(a)

Intent and purpose. Landscaping enhances the visual image of the city, improves property values, alleviates the impact of noise, traffic and visual distraction associated with certain land uses, and preserves natural resource. Screening provides visual barriers that protect less intensive uses, such as residences, from the characteristics associated with more intensive nonresidential uses, including but not limited to noise, glare, traffic, airborne dust, litter, outdoor storage, and parking of vehicles.

The regulations of this article are intended to:

(1)

Protect the public health, safety or welfare;

(2)

Improve the appearance of uses established in the city's nonresidential and residential zoning districts;

(3)

Protect and enhance the city's built and natural environments;

(4)

Improve the appearance of off-street parking areas, vehicular use areas, and property abutting public rights-of-way;

(5)

Protect and preserve the appearance, character and value of residential uses that abut nonresidential areas and uses;

(6)

Coordinate the design of new landscaping with existing landscaping on adjoining properties;

(7)

Reduce soil erosion and depletion; and

(8)

Increase the storm water retention capabilities of land thereby helping to prevent flooding and the overburdening of the city's storm water management system.

(b)

Scope of application. The regulations of this article shall not apply to detached single and two-family dwellings that are located on individual lots in platted subdivisions, nor to detached single-family site condominium units in site condominium projects, except as may otherwise be required by subsequent regulations of this chapter.

(c)

Minimum regulations. The regulations of this article are minimum regulations and are not intended to prevent a developer and the city from agreeing to more extensive landscaping and screening.

(d)

Creativity in design. Creativity in landscape design is encouraged. Except for materials and methods used for screening purposes, required trees and shrubs may be planted at uniform intervals, at random, or in groupings, depending on the designer's desired visual effect and the intent of the city to coordinate the design of new landscaping with that existing on adjoining properties.

(e)

Landscaping plan. Site plans shall illustrate landscaping and screening in accordance with the regulations of this article.

(Ord. No. 2008-17, § 24, 12-15-08)

(a)

General site regulations. All unpaved areas of a site including those areas within adjacent rights-of-way shall be planted with grass, ground cover, shrubbery, or other suitable plant materials which shall extend to any abutting street pavement edge.

(b)

Landscaping in required front yard setbacks in RM-1, RM-2, C-2B, WF, M-1 and M-2 zoning districts. Landscaping shall include one deciduous tree and eight shrubs for each 30 linear feet or portion thereof of street frontage. Openings for driveways and sidewalks need not be considered when calculating the length of street frontage. Trees and shrubs may be planted at uniform intervals, at random or in groupings.

(c)

Areas within public rights-of-way. Areas shall be planted with grass or other suitable living ground cover, and shall be maintained by the owner or occupant of the adjacent property as if the right-of-way were part of the required yard. The use of gravel, stone, lava rocks, woodchips or other loose materials shall not be permitted within this area.

(d)

Greenbelts. Greenbelts shall conform to the following standards:

(1)

Greenbelt width. Greenbelts shall be at least five feet in width.

(2)

General planting regulations.

a.

Grass, ground cover or other suitable living plant material shall be planted over the entire area of a greenbelt except where paved walkways and driveways are located.

b.

A minimum of one deciduous or evergreen tree and eight shrubs shall be planted for each 30 lineal feet or portion thereof. Or, alternatively, eight shrubs may be substituted for each required tree for a total of 16 shrubs for each 30 lineal feet. Trees and shrubs may be planted at uniform intervals, at random or in groupings.

(e)

Screening buffer.

(1)

Required landscaping.

a.

When required, a screening buffer shall consist of a five-foot wide planting strip planted with evergreen trees or shrubs that are a minimum five feet in height at the time of planting and of sufficient size so as to form a complete visual barrier; or

b.

In the alternate such a buffer may consist of a solid obscuring wall or fence with a six-foot minimum height in accordance with regulations for unobstructed sight zones set forth in section 122-69 and wall and/or fence regulations in article XIX.

(2)

Location of screening buffer. A screening buffer shall be required to effectively screen developed portions of the property whenever a nonresidential use in a commercial, office, waterfront or industrial district abuts a residential district or residential use, and in locations where loading areas would be visible from residential districts or uses. When a wall or fence is used to provide screening to an adjacent street, a greenbelt must be planted and maintained on the side of the wall or fence which faces the street. Such greenbelts must be planted in accordance with the regulations of section 122-402(d).

(3)

Screening of equipment. If visible from adjacent streets and/or properties, mechanical equipment, such as air compressors, pool pumps, transformers, sprinkler pumps, satellite dish antennae, air conditioners and similar equipment shall be screened on at least three sides. An open area may be maintained around such equipment to facilitate repairs and maintenance.

(f)

Unobstructed visibility for drivers. All landscaping shall comply with the unobstructed sight zone regulations of section 122-69.

(g)

Potential damage to utilities. Landscaping material shall be planted so as not to interfere with or cause damage to underground utility lines, public roads or other public facilities.

(h)

Landscaping divider medians. Where traffic on driveways, maneuvering lanes, service roads and private roads is separated by a divider median, the median shall be curbed and have a minimum width of ten feet. A minimum of one deciduous or evergreen tree shall be planted for each 30 linear feet or portion thereof of median length. Trees may be planted at uniform intervals, at random, or in groupings, but in no instance shall the center-to-center distance between trees exceed 60 feet. Median landscaping shall comply with the unobstructed sight distance regulations set forth in section 122-69.

(i)

Irrigation. Site plans shall indicate the proposed method of watering landscaped areas. All new construction, excluding single and two-family residential, shall include the installation of an automated irrigation system unless planning department staff determines that an equivalent method of irrigation is proposed. Plant materials and lawns shall be watered regularly and maintained in a healthy condition throughout the growing season.

