1. A.
   The purpose and intent of this Article is to preserve and promote the health, safety and general welfare for the citizens of Boone County. The County has an abundant resource and amenity with the tree and vegetation cover located within the County. This resource provides ecological, environmental and economic benefits to every resident or employee within Boone County. Development often requires the removal of this resource in order to accommodate new structures, parking and vehicular access.
2. B.
   Certain land uses by their nature are not compatible with other land uses. These incompatible uses can create adverse visual impacts, noise, light, and air pollution, which could potentially diminish the quality of life and the health, safety and welfare of the community. This Article shall serve to mitigate these impacts and hazards and improve the visual character of the community. landscaping also provides a separation between parking areas and buildings which defines pedestrian and vehicular circulation areas and lessens the visual impact and mass of continuous building facades. Therefore, this Article requires landscaping to be planted between uses, around buildings, within and around parking lots, around signs and along street frontages in order to:

   1. 1.
      Encourage the preservation of existing trees and vegetation and replenish vegetation that is removed.
   2. 2.
      Facilitate the creation of an attractive and harmonious community which enhances property values.
   3. 3.
      Improve the visual quality of the County by minimizing negative impacts of development such as dust, glare of lights, parking lots, traffic, outside storage, loading docks, and buildings.
   4. 4.
      Reduce environmental impacts, such as, noise, air and light pollution, reduce stormwater runoff and decrease soil erosion, improve water quality, protect wildlife habitat, and reduce heat convection from impervious surfaces.
   5. 5.
      Minimize conflicts between land uses, reduce visual impacts to adjoining properties and public rights-of-way, create a transition between dissimilar land uses, promote and preserve the character and value of an area, and provide a sense of privacy.
   6. 6.
      Establish standards for the location, spacing, quantity, type, size, protection, planting and maintenance of landscape materials in order to accomplish the objectives listed above.

Effective on: 12/20/2022

1. A.
   This article applies to all developments subject to Site Plan Review as required by ARTICLE 30 and does not apply to detached single family residential development except for the requirements in SECTION 3619 "Street Trees."  The requirements stated in this article shall be addressed during the applicable Site Plan Review procedures outlined in ARTICLE 30 for all sites listed below:

   1. 1.
      New Sites Currently Undeveloped - No new site development, building, or structure shall be constructed or vehicular use area created or used unless landscaping is provided as required by this Article.
   2. 2.
      Existing Sites Currently Developed - Improvements to an existing site that include building additions, vehicular use area expansions or load/unloading area expansion shall only be required to be landscaped in those areas which align with new improvements.

Effective on: 12/20/2022

1. A.
   A landscaping Plan will be required as part of the Site Plan Review procedure. The information required on this plan is listed in ARTICLE 30, SECTION 3004, Item 12.
2. B.
   The owner of the property is responsible for maintenance of all landscaping materials, and shall keep all plants in a proper, neat and orderly appearance, free from refuse and debris at all times. All unhealthy or dead plant material shall be replaced by the next planting season.
3. C.
   All landscaping shall be installed and maintained according to the Planting Details contained herein.
4. D.
   The Plant Lists within this article identify types of plants that are compatible with U.S.D.A. Zones for Plant Hardiness and are arranged by the size of plant. Deviations from the plant lists will be permitted, but the applicant must identify this deviation and provide information of the size and characteristic of the plant. Any deviations from the approved landscaping plan shall be pre-approved by the Planning Commission staff before the plant is installed. A minimum of two species shall be used from each required plant list on all sites. Sites that are greater than one acre in size shall not use any one cultivar for more than 35 percent of the plants required from any single plant list.
5. E.
   All trees from Plant List D shall be a minimum of six (6) feet (not to include the root ball) in overall height at the time of planting. In addition, all trees from Plant List a and B shall be a minimum of two (2) inches in caliper size. Small trees from Plant List C shall have a minimum installation size of 1 1/2 inches in caliper size or six (6) feet in height if a “clump” variety. Tall shrubs from Plant List C shall have a minimum installation size of twenty-four (24) inches B & B and small/low shrubs from Plant List E shall have a minimum installation size of three (3) gallons.
6. F.
   All plant material must be installed according to the approved landscaping plan by no later than the next planting season or within six (6) months from the date that a building occupancy permit is issued, season permitting. If no occupancy permit is required all plant material must be installed by the next planting season from the date of approval for the landscaping plan.
7. G.
   All plant material that is selected should be able to tolerate their specific planting environment, including but not limited to exposure to sunlight or shade, and be easily maintained. Also, all landscaping shall be designed and installed to permit access to any area where repairs, renovations or maintenance to site, buildings, utilities, etc. can be reasonably expected, and shall not interfere with overhead utility lines at maturity.
8. H.
   Figures 36-8 and 36-14 provides representative formulas for determining the quantities of plants required by several Sections in this Article.

