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Bixby City Zoning Code

CHAPTER 12

- LANDSCAPE REQUIREMENTS

11-12-1: - PURPOSE:

The purpose of the landscape requirements is to:

A.

Promote the beautification of the city and to enhance its aesthetic quality in keeping with the image of the "garden spot of Oklahoma";

B.

Promote reasonable preservation and replenishment of valued trees and vegetation;

C.

Aid in establishing an ecological balance by contributing to air purification, oxygen regeneration, ground water recharge and storm water runoff retardation; and

D.

Achieve a meaningful urban forest, while permitting economically feasible urban development to occur.

(Ord. 727, 10-9-1995)

11-12-2: - APPLICABILITY AND EXEMPTIONS:

The landscape requirements herein established shall be effective upon the adoption date hereof and shall be applicable to all land for which a building permit is sought; provided, however, that the landscape requirements shall not be applicable to the following:

A.

Individual single-family or duplex lots wherein only one such structure is to be constructed on the lot;

B.

Restoration of buildings constructed prior to the adoption date hereof which are damaged by fire, flood or other catastrophe;

C.

Interior remodeling;

D.

Construction of a structure, other than a building, which does not increase the developed area of a lot more than thirty (30) square feet;

E.

Developed area of a lot if all proposed new buildings and/or additions to buildings contain less floor area than the floor area of existing buildings which remain on the lot after completion of the new construction; and

F.

For the purposes of this section, "developed area" shall mean the area of a lot which, on October 9, 1995 and after, is covered by a structure, off street parking or loading areas or other areas paved with all weather material. "Existing buildings" shall mean buildings completed and existing prior to the adoption date hereof. The definition of a "structure" is as follows: Anything constructed or erected with a fixed location on the ground, or attached to something with a fixed location on the ground, and including buildings, walks, fences and signs.

(Ord. 727, 10-9-1995)

11-12-3: - LANDSCAPE REQUIREMENTS:

A.

Frontage and Perimeter Requirements:

1.

Not less than fifteen percent (15%) of the street yard shall be established and maintained as landscaped area.

2.

Within the lot, a landscaped area shall be established and maintained which is not less than seven and one-half feet (7½') in width and which extends along the entirety of the abutting street right-of-way, except at vehicular access points. For lots abutting arterial streets, a landscaped area shall be established which is not less than ten feet (10') in width and which extends along the entirety of the abutting arterial right-of-way.

3.

Within a lot used for office, commercial, industrial or multi-family residential purposes, off street parking shall be separated from an abutting residential district or residential development area (as in a PUD) by a landscaped area of not less than ten feet (10') in width. The tree planting requirements in this landscaped area will be equal to those of a typical street yard (see subsection C. of this section).

4.

Required building setbacks shall be landscaped in accordance with street yard standards.

5.

In computing the landscaped area required in subsection A.1. of this section, landscaped areas established as required by subsections A.2. and A.3. of this section, if located within the street yard, shall be included within the computation.

6.

New single-family or duplex residential additions abutting arterial streets will provide a landscaped buffer of not less than ten feet (10') in width along the entirety of the arterial street frontage. Setbacks from the arterial which are larger than ten feet (10') will be provided at each side of a project entry drive at its intersection with an arterial.

7.

For lots abutting Memorial Drive (Highway 64), or 151 Street (Highway 67), a landscaped area shall be established and maintained which is not less than fifteen feet (15') in width and which extends along the entirety of the abutting arterial, except at vehicular access points.

B.

Parking Area Requirements: Within surface off street parking areas, landscaped areas shall be established and maintained as follows:

1.

For lots two and one-half (2½) acres or less in size, no parking space shall be located more than fifty feet (50') from a landscaped area containing at least thirty (30) square feet, with a minimum width or diameter of five feet (5'). A landscaped area by definition must contain at least one tree.

2.

For lots greater than two and one-half (2½) acres in size, no parking space shall be located more than seventy five feet (75') from a landscaped area containing at least one hundred (100) square feet with a minimum width or diameter of seven feet (7'). A landscaped area by definition must contain at least one tree with all areas of two hundred (200) square feet or more containing at least two (2) trees.

