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HomeMy WebLinkAbout1984-47 (2)M � � INDIAN RIVER COUNTY ORDINANCE #84-47 AN ORDINANCE TO BE KNOWN AS THE INDIAN RIVER COUNTY LANDSCAPE ORDINANCE; PROVIDING FOR A SHORT TITLE; DECLARING PURPOSE AND INTENT; PROVIDING FOR APPLICABILITY; PROVIDING FOR DEFINITIONS; PROVIDING FOR PLANT INSTALLATION, MAINTENANCE, AND MATERIALS; PROVIDING CREDIT FOR EXISTING PLANT MATERIAL; PROVIDING FOR REQUIRED LANDSCAPING IN OFF-STREET PARKING AND OTHER VEHICULAR USE AREAS PROVIDING FOR REQUIRED LANDSCAPING IN NON -VEHICULAR OPEN SPACE AREAS; PROVIDING FOR LANDSCAPE PLAN APPROVAL AND ISSUANCE OF A CERTIFICATE OF OCCUPANCY; PROVIDING FOR VARIANCES AND ADMINISTRATIVE APPEALS; PROVIDING FOR EN- FORCEMENT, VIOLATIONS, PENALTIES, AND OTHER LEGAL ADMINISTRA- TIVE REMEDIES; PROVIDING FOR THE REPEAL OF CONFLICTING PRO- VISIONS; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES OF INDIAN RIVER COUNTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA: SECTION 1. SHORT TITLE. This ordinance shall be known and may be cited as the Indian River County Landscape Ordinance. SECTION 2. DECLARATION OF PURPOSE AND INTENT. It is the purpose and intent of this ordinance to improve the appearance of certain setback and yard areas including off-street vehicular parking and non -vehicular open space areas in Indian River County; to protect and preserve the appearance, character and value of the surrounding neighbor- hoods and thereby promote the general welfare by providing for installation and maintenance of landscaping for screening and elimination of visual pollution, since the County Commission finds that the unique characteristics and qualities of Indian River County justify regulations to perpetuate the appeal of its natural visual pollution free environment. SECTION 3. APPLICABILITY. This ordinance shall be applicable to all land lying in the unincorporated area of Indian River County, Florida. SECTION 4. DEFINITIONS. 1. Accessway: A paved area intended to provide ingress and egress of vehicular traffic from a public or private right-of-way to an off-street parking area. 1 2. Encroachment: Any protrusion of a vehicle outside of a parking space, display area or accessway into a landscaped area. 3. Frontage: Lineal distance measured along abutting public or private rights-of-way. 4. Ground cover: Low grounding plants planted in such a manner as to form a continuous cover over the ground, such as, but not limited to Grass, Wandering Jew, Ajuga, Asparagus Fern, and Confederate Jasmine. 5. Landscaping: Landscaping shall consist of any of the following or combination thereof; material such as but not limited to grass, ground covers, shrubs, vines hedges, trees, or palms; and nonliving durable material commonly used in landscaping, such as, but not limited to rocks, pebbles, sand, walls or fences, but excluding paving. 6. Mulch: Nonliving small aggregate material such as gravel, rock, pebbles, bark, or pine needles used as a ground cover. 7. Non -vehicular open space: That portion of a site or parcel upon which buildings, pavement, or other im- provements have not been placed, but excluding lakes and wet - storage stormwater retention areas. 8. Off-street parking: An area not within a building service way or other structure where motor vehicles may be stored for the purpose of temporary, daily or overnight parking. This definition shall include a motor vehicle display lot, or display of boats, trailers, and mobile homes. 9. Planning and Zoning Commission: The planning and zoning commission of Indian River County. 10. Planting area: Any area designated for land- scape planting having a minimum of ten (10) square feet and at least one dimension on any side of three (3) feet; except that, wherever a tree shall be planted, a minimum area of twenty-five (25) square feet, with a minimum dimension of at least five (5) feet, shall be required. tj 11. Shrub: Any low growing self-supporting woody evergreen and/or flowering species. 12. Tree: A woody plant having a well defined stem, a more or less well defined crown, and which is capable of attaining a height of at least eight (8) feet with a trunk diameter of not less than two (2) inches, or a cluster of main stems having an aggregate diameter of not less than two (2) inches, at a point four and one-half (4-1/2) feet above ground. 13. Vines: Any of a group of woody or herbaceous plants which may climb by twining, by means of aerial rootlets or by means of tendrils, or which may simply sprawl over the ground or other plants. 