconsistent adjacent land uses. It is critical that a balance be maintained between developed areas and natural/landscaped areas with appropriate existing and/or newly planted trees and other vegetation. The intent is also to provide for the future of our citizens through maintaining vital vegetative species that will reproduce for future generations.

(Ord. No. 2675, § 1(Exh. A), 3-12-2019)

A.

Zoning districts. The provisions of this chapter shall be applicable to all zoning districts except as identified in section 105-26.B.

B.

Special exemption. These requirements shall apply to all new development or the expansion of existing development except for the following:

1.

Single-family and duplex dwellings on individual lots; and

2.

Developments having been issued a final development order prior to the effective date of this ordinance.

3.

The director is authorized to grant exceptions to landscape requirements:

i.

Where compliance is not feasible due to circumstances unique to the property; or

ii.

Where it will interfere with utility lines and other public service facilities; or

iii.

Where the requirements of the section are satisfied to the greatest extent possible in keeping with the purposes of this section.

C.

Waivers. Landscape requirements may be waived by the director:

1.

If a waiver is necessary to preserve existing native vegetation, and the purpose of the landscape requirement is substantially fulfilled.

2.

In special treatment districts, upon the recommendation of the technical review committee, to properties in their respective jurisdiction.

D.

Generally.

1.

Accessory structure locations. No accessory structure, garbage collection sites or receptacles, parking, or other use shall be located in a required landscape or buffer area, except for drainage and irrigation structures.

2.

Florida Friendly Landscaping.

i.

Florida Friendly landscaping is based on Xeriscaping principles and has as its purpose reducing water consumption while enhancing both the beauty and hardiness of Florida landscaping. By proper design choices, a Florida Friendly landscape requires less irrigation and makes better use of the water it does receive. While there is no single fixed Florida Friendly landscape, all Florida Friendly landscapes share a set of design principles. Proposed landscape plans shall be considered based on the following "Florida Friendly" principles.

ii.

Design principles.

a.

Design with awareness of site conditions. Plants should be chosen that are suited to existing site conditions ("the right plant in the right place"). Soil amendments or terrain features can be added to create favorable conditions for plants that would not ordinarily thrive on the site. Native plants have a proven track record of thriving under native conditions with little or no supplemental water. The selection of drought tolerant plants will ensure a drought tolerant landscape even if severe water restrictions are imposed.

b.

Group plants according to their water requirements. Physically concentrating high water usage plants, medium water usage plants, and low water usage plants in separate areas will allow the design of high, medium, and low water usage zones that provide the plants with the necessary amount of water, without waste.

c.

Take steps to retain moisture in the soil. Use of organic mulches, such as pine straw, instead of inorganic materials, such as crushed rock, will promote the absorption of water by the soil as well as enhance water retention. Shade provided by established canopy trees reduces evaporation and allows a moist local environment. Avoid watering in the heat of the day to minimize evaporation. Amend fast draining sand soils with organics such as peat to enhance water retention. Careful application of irrigation with properly sized, adjusted, and timed irrigation heads will minimize water loss through evaporation, run-off, and excessive saturation.

d.

Minimize the high maintenance costs of the landscape. Devoting less area to turf grass, using it as an accent rather than the main emphasis of the landscape, will reduce water use, maintenance costs, pesticide costs and fertilizer costs. Low maintenance trees and shrubs cost less in long term maintenance and resources as well as offering possibilities of more attractive designs.

e.

Florida friendly design principles shall be employed in all landscape plans.

(Ord. No. 2675, § 1(Exh. A), 3-12-2019)

A.

Buffer requirements between allowable uses. The following table (Table 107-1) is intended to identify buffer requirements between allowable uses. All conditional uses shall have buffers imposed at the time of consideration by the planning board.

B.

Landscape buffer requirements between dissimilar developments. Where dissimilar land uses exist on adjacent properties, and where such areas will not be entirely visually screened by an intervening building or structure from abutting property, that portion of such area not so screened shall be provided with a buffer consisting of a six-foot fence or wall or shrubs which normally grow to a minimum height of six feet.

