Battlefield City Zoning Code
ARTICLE VIII
Landscaping, Screening And Buffering Requirements
Section 400.560 Purpose.
[R.O. 2017 § 400.560; Ord. No. 02-18 §§ 1 — 5, 10-15-2002]
The screening, buffering and landscaping requirements contained in this Article are intended to enhance the visual and environmental image of the City of Battlefield through landscaping; protect and enhance property values by promoting quality living and working environments which integrate landscaping as part of the development design; reduce or mitigate the negative effects of air and noise pollution through natural plantings which absorb dust, carbon monoxide and which screen the glare of lighting; and provide for the use of green buffers and/or structural buffers to reduce the negative impacts of potentially incompatible land uses.
Section 400.570 Applicability.
[R.O. 2017 § 400.570; Ord. No. 02-18 §§ 1 — 5, 10-15-2002]
A.
The requirements of this Chapter shall apply to all public, private and institutional developments approved after the effective date of this Chapter with the following exceptions:
1.
Developments that have been issued a building permit or have received final plat approval prior to the effective date of this Chapter shall not be subject to the landscaping, screening or buffering requirements.
2.
Individual single-family homes built on existing lots of record or lots platted after the effective date of this Chapter shall not be subject to the landscaping, buffering or screening requirements.
3.
Single-family subdivisions platted after the effective date of this Chapter shall not be subject to the landscaping requirements. However, such subdivisions may be subject to the screening and buffering requirements herein.
Section 400.580 Approval Process.
[R.O. 2017 § 400.580; Ord. No. 02-18 §§ 1 — 5, 10-15-2002]
A.
No building permit shall be issued for the improvement of any site, the construction of any building or the establishment of any use for which a landscaping plan is required until such plan has been submitted and approved by the City.
B.
A certificate of occupancy shall not be issued for any building or structure until all screening, buffering and/or landscaping is in place in accordance with the approved landscape plan.
C.
In any case in which a certificate of occupancy is sought during a season of the year which the City determines that weather conditions make it impractical to plant trees, shrubs or other required landscaping, a temporary certificate of occupancy may be issued, provided that the applicant deposits cash in an escrow account in the amount of the estimated cost of such landscaping. Such escrow deposit shall contain the following conditions:
1.
The installation of all landscaping required by the landscape plan shall be completed within six (6) months of the date of the application for the temporary certificate of occupancy.
2.
The City shall have the right to draw upon the escrow account to complete said landscaping if the applicant fails to do so.
Section 400.590 Landscape Plans.
[R.O. 2017 § 400.590; Ord. No. 02-18 §§ 1 — 5, 10-15-2002]
A.
Where a site plan is required, the landscape plan may be submitted concurrently with the site plan. The City inspector shall review the landscape plan and shall approve it if the plan is in accordance with the requirements of this Article. If the plan is not in accord, a written statement shall be provided to the applicant setting forth the changes necessary to bring the plan into compliance.
B.
Landscape plans shall include the following information:
1.
The location of all trees or other vegetation to be preserved.
2.
The location of all plant and landscaping materials to be used, including plants, paving or other landscape features.
3.
The types of all plant material (canopy, understory ornamental, evergreen, shrub, etc.) to be used.
4.
Common names, quantity, spacing and size of all proposed material at the time of planting.
5.
Location and description of other landscaping improvements, such as berms, walls, fences, screens, paved area, street furniture, etc.
6.
The name and address of the person responsible for preparation of the landscape plan.
C.
Wherever possible, the landscape plan shall provide for the preservation of existing trees. A landscape plan which includes the clear cutting of existing trees shall be approved only if the developer establishes through convincing evidence that the prohibition of clear cutting would substantially and unreasonably restrict his/her ability to develop the property and the development will not be economically viable unless clear cutting is permitted.
Section 400.600 Landscape Planting Standards.
[R.O. 2017 § 400.600; Ord. No. 02-18 §§ 1 — 5, 10-15-2002]
A.
The following standards and criteria shall apply to landscape materials and installation.
1.
Quality. All trees and shrubs installed in conformance with this Chapter shall have well-developed leaders and tops, roots characteristic of the species, shall be fully branched and shall show evidence of proper pruning. Trees installed shall be Number 1 grade. All plant materials shall be free of insects, diseases or mechanical injury.
2.
Coverage. Grass, ground cover or other living landscape material shall be used to cover all open ground. Mulch, bark or other landscaping materials may be incorporated in the landscape plan where appropriate.
3.
Maintenance. The applicant is required to guarantee the plants for one (1) year or they must be replaced by the owner. Property owners shall maintain all trees and vegetation planted in accordance with this Article.
4.
