A.   Zone Changes Initiated By Town Council: Procedures in this section shall be in accordance with the laws of the state, this title and other town ordinances, and shall require the following action:

      1.   Study and recommendation by the planning director as to the conformance with the comprehensive plan.

      2.   Completion of a public hearing of the zone change by the town council. Zoning and planning shall be present at the hearing. Public notice of such hearing shall be given at least fifteen (15) days prior to the date of the hearing in at least one newspaper of general circulation within the town.

   B.   Zone Changes Initiated By Petition: A petition for the proposed change of the zoning district map shall be filed with the town clerk at least thirty (30) working days prior to the zoning and planning meeting at which the petition will be considered. The petition shall contain the signatures of the owners of fifty percent (50%) of the private real property within a three hundred foot (300') radius of the perimeter of the real property to be rezoned. The petition shall be reviewed by zoning and planning for conformance with the comprehensive plan.

      1.   In the event that a public entity is owner of fifty percent (50%) of the land within the radius of three hundred feet (300') of the property, it may directly petition zoning and planning for such rezoning. However, the owners of adjacent property shall be notified as provided in subsection B2 of this section.

      2.   Zoning and planning shall cause to be sent written notice of the public hearing to the property owners of record as on file in the office of the county assessor within the petitioned area at least seven (7) days prior to the date of public hearing. Failure to notify every property owner due to a clerical oversight or failure of mail delivery shall not affect the validity of the public hearing or decisions of zoning and planning.

      3.   A sign shall be posted on the property to be rezoned at least seven (7) days prior to the date of the public hearing. Such sign shall be readable from public roadways and shall contain the following information:

         a.   Title: Rezoning request no.         .

         b.   From          district to district and from          use to          use.

         c.   Date and place of public hearing.

         d.   Location of a public office where additional information can be obtained.

      4.   A fee as established by town council resolution shall be paid by the applicant.

      5.   Approvals by zoning and planning shall be forwarded to the town council for public hearing.

      6.   If zoning and planning does not approve the petition, the applicant may appeal the decision, in writing within ten (10) calendar days from the date such written decision is filed with the town council. The town council will establish a public hearing date to review all pertinent information concerning the zone change upon receipt of such appeal. (Ord. 2012-1, 4-17-2012)

Zoning and planning shall hold a public hearing on all qualified applications submitted by the owner of private or public real property for variances and appeals. The following special conditions are required:

   A.   Petitions: Petitions for variances to this title shall contain the signatures of the owners of fifty percent (50%) of the private real property within a three hundred foot (300') radius of the perimeter of the real property affected. The petition must be in the office of the town engineer at least fifteen (15) working days prior to the meeting of zoning and planning.

   B.   Notice To Adjacent Property Owners: Upon receipt of petitions for variances to this title, the applicant shall mail a written notice of the hearing, either by certified or registered mail, at least thirty (30) days prior to the hearing date to all owners of private property within three hundred feet (300') of the radius of the real property in question. Failure to notify every property owner due to clerical oversight or failure of mail delivery shall not affect the validity of the hearing or determination of zoning and planning. U.S. postal service proof of delivery receipts shall be turned in to the town clerk no later than one day prior to the date set for the public hearing, as verification that the above subsection and paragraph have been complied with.

   C.   Public Entity As Petitioner: In the event that a public entity is the owner of fifty percent (50%) of the land within the radius of three hundred feet (300') of the subject property, it may directly petition zoning and planning for such variance. However, the owners of adjacent property shall be notified as provided in subsection B of this section.

   D.   Notice Erected On Property: Upon receipt of petitions for variances to this title, zoning and planning shall cause a sign to be posted on the property affected at least seven (7) days before the hearing; such sign to be readable from public roadways and containing the following information:

      1.   Case number and zone affected.

      2.   Nature of variance requested.

      3.   Date and place of public hearing.

      4.   The location of a public office where additional information can be obtained.

   E.   Variance Fee: Upon submission of an application for a variance, a fee of fifty dollars ($50.00), as established by town council, shall be paid by the applicant to the town.

   F.   Variance Criteria: Variances may be granted by the town in order to vary from the strict application of any of the requirements of this title in the case of a physical condition applying to a lot or building if the strict application would deprive the owner of the reasonable use of the land or building involved. No adjustment in the strict application of any provision of an ordinance may be granted unless:

      1.   There are special circumstances or conditions, fully described in the town's findings, which are peculiar to the land or building for which the adjustment is sought and do not apply generally to land or buildings in the neighborhood, and have not resulted from any act of the applicant subsequent to the adoption of this title;

      2.   The circumstances or conditions are such that the strict application of the provisions of this title would deprive the applicant of the reasonable use of the land or building, the granting of the adjustment is necessary for the reasonable use thereof and the adjustment as granted is the minimum adjustment that will accomplish this purpose; and

      3.   The granting of the adjustment is in harmony with the general purposes and intent of this title and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.

The zoning and planning commission is required to determine findings of fact and conclusions of law. No variances to the ordinance shall be recommended by the commission unless it finds that:

      1.   There are exceptional or extraordinary circumstances and conditions, which are peculiar to the land or building, and which do not generally apply to land or buildings in the neighborhood, and literal application of this title to the applicant's property will result in unnecessary hardship.

      2.   The hardship is due to unique circumstances and that the difficulties facing the applicant are different from those of neighboring properties.

      3.   The variance will not authorize a use other than those uses specifically listed as permitted or conditional uses in the zoning district in which the variance is sought.

