The intent of this ordinance is to improve the appearance of vehicular use areas and property adjoining public rights-of-way, to promote the aesthetic character of the community and to protect the health, safety, and welfare of the community through reduction of noise, air and visual pollution, air temperature and headlight glare and to set forth responsibilities of enforcement of said ordinance.

   Landscaping shall be required as follows:

   (A)   All new building development and construction, except within R-1 Zones, but including any conditional uses within such zones;

   (B)   Existing sites:

      (1)   All new parking lot construction, including the expansion, moving or relocation of existing parking;

      (2)   Substantial additions to an existing building. SUBSTANTIAL BUILDING will be defined per the criteria established below:

 

 

      (3)   When a land use changes to a different land use requiring the construction of additional parking; and

      (4)   Perimeter landscaping is the landscape application surrounding a land use or vehicular use area. Perimeter landscaping will be required where the addition of building or parking affects adjoining properties of a more restrictive zone.

   (C)   Permitted land uses in R-1 Zones shall comply with any applicable landscaping requirements in the subdivision regulations.

   Any outdoor (open or enclosed) area used by vehicles for parking, loading/unloading, sales and/or service areas or driving in any zone other than the R-1 Zones, but including any conditional uses within such zones.

   (A)   Landscaping required to fulfill this ordinance shall be provided by the property owner.

   (B)   If an adjacent property has landscaping that fulfills the requirements for parking lot perimeter screening, and/or zone to zone, or land use to land use screening requirements, the requirement for perimeter landscaping along the common boundary may be waived if deemed appropriate by the Planning and Zoning Commission.

   (C)   All required landscaping shall be maintained by the property owner.

   When an activity or land use falls under more than one of the categories listed, the most stringent of the requirements, or a combination of the requirements may be applied, subject to the approval of the Planning Commission.

   Landscaping must be placed in the required area between the property line and the front, rear and side yard setbacks.

   (A)   A landscape plan illustrating fulfillment of these requirements shall be submitted to and approved by the city’s Planning Commission prior to the issuance of any building permits. Whenever issuance of a building permit requires prior approval of a development plan by the city’s Planning and Zoning Commission, the requirements of this ordinance shall be included on such development plan.

   (B)   The contents of the plan shall include the following:

      (1)   Plot plan, drawn to an easily readable scale no smaller than one inch equals 50 feet, showing and labeling by name and dimensions all existing and proposed:

         (a)   Property lines and easements;

         (b)   Buildings and other structures (including square footage);

         (c)   Vehicular use areas including parking stalls, driveways, service areas, square footage and the like;

         (d)   Locations of structures on adjoining parcels (where deemed necessary by the Planning Commission);

         (e)   Water outlets;

         (f)   Landscape materials including the botanical name and common name, installation size, mature size and on center planting dimensions (where applicable);

         (g)   Quantities for all plants used; and

         (h)   All existing trees and vegetation.

      (2)   Title block with pertinent names and addresses, property owner, person or firm drawing the plan, scale, date, north arrow and zoning district.

   This section describes the minimum requirements that shall be met in regard to interior and perimeter landscaping for vehicular use areas, perimeter landscaping for incompatible land use areas and landscaping for service areas.

   (A)   Perimeter landscaping requirements.

      (1)   Where vegetative and or topographic conditions that provide a natural screening or buffer effect surrounding development, every effort shall be made to retain such conditions; provided that, provision is made for maintenance of such condition to the satisfaction of the Planning Commission.

      (2)   Unless otherwise provided, landscape materials shall be installed to provide a minimum of 50% winter opacity and a 70% summer opacity, between one foot above the finished grade level to the top of the required planting, hedge, fence, wall or earthen mound, within four years after installation.

      (3)   Screening of all common boundaries is required, except on street frontage. Landscape screening in these areas shall be a minimum of eight feet in height for evergreen trees and a two-inch caliper for deciduous trees. Evergreen trees shall have a maximum spacing of 15 feet on center. If deciduous trees are used, they must be in conjunction with evergreen hedges that are no less than three feet in height. The deciduous trees shall be planted a maximum of 40 feet on center and the evergreen hedges shall be planted no more than three feet centers. All screening areas shall be no smaller than ten feet in width.

      (4)   In perimeter areas that are adjacent to streets, one tree shall be provided for every 40 feet of lineal boundary. Note the following requirements to this section. (See diagram in Appendix B.)

   (B)   Vehicular use area (VUA).

      (1)   A minimum landscape easement of four feet is required to all trees from the edge of paving where vehicles overhang and a three feet strip that prohibits any vehicular overhang for other areas. This area shall contain at least one tree per 40 feet of boundary of vehicular area, plus a three feet average height continuous planting, hedge, fence, wall or earthen mound.

      (2)   Grass or ground cover shall be planted on all portions of the easements not occupied by other landscape material.

