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Wilton Manors City Zoning Code

ARTICLE 150

LANDSCAPING REQUIREMENTS10


Footnotes:
--- (10) ---

Editor's note—Ord. No. 2020-005, § 6, adopted May 26, 2020, amended Article 150 in its entirety to read as herein set out. Former Article 150, §§ 150-010—150-250, pertained to similar subject matter, and derived from Ord. No. 848, adopted October 14, 2003; Ord. No. 879, adopted September 27, 2005 and Ord. No. 993, adopted December 13, 2011.


Sec. 150-010.- Objective.

The purpose of this Article is to provide regulations for the installation and maintenance of landscaping within the municipal limits of the City of Wilton Manors. It is recognized that landscaping is a necessary ingredient in the urban environment in that trees and shrubs are known producers of oxygen and that trees and shrubs appreciably reduce the carbon dioxide content in the air people breathe and that trees and shrubs are an invaluable physical and psychological counterpoint to the urban setting, and in making life more comfortable by providing shade and cooling the air and land, reducing noise and glare, and breaking the monotony of development on the land. The provisions of this Article are the minimum landscape requirements of the City. Any other regulations relating to removal, replacement, or maintenance of trees which are more restrictive shall supersede these regulations to the extent of any inconsistency.

(Ord. No. 2020-005, § 6, 5-26-20)

Sec. 150-020. - Fractional quantities and measurements.

Calculations resulting in a fractional number shall be rounded to the next highest whole number.

(Ord. No. 2020-005, § 6, 5-26-20)

Sec. 150-030. - Perimeter landscape and buffer requirements.

Landscape buffer strips shall be required along the perimeter of all property lines, exclusive of single-family and individual duplex development.

(A)

The minimum width of such buffer strips shall be as follows:

(1)

Abutting streets and any public right-of-way, excepting alleys and the area abutting any building constructed with zero setback: Ten (10) feet;

(2)

Abutting rear or side common property lines, except the area abutting any building constructed with zero setback: Five (5) feet.

(B)

Landscape buffer strips along interior property lines shall contain turf or ground cover and hedge material, unless the perimeter landscaping serves as a required buffer between incompatible uses, in which case it shall also comply with Subsection (D), below. The buffer strip requirement may be waived if the abutting property has a buffer that meets the minimum requirements of this Subsection.

(C)

Landscape buffer strips along streets and public rights-of-way. The swale area between the property line and the street pavement shall be covered in turf. One tree shall be planted for every thirty (30) linear feet of property line, excluding driveway openings, within the right-of-way swale, or abutting the right-of-way if there is insufficient swale area as determined by the Community Development Services Director. Trees shall be chosen from the approved planting list in this Article, unless the City requires planting of one or more specific trees from the approved planting list along certain streets, as part of a coordinated street tree landscaping program adopted by the City Commission. Trees shall be placed so that they do not create conflicts or interfere with any overhead electric lines. Trees shall be placed so that they do not obstruct the visibility of traffic pursuant to Section 155-070, Clear site triangles.

(D)

All nonresidential uses shall provide the landscaping required in Subsections (B) and (C), above, in addition to a six-foot masonry wall, wherever they abut property with residential or mixed commercial/residential zoning. The following uses must contain additional screening as indicated regardless of abutting zoning:

(1)

Outdoor storage yards shall provide an eight-foot masonry wall.

(E)

Alternate screening may be approved at the time of site plan approval, provided the same level of screening is provided, and provided property owners abutting the proposed alternate screening area are notified and have had opportunity to respond.

(F)

Where a masonry wall is required along a property line, and an existing wall of the required height already exists on the abutting property along the same property line, the wall requirement shall be waived if the applicant enters into an agreement with the City to erect the required wall should the abutting wall be removed in compliance with these regulations.

(G)

Masonry walls shall be finished on both sides with cement stucco, and painted two (2) coats of a neutral color which the City may require to match or compliment the color of buildings on the subject property and adjoining properties.

(H)

Where a fence or wall is to be placed along or near a property line, placement shall be as follows:

(1)

Along a street line, it must be placed to the rear of a required landscape buffer, with the landscape buffer located on the street side of the wall.

(2)

Along an interior property line, it must be placed along the property line in between a required landscape buffer and the abutting property, except that an applicant for fence or wall may erect the barrier on the applicant's side of the landscape buffer if the abutting property owner enters into an agreement with the City and the applicant granting a maintenance easement to the applicant, and further agreeing not to erect a fence or wall on near the common property line that would have the effect of closing in the landscape buffer.

(Ord. No. 2020-005, § 6, 5-26-20)

Sec. 150-040. - Vehicular use area (VUA) landscape requirements.

(A)

All parking areas shall be surrounded by at least a five-foot wide planting area unless Section 150-030, Perimeter landscape and buffer requirements, requires a wider planting area. Rows of parking spaces shall be terminated with landscaped islands (a/k/a terminal islands) of not less than ten (10) feet in width and eighteen (18) feet in length. In addition to the above-required terminal islands, one interior island shall be provided for every ten (10) spaces. Each interior island shall also be not less than ten (10) feet in width and eighteen (18) feet in length. The location of interior islands may be staggered in order to avoid regimented appearance or to retain existing trees. Terminal and interior islands shall be completely curbed to protect landscaping from vehicular encroachment. Wheel stops or curbing shall be provided in each parking space. One tree shall be provided for each interior and each terminal island, and shall count towards the overall VUA landscaping requirements.

(B)

At least twenty (20) percent of the vehicular use area shall be maintained as landscaped area. For purposes of calculating VUA landscaping, all landscaping within five (5) feet of a VUA shall be counted towards meeting the VUA landscaping requirements, even if such landscaped area is used to meet the perimeter landscaping requirements of Section 150-030. All VUA landscaping shall count towards the total site landscaping requirement.

