The purpose of this Section is to establish minimum standards for the development, installation, and maintenance of landscaped pervious areas within the City. The problems associated with intense urban development have become of increasing concern to the residents of the City. It is recognized that the proper management and use of trees, plants and other types of vegetation will reduce the impact of this rapid growth and improve the appearance, value, character, and quality of the urban environment. It is the intent of this Section, therefore, that the establishment of these minimum requirements and encouragement of resourceful planning and creative design promote the public health, safety, and general welfare. This Section is further intended to fulfill objectives as contained within the City's Comprehensive Plan, and the Community Redevelopment Plan by providing for: The conservation of potable and non-potable water; the implementation of Xeriscape landscaping principles; maintaining permeable land areas essential to surface water management and aquifer recharge; encouraging the preservation of existing plant communities; encouraging the planting of site specific, native and drought tolerant plant materials; establishing guidelines for the installation and maintenance of landscape materials and irrigation systems; reducing air, noise, heat, and chemical pollution through the biological filtering capacities of trees; reducing the temperature of the microclimate through the process of evapotranspiration; and promoting energy conservation through the creation of shade.

(Ord. No. 3748, § 3, 10-28-2010)

This Section establishes minimum landscape planting standards for all development and redevelopment activity within the City, as well as maintenance requirements for existing landscaping.

(Ord. No. 3748, § 3, 10-28-2010)

Landscape plans required by this Section shall comply with the requirements of Section 18-1541.5, for submittal of final site plans.

(Ord. No. 3748, § 3, 10-28-2010)

(A)

Compliance with the terms of this Section shall be required prior to the issuance of a Certificate of Completion or Certificate of Occupancy, as applicable, except as provided below. Compliance for phased projects may be similarly phased, as set forth on the approved final site plan.

(B)

Upon completion of all landscaping improvements, the City Manager shall inspect the project for compliance with the approved landscape plan and other requirements of this Section.

(C)

When occupancy of a related structure is desired prior to completion of the required landscaping, the Building Official may authorize a temporary Certificate of Occupancy under the following conditions:

1.

The developer has been unable to complete the landscaping in a timely manner due to a plant materials shortage or some other hardship beyond the control of the developer; and

2.

The developer provides a completion date that is acceptable to the City Manager, and provides a bond or other surety in the amount of one hundred twenty-five (125) percent of the cost of materials and labor the City Manager determines is needed to complete the work; and

3.

The developer executes a security agreement agreeing to forfeit the surety in the event the landscaping is not complete by the date stipulated in the agreement; and

4.

Any other conditions the City Manager deems appropriate to ensure completion.

(Ord. No. 3748, § 3, 10-28-2010)

The City Manager is authorized to lawfully enter upon all premises at reasonable times to inspect landscaping and determine its condition insofar as the provisions of this Section apply.

(Ord. No. 3748, § 3, 10-28-2010)

Definitions for specialized terms used in this Section are located in Article 4 of this Chapter.

(Ord. No. 3748, § 3, 10-28-2010)

(A)

All plant materials used to comply with the requirements of this Section shall conform to the standards for Florida No. 1 or better as published in the most recent edition of Grades and Standards for Nursery Plants, Florida Department of Agriculture and Consumer Services.

(B)

Detention/retention ponds may be credited toward meeting the requirements of this Section subject to the following conditions:

1.

A landscaped strip, a minimum of five (5) feet in width, shall be provided along the entire perimeter of such ponds containing a combination of trees, lawn grass, shrubs, and other acceptable ground cover. Other specific landscaping required under this Section may be incorporated in combination with the above, provided that minimum planting areas and adequate spacing for proper plant growth are maintained. Trees which are planted along pond banks must be adequately spaced or grouped, in order to allow for any necessary pond maintenance.

2.

Planned landscaping around detention/retention ponds shall also conform to Article 2, Drainage Code, of this Chapter and Section 18-1530.18 "Master Stormwater Retention/Detention Ponds, Crediting Against Maximum Lot Coverage (Industrial Zoning Districts)" and the applicable regulations of other stormwater or environmental permitting agencies.

(C)

Where trees are proposed within a right-of-way or any easement, approval from the appropriate jurisdictional agency shall be required. Where it can be demonstrated, to the satisfaction of the City Manager, that trees can be sustained within a City right-of-way or easement to satisfy requirements pursuant to this Section, an easement agreement shall be recorded as a covenant running with the land requiring the adjacent property owner to solely bear the responsibility for installation, maintenance or timely replacement of such landscaping, either by and through the owner's resources or by contract with the City. Also, see Section 18-1530.5, "Easements".

(D)

Where overhead utility lines exist, understory trees shall be the only trees counted toward meeting the requirements of this Section when planted within twenty (20) feet of the utility lines, measured horizontally from the center of the tree trunk to the vertical plane of the utility lines.

(E)

Unobstructed visibility at intersections shall be provided in accordance with the specific visibility triangle provisions set forth in Section 18-1503.11(C).

(F)

Where developing lots are subject to both Article 4, "Environmental Habitat and Preservation," and this Section, then the total number of trees required to be planted and/or preserved shall be the greater of the two (2) assessments.

(G)

Any lot from which a building is demolished or removed shall be seeded with grass seed or covered with sod upon removal of the building. The use of sod is required for lots located within the Community Redevelopment Area.

(Ord. No. 3748, § 3, 10-28-2010; Ord. No. 4079, § 1(Att. A)117., 3-14-2019; Ord. No. 4093, § 9, 11-26-2019)

(A)

If either building or vehicular use area is expanded by fifty (50) percent or more then the entire lot shall be brought into conformance with this Section. This Section does not apply to single-family, duplex or manufactured home development.

