West Palm Beach City Zoning Code

ARTICLE XIV

- LANDSCAPING, LAND CLEARING, TREE PROTECTION, AND ARTIFICIAL TURF

Contents:

Sec. 94-441. - Intent, application, exemptions and conflicts, Florida friendly landscape principles.

Intent. The intent of the landscaping and tree protection requirements of this article is:

1.
To establish standards to protect and to enhance community appearance by the installation of appropriate landscaping and screening materials within the city;
2.
To promote the conservation of water by encouraging the preservation of native plant communities and ecosystems, the use of site specific plant materials, the utilization of Florida friendly landscape principles;
3.
To maintain permeable land areas essential to surface water management and aquifer recharge;
4.
To protect and expand the community wide tree canopy;
5.
To maintain and increase the value of land by incorporating a minimum amount of landscaping into development;
6.
To establish parameters for the use of artificial turf;
7.
To eradicate or control certain exotic and invasive plant species which have become nuisances because of their tendency to damage public and private works, have a negative effect upon public health, or disrupt and destroy native ecosystems;
8.
To encourage prudent and skilled workmanship for the installation and maintenance of all plant materials;
9.
To promote energy conservation through design placement of trees and shrubs, achieving cooling through the provision of shade, thereby helping to offset global warming and local heat island effects,
10.
To establish procedures and standards for the administration and enforcement of this article.

Application. The landscaping, tree protection, and screening requirements of this section shall apply to all development within the city, except those developments exempted in subsection (c) of this section regarding exemptions.

Exemptions. The following development shall be exempt from the standards of this article:

1.
Buildings or structures accessory to single-family or duplex development.
2.
Renovations, repair, alteration or redevelopment which does not exceed 50 percent of the value of the structure.
3.
Tee, fairway, putting green and other natural or manmade landscape features of a golf course development. The clubhouse, vehicular use areas and other nongreen areas however, shall conform to the requirements of this article.
4.
Developments only when specifically noted by this chapter.

Florida friendly landscaping. Florida friendly landscaping is considered to be implementation of the following principles, which are described in more detail in the Florida Yards and Neighborhood Handbook , developed by the University of Florida, IFAS Extension Services and the Florida Department of Environmental Protection:

1.
The right plant in the right place by selecting plants that match the sites soil, light, water and climate conditions, with an aim for a diversity of trees, shrubs, groundcover and flowers, and plants that welcome wildlife.
2.
More efficient irrigation by grouping plants with similar watering needs together and zoning the irrigation system accordingly.
3.
Fertilize in compliance with the requirements of this Code at chapter 34, article V, Florida friendly fertilizer use.
4.
Maintain landscape beds well mulched with at least two inches of space around tree trunks to prevent rot, using sustainably harvested mulch, such as melaleuca, pine straw or eucalyptus.
5.
Attract wildlife by selecting plants with seeds, fruit, foliage, flowers or berries that animals can eat; increasing vertical layering of vegetation; and reducing insecticide use.
6.
Utilize integrated pest management principles by selecting pest-resistant plants, spot treating pests with selective spectrum pesticide applied in accordance with label instructions.
7.
Compost and re-cycle yard waste and debris.
8.
Retain rainfall and irrigation with shallow rain gardens or swales; direct downspouts toward garden area and utilize permeable material for walkways, driveways and patios.
9.
Protect water bodies by not mowing or utilizing pesticides within ten feet of a water body.

Conflicts. If the provisions of this article conflict with other ordinances, regulations or sections of this chapter, the more stringent limitation or requirement shall govern or prevail to the extent of the conflict.

(Code 1979, § 33-160; Ord. No. 4420-12, § 3, 6-11-2012; Ord. No. 4433-12, § 2, 9-18-2012; Ord. No. 4449-13, § 25, 3-19-2013; Ord. No. 4689-17, § 1, 4-11-2017; Ord. No. 4756-17, § 1, 1-12-2018)

Sec. 94-442. - Open space landscape requirements.

Intent. The intent of this section is to provide standards for landscaping open space areas when required by this chapter.

Landscape plans .

1.
Landscape plans, excluding those prepared for single-family dwelling units, shall be prepared by persons as authorized by F.S. ch. 481, pt. II (landscape architecture).
2.
Landscape plan requirements. When required, a landscape plan shall contain the following:
1. a.
  Date, north arrow, and graphic scale.
2. b.
  The location of all existing or proposed structures, improvements, and uses.
3. c.
  The location of property lines, existing or proposed setback.
4. d.
  The location of existing or proposed underground or overhead utility services.
5. e.
  Location of all proposed trees, shrubs, ground covers, and other landscape materials.
6. f.
  The common and botanical name, size, and location of all trees and vegetation on the site. A table showing the size and quantity of all proposed landscape materials. A key which identifies all landscape materials shown on the plan.
7. g.
  Tabulation clearly displaying the relevant statistical information necessary for the evaluation of compliance with the provisions of this article. This includes gross acreage or square footage, gross open space, square footage of preservation areas, square footage of paved and landscaped areas, and such other information as the city deems appropriate.
8. h.
  Phasing of the site including any temporary landscaping.
9. i.
  Location and width of any proposed dedication of property for public rights-of-way.
10. j.
  Location and screening of all garbage receptacles.
11. k.
  Location, dimensions and screening of all proposed satellite dishes and ground mounted mechanical and utility equipment.
12. l.
  Delineation of the existing and proposed parking spaces, or other vehicular use areas, access aisles, driveways, terminal islands, interior islands, divider medians and similar features.
13. m.
  Delineation of irrigation coverage, sensors location and high, medium and low zones of water usage if taking credit for these items in Florida friendly landscaping section; and details of the cross section of root ball and staking detail.
14. n.
  Statement that all landscaped areas, excluding those areas with native noninvasive plants, will be provided with permanent, automatic irrigation.
15. o.
  A tabulation clearly displaying each technique and method proposed to satisfy the Florida friendly landscape point system requirement and its accompanying point allocation.
16. p.
  Nature of adjacent land uses.
17. q.
  Existing landscaping on adjacent properties within ten feet of the property line.
18. r.
  Information on protection of existing trees, relocation and removal of existing trees, and mitigation proposed.

General standards. All open space, as required by this chapter, shall be landscaped as provided in this section.

1.
Landscaping generally. All open space, excluding vehicular and pedestrian circulation features and surface parking, shall be covered with natural grass, ground cover, shrubbery, or other suitable plant material, or may have paved active recreation areas, patios, terraces, pedestrian circulation areas, swimming pools, water features, and similar site components incorporated in the open space designs. Artificial turf shall only be permitted and installed in accordance with the standards of section 94-451.
2.
General landscaping standards for single-family dwelling units and all other developments. General landscaping standards for single-family dwelling units and all other developments shall be as follows:
1. a.
  Single-family dwelling units. For single-family and duplex dwelling units, at least one shade or flowering tree shall be planted for each 1,000 square feet of open space or portion thereof. At least one shrub shall be planted for each 500 square feet of open space or portion thereof. Front yards shall be landscaped to meet the requirements of section 94-482(a).
2. b.
  All other developments. The general landscaping standards for all other developments shall be as follows:
  1. 1.
    Trees. At least one shade tree shall be planted for each 1,500 square feet of required open space or portion thereof. At least one flowering tree shall be planted for each 6,000 square feet of required open space or portion thereof. Required trees may be planted at uniform intervals, at random, or in groupings. The calculation of trees for this provision may include those required for buffering, screening, or to improve aesthetics within the site.
  2. 2.
    Shrubs. At least one shrub shall be planted for each 500 square feet of required open space or portion thereof.
  3. 3.
    Natural grass. Grass areas shall not exceed 60 percent of the required landscape area.
3.
Amount of plant material required. The total open space area required shall determine the number of trees and shrubs to be planted. Required open space is established by each zoning district's regulations set forth in this Code. The total amount of plant material required shall not be affected by that portion of the open space area devoted to active recreation purposes, patios, terraces, pedestrian circulation, and similar amenities.

Substitution of palm trees. Palm trees may be substituted for not more than 35 percent of the shade or flowering trees required by this article. However, when palm trees are substituted for shade trees, three palm trees shall be provided for each required shade tree. This 3:1 substitution shall not be required for Royal Palm Trees (Roystonea spp.), Senegal Date Palm (Phoenix reclinata), Medjool Date Palm (Phoenix dactylifera), Bismarck Palm (Bismarckia nobilis), and Silver Date Palm (Phoenix sylvestris).

Landscaping of public rights-of-way. Public rights-of-way between street or sidewalk surfaces or private areas that serve as an extension of public space shall be planted with groundcover approved by the city or natural grass per the requirements of section 94-445(4)(c). Grass areas shall be sodded. The planting of trees and shrubs within public rights-of-way is subject to the approval of the city.

Clear vision requirements. Landscaping shall be installed in accordance with the clear vision requirements of subsection 94-305(e).

Florida-friendly landscape requirements. All new developments except for those exempt pursuant to subsection 94-441(c) shall be required to apply certain Florida-friendly landscape techniques for landscaping prior to receiving a certificate of occupancy. The adopted design options and the accompanying points used to meet the Florida-friendly landscape requirements shall be clearly tabulated on the landscape plan. Such a landscape plan must satisfy a minimum total of 25 points for a single-family dwelling unit and a minimum of 50 points for all other developments from the following list of options. Plants may only be counted once for credit toward drought tolerant or Florida native plant points.

DESIGN OPTIONS:			POINTS
(1)	Utilization of moisture sensing controller other than rainswitch, alternate source of water such as a cistern, or highly efficient system that promotes water conservation.		10
(2)	Plan submitted with low, moderate, and high water usage zones indicated.		5
(3)	Groundcover or Grass:
	a.	25—50 percent of the groundcover or grass areas are made up of natural drought tolerant species from the list*	5
	b.	51 percent or more of the groundcover or grass areas are made up of natural drought tolerant grass species from the list*	10
	c.	25—50 percent of the groundcover or grass areas are made up of Florida native plants.	10
	d.	51 percent or more of the groundcover or grass areas are made up of Florida native plants.	15
(4)	Shrubs:
	a.	25—50 percent of the required shrubs are made up of natural drought tolerant species from the list*	5
	b.	51 percent or more of the required shrubs are made up of natural drought tolerant species from the list*	10
	c.	25—50 percent of the required shrubs are made up of Florida native plants.	10
	d.	51 percent or more of the required shrubs are made up of Florida native plants.	15
(5)	Trees:
	a.	25—50 percent of the required trees are made up of natural drought tolerant species from the list*	5
	b.	51 percent or more of the required trees are made up of natural drought tolerant species from the list*	10
	c.	25—50 percent of the required trees are made up of Florida native plants.	10
	d.	51 percent or more of the required trees are made up of Florida native plants.	15
(6)	Extra shade trees in vehicular use areas:
	a.	25 percent more than the required shade trees planted in the vehicular use areas.	5
	b.	50 percent more than the required shade trees planted in the vehicular use areas.	10
(7)	Natural sod area less than 50 percent of provided landscape area.		10
(8)	Utilization of compacted mulched planting beds at least three inches in depth in all planted areas except ground covers.		5
NOTES:
*The list of drought tolerant natural grass, shrubs, and tree species is contained in Waterwise, the South Florida Water Management District plant and landscape practices guide, as may be amended. Additional low water use plant species may be accepted with verified documentation. These species should however, not include invasive species. A listing of these drought tolerant species may also be obtained from the planning department.

DESIGN OPTIONS:			POINTS
(1)	Utilization of moisture sensing controller other than rainswitch, alternate source of water such as a cistern, or highly efficient system that promotes water conservation.		10
(2)	Plan submitted with low, moderate, and high water usage zones indicated.		5
(3)	Groundcover or Grass:
	a.	25—50 percent of the groundcover or grass areas are made up of natural drought tolerant species from the list*	5
	b.	51 percent or more of the groundcover or grass areas are made up of natural drought tolerant grass species from the list*	10
	c.	25—50 percent of the groundcover or grass areas are made up of Florida native plants.	10
	d.	51 percent or more of the groundcover or grass areas are made up of Florida native plants.	15
(4)	Shrubs:
	a.	25—50 percent of the required shrubs are made up of natural drought tolerant species from the list*	5
	b.	51 percent or more of the required shrubs are made up of natural drought tolerant species from the list*	10
	c.	25—50 percent of the required shrubs are made up of Florida native plants.	10
	d.	51 percent or more of the required shrubs are made up of Florida native plants.	15
(5)	Trees:
	a.	25—50 percent of the required trees are made up of natural drought tolerant species from the list*	5
	b.	51 percent or more of the required trees are made up of natural drought tolerant species from the list*	10
	c.	25—50 percent of the required trees are made up of Florida native plants.	10
	d.	51 percent or more of the required trees are made up of Florida native plants.	15
(6)	Extra shade trees in vehicular use areas:
	a.	25 percent more than the required shade trees planted in the vehicular use areas.	5
	b.	50 percent more than the required shade trees planted in the vehicular use areas.	10
(7)	Natural sod area less than 50 percent of provided landscape area.		10
(8)	Utilization of compacted mulched planting beds at least three inches in depth in all planted areas except ground covers.		5
NOTES:
*The list of drought tolerant natural grass, shrubs, and tree species is contained in Waterwise, the South Florida Water Management District plant and landscape practices guide, as may be amended. Additional low water use plant species may be accepted with verified documentation. These species should however, not include invasive species. A listing of these drought tolerant species may also be obtained from the planning department.

DESIGN OPTIONS:			POINTS
(1)	Utilization of moisture sensing controller other than rainswitch, alternate source of water such as a cistern, or highly efficient system that promotes water conservation.		10
(2)	Plan submitted with low, moderate, and high water usage zones indicated.		5
(3)	Groundcover or Grass:
	a.	25—50 percent of the groundcover or grass areas are made up of natural drought tolerant species from the list*	5
	b.	51 percent or more of the groundcover or grass areas are made up of natural drought tolerant grass species from the list*	10
	c.	25—50 percent of the groundcover or grass areas are made up of Florida native plants.	10
	d.	51 percent or more of the groundcover or grass areas are made up of Florida native plants.	15
(4)	Shrubs:
	a.	25—50 percent of the required shrubs are made up of natural drought tolerant species from the list*	5
	b.	51 percent or more of the required shrubs are made up of natural drought tolerant species from the list*	10
	c.	25—50 percent of the required shrubs are made up of Florida native plants.	10
	d.	51 percent or more of the required shrubs are made up of Florida native plants.	15
(5)	Trees:
	a.	25—50 percent of the required trees are made up of natural drought tolerant species from the list*	5
	b.	51 percent or more of the required trees are made up of natural drought tolerant species from the list*	10
	c.	25—50 percent of the required trees are made up of Florida native plants.	10
	d.	51 percent or more of the required trees are made up of Florida native plants.	15
(6)	Extra shade trees in vehicular use areas:
	a.	25 percent more than the required shade trees planted in the vehicular use areas.	5
	b.	50 percent more than the required shade trees planted in the vehicular use areas.	10
(7)	Natural sod area less than 50 percent of provided landscape area.		10
(8)	Utilization of compacted mulched planting beds at least three inches in depth in all planted areas except ground covers.		5
NOTES:
*The list of drought tolerant natural grass, shrubs, and tree species is contained in Waterwise, the South Florida Water Management District plant and landscape practices guide, as may be amended. Additional low water use plant species may be accepted with verified documentation. These species should however, not include invasive species. A listing of these drought tolerant species may also be obtained from the planning department.

DESIGN OPTIONS:			POINTS
(1)	Utilization of moisture sensing controller other than rainswitch, alternate source of water such as a cistern, or highly efficient system that promotes water conservation.		10
(2)	Plan submitted with low, moderate, and high water usage zones indicated.		5
(3)	Groundcover or Grass:
	a.	25—50 percent of the groundcover or grass areas are made up of natural drought tolerant species from the list*	5
	b.	51 percent or more of the groundcover or grass areas are made up of natural drought tolerant grass species from the list*	10
	c.	25—50 percent of the groundcover or grass areas are made up of Florida native plants.	10
	d.	51 percent or more of the groundcover or grass areas are made up of Florida native plants.	15
(4)	Shrubs:
	a.	25—50 percent of the required shrubs are made up of natural drought tolerant species from the list*	5
	b.	51 percent or more of the required shrubs are made up of natural drought tolerant species from the list*	10
	c.	25—50 percent of the required shrubs are made up of Florida native plants.	10
	d.	51 percent or more of the required shrubs are made up of Florida native plants.	15
(5)	Trees:
	a.	25—50 percent of the required trees are made up of natural drought tolerant species from the list*	5
	b.	51 percent or more of the required trees are made up of natural drought tolerant species from the list*	10
	c.	25—50 percent of the required trees are made up of Florida native plants.	10
	d.	51 percent or more of the required trees are made up of Florida native plants.	15
(6)	Extra shade trees in vehicular use areas:
	a.	25 percent more than the required shade trees planted in the vehicular use areas.	5
	b.	50 percent more than the required shade trees planted in the vehicular use areas.	10
(7)	Natural sod area less than 50 percent of provided landscape area.		10
(8)	Utilization of compacted mulched planting beds at least three inches in depth in all planted areas except ground covers.		5
NOTES:
*The list of drought tolerant natural grass, shrubs, and tree species is contained in Waterwise, the South Florida Water Management District plant and landscape practices guide, as may be amended. Additional low water use plant species may be accepted with verified documentation. These species should however, not include invasive species. A listing of these drought tolerant species may also be obtained from the planning department.

(Code 1979, § 33-161; Ord. No. 4066-07, § 3, 10-22-2007; Ord. No. 4420-12, § 3, 6-11-2012; Ord. No. 4433-12, § 2, 9-18-2012; Ord. No. 4689-16, § 2, 4-11-2017; Ord. No. 4756-17, § 2, 2-12-2018)

Sec. 94-443. - Nonresidential and multifamily screening and buffering requirements.

Buffering of nonresidential uses adjacent to residential property. The owner of property used for nonresidential purposes located adjacent to a residential zoning district shall install and maintain along the entire property line a protective screen wall and a landscaped buffer. For the purposes of this provision, nonresidential uses does not include park uses. Protective screen walls and buffers are required to meet or exceed the specifications of this section. The property owner of the nonresidential property may have the required protective screen wall waived if a notarial waiver is duly signed under seal by all abutting landowners waiving objection to the existence of an unwalled nonresidential use.

1.
Protective screen walls .
1. a.
  Walls shall be at least five feet in height, except, when erected within 20 feet of a residential front property line, shall be reduced to 30 inches in height. Walls shall be constructed of brick, decorative concrete, other decorative masonry, or comparably durable and aesthetic wood or metal, excluding metal or wood slats in chainlink fences.
2. b.
  Walls shall not contain any openings except those gates or similar means of access that may be approved in the course of site plan review.
3. c.
  Walls shall extend the full length of the nonresidential property adjacent to a residential district. Walls in excess of 30 inches in height shall not be erected within 20 feet of a residential front property line. The five-foot wide landscape buffer shall be installed between the required wall and the property line when an alley separates the nonresidential property and the residential district.
2.
Landscape buffer .
1. a.
  All landscape buffers shall be a minimum of five feet in width.
2. b.
  All portions of the landscape buffer shall be covered with natural grass, ground cover, shrubbery, mulch, or other suitable live plant material.
3. c.
  At least one shade or flowering tree shall be planted in a required buffer for each 30 linear feet or portion thereof. Required shade or flowering trees may be planted at intervals or may be clustered if clustering improves the effectiveness of the buffer. Required trees to serve as a landscape buffer adjacent to a residential zoning district must be visible from the opposite side of the wall to enhance the buffering effect. Clustering of required trees shall be subject to city approval. If there is additional landscape area adjacent to the buffer strip, required trees may be placed adjacent to the buffer strip to allow a greater area for tree development.
4. d.
  Hedges shall be planted in a required landscape buffer at two-foot intervals or clustered if the effectiveness of the buffer is improved.
5. e.
  The amount of required plant material and of required buffer length shall be measured along the centerline of the buffer.
6. f.
  Required trees, hedges and shrubs may not be clustered when planted next to buffer parking lots.

Buffering of nonresidential uses adjacent to a public thoroughfare and nonresidential zoning district. The owner of property used for nonresidential purposes shall install and maintain a landscaped buffer strip along the entire edge of property adjacent to a public thoroughfare and other nonresidential zoning districts. The buffer strip shall be designed and landscaped as follows:

1.
For industrial uses and uses in industrial districts, the buffer strip shall be at least ten feet wide along the edge of property when adjacent to a public thoroughfare and at least five feet wide along the edge of property when adjacent to nonresidential zoning districts. For all other nonresidential uses, the buffer strip shall be at least five feet wide along the entire edge of property when adjacent to a public thoroughfare, and when adjacent to nonresidential zoning districts.
2.
The buffer strip may not be interrupted by more than 25 percent of its required length to provide for signs or vehicular ingress and egress. This provision may be waived by the planning and zoning administrator to accommodate normal vehicular ingress and egress for properties possessing less than 100 feet of frontage along a thoroughfare. However, not more than 50 percent of this requirement may be waived.
3.
Trees, shrubs, natural grass, ground cover, or other suitable live plant material shall be planted over the entire buffer strip area. However, paving may be used in areas of intensive pedestrian circulation.
4.
At least one shade or flowering tree shall be planted in a required buffer strip for each 30 linear feet or portion thereof. Paved areas used for pedestrian circulation and vehicular access shall be included when calculating the length of the buffer strip. Trees may be clustered or planted irregularly as deemed appropriate. Clustering of required trees shall be subject to city approval.
5.
To determine the amount of required plant material, the required buffer strip length shall be measured along the centerline of the buffer.

Screening and landscaping for vehicular use areas. The owner of property that contains vehicular use areas shall install and maintain a landscape buffer when such uses are adjacent to or visible from a public thoroughfare. Vehicular use areas for multifamily residential uses shall provide an additional decorative wall when such uses are adjacent to a residential zoning district. Screening and landscaping shall be installed as required by the following:

1.
A decorative wall: Vehicular use areas shall be screened from residential uses and districts by a 36-inch high brick, decorative concrete, other decorative masonry, or comparably durable wood or metal wall around the periphery. The screen does not include metal or wood slats in chainlink fences. The wall may not be interrupted along more than 20 percent of required length to provide vehicular ingress and egress; however, this provision may be waived to accommodate normal vehicular ingress and egress for properties possessing minimal frontage.
2.
A landscaped buffer. Vehicular use areas shall be screened from thoroughfares and residential uses and districts by a landscape buffer of at least five feet in width. Hedges shall be planted within the landscape buffer and are subject to the requirements of subsection 94-445(4)e. Shade trees must be planted at 30-foot intervals. The requirements of this section shall not apply when property lines are adjacent to an existing structure.

