§ 24-3. Commercial site plan review—Applicability; certificates of occupancy; maintenance; penalties; deviations.

(a)   

Applicability. The provisions of this chapter shall apply to the development of all real property including all structures, whether temporary or permanent, in unincorporated Orange County that is subject to commercial site plan review (chapter 30), unless otherwise found exempt by this chapter. Landscape requirements for preliminary subdivision plans (PSP) are included at section 34-131 of this Code.

(b)

Landscape plan submittal requirements. Construction requiring site plan review shall not be permitted until a landscape plan consistent with this Code has been submitted to and approved by the zoning manager. Landscape plans for projects totaling more than one-half (½) acre in size shall be prepared, signed and sealed by a registered landscape architect. Landscape plans for projects of one-half (½) acre in size or less shall be prepared and submitted by a registered landscape architect or other qualified professional. The landscape plans shall be drawn to a scale of one (1) inch equals ten (10) feet, one (1) inch equals twenty (20) feet, or one (1) inch equals thirty (30) feet. The following information shall be shown on the landscape plan or attached thereto:

(1)

Notation of all elements required per chapter 24 and other special requirements and/or approved conditions placed on the applicant, project or property by the board of zoning adjustment, planning and zoning commission, development review committee or board of county commissioners;

(2)

The "limit of work" line for the subject project to include any adjacent property trees located up to ten (10) feet beyond the property line;

(3)

All overhead utility lines, transformers, easements, and underground utilities, including septic tank drainfields, sidewalks located within the project, and ground or pole signs as defined in chapter 31;

(4)

All existing and proposed light poles, fire hydrants, and backflow prevention devices;

(5)

Building finished floor elevation(s) and building overhang(s);

(6)

Proposed site grading, including spot elevations, and contour lines at one-foot intervals;

(7)

Healthy and viable existing on-site trees and shrubs of a Code-acceptable size, species and location that are intended to be preserved and applied toward the requirements of this chapter. Details of the protective barriers and/or other protective measures to be used for said preservation shall be provided;

(8)

Notes indicating that all existing invasive exotic plants, as listed on the Florida Exotic Pest Plant Council's Invasive Plant Species List, shall be removed (any disturbance of a wetland area requires compliance with chapter 15 of this Code and review by the county's environmental protection division); and

(9)

A plant schedule which describes the following:

a.

All proposed landscape materials, including the specifications as to the species, size, spacing, opacity, and quantity of plant materials; and

b.

Where required, calculations demonstrating that the required ratio of high, medium, or low water use plant material, as more fully described in section 24-6 of this Code, has been achieved in the proposed plan; and

c.

In all cases, a certification from the landscape architect or other qualified professional, whichever is appropriate, that the landscape plan is designed in accordance with this Code.

(c)

Exemptions. The redevelopment, reconfiguration, expansion or change of use of a previously developed site requiring site plan review must comply with all elements of this chapter, unless any of the following exemptions apply:

(1)

The provisions of this Code shall not apply to any property, structure or building for which a building permit has been issued by the county building official, a complete application for a building permit has been submitted to the county building department, a complete application for a development plan or preliminary subdivision plan has been submitted to the county, prior to December 31, 1992.

(2)

Existing development of five thousand (5,000) square feet or less if the expansion is less than fifteen hundred (1,500) square feet.

(3)

Existing development greater than five thousand (5,000) square feet if the expansion is less than twenty (20) percent of the existing gross floor area on the parcel or lot, and not in excess of five thousand (5,000) square feet.

(d)

Aggregated.

(1)

Expansions exempt via (c)(2) or (3) shall be aggregated over the five-year period following the issuance of a building permit. If at any time during that five-year period additional permit(s) for expansion exceed that allowed by exemptions in (c)(2) or (3), the permit for construction that exceeds the exempted amount shall require full compliance with this chapter.

(2)

The exemptions provided for in (c)(2) and (3) do not apply to new vehicular use areas that may be associated with the exempt development.

(e)

Final approval and acceptance. No final certificate of occupancy/completion shall be given or issued to the owner or his/her agent until all conditions of this chapter have been met and the zoning division has granted final approval and acceptance of the finished landscape product. Final approval shall include either a landscape inspection conducted by the zoning division or as-built certification from a landscape architect or other qualified professional, whichever is appropriate, that the landscaping is installed and functioning as intended. A temporary certificate of occupancy/completion may be issued in those instances where all site improvements except landscaping have been completed, and where electrical power is required to operate irrigation, or where lighting is needed to conduct preliminary business within the permitted structures or where weather conditions are not conducive to planting. Such temporary issuance is subject to the developer of the project certifying in writing that the required landscaping, as depicted on the approved plan, will be installed within a time period acceptable to the zoning manager. The applicant may be required to post as surety a letter of credit or cash escrow with the board of county commissioners in a form acceptable to the county. Such surety, if posted, shall be in an amount no less than one hundred twenty-five (125) percent of the estimated cost of completing the approved landscape plan including, but not limited to, plant material, irrigation and labor. Failure to satisfactorily complete the required landscaping within the specified time period shall be grounds for the immediate and summary revocation of the temporary certificate of occupancy/completion by the county and/or the forfeiture of the bond fund.

(f)

Maintenance. All requisite landscaping, whether preserved or newly planted, must demonstrate health and viability after issuance of the certificate of occupancy/completion. The county may perform a courtesy inspection of the landscaping within ninety (90) days after issuance of the certificate of occupancy/completion. If the landscaping appears to be under stress, staff shall notify the property owner. A compliance inspection will be performed approximately one (1) year after issuance of a certificate of occupancy/completion, or after actual landscape installation, whichever occurred last. Alternatively, a landscape architect or other qualified professional, whichever is appropriate, may certify in writing to the zoning division that the landscape functions as designed and has been maintained properly. If the landscaping is not viable, notice shall be given to the property owner, and the property owner shall be responsible for restoring the landscaping within a time period acceptable to the zoning manager.

(g)

Penalties. Failure to have viable landscaping consistent with the approved landscape plan shall constitute a violation subject to penalties and shall be prosecuted and punished in accordance with Orange County Code section 1-9. The board of county commissioners may bring suit in the circuit court to restrain, enjoin or otherwise prevent violation of and/or enforce compliance with this chapter.

(h)

Deviations from regulations; variances. The provisions of this chapter shall be liberally construed in order to effectively carry out the purpose of this chapter in the interest of the health, safety and welfare of the residents of the county. The zoning manager is authorized to grant deviations from this chapter where the application of this chapter to a specific site would result in a practical difficulty or a physical hardship affecting the economic use of the property. Where substantial deviation from this chapter is proposed, that in the opinion of the zoning manager does not further the intent and purpose of this chapter, the board of county commissioners may consider an appeal of the zoning manager's decision, pursuant to the standards contained in Orange County Code section 34-27. In applying section 34-27 to a variance request hereunder, the term "subdivision improvements" shall be interpreted to mean "landscaping improvements."

(i)

Nothing in this chapter shall be construed to prohibit or be enforced to prohibit any property owner from implementing county-approved low impact development techniques for storm water management and capture or Florida friendly landscaping on his/her land.

(Ord. No. 92-42, § 1, 12-15-92; Ord. No. 2001-14, § 4, 6-19-01; Ord. No. 2009-25 , § 2, 9-22-09)