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Cheney City Zoning Code

CHAPTER 21

42 - LANDSCAPING AND BUFFERING

21.42.010 - Purpose.

The purpose of this chapter is to protect and further the public interest by:

(1)

Establishing standards and procedures for the incorporation of aesthetically pleasing, compatible, and sustainable landscaping as land is developed and redeveloped throughout the city;

(2)

Ensuring landscape compatibility and consistency throughout the city as development occurs;

(3)

Providing a framework through which the city may financially and administratively incentivize drought-tolerant landscaping and native plant incorporation within the city;

(4)

Preserving land values by creating a quality environment that conserves vital natural resources such as drinking water; and

(5)

Recognizing the importance of, and encouraging the incorporation of, drought-tolerant landscaping and native plants when land is developed and redeveloped throughout the city.

(Ord. No. X-83, § 3, 4-13-2021; Ord. No. T-84, § 6(part), 2005)

21.42.020 - Landscaping required.

The standards of this chapter apply to all new construction or substantial remodels except a single-family residence.

1.

All required landscaping shall be in place before a final certificate of occupancy is issued for any building on the site. If, due to seasonal weather conditions, it is not feasible to install required landscaping, the building(s) may be occupied only after a performance bond or another surety device acceptable to the city, has been posted in the amount of 125 percent of the value of the required landscaping. The landscaping must be installed within six months. Upon completion of the landscaping, the bond or surety device will be released.

2.

Landscaping must conform to the clear view triangle standards of chapter 21.46.

3.

Grass swale percolation areas required for the handling of stormwater drainage may be incorporated into the required landscape plantings so long as neither the drainage requirements nor the landscape requirements are compromised.

4.

In no case do these provisions require more than 15 percent of the site or the equivalent of one-half of the building main floor area, whichever is greater, to be landscaped.

5.

Landscaping plans for commercial lots and lots with multifamily uses larger than 10,000 square feet shall be prepared on plans stamped by a licensed landscape architect registered in the State of Washington and be submitted at the time of application for other permits. Plans shall include the location, size, and species of all proposed plants.

6.

The portions of a site not covered by a structure, hard surfaces, or other prescribed landscaping shall be landscaped.

7.

Street trees (usually one per lot) shall be provided as a part of any long subdivision.

8.

Landscaping shall be extended on adjoining public right-of-way from the property line of the subject property to the sidewalk, or curb, if no sidewalk is present, and shall include landscaping in the parking strip between the curb and sidewalk if present.

9.

Site specific landscaping or landscaping on in-fill lots may deviate up to ten percent from the required landscaping requirements outlined in this chapter per the approval of the Planning Official.

(Ord. No. W-55, § 17, 3-10-2015; Ord. No. W-22, § 88, 4-22-2014; Ord. No. V-28, § 11, 11-24-2009; Ord. No. U-97, § 210, 1-27-2009; Ord. No. U-59, § 49, 2008; Ord. No. T-84, § 6(part), 2005)

21.42.025 - Reserved.

Editor's note— Ord. No. W-55, § 18, adopted March 10, 2015, repealed § 21.42.025, which pertained to minimum perimeter landscaping and derived from Ord. No. T-84, § 6(part), 2005; Ord. No. U-97, § 211, 1-27-2009.

21.42.040 - Minimum perimeter landscaping.

The type of landscaping required is dependent on the zone of the subject property and of the adjoining property, as indicated in the following table:

Minimum Landscaping Width and Type
Location CALR, R-1, R-2 R-3, R3H C-1/MX C-2 I-1
Lot line abutting street 6 ft. of Type III 6 ft. of Type III 6 ft. of Type III* 6 ft. of Type III 6 ft. of Type III
Lot line abutting CALR, R-1, R2 None 5 ft. of Type III 5 ft. of Type II* 5 ft. of Type II 5 ft. of Type I
Lot line abutting R3, R3H 5 ft. of Type III 5 ft. of Type III 5 ft. of Type III* 5 ft. of Type II 5 ft. of Type I
Lot line abutting C-1/MX 5 ft. of Type II 5 ft. of Type II None 5 ft. of Type III 5 ft. of Type II
Lot line abutting C-2 5 ft. of Type II 5 ft. of Type II 5 ft. of Type III* 5 ft. of Type III 5 ft. of Type II
Lot line abutting I-1, BP 5 ft. of Type I 5 ft. of Type I 5 ft. of Type II* 5 ft. of Type II 5 ft. of Type III
*Where buildings are constructed to the front or corner side property line, deciduous street trees in sidewalk planting wells or between the curbs and sidewalks are required in lieu of the six foot planting strip.