(C)

One tree and six (6) shrubs shall be required for every one thousand (1,000) square feet, or fraction thereof, of VUA.

(1)

The first twenty-five (25) percent, or fraction thereof, of the required trees shall be shade species with a minimum height of twelve (12) feet and with a three (3) inch minimum trunk diameter at four and one-half (4½) feet above the ground, and shall be evenly distributed between interior and perimeter VUA landscape areas.

(2)

Twenty-five (25) percent of the required trees shall be shade species with a minimum height of eight (8) feet with a two (2) inch minimum trunk diameter at four and one-half (4½) feet above the ground.

(3)

Twenty (20) percent of the required trees shall be conspicuously flowering species with a minimum height of ten (10) feet.

(4)

Thirty (30) percent of the required trees may comprise any combination of approved shade, flowering or palm trees.

(5)

Palm trees may be substituted for shade trees at a ratio of three (3) palm trees to one shade tree, provided no more than forty (40) per-cent of all trees within the VUA may be palms.

(6)

Native materials shall comprise at least sixty (60) per-cent of the total provided trees.

(D)

Failure to install. It shall be unlawful to occupy or use, or cause to be occupied or used, any VUA unless the required landscaping has been installed and approval has been obtained for the use of such VUA, unless the landscaping is substantially complete and the remainder of the materials and installation costs have been bonded. Approval for use of a VUA shall be by certificate of occupancy of the building(s) on the premises or certificate of completion if the VUA is not associated with building construction on the premises.

When a VUA is used without first having obtained approval, the Community Development Services Director or designee shall notify the owner or occupier of the land, in writing, to stop the use. If this notice is not complied with by the owner or occupier of the land, the VUA shall be barricaded and remain unoccupied and barricaded until the required landscaping is installed and use approval issued.

(E)

Existing vehicular use areas. Existing VUA's shall be considered as new and brought into conformity with the minimum requirements of this Section upon the occurrence of any one of the following conditions:

(1)

When a vehicular use area is expanded, enlarged or restriped; or

(2)

Whenever site plan approval is required for additional building area.

(F)

Retroactive VUA landscaping.

(1)

Any owner of a parcel of land upon which there is located a vehicular use area which existed prior to April 22, 1997 shall meet at least fifty (50) percent of the requirements of new vehicular use areas. If a vehicular use area cannot be redesigned and the owner is unable to meet this fifty (50) percent requirement without reducing the number of required parking spaces, the owner shall comply to the maximum extent possible without reducing the number of required parking spaces.

(2)

The City Manager or designee shall be authorized to inspect each VUA and provide, as necessary, written notification to the owner, tenant or agent, if any, of the terms and provisions of these regulations. The owner shall submit a landscaping plan to the City within thirty (30) days from the receipt of notification. Installation shall be completed within ninety (90) days from receipt of the initial notification.

(Ord. No. 2020-005, § 6, 5-26-20)

Sec. 150-050. - Payment in lieu of landscaping (P.L.L.).

(A)

It is the intent of this Section that payment in lieu of landscaping be an optional method of providing landscaping for previously developed properties where it is determined by the PZB that a property cannot reasonably conform to the requirements of this Article. The payment or PLL is in the public interest as a means of encouraging the redevelopment of existing private properties and as a means of funding municipal landscaping within developed areas.

(B)

The owner of existing developed property may make application to the Department for a PLL.

(C)

Required Planning and Zoning Board findings prior to approval of PLL.

(1)

That an existing developed property required to achieve or maintain full or partial compliance with any provision of this Article cannot reasonably comply.

(2)

Any PZB finding that a property cannot reasonably comply with landscaping requirements shall be based upon the conditions listed below. It shall be incumbent upon the applicant to provide evidence establishing that one or more of the following conditions exist:

a.

Compliance would cause other aspects of the site (example: parking) to become substandard or further substandard relative to Code requirements, or;

b.

Compliance would compete with other site amenities the DRC deems in the prevailing public interest, or;

c.

Compliance is not logistically possible; or

d.

The cost of compliance would exceed the typical cost for identical landscaping by a one hundred (100) percent margin or greater, as determined by the City.

(D)

PZB consideration of a PLL is subject to a public hearing conducted and noticed in accordance with the requirements of Article 85 for site plans. No relief from required landscaping on developed properties by any official, board or the City Commission is authorized except pursuant to this Subsection.

(E)

In authorizing a PLL, the PZB shall determine the degree of nonconformity to be accommodated based upon the percentage of required landscaping that cannot reasonably be provided upon the previously developed property, pursuant to the required findings, above. The PZB shall calculate the cost of providing and installing the required landscaping to be exempted by the PLL. This cost plus an administrative fee of one hundred dollars ($100.00) for processing shall constitute the payment to be made in lieu of providing the required landscaping.

(F)

The following additional requirements shall apply to authorization for a PLL:

(1)

Any onsite landscape arrangement satisfied in this manner shall run with the land, unless the site is redeveloped in a manner that allows for additional potential compliance with the landscaping requirements of this Article, in which case said requirements shall be satisfied on site, or through additional PLL. Any subsequent change of use or alteration which increases the degree of nonconformity to these regulations, if permitted, shall require a recalculation of the PLL and may require payment of additional fees for the cost of landscaping, installation and processing.

(2)

No refund of PLL shall be made when there is a change of use or alteration which reduces the degree of nonconformity.

(3)

The PLL shall be made to the City in one lump sum prior to the issuance of any building permit.

(G)

Funds received from a PLL shall be deposited by the City into a special account, and shall be used and expended only for the purpose of providing municipal landscaping and streetscape improvements within the City.

(Ord. No. 2020-005, § 6, 5-26-20)

Sec. 150-060. - Sight distance for landscaping in, or adjacent to, street right-of-way.