14. Code Enforcement official: Authorized employ- ee in the Indian River County Planning and Development Divi- sion. SECTION 5. PLANT INSTALLATION, MAINTENANCE, AND MATERIALS A. Installation. All landscaping shall be installed in a sound workmanlike manner and according to accepted good planting procedures with the quality of plant materials as hereinafter described. All elements of landscaping exclusive of plant material, shall be installed so as to meet all other applicable ordinances and code requirements. Landscaped areas shall require protection from vehicular encroachment. A Code En- forcement official shall inspect all landscaping, and no final certificates of occupancy and use or similar authorization will be issued unless the landscaping meets the requirements provid- ed herein. B. Maintenance. The owner, or his agent, shall maintain all landscap- ing depicted on the approved plan in good condition, so as to present a healthy, neat, and orderly appearance, free from refuse and debris, and in a manner meeting at least the minimum standard of quality, quantity and variety required by this 3 ordinance, for the duration of use of the site. All land- scaped areas shall be provided with a readily available water supply having at least one outlet located within 50 feet of all plant material to be maintained, or an adequate irrigation system. Completed project sites shall be reviewed periodically by Code Enforcement Officials for compliance with these pro- visions, and any uncorrected violations shall be presented to the Code Enforcement Board. Native plant areas used for landscaping purposes may be left in their natural condition providing they are maintained so as not to create a health or safety hazard. These areas may also be excluded from the water supply requirement providing they are in a healthy condition upon issuance of a final certificate of occupancy. C. Plant Material 1. Quality. Plant materials used in conformance with provisions of this ordinance shall conform to the Standards for Florida No. 1 or better as given in "Grades and Standards for Nursery Plants" Part I, 1973 and Part II, 1975 State of Florida, Department of Agriculture, Tallahassee, or equal thereto. Grass sod shall be clean and reasonably free of weeds and noxious pests or diseases. Grass seed shall be delivered to the job site in bags with Florida Department of Agriculture tags attached, indicating the seed grower's compliance with the Department's quality control program. Plant materials which are known to be intolerant of paving environments, or whose phys- ical characteristics may be injurious to the public, shall not be specified for use. 2. Trees. a) Trees shall be species having an average mature spread of crown of greater than fifteen (15) feet when growing in the County of Indian River, Florida, and eventually having a trunk(s) which can be maintained in a clean condition over five (5) feet of clear wood. Trees having an average mature spread 4 of crown less than fifteen (15) feet may be substituted by grouping the same so as to create the equivalent of a fifteen (15) foot crown spread. Palms shall be considered trees and if used, they shall consist of no more than fifty (50) per cent of total new tree requirement for any area. Palms may constitute more than the fifty (50) per cent of total new tree requirement when said palms are existing on the site and either remain on site or are relocated on the same site. Tree species shall be a minimum of eight (8) feet overall height at time of planting. The number of different species of trees, other than palms, shall be as follows: "Required Number" "Minimum Number" of Trees of Species 1-10 ............................. 1 11-30 ............................. 2 31-60 ............................ 3 61-100 ............................. 4 100-over ............................. 5 b) For sites or parcels located on the barrier island, the minimum number of species required herein shall not exceed three (3), notwithstanding that the required number of trees may exceed sixty (60). Such trees shall be species both indigenous to and tolerant of barrier island conditions. c) At least fifty (50) per cent of all new required trees shall be of a native species. Trees of a species whose roots are known to cause damage to public roadways or other public works or easements shall not be planted closer than twelve (12) feet to such public works, unless the tree root% system is completely contained within a barrier for which the minimum interior containing dimensions shall be (5) feet square and five (5) feet deep, and for which the construction requirements shall be four (4) inches thick concrete reinforced with No. 6 road mesh (6 x 6 x 6) or equivalent. d) The following species will not be used to fulfill the requirements of this article: Australian Pine - (Casuarina equisetifolia), (Casuarina lepidophlia), (Casuarina cumminghamiana); Chinaberry - (Melia azedarch); Ear pod - (Enterlobium cyclocarpum); 5 Brazilian pepper - (Schinus terebinthifolius); Melaleuca - (Melaleuca quinquenervia). 3. Shrubs and hedges. Shrubs shall be a minimum of eighteen (18) inches in height when measured immediately after planting. Hedges, where required, shall be planted and main- tained so as to form a continuous, unbroken, solid screen within a maximum of two years after time of planting. 4. Vines. Vines shall be a minimum of eighteen (18) inches in height directly after planting and may be used in conjunction with fences, screens, or walls to meet physical barrier requirements as specified. 5. Ground covers. Ground covers other than grass shall be planted in such a manner as to present a finished appearance and reasonably complete coverage within one (1) year after planting. 