It is the purpose and intent of this article to improve the appearance of certain setback and yard areas including off-street vehicular parking and private service areas in the town, to protect and preserve the appearance, character, and value of the surrounding neighborhoods, and thereby promote the general welfare by providing for installation and maintenance of landscaping for screening and elimination of visual pollution.

(Code 1983, § 155.02; Code 1996, § 26-626)

(a)

Legal remedies. In addition to the penalties and enforcement procedures provided in section 1-13, the town council may institute any civil action or proceeding to prevent, restrain or abate the following acts:

(1)

The unlawful construction, erection, reconstruction, alteration, rehabilitation, expansion, maintenance, or use of any building, structure, or parking area.

(2)

The occupancy or use of a building, structure, or parking area.

(3)

The illegal act, conduct, business, or use of, in or about the premises.

(b)

Administrative remedies. The building code administrator shall have the authority to issue cease and desist orders in the form of written official notices given to the owner of the subject building, property, or premises, or to his agent, lessee, tenant, contractor, or any person using the land, building, or premises where the violation has been committed or shall exist.

(Code 1983, § 155.36; Code 1996, § 26-627)

The town council, by itself or through the building code administrator, shall adopt procedures for enforcing and administering this article and to employ those persons necessary for its administration and enforcement.

(Code 1983, § 155.30; Code 1996, § 26-646)

Except for single-family dwellings, prior to the issuance of any building permit under the provisions of this article and the town building code, a landscape plan shall be submitted to and approved by the building code administrator and the architectural review board.

(Code 1983, § 155.31(A); Code 1996, § 26-647)

All decisions by the building code administrator concerning the issuance, revocation, or suspension of building permits and certificates of occupancy in connection with the enforcement of the provisions of this article shall be stated in an official written notice to the permit applicant. Any decision of an administrative official may be appealed to the board of adjustment.

(Code 1983, § 155.33(B); Code 1996, § 26-648)

Appeals to the board of adjustment from decisions made pursuant to this article may be taken by any person aggrieved or by any officer of the town affected by any decision of the building code administrator.

(Code 1983, § 155.34; Code 1996, § 26-649)

(a)

If the landscaping requirements of this article have not been complied with at the time that a certificate of occupancy is requested, the building code administrator, upon finding justifiable excuse for the noncompliance, may enter into an agreement, in a form approved by the town attorney, wherein the owner or his agent will agree and warrant that the provisions and requirements of this article will be complied with within a specified time, which shall not exceed six months.

(b)

To secure the performance of the agreement authorized by this section, the owner or his agent shall post a performance bond with a surety approved by the building code administrator and town attorney, in an amount equal to 100 percent of the contract cost for the furnishing and installation of the required landscape materials, including other attendant costs incidental to the installation of the required landscaping. The contract by which the costs shall be determined shall be a written agreement between the owner or his agent and a landscape contractor licensed to do business in the county, providing for the furnishing and installation of the required landscape materials. The obligations of the surety for the performance of the contract shall run to the town.

(Code 1983, § 155.32; Code 1996, § 26-650)

The landscape plan shall be drawn to scale, including dimensions and distances, and shall clearly delineate the existing and proposed parking spaces, or other vehicular use areas, access aisles, driveways, sprinklers, or water outlet locations, and the location, size, and description of all other landscape materials, the location and size of buildings, if any, to be served, and shall designate by name and location the plant material to be installed or, if existing, to be used in accordance with the requirements of this article. No building permit shall be issued for a building or paving unless the landscape plot plan complies with the provisions of this article.

(Code 1983, § 155.31(B); Code 1996, § 26-666)

All landscaping shall be installed according to accepted horticultural procedures with the quality of plant materials as described in this article. All elements of landscaping exclusive of plant material, except hedges, shall be installed so as to meet all other applicable ordinances and Code requirements. The building code administrator shall inspect all landscaping and no certificates of occupancy or similar authorization will be issued unless the landscaping meets the requirements provided in this article.

(Code 1983, § 155.15; Code 1996, § 26-667)

The owner and occupant shall be responsible for the maintenance of all landscaping, which shall be maintained in good condition so as to present a healthy, neat, and orderly appearance and shall be kept free from refuse and debris. All landscaped areas shall be provided with a readily available water supply.

