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Ordinance
File Number: 09-00949zt
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE
NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, TO PROVIDE FOR A NEW ARTICLE 8.2 ENTITLED "LANDSCAPE
ORDINANCE"; CONTAINING A SHORT TITLE AND APPLICABILITY, INTENT AND
PURPOSE, DEFINITIONS, PLANS SUBMISSION, MINIMUM STANDARDS, PLANS
REVIEW CRITERIA, ENFORCEMENT, MAINTENANCE AND POLICIES THAT
ENCOURAGE THE USE OF ENVIRONMENTALLY -PREFERRED LANDSCAPE
AND IRRIGATION METHODS FOR THE CITY OF MIAMI ("CITY"); CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the conservation of potable water and efficient and effective landscaping and
irrigation will ensure sustainable population growth and promotes the general well-being; and
WHEREAS, the Florida Department of Environmental Protection issued the "Landscape
Irrigation & Florida -Friendly Design Standards" in December 2006 to provide specific
recommendations for outdoor water conservation measures and the use of appropriate plant
materials; and
WHEREAS, on February 22, 2007, the City Commission adopted the recommendations of the
City's Tree Master Plan which addresses key urban forestry principles such as tree selection, proper
installation, and maintenance of trees; and
WHEREAS, on September 25, 2008 the City Commission adopted the recommendations of
MiPlan, the City of Miami Climate Action Plan, which calls for promotion of green building programs;
and
WHEREAS, on May 5, 2009, the Board of County Commissioners adopted revisions to
Chapter 18A of the Code of Miami -Dade County, the Landscape Ordinance which applies to the City
of Miami and other municipalities; and
WHEREAS, the differences in zoning designations between the City and County necessitate
the City to adopt the City of Miami Landscape Ordinance to establish minimum landscape standards to
be applied to all public and private development when a permit is required and to be enforced by the
City; and
WHEREAS, the attached Landscape Ordinance will also assist the City to address water
conservation issues, use of alternative water supplies and appropriate landscaping; and
WHEREAS, the Miami Planning Advisory Board, at its meeting of September 16, 2009, Item
No. P.7, following an advertised hearing, adopted Resolution No. PAB e by a unanimous vote,
RECOMMENDING APPROVAL of amending Zoning Ordinance No. 11000 as hereinafter set forth.
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File Number: 09-00949zt
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, is
hereby amended by amending the text of said Ordinance by adding a new Article as follows:
11*
ARTICLE 8.2 LANDSCAPE ORDINANCE
Sec. 8.2.1. Intent and Purpose.
It is the intent of this article to establish minimum landscape standards for the City of Miami
that enhance, improve and maintain the quality of the landscape, and to:
Promote Florida Friendly landscaping principles through the use of drought tolerant plant
species, grouping of plant material by water requirements, the use of irrigation systems that conserve
the use of potable and non potable water supplies and restrictions on the amount of lawn areas.
Florida Friendly landscape principles also promote planting the right plant in the right place and
appropriate fertilization and mulching_
JM Use landscape -material, specifically street trees, to visually define the hierarchy of
roadways, and to provide shade and a visual edge along roadways.
Prevent the destruction of the City's existing tree canopy and promote its expansion.
Provide for the preservation of existing Natural Forest Communities and specimen sized
trees in conformance with existing City and County codes, as may be amended from time to time;
re-establish native habitat where appropriate, and encourage the appropriate use of native plant
materials in the landscape.
Promote the use of trees and shrubs for energy conservation by encouraging coolin
through the provision of shade and the channeling of breezes, thereby helping to offset global warming
and local heat island effects through the added absorption of carbon dioxide and reduction of heat
islands.
Contribute to the processes of air movement, air purification, oxygen regeneration, ground
water recharge, and stormwater runoff retention, while aiding in the abatement of noise, glare, heat, air
pollution and dust generated by maior roadways and intense use areas.
Improve the aesthetic appearance of commercial, industrial and residential development
through the use of appropriate plant materials, thereby protecting and increasing property values
within the City, and protecting designated historic landscapes.
Reduce the negative impacts of exotic pest plant species and prohibit the use of noxious
exotic plants which invade native plant communities.
Promote the use of trees to protect and buffer the effects of high winds on structures.
JJ) Promote proper landscaping methods and selection of plant materials to avoid problems
such as clogged sewers, cracked sidewalks and power services interruptions.
Sec. 8.2.2. Short title and applicability.
Title. This article shall be known and may be cited as the "City of Miami Landscape
Ordinance".
_Applicability.
M This article shall be a minimum standard and shall apply to the City of Miami, and shall be
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enforced by the City.
The provisions of this article shall be considered minimum standards and shall apply to all
public and private development when a permit is required, except for existing attached and
detached single family and duplex dwellings, including any future additions or expansions
shall be exempt from the provisions of this article.
(3) Existing development shall only be required to comply with the street tree requirements and
parking lot buffers. Parking lot buffers will not be required if inadequate area exists which
will cause the elimination of any required parking pursuant to the City code or Zoning
Ordinance. The provisions of this subsection shall only apply where a building permit is
required for expansion of parking areas.
Sec. 8.2.3 Definitions.
The definitions contained in Ordinance No. 11000, the Zoning Code of the City of Miami, Florida, s
apply except as otherwise changed herein:
Automatic Irrigation System: An irrigation system with programmable controller or tin
m-echanism.._
Buffer, perimeter landscape: An area of land which is set aside along the perimeter of a parte
land in which landscaping is required to provide an aesthetic transition between different land uses ani
eliminate or reduce the adverse environmental impact, and incompatible land use impacts.
Caliper: For trees under four (4) inches in diameter, the trunk diameter measured at a height of
(6) inches above natural grade. For trees four (4) inches and greater in diameter, the trunk diam(
measured at twelve (12) inches above natural grade.
