Bryan City Zoning Code

CHAPTER 1171

Landscaping, Screening, and Lighting Regulations

1171.01 PURPOSE.

Visual screening or landscape buffers shall be provided for the following purposes:

(a) To remove, reduce, lessen or absorb the impact between one use or zoning district and another;

(b) To soften the appearance of building masses and break up and reduce the impact of large parking areas;

(d) To minimize potential noise, glare and visual clutter of outdoor storage, rubbish areas, dumpsters, parking and loading areas by obscuring the view with landscaping and screening; and

(e) To provide protection from soil erosion.

(f) To establish a minimum standard for the consistent appearance of plant material in the community landscape.

(Ord. 62-2023. Passed 1-16-24.)

1171.02 SCREENING AND BUFFERING WHEN LOT ABUTS A RESIDENTIAL DISTRICT OR RESIDENTIAL USE.

Screening and buffering along the entire length of the common boundary shall be provided in accordance with the following regulations and shall be approved as part of the development plan required by Chapter 1181.

(a) When Required. A buffer yard shall be required when:

(1) A lot in any Commercial or Industrial District abuts a Residential District;

(2) A lot in a Multi-Family District abuts a Single-Family or Traditional Residential District;

(3) A lot in the R-1 District is developed with attached single-family units as part of a PURD; or

(4) A lot in a Residential District is devoted to a nonresidential use.

(b) Width of Buffer Yard. Each required buffer yard shall have a minimum width equal to the parking setback required for the district, except as otherwise required in Section 1152.07(h) for PURDs.

(1) A dense vegetative planting incorporating existing trees and/or shrubs or new plantings of a variety, which shall be equally effective, with seventy-five percent (75%) opacity, in winter and summer.

(2) A non-living opaque structure such as a solid masonry wall, or a solid fence.

(3) A fence which is fifty percent (50%) open through which light and air may pass, together with a landscaped area at least five (5) feet wide. The landscaped area shall consist of one (1) shade tree and five (5) shrubs for every 100 linear feet.

(4) A landscaped mound or berm a minimum of ten (10) feet wide and six (6) feet tall. The landscaping shall consist of one (1) shade tree and five (5) shrubs for every 100 linear feet.

(d) Location. The location of the wall, fence, or vegetation shall be placed within the buffer yard to maximize the screening effect, as determined by the Planning Commission.

(e) Height of Screening. The height of screening shall be in accordance with the following:

(1) Visual screening walls, fences, berms or mounds and fences in combination shall be a minimum of six (6) feet high measured from the natural grade, except as otherwise required in subsection (e)(3) below.

(2) Vegetation shall be a minimum of six (6) feet high measured from the natural grade, in order to accomplish the desired screening effect, except as otherwise required in subsection (e)(3) below. The required height shall be achieved no later than twelve (12) months after the initial installation.

(3) Whenever the required screening is located along the common side lot line in the area extending from the front building line of the abutting residential use to the street, the required screening shall not exceed a height of three (3) feet. Fences and walls in a front yard shall also comply with Section 1171.07. (Ord. 62-2023. Passed 1-16-24.)

1171.03 LANDSCAPING ALONG THE STREET FRONTAGE.

(a) All areas within the required building and parking setback, excluding driveway openings, shall be landscaped with the following minimum plant materials.

(1) Three major shade trees shall be provided for every 100 linear feet of lot frontage or fraction thereof, not including drive entrances. Each tree, at the time of installation, shall have a clear trunk height of at least six (6) feet and a minimum caliper of two (2) inches.

(2) Twenty (20) shrubs shall be provided for every 100 linear feet of lot frontage or fraction thereof, not including drive entrances.

(3) All areas not devoted to trees and shrubs shall be planted with grass, ground cover or other live landscape treatment, excluding paving or gravel.

(4) Trees and shrubs may be aggregated appropriately.

(b) The following are exceptions to subsection (a) above:

(1) Lots devoted to single-family detached and two-family dwellings

(2) Whenever the building setback is five (5) feet or less, these requirements shall not apply. (Ord. 62-2023. Passed 1-16-24.)

