§ 72-284. Landscaping requirements.

The purpose and intent of this section is to encourage the preservation of existing trees and vegetation; to identify landscape standards and plant classifications; to reduce radiant heat from surfaces and conserve energy; to provide shade; to reduce wind and air turbulence; to minimize potential nuisances such as the transmission of noise, dust, odor, litter and glare of automobile headlights; to provide visual buffering and for the separation of spaces; to enhance the beautification of the county; to reduce the amount of impervious surface and stormwater runoff; to safeguard and enhance property values and protect public and private investment; and to protect the public health, safety and general welfare.

The following regulations shall apply where landscaped buffer or off-street parking areas are required:

(1)

All plant materials shall be Florida No. 1 grade, or better, according to the current "Grades and Standards for Nursery Plants," State of Florida, Department of Agriculture, Tallahassee, except where in the discretion of the zoning enforcement official the existing native vegetation is adequate to provide the necessary visual screening. Existing upland native vegetation shall be incorporated, where appropriate, into off-street parking areas and landscape buffers of a proposed development.

a.

Trees. Tree species shall be a minimum of 1½-inch caliper and six feet in overall height immediately after planting. Trees required along county thoroughfares shall be a minimum of two-inch caliper and eight feet in overall height, and planted along a line ten feet back from the right-of-way line. Palms shall constitute no more than 25 percent of the required trees and shall have a minimum of six feet of clear wood at planting. Trees shall be selected from the "plant material list" available from the growth and resource management department.

b.

Shrubs and hedges. Shrubs and hedges shall be a minimum of two feet in height, immediately after planting. Dependent upon the species selected, plants shall be spaced a minimum of two feet apart with a maximum separation of six feet measured from center to center. Hedges, where required, shall be planted and maintained so as to form a continuous, unbroken, solid, visual screen within a maximum of one year after time of planting. Fifty percent of the shrubs and hedges planted shall be of a drought tolerance variety as recommended by the county plant material list.

c.

Ground covers. Ground covers may include any plant materials that reach an average height of not more than 12 inches. They may be used in lieu of grass. Ground covers must present a finished appearance and provide reasonably complete coverage at time of planting.

d.

Lawn grass. Grassed areas shall be planted with any species of grass common to central Florida. They may be sodded, plugged, sprigged or seeded; except that sod is required in swales or other areas subject to soil erosion. Unless sod or grass seed is used, nursegrass seed shall be sown for immediate effect and protection until coverage is otherwise achieved. Grass sod shall be clean and shall be reasonably free of weeds, noxious pests or diseases.

(2)

Landscaped buffer area. Where a landscaped buffer area is required, the following regulations shall apply:

a.

A landscaped buffer area complying with the requirements of the landscape buffer table (Table I), shall be established along the entire length of, and contiguous to, any property line. The width of the area shall be determined from the landscape buffer requirements Table I, but shall be not less than ten feet in width measured at right angles to the property line and landscaped with any combination of the plant materials described in subsection (1). No public or private right-of-way, building, or impervious surface other than a sign, an entrance or driveway which traverses the landscape buffer shall be located in said buffer area. A plant material list established by the growth and resource management department may be obtained from that agency. If a parcel is located in a thoroughfare overlay zone listed in section 72-297(b), then the front buffer area shall meet the requirements of section 72-297. A driveway or entranceway shall not be considered part of the landscape buffer for the purpose of calculating the required amount of plant material.

b.

The landscaped buffer area shall contain existing native vegetation, which is not dependent on irrigation because of the possibility of water use restrictions which could adversely affect the survival of introduced or exotic plant species. At least 50 percent of all required landscape materials shall be of a native species as recommended by the county plant material list.

c.

Existing trees which are situated within the required buffer can be used to satisfy the perimeter tree requirement. Planted trees do not have to be equally spaced, but may be grouped.

d.

If plant materials are used for screening, they shall be selected and located to provide, within two years, a visual barrier that is three feet to six feet above the ground level of the buffer area.

e.

