Ordinance No. 95-95-65 v ORDINANCE NO. 95-95-65
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA AMENDING
CHAPTER 24, ZONING AND SUBDIVISION REGULATIONS, ARTICLE III,
ESTABLISHING LANDSCAPE REQUIREMENTS; DELETING CERTAIN LANGUAGE
AND INSERTING ADDITIONAL LANGUAGE; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS the City Commission of the City of Atlantic Beach desires to add landscape
provisions in the Zoning and Subdivision Regulations of the City, and
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF ATLANTIC BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. Chapter 24, Article I of the Code of Ordinances of the City of Atlantic
Beach is hereby amended to read as follows:
ARTICLE III. DIVISION 8 - LANDSCAPE REGULATIONS
Sec. 23-186. Definitions.
The following words and phrases, when used herein, shall have the meanings respectively ascribed
to them:
(1) Ground cover means a low-growing herbaceous or woody plant other than turf,
not over two (2) feet high, used to cover the ground.
(2) Hedge means a landscape barrier consisting of a continuous, dense planting of
shrubs.
(3) Irrigation system means a permanent, artificial watering system designed to
transport and distribute water to plants.
(4) Landscaping means any combination of living plants (such as grass, ground
cover, shrubs, vines, hedges, or trees) and non-living landscape material (such as
rocks, pebbles, sand, mulch, walls or fences.
(5) Mulch means non-living organic materials customarily used in landscape design to
retard erosion and retain moisture.
(6) Perimeter landscape means a continuous area of land which is required to be set
aside along the perimeter of a lot in which landscaping is used to provide a
transition between and to reduce the environmental, aesthetic, and other impacts of
one type of land use upon another.
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(7) Shrub means a self-supporting woody perennial plant characterized by multiple
stems and branches continuous from the base naturally growing to a mature height
between two (2) and twelve (12) feet.
Sec. 23-187. Landscaping Requirements
1. Applicability. The provisions of this section shall be applicable to all commercial and
industrial property development, as defined herein, or to the expansion or renovation of any
existing development, including property in government use. When the total expansion or
renovation of existing development is equal to 50 percent of the current assessed value of the
parcel improvements according to the Property Appraiser or the total square footage of a
structure is expanded to 50 percent or greater, as well as any cumulative expansions totaling 50
percent, then this section shall be applicable to existing development and the expansion.
2. Landscape plan required.
(a) Prior to the issuance of any building permit for commercial or industrial, a
landscape plan shall be filed with, reviewed by, and approved by the Director. The
landscape plan shall be prepared by either the owner, or a licensed, registered
landscape architect, bearing his seal, or shall be otherwise prepared by persons
authorized to prepare landscape plans or drawings pursuant to Chapter 481, Part II
(Landscape Architecture), Florida Statutes.
(b) The landscape plan required hereunder shall be drawn to scale, including
dimensions and distances and shall:
(1) delineate the vehicular use areas, access aisles, driveways, and similar
features;
(2) indicate the location of sprinklers or water outlets;
(3) designate by name and location the plant material to be installed or
preserved in accordance with the requirements of this Part;
(4) identify and describe the location and characteristics of all other landscape
materials to be used;
(5) show all landscape features, including areas of vegetation required to be
preserved by law, in context with the location and outline of existing and
proposed buildings and other improvements upon the site, if any;
(6) include a tabulation clearly displaying the relevant statistical information
necessary for the Director to evaluate compliance with the provisions of
this Part. This includes gross acreage, square footage of preservation
areas, number of trees to be planted or preserved, square footage of paved
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areas, and such other information as the Director may require; and
(7) indicate all overhead and underground utilities located on the property and
in the right-of-way adjacent to the property to which the landscape plan
applies. This shall include overhead and underground electric service lines
to all proposed buildings.
3. Vehicular use area interior landscaping requirements.
(a) Vehicular use areas open to the public; 10 percent of vehicular use areas
(VUA's) used for: Off-street parking, employee parking, auto service stations,
service drives, and access drives within property located in commercial and
industrial use zoning districts shall be landscaped.
