Ordinance 74-21 OP~INANCE NO. ~74..21
AN ORDINANCE AMENDING COLLIER COUNTY ORDINAN~
, NO. 74-13 BY AMENDING THE ZONING REGULATIONS
APPL%-C~-fE TO THE COASTAL AREA PLANNING DISTRIC
OF COLLIER COUNTY, FLORIDA, ESTABLISHING STANDARDS
FOR THE LANDSCAPING OF OFF-STREET PARKING AREAS
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Coastal Area Planning Commission has determined
that the following standards shall be established in ,order to provide
adequate off-street parking.
NOW, THER~EFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA:
SECTION ONE:
1. To amelnd the Zoning Regulations applicable to the Coastal Area
.Planning District of Collier County, Florida, amending Article VIII of
the Zoning Regulations and by addJ. ng Section 8.7 and the Official Zoning
Regulations described as Exhibit A of Ordinance No. 74-13 is hereby amended
accordingly:
SECTION'8.~ - OFF-STREET PARKING AREA LANDSCAPING REQUIREMENTS:
1. Definitions:
A. Off-street parking space - see Section 8..1.
B.-~ff~street parking area - see Section 8.1'
-. C. An off-street vehicle ntorasa npace shall mean any V~h~c]e
space which is"used for the display, sale or repair of any type of
vehicle, mobilehome, camper, boat or heavy construction machinery,
whether s'elf-propelled or not.
'2. The requirement of this Section s~all apply to the following:
Off-Street Vehicular Facilities - Generally
Whenever in any zoning district off-street facilities are
provided for the parking or storage of any and all types
of vehicles, boats or heavy construction equipment, whether
such vehicles, boats or equipment are self-propelled or
not, and all land upon which vehicles 'traverse the property
as a function of the primary use (including "drive-in"
facilities) hereinafter referred to as "other vehicular
uses i" such off-street facilities and land shall conf~
to the minimum requirements set forth in this section,
except that single and two-family residential uses of
individually platted lots shall be exempt from such re re~-
ments.
A. Where off-street v'ehicular parking is required,
areas shall be used for vehicular parking only wit!
dead storage - including boat And t~ailer storage
dismantling or servicing of any kind.
B. If artificial lizhting is provided, it shall be designed and
arranged so that no source of such lighting is visible from
any pro'perry used or zoned for residential purposes. In addi-
tion, such lighting shall be so designed and arranged as to
shield public roadways and all other adjacent properties from
direct glare or hazardous interference of any kind.
C. Any new off-street parking' area and any new off-street vehicle storage
area. These provisions shall not apply to existinR off-street parking
areas and/or existinz vehicle storage areas until such time as they are
enlarged, improved, or expanded.
D. Except for estate and agricultural zone~ districts, all off-street
parking areas which come in contact with the wheels of vehicles shall
be surfaced with a dustless material as approved by the zoninM admini-
strator or permanently paved with one'(l) inch asphaltic concrete or
equivalent. Such surfacing shall be maintained in good condition at all
times and shall be suitably sloped and drained so as not to cause any
nuisance to adjacent or public property.
3. ~andscaptng Requirements.
Wherever in. any zoning district off-street facilities are provided for
parking or any other vehicular uses as provided in Section (8), such off-
street facilities and land shall conform to the minimum landscaping re-
quirements set forth in this section, except that single and two-family
residential ~ses on individually platted lots and covered parking
structures shall be exempt from such requirements. All landscaped areas
and adjacent property shall be protected from vehicular encroachment by
curbs, wheel stops or other similar devices.
(1)
~uality. Plant materials used in conformance with provisions
of this.Section shall conform to the Standards for Florida No. 1
or better, as given in "Grades and Standards for Nursery Plant,"
Part I, 2963, and Part ~I, State of Florida, Department of
Agriculture, Tallahassee, or equal thereto as approved by the
Zoning'Department.