(B)

If either building or vehicular use area is expanded by thirty-five (35) percent to forty-nine (49) percent then seventy-five (75) percent of the requirements shall be brought into compliance with this Section.

(C)

If either building or vehicular use area is expanded by twenty-five (25) percent to thirty-four (34) percent then fifty (50) percent of the requirements shall be brought into compliance with this Section.

(D)

If either building or vehicular use area is expanded by up to twenty-five (25) percent then twenty-five (25) percent of the requirements shall be brought into conformance with this Section.

(E)

The above fractions of compliance with the requirements of this Section shall be interpreted as follows:

In addition, landscaping improvements shall be installed in the above order of impact. For example, if fifty (50) percent of the requirements must be met, then Streetscape and Perimeter buffering shall be installed first.

(Ord. No. 3748, § 3, 10-28-2010; Ord. No. 4079, § 1(Att. A)117., 3-14-2019)

(A)

For the purpose of this Section, the following nonconforming landscape provisions shall apply:

1.

The streetscape requirements of Section 18-1533.15 shall only be required for new construction taking place on undeveloped lots, and on lots which are undergoing building and/or vehicular use area expansion, in accordance with Section 18-1533.8, "Landscape Requirements for Sites Proposing Building and/or Vehicular Use Area Expansion".

2.

As used in this Section, the term "undeveloped lot" shall mean any lot which is not improved with a principal building and shall include developed lots from which a principal building is removed for any reason, including damage or destruction.

3.

All property with parking areas existing as of May 28, 1987, shall not be required to conform to the provisions of this Section unless building and/or vehicular use area expansion, in accordance with Section 18-1533.8, "Landscape Requirements for Sites Proposing Building and/or Vehicular Use Area Expansion", is occurring on the lot, or a change of use occurs which calls for an increase in the required number of off-street parking spaces. No structure shall be required to be altered or moved, except during reconstruction, to meet the provisions of this Section.

4.

This Section shall not require the elimination of more than ten (10) percent of the required number of off-street parking spaces in order to achieve compliance. This provision shall not apply to lots located within the Community Redevelopment Area, which shall not suffer loss of required parking spaces.

(Ord. No. 3748, § 3, 10-28-2010)

(A)

Trees planted in fulfillment of this Section shall meet one of the following requirements:

1.

Transplanted tree stock, in which the method of preparation for planting includes reducing the existing root mass by cutting, pruning, spading or other means, including collected and relocated stock, shall be a minimum of one and one-half (1½) inches in diameter as measured six (6) inches above grade and be a minimum of eight (8) feet in overall height. Transplanted tree stock shall be a minimum of three (3) inches in diameter as measured six (6) inches above grade and be a minimum of twelve (12) feet in overall height, for lots located within the Community Redevelopment Area.

2.

Containerized tree stock, in which the root mass is allowed to grow complete and intact to a reasonable degree, including container and grow bag grown, shall be a minimum of one and one-quarter (1¼) inches caliper as measured six (6) inches above grade and be a minimum of eight (8) feet in overall height. Containerized tree stock shall be a minimum of two (2) inches in diameter as measured six (6) inches above grade and be a minimum of eight (8) feet in overall height, for lots located within the Community Redevelopment Area.

(B)

The following is a list of acceptable trees by type which may be utilized to meet the requirements of this Section:

1.

Canopy Trees: Canopy trees are self-supporting, woody plants which normally grow to a minimum height of thirty-five (35) feet in Pinellas County and have trunks which can be maintained with over eight (8) feet of clear wood. For the purposes of this Section, palms shall not be considered canopy trees and shall not be substituted for canopy trees. The following trees shall be considered as acceptable toward meeting the canopy tree planting requirements:

2.

Intermediate Trees: Intermediate trees are self-supporting, woody plants which normally attain a height between twenty (20) and thirty-five (35) feet at maturity in Pinellas County. For the purposes of this Section, palms shall not be considered intermediate trees and shall not be substituted for intermediate trees. The following trees shall be considered acceptable toward meeting the intermediate tree planting requirements:

3.

Understory Trees: Understory trees are self-supporting, woody plants which normally attain or can be easily maintained at a height of under twenty (20) feet at maturity. The following trees excluding Palms, shall be considered as acceptable toward meeting the understory tree planting requirements:

4.

Palms shall be considered understory trees and are permitted to meet understory planting requirements subject to the following:

(a)

Palms shall be planted at a ratio of three (3) Palms per one (1) required understory tree when used in fulfillment of the requirements of this Section.

(b)

For all lots developed, or proposed to be developed, with nonresidential or mixed uses and any multi-family uses greater than one-half (½) acre in size, the number of palms shall not exceed twenty-five (25) percent of the number of understory trees.

(c)

For lots developed, or proposed to be developed, with single-family, manufactured home, or duplex uses, and any multi-family uses less than one-half (½) acre in size, the number of palms shall not exceed fifty (50) percent of the number of understory trees required.

(d)

Within the Community Redevelopment Area the number of palms shall not exceed thirty (30) percent of the required number of understory trees for lots developed, or proposed to be developed, with single-family, manufactured homes or duplex uses, and any multi-family uses.

(e)

The following palm species shall serve to provide guidelines in the selection of trees for planting credit. Other tree species may be planted for credit, however, any deviation from this list must be approved by the Zoning Director.

(1)

Cabbage Palm (N)—Sabal Palmetto.

(2)

Canary Island Date Palm (N)—Phoenix canariensis.

(3)

Paurotis Palm (D)—Acoelorrhaphe wrightii.

(4)

Queen Palm (N)—Arecastrum romanzoffianum.

(5)

Senegal Date Palm (N)—Phoenix reclinata.

