4. 4. 4.
      Light poles shall be consistent in design with the overall architectural theme of the corridor but shall not exceed 30 feet in height. Pedestrian-oriented lighting should be at smaller scales to light walkways and plazas while parking area lighting should be at larger scales to light parking areas and vehicular circulation routes.
   5. 5.
      Lighting should be coordinated with landscaping and signage for proper site integration.

Effective on: 1/1/1901

1. 6. 6.
      Walls and fences used for landscaping or screening shall be constructed of masonry, stone, wood, vinyl or a material similar in composition and appearance as the principal building. Such walls and fences shall be opaque or shall be of a design approved by the Zoning Administrator.

1.   
   7. 7.
      Nothing in this subsection shall preclude the installation of temporary fences around construction works, erected or maintained pursuant to the International Building Code or Soil Erosion and Sedimentation Control Act requirements.
   8. 8.
      Prohibited Fences

      1. a.
         Fences or walls topped with or containing broken glass or similar material is prohibited.
      2. b.
         Fences constructed of readily flammable material (traditional wood fences excluded) such as paper, cloth, or canvas are prohibited.
      3. c.
         Fence material not listed in Table 7.2, Fence and Wall Types Described and Illustrated are not permitted unless approved by the Zoning Administrator as a like-material that meets or exceeds the intent of the fence standards.
   9. 9.
      Barbed wire and electric fencing are permitted only in the Agriculture district where it is accessory to a permitted agricultural use.
   10. 10.
       In addition to a zoning permit, certain walls and fences may also require a building permit.
2.   
   Materials and Design

   The following standards shall apply to all fences and walls in all zoning districts unless otherwise noted.

   1. 1.
      Fence Types Described

TABLE 7.2 - FENCE AND WALL TYPES DESCRIBED AND ILLUSTRATED
TYPE	DESCRIPTION	EXAMPLE PHOTOS
Masonry walls	Masonry walls may be made of brick, concrete block, stone, or a combination of such materials. Unfinished concrete block may not be used as a facing material. These walls may be used on many types of building sites to provide privacy, stabilize terraces, secure pets and children, and delineate or set off landscape features.
Ornamental metal or other (materials designed to resemble ornamental metal)	Decorative metal fencing that has a pattern with a minimum 80 percent or more open. This fencing is most often used in urban areas and small lot subdivisions where the need to balance access control with visibility exists.
Woven wire, including chain link	Wire woven into a fencing material that has a pattern with a minimum 80 percent or more open. This fencing is most appropriate for agricultural areas to control livestock and delineate pasture.
Wood or other (materials designed to resemble wood such as composite or vinyl)	Wooden picket or slat fencing either opaque (privacy fencing) or semi-opaque. Wooden slats and pickets on these fences must be a minimum of 3 inches wide.
Mixed-material	Fences typically combining two or more fence materials. This fence type does not include woven wire fencing where fence posts made of wood or other materials may be used. These fences are often found in suburban or rural areas as visually lower-impact pet or child enclosures.
Hedge	A fence or boundary formed by closely growing bushes or shrubs planted in a fashion that provides an opaque or nearly opaque barrier.
Barbed wire / sharp-pointed fences	A fence discouraging climbing or sitting through the use of sharp points or objects welded to or embedded in fence posts or walls.
Flood retaining walls	Walls in this category are designed and intended to contain or redirect flood waters.
Sports	These fences typically surround active sport areas such as tennis courts, volleyball courts, basketball courts, baseball fields, and football fields. They serve to keep the ball close to the field of play and to control access to the play area. Fences must be made of coated chain link or similar material.
Security	Security walls and fences, including but not limited to razor wire, concertina wire, and similar high security fencing material required to secure industrial properties.

