The purpose of this article is to preserve and promote the health, safety and general welfare of the public, and as part of the general welfare, promote compatibility among land uses within the community through the preservation and installation of vegetation, screening and other landscaping material. These regulations are intended to minimize the harmful or nuisance effects resulting from noise, heat, glare and accumulation of dust and to provide shade, air purification, oxygen regeneration, groundwater recharge, stormwater runoff retardation and privacy from noise and visual intrusion of objectionable sights and activities.

(Code 1973, ch. 29, § 7-101; Ord. No. 92-175, 12-22-1992)

(a)

The provisions of this article shall apply to all development where development plans are filed in accordance with the provisions of chapter 30 after the effective date of the ordinance from which this article is derived.

(b)

When an existing use or structure on a lot shall be expanded, the development shall be subject to the provisions of this article, provided that the expansion exceeds 25 percent of either the gross floor area or lot area of the existing development.

(c)

For any conforming or legally nonconforming building or use which is in existence on the effective date of the ordinance from which this article is derived which subsequent thereto is damaged or destroyed by fire, collapse, explosion or other cause, and which is reconstructed, re-established or repaired, landscaping equivalent to any maintained at the time of such damage or destruction shall be restored or maintained, except that when such damage or destruction exceeds 50 percent of the value of the building or use, landscaping shall be provided, as required by this article, for equivalent new use or construction.

(d)

All landscaping, as required in this article, shall be in addition to all other landscaping requirements contained within the municipal code, including, but not limited to, requirements for parkway trees and the preservation and replacement of existing trees.

(e)

All requirements specified in this article are minimum requirements. Provision of landscaping in excess of these requirements is encouraged and may be required when necessary to achieve the purpose of these regulations.

(Code 1973, ch. 29, § 7-102; Ord. No. 92-175, 12-22-1992)

(a)

Compliance with national standards. All plant material shall comply with the provisions set forth by the American Standard for Nursery Stock, ANSI Z60.1, All planting and maintenance of public trees shall conform to the American National Standards Institute (ANSI) A-300 "Standards for Tree Care Operations" and shall follow all tree care best management practices (BMPs) published by the International Society of Arboriculture. (most recent edition). Requirements of franchise utility companies. The maintenance of public trees for utility clearance shall conform to all applicable utility industry standards.

(b)

Plant material. Plant material used in conformance with the provisions of this article shall be selected to provide:

(1)

Climate hardiness of plant material.

(2)

High disease resistance and stress tolerance.

(3)

Adaptability of proposed plant material to the particular microclimate (sun, shade, dry or wet soils, etc.) in which it is to be located.

(4)

Inclusion of native plant material, where appropriate.

(5)

Overall yearround ornamental effect.

(c)

Healthy, disease and insect-free plants required. Plant material shall be healthy, free of insects and diseases and physical damage (bark bruises, scrapes, cracked branches, etc.).

(d)

Minimum size. Unless otherwise specified, the minimum size for plant materials installed to meet the requirements of this chapter shall be as follows:

(1)

Overstory trees, three-inch caliper.

(2)

Evergreen trees, six feet in height.

(3)

Ornamental trees: single trunk, two-inch caliper, multi-trunk, six feet in height.

(4)

Large shrubs, 24 inches in height.

(5)

Small shrubs, 18 inches in height.

(e)

Trunk caliper. Caliper of the trunk shall be measured six inches above the ground, up to, and including four-inch caliper size and 12 inches above the ground for larger sizes.

(f)

Thinning and trimming. The branches of deciduous trees and shrubs may be selectively thinned by up to one-third in accordance with good horticultural practice; however, in no case shall trimming result in reducing the overall size of the plant below that specified on the approved landscape plan.

(g)

Mulching. All trees and shrubs shall be mulched with a minimum of four-inch depth shredded bark, wood chips or other all-organic mulch. All flower and groundcover beds shall be mulched with a minimum of two-inch depth shredded bark or other all-organic mulch.

(h)

Minimum number. A minimum number of species of trees and a minimum number of species of shrubs shall be required on each parcel as follows:

*More species may be required by the planning administrator for parcels over 30 acres.

(i)

Setback from fire hydrants and utility equipment. Landscape materials shall be selected and located so as to not obstruct visual or physical access to fire hydrants. Trees and shrubs shall not be located closer than ten feet to fire hydrants, transformers or other aboveground utilities.

(j)

Plant units shall be calculated as follows:

(1)

One overstory tree equals ten plant units.

(2)

One evergreen tree equals five plant units.

(3)

One ornamental tree equals five plant units.

(4)

One large shrub equals one plant unit.

(5)

One small shrub equals one-half plant unit.