(A)

Landscape adjacent to street rights-of-way shall comply with the site distance preservation requirements of Section 155-070, Clear site triangle.

(B)

Landscape requirements for on-street parking.

(1)

On-street parking islands. On-street parking islands required by subsection 135-050(I) shall be covered in turf or planted with approved ground cover and shall contain at least one approved street tree for the applicable street.

(2)

Front yard landscaping required for on-street parking. Single-family and duplex lots abutting on-street parking shall provide the landscaping adjacent to a street that is required by subsection 150-030(C). All other uses that are already required to have landscaping pursuant to subsection 150-030(C) shall provide one accent tree for each tree required by 150-030(C), provided the director determines there is sufficient yard area to accommodate the additional trees.

(C)

Landscaping requirements for residential backout parking. Every residential backout parking facility authorized by subsection 135-020(J), Backout parking, shall provide curbed terminal landscape areas at each end of a row of parking spaces, and shall provide curbed landscape islands such that no more than two (2) parking spaces are contiguous. The landscape areas shall be a minimum of five (5) feet wide and shall extend the length of the adjoining parking spaces to the sidewalk edge. Each terminal landscape area and landscape island shall contain one tree located not more than three (3) feet from an adjacent sidewalk in or abutting the street right-of-way. Terminal landscape areas and landscape islands shall be covered in turf or planted with approved ground cover, and shall be irrigated.

(Ord. No. 2020-005, § 6, 5-26-20)

Sec. 150-070. - Xeriscape Florida Friendly.

Whereas potable water in the South Florida area is in increasing demand, and protection of the water table and natural environment are recommended that wherever possible, the Florida-Friendly concept of landscaping shall be utilized. The Florida-Friendly landscape principles identified by the Florida Yards and Neighborhoods program operated by the University of Florida Institute of Food of Agricultural Services Extension are identified in the most recent edition of the Florida-Friendly Best Management Practices for Protection of Water Resources. The Florida-Friendly landscape principles are:

(A)

Right plant, right place;

(B)

Water efficiency;

(C)

Fertilize appropriately;

(D)

Mulch;

(E)

Attract wildlife;

(F)

Manage yard pests responsibly;

(G)

Recycle yard waste;

(H)

Reduce stormwater runoff; and

(I)

Protect waterfront.

(Ord. No. 2020-005, § 6, 5-26-20)

Sec. 150-080. - Trees and shrubs—Required minimum quantities.

(A)

One tree for each fifteen hundred (1,500) square feet of permeable area outside of any VUA, inclusive of trees required within perimeter landscaping buffers.

(B)

Shrubs and groundcovers: Twenty (20) shrubs or ground cover plantings for each tree required. Ground covers may not exceed twenty-five (25) percent of the total number of such plantings provided.

(Ord. No. 2020-005, § 6, 5-26-20)

Sec. 150-090. - Trees and shrubs—Material and size criteria.

All trees required under the provisions of this Section shall be a species having a mature height of not less than twenty-five (25) feet, a mature crown spread of not less than fifteen (15) feet, and a clear trunk at maturity of at least six (6) feet. Any shrub or tree species whose roots are likely to cause damage to public roadways or other public improvements shall not be planted nearer than fifteen (15) feet to any property line abutting these improvements. Trees shall be planted in a bedded area no smaller than five (5) feet by five (5) feet. All measurements shall be from the top of the root ball.

(Ord. No. 2020-005, § 6, 5-26-20)

Sec. 150-100. - Trees and shrubs—Quality.

Plant material to be used in conformance with the provisions of these regulations shall conform to the standards for Florida No. 1 or better, as set forth in the current "Grades and Standards for Nursery Plants," State of Florida, Department of Agriculture and Consumer Services, Tallahassee, as may be amended from time to time.

(Ord. No. 2020-005, § 6, 5-26-20)

Sec. 150-110. - Trees and shrubs—Variety.

The number of different species of trees and shrubs required shall be as follows:

Required Number
of Trees
Minimum Number
of Species
2—10 2
11—30 3
31—60 4
61—100 5
101 and over 6

 

Required Number
of Shrubs
Minimum Number
of Species
2—150 1
151—200 2
201—250 3
251 and over 4

 

(A)

At least ten (10) percent of all required trees and shrubs outside of VUAs shall be of a flowering species.

(Ord. No. 2020-005, § 6, 5-26-20)

Sec. 150-120. - Trees and shrubs—Size.

(A)

Shade trees at the time of installation shall have a minimum caliper diameter of three (3) inches; a minimum height of twelve (12) feet; and a minimum crown spread of six (6) feet.

(B)

Flowering trees shall have a minimum installation size of ten (10) feet in height; two and one-half (2½) inches of caliper diameter breast height; and minimum crown spread of five (5) feet.

(C)

Palm trees shall have a minimum clear trunk measurement of six (6) feet, except for Sabal Palms which shall have eight (8) feet and should be clustered in groups of unequal numbers and varying sizes for most effective treatment. Every three (3) palms shall count as one tree.

(D)

A minimum of fifty (50) percent of the required trees on a lot or parcel shall be of an installed size relating to the structure height as follows:

Structure Height Tree Height Palm Height CT *
To 15 feet 12 feet 8 feet
15—25 feet 14 feet 12 feet
26—35 feet 16 feet 18 feet
36 feet or more 18 feet 22 feet

 

* CT = Clear trunk.

(E)

Shrubs at the time of installation shall be not less than two (2) feet in height with a minimum spread of twenty-four (24) inches. Shrubs shall be planted with a spacing between the plant centers equal to the spread of the installed plants and not less than twenty-four (24) inches.

(F)

Vines shall be not less than two (2) feet in height or width at the time of installation.

(G)

Ground cover areas at the time of installation shall be planted with a minimum of ninety (90) percent coverage with one hundred (100) percent coverage occurring within three (3) months of installation.