6. Grass. Grass areas may be sodded, plugged, sprigged or seeded, except that solid sod shall be used in swales or other areas subject to erosion. Seed, where used, shall be of a variety that will produce coverage within ninety (90) days from sowing; where other than solid sod, grass seed or grass sprigging is used, nurse grass seed shall be sown for immediate effect and protection until coverage is otherwise achieved. When necessary, a reseeding program shall be implemented to produce complete coverage within one (1) year. SECTION 6. EXISTING PLANT MATERIAL. Where healthy native plant material exists on a site prior to development and provision is made to preserve same, credit shall be given for such natural growth areas in meeting the requirements of this ordinance. Such native plant material receiving a credit must be maintained in substantially the quantity and locations approved until such time as site modi- fications are approved which meet the intent of this ordinance. SECTION 7. LANDSCAPING REQUIREMENTS FOR OFF-STREET PARKING & OTHER VEHICULAR USE AREAS. A. Required Landscaping adjacent to public rights - of way. C On the site of a building or open lot providing an off-street parking area, where such area will not be entirely screened visually by an intervening building or structure from any abutting right-of-way, excluding dedicated alleys, there shall be provided landscaping between such area and such right-of-way as follows: (1) A strip of land at least ten (10) feet in depth located between the abutting right-of-way and the off-street parking area which is exposed to an abutting right-of-way shall be landscaped, such landscaping to include one tree for each forty (40) lineal feet or fraction thereof. Such trees shall be located between the abutting right-of-way and off- street parking area, and shall be planted in a planting area of at least twenty-five (25) square feet with a minimum of the dimensions being at least five (5) feet. In addition, a hedge, wall, fence or other durable landscape barrier of at least two (2) feet in height shall be maintained along the perimeter of such landscaped strip. If such durable barrier is of nonliving material, at each ten (10) feet thereof, one shrub or vine shall be planted abutting such barrier, but need not be spaced ten (10) feet apart. Such shrubs or vines shall be planted along the street side of such barrier unless they are of sufficient height at the time of planting to be readily visible over the top of such barrier. The remainder of the required landscaped areas shall be landscaped with grass, ground cover or other landscape treatment excluding paving. (2) All non -vehicular open space other than the required landscaped strip lying between the right-of-way and off-street parking area shall be landscaped as provided in section 8 of this ordinance. (3) Necessary accessways from the public right-of-way through all such landscaping areas shall be permitted to service the parking, and such accessways may be subtracted from the lineal dimension used to determine the number of trees required. 7 t B. Perimeter landscaping relating to abutting properties; exemption. (1) On the site of a building or structure or open lot use providing an off-street parking area where such areas will not be entirely screened visually by an intervening building or structure from abutting property, that portion of such area not so screened shall be provided with a hedge or other durable landscape barrier maintained at not greater than six (6) feet in height nor less than three (3) feet in height to form a continuous screen between the off-street parking area and such abutting property. Such landscaped barrier shall be located between the common lot line and the off-street parking area, and shall be planted in a planting strip no less than four (4) feet in width. In addition, one tree shall be provid- ed for each fifty (50) lineal feet of such landscape barrier or fractional part thereof. Such trees shall be located between the common lot line and the off-street parking area. Each such tree shall be planted in at least twenty-five (25) square feet of planting area with a minimum dimension of at least five (5) feet. Each such planting area shall be landscaped with grass, ground cover or other landscape material, excluding paving, in addition to the required tree. (2) The provisions of subsection (1) above shall not be applicable in the following situations: (a) When a property line abuts a dedicated alley, or to those portions of the property that are opposite a building or other structure located on the abutting property; (b) Where the subject property and abutting property are zoned or used for nonresidential uses, only the tree pro- vision with its planting area as prescribed in this subsection shall be required; however, the number of trees may be reduced to one tree for every one hundred twenty-five (125) lineal feet or fraction thereof. C. Parking Area Interior Landscaping. For Off-street parking, an area or areas equal to at 8 least five (5) percent of the total paved area shall be provid- ed with interior landscaping. Each separate landscaped area shall contain a minimum of twenty-five (25) square feet and shall have a minimum dimension of at least five (5) feet and shall include at least one (1) tree having a clear trunk of at least five (5) feet, with the remaining area adequately land- scaped with shrubs, ground cover or other authorized landscap- ing material not to exceed three (3) feet in height. The total number