Code of Ordinances
Fort Myers, FL
Ord No. 3203
Article II Landscaping
Section 30-31
Article III Trees
The Fort Myers code starts off with basic requirements for vehicular use areas similar to those used in other communities. All parking areas of 4000 s.f. or more must have a minimum of 5% landscaped areas. Curbed landscape areas are required for every 100 l.f. of parking area with one tree for every 200 s.f. and 1 shrub for every 20 s.f. There is also a screening requirement which must be 5’ in width composed of a vegetative screen not more than 2 ½’ in height.
The VUA requirements are fairly straightforward and similar to many other codes. The code does require a shrub component within VUA islands which is often overlooked by codes. While the code specifies a VUA screen for parking adjacent to a street right of way, there is no street yard buffer requirement. The VUA screen is too narrow and low to accomplish the purpose of a street yard buffer and also leaves out trees.
This code has requirements for lawns though not thoroughly defined. All lawn areas must be sodded of xeriscaped in accordance with the South Florida Water Management District criteria. This criteria is composed of landscaping, soil improvement, efficient irrigation, correct turf use, drought tolerant plant use, use of mulches and maintenance of landscaping.
A landscape plan for all projects is required to be submitted as part of the construction drawings to obtain a building permit. A detailed plan, sketch or layout of the area is all that is required. There is no mention of who may prepare the plans.
Section 30-57 of the Fort Myers Code specifies minimum canopy requirement for new developments. A chart is provided specifying the minimum percentage of required canopy based on land use. Single family residences must have between 20-25% depending on classification while a business is only required to have a 10% canopy cover. Existing trees may contribute up to 15% of the canopy in order to promote tree preservation.
The code also specifies a street tree requirement for all new streets. These trees must be out of the right of way and maintained by the land owner. The type of tree and spacing is based on specified areas within the city, some areas require royal palms while others require live oaks. Any street tree that is damaged by excessive trimming or construction damage must be replaced by trees with equal canopy of the killed tree. Street trees may not be trimmed, cut or removed unless under the direction of the city.
Protective barriers are required around trees as listed on the protected trees list. Each type of protected tree has different requirements for the barriers.
A site plan or aerial photographs indicating percentage of tree canopy coverage is required to demonstrate that the minimum canopy requirement has been met. The plans or photographs may be submitted by a landscape architect, graduate forester, arborist, horticulturist or botanist.
This code is neither overly weak nor strong in its implementation of the landscape code. The vehicular use area requirements are fairly standard and adequate. There is a lack of any other design component such as a street yard buffer or street wall planting area that could add a great deal to this code. The use of specific trees for street tree planting is an interesting implementation for the design of the city. There are some tree protection standards and incentives to protect trees, though they are not very strong in protecting the existing environment.
Dan Farrah