Except as provided in subsection 72-282(2), if a wall or fence is used for screening, it shall be six feet high. When a brick or masonry wall or wooden fence is used, existing vegetation should be retained, or at least one tree shall be planted abutting the screen for each 40 feet and one shrub shall be planted for each ten feet, but not necessarily evenly spaced. Such trees and shrubs shall be planted along the exterior side of the screen. In lieu of the tree or shrubbery requirements, the zoning enforcement official shall be authorized to approve a masonry wall having a significant design variation (i.e., columns, offsets, varying heights) evenly spaced at intervals of not more than 20 feet.

f.

A minimum of 50 percent of the required landscape buffer shall remain at natural grade or 6:1 slope, while the remaining buffer area shall not exceed a 4:1 slope. No stormwater areas shall be permitted within any buffer area, unless approved by the zoning enforcement official.

g.

Utility easements are prohibited from encroaching into any required landscape buffer area.

h.

Where a recorded subdivision consisting of 20 lots or more abuts a street right-of-way, the required landscape buffer area shall be platted as a separate tract of land, or as an easement maintained by the homeowners association to ensure adequate maintenance of the buffer.

i.

The zoning enforcement official may waive or modify the requirements in this section, if literal interpretation of this section creates a hardship.

TABLE I
LANDSCAPE BUFFER REQUIREMENTS

A.	When the Following Zoning Classifications	B.	Adjoining the Following Zoning Classifications	C.	A Minimum Landscape Buffer Area of This Width Is Required	D.	Which Will Contain the Following Required Landscape Material
							I.	Perimeter Boundary Trees
							II.	Visual Screen
1a.	I-1 through I-4 or IPUD	1b.	RA, RR, R-1 through R-9, or RPUD, MPUD (residential area) and MH-1 through MH-8, except MH-3	1c.	30 feet adjacent to all common boundaries except street frontage	1d.	I.	4 group A/4 group B/27 Group C or D per 100 linear feet, OFT*
							II.	A continuous 6-foot-high visual screen of landscape planting hedge from group C and D of plant list, a brick or masonry wall, wooden fence**, or landscaped earth berm, or combination of the preceding
2a.	I-1 through I-4 or IPUD	2b.	B-1 through B-9 or BPUD or MPUD (commercial areas)	2c.	10 feet adjacent to all common boundaries except street frontage	2d.	Same as 1d
3a.	I-1 through I-4 or IPUD	3b.	C, P, A-1 through A-4, MH-3, FR and RC	3c.	10 feet adjacent to all common boundaries except street frontage	3d.	I.	4 group A/4 group B/27 group C or D per 100 linear feet, OFT*
							II.	Same as 1d(II)
4a.	I-1 through I-4 or IPUD	4b.	I-1 through I-4 or IPUD	4c.	5 feet adjacent to all common boundaries, except street frontage	4d.	I.	6 group B/18 group C or D per 100 linear feet, OFT*
							II.	Screening requirements optional, see 1d(II)
5a.	B-1 through B-9, BPUD, MPUD (commercial area) and AP	5b.	RA, RR, R-1 through R-9, or RPUD	5c.	30 feet adjacent to all common boundaries except street frontage	5d.	I.	4 group A/4 group B/27 group C or D per 100 linear feet, OFT*
							II.	A continuous 6-foot-high screen of landscape planting hedge from groups C and D; a brick or masonry wall, wooden fence**, or landscaped earth berm.
6a.	B-1 through B-9, BPUD, MPUD (commercial area) and AP	6b.	MH-1 through MH-8, except MH-3	6c.	30 feet adjacent to all common boundaries except street frontage	6d.	Same as 5d
7a.	B-1 through B-9, or BPUD, MPUD (commercial area) and AP	7b.	B-1 through B-9 or BPUD, MPUD (commercial area) and AP	7c.	10 feet adjacent to all common boundaries except street frontage	7d.	I.	6 group B/18 group C or D per 100 linear feet, OFT*
							II.	Screening requirements optional, see 5d(II)
8a.	B-1 through B-9 or BPUD and AP	8b.	I-1 through I-4 or IPUD	8c.	Same as 9c	8d.	Same as 9d
9a.	B-1 through B-9 or BPUD, MPUD (commercial area) and AP	9b.	C, P, A-1 through A-4, MH-3, FR and RC	9c.	10 feet adjacent to all common boundaries except street frontage	9d.	I.	6 group B/18 group C or D per 100 linear feet, OFT*
							II.	Same as 5d(II)