of trees shall not be less than one (1) for each three hundred (300) square feet or fraction thereof of required interior landscaped area. Such landscaped areas shall be located in such a manner as to divide and break up the expanse of paving. When, upon the request of the developer and in the opinion of the Planning & Development Director, the placing of all required interior trees would create an impractical landscape effect, a portion of the required interior trees may be placed along the perimeter of the parking area to satisfy this requirement. D. Encroachment. Landscape areas shall require protection from vehicu- lar encroachment. Car stops shall be placed at least three (3) feet from the edge of such landscaped areas. Where a wheel stop or curb is utilized, the paved area between the curb/wheel stop and the end of the parking space may be omitted, provided it is landscaped in addition to the required landscaping provided. Car stops shall be located so as to prevent damage to any planting areas by automobiles. E. Site Distance for Landscaping Adjacent to Roadways and Points of Access. (1) All landscape plans submitted hereunder shall meet the minimum sight distance requirements established herein, as viewed from the perspective of the driver of a vehicle leaving the project premises onto the abutting public or private roadway. W (2) Crossing Maneuver. The sight distance required for the safe execution of a crossing maneuver is dependent upon the acceleration capabil- ities of the vehicle, the crossing distance, and the design speed of the street or highway to be crossed. The minimum required sight distance in both directions, measured from the centerline of the roadway being entered to the initial position of the vehicle before the crossing (as shown on Figure 41) for various classes of vehicles shall be as stated in Tables #1 and #2, which follow. Table #1 or #2 shall be applied as the case may be, depending upon whether a given vehicle class consti- tutes five percent or more of the total crossing traffic, or if that class experiences 30 or more crossings per day. A devel- oper shall provide sufficient information on the nature of vehicles using the project to substantiate which class of vehicle table is being incorporated into the landscaping plan. (3) Assumptions. The vehicle offset shall be assumed to be at least ten feet from the nearest pavement edge. The setback required for site distance shall be at least five feet greater than the vehicle offset, as reflected in Figure #1. (4) All landscaping shall be installed and main- tained in a manner which provides unobstructed visibility within the sight distance area calculated hereunder, at a level between two -and -one-half feet and ten feet above grade; provid- ed, however, trees or palms having limbs or foliage trimmed in such a manner that no limbs or foliage extend into the visibil- ity area shall be allowed, provided they are so located so as not to create a traffic hazard. Other landscaping, except required grass or ground cover, shall not be located closer than three feet from the edge of any access -way pavement. (5) Left -Turn Crossings. Sight distance for left -turn crossings shall be measured in the same manner as provided for crossing maneuvers. On median separated roadways, sight distance to the left may be based upon the sight distance required for a two-lane road. 10 CA TABLE 1 DESIGN VEHICLES: PASSENGER CAR, SINGLE UNIT TRUCK, SINGLE UNIT BUS SIGHT DISTANCE SPEED TWO LANE FOUR LANE 30 or less 375 500 35 425 575 40 500 650 45 550 700 50 600 750 55 675 900 TABLE 2 DESIGN VEHICLE: SEMI -TRAILER COMBINATION; INTERMEDIATE, AND LARGE SIGHT DISTANCE SPEED TWO LANE FOUR LANE 30 or less 550 650 35 640 750 40 725 850 45 800 950 50 900 1050 55 975 1200 11 SECTION 8. LANDSCAPING REQUIREMENTS FOR NON- VEHICULAR OPEN SPACE AREAS A. General Landscaping Treatment All non -vehicular open spaces on any site proposed for development in all zoning districts, except for sin- gle-family dwellings, shall conform to the minimum landscaping requirements herein provided. Grass, ground cover, shrubs, native plant areas and other landscaping materials shall be used to treat all ground not covered by building, paving, or other structures. B. Trees Required Trees shall be planted in the non -vehicular open space to meet the following requirements: (1) Multiple -family residential zoning districts and mobile home residential zoning districts requiring site plan approval - a minimum of one tree per each 2000 square feet or fraction thereof; (2) B-1, C-lA, C-1 Commercial Zoning Districts and Medical District - minimum of one tree per each three thousand (3,000) square feet or fraction thereof; (3) C-2 Commercial, LM -1, and M-1 Industrial Zoning Districts - a minimum of one tree per each four thousand five hundred (4,500) square feet or fraction thereof. SECTION 9. LANDSCAPE PLAN & CERTIFICATE OF OCCUPANCY A. No construction requiring site plan review shall be undertaken in Indian River County until a landscape plan has been approved by the Planning and Zoning Commission. The Planning and Zoning Commission will not approve any landscape plan unless it conforms to the requirements of this ordinance, and is submitted for site plan approval under Section 23 