The purpose of this article is to provide a buffer between land uses of differing intensity, improve the quality of life by creating a more attractive environment in which to live and work, and improve the overall quality of development. This purpose can be achieved by breaking up large expanses of paved areas, screening utilitarian and open storage areas, and providing appropriate buffer yards. The purpose of this article is also to provide environmental benefits such as absorbing noise, dust, and fumes, reducing glare from headlights, reducing erosion, reducing stormwater runoff, providing shade, improving the microclimate, and preserving existing vegetation.

(C.B. No. 2018-149, § 1(Exh. A), 9-18-18)

(a)

Any new use of land development of a structure shall provide and maintain landscaping and screening in accordance with the requirements of this article.

(b)

A change in the character of a use shall require that landscaping and screening in accordance with this article hall be provided and maintained. A change in the character of a use shall include:

(1)

Any expansion of the use onto additional property that is not part of the lot which the use is situated prior to the expansion.

(2)

Any expansion of the structure which the use is situated in by more than twenty-five (25) percent.

(c)

Each applicant for a special use, planned development, provisional use, or building permit which requires landscaping, shall include as part of the application a landscape plan demonstrating compliance with this article.

(d)

When a parking lot is enlarged, the added area shall comply with the requirements of this article for parking lots. When a parking lot is enlarged by more than fifty (50) percent in area, both the existing and new portions of the parking lot shall conform with these requirements. The requirement to bring the parking lot into compliance shall not reduce the number of parking spaces below the minimum number of spaces for that use or combination of uses.

(C.B. No. 2018-149, § 1(Exh. A), 9-18-18)

A landscaping plan shall be submitted showing elements as listed in section 37-534. The landscaping plan may be shown on the required site plan for parking lots, special uses, provisional uses, or building permit applications, or may be submitted as a separate document. A separate landscaping plan shall be required for planned developments in accordance with Article VI, Planned Developments.

(C.B. No. 2018-149, § 1(Exh. A), 9-18-18)

A landscaping plan shall include a date, north arrow, and common address of the development. The plan shall be drawn to scale and shall include dimensions, property lines, structure setbacks, parking areas and driveways. At a minimum, the following information shall be included on the landscaping plan:

(1)

A landscaping plan may be submitted as a separate document or a part of a larger site plan for a proposed development or building permit.

(2)

The location of trees, shrubs, and ground cover to be planted with appropriate labels as to type of landscaping that correspond with the plant materials.

(3)

Existing plantings and vegetation that will remain and that satisfy the planting requirements of this article.

(4)

Plant materials with the botanical and common names, and the size of all plant material at the time of planting.

(5)

Any required walls, fences, or berms being erected or installed to meet the requirements of this article.

(6)

If the public right-of-way adjacent to the site contains any publicly owned street trees, the site plan should include this area. Public streets must be protected during and following construction; plans ensuring this protection must be approved by the City Forester.

(7)

If special measures are required to preserve existing vegetation on private property to credit existing plantings, these measures should be described as part of the plan submittal.

(C.B. No. 98-2, § 1, 1-6-98; C.B. No. 2018-149, § 1(Exh. A), 9-18-18)

If there is no significant change in the quantity, size, or location of plant material and if new plants are of the same general category and have the same general design characteristics as the materials to be replaced, no modification of the landscaping plan is required. Replacement material must be from the approved plant list.

If changes to the landscaping plan are desired other than those above, the owner shall submit a modified landscaping plan for approval to the Zoning Administrator.

(C.B. No. 2018-149, § 1(Exh. A), 9-18-18)

For purposes of administering the requirements of this article, the following definition shall apply to the types of screens. Where trees and shrubs are required to be planted, such plant materials shall be from the Approved Plant List which is available for inspection in the office of the city clerk.

(a)

Type A screening. There shall be a minimum six (6) foot buffer yard and a decorative fence or wall which is a minimum of six (6) feet in height as measured from the elevation at the lot line. The fence or wall shall be a decorative fence or wall that meets the design standards of section 37-572.