C.

Landscape buffer requirements within mixed use development. Where a building site is used for a single mixed use development, landscaped buffers shall not be required between the various constituent uses. Landscaped buffers required at the perimeter of the development shall be based upon the individual uses on each portion of the property.

D.

Buffer location.

1.

Location. All required buffers shall run the entire length of the side and rear property lines, except for areas of ingress and egress, provided, however, that no buffer shall block the sight distance of motor vehicles on the adjacent roadways or exit points.

2.

Pedestrian access. Gate or door entrances of no more than five feet in width for public pedestrian access are encouraged and may be installed between residential properties and adjacent commercial uses.

E.

Buffer density. All required buffers shall be sufficiently dense to screen the land use from the view of the adjacent property. If the planting is sparse or does not block abutting land uses from view, a visual screen, berm or fence may be required in conjunction with the vegetated buffer. However, wholly vegetated buffers are preferred.

F.

Use of landscaped buffers.

1.

Landscaped buffers may be used for passive recreation. They may contain pedestrian or bike trails, provided that the total width of the buffer yard is maintained.

2.

In no event shall the following uses be permitted in landscaped buffers: play fields, stables, swimming pools, tennis courts, parking lots and vehicular use areas, dumpsters, equipment storage and other open storage, buildings or overhangs.

G.

Responsibility for buffers. Where a proposed development is to be located adjacent to an existing use and a buffer is required between the uses, the responsibility to provide the required buffer is upon the owner or developer of the incoming use.

(Ord. No. 2675, § 1(Exh. A), 3-12-2019)

A.

Applicability. In all districts, except single-family dwelling uses, ten percent of the impervious areas used for vehicle use areas or off-street parking, except for ingress and egress drives, will be landscaped as follows:

B.

Setback areas. Except for ingress and egress points, all vehicular drives shall not be setback as described below. The setback area will be landscaped and included in the ten percent landscape requirements.

1.

Ten feet to the front property line;

2.

Four feet to either side of property line; or

3.

Four feet to the rear property line.

C.

Placement of trees. Trees and other materials shall be planted around the parking area as follows:

1.

Front off-street parking setback area: 2.5 canopy trees, 2.0 under-story trees, and 20 shrubs per 100 linear foot.

2.

Credit to offset the number of trees shall be given for preservation of existing trees when such tree is listed on the city replant list.

3.

Trees may be clustered or varied, according to landscape design.

D.

Interior landscape areas.

1.

Any interior part of an off-street parking lot not delineated as a space for parking or driving will be planted and landscaped, and may be included in the ten percent landscaping requirement.

2.

At intervals of every 15 adjacent parking spaces, there shall be a landscaped area of not less than nine feet by 20 feet which shall include at least one tree from the city replant list. Alternative designs which provide for landscaped area and trees in the interior of the parking area meeting the area requirements hereof may be approved by the director.

E.

Design standards.

1.

Visual screen. Where no buffer exists, or if a buffer is too sparse to block the parking area from the view of adjoining uses, a visual screen or berm at least 18 inches high at time of planting shall be required to block the parking area from the view of the adjoining property.

2.

All landscape designs should take into account storm water runoff, erosion, and drainage.

3.

No vehicle shall overhang, protrude or extend into any setback line or interior landscape area.

4.

All landscape plans and buffer zone plans must show adequate irrigation facilities to maintain the plantings.

5.

All off-street parking landscape area, vehicle use area, and buffer designs shall be prepared and signed by a licensed nurseryman or landscape architect and submitted to the director for approval.

6.

For purposes of this section, a licensed nurseryman shall be as defined in F.S. § 581.011; and a landscape architect shall be as defined in F.S. § 481.303.

7.

Xeriscape design elements may be incorporated into the landscape design when possible.