10a.	MH-1, MH-2, and MH-7	10b.	RA, RR, R-1 through R-9, MH-1, MH-2, MH-5, MH-6 and MH-7 or RPUD, MPUD (residential area) (Ord. No. 94-4, § LXIII, 5-5-94)	10c.	MH-1, MH-2 and MH-7 project sizes 10 acres and above/15 feet adjacent to all common boundaries including street frontage	10d.	I.	4 group A/4 group B/27 group C or D per 100 linear feet, OFT*
							II.	A continuous 6-foot-high visual screen of landscape planting hedge from group C or D, a brick or masonry wall, wooden fence** or landscaped earth berm will be required
11a.	MH-1, MH-2, and MH-7	11b.	I-1 through I-4 or IPUD	11c.	Same as 10c	11d.	Same as 10d
12a.	MH-1, MH-2, and MH-7	12b.	B-1 through B-9, BPUD, and MPUD (commercial area)	12c.	Same as 10c	12d.	Same as 10d
13a.	MH-1, MH-2, and MH-7	13b.	C, P, A-1 through A-4, MH-3, MH-4, MH-8 and FR and RC	13c.	Same as 9c	13d.	I.	6 group B/18 group C or D per 100 linear feet, OFT*
							II.	Screening requirements optional see 10d(II)
14a.	MH-3, MH-4, MH-5, MH-6, and MH-8	14b.	RA, RR, R-1 through R-9, RPUD and MPUD(residential area)	14c.	15 feet adjacent to all common boundaries including street frontage	14d.	Same as 10d
15a.	MH-3, MH-4, MH-5, MH-6, and MH-8	15b.	B-1 through B-9 and BPUD, MPUD (commercial area)	15c.	Same as 14c	15d.	Same as 10d
16a.	R-6 with special exception for Multifamily, R-7, R-8, RPUD and MPUD (residential area)	16b.	C, P, A-1 through A-4, MH-3, FR, and RC (Ord. No. 92-6, § XLVIII, 6-4-92; Ord. No. 94-4, § LXIII, 5-5-94)	16c.	15 feet adjacent to all common boundaries excluding street frontage	16d.	I.	4 group A/4 group B/27 group C or D per 100 linear feet, OFT*
							II.	Screening requirements optional, see 10d(II)
17a.	R-6 with special exception for Multifamily, R-7, R-8, RPUD, and MPUD (residential area)	17b.	RA, RR, R-1 through R-5, and R-9	17c.	15 feet adjacent to all common boundaries excluding street frontage	17d.	I.	4 group A/4 group B/27 group C or D per 100 linear feet, OFT*
							II.	A continuous 6-foot-high visual screen of landscape plant hedge from group C or D, a brick or masonry wall, wooden fence** or landscaped earth berm
18a.	R-6 with special exception for Multifamily, R-7, R-8, RPUD, and MPUD (residential area)	18b.	R-6, R-7, R-8, and RPUD and MPUD (residential area)	18c.	Same as 16c	18d.	Same as 16d
19a.	R-6 with special exception for Multifamily, R-7, R-8, RPUD and MPUD (residential area)	19b.	I-1 through I-4 or IPUD	19c.	15 feet adjacent to all common boundaries excluding street frontage	19d.	I.	6 group B/18 group C or D per 100 linear feet, OFT*
							II.	If no visual screen existing on the adjoining industrial lot, then a continuous 6-foot-high visual screen of landscape plant hedge from group C and D, a brick or masonry wall, wooden fence** or landscaped earth berm
20a.	R-6 with special exception for Multifamily, R-7, R-8, RPUD and MPUD (residential area)	20b.	B-1 through B-9 or BPUD, MPUD (commercial area)	20c.	Same as 19c	20d.	Same as 19d
21a.	All classifications except C, A-1 through A-2, FR and RC	21b.	Thoroughfare road right-of-ways as identified in the Volusia County Comprehensive Plan	21c.	20 feet adjacent to road right-of-way	21d.	Preserve existing vegetation or perimeter tree planting 4 group A/4 group B/27 group C or D per 100 linear feet, OFT*
22a.	All public uses in all zoning classifications and houses of worship in all residential, FR and agricultural zoning classifications	22b.	All zoning classifications	22c.	20 feet adjacent to all common boundaries including street frontage	22d.	I.	4 group A/4 group B/27 group C or D 100 per linear feet, OFT*
							II.	Screening requirements, same as 28d(II)
23a.	I-1 through I-4, IPUD, B-1 through B-9, BPUD and AP. All residential projects classified as A-3, A-4, RA, RR, R-1 through R-9 or RPUD and MH-1 through MH-8, except MH-3	23b.	Non-thoroughfare rights-of-way	23c.	15 feet adjacent to road right-of-way	23d.	Same as 21d
24a.	All classifications except C, P, and A-1 through A-4	24b.	A river, canal, lake, ocean or Tomoka Basin	24c.	Designated bulkhead lines, mean high-water marks, 100-year floodplain boundaries and department of environmental protection designated areas shall represent adequate area to fulfill the buffer yard area requirement	24d.	Preserve existing vegetation or perimeter tree planting (1 tree/25 feet) from group A of plant list