Clearance_ pruning: Pruning required to avoid damage or danger related to structures, po
distribution and property, as defined in the current ANSI A300 Standards.
Controlled plant species: Those plant species listed in the Landscape Manual which tent
become nuisances because of their ability to invade proximal native plant communities or native habit
but which, if located and cultivated properly may be useful or functional as elements of landscape desic
Diameter at breast height (DBH): Diameter of a tree's trunk measured at a height four
one-half (4.5) feet above natural grade. In the case of multiple -trunk trees, the DBH shall mean the sur
each trunk's diameter measured at a height of four and one-half (4.5) feet above natural grade.
Differential operation schedule: A method of scheduling an irrigation system to apply differ
quantities of water, and/or apply water at different frequencies as appropriate, for different hydrozones.
Dissimilar land uses: Proximate or directly associated land uses which are contradict
incongruous, or discordant such as higher intensity residential, commercial or industrial uses lots
adjacent to lower intensity uses.
Drip Line: An imaginary vertical line extending from the outermost horizontal circumference c
tree's branches to the ground.
Emitters: Devices which are used to control the dischar., a of irrigation water from lateral pipes.
Enerqv conservation zone: A zone located no more than twenty-two (22) feet from a structure
one hundred eighty (180) degree band from due east of the northeast point of the structure, to due so
to due west of the northwest point of the structure.
Environmentally Endangered Lands: Lands that contain natural forest, wetland or native p
communities, rare and endangered plants and animals, endemic species, outstandinggeologic or of
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natural features, or land which functions as an integral and sustaining component of an exis
ecosystem.
Existing development: Existing development shall mean a site with structures that were leg
approved through the issuance of a certificate of use or certificate of occupancy as of the effective date
this chapter.
Facultative: Plants with a similar likelihood of occurring in both wetlands and uplands, which
not recognized indicators of either wetland or upland conditions.
Florida Friendly Landscaping: Describes best practices, materials or actions developed by
Florida Yards & Neighborhood Program that help to preserve Florida's natural resources and protect
environment.
Florida Yards & 'Neighborhood Program: Is a partnership of the University of Florida/Institut(
Food and Agricultural Sciences, Florida's water management districts, the Florida Department
Environmental Protection, the National Estuary Program, the Florida Sea Grant College Program
other agencies, managed locally by the Miami -Dade Cooperative Extension Division of the Consui
Services Department.
.F_or_bs:_He.r_bace_o_us_plants_o_ther_than_gr_asses_.
Geologic feature: A natural rock or mineral formation.
Graywater: That portion of domestic sewage emanating from residential showers, resider
bathroom washbasins, or residential clothes washing machines.
Ground cover: A dense, extensive growth of low -growing plants, other than turfqrass, norm
reaching an average maximum height of not more than twenty-four (24) inches at maturity.
Hatrack: To flat -cut the top of a tree, severing the leader or leaders, or the removal of any bra
three (3) inches or greater in diameter at any point other than the branch collar.
Hazard Bruning: The removal of dead, diseased, decayed, or obviously weak branches two
inches in diameter or greater.
Head: A sprinkler head that provides above ground or overhead irrigation.
Heat island: An unnaturally high temperature microclimate resulting from radiation from unsha
impervious surfaces.
Hedge: A landscape barrier consisting of a continuous, dense planting of shrubs, not necess"
of the same species.
Herbaceous plant: A plant having little or no woody tissue.
Hydromulch: A sprayed application of seed, mulch and water.
Hydrozone: A zone in which plant material with similar water needs are grouped together.
Included bark: Bark that is pushed inside a developing crotch, causing a weakened structure.
Irrigation detail: A graphic representation depicting the materials to be used and dimensions tc
met in the installation of the irrigation system.
Irrigation plan: A plan drawn at the same scale as the landscape plan, indicating location
specification of irrigation system components and other relevant information as required by this chapter
Irrigation system: A system of pipes or other conduits designed to transport and distribute wate
keep plants in a healthy and vigorous condition.
Landscape feature: Trellis, arbor, fountain, pond, garden sculpture, garden lighting, deck
patio, decorative paving, gazebo and other similar elements.
Landscape Manual: An illustrative interpretation of the standards provided in this code
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suggested guides for landscaping in accordance with these standards. Includes native and non-na
plant lists. The manual is developed by the Miami -Dade County Department of Planning and Zoning_
adopted by resolution of the Board of County Commissioners.
Landscape material: Plants such as grass, ground cover, forbs, shrubs, vines, hedges, trees
non -living material such as rocks, pebbles, sand, mulch, or pervious decorative paving materials.
Landscape plan: A plan indicating all landscape areas, stormwater retention/detention are
areas which qualify to be excluded from maximum permitted lawn area, existing vegetation to be retair
proposed plant material, landscape legend, landscape features, planting specifications, and details,
all other relevant information in compliance with this article.
Lawn area: An area planted with lawn grasses.
Manual irrigation system: An irrigation system in which control valves and switches are manu
operated rather than operated by automatic controls.
Moisture and rain sensor switches: Devices which have the ability to switch off an autom
irrigation controller after receiving a predetermined amount of rainfall or moisture content in the soil.
Mulch: Materials customarily used in landscape design to retard erosion, weed infestation,
retain moisture and --for use in planting areas:
Native habitat: An area enhanced or landscaped with an appropriate mix of native tree, shrub
groundcover species that resembles a native plant community or Natural Forest Community in struci
and composition or is naturally occurring.
Native_ plant species: Plant species with a geographic distribution indigenous to all or par
Miami -.Dade County. Plants which are described as being native to Miami -Dade County in botan
manuals such as, but not limited to, "A Flora of Tropical Florida" by Long and Lakela, are native p
species within the meaning of this definition. Plant species which have been introduced into Miami -D
County by man are not native plant species.