TABLE 7.2 - FENCE AND WALL TYPES DESCRIBED AND ILLUSTRATED
TYPE	DESCRIPTION	EXAMPLE PHOTOS
Masonry walls	Masonry walls may be made of brick, concrete block, stone, or a combination of such materials. Unfinished concrete block may not be used as a facing material. These walls may be used on many types of building sites to provide privacy, stabilize terraces, secure pets and children, and delineate or set off landscape features.
Ornamental metal or other (materials designed to resemble ornamental metal)	Decorative metal fencing that has a pattern with a minimum 80 percent or more open. This fencing is most often used in urban areas and small lot subdivisions where the need to balance access control with visibility exists.
Woven wire, including chain link	Wire woven into a fencing material that has a pattern with a minimum 80 percent or more open. This fencing is most appropriate for agricultural areas to control livestock and delineate pasture.
Wood or other (materials designed to resemble wood such as composite or vinyl)	Wooden picket or slat fencing either opaque (privacy fencing) or semi-opaque. Wooden slats and pickets on these fences must be a minimum of 3 inches wide.
Mixed-material	Fences typically combining two or more fence materials. This fence type does not include woven wire fencing where fence posts made of wood or other materials may be used. These fences are often found in suburban or rural areas as visually lower-impact pet or child enclosures.
Hedge	A fence or boundary formed by closely growing bushes or shrubs planted in a fashion that provides an opaque or nearly opaque barrier.
Barbed wire / sharp-pointed fences	A fence discouraging climbing or sitting through the use of sharp points or objects welded to or embedded in fence posts or walls.
Flood retaining walls	Walls in this category are designed and intended to contain or redirect flood waters.
Sports	These fences typically surround active sport areas such as tennis courts, volleyball courts, basketball courts, baseball fields, and football fields. They serve to keep the ball close to the field of play and to control access to the play area. Fences must be made of coated chain link or similar material.
Security	Security walls and fences, including but not limited to razor wire, concertina wire, and similar high security fencing material required to secure industrial properties.

TABLE 7.2 - FENCE AND WALL TYPES DESCRIBED AND ILLUSTRATED
TYPE	DESCRIPTION	EXAMPLE PHOTOS
Masonry walls	Masonry walls may be made of brick, concrete block, stone, or a combination of such materials. Unfinished concrete block may not be used as a facing material. These walls may be used on many types of building sites to provide privacy, stabilize terraces, secure pets and children, and delineate or set off landscape features.
Ornamental metal or other (materials designed to resemble ornamental metal)	Decorative metal fencing that has a pattern with a minimum 80 percent or more open. This fencing is most often used in urban areas and small lot subdivisions where the need to balance access control with visibility exists.
Woven wire, including chain link	Wire woven into a fencing material that has a pattern with a minimum 80 percent or more open. This fencing is most appropriate for agricultural areas to control livestock and delineate pasture.
Wood or other (materials designed to resemble wood such as composite or vinyl)	Wooden picket or slat fencing either opaque (privacy fencing) or semi-opaque. Wooden slats and pickets on these fences must be a minimum of 3 inches wide.
Mixed-material	Fences typically combining two or more fence materials. This fence type does not include woven wire fencing where fence posts made of wood or other materials may be used. These fences are often found in suburban or rural areas as visually lower-impact pet or child enclosures.
Hedge	A fence or boundary formed by closely growing bushes or shrubs planted in a fashion that provides an opaque or nearly opaque barrier.
Barbed wire / sharp-pointed fences	A fence discouraging climbing or sitting through the use of sharp points or objects welded to or embedded in fence posts or walls.
Flood retaining walls	Walls in this category are designed and intended to contain or redirect flood waters.
Sports	These fences typically surround active sport areas such as tennis courts, volleyball courts, basketball courts, baseball fields, and football fields. They serve to keep the ball close to the field of play and to control access to the play area. Fences must be made of coated chain link or similar material.
Security	Security walls and fences, including but not limited to razor wire, concertina wire, and similar high security fencing material required to secure industrial properties.