      4.   The variance will not result in a gain in use, service, or income for the applicant to a greater extent than available to other landowners in the vicinity.

      5.   Granting the variance will not merely serve as a convenience for the applicant but is necessary to alleviate a proven hardship related to the property.

   G.   Action Time Line: Unless otherwise stated in the minutes of zoning and planning, all variances shall be valid for and must be acted upon within six (6) months.

   H.   Appeals: Appeals from decisions of zoning and planning shall be made to the town council. (Ord. 2012-1, 4-17-2012)

No premises or building shall be constructed or used within any zoning district as a conditional use until the owner has obtained a conditional use permit from zoning and planning.

   A.   Petitions: Petitions for conditional uses shall contain the signatures of the owners of fifty percent (50%) of the private real property within a three hundred foot (300') radius of the perimeter of the real property affected. The petition must be in the office of the town engineer at least thirty (30) working days prior to the meeting of zoning and planning.

   B.   Notice To Adjacent Property Owners: Upon receipt of petitions for conditional uses, the applicant shall mail a written notice of the hearing, either by certified or registered mail, at least seven (7) days prior to the hearing date to all owners of private property within three hundred feet (300') of the radius of the real property in question. Failure to notify every property owner due to clerical oversight or failure of mail delivery shall not affect the validity of the hearing or determination of zoning and planning. U.S. postal service proof of delivery receipts shall be turned in to the town clerk no later than one day prior to the date set for the public hearing, as verification that the above subsection and paragraph have been complied with.

   C.   Public Entity As Petitioner: In the event that a public entity is the owner of fifty percent (50%) of the land within the radius of three hundred feet (300') of the subject property, it may directly petition zoning and planning for such conditional use. However, the owners of adjacent property shall be notified as provided in subsection B of this section.

   D.   Notice Erected On Property: Upon receipt of petitions for conditional uses, zoning and planning shall cause a sign to be posted on the property affected at least seven (7) days before the hearing; such sign to be readable from public roadways and containing the following information:

      1.   Case number and zone affected.

      2.   Nature of conditional use requested.

      3.   Date and place of public hearing.

      4.   The location of a public office where additional information can be obtained.

   E.   Conditional Use Permit Fee: Upon submission of an application for a conditional use permit, a fee of fifty dollars ($50.00), as established by town council, shall be paid by the applicant to the town.

   F.   Action Time Line: Unless otherwise stated in the minutes of zoning and planning, all conditional use permits shall be valid for and must be acted upon within six (6) months.

   G.   Permit Runs With Land: Conditional use permits run with the land and succeed to the benefit of subsequent owners subject to the terms and conditions of the permit. The permit is subject to review and possible revocation for noncompliance with the terms of the permit or other violations of this code.

   H.   Appeals: Appeals from decisions of zoning and planning shall be made to the town council. (Ord. 2012-1, 4-17-2012)

   A.   Certificate Required: Only persons holding a current childcare certificate may be granted a conditional use permit.

   B.   Application For Conditional Use Permit, Contents: Any person holding a current childcare certificate or other evidence of permission from the state department of health and social services may file an application for a conditional use permit to operate a childcaring facility with the mayor's authorized representative setting forth the following:

      1.   The person's name.

      2.   Certificate number or other identifying information or other evidence of permission.

      3.   Location of the childcaring facility.

      4.   The type of childcaring facility.

      5.   Number of children to be cared for.

   C.   Public Hearing: The town council will set the application for public hearing and shall notify the owners of land within three hundred feet (300') of the location of the filing of the application and the day of hearing and that any objections must be in writing.

   D.   Issuance Of Conditional Use Permit: After the hearing on the application, the town council may issue a conditional use permit with any special restrictions placed thereon. If there is a protest against the issuance of the permit, signed by the owners of twenty percent (20%) or more of the lots immediately adjacent to the location within a distance of one hundred forty feet (140'), the permit may be issued only upon the affirmative vote of three-fourths (3/4) of all members of the governing body. In determining the one hundred forty feet (140'), the width of any intervening street or alley shall not be included.

   E.   Term Of Conditional Use Permit: A conditional use permit issued pursuant hereto shall be valid for a period of one year and shall be automatically terminated if the certificate shall expire, be revoked or otherwise be no longer in force or effect. Any person holding a conditional use permit shall make application annually for its renewal within thirty (30) days of its expiration. The town council may, at its discretion, set the application for renewal for public hearing or may, without further procedures, grant the renewal. (Ord. 2012-1, 4-17-2012)

   A.   Accessory Buildings And Uses Described: An accessory building and use is a subordinate use of a building, other structure or tract of land, or a subordinate building or other structure which:

      1.   Is clearly incidental to the use of the principal building, other structure or use of land.

      2.   Is customary in connection with the use of the principal building, other structure or use of land.

      3.   Is located on the same lot with the principal building, other structure, or use of land.

      4.   Will, in the case of an accessory building, adhere to the following:

         a.   Be constructed only after the principal building is in place.

         b.   The external appearance of accessory buildings greater than one hundred twenty (120) square feet in area shall conform to the principal building in the following manner:

            (1)   Siding materials shall be the same color and type or similar (e.g., wood).

