(a)

The purpose of this article is to establish definitions for landscaping regulations, establish general requirements applicable to all properties within city limits, establish standards for one- and two-family residential properties, and to establish standards for all other residential and nonresidential properties.

(b)

The city recognizes the values of landscaping in achieving the following goals:

(1)

Promote the reestablishment of vegetation in developed areas for health, ecological, and aesthetic benefits;

(2)

Provide new planting in concert with natural vegetation and careful grading;

(3)

Encourage the preservation of existing trees;

(4)

Establish and enhance a pleasant visual character and structure to the built environment;

(5)

Promote compatibility between land uses by reducing the visual, noise, and lighting impacts of development on users of the site and abutting properties;

(6)

Provide shade, comfort, and seasonal color;

(7)

Reduce glare, noise, and heat;

(8)

Reduce the number impermeable surfaces and mitigate stormwater flow.

(c)

Properties located in A-1 Agricultural zoning shall be exempt from these regulations.

(Ord. No. 2015-13, § 16-15-1, 10-19-2015; Ord. No. 2019-04, § 1, 1-7-2019)

The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section.

Caliper means the diameter of a tree trunk. The term "caliper" is used for trees less than 12 inches in diameter. For trees less than four inches in diameter, it is measured six inches from the ground. For trees between four and 12 inches in diameter, it is measured 12 inches from the ground.

Developed area means the area of a lot that is disturbed for the purpose of developing structures, parking facilities, loading or storage areas, paved access to off-street parking or loading areas, or landscaped areas.

Easement means authorization by a property owner granting access to, or other rights to, a designated part of their property for a designated purpose.

Evergreen means a plant with foliage that persists and remains green year-round.

Ground cover means an evergreen or deciduous planting 24 inches or less in height.

Irrigation system means a permanent underground piping and sprinkler head system designed using industry standard methods to provide uniform irrigation over a landscaped area.

Landscaped area means an area containing trees, shrubs, or ground cover which are intended to meet the requirements of these regulations

Mulch means an organic material such as seed hulls, pine needles, or tree bark used to control wee growth, reduce soil erosion, and reduce water loss.

Parking lot means any off-street, un-enclosed ground level facility used for the purpose of temporary storage of motor vehicles. Enclosed parking facilities, such as single or multi-story garages or parking facilities constructed within the confines of a larger building or structure, or permitted parking facilities associated with single-family and duplex residential development are not included within this definition.

Parking lot island means a planting area that is contained completely within the confines of a parking lot.

Parking peninsula means a planting area that extends out into the parking lot and is bounded on a least one side by the outer edge of the paving or a building.

Right-of-way means a strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, or for another special use.

Shrub means a living, self-supporting woody deciduous or evergreen species no less than eight inches in height, and no greater than 15 feet in height, which will remain full and attractive throughout the year.

Sight triangle means the area of clear visibility required on a corner to allow for the safe operation of vehicles and the safe conduct of pedestrians and cyclists in the proximity of intersecting streets, driveways, alleys, sidewalks, and bicycle paths.

Tree means a living, self-supporting woody or evergreen plant that normally grows to a minimum height of 15 feet, and which has one or several self-supporting stems or trunks and numerous branches.

Xeriscape means a method of landscaping that emphasizes water conservation, accomplished by following horticultural and landscaping practices such as planning and design, soil improvement, limited turf areas, use of mulches, use of low-water demand plants, efficient irrigation practices, and appropriate maintenance.

(Ord. No. 2015-13, § 16-15-2, 10-19-2015; Ord. No. 2019-04, § 1, 1-7-2019)

(a)

It is property owner's obligation to keep all trees, limbs, and other vegetation clear of overhead power lines, utility lines, and traffic ways.

(b)

Nothing herein shall affect in any way the rights of, or exercise by, any public utility or city department of its present and future acquired rights to clear trees and other growth form lads used by the public utility or the city. The utility shall cooperate and coordinate with the property owner when clearing or pruning in the rights-of-way or easements on or adjacent to their property.

(c)

It shall be unlawful for any person, firm, or corporation to top any tree. Trees severely damaged by storms or disease and trees whose location makes pruning practices impractical may be exempted from this requirement upon review by the city.

(d)

The property owner in all zoning districts shall be responsible for landscaping the area within the street right-of-way line and the curb line. This area shall not be hard surfaced, other than a permitted driveway or sidewalk.

(e)

Nothing here in shall permit any reduction of the required sight triangles, as described in the City Code and the Subdivision Regulations. Plantings within required site triangles shall not exceed a height of 24 inches.

(f)

Except as permitted herein, hardscape surface materials, including, but not limited to, concrete, asphalt and other solid surface paving, gravel, chat, other crushed stones, and paving stones, shall not satisfy the landscaped area improvement requirements.

(g)

No disturbed ground shall be left exposed. Lawn quality sod or other ground covers, beds with all plantings installed, or mulch shall cover all nonpaved and non-built developed areas. No occupancy permit shall be issued for a property until the requirements of this section have been met.