Effective on: 12/20/2022

1. A.
   Inspections will be conducted by the applicable Zoning Inspector before and after construction to assure compliance with the submitted and approved Site Plan. Post Development site inspections will be conducted according to ARTICLE 30.

Effective on: 12/20/2022

1. A.
   The Zoning Administrator shall have the authority to grant a waiver of any of the requirements in this article except SECTION 3655 upon receipt of a written request which outlines the rationale for the waiver. The Zoning Administrator shall review each written request and grant a waiver only: under unusual or extreme circumstances which cause an unreasonable hardship such as the size of the lot; or, when a design proposal is more responsive to and compatible with the surrounding environment than would otherwise be achieved under the requirements of this Article; or, when an innovative or alternative approach can be made which still meets the intent and purpose of this Article.

Effective on: 12/20/2022

1. A.
   No landscaping materials which impair visibility for motorist shall be placed in sight triangles. See ARTICLE 321 for diagram of sight triangles. Any plant materials taller than three and one-half (3.5) feet above the adjoining driving surface at maturity shall not be permitted within sight triangles. This includes trees which are limbed up because a mature tree trunk can impair motorist visibility.

Effective on: 12/20/2022

1. A.
   Street trees shall be provided with the construction of all new dwelling units within residential districts that are subject to the Zoning Permit procedure. Large canopy trees (deciduous and single trunk) from Plant List a with a minimum installation size of two (2) inch caliper shall be provided at a minimum rate of one tree per fifty (50) linear feet of lot width for each road frontage. The width of any driveway(s) at the right-of-way line shall be subtracted from the total width of the applicable frontage(s) for the purposes of calculating the required street tree quantity. The required trees shall be placed on the subject lot and within twenty (20) feet of the right-of-way line, and shall be dispersed across the lot’s street frontage. The required trees shall be placed within the adjoining street right-of-way if required by any applicable Preliminary Plat or Concept Development Plan approval, or by agreement with the applicable legislative body. The placement of street trees shall not interfere with any underground or overhead utilities, shall be placed at least ten (10) feet from fire hydrants, shall conform to any applicable requirements of utility providers, and shall not be placed within sight triangles per SECTION 3618. The required street trees shall be delineated on the plot plan required through the Zoning Permit procedure. Alternative planting schemes which deviate from the requirements of this section may be proposed during the plan review process.

Figure 36-1
Street Trees

Effective on: 12/20/2022

1. A.
   When a use adjoins a street, regardless of whether it is public or private, landscaping shall be required from Buffer Yard A (See Table 36-2). This landscaping is not required to be placed in a linear design, but shall be required to be dispersed throughout the street frontage and not clustered entirely at the ends of the property. This landscaping will provide screening for vehicular use areas, while also allowing flexibility for uses which require high visibility from street frontages. The required shrubs from Plant List C and E can be reduced by fifty percent (50%) if the buffer yard width is increased from 10 feet to twenty (20) feet and can be eliminated if the buffer yard area is increased to thirty (30) feet. However, in all cases the trees required from Plant List A, B, C, or D shall still be required.

Effective on: 12/20/2022

1. A.
   Landscaping shall be provided for vehicular use areas, as defined in ARTICLE 40 in accordance with the following standards:

   1. 1.
      A minimum of five percent (5%) of the total VUA shall be landscaped and the landscaping shall be dispersed throughout the paved area (See Figure 36-2). This V.U.A. landscaping shall only be required for uses which have more than fifty (50) parking spaces. This landscaped area cannot be combined into one large planting area, except as permitted by Items 4 and 5 of this section. No interior landscaping will be required within industrial districts if the V.U.A. is located outside of front yard and corner side yard areas. This interior landscaping shall be in addition to any other planting or landscaping required within this article.
   2. 2.
      The VUA landscaping shall contain a variety of trees listed from Plant List A and be dispersed in the form of islands or peninsulas throughout the VUA (See Figure 36-2). The minimum size of planting areas shall be nine (9) feet in width and eighteen (18) feet in length.
   3. 3.
      Planted areas will be required to have one (1) tree from Plant List A per one hundred sixty-two (162) square feet of area if designed as in (Figure 36-3) and one (1) tree per forty (40) linear feet, (or faction thereof), if designed as in (Figure 36-4).
   4. 4.
      Planted areas shall be required at the end of every other parking row and when parking adjoins each other at or near right angles (See Figure 36-5). Planting areas that are a minimum of six hundred (600) square feet will be required if rows of parking are unbroken for one hundred eighty (180) linear feet or more (See Figure 36-3).
   5. 5.
      Sites which have large uninterrupted circulation areas for tractor trailers and trucks, such as warehouses and distribution centers, can provide one or more large landscape islands in order to comply with the required five percent (5%) landscaped area within the large circulation areas.
   6. 6.
      All planting islands shall be planted with either grass, low ground cover, shrubs, flowers, mulch or any combination of these. Hard surfaces or gravel are not permitted. All planting islands shall have minimum six (6) inch curbs installed to protect the planting area from vehicular traffic.
   7. 7.
      All plant material (other than grass or ground cover) located within landscape islands where vehicle overhangs are needed shall be setback a minimum of 2'-6" from the edge of pavement or face of curb (See Figure 36-6).

Figure 36-2
Interior Landscaping
Vehicular Use Area (VUA) = A x B - Building Area (building plus sidewalk plus building landscaping) 5% of VUA = Interior Landscaping

Figure 36-3
Interior Landscaping

Figure 36-4
Interior Landscaping

Figure 36-5
Interior Landscaping

Figure 36-6
Interior Landscaping

Effective on: 12/20/2022

1. A.
   Any blank facade or portion of a facade of a building that is not used for outdoor display, storage or loading/unloading shall be required to provide the following landscaping if the wall is visible from a public right-of-way. Blank facades shall be classified as any wall or portion thereof which does not have windows used for display or entry doors for customers or the general public. Buildings which are 10,000 square feet or smaller shall be exempt from the requirement within this section.

   1. 1.
      Trees from Plant Lists A, B, C, and/or D shall be provided on an average of at least one tree per 40 linear feet of blank facade as defined above and shrubs from Plant List E shall be provided on an average of at least one shrub per ten (10) linear feet of blank facade; the minimum required amounts of trees and shrubs may be substituted for one another at a ratio of one tree for every four shrubs. This landscaping is not required to be placed in a linear design, but shall be required to be dispersed throughout the length of the building facade. If the required buffer yard can be used to adequately reduce the view of the facade from the public right-of-way no building landscaping shall be required. However, the determination of whether the required buffer yard can be used for building landscaping shall be determined by the Boone County Planning Commission Staff.
   2. 2.
      Facades that abut VUAs shall have a minimum eight (8) feet wide planting area. This planting area can be reduced by four (4) feet if sidewalks are installed.

Effective on: 12/20/2022

1. A.
   The loading/unloading areas, storage areas, utility and mechanical equipment and trash collection areas shall be screened from any public street right-of-way or if visible to an adjoining property. This screening shall be accomplished by continuous solid closed fence or wall if such a structure is permitted on the affected portion of the site by Sections 3153 and 3655, earthen berm, hedging, evergreen plant materials or combination thereof which is high enough to effectively screen the items mentioned above from view. Any wall or fence shall be the same or compatible, in terms of texture and quality, with the material and color of the principal building. This section does not apply to sites within the I-1 and I-2 districts when the activities noted above are located on a site so that they abut other I-1 or I-2 zoned sites, or abut a local or subcollector street when the area across the street is zoned I-1 or I-2; this section does apply to I-1 and I-2 zoned sites, or portions thereof, where neither of these circumstances exist (also refer to SECTION 3154).

Figure 36-7
Loading/Unloading, Utility, and Mechanical Equipment Landscaping

Effective on: 12/20/2022

1. A.
   Table 36-1 indicates the buffer yard which is required when one zoning district adjoins another zoning district. If the adjoining property falls within the same zoning district as the use being developed, a buffer yard shall still be required. This buffer yard along with all buffer yards are identified within Table 36-2. This table specifies the width of the required buffer yard and the plant material required for the specified buffer yard (also refer to Figure 36-8).
2. B.
   A buffer yard is defined as a planted area that is used to separate different sites and uses that are not compatible. This planted area should reduce or eliminate noise and light pollution and other adverse impacts, while providing a year-round or partial visual separation. Buffer yards shall consist of a continuous strip of land and screening that shall contain existing vegetation, planted vegetation, a berm, a wall or fence or any combination of these. Buffer yards shall be required in addition to any other landscaping requirement listed in this Article except SECTION 3620.