(6)

Washington Palm (N)—Washingtonia robusta.

(7)

Medjool Date Palm (N)—Phoenix dactylifera.

(f)

To receive credit for palms, all plants must be a minimum height of eight (8) feet in height measured to the bud at the time of planting.

(C)

PROHIBITED TREES. The following species of trees shall not be propagated within the City of Pinellas Park.

Removal required. Where Punk (Melaceuca spp.), Australian pine (Casuarina spp.) or Brazilian pepper (Schinus spp.) exist on a site, they shall be removed prior to the approval of the final landscape inspection, except that where the removal of the above species would result in the destruction of the primary nesting ground or habitat site for any Florida Native Wildlife species as listed by the Florida Game and Freshwater Fish Commission, these requirements shall not apply. Where the above species exist as a part of or in direct association with a jurisdictional wetland ecosystem, the applicant shall be required to obtain all necessary permits from other agencies as required prior to the removal of this vegetation.

(Ord. No. 3748, § 3, 10-28-2010; Ord. No. 4079, § 1(Att. A)118., 3-14-2019)

At least seventy (70) percent of all required trees shall be of native species, unless the applicant demonstrates that the alternate species comply with these criteria:

(A)

The tree(s) ability to thrive in the climate of the Pinellas Park area.

(B)

The tree(s) ability to tolerate insect, disease and other pests experienced in the Pinellas Park area.

(C)

The tree(s) ability to thrive within the soils existing on or prepared for the site.

(D)

The tree(s) are not considered nuisance, exotic or invading tree species, as determined by the Florida Department of Agriculture and Consumer Services, Division of Forestry, or the Cooperative Extension Service.

(E)

The drought tolerability of the tree.

(Ord. No. 3748, § 3, 10-28-2010)

(A)

INTENT. In order to ensure adequate area for proper growth and development of healthy trees, the following minimum planting areas shall be required for trees planted in fulfillment of the requirements of this Section. It is the intent herein that the entire area designated for this purpose be prepared for planting, including such activities as the removal of soil pollutants, tillage, soil amendments, mulching or other improvements necessary to achieve a planting environment conducive to healthy growth.

TABLE 18-1533-1 PLANTING AREA REQUIREMENTS

SF = Square Feet

(B)

Combinations of required landscaping areas may be used to achieve the minimum square-footage, such as:

1.

Combination of interior landscaped areas.

2.

Combination of streetscape and perimeter buffer landscaping.

(C)

All newly created landscaped areas, must be provided with adequate soil, whose depth, texture, structure and pH is capable of providing a compatible medium for the proposed landscape trees.

(D)

Trees of a species whose roots are known to cause damage to public roadways, sidewalks, or other public utilities shall not be planted closer than five (5) feet to such roadway, sidewalk or public utility unless without installation of an acceptable root barrier material which will prevent the encroachment or undermining by the tree's root system, such as herbicide impregnated materials or reinforced concrete of sufficient width and length. Where root barriers have not proven effective, such as for Ficus Trees, the City Manager may require additional setback not to exceed one (1) foot per foot of potential height for the species.

(E)

Any person planting tree(s) or shrubs within a public right-of-way must first complete a right-of-way landscaping covenant, which covenant shall run with the title of the abutting lot. Proposed trees within street right-of-way shall be required to meet minimum safe clearance distances from the edge of pavement, as enforced by the agency of jurisdiction, underground and overhead utility clearance requirements, and meet visibility triangle requirements, as set forth in Section 18-1503.11. Plantings within the right-of-way shall not obstruct proper drainage flow.

(Ord. No. 3748, § 3, 10-28-2010; Ord. No. 4093, § 10, 11-26-2019; Ord. No. 4163, § 7, 6-23-2022)

(A)

In order to maximize the shade coverage and the variety of physical and spatial characteristics, a minimum number of tree species by classification shall be required as follows:

Canopy trees may be substituted for intermediate trees; intermediate trees may be substituted for understory trees; and the remaining trees may be understory trees to meet this requirement.

(B)

In order to achieve a balance of variety, to maximize the benefits of a broad spectrum of individual characteristics, and to further minimize real and potential losses due to insect and disease outbreak, a minimum number of tree species shall be required as follows:

Individual tree distribution by species shall be so proportioned as to achieve a reasonable degree of balance with respect to the intent of this Section.

(Ord. No. 3748, § 3, 10-28-2010)

(A)

HEDGES. Shrub plants used to create hedges shall be a minimum of twenty (20) inches in height immediately upon planting, with a spacing of no more than thirty (30) inches on center and reach an average height of twenty (24) inches within one (1) year of planting. These hedges shall be of evergreen species, planted and maintained so as to form a continuous visual screen within a maximum of one (1) year of planting. Shrub stock larger than the required minimum may be planted at a spacing greater than thirty (30) inches on center when consistent with the spread classification as specified on an approved landscaping plan; however, in no case shall the spacing of shrubs planted for hedges be greater than thirty-six (36) inches on center.

(B)

GROUND COVERS. All pervious areas shall be covered with grass or other approved ground covers used in lieu of grass.

1.

Ground cover used in lieu of grass shall be planted to maintain a maximum spacing of twenty-four (24) inches, and present a finished appearance with reasonably complete coverage within one (1) year of planting. Properly managed non-grass plantings, chosen and designed based upon the applicable site conditions, will typically be able to survive on reduced water requirement and survive drought conditions better than lawn areas.

2.

Turf or Sod. Portions of landscaped areas that have been customarily designed as lawns shall be planted in traditional mixes of trees, shrubs, and ground covers. Lawn grass shall be planted in specific zones, and adhere to the irrigation requirements found in Section 18-1533.20, "Installation and Maintenance Requirements". Lawn grass is specifically required between the property line and edge of pavement within the street right-of-way.