Native Plant community: A natural association of plants dominated by one (1) or more promir
native plant species, or a characteristic physical attribute.
Natural Forest Community: All assemblages of vegetation designated as Natural Fo
Communities on the Miami -Dade County Natural Forest Community Maps and approved by the Boan
County Commissioners, pursuant to Resolution No. R-1764-84 and further defined in Section 24-5 of
Miami -Dade County Code.
Planting detail: A graphic representation of the plant installation depicting the materials to be u
and dimensions to be met in the placement of plants and other landscape materials.
Prohibited plant species: Those plant species listed in the Miami -Dade County Landscape Mar
which are demonstrably detrimental to native plants, native wildlife, ecosystems, or human health, saf
and welfare.
Shrub: A self-supporting woody perennial plant normally growing to a height of twenty-four I
inches or greater, characterized by multiple stems and branches continuous from the base.
Site plan: A comprehensive plan drawn to scale indicating appropriate site elevations, roadw<
and location of all relevant site improvements including structures, parking, other paved areas, ingr
and egress drives, landscaped open space and signage.
Specimen tree: A tree with any individual trunk which has a DBH of eighteen (18) inches
greater, but not including the following:
1. All trees listed in Section 24-49(4)(f) of the Miami -Dade County Code of Ordinances:
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2. Non-native fruit trees that are cultivated or grown for the specific purpose of produc
edible fruit, including, but not limited to, mangos, avocados, or species of citrus;
3. Non-native species of the genus Ficus, except Ficus altissima (Lofty Fig) and Fi
benghalensis (Banyan Tree), and
4. All multitrunk trees in the palm family, except Acoelorrhaphe wrightii and Pho(
reclinata which have a minimum overall height of fifteen (15) feet.
Spray head: An irrigation device which applies water to the soil or plant surface by fixed spra
mist nozzles.
Sprinkler Head: A sprinkler head that provides above ground or overhead irrigation.
Stabilized lawn area: An area of ground underlain with structural support in the form of gr
pavers or stabilized soil prepared to withstand the load of intended vehicular use such as automobi
fire trucks and garbage trucks.
Stormwater retention/detention area: An area designed, built and used for temporary storag
stormwater. For purposes of this chapter, these areas are intended to be permanently exempt fi
wetland regulations.
Street Tree Master Plan: A greenprint for Miami -Dade County as adopted by the Board of COL
Commissioners on March 6, 2007 and as revised from time to time and the City of Miami Tree Ma
Plan, as adopted by the City Commission on February 22, 2007.
Tree abuse: Tree abuse shall include: Damage inflicted upon any part of a tree, including the i
system, by machinery, construction equipment, cambium laver penetration, storage of materials,
compaction, excavation, chemical application or spillage, or change to the natural grade; Hatrack
Girdling or bark removal of more than one-third ( 1/3) of the tree diameter; Tears and splitting of limb e
or peeling and stripping of bark resulting from improper pruning techniques not in accordance with
current ANSI A300 Standards and/or excessive root cutting.
Tree canopy: The aerial extent of the branches and foliage of a tree as defined by the drip line.
Temporary irrigation systems: A system including surface distribution elements (hose, pipe, e
which may be easily removed when landscape is established.
Understory: The complex of woody, fibrous, herbaceous, and graminoid plant species that
typically associated with a Natural Forest Community, native plant community, or native habitat.
Vegetation required to be preserved by law: Portions of a site, including but not limitec
specimen trees, Natural Forest Communities and native vegetation which are clearly delineated on
plans, plats, or recorded restrictions, or in some other legally binding manner that are to be protected fi
any tree or understory removal or effective destruction and maintained without any development.
Vegetation survey: A drawing provided at the same scale as the landscape plan which inclu
relevant information as required by this chapter.
Vehicular use area: A hard surface area desianed or used for off-street parkina and/or an 2
used for loading, circulation, access, storage, including fire trucks, garbage trucks, or display of ml
vehicles.
Vine: A plant with a flexible stem which normally requires support to reach mature form.
Xeriscane: A landscapina method that emalovs drouaht tolerant slants in an effort to conse
resources, especially water.
Sec. 8.2.4. Plans required.
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8.2.4.1. General.
Landscape plan(s) shall be approved by the Office of Zoning, and where required pursuant to
code, an irrigation plan shall be approved by the Building Department prior to the issuance of any buil(
permit or paving for new parking areas or expansion of existing parking areas.
8.2.4.2 Landscape plans.
8.2.4.2.1. Owner - builder single family or duplex dwelling:
Landscape plan(s) submitted for new one (1) family or duplex dwellings may be in the form
plot plan or drawing prepared by the owner or the owner's representative, provided howe-
developments requiring review before the Urban Development Review Board shall provide Landsc
Plans prepared by, and that bear the seal of, a landscape architect licensed to practice in the Stat(
Florida, or by persons authorized by Chapter 481, Florida Statutes, to prepare landscape plans
drawings.
8.2.4.2.2. All other development:
The landscape plan for development other than provided for in subsection (1) above, shall
prepared by, and bear the -seal. of, a -landscape architect licensed to practice in the -State of Florida, of
persons authorized by Chapter 481, Florida Statutes, to prepare landscape plans or drawings. Prelimir
landscape plans shall be provided as part of the submission for approval and shall:
a. Be _drawn to scale and include property boundaries, north arrow, graphic scale, and date
b. Include a vegetation survey, including an aerial photograph which outlines the sub'e� ct
provided at the same scale as the landscape plan.
c. Delineate existing and proposed structures, parking spaces, driveways and other vehic
use areas, sidewalks, utilities, easements, height and voltage of power lines on the prop
or adjacent property.
d. Indicate the common and scientific name and quantity of plants to be installed using
"Landscape Legend" code format as prescribed by the Director of the Planr
Department.
e. Identify all landscape features and non -living landscape materials.
f_ Show all areas of vegetation required to be preserved by law, including but not limiter
trees, specimen trees, native plant species, Natural Forest Communities, native habi
and wetlands.
a Illustrate geologic, historic and archeological features to be preserved.
h. Depict stormwater retention/detention areas and areas excluded from maximum permi.
lawn area.
i_ Document zoning district, net lot area, maximum lot coverage, required Open Space,
maximum permitted lawn area,
L Complete Preparer's Statement of Landscape Compliance form.