(Ord. No. 2675, § 1(Exh. A), 3-12-2019)

Earthen berms up to six feet in height may be used to comply with screening/buffering requirements. Slopes of berms may not exceed 3:1 without a slope design that addresses erosion by a registered engineer or landscape architect. Both faces of the slope shall be planted with ground cover, shrubs, and trees.

(Ord. No. 2675, § 1(Exh. A), 3-12-2019)

A.

Buffers. Buffers may be comprised of trees, shrubs, vines or other vegetation and may be combined with vegetative screens, berms, or fences upon Director's approval.

B.

Off-street parking and vehicle use areas. Approved landscape materials for off-street parking and vehicle use areas shall include: vines, lawn grass, natural ground cover, pebbles, brick pavers, mulch, low-growing plants, or other vegetation and existing trees and shrubs.

C.

Trees.

1.

Size. All trees required to be planted shall be at least six feet tall when planted and shall reach a minimum mature height of 15 feet and normal adult drip line of 15 feet in diameter.

2.

Native trees. All trees shall be selected from the city replant list (section 106-26) unless soil and other conditions do not favor survival, but only if verified by a licensed nurseryman or landscape architect. Native trees and existing trees are preferred if possible.

D.

Shrubs and hedges.

1.

All plantings should be spaced in a manner to effectively screen the land use from the view of adjoining structures within one year from planting.

2.

All plants shall be healthy and free of disease and pests at the time of planting.

3.

When planted, shrubs and hedges shall be at least 18 inches high from ground elevation to the top of the plant.

E.

Ground covers. Ground cover plants used in lieu of grass, in whole or in part, shall be planted in such manner as to present a finished appearance and reasonably complete coverage within one year after planting.

F.

Lawn grasses. Grasses should be planted in a manner to achieve permanent coverage within one year. Grasses may be planted by seeding, sprigging, plugging or sodding.

G.

Artificial materials. Synthetic plants and artificial material will not satisfy landscaping requirements. Nonporous surface covers shall not be used under mulches and pebbles.

H.

Artificial planters. Artificial planters, if planted with live plants, will satisfy the landscape requirements if they meet the following criteria:

1.

Shrub planters: Must be at least 18 inches deep and have at least ten square feet of area.

2.

Tree planters: Must be at least 30 inches deep and have at least 25 square feet of area.

I.

Mulches. Mulches shall be applied and maintained in accordance with the most recent edition of the Florida Yards and Neighborhoods Handbook titled "A Guide to Florida Friendly Landscaping" by the University of Florida, Institute of Food and Agricultural Sciences (UF/IFAS) and available on-line at http://fyn.ifas.ufl.edu/pdf/handbook.pdf.

(Ord. No. 2675, § 1(Exh. A), 3-12-2019)

Plants shall be installed during the period of the year most appropriate to the particular species, as determined by a licensed nurseryman or landscape architect. If compliance with this requirement delays planting until after the issuance of a certificate of occupancy, the developer or property owner may be required to post a performance bond sufficient to pay all costs of the required planting before the certificate will be issued.

(Ord. No. 2675, § 1(Exh. A), 3-12-2019)

A landscape plan shall be submitted, reviewed and approved by the planning director at the preliminary and final site plan stages, or prior to the issuance of a building or access and drainage permits. These plans should be integrated into the site plans/plats submitted, and shall be prepared by a landscape architect or other persons as authorized under Chapter 481, Part II, Florida Statutes.

A.

The landscape plan shall consist of:

1.

Date, scale, north arrow, and the names, addresses, and telephone numbers of both the property owner and the person preparing the plan;

2.

Location of existing boundary lines and dimensions of the site, the zoning classification of the site, and the zoning classification of adjacent properties, A vicinity map should also be attached to or made a part of the plan;

3.

Approximate centerlines of existing water courses and the location of the 25-year and 100-year floodplain, if applicable; the approximate location of significant drainage features; and the location and size of existing and proposed buildings, streets, utility easements, driveways, parking, sidewalks, and similar features;

4.