3.

Acceptable varieties of grass are St. Augustine, Bahia and their cultivars. When used, lawn grass shall be clean and reasonably free of weeds and noxious pests and diseases. For new developments when grass areas are to be seeded, sprigged, or plugged, specifications must be approved by the City Manager. Seeded areas shall be covered with one-quarter (¼) inch of topsoil, and a thin layer of hay/straw. One hundred (100) percent coverage must be achieved within thirty (30) days, for all pervious area not treated with other approved ground cover, including the right-of-way swale. Nurse grass must be sown for immediate effect and protection against soil erosion until coverage is otherwise achieved. To the maximum extent feasible, and as required in (C) below, drought tolerant lawn grass species must be utilized. Solid sod only shall be required on lots located within the Community Redevelopment Area, except where hedges or ground cover, as defined in (A) and (B) above, are utilized.

(C)

DROUGHT TOLERANT PLANTS. For increased water conservation, the applicant shall utilize no less than fifty (50) percent drought tolerant shrubs, ground cover, and lawn grasses, as specified on lists obtainable from City and County/State agencies.

(D)

HARDSCAPE MATERIALS. Non-living durable materials may be used as part of an overall landscape program, but shall not be credited as landscaping. These materials include, but are not limited to, wood chips, wood structures used to define landscape beds, walls or fences, and rocks and pebbles. Paving and sand are excluded.

(Ord. No. 3748, § 3, 10-28-2010)

For the purposes of this Section, streetscape shall consist of all greenspace area located within the front yard, and (when applicable) the secondary front yard.

(A)

SINGLE-FAMILY, DUPLEX, AND MANUFACTURED HOME (T-1) RESIDENTIAL USES.

1.

One (1) tree is required for each fifty (50) linear feet of lot frontage or fraction thereof.

2.

On all lots where this Section requires two (2) trees in the streetscape area, one (1) understory tree or three (3) palm trees, in accordance with Section 18-1533.10 (B)4.(a), may be substituted for the one (1) intermediate type tree as required in Section 18-1533.10(B)2. One (1) canopy type tree must still be planted as required.

3.

Within the streetscape area located between the facade of the building and the right-of-way line, a landscape bed shall be established which is equal to two (2) square feet per linear foot of lot frontage. At least thirty (30) percent of the landscape bed shall contain groupings of perennial shrubs and ground cover.

(B)

SINGLE-FAMILY ATTACHED, MULTI-FAMILY, MANUFACTURED HOME PARKS (T-2) AND OTHER RESIDENTIAL USES.

1.

A total landscaped area equal to at least five (5) square feet for each linear foot of lot frontage shall be required.

2.

Such areas shall be required to contain one (1) tree for each fifty (50) linear feet of lot frontage, or fraction thereof. For lots located within the Community Redevelopment Area, this requirement shall be one (1) tree for each thirty-five (35) linear feet of lot frontage or fraction thereof.

3.

In addition to (A)3. above, planting areas at least twenty (20) square feet in size containing groupings of shrubs, trees, etc. shall be placed intermittently along the facade of each dwelling unit or at the ends of each building. Such areas shall contain a minimum of three (3) shrubs and one (1) tree per dwelling unit, which may be achieved with one (1) or more planting areas per grade level dwelling unit.

(C)

COMMERCIAL, OFFICE, INDUSTRIAL, MIXED USES, AND ALL OTHER NONRESIDENTIAL USES.

1.

A total landscaped area equal to at least six (6) square feet for each linear foot of lot frontage shall be required.

2.

Such areas shall contain one (1) tree for each forty (40) linear feet of lot frontage or fraction thereof and a continuous hedge. For lots located within the Community Redevelopment Area, this requirement shall be one (1) tree for each thirty-five (35) linear feet of lot frontage or fraction thereof.

(Ord. No. 3748, § 3, 10-28-2010; Ord. No. 4079, § 1(Att. A)119., 3-14-2019)

(A)

APPLICABILITY. All development shall provide buffer landscaping along the non-street perimeters of the lot according to Table 18-1533-2, below. For purposes of this Section, buffer landscaping shall consist of a combination of trees; shrubs; ground cover, and/or lawn grass. Additional landscaping materials may be incorporated provided these basic components are included.

(B)

GUIDE TO USE OF THE TABLE. To use the table, locate the appropriate zoning district on the left side of the table of the property to be developed. Next, identify the zoning of the abutting property to each side of the subject property. The number or letter located at the intersection of the corresponding row and column indicates the required landscaping standard applicable for the abutting property (see the notes to the table). Depending upon the zoning of the adjacent property, the buffering may be different along each property line. In any case where this Section conflicts with the standard landscaping requirements, the requirements of this Section shall govern. In addition, buffer landscaping required in this Section may be utilized to fulfill the requirements of the landscaping requirements in Sections 18-1533.15 and 18-1533.17.

(C)

If the abutting property is zoned PUD, the buffer landscaping standards to be applied shall be the same standards applied to that zoning district in Table 18-1533-2 that is the most similar in development to the subject PUD parcel.

TABLE 18-1533-2 PERIMETER LANDSCAPE BUFFER REQUIREMENTS

NOTES/LEGEND:

1.

Refer to Table 18-1533-3 VUA Buffer Requirements for specific buffering requirements.

2.

Buffering/landscaping requirements in the "P" Public District shall be established on a case-by-case basis. In determining which standard to use, the City Council shall consider the following criteria:

(a)

If the proposed use will cause adverse impacts (e.g. visual, noise, odor) to the abutting property.

