§ 24-4. General design and development standards.

The requirements of this section shall apply in all circumstances, unless otherwise specified in this chapter. When a required buffer lies within ten (10) feet of an above ground power or other utility line, understory trees may be planted in the affected buffer in lieu of shade trees. However, in such instance, the understory trees shall be a minimum of seven (7) feet in height, have at least a two-inch caliper, and shall be planted at a rate of one (1) tree for every twenty-five (25) feet.

(a)

Vehicular use areas.

(1)

Landscaping adjacent to right-of-way/roadway. Where a vehicular use area lies adjacent to a public or private roadway (a vehicular use area shall be deemed adjacent to the roadway) if it lies within seventy-five (75) feet of the roadway, landscaping shall be provided as follows:

a.

A landscape strip at least seven (7) feet in width. Groundcover shall be used on this landscape strip; however, turf, turf grass or sod shall not be permitted for use on this landscape strip.

b.

One (1) shade tree for each forty (40) lineal feet, or fraction thereof;

c.

A continuous hedge at least thirty (30) inches high at planting of a species capable of growing to at least thirty-six (36) inches in height within eighteen (18) months, which hedge shall be maintained at a height not less than thirty-six (36) inches. The height of the hedge shall be measured from parking lot grade; and

d.

Where wheel stops are not used, the required plantings shall not be planted within two (2) feet of the curb, to allow for vehicle overhang.

e.

Reasonable breaks in landscaping in vehicular use areas shall be made to allow pedestrian access through parking areas to points of destination.

(2)

Landscaping adjacent to other properties. Where a vehicular use area is adjacent to other property (a vehicular use area shall be deemed adjacent to other property if it lies within thirty (30) feet of the property boundary), landscaping shall be installed to screen the vehicular use area from the adjacent properties as follows:

a.

Where a vehicular use area is adjacent to properties zoned or designated for residential use on the official zoning maps or the future land use map of the comprehensive policy plan, a landscape buffer shall be provided. The buffer shall be completely opaque from the ground to height of at least six (6) feet and shall be a minimum of seven (7) feet in width. The buffer may utilize a masonry wall, berm, planted and/or existing vegetation, or any combination thereof which maintains the minimum requirements. The buffer shall be four (4) feet in height and seventy (70) percent opaque at planting and be capable of attaining full height and opacity within three (3) years. The buffer shall have at least one (1) shade tree every fifty (50) feet of common lot line or fraction thereof.

b.

Where the adjacent property is zoned or designated for nonresidential use, or where the adjacent property maintains a conforming hedge, hedge/berm or wall, the provisions of subsection (a)(2)a. above may not apply, except for the tree planting provisions, which provision shall apply along the property line regardless of the proximity of the vehicular use area.

c.

For sites where spacing between nonresidential structures is ten (10) feet or more, regardless of whether the separation is utilized for a vehicular use area, a shade tree at fifty (50) foot on center shall be planted to comply with subsection 9-118(m)(1).

d.

The provisions of this section shall not apply in the following situations:

1.

When the property line abuts a dedicated alley or railroad right-of-way; and/or

2.

For those portions of the property where a nonresidential structure is opposite and within ten (10) feet of another nonresidential structure located on the abutting property.

e.

Plantings required in this section may be counted against the buffer requirements of section 24-5.

f.

Reasonable breaks in landscaping in vehicular use areas shall be made to allow pedestrian access through parking areas to points of destination.

(3)

Interior landscaping. Landscaped areas shall be provided within any interior vehicular use areas to provide visual and climatic relief from broad expanses of pavement and to define logical areas for pedestrian and vehicular circulation. This subsection shall only apply to paved vehicular use areas used for employee and customer parking and maneuvering.

a.

An interior vehicular use areas shall be deemed to consist of all vehicular use areas except for those parking spaces located contiguous to a perimeter for which a landscape screen (hedge and trees) is required.

b.

