The intent of this article is to require a minimum number of trees in residential areas, to establish standards for buffers required between differing land uses or zoning districts, and to provide for landscaping surrounding and within vehicular areas in high-traffic corridors. Because of the unique nature of mixed use development, this article shall not apply to a MXD Mixed Use District. Requirements for landscaping and buffers shall be established for each mixed use development as part of the development plan review process as required in section 111-87(h).

(Ord. No. 1602716-029, § 3, 6-27-2016)

In addition any other requirements herein, the following general landscaping standards shall apply to all new construction and reconstruction in the city:

(1)

Prior to issuance of a certificate of occupancy on a lot that is 70 feet or less in width, the owner shall plant at least two shade trees in the front or side yards, and at least one shade tree in the rear yard if feasible.

(2)

Prior to issuance of a certificate of occupancy on a lot that is more than 70 feet in width, the owner shall plant at least one shade tree for each 30 feet in width, and at least two shade trees in the rear yard if feasible.

(3)

Only shade trees listed in section 111-267 may be planted to comply with the requirements of this section.

(4)

Existing trees which are at least six inches in diameter may be used toward meeting the requirements of subsections (1) and (2) of this section, if the area within the dripline of the trees has been left in its natural condition and no filling, grading, excavation, or parking of vehicles or equipment, or other activity which could damage or kill the tree, has occurred within the dripline of said existing trees.

(5)

For any commercial structure containing more than 25 parking spaces there must be a landscape island every ten linear parking spaces with a shade tree listed in section 111-267.

(Ord. No. 1602716-029, § 3, 6-27-2016)

(a)

Applicability. Buffer regulations are set forth in each of the zoning district sections of article III of this chapter. A landscaping plan shall be required as part of every zoning application, special exception use application, and building permit application for construction which is required by this chapter to have a buffer.

(b)

Standards. In order to decrease incompatibility between neighboring land uses, the following standards shall apply to all buffers required by this chapter, whether the buffer is comprised of planted or natural vegetation, or a combination of planted and natural vegetation:

(1)

Prior to occupancy of the building or premises, the buffer shall provide a visually impervious barrier, uniformly dense at all heights from the ground, and a minimum of five feet above grade throughout the entire length of the buffer. Within one year after installation, the buffer shall be at least six feet above grade throughout the entire length of the buffer. The buffer shall be comprised of vegetation which meets or exceeds these minimum standards throughout the calendar year.

(2)

In the case of planted buffers, the entire surface area of the buffer shall be planted as prescribed in this section. Only evergreen plant materials may be planted within a required buffer.

(3)

Public utilities and storm drainage facilities may be constructed in a required buffer, provided the buffer is installed in compliance with the approved landscaping plan. The city may require supplemental evergreen plantings in order to mitigate the effect of land disturbance in the buffer.

(4)

The owner shall be responsible for the maintenance, repair and replacement of all landscaping materials. All plant material shall be maintained in a healthy growing condition, replaced when dead and kept free of weeds, refuse and debris.

Exception: Where there are constraints that cannot feasibly be overcome with respect to buffers for any non-conforming lot, the zoning official may allow substitution with a six-foot-tall wooden privacy fence, or a continuous, opaque vegetative screen with a minimum height of six feet at time of installation.

(Ord. No. 1602716-029, § 3, 6-27-2016)

(a)

Applicability.

(1)

The regulations of this section apply to all areas which are located within or visible from a high-traffic corridor, and used for drives; off-street parking and loading; vehicular storage, display, maneuvering and washing; and the dispensing of motor fuels (hereinafter referred to as "vehicular areas").

(2)

A landscaping plan shall be required as part of every zoning application, special exception use application, variance application and building permit application for new construction which includes vehicular areas as herein described. This section shall apply to new vehicular areas for all uses, except single-family dwellings, two-family dwellings and manufactured or mobile homes, or for any change of use For the purposes of this section, a change in use includes any non-conforming use or building that has remained vacant for six months, and any existing use that changes to any other permitted use.

(3)

Exception—existing off-street parking areas. An off street parking area which is in existence and does not conform to the provisions of this section may continue until such time as it is altered by more than 50 percent of its existing parking capacity, at which time a landscaping plan meeting the requirements of this section for the existing and new vehicular areas must be submitted for approval.