TABLE XIV-1: MINIMUM REQUIRED LANDSCAPE BUFFER FOR THE VARIOUS ZONING DISTRICTS
ADJOINING PROPOSED	MULTIFAMILY	COMMERCIAL	INDUSTRIAL	PUBLIC THOROUGHFARE
Multifamily ≤ 4 units		0	0	Setback
Multifamily > 4 units	5 feet	5 feet	5 feet	10 feet
Commercial	5 feet plus 5-foot high wall	5 feet	5 feet	5 feet
Industrial	5 feet plus 5-foot high wall	5 feet	5 feet	10 feet
Vehicular use areas	5 feet plus 3-foot high wall	5 feet	5 feet	5 feet

TABLE XIV-1: MINIMUM REQUIRED LANDSCAPE BUFFER FOR THE VARIOUS ZONING DISTRICTS
ADJOINING PROPOSED	MULTIFAMILY	COMMERCIAL	INDUSTRIAL	PUBLIC THOROUGHFARE
Multifamily ≤ 4 units		0	0	Setback
Multifamily > 4 units	5 feet	5 feet	5 feet	10 feet
Commercial	5 feet plus 5-foot high wall	5 feet	5 feet	5 feet
Industrial	5 feet plus 5-foot high wall	5 feet	5 feet	10 feet
Vehicular use areas	5 feet plus 3-foot high wall	5 feet	5 feet	5 feet

TABLE XIV-1: MINIMUM REQUIRED LANDSCAPE BUFFER FOR THE VARIOUS ZONING DISTRICTS
ADJOINING PROPOSED	MULTIFAMILY	COMMERCIAL	INDUSTRIAL	PUBLIC THOROUGHFARE
Multifamily ≤ 4 units		0	0	Setback
Multifamily > 4 units	5 feet	5 feet	5 feet	10 feet
Commercial	5 feet plus 5-foot high wall	5 feet	5 feet	5 feet
Industrial	5 feet plus 5-foot high wall	5 feet	5 feet	10 feet
Vehicular use areas	5 feet plus 3-foot high wall	5 feet	5 feet	5 feet

TABLE XIV-1: MINIMUM REQUIRED LANDSCAPE BUFFER FOR THE VARIOUS ZONING DISTRICTS
ADJOINING PROPOSED	MULTIFAMILY	COMMERCIAL	INDUSTRIAL	PUBLIC THOROUGHFARE
Multifamily ≤ 4 units		0	0	Setback
Multifamily > 4 units	5 feet	5 feet	5 feet	10 feet
Commercial	5 feet plus 5-foot high wall	5 feet	5 feet	5 feet
Industrial	5 feet plus 5-foot high wall	5 feet	5 feet	10 feet
Vehicular use areas	5 feet plus 3-foot high wall	5 feet	5 feet	5 feet

1. 3.
  Off-street parking lots. Off-street parking lots containing at least 12 interior parking spaces shall contain landscape areas. The total size of such landscaped areas shall be equal to ten square feet for each parking space and shall be provided within the interior of an off-street parking area. A minimum of 75 percent of all trees that are required to be planted within the interior of an off-street parking area shall be category 1 shade trees, as designated in the landscape design manual. The shade trees shall be located in such a manner to produce maximum overhead canopy for the vehicles. All parking lot landscaped areas shall be planted with natural grass, ground cover, shrubbery, or other suitable live plant material. Parking lot landscaped areas shall be designed, planted, and maintained to permit clear vision between the height of two feet and eight feet above grade; however, this requirement shall not apply where the lack of clear vision is not deemed to be a safety hazard. Terminal islands, interior islands and divider medians should be designed to retain maximum water in the turf areas and are subject to the following requirements. Figure XIV-1 is an example of the location and relationship between the parking lot landscape areas and the property.
  1. a.
    Terminal islands. Each row of parking spaces shall be terminated by landscaped islands of not less than eight feet in width and not less than the length of the adjacent parking stall. Each landscaped island shall have a minimum radius of two and one-half feet at its end so as to allow car maneuvering. Each landscaped island shall contain at least one shade or flowering tree per row of parking.
  2. b.
    Interior islands. One interior landscape island shall be required for every ten parking spaces in a row. Interior landscape islands shall be at least eight feet wide measured inside the curb and shall contain at least one shade or flowering tree per row of parking.
  3. c.
    Divider medians. Divider medians shall be provided within the landscape area if there are more than three consecutive rows of parking, and they shall form a continuous landscaped strip between abutting rows of parking spaces. The divider strips shall be located to provide placement of shade trees to maximize tree canopy coverage for parking spaces. The minimum width of such a divider median shall be eight feet. Shade or flowering trees within a divider median shall be planted at 30-foot intervals. The clustering of divider median trees may be approved by the planning and zoning administrator. The maximum spacing of trees however, shall not exceed 50 feet.
  FIGURE XIV-1:
  LANDSCAPE AREAS FOR PARKING LOTS
  
  FIGURE XIV-1:
  LANDSCAPE AREAS FOR PARKING LOTS
  
  FIGURE XIV-1:
  LANDSCAPE AREAS FOR PARKING LOTS
  
  FIGURE XIV-1:
  LANDSCAPE AREAS FOR PARKING LOTS
2. 4.
  For other paved areas utilized by motor vehicles, including aisles, loading areas, circulation areas and drive-in service areas, additional landscaping shall be provided as follows: four square feet of landscaped area shall be required for each 100 square feet, or fraction thereof.
3. 5.
  Landscape areas and plant materials must be protected from vehicular encroachment by curbs or wheel stops. Parked vehicles shall not extend into a landscaped buffer area that is five or less feet wide unless two additional feet are added to the buffer. The two additional feet of landscaping shall contain no plant, irrigation device, or other object higher than six inches above the top of the curb of subsection (a) of this section. Landscape areas and sidewalks in the vehicular use area shall be designed in accordance with the minimum requirements set forth in Figure XIV-2. The usage of curbs is more preferable to wheel stops. However, wheel stops should be utilized when on-site drainage is a concern. Curbing and usage of wheel stops are subject to the following requirements:
  1. a.
    Curbs. Landscape areas shall be separated from vehicular use areas by non-mountable, concrete curbing of the type characterized as "Type D" in the current edition of the "Roadway and Traffic Design Standards Manual" prepared by the state department of transportation, or curbing of comparable durability. Extruded concrete curb shall not be placed on top of asphalt. Cemeteries shall not be required to provide curbing along internal roadways where such roadways directly abut areas of interment. Public parks and public utility facilities shall not be required to provide curbing along internal roadways. Curbing and wheel stops shall be required for cemeteries, public parks and public utility facilities in parking areas.
  2. b.
    Wheel stops. Landscape areas adjacent to off-street parking areas shall be protected from encroachment or intrusion of vehicles through the use of wheel stops. Wheel stops shall have a minimum height of six inches above the finished grade of the parking area. Wheel stops shall be anchored as approved by the city engineer and shall be continuously maintained in good condition. Only one wheel stop may be used for one parking stall. One-half wheel stop placed in front of a single wheel stall shall not be accepted.
  FIGURE XIV-2:
  DIMENSIONAL REQUIREMENTS AND SPECIFICATIONS FOR CURBS AND WHEEL STOPS
  
  FIGURE XIV-2:
  DIMENSIONAL REQUIREMENTS AND SPECIFICATIONS FOR CURBS AND WHEEL STOPS
  
  FIGURE XIV-2:
  DIMENSIONAL REQUIREMENTS AND SPECIFICATIONS FOR CURBS AND WHEEL STOPS
  
  FIGURE XIV-2:
  DIMENSIONAL REQUIREMENTS AND SPECIFICATIONS FOR CURBS AND WHEEL STOPS
4. 6.
  Parking areas containing more than 40 parking spaces shall have the following options to redistribute landscape area within the parking field to provide additional root zone for shade trees and produce maximum overhead tree canopy for the vehicles.
  1. a.
    Interior landscape islands within the perimeter row of the parking may be eliminated if the tree canopy located adjacent to the perimeter row of spaces has the potential to shade the row of parking spaces. If the corresponding length of landscape area is a required perimeter landscape buffer, it must be a minimum width of eight feet and can be planted with category 1 shade trees without inhibition by utility easements or overhead wires. The landscape area square footage of the eliminated islands must be added to other interior islands or the adjacent landscape buffer.
  2. b.
    The interval of required interior landscape islands may be increased from ten parking spaces to 12 spaces in a row if the landscape island is increased in width to ten feet, and islands are split and alternated for each of two adjacent rows of parking to minimize overlap of tree canopies.

d.
Additional landscaping requirements for multifamily residential uses. The owner of property used for multifamily residential uses shall install and maintain the following landscaping:
1. 1.
  A landscape buffer shall be required for multifamily residential uses adjacent to a public thoroughfare. Such a landscape buffer shall be equal to the setback for properties that contain four or less multifamily dwellings, and at least ten feet in width for properties that contain five or more multifamily dwellings. A landscape buffer of at least five feet in width is also required for properties that contain five or more multifamily dwellings along the multifamily residential use and the adjacent properties. The buffer strip shall be designed and landscaped as required by the following:
  1. a.
    The buffer strip shall not be interrupted at more than 20 percent of its required length to provide vehicular ingress and egress; however, this provision may be waived to accommodate normal vehicular ingress and egress for properties possessing minimal frontage along a thoroughfare;
  2. b.
    All portions of the buffer strip shall be covered with natural grass, ground cover, shrubbery, mulch, or other suitable plant material;
  3. c.
    At least one tree shall be planted in a required buffer strip for each 30 linear feet or portion thereof. Required street trees may be clustered or planted irregularly as deemed appropriate. Clustering of all required trees shall be subject to city approval.
2. 2.
  Shade trees to be planted and landscaped on the exterior of all structures as required by the following:
  1. a.
    At least two shade or flowering trees for each dwelling unit for multifamily residential structures with two to five units per structure, and at least one shade or flowering tree for each dwelling unit for multifamily residential structures with six or more units per structure.
  2. b.
    At least 40 percent of the linear feet around the exterior of all structures shall be planted with trees, shrubs or hedges.
  3. c.
    All remaining, nonpaved areas shall be covered with natural grass, ground cover, mulch or contain beds of preserved native shrubs. Artificial turf shall only be permitted subject to the requirements of section 94-451.

e.
Additional landscaping requirements for nonresidential uses. The owner of property which is used for nonresidential uses shall install and maintain the following landscaping:
1. 1.
  At least 30 percent of the linear feet around the exterior of all commercial structures shall be planted with trees, shrubs or hedges;
2. 2.
  At least 20 percent of the linear feet around the exterior of all industrial structures shall be planted with trees, shrubs or hedges;
3. 3.
  All remaining, nonpaved areas shall be covered with natural grass, ground cover, mulch or contain beds of preserved native shrubs. Artificial turf shall only be permitted subject to the requirements of section 94-451.

(Code 1979, § 33-162; Ord. No. 4191-08, § 2, 12-15-2008; Ord. No. 4420-12, § 3, 6-11-2012; Ord. No. 4660-16, § 10, 12-5-2016; Ord. No. 4689-16, § 3, 4-11-2017; Ord. No. 4756-17, § 3, 2-12-2018)

Sec. 94-444. - Miscellaneous open space standards.

Plazas. Plazas shall be developed and landscaped as provided in this section.

1.
Plazas shall be paved, open, and landscaped areas which provide place for pedestrians to enjoy the out-of-doors.
2.
Pedestrians shall have direct access to the plaza from at least one major thoroughfare and at least 50 percent of the plaza frontage.
3.
Plazas shall be at least 900 square feet in area.
4.
Curb cuts providing motor vehicle access onto a plaza are prohibited; however, plazas may be designed to provide access for emergency vehicles.
5.
At least one tree shall be planted in required plaza for each 900 square feet or portion thereof. Shade trees shall be planted within the plaza area or along the periphery.
6.
At least one linear foot of seating for every 30 square feet of plaza space. Seating surfaces shall have a depth of between 16 and 20 inches.
7.
Ramps shall provide access for the handicapped to all pedestrian and seating areas and shall be in compliance with the Americans with Disabilities Act requirements.
8.
Floors and other plaza surfaces, excluding planting areas, shall be made of concrete or other equally durable impervious surface.

(Code 1979, § 33-163; Ord. No. 4689-16, § 4, 4-11-2017)

Sec. 94-445. - Plant material standards and specifications.

All plant and nonplant material shall meet or exceed the standards and specifications of this section.

1.
Maintenance free material. To the extent practicable, all nonplant material shall be durable and maintenance-free.
2.
Plant quality. Plant materials used pursuant to the provisions of this article shall be equal to or better than Florida Department of Agriculture Number 1 Nursery Grade Standard.
3.
Nonorganic plant materials prohibited. Plastic or other nonorganic plant materials, with the exception of artificial turf, shall be prohibited from use and shall not be in compliance with the spirit or intent of this section. Artificial turf shall be subject to the requirements of section 94-451.
4.
Required plant material specifications.
1. a.
  Shade and flowering trees. Shade and flowering trees planted pursuant to the provisions of this article shall be a minimum of 12 feet in height. Up to ten percent of required trees may be reduced in size to a minimum of ten feet in height based upon species and availability. Native trees may be reduced in height to a minimum of six feet based on species and availability, if the sum of the height of the trees provided is equal to or greater to the sum of the height of the required trees. All instances of limited availability must be verified and certified by the landscape architect.
2. b.
  Palm trees. Palm species shall be a minimum of eight feet clear wood as defined in Florida grades and standards.
3. c.
  Natural grass. All natural lawn areas shall be planted with species suitable as permanent lawns in the city. Effective erosion control is mandatory in swales, rights-of-way, or other areas subject to erosion. The primary types of natural grasses used for residential, commercial, and industrial areas in South Florida are St. Augustine and Bahia cultivars. The selection of natural grass types shall be made while considering the long term economic and aesthetic effects of possible drought conditions upon the lawn areas. The following shall serve as a guide and is not meant to negate the use of other appropriate grass types for their specific site uses.
  1. 1.
    St. Augustine grass. St. Augustine grass should be used adjacent to areas that accommodate significant pedestrian traffic or where the aesthetics of the immediate area are considered an important factor.
  2. 2.
    Bahia grass. Bahia grass should be used in large, nonmanicured, turf areas such as open fields, recreation areas, road rights-of-way or other areas that are generally viewed from a distance or from a moving automobile
4. d.
  Shrubs. Shrubs for general landscape purposes planted pursuant to the provisions of this section shall be a minimum plant container size of three gallons. Container sizes for woody or herbaceous plant material, when utilized for ground cover, may vary.
5. e.
  Hedges. Hedges shall be planted at a minimum of 24 inches in height and a maximum spacing of two-foot on center. The hedge shall reach a maturity height of at least 36 inches within two years of planting in the form of a solid continuous visual screen. Exceptions and substitutions from this provision may be approved by the planning and zoning administrator in order to promote the use of slow growing or native plant materials or specification of larger size plants at installation.
6. f.
  Root systems. Plant materials shall be selected to minimize potential root system damage or interference with public utilities. Fruit and debris, other than leaves from installed plant materials, shall not constitute a nuisance within public rights-of-way or to abutting property owners.
7. g.
  Irrigation systems. Irrigation systems can be beneficial in efficiently adding water to cultivated landscape. The following guidelines shall be implemented for developing and maintaining irrigation systems.
  1. 1.
    Irrigation of existing native noninvasive plant communities. Existing native noninvasive plant communities and ecosystems maintained in a natural state may not require any additional irrigation water.
  2. 2.
    Reestablished or newly installed native noninvasive plant area. Native noninvasive plant areas that are supplements to an existing plant community or newly installed by the developer may initially require additional water to become established. Where newly planted native noninvasive areas have been installed in soils appropriate to the proposed native system, additional irrigation water after the period of establishment may not be necessary.
  3. 3.
    Cultivated landscape areas. Automatic irrigation systems shall be used for the cultivated landscape areas for all properties. Application of water through a properly maintained and regulated irrigation system can be the most efficient method of watering the landscape.
    i.
    Irrigation systems. When irrigated, cultivated areas shall be irrigated by the use of an automatic irrigation system with controllers set to apply water as noted in this section. Irrigation controllers shall be switched to manual operation during periods of increased rainfall. Rainfall or moisture sensing devices are strongly encouraged to be used to avoid operation of the system during periods of increased rainfall.
    ii.
    Coverage requirements. In all areas that are to be planted in a cultivated landscape, irrigation systems shall be designed to have 100 percent coverage and eliminate water overthrow onto nonpervious areas.
  4. 4.
    Zoning of irrigation systems. Wherever feasible, sprinkler heads irrigating lawns or other high water demand landscape areas shall be circuited so that they are on a separate zone or zones from those irrigating trees, shrubbery or other reduced water requirement areas.
  5. 5.
    Sod areas. Bahia sod areas are not required to have permanent irrigation after establishment.
8. h.
  Berm specifications. All berms shall be landscaped with trees, shrubs, ground cover, grass or hedges. Berms shall be installed subject to approval by the city engineer.
9. i.
  Prohibited trees. The following tree species are considered invasive and will overtake other plant habitats. The following tree species are therefore considered unacceptable for use as landscape trees and shall not be planted within the city and shall be removed as required for maintenance and development:
  1. 1.
    Casuarina species (Australian pine tree)
  2. 2.
    Schinus terebinthifolius (Brazilian pepper tree)
  3. 3.
    Melaleuca quinquenervia (Melaleuca tree)
  4. 4.
    Bischofia javanica (Bishopwood)
  5. 5.
    Acacia auriculaeformis (Earleaf Acacia).
  6. 6.
    Schefflera actinophylla (Schefflera).
  7. 7.
    Albizia lebbeck (Woman's Tongue).
  8. 8.
    Cupianopsis anacardioides (Carrotwood).
  9. 9.
    Plants listed in Rule 5B-57.007 F.A.C, noxious weed list from the Florida Department of Agriculture and Consumer Services as revised from time to time.
10. j.
  Limited use trees and plant materials. Plant materials characterized by large fleshy fruit, surface or buttress roots, poisonous properties, or possible interruption of visibility shall not be planted in any parkway area, in any landscaped strip, or buffer adjacent to a public right-of-way. Trees that may cause injurious harm or toxic reactions should also be of limited use.
11. k.
  Use of Ficus species. Ficus species may be planted as individual trees provided that they are no closer than 15 feet of any structure or utility. Ficus species planted within 15 feet of any structure or utility shall be permitted only if they are contained in a planter or maintained as a hedge which is constantly cultivated and does not exceed the height limitations as provided in section 94-302.
12. l.
  Plant species. A minimum of 60 percent of plant material added shall be Florida native or drought tolerant species selected from the city list or the list of species in the most recent edition of South Florida Water Management District Waterwise South Florida Landscapes.

(Code 1979, § 33-164; Ord. 3898-05, § 2, 8-29-2005; Ord. No. 4420-12, § 3, 6-11-2012; Ord. No. 4689-16, § 5, 4-11-2017; Ord. No. 4756-17, § 4, 2-12-2018)

Sec. 94-446. - Plant material installation and maintenance.

Plant material shall be installed and maintained as provided in this section.

1.
Installation .
1. a.
  Landscaping shall be installed showing skilled workmanship and according to accepted planting procedures.
2. b.
  Plant materials shall be located and installed to provide proper growing conditions and good drainage of root systems.
3. c.
  Soil in landscaped areas shall be free of debris, including paving base or fill material, and calcareous materials such as shell, lime rock, concrete, plaster, and stucco. Soil in landscaped areas shall consist of sand, peat, muck, and similar materials to produce a plastic and friable state. Such soils shall be at a minimum depth of six inches below the root ball and at least ten inches on all sides of the root ball. Planting areas are to be totally excavated whenever plant materials are installed 24 or less inches apart. Planting areas containing excessive calcareous materials shall be excavated to a minimum depth of two feet.
4. d.
  A minimum of three inches of compacted, sustainably harvested, non-cypress organic mulch shall be placed around all newly installed trees, shrubs and ground cover planting areas. The use of melaleuca mulch is encouraged. Mulch consisting of any exotic invasive species must be certified seed-free by the producer.
5. e.
  The planting of shade, flowering or fruit trees shall be installed in a sound workmanship like manner according to accepted and proper planting procedures. All trees shall be properly guyed and staked at the time of planting. Trees shall be re-staked in the event of blow-overs or other failure of the staking and guying. All guy wire and staking material should be removed as soon as the tree will stand on its own but no more than one year after planting.
6. f.
  Verification required. Written verification of proper landscaping installation by the landscape architect of record shall be provided to the city and shall include the following:
  1. 1.
    Species, including quality, type, quantity, and any other original plant specifications;
  2. 2.
    Design or location;
  3. 3.
    Irrigation; and
  4. 4.
    All other landscape structures and material used or installed in accordance with the site plan.
7. g.
  Review. The city will inspect and review the project for compliance after the verification has been received from the landscape architect.
8. h.
  Deviation. Any deviation from the approved landscape plan will be relayed to the planning and zoning administrator for further review prior to the issuance of the certificate of occupancy.
2.
Maintenance. All landscape areas shall be maintained on a regular basis, to include weeding, watering, fertilizing, pruning, mowing, edging, mulching, replacement of dead or missing landscaping, removal of prohibited plants, and other horticultural practices that are needed to keep landscaping in good condition, free from disease, insect pests, weeds, refuse, and debris. Landscape maintenance shall be carried out in a manner that will not disrupt, inconvenience or endanger any member of the public, or pedestrian, or motor vehicles. Landscaping shall be maintained in good condition, shall present a healthy, neat, and orderly appearance, and shall be free from refuse and debris. All unhealthy or dead material shall be replaced within three months. All landscaped areas, excluding reestablished or newly installed native noninvasive plant areas, Bahia sod, and areas of artificial turf installed in accordance with the provisions of section 94-451, shall be provided with a permanent automatic irrigation system.
1. a.
  Mulching. In order to preserve soil moisture, at least three inches of compacted, clean, weed free, sustainably harvested, non-cypress mulch shall be maintained over all appropriate planting areas at all times.
2. b.
  Tree trimming. Standards for trimming shall be performed in accordance with the latest pruning standards for shade trees recommended by the National Arborist Association or other professional arborist association, currently the ANSI A-300 (Part 1) Pruning, a copy of which is on file in the planning, zoning and building department. Trees in the swales and parkways shall be trimmed by the adjacent property owner to prevent impedance or interference with traffic or travel on sidewalk, street, or creating a danger to traffic by impeding or obstructing the view of intersections. Tree trimming on all properties except single family and duplex homes shall be done under the guidance of a certified arborist. Trees shall only be trimmed in the following manner:
  1. 1.
    All cuts shall be clean, flush with the branch collar and made at junctions, laterals or crotches. For overhead utility lines, the drop crotch trimming method shall be followed.
  2. 2.
    Removal of dead wood, overlapping branches, weak or insignificant branches and suckers shall be done simultaneously with any crown reduction.
  3. 3.
    Tree topping or hatracking is prohibited. The severe cutting back of limbs to stub larger than three inches in diameter within the tree's crown to such an extent so as to remove the canopy and disfigure the tree shall not be done on any tree. Trees severely damaged by natural causes or under utility wires or other obstructions where other pruning practices are not possible may be exempted from this ordinance at the determination of the planning and zoning administrator or designee.
  4. 4.
    Trimming above 13.5 feet for clearance, lions tailing, and shaping or shearing of shade trees into rounded or lollipop shapes is prohibited.
  5. 5.
    Palm trees shall be pruned to remove seed pods and dead fronds, and live, healthy fronds above horizontal shall not be removed.
3. c.
  Tree abuse. Tree abuse shall not be permitted. The following shall be considered tree abuse:
  1. 1.
    Damage inflicted upon any part of a tree including the root system by machinery, storage materials, excavation and chemical application.
  2. 2.
    Damage inflicted by cutting a tree which permits infection or pest infestation.
  3. 3.
    Improper cutting of a tree, permanently reducing the function of the tree, or causing it to go into shock; cutting which destroys the natural shape; hatracking; tears and splitting of limb ends or peeling, stripping of the bark.
  4. 4.
    Girdling a tree with use of wires, weed eaters or mower damage.
  5. 5.
    Removal of the bark more than one-tenth of the tree.
  6. 6.
    Improper staking techniques resulting in damage to the tree or the use of nails directly into the trunk.
4. d.
  Mowing. Natural grass shall be mowed as required in order to encourage deep root growth and therefore the preservation of irrigation water.
5. e.
  Edging. All roadways, curbs and sidewalks shall be edged when necessary in order to prevent encroachment from the adjacent grassed areas. The use of weed-eaters to trim lawn grasses around a tree will be done so as not to remove bark causing the deterioration and eventual death of the tree.
6. f.
  Watering. Watering of planted areas should be managed so as to maintain healthy flora, make plant material more drought tolerant, avoid excessive turf growth, minimize fungus growth, stimulate deep root growth, minimize leaching of fertilizer, and minimize cold damage.
  1. 1.
    Watering of plants and trees. Watering of plants and trees should always be in a sufficient amount to thoroughly soak the root ball of the plant and the surrounding area, there by promoting deep root growth and drought tolerance.
  2. 2.
    Operation of automatic irrigation systems. Operation of automatic irrigation systems should be in accordance with section 90-93.
  3. 3.
    Maintenance of irrigation systems. Irrigation systems shall be constantly maintained to eliminate waste of water due to loss of heads, broken pipes, misadjusted nozzles or other causes.
7. g.
  Removal of debris. Fruit and debris, other than leaves from installed plant materials, shall not constitute a nuisance within public rights-of-way.