            (2)   Roof materials shall be same color and type or similar (e.g., shake).

         c.   Size limitations:

            (1)   For zones R-1, R-2, and R-3:

 

 

            (2)   For zones R-5 and R-6:

 

 

         d.   Accessory buildings over one hundred twenty (120) square feet in area are required to adhere to published setbacks. Per international building code, building permits are required for all accessory buildings greater than one hundred twenty (120) square feet in area.

         e.   Accessory buildings less than one hundred twenty (120) square feet in area but which are permanently attached to the ground, or otherwise permanent in nature are required to adhere to published setbacks and, per international building code, are not required to obtain building permits.

         f.   Accessory buildings less than one hundred twenty (120) square feet in area, skid mounted, are not required to adhere to published setbacks and, per international building code, are not required to obtain building permits.

         g.   No permanent accessory building or portion thereof shall be built upon a public easement.

         h.   No part of any accessory structure shall be located closer than ten feet (10') to any principal structure on the same or adjacent lot.

   B.   Permitted Accessory Buildings And Uses: Accessory buildings and uses may include, but are not limited to, the following:

Fallout shelters.

Garages.

Private greenhouses.

Private swimming pools.

Storage sheds.

   C.   Number On A Lot: The number of accessory buildings on any residential lot shall be limited to a total of three (3) at least two (2) of which must be under one hundred twenty (120) square feet. (Ord. 2012-1, 4-17-2012)

   A.   Conditions Required: A home occupation may be allowed as a permitted accessory use provided all of the following conditions are met:

      1.   The use shall be conducted entirely within a dwelling and carried on by the inhabitants living there with not more than one other employee.

      2.   The use shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes and shall not change the character thereof.

      3.   The total area used for such purposes shall not exceed one- half (1/2) the floor area of the user's dwelling unit.

      4.   There shall be no exterior advertising other than identification of the home occupation by a sign which shall be attached to the dwelling and shall not exceed one square foot in area and which shall not be illuminated.

      5.   There shall be no offensive noise, vibration, smoke, dust, odors, heat, or glare noticeable at or beyond the property line.

      6.   A home occupation shall provide additional off street parking area in accordance with this title 1 .

      7.   There shall be no outside storage of any equipment, supplies, or building materials in a residential district used in conjunction with a home occupation.

   B.   Home Occupations Permitted: In particular, a home occupation may include, but is not limited to, the following, provided all requirements contained herein are met: art studio, dressmaking or millinery work, professional office, office for insurance or real estate sales, teaching of not more than ten (10) students at any one time and the renting of rooms to not more than two (2) persons per dwelling, and other uses as determined by zoning and planning to be compatible with the intent and purpose of the zoning district.

   C.   Occupations Prohibited: A home occupation shall not be interpreted to include uses that conflict with the intent and purpose of the zoning district where the use is proposed, generate traffic volumes beyond what is commonly found in the district or produce other conflicts that cannot be mediated. Prohibited uses include, but are not limited to: animal hospital, nursing home, restaurant, tourist home or personal service shops.

   D.   Enforcement: If a complaint is filed with the building official by a property owner within a radius of three hundred feet (300') of the property, a public hearing before zoning and planning shall be required to determine the continuance of the home occupation. (Ord. 2012-1, 4-17-2012)

Fences, walls, and hedges are permitted in accordance with the following limitations:

   A.   Fence Permits Required: No fence or wall shall be constructed or modified without the owner first obtaining a fence building permit.

      1.   Business and industrial districts permit application: No fence or wall shall be constructed or modified without a representative of the business applying for the fence permit first appearing before zoning and planning to present their fence design and construction for approval. If the fence design and construction meet with approval, zoning and planning shall recommend that a fence building permit be issued by the town.

      2.   Business and industrial districts; restrictions: In the event that a chainlink fence is constructed, the fence shall be constructed in such a way that all sharp points are pointed down.

   B.   Regulations In All Districts:

      1.   Prohibited Fences: No electrically charged or sharp pointed metal fences shall be allowed anywhere within the town, except as hereinafter stated. With the approval and concurrence of the town zoning and planning commission, a barbed wire security fence may be placed atop a six foot (6') chainlink fence, which shall be of a height of not less than six feet (6') throughout its entire length, in business and industrial districts. Additionally, any approved chainlink/barbed wire security fence, once constructed or modified, shall not, at any point along its entire length, encroach into the vertical plane of an adjacent landowner's property line. In the event an approved chainlink/barbed wire security fence does encroach into and/or through the vertical plane of an adjacent landowner's property line, any costs associated with the elimination of the encroachment shall be borne by the individual or entity owning the property upon which the fence is located.

      2.   Vision Clearance At Intersections: At any corner formed by intersecting streets, it shall be unlawful to install any fence or wall or set out any hedge or shrubbery, natural growth or other obstruction taller than three feet (3') within the triangle formed by the property lines of the intersecting streets drawn from the point of intersection back a distance of twenty five feet (25') with a line drawn to form a triangle.

      3.   Tree Branches: Tree branches which overhang the public sidewalk shall be kept trimmed to a height of at least eight feet (8') above the sidewalk level. Tree branches that overhang the public street shall be kept trimmed to a height of not less than fourteen feet (14').

   C.   Residence And PUD Districts; Height And Setback Requirements:

      1.   A fence, wall or hedge, or combination thereof, shall not exceed six feet (6') in height when located between the front building line and the rear lot line.

      2.   Any fence or wall, or combination thereof, thirty six inches (36") or less in height, constructed between the front building line and the street, shall be considered as being in compliance with this section.

      3.   Any fence or wall, or combination thereof, over thirty six inches (36") in height to a maximum of seventy two inches (72") in height, constructed between the front building line and the street, shall, within a distance of twelve feet (12'), be reduced in height to thirty six inches (36") high. A minimum reduction in height of three inches (3") or more per running foot shall reduce the fence to a height of thirty six inches (36") for the remaining thirteen feet (13') to the front property line.

