The purpose of this chapter is to provide the means for the promotion of the beautification of the city, the general welfare of its residents, and the conservation of its water resources through the application of the following policies and principles:

A.

Provide standards for the installation and maintenance of landscaping with trees and shrubs or waterless decorative rock and cactus or a combination thereof;

B.

Encourage the use of plant and tree varieties indigenous to arid regions and characterized by low water consumption. A waterless rock and/or cactus-type of landscaping is a viable option in the low desert area;

C.

Provide standards for screening and unattractive elements of multiple-family, commercial and industrial developments including but not limited to:

1.

Loading, delivery and service bays,

2.

Refuse pickup stations and containers,

3.

Parking areas,

4.

Outdoor storage areas,

5.

Vehicles.

(Ord. 98-918 § 1: Ord. 89-238 § 1 (part): prior code § 13.26.1)

A.

Permits or business licenses shall not be issued nor a use operated, until the applicant has presented satisfactory evidence to the city that he can comply with the regulations set forth in this chapter.

B.

Certificates of compliance or occupancy or business licenses shall not be issued nor a use operated, until the applicant has complied with regulations set forth in this chapter.

C.

All plant materials shall be selected from the list in Section 17.48.080 of this chapter. Other equivalent materials may be used upon approval of the development services director.

D.

Outdoor bodies of water, including but limited to fountains, streams, lakes and displays using water, shall not be permitted in any multiple-family, commercial, or industrial development, unless the water is recycled.

E.

Irrigation systems shall be spray, flood, soaker or drip-type systems and shall have a pressure-type vacuum breaker on all systems.

F.

The landscaped areas and irrigation systems shall be designed, constructed and maintained to promote water conservation and to prevent the loss of water through overflow or seepage into other areas and in excessive quantities into public streets as prohibited by this code.

G.

All landscaped areas shall be protected from vehicular traffic by the use of concrete curbs or bumper guards securely installed in all parking areas and along driveways. Extruded curbs are not acceptable.

(Ord. 2008-71 § 1: Ord. 93-591 § 3: Ord. 89-238 § 1 (part): prior code § 13.26.4)

Compliance with the regulations for landscaping and screening shall be required when one or more of the conditions described in this section are applicable.

A.

As a condition of rezoning or conditional use permit issuance;

B.

As a condition of building or installation permit issuance for construction of a main building or for work that results in an increase in the number of structures on the site and/or an increase in the square footage of the structure(s) by more than ten percent;

C.

When a building, lot or structure has a change of use and landscaping and screening improvements existing on the subject lot do not meet the regulations established herein.

(Ord. 93-591 § 1: Ord. 91-438 § 2: Ord. 89-286 § 2: Ord. 89-238 § 1 (part): prior code § 13.26.2)

The following words, terms, and phrases, when used in this chapter shall have the meanings ascribed to them in this section, except when the context clearly indicates a different meaning:

"Landscaped berm" means a mound of earth with landscape materials located thereon and which in total do not exceed three feet in height.

"Landscape material" means materials used for the purpose of landscape improvements including: living plant materials, trees, shrubs, ground cover, decorative rock, walkways, berms, fences, walls, and other materials approved by the development services director.

"Landscape plan" means a graphic representation of the landscape improvements including a list of all plants and ground cover with quantities and sizes of each, irrigation plan, and locations of all proposed and existing landscape materials.

"Landscaping" means improvements to the existing landscape by installation of landscape materials and an irrigation system according to an approved landscape plan.

"Lot area" means the total area measured in square feet contained within the perimeter of a lot.

"Nonconforming landscaping and screening device" means any landscaping or screening device which was lawfully in existence prior to such time as it came within the purview of this chapter, as amended, and which fails to conform to all applicable regulations and restrictions of this chapter.

"Screening device" means a device used to conceal unattractive areas or elements of a development from street or public view and to buffer potentially incompatible uses.

(Res. No. 2010R-12, § 16, 2-16-2010; Ord. No. 2010-2, § 1, 2-16-2010; Ord. 2002-3 § 1; Ord. 98-918 § 2: Ord. 97-869 § 45; Ord. 96-813 §§ 2, 3; Ord. 93-591 § 4; Ord. 89-238 § 1 (part): prior code § 13.26.3)

A.

Two copies of the landscape plan shall be submitted with the application for building permit. Such plan may be included on the site plan required for the building permit or on a separate plan sheet.

B.

The landscaping shall be installed:

1.

Prior to the issuance of a certificate of occupancy; or

2.

Within sixty days of the issuance of a certificate of occupancy, provided the development services director has accepted a cash bond, cash deposit or an assured letter of credit, in an amount sufficient to guarantee the installation of the landscaping, in lieu of the immediate installation of the landscaping. The site shall be maintained in a dust-free manner until the landscaping is installed.