(b) Specialized vehicular use areas closed to the public; 5 percent of VUA's used
for: storage areas for new used or rental vehicles and boats; motor vehicle
service facilities; motor freight terminals; and other transportation,
warehousing and truck operations not generally open to the public shall be
landscaped.
(c) Criteria for distribution: Landscape areas shall be distributed throughout
the VUA in such a manner as to provide visual relief from broad expanses of
pavement and at strategic points to channelize and define vehicular and
pedestrian circulation. Landscape areas shall contain the following:
(1) At least 25 percent of the landscape areas shall be covered with
shrubs; the remainder in shrubs, groundcover, mulch or grass.
Shrubs shall be spaced on three (3) foot spacing.
(2) Not less than one (1) tree for every four thousand (4,000) square feet,
or fraction thereof, of the VUA.
(d) Each row of parking spaces shall be terminated by a landscape island with
inside dimensions of not less than five (5) feet wide and seventeen (17) feet
long, or thirty-five (35) feet long if a double row of parking. Each terminal
island shall contain one (1) tree. Each side of the terminal island adjacent to
a travel lane shall have a continuous six (6) inch high curb of concrete or
other appropriate permanent material.
(e) If it can be shown to the satisfaction of the Director that the strict application
of this section will seriously limit the function of the property, he may
approve the location of the required interior landscape area near the
perimeter of the VUA or adjacent to the building on the property, so long as
the landscape area is within twenty (20) feet of the perimeter of the VUA.
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4. Perimeter Landscaping Requirements.
(a) Street Frontage Landscaping: All VUA's which are not entirely screened by
an intervening building from any abutting dedicated public street or
approved private street, to the extent such areas are not so screened, shall
contain the following:
(1) A landscape areas of not less than ten (10) square feet for each linear
foot of VUA street frontage, 50 percent of which shall be at least a five
(5) foot wide strip abutting the street right-of-way except for
driveways. The remaining required landscape area shall be located
within twenty-five (25) feet of the street right-of-way;
(2) A durable opaque landscape screen along at least 75 percent of the
street frontage excluding driveways. Shrubs, walls, fences, earth
mounds and preserved existing understory vegetation, or combination
thereof, may be used so long as the screen is no less than three (3) feet
high measured from the property line grade. Walls or fences shall be
no more than four(4) feet in height and of wood or masonry at least
85 percent opaque. Earth mounds shall not exceed a slope of three to
one (3:1). No less than 25 percent of street side frontage of walls or
fences shall be landscaped with shrubs or vines.
(3) No less than one (1) tree, located within twenty-five (25) feet of the
street right-of-way, for each fifty (50) linear feet, or fraction thereof,
of VUA street frontage. The trees may be clustered, but shall be no
more than seventy-five (75) feet apart. If an overhead power line
abuts the street frontage, then the required trees reaching a mature
height greater than twenty-five (25) feet shall be located at least
fifteen (15) away from the power line.
(4) The remainder of the landscape area shall be landscaped with trees,
shrubs, groundcovers, grass, or mulch.
(5) Landscape areas required by this section shall not be used to satisfy
the interior landscape requirements. However, the gross area of the
perimeter landscaping which exceeds the minimum requirements may
be used to satisfy the interior landscape requirements.
(6) If a utility right-of-way separates the VUA from the public street or
approved private street, the perimeter landscaping requirements of
this section shall still apply.
(b) Perimeter landscaping adjacent to property lines: All vehicular areas which
are not entirely screened by an intervening building from an abutting
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property, to the extent such areas are not screened, shall contain the
following:
(1) A continuous landscape area at least five (5) feet wide between the
VUA's and the abutting property, landscaped with shrubs,
groundcovers, preserved existing vegetation, mulch and grass;
(2) No less than one (1) tree, located within twenty five (25) feet of the
outside edge of the VUA, for every fifty (50) linear feet, or fraction
thereof, of the distance the VUA abuts the adjacent property. Trees
may be clustered but shall be no more than seventy-five (75) feet
apart.
