§ 138-3651. Application of landscape regulations and required maintenance.

(a)

All new landscaping, tree protection actions, conservation, and plant/tree maintenance shall be provided in accordance to this division. The following exceptions apply:

(1)

When the use/development is located within a special district and separate landscaping and/or conservation standards are established therein, the use/development shall comply with the requirements specified in that district; AND/OR

(2)

When the use/development is subject to any specific use standard of chapter 138, article IX, and additional landscaping and conservation requirements are established, the stricter standard shall apply; AND/OR

(3)

When the property is in or is experiencing a state of emergency such as flooding, fire, tornado, and/or hurricanes AND the plant material creates a safety hazard.

(b)

Change in use with no site improvements. Sites that experience a change in land use (example retail to restaurant) shall provide landscaping consistent with the following:

(1)

When the change of use includes a building permit, the site shall be enhanced to include landscaping improvements consistent with the non-conforming provisions of chapter 138, article II, division 6. This standard shall require limited landscaping improvements based on a proportional value of the building improvement; AND

(2)

The site shall be required to demonstrate the property contains the landscaping material consistent with any previously-approved development plans.

a.

If the existing site has less landscaping material than what was originally approved, the plant material shall be replaced with the same or similar species prior to certificate of occupancy.

b.

If there is no previously-approved site plan OR the county is unable to produce/locate the previously-approved site plan, this subsection does not apply.

(c)

Existing development. Existing development not meeting the requirements contained in this section shall be brought into compliance under one of the following conditions:

(1)

Any portions of the site that are developed/redeveloped shall be constructed to comply with the provision of this division;

(2)

Other portions of the site shall be enhanced to include proportional landscaping improvements consistent with the non-conforming provisions of chapter 138, article II, division 6 based on building improvements. This standard shall require limited landscaping improvements based on a proportional value of the building improvement;

(3)

The site shall be required to demonstrate the property contains the landscaping material consistent with any previously-approved development plans.

a.

If the existing site has less landscaping material than what was originally approved, the plant material shall be replaced with the same or similar species prior to certificate of occupancy.

b.

If there is no previously-approved site plan OR the county is unable to produce/locate the previously-approved site plan, this subsection does not apply.

(d)

Development. Any development on a vacant site or complete redevelopment on developed property shall be required to provide landscaping, tree protection, and wetland buffers in accordance with this division. Infill or highly constrained sites may seek the administrative adjustment or variance procedures to modify landscape requirements.

(e)

Landscaping installation. Whenever landscape materials are required by this division, they shall be installed and maintained in accordance with the standards and requirements of this division. All landscaping installed or preserved to meet the requirements of this division shall be maintained in a healthy condition. Installed or preserved landscaping which dies after the development has been completed shall be replaced to meet the requirements of this division within 30 days.

(f)

Property landscaping, tree and buffer maintenance. All landscaping, trees, and buffers shall be maintained in good condition by the owner, tenant or their agent, so as to present a healthy, neat and orderly appearance.

No mangrove plant or tree shall be removed unless permitted by the county. All trimming and maintenance of mangroves is subject to the requirements of F.S. § 403.9321 through 403.9333.

(g)

Variances. The use/development may seek flexibility from these landscaping, tree protection, and wetland buffer standards as a variance or administrative adjustment based on the limits and standards of chapter 138, article II, division 7.

(Ord. No. 18-36 , § 3(Att. B), 10-23-18)