Project name, street address, and legal description;

5.

Location, height, and material of proposed screening and fencing (with berms to be delineated by one foot contours);

6.

Locations and dimensions of proposed landscape buffers, areas, and cross section;

7.

Complete description of plant materials shown on the plan, including names (common and botanical name), locations, quantities, container or diameter breast height sizes at installation, heights, spread, method of irrigation and spacing. The location and type of all existing trees on the lot over four inches in caliper or greater must be specifically indicated;

8.

An indication of how existing healthy trees proposed to be retained will be protected from damage during construction;

9.

Size, height, location and material of proposed seating, lighting, planters, sculptures, and water features;

10.

Identify xeriscaping elements incorporated into the plan; and

11.

Other information as may be required by the planning director and public works director to determine whether the landscape plan meets the requirements of this Code.

B.

Prior to issuance of a certificate of occupancy or approval of a final plat (as applicable), the landscape professional responsible for the project shall provide written, sealed or notarized, certification to the engineer of record that the installation of landscaping has been completed in accordance with the approved plan or plat. The engineer of record shall provide a copy of the landscape professional's certification with submittal of his/her certification.

(Ord. No. 2675, § 1(Exh. A), 3-12-2019)

A.

Responsibility. All landscape materials and workmanship shall be guaranteed by the landscape installer and/or developer for a period not to exceed two years. Thereafter, the property owner shall be responsible for maintaining all landscaping and vegetated buffers.

B.

Plant material. Maintenance includes:

1.

Mowing, pruning, litter removal, irrigation or watering, fertilizing, and replacing all dead plant material.

2.

All plants shall be maintained in a healthy, pest and disease free condition.

C.

Visual screens, fences and planters. The maintenance of visual screens, fences and artificial planters includes, but is not limited to, repairing, replacing damaged or deteriorated portions, and painting.

D.

Failure to maintain. The failure to maintain landscaping, buffers, visual screens, fences and artificial planters according to the requirements of this section will constitute a nuisance as defined in chapter 12, article II of the Panama City Municipal Code.

E.

Irrigation. All newly-planted and relocated plant material shall be watered by temporary or permanent irrigation systems until such time as they are established and subsequently on an as-needed basis to prevent stress and die-off.

(Ord. No. 2675, § 1(Exh. A), 3-12-2019)

A.

General requirements. Screening shall be required to conceal specific areas of high visual or auditory impact or hazardous areas from both on-site and off-site views. Such areas shall be screened at all times, unless otherwise specified, regardless of adjacent uses, districts, or other proximate landscaping material.

B.

Items to be screened. The following areas shall be screened from off-site views in accordance with this section:

1.

Large waste receptacles (dumpsters) and refuse collection points (including cardboard recycling containers);

2.

Service areas;

3.

Outdoor storage areas (including storage tanks);

4.

To the extent feasible given access requirements, ground-based utility equipment in excess of 12 cubic feet; and

5.

Ground level mechanical units, from public streets only.

C.

Screening methods. The following items are permitted for use as screening materials. Alternative screening materials that are not listed may be used if it is determined they are comparable to these screening materials.

1.

Vegetative materials that meet the minimum vegetative screening requirements for a buffer.

2.

An earthen berm that is at least two feet in height, covered with grass, and planted with other landscaping materials consistent with the function of and requirements for a buffer—provided, however, that a berm shall not be used in the DTD or StAD districts or if it will replace existing trees of ten inches in caliper or more;

3.

A solid fence constructed of treated or rot-resistant wood (such as cypress or redwood), or a plastic or vinyl fence, of a minimum height necessary to fully-screen the object being screened; or

4.

A masonry wall that is the minimum height necessary to fully-screen the object being screened, and that is constructed of brick, textured concrete masonry units, stuccoed block or similar materials.

5.

Use of chain link fencing with wooden or plastic slats does not qualify as a screen.

(Ord. No. 2675, § 1(Exh. A), 3-12-2019)