25a.	All classifications except C, P, I-1 through I-4, and A-1 through A-4	25b.	Railroad rights-of-way	25c.	Same as 21c, adjacent to railroad rights-of-way	25d.	Same as 24d
26a.	All residential projects classified as RA, RR, R-1 through R-9 or RPUD and MH-1 through MH-8, except MH-3	26b.	I-1 through I-4 or IPUD	26c.	15 feet adjacent to all common boundaries excluding street frontage	26d.	I.	4 group A/4 group B/27 group C or D per 100 linear feet, OFT*
							II.	A continuous 6-foot-high visual screen of landscape planting hedge from groups C and D of plant list, a brick or masonry wall, wooden fence**, or landscape earth berm, or combination of the preceding
27a.	When the following special exceptions: air curtain incinerators, construction and demolition debris disposal facility, materials recovery facility, recovered materials facility or off-site disposal of land clearing debris facility, solid waste transfer station, junkyards, landfills, utility uses and services, excavations, adjoin any property boundary including street rights-of-way	27b.	All zoning classifications	27c.	50 feet adjacent to all boundaries	27d.	I.	4 group A/4 group B/27 group C or D per 100 linear feet, OFT*
							II.	A 6-foot-high chain link fence, landscaped earth berm, a brick or masonry wall or wooden fence** or combination of the preceding with at least 1 shrub for each 3 feet of lineal wall shall be planted on the exterior side of the fence, unless existing vegetation serves as adequate screening with the required buffer
† Editor's note— Ord. No. 92-6, § XLVIII, changed "10 feet" to "40 feet"; Ord. No. 94-4 had "10 feet" for this entry.
28a.	When the following special exceptions: day care center, cemeteries, schools, parochial or private; nursing homes, boarding house, group homes, home occupations class B	28b.	RA, RR, R-1 through R-9, or RPUD	28c.	15 feet adjacent to all common boundaries including street frontage	28d.	I.	6 group B/18 group C or D per 100 linear feet, OFT*
							II.	A continuous 6-foot-high screen of landscape planting hedge from groups C and D; a brick or masonry wall, wooden fence**, landscaped earth berm
29a.	When the following special exceptions: day care center, house of worship, cemeteries, public uses; schools, parochial or private; nursing homes, boarding house, group homes, home occupations class B	29b.	MH-1 through MH-8, except MH-3	29c.	15 feet adjacent to all common boundaries excluding street frontage	29d.	Same as 28d
30a.	When the following special exceptions: day care center, house of worship, cemeteries, schools, parochial or private; nursing homes, boarding house, group homes, home occupations class B	30b.	B-1 through B-9 or BPUD	30c.	10 feet adjacent to all common boundaries excluding street frontage	30d.	I.	6 group B/18 group C or D per 100 linear feet, OFT*
							II.	Screening requirements optional, see 28d(II)
31a.	When the following special exceptions: day care center, house of worship, cemeteries, schools, parochial or private; nursing homes, boarding house, group homes, home occupations class B	31b.	C, A-1 through A-4, MH-3	31c.	10 feet adjacent to all common boundaries excluding street frontage	31d.	I.	6 group B/18 group C or D per 100 linear feet, OFT*
							II.	Screening requirements optional, see 28d(II)
34a.	[Formerly item 32a; repealed by Ord. No. 94-4, 5-5-94]	34b.	[Formerly item 32b; repealed by Ord. No. 94-4, 5-5-94]	34c.	[Formerly item 32c; repealed by Ord. No. 94-4, 5-5-94]	34d.	[Formerly item 32d; repealed by Ord. No. 94-4, 5-5-94]
35a.	[Repealed by Ord. No. 92-6, § XLVIII, 6-4-92; formerly item 33a]	35b.	[Repealed by Ord. No. 92-6, § XLVIII, 6-4-92; formerly item 33a]	35c.	[Repealed by Ord. No. 92-6, § XLVIII, 6-4-92; formerly item 33a]	35d.	I.	[Repealed by Ord. No. 92-6, § XLVIII, 6-4-92; formerly item 33a]
*OFT means "or fraction thereof". Trees do not have to be equally spaced, but may be grouped.
**Wood fences shall meet the following requirements:
Minimum ½″ thick pressure treated boards
Minimum 3 - 2″ × 4″ pressure treated horizontal stringers
Minimum 4″ × 4″ thick pressure treated support posts at 8′ maximum spacing
Note: Alternate fence materials may be used with approval of zoning enforcement official.