(b)

Type B screening. This screen shall consist of a buffer yard of at least ten (10) feet in width. Within the buffer yard there shall be plantings of one tree and three (3) shrubs for every forty (40) linear feet along the length of the property line between the adjacent uses. Shrubs shall be at least of medium height for buffer areas. Small shrubs used in combination with a berm to achieve an overall height of four (4) feet may be substituted for the required plantings.

(c)

Type C screening. The screen shall consist of a buffer yard of at least fifteen (15) feet in width. Along the property line between land uses there shall be a decorative fence or wall which is a minimum of six (6) feet in height as measured from the elevation at the lot line. The fence or wall shall be a decorative fence or wall that meets the design standards of section 37-572.

(d)

Type D screening. The screen shall consist of a buffer yard at least fifteen (15) feet in width. Within the buffer yard, there shall be a continuous planting of evergreen trees or any type of shrubs from the plant list, which is available for inspection in the office of the city clerk, of at least medium height. The screen should be expected to reach a height of six (6) feet or greater in three (3) years. The plant material should be three (3) feet in height when planted and there shall be no gap greater than four (4) feet apart when planted. A combination of a berm and small shrubs or evergreen trees may be used to achieve the required minimum six (6) feet for the height of the screen.

(e)

Type E screening. The screen shall consist of a buffer yard at least twenty-five (25) feet in width. Within the buffer yard there shall be plantings of bushes and trees equal to one tree and (3) shrubs per thirty (30) linear feet. Plantings may be clustered or in a continuous arrangement. Trees and shrubs used in the Type E buffer shall be from the plant list, which is available for inspection in the office of the city clerk, of trees for buffer areas and shrubs shall be at least of medium height approved for buffer areas. Small shrubs used in combination with a berm to achieve an overall height of at least six (6) feet when the plantings mature, may be substituted for the required plantings.

(f)

Type F screening. This screening shall consist of a buffer yard at least twenty-five (25) feet in width. Within the buffer yard, there shall be planting screen equal to Type D screening. There shall be a fence or wall which is a minimum of six (6) feet in height as measured from the elevation at the lot line. The fence or wall shall be a decorative or nondecorative material. The fence shall be seventy-five (75) percent or more opaque and the planting shall be located on the lower impact side of the buffer yard.

(C.B. No. 2018-149, § 1(Exh. A), 9-18-18; C.B. No. 2019-130, § 1(Exh. A), 8-6-19)

Whenever land uses or various intensities are adjacent to one another, screening shall be provided in accordance with Table X-A of this article. These requirements shall not apply to any adjacent lots zoned MFUniv, CB1, CB2, or CB3.

Table X-A
Screening Requirements

(C.B. No. 2018-149, § 1(Exh. A), 9-18-18; C.B. No. 2019-130, § 1(Exh. A), 8-6-19)

For purposes of determining the appropriate screen, uses shall be classified in accordance with the uses listed in Table X-B of this article.

Table X-B
No, Low, Medium and High Impact Uses

No Impact

Single-family residential

Two-family residential

Parks

Agriculture

Low Impact

Manufactured housing

Multifamily, two (2) stories or less and ten (10) or less units

Office buildings less than five thousand nine hundred ninety-nine (5,999) square feet

Religious institutions, less than two hundred (200) seats

Schools/Colleges

Government building, institutional, library, etc.

Personal services less than five thousand nine hundred ninety-nine (5,999) square feet

Retail less than five thousand nine hundred ninety-nine (5,999) square feet

Automobile sales display area, outdoors

Accessory parking lots

Medium Impact

Retail, office building and institutional uses and facilities between six thousand (6,000) square feet and ninety-nine thousand nine hundred ninety-nine (99,999) square feet

Commercial uses not low impact

Restaurants and taverns all types

Religious institutions, greater than two hundred (200) seats

Hospitals

Hotels/Motels

Commercial recreation

Auto service uses

Drive-in uses

Warehouse/Manufacturing totally indoor

Power substations

Multifamily, three (3) stories or more and eleven (11) or more units

High Impact

Retail, and office development, and public facilities greater than one hundred thousand (100,000) square feet

Manufacturing with outdoor activity

Truck terminals

Outdoor storage of building supplies, contractor equipment or hazardous waste

Transfer stations or recycling centers

Storage of inoperable autos/Major auto repair

Power plants, treatment facilities and other similar utilities

Concrete batch plants

Vehicle Storage Lot

A fence is not required for high impact retail.