of the Zoning Ordinance [Appendix A], if required. When the redevelopment, reconstruction, upgrading, expansion or change in use of a previously developed site is such that site plan review is required by County ordinance, 12 then this ordinance shall be applied to such site as if it were previously undeveloped. The Planning and Zoning Commission will not approve any landscape' plan unless it conforms to the requirements of this ordinance, and is submitted for site plan approval under Section 23 of the Zoning Ordinance [Appendix A], if required. B. Landscape plans submitted pursuant to this ordinance shall be drawn to scale, including dimensions and distance, and clearly delineate the existing and proposed parking spaces, access aisles, driveways, and the location, size and description of all landscape materials including the method of watering and maintaining the landscape area. C. Certificate of occupancy. No final certificate of occupancy shall be given or issued to the owner or his agent until all conditions of this ordinance have been met and the Code Enforcement official has given an approval. However, a temporary certificate of occu- pancy may be issued in those instances where all improvements on a site except landscaping have been completed, where power is required for the irrigation system, and where the developer of the project certifies in writing that the required landscap- ing for the project will be installed as depicted on the plan and provides a timetable for installation of the landscaping. Failure to fulfill the proposed timetable shall be grounds for immediate and summary revocation of the temporary certificate of occupancy by the County. SECTION 10 VARIANCES AND ADMINISTRATIVE APPEALS A variance from any of the substantive requirements of this ordinance or an appeal of any administrative determina- tion made by the Planning & Development Division may be ob- tained in accordance with the procedures and criteria set forth for such relief in Section 26 of the Zoning Ordinance of Indian River County, as may be amended from time to time, however, the Planning and Zoning Commission of Indian River County shall be 13 the Board to which all such variance requests or appeals are submitted. SECTION 11 PENALTIES AND ENFORCEMENT -- CODE ENFORCEMENT BOARD JURISDICTION A violation of any provision of this ordinance shall be punishable upon conviction by a fine not to exceed FIVE HUNDRED DOLLARS ($500.00), or by imprisonment in the County jail up to sixty (60) days, or both such fine and imprisonment. Any violation of this ordinance is also subject to prosecution before the Indian River County Code Enforcement Board in accordance with applicable law and subject to penalties allowable under the Code Enforcement Board Ordinance. In addition to either of the foregoing remedites, the County or any aggrieved party having a substantial interest in the protections provided by this ordinance may apply directly to a court of competent jurisdiction for mandatory or prohibitive injunctive relief. SECTION 12 REPEAL OF CONFLICTING PROVISIONS All previous ordinances, resolutions, or motions of the Board of County Commissioners of Indian River County, Florida which conflict with the provisions of this ordinance, and specifically, Ordinance No. 78-1 as amended, codified as Sections 13k - 16 through Section 13, - 27-- of the Code of Laws and Ordinance of Indian River County, are hereby repealed to the extent of such conflict. All Special Acts of the legislature applying only to the unincorporated portion of Indian River County and which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. SECTION 13 INCORPORATION IN CODE The provisions of this ordinance shall be incorporat- ed into the County Code and the word "ordinance" may be changed 14 to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intentions. SECTION 14 SEVERABILITY If any section, part of a sentence, paragraph, phrase or word of this ordinance is for any reason held to be uncon- stitutional, inoperative or void, such holdings shall not affect the remaining portions hereof and it shall be construed to have been the legislative intent to pass this ordinance without such unconstitutional, invalid or inoperative part. SECTION 15 P EFFECTIVE DATE This ordinance shall become effective as law on the 10th calendar day following the date of receipt of acknowledge- ment from the Department of State of the filing of this ordi- nance. Any project for which a completed site plan application has been received prior to the effective date of this ordinance may be reviewed, approved, and developed in accordance with Ordinance No. 78-1 as amended. Approved and adopted by the Board of County Commis- sioners of Indian River County, Florida on this 1st day of August 1984. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY / BY /�a►. G DON -C. SCURL CK, JR., airman Acknowledgment by the Department of the State of Florida this 20th day of August , 1984. Effective Date: Acknowledgment from the Department of State received on this 23rd day of August 1984, at 10:15 A.M./P.M. and filed in the Office of the Clerk of the Board of County Commissioners of Indian River County, Florida. APPROVED AS TO FORM AND LEGS SUF IGIENCY. By 'G- AC/ra/tw l� DIS:MISC1 Landscaping Ord. 15