(Code 1983, § 155.16; Code 1996, § 26-668)

(a)

Quality. Plant materials used in conformance with the provisions of this article shall conform to the 1973 edition of Grades and Standards for Nursery Plants, part I, and part II, Palms and Trees, State of Florida, Department of Agriculture and Consumer Services. Grass sod shall be clean and reasonably free of weeds and noxious pests or diseases. Grass seed shall be delivered to the job site in bags with state department of agriculture tags attached indicating the seed grower's compliance with the department's quality control program.

(b)

Trees.

(1)

Trees shall be of a species having an average mature spread of crown in the county of greater than 15 feet and having trunks which can be maintained in a clean condition over five feet of clear wood. Trees having an average mature spread of crown less than 15 feet may be substituted by grouping the trees so as to create the equivalent of a 15-foot crown spread. Palms shall be considered trees and exempt from the 15-foot crown spread criterion.

(2)

Tree species shall be a minimum of eight feet in overall height immediately after planting. Trees, as set forth in subsection (b)(3) of this section, with roots known to cause damage to public roadways or other public works shall not be planted closer than 12 feet to public improvements, unless the tree root system is completely contained within a barrier for which the minimum interior dimensions shall be 25 square feet and for which the construction requirements shall be four-inch-thick concrete reinforced with No. 6 road mesh (six by six by six) or an equivalent approved by the building code administrator.

(3)

Prohibited trees.

a.

Ficus altimmima (lofty fig).

b.

Ficus aurea (Florida strangler fig).

c.

Ficus benjamina (Benjamin fig).

d.

Ficus nitida (Indian laurel fig).

e.

Ficus elastica (Indian rubber fig).

f.

Casuarina equisetifolia (Australian pine).

g.

Casuarina cunninghamiana (Australian pine).

h.

Schinus terebinthifolius (Brazilian pepper).

i.

Melaleuca leucadendra (melaleuca).

(c)

Shrubs and hedges. Shrubs and hedges shall be a minimum of 18 inches in height when measured immediately after planting. Hedges, where required, shall be planted and maintained so as to form a continuous, unbroken, solid, visual screen within a maximum of one year after time of planting.

(d)

Vines. Vines shall be a minimum of two feet in height immediately after planting and may be used in conjunction with fences, screens, or walls to meet physical barrier requirements as specified.

(e)

Ground cover. Ground covers, either vegetative or nonliving, used in whole or in part, shall present a finished appearance and reasonably complete coverage within three months after planting. However, when slow maturing ground covers are used, they shall be mulched.

(f)

Lawn grass. Grass areas shall be planted in species normally grown as permanent lawns in the county. Grass areas may be sodded, sprigged, or seeded except that solid sod or other acceptable erosion control measures shall be used in swales or other areas subject to erosion.

(Code 1983, § 155.17; Code 1996, § 26-669)

A strip of land at least five feet in depth located between the abutting right-of-way and the off-street parking area or other vehicular use area which is exposed to an abutting right-of-way shall be landscaped, the landscaping to include one tree for each 40 linear feet or fraction thereof.

(Code 1983, § 155.18; Code 1996, § 26-670)

The maximum width of an accessway, whether one-way or two-way traffic, through the required perimeter landscape strip to an off-street parking or other vehicular use area shall be 35 feet. The remainder of the street frontage, exclusive of accessways, shall be landscaped in accordance with the provisions of this article.

(Code 1983, § 155.19; Code 1996, § 26-671)

(a)

Off-street parking areas shall have at least 20 square feet of interior landscaping for each parking space, excluding those spaces abutting a perimeter for which landscaping is required by other sections of this article and also excluding all parking spaces which are directly served by an aisle abutting and running parallel to a perimeter. Each separate landscaped area shall contain a minimum of 25 square feet and shall have a minimum dimension of five feet and shall include at least one tree having a clear trunk of at least five feet, with the remaining area adequately landscaped with shrubs, ground cover, or other authorized landscaping material not to exceed three feet in height.

(b)

The total number of trees in off-street parking areas shall not be less than one for each 500 square feet or fraction thereof of required interior landscaped area. The landscaped areas shall be located in a manner to divide and break up the expanse of paving.

(Code 1983, § 155.20; Code 1996, § 26-672)