(Code 1973, ch. 29, § 7-103; Ord. No. 92-175, 12-22-1992; Ord. No. 13-041, 6-11-2013; Ord. No. 24-024, § 2, 4-23-2024)

Credit against the landscape requirements of the article may be allowed by the planning and zoning administrator for existing vegetation and other landscape features of a quality and of a size as required by section 54-570 which the applicant proposes to preserve on an equal basis. In all cases, the planning and zoning administrator may attach such conditions to the granting of the credit as may serve to secure or enhance the continued well-being of all vegetation for which credit is being given during the period of construction upon the site covered by the plan. The existing vegetation for which credit is given shall be shown and labeled on the landscape plan.

(Code 1973, ch. 29, § 7-104; Ord. No. 92-175, 12-22-1992; Ord. No. 13-041, 6-11-2013)

(a)

Landscape plans shall be required as part of an application for preliminary and final development plan approval.

(b)

At the preliminary development plan stage, general locations and approximate quantities shall be shown. A list of typical plants proposed to be used shall be submitted, including common and botanical names, and approximate sizes.

(c)

At the final development plan stage, locations and quantities shall be shown. These quantities shall not be less than what was approved at the preliminary development plan stage without justification. Each proposed plant shall be identified as to botanical and common name, size and installed condition (balled and burlapped, container, etc.). Bare root plants shall not be allowed. The plants proposed for the final development plan stage shall, for the most part, reflect the typical plant list submitted at the preliminary development plan stage. This list may be expanded upon; however, additions shall be of equal or greater quality regarding hardiness, disease resistance and ornamental characteristics.

(d)

Elements of landscape plan. All landscape plans shall include the following:

(1)

North point and scale.

(2)

Topographic information and proposed grades.

(3)

Proposed structures and pavements.

(4)

Existing and proposed utilities, above and below ground.

(5)

Location, type, size, quantity and planting condition (balled and burlapped, bare root, etc.) of all proposed landscape materials.

(6)

Common and botanical names of all proposed plant material.

(7)

Location, size and common/botanical name of existing vegetation to remain.

(8)

Symbols representing proposed plant material shall be drawn to scale showing two-thirds to full mature size and labeled as to quantity and type.

(Code 1973, ch. 29, § 7-105; Ord. No. 92-175, 12-22-1992; Ord. No. 00-084, 5-23-2000)

(a)

Once a landscape plan has been approved and a building permit issued, the planning and zoning administrator may authorize minor revisions to the approved landscape plan including the substitution of equivalent plantings and ground covers where such revisions do not diminish the benefits of the approved landscape plan. As such, revisions shall require the written approval of the planning and zoning administrator.

(b)

A revision shall be considered minor when there is no reduction in the quality of plant material, no significant change in size or location of plant material and new plants are of the same general category (overstory, ornamental, evergreen trees or large, small shrubs, groundcover) and have the same general design characteristics (mature size, spread, density) as the materials being replaced.

(Code 1973, ch. 29, § 7-106; Ord. No. 92-175, 12-22-1992; Ord. No. 13-041, 6-11-2013)

The owner, tenant and their agent, if any, shall be jointly and severally responsible for the maintenance of all landscaping required by the provisions of this article or by any approved development plan currently applicable to the site. Landscaping shall be maintained in good condition so as to present a healthy, neat and orderly appearance and shall be kept free from refuse and debris. Any missing, dead or severely damaged or diseased plant material shall be replaced by the owner, tenant or their agent during the next planting season for the plant material.

(Code 1973, ch. 29, § 7-107; Ord. No. 92-175, 12-22-1992; Ord. No. 02-21, 3-12-2002)

The developer of a subdivision shall provide a continuous landscaped berm having a minimum height of four feet behind each double frontage and reverse frontage lot which abuts a primary arterial or major street. The landscaped berm shall be located in an outlot of record, having a minimum width of not less than 30 feet. A minimum of one overstory, ornamental or evergreen tree and ten shrubs for every 35 feet of frontage shall be provided. All shrubs shall be a minimum of four feet in height at the time of planting. Any portion of a planting area which is not occupied by trees, shrubs, flowers, groundcover ornamental grasses or mulch shall be sodded. The planting scheme of the required plant material shall be subject to the approval of the planning and zoning administrator of his designee.

(Code 1973, ch. 29, § 7-201A; Ord. No. 92-175, 12-22-1992; Ord. No. 93-042, 4-27-1993; Ord. No. 13-041, 6-11-2013)

Landscaping shall be provided around the perimeter of retention/detention ponds generally above high water level. Only plants which are adapted to temporary flooding may be planted below high water level. Such landscaping shall be comprised of a minimum of 20 plant units for every 100 linear feet of perimeter, or part thereof, as measured at high water level.