(h)

It shall be the responsibility of the property owner to provide continuing maintenance of the landscaped areas of their property. These responsibilities include:

(1)

Keeping all sight-proof screening and fencing in good repair at all times;

(2)

Keeping lawns mowed, all plants properly groomed and disease-free, and all planting beds groomed;

(3)

Removing any trees severely damaged or destroyed by storms within 30 days of the occurrence. Removing any dead trees, whatever the cause, within 30 days;

(4)

Maintaining lawn-quality sod, other ground covers, planting beds with all plantings installed, and/or mulch on all non-paved and non-built developed areas.

(Ord. No. 2015-13, § 16-15-3, 10-19-2015; Ord. No. 2019-04, § 1, 1-7-2019)

(a)

In all single-family residential and two-family residential districts, all yards shall be landscaped. The landscaping of these yards shall, at a minimum, consist of a combination of living vegetation, such as trees, shrubs, grasses, or ground cover materials. The preservation of existing natural vegetation areas may also be considered landscaping.

(b)

Within the front yard of a newly constructed residential structure, there shall be at least one medium tree (two-inch caliper or greater) planted and/or existing for every 75 feet of frontage. At a minimum, every lot must have at least one medium size tree.

(Ord. No. 2019-04, § 1, 1-7-2019)

Editor's note— Ord. No. 2019-04, § 1, adopted January 7, 2019, in effect, repealed § 54-302 and enacted a new § 54-302 as set out herein. Former § 54-302 pertained to general landscape requirements for multiple-family, and non-residential uses and derived from Ord. No. 2015-13, adopted October 19, 2015.

(a)

For all development other than one- and two-family residential uses and all properties in A-1 Agricultural zoning, an application for a building permit shall be accompanied by a detailed landscaping plan. The landscaping plan shall be reviewed as part of the building permit review process. No building permit shall be issued until the landscape plan has been reviewed, approved, and made a part of the building permit file. For lots that are being remodeled, rather than newly constructed, the requirements of this section may be waived if geographic or topographical limitations are identified in the landscaping plan. The landscaping plan shall include, at a minimum:

(1)

The location and species of all plants;

(2)

Any hardscape features such as rock gardens or sculptures;

(3)

Identification of sight triangles at intersections and all other elements related to traffic control;

(4)

And an irrigation system plan and specifications;

(b)

For multi-family residential, commercial, and industrial development, landscaping is required along and within the front property line along section-line road frontage. Plantings shall be adjacent to, but not in, the public right-of-way. Clustering of plants and tree species is recommended to produce a professionally acceptable composition and mix of vegetation.

(c)

Multi-family residential developments shall have a minimum landscaping requirement of two trees and two shrubs. Developments with more than four units must plant an additional tree or shrub for every additional unit. If geographic or topographical limitations cause this requirement to be infeasible, it may be waived during the landscaping plan review. Parking lot islands and peninsulas may be used to fulfill 50 percent of this requirement. Trees located in parking lot islands must have adequate island size to accommodate proper tree growth, moisture requirements, and longevity.

(d)

There shall be a ten-foot rear yard landscaping buffer for all commercial and industrial lots that abut a residential zoning district. This buffer must contain one evergreen tree of two-inch caliper per ten lineal feet or one deciduous tree of two-inch caliper per 15 lineal feet.

(e)

There shall be a ten-foot landscaping buffer outside the right-of-way along all front yards in commercial and industrial zoning districts. C-3 Community Shopping Plaza districts are exempt from this requirement. If the front yard abuts a local street, collector street, public property, and/or right-of-way, one tree per every thousand square feet of building area shall be required. Additionally, one tree per every 50 lineal feet of street frontage will be required. If the front yard abuts a section line road or state highway, one tree per every thousand square feet of building area shall be required. Additionally, one tree per every 35 lineal feet of street frontage will be required.

(f)

Developments in C-3 Community Shopping Plaza districts shall provide one parking island or peninsula for every ten parking spaces required by the zoning code. Each parking island or peninsula shall have at least one tree and shall be of a sufficient size to accommodate proper tree growth, moisture requirements, and longevity.

(Ord. No. 2019-04, § 1, 1-7-2019)

Editor's note— Ord. No. 2019-04, § 1, adopted January 7, 2019, in effect, repealed § 54-303 and enacted a new § 54-303 as set out herein. Former § 54-303 pertained to landscaping requirements for all one- and two-family residences and derived from Ord. No. 2015-13, adopted October 19, 2015.

Reasonable efforts shall be made to replace trees that are removed and to protect quality trees that are endangered. Removed trees shall be replaced on a one-for-one basis within one year. Trees of desirable species and good health shall be protected as much as possible from damage during construction, sidewalk repair, utilities work above and below ground, and other similar activities. The zone of protection shall include the ground beneath the canopy of the tree.

(Ord. No. 2015-13, § 16-15-6, 10-19-2015; Ord. No. 2019-04, § 1, 1-7-2019)