 

Note: The owner of adjacent properties may agree to consolidate their perimeter plantings along shared boundaries. Therefore, instead of each property providing a five-foot wide planting strip, they together could provide one five-foot wide planting strip so long as the required type of planting is provided.

1.

Type I screen. Type I landscaping shall consist of a mix of predominately evergreen plantings, including living trees, shrubs and ground covers. Evergreen trees shall be a minimum height of four feet at the time of planting and be at least six feet in height at maturity. Plant materials shall be chosen and spaced so as to grow together within three years in a manner that is sufficient to totally obscure sight through the barrier. The entire planting strip shall be landscaped. Existing vegetation may be incorporated into the landscape design, provided it contributes to achieving the intent of this section.

2.

Type II see-through buffer. Type II landscaping shall consist of a mix of evergreen and deciduous plantings including living trees, shrubs and ground covers. Plantings of shrubs and ground coverings shall be chosen and spaced to result in a covering of the landscape strip within three years. Shrubs shall be of a type that do not exceed a height at maturity of approximately four feet. Deciduous trees shall have a minimum trunk diameter of 1¾ inches measured at three feet above finished grade at the time of planting and be spaced to result in touching of branches after ten years of normal growth. Evergreen trees shall be a minimum of four feet tall at the time of planting and spaced to result in a space between trees approximately equal to the mature spread of the trees being used. Existing vegetation may be incorporated into the landscape design, provided it contributes to achieving the intent of this section.

3.

Type III open area landscaping. Type III landscaping shall consist of canopy type deciduous trees or spreading evergreen trees, planted in landscape strips approximately 30 feet on center, with a mix of living evergreen and deciduous ground covers and low shrubs. Shrubs shall be of a type that does not exceed a height at maturity of approximately three feet. Deciduous trees shall have a minimum trunk diameter of 1¾ inches measured at three feet above finished grade at the time of planting. Evergreen trees shall be a minimum of four feet tall at the time of planting. Existing vegetation may be incorporated into the landscaping design, provided it contributes to achieving the intent of this section.

(Ord. No. W-55, § 19, 3-10-2015; Ord. No. W-22, § 89, 4-22-2014)

21.42.070 - Plant material standards.

A.

Native and naturalized plant species. New landscaping materials shall include species native to eastern Washington or non-invasive naturalized species that have adapted to the climatic conditions of eastern Washington. The selection of plant species should include consideration of soil type and depth, the amount of maintenance required, spacing, exposure to sun and wind, the slope and contours of the site, compatibility with existing native vegetation preserved on the site, water conservation where needed, and the impact of landscaping on visibility of the site for purposes of public safety and surveillance.

B.

Where there are overhead power lines, the street tree species selected shall be of a type which, at full maturity, will not interfere with the lines;

C.

Tree standards and guidelines. Unless otherwise noted herein, required trees shall meet the standards outlined in CMC 21.42.040(B) at time of planting:

1.

If the reviewing authority decides reducing the minimum size of trees will not detract from the desired effect of the trees, the minimum size of trees (other than street trees) may be reduced if the applicant submits a written statement by a licensed Washington landscape architect or Washington-Certified Professional Horticulturist certifying that the reduction in size at planting will not decrease the likelihood the trees will survive.

D.

Shrub standard. Shrubs, except for ornamental grasses, shall be a minimum of 1-gallon size at the time of planting.

(Ord. No. W-22, § 90, 4-22-2014; Ord. No. U-97, § 215, 1-27-2009; Ord. No. T-84, § 6(part), 2005)

21.42.080 - Maintenance.

All landscape areas shall be maintained in accordance with the following standards:

1.

All landscaping shall be maintained with respect to pruning, trimming, mowing, watering, insect control, fertilizing, or other requirements to create a healthy growing condition and attractive appearance and to maintain the purpose of the landscape type.

2.

Vegetation shall be controlled by pruning, trimming or otherwise so that it will not interfere with the maintenance or repair of any public utility, restrict pedestrian or vehicular access, or obstruct sight distance at intersections;

3.

Dead, diseased, stolen, vandalized, or damaged plants shall be replaced within three months with the plants indicated on the approved landscape plan;

4.