(3) A buffer wall between incompatible land uses as required by Section
24-187, (7), if applicable.
(4) If an alley separates the VUA from the abutting property, the
perimeter landscaping requirements shall still apply.
(c) Existing landscape screen: If an existing landscape screen has been
established on abutting property, then it may be used to satisfy the
requirements of this section, so long as the existing landscape screen is
abutting the common property line, and it meets all applicable standards of
this section.
(d) Driveways to streets: The maximum width of any driveway not containing a
landscaped island through the perimeter landscape area shall be thirty-six
(36) feet. The maximum width of any driveway containing a landscaped
island through the perimeter landscape area shall be forty-eight (48) feet and
the driveway shall contain a landscaped island which measures not less than
eight (8) feet in width (from back of curb to back of curb), surrounded by a
six (6) inch continuous raised curb, or other alternative approved by the
Director. In no event shall more than 50 percent of any street frontage be
paved, nor shall the provisions of this section be applied to reduce the
permitted driveway width to less than twenty-four (24) feet.
(e) Driveways to adjoining lots: Driveways may be permitted by the Director to
adjoining lots of compatible use.
(f) If a joint driveway easement is provided between adjacent property, then the
required perimeter landscaping for each property shall be provided between
the drive and any other vehicular use areas.
5. Buffer standards relating to uncomplimentary land uses and zones.
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(a) Where uncomplimentary land uses or zoning districts are adjacent, without
an intervening street, a buffer strip shall be required between the uses or
zoning districts. Said buffer strip shall be at least ten (10) feet in width the
entire length of all such common boundaries. The following shall constitute
uncomplimentary uses and zoning districts.
(1) Multiple-family dwelling use or zoning districts three (3) or more
attached units when adjacent to single-family dwelling(s) or lands
zoned for single-family dwelling.
(2) Office use or zoning districts, when adjacent to single-family or
multiple-family dwellings, mobile home parks or subdivisions or lands
zoned for single-family or multiple-family dwellings, mobile home
parks or subdivisions.
(3) Mobile home park use or zoning districts, when adjacent to single-
family dwellings, multiple-family dwellings and office uses, or lands
zoned for single-family dwellings, multiple-family dwellings or offices.
(4) Commercial and institutional uses or zoning districts, when adjacent
to single-family dwellings, multiple-family dwellings or mobile home
parks or mobile home subdivision uses or lands zoned for single-
family dwellings, multiple-family dwellings or mobile home parks or
mobile home subdivision.
(5) Industrial uses or zoning districts, when adjacent to any nonindustrial
uses or zoning districts other than agricultural land uses or zoning
districts.
(b) Buffer material requirements shall be as follows:
(1) Trees. The total tree count required within the buffer strip shall be
one (1) tree for each twenty-five (25) linear feet of required buffer
strip, or majority portion thereof.
(2) Ground cover. Grass or other ground cover shall be planted on all
areas of the buffer strip.
(3) Visual Screen. A visual screen running the entire length of common
boundaries shall be installed within the buffer strip, except at
permitted access ways. The visual screen may be a wood or masonry
wall, landscaping, earth mounds or combination thereof. Earth
mounds shall not exceed a slope of 3 to 1 (3:1). If a visual screen,
which satisfies all applicable standards, exists on adjacent property
abutting the property line or exists between the proposed development
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on the site and the common property line, then it may be used to satisfy the visual screen
requirements.
(4) Prevailing requirement. Whenever parcels of land fall subject to both
the perimeter landscaping requirements and the uncomplimentary
land use buffer strip requirements of the article, the latter
requirements shall prevail.
(5) Hardship. If the Director determines that the construction of a
landscape buffer area required by this article would create a hardship
for the existing structures or vehicular use areas, the Director may
approve a buffer area with a width no less than five (5) feet, provided
such buffer area meets the visual screening requirements of this
article.