      4.   The distance between the front property line and the front building line shall be a distance of twenty five feet (25'). (Ord. 2012-1, 4-17-2012)

For the purpose of reducing noise and protecting visual property, screening and/or landscaping shall be required on nonresidential property when such property adjoins residential property.

   A.   Buffering, with a minimum of six feet (6') in height, shall be provided along the total common lot line, excluding setbacks. Buffering may consist of a masonry or concrete wall, wooden fence or a planting screen. Plans for such screening shall be filed with the application for a site plan and approved by the town engineer, with right of appeal to zoning and planning. Compliance with such plans shall be enforced by the building official.

   B.   No buffering or screening will be required where a natural change of grade or other natural feature screens the view. (Ord. 2012-1, 4-17-2012)

   A.   Site Plan Defined: "Site plan" is defined as a plot plan of the entire area to be developed and shows location and size of buildings, the area of the land under consideration, street names and widths, parking area size, and all other items required on the attached site plan checklist.

   B.   Site Plan Required: A site plan is required for all PUDs, all new multi-family residential buildings consisting of sixteen (16) or more living units, all new public, commercial and industrial buildings including churches, and all exterior additions to existing public, commercial, and industrial buildings, including churches.

   C.   Site Plan Applications:

      1.   Goals: The goal in requiring site plans is to beautify and improve the quality of life in the town and to ensure compliance with the town subdivision regulations and zoning ordinance 1 .

      2.   Objectives: The site plan requirements and procedures for the town are designed to meet the following objectives:

         a.   To ensure compliance with parking, setback, minimum lot and area, and all other requirements of the zoning ordinance and subdivision regulations, and all drainage, safety, Wardwell water and sewer district, natural hazards, traffic and easement provisions required by town rules, regulations and plans;

         b.   To provide a smooth transition between adjoining properties;

         c.   To facilitate the review of new developments by appropriate government agencies of the town;

         d.   To streamline the development application, review and approval processes.

   D.   Site Plan Procedures:

      1.   Persons submitting site plans are required to discuss their proposals and the site plan application with the town engineer prior to submitting an application for review. A landscaping plan and site plan must be approved prior to issuance of any building permit. An approved landscaping plan must be forwarded to the building official prior to his issuing any building permits.

      2.   After the required owner/staff meeting, a complete site plan application must be submitted to the town engineer, consisting of:

         a.   The original and two (2) copies of the site plan application form.

         b.   Four (4) copies of a site plan containing all information required on the attached site plan checklist.

         c.   For those sites having a total land area of ten thousand (10,000) square feet and over, a drainage plan showing how surface drainage will be taken care of and what effect the surface drainage will have on the area under consideration and all abutting areas.

         d.   For commercial and industrial sites having a land area of ten thousand (10,000) square feet and over and for residential sites consisting of twenty (20) or more units, a traffic study which provides:

            (1)   The estimated traffic generated from the proposal and its effects;

            (2)   Two (2) copies of a complete analysis showing how traffic is generated from the development and how the traffic will be taken care of by the existing road network;

            (3)   Identification of any private and/or public roadways proposed and the widths of these roadways; any necessary widening of roadways; and the recommended geometric design of roadways; or

            (4)   If, in the opinion of the town engineer and zoning and planning, a traffic study is not needed due to the proposed land use, this requirement may be waived.

         e.   Natural hazards shall be defined and proper action shall be taken to alleviate the problems.

         f.   Buffering measures for the areas of transition between all multi-family, townhouse and condominium dwellings adjacent to single-family dwellings and for all PUD, commercial, industrial and multi-family developments.

      3.   The procedure for submittal, approval or denial and appeal for PUD site plans is set forth in chapter 8 of this title, including all amendments and/or revisions.

      4.   Site plan applications for new public, commercial and industrial buildings, including churches, and all exterior additions to existing public, commercial and industrial buildings, including churches, and multi-family developments of sixteen (16) or more units, must be approved by zoning and planning and follow the procedure outlined below. Applications must be submitted to the town hall by five o'clock (5:00) P.M. at least fifteen (15) working days prior to the zoning and planning meeting at which the application is to be considered.

         a.   Within fifteen (15) working days of submittal, the town engineer will review the application for conformance with the complete site plan application requirements. If the application does not conform to these requirements, the application will be returned to the owner within the fifteen (15) day period. The town engineer will notify the owner first by telephone, and then in writing, if the application is determined to be incomplete. Written notification shall include the reasons upon which the determination was made and shall list items needed for the site plan, the drainage study and/or the traffic study to be complete. If the application is complete, it shall be officially accepted and the date of acceptance noted on all copies.

         b.   An application which is determined to be incomplete shall not be placed on the zoning and planning agenda at which it was originally intended to be considered. An application that is returned must be resubmitted in complete and accurate form at least fifteen (15) working days prior to the zoning and planning meeting at which the application is to be considered. The application will be reviewed in compliance with requirements as stated in the above procedures.

         c.   The town engineer will notify the owner, in writing, at least five (5) calendar days prior to the zoning and planning meeting at which the application will be considered. In addition, a meeting will be scheduled between the owner and the town engineer to discuss the staff's written comments to zoning and planning.

         d.   The application will then be considered by zoning and planning at its meeting. The town engineer review comments will be submitted at the zoning and planning meeting. The owner will be given the opportunity to discuss the site plan with zoning and planning and other comments regarding the site plan may be made.