8.2.4.2.3. Final landscape plans submitted for permit shall include all of the above, as well as
following:
a. A fully completed, permanently affixed "Landscape Legend" as prescribed by the Dire.
of the Planning Department.
b. Critical layout dimensions for trees, plant beds and landscape features.
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c. Method(s) to protect and relocate trees and native plant communities during constructior
d. Planting details and specifications.
e. Irrigation plans, as required by this code.
f_ Irrigation details and specifications, as required.
g_ Notarized Preparer's Statement of Landscape Compliance form.
8.2.4.3. Vegetation survey. A vegetation survey shall be provided for all sites at the same scale as
landscape plan. The vegetation survey shall be accompanied by an aerial photograph which outlines
subject site without obscuring its features. The vegetation survey shall provide the following informatior
8.2.4.3.1. The accurate location and graphic representation, in relation to existing development, of
existing trees of a minimum two (2) inch DBH or ten (10) foot height or, for native trees, of a minimum
and one-half (1 1/2) inch DBH or eight (8) foot height, including those which are proposed to be remo\
relocated or preserved on site in accordance with the requirements of this Code and Chapter 17 of
City Code.
8.2.4.3.2. The boundaries of any Scenic Transportation Corridor, Environmental Preservation Dist
native habitat, native plant community, native plant species, and/or Natural Forest Community
associated understory that exists on site, as determined by the City of Miami Commission or
Miami -Dade County Department of Environmental Resources Management.
8.2.4.3.3. A table showing the following information:
a. The scientific and common name of each tree, each of which shall be numbered.
b. The diameter at breast height (DBH) of each tree, or if a multiple trunk tree, the sum C
for all trunks.
c. An estimate of the height, canopy cover, and physical condition of each tree, and whet
specimen tree(s) exist on site.
8.2.4.4. Irrigation plans. An irrigation plan shall be submitted if an irrigation system is required by
code or where an irrigation system is to be provided regardless of code requirements. Where a landsc
plan is required, an irrigation plan shall be submitted concurrently.
8.2.4.4.1. For a new one -family or duplex dwelling the irrigation plan may be indicated on a plot plan
separate drawing prepared by the owner or the owner's agent indicating area(s) to be irrigated, loca
and specifications of lines and heads and pump specifications.
8.2.4.4.2. All other development other than those provided in a subsection 8.2.4.4.1 above shall:
a_ Be drawn on a base plan at the same scale as landscape plan(s).
b. Delineate landscape areas, major landscape features, and hydrozones.
c. Delineate existing and proposed structures, parking areas or other vehicular use arE
access aisles, sidewalks, driveways, the location of utilities and easements, and sirr
features,
d. Include water source, design operating pressure and flow rate per zone, total volt
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required for typical depths of application, and application rate.
e. Include locations of pipes, controllers, valves, sprinklers, back flow prevention devices,
switches or soil moisture sensors, and electrical supply.
f. Include irrigation details.
8.2.5. Tree removal and preservation.
N. o person and no agent or representative thereof, directly or indirectly, shall cut down, dest
move or effectively destroy through damaging any tree situated on any real property as describe(
Article 8.1 of Ord. No. 11000, without first obtaining approval and a tree removal permit. No permit
development activity shall be issued until it has been determined that no tree removal permit is require
that a valid tree removal permit has been issued in compliance with this article. The City of Miami C
Enforcement Department is responsible for administering and enforcing these provisions in accorda
with Article 8.1 of Ord. No. 11000.
8.2.6. Minimum Standards.
The following standards shall be considered minimum requirements unless otherwise indicated:
8.2.6.1. Lawn area (turf).
8.2.6.1.1 Grass areas shall be planted in species well adapted to localized growing condition.
Miami -Dade County. Grass areas may be sodded, plugged, sprigged, hydromulched, or seeded ex(
that solid sod shall be used in swales or other areas subject to erosion. In areas where other than s
sod or grass seed is used, overseeding shall be sown for immediate effect and protection until coverag
otherwise achieved.
8.2.6.1.2 Exclusions from maximum permitted lawn areas:
a. Stabilized grassed area used for parking;
b. Grassed areas designated on landscape plans and actively used for sports, playground!
picnic areas;
c. Grassed areas in the right-of-way:
d. Stormwater retention/detention areas planted in grasses which are very drought tolerant
referenced in the Landscape Manual, as well as tolerant to wet soils.
8.2.6.1.3 Maximum permitted lawn area for all zoning districts is referenced in Table A. Very drop
tolerant grasses and low growing native plants, including grasses and forbs, as referenced in
Landscape Manual, may be used as groundcover beyond the maximum permitted grass area specifie
Table A.
8.2.6.2. Irrigation.
8.2.6.2.1 All newly -planted and relocated plant material shall be watered by temporary or permanent
irrigation systems until such time as they are established and subsequently on an as needed basis to
prevent stress and die off in compliance with existing water restrictions.
8.2.6.2.2 Irrigation shall be pribited within native pant communities and natural forest communities,
except for temporary systems needed to establish newly planted material. Temporary irrigation
systems shall be disconnected immediatel after establishment of plant communities.