At least ten (10) percent of the interior vehicular use area for properties in C-1, C-2 or C-3 zoning districts, non-ancillary commercial uses permitted in the P-O zoning district by special exception, and commercial components of a PD shall be landscaped. Otherwise, at least five (5) percent of the remaining interior vehicular use area shall be landscaped.

c.

Each separate landscaped area shall be a minimum of twenty-five (25) square feet, with one (1) shade tree planted for each one hundred (100) square feet of required interior landscaping. All landscaped areas adjacent to parking areas shall be protected from vehicle encroachment by curbing or wheel stops.

d.

A maximum of ten (10) continuous parking spaces shall be permitted without a landscape break. The landscape break shall be a minimum of eight (8) feet in length and eight (8) feet in width and include one (1) shade tree of an acceptable species. Landscape breaks that are head-to-head and are eight (8) feet by sixteen (16) feet shall require two (2) shade trees. The shade tree shall be a minimum of ten (10) feet in height with a three-inch caliper. As an alternative, landscaped seven-foot wide center medians located between all lineal rows of parking which face head-to-head may be provided, with one (1) shade tree provided per sixty (60) lineal feet of median.

e.

A landscaped island (singular or head-to-head) shall be required at the ends of each row of parking spaces. Where singular, one (1) tree shall be required. Where head-to-head, two (2) trees shall be required.

f.

Turf, turf grass, or sod shall not be permitted for use in landscape areas within any interior vehicle use areas.

(b)

Intersection visibility. When an accessway intersects a public right-of-way, landscaping shall be used to define the intersection, provided, however, that all landscaping within the triangular areas described in subsections (b)(1) and (2) below shall provide unobstructed cross-visibility at a level between two (2) feet in height and six (6) feet in height. Trees and foliage shall be periodically pruned and trimmed so that no limbs or foliage extend into the cross-visibility zone. Landscaping, except for grass and similar low ground cover, shall not be located closer than three (3) feet from the edge of any accessway. The triangular areas referenced above shall satisfy the following dimensional requirements, except to the extent deemed unnecessary by the county engineer.

(1)

The areas of property on both sides of an accessway formed by the intersection of each side of the accessway and the public right-of-way line with two (2) sides of each triangle being ten (10) feet in length from the point of intersection and the third side being a line connecting the ends of the other sides; and

(2)

The area of property located at a corner formed by the intersection of two (2) or more public rights-of-way with two (2) sides of the triangular area being measured thirty (30) feet in length along the abutting edges of pavement, from their point of intersection, and the third being a line connecting the ends of the other two (2) lines.

(c)

Parking garages. Perimeter landscaping required for parking garages shall be the same as for buildings.

(d)

Building perimeter. A landscaped area shall be provided between all buildings and the public right-of-way and along the primary facade.

(1)

The landscaped area shall be equal to the full linear length of the building base oriented toward the public right-of-way and have a minimum depth of eight (8) feet.

(2)

At least fifty (50) percent of the required landscaped area shall consist of landscaping capable of achieving a minimum of thirty (30) inches in height, with one (1) shade tree planted for each twenty-five (25) feet or fraction thereof of the lineal building facade, or one (1) understory tree or palm tree planted for each fifteen (15) feet or fraction thereof of the lineal building facade.

(3)

The layout of the required landscape shall be at the discretion of the owner, such that the required square footage may be aggregated to provide maximum aesthetic value. However, each perimeter requiring landscape must have at least fifty (50) percent of the required landscape along that perimeter.

(e)

Service areas. A service areas visible from a public right-of-way or abutting other property shall be screened by a masonry wall and landscape buffer. The wall shall be a minimum of six (6) feet in height using architectural design, materials and colors that are consistent with those of the primary structure. The landscape buffer shall be a minimum of five (5) feet in width, a minimum of three (3) feet in height, fifty (50) percent opaque at planting and capable of attaining a height of five (5) feet and seventy-five (75) percent opaqueness within eighteen (18) months.

(f)

Solid waste storage areas. A solid waste refuse facility shall be screened on three (3) sides by a six-foot high masonry wall and landscaped pursuant to the requirements of subsection (e) if it is located within the building setback area or located in an areas visible to customers or from a public right-of-way.

