Clinton City Zoning Code
LANDSCAPING STANDARDS
§ 152.240 PURPOSE.
The purpose of this subchapter is to:
(A) Promote and protect the interest of the public’s convenience, comfort, prosperity or general welfare in accordance with § 152.001;
(B) Require buffering between non-compatible land uses to protect, preserve and promote the character and value of surrounding neighborhoods; and
(C) Require reasonable landscaping that is beneficial to the residents and businesses of the community.
(Prior Code, § 1145.01) (Ord. O-18-20, passed 11-20-2018)
§ 152.241 APPLICABILITY.
(A) The development standards of this subchapter shall apply to new property development and any collective substantial expansion of existing structures, except for individual single-family dwellings and two-family dwellings (duplexes), and parking lots of five spaces or smaller. SUBSTANTIAL EXPANSION OF EXISTING STRUCTURES shall be defined as when the expansion of the structure meets or exceeds 25% of the square footage of the existing building, exclusive of the alteration or expansion. Exceptions to this expansion include:
(1) Section 152.245 shall apply to any size expansion of a structure where such expansion will decrease the setback between the structure and a residential zoning district; and
(2) Where there is no expansion of a structure but the vehicular use area is expanded, then the standards of § 152.246 shall apply.
(B) The standards of this chapter shall not apply to development of residential dwelling units on existing lots of record.
(C) The standards of § 152.246 shall apply in all cases where an existing parking area or lot is reconstructed. If only a portion of the existing parking area or lot is reconstructed, the standards shall apply to the portion that is being reconstructed. Reconstruction shall not include general maintenance, resurfacing (with no change in space layout or circulation) or sealing.
(D) Any landscaping areas used to meet the requirements of this chapter, excluding paved areas, shall count as pervious surface when considering the maximum impervious surface ratio standards of § 152.088.
(E) A landscaping plan shall be submitted with any application for a site plan review or open space residential subdivision that demonstrates compliance with this section. Additionally, landscaping plans may be required for a variance or conditional use application to illustrate any proposed landscaping and/or buffering that demonstrates compliance with the review criteria of the application procedure.
(Prior Code, § 1145.02) (Ord. O-18-20, passed 11-20-2018)
§ 152.242 GENERAL LANDSCAPING STANDARDS.
(A) General location requirement. Landscaping shall be installed in locations such that when mature, it does not obscure traffic signs or lights nor obstruct access to fire hydrants nor interfere with adequate motorist sight distance or overhead utility lines. Landscaping shall be subject to the sight clearance requirements of § 152.088(B)(5).
(B) Existing landscape material.
(1) Unless otherwise noted, existing landscape material in healthy condition can be used to satisfy the requirements of this subchapter in whole or in part; provided that the existing landscape material meets the minimum standards of this section.
(2) The Zoning Inspector shall determine satisfaction of this requirement.
(C) Planting season. Weather permitting, all required grading and landscaping shall be completed within 30 days of all other construction. When construction is completed on or after the first of November in a given year, only mulch may be utilized in planting areas and complete landscaping improvements may be installed by the end of May of the following year.
(D) Landscaping materials.
(1) In general, the proposed landscape materials should complement the form of the existing trees and plantings. The type of shade or sun should be considered in selecting plant materials.
(2) Existing vegetation shall be preserved as much as possible in accordance with acceptable nursery industry standards.
(3) In addition to any other requirements for walls or fences established in this subchapter, walls and fences may be utilized to meet the requirements of this subchapter if they comply with the following requirements:
(a) When walls or fences are used to fulfill any buffering or screening requirements, a detailed drawing shall be shown on the proposed plan;
(b) Where materials are not otherwise specified, walls and fences shall be constructed of weather-proof materials. This includes pressure treating or painting of lumber if it is not redwood or cedar, and using aluminum or galvanized hardware; and
(c) Chain link fences with or without wooden or synthetic slat material is prohibited.
(4) Plants used to comply with this subchapter shall be subject to the following requirements.