         e.   Zoning and planning shall then take one of the following actions:

   Approve,

   Approve with contingencies,

Deny, or

   Table discussion of the application.

         f.   If the site plan application is approved or approved with contingencies, the owner shall be required to sign a site plan agreement stating terms of approval and his willingness to comply with those terms. If the application is tabled, it shall be considered at the next regularly scheduled zoning and planning meeting and a decision to approve, approve with contingencies or deny shall be made. Appeal of decisions may be made in writing to the town council within ten (10) calendar days of the zoning and planning meeting at which the decision is made.

         g.   The town council may consider the appeal at the next regularly scheduled town council meeting to be held after receipt of the written appeal. Within fifteen (15) working days of the town council meeting at which the appeal was heard, the town council should make a final determination upon the appeal.

   E.   Site Plan Checklist:

      1.   Prepared By: Site plans must be prepared by one of the following: architect, engineer, licensed civil engineer, land surveyor, planner or a drafting technician.

      2.   Checklist: All items on the following checklist must be addressed on a site plan or documented as to why they are unnecessary. If the town engineer determines sound technical and/or planning principles do not permit the deletions, he will notify the owner. All proposed items addressed on the checklist must be included on the finished physical development exactly as designated on the approved site plan:

 

(Ord. 2012-1, 4-17-2012)

   A.   General Provisions:

      1.   Purpose And Intent: This section is intended to provide uniform standards for the development and maintenance of landscaping of private residential properties.

The town recognizes that landscaping can be a significant expense to residents. At the same time, landscaping improves the livability of residential neighborhoods, increases property values, contributes to the image and appeal of the overall community, controls soil erosion and can reduce air and noise pollution. The intent is for these individuals to develop and maintain their property in a manner they prefer and for the right of town residents to live and recreate in pleasant and attractive surroundings.

      2.   Objectives: Landscaping shall mitigate the visual harshness and summer heat gain within open areas, screen objectionable and higher intensity uses from lower intensity uses, enhance the appearances of structures and enhance the appearance of the town.

   B.   Definitions: General definitions are as found in section 8-2-1 of this title.

    LANDSCAPING: Any combination of living plants, such as trees, shrubs, vines, ground cover, flowers or grass; natural features such as rock, stone, bark chips or shavings; and structural features, including, but not limited to, fountains, reflecting pools, outdoor artwork, screen walls, fences or benches.

   C.   General Requirements: "Landscaping", as defined in this section, is required for all new buildings and additions over five hundred (500) square feet. Said landscaping shall be completed within one year from the date of occupancy of the building and shall adhere to the following regulations:

      1.   Yards:

         a.   Front Yards: Front yards required by this code shall be completely landscaped, except for those areas occupied by access driveways, walls, and structures.

         b.   Street-Side Side Yards: All street-side side yards shall be completely landscaped, except for those areas occupied by utilities, access driveways, walls, or structures.

      2.   Maintenance: All live landscaping required by this code shall be properly maintained. All dead or dying landscaping shall be replaced within one growing season and all sodded areas mowed, fertilized, and irrigated on a regular basis. (Ord. 2012-1, 4-17-2012)

   A.   General Provisions:

      1.   Application Of Section: This section shall apply to construction undertaken in the R-4, B-1, B-2, I-1 and I-2 zone districts.

      2.   Purpose And Intent: This section is intended to provide uniform commercial standards for the development and maintenance of the landscaping of private property and public rights of way.

      3.   Objectives: Landscaping shall enhance the streetscapes along the town's public rights of way with an emphasis on trees, to define and separate vehicular and pedestrian traffic areas, screen the appearance of parking areas from public rights of way and adjacent properties, mitigate the visual harshness and summer heat gain within parking areas, screen objectionable and higher intensity uses from lower intensity uses and enhance the appearance of structures.

   B.   Definitions: General definitions are as found in section 8-2-1 of this title.

    LANDSCAPED SETBACK: A minimum required landscaping space on private property which is adjacent to a property line common to a street right of way or another property. Driveways and sidewalks to afford limited access may be allowed to interrupt this required space.

   LANDSCAPING: Any combination of living plants, such as trees, shrubs, vines, ground cover, flowers or grass; natural features such as rock, stone, bark chips or shavings; and structural features, including, but not limited to, fountains, reflecting pools, outdoor artwork, screen walls, fences or benches.

   C.   Landscape Plan Requirements: A landscape plan shall be submitted for the town's review and be approved as part of any required plan review and approval or as a part of any building permit application package for any new development project. The following information shall be included in the landscape plan:

      1.   North arrow.

      2.   Indication of scale (for example, 1 inch equals 20 feet or a bar scale).

      3.   Existing and proposed contours adequate to identify and properly specify landscaping for areas needing slope protection, as well as adequate to depict any screening of parking areas. Such information may be on a drawing separate from the planting plan.

      4.   Project data information including the total square footage of the property; the square footage of the building areas, parking and other vehicular use areas, and landscaped areas (including required subareas such as internal landscaping areas); the total number of open vehicular parking stalls; and the total number of proposed units in a commercial development project.

      5.   The existing and proposed zoning of the subject property and the existing zoning on surrounding properties.

      6.   The location of all structures, light standards, retaining walls, fences, exterior parking and loading areas, pedestrian walks or paths, pedestrian oriented areas, vehicular drives, stormwater detention areas, and other manmade elements. A description of all required structures for screening purposes.