(Code 1973, ch. 29, § 7-201B; Ord. No. 92-175, 12-22-1992; Ord. No. 93-042, 4-27-1993; Ord. No. 13-041, 6-11-2013)

(a)

Front and corner side yards. All front and corner side yards shall contain a berm having a minimum height of 2½ to three feet, which shall be sodded and landscaped with trees and shrubs. A minimum ratio of ten plant units shall be provided for each 1,000 square feet of yard area. All shrubs shall be a minimum height of 24 inches at the time of planting. All front and corner side yards shall include an irrigation system.

(b)

Foundations.

(1)

Foundation landscaping shall be provided on those sides of the building which face a public right-of-way.

(2)

The foundation landscaping shall be located in a planting bed a minimum of ten feet in width adjacent to the building.

(3)

The required foundation landscaping area shall remain open and free to all paving except where sidewalks and driveways which lead directly into the building are necessary for ingress and egress. In no case shall the foundation landscaping area be reduced to extend across less than 50 percent of the building face due to the sidewalks or driveways.

(4)

Foundation landscaping consists of a minimum ratio of 30 plant units for every 1,000 square feet area of planting bed which is within ten feet of the foundation. Flowers, ornamental grasses, and groundcover may also be used. All planting area which is not occupied by trees, shrubs, flowers, groundcover, ornamental grasses or mulch shall be sodded.

(5)

At the discretion of the planning and zoning administrator, the required foundation landscaping may be relocated elsewhere on site or provided in an alternate manner, such as through the use of aboveground planting containers or boxes. This may be considered, for example, underneath gas pump canopies or between a drive-through lane and the pick-up window.

(c)

Parking lots and other vehicular use areas.

(1)

Vehicular use areas adjacent to front and corner side yards.

a.

When off-street parking lots or other vehicular use areas are adjacent to the required front or corner side yard, landscaping shall be provided in the required yard. The landscaping consists of one or more of the following options:

1.

A berm that is at least 2½ to three times higher than the finished elevation of the parking lot (at the nearest point) and one overstory, ornamental or evergreen tree and ten shrubs for every 35 linear feet or part thereof of frontage (excluding driveway openings) shall be provided. All shrubs shall be a minimum of 24 inches in height at the time of planting.

2.

A minimum three-foot grade drop from the right-of-way line to the parking lot and one overstory, ornamental or evergreen tree and ten shrubs for every 35 linear feet or part thereof of frontage (excluding driveway openings) shall be provided. All shrubs shall be a minimum of 24 inches in height at the time of planting.

b.

The trees and shrubs shall be evenly distributed throughout the front or corner side yards.

c.

Trees, shrubs, and berms located in the front yard shall be no closer than ten feet from the edge of the driveways which cross the public right-of-way providing access to the street.

(2)

Vehicular use areas adjacent to interior side and rear yards.

a.

A landscaped area shall be located between the parking lot or vehicular use area and the adjacent side and rear property lines, except where access easements or shared driveways providing direct access to the property may necessitate other treatment. A minimum distance of ten feet shall be provided between the curb and property line. The landscape area shall be planted with a minimum ratio of 20 plant units for every 1,000 square feet of landscape area which is within ten feet of the property line.

b.

If a use typical to an outlot does not occur on a separate zoning lot from the rest of the shopping centers in which it occurs, a minimum ten feet Wide landscaped area shall be provided around the use. The landscaped area shall be located to separate the parking generally attributed to the use from the rest of the center. A minimum ratio of 20 plant units for every 1,000 square feet shall be provided for the first ten feet of landscape area width.

c.

If the required minimum ten-foot landscaped area occurs within a required transition yard, then the landscape requirements for transition yards shall supersede those for the ten-foot landscaped areas.

d.

If the required ten-foot landscaped area occurs in a multifamily residential development and is adjacent to a single-family residential district, a minimum of one overstory, ornamental or evergreen tree and ten large shrubs shall be provided for every 35-foot length or part thereof of required landscaped area, measured along the property line. The shrubs shall be installed at a minimum height of four feet and shall have a mature height of at least six feet.

(3)

Drive-through lanes adjacent to other vehicular use areas. Drive-through lanes shall be separated from adjacent driveways, parking lot aisles and other vehicular use areas by a curbed planting bed along the entire length of the lane. The planting bed shall be a minimum of three feet wide (excluding the curb) and shall contain a minimum ratio of 100 plant units per 1,000 square foot area.

(4)

Interior parking lot landscaping.

a.

The interior of the parking lots shall be planted with overstory trees at a ratio of one tree for every ten parking spaces or fraction thereof. They shall be evenly dispersed throughout the parking area. The planting beds shall meet the following requirements:

1.