(a) Deciduous trees shall have a minimum caliper of at least two and one-half inches diameter at breast height (DBH) conforming to acceptable nursery industry procedures at the time of planting. If deciduous trees are to be used for screening purposes, additional materials listed in this subchapter shall be used to create a dense buffer.
(b) Evergreen trees shall be a minimum of five feet in height at the time of planting. Evergreen plantings shall be planted at a maximum distance of 20 feet on center to provide an effective buffer unless otherwise specified.
(c) Ornamental trees shall have a minimum height of five feet or a minimum caliper of at least two and one-half inches DBH conforming to acceptable nursery industry procedures at the time of planting.
(d) Shrubs and hedges shall be at least 36 inches in height at the time of planting. All shrubs and hedges used to meet the screening requirement in § 152.247 shall be designed to provide an effective screen of at least five feet within a period of four years after planting.
(e) Grass shall be planted in species normally grown in permanent lawns in the county. In swales or other areas subject to erosion, solid sod shall be sown for immediate protection until complete coverage otherwise is achieved. Grass sod shall be clean and free of weeds and noxious pests or diseases.
(f) Once the minimum landscape requirements have been met, any size plant may be installed on a lot to supplement the minimum requirements.
(5) Miscellaneous provisions shall be as follows.
(a) Artificial plants shall not be used to meet landscaping requirements.
(b) The Zoning Inspector may maintain a list of prohibited trees and plants that shall not be used in any landscaping required as part of this subchapter.
(c) The prohibited trees and plants list only applies to landscaping required to meet the standards of this chapter and any trees or plants located in the right-of-way for all development in all districts.
(d) To prevent extensive destruction of landscaping from invasive pests or disease, the village shall require a diversity in plant species in accordance with the following requirements.
1. When fewer than 40 trees are required on a site, at least two different species shall be utilized, in roughly equal proportions.
2. When 40 or more trees are required on a site, at least three different species shall be utilized, in roughly equal proportions.
3. Required shrubs shall utilize the same species diversity requirements.
4. Nothing in this division (D) shall be construed to prevent the utilization of a larger number of different species than specified above.
(E) Meadows and natural stormwater management areas.
(1) The creation of meadows and natural stormwater management areas (e.g., rain gardens and bioswales) may be used as a method of complying with the requirements of this subchapter.
(2) Any meadow areas or natural stormwater management areas must be identified on the applicable landscaping plan.
(3) Such areas shall not include disturbed lands that are reseeded with grass or turf alone. The landscaping plan shall illustrate how any disturbed areas will be vegetated to recreate a natural meadow or establish a natural stormwater management area.
(4) The landscaping plan shall include a maintenance plan for any meadows or natural stormwater management areas.
(F) Earth mounds.
(1) Slopes on earth mounds shall be no greater than three to one with a generally flat crest and shall not interfere with the natural flow of surface water.
(2) Earth mounds shall not be designed in a straight line but shall be varied in height and horizontal location for a more natural appearance.
(3) Trees and shrubs may be planted in a random pattern on earth mounds.
(4) Adequate ground cover shall be used and maintained to prevent erosion of the earth mound.
(5) No mound wastewater treatment system or other similar on-site wastewater treatment system shall count toward the buffering requirement.
(Prior Code, § 1145.03) (Ord. O-18-20, passed 11-20-2018) Penalty, see § 152.999
§ 152.243 MINIMUM LANDSCAPING STANDARDS.
(A) General site landscaping. In addition to any other specific landscaping requirements defined elsewhere in this chapter, general landscaped areas shall be provided on a lot where a principal building is constructed or enlarged. This general landscaped area shall contain ornamental trees, shrubs, decorative fences, hedges, earth mounds or similar features designed as foundation plantings, or similar landscape features designed to complement the building. The size of this general landscaped area(s) shall not be less than one square foot of general landscaped area for each 100 square feet of gross floor area of new principal building space.
(B) Minimum tree coverage. In addition to any other requirements for tree planting or preservation that may be described elsewhere in this subchapter, a minimum amount of tree coverage must be provided on a lot where a principal building is constructed or enlarged. This minimum amount of tree coverage shall be provided by new tree plantings, preservation of existing trees or a combination thereof, at a ratio of not less than one tree for each 1,000 square feet of gross floor area of new principal building space. Such trees shall meet the minimum caliper standards established in this subchapter.