(b)

If the proposed use will cause adverse impacts (e.g. sedimentation, pollution, erosion) to the natural environment of the abutting property.

(c)

If the proposed use will cause a potential safety hazard to abutting property, making a buffer area necessary. The buffering/landscaping requirements shall, however, at a minimum, meet the requirements of Standard "A".

3.

Refer to Section 18-408, "Environmental Habitat Preservation and Enhancement, "(E)" Upland Buffers Adjacent To Wetlands," and Table 18-1533-3, Perimeter Buffer Specifications.

A - Refer to Table 18-1533-3, Buffer Type A

B - Refer to Table 18-1533-3, Buffer Type B

C- Refer to Table 18-1533-3, Buffer Type C

D- Refer to Table 18-1533-3, Buffer Type D (Where an M-1 parcel is being developed in a location that abuts or functionally abuts residential districts, City Council, in the review of the required site plan, may require additional buffering to ameliorate impacts.)

4.

PERIMETER LANDSCAPE BUFFER SPECIFICATIONS

TABLE 18-1533-3 PERIMETER LANDSCAPE BUFFER SPECIFICATIONS

General Table Notes:

1.

All measurements include fractions thereof.

2.

All tree planting areas must have minimum dimensions pursuant to Table 18-1533-1.

3.

Perimeter buffer requirements are not intended to result in duplicate or double buffers. Therefore, when any two (2) or more buffers are required based upon streetscaping, VUA and perimeter buffer standards, the stricter standard shall apply.

4.

The remainder of required landscape buffers shall be landscaped with grass, ground cover, or other acceptable vegetation. Paving, sand, pebbles, or rocks are not acceptable materials.

5.

Where canopy trees are to be used in borders and in conjunction with hedges, hedge areas are to be consolidated elsewhere on the property.

Specific Footnotes:

*In groupings of four (4) or more (intended to maximize the physical effectiveness and soften the visual impact of the buffer.)

1.

Not required for:

(a)

Any portion of a vehicular use area that is entirely screened from an abutting property, right-of-way, or residential or mixed use zoning district by an intervening building.

(b)

A vehicular use area that is accessory to single-family, duplex or manufactured home (T-1) residential uses.

(c)

Lot perimeters that have a stricter buffer requirement based upon Tables 1 and 2.

(d)

The portion of a vehicular use area that abuts an alley.

2.

Table 18-1533-1 specifies the minimum dimensions of pervious area needed for intermediate and canopy trees in order to accommodate their root systems.

3.

Where such dimension exceeds the minimum required buffer width, either the buffer shall be of the minimum width specified in said table in the locations that such trees are planted, or abutting private property or right-of-way pervious areas can be counted towards the extra required width.

(D)

NON-DUPLICATION OF BUFFERS. Where a portion of a proposed vehicular use area would abut an existing hedge or wall on an abutting property, the City Manager may waive the shrub and tree requirements; however, the required landscaped strip, planted with grass, ground cover or other acceptable vegetative materials shall be maintained in all cases. Additionally, a covenant running with the land shall be recorded requiring the installation of the waived buffer content in the event that the existing buffer is legally removed. The existing barrier shall meet all other applicable standards of this Section and protection against vehicular encroachment shall be provided. Criteria used to determine if these requirements may be waived are as follows:

1.

If the natural or man made feature(s) or the existing abutting landscape plants effectively create a buffer, thus meeting the intent of the buffer requirement.

2.

If the natural or man made feature(s) or the existing abutting landscape plants are in good repair and/or in healthy condition.

3.

If the existing abutting landscape plants are composed of species acceptable pursuant to this Section.

(Ord. No. 3748, § 3, 10-28-2010; Ord. No. 4079, § 1(Att. A)120., 3-14-2019)

(A)

PROTECTION FROM VEHICULAR ENCROACHMENT. Vehicular use areas shall be designed to use wheel stops, bollards, and/or raised concrete curbing to prevent the encroachment of vehicles upon or into landscaped areas. That part of a driveway which is within the right-of-way shall be exempt from this requirement. Wood or railroad ties are not acceptable for use as wheel stops except as may be applied in grass parking areas where such is permitted by this Code.

(B)

REQUIRED AMOUNT OF LANDSCAPED AREA. An area or combination of areas equal to eight (8) percent of the total vehicular use area shall be devoted to interior landscaping. An area or combination of areas equal to ten (10) percent of the vehicular use area shall be devoted to interior landscaping for lots located within the Community Redevelopment Area. Interior landscaped areas shall be located in such a manner as to divide and break up the monotony of paving, to provide shaded areas and to delineate the intended traffic pattern(s). This includes only those areas that actually protrude into the parking lot and vehicular use areas, such as (but not limited to) interior and terminal landscape islands and parking row separators, that are capable of supporting trees as specified in the requirements of this Section. In no case shall less than one (1) tree for each two hundred (200) square feet or fraction thereof of such required landscaping be provided. This subsection shall not apply to single-family, duplex, and manufactured home (T-1) residential uses. Parking lots with ten (10) or fewer parking spaces are exempt from this requirement.

(C)

TERMINAL ISLANDS.

1.

Each row of ten (10) or more contiguous parking spaces within the Community Redevelopment Area, and fifteen (15) or more contiguous parking spaces elsewhere, shall be terminated on both ends by landscaped islands of a size not less than five (5) feet in width, as measured inside the curbing and having a length equal to that of the adjacent parking stall. The designer shall reference a landscape plan to insure that where trees are planned, that the island is sized large enough to properly accommodate the tree.

2.

Landscaping shall consist, at a minimum, of one (1) tree plus lawn grass or ground cover.

3.

Selection of tree types should be sensitive to locations of light poles and signage.