If a use is not listed, then the requirements for the use most similar in nature to the proposed use shall apply.

(C.B. No. 2018-149, § 1(Exh. A), 9-18-18; C.B. No. 2019-130, § 1(Exh. A), 8-6-19; C.B. No. 2021-030, § 1(Exh. A), 5-2-21)

Whenever any higher impact use abuts a lower impact use, the following requirements shall apply.

(a)

Low and medium impact uses. If a parking lot is located in between the street and building for which screening is required, then requirements for parking lot screening shall satisfy requirements for front yard buffers. If there is no parking lot between the street and building for which screening is required, then the required front yard setback shall be equal to the front yard setback of the adjacent residential district with screening in accordance with requirements for parking lot screening along the street side.

(b)

High impact uses. The front yard setback for high impact uses shall be equal to the front yard setback of the adjacent residential district. No parking lot shall be located within this front yard setback. The setback shall be landscaped in accordance with requirements for parking lot perimeters except that any area visible from the public right-of-way that is used for loading, mechanical equipment, outdoor storage (not outdoor sales), or trash disposal shall be screened equivalent to a Type F screen.

(C.B. No. 2018-149, § 1(Exh. A), 9-18-18)

(a)

At least ninety (90) percent of the buffer yard required by this article shall be kept free of obstructions including, but not limited to, outside storage, accessory structures, active recreational uses, and service areas. There shall be no parking permitted in required buffer yards. No parking or access drives are permitted in the buffer yards. Any encroachment in the buffer yard shall be screened in accordance with requirements for utilitarian areas.

(b)

Buffer yards shall be required to have a groundcover with a minimum of seventy-five (75) percent living grass or other groundcover from the plant list, which is available for inspection in the office of the city clerk. The remaining area may be nonliving, consisting of bark, wood chips, decorative rock or stone, or other similar material.

(c)

If all or any part of the buffer requirements regarding fence, walls or landscaping is provided on the adjacent property at the time the building permit is approved, the proposed uses must provide only that amount of the buffer which is not provided on the adjacent property regardless of whether the buffer on the adjacent yard is maintained.

(C.B. No. 2018-149, § 1(Exh. A), 9-18-18)

(a)

When the adjacent property is vacant and zoned or designated in the Comprehensive Plan for a lower impact use, a minimum of only fifty (50) percent of the required buffer yard shall be required. In no case, however, shall such buffer yard be less than the minimum yard requirements in Article IV, Development Standards.

(b)

The term "vacant" as used herein means that there is no structure, or vehicular surface area within two hundred (200) feet, or any outstanding approved City permit or final plat for the construction of the same, from any common property line of the developing property and the adjoining property. Public parks or common open space shall not be considered as vacant land.

(c)

When a lower impact development is constructed adjacent to an existing higher impact use or to vacant land or designated on the Comprehensive Plan as a nonresidential use, the required rear or side setback adjoining the nonresidential use shall be no less than fifty (50) percent of the required buffer yard.

(C.B. No. 2018-149, § 1(Exh. A), 9-18-18; C.B. No. 2022-050, § 1(Exh. 1), 4-5-22)

When an existing use increases the amount of square feet in the building by twenty-five (25) percent or more, the following requirements shall apply:

(a)

If the expansion occurs on an adjacent lot, requirements for buffer yards and new lots shall apply as it would for a new use.

(b)

If the expansion or change in use occurs on the same lot as the existing building, the buffer yards may be reduced to the setback of the existing building. The type of screen, would be required in accordance with Table X-A.