(b)

Interior vehicular areas.

(1)

Each vehicular area shall have interior landscaping covering not less than five percent of the total vehicular area, and shall include a landscape island separating every ten parking spaces. Such landscaping shall be in addition to all plantings within six feet of a building.

(2)

The primary landscaping materials used in vehicular areas shall be shade trees which comply with the standards of section 111-267. Shrubs and other planting materials may be used to complement the shade tree planting, but shall not be the sole component of the landscaping.

(3)

The interior dimensions of any planting area shall be sufficient to protect all landscaping materials planted therein.

(c)

Perimeter areas adjacent to public rights-of-way.

(1)

Only shade trees as referenced in section 111-267 may be used to comply with the requirements of this subsection (c).

(2)

A landscaped strip at least ten feet wide, which shall not include a sidewalk or trail, shall be located between the vehicular area and the public right-of-way, except where driveways cross the property line.

(3)

The entire ten-foot-wide strip shall be planted at least one shade tree for every 30 feet of frontage, and supplemented with a double staggered row of shrubs at an equivalent planting of one shrub every 36 inches on center. The shrubs shall be evergreen and a minimum of 30 inches high at the time of installation.

(4)

Landscaping shall not be planted in a manner or location which causes a hazard to vehicles entering or within the public right-of-way.

(d)

Peripheral areas adjacent to private property.

(1)

Only shade trees listed in section 111-267 may be used to comply with the requirements of this subsection (d).

(2)

A landscaped strip at least five feet wide shall be located along all property lines which separate vehicular areas and drives from adjoining property, except where driveways cross the property line.

(3)

At least one shade tree for every 30 linear feet of required landscape strip, or portion thereof, shall be planted in the landscaped strip.

(Ord. No. 1602716-029, § 3, 6-27-2016)

Commercial owners shall be responsible for the maintenance, repair and replacement of all landscaping materials required by sections 111-264 and 111-265. All plant material shall be tended and maintained in a healthy growing condition, replaced when dead and kept free of weeds, refuse and debris.

(Ord. No. 1602716-029, § 3, 6-27-2016)

Only the species of shade trees that are provided on a list maintained by the zoning official may be used to satisfy the requirements of sections 111-263, 111-264 and 111-265, which shall be published by the zoning official on the city's website. Such plantings shall be at least two inches in diameter, measured five feet above the root ball of the tree and shall be of such species as are common to the area and disease and drought resistant.

(Ord. No. 1602716-029, § 3, 6-27-2016)

A landscaping plan shall be required as part of every zoning application, special exception use application, and building permit application for new construction or reconstruction in the city. The landscaping plan shall be drawn to a scale no larger than one inch equals 50 feet and shall contain the following information:

(1)

The location and dimension of all areas proposed for landscaping and planting, including a description of the proposed plant materials.

(2)

All dimensions and distances, property lines, easements, rights-of-way and buffers.

(3)

Existing and proposed buildings and structures, including signs, trash and garbage containers and utility and drainage structures.

(4)

Bodies of water, including water detention and retention areas.

(5)

Driveways, vehicular areas, existing and proposed parking spaces, access aisles and other vehicular areas.

(6)

Sufficient information and details to demonstrate compliance with the requirements of this article.

(Ord. No. 1602716-029, § 3, 6-27-2016)

(a)

A required landscape plan shall be submitted to and approved by the city prior to the issuance of a building permit for any property subject to sections 111-263, 111-264 and 111-265. The city may accept a financial guarantee in an amount determined by the city to be not less than 150 percent of the cost of implementing the landscaping plan if all landscaping requirements are not met at final inspection. The guarantee shall be in the form of a bond, irrevocable letter of credit or certificate of deposit made payable to the city. Prior to release of the financial guarantee and prior to issuance of a certificate of occupancy, the city shall determine that the landscaping plan has been implemented.

(b)

Prior to issuance of a certificate of occupancy the owner shall comply with the plan submitted and approved by the city.

(Ord. No. 1602716-029, § 3, 6-27-2016)