Shrubs And Hedges. Shrubs shall be a minimum of eighteen (18) inches in height when measured immediately upon planting. Where installed, hedges shall be planted so as to form a continuous, solid visual screen that will be at least three (3) feet high within one (1) year of planting.
5.
Trees. Trees referred to in this Article shall be of a species common to or adapted to the climate and soil conditions of this area. The selection of trees should take into consideration the ease of maintenance, tolerance of City conditions and availability from area nurseries. Caliper measurements shall be taken six (6) inches above grade. Trees shall meet the following minimum standards:
a.
Canopy trees shall be deciduous trees that have a minimum height of thirty (30) feet at maturity. All canopy trees shall have a caliper width of two (2) inches at time of planting.
b.
Understory trees shall be deciduous trees that have a maximum height of less than thirty (30) feet at maturity. All understory trees shall have a caliper width of one and one-half (1 1/2) inches at time of planting and shall be a minimum of six (6) feet in height above the root ball.
c.
Ornamental trees may be flowering or non-flowering trees. All ornamental trees shall have a caliper width of one and one-half (1 1/2) inches at time of planting or shall be a minimum of five (5) feet in height above the root ball.
d.
Evergreen or conifer trees shall have a minimum height of twenty (20) feet at maturity. All evergreen trees shall be at least four (4) feet high at time of planting.
6.
Credit For Existing Trees. Any existing trees preserved on a site in required buffer yards, interior or perimeter landscaped areas and meeting the specifications in this Section may, at the determination of the City Inspector, be credited towards meeting the tree requirement of this Article. Any tree for which credit is given shall be in a condition that allows for long-term survival and shall be in a location that conforms to the intent and standards of this Article. The following conditions shall apply:
a.
Existing trees for which credit is given shall be protected during construction. A temporary fence shall be constructed around the root zone and no heavy equipment or building materials shall be used or stored within the temporary fence area.
b.
Existing trees for which credit is given but which subsequently die within one (1) year of issuance of certificate of occupancy shall be replaced with the required number of living trees in accordance with the standards of this Article.
Section 400.610 Landscape Requirements - Parking And Vehicle Use Areas.
[R.O. 2017 § 400.610; Ord. No. 02-18 §§ 1 — 5, 10-15-2002]
A.
Applicability. The perimeter and interior of parking lots and vehicular use areas shall be landscaped in accordance with the following requirements. Areas used for parking or vehicular storage which are located under or within buildings are exempt from these requirements.
B.
Perimeter Landscaping.
1.
Perimeter landscaping shall be provided where an off-street parking lot or vehicular use area is within fifty (50) feet of a public right-of-way and there is not an intervening building.
2.
Whenever an off-street parking lot or vehicular use area abuts a public right-of-way, a perimeter landscaped area at least ten (10) feet in depth shall be maintained between the abutting right-of-way and the parking lot or vehicular use area.
3.
Perimeter landscaping shall contain one (1) canopy tree, one (1) understory, ornamental or evergreen tree and four (4) shrubs per one hundred (100) linear feet of frontage. Where a perimeter landscaped area is less than fifty (50) linear feet, four (4) shrubs and one (1) canopy tree or two (2) understory ornamental or evergreen trees shall be required. Where utility lines, easements or other conditions not under the control of the developer limit the planting of canopy trees, each required canopy tree may be replaced by two (2) understory ornamental or evergreen trees.
4.
Required trees and shrubs may be clustered to allow for the most effective use of landscaping. All other areas shall be landscaped with grass, ground cover or other appropriate landscape treatment.
C.
Interior Parking And Vehicle Use Area Landscaping
1.
For developments containing parking and vehicular use areas totaling twenty (20) or more parking spaces, a minimum of five percent (5%) of the parking or vehicular use area shall be landscaped. Gross parking area shall be determined by calculating the total area used for parking, including circulation aisles. Landscaped areas outside of the parking lot may not be used to meet interior landscaping requirements.
2.
Interior landscaped areas shall be protected from damage by vehicles through appropriate wheel stops or curbs.
3.
Interior landscaping shall contain one (1) canopy or understory tree or two (2) ornamental trees for each twenty (20) parking spaces or fraction thereof.
4.
Interior trees shall be planted within a planting island. Planting islands shall be located so as to best relieve a continuous expanse of paving. Planting islands for canopy trees shall be at least one hundred (100) square feet for each understory tree and at least two hundred (200) square feet for each canopy tree. Islands shall be dimensioned in such a way as to be suitable for planting and to prevent damage to plantings from opening car doors.
Section 400.620 Residential Landscaping Requirements.