(C.B. No. 2018-149, § 1(Exh. A), 9-18-18)

Except as otherwise specified, every permitted and provisional use in the IT-SF1, IT-SF2, IT-MR1, IT-MR2, and IT-MX Districts shall be subject to the applicable Landscape and Screening standards for the In-Town Zoning Districts incorporated in this Article.

(a)

No landscaping or screening is required for single-family land uses in any of the In-Town Zoning Districts.

(b)

No landscaping or screening is required for the conversion of an existing structure for up to three (3) dwelling units in any of the In-Town Zoning Districts.

(C.B. No. 2018-149, § 1(Exh. A), 9-18-18)

Editor's note— C.B. No. 2018-149, § 1(Exh. A), adopted Sept. 18, 2018, deleted §§ 37-546—37-548, which pertained to In-Town Districts lanscape setback buffer area design standards and added new provisions set out in §§ 37-546 and 37-547.

(a)

Any new use, other than single-family or the conversion of an existing structure for up to three (3) units, that is immediately adjacent to a residential use, shall provide a minimum seventy-five (75) percent opaque fence or wall, with a minimum of six (6) feet in height along the entire length of the common property lines.

(b)

Any proposed new use, other than single-family or the conversion of an existing structure for up to three (3) units, shall provide landscaping on the lot in the front yard in accordance with the following:

i.

One tree per fifty (50) feet of lot frontage;

ii.

A minimum of ten percent (10%) of the area of the building setback line to front property line, shall be provided as landscaped areas with no landscaped area being less than a minimum of one hundred twenty-five (125) square feet.

iii.

Landscaping to be provided in the landscaped area shall consist of a minimum one shrub per twenty-five (25) square feet of area and one tree per one hundred fifty (150) square feet.

iv.

Street tree(s) are required to be installed in the public right-of-way if none are present or if less than one tree per fifty (50) linear feet is provided in accordance with the standards in the Manual of Practice.

v.

Landscaping provided shall be in compliance with Article X, Division 5. Design Standards.

vi.

Screening is not required for any portion of a lot that abut a public alley.

vii.

Parking lots are required to provide perimeter and interior landscaping as required in Article VII.

(C.B. No. 2018-149, § 1(Exh. A), 9-18-18)

Editor's note— See editor's note under § 37-546.

(a)

The perimeter area of all open parking lots, including parking spaces, access drives, circulation aisles, and/or stacking spaces, with more than three (3) and less than five hundred (500) parking spaces fronting on a public street, shall have a minimum setback from the property line to the back of curb and shall be screened in accordance with Table X-F of this article. Parking areas with five hundred (500) or more spaces shall have a minimum fifteen (15) feet setback and be screened in accordance with Table X-F.

(b)

The shrubs shall have a mature height of at least thirty-six (36) inches with an overall height not to exceed forty-two (42) inches. Small shrubs may be used in combination with a berm to achieve an overall height of thirty-six (36) inches when the shrubs are at maturity.

(c)

Trees and shrubs may be clustered in groups, but in no case shall there be a gap between screening materials of more than nine (9) feet.

(d)

Opaque or closed fences in the parking lot setback must conform to the design standards in this article.

(e)

The reference elevation for the base of the required screen shall be the surface of the parking area that is to be screened.

(f)

Setback for accessory lots in residential areas can be found in Article VII, Parking, Loading, and Access Drives.

Table X-F
Parking Lot Perimeter Screening

For six (6) foot planting areas, a plan must also be submitted to indicate proper drainage for plant materials to survive. Such plan shall be reviewed and approved or disapproved by the City Forester. An additional twenty-five (25) percent of interior landscaping materials and the difference in area of landscaping between the eight (8) foot and six (6) foot setbacks shall be required for parking areas with a six (6) foot setback.

(C.B. No. 97-170, § 2, 7-1-97; C.B. No. 2014-48, § 2, 3-18-14; C.B. No. 2018-149, § 1(Exh. A), 9-18-18)

(a)

Landscape islands shall be located at the ends of all rows of parking. For rows of parking greater than thirty (30) spaces, there shall be additional islands at a rate of one per twenty (20) spaces. Thirty (30) spaces is along one side of a parking island.