(C) Preservation of existing trees and wooded areas.
(1) As part of the review of any site plan submitted pursuant to this chapter, the proposed location of buildings, off-street parking areas and other disturbed surfaces shall be designed to minimize the removal of individual trees having a trunk diameter of six inches DBH or greater.
(2) Proposed site plans shall also demonstrate consideration toward placing structures and off-street parking areas to avoid the destruction of heavily wooded areas or outstanding tree specimens.
(Prior Code, § 1145.04) (Ord. O-18-20, passed 11-20-2018)
§ 152.244 STREETSCAPE BUFFER.
(A) A streetscape buffer shall be required in all business districts and for all non-residential development in residential districts.
(B) The streetscape buffer shall be provided along the full width of the lot and shall be unoccupied, except for landscape treatments such as trees, plantings, earth mounds, terraces, shrubs, permitted signs and driveways (generally perpendicular to the right-of-way line).
(C) The minimum width of the streetscape buffer shall be 30 feet, measured from the right-of-way into the property. Corner lots shall have a streetscape buffer of the required width on both street frontages.
(D) Within this streetscape buffer, there shall be a minimum of one deciduous or evergreen tree and five shrubs for every 50 feet of street frontage.
(E) Areas not devoted to trees and shrubs shall be planted with grass, ground cover or other live landscape treatment, excluding paving or gravel, including land in the street right-of-way that is not occupied by street or sidewalk pavement, or mulch.
(F) Landscaping materials used next to sidewalks or paths shall be of a variety that is not prone to dropping fruit or nuts onto the sidewalk or path.
(G) Landscaping materials with briars or thorns should be avoided.
(H) Landscaping materials may be placed in any manner and do not have to be equally spaced. Applicants are strongly encouraged to locate trees and shrubs in a manner that will prevent damage from salt and other materials used to melt snow from the roads.
(Prior Code, § 1145.05) (Ord. O-18-20, passed 11-20-2018) Penalty, see § 152.999
§ 152.245 BUFFERING BETWEEN LAND USES.
(A) Applicability.
(1) Any development in a business district that is located on a property adjacent to land in a residential district shall be subject to the provisions of this section.
(2) Any development of a non-residential use in a residential zoning district shall also be subject to the provisions of this section.
(B) Buffer location.
(1) Buffer areas shall be located along the full length of a side or rear yard, between the proposed use and the adjacent residentially zoned property.
(2) The buffer areas shall be placed on the property being developed or constructed, regardless of ownership.
(C) Buffer requirements.
(1) The minimum width of the buffer area shall be ten feet running the full length of the applicable side or rear yards. For buffering along the side yard, the buffer shall begin, at a minimum, at the front yard building setback line.
(2) No structure shall be permitted within a required buffer area other than a wall, fence, mound or earth berm. Driveways may cross perpendicularly across a buffer area, disturbing the least amount of buffer.
(3) The required buffer area shall consist of maintained living vegetative material such as evergreen trees, shrubs, earth mounding or fencing made of wood that results in 100% opacity, all year, to a height of six feet or more within one year of planting. Fences shall not exceed a maximum height of six feet.
(Prior Code, § 1145.06) (Ord. O-18-20, passed 11-20-2018) Penalty, see § 152.999
§ 152.246 LANDSCAPING FOR VEHICULAR USE AREAS.
(A) Interior landscaping.
(1) Any open parking area (including parking spaces and interior access lanes, but excluding loading, unloading, and storage areas) that contains more than 6,000 square feet of pavement area or 20 or more vehicular parking spaces shall provide interior landscaping in addition to any other required perimeter landscaping (see § 152.246(B)).
(2) Parking lots with more than six spaces in any zoning district shall provide landscaping within each vehicular use area at a minimum ratio of 5% of the gross area of the vehicular use area (including all drive and parking aisles).