      7.   Delineation of the corner visibility triangle areas required under subsection 8-3-7B2 of this chapter.

      8.   The general location, type, and size of major existing plant materials with information as to which such materials shall be removed and which shall be retained or relocated.

      9.   The general location, type, quantity, and plant spacing of proposed plant and other landscape materials.

   D.   Landscape Material Specifications:

      1.   Plant Size And Materials: The minimum planting and installation size and characteristics of plant materials that are required by this section shall be as follows:

 

 

      2.   Varieties: The minimum number of varieties of trees that are required by this section shall be as follows:

 

 

   E.   Landscape Requirements:

      1.   Depth Of Setback: Minimum depth of landscaped setback:

         a.   Adjacent to a major arterial, expressway, or freeway on the town's major thoroughfare plan, twenty five feet (25').

         b.   Adjacent to a minor arterial on the town's major thoroughfare plan, twenty feet (20').

         c.   Adjacent to any nonarterial street, ten feet (10').

         d.   Adjacent to a nonstreet boundary of the zone district, no minimum depth requirement; however, must provide for required nonstreet boundary trees discussed below or may need to provide buffer requirements discussed in subsection E3 of this section.

      2.   Number Of Trees: Minimum number of trees in landscaped setbacks and nonstreet boundaries:

         a.   Adjacent to a major arterial, expressway or freeway on the town's major thoroughfare plan, a minimum of one tree for every twenty feet (20') of frontage of the property within the zone district.

         b.   Adjacent to a minor arterial on the town's major thoroughfare plan, a minimum of one tree for every twenty five feet (25') of frontage of the property within the zone district.

         c.   Adjacent to any nonarterial street, a minimum of one tree for every thirty feet (30') of the property within the zone district.

         d.   Adjacent to any nonstreet (interior) boundary, a minimum of one tree for every thirty feet (30') of nonstreet (interior) boundary of the zone district. These trees do not need to be located in a landscaped setback of a minimum size but shall be in planters of sufficient size and design to accommodate the growth of the trees and to prevent damage to the trees by vehicles. The planter specifications shall be consistent with the requirements of this section.

         e.   These required landscaped setback and boundary trees may be clustered along a particular frontage or boundary. The trees shall be selected from the list of tree types available at the town hall that are commonly known to grow in the area.

         f.   The required landscaped setback trees may be located in landscaped setback with a depth greater than the minimum required depth; however, in any case the required trees shall be located within fifty feet (50') of the street side property lines. The required boundary trees shall be located within fifty feet (50') of the nonstreet (interior) boundary of the zone districts.

         g.   The required landscaped setback trees shall be located in the adjacent public right of way area if: 1) the town engineer's standards for street trees are met in the case of a town street; 2) the district engineer approves the trees in the case of a state highway; and 3) no conflicts exist within utility easements.

         h.   The required landscaped setback trees may be permitted to be located in the adjacent public right of way area if these trees cannot be placed in the landscaped setback area due to the existing development of the site. However, such trees are required only to the extent that: 1) the town engineer's standards for street trees are met in the case of a town street; 2) the district engineer approves the trees in the case of a state highway; and 3) no conflicts exist within utility easements.

         i.   The landscaped setback requirements in this section are superseded, where applicable, by the front yard parking regulations in subsection F of this section. The parking requirements may cause a greater landscaped setback than required by this section.

      3.   Required Buffers:

         a.   Buffer between nonresidential and residential districts separated by nonarterial street:

            (1)   Where Required: Such a buffer is required along the street side property line in any nonresidential project in any zone district where such a project is separated from a residential district by a nonarterial street. Nonarterial streets are those not designated as arterial streets on the town's major thoroughfare plan. Public alleys are also considered nonarterial streets for the purposes of this subsection.

            (2)   Design Standards: Such a buffer shall be a minimum of fifteen feet (15') in depth. The minimum number of trees in such a buffer shall be one tree for every fifteen feet (15') of the frontage length of the buffer. A minimum of one-third (1/3) of the trees shall be evergreen trees. These requirements may effectively increase the depth and number of the trees of the minimum required landscaped setback in subsections E1 and E2 of this section.

An opaque structure with a minimum height of six feet (6') is required along the inside edge (private property side) of the buffer. This buffer area shall require a ground covering with a minimum of seventy five percent (75%) in living plant materials.

         b.   Buffer between adjacent nonresidential and residential projects and adjacent multi-family residential and single- family/two-family residential projects:

            (1)   Where Required: Such a buffer is required in the following situations:

   (A) Along the common property line in any nonresidential project in any zone district where such a project is adjacent to any residential zone district.

   (B) Along the property line in any multi-family project (a project with 3 or more dwelling units in 1 building) in any zone where such a project is adjacent to a one-family or two-family zone district.

            (2)   Design Standards: Such a buffer shall be a minimum of fifteen feet (15') in depth. The minimum number of trees in such a buffer shall be one tree for every fifteen feet (15') of length of the buffer. A minimum of one-third (1/3) of the trees shall be evergreen trees. An opaque structure with a minimum height of six feet (6') is required along the common property line.

This type of buffer is not required to consist of a minimum percentage in ground covering by living materials. However, that portion of the buffer area in a ground covering by nonliving materials shall be covered with bark, wood chips, rock, stone, or other materials.