(D)

INTERIOR ISLANDS AND GREENSPACE PARKING ROW DIVIDERS.

1.

Interior islands shall be placed within rows of contiguous parking spaces at intervals of not more than fifteen (15) spaces, and ten (10) spaces within the Community Redevelopment Area.

2.

Interior islands and green space parking row dividers shall be no less than ten (10) feet in width as measured inside the curbing, and all interior islands shall have a length equal to that of the adjacent parking stall.

3.

Landscaping shall, at a minimum, consist of one (1) tree plus lawn grass or ground cover.

(E)

CONSOLIDATION OF LANDSCAPE ISLANDS. In order to provide for more growing space for trees within vehicular use areas, to allow clustering of trees, to allow for flexibility of design, and to preserve existing trees of value, the consolidation of interior landscaped islands may be permitted in parking areas, upon approval by the City Manager, provided that the overall interior landscaping requirements are met, and based upon the following criteria used to determine if interior landscaped areas may be consolidated:

1.

The consolidated areas must meet the intent and definition of interior landscaped areas; and

2.

The consolidated areas must offer increased growing area for the roots of trees, thus allowing for larger shade producing canopy type trees to grow and function within vehicular use areas; or

3.

The consolidated areas must preserve trees of value that would otherwise have to be removed or relocated in order to accommodate the required vehicular use area; or

4.

Consolidating interior landscaped areas will result in superior site design or increase the efficiency of the internal function and design of specialized vehicular use areas (i.e. truck depot yards, loading areas, auto auctions, etc.).

(Ord. No. 3748, § 3, 10-28-2010; Ord. No. 4079, § 1(Att. A)121., 3-14-2019)

The following landscaping practices are required for the retention of existing, natural vegetation to the maximum extent possible.

(A)

PRESERVATION REQUIRED. Where healthy trees and native vegetation of species exist pursuant to Article 4, "Environmental Habitat Preservation and Enhancement," and this Section, it shall be required to the maximum extent possible that they be retained on the site and to be credited toward meeting the required number of trees required by Code.

Where existing native vegetation in good health meets the criteria for denial of a permit for its removal under said Article 4, and falls within the proposed building or vehicular use area, the City Manager may require a reasonable alteration of the site plan within the context of this Section in order to protect this vegetation, subject to the following conditions:

1.

The proposed alteration does not create undue hardship or further limit the economic enjoyment of the subject property.

2.

Credit toward meeting the minimum planting requirements is allowable for the vegetation protected by this action as described herein.

3.

Any proposed alteration of the plan for vegetation preservation shall also be reviewed and approved by other City Departments/Divisions as necessary.

(B)

EXCEPTIONS. Where the developer has shown that sufficient steps in the planning of the project site have been taken to ensure the preservation of this type vegetation, and that further conservation will severely limit the use of the subject property for the purposes intended, the City Manager may authorize removal of existing tree(s).

(C)

TREE CREDITS.

TABLE 18-1533-4 TREE PRESERVATION CREDIT (NON-PALMS)

1.

Palms shall be allowed credit as follows: For palm species listed in Section 18-1533.10(B)4., "Tree Material Standards," "Understory Tree; palms," having a height of eight (8) feet or greater, which are preserved on a site, a credit of one (1) understory tree shall be allowed for every three (3) existing palms preserved. Credit for other palms native to Florida and indigenous to Pinellas County may be allowed to meet tree planting requirements as determined by the City Manager where the height, species, location and other factors can be effectively utilized to meet the intent of this Section. (See Section 18-1533.11, "Alternative Species" for criteria used to determine if other species will be acceptable.)

2.

Where existing trees are to be credited toward the minimum requirements of this Section, the following Table 3 shall be used to determine the minimum undisturbed area to remain after construction. Tree protection standards required by Article 4, "Environmental Habitat Preservation and Enhancement" of the Land Development Code may require a larger area to be protected during construction. These standards are minimum requirements. To increase the survival chances for trees of twelve (12) inches DBH or greater intensive tree care during the recovery period may be necessary. In all cases the owner/developer must take all steps necessary to assure survival of those trees designated to remain on site.

TABLE 18-1533-5 EXISTING TREE AREA REQUIREMENTS

LEGEND OF ABBREVIATIONS

″ = inches

S.F. = square feet

DBH = Tree Trunk Diameter in inches, measured at Breast Height, four and one-half (4½) feet above original grade.

(Ord. No. 3748, § 3, 10-28-2010)

The following alternative landscaping practices are permitted to further encourage the use of innovative landscape designs.

(A)

Architectural planters may be utilized in fulfillment of the open space requirement for a particular zoning district; however, the use of such architectural planters shall not exceed ten (10) percent of the open space area requirement except as provided in Section 18-1533.21(A), "Alternative Landscape Requirements for Lots Located in the Community Redevelopment Area". Architectural planters shall contain a surface area of not less than ten (10) square feet and shall have a minimum height/depth of not less than three (3) feet. Architectural planters must be provided with adequate soil, whose depth, texture, structure, and pH is capable of providing a compatible medium for the proposed landscape plants.

(B)

Where existing natural vegetation and/or topographic features (e.g.-wetlands, uplands) are preserved and incorporated into the landscaping scheme so as to meet the intent of this Section, one (1) or more of the requirements of in this Section, concerning streetscape landscaping, interior landscape areas, or buffer landscaping, may be waived (for special provisions, refer to Section 18-408, "Environmental Habitat Preservation and Enhancement, "(E)" Upland Buffers Adjacent To Wetlands and "(F)" Upland Preservation Areas").

(C)

The use of an earthen berm in lieu of a wall or fence is acceptable provided that the following design standards are followed:

1.