All landscaped areas shall be maintained reasonably free of weeds and trash; and

5.

All required landscaping that is located within public rights-of-way shall be maintained by the abutting property owner.

(Ord. No. W-22, § 91, 4-22-2014)

21.42.090 - Water conservation.

(A)

Conservation incentives.

(1)

Purpose and applicability. In order to ensure water is used efficiently in landscaped areas, the requirements specified in CMC 21.42.090(A) shall be applied to all landscaping placed in zoning districts. (See CMC 21.12.020).

(2)

Water-intensive foliage. Turf grass and similar water-intensive plantings (e.g., annuals, container plants, etc.) shall be considered high water uses and shall be limited to no more than 50 percent of the project's landscaped area if non-drought-resistant grass is used, and no more than 75 percent of the developed landscaped area if drought-resistant grass is used.

(3)

Low-demand foliage. Plants selected in all areas not identified for turf or water-intensive plantings shall be suited to the climate, soils, and topographic conditions of the site, and shall be low water use plants once established. Conifers are the preferred evergreen tree species.

(4)

Irrigation requirements. Plants having similar water use shall be grouped together in distinct hydrozones and shall be irrigated with separate irrigation circuits.

(5)

Exemptions. Parks, playgrounds, sports fields, golf courses, schools, and cemeteries are exempt from specified turf area limitations where a functional need for turf is established.

(6)

Discretion. Discretion is granted to the planning official to determine the suitability of proposed plant materials, approval of landscape plans and proposed irrigation systems, and administration of exemptions. These decisions should be made in reference to preceding code language, relevant CheneyScape guidelines, Washington State University Spokane County Master Gardener Program materials, and any associated materials or guidelines present in the city's water conservation plan.

(B)

Xeriscape guidelines. As an alternative to traditional landscaping, the city encourages the use of xeriscape practices, which minimize the need for watering or irrigation. Examples of xeriscape methods include the following:

(1)

Using plants with low moisture requirements as defined by Washington State University Spokane County Master Gardener Program materials (https://extension.wsu.edu/spokane/master-gardener-program/home-lawn-and-garden/inw-gardening/native-plants/) and/or relevant CheneyScape materials;

(2)

Selecting plants for specific site microclimates that vary according to slope, aspect, soil, and exposure to sun and moisture;

(3)

Using native, noninvasive, and adapted plant species, Washington State University Spokane County Master Gardener Program materials and/or relevant CheneyScape materials;

(4)

Minimizing the amount of irrigated turf; or consider the use of artificial turf;

(5)

Planting and designing slopes to minimize stormwater runoff;

(6)

Using separate irrigation zones adjusted to plant water requirements and use of drip or trickle irrigation systems;

(7)

Using minimum three-inch mulch in planted areas to control weeds, cool the soil and reduce evaporation; and

(8)

Emphasizing soil improvement, such as deep tilling, adding organic matter and other amendments based on soil tests.

(C)

Rebate program.

(1)

Purpose. In order to incentivize the adoption and integration of xeriscaping, drought-tolerant grasses and plants, and low impact irrigation systems, the city has deemed it necessary to define a process for administering a drought-tolerant landscaping rebate program.

(2)

Funding allocation. City council and city staff shall, through the budgeting process, allocate an amount of funding to the rebate program deemed appropriate given the relevant budgetary and water conservation context.

(3)

Resident notification. Residents shall be notified via newsletter or website of the rebate application process and what funding is available, if any. Additional reminders may be issued, depending on the rate of funding utilization, throughout the year. Notifications shall include references to relevant materials residents can use for guidance regarding rebate program compliance (such as lists of applicable plants and grass alternatives).

(4)

Rebate applications. Successful applicants will draw from guidelines and recommendations included in CMC 21.42.090(B). Successful rebate applications shall include:

(a)

A detailed site plan to scale of the relevant property describing what improvements will be made;

(b)

The cost of those improvements and details regarding the installation of those improvements; and

(c)

An estimate of the amount of water that will be saved by incorporating those improvements.

(5)

Funding distribution. Distribution of approved rebates will either be applied to future municipal utility bills or released in lump sums, subject to the discretion of finance director. Funds will be distributed to approved applicants after the incorporation of the proposed improvements.

(6)

Program compliance. The city may seek proof of improvements by requiring the submission of receipts, photographic evidence, or by visiting the site in person.

(Ord. No. X-83, § 4, 4-13-2021)