C.

Tree Requirements:

1.

Within the street yard, trees shall be preserved or planted and maintained or replaced as follows:

a.

One tree for each one thousand (1,000) square feet, or fraction thereof, of street yard.

b.

Each existing tree which is in the required street yard and which is at least six inches (6") in caliper and which is removed by the development of the parking area, shall be replaced at a two to one (2:1) ratio with trees sized as designated in subsection C.7. of this section and located within the required street yard. These two (2) replacement trees shall be counted as one tree for purposes of compliance with street yard tree planting requirements.

2.

For surface parking areas, one tree for each ten (10) parking spaces, with at least one tree in each required landscaped area shall be preserved or planted and maintained or replaced.

3.

An existing or planted tree which is at least six inches (6") in caliper shall be considered as two (2) trees for the purpose of determining compliance with the requirements of this subsection; provided, that there is no alteration of the grade under an existing tree's drip line.

4.

For surface parking areas located in the Bixby or Midland additions to the city, which are designed for ten (10) or more spaces and which are within twenty-five feet (25') of a street right-of-way, trees shall be planted as follows:

a.

One tree for each thirty-five (35) linear feet of parking area which is located along and parallel to the street boundary; and

b.

Required trees shall be located within ten feet (10') of the street right-of-way.

5.

For surface parking areas designed for ten (10) or more spaces and located within twenty-five feet (25') of the Memorial Drive (Highway 64) or 151 Street (Highway 67) rights of way, trees shall be planted, preserved and/or replaced as follows:

a.

One tree for each fifty (50) linear feet of parking area which is located along and parallel to the street boundary and which is within twenty-five feet (25') of street right-of-way; and

b.

Each existing tree which is located in the required street yard and is removed by the development of the parking area and which is at least six inches (6") in caliper shall be replaced at a three to one (3:1) ratio with trees sized as designated in subsection C.7. of this section and located within the required street yard. These three (3) trees shall count as one tree for the purposes of compliance with street yard planting requirements.

6.

Trees shall be planted in a pervious area not less than three feet (3') in diameter.

7.

Minimum tree sizes at time of planting shall be as follows:

a.

Ornamental trees shall not be less than six feet (6') in height and one inch (1") in caliper;

b.

Conifers/evergreen trees, such as pine, spruce or cedar, shall not be less than five feet (5') in height; and

c.

Canopy trees shall not be less than eight feet (8') in height and two inches (2") in caliper.

8.

Landscaped buffers separating new single-family or duplex residential additions from arterial streets shall be treated as follows:

a.

A minimum of one tree shall be planted for each fifty feet (50') of linear frontage;

b.

Tree sizes shall conform to the standards of subsection C.7. of this section;

c.

Each existing tree which is removed by the developer of the addition during street grading or utility placement, and which is larger than six inches (6") in caliper when measured at three feet (3') above the ground, shall be replaced at a two to one (2:1) ratio with trees sized as designated in subsection C.7. of this section. The new trees shall be located within the ten foot (10') landscaping buffer area adjacent to the arterial street or the expanded entry area setbacks. These two (2) replacement trees count as one tree toward the satisfaction of the one per fifty (50) linear foot requirement of subsection C.8.a. of this section; and

d.

Preservation or planting of trees within the required landscaped areas which are larger than six inches (6") in caliper shall be considered as two (2) trees for the purpose of determining compliance with the requirements of either subsection C.8.a. or C.8.c. of this section; provided, that there is no alteration of the soil under the existing tree's drip line.

D.

Miscellaneous Requirements:

1.

Artificial vegetation of any type will not satisfy the requirements of this chapter.

2.

Required landscaping will be irrigated by one of the following methods:

a.

An underground sprinkler system;

b.

A drip system; or

c.

A hose attachment within one hundred feet (100') of all landscaped areas.

3.

All landscaped areas which are adjacent to pavement shall be protected with curbs or equivalent barriers.

4.

Landscaping shall not obstruct traffic visibility at street intersections or at access points to streets.

5.

Required landscaping shall be maintained in a live and healthy condition and shall be replaced as necessary to comply herewith.