(3) Parking lots with 20 or more spaces in a business district shall provide landscaping within each vehicular use area at a minimum ratio of 10% of the gross area of the parking lot (including all drive and parking aisles).
(4) The use of depressed landscaping island, bioswales and rain gardens are encouraged as a method of complying with these standards.
(5) Landscape islands shall be located at the end of each parking row with a minimum size of 135 square feet for single loaded parking rows, and a minimum size of 270 square feet for double loaded rows.
(6) No more than 15 spaces shall be located in a continuous row without being interrupted by a landscaped island, unless the island is used for stormwater infiltration. Such landscape islands shall be of the minimum size established in division (A)(5) above.
(7) Landscape medians with a minimum width of ten feet shall be located as to separate every four parallel rows of cars and shall run the full length of the parking row.
(8) Landscaped islands or peninsulas shall be vegetated with grass or similar plant material not to exceed two feet in height. For each 3,000 square feet of open parking area, there shall be a minimum of one deciduous tree placed in landscaped islands or peninsulas. Trees shall have a clear trunk of at least five feet above the ground.
(9) The landscaped medians required in division (A)(7) above shall be planted with one deciduous tree every 20 lineal feet.
(10) Landscaped areas that extend into parking areas from the perimeter landscaping may count toward this requirement but only that area that extends into the parking area.
(B) Perimeter landscaping.
(1) When a vehicular use area is located within 20 feet of a side or rear lot line, perimeter screening shall effectively conceal parking areas and interior driveways from adjoining property with the use of earth mounds, a planting strip, hedge or fence material for visual separation from adjoining property.
(2) A planting strip at least five feet in width shall be located along the perimeter of a parking area (along a side or rear lot line).
(3) Landscape materials shall be installed to provide a minimum of 50% winter opacity and 70% summer opacity, to a height of four feet within four years after installation.
(Prior Code, § 1145.07) (Ord. O-18-20, passed 11-20-2018) Penalty, see § 152.999
§ 152.247 SCREENING OF SERVICE STRUCTURES.
Service structures shall be screened in all zoning districts. For the purposes of this section, service structures shall include, but not be limited to, loading docks, propane tanks, dumpsters, electrical transformers and other equipment or elements providing service to a building or a site.
(A) Required screening shall include a continuous planting, hedge, fence or similar feature that will enclose any service structure on all sides, unless such structure must be frequently moved, in which case screening on all but one side is required.
(B) Screening established with plant materials shall provide 75% opacity within two years of planting. All other types of screening shall completely screen service structures. If the screening is accomplished through a structure, such structure shall be composed of materials similar to the principal building.
(C) The minimum height of the screening material shall be one foot taller than the height of the enclosed structure but shall not be required to exceed ten feet in height.
(D) Whenever a service structure is located next to a building wall, perimeter landscaping material, or off-street parking area landscaping material such as walls or screening material may fulfill the screening requirement for that side of the service structure if that wall or screening material is of an average height sufficient to meet the height requirement set out in this section.
(E) Whenever a dumpster or similar waste collection unit is designed to be removed or emptied mechanically on a regular basis, a curb to contain the placement of the unit is required.
(Prior Code, § 1145.08) (Ord. O-18-20, passed 11-20-2018) Penalty, see § 152.999
§ 152.248 MAINTENANCE AND INSTALLATION.
(A) All landscaping materials shall be installed in a sound, workmanship-like manner and according to accepted, good construction and planting procedures.
(B) The owner of the property shall be responsible for the continued proper maintenance of all landscaping materials and shall keep them in a relatively weed-free condition, clear of undesirable undergrowth and free from refuse and debris at all times.
(C) All unhealthy or dead plant material shall be replaced within one year or by the next planting period, whichever comes first, while other defective landscape material shall be replaced or repaired within three months. Replacement plants shall conform to the standards that govern original installation.
(D) Pruning, trimming or other suitable methods shall control all plant growth in landscaped areas, so that plant materials do not interfere with public utilities, restrict pedestrian or vehicular access, or otherwise constitute a traffic hazard.
(Prior Code, § 1145.09) (Ord. O-18-20, passed 11-20-2018) Penalty, see § 152.999