The purpose of the landscaping regulations is to:

(a)

Increase street longevity;

(b)

Increase ground permeability;

(c)

Encourage conservation of trees and vegetation;

(d)

Promote energy and resource conservation;

(e)

Maintain and increase the value of land; and

(f)

Enhance the aesthetic quality.

The provisions of these regulations shall apply to all land within the corporate limits of the City of Big Spring and within the zoning districts specified in this section and shall be applied as follows:

(a)

When a building permit for a new structure is required, or when a paving permit for a new parking area is required.

(b)

When a building permit for the remodeling, renovation, or expansion of an existing structure that increases the gross floor area by fifty percent (50%) or more or a paving permit that increases the number of off-street parking spaces by fifty percent (50%) or more is required.

As a minimum standard, this landscaping ordinance shall apply to all zoning districts except the A, Agricultural District, the SF-1, SF-2, and SF-3, Single-Family Districts, the 2F, Two-Family District, and the GR, General Residential District. The CA, Central Area District, is also exempt from the provisions of this Article.

(c)

Minimum standards for Planned Developments shall be determined at such time as the approval of a Planned Development site plan is requested or a Planned Development ordinance is established.

(a)

Landscaping shall be provided within the front and side yard setbacks as well as adjacent public rights-of-way. A graphic illustration of the required landscape area is provided in Appendix A, #13 (sic) as an example. A minimum of all of the adjacent right-of-way or ten (10) feet, whichever is greater, excluding existing and approved future driveways, as well as an additional eight percent (8%) of the lot area, shall be utilized for landscaping.

(b)

Use of low water using plant materials and landscaping (xeriscaping) is encouraged. An application may be made for variance from the required plant materials contained herein if a xeriscape plan is substituted and approved by the Building Official.

All required landscaping shall be irrigated by either a hose attachment within one hundred (100) feet of all landscaping or an underground sprinkler system. If an underground sprinkler system is utilized, it shall be designed in such a manner as to minimize water runoff into adjoining streets.

(a)

Landscaping shall consist of a combination of two (2) or more of the following types of plant materials, including, but not limited to, planted grass, trees, shrubs, ground cover, and/or other forms of plant material.

(b)

Trees with a minimum of two-inch (2") caliper (measured one-foot above grade) shall be provided and replaced as necessary at the ratio of one (1) tree per fifty (50) linear feet of street frontage, or fraction thereof. However, no tree shall be required where: all street frontage is used for driveway entrance.

(c)

All existing trees of two-inch (2") caliper or greater will be counted towards satisfying the requirements of this ordinance, as long as such trees do not endanger safety, health and public welfare. No tree or shrub shall be placed in such a manner as to create a hazard to vehicular traffic.

In accordance with Section 10-2, all parking lots with less than one hundred one (101) parking spaces shall contain a minimum of one (1) tree per ten (10) parking spaces. For new or expanding parking lots where the number of parking spaces exceeds one hundred (100), a sliding scale of parking spaces per tree may be applied as follows:

There may be circumstances in which the placement of trees in new or expanded parking facilities may be difficult or undesirable. In order to provide for a similar landscaping effect, parking lot trees may be waived in lieu of additional trees or larger caliper trees placed in the front and/or side yard setback area. In no case shall an alternative landscape proposal result in a net reduction of the tree requirement as measured in total tree caliper inches. Such a proposal may be submitted as part of the landscaping plan to be administratively approved by the Director of Public Works or his designee. Appeal of any such administrative decision may be made to the Planning and Zoning Commission.

(d)

All landscaping shall be maintained in a healthy and growing condition.

(a)

Prior to the issuance of a building permit or prior to the issuance of a paving permit, two (2) copies of a Landscaping Plan shall be submitted to the Building Official for review and approval. The Landscaping Plan shall be drawn to scale, including all dimensions, and shall meet each of the following requirements:

(1)

Clearly show the location and size of any buildings or structures;

(2)

Clearly show the location of all paved off-street parking areas; and

(3)

Clearly show any fencing and the location, size, and description of all landscaping materials to be utilized.

(b)

No Certificate of Occupancy and/or paving permit shall be issued unless the landscaping plan required herein complies with this Section.

(a)

When seasonal conditions warrant, the Building Official may issue a temporary certificate of occupancy for up to one hundred and eighty (180) days pending completion of landscaping. No final certificate of occupancy shall be issued prior to completion of landscape requirements.

(b)

Upon application and hearing, the Planning and Zoning Commission may grant waivers from the application of these regulations on the finding of extreme hardship.