      (3)   For vehicular sales displays, the vehicles in the display area shall be located behind a 12-inch height planting and all vehicles shall be parked at grade. Screening requirements for the remaining vehicular use areas that adjoin street frontage shall be similar to those for other uses with two exceptions: the size of trees at installation is increased; and the spacing between trees is reduced. These requirements are intended to help mitigate the glare from artificial light.

   (C)   Interior landscape areas.

      (1)   All trees having a trunk diameter of six inches or greater as measured 24 inches from ground level shall be preserved unless such trees are exempt as follows:

         (a)   Trees within public rights-of-way or utility easements;

         (b)   Trees within the ground coverage of proposed structures or within 12 feet from the perimeter of such structures;

         (c)   Trees within the driveway access to parking or service areas or proposed areas to service; and

         (d)   Trees that in the judgment of a qualified forester, horticulturist and the like are damaged, over-mature, diseased or interfere with utility lines or are inappropriate or undesirable species for the particular location.

      (2)   Any trees removed under the provisions of (C)(1)(d) above shall be replaced with new tree plantings on a one to one (1:1) basis.

      (3)   Landscaping of parking lots for more than 20 vehicles shall include landscaping equal to 10% of the parking lot areas. The landscaping areas shall have a minimum dimension of six feet and be distributed throughout the parking lot.

      (4)   Trees shall have a clear trunk of at least five feet above the ground and the remaining area shall be landscaped with shrubs, groundcover or grass, not exceeding two feet in height.

      (5)   Trees in this area shall be a minimum of two inches in caliper.

      (6)   Any service structure or accessory use shall be screened whenever abutting any Residential Zone, Professional Office Zone or when located on property that abuts public rights-of-way. Structures may be grouped together, however, screening height requirements shall be based upon the tallest structure. A continuous planting, hedge, fence, wall or earthen mound, which would enclose any service structure on all sides unless such structure must be frequently moved, in which case screening on all, but one side is required. The average height of the screening material shall be equal to the height of the tallest structure.

   (A)   Plants. All plants are to be living and be acceptable to the Hardiness Zones applicable to the city area.

   (B)   Plant materials. Plant materials used in conformance with the provisions of this ordinance shall conform to the standards of the American Association of Nurserymen. Bare root plants, with the exception of vines, shall be prohibited.

   (C)   Deciduous trees. Trees which normally shed their leaves in the fall shall be species having an average mature crown spread of greater than 15 feet in Northern Kentucky and having trunks which can be maintained with over five feet of clear wood in areas which have visibility requirements, except at vehicular use area intersections where eight feet clear wood requirements shall control. A minimum of ten feet overall height or a minimum caliper (measured six inches above ground for trees up to four- inch caliper) of at least two inches immediately after installation shall be required. Trees of species whose roots are known to cause damage to public roadways or other public works shall not be planted closer than 15 feet to such public works, unless the tree root system is completely contained within a barrier. The barrier should have a minimum interior being five feet square and five feet deep and for which the construction requirements shall be four-inch thick reinforced concrete. (A listing of acceptable deciduous trees can be found in Appendix B. Unacceptable plant materials are listed in Appendix C.)

   (D)   Evergreen trees. Evergreen trees shall be a minimum of six feet high with a minimum caliper of two inches immediately after planting, unless otherwise noted herein.

   (E)   Shrubs and hedges. Shrubs and hedges shall be at least two feet in average height when planted, unless otherwise noted herein.

   (F)   Vines. Vines shall be at least 12 to 15 inches in length at the time of planting.

   (G)   Grass. Grass of the fescue or Bluegrass family shall be planted in species normally grown as permanent lawns in Northern Kentucky. They may be sodded or seeded, except in swales or other areas subject to erosion, where solid sod, erosion reducing net or suitable mulch shall be used.

   (A)   All landscaping materials shall be installed in a sound, workmanship-like manner and according to accepted, good construction and planting procedures. The owner of the property shall be responsible for the continued maintenance of all landscaping materials, and shall keep them in a proper, neat and orderly appearance, free from refuse and debris at all times. All unhealthy or dead plant material shall be replaced within one year or by the next planting period, whichever comes first, while other defective landscape material shall be replaced or repaired within three months.

   (B)   In instances where conditions do not permit immediate planting, and a conditional certificate of occupancy is requested to be issued, the owner or developer may furnish to the city a bond in the equal to 150% of the estimated cost of all materials and labor of all required planting, regardless of how much planting remains to be done. The required bond must be in the form of cash, cashier’s check, certified check or irrevocable letter of credit from an acceptable banking institution, all payable to the city’s Planning and Zoning Commission. The cost estimated is to be prepared by the Zoning Administrator using prevailing material and labor costs. Upon receipt of the bond, a temporary certificate of occupancy shall be issued; provided, all other applicable codes are met. All planting must be installed and approved within three months from the date the temporary certificate of occupancy is issued, or the bond will be forfeited to the city, and the certificate of occupancy shall be revoked.