(c) The Buffer strip shall not be used for principle or accessory uses and
structures, vehicular use areas, dumpster pads, signs, equipment, storage.
Slopes within buffer strips shall not exceed four to one (4:1).
6. Landscape design standards
(a) Minimum tree requirements shall comply with Section 23-18(3).
(b) A minimum of fifty (50) percent of all required trees shall be shade trees.
(c) Trees required for vehicular use area landscaping may be used to fulfill the
tree requirements of this section.
(d) Standards for landscape materials.
(1) Plants and trees shall meet the criteria of Chapter 23, section 23.18, 5,
(b), (1).
(2) Fifty percent of the trees can be non-shade trees or trees with a
mature canopy of fifteen (15) feet, a minimum of two (2) inch caliper
and a minimum of ten (10) feet overall height. Trees shall not be
planted closer than two (2) feet from any pavement edge or right-of-
way line, as measured from center of trunk. Shade trees shall not be
planted closer than four(4) feet from any pavement edge or right-of-
way line, as measured from center of trunk.
(3) Palms may be substituted for the required trees at the ratio of two (2)
palms for each required tree or four(4) palms for each required shade
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tree. Palms shall be a minimum clear trunk height of eight (8) feet,
measured from the ground level to the base of the palm.
(4) Criteria for shrubs, vines and ground covers: Hedges and shrubs used
to form an opaque screen shall be no less than three (3) gallon
container grown material or equivalent balled and burlap material.
(5) Lawns: Lawn grass may be sodded, plugged, sprigged or seeded,
except that solid sod shall be used on grass areas within street rights-
of-way disturbed by construction, in swales, on slopes of four to one
(4:1) or greater, and on other areas subject to erosion. When
permanent seed is sown during its dormant season, an annual winter
grass shall also be sown for immediate effect and protection until
permanent coverage is achieved.
(6) Mulch: A minimum two (2) inch layer of organic mulch, such as
wood bark, dead leaves and pine straw, shall be applied and
maintained in all tree, shrub, ground cover planting areas and bare
preserved natural areas.
(7) General clean up: At the completion of work, construction trash and
debris shall be removed and disturbed areas shall be fine-graded and
landscaped with shrubs, groundcover, grass or two (2) inches of
mulch.
7. Maintenance and protection of landscaping.
(a) Maintenance. The property owner shall be responsible for the maintenance
of all landscaped areas, which shall be maintained in good condition so as to
present a healthy, neat and orderly appearance, free of refuse, debris and
weeds. Failure to maintain required landscaped areas or to replace, within a
reasonable period of time, required landscaping which is dead, irreparably
damaged, or fails to meed the standards of this part, shall be deemed a
violation of the Zoning Code.
(b) Irrigation. To maintain the landscaping in a healthy condition, all
landscaped areas shall be provided with an automatic irrigation system.
(c) Tree pruning. Required trees shall be allowed to develop into their natural
habit of growth. Trees may be pruned to maintain health and vigor by
removal of dead, weak, damaged or crowded limbs, diseased and insect
infested limbs, and branches which rub other branches.
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8. Intersection visibility. Where an accessway intersects with another accessway within a
vehicular use area, where an accessway is located within a vehicular use area, or where an
accessway intersects with a street right-of-way, cross visibility within the triangular areas
described below shall be unobstructed at a level between two (2) and eight (8) feet, above
elevation of adjacent pavement.
SECTION 2. Severability. If any section, sentence, clause, word, or phrase of this
Ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then said
holding shall in no way affect the validity of the remaining portions of this Ordinance.
SECTION 3. This Ordinance shall become effective immediately upon final passage.
PASSED BY THE CITY COMMISSION ON FIRST READING: NOVEMBER 27 , 1995
PASSED BY THE CITY COMMISSION ON SECOND READING: DECEMBER 11 , 1995
man Fletcher, Mayor
Attest:
74A_A-ftf)14A1
Maureen King, City Jerk J
Approved as to Form and Correctness:
Nee-
'ran C. JenfEsquire
City Attorn•
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