TABLE 7.2 - FENCE AND WALL TYPES DESCRIBED AND ILLUSTRATED
TYPE	DESCRIPTION	EXAMPLE PHOTOS
Masonry walls	Masonry walls may be made of brick, concrete block, stone, or a combination of such materials. Unfinished concrete block may not be used as a facing material. These walls may be used on many types of building sites to provide privacy, stabilize terraces, secure pets and children, and delineate or set off landscape features.
Ornamental metal or other (materials designed to resemble ornamental metal)	Decorative metal fencing that has a pattern with a minimum 80 percent or more open. This fencing is most often used in urban areas and small lot subdivisions where the need to balance access control with visibility exists.
Woven wire, including chain link	Wire woven into a fencing material that has a pattern with a minimum 80 percent or more open. This fencing is most appropriate for agricultural areas to control livestock and delineate pasture.
Wood or other (materials designed to resemble wood such as composite or vinyl)	Wooden picket or slat fencing either opaque (privacy fencing) or semi-opaque. Wooden slats and pickets on these fences must be a minimum of 3 inches wide.
Mixed-material	Fences typically combining two or more fence materials. This fence type does not include woven wire fencing where fence posts made of wood or other materials may be used. These fences are often found in suburban or rural areas as visually lower-impact pet or child enclosures.
Hedge	A fence or boundary formed by closely growing bushes or shrubs planted in a fashion that provides an opaque or nearly opaque barrier.
Barbed wire / sharp-pointed fences	A fence discouraging climbing or sitting through the use of sharp points or objects welded to or embedded in fence posts or walls.
Flood retaining walls	Walls in this category are designed and intended to contain or redirect flood waters.
Sports	These fences typically surround active sport areas such as tennis courts, volleyball courts, basketball courts, baseball fields, and football fields. They serve to keep the ball close to the field of play and to control access to the play area. Fences must be made of coated chain link or similar material.
Security	Security walls and fences, including but not limited to razor wire, concertina wire, and similar high security fencing material required to secure industrial properties.

1.   
   2. 2.
      Fence Types Limited

1.   
   3. 3.
      Maintenance and Safety

      Walls and fences shall be erected and maintained in a safe manner. Walls and fences not erected or maintained in a safe manner through neglect, lack of repair, manner of construction, method of placement, or otherwise deemed unsafe by the city shall be repaired, replaced, removed, or subject to enforcement action as a violation of this Ordinance.

   4. 4.
      Fence and Wall Measurements

      1. a.
         All fences or wall heights must be measured from ground level where the fence or wall meets the ground to the highest point of the fence or wall.
      2. b.
         Fence post finials are permitted to extend a maximum of 8 inches above the maximum height of any permitted fence.
   5. 5.
      Retaining Walls

      1. a.
         Walls greater than six feet in height must be terraced or offset to prevent sheer vertical walls.
      2. b.
         A combination fence and retaining wall may be erected. The retaining wall portion may be erected up to a level of the highest finished grade. The fence portion must be of the class and height permitted within the zone. The measurement of fence height shall be taken from the highest grade.

1.   
   6. 6.
      Fences on Flag Lots

      The stem portion of flag lots are restricted to the front yard fence regulations. All other portions of the lot are permitted to have front, side, and/or rear yard fences, unless a more restrictive fence type or height is required on adjacent lot line. Where this occurs, the flag lot must use the more restrictive fence type or height standard.

1. 7. 7.
      Fences on Corner Lots and Double Frontage Lots

      Corner lots and double frontage lots are restricted to the front yard fence regulations within any front yard area adjacent to a street, with side yard fences permitted in all other yard areas. Rear yard fences are only permitted within the rear yard areas, as defined within Article 14, for corner lots.

   8. 8.

      Fences on Vacant Lots

      The construction of walls or fences is allowed on a property with no principal structure provided that a principal structure or principal use with the same ownership as the vacant property abuts the vacant property (without a street or alley separating). The fence constructed must meet all regulations of Section 7.06. No accessory structure other than a fence may be constructed on a vacant property.