Trees. Ail trees shall be species having an average mat6re
spread of crown of greater than fifteen (15) feet and having
trunk(s) which can be maintained in a clean condition over
five (5) feet of clear wood. Trees having an average mature
spread of crown less than fifteen (15) may be substituted by
grouping the same so as to crease~the equivalent of a fifteen
(15) foot crown spread.
Tree species shall be a minimum of seven (7) feet overall
height immediately after planting. Trees of species whose
roots are known to cause damage to public roadways or other
public works shall not be planted closer than six (6) feet
to such public works, unless the tree root system is completely
contained within a barrier for which the minimum interior
dimensions shall be five (5) feet square and three (3) feet
.deep, and for which the construction requirements shall be
four (4) inch thick concrete reinforced with #6 road mesh
(6x6x6) or other approved containment.
(3)
Shrubs and Hedges. Shrubs shal'l be a minimum of two (2) feet
in height when' measured immediately after planting. Hedges,
where required, shall be planted and maintained so as to form
a continuous, unbroken, solid visual screen within a maximum
of one (1) year after time· of plan~ing.
(4)' Vines. Vines shall be a minimum of thirty (30) inches in
~-~{~t immediately after planting and may be used in con-
junction with fences, screens, or walls to meet physical
barrier requirements as specified.
(s)
Ground Covers. Ground covers in lieu of grass, in whole or in
part, sh~ll be planted in such a manner as to present a finished
appearance and reasonably complete coverage'and shall be used
with a decorative mulch, such as pine or cypress bark or other
material of a ~imilar nature. In no instance ~hall'~tone or
gravel or any artificial ground covers be utilized for more
than twenty (20) per cent of th~ required'landscaped area.
(6)
(7)
Lawn Grass. Grass areas Shall be planted in
species normally grown in permanent lawns in
the Collier County area. 'Grass areas may be
sodded, plugged, sprigged or seeded; except
that solid sod shall be used in swales or
other areas subject to erosion, ahd provided
that in areas where other than solid sod or
grass seed is used, nursegrass seed shall be
sown for immediate effect and protection until
coverage is otherwise achieved.
The following trees are specifically discouraged
from being used as a part of any landscaping
requirement under this Section:
(a) Brou.~sonetia papyrifera (Paper Mulberry)
(b) Casuarinaceae (Australian Pine)
(c) Enterolobiom cyclocarpum (Ear Tree)
(d) MelaleuCa leucadendra (Punk)
(e) Melia azedarach (Chinaberry Tree)
(f) Sc--~u~ terebinthinfolius (B'razilian Pepoer Tree)
(Flo r 1-q~-a }--~ly)
4. Plan Approval.
· . ,Except for single-family and two (2) family dwellings,, prior
to th~ issuance of any building permit, a plot and planting plan shall
be submitted to and be approved by the Zoning Department. The plot plan
sh~ll be drawn to suitable scale, and shall include all pertinent dimen-
sions and indicate clearly by delineation the existing and proposed
parking space~ or other vehicular use areas, access aisles, driveways,
hydrants, source of water supply for planting, and the location of
planting protective devices, the location and size of buildings, if
any, to.be served, and shall designate plantin~ by name and shall
locate the plant material to be installed or, if existing, to be used
in accordance with the requirements hereof. No building permit shall
be issued unless the plot plan has been reviewed and certified by the
Zoning Department as complying with the provisions of this Section.
5. Installation. ,
All'landscaping shall be installed in accordance with the
plot plan as finally approved prior to issuance of a certificate of
occupancy. Further, plant materials shall be installed in accordance
.with accepted'landscape practices within the area. It shall be unlawful
to occupy the premises without a valid certificate of occupancy issued
by the Building Director. A temporary certificate of occupancy may be
issued, when conditions do not permit immediate planting, if a surety
bohd in an amount deemed sufficient by the Zoning Director to have the
required plantings installed is provided in form approved by the County
Attorney.
6. Maintenance.
The owner, tenant or their agent, if any, shall be jointly
and severally responsible for the maintenance of all landscaping,
and landscaped areas shall be so maintained as to present a healthy,
neat and orderly appearance and shall be kept free from refuse and
debris. In the event trees, shrubs or 6ther'landscape materials should
die, such materials shall be replaced within thirty (30) days.