 

(3)

Landscaping of off-street parking areas.

a.

Required vehicular use areas having off-street parking spaces for more than eight vehicles shall have interior landscaped areas, excluding any required landscaped buffer areas. A minimum of 35 square feet of landscaping for each parking space shall be provided within the interior of an off-street parking area. A portion of the interior landscaped area shall be located at the ends of each row of interior parking spaces not abutting the perimeter of the parking area. Interior landscaped areas shall be dispersed within rows of contiguous parking spaces so that there is at least one interior landscape area for every 15 parking spaces or major portion thereof within the row. Landscaped row ends shall have a minimum area of 175 square feet with no width less than ten feet measured inside of curb and no length less than 17.5 feet if it abuts one parking space, or 35 feet if it abuts two parking spaces. Interior landscaped areas, other than those at row ends, shall have a minimum area of 100 square feet with no dimension less than ten feet measured inside of curb. The interior landscaped areas need not be placed directly opposite each other when in abutting parking rows. Two feet of these landscaped areas may be part of the required depth of each abutting parking space, provided curbs are used to protect them.

b.

Continuous nonmountable six-inch high reinforced concrete curbing shall be designed to standard specifications and installed along the edge of all landscape areas adjacent to vehicular use areas.

c.

Each landscaped area shall include at least one tree. The remaining area shall be landscaped with shrubs which are less than four feet high at maturity. Grass, ground cover, or other materials, such as stone, gravel or mulch may be used with the shrubs.

d.

Where the strict application of this subsection will seriously limit the function of the parking area, the required landscaping may be located near the perimeter of the paved area.

(4)

Irrigation system plan.

a.

A workable underground irrigation system shall be installed in any area required to be landscaped. An irrigation plan shall be submitted which specifies sprinkler head type, pipe size, radius of throw, valve and backflow preventer location, location of well or source of water and other relevant information for an irrigation system. If an automatic sprinkler system is used, a rain sensor device or switch that will override the irrigation cycle when adequate rainfall has been accrued shall be installed as required by F.S. § 373.62. The zoning enforcement official may waive the automatic irrigation system, in lieu of an acceptable alternative, such as the use of low-volume drip emitter, porous pipe or similar means in the interest of conserving the public's diminishing water resources based on the review of the landscape plan.

b.

The irrigation system shall be fully operational and shall be operated on a regular basis. In situations where drought-resistant plant materials have not been properly maintained primarily due to lack of sufficient watering, the zoning enforcement official may require the installation of a permanent irrigation system or other irrigation methods meeting the specifications of this section. Compliance with the standards of the Volusia County Water Wise Ordinance, as amended, is required.

c.

Where an effluent re-use system is available to serve the premises, and sufficient capacity exists, then reclaimed water from said system shall be used to irrigate any area required to be landscaped in lieu of using potable water.

(5)

Landscape plan. When landscaped areas are required by this article, a landscape plan shall be submitted. The plan shall indicate the type, size, quantity and location of plant materials. The plan shall be reviewed by the growth and resource management department, and no building permit shall be issued for any structure until the plan is approved. Any person aggrieved by a determination of the zoning enforcement official under this section may appeal that determination as provided in section 72-378.