(b)

Landscape islands shall be one hundred sixty (160) square feet, with a minimum interior dimension of nine (9) feet, and shall be protected by a barrier curb.

(c)

Each island shall contain at least one tree approved for parking lot interiors from the plant list in the appendix.

(d)

Islands may be evenly spaced in between the two (2) end islands or combined to form one large island. A combined island shall be equal in size and planting material to the total of the individual islands being combined. In no case shall there be more than sixty (60) spaces between landscaped areas.

(e)

A continuous planting strip between rows may be substituted for the required landscaped islands. The planting strip shall be a minimum of eight (8) feet in width and shall be protected by a barrier curb. There shall be at least one tree planted within the strip for every twenty (20) parking spaces. A minimum of two (2) trees shall be planted in any such strip. The trees shall be evenly spaced and calculated as specified previously in this section.

(C.B. No. 2014-48, § 2, 3-18-14; C.B. No. 2018-149, § 1(Exh. A), 9-18-18)

With the exception of single-family and the conversion of structure for up to three (3) units, the perimeter of all on-site open parking areas within the In-Town Districts shall be screened along street frontages with the following standards:

(a)

The screen shall be provided by the use plantings and/or opaque fencing.

(b)

Screening provided by plantings shall have a minimum height of four (4) feet and shall be permitted to comply with that minimum height requirement through natural plant growth within a reasonable period of time.

(c)

Screening provided as a fence or wall shall contain a minimum seventy-five percent (75%) opacity and shall not exceed four (4) feet in height.

(C.B. No. 2010-164, § 10, 8-3-10; C.B. No. 2016-211, § 1(Exh. A), 10-18-16; C.B. No. 2018-149, § 1(Exh. A), 9-18-18)

Within any In-Town District, landscaping shall be provided in the interior of parking lots in accordance with the following requirements:

(a)

In lots with more than ten (10) spaces, one tree shall be provided for every ten (10) open (not in a garage) vehicular parking spaces. A minimum of one tree shall be located within eighty (80) feet to any parking space when measured from the trunk.

(b)

Only trees located within the parking lot shall be counted toward meeting this requirement. In order to be considered within the parking lot area, the tree shall be located in planting areas bounded on at least two (2) sides by parking lot paving.

(c)

Only trees in landscape islands, dividers, or fingers shall count toward meeting the parking lot tree requirement. In order to be considered, the island shall have an area of one hundred sixty (160) square feet and a minimum dimension of nine (9) feet.

(C.B. No. 2010-164, § 10, 8-3-10; C.B. No. 2016-211, § 1(Exh. A), 10-18-16; C.B. No. 2018-149, § 1(Exh. A), 9-18-18)

Utility areas accessory to a building, including but not limited to, loading docks, mechanical equipment, trash enclosures, and storage yards for construction materials, machinery, or inoperable vehicles which are visible from public rights-of-way or adjacent property, shall be screened with a one hundred (100) percent opaque masonry or wood fence, earthen berms, landscaping or any combination which provides a minimum height of six (6) feet and ensures that such locations are not visible from adjacent property.

(C.B. No. 2018-149, § 1(Exh. A), 9-18-18)

The preservation of live natural trees in any of the required planting areas may be credited towards requirements for tree planting in accordance with the following requirements:

(a)

To receive a credit for the tree, the tree must be from the Approved Plant List or approved by the City Forester.

(b)

No credit will be allowed for any tree if the tree is unhealthy or dead.

(c)

Appropriate measures to protect the tree during construction shall be indicated on the landscape plan.

(d)

Credit may only be taken for trees within the area where such trees are required to be planted.

(e)

A tree must be a minimum of two (2) inch caliper in order to receive one tree credit. A tree of a minimum of six (6) inch caliper may receive a credit for two (2) trees. A tree of a minimum of twenty-four (24) inch caliper may receive a credit for three (3) trees.

(C.B. No. 2018-149, § 1(Exh. A), 9-18-18)

(a)

Screening may be waived by the Zoning Administrator where the view is or will be blocked by a change in grade, by the natural vegetation, or by man-made features.