7. Development Standards.
A. .Req6ired La.ndscapin9 Adjacent to..Public Ri~hts-of-Way.
On any parcel providing an off-street parking area or
other vehicular use area, where such area will not be entirely
screened visually by an intervening building or structure
from any abutting right-of-way, excluding alleys except when
properties across the alley are residential, there shall be
provided landscaping between such area and such right-of-way
as follows:
A strip of land ~t least six (6) feet in width measured at right
angles to the property lines located between tile abutting street
right-of-way and the off-street parking area or'other vehic61ar
use area which is exposed to an abutting street right-of-way shall
be landscaped to include an average of one (1) tree for each fifty
(50) linear feet or fraction thereof. Such trees shall be located
between the abutting street right-of-way and off-street parking
area or other vehicular use area and shall be planted in a planting
area of at least twenty-five (25) square feet with a minimum
dimension of five (5) feet. In add'ition, a hedge, wall or other
durable landscape barrier of at least two (2) feet in height shall
be placed along the entire length of such landscaped area. If such
durable barrier is a non-living material, for'each ten (10) feet
thereof, an average of one (1) shrub or vine shall be planted
abutting such barrier but need not be spaced ten (10) feet apart.
Such shrubs or vines shall be planted along the street side of such
barrier unless they are of sufficient height at the time of planting
to be readily visible over. the top of such barrier. The remainder
of the required landscaped areas shall be landscaped with grass,
ground cover, or other landscape treatment.
Required Landscaping Adjacent to Interior Property Lines.
On any parcel providing an off-street parking area or other vehicular
use area there shall be provided landscaping between such area and
suc~f.pr~perty as follows:
1.. A strip of land at least five (5) feet in width measured at right
'angles to the property lines shall be landscaped to include an
average of one (1) tree for each fifty (50) lineal feet of such
interior property line or fractional part thereof. Such trees
shall be located between the common lot line and the off-street
parking area or other vehicular use area. Each such tree shall
be planted in at least twenty-five (25) square feet of planting
.~rea with a minimum dimension of at least five (5) feet. Each
such planting area shall be landscaped with grass, ground cover
o~ other landscape material excluding paving in addition to the
required tree. '~.~
2. Where such area abuts property zoned or, in fact, used primarily
for residential or institutional purposes, that portion of such
area not entirely screened visually by an intervening structure
or existing conforming buffer from an abutting property, there
shall be provided a.landscaped buffer area designed and planted
so as to be eighty (80) per cent opaque when viewed horizontally
at three (3) feet above the ground level, and said plant materiaIs
should reach a height of five (5) feet within two (2) years after
planting. A five (5) foot high structure set in the required five
(5) foot wide landscaping area may substitute the required three
(3) foot high planted buffer, provided that no such structure
exists on the adjoining lot. Such landscape buffer shall be located
between the common lot line and the off-street parking area or other
vehicular use area exposed to the abutting property so that the
p,rpose of screenin~ the off-street parking area or other vehicular
use area is accomplished.
~erever a common accessway is located on a common property line
and providing access to off-street parking areas or other vehicular
use areas on abutting properties. The required landscaping for said
common property line shall be determined by the zoning administrator.
Required Interior Landscaping.
Off-street parking areas shall have at least ten (10) square feet
of interior landscaping for each parkfng space, excluding those
s~aces abutting a perimeter for which landscaping is required by
other sections hereof. In addition, other vehicular use areas shall
have tcn (10) square .feet of landscaping area for each five
hundred (500) square feet or fraction thereof paved area for the first
fifty thousand (50,000) square feet plus ten (10) square feet of
landscaped area for each one thousand (1,000) square feet or fraction
thereof of paved area over fifty thousand (50,000) square feet. Where
the property contains both parking areas and other vehicular use
areas, tile two types of areas may ~e separated for the purposes of
determining the other vehicular use areas by first multiplying the
total number of parking spaces by three hundred (300) and sub-
tracting the resulting figure from the total square footage of
paved area. Each separate landscaped area shall contain a minimum
of fifty (50) square feet and shall have a minimum dimension of
at leas~.five (5) feet and shall include at least one (1) tree
having a clear trunk of at least five (5) feet, with the remain-
ing area adequately landscaped with shrubs, ground cover or other
authorized landscaping material not to exceed two and one-half
(2--1/2) feet in height. The'total number of trees shall not bs
less than one (1)for each hundred (100) square feet or fraction
thereof of requi%ed interior landscaping area. Such landscaped
areas shall be located in such a manner as to divide and break
up the expanse of paving and at strategic points to guide traffic
flow and direction.