(g)

Screening walls. A walls on a side property lines shall be no more than four (4) feet in height where it projects forward of the building setback line. Landscaping shall be provided in the form of hedge and shrubs planted adjacent to the wall, and shall be equal to at least twenty-five (25) percent of its length.

(h)

Open storage areas. An open storage area shall not be permitted unless it is totally screened from the public right-of-way and any adjacent properties. An open storage area shall be screened by a six-foot high masonry wall or ten-foot wide landscape buffer. The landscape buffer must be a minimum of three (3) feet in height and fifty (50) percent opaque at planting and be capable of attaining a height of five (5) feet and seventy-five (75) percent opaqueness within eighteen (18) months.

(i)

Merchandise display areas on properties zoned C-2 or C-3 and commercial components of PDs. A merchandise display areas (e.g., garden centers), that is visible from a public right-of-way shall be fenced by a vinyl coated chain-link or other decorative metal fencing. Additionally, the merchandise display area shall be landscaped, integrated into the design of the primary structure using landscaping adjacent to the perimeter, and utilize one of the following techniques:

(1)

Masonry columns constructed of the same materials and color of the main building, spaced a minimum of twenty-five (25) feet apart; or

(2)

A freestanding wall constructed of the same material, color, height and style of the main building along the entire length of the fenced merchandise display area that covers at least fifty (50) percent of the fenced storage area.

(j)

Landscaping of drive-through windows and lanes adjacent to or visible from public or private rights-of-way or roadways. An eight-foot wide buffer (for primary facade) or five-foot wide buffer (for secondary facade) and of an appropriate length, shall be required. The buffer shall be a minimum of three (3) feet in height and fifty (50) percent opaque at planting, be maintained at a minimum of three (3) feet and be capable of attaining a height of five (5) feet, and be seventy-five (75) percent opaque within eighteen (18) months. The buffer shall contain understory trees and/or palm trees consistent with the appropriate primary or secondary facade requirements.

(k)

Big box developments. Big box developments (defined in section 38-1 of this Code) shall adhere to the following requirements:

(1)

Earth berming shall be required within all perimeter edge buffers located between parking areas and adjacent street rights-of-way. Such berming shall achieve a minimum finished-grade height of twenty-four (24) inches above the finished grade of either:

a.

The top of the adjacent planter curb, or

b.

The adjacent sidewalk, whichever is higher.

However, in no case may the slopes of any berms exceed a 3:1 slope. Such bermed perimeter planting buffer strips shall incorporate a continuous line of shrubs, at least two (2) rows deep. Groundcover plantings shall be incorporated within the planting design. Curvilinear shrub and groundcover planting patterns (in lieu of straight-line planting patterns) which meander within the planting strip, and across the top of berms, shall be encouraged.

(2)

Eight-foot high masonry or pre-cast concrete walls shall be required along all perimeter edge buffers which are adjacent to residentially-zoned properties. Such eight-foot high walls shall include columns which project a minimum of six (6) inches from the face of the adjacent wall segments. The columns shall be spaced no more than fifty (50) feet on-center; shall extend a minimum of eight (8) inches above the height of the adjacent wall segments; and shall incorporate a flared finial or cap component. Furthermore, the wall segments between columns shall incorporate a continuous, flared cap block (or widened top edge for pre-cast) feature along the entire wall segment. The masonry wall cap block shall project from the wall face a minimum of three (3) inches. Pre-formed and decorative patterns and indentations shall be incorporated on any pre-cast concrete wall segments. Such pre-cast pattern(s) shall coincide with the architectural trim and finish of the principal structure.