(b)

Requirements for screening between uses on the same property may be waived if the property is developed as a planned development that considers the relationship of uses to each other.

(C.B. No. 2018-149, § 1(Exh. A), 9-18-18)

In the event a property owner wishes to use screening techniques not provided for in this article, they may apply to the Planning Director for approval for an alternative method of compliance. The following findings shall be met for approval of an alternative screening technique:

(a)

The method of screening achieves the intent behind the screening requirements.

(b)

The proposal is at least the equivalent of that specifically prescribed by this article in quality, effectiveness, and durability of the screen.

The Planning Director shall forward the application to the City Forester for review and comment. The City Forester shall review the application within seven (7) calendar days. Upon receipt of the these comments the Planning Director shall approve or deny the application in writing.

(C.B. No. 2018-149, § 1(Exh. A), 9-18-18)

(a)

All trees and shrubs required by this article shall be selected from the Approved Plant List, which is available for inspection in the office of the city clerk, or approved by the City Forester.

(b)

Plant material shall be installed prior to the issuance of an occupancy permit or the commencement of a use. If such installation would not coincide with the optimal planting season, planting may be delayed after a conditional occupancy permit is issued conditioned on installation by the following November 1 or June 1, whichever date is first.

(c)

The required trees and shrubs may be clustered or grouped in a natural arrangement within the buffer area.

(d)

Tree species in the immediate proximity of overhead utilities shall have mature heights less than the height of the utilities.

(e)

All trees shall be a minimum diameter of two (2) inches caliper when planted, and all shrubs shall be a minimum container size of three (3) gallons when planted, unless approved, or otherwise specified in the plant list, which is available for inspection in the office of the city clerk.

(f)

Shrubs or fences adjacent to entry drives or where necessary visibility from a vehicle may be obstructed shall have a mature height of not more than thirty (30) inches. Plantings along the street shall not obstruct the site distance of oncoming vehicles as defined elsewhere in this Code.

(C.B. No. 2018-149, § 1(Exh. A), 9-18-18)

(a)

Decorative fences shall be at least seventy-five (75) percent opaque and shall consist of:

(1)

Treated wood or naturally resistant wood such as redwood, cypress, or cedar;

(2)

Decorative split face concrete blocks;

(3)

Masonry; or

(4)

Recycled material which replicates any of the above materials.

All material shall be compatible with the materials and architectural treatment of the building and surrounding neighborhood.

(b)

Any wall or fence more than forty (40) feet in length shall have a shrub or vine every twenty (20) feet. A masonry or concrete wall shall have a significant design variation every twenty (20) feet.

(c)

Braces, supports or posts shall be located on the side of the property providing the screening.

(d)

Fences shall not exceed ten (10) feet in height.

(C.B. No. 2018-149, § 1(Exh. A), 9-18-18)

(a)

Planting areas shall be kept free of trash, litter, and weeds.

(b)

The owner shall maintain all trees adjacent to pedestrian and vehicular spaces. Trees shall be maintained so that the mature branching occurs a minimum of seven (7) feet from the ground.

(c)

The owner shall maintain all plant materials in such a manner as to preserve their functional and aesthetic integrity. The owner shall replace all plant materials that has died within one year.

(d)

The owner shall keep fences in good repair. The owner shall replace rotting or missing fence panels or walls and all graffiti shall be removed. Such maintenance shall be conducted within one month of the occurrence causing the repair.

(e)

In the event the owner fails to install or maintain a required landscaped or screening area, the City shall notify the owner of action necessary to meet the requirements of this article and a date when such action should be completed. If the owner has not complied by said date, the City shall have the right to go onto said property and maintain said buffer. The cost for such maintenance or installation shall be at the owners expense. If the owner fails to pay, the City Attorney collect costs plus attorney fees to pursue action against the owner. Such action does not preempt additional enforcement action against zoning violations.

(C.B. No. 2018-149, § 1(Exh. A), 9-18-18)