1171.04 SCREENING AND LANDSCAPING OF PARKING LOTS.

(a) Landscaping on the Interior of Parking Lots: Interior landscaping of parking lots shall be provided in accordance with the following requirements.

(1) For any parking area designed to accommodate forty (40) or more vehicles, each parking space shall be within 100 feet of a landscaped area. Each row of parking shall include one landscaped island at each end.

A. Each landscaped island shall be a minimum of the dimension of one parking space, based on the angle of the space. See Section 1172.11;

B. Within the landscaped islands, there shall be provided one major shade tree for every ten (10) parking spaces. Each tree, at the time of installation, shall have a clear trunk height of at least six (6) feet and a minimum caliper of two (2) inches.

C. Shrubs or low, spreading plant materials may be planted within the required landscaped islands provided there is no impairment to the visibility of motorists or pedestrians.

D. Landscaped areas along the perimeter of the parking area, or in any part of a yard, shall not be counted as interior parking lot landscaped areas.

(2) For the purpose of this Section, the area of a parking lot shall be the total vehicular surface area within the perimeter of the parking lot, including the landscaped islands, parking spaces and all circulation aisles except those with no parking spaces or landscaped islands located on either side.

(b) Screening Along Public Streets and Perimeter of Parking Areas. Whenever parking areas consisting of five (5) spaces or more are located such that the parked cars will be visible from a public street, screening, in addition to the interior landscaping required in subsection (a) above, shall be provided and maintained between the parking area and the street right-of-way.

(1) All shrubs, berms, walls, and fences shall have a minimum height of three (3) feet, and shall cover at least fifty percent (50%) of the perimeter of the parking area.

(2) Such landscaping and/or screening shall be located parallel to and within five (5) feet of the edge of the parking lot.

(3) If the landscaping along the street frontage required in Section 1171.03 meets the coverage and location requirements in subsections 1171.04(a)(1) and (2) above, then such landscaping along the street frontage may be used to meet the screening requirements of subsection (b) hereof.

(Ord. 62-2023. Passed 1-16-24.)

1171.05 SUPPLEMENTAL LANDSCAPING REQUIREMENTS FOR THE C-3 DISTRICT.

When the owners of two (2) or more lots in the C-3 District form a joint agreement to eliminate the side and rear yard parking setbacks, pursuant to the requirements of Section 1161.04, any parking areas located on such lots shall be considered one parking lot and shall comply with the landscaping requirements for the interior of parking lots as set forth in Section 1171.04. Maintenance and upkeep of such landscaped areas shall be agreed upon by the owners in the joint agreement required in Section 1161.04. (Ord. 62-2023. Passed 1-16-24.)

1171.06 SCREENING OF ACCESSORY USES.

In Multi-Family, Commercial and Industrial Districts and for nonresidential uses in residential districts, screening of accessory uses shall be provided according to the following:

(a) Waste receptacles and loading areas shall be screened using a method prescribed in Section 1171.02(c).

(b) Permitted accessory outdoor storage of goods, supplies, equipment or vehicles used in the operation of an establishment, where permitted, shall be enclosed with a solid fence or wall, including solid gates. The wall or fence shall have a height tall enough to conceal all operations and materials therein from the view of any observer standing at the grade level of an abutting residential district line or a public street.

(c) Selected screening shall be a minimum of six (6) feet in height placed adjacent to the waste receptacles, storage or loading areas so as to effect screening from any adjacent streets and any adjoining properties.

(Ord. 62-2023. Passed 1-16-24.)

1171.07 REQUIREMENTS FOR FENCES AND WALLS.

(a) Fences shall be of chain link, picket, split rail, sapling, louver, board on board, or other design, and, if painted, shall be one color. The smooth finished side of the fence or wall shall be the side of the fence that faces outward from the lot or yard being fenced when the fence is located within three (3) feet of a lot line.