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8.2.6.2.3. Irrigation systems sail be designed, operated, and maintained to:
a. Meet the needs of the plants in the landscape
b. Conserve water by allowing differential operation schedules based on hydrozone.
c. Consider soil, slope and other site characteristics in order to minimize water wa
including overspray or overflow on to impervious surfaces and other non -vegetated are
and off-site runoff.
d. Minimize free flow conditions in case of damage or other mechanical failure
e. Use low trajectory spray heads, and/or low volume water distributing or application devic
f. Maximize uniformity, considering factors such as:
i. Emitter types,
H. Head spacing,
iii. Sprinkler pattern, and
iv. Water pressure at the emitter.
e Use the lowest quality water feasible (graywater shall be used where approved systems
available.)
h. Rain switches or other devices, such as soil moisture sensors, shall be used with autom
controls.
i`. Operate only during.Aa�s an-cLo-ndays_per_mitted under South_El_or_id_a_W__ater_Managerr
District rules.
L Where feasible, drip irrigation or micro -sprinklers shall be used.
k. During dry periods, irrigation application rates of between one (1) and one and one -hal
"/z) inches per week are recommended for turf areas.
1_ If an irrigation system is not provided, a hose bib shall be provided within seventy-five I
feet of any landscape area.
8.2.6.3. Trees.
8.2.6.3.1. Tree size.
All trees, except street trees, shall be a minimum of twelve (12) feet high and have a minim
caliper of two (2) inches at time of planting, except that thirty (30) percent of the tree requirement mati
met by native species with a minimum height of ten (10) feet and a minimum caliper of one and one -
(1 1/2) inches at time of planting.
8.2.6.3.2. Street tree size and spacing.
Street trees shall be of a species typically grown in Miami -Dade County which normally mature
height of at least twenty (20) feet. Street trees shall have a clear trunk of four (4) feet an overall heigh
fifteen (15) feet and a minimum caliper of three (3) inches at time of planting and shall be provided al
all roadways at a maximum average spacing of thirty (30) feet on center, except as otherwise provide.
this Article. The thirty (30) foot average spacing requirement for multiple single family units and townho
shall be based on the total lineal footage of roadway for the entire project and not based on individua
widths. Street trees shall be placed within the swale area or shall be placed on private property wh
demonstrated to be necessary due to right-of-way obstructions as determined by the Public We
Department. Street trees planted along private roadways shall be placed within seven (7) feet of the e,
of roadway pavement and/or where present within seven (7) feet of the sidewalk.
8.2.6.3.3. Power lines.
Where the height and location of overhead power -lines requires the planting of low growing tre
street trees shall have a minimum height of eight (8) feet a minimum caliper of one and one-half (1
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inches at time of planting, and shall meet the following requirements:
a. Single trunk trees clear of lateral branches to four (4) feet and/or multi trunk tree:
tree/shrubs, as referenced in the Landscape Manual, cleared of foliage to a height of 1
4 feet.
b. A maximum average spacing of twenty-five (25) feet on center.
c. Maturing to a height and spread not encroaching within five (5) feet of overhead po
distribution lines.
d. Under high voltage (50kV and above) transmission lines installed independent of unded
distribution lines, tree height and spread shall not exceed the minimum approach distan
specified in the current ANSI (American National Standards Institute) Z133.1 Standards
referenced in the Landscape Manual,
8.2.6.4. Palms.
8.2.6.4.1. Palms which meet all of the followina reauirements shall count as a reauired street tree on
basis of one (1) palm per tree.
a__ Minimum_.canopy of_fifteen (15) feet_ at maturity.
b. Provided at an average maximum spacing of twenty-five (25) feet on center.
c. A single trunk palm species with a minimum ten (10) inches DBH and a minimum of e
(8) feet of clear of gray wood.
d. Queen palms (Syagrus romanzoffiana) shall not be allowed as street trees.
8.2.6.5. Minimum number of trees.
The minimum number of required trees, in addition to street trees, is referenced in Table A.
TABLE INSET
TABLE A
NUMBER OF TREES REQUIRED MAXIMUM LAWN AREA
ZONING Per Acre of Percent of Req
DISTRICT Net Lot Area Per Lot Open Space
RESIDENTIAL
R-1
3
50%
R-2
3
50%
R-3
28
60%
R-4
28
40%
COMMERCIAL
C-1
22
20%
C-2
22
20%
CBD
22
20%
OFFICE
O
28
30%
CIVIC
G/I*
9
60%
City of Miami Page 11 of 19 Printed On: 9/9/2009
File Number.• 09-00949zt
PR N/A N/A
CS N/A N/A
INDUSTRIAL
1 15 20%
PLANNED UNIT
DEVELOPMENTS
PUD 28 40%
*Use dependant on character of the neighborhood.
Please refer to Special District Regulations that may modify the above requirements.
Where a conflict exists, the requirement imposing the higher standard shall apply.
8.2.6.5.1 High density residential and commercial districts. In high density residential or commer
zoning districts, if the minimum number of trees required cannot be reasonably planted on the gro
level of the subject property, the applicant may plant twenty-five percent (25%) of the required trees
upper levels such as open recreation areas or exposed decks.
8.2.6.5.2. Off-site tree planting. If the minimum number of trees required cannot be reasonably plar
on the subject property, the applicant may enter into an agreement with the city, as approved by
department, to plant the excess number of required trees on public property within the City Commis:
district of the subject property_
8.2.6.5.3. Tree trust fund. If the minimum number of trees reauired cannot be reasonablv planted on
subject property, but as an alternative to the off-site tree plantina option provided in subsection 8.2.6.
the applicant shall contribute into the city's tree trust fund the sum of one thousand dollars ($1000.00)
each two (2) inch caliper tree required in accordance with Table A of section 8.2.6.5. A city resident i
current proof of residency and homestead status shall contribute five hundred ($500.00) for each two
inch caliper tree required in accordance with Table A of section 8.2.6.5.