(Code 1979, § 33-165; Ord. 3898-05, § 2, 8-29-2005; Ord. No. 4420-12, § 3, 6-11-2012; Ord. No. 4689-16, § 6, 4-11-2017; Ord. No. 4756-17, § 5, 2-12-2018)

Sec. 94-447. - Existing native noninvasive plant materials.

Consideration of existing native noninvasive plant material. Healthy native noninvasive plant material existing on a site prior to development or redevelopment may be utilized in meeting the requirements of this section.

Preservation of existing native noninvasive plant material. Existing native noninvasive plant material shall be preserved in accordance with the provisions of this section and subsection 94-448(e)(1).

(Code 1979, § 33-166)

Sec. 94-448. - Protection of trees and other vegetation.

Intent. The intent of this section is to protect trees and vegetative cover within the limits of the city.

Removal of trees from median, parkway, park or city owned property. No person other than the city shall remove any tree from the median, parkway, park or city owned property without first obtaining a permit from the city.

Application. The terms and provisions of this section shall apply to real property as follows:

1.
All real property upon which any designated specimen or historic tree is located. A tree may be designated a specimen or historic tree by the following criteria:
1. a.
  Historic tree. A tree may be determined to be of notable historic interest to the city due to its age, type, size, or historic association with the community; and designated as such by the city commission. A registry of historic trees shall be maintained by the planning division.
2. b.
  Specimen tree. A tree may be determined, in the judgment of a professional forester, landscape architect, arborist, horticulturist, or similar expert, to be of high value of the community, because of its type, size, age, or other professional criteria; and designated as such by the city commission. Specimen trees may be protected by conditions of approval of development orders.
2.
All vacant and undeveloped property, and property containing no permanent buildings.
3.
All property containing permanent structures, upon which no designated specimen or historic tree is located.
4.
All redeveloped property.

Permits required.

1.
Tree alteration permit. Historic trees, specimen trees, and any other trees or vegetation located on property subject to the provisions of this section shall not be removed, relocated, or replaced unless a tree alteration permit is obtained. Tree alteration permit applications shall be provided by the planning and zoning administrator. The application shall include a written statement that specifies the location of the property, expected use of the property, and reasons for removal, relocation, or replacement. The planning and zoning administrator may require submission of a landscape plan or aerial photograph when a permit is requested.
2.
Removal of trees and shrubs. A permit to remove trees and vegetation shall not be issued unless one or more of the following conditions exists:
1. a.
  The tree is not a designated historic or specimen tree per section 94-448(c)(1)b.
2. b.
  The tree cannot be relocated on or off the site because of its age, type, or size.
3. c.
  The trees or shrubs constitute an unreasonable impediment to development of a permitted use of the property by virtue of their location in a buildable area or yard area where structures or improvements are to be placed.
4. d.
  The trees or shrubs are diseased, injured, in danger of falling, too close to existing or proposed structures, interfere with existing or proposed utility services, create unsafe visual conditions affecting vehicular traffic, conflict with requirements of other ordinances of this chapter, or are a threat to the public health, safety, and welfare.
5. e.
  The trees that are prohibited trees as specified in subsection 94-445(4)i.
6. f.
  The planning and zoning administrator's decision for removal will be in the public interest.
3.
Tree relocation and replacement. The applicant for a tree removal permit shall be required to relocate or replace trees to be removed or provide payment in lieu thereof into the landscape trust account for trees that cannot be relocated, replaced or installed due to preexisting site development constraints as determined by the planning and zoning administrator. Native trees and palms in good condition must be preserved on site or relocated. Relocated trees shall be installed in a sound and skilled manner according to accepted planting practices and shall be in accordance with the following:
1. a.
  If the tree is transplanted, it shall be moved by the property owner in accordance with the National Arborist Association Standards or other professional arborist association, currently the ANSI A-300 standards, to another location within the city and maintained by the new property owner.
2. b.
  If a tree on public property is willfully destroyed by anyone except the city forester/arborist, the tree must be substituted with an equivalent replacement that is approved by the forester/arborist or designer on the site from which the destroyed tree was removed.
3. c.
  No permit shall be required for the removal of trees that are dead, severely diseased, are invasive exotic species, or are destroyed by natural causes. This includes trees that are planted in a certified nursery or botanical garden.

Tree replacement.

1.
Characteristics. Replacement trees shall have shade and screening potential equal to or superior to that of the trees they replace at the time of the initial installation, except as provided as follows:
1. a.
  Trees that are 20 feet or more in canopy size shall be mitigated based upon the size of the existing tree canopy, not the number of trees (i.e., if 100 square feet of existing canopy is removed, 100 square feet of canopy shall be planted). Suggested tree species listed by canopy coverage category can be referenced as provided in the landscape design manual, as amended from time to time, and available for inspection in the planning and zoning division.
2. b.
  Palm trees shall be mitigated on a one for one basis. When palm trees are substituted for shade trees, the equivalent canopy shall be replaced according to the category of the replacement species.
2.
Payment in lieu. If it is determined by the planning and zoning administrator that the application for tree removal meets the permit requirements of subsections (d)(1) and (d)(3) above, but replacement, relocation or installation of trees and shrubs is not feasible due to site constraints, the following shall apply:
1. a.
  The applicant/owner shall make payment to the city's landscape trust account in lieu of actual tree or shrub replacement or installation. Funds collected pursuant to this section shall be expended for the purchase of trees for placement on public properties within the city.
2. b.
  The payment due shall be calculated based upon the costs for the number and type of tree(s) and/or shrubs required to be replaced or installed based upon the current edition of the plant finder catalog, plus installation cost equal to one times the cost.
3.
Minimum standards. All replacement trees shall be equal to or better than Florida Department of Agriculture Number 1 Nursery Grade Standard. All trees replaced or relocated pursuant to this section must be in a healthy, living condition one year from the date of planting. Replacements that are not established, have failed to a degree that survival is not probable, or have died must be replaced with healthy specimens. Such replacements must continue until a tree is established at the approved location.
4.
Waivers of replacement standards. Minimum standards may be waived if the applicant can demonstrate that current market conditions result in a shortage of appropriate replacement trees.

Tree protection.

1.
Land clearing and construction. During land altering and construction, protective barriers specified by the planning and zoning administrator shall be erected and maintained around all trees or groups of trees to be protected. The movement of equipment or the storage of equipment, materials, and placement of debris or fill within protective barriers is prohibited.
2.
Toxic substances. During land alteration and construction, the cleaning of equipment or materials and the disposal of waste material such as paint, oil, solvents, asphalt, concrete, or mortar within the dripline of any tree or groups of trees is prohibited. Contaminated earth must be replaced.
3.
Attachments and wires. Attachments or wires, except those of a protective nature, shall not be attached to any tree.
4.
Alternate means of protection. Trees located within portions of a development site where land clearing and construction activities will not occur or where heavy machinery will not operate shall not require protective barriers. Such areas shall be staked and roped, ribboned, or otherwise designated.
5.
Removal of dangerous trees. A tree alteration permit for the removal of a tree determined by competent authority to be in a hazardous or dangerous condition so as to endanger the public health, welfare, or safety, and require immediate removal without delay, may be issued after such tree has been removed.
6.
Suspension. Following an emergency such as a hurricane, tropical storm, tornado, or flood, and other natural causes such as drought conditions and freeze damage, the requirements of this section may be suspended by the planning and zoning administrator for a period of 30 days. Such a suspension shall apply only to trees which have been damaged beyond saving or are a hazard, provided that the planning and zoning administrator is notified of the intended removal at least 24 hours prior to removal.
7.
Exemptions. All licensed plant or tree nurseries and tree farms shall be exempt from the provisions of this section. However, this exemption shall apply only to those trees planted and growing on the premises of the licensee and intended for sale to the general public in the ordinary course of business.
8.
Exempt trees. The trees and species listed in section 94-445(h)i. shall be exempt from the provisions of this section.
9.
Removal and disposal of diseased trees. Trees which are determined by the planning and zoning administrator to be diseased and to be a potential source for contaminating other trees, or for spreading tree infection or disease, shall be removed and disposed of without undue delay on an emergency basis, as the circumstances may require. The lethal yellowing disease of coconut trees shall be considered an emergency tree infection or disease.
10.
Trees on city property. Trees on city property shall not be removed by any firm, corporation, or individual unless prior approval is granted by the city manager or that official's designee.
11.
Removal and disposal of prohibited trees. Trees which are included as prohibited trees pursuant to subsection 94-445(4)i shall be removed and disposed of from the entire site before a certificate of occupancy can be obtained.

Penalty for violation of protected trees. In addition to penalties provided in section 94-9, the city shall have the option of pursuing civil actions in a court of competent jurisdiction for violation of any provision of this section or any special condition which may be imposed in a permit or other development order. The court or special magistrate may order a combination of tree replacement and fines for violations of this section. Funds collected as fines for violation of this section shall be expended for the purchase of trees for replacement on public property within the city. Replacement of illegally removed trees may be required as restitution in lieu of fines.

(Code 1979, § 33-167; Ord. No. 4433-12, § 4, 9-18-2012; Ord. No. 4514-14, § 1, 6-9-2014; Ord. No. 4689-16, § 7, 4-11-2017; Ord. No. 4756-17, § 6, 2-12-2018)

Sec. 94-449. - Land clearing permit.

Permit required. Land clearing, land removing, or land filling activities shall not occur unless a land clearing permit has be issued.

Permit application procedures. Application for a permit required by this section shall be obtained from the planning and zoning administrator. The application shall include a written statement specifying the location of the property and the reasons necessitating the land alteration.

Requirement for tree alteration permits. Tree alteration permits shall be approved for the removal or relocation of trees only as provided in 94-448.

Permit requirements. A land clearing permit shall not be issued unless one of the following conditions exist:

1.
The proposed land clearing, including removal of vegetation and trees, grading, removal and disposal of all prohibited trees, filling, contouring, and similar actions, is necessary to allow the permitted use of property.
2.
A tree removal permit, if necessary, has been issued.
3.
Appropriate measures, pursuant to this section, have been completed to protect existing native noninvasive trees and vegetation.

(Code 1979, § 33-168; Ord. No. 4689-16, § 8, 4-11-2017)

Sec. 94-450. - Littoral planting zones.

Required. Littoral planting is required on lakes whose water surface is larger than one-half acre in size. The littoral planting zone is, at a minimum, an area that extends ten feet into a lake from the shoreline and extends a maximum of five feet upland from the shoreline.

1.
Minimum planting area. At least 50 percent of the shoreline shall be planted with wetland trees and/or aquatic plants at ten square feet of littoral zone for every one linear foot of shoreline.
2.
Minimum planting standards. There shall be a minimum of one tree for every 80 linear feet, and plants shall be on a minimum of three-foot centers.
3.
Slope. Shelf slope and size shall be noted on the landscape plan in the form of a cross section drawing and respective specifications based on actual plant and tree requirements.

(Ord. No. 4689-16, § 10, 4-11-2017)

Editor's note— Ord. No. 4689-16, § 9, adopted April 11, 2017, renumbered § 94-450 as 94-316, and enacted a new § 94-450 as set out herein.

Sec. 94-451. - Artificial turf.

The use and location of artificial turf shall be limited to the following:

1.
The construction of non-city-owned athletic fields and playgrounds associated with a non-city-owned community center, park, school, or university;
2.
As part of the construction of any nonresidential development;
3.
On roof top terraces;
4.
On residential lots in the rear setback and side setback; or
5.
In multifamily residential developments as part of a recreation or amenity area.

Artificial turf proposed under the provision of subsection (a)(1) above shall only be installed upon approval of a class A special use permit, pursuant to the procedures and standards set forth in this chapter.

In all areas of installation, artificial turf shall be treated as impervious surface area. The quantity of artificial turf to be incorporated into a project shall be limited by the maximum percentage of impervious surface for the subject property within the applicable zoning district.

With the exception of those circumstances in which artificial turf is installed pursuant to subsection (a)(1) above, artificial turf shall not be:

1.
A part of any landscape buffers required by this article;
2.
Visible from a road or street;
3.
Installed within permanent drainage features (e.g., ponds, swales).

Minimum material standards. All artificial turf shall comply with each of the following minimum standards:

1.
Artificial turf shall consist of green lifelike individual blades of grass that emulate natural turf in look and color.
2.
Where artificial turf is utilized for institutional recreational uses (e.g., playgrounds, athletic fields), the artificial turf product installed shall be designed for the intended use and meet the appropriate additional standards.
3.
Artificial turf installations shall have a minimum permeability of 30 inches per hour per square yard.
4.
All artificial turf shall have a minimum eight year manufacturer's warranty that protects against color fading and a decrease in pile height.
5.
Artificial turf shall be lead free.
6.
All materials must include test documentation which declares that the artificial turf yarn and backing materials are disposable under normal conditions, at any U.S. landfill station (Total Content Leach Protocol (TCLP) test). Documentation must also be provided that identifies all components that are recyclable and all components that consist of recycled material.
7.
The use of indoor or outdoor plastic or nylon carpeting as a replacement for artificial turf or natural turf shall be prohibited.

Installation, maintenance and repair .

1.
All artificial turf shall, at a minimum, be installed according to the manufacturer's specifications.
2.
All artificial turf installations shall be anchored to ensure that the turf will withstand the effects of wind.
3.
All seams shall be secured and edges shall be trimmed to fit against all regular and irregular edges to resemble a natural look.
4.
If artificial turf is planned to be installed immediately adjacent to a seawall, the artificial turf shall be pinned or staked behind the seawall. No artificial turf or installation mechanism shall be attached directly to or placed on a seawall or seawall cap.
5.
Proper drainage shall be provided for all artificial turf installations to prevent excess runoff or pooling of water.
6.
Artificial turf shall be visually level, with the grain pointing in a single direction.
7.
An appropriate solid barrier device (e.g., concrete mow strip, bender board) is required to separate artificial turf from soil and live vegetation.
8.
Precautions for installation around existing trees shall be monitored and may be restricted to ensure tree roots are not damaged with the installation of the base material and that the overall health of the tree will not be compromised
9.
All artificial turf shall be maintained in a green fadeless condition and shall be maintained free of dirt, mud, stains, weeds, debris, tears, holes, and impressions. Maintenance shall include, but not be limited to cleaning, brushing, debris removal; repairing of depressions and ruts to maintain a visually-level surface; elimination of any odors, flat or matted areas, weeds, and invasive roots; and all edges of the artificial turf shall not be loose and must be maintained with appropriate edging or stakes.
10.
All artificial turf must be replaced if it falls into disrepair with fading or holes or loose areas. Replacement and/or repairs shall be done with like for like materials from the same manufacturer and done so in a manner that results in a repair that blends in with the existing artificial turf.

An owner or applicant shall obtain a duly-authorized building permit from the city's development services department prior to the installation of any artificial turf.

(Ord. No. 4420-12, § 2, 6-11-2012; Ord. No. 4689-16, § 11, 4-11-2017; Ord. No. 4756-17, § 7, 2-12-2018)

Sec. 94-452. - Roadway beautification.

Intent. The intent of this section is to beautify public roads and keep the public roads aesthetically pleasing with landscaping and other enhancements.

Applicability .

1.
The standards contained in this section shall apply to all public rights-of-way which are adjacent, contiguous or internal to existing and proposed residential and nonresidential developments. Landscaping and irrigation are required within roadway medians and road shoulders. All approved planned developments that are subject to major amendments, shall be required to landscape, irrigate and maintain improvements within adjacent and/or contiguous public rights-of-way. If a development order requires road improvements not adjacent and/or contiguous to the development, the petitioner of the development shall landscape and irrigate said road. Unless otherwise approved through a development order or other agreement, developers and their successors or assigns shall be responsible for the installation and maintenance of roadway landscaping, including irrigation. Where roads have been landscaped and enhanced, but become nonconforming due to safety standards implemented by this section, nonconformities may be rectified during future road improvements by the person or entity making the improvements.
2.
As new developments are approved, property owners on both sides of the road shall be required to share the cost of landscape and irrigation maintenance for medians and/or road shoulders based on the linear frontage of each development or by the square footage of the area to be maintained.

Landscape plans. Landscape plans for rights-of-way shall be submitted by the applicant and approved with each development approval.

Installation .

1.
Landscaping installation shall be in accordance with applicable state and/or county engineering standards and this code. All landscaping and irrigation within the right-of-way shall be installed and completed within six months from the issuance of the clearing permit for said project or as otherwise approved by the city commission. The preparation of the soil within the road right-of-way shall include excavation of material detrimental to plant growth. Best management practices shall be used for proper soil preparation and drainage of the site. The water source for the roadway landscaping shall originate from the developer's project.
2.
The developer shall be responsible for obtaining all permits through the appropriate agencies.

Maintenance. The developer and its successors, or assigns shall be responsible for the maintenance of the roadway landscaping. Landscaping maintenance shall be performed in accordance with applicable state and/or county engineering standards and city code requirements. The roadway shall be maintained to the same standard as the adjacent development landscaping. As new developments or major amendments to approved developments occur adjacent to existing roadway beautification projects, the cost to maintain the common median shall be equally shared between the property owners on both sides of the roadway, and each owner shall be jointly and severally liable for such maintenance, unless otherwise specified in the conditions of development approval or separate agreements. The city shall disclose to all parties any maintenance agreements between developments upon request, but it shall be the property owner's responsibility to coordinate the maintenance and the shared cost thereof.

Enforcement. Failure to install and maintain roadway landscaping, including plant replacement, shall be a violation of this section as well as development order conditions, if applicable.

(Ord. No. 4689-16, § 12, 4-11-2017)

Sec. 94-453. - Nonconforming landscape areas.

Legal nonconformities established. With the exception of sites that have been modified without city approval, any parcel of land which is the subject of a current valid development order or upon which a structure has been erected prior to April 1, 2017, and does not meet all or part of the minimum landscape requirements in this division shall be considered a legal nonconformity.

1.
Requirements for existing sites.
1. a.
  The city shall use approved landscape plans or development orders as the minimum landscape installation standard and requirement for a developed site.
2. b.
  If an approved landscape plan is not on file with the city, the existing landscaping becomes a living plan of record and as such has the same standards and protection as allowed under provisions set forth in this article, similar to a landscape filed with and approved by the city.

Maintenance. Nonconforming areas are not exempt from minimum maintenance standards.

(Ord. No. 4689-16, § 13, 4-11-2017)

Secs. 94-454—94-480. - Reserved.

West Palm Beach City Zoning Code

ARTICLE XIV

- LANDSCAPING, LAND CLEARING, TREE PROTECTION, AND ARTIFICIAL TURF

Contents:

Sec. 94-441. - Intent, application, exemptions and conflicts, Florida friendly landscape principles.

Intent. The intent of the landscaping and tree protection requirements of this article is:

1.
To establish standards to protect and to enhance community appearance by the installation of appropriate landscaping and screening materials within the city;
2.
To promote the conservation of water by encouraging the preservation of native plant communities and ecosystems, the use of site specific plant materials, the utilization of Florida friendly landscape principles;
3.
To maintain permeable land areas essential to surface water management and aquifer recharge;
4.
To protect and expand the community wide tree canopy;
5.
To maintain and increase the value of land by incorporating a minimum amount of landscaping into development;
6.
To establish parameters for the use of artificial turf;
7.
To eradicate or control certain exotic and invasive plant species which have become nuisances because of their tendency to damage public and private works, have a negative effect upon public health, or disrupt and destroy native ecosystems;
8.
To encourage prudent and skilled workmanship for the installation and maintenance of all plant materials;
9.
To promote energy conservation through design placement of trees and shrubs, achieving cooling through the provision of shade, thereby helping to offset global warming and local heat island effects,
10.
To establish procedures and standards for the administration and enforcement of this article.

Exemptions. The following development shall be exempt from the standards of this article:

1.
Buildings or structures accessory to single-family or duplex development.
2.
Renovations, repair, alteration or redevelopment which does not exceed 50 percent of the value of the structure.
3.
Tee, fairway, putting green and other natural or manmade landscape features of a golf course development. The clubhouse, vehicular use areas and other nongreen areas however, shall conform to the requirements of this article.
4.
Developments only when specifically noted by this chapter.

1.
The right plant in the right place by selecting plants that match the sites soil, light, water and climate conditions, with an aim for a diversity of trees, shrubs, groundcover and flowers, and plants that welcome wildlife.
2.
More efficient irrigation by grouping plants with similar watering needs together and zoning the irrigation system accordingly.
3.
Fertilize in compliance with the requirements of this Code at chapter 34, article V, Florida friendly fertilizer use.
4.
Maintain landscape beds well mulched with at least two inches of space around tree trunks to prevent rot, using sustainably harvested mulch, such as melaleuca, pine straw or eucalyptus.
5.
Attract wildlife by selecting plants with seeds, fruit, foliage, flowers or berries that animals can eat; increasing vertical layering of vegetation; and reducing insecticide use.
6.
Utilize integrated pest management principles by selecting pest-resistant plants, spot treating pests with selective spectrum pesticide applied in accordance with label instructions.
7.
Compost and re-cycle yard waste and debris.
8.
Retain rainfall and irrigation with shallow rain gardens or swales; direct downspouts toward garden area and utilize permeable material for walkways, driveways and patios.
9.
Protect water bodies by not mowing or utilizing pesticides within ten feet of a water body.

(Code 1979, § 33-160; Ord. No. 4420-12, § 3, 6-11-2012; Ord. No. 4433-12, § 2, 9-18-2012; Ord. No. 4449-13, § 25, 3-19-2013; Ord. No. 4689-17, § 1, 4-11-2017; Ord. No. 4756-17, § 1, 1-12-2018)

Sec. 94-442. - Open space landscape requirements.

Intent. The intent of this section is to provide standards for landscaping open space areas when required by this chapter.

Landscape plans .