In other vehicular use areas where the strict application of this
~ubmection will seriously limit the function of said area, the
~equired landscaping may be located near the perimeter of the
paved area, including such perimeters which may be adjacent to
the building.on the site. Such required interior landscapinz
which is relocated as herein provided shall be in addition to
the perimeter landscaping requirements. The front of a vehicle
may encroach upon any interior landscaped area or walkway when
said area is at least three and one-half (3-1/2) feet in depth
· per abutting parking space and protected by wheel stops or
curbing. Two (2) feet of such landscaped area or wa!~ay may'be
~art of the required depth of each abutting parking space.
S{ght Distance for Landscaping Adjacent to Public Rights-of-Way
and Points of Acd'ess.
When an acces-sway intersects a public right-of-way or when the
subject property abuts the intersection of two (2) or more public
rights-of-way, all landscaping within the triangular areas de-
scribed below shall provide unobstructed cross-visibility at a
level between three (3) and eight (8) feet; provided, that trees
having limbs and foliage trimmed in such a manner that no limbs
or foliage extend into the cross-visibility shall be allowed, and
further provided they are located so as not to create a traffic
hazard. Landscaping, except required grass or ground cover, shall
not be located closer than three (3) feet from the edge of any
accessway pavement. The triangular areas above referred to are:
A. The areas of proper~y on both sides of an accessway formed by
th~ intersection of each side o~ the accessway and public right-
of-way lines with two sides of each tria~gle ~-~-~~=~,~ ten (~) ...... ~
in length from the point of intersection and the third side
being a line connecting the ends of the two (2) other sides.
B. The area of property located at a c~rner formed by thh inter- 'section of two (2) or more public rights-of-way with two (2)'
sides of the triangular area being forty (40) feet in length
along the abutting public right-of-way lines, measured from
their point of intersection and the third side being a line
connecting the ends of the other two (2) lines.
Existing Plant. Material.
In instances where healthy plant material exists on a site prior
to its development, in part or in whole., for purposes of off-street
parking or other vehicular use areas, the Zoning Department
may adjust the application of the above mencioned standards
to allow credit for such plant material, if in its opinion,
such an adjustment is in keeping with and will preserve the
intent of this section. The removal of all trees shall be
subject to the requirements of the Tree Prbtection Ordinance.
SECTION TWO:
ConflictL Severance, Construction and Penalty.
In the event this Ordinance conflicts with other applicable law,
the more restrictive shall apply~ If any part of this'Ordinance con-
flicts with any part, it shall be severed and the remainder shall have
full force and effect and be liberally construed.
If any section, subsection, sentence, clause, phrase or portion
of this Ordinance is, for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision and such holding shall
not affect the'validity of the remaining portion thereof.
The provisions of this Ordinance shall be deemed an exercise of
the police power of Collier County for the protection of the public
health, safety and welfare and therefore shall be liberally construed
to accomplish that purpose and implement the legislative intent and
declaration.
If such a violation is continuing, each day's violation or separate
act shall be a separate offense.
SECTION THREE:
Effective Date.
Th~S ordinance shall become effective upon receipt of notice that
it is filed with the Secretary of State.
Dated': July 9, !974
ATTEST:
MARGARET T. SCOTT
Clerk of Circuit Court
DeputY Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By ~liff~or'd Wenzel, C~irman
Approved as to form and legality:
Davi~ Emerson Brunet
Collier County Attorney