8.2.6.5.4. Grassed areas that are to be used for organized sports such as football and soccer or of
similar sports or playgrounds, that are clearly identified on a landscape plan shall not be counted toy►
calculating tree and maximum lawn area requirements.
8.2.6.5.5. Trees shall be planted to provide shade to residential structures of a height of thirty-five (35)
feet or less. At least two (2) required lot trees shall be positioned in the energy conservation zone as
defined herein. All exterior air conditioning units, except for air conditioning units placed on the roof, sh;
be shaded by trees and/or shrubs as referenced in the Landscape Manual.
8.2.6.5.6. Palms of a fourteen (14) foot minimum overall height and minimum caliper of three (3) inc
at time of planting shall count as a required tree on the basis of two (2) palms -per tree, except as provi
herein for palms used as of street trees. No more than thirty (30) percent of the minimum i
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File Number: 09-00949zt
requirements shall be palms.
8.2.6.5.7. Existing trees required by law to be preserved on site and that meet the requirement;
Section 8.2.6.3, may be counted toward fulfilling the minimum tree requirements.
8.2.6.5.8. Prohibited and controlled tree species shall not be counted toward fulfilling minimum 1
requirements. Prohibited trees shall be removed from the site after obtaining approval of a tree rem(
permit.
8.2.6.5.9. No less than thirty (30) percent of the required trees and/or palms shall be native species.
8.2.6.5.10. No less than fifty (50) percent of the required trees shall be low maintenance and drop
tolerant species.
8.2.6.5.11. Eighty (80)_ percent of the trees shall be listed in the Miami -Dade Landscape Manual,
Miami-Da_de—Str_eet_T_r_ee_Master_P_lan_and/_or_the Univer_situ_of_Elorida_s_Low-Maintenance_Lands_c.
Plants for South Florida list.
8.2.6.5.12. In order to prevent adverse environmental impacts to existinq native plant communit
cabbage palms (Sabal palmetto) that are harvested from the wild shall not be used to satisfy minim
landscaping requirements. Only existing cabbage palms (Sabal palmetto) which are rescued fi
government approved donor sites, transplanted within the site, or commercially grown from seed shal
counted towards the minimum tree and native plant requirements.
8.2.6.5.13. When trees are planted within the right-of-way, the owners of land adjacent to the areas wl
street trees are planted must maintain those areas including the trees, plants and sod, using prur
methods specified in this Code. A covenant executed by those owners is required, or a special ta)
district must be created to maintain these areas. Where the State, County or municipality determines
the planting of trees and other landscape material is not appropriate in the public right-of-way, they r
require that said trees and landscape material be placed on private property,
8.2.6.5.14. Consideration shall be given to the selection of trees, plants and planting site to avoid seri
problems such as clogged sewers, cracked sidewalks, and power service interruptions.
8.2.6.6. Shrubs.
8.2.6.6.1. All shrubs shall be a minimum of eighteen (18) inches in height when measured immedia
after planting. Shrubs shall be provided at ratio of ten (10) per required tree. No less than Thirty I
percent of the shrubs shall be native species and no less than fifty (50) percent shall be low maintena
and drought tolerant. Eighty (80) percent of the shrubs shall be listed in the Miami -Dade Landsc
Manual, the Miami -Dade Street Tree Master Plan and/or the University of Florida's Low-Maintena
Landscape Plants for South Florida list.
8.2.6.6.2. When used as a visual screen, buffer, or hedge, shrubs shall be planted at a maxirr
average spacing of thirty (30) inches on center or if planted at a minimum height of thirty-six (36) incl'
City of Miami Page 13 of 19 Printed On: 9/9/2009
File Number.• 09-00949zt
shall have a maximum average spacing of forty-eight (48) inches on center and shall be maintained sc
to form a continuous, unbroken and solid visual screen within one (1) year after time of planting. Shr
used as a buffer, visual screen, or hedge need not be of the same species.
8.2.6.7. Vines.
Vines shall be a minimum of twelve (12) inches in length immediately after planting and may
used in _conjunction with fences, screens, or walls to meet physical barrier requirements as specif
Planting of perimeter walls with vines is recommended as a deterrent to painting of .graffiti.
8.2.6.8. Ground Cover.
Ground cover plants used in lieu of grass, in whole or in part, shall be planted in such a manne
to present a finished appearance and reasonably complete coverage within one (1) year after planting.
8.2.6.9. Mulch.
8.2.6.9.1._ Mulches shall be applied and maintained -in accordance_with th_e_most_r_ecent edition of_
Florida Yards & Neighborhoods Handbook titled "A Guide to Florida Friendly Landscaping" by
University of Florida, Institute of Food and Agricultural Sciences (UF/IFAS) and available online
http://www.floridavards.org/landscape/FYN-Handbook.pdf.
8.2.6.9.2. Cypress mulch shall not be used because its harvest degrades cypress wetlands.
8.2.7. Plant quality.
8.2.7.1. Plants installed pursuant to this Code shall conform to, or exceed, the minimum standards
"Florida Number One" as provided in the most current edition of "Grades and Standards for Nur;
Plants, Part I and II, " prepared by the State of Florida Department of Agriculture and Consumer Servic
8.2.7.2. Trees installed pursuant to this Code shall have one (1) primary vertical trunk and seconc
branches free of included bark up to a height of six (6) feet above natural grade.