6.

Required landscaped areas shall be maintained free of debris and litter.

7.

Required landscaping shall be installed in accordance with an approved landscape plan as set forth in section 11-12-4 of this chapter.

E.

Incentive Credits: To encourage preservation of existing mature trees and/or planting of larger trees, each square foot of landscaped area which is permeable and within the drip line of a tree of at least six inches (6") in caliper shall constitute one and one-half (1½) square feet of landscaped area for the purpose of meeting the fifteen percent (15%) street yard landscaping requirement. The following conditions shall apply:

1.

Overlapping drip line areas shall be counted only once.

2.

At least one-half (½) of the drip line shall be permeable.

3.

The original grade of the drip line shall not be changed.

4.

The one and one-half (1½) square foot credit shall not constitute more than twenty-five percent (25%) of the landscape requirement.

F.

Parking Credits: For all nonresidential development on lots of record prior to the adoption date hereof which are one acre or less in size, the following parking credit shall apply:

For each three hundred (300) square feet of street yard which is required to be landscaped by subsection A.1. of this section, the required number of off street parking spaces shall be reduced by one space.

(Ord. 727, 10-9-1995; amd. Ord. 2031, 12-21-2009)

11-12-4: - ADMINISTRATION:

A.

Landscaped Plan: An application for a building permit for uses requiring landscaping, as set forth in section 11-12-2 of this chapter, shall include a landscape plan which provides the following:

1.

The date, scale, north arrow, project name and name of owner.

2.

The location of the property lines and dimensions of the tract.

3.

The approximate centerline of existing watercourses, the approximate location of significant drainage features, the location and size of existing and proposed utility easements and overhead utility lines on or adjacent to the lot, and the existing and proposed sidewalks on or adjacent to the lot.

4.

The location, size and type (tree, shrub, ground cover or grass) of proposed landscaping and the location and size of the proposed landscaping areas.

5.

Planting details and/or specifications.

6.

The method of protecting the existing trees which are to be retained from damage during construction.

7.

The proposed irrigation system, including a drawing of the nature and the location of the system.

8.

The schedule of installation of required landscaping and appurtenances, which shall specify installation of all required landscaping and appurtenances prior to the issuance of a certificate of occupancy. The planning commission may, upon recommendation of staff, grant temporary approval of occupancy prior to the completion of tree installation, based upon a specific tree planting schedule, not to exceed one hundred twenty (120) days from the issuance date of the temporary occupancy certificate.

B.

Certification of Installation:

1.

Prior to the issuance of a certificate of occupancy, written certification shall be submitted to the city by an architect, landscape architect or engineer authorized to do business in the state that the installation of the landscaping and appurtenances has been accomplished in accordance with the approved landscaping plan.

2.

In the event that the planning commission has granted temporary approval of occupancy prior to the completion of tree planting, an architect, landscape architect or engineer authorized to do business in the state shall provide written certification that all trees have been installed in accordance with the approved plan. Such certification shall be provided prior to or within the time frame approved in the specific tree planting schedule, and shall not exceed one hundred twenty (120) days from the issuance date of the occupancy permit.

C.

Administrative Review: After receipt of the landscaping plan, the city planner shall:

1.

Approve the landscaping plan as complying with the requirements of this chapter; or

2.

Approve the landscaping plan with conditions which bring it into compliance with the requirement of this chapter; or

3.

Reject the landscaping plan as failing to comply with the requirements of this chapter.

The city planner may, at his/her discretion, present the plan to the planning commission for review and approval.

D.

Alternative Compliance:

1.

If the city planner rejects the landscaping plan, the applicant may request, after payment of a fee in such amount as established by resolution of the city council, that the planning commission review the plan and determine that, although not meeting the technical requirements of this chapter, the plan as presented implements the intent of the chapter.

2.

The determination of the planning commission shall be transmitted in writing to the applicant.

E.

Appeal From Planning Commission Action: An appeal to the board of adjustment may be undertaken by any person aggrieved by a determination of the planning commission as set forth in subsection D of this section.

(Ord. 727, 10-9-1995; amd. 2006 Code)