1.
Landscape plans, excluding those prepared for single-family dwelling units, shall be prepared by persons as authorized by F.S. ch. 481, pt. II (landscape architecture).
2.
Landscape plan requirements. When required, a landscape plan shall contain the following:
1. a.
  Date, north arrow, and graphic scale.
2. b.
  The location of all existing or proposed structures, improvements, and uses.
3. c.
  The location of property lines, existing or proposed setback.
4. d.
  The location of existing or proposed underground or overhead utility services.
5. e.
  Location of all proposed trees, shrubs, ground covers, and other landscape materials.
6. f.
  The common and botanical name, size, and location of all trees and vegetation on the site. A table showing the size and quantity of all proposed landscape materials. A key which identifies all landscape materials shown on the plan.
7. g.
  Tabulation clearly displaying the relevant statistical information necessary for the evaluation of compliance with the provisions of this article. This includes gross acreage or square footage, gross open space, square footage of preservation areas, square footage of paved and landscaped areas, and such other information as the city deems appropriate.
8. h.
  Phasing of the site including any temporary landscaping.
9. i.
  Location and width of any proposed dedication of property for public rights-of-way.
10. j.
  Location and screening of all garbage receptacles.
11. k.
  Location, dimensions and screening of all proposed satellite dishes and ground mounted mechanical and utility equipment.
12. l.
  Delineation of the existing and proposed parking spaces, or other vehicular use areas, access aisles, driveways, terminal islands, interior islands, divider medians and similar features.
13. m.
  Delineation of irrigation coverage, sensors location and high, medium and low zones of water usage if taking credit for these items in Florida friendly landscaping section; and details of the cross section of root ball and staking detail.
14. n.
  Statement that all landscaped areas, excluding those areas with native noninvasive plants, will be provided with permanent, automatic irrigation.
15. o.
  A tabulation clearly displaying each technique and method proposed to satisfy the Florida friendly landscape point system requirement and its accompanying point allocation.
16. p.
  Nature of adjacent land uses.
17. q.
  Existing landscaping on adjacent properties within ten feet of the property line.
18. r.
  Information on protection of existing trees, relocation and removal of existing trees, and mitigation proposed.

General standards. All open space, as required by this chapter, shall be landscaped as provided in this section.

1.
Landscaping generally. All open space, excluding vehicular and pedestrian circulation features and surface parking, shall be covered with natural grass, ground cover, shrubbery, or other suitable plant material, or may have paved active recreation areas, patios, terraces, pedestrian circulation areas, swimming pools, water features, and similar site components incorporated in the open space designs. Artificial turf shall only be permitted and installed in accordance with the standards of section 94-451.
2.
General landscaping standards for single-family dwelling units and all other developments. General landscaping standards for single-family dwelling units and all other developments shall be as follows:
1. a.
  Single-family dwelling units. For single-family and duplex dwelling units, at least one shade or flowering tree shall be planted for each 1,000 square feet of open space or portion thereof. At least one shrub shall be planted for each 500 square feet of open space or portion thereof. Front yards shall be landscaped to meet the requirements of section 94-482(a).
2. b.
  All other developments. The general landscaping standards for all other developments shall be as follows:
  1. 1.
    Trees. At least one shade tree shall be planted for each 1,500 square feet of required open space or portion thereof. At least one flowering tree shall be planted for each 6,000 square feet of required open space or portion thereof. Required trees may be planted at uniform intervals, at random, or in groupings. The calculation of trees for this provision may include those required for buffering, screening, or to improve aesthetics within the site.
  2. 2.
    Shrubs. At least one shrub shall be planted for each 500 square feet of required open space or portion thereof.
  3. 3.
    Natural grass. Grass areas shall not exceed 60 percent of the required landscape area.
3.
Amount of plant material required. The total open space area required shall determine the number of trees and shrubs to be planted. Required open space is established by each zoning district's regulations set forth in this Code. The total amount of plant material required shall not be affected by that portion of the open space area devoted to active recreation purposes, patios, terraces, pedestrian circulation, and similar amenities.

Clear vision requirements. Landscaping shall be installed in accordance with the clear vision requirements of subsection 94-305(e).

DESIGN OPTIONS:			POINTS
(1)	Utilization of moisture sensing controller other than rainswitch, alternate source of water such as a cistern, or highly efficient system that promotes water conservation.		10
(2)	Plan submitted with low, moderate, and high water usage zones indicated.		5
(3)	Groundcover or Grass:
	a.	25—50 percent of the groundcover or grass areas are made up of natural drought tolerant species from the list*	5
	b.	51 percent or more of the groundcover or grass areas are made up of natural drought tolerant grass species from the list*	10
	c.	25—50 percent of the groundcover or grass areas are made up of Florida native plants.	10
	d.	51 percent or more of the groundcover or grass areas are made up of Florida native plants.	15
(4)	Shrubs:
	a.	25—50 percent of the required shrubs are made up of natural drought tolerant species from the list*	5
	b.	51 percent or more of the required shrubs are made up of natural drought tolerant species from the list*	10
	c.	25—50 percent of the required shrubs are made up of Florida native plants.	10
	d.	51 percent or more of the required shrubs are made up of Florida native plants.	15
(5)	Trees:
	a.	25—50 percent of the required trees are made up of natural drought tolerant species from the list*	5
	b.	51 percent or more of the required trees are made up of natural drought tolerant species from the list*	10
	c.	25—50 percent of the required trees are made up of Florida native plants.	10
	d.	51 percent or more of the required trees are made up of Florida native plants.	15
(6)	Extra shade trees in vehicular use areas:
	a.	25 percent more than the required shade trees planted in the vehicular use areas.	5
	b.	50 percent more than the required shade trees planted in the vehicular use areas.	10
(7)	Natural sod area less than 50 percent of provided landscape area.		10
(8)	Utilization of compacted mulched planting beds at least three inches in depth in all planted areas except ground covers.		5
NOTES:
*The list of drought tolerant natural grass, shrubs, and tree species is contained in Waterwise, the South Florida Water Management District plant and landscape practices guide, as may be amended. Additional low water use plant species may be accepted with verified documentation. These species should however, not include invasive species. A listing of these drought tolerant species may also be obtained from the planning department.

DESIGN OPTIONS:			POINTS
(1)	Utilization of moisture sensing controller other than rainswitch, alternate source of water such as a cistern, or highly efficient system that promotes water conservation.		10
(2)	Plan submitted with low, moderate, and high water usage zones indicated.		5
(3)	Groundcover or Grass:
	a.	25—50 percent of the groundcover or grass areas are made up of natural drought tolerant species from the list*	5
	b.	51 percent or more of the groundcover or grass areas are made up of natural drought tolerant grass species from the list*	10
	c.	25—50 percent of the groundcover or grass areas are made up of Florida native plants.	10
	d.	51 percent or more of the groundcover or grass areas are made up of Florida native plants.	15
(4)	Shrubs:
	a.	25—50 percent of the required shrubs are made up of natural drought tolerant species from the list*	5
	b.	51 percent or more of the required shrubs are made up of natural drought tolerant species from the list*	10
	c.	25—50 percent of the required shrubs are made up of Florida native plants.	10
	d.	51 percent or more of the required shrubs are made up of Florida native plants.	15
(5)	Trees:
	a.	25—50 percent of the required trees are made up of natural drought tolerant species from the list*	5
	b.	51 percent or more of the required trees are made up of natural drought tolerant species from the list*	10
	c.	25—50 percent of the required trees are made up of Florida native plants.	10
	d.	51 percent or more of the required trees are made up of Florida native plants.	15
(6)	Extra shade trees in vehicular use areas:
	a.	25 percent more than the required shade trees planted in the vehicular use areas.	5
	b.	50 percent more than the required shade trees planted in the vehicular use areas.	10
(7)	Natural sod area less than 50 percent of provided landscape area.		10
(8)	Utilization of compacted mulched planting beds at least three inches in depth in all planted areas except ground covers.		5
NOTES:
*The list of drought tolerant natural grass, shrubs, and tree species is contained in Waterwise, the South Florida Water Management District plant and landscape practices guide, as may be amended. Additional low water use plant species may be accepted with verified documentation. These species should however, not include invasive species. A listing of these drought tolerant species may also be obtained from the planning department.

DESIGN OPTIONS:			POINTS
(1)	Utilization of moisture sensing controller other than rainswitch, alternate source of water such as a cistern, or highly efficient system that promotes water conservation.		10
(2)	Plan submitted with low, moderate, and high water usage zones indicated.		5
(3)	Groundcover or Grass:
	a.	25—50 percent of the groundcover or grass areas are made up of natural drought tolerant species from the list*	5
	b.	51 percent or more of the groundcover or grass areas are made up of natural drought tolerant grass species from the list*	10
	c.	25—50 percent of the groundcover or grass areas are made up of Florida native plants.	10
	d.	51 percent or more of the groundcover or grass areas are made up of Florida native plants.	15
(4)	Shrubs:
	a.	25—50 percent of the required shrubs are made up of natural drought tolerant species from the list*	5
	b.	51 percent or more of the required shrubs are made up of natural drought tolerant species from the list*	10
	c.	25—50 percent of the required shrubs are made up of Florida native plants.	10
	d.	51 percent or more of the required shrubs are made up of Florida native plants.	15
(5)	Trees:
	a.	25—50 percent of the required trees are made up of natural drought tolerant species from the list*	5
	b.	51 percent or more of the required trees are made up of natural drought tolerant species from the list*	10
	c.	25—50 percent of the required trees are made up of Florida native plants.	10
	d.	51 percent or more of the required trees are made up of Florida native plants.	15
(6)	Extra shade trees in vehicular use areas:
	a.	25 percent more than the required shade trees planted in the vehicular use areas.	5
	b.	50 percent more than the required shade trees planted in the vehicular use areas.	10
(7)	Natural sod area less than 50 percent of provided landscape area.		10
(8)	Utilization of compacted mulched planting beds at least three inches in depth in all planted areas except ground covers.		5
NOTES:
*The list of drought tolerant natural grass, shrubs, and tree species is contained in Waterwise, the South Florida Water Management District plant and landscape practices guide, as may be amended. Additional low water use plant species may be accepted with verified documentation. These species should however, not include invasive species. A listing of these drought tolerant species may also be obtained from the planning department.

DESIGN OPTIONS:			POINTS
(1)	Utilization of moisture sensing controller other than rainswitch, alternate source of water such as a cistern, or highly efficient system that promotes water conservation.		10
(2)	Plan submitted with low, moderate, and high water usage zones indicated.		5
(3)	Groundcover or Grass:
	a.	25—50 percent of the groundcover or grass areas are made up of natural drought tolerant species from the list*	5
	b.	51 percent or more of the groundcover or grass areas are made up of natural drought tolerant grass species from the list*	10
	c.	25—50 percent of the groundcover or grass areas are made up of Florida native plants.	10
	d.	51 percent or more of the groundcover or grass areas are made up of Florida native plants.	15
(4)	Shrubs:
	a.	25—50 percent of the required shrubs are made up of natural drought tolerant species from the list*	5
	b.	51 percent or more of the required shrubs are made up of natural drought tolerant species from the list*	10
	c.	25—50 percent of the required shrubs are made up of Florida native plants.	10
	d.	51 percent or more of the required shrubs are made up of Florida native plants.	15
(5)	Trees:
	a.	25—50 percent of the required trees are made up of natural drought tolerant species from the list*	5
	b.	51 percent or more of the required trees are made up of natural drought tolerant species from the list*	10
	c.	25—50 percent of the required trees are made up of Florida native plants.	10
	d.	51 percent or more of the required trees are made up of Florida native plants.	15
(6)	Extra shade trees in vehicular use areas:
	a.	25 percent more than the required shade trees planted in the vehicular use areas.	5
	b.	50 percent more than the required shade trees planted in the vehicular use areas.	10
(7)	Natural sod area less than 50 percent of provided landscape area.		10
(8)	Utilization of compacted mulched planting beds at least three inches in depth in all planted areas except ground covers.		5
NOTES:
*The list of drought tolerant natural grass, shrubs, and tree species is contained in Waterwise, the South Florida Water Management District plant and landscape practices guide, as may be amended. Additional low water use plant species may be accepted with verified documentation. These species should however, not include invasive species. A listing of these drought tolerant species may also be obtained from the planning department.

(Code 1979, § 33-161; Ord. No. 4066-07, § 3, 10-22-2007; Ord. No. 4420-12, § 3, 6-11-2012; Ord. No. 4433-12, § 2, 9-18-2012; Ord. No. 4689-16, § 2, 4-11-2017; Ord. No. 4756-17, § 2, 2-12-2018)

Sec. 94-443. - Nonresidential and multifamily screening and buffering requirements.

1.
Protective screen walls .
1. a.
  Walls shall be at least five feet in height, except, when erected within 20 feet of a residential front property line, shall be reduced to 30 inches in height. Walls shall be constructed of brick, decorative concrete, other decorative masonry, or comparably durable and aesthetic wood or metal, excluding metal or wood slats in chainlink fences.
2. b.
  Walls shall not contain any openings except those gates or similar means of access that may be approved in the course of site plan review.
3. c.
  Walls shall extend the full length of the nonresidential property adjacent to a residential district. Walls in excess of 30 inches in height shall not be erected within 20 feet of a residential front property line. The five-foot wide landscape buffer shall be installed between the required wall and the property line when an alley separates the nonresidential property and the residential district.
2.
Landscape buffer .
1. a.
  All landscape buffers shall be a minimum of five feet in width.
2. b.
  All portions of the landscape buffer shall be covered with natural grass, ground cover, shrubbery, mulch, or other suitable live plant material.
3. c.
  At least one shade or flowering tree shall be planted in a required buffer for each 30 linear feet or portion thereof. Required shade or flowering trees may be planted at intervals or may be clustered if clustering improves the effectiveness of the buffer. Required trees to serve as a landscape buffer adjacent to a residential zoning district must be visible from the opposite side of the wall to enhance the buffering effect. Clustering of required trees shall be subject to city approval. If there is additional landscape area adjacent to the buffer strip, required trees may be placed adjacent to the buffer strip to allow a greater area for tree development.
4. d.
  Hedges shall be planted in a required landscape buffer at two-foot intervals or clustered if the effectiveness of the buffer is improved.
5. e.
  The amount of required plant material and of required buffer length shall be measured along the centerline of the buffer.
6. f.
  Required trees, hedges and shrubs may not be clustered when planted next to buffer parking lots.

1.
For industrial uses and uses in industrial districts, the buffer strip shall be at least ten feet wide along the edge of property when adjacent to a public thoroughfare and at least five feet wide along the edge of property when adjacent to nonresidential zoning districts. For all other nonresidential uses, the buffer strip shall be at least five feet wide along the entire edge of property when adjacent to a public thoroughfare, and when adjacent to nonresidential zoning districts.
2.
The buffer strip may not be interrupted by more than 25 percent of its required length to provide for signs or vehicular ingress and egress. This provision may be waived by the planning and zoning administrator to accommodate normal vehicular ingress and egress for properties possessing less than 100 feet of frontage along a thoroughfare. However, not more than 50 percent of this requirement may be waived.
3.
Trees, shrubs, natural grass, ground cover, or other suitable live plant material shall be planted over the entire buffer strip area. However, paving may be used in areas of intensive pedestrian circulation.
4.
At least one shade or flowering tree shall be planted in a required buffer strip for each 30 linear feet or portion thereof. Paved areas used for pedestrian circulation and vehicular access shall be included when calculating the length of the buffer strip. Trees may be clustered or planted irregularly as deemed appropriate. Clustering of required trees shall be subject to city approval.
5.
To determine the amount of required plant material, the required buffer strip length shall be measured along the centerline of the buffer.

1.
A decorative wall: Vehicular use areas shall be screened from residential uses and districts by a 36-inch high brick, decorative concrete, other decorative masonry, or comparably durable wood or metal wall around the periphery. The screen does not include metal or wood slats in chainlink fences. The wall may not be interrupted along more than 20 percent of required length to provide vehicular ingress and egress; however, this provision may be waived to accommodate normal vehicular ingress and egress for properties possessing minimal frontage.
2.
A landscaped buffer. Vehicular use areas shall be screened from thoroughfares and residential uses and districts by a landscape buffer of at least five feet in width. Hedges shall be planted within the landscape buffer and are subject to the requirements of subsection 94-445(4)e. Shade trees must be planted at 30-foot intervals. The requirements of this section shall not apply when property lines are adjacent to an existing structure.

TABLE XIV-1: MINIMUM REQUIRED LANDSCAPE BUFFER FOR THE VARIOUS ZONING DISTRICTS
ADJOINING PROPOSED	MULTIFAMILY	COMMERCIAL	INDUSTRIAL	PUBLIC THOROUGHFARE
Multifamily ≤ 4 units		0	0	Setback
Multifamily > 4 units	5 feet	5 feet	5 feet	10 feet
Commercial	5 feet plus 5-foot high wall	5 feet	5 feet	5 feet
Industrial	5 feet plus 5-foot high wall	5 feet	5 feet	10 feet
Vehicular use areas	5 feet plus 3-foot high wall	5 feet	5 feet	5 feet

TABLE XIV-1: MINIMUM REQUIRED LANDSCAPE BUFFER FOR THE VARIOUS ZONING DISTRICTS
ADJOINING PROPOSED	MULTIFAMILY	COMMERCIAL	INDUSTRIAL	PUBLIC THOROUGHFARE
Multifamily ≤ 4 units		0	0	Setback
Multifamily > 4 units	5 feet	5 feet	5 feet	10 feet
Commercial	5 feet plus 5-foot high wall	5 feet	5 feet	5 feet
Industrial	5 feet plus 5-foot high wall	5 feet	5 feet	10 feet
Vehicular use areas	5 feet plus 3-foot high wall	5 feet	5 feet	5 feet

TABLE XIV-1: MINIMUM REQUIRED LANDSCAPE BUFFER FOR THE VARIOUS ZONING DISTRICTS
ADJOINING PROPOSED	MULTIFAMILY	COMMERCIAL	INDUSTRIAL	PUBLIC THOROUGHFARE
Multifamily ≤ 4 units		0	0	Setback
Multifamily > 4 units	5 feet	5 feet	5 feet	10 feet
Commercial	5 feet plus 5-foot high wall	5 feet	5 feet	5 feet
Industrial	5 feet plus 5-foot high wall	5 feet	5 feet	10 feet
Vehicular use areas	5 feet plus 3-foot high wall	5 feet	5 feet	5 feet

TABLE XIV-1: MINIMUM REQUIRED LANDSCAPE BUFFER FOR THE VARIOUS ZONING DISTRICTS
ADJOINING PROPOSED	MULTIFAMILY	COMMERCIAL	INDUSTRIAL	PUBLIC THOROUGHFARE
Multifamily ≤ 4 units		0	0	Setback
Multifamily > 4 units	5 feet	5 feet	5 feet	10 feet
Commercial	5 feet plus 5-foot high wall	5 feet	5 feet	5 feet
Industrial	5 feet plus 5-foot high wall	5 feet	5 feet	10 feet
Vehicular use areas	5 feet plus 3-foot high wall	5 feet	5 feet	5 feet

1. 3.
  Off-street parking lots. Off-street parking lots containing at least 12 interior parking spaces shall contain landscape areas. The total size of such landscaped areas shall be equal to ten square feet for each parking space and shall be provided within the interior of an off-street parking area. A minimum of 75 percent of all trees that are required to be planted within the interior of an off-street parking area shall be category 1 shade trees, as designated in the landscape design manual. The shade trees shall be located in such a manner to produce maximum overhead canopy for the vehicles. All parking lot landscaped areas shall be planted with natural grass, ground cover, shrubbery, or other suitable live plant material. Parking lot landscaped areas shall be designed, planted, and maintained to permit clear vision between the height of two feet and eight feet above grade; however, this requirement shall not apply where the lack of clear vision is not deemed to be a safety hazard. Terminal islands, interior islands and divider medians should be designed to retain maximum water in the turf areas and are subject to the following requirements. Figure XIV-1 is an example of the location and relationship between the parking lot landscape areas and the property.
  1. a.
    Terminal islands. Each row of parking spaces shall be terminated by landscaped islands of not less than eight feet in width and not less than the length of the adjacent parking stall. Each landscaped island shall have a minimum radius of two and one-half feet at its end so as to allow car maneuvering. Each landscaped island shall contain at least one shade or flowering tree per row of parking.
  2. b.
    Interior islands. One interior landscape island shall be required for every ten parking spaces in a row. Interior landscape islands shall be at least eight feet wide measured inside the curb and shall contain at least one shade or flowering tree per row of parking.
  3. c.
    Divider medians. Divider medians shall be provided within the landscape area if there are more than three consecutive rows of parking, and they shall form a continuous landscaped strip between abutting rows of parking spaces. The divider strips shall be located to provide placement of shade trees to maximize tree canopy coverage for parking spaces. The minimum width of such a divider median shall be eight feet. Shade or flowering trees within a divider median shall be planted at 30-foot intervals. The clustering of divider median trees may be approved by the planning and zoning administrator. The maximum spacing of trees however, shall not exceed 50 feet.
  FIGURE XIV-1:
  LANDSCAPE AREAS FOR PARKING LOTS
  
  FIGURE XIV-1:
  LANDSCAPE AREAS FOR PARKING LOTS
  
  FIGURE XIV-1:
  LANDSCAPE AREAS FOR PARKING LOTS
  
  FIGURE XIV-1:
  LANDSCAPE AREAS FOR PARKING LOTS
2. 4.
  For other paved areas utilized by motor vehicles, including aisles, loading areas, circulation areas and drive-in service areas, additional landscaping shall be provided as follows: four square feet of landscaped area shall be required for each 100 square feet, or fraction thereof.
3. 5.
  Landscape areas and plant materials must be protected from vehicular encroachment by curbs or wheel stops. Parked vehicles shall not extend into a landscaped buffer area that is five or less feet wide unless two additional feet are added to the buffer. The two additional feet of landscaping shall contain no plant, irrigation device, or other object higher than six inches above the top of the curb of subsection (a) of this section. Landscape areas and sidewalks in the vehicular use area shall be designed in accordance with the minimum requirements set forth in Figure XIV-2. The usage of curbs is more preferable to wheel stops. However, wheel stops should be utilized when on-site drainage is a concern. Curbing and usage of wheel stops are subject to the following requirements:
  1. a.
    Curbs. Landscape areas shall be separated from vehicular use areas by non-mountable, concrete curbing of the type characterized as "Type D" in the current edition of the "Roadway and Traffic Design Standards Manual" prepared by the state department of transportation, or curbing of comparable durability. Extruded concrete curb shall not be placed on top of asphalt. Cemeteries shall not be required to provide curbing along internal roadways where such roadways directly abut areas of interment. Public parks and public utility facilities shall not be required to provide curbing along internal roadways. Curbing and wheel stops shall be required for cemeteries, public parks and public utility facilities in parking areas.
  2. b.
    Wheel stops. Landscape areas adjacent to off-street parking areas shall be protected from encroachment or intrusion of vehicles through the use of wheel stops. Wheel stops shall have a minimum height of six inches above the finished grade of the parking area. Wheel stops shall be anchored as approved by the city engineer and shall be continuously maintained in good condition. Only one wheel stop may be used for one parking stall. One-half wheel stop placed in front of a single wheel stall shall not be accepted.
  FIGURE XIV-2:
  DIMENSIONAL REQUIREMENTS AND SPECIFICATIONS FOR CURBS AND WHEEL STOPS
  
  FIGURE XIV-2:
  DIMENSIONAL REQUIREMENTS AND SPECIFICATIONS FOR CURBS AND WHEEL STOPS
  
  FIGURE XIV-2:
  DIMENSIONAL REQUIREMENTS AND SPECIFICATIONS FOR CURBS AND WHEEL STOPS
  
  FIGURE XIV-2:
  DIMENSIONAL REQUIREMENTS AND SPECIFICATIONS FOR CURBS AND WHEEL STOPS
4. 6.
  Parking areas containing more than 40 parking spaces shall have the following options to redistribute landscape area within the parking field to provide additional root zone for shade trees and produce maximum overhead tree canopy for the vehicles.
  1. a.
    Interior landscape islands within the perimeter row of the parking may be eliminated if the tree canopy located adjacent to the perimeter row of spaces has the potential to shade the row of parking spaces. If the corresponding length of landscape area is a required perimeter landscape buffer, it must be a minimum width of eight feet and can be planted with category 1 shade trees without inhibition by utility easements or overhead wires. The landscape area square footage of the eliminated islands must be added to other interior islands or the adjacent landscape buffer.
  2. b.
    The interval of required interior landscape islands may be increased from ten parking spaces to 12 spaces in a row if the landscape island is increased in width to ten feet, and islands are split and alternated for each of two adjacent rows of parking to minimize overlap of tree canopies.

d.
Additional landscaping requirements for multifamily residential uses. The owner of property used for multifamily residential uses shall install and maintain the following landscaping:
1. 1.
  A landscape buffer shall be required for multifamily residential uses adjacent to a public thoroughfare. Such a landscape buffer shall be equal to the setback for properties that contain four or less multifamily dwellings, and at least ten feet in width for properties that contain five or more multifamily dwellings. A landscape buffer of at least five feet in width is also required for properties that contain five or more multifamily dwellings along the multifamily residential use and the adjacent properties. The buffer strip shall be designed and landscaped as required by the following:
  1. a.
    The buffer strip shall not be interrupted at more than 20 percent of its required length to provide vehicular ingress and egress; however, this provision may be waived to accommodate normal vehicular ingress and egress for properties possessing minimal frontage along a thoroughfare;
  2. b.
    All portions of the buffer strip shall be covered with natural grass, ground cover, shrubbery, mulch, or other suitable plant material;
  3. c.
    At least one tree shall be planted in a required buffer strip for each 30 linear feet or portion thereof. Required street trees may be clustered or planted irregularly as deemed appropriate. Clustering of all required trees shall be subject to city approval.
2. 2.
  Shade trees to be planted and landscaped on the exterior of all structures as required by the following:
  1. a.
    At least two shade or flowering trees for each dwelling unit for multifamily residential structures with two to five units per structure, and at least one shade or flowering tree for each dwelling unit for multifamily residential structures with six or more units per structure.
  2. b.
    At least 40 percent of the linear feet around the exterior of all structures shall be planted with trees, shrubs or hedges.
  3. c.
    All remaining, nonpaved areas shall be covered with natural grass, ground cover, mulch or contain beds of preserved native shrubs. Artificial turf shall only be permitted subject to the requirements of section 94-451.

e.
Additional landscaping requirements for nonresidential uses. The owner of property which is used for nonresidential uses shall install and maintain the following landscaping:
1. 1.
  At least 30 percent of the linear feet around the exterior of all commercial structures shall be planted with trees, shrubs or hedges;
2. 2.
  At least 20 percent of the linear feet around the exterior of all industrial structures shall be planted with trees, shrubs or hedges;
3. 3.
  All remaining, nonpaved areas shall be covered with natural grass, ground cover, mulch or contain beds of preserved native shrubs. Artificial turf shall only be permitted subject to the requirements of section 94-451.