   1. 1.
      The buffer yard shall extend along the entire property line which abuts another or an incompatible land use.
   2. 2.
      A proposed use may reduce the required buffer yard width by one-half if the developing use adjoins an existing use which has an established mature buffer which meets or exceeds the buffer yard required for the adjoining developing use. However, the same quantity of plant material shall still be required within the buffer yard if a healthy planting environment can be provided.
   3. 3.
      The elimination or reduction of buffer yard requirements can be made if a developing site contains healthy mature vegetation. The amount of reduction permitted will depend on the size, type and density of the trees and vegetation which exists on the site. However, the maximum reduction which can be made in the buffer yard width is fifty percent (50%). The required plant material can be completely eliminated if the existing vegetation accomplishes the type of screening required by the prescribed buffer yard. If this is not accomplished by the existing vegetation, then evergreens, fencing, berming, masonry wall or combination shall be used to supplement the existing screening if required within that buffer yard. The determination regarding whether a buffer yard is not required or regarding the amount of reduction which can be permitted shall be made during the Site Plan Review process.
   4. 4.
      Buffer yards can be located within building setbacks, and in some circumstances can be located within utility easements or rights of ways. However, this will require approval by the Planning Commission Staff and shall only be permitted if the required amount of plant material can be accommodated in an area in which the plants will be permitted to flourish. Planting within these areas shall require a written agreement from the grantee of the easement or owner of the right-of-way. If the vegetation is removed or damaged because of necessary maintenance or construction, it will be the responsibility of the owner of the property to replace the required vegetation at their expense. No activity can be conducted within the buffer yard except for ingress and egress to the site (including driveway connections between adjoining sites), sidewalk and bicycle trail connections between adjoining sites, retaining walls, and passive recreation uses. In addition, detention and retention system can also be located within the required buffer yards, however, the visual screening requirements shall not be altered or diminished. Activities not permitted within buffer yards shall include parking, loading, storage, paving, except for that mentioned above, or accessory structures.
   5. 5.
      The design and exact placement of the buffer yard shall be the decision of the designer or developer, but shall be reviewed during Site Plan Review procedure to ensure compliance with this article. However, trees and shrubs should be planted a minimum of five (5) feet away from the property line to ensure maintenance access and to avoid encroachment on neighboring property.
   6. 6.
      When a proposed use adjoins an undeveloped parcel of property the required buffer yard shall be determined by the adjoining property’s zoning designation and shall be installed in the time period required by this Article as if the adjoining property were developed.
   7. 7.
      Buffer yards can be shared between uses in commercial or employment districts if an easement is provided and recorded or an agreement is made which indicates how maintenance and replacement of unhealthy plants will be accomplished. Buffer yards shall not be shared between residential and non-residential districts. The more restrictive buffer yard width and plant material shall be provided between the two properties in this instance if different requirements would normally apply.
   8. 8.
      This landscaping is not required to be placed in a linear design, but shall be required to be dispersed throughout the buffer yard.

Figure 36-8
Buffer Yards
STREET FRONTAGE:  200' total width - 25' curb cut and C overlap area = 115' 1.15 x 5 small trees = 5.75 = 6 1.15 x 3 large medium/evergreen trees = 3.45 = 4 1.15 x 30 small shrubs (option) = 34.5 = 35   BUFFER YARD A:  300' - 10' street frontage and 20' Buffer Yard B = 270' 2.7 x 5 small trees = 13.5 = 14 2.75 x 3 large/medium/evergreen trees = 8.1 = 9 2.7 x 15 large shrubs (option) = 40.4 = 41   BUFFER YARD B:  200' - 60' Buffer Yard C = 140' 1.4 x 5 evergreen trees = 7 1.4 x 6 large/medium/small/additional evergreen trees = 8.4 = 9 1.4 x 30 small shrubs = 42   BUFFER YARD C:  300' 3.0 x 10 evergreen trees = 30 3.0 x 8 large/medium trees = 24 3.0 x 35 large shrubs = 105   NOTE:  Fractions are rounded up to the next whole number