Such a berm shall be constructed at a four-to-one (4 to 1) slope and shall have a minimum height of three (3) feet.

2.

The sides shall be covered in either grass or ground cover.

3.

The top of the berm shall be planted with shrubs of a height so that the overall height of the berm and shrubs is equal to six (6) feet from the highest abutting grade.

4.

All other requirements of this Section shall apply, including tree planting requirements.

(D)

The City Manager may reduce the requirement for off-street parking spaces within any zoning district outside of the Community Redevelopment Area when trees of value are endangered. A tree of value shall be any tree of eight (8) inch DBH or greater, and of any species identified in this Section as being acceptable. In no case shall this reduction exceed ten (10) percent of the required number of parking spaces.

(E)

The use of turf blocks as a means of preserving existing trees and shrubbery is permitted, provided that the developer follows proper design criteria according the manufacturer's specifications for installation of such, and upon approval by the City Engineer.

(Ord. No. 3748, § 3, 10-28-2010)

(A)

All required landscaping shall be installed according to generally accepted planting procedures and shall be installed so as to meet all applicable ordinances and Code requirements.

(B)

In order to provide increased moisture retention within the root balls of newly planted and immature trees and shrubs and to further increase the probability of survival and proper growth of such vegetation, a minimum of two (2) inches thickness of mulch no less than twenty-four (24) inches beyond the trunk or stem of all newly planted trees or shrubs shall be installed and maintained during the first year of growth.

(C)

All landscaped areas shall be provided with an approved automatic irrigation system or available water supply with at least one (1) hose connection within fifty (50) feet of all plant material to be maintained. Individual planters and isolated planting areas shall have appropriate irrigation sources provided within each separate planting area. An automatic irrigation system must be utilized on all lots with nonresidential and mixed uses, and any multi-family uses greater than one-half (½) acre in size. Hose bibs may be utilized for irrigation of single-family, manufactured home subdivisions (T-1), duplex, and multi-family zoned lots of one-half (½) acre or less in size.

1.

All irrigation systems shall be maintained in an operable condition capable of providing adequate irrigation to landscaped areas as required. All inoperable irrigation systems and components thereof shall be promptly repaired or replaced such that adequate coverage of landscaped areas is restored.

2.

To conserve water, all applicants must conform to Xeriscape landscape designs to the greatest extent feasible. Xeriscape is defined as water conservation through creative landscaping. It specifically addresses seven (7) steps:

(a)

Carefully planned design.

(b)

Selection of appropriate plants for placement in three (3) distinct water consumption zones: Natural Zone—Least watering (plants live on natural rainfall) Drought Tolerant Zone—Little watering (plants only need watering during periods of extended drought) Oasis Zone -Frequent watering (lawn grass, fruit and vegetable gardens).

(c)

Improve the soil with compost, peat, manure, top soil.

(d)

Use of turf wisely only in recreation and leisure areas.

(e)

Irrigation, efficiently utilizing the zones and providing low volume irrigation systems.

(f)

Use mulches around all plants.

(g)

Practice proper maintenance by not over watering and over fertilizing.

3.

The applicant shall utilize efficient irrigation relying on proper irrigation system design and the appropriate equipment. Irrigation systems shall be zoned so that plant groupings can be watered separately, according to the area's need. "Bubblers", micro-sprays, or a drip system can help provide efficient water use. Water needs change, and automatic shut-off devices shall be installed so that landscapes are not irrigated during periods of rain.

No private inground irrigation systems shall be permitted within any public right-of-way without a right-of-way use permit.

4.

No in-ground irrigation system shall be permitted to connect to the City Potable Water System. Refer to Section 10-128 of the City Code of Ordinances, for variance procedure for single-family residences.

(D)

Landscaping plants, trees, and other material shall be maintained in a healthy, growing condition or shall be promptly replaced within thirty (30) days. This replacement requirement includes all trees and shrubs, which fall below Florida Grade one or better standards, and whose above ground portion dies back to fifty (50) percent or less of living canopy. Top pruning or other severe pruning or maintenance practice(s) of landscaping materials that results in stunted, abnormal, or other unreasonable deviation from the normal healthy growth of trees, shrubs, and other required landscaping components shall be considered as the destruction of these materials and replacement shall be required as described herein or in Article 4, "Environmental Habitat Preservation and Enhancement" of the Land Development Code. All new and existing trees, shrubs, and other ground cover located within lots so designated as wetlands preservation areas, uplands preservation areas, upland buffer adjacent to wetlands, and other City, State, or County designated wildlife preservation areas, which are credited in this Section or Article 4 of the Land Development Code, shall remain under management as specified by an approved management or landscape plan. This shall include the continued removal of invading nuisance exotic plant species as needed, and as required by the original approved plan. Failure of the owner of the property to maintain the premises in good condition, as set forth above, is punishable as a violation of this Land Development Code.

(E)

No landscaped area may be abandoned, paved, encroached upon by vehicular traffic, or otherwise employed, without submission of a site plan and approval by the City pursuant to the procedures set forth herein.

(F)

It shall be the responsibility of the owner, tenant, or agent of developed properties to maintain the right-of-way area beyond the property line contiguous to the site.

(G)

All provisions of this Section shall apply and remain enforceable notwithstanding changes in property ownership.