      1. a.

         Fence material must be consistent all the way around the property.

      2. b.

         Chain-link fences are prohibited on vacant properties in all Residential and Commercial District.

Effective on: 1/1/1901

1.   
   3. 3.
      New parking lots or parking lot expansions containing more than ten parking spaces or more than 1,500 square feet, which whichever is larger, shall be landscaped accordingly. If an existing parking lot is moved or redesigned, the parking lot landscape standards shall apply. If an existing parking lot is expanded, then these standards shall apply to the expanded area only. Normal maintenance, such as paving or restriping, will not invoke the parking lot landscape standards.
   4. 4.
      When multiple types of landscaping are required, each type must be provided, except in the following cases:

      1. a.
         For areas on lots that require both perimeter landscape and buffer yards, the more restrictive standard shall apply;
      2. b.
         Street trees may be counted towards the perimeter landscaping requirement;
      3. c.
         Any type of landscaping may be used to meet the interior landscaping requirements.

3. C.
    Landscape Plan

   A landscaping plan shall be required for the submission of any new development or redevelopment. This plan shall be submitted in accordance with the procedures and requirements in the Landscape and Planting Manual. Additional procedural requirements may be found in Article 13, Process and Procedure.

4. D.
   Types of Landscaping Required 

5. E.
   Materials

   1. 1.
      The Landscape and Planting Manual shall be used to determine the appropriate plant materials, form, and density used in any landscape plan.
   2. 2.
      Areas of a site that are not being used for the building, off-street parking and loading, and interior sidewalks and walkways, must be covered with grass or other types of ground cover. Grass and other types of living ground cover shall cover at least 75 percent of all open space areas, the other 25 percent may be non-living natural ground cover such as rocks and stones. Parking lot islands may be covered by grass, other living ground covers, or non-living natural ground cover. This provision does not apply to inert stabilization in areas subject to severe runoff or erosion. Use of native species is encouraged. Tire mulch and impervious materials shall not be used as ground cover anywhere on a site, except for playgrounds.
   3. 3.
      When calculating the number of plants required, the number of plants shall be rounded up to the nearest whole number.
6. F.
   Installation and Maintenance

   1. 1.
      At the time of installation, plant materials must meet the minimum caliper and height requirements identified in the Landscape and Planting Manual.
   2. 2.
      Concrete or similar curbing shall be installed around all landscape areas adjacent to parking lots, drives, sidewalks, bikeways, or streets to contain landscape material and to provide protection from vehicles. In low-impact design landscape areas, wheel-stops or curb breaks can be substituted.
   3. 3.
      Maintenance of the required landscape and buffers are the responsibility of the property owner. Maintenance includes actions necessary to keep landscape materials healthy, neat and orderly in appearance and free of litter and debris. The minimum standards for all maintenance of required plant materials shall be per the Tree Care Industry Association ANSI A300 Standards. Any living plant material that dies or is destroyed shall be replaced by the property owner.
   4. 4.
      Buffer yards over time may lose their screening ability and shall be replanted to meet the requirements of this Ordinance. The Zoning Administrator may order required buffer yard landscape plants to be replaced for as long as the conditions requiring the buffer exist.
   5. 5.
      The Zoning Administrator may order all other diseased, infested, dying, dead, or damaged landscape plants required in this Section to be replaced within an eight-year period from the date the Certificate of Zoning Compliance was granted. This does not apply to required buffer yards which are covered in subsection 5 above.
   6. 6.
      Replacement of trees and landscape is permitted and shall be in accordance with applicable provisions of this Ordinance.
   7. 7.
      Once streets have been accepted by the City, street trees shall be maintained and cared for by the property owner adjacent to the tree except in subdivisions where the property owners’ association provides maintenance and care. Prior to street acceptance, the developer shall be responsible for ensuring maintenance and care. Maintenance shall include replacement and trimming as necessary. A maintenance responsibility statement shall be provided on the Final Plat and documented within the homeowners’ association articles of incorporation or the restrictive covenants/deed restrictions for the development.
7. G.
   Alternative Compliance