C.

Other elements of the landscape plan, including screening devices, walls, etc., shall be installed prior to the issuance of a certificate of occupancy.

(Res. No. 2010R-12, § 16, 2-16-2010; Ord. No. 2010-2, § 1, 2-16-2010; Ord. 89-238 § 1 (part): prior code § 13.26.5)

A.

A single-family residence constructed after the effective date of this code shall not have more than twenty-five percent of the total lot area of the lot on which the single-family residence is to be constructed, covered with natural grass. Artificial grass or turf may be used.

B.

All multiple-family, commercial, and industrial developments on lots shall be landscaped as set forth below.

1.

There shall be a landscaped area at least five feet wide adjacent to all street right-of-way lines within the limits of projects zoned for multiple-family or commercial uses. There shall be a landscaped area at least twenty feet wide adjacent to all street right-of-way lines within the limits of projects zoned for industrial uses.

2.

At the time of planting, all required trees shall be a minimum of fifteen gallons in size and all required shrubs, accents, or vines shall be a minimum of five gallons.

a.

One tree for each fifty lineal feet of street frontage rounded to the nearest whole number divisible by fifty. Trees shall be selected from Section 17.48.080 of the city code.

b.

Two shrubs, accents, or vines for each twenty-five lineal feet of street frontage rounded to the nearest whole number divisible by twenty-five. Shrubs, accents, or vines shall be selected from Section 17.48.080 of the city code.

c.

Ground cover selected from Section 17.48.080 of the city code that total two percent of the total lot area.

d.

The balance of the required landscaped areas shall be covered with a minimum of one and one-half inches of decomposed granite.

3.

The area lying between the owner's property lines and the existing curb and/or pavement improvements shall also be landscaped by the property owner using the landscape materials as defined and permitted by this chapter.

4.

The interior of all areas used for parking lots shall be landscaped as set forth below.

a.

Landscaped areas shall contain a minimum of twenty-five square feet and shall have a minimum average width of at least five feet.

b.

For every ten required parking spaces, or portion thereof, a minimum of two shrubs shall be provided within the interior of the parking area. Shrubs located in the interior of the parking areas shall not exceed three feet in height.

c.

The balance of the landscaped areas shall be occupied by any of the landscape materials as defined and permitted by this chapter.

5.

All areas under development which are not occupied by the primary and accessory uses or structures or parking areas shall also be landscaped.

(Ord. 2008-71 § 2: Ord. 2001-14 § 1: Ord. 2000-1074 § 1; Ord. 98-918 § 3: Ord. 89-238 § 1 (part): prior code § 13.26.6)

A.

Landscaped areas shall be maintained by the owner of the property. If the property is leased to another party, then both the owner and the lessee of the property shall be responsible for maintaining such landscaped areas under this chapter. Landscaped areas shall be kept free of trash, debris, weeds, and/or dead plants through pruning, trimming, watering or other means to ensure an attractive appearance.

B.

Maintenance of the area lying between the owner's property lines and the existing curb and/or pavement improvements, shall be the responsibility of the property owner. The area lying between the owner's property lines and the existing curb and/or pavement improvements shall be maintained free from all litter, trash and weeds.

C.

All dead or removed plant materials shall be replaced with plants selected from the approved plant list.

D.

All landscaped areas shall have a watering system where necessary to maintain the life of the landscape materials.

E.

Any shrubs located in a parking area or within the twenty-five foot sight triangle of a driveway or street intersection shall be kept trimmed to a maximum height of three feet from the grade of the pavement.

(Ord. 98-918 § 5: Ord. 89-238 § 1 (part): prior code § 13.26.8)

The list set forth in this section contains those plants of the Lower Colorado River Valley deemed "water wise" by the University of Arizona College of Agriculture and the Mohave County Cooperative Extension.

TREES

TREES (Fruit and Nut)

While using more water, fruit and nut trees have been listed because of their value.

SHRUBS

VINES

ACCENTS

GROUNDCOVER

(Ord. 2008-71 § 3; Ord. 2000-1074 § 2)

A.

Screening devices located on land zoned single-family residential shall be made of chain link with ultra violet resistant, interlocking vertical privacy slats, brick, masonry block, masonry with a stucco or mortar wash finish, cedar, or redwood.

B.

Multiple-family, commercial, and industrial developments:

1.

Screening devices materials.

a.

Screening devices located on land zoned for multiple-family, commercial, or industrial uses shall be made of brick, masonry block, masonry with a stucco or mortar wash finish, cedar, redwood, or chain link with ultraviolet resistant, factory installed interlocking vertical privacy slats. There shall be a maximum spacing of one-eighth inch between slats or wooden members.

2.

Separation of uses or districts.

a.