8.2.8. Buffers between dissimilar land uses.
Where dissimilar land uses exist on adjacent properties, and where such areas will not be enti
visually screened by an intervening building or structure from abutting property, that portion shall
provided with a buffer consisting of a six (6) foot wall or fence with a life expectancy of at least ten 1
years, or shrubs which normally grow to a minimum height of six (6) feet. Where chain link fencing
used, shrubs shall also be required. Said buffer shall form a continuous screen between the dissin
land uses within one (1) year after planting. Buffers screening dissimilar uses shall include trees plante
a maximum average spacing of thirty (30) feet on center within a minimum five (5) foot landscaped strir
8.2.9. Landscaped areas in parking lots.
All required and/or provided surface off-street parking facilities and parking lots shall
landscaped in accordance with the following standards:
8.2.9.1. The total area of all interior landscaped areas shall not be less than ten (10) square feet
each parking space provided on the site.
City of Miami Page 14 of 19 Printed On: 9/9/2009
File Number: 09-00949zt
8.2.9.2. In order to maximize the distribution of shade, trees shall be planted throughout the inte
of the parking lot at a minimum density of one (1) tree per eighty (80) square feet of landscaped al
exclusive of parking lot buffers.
8.2.9.3. A landscaped area with a tree shall be required at the end of all parking rows, particul
when abutting an aisle or building. Planting areas for each tree shall have a minimum area of fifty I
square feet and a minimum width of five (5) feet, exclusive of the curb dimension, and shall be Plante(
covered with other landscape materials.
8.2.9.4. For each row of parking there shall be landscaped areas with trees within the first nir
(90) linear feet, and one (1) landscaped area provided with a tree for each additional ninety (90) lir
feet. When a minimum six (6) foot clear landscape area is provided between two rows of parking,
landscape areas with trees every ninety (90) linear feet is not required. This six (6) foot wide lands(
area shall be planted with trees no greater than thirty (30) feet on -center.
8.2.9.5. For each row of parallel parking there shall be a minimum of two (2) landscape areas �
tr_ees_withn _the. first. seventy-five _(.7.5) _ linear _feet, and one (1) landscape area- with -.a. tree fore
additional seventy-five (75) linear feet. The landscape areas shall be equally spaced wherever possible
8.2.9.6. All _required trees shall be of an approved shade tree variety which shall attain a minirr
mature crown spread greater than fifteen (15) feet.
8.2.9.7. All parking stalls, access aisles and driveways in a residential area shall be separated fl
any building by a minimum of thirty (30) inches and landscaped with shrubbery, ground -cover, or of
suitable material.
8.2.9.8. All parking lots adjacent to a right-of-way or private street shall be screened b,
continuous planting and/or three (3) foot high wall with a seven (7) foot landscaped strip incorporating
Planting and/or wall on private propertV.
8.2.9.9 A landscape area that is a minimum of five (5) feet in width shall be provided when parl
stalls, access aisles, or driveways are located along any side or rear lot line. The landscape areas shal
planted with a continuous hedge, and with trees no greater than thirty (30) feet on center, when
landscaped area does not abut a parking row. In certain instances, a solid and continuous masonry wa
minimum of five (5) feet in height, whose surfaces are stuccoed, painted, tiled, or textured in such a i
as to provide a decorative effect if approved, may be used in lieu of the landscape area.
8.2.9.10. These requirements are in addition to any applicable required open space as provide
this Code.
8.2.10. Stormwater retention/detention areas.
8.2.10.1. Stormwater retention/detention areas shall be designed to maximize the perimeter dimens
where feasible.
8.2.10.2. Stormwater retention/detention areas shall be planted throughout with native herbace
facultative plants, with the following exceptions:
a. In areas that are designated and actively used for play and/or picnic areas, overs
parking, or sports shall be planted with grasses which are very drought tolerant,
City of Miami Page 15 of 19 Printed On: 9/9/2009
File Number: 09-00949zt
referenced in the Landscape Manual, as well as tolerant to wet soils.
b. In areas where the minimum required stormwater retention capacity would
adversely affected.
8.2.10.3. The minimum required number of native herbaceous facultative plants shall be one (1) p
per square foot of retention/ detention area, including the slope. Minimum required herbaceous p
container size shall be one and one-half (1 1/2) inches, commonly, referred to as a liner. Sprigg
seeding, plugging, hydro -mulching or sodding with native herbaceous facultative plants grown from Ic
seed sources may be used in lieu of liners. Herbaceous plants shall be planted in such a manner a
present a finished appearance and reasonably complete coverage within one (1) year after planting.
8.2.10.4. Native facultative trees or shrubs may be used in lieu of native herbaceous facultative pla
provided that the minimum required stormwater retention capacity is not adversely affected.
8.2.11. Landscape Plan Review Criteria.
All landscape_plans_shall-be_r_evie__wed_b_y_the_Office_of_Zoning_ Where existing tr_ees_lie_wi
Natural Forest Communities, Environmental Preservation Districts, and/or Scenic Transporta
Corridors, landscape plans shall be reviewed and approved by the Historic Preservation Division of
Planning Department as prescribed in Chapter 17 of the City Code. Landscape plans shall be reviewe
accordance with Section 8.2.1 and the guidelines and illustrations provided in the Landscape Manua
well as the Guide to Florida Friendly Landscaping provided by the Florida Yards and Neighborho
Program.
8.2.12. Preparer's Certification of Landscape Compliance at time of final inspection.
8.2.12.1. A notarized Preparer's Certification of Landscape Compliance form bearing the orifi
letterhead of the designing firm and licensing number shall be submitted to and approved by the Office
Zoning prior to issuance of any Certificate of Use or Certificate of Occupancy. The notarized Prepar
Certification of Landscape Compliance form shall contain a statement, signed and sealed by
landscape architect or by person(s) authorized to prepare plans by Chapter 481, Florida Statutes,
prepared the approved plans, that the landscape and irrigation plans have been implemented and tha
requirements of this article have been met. Any changes or substitutions to the approved plan shall
approved by the original designing firm prior to the implementation of said changes and substitutions,
changes or substitutions to the approved plan shall be noted on all copies. Changes and substitution.
plant material shall be of similar quality, quantity and size, as originally approved and shall be
compliance with the intent and requirements of this code.