(H)

All grass areas shall be sodded using a species normally grown as permanent lawns in Broward County. Sod shall be visibly free of weeds, noxious pests, and disease. Excessively large turf areas, such as play fields, may be grassed by other methods with approval of the Community Development Services Director or designee.

(I)

Berms shall be a minimum of thirty-six (36) inches in height and have a minimum slope of two to one (2:1).

(Ord. No. 2020-005, § 6, 5-26-20)

Sec. 150-130. - Common and botanical names of approved trees.

Trees not listed below may be planted subject to approval of the DRC.

(A)

Trees.

Common Name Scientific Name Native
Allspice Pimenta dioica No
Bald Cypress Taxodium distichum Yes
Beauty Leaf Calophyllum spp. No
Black Ironwood Krugiodendron ferreum Yes
Blolly Guapira discolor Yes
Crabwood Gymnanthes lucida Yes
Dahoon Holly Ilex cassine Yes
False Tamarind Lysiloma latisiliquum Yes
Gumbo Limbo Bursera simaruba Yes
India Tamarind Tamarindus indica No
Inkwood Exothea paniculata Yes
Jamaica Dogwood Piscidia piscipula Yes
Laurel Oak Quercus laurifolia Yes
Live Oak Quercus virginiana Yes
Madagascar Olive Noronhia Emarginata No
Mahogany Swietenia mahogoni Yes
Paradisetree Simarouba glauca Yes
Pigeon Plum Cocolobis laurifolia Yes
Pitch Apple Clusia rosea Yes
Pongam Pongamia pinnata No
Red Maple Acer rubrum Yes
Satinleaf Chrysophyllum Oliviforme Yes
Seagrape Coccoloba uvifera Yes
Silver Buttonwood Conocarpus erecta Yes
Simpson's Stopper Myrcianthes fragrans Yes
Slash Pine Pinus elliottii Yes
Spanish Stopper Eugenia foetida Yes
Wax Myrtle Myrica Cerifera Yes
Wild Tamarind Lysiloma latisiliquum Yes

 

(B)

Flowering trees.

Common Name Scientific Name Native
Crepe Myrtle Lagerstroemia indica No
Delonix regia Pulmeria rubra No
Geiger Tree Cordia sebestena Yes
Golden Shower Tree Cassia fistula No
Jacaranda Jacaranda acutifolia No
Jamacian Caper Jamacian Caper Yes
Jatropha Jatropha Hastata No
Lignumvitae Guaiacum sanctum Yes
Magnolia Magnolia grandiflora Yes
Pink Trumpet Tree Tabebuia heterophylla No
Pitch Apple Clusia rosea Yes
Royal Poinciana Delonix regia No
Trumpet Tree Tabebuia caraiba No
White Geiger Cordia boissieri No
Yellow Elder Stenolobium Stans No
Yellow Poinciana Peltophorum pterocarpum No
Yellow Tabebuia Tabebuia argentea No

 

(C)

Palms.

Common Name Scientific Name Native
Alexander Palm Ptychosperma Elegans No
Bismarck Palm Bismarckia nobilis No
Cabbage Palm Sabal palmetto Yes
Canary Island Date Palm Phoenix Canariensis No
Carpentaria Carpentaria Acuminata No
Chinese Fan Palm Livinstona chinensis No
Coconut Palm Cocos nucifera No
Florida Thatch Palm Thrinax radiata Yes
Foxtail Palm Wodyetia bifurcata No
Keys Thatch Palm Leucothrinax morrisii Yes
Paurotis Palm Acoelorrhaphe wrightii No
Pindo Palm Butia Capitata No
Pygmy Date Palm Phoenix Roebelenii No
Queen Palm Cocos plumosa No
Queen Palm Syagrus romanzoffiana No
Reclinata Date Palm Phoenix Reclinata No
Royal Palm Roystonea elata Yes
Silver Palm Coccothrinax argentata Yes

 

(Ord. No. 2020-005, § 6, 5-26-20)

Sec. 150-140. - Approved hedge and ground cover material.

Hedges and ground covers not listed below may be planted subject to approval of the DRC.

(A)

Hedges.

Common Name Scientific Name Native
Copper Leaf Acalypha wilkesiana No
Beautyberry Callicarpa americana Yes
Coco Plum Chrysobalanus icaco Yes
Croton Croton spp. No
Dwarf Oleander Nerium Oleander Petite Pink No
Dwarf Schefflera Sceffelera Arbor Cola No
Fakahatcheegrass Tripsacum dactyloides Yes
Fire Bush Hamelia patens Yes
Fire Thorn Pyracanthus Coccinea No
Hawaiian Seagrape Scaevola frutescens No
Hibiscus Rosa — Sinensis No
Ixora Ixora coccinea No
Japanese Boxwood Buxus inicrophylla No
Lead Wort Plumbago Auriculata No
Muhly Grass Muhlenbergia capillaris Yes
Natal Plum Carissa grandiflora No
Orange Jasmine Murraya paniculata No
Pittosporum Pittosporum spp. No
Podocarpus Podocarpus spp. No
Powder Puff Calliandra Haematocephala No
Privet Ligustrum lucidum No
Raphiloepis "Majestic Beauty" Paphidepis No
Red Tip Cocoplum cocbalanus icaco 'Red Tip' Yes
Sand Cordgrass Spartina bakeri Yes
Thryallis Galphemia Gracills No
Viburnum Viburnum spp. Yes
Wax Jasmine Jasminum volubile No
Wax Myrtle Myrica cereifera Yes
Wild Coffe Psychotria nervosa Yes
Yaupon Ilex vomitora Yes

 

(B)

Ground covers.