(b) Fences and walls in any residential district, including multifamily, shall comply with the following:

(1) Front Yards and Corner Side Yards. Fences in a front yard or corner side yard shall not exceed forty-eight (48) inches in height above the natural grade and may be located in any part of the yard. At least fifty percent (50%) of the vertical surface of the fence located in a front or corner side yard shall be open. Fences which are not at least fifty percent (50%) open shall not exceed thirty-six (36) inches in height above the natural grade.

(2) Side and Rear Yards. Fences and walls in the interior side or rear yard shall not exceed six (6) feet in height above the natural grade.

(3) Construction, Maintenance and Repair. Fences that are painted, shall be one color. Fences and walls shall be maintained in good repair at all times by the owner and/or occupant of the lot on which they are located.

(c) Fences and walls in any commercial or industrial district shall comply with the following maximum height regulations as set forth for the district in which the use is located, unless a taller fence is specifically required elsewhere is this Planning and Zoning Code:

(1) Fences in a front yard or corner side yard shall not exceed forty-eight (48) inches in height above the natural grade and may be located in any part of the yard. At least fifty percent (50%) of the vertical surface of the fence located in a front or corner side yard shall be open. Fences which are not at least fifty percent (50%) open shall not exceed thirty-six (36) inches in height above the natural grade. Fences and walls in a front yard shall be used for decorative purposes only.

(2) A fence or wall in a side or rear yard shall not exceed a height of eight (8) feet, unless otherwise specified.

(Ord. 62-2023. Passed 1-16-24.)

1171.08 LANDSCAPING AND MAINTENANCE OF YARDS.

Required yards and all other portions of a lot not covered by permitted structures shall be landscaped with grass, trees, shrubbery and/or other appropriate ground cover or landscaping material, which at all times shall be maintained in good and healthy condition.

(a) All screening shall be free of advertising or other signs, except for directional signs and other signs for the efficient flow of vehicles.

(b) Trees and shrubs shall be arranged to create varied and attractive views and plant material should provide a variety of color displayed throughout the year.

(c) The required landscaping shall be maintained in healthy condition by the property owner and replaced when necessary. Replacement material shall conform to the original intent of the landscape plan.

(d) Maintenance and replacements requirements shall apply to landscaped areas within the public right-of-way adjacent to the subject property.

(e) Vehicle parking shall not be permitted in landscaped areas.

(f) Maintenance of landscaped right-of-ways shall be the responsibility of the adjacent land owner and/or an association.

(Ord. 62-2023. Passed 1-16-24.)

1171.09 APPROVAL PROCESS FOR REQUIRED LANDSCAPING, FENCES AND WALLS.

The location of proposed landscaping, fences or walls required to fulfill the standards and criteria of this Chapter shall be reviewed and approved as part of a development plan pursuant to Chapter 1181.

When a fence or wall is proposed at a separate time from any other development for new construction, additions or site renovation, a fence or wall may be approved administratively by the Zoning Administrator when the Zoning Administrator determines that the proposal:

(a) Complies with the requirements of this Section;

(b) Is consistent with any previously approved plan;

(d) Will have a minimal adverse impact to the surrounding areas.

If, because of the nature and location of the proposed fence or wall, the Zoning Administrator does not make such a determination, the request shall be referred to the Planning Commission and considered by the Commission according to the variance procedures in Chapter 1183.

(Ord. 62-2023. Passed 1-16-24.)

1171.10 FLEXIBILITY IN THE ARRANGEMENT AND PLACEMENT OF LANDSCAPING AND SCREENING.

The standards and criteria in this Chapter establish the City's objectives and levels of landscaping intensity expected. However, in applying these standards during the development plan review the Planning Commission may:

(a) Exercise discretion and flexibility with respect to the placement and arrangement of the required elements to assure that the objectives of the district and the proposed development or redevelopment are best satisfied.

(b) Grant a waiver allowing existing conditions, trees and/or vegetation retained on site to be used to meet the landscaping and screening requirements when it can be determined that the proposed measures equal or exceed the intent and provisions of this Chapter.

(Ord. 62-2023. Passed 1-16-24.)

1171.11 LIGHTING.

No lighting shall constitute a nuisance and in no way shall impair safe movement of traffic on any street or highway. All outside lighting shall be shielded from adjacent properties.