      4.   Required Internal Landscaping:

         a.   Purpose: Internal landscaping requirements are intended to augment the boundary landscaping requirements (such as landscaped setbacks and buffers) and parking lot landscaping requirements. The purpose of internal landscaping is to visually soften the mass of buildings and to visually separate building areas from parking areas. The town recognizes that flexibility in the design of spaces and tree selection is needed. This flexibility is needed because of: 1) the diversity of building designs; 2) the possible limitations on plant selections due to building foundation problems posed by the root growth of some trees; and 3) building foundation problem posed by the irrigation of expansive soils.

         b.   Requirements For Multi-Family Projects (A Project With 3 Or More Dwelling Units In 1 Building) In Any Zone District:

            (1)   Minimum internal landscaping area, a minimum of fifteen percent (15%) of the site's net area (site's area excluding adjacent public streets).

            (2)   Minimum number of trees in the internal landscaping area, a minimum of one tree for every five hundred (500) square feet of the required minimum internal landscaping area.

         c.   Requirements For Nonresidential Projects In Any Zone District:

            (1)   Minimum internal landscaping area, a minimum of five percent (5%) of the site's net area (site's area excluding adjacent public streets).

            (2)   Minimum number of trees in the internal landscaping area, a minimum of one tree for every five hundred (500) square feet of the required minimum internal landscaping area.

            (3)   Up to one-half (1/2) of the required trees may be substituted by shrubs adjacent to retail storefronts where the view of wall signs may be obstructed. Ten (10) shrubs with a minimum container size of five (5) gallons shall be provided for each tree that is replaced.

         d.   Standards For The Minimum Internal Landscaping Area And Minimum Number Of Trees:

            (1)   Location Of The Minimum Area: To be credited toward the minimum internal landscaping area requirement, a landscaping area shall be located as follows:

   (A) Adjacent to those building elevations which form the major public views of the project from adjacent streets and properties and to the users of the project; or

   (B) Within a plaza or courtyard between buildings or portions of buildings; or

   (C) In a space provided to separate building areas from parking areas; or

   (D) In a similar location which substantially conforms to the stated purpose of the required internal landscaping area (see above), if approved by zoning and planning.

The location of spaces credited toward the minimum internal landscaping area requirement shall be consistent with the policies articulated herein.

The minimum internal landscaping area and its minimum number of trees may not consist of spaces or trees which are proposed to meet the minimum requirements of other subsections of this section, such as landscaped setbacks, buffers, or parking lot trees.

            (2)   Design Standards: The minimum required internal landscaping area shall consist of a minimum of fifty percent (50%) in ground covering by living grass or other plant materials. This percentage provides flexibility where plants and their irrigation should be limited next to building foundations.

The intent of the internal landscaping area is to provide relief from structures and hard surfaces in a project through the use of plantings. Therefore, sidewalks that provide basic pedestrian circulation only shall not be credited toward the minimum internal landscaping area requirement. Paved plazas may be credited to a maximum of fifty percent (50%) of required internal landscaping area if such plazas have trees that provide visual relief to those building elevations that form the major public views of the project.

To provide for flexibility of design in the minimum internal landscaping area, the developer may select the types of and the planting spaces between the required trees. However, the trees shall be selected from the tree types that are commonly known to grow in the Bar Nunn area. The planting spacing should allow for the growth characteristics of the trees without adversely affecting the maintenance of structures, walks or drives.

The minimum planting sizes of trees shall comply with the specifications provided in subsection D of this section.

      5.   Percentage In Living Materials: Unless otherwise specified, any required landscape area, such as a minimum landscaped setback, shall consist of a minimum of seventy five percent (75%) in ground covering by living grass or other plant materials. The minimum planting sizes and spacings of shrubs and ground covers to meet a ground covering requirement shall be consistent with a landscape policy manual, prepared by zoning and planning. The foliage crown of trees shall not be used in the seventy five percent (75%) or other required percentage calculation. The remaining twenty five percent (25%) of the required landscape area may be covered with bark, wood chips, rock, stone or similar materials.

      6.   Other Landscape Regulations:

         a.   Landscaping shall not conflict with the traffic visibility requirements in subsection 8-3-7B2 of this chapter.

         b.   The use of artificial trees, shrubs, vines, turf or other plants as an outside landscape material is prohibited.

         c.   Clumps of trees (such as aspen, Populus tremuloides), where used, are encouraged instead of single trunk trees. However, such a clump shall be credited as only one of the required trees.

         d.   Landscaping shall not interfere with the general function, safety or acceptability of any gas, electric, water, sewer, telephone or utility easement. Landscaping shall be limited to an eight inch (8") mature height within three feet (3') of a fire hydrant.

         e.   Refuse collection areas, including trash bins, shall be screened from view from adjacent properties and streets by the use of a wall or fence of an opaque design or other architectural elements, or dense evergreen planting with a minimum planting height of four feet (4').

         f.   Loading docks, vehicle repair bays and vehicle fueling areas shall be screened from view from adjacent properties and streets by the use of plantings, berms, walls, fences or other architectural elements.

         g.   The existing indigenous vegetation on that site is encouraged to be retained in a development project and may be credited toward required landscaping in this section.

         h.   Where a calculation of a requirement results in a fractional number (such as 14.2 required trees), the requirement shall be considered the next greatest whole number (such as 15 required trees).

         i.   Where two (2) different landscape requirements apply (for example, a buffer and a landscaped setback), the greater requirements shall be met (for example, the buffer).

         j.   Landscaping in the right of way of a state highway shall be approved by the district engineer, where applicable.

         k.   Parking lot landscaping requirements are as provided in subsection F of this section.