Common Name Scientific Name Native
African Bush Daisy Gamolepis Chrysanthemoides No
Apple Gopher Licania michauxii Yes
Artillary Plant Pilea microphylla Yes
Asparagus Fern Asparagus densiflorus No
Blue Daze Evolvulus spp. No
Bougainvillea Bougainvillea spectabilis No
Bromeliads Bromeliaceae No
Cardamon Ginger Elettaria cardamomum No
Carissa, Dwarf Carissa macrocarpa No
Cast Iron Plant Aspidistra elatior No
Coontie Zamia floridana Yes
Crown-of-Thorns Euphorbia milli No
Daylily Hemerocallis spp. No
Dwarf Ixora Ixora chinensis No
Dwarf Juniper Juniper chinensis 'Parsonii' No
Dwarf Peace Lily Spathiphyllum "Wallisii" No
Egyptian Star Flower Pentas lanceolata No
Fern, Holly Cyrtomium falcatum No
Fern, Leather Leaf Rumohra adjantiformis No
Fig, Creeping Ficus pumila No
Garlic, Society Tulbaghia violacea No
Gold Mound Duranta repens No
Heather, False Cuphea hyssopifolla No
Indian Hawthorne Raphiolepis indica No
Ivy, Algerian Hedera canariensis No
Jasmine Jasminum spp. No
Jasmine, Confederate Trachelospermum jasminoides No
Jasmine, Small Leaf Trachelospermum asiaticum No
Juniper, Parsons' Juniperus chinensis 'parsonii' No
Juniper, Shore Juniperus conferta No
Lantana, Dwarf Lantana depressa Yes
Lantana, Trailing Lantana montevidensis No
Lily Turf, Creeping Liriope spicata No
Mondo Grass Ophiopogon japonicus No
Oats, Sea Uniola paniculata Yes
Ornamental Peanut Arachis glabrata No
Oyster Plant Rhoeo spathecea No
Peperomia Peperomia obtusifolia Yes
Periwinkle Catharanthus roseus No
Pittosporum, Dwarf Pittosporum tobira 'Wheeleri' No
Plumbago Plumbago auriculata No
Powderpuff Mimosa strigillosa Yes
Purslane, Sea Sesuvium portulacastrum Yes
Railroad Vine Ipomoea pes-caprae Yes
Saw Palmetto Serenoa repens Yes
Sunflower, Beach Helianthus debilis Yes
Texas Sage Leucophyllum frutescens No
Varigated Liriope Liriope muscari 'Varigata' No
Walter's Viburnum Viburnum obovatum Yes
Wandering Jew Wandering Jew No
White Indigo Berry Randia aculeata Yes

 

(Ord. No. 2020-005, § 6, 5-26-20)

Sec. 150-150. - Existing trees.

Existing healthy trees of desirable species are encouraged to be retained on site and may be credited toward meeting the required number of trees if such an adjustment is in keeping with and will preserve the intent of this Section. Tree removal is governed by the requirements of Section 155-020(B), Tree removal and replacement.

(Ord. No. 2020-005, § 6, 5-26-20)

Sec. 150-160. - Minimum landscape requirements for single-family and duplex residences.

Landscape shall be placed on all areas not covered by structures, parking, walks and drives, and shall extend to any abutting street pavement edge and to the top of bank of any abutting canal, lake or waterway.

(A)

Single-family and duplex. In the required yard areas, one tree per thirty (30) lineal feet of frontage and twenty (20) hedges, shrubs, or groundcovers per each required tree. At least seventy-five (75) percent of the required trees shall be located in the required front yard area. The provisions of this Section shall apply to new residential construction and to developed parcels when one of the following occurs:

(1)

There is an addition which increases the floor area of the structure by twenty-five (25) percent or more; or

(2)

There is an addition or remodeling which cost exceeds twenty-five (25) percent or more of the assessed value of the structure.

(Ord. No. 2020-005, § 6, 5-26-20)

Sec. 150-170. - Arbor streets.

On certain major thoroughfares of the City, a tree installation program in the swale area shall be adopted by resolution of the City Commission. To achieve this purpose, shade trees in addition to minimum requirements shall be required as established by resolution. Additional materials shall meet minimum Code specifications.

(Ord. No. 2020-005, § 6, 5-26-20)

Sec. 150-180. - Screening of mechanical equipment, dumpsters, monument signs and fences.

(A)

Mechanical equipment such as air conditioning compressors, pool pumps, sprinkler pumps and electrical transformers shall be screened on at least three (3) sides. Such screening shall meet the minimum requirements of Section 150-120 herein at time of planting and shall exceed the vertical height of the object by at least six (6) inches within two (2) years of issuing a certificate of occupancy. Subject to approval by the Community Development Services Director or designee, a residential property owner may use an existing wooden fence to screen mechanical equipment in lieu of landscape materials.

(B)

Dumpsters shall be screened pursuant to Section 045-110, Dumpsters.

(C)

The base of every monument sign shall be landscaped with at least two (2) horizontal layers of ground cover around its perimeter. The landscaping shall be shown on all site plans and is subject to the same approval process as other on-site landscaping. The minimum height at which the landscaping must be maintained shall be determined as follows:

(1)

Types 1, 3 and 4 monument signs: A height equivalent to two-thirds (⅔) of the vertical space below the bottom of the actual signage;

(2)

Type 2 monument signs: A height equivalent to the height of the sign base;

(D)

Where a fence exceeds four (4) feet in height and abuts a public sidewalk or public street, the fence shall be set back three (3) feet to accommodate a landscape buffer located on the public side of the fence.

(E)

A landscape buffer shall not be required for any fence that abuts a landscaped or turf covered swale or public right-of-way.

(Ord. No. 2020-005, § 6, 5-26-20; Ord. No. 2020-003, § 6, 9-22-20)

Sec. 150-190. - Plans required for landscape approval.