8.2.12.2. For a new single family or duplex residence on its own lot or applicable existing developm,
the __owner or owner's agent may certify in writing that landscape and irrigation have been insta
according to approved plan(s).
8.2.12.3. The Planning Department and the Office of Zoning shall have the right to inspect all prof
for compliance prior to issuance of a Certificate of Use or Certificate of Occupancy_
8.2.13. Landscape adjustment.
Unless otherwise required by this zoning ordinance, as amended, the Code of the City of
City of Miami Page 16 of 19 Printed On: 9/9/2009
File Number: 09-00949zt
Miami, as amended, or the Florida Building Code, as amended; Landscape Ordinance requirements
may be waived by the Planning Director pursuant to a Class II Special Permit as specified below.
8.2.13.1. Criteria to be considered in thegranting of waivers of Landscape Ordinance Requirements.
In addition to the considerations listed in Section 1305.2 and elsewhere in this ordinance, the
following shall also apply to the review of Class II Special Permits being reviewed pursuant to this
Section:
a. Waivers of Landscape Ordinance requirements may be granted when, to do so
promotes the intent of the particular district where the proposal is located; and help
mitigate any potential adverse effect of a specific proposal whose implementation is
found to be in compliance with the intent and findings of a commission approved
Planning study or conceptual plan for the subject area.
b. Waivers of Landscape Ordinance requirements may be granted when, the observance
of applicable guides and standards for which the waiver is being requested would put
the proposed project into a variance situation which is against the public interest.
8.2.13.2. Specific findings required.
Specific findinas shall be made by the Plannina Department which establish how the above
criteria are met. Additionally, any conditions, restrictions and limitations deemed appropriate by the
Planning Director shall be implemented in order to ensure compliance with the considerations set forth
above, as well as in Section 1305 of this Ordinance.
8.2.14. Landscape maintenance.
8.2.14.1. An owner is responsible to ensure that landscaping required to be planted pursuant to
chapter is installed in compliance with the Landscape requirements; maintained as to present a heal
vigorous, and neat appearance free from refuse and debris; and sufficiently fertilized and waterer
maintain the plant material in a healthy condition.
8.2.14.2. If any tree or plant dies which is being used to satisfy current landscape code requireme
such tree or plant shall be replaced with the same landscape material or an approved substitute.
8.2.14.3 Trees shall be pruned in the following manner:
a_ All _cuts shall be clean, flush and at junctions, laterals or crotches. All cuts shall be made
close as possible to the trunk or parent limb, without cutting into the branch collar or leap
a protruding stub.
b. Removal of dead wood, crossing branches, weak or insignificant branches, and sur
shall be accomplished simultaneously with any reduction in crown.
c. Cutting of lateral branches that results in the removal of more than one-third (1/3) of
branches on one (1) side of a tree shall only be allowed if required for hazard reductioi
clearance pruning
d_ Lifting of branches or tree thinning shall be designed to distribute over half of the tree m
in the lower two-thirds (2/3) of the tree.
e_ No more than one-third (1/3) of a tree's living canopy shall be removed within a one
year period.
f. Trees shall be pruned according to the current ANSI A300 Standards and the Landsc
Manual.
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File Number. 09-00949zt
8.2.15. Prohibitions.
8.2.15.1. Prohibited_ plant species. Prohibited species shall not be planted and shall be removed fi
any site which is subject to the requirements of this chapter.
8.2.15.2. Controlled plant species. Controlled species shall not be planted within five hundred (500)
of a Natural Forest Community or native habitats as defined herein.
8.2.15.3. West Indian Mahogany. West Indian Mahogany, Swietenia mahagoni, shall not be Alar
within five hundred (500) feet of a rockland hammock or pine rockland.
8.2.15.4. Tree abuse. Tree abuse is prohibited. Abused trees shall not be counted toward fulfilling
minimum tree requirements.
8.2.16. Conflicts with other ordinances or regulations.
If this_ch_apter_conflicts_with othe.r_or_dinances_or_r_egulati.ons,_the_.more_stringent..limitation_or_reguiremen
shall govern or prevail to the extent of the conflict.
8.2.17 Enforcement.
8.2.17.1. The Code Enforcement Department shall withhold approval of a final building inspection r
to the issuance of a Certificate of Use or Certificate of Occupancy until a notarized Preparer's Certifica
of Landscape Compliance form has been submitted and approved.
8.2.17.2. The Code Enforcement Department shall have the right to inspect the lands affected by
Code and is authorized to issue cease and desist orders and citations to the current owner and
Contractor, if applicable, for violations.
8.2.17.3. Failure to install or maintain landscaping according to the terms of this article shall constitui
violation of this Code. Also, failure to plant, preserve, or maintain each individual tree shall be conside
to be a separate violation of this Code. Each day in which either landscaping or individual trees are
installed or maintained according to the terms of this article shall constitute a continuing and sepal
violation of this Code. Further, failure by the current owner or the Contractor to provide the requ
landscaping and watering of such landscaping within ninety (90) days after the South Florida W;
Management District ends the emergency Phase II and Phase III water restrictions shall constitut
violation of this Code.
*11
Section 3. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is
declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective ten (10) days after approval at second reading,
unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor veto
this Ordinanc, it shall become effective immediately upon override of the veto by the City Commission.
City of Miami Page 18 of 19 Printed On: 9/9/2009
File Number.' 09-00949zt
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRU
CITY ATTORNEY
Footnotes:
{1 } Words/and or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted
and unchanged material.
{2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten
days from the date it was passed and adopted. If theMayor vetoes this Ordinance, it shall become
effective immediately upon overide of the veto by the City Commission or upon the effective date
stated herein, whichever is later.
City of Miami Page 19 of 19 Printed On: 9/9/2009