(Ord. No. 3748, § 3, 10-28-2010; Ord. No. 4079, § 1(Att. A)122., 3-14-2019)

(A)

If architectural planters are to be utilized in fulfillment of the greenspace and buffer area requirements, such use shall not exceed fifty (50) percent of the greenspace and buffer area requirements. An architectural planter is either a decorative container that by itself adds aesthetic value, or an individual in-ground planting area surrounded by impervious area, and may be covered with a tree grate. Each architectural planter shall contain at least one (1) approved tree. All planters shall have a minimum planting surface area of ten (10) square feet and depth of not less than three (3) feet. Architectural planters must be provided with adequate soil, so that depth, texture, structure and pH is capable of providing a compatible growing medium for the proposed tree. The replacement of architectural planters and the trees planted within them, as later maintenance needs arise, shall require City approval, at no cost to the applicant, to ensure that the owner replaces them with acceptable new planters and trees that meet Code requirements. Any such replacement of architectural planters and the trees within them shall require a final inspection by the City.

(B)

Where space is limited on a developed lot, trellises may be utilized in fulfillment of the greenspace and buffer area requirements, but such use shall not exceed twenty-five (25) percent of the greenspace and buffer area requirements. Trellises may be installed in landscape beds along the sides of buildings and other visible locations to enhance a landscape design. Trellises must be designed so as not to obstruct vehicular visibility on the owner's or agent's lot or on neighboring lots. Landscape credit for trellises is calculated as the vertical area of the face of the trellis.

(C)

The removal of asphalt or concrete to achieve compliance with interior greenspace and buffer area requirements is encouraged, but shall not be required if the removal of asphalt or concrete would result in the loss of parking spaces, or substantially impede the operation of the vehicular use area.

(D)

All landscape areas shall be protected from vehicular encroachment through the installation of at least six-inch high concrete curbing or other similar barrier acceptable to the City Manager.

(E)

For existing lots landscaped under landscaping standards effective prior to the adoption of this Section which cannot satisfy any given landscaping requirement(s) (ex: VUA interior, perimeter buffer, streetscape) of this Section due to physical site constraints, said landscape requirement(s) may be mitigated on other parts of the lot where the constraints do not exist. For example, the perimeter landscape area over and above the minimum requirement may be substituted for interior landscaping requirements on a pro rata basis, where such interior requirements cannot be met.

(F)

This Section shall not apply to the front of any existing lot landscaped under landscaping standards effective prior to the adoption of this Section that contains buildings with zero lot line walls and/or building fronts that extend to the street right-of-way line (particularly on lots with widths of fifty (50) feet or less), but only as to that portion of the lot where there is no space to create landscape beds or to place planters or trellises. However, in that event, the landscape upgrading required by this Section shall be installed on such lots in the rear parking area(s).

(Ord. No. 3748, § 3, 10-28-2010)

(A)

In any case where the strict application of the requirements of this Section present an undue hardship, the City Council, or the Community Redevelopment Agency (for lots located within the Community Redevelopment Area) may waive one (1) or more of the requirements imposed under this Section. An application for a landscape waiver shall be submitted to the Zoning Director, and shall include a letter of explanation of the circumstances necessitating the waiver. A site plan of the property identifying existing landscaping, as well as any proposed required landscaping, shall be submitted with applicable fees.

(B)

In determining whether any requirements of this Section should be waived, the City Council or Community Redevelopment Agency, as applicable, shall consider the following criteria:

1.

Purpose of Requirement. Whether the purpose of the requirement is otherwise fully achieved, or more important purposes of this Ordinance, the Comprehensive Plan, or the Community Redevelopment Plan will be served thereby, or the requirement serves no valid public purpose in the particular case;

2.

Public Interest, Adjacent Property. Whether the waiver will create an adverse impact; on the public interest or on the adjacent property, and whether all necessary alternative measures shall be taken by the applicant to prevent any such impact;

3.

Property Size Configuration, Natural Feature. Whether the size, configuration, and/or natural features of the property involved present a hardship on the development of the property;

4.

Surrounding Property. The size, character, configuration, zoning, natural features of and use of the surrounding property; and

5.

Hardship. Whether the need for the waiver is the result of a self-imposed hardship.

(C)

The City Council, or Community Redevelopment Agency, as applicable, may approve, approve with conditions, or deny the waiver based on the standards set forth above. The granting of any waiver may be subject to appropriate conditions and safeguards in conformity with this Section, and may include a requirement that the developer install additional buffering in order to reduce or eliminate the adverse impact of the proposed use upon the adjacent uses and to the neighborhood.

The type of conditions that may be applied to waivers of Section 18-1533.21, "Alternative Landscape Requirements for Lots Located in the Community Redevelopment Area", include, but are not limited to, providing for some amount of landscape upgrading, which may include tree(s) in architectural planters, installation of trellises, installation of hanging baskets with living plants, or a combination of these. Where the City Council, or Community Redevelopment Agency, as appropriate, approves or approves with conditions a waiver of Landcaping requirements pursuant to this Section, a cash payment shall be deposited into the Tree Bank account equal to the cost of materials (plants, soil amendments, ground anchors etc.) and installation (labor) that would be borne by the developer/contractor for establishing the buffer requested to be waived. In this case, the developer shall provide to the Zoning Division a schedule of the itemized cost of materials and labor required to install the buffer that is the subject of the requested waiver. Said schedule shall be signed and sealed by a professional engineer, architect, landscape architect or certified/licensed arborist.

Violation of such conditions and safeguards, when made a part of the terms under which the waiver is approved, shall be deemed a violation of this Article.

(D)

EXPIRATION. Approval of a waiver as required by this Section shall expire and be void one (1) year after the date of such approval unless (i) a valid building permit(s) for construction is then in effect, or (ii) occupancy has not been lawfully established on the site. Additionally, the applicant must complete all landscape conditions as required by the City Council or Community Redevelopment Agency within one (1) year of the date of approval or prior to the issuance of a final certificate of occupancy, whichever occurs first.

(Ord. No. 3748, § 3, 10-28-2010)