(Ord. No. 2008-17, § 25, 12-15-08; Ord. No. 2012-8, § 10, 6-18-12)

All off-street parking areas shall be landscaped and screened in accordance with the following regulations.

(1)

Interior landscaping.

a.

When required. Off-street parking areas containing more than 50 parking spaces shall be provided with at least 20 square feet of interior landscaping per parking space. Such landscaping shall be designed to improve the convenience and safety of pedestrian and vehicular traffic and to guide traffic movement. Landscaped areas shall measure at least five feet in any single dimension.

b.

Required plantings. A minimum of one tree shall be planted per each 300 square feet or fraction thereof of required landscaped area. At least 50 percent of each landscaped area shall be covered by plant material such as sod, shrubs, or ground cover, with the remaining portion covered by an organic or inorganic mulch to a depth sufficient to prevent weed growth. Plantings in parking areas shall comply with the regulations for unobstructed sight zones set forth in section 122-69. Parking area landscaping plans shall indicate the types, sizes and quantities of plant material proposed.

(2)

Perimeter landscaping or screening.

a.

A five-foot wide greenbelt shall be established at the perimeter of the off-street parking area.

1.

A solid obscuring wall or fence may be substituted for the aforementioned screening buffer. It shall maintain a minimum six-foot height or the maximum height permitted in accordance with regulations for unobstructed sight zones set forth in section 122-69 and wall and/or fence regulations in article XIX.

2.

Such screening may not be required along street rights-of-way, at the discretion of planning department staff.

b.

A screening buffer, obscuring wall or fence, shall be established along those sides of the off-street parking area that abut a residential zoning district or a lot that is used for residential purposes.

c.

Landscaped areas shall be protected with raised curbs, wheel chocks, guard rails, or other means to prevent encroachment of vehicles.

(Ord. No. 2008-17, § 26, 12-15-08; Ord. No. 2012-8, § 11, 6-18-12)

Unless otherwise specified, all landscape materials shall comply with the following standards:

(1)

Quality. All plant materials shall be nursery grown, free of pests and diseases, and hardy in central Michigan.

(2)

Artificial plant materials. Artificial plant materials shall not be used to comply with the regulations of this article.

(3)

Plant material specifications. The following specifications shall apply to all plant material required by this article:

a.

Deciduous shade or ornamental trees. Deciduous shade trees shall be a minimum of one and one-half inches in caliper measured 12 inches above grade with the first branch a minimum of four feet above grade when planted.

b.

Evergreen trees. Evergreen trees shall be a minimum of six feet in height.

c.

Shrubs. Shrubs shall be a minimum of two feet in height when planted.

d.

Hedges. Hedges shall be planted and maintained so as to form a continuous, unbroken visual screen within two growing seasons.

e.

Ground cover. Ground cover used in lieu of turf grasses or mulch shall be planted in such a manner as to present a finished appearance and reasonably complete coverage.

f.

Grass. Grass areas shall be planted using species normally grown as permanent lawns in central Michigan.

g.

Perennials/vines. Perennials and/or vines are acceptable to satisfy the requirements of this chapter, but must be maintained in healthy condition.

h.

Mulch. When used around trees, shrubs and flower beds, mulch shall be to a depth necessary to prevent weed growth and installed in a manner so as to present a finished appearance.

i.

Undesirable plant material. The use of plant material that is susceptible to storm damage, pests or disease shall not be permitted. The use of fruit-bearing plant material along public ways shall not be permitted.

(Ord. No. 2008-17, § 27, 12-15-08)

(a)

Installation. Landscaping shall be installed in a sound, workman like matter to ensure continued, healthy growth of plant materials. Trees, shrubs, hedges and other materials shall be generously mulched at the time of planting.

(b)

Required landscaping. Required landscaping shall be installed prior to the issuance of a final occupancy permit. A temporary occupancy permit may be issued, if landscaping cannot be installed due to off-season weather. In such case, plantings shall be installed as soon as materials become available and temperatures are suitable for planting.

(c)

Seeding or sod. Seeding or sod shall be completed within 90 days of issuance of a final occupancy permit. A temporary occupancy permit may be issued, if seeding or sod cannot be installed due to off-season weather. In such case, seeding or sod will be installed as soon as materials become available and temperatures are suitable for planting.

(d)

Protection from vehicles. When needed, landscaped areas in or adjacent to parking areas shall be protected with raised curbs, wheel chocks, guard rails, or other means to prevent encroachment of vehicles into landscaped areas.

(e)

Maintenance. Landscaping required by this article shall be maintained in a healthy, neat and orderly appearance free from refuse and debris:

(1)

Maintenance includes the proper pruning of trees and shrubs, regular mowing of lawns, removal of all litter and the replacement of dead and unhealthy plant material.

(2)

Unhealthy and dead plant material shall be replaced upon notice from the zoning administrator unless the season is not appropriate for planting, in which case such plant material shall be replaced at the beginning of the next planting season.

(3)

Other landscape elements such as benches, retaining walls, edging and hardscaping shall be maintained in good condition and neat appearance. Rotted, deteriorated or damaged landscape elements shall be repaired or replaced upon notification of the zoning administrator.

(Ord. No. 2008-17, § 28, 12-15-08)

(a)

Consideration of existing plant materials in landscape design. In instances where healthy plant material exists on a site prior to its development, such plant material may be used to meet the regulations set forth previously in this article, provided such substitution is in keeping with the spirit and intent of this article and chapter in general.

(b)

Use of existing landscape features. In instances where berms, fences and walls exist on a site prior to its development, such features may be used to meet the regulations set forth previously in this article, provided such substitution is in keeping with the spirit and intent of this article and chapter in general.

(Ord. No. 2008-17, § 29, 12-15-08)