[R.O. 2017 § 400.620; Ord. No. 02-18 §§ 1 — 5, 10-15-2002]
Except where exempt in accordance with Section 400.570, landscaping requirements for residential uses shall be in conformance with the following table:
Residential Type | Minimum Number Canopy or Understory Trees* | Minimum Number Ornamental or Evergreen Trees* |
|---|---|---|
Townhouses, two-family | 1 per dwelling | 0.5 per dwelling |
Multifamily dwellings | 0.5 per dwelling | 0.5 per dwelling |
NOTES: *Total number of trees to be located on lots and in common open space. | ||
Section 400.630 Buffer Yard Requirements.
[R.O. 2017 § 400.630; Ord. No. 02-18 §§ 1 — 5, 10-15-2002; Ord. No. 04-01 § 1, 1-20-2004; Ord. No. 06-09 § 1, 4-18-2006]
A.
This Section establishes requirements for screening in order to minimize the negative impacts of incompatible land uses on adjoining properties. Whenever the installation of a buffer area is required, the screening requirement shall be in addition to any other applicable landscaping requirements in conformance with this Article.
B.
Screening shall be provided between uses in accordance with the following table:
Proposed Use | Adjacent Existing Use | ||||||
|---|---|---|---|---|---|---|---|
Single- Family | 2- to 3-Family Townhouse | Multi- family | Manufactured Housing Park | Commercial C-1 | Commercial C-2 | Industrial | |
Single-family | (B) | (B) | C | None | B | C | C |
2- to 3-family townhouse | A | None | A | A | B | C | C |
Multifamily | C | A | None | None | A | B | C |
Manufactured housing park | B | A | A | None | A | B | C |
Commercial C-1 | B | B | A | A | None | A | A |
Commercial C-2 | C | C | B | B | A | None | None |
Industrial | C | C | C | C | A | None | None |
(B) Buffer required when permitted non-residential uses locate adjacent to existing residential uses. | |||||||
"A" Buffer yard category required. See Section 400.630(D) for definition and standards. | |||||||
C.
When there is an intervening public street with a right-of-way width of at least fifty (50) feet between two (2) zoning districts, a buffer yard in accordance with Section 400.630(B) shall not be required except where the backs of the buildings of the proposed use face the adjoining zoning district uses.
D.
The developer of the proposed use shall be responsible for providing the screening when required in accordance with Section 400.630(B) and the following standards:
1.
Buffer Yard A. This screen is intended to partially block visual contact between adjacent uses and to create a strong impression of separation of spaces. The following buffer area and plantings are required per one hundred (100) linear feet. Minimum width of buffer yard area shall be fifteen (15) feet.
2.
Buffer Yard B. This screen is intended to provide more intensive visual block between adjacent uses and to create a stronger sense of separation of spaces. The following buffer area, plantings and/or other structural screening are required per one hundred (100) linear feet. Minimum width of buffer yard area shall be twenty-five (25) feet.
a.
Two (2) canopy trees.
b.
Two (2) understory trees.
c.
Two (2) evergreen trees.
d.
Fifteen (15) shrubs.
e.
A six-foot solid wood fence, solid masonry/brick wall or solid evergreen hedge or a three-foot earthen berm with perennial vegetative ground cover sown and maintained on the berm. All screenings shall be constructed along the full length or width of the rear or side of the property requiring the screening; provided, however, no screenings shall be constructed in a right-of-way or within fifteen (15) feet from any right-of-way.
3.
Buffer Yard C. This screen is intended to provide an opaque visual screen that excludes visual contact between adjacent uses and creates a very strong impression of separation. The following buffer area, plantings and/or other structural screen are required per one hundred (100) linear feet. Minimum width of buffer yard area shall be forty (40) feet.
a.
Four (4) canopy trees.
b.
Four (4) understory trees.
c.
Five (5) evergreen trees.
d.
Twenty (20) shrubs.
e.
Three-foot-high earthen berm with perennial vegetative ground cover sown on the berm and a six-foot solid wood fence, solid masonry/brick wall or solid evergreen hedge constructed or planted on top of the berm. All screenings shall be constructed along the full length or width of the rear or side of the property requiring the screening; provided, however, no screenings shall be constructed in a right-of-way or within fifteen (15) feet from any right-of-way.
E.
Maintenance of the buffer yard/screening shall be the responsibility of the following:
1.
The owner of the property on which the screening is located. If this option is chosen, it shall be so stated as a deed restriction placed on the property.
2.
A homeowners' association with the authority to collect dues in an amount sufficient to provide for such required maintenance. If this option is chosen, a copy of the homeowners' association bylaws must be filed with the Planning and Zoning Commission at the time of subdivision plat approval.
Section 400.640 Substitution Of Smaller/Fewer Plantings.
[R.O. 2017 § 400.640; Ord. No. 02-18 §§ 1 — 5, 10-15-2002]
The number and size of plantings required by this Chapter may be reduced upon the approval of the Planning and Zoning Commission where the applicant establishes that the location of driveways or the physical characteristics of the property would not allow the plantings required.