(6)

Maintenance. Where landscaped areas are required by this article, the owner, tenant or agent, of said entity will be responsible for maintenance of all required landscape and irrigation improvements as originally approved.

Landscape areas and site improvements shall be maintained in good condition for a healthy, neat and orderly appearance and shall be kept free from weeds and debris. All plant materials shall be maintained in a healthy and vigorous condition through proper irrigation, fertilization, pruning, weeding, mowing, and other standard horticultural practices. Plant material should grow to their normal shape, color and height, to fulfill the required functions of screening, shading, buffering and aesthetic appeal. The hatracking of trees is prohibited. All dead plants shall be replaced. This requirement includes, but is not limited to, the replacement of plants damaged by insects, diseases, vehicular traffic, acts of God and vandalism. The county shall notify the property owner in writing of any maintenance violations.

(7)

Use of drought-resistant plants. All new or replacement plantings required for any off-street parking area or landscape buffer shall use, to the fullest extent possible, native plant material or other species with equivalent drought-resistant properties. Salt tolerant plants and trees as identified on the plant material list are encouraged to be used on-sites east of the intra-coastal waterway. It is the intent of this requirement to promote the conservation of the county's water resources to be consistent with xeriscape principles of F.S. § 125.568.

(8)

Solid waste containers.

a.

All solid waste containers, except approved recycling containers, shall be enclosed on at least three sides with a six-foot high screen, and include an access gate. The screen shall consist of a wood or cyclone slat fence or masonry wall. The zoning enforcement official may require that a hedge or similar landscaping material abut the enclosure walls.

b.

The container shall be enclosed in such a manner so that said container will be screened from public streets and adjoining properties. A concrete or asphalt pad of appropriate size and construction shall be provided as a base for the container. The container pad shall be at the approximate level of the service vehicle approach area so that the truck's loading mechanism can align with the container's sleeves.

c.

The screened enclosure shall not be located within any street right-of-way or required yard area. Containers and enclosures shall be located so as to allow ease of access for collection trucks and direct access to drive areas. Straight-in or circular drives are encourage to reduce truck maneuvering problems. No parking or other obstructions shall be permitted in the access area for enclosures.

Editor's note— Prior to its reenactment by § 59 of Ord. No. 90-24, adopted Sept. 27, 1990, subsection 808.07, "Guarantee of Installation of Improvements," was repealed by Ord. No. 88-2, § IX, adopted Jan. 19, 1988.

(9)

Overhead electrical utilities. If the buffer area contains or will contain overhead electrical wires, or if existing or proposed overhead electrical wires are within 30 feet of the buffer area, tree selection shall be limited to those trees that will not, at mature height, conflict with overhead utilities. Large trees (height at maturity of > 30 feet) shall be planted no closer than a horizontal distance of 30 feet from the nearest existing or proposed overhead conductor. Medium trees (height at maturity between 20 and 30 feet) shall be offset at least 20 feet and small trees (height at maturity of < 20 feet) require no offset. Palms shall be planted no closer than a horizontal distance equal to the average mature frond length plus two feet from the nearest existing or proposed conductor. Climbing vines shall not be planted adjacent to utility poles, transformers, or guy wires. Plantings near padmount transformers shall not restrict access to, or the maintenance of, the transformer.

(Ord. No. 81-39, § XL, 11-19-81; Ord. No. 84-1, § 6, 3-8-84; Ord. No. 85-24, §§ XIV, XV, 10-10-85; Ord. No. 86-16, §§ XVII—XIX, 10-23-86; Ord. No. 87-14, §§ XI—XIV, 6-18-87; Ord. No. 89-20, §§ XXVI—XXVIII, 6-20-89; Ord. No. 90-34, §§ 54—60, 9-27-90; Ord. No. 91-11, § XIV, 5-16-91; Ord. No. 92-6, § XLIX, 6-4-92; Ord. No. 94-4, §§ LXII, LIX—LXI, LXIV, LXV, 5-5-94; Ord. No. 98-25, §§ XIX—XXIV, 12-17-98; Ord. No. 2004-20, § V, 12-16-04; Ord. No. 2005-02, § III, 4-21-05; Ord. No. 2008-25, § II, 12-4-08; Ord. No. 2013-08, § III, 5-2-13; Ord. No. 2018-05, § XXIV, 1-18-18)