All landscape plans required by these regulations shall be submitted for the entire parcel and comply with the requirements stated herein. Building foundation plantings (including recreational areas) shall also be included. Should there be more than one identical building on the premises, a "typical" building plan may be shown. Such plan shall be prepared, signed and sealed by a State of Florida registered landscape architect. The design shall be drawn to a scale no smaller than one inch equals twenty (20) feet unless a smaller scale is approved by the Community Development Services Director or designee, and include the following information:

(A)

Tree survey, including type (common and botanical name), quality, size and location of existing vegetation;

(B)

Location of all existing or proposed structures, improvements and site uses, property dimensioned and referenced to property lines, setback and yard requirements and spatial relationships;

(C)

Existing and proposed site elevations, grades and major contours, including water retention areas;

(D)

Location of existing or proposed utilities and easements, including drainage easements, drainage features, drainfields and septic tanks, underground utilities and overhead powerlines;

(E)

Building foundation plantings (including recreational areas). Should there be more than one identical building on the premises, a "typical" building plan may be shown;

(F)

Common and botanical name of all existing tree and plant species to be retained on the site and new species proposed for planting;

(G)

Height, caliper and canopy spread of species at time of planting;

(H)

Center to center distance between individual shrubs;

(I)

Total number of all materials required and provided by species (i.e. trees, shrubs, ground cover) summarized in legend format;

(J)

Location of proposed landscape materials, including wall, fence and tree staking details;

(K)

Description of landscape installation practices to be utilized;

(L)

Irrigation plan demonstrating compliance with Section 150-210, including drawings, showing water source, manifold, pipe size, number, make, pattern of heads to be used and gallons per zone; and

(M)

Disposition plan identifying all existing trees proposed to be removed from the site.

(Ord. No. 2020-005, § 6, 5-26-20)

Sec. 150-200. - Installation.

All landscaping shall be installed in a sound, workmanlike manner and according to accepted good planting procedures as prescribed by the American Society of Landscape Architects, with the quality of plant materials as heretofore described. All landscaping shall be completed to meet all the provisions herein, prior to the issuance of a certificate of occupancy or the issuance of a local business tax receipt. Additionally:

(A)

Trees shall be protected from lawn equipment by provision of thirty (30) inch-wide beds at base;

(B)

All trees and shrubs shall be planted in a planting soil consisting of a mixture of fifty (50) percent mulch and fifty (50) percent clean brown sand. Planting holes will be twice the size of ball of the tree or shrub being planted. The burlap shall be removed from the top one-third (⅓) of the ball of material;

(C)

All material shall be treated with fertilizer tablets immediately after planting;

(D)

Three (3) inches of mulch is required around all planting material;

(E)

All plant material shall be planted in a manner which is not intrusive to utilities or pavement; bedding/mulching materials shall be installed to not exceed curb heights;

(F)

Irrigation shall commence immediately upon installation and provision made for continued irrigation. New trees must be hand watered independent of an irrigation system for the first thirty (30) days after planting;

(G)

Guying and propping of trees shall be performed as follows: Palms shall be supported by props. The trunks shall be padded and two by fours banded with no nails in the trunk of the tree. Canopy trees shall be guyed with trunks and limbs to be protected from wire by hose;

(H)

All landscape materials are to be guaranteed for a minimum of one year with a signed copy of the guarantee by the installer to be submitted prior to the issuance of the certificate of occupancy; and

(I)

The Community Development Services Department must be notified prior to installation as to time of the installation to verify compliance with this Section and to inspect materials.

(Ord. No. 2020-005, § 6, 5-26-20)

Sec. 150-210. - Irrigation.

Excepting single-family residences, all landscape and sodded areas, including the swale, shall be irrigated by an underground automatic sprinkler system. Wherever practical, high water and low water use areas shall be circuited as noted below:

(A)

Irrigation controllers shall have rain sensors incorporated into the system.

(B)

Irrigation systems shall be designed to have a minimum of one hundred (100) percent coverage on a day when winds are no more than five (5) miles an hour.

(C)

The following standards are the minimum requirements for landscape irrigation design.

(1)

Sprinkler zoning. 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.

(2)

Control systems. Automatically controlled irrigation systems shall be operated by an irrigation controller that is capable of watering high water requirement areas on a different schedule from low water requirement areas.

(D)

Landscape irrigation systems shall be designed so that, to the greatest extent practical, water is not applied to non-pervious areas;

(E)

Use of non-potable water for use in the irrigation of lawn and plant material is required when determined to be available;

(F)

Detailed irrigation plans must be submitted to the City for review and approval with site plan approval or buildings permit applications as applicable. In addition to all other necessary inspections, the Community Development Services Department shall test the final system to assure that it satisfies the intent of this Section;

(G)

Drawings showing water source, manifold, pipe size, number, make, pattern of heads to be used and gallons per zone, must be submitted with building permit plans for review and approval by the Building Official.

(Ord. No. 2020-005, § 6, 5-26-20)

Sec. 150-220. - Certificate of installation.

The same qualified firm which prepared the approved plans shall certify the finished installation of the plant material on a project prior to an application for final inspection of the installation. This certification shall verify that the plant material specified and shown in the plans is, in fact, in place per the approved plans. Any deviations from the approved plan shall be approved by the DRC prior to the implementation of the deviations. All deviations from the approved plan shall be noted and explained. The formal of the certification shall be in letter form bearing the original letterhead of the designing firm and containing a statement that all requirements have been met, and shall be accompanied by a signed and sealed "as-built" plan, pursuant to applicable Florida Statutes.

(Ord. No. 2020-005, § 6, 5-26-20)

Sec. 150-230. - Maintenance.

The owner, tenant and their agents, if any, shall be jointly and severally responsible for the maintenance and protection of all landscaping existing or hereafter installed, which shall be maintained in a healthy growing condition and shall be kept free from refuse and debris. Maintenance shall include watering, weeding, mowing, fertilization, treating, mulching, pruning, removal/replacement of dead or diseased trees and removal of refuse and debris on a regular basis so as to present a neat and well-kept appearance at all times. Hatracking is considered a violation of this Code. Hatrack shall mean to flat cut the top or sides of a tree, to sever the leader or leaders, or to prune a tree by stubbing of mature wood, except where removal of branches is necessary for the protection of property or for public safety purposes.