   F.   Parking Lot Landscape Requirements:

      1.   Required Trees: One tree of a type suitable for parking lots shall be provided for every fifteen (15) open (not in garage) spaces. The tree types and minimum planter sizes shall be consistent with this section. The required trees may be clustered but shall be located to divide and break up expanses of paving and long rows of parking spaces and to create a canopy effect in the parking lot. In order to be considered within the parking lot, the trees must be located in planters that are bounded on at least three (3) sides by parking lot paving. This means that only trees in landscaped islands or fingers can count toward the parking lot tree requirements. Planters shall be of sufficient size and design to accommodate the growth of the trees and to prevent damage to the trees by vehicles.

      2.   Required Screening: Open parking spaces, except in one-family and two-family residential projects in any zone district, shall be screened from view from adjacent properties and streets to an eventual minimum height of three feet (3') by the use of berms and/or plantings. A minimum of two-thirds (2/3) of the affected street frontage or property boundary, not containing intersecting driveways, must have the required screen. Structures such as decorative walls or fences may be approved through zoning and planning if it is found that:

         a.   The structures avoid a blank and monotonous appearance by such measures as architectural articulation and the planting of vines, shrubs or trees; or

         b.   The total use of berms and/or plantings is not physically feasible; or

         c.   The structures attractively complement the use of berms and/or plantings.

The maximum spacing of plants to achieve an acceptable screen and the maximum acceptable grades for screening areas, such as sodded berms and planting beds shall be as approved by the town engineer or zoning and planning.

   G.   Enforcement And Assurances For Installation And Completion: Within one year of issue date of building permit for any structure where landscaping is required, except when a certificate of occupancy is obtained by providing acceptable assurance to the town guaranteeing the completion of such landscaping, all work as indicated on the landscaping plan shall be inspected and approved by the town engineer or designee of zoning and planning. At the time of inspection, the landowner shall possess a copy of the approved landscaping plan for use by the town engineer or appointee of zoning and planning.

At the time of inspection, the town engineer or appointee of zoning and planning shall check the quantities and locations of landscape materials. At the time of such inspection, the landowner shall warrant that the completed landscaping complies with the approved landscape plan. Such warranty shall include the quantities, locations, species and sizes of plants and other landscape materials on the approved landscape plan. In the event that an inspection is not conducted by the town engineer or appointee of zoning and planning prior to the issuance of a certificate of occupancy because acceptable assurance has been provided to the town guaranteeing the completion of such landscaping, such inspection shall be done by the town engineer or appointee of zoning and planning subsequent to the installation of such landscaping but prior to the release or expiration of the acceptable assurance.

A landowner may obtain a certificate of occupancy for a structure prior to the completion of the required landscaping work if the completion is not possible due to seasonal or weather conditions and if the landowner submits the necessary assurances to zoning and planning for guaranteeing the completion of the landscaping, such as an irrevocable letter of credit, certified check or subdivision bond or other acceptable assurance, which shall be equal to the cost of the landscaping work and shall be accompanied by a written assurance that such landscaping will be completed to the satisfaction of zoning and planning within a specified period of time not to exceed one year of issue date of building permit.

   H.   Maintenance:

      1.   Maintenance On Private Property:

         a.   The landowner is responsible for the maintenance of the landscaping plan as originally approved.

         b.   The landowner is responsible for all regular and normal maintenance of landscaping, including weeding, irrigation, fertilizing, pruning and mowing.

         c.   Plant materials which exhibit evidence of insects, pests, diseases and/or damage, shall be appropriately treated and all dead plant material shall be removed and replaced with living plant materials within one growing season.

      2.   Maintenance Of Adjacent Right Of Way Areas Or Street Parkings: This code requires the owners of property to maintain the street parking (the area between a property line and asphalt edge or curb) adjoining the property. The town shall provide maintenance of trees only by means of spraying, trimming and removal.

      3.   Performance Standard For Seeded Areas: Seeded landscape areas shall have no bare areas larger than six (6) square inches after germination. (Ord. 2012-1, 4-17-2012)

   A.   Requests for waivers (not more than 10 percent less than the requirement) of buffering, or parking requirements listed in the zoning districts of this title, or reduction of landscaping requirement specified in this chapter, may be considered subject to the following procedure:

      1.   Submission of a written request from the owner of record addressed to the town engineer stating the rationale for the request and providing any documentation, diagrams, renderings or photographs necessary to convey the intent of the waiver request.

      2.   Notification of the request and the date, time and place of the zoning and planning commission meeting where the waiver will be considered shall be mailed to property owners within a three hundred foot (300') radius of the subject property. No public hearing shall be required, however, the commission shall receive comments from meeting participants who desire to address the request.

      3.   The commission shall review the waiver request and approve, approve with conditions, approve with modifications or deny the request. In rendering their decision, the commission shall consider such factors as proximity to other development and types of uses, manmade or natural barriers such as streets, drainages, draws, existing vegetation, slopes, etc., which achieve the intent of the buffering or landscaping requirement at a lower rate than is required by this title. The commission may also consider alternative solutions that achieve the intent of landscaping and/or buffering.

      4.   Requests for a reduction of off street parking requirements shall be considered on the basis of use, number of employees, availability of on street parking or shared parking with adjacent property owners.

      5.   The Bar Nunn town council shall have the authority to approve, modify, or deny all waiver requests. (Ord. 2012-1, 4-17-2012)

The fees for permits shall be as established by the town council. (Ord. 2012-1, 4-17-2012)