The minimum area of planting bed for each tree shall be 180 square feet with a minimum dimension of nine feet in any direction. These planting beds shall be curbed with a barrier curb. Planting beds may be combined to create larger planting islands within the parking lot.

2.

These planting beds shall not be used for snow storage. Rather, separate, additional snow storage areas shall be designated on the landscape plan.

3.

Small shrubs, flowers and groundcovers other than turf grass may be planted in the tree planting beds, in addition to the required overstory trees.

4.

Plant materials other than groundcover shall be set back a minimum of three feet from the curb to avoid damage from overhanging car bumpers and doors.

5.

Plant materials other than overstory trees shall be limited to a mature height of no more than two feet within ten feet of any curb at a driveway intersection.

b.

Curbed planting islands shall be provided at the ends of each row of parking. These islands shall be a minimum of nine feet wide and shall extend the length of the parking stalls. They shall be landscaped with trees, shrubs, flowers or groundcovers. All planting area which is not occupied by tree, shrubs, flowers or groundcover shall be sodded.

c.

Refuse receptacles and waste removal areas. Refuse receptacles and waste removal areas shall be screened from view on all sides. The screening consists of a sight-proof wall constructed of the same materials used on the building and shall be a minimum six feet in height. Shrubs may be provided adjacent to this wall.

d.

Retention/detention facilities.

1.

Landscaping shall be provided around the perimeter of retention/detention ponds generally above high water level. Only plants which are adapted to temporary flooding may be planted below high water level.

2.

Such landscaping shall be comprised of a minimum of 20 plant units for every 100 linear feet of perimeter, or part thereof as measured at high water level.

(Code 1973, ch. 29, § 7-202; Ord. No. 92-175, 12-22-1992; Ord. No. 00-084, 5-23-2000; Ord. No. 02-021, 3-12-2002; Ord. No. 13-041, 6-11-2013)

(a)

Transition yards.

(1)

The required landscaping in transition yards shall be comprised of any combination of overstory trees, evergreen trees, ornamental trees and large shrubs. If shrubs are used, they shall be installed at a minimum height of four feet. Additional small shrubs may be used but shall not count toward meeting the landscape requirements.

(2)

The total amount of landscaping provided shall be in the proportion of 40 plant units for each 1,000 square feet of transition yard area.

(3)

The landscaping shall be distributed throughout the transition yard.

(4)

The required number of plant units may be reduced by 30 percent in that part of the transition yard in which any of the following are provided:

a.

Sight-proof, cedar or treated lumber board fence, minimum six feet high.

b.

Earthen berm, minimum six feet high and maximum 3:1 slope.

c.

A combination of earthen berm and sight-proof, cedar or treated lumber board fence with a combined minimum height of six feet.

(5)

If existing woodlands are located within the transition yard, preservation of those woodlands may substitute for part or the required landscaping. If existing woodlands are located in only part of the transition yard, the required number of plant units may be proportionately reduced. If existing woodlands substitute for any portion of the required landscaping, a six foot high, sight-proof, wood board fence shall be provided along the edge of the preserved woodlands area. The substitution of existing woodlands for transition yard landscaping is at the discretion of the planning and zoning administrator and shall be indicated on the approved landscape plan.

(6)

The area of the transition yard not planted with trees, shrubs or existing woodlands shall be planted with sod, live groundcover, flowers, ornamental grasses or some combination thereof.

(7)

No driveways, parking, loading areas or other vehicular use area shall be allowed in transition yards.

(b)

Loading docks, service yards, and exterior work areas. Service yards, loading docks and exterior work areas shall be screened from view from public rights-of-way. The screening consists of either of the following:

(1)

Sight-proof board fence constructed of cedar; or

(2)

Preservative treated lumber of a minimum six foot height.

Ornamental trees, evergreen trees, large shrubs or some combination thereof, planted at a minimum ratio of 50 plant units for each 100 linear feet of perimeter to be screened. If large shrubs are used, they shall be a minimum of four feet in height at the time of installation. Overstory trees may be used but shall not count toward the landscape requirement.

(Code 1973, ch. 29, § 7-203; Ord. No. 92-175, 12-22-1992; Ord. No. 13-041, 6-11-2013)

Open storage yards shall be screened on all sides by solid walls of fences (including solid doors or gates thereto) at least eight feet high, but in no case lower in height than the materials to be stored. If stored materials exceed eight feet in height, then landscaping shall be provided along the outside perimeter of that portion of the fence or wall visible from the public right-of-way. The landscaping shall be in addition to the fence or wall. The installed height of the landscaping shall be equal to or greater than one-half the height of the fence or wall.

(Code 1973, ch. 29, § 7-204; Ord. No. 92-175, 12-22-1992)