(Ord. No. 2020-005, § 6, 5-26-20)

Sec. 150-240. - Tree removal permits.

Tree removal permits shall be required prior to removal of all trees identified in Section 150-130.

(Ord. No. 2020-005, § 6, 5-26-20)

Sec. 150-250. - Synthetic turf.

Synthetic turf may be permitted on all properties used for residential, mixed-use or commercial purposes, subject to the requirements and procedures set forth in this Section.

(A)

Synthetic turf shall comply with all the following design standards and shall:

(1)

Simulate the appearance of live turf, organic turf, grass, sod or lawn, as determined by the Emergency Management/Utilities Director or designee and the Community Development Services Director or designee, and shall have a minimum eight-year "no fade" warranty.

(2)

Be of a type known as cut pile infill with pile fibers of a minimum height of 1.75 inches and a maximum height of 2.5 inches.

(3)

Have a minimum face weight of seventy-five (75) ounces per square yard.

(4)

Be manufactured from polyethylene monofilament, dual yarn system, and manufactured in the United States.

(5)

Have backing that is permeable.

(6)

Be lead free and flame retardant.

(7)

Shall not exceed more than twenty (20) percent of the plantable area of a yard.

(B)

Synthetic turf shall comply with all the following installation standards and shall:

(1)

Be installed by a Florida-licensed general contractor or Florida-licensed landscape architect in a manner prescribed by the manufacturer.

(2)

Be installed over a subgrade prepared to provide positive drainage and an evenly graded mass of porous crushed rock aggregate material that is a minimum of three (3) inches in depth.

(3)

Be anchored at all edges and seams.

(4)

Not have visible seams between multiple panels.

(5)

Have seams that are joined in a tight and secure manner.

(6)

Have an infill medium consisting of clean silica sand or other mixture, pursuant to the manufacturer's specifications or as approved by the Emergency Management/Utilities Director or designee and the Community Development Services Director or designee, that shall:

a.

Be brushed into the fibers to ensure that the fibers remain in an upright position;

b.

Provide ballast that will help hold the turf in place; and

c.

Provide a cushioning effect.

(C)

Synthetic turf shall comply with all the following additional standards:

(1)

Areas of living plant material shall be installed and/or maintained in conjunction with the installation of synthetic turf when utilized in the front yard area. Living plant material shall include a combination of two (2) or more shrubs, vines, trees, or groundcovers in separate planter areas and/or tree wells.

(2)

Synthetic turf shall be separated from planter areas and tree wells by a concrete mow strip, bender board or other barrier with a minimum three-eighths-inch thickness to prevent the intrusion of living plant material into the synthetic turf.

(3)

Irrigation systems proximate to the synthetic turf shall be capped, directed or otherwise treated so that no irrigation affects the synthetic turf.

(D)

Synthetic turf shall comply with all the following maintenance standards and shall:

(1)

Be maintained in an attractive and clean condition, and shall not contain holes, tears, stains, discoloration, seam separations, uplifted surfaces or edges, heat degradation or excessive wear.

(2)

Be maintained in a green fadeless condition and free of weeds, debris, and impressions.

(E)

All uses of synthetic turf shall require a building permit. The building permit application shall include, at a minimum, all the following information:

(1)

A complete landscape plan showing the area of synthetic turf, area of living plant material, and area and method of separation between these areas.

(2)

Details regarding existing or proposed irrigation proximate to the synthetic turf.

(3)

Brand and type of synthetic turf, including all manufacturer specifications and warranties.

(4)

A scaled cross section and details of the proposed materials and installation, including but not limited to subgrade, drainage, base or leveling layer, and infill.

(5)

A survey of the property, signed and sealed by a licensed surveyor, depicting all existing easements located on the property.

(6)

A form signed by any holder of an easement or right-of-way on the property consenting to the installation of the synthetic turf within the easement or right-of-way, with an accompanying acknowledgement by the property owner that in the event the easement holder performs work in the easement that it is the property owner's responsibility to repair and replace the synthetic turf disturbed as a result of the work in the easement.

(F)

Should synthetic turf be proposed within a public right-of-way, a permit pursuant to Section 165-010, Improvements within public rights-of-way, shall be required.

(Ord. No. 2020-005, § 6, 5-26-20)

Sec. 150-260. - Green walls.

A green wall, also referred to as a living wall or a vertical garden, is an internal or external wall partially or completely covered with vegetation that includes a support structure, growing medium, and integrated water delivery system. Green walls can contain one planting bed in the ground at the base of the wall; this is limited to one- or two-story buildings with vine coverage; planting boxes at the bases of each floor for multi-story buildings, or individual planting cells uniformly dispersed over the entirely of the structure. Green walls can conserve energy, promote a healthy landscape, support public health and safety, and otherwise increase a development's sustainability. The provisions in this Section are the minimum landscape requirements of the City pertaining to external green walls.

(A)

A decorative wall containing only artificial plants in not considered a green wall per this Section. If artificial plant material as is included in conjunction with a green wall:

(1)

It cannot exceed more than ten (10) percent of the total proposed area,

(2)

The area of artificial material must be clustered in no more than two (2) distinct locations,

(3)

It must have the appearance of living materials,

(4)

It must be maintained in a green fadeless condition, and

(5)

The area of artificial materials will not be included within the area delineated as green wall.