When site conditions preclude the perimeter edge buffer berming otherwise required between parking areas and adjacent rights-of-way, as outlined above, a masonry or pre-cast knee wall (thirty-six (36) inches to forty-eight (48) inches high) shall be constructed within a minimum ten-foot wide planter strip between parking areas and adjacent street rights-of-way. Pre-cast knee walls shall incorporate a brick or stone veneer surface which is architecturally compatible with the surface materials used on the principal structure. Pre-cast knee walls which feature only a smooth or stucco finish shall be prohibited. Such knee walls shall incorporate the above-referenced columns. However, spacing between knee wall columns shall be no greater than forty (40) feet on-center. The columns shall project a minimum of six (6) inches from the face of the adjacent wall segments and shall extend above the adjacent wall segments between six (6) and eighteen (18) inches.

Furthermore, the wall segments between columns shall incorporate a continuous, flared, cap block component along the entire wall (or widened top edge for pre-cast walls). The cap block shall project from the wall face a minimum of three (3) inches. Decorative metal railings, or other trim components installed along the top of such knee walls, shall be encouraged.

(3)

Dumpsters, loading docks, compactors, and the like shall be screened so as not to be visible from adjacent rights-of-way and/or adjacent residentially-zoned properties. To the greatest extent possible, steps shall also be taken to noise-buffer such store service areas from adjacent residentially-zoned parcels, and shall comply with all existing noise pollution performance standards.

(4)

Whenever available, reclaimed water shall be used for irrigation in accordance with Orange County's Reclaimed Water Ordinance No. 94-21 [section 37-651 et seq. of this Code], as may be amended from time to time.

(l)

(1)

All plans subject to commercial site plan review shall include a landscape plan and plant schedule, described at subsection 24-3(b)(8) of this Code, which shall demonstrate the following ratio amounts of plants in accordance with the appropriate water use and irrigation needs, based on the drought tolerance and soil moisture categories listed in the Florida Friendly Plant List; provided, however that those portions of the landscape plan dedicated to golf course greens, tees, fairways, primary roughs, or vegetation associated with intensive recreational areas such as playgrounds and football, baseball, and soccer fields shall be exempt from this section (hereafter "40/40/20 plan"):

•

No more than twenty (20) percent of proposed plant material shall be in a high water use zone as described in section 24-6 of this Code;

•

No less than forty (40) percent of the proposed plant material shall be in a low water use zone as described in section 24-6 of this Code; and

•

The remaining proposed plant material may be in a moderate or low water use zone as described in section 24-6 of this Code.

The plan shall reflect a calculation of the required percentages described above based upon the total square footage of the area to be landscaped. In no case shall turf exceed sixty (60) percent of the total square footage of the area(s) to be landscaped not including qualified retention ponds.

(2)

As an option to the landscape planning principles described at subsection (1), above, Florida friendly landscaping principles, as described at F.S. (2009) § 373.185(1)(b), and this Code, may be utilized for the entire landscape plan; however, in no case shall turf exceed sixty (60) percent of the total square footage of the area(s) to be landscaped not including qualified retention ponds. For purposes of utilizing this option, "Florida friendly landscaping" means quality landscapes that conserve water, protect the environment, are adaptable to local conditions, and are drought tolerant. The principles of such landscaping include planting the right plant in the right place, efficient watering, appropriate fertilization, mulching, attraction of wildlife, responsible management of yard pests, recycling yard waste, reduction of storm water runoff, and waterfront protection. Additional components include practices such as landscape planning and design, soil analysis, the appropriate use of solid waste compost, minimizing the use of irrigation, and proper maintenance.

(3)

In no case shall a landscape plan incorporate the use of prohibited invasive exotic plant species as described in F.S. (2009) § 581.091.

(4)

In either case, the landscape plan shall contain certification by the landscape architect or other qualified professional, whichever is appropriate, that the landscape plan is designed in compliance with this Code and the certification shall be submitted to the county as a component of the initial submittal of the commercial site plan. Such certification shall be stated directly on the landscape plan.

(m)

Nothing in this ordinance 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. 98-29, §§ 2—4, 10-20-98; Ord. No. 2001-14, § 5, 6-19-01; Ord. No. 2003-11, § 12, 8-26-03; Ord. No. 2007-01 , § 7, 3-20-07; Ord. No. 2009-25 , § 3, 9-22-09)