(Code 1979, § 33-162; Ord. No. 4191-08, § 2, 12-15-2008; Ord. No. 4420-12, § 3, 6-11-2012; Ord. No. 4660-16, § 10, 12-5-2016; Ord. No. 4689-16, § 3, 4-11-2017; Ord. No. 4756-17, § 3, 2-12-2018)

Sec. 94-444. - Miscellaneous open space standards.

Plazas. Plazas shall be developed and landscaped as provided in this section.

1.
Plazas shall be paved, open, and landscaped areas which provide place for pedestrians to enjoy the out-of-doors.
2.
Pedestrians shall have direct access to the plaza from at least one major thoroughfare and at least 50 percent of the plaza frontage.
3.
Plazas shall be at least 900 square feet in area.
4.
Curb cuts providing motor vehicle access onto a plaza are prohibited; however, plazas may be designed to provide access for emergency vehicles.
5.
At least one tree shall be planted in required plaza for each 900 square feet or portion thereof. Shade trees shall be planted within the plaza area or along the periphery.
6.
At least one linear foot of seating for every 30 square feet of plaza space. Seating surfaces shall have a depth of between 16 and 20 inches.
7.
Ramps shall provide access for the handicapped to all pedestrian and seating areas and shall be in compliance with the Americans with Disabilities Act requirements.
8.
Floors and other plaza surfaces, excluding planting areas, shall be made of concrete or other equally durable impervious surface.

(Code 1979, § 33-163; Ord. No. 4689-16, § 4, 4-11-2017)

Sec. 94-445. - Plant material standards and specifications.

All plant and nonplant material shall meet or exceed the standards and specifications of this section.

1.
Maintenance free material. To the extent practicable, all nonplant material shall be durable and maintenance-free.
2.
Plant quality. Plant materials used pursuant to the provisions of this article shall be equal to or better than Florida Department of Agriculture Number 1 Nursery Grade Standard.
3.
Nonorganic plant materials prohibited. Plastic or other nonorganic plant materials, with the exception of artificial turf, shall be prohibited from use and shall not be in compliance with the spirit or intent of this section. Artificial turf shall be subject to the requirements of section 94-451.
4.
Required plant material specifications.
1. a.
  Shade and flowering trees. Shade and flowering trees planted pursuant to the provisions of this article shall be a minimum of 12 feet in height. Up to ten percent of required trees may be reduced in size to a minimum of ten feet in height based upon species and availability. Native trees may be reduced in height to a minimum of six feet based on species and availability, if the sum of the height of the trees provided is equal to or greater to the sum of the height of the required trees. All instances of limited availability must be verified and certified by the landscape architect.
2. b.
  Palm trees. Palm species shall be a minimum of eight feet clear wood as defined in Florida grades and standards.
3. c.
  Natural grass. All natural lawn areas shall be planted with species suitable as permanent lawns in the city. Effective erosion control is mandatory in swales, rights-of-way, or other areas subject to erosion. The primary types of natural grasses used for residential, commercial, and industrial areas in South Florida are St. Augustine and Bahia cultivars. The selection of natural grass types shall be made while considering the long term economic and aesthetic effects of possible drought conditions upon the lawn areas. The following shall serve as a guide and is not meant to negate the use of other appropriate grass types for their specific site uses.
  1. 1.
    St. Augustine grass. St. Augustine grass should be used adjacent to areas that accommodate significant pedestrian traffic or where the aesthetics of the immediate area are considered an important factor.
  2. 2.
    Bahia grass. Bahia grass should be used in large, nonmanicured, turf areas such as open fields, recreation areas, road rights-of-way or other areas that are generally viewed from a distance or from a moving automobile
4. d.
  Shrubs. Shrubs for general landscape purposes planted pursuant to the provisions of this section shall be a minimum plant container size of three gallons. Container sizes for woody or herbaceous plant material, when utilized for ground cover, may vary.
5. e.
  Hedges. Hedges shall be planted at a minimum of 24 inches in height and a maximum spacing of two-foot on center. The hedge shall reach a maturity height of at least 36 inches within two years of planting in the form of a solid continuous visual screen. Exceptions and substitutions from this provision may be approved by the planning and zoning administrator in order to promote the use of slow growing or native plant materials or specification of larger size plants at installation.
6. f.
  Root systems. Plant materials shall be selected to minimize potential root system damage or interference with public utilities. Fruit and debris, other than leaves from installed plant materials, shall not constitute a nuisance within public rights-of-way or to abutting property owners.
7. g.
  Irrigation systems. Irrigation systems can be beneficial in efficiently adding water to cultivated landscape. The following guidelines shall be implemented for developing and maintaining irrigation systems.
  1. 1.
    Irrigation of existing native noninvasive plant communities. Existing native noninvasive plant communities and ecosystems maintained in a natural state may not require any additional irrigation water.
  2. 2.
    Reestablished or newly installed native noninvasive plant area. Native noninvasive plant areas that are supplements to an existing plant community or newly installed by the developer may initially require additional water to become established. Where newly planted native noninvasive areas have been installed in soils appropriate to the proposed native system, additional irrigation water after the period of establishment may not be necessary.
  3. 3.
    Cultivated landscape areas. Automatic irrigation systems shall be used for the cultivated landscape areas for all properties. Application of water through a properly maintained and regulated irrigation system can be the most efficient method of watering the landscape.
    i.
    Irrigation systems. When irrigated, cultivated areas shall be irrigated by the use of an automatic irrigation system with controllers set to apply water as noted in this section. Irrigation controllers shall be switched to manual operation during periods of increased rainfall. Rainfall or moisture sensing devices are strongly encouraged to be used to avoid operation of the system during periods of increased rainfall.
    ii.
    Coverage requirements. In all areas that are to be planted in a cultivated landscape, irrigation systems shall be designed to have 100 percent coverage and eliminate water overthrow onto nonpervious areas.
  4. 4.
    Zoning of irrigation systems. Wherever feasible, sprinkler heads irrigating lawns or other high water demand landscape areas shall be circuited so that they are on a separate zone or zones from those irrigating trees, shrubbery or other reduced water requirement areas.
  5. 5.
    Sod areas. Bahia sod areas are not required to have permanent irrigation after establishment.
8. h.
  Berm specifications. All berms shall be landscaped with trees, shrubs, ground cover, grass or hedges. Berms shall be installed subject to approval by the city engineer.
9. i.
  Prohibited trees. The following tree species are considered invasive and will overtake other plant habitats. The following tree species are therefore considered unacceptable for use as landscape trees and shall not be planted within the city and shall be removed as required for maintenance and development:
  1. 1.
    Casuarina species (Australian pine tree)
  2. 2.
    Schinus terebinthifolius (Brazilian pepper tree)
  3. 3.
    Melaleuca quinquenervia (Melaleuca tree)
  4. 4.
    Bischofia javanica (Bishopwood)
  5. 5.
    Acacia auriculaeformis (Earleaf Acacia).
  6. 6.
    Schefflera actinophylla (Schefflera).
  7. 7.
    Albizia lebbeck (Woman's Tongue).
  8. 8.
    Cupianopsis anacardioides (Carrotwood).
  9. 9.
    Plants listed in Rule 5B-57.007 F.A.C, noxious weed list from the Florida Department of Agriculture and Consumer Services as revised from time to time.
10. j.
  Limited use trees and plant materials. Plant materials characterized by large fleshy fruit, surface or buttress roots, poisonous properties, or possible interruption of visibility shall not be planted in any parkway area, in any landscaped strip, or buffer adjacent to a public right-of-way. Trees that may cause injurious harm or toxic reactions should also be of limited use.
11. k.
  Use of Ficus species. Ficus species may be planted as individual trees provided that they are no closer than 15 feet of any structure or utility. Ficus species planted within 15 feet of any structure or utility shall be permitted only if they are contained in a planter or maintained as a hedge which is constantly cultivated and does not exceed the height limitations as provided in section 94-302.
12. l.
  Plant species. A minimum of 60 percent of plant material added shall be Florida native or drought tolerant species selected from the city list or the list of species in the most recent edition of South Florida Water Management District Waterwise South Florida Landscapes.

(Code 1979, § 33-164; Ord. 3898-05, § 2, 8-29-2005; Ord. No. 4420-12, § 3, 6-11-2012; Ord. No. 4689-16, § 5, 4-11-2017; Ord. No. 4756-17, § 4, 2-12-2018)

Sec. 94-446. - Plant material installation and maintenance.

Plant material shall be installed and maintained as provided in this section.

1.
Installation .
1. a.
  Landscaping shall be installed showing skilled workmanship and according to accepted planting procedures.
2. b.
  Plant materials shall be located and installed to provide proper growing conditions and good drainage of root systems.
3. c.
  Soil in landscaped areas shall be free of debris, including paving base or fill material, and calcareous materials such as shell, lime rock, concrete, plaster, and stucco. Soil in landscaped areas shall consist of sand, peat, muck, and similar materials to produce a plastic and friable state. Such soils shall be at a minimum depth of six inches below the root ball and at least ten inches on all sides of the root ball. Planting areas are to be totally excavated whenever plant materials are installed 24 or less inches apart. Planting areas containing excessive calcareous materials shall be excavated to a minimum depth of two feet.
4. d.
  A minimum of three inches of compacted, sustainably harvested, non-cypress organic mulch shall be placed around all newly installed trees, shrubs and ground cover planting areas. The use of melaleuca mulch is encouraged. Mulch consisting of any exotic invasive species must be certified seed-free by the producer.
5. e.
  The planting of shade, flowering or fruit trees shall be installed in a sound workmanship like manner according to accepted and proper planting procedures. All trees shall be properly guyed and staked at the time of planting. Trees shall be re-staked in the event of blow-overs or other failure of the staking and guying. All guy wire and staking material should be removed as soon as the tree will stand on its own but no more than one year after planting.
6. f.
  Verification required. Written verification of proper landscaping installation by the landscape architect of record shall be provided to the city and shall include the following:
  1. 1.
    Species, including quality, type, quantity, and any other original plant specifications;
  2. 2.
    Design or location;
  3. 3.
    Irrigation; and
  4. 4.
    All other landscape structures and material used or installed in accordance with the site plan.
7. g.
  Review. The city will inspect and review the project for compliance after the verification has been received from the landscape architect.
8. h.
  Deviation. Any deviation from the approved landscape plan will be relayed to the planning and zoning administrator for further review prior to the issuance of the certificate of occupancy.
2.
Maintenance. All landscape areas shall be maintained on a regular basis, to include weeding, watering, fertilizing, pruning, mowing, edging, mulching, replacement of dead or missing landscaping, removal of prohibited plants, and other horticultural practices that are needed to keep landscaping in good condition, free from disease, insect pests, weeds, refuse, and debris. Landscape maintenance shall be carried out in a manner that will not disrupt, inconvenience or endanger any member of the public, or pedestrian, or motor vehicles. Landscaping shall be maintained in good condition, shall present a healthy, neat, and orderly appearance, and shall be free from refuse and debris. All unhealthy or dead material shall be replaced within three months. All landscaped areas, excluding reestablished or newly installed native noninvasive plant areas, Bahia sod, and areas of artificial turf installed in accordance with the provisions of section 94-451, shall be provided with a permanent automatic irrigation system.
1. a.
  Mulching. In order to preserve soil moisture, at least three inches of compacted, clean, weed free, sustainably harvested, non-cypress mulch shall be maintained over all appropriate planting areas at all times.
2. b.
  Tree trimming. Standards for trimming shall be performed in accordance with the latest pruning standards for shade trees recommended by the National Arborist Association or other professional arborist association, currently the ANSI A-300 (Part 1) Pruning, a copy of which is on file in the planning, zoning and building department. Trees in the swales and parkways shall be trimmed by the adjacent property owner to prevent impedance or interference with traffic or travel on sidewalk, street, or creating a danger to traffic by impeding or obstructing the view of intersections. Tree trimming on all properties except single family and duplex homes shall be done under the guidance of a certified arborist. Trees shall only be trimmed in the following manner:
  1. 1.
    All cuts shall be clean, flush with the branch collar and made at junctions, laterals or crotches. For overhead utility lines, the drop crotch trimming method shall be followed.
  2. 2.
    Removal of dead wood, overlapping branches, weak or insignificant branches and suckers shall be done simultaneously with any crown reduction.
  3. 3.
    Tree topping or hatracking is prohibited. The severe cutting back of limbs to stub larger than three inches in diameter within the tree's crown to such an extent so as to remove the canopy and disfigure the tree shall not be done on any tree. Trees severely damaged by natural causes or under utility wires or other obstructions where other pruning practices are not possible may be exempted from this ordinance at the determination of the planning and zoning administrator or designee.
  4. 4.
    Trimming above 13.5 feet for clearance, lions tailing, and shaping or shearing of shade trees into rounded or lollipop shapes is prohibited.
  5. 5.
    Palm trees shall be pruned to remove seed pods and dead fronds, and live, healthy fronds above horizontal shall not be removed.
3. c.
  Tree abuse. Tree abuse shall not be permitted. The following shall be considered tree abuse:
  1. 1.
    Damage inflicted upon any part of a tree including the root system by machinery, storage materials, excavation and chemical application.
  2. 2.
    Damage inflicted by cutting a tree which permits infection or pest infestation.
  3. 3.
    Improper cutting of a tree, permanently reducing the function of the tree, or causing it to go into shock; cutting which destroys the natural shape; hatracking; tears and splitting of limb ends or peeling, stripping of the bark.
  4. 4.
    Girdling a tree with use of wires, weed eaters or mower damage.
  5. 5.
    Removal of the bark more than one-tenth of the tree.
  6. 6.
    Improper staking techniques resulting in damage to the tree or the use of nails directly into the trunk.
4. d.
  Mowing. Natural grass shall be mowed as required in order to encourage deep root growth and therefore the preservation of irrigation water.
5. e.
  Edging. All roadways, curbs and sidewalks shall be edged when necessary in order to prevent encroachment from the adjacent grassed areas. The use of weed-eaters to trim lawn grasses around a tree will be done so as not to remove bark causing the deterioration and eventual death of the tree.
6. f.
  Watering. Watering of planted areas should be managed so as to maintain healthy flora, make plant material more drought tolerant, avoid excessive turf growth, minimize fungus growth, stimulate deep root growth, minimize leaching of fertilizer, and minimize cold damage.
  1. 1.
    Watering of plants and trees. Watering of plants and trees should always be in a sufficient amount to thoroughly soak the root ball of the plant and the surrounding area, there by promoting deep root growth and drought tolerance.
  2. 2.
    Operation of automatic irrigation systems. Operation of automatic irrigation systems should be in accordance with section 90-93.
  3. 3.
    Maintenance of irrigation systems. Irrigation systems shall be constantly maintained to eliminate waste of water due to loss of heads, broken pipes, misadjusted nozzles or other causes.
7. g.
  Removal of debris. Fruit and debris, other than leaves from installed plant materials, shall not constitute a nuisance within public rights-of-way.

(Code 1979, § 33-165; Ord. 3898-05, § 2, 8-29-2005; Ord. No. 4420-12, § 3, 6-11-2012; Ord. No. 4689-16, § 6, 4-11-2017; Ord. No. 4756-17, § 5, 2-12-2018)

Sec. 94-447. - Existing native noninvasive plant materials.

(Code 1979, § 33-166)

Sec. 94-448. - Protection of trees and other vegetation.

Intent. The intent of this section is to protect trees and vegetative cover within the limits of the city.

Application. The terms and provisions of this section shall apply to real property as follows:

1.
All real property upon which any designated specimen or historic tree is located. A tree may be designated a specimen or historic tree by the following criteria:
1. a.
  Historic tree. A tree may be determined to be of notable historic interest to the city due to its age, type, size, or historic association with the community; and designated as such by the city commission. A registry of historic trees shall be maintained by the planning division.
2. b.
  Specimen tree. A tree may be determined, in the judgment of a professional forester, landscape architect, arborist, horticulturist, or similar expert, to be of high value of the community, because of its type, size, age, or other professional criteria; and designated as such by the city commission. Specimen trees may be protected by conditions of approval of development orders.
2.
All vacant and undeveloped property, and property containing no permanent buildings.
3.
All property containing permanent structures, upon which no designated specimen or historic tree is located.
4.
All redeveloped property.

Permits required.

1.
Tree alteration permit. Historic trees, specimen trees, and any other trees or vegetation located on property subject to the provisions of this section shall not be removed, relocated, or replaced unless a tree alteration permit is obtained. Tree alteration permit applications shall be provided by the planning and zoning administrator. The application shall include a written statement that specifies the location of the property, expected use of the property, and reasons for removal, relocation, or replacement. The planning and zoning administrator may require submission of a landscape plan or aerial photograph when a permit is requested.
2.
Removal of trees and shrubs. A permit to remove trees and vegetation shall not be issued unless one or more of the following conditions exists:
1. a.
  The tree is not a designated historic or specimen tree per section 94-448(c)(1)b.
2. b.
  The tree cannot be relocated on or off the site because of its age, type, or size.
3. c.
  The trees or shrubs constitute an unreasonable impediment to development of a permitted use of the property by virtue of their location in a buildable area or yard area where structures or improvements are to be placed.
4. d.
  The trees or shrubs are diseased, injured, in danger of falling, too close to existing or proposed structures, interfere with existing or proposed utility services, create unsafe visual conditions affecting vehicular traffic, conflict with requirements of other ordinances of this chapter, or are a threat to the public health, safety, and welfare.
5. e.
  The trees that are prohibited trees as specified in subsection 94-445(4)i.
6. f.
  The planning and zoning administrator's decision for removal will be in the public interest.
3.
Tree relocation and replacement. The applicant for a tree removal permit shall be required to relocate or replace trees to be removed or provide payment in lieu thereof into the landscape trust account for trees that cannot be relocated, replaced or installed due to preexisting site development constraints as determined by the planning and zoning administrator. Native trees and palms in good condition must be preserved on site or relocated. Relocated trees shall be installed in a sound and skilled manner according to accepted planting practices and shall be in accordance with the following:
1. a.
  If the tree is transplanted, it shall be moved by the property owner in accordance with the National Arborist Association Standards or other professional arborist association, currently the ANSI A-300 standards, to another location within the city and maintained by the new property owner.
2. b.
  If a tree on public property is willfully destroyed by anyone except the city forester/arborist, the tree must be substituted with an equivalent replacement that is approved by the forester/arborist or designer on the site from which the destroyed tree was removed.
3. c.
  No permit shall be required for the removal of trees that are dead, severely diseased, are invasive exotic species, or are destroyed by natural causes. This includes trees that are planted in a certified nursery or botanical garden.

Tree replacement.

1.
Characteristics. Replacement trees shall have shade and screening potential equal to or superior to that of the trees they replace at the time of the initial installation, except as provided as follows:
1. a.
  Trees that are 20 feet or more in canopy size shall be mitigated based upon the size of the existing tree canopy, not the number of trees (i.e., if 100 square feet of existing canopy is removed, 100 square feet of canopy shall be planted). Suggested tree species listed by canopy coverage category can be referenced as provided in the landscape design manual, as amended from time to time, and available for inspection in the planning and zoning division.
2. b.
  Palm trees shall be mitigated on a one for one basis. When palm trees are substituted for shade trees, the equivalent canopy shall be replaced according to the category of the replacement species.
2.
Payment in lieu. If it is determined by the planning and zoning administrator that the application for tree removal meets the permit requirements of subsections (d)(1) and (d)(3) above, but replacement, relocation or installation of trees and shrubs is not feasible due to site constraints, the following shall apply:
1. a.
  The applicant/owner shall make payment to the city's landscape trust account in lieu of actual tree or shrub replacement or installation. Funds collected pursuant to this section shall be expended for the purchase of trees for placement on public properties within the city.
2. b.
  The payment due shall be calculated based upon the costs for the number and type of tree(s) and/or shrubs required to be replaced or installed based upon the current edition of the plant finder catalog, plus installation cost equal to one times the cost.
3.
Minimum standards. All replacement trees shall be equal to or better than Florida Department of Agriculture Number 1 Nursery Grade Standard. All trees replaced or relocated pursuant to this section must be in a healthy, living condition one year from the date of planting. Replacements that are not established, have failed to a degree that survival is not probable, or have died must be replaced with healthy specimens. Such replacements must continue until a tree is established at the approved location.
4.
Waivers of replacement standards. Minimum standards may be waived if the applicant can demonstrate that current market conditions result in a shortage of appropriate replacement trees.

Tree protection.