   1. 1.
      The Landscape and Planting Manual includes plant lists which shall be used when selecting trees and shrubs to meet the requirements of this section. For design flexibility, plant substitutions may be made on the following basis, unless otherwise noted:

7. 2. 2.
      Where evergreen trees or shrubs are required for screening, substitutions as noted above are not permitted.
   3. 3.
      Unless specifically required, trees and shrubs do not have to be equally spaced but may be grouped together.
   4. 4.
      Where a property has unique conditions, the following adjustments are permitted:

      1. a.
         When there is a topographical change of 15 feet or greater, a buffer yard width may be reduced by 50 percent. The required landscaping must be placed at the top of the bank.
      2. b.
         When there is an undisturbed area twice as wide as the required buffer yard width, the number of required trees can be reduced by 50 percent.

8. H.
   Existing trees can be preserved to meet the requirements of any of the landscape requirements.

   1. 1.
      The trees being preserved must be in the same general location and be able to fulfill the same purpose as required landscaping.
   2. 2.
      Barriers shall be used to protect trees during the development of the site. Substantial barriers shall be specified on the landscape plan and shall be placed at or beyond the critical root zone (an area equal to a 1-foot radius from the base of the tree’s trunk for each one inch of the tree’s trunk diameter at 4.5 feet above grade). These barriers shall remain in place during heavy construction on the site and no vehicles, machinery, tools, chemicals, construction materials, or temporary soil deposits may be permitted within the barriers, nor may any notice or other object be nailed or stapled to protected trees.
   3. 3.
      If these trees are removed by any means, the property owner shall be responsible to provide new landscaping that meets these requirements.
9. I.
   Under conditions where a strict interpretation of the requirements of this Section may be either physically impossible or create practical difficulties, an alternative compliance procedure may be used to maintain the spirit rather than the literal interpretation of the Ordinance. The proposed solution must equal or exceed standard landscaping requirements. Requests to the Zoning Administrator for use of alternative landscaping schemes are justified only when one (1) or more of the following conditions apply:

   1. 1.
      The sites involve space limitations or unusually shaped parcels;
   2. 2.
      Topography, soil, vegetation, or other site conditions are such that full compliance is impossible or impractical;
   3. 3.
      Due to a change of use of an existing site, the required buffer is larger than can be provided;
   4. 4.
      Safety considerations are involved; or
   5. 5.
      Existing utility lines or easements complicate the placement of required plant materials.

10. J.
    Clearance Areas

    1. 1.
       Landscaping in required landscaped areas shall not obstruct the sight lines between the street and the access drives and parking aisles near the entries and exits in accordance with the standards provided for in Section 6.07, Clear Sight Distance Required. Landscaping shall not be located where it creates an obstruction of view in the radius of any curb return.
    2. 2.
       Large and medium trees shall be planted or preserved so that when they reach maturity, there will be a minimum ten-foot clearance between the tree trunk and structures, building overhangs, walls, fences, utilities, or signs. Small trees shall be planted or preserved so that when they reach maturity, there will be a minimum ten-foot clearance between utilities or signs.
    3. 3.
       Trees shall maintain a minimum of eight feet of vertical clearance over any pedestrian or bicycle areas and a minimum of 14 feet over all vehicular areas.

11. K.
    Interior Landscaping

    1. 1.
       Ten percent of each lot must be landscaped with trees, shrubs, or planting beds. Grass or other types of ground cover does not count towards these requirements. Plants, bioretention areas, filter strips, swales, and constructed wetlands used to meet another landscaping requirement can be used to meet this requirement.
    2. 2.
       Primary entryways to developments shall be landscaped. The landscape shall be set back from the right-of-way to avoid impeding sight lines at the intersection according to Section 6.07, Clear Sight Distance Required. These areas can include signage, wayfinding, shrubbery, trees, and ornamental planting.
    3. 3.
       The table below contains the minimum requirements for interior landscaping. All trees required within this subsection shall be planted within the private lot or common open space and must be spaced at a width sufficient to accommodate mature growth.