A screening device shall be constructed along property lines contiguous to single-family residential uses or zoning districts, or along those separated by an alley or a dedicated easement, as a condition of issuing any building permit allowing the construction of a multiple-family, commercial, or industrial development. The screening device shall be a minimum of six feet in height.

b.

A screening device shall be constructed along property lines contiguous to multiple-family residential uses or zoning districts, or separated by an alley from any commercial or industrial use or zoning district where no such device exists on the adjacent property because of nonconforming status. The screening device shall be a minimum of six feet in height.

c.

Chain link with ultra violet resistant, factory installed interlocking vertical privacy slats shall not be used to separate uses or districts.

3.

Gates.

a.

Where a required screening device must also be used as a gate in multiple-family, commercial, or industrial uses, it shall be a minimum of six feet and made of cedar, redwood, chain link with ultra violet resistant, factory installed interlocking vertical privacy slats or other material approved by the development services director.

4.

Operations.

a.

All commercial and industrial uses shall be conducted within a completely enclosed building or an area completely enclosed with a six-foot screening device as described herein.

5.

Mechanical equipment.

a.

Mechanical equipment whether roof or ground mounted, shall be screened from both street and public view to include residential districts by a screening device constructed of any of the materials permitted by the definition of a screening device for lands zoned multiple-family, commercial or industrial.

6.

Receptacles used for the storage of trash or recyclable materials.

a.

Receptacles shall be located in an area approved by the development services director in accordance with applicable code.

b.

In addition, it shall be the responsibility of the property owner and/or the permit applicant to provide the public development services with written confirmation of the trash hauler's approval of the receptacle location prior to permit issuance.

c.

All receptacles shall be screened from street or public view by a six-foot screening device on three sides. The fourth side shall be a gate a minimum of six feet and made of cedar, redwood, chain link with ultra violet resistant, factory installed interlocking vertical privacy slats or other material approved by the development services director.

d.

The screening device for a receptacle shall be placed on a six-inch thick concrete pad that matches the adjacent grade and paving to provide positive drainage.

e.

All other receptacles allowed shall be screened from street or public view by a screening device in a manner approved by the development services director in accordance with applicable code.

7.

Storage containers.

a.

Storage containers shall only be located in the rear or side yards.

b.

Storage containers shall be screened from both street and public view to include residential districts by an eight-foot screening device.

c.

As an alternative to screening, the exterior of a storage container may be modified to match the color and/or materials of the principal building on the same property. This alternative may be achieved using stucco, siding, and/or other approved building materials.

(Ord. No. 2022-21, § 1, 5-17-2022; Ord. No. 2018-05, § 1, 4-17-2018; Ord. No. 2015-15, § 1, 10-20-2015; Res. No. 2010R-12, § 16, 2-16-2010; Ord. No. 2010-2, § 1, 2-16-2010; Ord. 2008-47 § 1; Ord. 2002-3 § 2: Ord. 2000-1082 § 2; Ord. 98-953 § 1; Ord. 98-918 § 7: Ord. 97-869 §§ 48—57; Ord. 96-813 §§ 4, 5; Ord. 90-410 §§ 3, 4; Ord. 90-363 §§ 1, 2; Ord. 89-238 § 1 (part): prior code § 13.26.10)

A.

The development services director may grant exemptions to the regulations set forth above based on:

1.

Lot size and dimensions;

2.

Amount of existing lot coverage and building locations;

3.

Surrounding uses;

4.

If the request involves the screening of the trash enclosure, written verification from the appropriate trash hauler stating that they will not be able to serve the property in question if the trash receptacle is enclosed.

B.

A request for an exemption shall be made on the city's application and as a minimum the following shall also be submitted:

1.

A fully dimensioned site plan of the subject parcel and any existing or proposed buildings;

2.

Square footage totals for lot(s), all buildings, landscaping and parking;

3.

Locations of all buildings, landscaping, and parking;

4.

Written text outlining why a hardship will be created if strict application of the regulations set forth herein are enforced;

5.

If the exemption involves the screening of the trash enclosure, written verification from the appropriate trash hauler stating that they will not be able to serve the property in question if the trash receptacle is enclosed.

C.

The development services director shall make a determination and notify the applicant in writing, within thirty days of the submittal.

D.

If the applicant wishes to appeal the development services director's decision, a request shall be submitted to the board of adjustment in accordance with the procedures set forth in Chapter 2.48 of this code.

(Res. No. 2010R-12, § 16, 2-16-2010; Ord. No. 2010-2, § 1, 2-16-2010; Ord. 98-918 § 8; Ord. 93-591 § 6: Ord. 91-438 § 3)

A.

All landscaping and screening shall comply with the requirements of this chapter.

B.

All violations of this chapter shall be processed in accordance with Chapters 17.54 and 17.56 of this code.

(Ord. 98-918 § 9)