1.
Land clearing and construction. During land altering and construction, protective barriers specified by the planning and zoning administrator shall be erected and maintained around all trees or groups of trees to be protected. The movement of equipment or the storage of equipment, materials, and placement of debris or fill within protective barriers is prohibited.
2.
Toxic substances. During land alteration and construction, the cleaning of equipment or materials and the disposal of waste material such as paint, oil, solvents, asphalt, concrete, or mortar within the dripline of any tree or groups of trees is prohibited. Contaminated earth must be replaced.
3.
Attachments and wires. Attachments or wires, except those of a protective nature, shall not be attached to any tree.
4.
Alternate means of protection. Trees located within portions of a development site where land clearing and construction activities will not occur or where heavy machinery will not operate shall not require protective barriers. Such areas shall be staked and roped, ribboned, or otherwise designated.
5.
Removal of dangerous trees. A tree alteration permit for the removal of a tree determined by competent authority to be in a hazardous or dangerous condition so as to endanger the public health, welfare, or safety, and require immediate removal without delay, may be issued after such tree has been removed.
6.
Suspension. Following an emergency such as a hurricane, tropical storm, tornado, or flood, and other natural causes such as drought conditions and freeze damage, the requirements of this section may be suspended by the planning and zoning administrator for a period of 30 days. Such a suspension shall apply only to trees which have been damaged beyond saving or are a hazard, provided that the planning and zoning administrator is notified of the intended removal at least 24 hours prior to removal.
7.
Exemptions. All licensed plant or tree nurseries and tree farms shall be exempt from the provisions of this section. However, this exemption shall apply only to those trees planted and growing on the premises of the licensee and intended for sale to the general public in the ordinary course of business.
8.
Exempt trees. The trees and species listed in section 94-445(h)i. shall be exempt from the provisions of this section.
9.
Removal and disposal of diseased trees. Trees which are determined by the planning and zoning administrator to be diseased and to be a potential source for contaminating other trees, or for spreading tree infection or disease, shall be removed and disposed of without undue delay on an emergency basis, as the circumstances may require. The lethal yellowing disease of coconut trees shall be considered an emergency tree infection or disease.
10.
Trees on city property. Trees on city property shall not be removed by any firm, corporation, or individual unless prior approval is granted by the city manager or that official's designee.
11.
Removal and disposal of prohibited trees. Trees which are included as prohibited trees pursuant to subsection 94-445(4)i shall be removed and disposed of from the entire site before a certificate of occupancy can be obtained.

(Code 1979, § 33-167; Ord. No. 4433-12, § 4, 9-18-2012; Ord. No. 4514-14, § 1, 6-9-2014; Ord. No. 4689-16, § 7, 4-11-2017; Ord. No. 4756-17, § 6, 2-12-2018)

Sec. 94-449. - Land clearing permit.

Permit required. Land clearing, land removing, or land filling activities shall not occur unless a land clearing permit has be issued.

Requirement for tree alteration permits. Tree alteration permits shall be approved for the removal or relocation of trees only as provided in 94-448.

Permit requirements. A land clearing permit shall not be issued unless one of the following conditions exist:

1.
The proposed land clearing, including removal of vegetation and trees, grading, removal and disposal of all prohibited trees, filling, contouring, and similar actions, is necessary to allow the permitted use of property.
2.
A tree removal permit, if necessary, has been issued.
3.
Appropriate measures, pursuant to this section, have been completed to protect existing native noninvasive trees and vegetation.

(Code 1979, § 33-168; Ord. No. 4689-16, § 8, 4-11-2017)

Sec. 94-450. - Littoral planting zones.

1.
Minimum planting area. At least 50 percent of the shoreline shall be planted with wetland trees and/or aquatic plants at ten square feet of littoral zone for every one linear foot of shoreline.
2.
Minimum planting standards. There shall be a minimum of one tree for every 80 linear feet, and plants shall be on a minimum of three-foot centers.
3.
Slope. Shelf slope and size shall be noted on the landscape plan in the form of a cross section drawing and respective specifications based on actual plant and tree requirements.

(Ord. No. 4689-16, § 10, 4-11-2017)

Editor's note— Ord. No. 4689-16, § 9, adopted April 11, 2017, renumbered § 94-450 as 94-316, and enacted a new § 94-450 as set out herein.

Sec. 94-451. - Artificial turf.

The use and location of artificial turf shall be limited to the following:

1.
The construction of non-city-owned athletic fields and playgrounds associated with a non-city-owned community center, park, school, or university;
2.
As part of the construction of any nonresidential development;
3.
On roof top terraces;
4.
On residential lots in the rear setback and side setback; or
5.
In multifamily residential developments as part of a recreation or amenity area.

With the exception of those circumstances in which artificial turf is installed pursuant to subsection (a)(1) above, artificial turf shall not be:

1.
A part of any landscape buffers required by this article;
2.
Visible from a road or street;
3.
Installed within permanent drainage features (e.g., ponds, swales).

Minimum material standards. All artificial turf shall comply with each of the following minimum standards:

1.
Artificial turf shall consist of green lifelike individual blades of grass that emulate natural turf in look and color.
2.
Where artificial turf is utilized for institutional recreational uses (e.g., playgrounds, athletic fields), the artificial turf product installed shall be designed for the intended use and meet the appropriate additional standards.
3.
Artificial turf installations shall have a minimum permeability of 30 inches per hour per square yard.
4.
All artificial turf shall have a minimum eight year manufacturer's warranty that protects against color fading and a decrease in pile height.
5.
Artificial turf shall be lead free.
6.
All materials must include test documentation which declares that the artificial turf yarn and backing materials are disposable under normal conditions, at any U.S. landfill station (Total Content Leach Protocol (TCLP) test). Documentation must also be provided that identifies all components that are recyclable and all components that consist of recycled material.
7.
The use of indoor or outdoor plastic or nylon carpeting as a replacement for artificial turf or natural turf shall be prohibited.

Installation, maintenance and repair .

1.
All artificial turf shall, at a minimum, be installed according to the manufacturer's specifications.
2.
All artificial turf installations shall be anchored to ensure that the turf will withstand the effects of wind.
3.
All seams shall be secured and edges shall be trimmed to fit against all regular and irregular edges to resemble a natural look.
4.
If artificial turf is planned to be installed immediately adjacent to a seawall, the artificial turf shall be pinned or staked behind the seawall. No artificial turf or installation mechanism shall be attached directly to or placed on a seawall or seawall cap.
5.
Proper drainage shall be provided for all artificial turf installations to prevent excess runoff or pooling of water.
6.
Artificial turf shall be visually level, with the grain pointing in a single direction.
7.
An appropriate solid barrier device (e.g., concrete mow strip, bender board) is required to separate artificial turf from soil and live vegetation.
8.
Precautions for installation around existing trees shall be monitored and may be restricted to ensure tree roots are not damaged with the installation of the base material and that the overall health of the tree will not be compromised
9.
All artificial turf shall be maintained in a green fadeless condition and shall be maintained free of dirt, mud, stains, weeds, debris, tears, holes, and impressions. Maintenance shall include, but not be limited to cleaning, brushing, debris removal; repairing of depressions and ruts to maintain a visually-level surface; elimination of any odors, flat or matted areas, weeds, and invasive roots; and all edges of the artificial turf shall not be loose and must be maintained with appropriate edging or stakes.
10.
All artificial turf must be replaced if it falls into disrepair with fading or holes or loose areas. Replacement and/or repairs shall be done with like for like materials from the same manufacturer and done so in a manner that results in a repair that blends in with the existing artificial turf.

An owner or applicant shall obtain a duly-authorized building permit from the city's development services department prior to the installation of any artificial turf.

(Ord. No. 4420-12, § 2, 6-11-2012; Ord. No. 4689-16, § 11, 4-11-2017; Ord. No. 4756-17, § 7, 2-12-2018)

Sec. 94-452. - Roadway beautification.

Intent. The intent of this section is to beautify public roads and keep the public roads aesthetically pleasing with landscaping and other enhancements.

Applicability .

1.
The standards contained in this section shall apply to all public rights-of-way which are adjacent, contiguous or internal to existing and proposed residential and nonresidential developments. Landscaping and irrigation are required within roadway medians and road shoulders. All approved planned developments that are subject to major amendments, shall be required to landscape, irrigate and maintain improvements within adjacent and/or contiguous public rights-of-way. If a development order requires road improvements not adjacent and/or contiguous to the development, the petitioner of the development shall landscape and irrigate said road. Unless otherwise approved through a development order or other agreement, developers and their successors or assigns shall be responsible for the installation and maintenance of roadway landscaping, including irrigation. Where roads have been landscaped and enhanced, but become nonconforming due to safety standards implemented by this section, nonconformities may be rectified during future road improvements by the person or entity making the improvements.
2.
As new developments are approved, property owners on both sides of the road shall be required to share the cost of landscape and irrigation maintenance for medians and/or road shoulders based on the linear frontage of each development or by the square footage of the area to be maintained.

Landscape plans. Landscape plans for rights-of-way shall be submitted by the applicant and approved with each development approval.

Installation .

1.
Landscaping installation shall be in accordance with applicable state and/or county engineering standards and this code. All landscaping and irrigation within the right-of-way shall be installed and completed within six months from the issuance of the clearing permit for said project or as otherwise approved by the city commission. The preparation of the soil within the road right-of-way shall include excavation of material detrimental to plant growth. Best management practices shall be used for proper soil preparation and drainage of the site. The water source for the roadway landscaping shall originate from the developer's project.
2.
The developer shall be responsible for obtaining all permits through the appropriate agencies.

Enforcement. Failure to install and maintain roadway landscaping, including plant replacement, shall be a violation of this section as well as development order conditions, if applicable.

(Ord. No. 4689-16, § 12, 4-11-2017)

Sec. 94-453. - Nonconforming landscape areas.

1.
Requirements for existing sites.
1. a.
  The city shall use approved landscape plans or development orders as the minimum landscape installation standard and requirement for a developed site.
2. b.
  If an approved landscape plan is not on file with the city, the existing landscaping becomes a living plan of record and as such has the same standards and protection as allowed under provisions set forth in this article, similar to a landscape filed with and approved by the city.

Maintenance. Nonconforming areas are not exempt from minimum maintenance standards.

(Ord. No. 4689-16, § 13, 4-11-2017)

Secs. 94-454—94-480. - Reserved.

West Palm Beach City Zoning Code

ARTICLE XIV

- LANDSCAPING, LAND CLEARING, TREE PROTECTION, AND ARTIFICIAL TURF

Contents:

Sec. 94-441. - Intent, application, exemptions and conflicts, Florida friendly landscape principles.

Intent. The intent of the landscaping and tree protection requirements of this article is:

1.
To establish standards to protect and to enhance community appearance by the installation of appropriate landscaping and screening materials within the city;
2.
To promote the conservation of water by encouraging the preservation of native plant communities and ecosystems, the use of site specific plant materials, the utilization of Florida friendly landscape principles;
3.
To maintain permeable land areas essential to surface water management and aquifer recharge;
4.
To protect and expand the community wide tree canopy;
5.
To maintain and increase the value of land by incorporating a minimum amount of landscaping into development;
6.
To establish parameters for the use of artificial turf;
7.
To eradicate or control certain exotic and invasive plant species which have become nuisances because of their tendency to damage public and private works, have a negative effect upon public health, or disrupt and destroy native ecosystems;
8.
To encourage prudent and skilled workmanship for the installation and maintenance of all plant materials;
9.
To promote energy conservation through design placement of trees and shrubs, achieving cooling through the provision of shade, thereby helping to offset global warming and local heat island effects,
10.
To establish procedures and standards for the administration and enforcement of this article.

Exemptions. The following development shall be exempt from the standards of this article:

1.
Buildings or structures accessory to single-family or duplex development.
2.
Renovations, repair, alteration or redevelopment which does not exceed 50 percent of the value of the structure.
3.
Tee, fairway, putting green and other natural or manmade landscape features of a golf course development. The clubhouse, vehicular use areas and other nongreen areas however, shall conform to the requirements of this article.
4.
Developments only when specifically noted by this chapter.

1.
The right plant in the right place by selecting plants that match the sites soil, light, water and climate conditions, with an aim for a diversity of trees, shrubs, groundcover and flowers, and plants that welcome wildlife.
2.
More efficient irrigation by grouping plants with similar watering needs together and zoning the irrigation system accordingly.
3.
Fertilize in compliance with the requirements of this Code at chapter 34, article V, Florida friendly fertilizer use.
4.
Maintain landscape beds well mulched with at least two inches of space around tree trunks to prevent rot, using sustainably harvested mulch, such as melaleuca, pine straw or eucalyptus.
5.
Attract wildlife by selecting plants with seeds, fruit, foliage, flowers or berries that animals can eat; increasing vertical layering of vegetation; and reducing insecticide use.
6.
Utilize integrated pest management principles by selecting pest-resistant plants, spot treating pests with selective spectrum pesticide applied in accordance with label instructions.
7.
Compost and re-cycle yard waste and debris.
8.
Retain rainfall and irrigation with shallow rain gardens or swales; direct downspouts toward garden area and utilize permeable material for walkways, driveways and patios.
9.
Protect water bodies by not mowing or utilizing pesticides within ten feet of a water body.

(Code 1979, § 33-160; Ord. No. 4420-12, § 3, 6-11-2012; Ord. No. 4433-12, § 2, 9-18-2012; Ord. No. 4449-13, § 25, 3-19-2013; Ord. No. 4689-17, § 1, 4-11-2017; Ord. No. 4756-17, § 1, 1-12-2018)

Sec. 94-442. - Open space landscape requirements.

Intent. The intent of this section is to provide standards for landscaping open space areas when required by this chapter.

Landscape plans .

1.
Landscape plans, excluding those prepared for single-family dwelling units, shall be prepared by persons as authorized by F.S. ch. 481, pt. II (landscape architecture).
2.
Landscape plan requirements. When required, a landscape plan shall contain the following:
1. a.
  Date, north arrow, and graphic scale.
2. b.
  The location of all existing or proposed structures, improvements, and uses.
3. c.
  The location of property lines, existing or proposed setback.
4. d.
  The location of existing or proposed underground or overhead utility services.
5. e.
  Location of all proposed trees, shrubs, ground covers, and other landscape materials.
6. f.
  The common and botanical name, size, and location of all trees and vegetation on the site. A table showing the size and quantity of all proposed landscape materials. A key which identifies all landscape materials shown on the plan.
7. g.
  Tabulation clearly displaying the relevant statistical information necessary for the evaluation of compliance with the provisions of this article. This includes gross acreage or square footage, gross open space, square footage of preservation areas, square footage of paved and landscaped areas, and such other information as the city deems appropriate.
8. h.
  Phasing of the site including any temporary landscaping.
9. i.
  Location and width of any proposed dedication of property for public rights-of-way.
10. j.
  Location and screening of all garbage receptacles.
11. k.
  Location, dimensions and screening of all proposed satellite dishes and ground mounted mechanical and utility equipment.
12. l.
  Delineation of the existing and proposed parking spaces, or other vehicular use areas, access aisles, driveways, terminal islands, interior islands, divider medians and similar features.
13. m.
  Delineation of irrigation coverage, sensors location and high, medium and low zones of water usage if taking credit for these items in Florida friendly landscaping section; and details of the cross section of root ball and staking detail.
14. n.
  Statement that all landscaped areas, excluding those areas with native noninvasive plants, will be provided with permanent, automatic irrigation.
15. o.
  A tabulation clearly displaying each technique and method proposed to satisfy the Florida friendly landscape point system requirement and its accompanying point allocation.
16. p.
  Nature of adjacent land uses.
17. q.
  Existing landscaping on adjacent properties within ten feet of the property line.
18. r.
  Information on protection of existing trees, relocation and removal of existing trees, and mitigation proposed.

General standards. All open space, as required by this chapter, shall be landscaped as provided in this section.

1.
Landscaping generally. All open space, excluding vehicular and pedestrian circulation features and surface parking, shall be covered with natural grass, ground cover, shrubbery, or other suitable plant material, or may have paved active recreation areas, patios, terraces, pedestrian circulation areas, swimming pools, water features, and similar site components incorporated in the open space designs. Artificial turf shall only be permitted and installed in accordance with the standards of section 94-451.
2.
General landscaping standards for single-family dwelling units and all other developments. General landscaping standards for single-family dwelling units and all other developments shall be as follows:
1. a.
  Single-family dwelling units. For single-family and duplex dwelling units, at least one shade or flowering tree shall be planted for each 1,000 square feet of open space or portion thereof. At least one shrub shall be planted for each 500 square feet of open space or portion thereof. Front yards shall be landscaped to meet the requirements of section 94-482(a).
2. b.
  All other developments. The general landscaping standards for all other developments shall be as follows:
  1. 1.
    Trees. At least one shade tree shall be planted for each 1,500 square feet of required open space or portion thereof. At least one flowering tree shall be planted for each 6,000 square feet of required open space or portion thereof. Required trees may be planted at uniform intervals, at random, or in groupings. The calculation of trees for this provision may include those required for buffering, screening, or to improve aesthetics within the site.
  2. 2.
    Shrubs. At least one shrub shall be planted for each 500 square feet of required open space or portion thereof.
  3. 3.
    Natural grass. Grass areas shall not exceed 60 percent of the required landscape area.
3.
Amount of plant material required. The total open space area required shall determine the number of trees and shrubs to be planted. Required open space is established by each zoning district's regulations set forth in this Code. The total amount of plant material required shall not be affected by that portion of the open space area devoted to active recreation purposes, patios, terraces, pedestrian circulation, and similar amenities.

Clear vision requirements. Landscaping shall be installed in accordance with the clear vision requirements of subsection 94-305(e).

DESIGN OPTIONS:			POINTS
(1)	Utilization of moisture sensing controller other than rainswitch, alternate source of water such as a cistern, or highly efficient system that promotes water conservation.		10
(2)	Plan submitted with low, moderate, and high water usage zones indicated.		5
(3)	Groundcover or Grass:
	a.	25—50 percent of the groundcover or grass areas are made up of natural drought tolerant species from the list*	5
	b.	51 percent or more of the groundcover or grass areas are made up of natural drought tolerant grass species from the list*	10
	c.	25—50 percent of the groundcover or grass areas are made up of Florida native plants.	10
	d.	51 percent or more of the groundcover or grass areas are made up of Florida native plants.	15
(4)	Shrubs:
	a.	25—50 percent of the required shrubs are made up of natural drought tolerant species from the list*	5
	b.	51 percent or more of the required shrubs are made up of natural drought tolerant species from the list*	10
	c.	25—50 percent of the required shrubs are made up of Florida native plants.	10
	d.	51 percent or more of the required shrubs are made up of Florida native plants.	15
(5)	Trees:
	a.	25—50 percent of the required trees are made up of natural drought tolerant species from the list*	5
	b.	51 percent or more of the required trees are made up of natural drought tolerant species from the list*	10
	c.	25—50 percent of the required trees are made up of Florida native plants.	10
	d.	51 percent or more of the required trees are made up of Florida native plants.	15
(6)	Extra shade trees in vehicular use areas:
	a.	25 percent more than the required shade trees planted in the vehicular use areas.	5
	b.	50 percent more than the required shade trees planted in the vehicular use areas.	10
(7)	Natural sod area less than 50 percent of provided landscape area.		10
(8)	Utilization of compacted mulched planting beds at least three inches in depth in all planted areas except ground covers.		5
NOTES:
*The list of drought tolerant natural grass, shrubs, and tree species is contained in Waterwise, the South Florida Water Management District plant and landscape practices guide, as may be amended. Additional low water use plant species may be accepted with verified documentation. These species should however, not include invasive species. A listing of these drought tolerant species may also be obtained from the planning department.

DESIGN OPTIONS:			POINTS
(1)	Utilization of moisture sensing controller other than rainswitch, alternate source of water such as a cistern, or highly efficient system that promotes water conservation.		10
(2)	Plan submitted with low, moderate, and high water usage zones indicated.		5
(3)	Groundcover or Grass:
	a.	25—50 percent of the groundcover or grass areas are made up of natural drought tolerant species from the list*	5
	b.	51 percent or more of the groundcover or grass areas are made up of natural drought tolerant grass species from the list*	10
	c.	25—50 percent of the groundcover or grass areas are made up of Florida native plants.	10
	d.	51 percent or more of the groundcover or grass areas are made up of Florida native plants.	15
(4)	Shrubs:
	a.	25—50 percent of the required shrubs are made up of natural drought tolerant species from the list*	5
	b.	51 percent or more of the required shrubs are made up of natural drought tolerant species from the list*	10
	c.	25—50 percent of the required shrubs are made up of Florida native plants.	10
	d.	51 percent or more of the required shrubs are made up of Florida native plants.	15
(5)	Trees:
	a.	25—50 percent of the required trees are made up of natural drought tolerant species from the list*	5
	b.	51 percent or more of the required trees are made up of natural drought tolerant species from the list*	10
	c.	25—50 percent of the required trees are made up of Florida native plants.	10
	d.	51 percent or more of the required trees are made up of Florida native plants.	15
(6)	Extra shade trees in vehicular use areas:
	a.	25 percent more than the required shade trees planted in the vehicular use areas.	5
	b.	50 percent more than the required shade trees planted in the vehicular use areas.	10
(7)	Natural sod area less than 50 percent of provided landscape area.		10
(8)	Utilization of compacted mulched planting beds at least three inches in depth in all planted areas except ground covers.		5
NOTES:
*The list of drought tolerant natural grass, shrubs, and tree species is contained in Waterwise, the South Florida Water Management District plant and landscape practices guide, as may be amended. Additional low water use plant species may be accepted with verified documentation. These species should however, not include invasive species. A listing of these drought tolerant species may also be obtained from the planning department.

DESIGN OPTIONS:			POINTS
(1)	Utilization of moisture sensing controller other than rainswitch, alternate source of water such as a cistern, or highly efficient system that promotes water conservation.		10
(2)	Plan submitted with low, moderate, and high water usage zones indicated.		5
(3)	Groundcover or Grass:
	a.	25—50 percent of the groundcover or grass areas are made up of natural drought tolerant species from the list*	5
	b.	51 percent or more of the groundcover or grass areas are made up of natural drought tolerant grass species from the list*	10
	c.	25—50 percent of the groundcover or grass areas are made up of Florida native plants.	10
	d.	51 percent or more of the groundcover or grass areas are made up of Florida native plants.	15
(4)	Shrubs:
	a.	25—50 percent of the required shrubs are made up of natural drought tolerant species from the list*	5
	b.	51 percent or more of the required shrubs are made up of natural drought tolerant species from the list*	10
	c.	25—50 percent of the required shrubs are made up of Florida native plants.	10
	d.	51 percent or more of the required shrubs are made up of Florida native plants.	15
(5)	Trees:
	a.	25—50 percent of the required trees are made up of natural drought tolerant species from the list*	5
	b.	51 percent or more of the required trees are made up of natural drought tolerant species from the list*	10
	c.	25—50 percent of the required trees are made up of Florida native plants.	10
	d.	51 percent or more of the required trees are made up of Florida native plants.	15
(6)	Extra shade trees in vehicular use areas:
	a.	25 percent more than the required shade trees planted in the vehicular use areas.	5
	b.	50 percent more than the required shade trees planted in the vehicular use areas.	10
(7)	Natural sod area less than 50 percent of provided landscape area.		10
(8)	Utilization of compacted mulched planting beds at least three inches in depth in all planted areas except ground covers.		5
NOTES:
*The list of drought tolerant natural grass, shrubs, and tree species is contained in Waterwise, the South Florida Water Management District plant and landscape practices guide, as may be amended. Additional low water use plant species may be accepted with verified documentation. These species should however, not include invasive species. A listing of these drought tolerant species may also be obtained from the planning department.