Figure 36-9
Buffer Yard A
Alternative 1
Alternative 2

Figure 36-10
Buffer Yard B

Figure 36-11
Buffer Yard C
Alternative 1
Alternative 2

Figure 36-12
Buffer Yard D
Alternative 1
Alternative 2

Effective on: 12/20/2022

1. A.
   All fences shall have the finished side facing out. No structural supports shall be visible from adjoining properties or right-of-way unless fence is designed so that such supports are visible from both sides.
2. B.
   Fences shall be permitted within all districts. The maximum height for fences within residential districts and the GR-R district is six (6) feet and fences shall be required to be located within the side or rear yards. Fences within commercial and office districts shall be permitted at a maximum height of eight (8) feet and fences within industrial districts shall be permitted a maximum height of twelve (12) feet.
3. C.
   All fences shall be constructed of durable materials and shall be installed to withstand the elements. Fences shall be maintained in good repair at all times. Barbed wire, stock wire, chicken wire, electric, and similar type fences are not permitted for residential uses in residential districts.
4. D.
   Fences shall be permitted within the front yard and corner side yard (Unincorporated Boone County, City of Union, and City of Walton only) according to the following standards:

   1. 1.
      The maximum fence height is four (4) feet. 
   2. 2.
      The maximum fence height in front yard and corner side yard areas in the I-1, I-2, and GR-BP zones is eight (8) feet provided the fence is set back a minimum of twenty (20) feet from the applicable property line, or set back a minimum of ten (10) feet from the property line when the applicable lot frontage abuts a local or subcollector street and the area across the street is zoned I-1 or I-2.  When a fence that exceeds four (4) feet in height is installed in a front yard or corner side yard in the I-1 or I-2 district, all plantings required for the ten (10) foot yard width per SECTION 3620 "Landscaping Along Street Frontages" shall be provided, irrespective of the actual setback dimension, and installed between the fence and the right-of-way line. 
   3. 3.
      Fences shall be of a decorative design, such as wrought iron, architectural steel, picket, wood or vinyl picket, or post and rail,  and shall be designed to have an opacity of fifty percent (50%) or less.  Utilitarian style fences, such as chain link with or without vinyl coating, barbed wire, stock wire, chicken wire, chains on posts, and similar styles, are not permitted.
   4. 4.
      No fence can be located within a public right-of-way nor can it be located in an area which will obstruct the sight triangle for any motorist or pedestrian as defined in ARTICLE 32.
5. E.
   Fences shall be permitted within the corner side yard (City of Florence only) according to the following standards:

   1. 1.
      The maximum fence height is four (4) feet.
   2. 2.
      The maximum fence height in corner side yard areas in the I-1 and I-2 zones is eight (8) feet provided the fence is set back a minimum of twenty (20) feet from the applicable property line, or set back a minimum of ten (10) feet from the property line when the applicable frontage abuts a local or subcollector street and the area across the street is zoned I-1 or I-2.  When a fence that exceeds four (4) feet in height is installed in a corner side yard in the I-1 or I-2 district, all plantings required for the ten (10) foot yard width per SECTION 3620 "Landscaping Along Street Frontages" shall be provided, irrespective of the actual setback dimension, and installed between the fence and the right-of-way line.
   3. 3.
      Fences shall be of a decorative design, such as wrought iron, architectural steel, picket, wood or vinyl picket, or post and rail, and shall be designed to have an opacity of fifty percent (50%) or less.  Utilitarian style fences, such as chain link with or without vinyl coating, barbed wire, stock wire, chicken wire, chains on posts, and similar styles, are not permitted.
   4. 4.
      No fence can be located within a public right-of-way nor can it be located in an area which will obstruct the sight triangle for any motorist or pedestrian as defined in ARTICLE 32.
6. F.
   Fences for Agricultural purposes are exempt from the requirements of this section.

[Ord. # F-O-20-2024, R-24-022-A, 11/19/2024] 

Effective on: 12/20/2022

1. A.
   The following list includes the Scientific Name and Common Name of plants arranged by size. Plant Lists A thru E found within this Article are defined as follows:

   1. 1.
      Plant List A: Large deciduous trees over fifty (50) feet in height at maturity.
   2. 2.
      Plant List B: Medium sized deciduous trees twenty-five (25) to fifty (50) feet in height at maturity.
   3. 3.
      Plant List C: Large Shrub or Small Tree ten (10) to twenty-five (25) feet in height at maturity.
   4. 4.
      Plant List D: Large evergreen trees over fifty (50) feet in height at maturity.
   5. 5.
      Plant List E: Shrubs which include all sizes.