12. L.
    Foundation and Fence / Wall Landscaping

    1. 1.
       This subsection shall apply to walls and fences that are visible from and within a yard that abuts the public right-of-way and have a foundation, fence, or wall greater than 25 feet in length.
    2. 2.
       There shall be at least one small tree and four large shrubs for every 25 feet of the foundation, fence, or wall. These must be planted within 10 feet of the foundation, fence, or wall. These can be clustered in groups instead of placing on center to promote a more natural setting.
    3. 3.
       Where required, this landscaping may be counted toward any required interior landscaping.

13. M.
    Perimeter Landscaping

    1. 1.
       Perimeter landscaping shall be required for any new buildings, or the expansion of an existing building meeting the requirements in Section 7.07, B.,2., Applicability
    2. 2.
       Perimeter landscaping shall be located within the front, rear, and side yard setbacks and shall include one medium tree or medium street tree planted and two large shrubs every 50 feet of linear feet. These must be planted within five feet of the front, rear, and side property line. These can be clustered in groups instead of placing on center to promote a more natural setting.

13. 3. 3.
       Perimeter landscaping may include bioretention areas, filter strips, swales, and constructed wetlands provided they meet the requirements of the Storm Water Best Management Practice Manual prepared for the Northern Kentucky region.
14. N.
    Parking Lot Landscaping

    1. 1.
       All landscaped areas shall be separated from vehicular use areas by concrete curbing. Roll curbs may not be used for this separation. In low-impact designed landscape areas, wheel-stops or curb breaks can be substituted.
    2. 2.
       Parking lot landscaping consists of perimeter parking lot landscaping, parking lot peninsula and island landscaping, landscaping between multiple parking bays, and parking garage landscaping.

       1. a.
          Perimeter Parking Lot Landscaping

1.   
   2. b.
      Parking Lot Peninsula and Island Landscaping

      1. 1.
         All rows of parking shall be capped with a parking lot peninsula or island.
      2. 2.
         A parking lot peninsula or island is required for every 10 continuous parking spaces.
      3. 3.
         Peninsulas and islands shall be a minimum size of 9 feet wide by 19 feet long. Peninsulas and islands only adjacent to compact parking spaces (if permitted) shall be a minimum of 8 feet wide by 17 feet long.

1.   
   1.   
      4. 4.
         Parking lot peninsulas and islands shall require at least one medium tree or medium street tree. Every peninsula and island shall also contain two large shrubs with ground cover, mulch, or decorative rock.
      5. 5.
         Low Impact Development practices are encouraged including: native grasses and vegetation, bioretention or rain gardens, grassed swales, and soil improvements.

   3. c.
      Multiple Parking Bays

      1. 1.
         When a parking lot contains two or more parking bays, there shall be a continuous landscape island down the middle of every other bay. One medium tree and two large shrubs are required for every 25 feet. The remainder must be covered with ground cover, mulch, decorative rock, or pedestrian walkways that meets the requirements of Section 10.20, C. Low Impact Development practices are encouraged, such as rain gardens, bioretention cells, and infiltration trenches.
   4. d.
      Parking Garages

      1. 1.
          Perimeter Parking Garage Foundation Landscape

         A parking garage shall meet the perimeter parking lot landscaping requirements found in Section 7.07, N., 2., a., Parking Lot Landscaping.

2. 2.
   Garage Screening Requirements

   If a parking garage is effectively hidden by a building, has an architectural façade, or has first floor retail or office, Perimeter Parking Garage Foundation Landscape and Pedestrian Amenities are not required.

15. O.
    Buffer Yard Requirements