DESIGN OPTIONS:			POINTS
(1)	Utilization of moisture sensing controller other than rainswitch, alternate source of water such as a cistern, or highly efficient system that promotes water conservation.		10
(2)	Plan submitted with low, moderate, and high water usage zones indicated.		5
(3)	Groundcover or Grass:
	a.	25—50 percent of the groundcover or grass areas are made up of natural drought tolerant species from the list*	5
	b.	51 percent or more of the groundcover or grass areas are made up of natural drought tolerant grass species from the list*	10
	c.	25—50 percent of the groundcover or grass areas are made up of Florida native plants.	10
	d.	51 percent or more of the groundcover or grass areas are made up of Florida native plants.	15
(4)	Shrubs:
	a.	25—50 percent of the required shrubs are made up of natural drought tolerant species from the list*	5
	b.	51 percent or more of the required shrubs are made up of natural drought tolerant species from the list*	10
	c.	25—50 percent of the required shrubs are made up of Florida native plants.	10
	d.	51 percent or more of the required shrubs are made up of Florida native plants.	15
(5)	Trees:
	a.	25—50 percent of the required trees are made up of natural drought tolerant species from the list*	5
	b.	51 percent or more of the required trees are made up of natural drought tolerant species from the list*	10
	c.	25—50 percent of the required trees are made up of Florida native plants.	10
	d.	51 percent or more of the required trees are made up of Florida native plants.	15
(6)	Extra shade trees in vehicular use areas:
	a.	25 percent more than the required shade trees planted in the vehicular use areas.	5
	b.	50 percent more than the required shade trees planted in the vehicular use areas.	10
(7)	Natural sod area less than 50 percent of provided landscape area.		10
(8)	Utilization of compacted mulched planting beds at least three inches in depth in all planted areas except ground covers.		5
NOTES:
*The list of drought tolerant natural grass, shrubs, and tree species is contained in Waterwise, the South Florida Water Management District plant and landscape practices guide, as may be amended. Additional low water use plant species may be accepted with verified documentation. These species should however, not include invasive species. A listing of these drought tolerant species may also be obtained from the planning department.

(Code 1979, § 33-161; Ord. No. 4066-07, § 3, 10-22-2007; Ord. No. 4420-12, § 3, 6-11-2012; Ord. No. 4433-12, § 2, 9-18-2012; Ord. No. 4689-16, § 2, 4-11-2017; Ord. No. 4756-17, § 2, 2-12-2018)

Sec. 94-443. - Nonresidential and multifamily screening and buffering requirements.

1.
Protective screen walls .
1. a.
  Walls shall be at least five feet in height, except, when erected within 20 feet of a residential front property line, shall be reduced to 30 inches in height. Walls shall be constructed of brick, decorative concrete, other decorative masonry, or comparably durable and aesthetic wood or metal, excluding metal or wood slats in chainlink fences.
2. b.
  Walls shall not contain any openings except those gates or similar means of access that may be approved in the course of site plan review.
3. c.
  Walls shall extend the full length of the nonresidential property adjacent to a residential district. Walls in excess of 30 inches in height shall not be erected within 20 feet of a residential front property line. The five-foot wide landscape buffer shall be installed between the required wall and the property line when an alley separates the nonresidential property and the residential district.
2.
Landscape buffer .
1. a.
  All landscape buffers shall be a minimum of five feet in width.
2. b.
  All portions of the landscape buffer shall be covered with natural grass, ground cover, shrubbery, mulch, or other suitable live plant material.
3. c.
  At least one shade or flowering tree shall be planted in a required buffer for each 30 linear feet or portion thereof. Required shade or flowering trees may be planted at intervals or may be clustered if clustering improves the effectiveness of the buffer. Required trees to serve as a landscape buffer adjacent to a residential zoning district must be visible from the opposite side of the wall to enhance the buffering effect. Clustering of required trees shall be subject to city approval. If there is additional landscape area adjacent to the buffer strip, required trees may be placed adjacent to the buffer strip to allow a greater area for tree development.
4. d.
  Hedges shall be planted in a required landscape buffer at two-foot intervals or clustered if the effectiveness of the buffer is improved.
5. e.
  The amount of required plant material and of required buffer length shall be measured along the centerline of the buffer.
6. f.
  Required trees, hedges and shrubs may not be clustered when planted next to buffer parking lots.

1.
For industrial uses and uses in industrial districts, the buffer strip shall be at least ten feet wide along the edge of property when adjacent to a public thoroughfare and at least five feet wide along the edge of property when adjacent to nonresidential zoning districts. For all other nonresidential uses, the buffer strip shall be at least five feet wide along the entire edge of property when adjacent to a public thoroughfare, and when adjacent to nonresidential zoning districts.
2.
The buffer strip may not be interrupted by more than 25 percent of its required length to provide for signs or vehicular ingress and egress. This provision may be waived by the planning and zoning administrator to accommodate normal vehicular ingress and egress for properties possessing less than 100 feet of frontage along a thoroughfare. However, not more than 50 percent of this requirement may be waived.
3.
Trees, shrubs, natural grass, ground cover, or other suitable live plant material shall be planted over the entire buffer strip area. However, paving may be used in areas of intensive pedestrian circulation.
4.
At least one shade or flowering tree shall be planted in a required buffer strip for each 30 linear feet or portion thereof. Paved areas used for pedestrian circulation and vehicular access shall be included when calculating the length of the buffer strip. Trees may be clustered or planted irregularly as deemed appropriate. Clustering of required trees shall be subject to city approval.
5.
To determine the amount of required plant material, the required buffer strip length shall be measured along the centerline of the buffer.

1.
A decorative wall: Vehicular use areas shall be screened from residential uses and districts by a 36-inch high brick, decorative concrete, other decorative masonry, or comparably durable wood or metal wall around the periphery. The screen does not include metal or wood slats in chainlink fences. The wall may not be interrupted along more than 20 percent of required length to provide vehicular ingress and egress; however, this provision may be waived to accommodate normal vehicular ingress and egress for properties possessing minimal frontage.
2.
A landscaped buffer. Vehicular use areas shall be screened from thoroughfares and residential uses and districts by a landscape buffer of at least five feet in width. Hedges shall be planted within the landscape buffer and are subject to the requirements of subsection 94-445(4)e. Shade trees must be planted at 30-foot intervals. The requirements of this section shall not apply when property lines are adjacent to an existing structure.

TABLE XIV-1: MINIMUM REQUIRED LANDSCAPE BUFFER FOR THE VARIOUS ZONING DISTRICTS
ADJOINING PROPOSED	MULTIFAMILY	COMMERCIAL	INDUSTRIAL	PUBLIC THOROUGHFARE
Multifamily ≤ 4 units		0	0	Setback
Multifamily > 4 units	5 feet	5 feet	5 feet	10 feet
Commercial	5 feet plus 5-foot high wall	5 feet	5 feet	5 feet
Industrial	5 feet plus 5-foot high wall	5 feet	5 feet	10 feet
Vehicular use areas	5 feet plus 3-foot high wall	5 feet	5 feet	5 feet

TABLE XIV-1: MINIMUM REQUIRED LANDSCAPE BUFFER FOR THE VARIOUS ZONING DISTRICTS
ADJOINING PROPOSED	MULTIFAMILY	COMMERCIAL	INDUSTRIAL	PUBLIC THOROUGHFARE
Multifamily ≤ 4 units		0	0	Setback
Multifamily > 4 units	5 feet	5 feet	5 feet	10 feet
Commercial	5 feet plus 5-foot high wall	5 feet	5 feet	5 feet
Industrial	5 feet plus 5-foot high wall	5 feet	5 feet	10 feet
Vehicular use areas	5 feet plus 3-foot high wall	5 feet	5 feet	5 feet

TABLE XIV-1: MINIMUM REQUIRED LANDSCAPE BUFFER FOR THE VARIOUS ZONING DISTRICTS
ADJOINING PROPOSED	MULTIFAMILY	COMMERCIAL	INDUSTRIAL	PUBLIC THOROUGHFARE
Multifamily ≤ 4 units		0	0	Setback
Multifamily > 4 units	5 feet	5 feet	5 feet	10 feet
Commercial	5 feet plus 5-foot high wall	5 feet	5 feet	5 feet
Industrial	5 feet plus 5-foot high wall	5 feet	5 feet	10 feet
Vehicular use areas	5 feet plus 3-foot high wall	5 feet	5 feet	5 feet

TABLE XIV-1: MINIMUM REQUIRED LANDSCAPE BUFFER FOR THE VARIOUS ZONING DISTRICTS
ADJOINING PROPOSED	MULTIFAMILY	COMMERCIAL	INDUSTRIAL	PUBLIC THOROUGHFARE
Multifamily ≤ 4 units		0	0	Setback
Multifamily > 4 units	5 feet	5 feet	5 feet	10 feet
Commercial	5 feet plus 5-foot high wall	5 feet	5 feet	5 feet
Industrial	5 feet plus 5-foot high wall	5 feet	5 feet	10 feet
Vehicular use areas	5 feet plus 3-foot high wall	5 feet	5 feet	5 feet

1. 3.
  Off-street parking lots. Off-street parking lots containing at least 12 interior parking spaces shall contain landscape areas. The total size of such landscaped areas shall be equal to ten square feet for each parking space and shall be provided within the interior of an off-street parking area. A minimum of 75 percent of all trees that are required to be planted within the interior of an off-street parking area shall be category 1 shade trees, as designated in the landscape design manual. The shade trees shall be located in such a manner to produce maximum overhead canopy for the vehicles. All parking lot landscaped areas shall be planted with natural grass, ground cover, shrubbery, or other suitable live plant material. Parking lot landscaped areas shall be designed, planted, and maintained to permit clear vision between the height of two feet and eight feet above grade; however, this requirement shall not apply where the lack of clear vision is not deemed to be a safety hazard. Terminal islands, interior islands and divider medians should be designed to retain maximum water in the turf areas and are subject to the following requirements. Figure XIV-1 is an example of the location and relationship between the parking lot landscape areas and the property.
  1. a.
    Terminal islands. Each row of parking spaces shall be terminated by landscaped islands of not less than eight feet in width and not less than the length of the adjacent parking stall. Each landscaped island shall have a minimum radius of two and one-half feet at its end so as to allow car maneuvering. Each landscaped island shall contain at least one shade or flowering tree per row of parking.
  2. b.
    Interior islands. One interior landscape island shall be required for every ten parking spaces in a row. Interior landscape islands shall be at least eight feet wide measured inside the curb and shall contain at least one shade or flowering tree per row of parking.
  3. c.
    Divider medians. Divider medians shall be provided within the landscape area if there are more than three consecutive rows of parking, and they shall form a continuous landscaped strip between abutting rows of parking spaces. The divider strips shall be located to provide placement of shade trees to maximize tree canopy coverage for parking spaces. The minimum width of such a divider median shall be eight feet. Shade or flowering trees within a divider median shall be planted at 30-foot intervals. The clustering of divider median trees may be approved by the planning and zoning administrator. The maximum spacing of trees however, shall not exceed 50 feet.
  FIGURE XIV-1:
  LANDSCAPE AREAS FOR PARKING LOTS
  
  FIGURE XIV-1:
  LANDSCAPE AREAS FOR PARKING LOTS
  
  FIGURE XIV-1:
  LANDSCAPE AREAS FOR PARKING LOTS
  
  FIGURE XIV-1:
  LANDSCAPE AREAS FOR PARKING LOTS
2. 4.
  For other paved areas utilized by motor vehicles, including aisles, loading areas, circulation areas and drive-in service areas, additional landscaping shall be provided as follows: four square feet of landscaped area shall be required for each 100 square feet, or fraction thereof.
3. 5.
  Landscape areas and plant materials must be protected from vehicular encroachment by curbs or wheel stops. Parked vehicles shall not extend into a landscaped buffer area that is five or less feet wide unless two additional feet are added to the buffer. The two additional feet of landscaping shall contain no plant, irrigation device, or other object higher than six inches above the top of the curb of subsection (a) of this section. Landscape areas and sidewalks in the vehicular use area shall be designed in accordance with the minimum requirements set forth in Figure XIV-2. The usage of curbs is more preferable to wheel stops. However, wheel stops should be utilized when on-site drainage is a concern. Curbing and usage of wheel stops are subject to the following requirements:
  1. a.
    Curbs. Landscape areas shall be separated from vehicular use areas by non-mountable, concrete curbing of the type characterized as "Type D" in the current edition of the "Roadway and Traffic Design Standards Manual" prepared by the state department of transportation, or curbing of comparable durability. Extruded concrete curb shall not be placed on top of asphalt. Cemeteries shall not be required to provide curbing along internal roadways where such roadways directly abut areas of interment. Public parks and public utility facilities shall not be required to provide curbing along internal roadways. Curbing and wheel stops shall be required for cemeteries, public parks and public utility facilities in parking areas.
  2. b.
    Wheel stops. Landscape areas adjacent to off-street parking areas shall be protected from encroachment or intrusion of vehicles through the use of wheel stops. Wheel stops shall have a minimum height of six inches above the finished grade of the parking area. Wheel stops shall be anchored as approved by the city engineer and shall be continuously maintained in good condition. Only one wheel stop may be used for one parking stall. One-half wheel stop placed in front of a single wheel stall shall not be accepted.
  FIGURE XIV-2:
  DIMENSIONAL REQUIREMENTS AND SPECIFICATIONS FOR CURBS AND WHEEL STOPS
  
  FIGURE XIV-2:
  DIMENSIONAL REQUIREMENTS AND SPECIFICATIONS FOR CURBS AND WHEEL STOPS
  
  FIGURE XIV-2:
  DIMENSIONAL REQUIREMENTS AND SPECIFICATIONS FOR CURBS AND WHEEL STOPS
  
  FIGURE XIV-2:
  DIMENSIONAL REQUIREMENTS AND SPECIFICATIONS FOR CURBS AND WHEEL STOPS
4. 6.
  Parking areas containing more than 40 parking spaces shall have the following options to redistribute landscape area within the parking field to provide additional root zone for shade trees and produce maximum overhead tree canopy for the vehicles.
  1. a.
    Interior landscape islands within the perimeter row of the parking may be eliminated if the tree canopy located adjacent to the perimeter row of spaces has the potential to shade the row of parking spaces. If the corresponding length of landscape area is a required perimeter landscape buffer, it must be a minimum width of eight feet and can be planted with category 1 shade trees without inhibition by utility easements or overhead wires. The landscape area square footage of the eliminated islands must be added to other interior islands or the adjacent landscape buffer.
  2. b.
    The interval of required interior landscape islands may be increased from ten parking spaces to 12 spaces in a row if the landscape island is increased in width to ten feet, and islands are split and alternated for each of two adjacent rows of parking to minimize overlap of tree canopies.

d.
Additional landscaping requirements for multifamily residential uses. The owner of property used for multifamily residential uses shall install and maintain the following landscaping:
1. 1.
  A landscape buffer shall be required for multifamily residential uses adjacent to a public thoroughfare. Such a landscape buffer shall be equal to the setback for properties that contain four or less multifamily dwellings, and at least ten feet in width for properties that contain five or more multifamily dwellings. A landscape buffer of at least five feet in width is also required for properties that contain five or more multifamily dwellings along the multifamily residential use and the adjacent properties. The buffer strip shall be designed and landscaped as required by the following:
  1. a.
    The buffer strip shall not be interrupted at more than 20 percent of its required length to provide vehicular ingress and egress; however, this provision may be waived to accommodate normal vehicular ingress and egress for properties possessing minimal frontage along a thoroughfare;
  2. b.
    All portions of the buffer strip shall be covered with natural grass, ground cover, shrubbery, mulch, or other suitable plant material;
  3. c.
    At least one tree shall be planted in a required buffer strip for each 30 linear feet or portion thereof. Required street trees may be clustered or planted irregularly as deemed appropriate. Clustering of all required trees shall be subject to city approval.
2. 2.
  Shade trees to be planted and landscaped on the exterior of all structures as required by the following:
  1. a.
    At least two shade or flowering trees for each dwelling unit for multifamily residential structures with two to five units per structure, and at least one shade or flowering tree for each dwelling unit for multifamily residential structures with six or more units per structure.
  2. b.
    At least 40 percent of the linear feet around the exterior of all structures shall be planted with trees, shrubs or hedges.
  3. c.
    All remaining, nonpaved areas shall be covered with natural grass, ground cover, mulch or contain beds of preserved native shrubs. Artificial turf shall only be permitted subject to the requirements of section 94-451.

e.
Additional landscaping requirements for nonresidential uses. The owner of property which is used for nonresidential uses shall install and maintain the following landscaping:
1. 1.
  At least 30 percent of the linear feet around the exterior of all commercial structures shall be planted with trees, shrubs or hedges;
2. 2.
  At least 20 percent of the linear feet around the exterior of all industrial structures shall be planted with trees, shrubs or hedges;
3. 3.
  All remaining, nonpaved areas shall be covered with natural grass, ground cover, mulch or contain beds of preserved native shrubs. Artificial turf shall only be permitted subject to the requirements of section 94-451.

(Code 1979, § 33-162; Ord. No. 4191-08, § 2, 12-15-2008; Ord. No. 4420-12, § 3, 6-11-2012; Ord. No. 4660-16, § 10, 12-5-2016; Ord. No. 4689-16, § 3, 4-11-2017; Ord. No. 4756-17, § 3, 2-12-2018)

Sec. 94-444. - Miscellaneous open space standards.

Plazas. Plazas shall be developed and landscaped as provided in this section.

1.
Plazas shall be paved, open, and landscaped areas which provide place for pedestrians to enjoy the out-of-doors.
2.
Pedestrians shall have direct access to the plaza from at least one major thoroughfare and at least 50 percent of the plaza frontage.
3.
Plazas shall be at least 900 square feet in area.
4.
Curb cuts providing motor vehicle access onto a plaza are prohibited; however, plazas may be designed to provide access for emergency vehicles.
5.
At least one tree shall be planted in required plaza for each 900 square feet or portion thereof. Shade trees shall be planted within the plaza area or along the periphery.
6.
At least one linear foot of seating for every 30 square feet of plaza space. Seating surfaces shall have a depth of between 16 and 20 inches.
7.
Ramps shall provide access for the handicapped to all pedestrian and seating areas and shall be in compliance with the Americans with Disabilities Act requirements.
8.
Floors and other plaza surfaces, excluding planting areas, shall be made of concrete or other equally durable impervious surface.

(Code 1979, § 33-163; Ord. No. 4689-16, § 4, 4-11-2017)

Sec. 94-445. - Plant material standards and specifications.

All plant and nonplant material shall meet or exceed the standards and specifications of this section.

1.
Maintenance free material. To the extent practicable, all nonplant material shall be durable and maintenance-free.
2.
Plant quality. Plant materials used pursuant to the provisions of this article shall be equal to or better than Florida Department of Agriculture Number 1 Nursery Grade Standard.
3.
Nonorganic plant materials prohibited. Plastic or other nonorganic plant materials, with the exception of artificial turf, shall be prohibited from use and shall not be in compliance with the spirit or intent of this section. Artificial turf shall be subject to the requirements of section 94-451.
4.
Required plant material specifications.
1. a.
  Shade and flowering trees. Shade and flowering trees planted pursuant to the provisions of this article shall be a minimum of 12 feet in height. Up to ten percent of required trees may be reduced in size to a minimum of ten feet in height based upon species and availability. Native trees may be reduced in height to a minimum of six feet based on species and availability, if the sum of the height of the trees provided is equal to or greater to the sum of the height of the required trees. All instances of limited availability must be verified and certified by the landscape architect.
2. b.
  Palm trees. Palm species shall be a minimum of eight feet clear wood as defined in Florida grades and standards.
3. c.
  Natural grass. All natural lawn areas shall be planted with species suitable as permanent lawns in the city. Effective erosion control is mandatory in swales, rights-of-way, or other areas subject to erosion. The primary types of natural grasses used for residential, commercial, and industrial areas in South Florida are St. Augustine and Bahia cultivars. The selection of natural grass types shall be made while considering the long term economic and aesthetic effects of possible drought conditions upon the lawn areas. The following shall serve as a guide and is not meant to negate the use of other appropriate grass types for their specific site uses.
  1. 1.
    St. Augustine grass. St. Augustine grass should be used adjacent to areas that accommodate significant pedestrian traffic or where the aesthetics of the immediate area are considered an important factor.
  2. 2.
    Bahia grass. Bahia grass should be used in large, nonmanicured, turf areas such as open fields, recreation areas, road rights-of-way or other areas that are generally viewed from a distance or from a moving automobile
4. d.
  Shrubs. Shrubs for general landscape purposes planted pursuant to the provisions of this section shall be a minimum plant container size of three gallons. Container sizes for woody or herbaceous plant material, when utilized for ground cover, may vary.
5. e.
  Hedges. Hedges shall be planted at a minimum of 24 inches in height and a maximum spacing of two-foot on center. The hedge shall reach a maturity height of at least 36 inches within two years of planting in the form of a solid continuous visual screen. Exceptions and substitutions from this provision may be approved by the planning and zoning administrator in order to promote the use of slow growing or native plant materials or specification of larger size plants at installation.
6. f.
  Root systems. Plant materials shall be selected to minimize potential root system damage or interference with public utilities. Fruit and debris, other than leaves from installed plant materials, shall not constitute a nuisance within public rights-of-way or to abutting property owners.
7. g.
  Irrigation systems. Irrigation systems can be beneficial in efficiently adding water to cultivated landscape. The following guidelines shall be implemented for developing and maintaining irrigation systems.
  1. 1.
    Irrigation of existing native noninvasive plant communities. Existing native noninvasive plant communities and ecosystems maintained in a natural state may not require any additional irrigation water.
  2. 2.
    Reestablished or newly installed native noninvasive plant area. Native noninvasive plant areas that are supplements to an existing plant community or newly installed by the developer may initially require additional water to become established. Where newly planted native noninvasive areas have been installed in soils appropriate to the proposed native system, additional irrigation water after the period of establishment may not be necessary.
  3. 3.
    Cultivated landscape areas. Automatic irrigation systems shall be used for the cultivated landscape areas for all properties. Application of water through a properly maintained and regulated irrigation system can be the most efficient method of watering the landscape.
    i.
    Irrigation systems. When irrigated, cultivated areas shall be irrigated by the use of an automatic irrigation system with controllers set to apply water as noted in this section. Irrigation controllers shall be switched to manual operation during periods of increased rainfall. Rainfall or moisture sensing devices are strongly encouraged to be used to avoid operation of the system during periods of increased rainfall.
    ii.
    Coverage requirements. In all areas that are to be planted in a cultivated landscape, irrigation systems shall be designed to have 100 percent coverage and eliminate water overthrow onto nonpervious areas.
  4. 4.
    Zoning of irrigation systems. Wherever feasible, sprinkler heads irrigating lawns or other high water demand landscape areas shall be circuited so that they are on a separate zone or zones from those irrigating trees, shrubbery or other reduced water requirement areas.
  5. 5.
    Sod areas. Bahia sod areas are not required to have permanent irrigation after establishment.
8. h.
  Berm specifications. All berms shall be landscaped with trees, shrubs, ground cover, grass or hedges. Berms shall be installed subject to approval by the city engineer.
9. i.
  Prohibited trees. The following tree species are considered invasive and will overtake other plant habitats. The following tree species are therefore considered unacceptable for use as landscape trees and shall not be planted within the city and shall be removed as required for maintenance and development:
  1. 1.
    Casuarina species (Australian pine tree)
  2. 2.
    Schinus terebinthifolius (Brazilian pepper tree)
  3. 3.
    Melaleuca quinquenervia (Melaleuca tree)
  4. 4.
    Bischofia javanica (Bishopwood)
  5. 5.
    Acacia auriculaeformis (Earleaf Acacia).
  6. 6.
    Schefflera actinophylla (Schefflera).
  7. 7.
    Albizia lebbeck (Woman's Tongue).
  8. 8.
    Cupianopsis anacardioides (Carrotwood).
  9. 9.
    Plants listed in Rule 5B-57.007 F.A.C, noxious weed list from the Florida Department of Agriculture and Consumer Services as revised from time to time.
10. j.
  Limited use trees and plant materials. Plant materials characterized by large fleshy fruit, surface or buttress roots, poisonous properties, or possible interruption of visibility shall not be planted in any parkway area, in any landscaped strip, or buffer adjacent to a public right-of-way. Trees that may cause injurious harm or toxic reactions should also be of limited use.
11. k.
  Use of Ficus species. Ficus species may be planted as individual trees provided that they are no closer than 15 feet of any structure or utility. Ficus species planted within 15 feet of any structure or utility shall be permitted only if they are contained in a planter or maintained as a hedge which is constantly cultivated and does not exceed the height limitations as provided in section 94-302.
12. l.
  Plant species. A minimum of 60 percent of plant material added shall be Florida native or drought tolerant species selected from the city list or the list of species in the most recent edition of South Florida Water Management District Waterwise South Florida Landscapes.