(B)

Installation of a green wall shall require a building permit. The plan set submitted for the building permit application shall include, at a minimum, the following:

(1)

The delineation of and the total area of green wall,

(2)

The specifications for the irrigation system,

(3)

The structural components of the support system and demonstrated compliance with the Florida Building Code,

(4)

Identification of the planting medium, and the structure, size and location of planting cells and/or planting beds,

(5)

A planting chart that includes plant identification, quantities and specifications,

(6)

The plant installation specifications including how vines/plants will initially be fastened to the structure, and

(7)

The long-term plant fertilization and maintenance regime.

(C)

A green wall shall comply with all the following installation standards:

(1)

Shall include an irrigation system.

(2)

The area delineated as green wall shall contain one hundred (100) percent living plant material and shall not incorporate artificial plant material into the green wall.

(3)

A green wall twenty (20) feet or less in height beginning at the ground level:

a.

May be constructed with a single in-the-ground planting bed at the base of the wall,

b.

The planting bed and plant installation shall comply with the provisions of Section 150-200, Installation within this Article,

c.

Vine type plant materials capable of achieving a 20-foot height and the coverage requirements of the Section shall be installed,

d.

Installed material shall be at least four (4) feet height upon installation, and

e.

Installed material shall be of sufficient density and fullness to meet at least twenty (20) percent coverage of the delineated green wall area upon installation.

(4)

Green walls greater than twenty (20) feet in height:

a.

Shall have planting cells uniformly dispersed over the entire green wall area or have planting beds at multiple heights along the green wall area,

b.

Planting cells and planting beds shall be of sufficient size, spacing, and quantity to provide for a minimum of at least sixty (60) percent coverage by installed plant materials on the delineated green wall area upon installation, and

c.

Installed material shall be of sufficient density and fullness to meet at least sixty (60) percent coverage of the delineated green wall area upon installation.

(D)

All green walls shall comply with the following additional standards:

(1)

Installed plants shall be maintained and replaced as needed to ensure at minimum of eighty-five (85) percent viability of quantity of installed material,

(2)

Installed material shall attain an ninety-five (95) percent coverage of the delineated green wall within one year of installation, and

(3)

The green wall shall be maintained in an attractive condition free of weeds, debris and structural defects.

(E)

The City reserves the right to require a bond upon application for a green wall to ensure maintenance and viability for the first two (2) years after installation.

(G)

On a case by cases basis, at the discretion of the City Manager or designee, a green wall may meet some or all of the perimeter landscape buffer planting requirements. Adjacent properties and uses, and size of green wall will be contributing factors in this decision.

(Ord. No. 2020-005, § 6, 5-26-20)

Sec. 150-270. - Green roof.

A Green roof, also referred to as a living roof, is a roof of a building that is partially or completely covered with living vegetation and a growing medium, planted over a waterproofing membrane. A green roof also includes additional layers such as a root barrier and drainage and irrigation systems. A green roof can be comprised of a single planting bed or multiple individual planting bed components integrated as a single roof system. Green roofs can conserve energy, promote a healthy landscape, support public health and safety, and otherwise increase a development's sustainability. The provisions in this Section are the minimum landscape requirements of the City pertaining to green roofs.

(A)

Installation of a green roof shall require a building permit. The plan set submitted for the building permit application shall include, at a minimum, the following:

(1)

A delineation of and the total area of the green roof,

(2)

Specifications for the irrigation system,

(3)

Specification on the structural components of the green roof system and demonstrated compliance with the Florida Building Code,

(4)

Identification of the planting medium, and structure and location of planting cells if comprised of multiple integrated component beds,

(5)

A planting chart that includes plant identification, quantities and specifications,

(6)

Plant installation specifications, and

(7)

A long-term plant fertilization and a maintenance regime.

(B)

A green roof shall comply with all the following installation standards:

(1)

Shall include an irrigation system, and

(2)

Plant material shall meet at least eighty-five (85) percent coverage of the delineated green roof area upon installation.

(C)

A green roof shall comply with the following additional standards:

(1)

Installed plants shall be maintained and replaced as needed to ensure a minimum of eighty-five (85) percent viability of quantity of installed material,

(2)

Installed material shall attain an one hundred (100) percent coverage of the delineated green roof area within one year of installation, and

(3)

The green roof shall be maintained in an attractive condition free of weeds, debris and structural defects.

(D)

The City reserves the right to require a bond upon application for a green roof to ensure maintenance and viability for the first two (2) years after installation.

(E)

On a case by cases basis, at the discretion of the City Manager or designee, a green roof may contribute to landscape buffer requirements. Adjacent properties and uses, and size of green roof will be contributing factors in this decision.

(Ord. No. 2020-005, § 6, 5-26-20)

Sec. 150-280. - Vegetable garden.

Nothing in this code precludes a property owner from installing and maintaining a vegetable garden.

(A)

A vegetable garden must be maintained in accordance with Section 150-230 of this Article.

(B)

A vegetable garden cannot be installed in a right-of-way or easement without a form signed by any holder of an easement or right-of-way on the property consenting to the installation of the vegetable garden within the easement or right-of-way, with an accompanying acknowledgement by the property owner that in the event the easement holder performs work in the easement that it is the property owner's responsibility to repair and replace the vegetable garden disturbed as a result of the work in the easement.

(C)

A vegetable garden does not fulfill the requirements for perimeter landscape buffer plantings.

(D)

A vegetable garden must maintain at a minimum a five-foot setback from a waterbody to aid in impeding the introduction of nutrients, herbicides or pesticides into the waterbody.

(E)

Any compost pile(s) maintained in conjunction with a vegetable garden shall maintain at least a ten-foot setback from an adjacent waterbody to aid in impeding the introduction of nutrients into the waterbody.

(Ord. No. 2020-005, § 6, 5-26-20)

Sec. 150-290. - Penalty.

Any person, firm or corporation who violates any of the provisions of this Section shall be fined not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00) for each violation. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as hereinabove provided.

(Ord. No. 2020-005, § 6, 5-26-20)