(Code 1979, § 33-164; Ord. 3898-05, § 2, 8-29-2005; Ord. No. 4420-12, § 3, 6-11-2012; Ord. No. 4689-16, § 5, 4-11-2017; Ord. No. 4756-17, § 4, 2-12-2018)

Sec. 94-446. - Plant material installation and maintenance.

Plant material shall be installed and maintained as provided in this section.

1.
Installation .
1. a.
  Landscaping shall be installed showing skilled workmanship and according to accepted planting procedures.
2. b.
  Plant materials shall be located and installed to provide proper growing conditions and good drainage of root systems.
3. c.
  Soil in landscaped areas shall be free of debris, including paving base or fill material, and calcareous materials such as shell, lime rock, concrete, plaster, and stucco. Soil in landscaped areas shall consist of sand, peat, muck, and similar materials to produce a plastic and friable state. Such soils shall be at a minimum depth of six inches below the root ball and at least ten inches on all sides of the root ball. Planting areas are to be totally excavated whenever plant materials are installed 24 or less inches apart. Planting areas containing excessive calcareous materials shall be excavated to a minimum depth of two feet.
4. d.
  A minimum of three inches of compacted, sustainably harvested, non-cypress organic mulch shall be placed around all newly installed trees, shrubs and ground cover planting areas. The use of melaleuca mulch is encouraged. Mulch consisting of any exotic invasive species must be certified seed-free by the producer.
5. e.
  The planting of shade, flowering or fruit trees shall be installed in a sound workmanship like manner according to accepted and proper planting procedures. All trees shall be properly guyed and staked at the time of planting. Trees shall be re-staked in the event of blow-overs or other failure of the staking and guying. All guy wire and staking material should be removed as soon as the tree will stand on its own but no more than one year after planting.
6. f.
  Verification required. Written verification of proper landscaping installation by the landscape architect of record shall be provided to the city and shall include the following:
  1. 1.
    Species, including quality, type, quantity, and any other original plant specifications;
  2. 2.
    Design or location;
  3. 3.
    Irrigation; and
  4. 4.
    All other landscape structures and material used or installed in accordance with the site plan.
7. g.
  Review. The city will inspect and review the project for compliance after the verification has been received from the landscape architect.
8. h.
  Deviation. Any deviation from the approved landscape plan will be relayed to the planning and zoning administrator for further review prior to the issuance of the certificate of occupancy.
2.
Maintenance. All landscape areas shall be maintained on a regular basis, to include weeding, watering, fertilizing, pruning, mowing, edging, mulching, replacement of dead or missing landscaping, removal of prohibited plants, and other horticultural practices that are needed to keep landscaping in good condition, free from disease, insect pests, weeds, refuse, and debris. Landscape maintenance shall be carried out in a manner that will not disrupt, inconvenience or endanger any member of the public, or pedestrian, or motor vehicles. Landscaping shall be maintained in good condition, shall present a healthy, neat, and orderly appearance, and shall be free from refuse and debris. All unhealthy or dead material shall be replaced within three months. All landscaped areas, excluding reestablished or newly installed native noninvasive plant areas, Bahia sod, and areas of artificial turf installed in accordance with the provisions of section 94-451, shall be provided with a permanent automatic irrigation system.
1. a.
  Mulching. In order to preserve soil moisture, at least three inches of compacted, clean, weed free, sustainably harvested, non-cypress mulch shall be maintained over all appropriate planting areas at all times.
2. b.
  Tree trimming. Standards for trimming shall be performed in accordance with the latest pruning standards for shade trees recommended by the National Arborist Association or other professional arborist association, currently the ANSI A-300 (Part 1) Pruning, a copy of which is on file in the planning, zoning and building department. Trees in the swales and parkways shall be trimmed by the adjacent property owner to prevent impedance or interference with traffic or travel on sidewalk, street, or creating a danger to traffic by impeding or obstructing the view of intersections. Tree trimming on all properties except single family and duplex homes shall be done under the guidance of a certified arborist. Trees shall only be trimmed in the following manner:
  1. 1.
    All cuts shall be clean, flush with the branch collar and made at junctions, laterals or crotches. For overhead utility lines, the drop crotch trimming method shall be followed.
  2. 2.
    Removal of dead wood, overlapping branches, weak or insignificant branches and suckers shall be done simultaneously with any crown reduction.
  3. 3.
    Tree topping or hatracking is prohibited. The severe cutting back of limbs to stub larger than three inches in diameter within the tree's crown to such an extent so as to remove the canopy and disfigure the tree shall not be done on any tree. Trees severely damaged by natural causes or under utility wires or other obstructions where other pruning practices are not possible may be exempted from this ordinance at the determination of the planning and zoning administrator or designee.
  4. 4.
    Trimming above 13.5 feet for clearance, lions tailing, and shaping or shearing of shade trees into rounded or lollipop shapes is prohibited.
  5. 5.
    Palm trees shall be pruned to remove seed pods and dead fronds, and live, healthy fronds above horizontal shall not be removed.
3. c.
  Tree abuse. Tree abuse shall not be permitted. The following shall be considered tree abuse:
  1. 1.
    Damage inflicted upon any part of a tree including the root system by machinery, storage materials, excavation and chemical application.
  2. 2.
    Damage inflicted by cutting a tree which permits infection or pest infestation.
  3. 3.
    Improper cutting of a tree, permanently reducing the function of the tree, or causing it to go into shock; cutting which destroys the natural shape; hatracking; tears and splitting of limb ends or peeling, stripping of the bark.
  4. 4.
    Girdling a tree with use of wires, weed eaters or mower damage.
  5. 5.
    Removal of the bark more than one-tenth of the tree.
  6. 6.
    Improper staking techniques resulting in damage to the tree or the use of nails directly into the trunk.
4. d.
  Mowing. Natural grass shall be mowed as required in order to encourage deep root growth and therefore the preservation of irrigation water.
5. e.
  Edging. All roadways, curbs and sidewalks shall be edged when necessary in order to prevent encroachment from the adjacent grassed areas. The use of weed-eaters to trim lawn grasses around a tree will be done so as not to remove bark causing the deterioration and eventual death of the tree.
6. f.
  Watering. Watering of planted areas should be managed so as to maintain healthy flora, make plant material more drought tolerant, avoid excessive turf growth, minimize fungus growth, stimulate deep root growth, minimize leaching of fertilizer, and minimize cold damage.
  1. 1.
    Watering of plants and trees. Watering of plants and trees should always be in a sufficient amount to thoroughly soak the root ball of the plant and the surrounding area, there by promoting deep root growth and drought tolerance.
  2. 2.
    Operation of automatic irrigation systems. Operation of automatic irrigation systems should be in accordance with section 90-93.
  3. 3.
    Maintenance of irrigation systems. Irrigation systems shall be constantly maintained to eliminate waste of water due to loss of heads, broken pipes, misadjusted nozzles or other causes.
7. g.
  Removal of debris. Fruit and debris, other than leaves from installed plant materials, shall not constitute a nuisance within public rights-of-way.

(Code 1979, § 33-165; Ord. 3898-05, § 2, 8-29-2005; Ord. No. 4420-12, § 3, 6-11-2012; Ord. No. 4689-16, § 6, 4-11-2017; Ord. No. 4756-17, § 5, 2-12-2018)

Sec. 94-447. - Existing native noninvasive plant materials.

(Code 1979, § 33-166)

Sec. 94-448. - Protection of trees and other vegetation.

Intent. The intent of this section is to protect trees and vegetative cover within the limits of the city.

Application. The terms and provisions of this section shall apply to real property as follows:

1.
All real property upon which any designated specimen or historic tree is located. A tree may be designated a specimen or historic tree by the following criteria:
1. a.
  Historic tree. A tree may be determined to be of notable historic interest to the city due to its age, type, size, or historic association with the community; and designated as such by the city commission. A registry of historic trees shall be maintained by the planning division.
2. b.
  Specimen tree. A tree may be determined, in the judgment of a professional forester, landscape architect, arborist, horticulturist, or similar expert, to be of high value of the community, because of its type, size, age, or other professional criteria; and designated as such by the city commission. Specimen trees may be protected by conditions of approval of development orders.
2.
All vacant and undeveloped property, and property containing no permanent buildings.
3.
All property containing permanent structures, upon which no designated specimen or historic tree is located.
4.
All redeveloped property.

Permits required.

1.
Tree alteration permit. Historic trees, specimen trees, and any other trees or vegetation located on property subject to the provisions of this section shall not be removed, relocated, or replaced unless a tree alteration permit is obtained. Tree alteration permit applications shall be provided by the planning and zoning administrator. The application shall include a written statement that specifies the location of the property, expected use of the property, and reasons for removal, relocation, or replacement. The planning and zoning administrator may require submission of a landscape plan or aerial photograph when a permit is requested.
2.
Removal of trees and shrubs. A permit to remove trees and vegetation shall not be issued unless one or more of the following conditions exists:
1. a.
  The tree is not a designated historic or specimen tree per section 94-448(c)(1)b.
2. b.
  The tree cannot be relocated on or off the site because of its age, type, or size.
3. c.
  The trees or shrubs constitute an unreasonable impediment to development of a permitted use of the property by virtue of their location in a buildable area or yard area where structures or improvements are to be placed.
4. d.
  The trees or shrubs are diseased, injured, in danger of falling, too close to existing or proposed structures, interfere with existing or proposed utility services, create unsafe visual conditions affecting vehicular traffic, conflict with requirements of other ordinances of this chapter, or are a threat to the public health, safety, and welfare.
5. e.
  The trees that are prohibited trees as specified in subsection 94-445(4)i.
6. f.
  The planning and zoning administrator's decision for removal will be in the public interest.
3.
Tree relocation and replacement. The applicant for a tree removal permit shall be required to relocate or replace trees to be removed or provide payment in lieu thereof into the landscape trust account for trees that cannot be relocated, replaced or installed due to preexisting site development constraints as determined by the planning and zoning administrator. Native trees and palms in good condition must be preserved on site or relocated. Relocated trees shall be installed in a sound and skilled manner according to accepted planting practices and shall be in accordance with the following:
1. a.
  If the tree is transplanted, it shall be moved by the property owner in accordance with the National Arborist Association Standards or other professional arborist association, currently the ANSI A-300 standards, to another location within the city and maintained by the new property owner.
2. b.
  If a tree on public property is willfully destroyed by anyone except the city forester/arborist, the tree must be substituted with an equivalent replacement that is approved by the forester/arborist or designer on the site from which the destroyed tree was removed.
3. c.
  No permit shall be required for the removal of trees that are dead, severely diseased, are invasive exotic species, or are destroyed by natural causes. This includes trees that are planted in a certified nursery or botanical garden.

Tree replacement.

1.
Characteristics. Replacement trees shall have shade and screening potential equal to or superior to that of the trees they replace at the time of the initial installation, except as provided as follows:
1. a.
  Trees that are 20 feet or more in canopy size shall be mitigated based upon the size of the existing tree canopy, not the number of trees (i.e., if 100 square feet of existing canopy is removed, 100 square feet of canopy shall be planted). Suggested tree species listed by canopy coverage category can be referenced as provided in the landscape design manual, as amended from time to time, and available for inspection in the planning and zoning division.
2. b.
  Palm trees shall be mitigated on a one for one basis. When palm trees are substituted for shade trees, the equivalent canopy shall be replaced according to the category of the replacement species.
2.
Payment in lieu. If it is determined by the planning and zoning administrator that the application for tree removal meets the permit requirements of subsections (d)(1) and (d)(3) above, but replacement, relocation or installation of trees and shrubs is not feasible due to site constraints, the following shall apply:
1. a.
  The applicant/owner shall make payment to the city's landscape trust account in lieu of actual tree or shrub replacement or installation. Funds collected pursuant to this section shall be expended for the purchase of trees for placement on public properties within the city.
2. b.
  The payment due shall be calculated based upon the costs for the number and type of tree(s) and/or shrubs required to be replaced or installed based upon the current edition of the plant finder catalog, plus installation cost equal to one times the cost.
3.
Minimum standards. All replacement trees shall be equal to or better than Florida Department of Agriculture Number 1 Nursery Grade Standard. All trees replaced or relocated pursuant to this section must be in a healthy, living condition one year from the date of planting. Replacements that are not established, have failed to a degree that survival is not probable, or have died must be replaced with healthy specimens. Such replacements must continue until a tree is established at the approved location.
4.
Waivers of replacement standards. Minimum standards may be waived if the applicant can demonstrate that current market conditions result in a shortage of appropriate replacement trees.

Tree protection.

1.
Land clearing and construction. During land altering and construction, protective barriers specified by the planning and zoning administrator shall be erected and maintained around all trees or groups of trees to be protected. The movement of equipment or the storage of equipment, materials, and placement of debris or fill within protective barriers is prohibited.
2.
Toxic substances. During land alteration and construction, the cleaning of equipment or materials and the disposal of waste material such as paint, oil, solvents, asphalt, concrete, or mortar within the dripline of any tree or groups of trees is prohibited. Contaminated earth must be replaced.
3.
Attachments and wires. Attachments or wires, except those of a protective nature, shall not be attached to any tree.
4.
Alternate means of protection. Trees located within portions of a development site where land clearing and construction activities will not occur or where heavy machinery will not operate shall not require protective barriers. Such areas shall be staked and roped, ribboned, or otherwise designated.
5.
Removal of dangerous trees. A tree alteration permit for the removal of a tree determined by competent authority to be in a hazardous or dangerous condition so as to endanger the public health, welfare, or safety, and require immediate removal without delay, may be issued after such tree has been removed.
6.
Suspension. Following an emergency such as a hurricane, tropical storm, tornado, or flood, and other natural causes such as drought conditions and freeze damage, the requirements of this section may be suspended by the planning and zoning administrator for a period of 30 days. Such a suspension shall apply only to trees which have been damaged beyond saving or are a hazard, provided that the planning and zoning administrator is notified of the intended removal at least 24 hours prior to removal.
7.
Exemptions. All licensed plant or tree nurseries and tree farms shall be exempt from the provisions of this section. However, this exemption shall apply only to those trees planted and growing on the premises of the licensee and intended for sale to the general public in the ordinary course of business.
8.
Exempt trees. The trees and species listed in section 94-445(h)i. shall be exempt from the provisions of this section.
9.
Removal and disposal of diseased trees. Trees which are determined by the planning and zoning administrator to be diseased and to be a potential source for contaminating other trees, or for spreading tree infection or disease, shall be removed and disposed of without undue delay on an emergency basis, as the circumstances may require. The lethal yellowing disease of coconut trees shall be considered an emergency tree infection or disease.
10.
Trees on city property. Trees on city property shall not be removed by any firm, corporation, or individual unless prior approval is granted by the city manager or that official's designee.
11.
Removal and disposal of prohibited trees. Trees which are included as prohibited trees pursuant to subsection 94-445(4)i shall be removed and disposed of from the entire site before a certificate of occupancy can be obtained.

(Code 1979, § 33-167; Ord. No. 4433-12, § 4, 9-18-2012; Ord. No. 4514-14, § 1, 6-9-2014; Ord. No. 4689-16, § 7, 4-11-2017; Ord. No. 4756-17, § 6, 2-12-2018)

Sec. 94-449. - Land clearing permit.

Permit required. Land clearing, land removing, or land filling activities shall not occur unless a land clearing permit has be issued.

Requirement for tree alteration permits. Tree alteration permits shall be approved for the removal or relocation of trees only as provided in 94-448.

Permit requirements. A land clearing permit shall not be issued unless one of the following conditions exist:

1.
The proposed land clearing, including removal of vegetation and trees, grading, removal and disposal of all prohibited trees, filling, contouring, and similar actions, is necessary to allow the permitted use of property.
2.
A tree removal permit, if necessary, has been issued.
3.
Appropriate measures, pursuant to this section, have been completed to protect existing native noninvasive trees and vegetation.

(Code 1979, § 33-168; Ord. No. 4689-16, § 8, 4-11-2017)

Sec. 94-450. - Littoral planting zones.

1.
Minimum planting area. At least 50 percent of the shoreline shall be planted with wetland trees and/or aquatic plants at ten square feet of littoral zone for every one linear foot of shoreline.
2.
Minimum planting standards. There shall be a minimum of one tree for every 80 linear feet, and plants shall be on a minimum of three-foot centers.
3.
Slope. Shelf slope and size shall be noted on the landscape plan in the form of a cross section drawing and respective specifications based on actual plant and tree requirements.

(Ord. No. 4689-16, § 10, 4-11-2017)

Editor's note— Ord. No. 4689-16, § 9, adopted April 11, 2017, renumbered § 94-450 as 94-316, and enacted a new § 94-450 as set out herein.

Sec. 94-451. - Artificial turf.

The use and location of artificial turf shall be limited to the following:

1.
The construction of non-city-owned athletic fields and playgrounds associated with a non-city-owned community center, park, school, or university;
2.
As part of the construction of any nonresidential development;
3.
On roof top terraces;
4.
On residential lots in the rear setback and side setback; or
5.
In multifamily residential developments as part of a recreation or amenity area.

With the exception of those circumstances in which artificial turf is installed pursuant to subsection (a)(1) above, artificial turf shall not be:

1.
A part of any landscape buffers required by this article;
2.
Visible from a road or street;
3.
Installed within permanent drainage features (e.g., ponds, swales).

Minimum material standards. All artificial turf shall comply with each of the following minimum standards:

1.
Artificial turf shall consist of green lifelike individual blades of grass that emulate natural turf in look and color.
2.
Where artificial turf is utilized for institutional recreational uses (e.g., playgrounds, athletic fields), the artificial turf product installed shall be designed for the intended use and meet the appropriate additional standards.
3.
Artificial turf installations shall have a minimum permeability of 30 inches per hour per square yard.
4.
All artificial turf shall have a minimum eight year manufacturer's warranty that protects against color fading and a decrease in pile height.
5.
Artificial turf shall be lead free.
6.
All materials must include test documentation which declares that the artificial turf yarn and backing materials are disposable under normal conditions, at any U.S. landfill station (Total Content Leach Protocol (TCLP) test). Documentation must also be provided that identifies all components that are recyclable and all components that consist of recycled material.
7.
The use of indoor or outdoor plastic or nylon carpeting as a replacement for artificial turf or natural turf shall be prohibited.

Installation, maintenance and repair .

1.
All artificial turf shall, at a minimum, be installed according to the manufacturer's specifications.
2.
All artificial turf installations shall be anchored to ensure that the turf will withstand the effects of wind.
3.
All seams shall be secured and edges shall be trimmed to fit against all regular and irregular edges to resemble a natural look.
4.
If artificial turf is planned to be installed immediately adjacent to a seawall, the artificial turf shall be pinned or staked behind the seawall. No artificial turf or installation mechanism shall be attached directly to or placed on a seawall or seawall cap.
5.
Proper drainage shall be provided for all artificial turf installations to prevent excess runoff or pooling of water.
6.
Artificial turf shall be visually level, with the grain pointing in a single direction.
7.
An appropriate solid barrier device (e.g., concrete mow strip, bender board) is required to separate artificial turf from soil and live vegetation.
8.
Precautions for installation around existing trees shall be monitored and may be restricted to ensure tree roots are not damaged with the installation of the base material and that the overall health of the tree will not be compromised
9.
All artificial turf shall be maintained in a green fadeless condition and shall be maintained free of dirt, mud, stains, weeds, debris, tears, holes, and impressions. Maintenance shall include, but not be limited to cleaning, brushing, debris removal; repairing of depressions and ruts to maintain a visually-level surface; elimination of any odors, flat or matted areas, weeds, and invasive roots; and all edges of the artificial turf shall not be loose and must be maintained with appropriate edging or stakes.
10.
All artificial turf must be replaced if it falls into disrepair with fading or holes or loose areas. Replacement and/or repairs shall be done with like for like materials from the same manufacturer and done so in a manner that results in a repair that blends in with the existing artificial turf.

An owner or applicant shall obtain a duly-authorized building permit from the city's development services department prior to the installation of any artificial turf.

(Ord. No. 4420-12, § 2, 6-11-2012; Ord. No. 4689-16, § 11, 4-11-2017; Ord. No. 4756-17, § 7, 2-12-2018)

Sec. 94-452. - Roadway beautification.

Intent. The intent of this section is to beautify public roads and keep the public roads aesthetically pleasing with landscaping and other enhancements.

Applicability .

1.
The standards contained in this section shall apply to all public rights-of-way which are adjacent, contiguous or internal to existing and proposed residential and nonresidential developments. Landscaping and irrigation are required within roadway medians and road shoulders. All approved planned developments that are subject to major amendments, shall be required to landscape, irrigate and maintain improvements within adjacent and/or contiguous public rights-of-way. If a development order requires road improvements not adjacent and/or contiguous to the development, the petitioner of the development shall landscape and irrigate said road. Unless otherwise approved through a development order or other agreement, developers and their successors or assigns shall be responsible for the installation and maintenance of roadway landscaping, including irrigation. Where roads have been landscaped and enhanced, but become nonconforming due to safety standards implemented by this section, nonconformities may be rectified during future road improvements by the person or entity making the improvements.
2.
As new developments are approved, property owners on both sides of the road shall be required to share the cost of landscape and irrigation maintenance for medians and/or road shoulders based on the linear frontage of each development or by the square footage of the area to be maintained.

Landscape plans. Landscape plans for rights-of-way shall be submitted by the applicant and approved with each development approval.

Installation .

1.
Landscaping installation shall be in accordance with applicable state and/or county engineering standards and this code. All landscaping and irrigation within the right-of-way shall be installed and completed within six months from the issuance of the clearing permit for said project or as otherwise approved by the city commission. The preparation of the soil within the road right-of-way shall include excavation of material detrimental to plant growth. Best management practices shall be used for proper soil preparation and drainage of the site. The water source for the roadway landscaping shall originate from the developer's project.
2.
The developer shall be responsible for obtaining all permits through the appropriate agencies.

Enforcement. Failure to install and maintain roadway landscaping, including plant replacement, shall be a violation of this section as well as development order conditions, if applicable.

(Ord. No. 4689-16, § 12, 4-11-2017)

Sec. 94-453. - Nonconforming landscape areas.

1.
Requirements for existing sites.
1. a.
  The city shall use approved landscape plans or development orders as the minimum landscape installation standard and requirement for a developed site.
2. b.
  If an approved landscape plan is not on file with the city, the existing landscaping becomes a living plan of record and as such has the same standards and protection as allowed under provisions set forth in this article, similar to a landscape filed with and approved by the city.

Maintenance. Nonconforming areas are not exempt from minimum maintenance standards.

(Ord. No. 4689-16, § 13, 4-11-2017)