A.   Intent. Landscaping enhances the visual image of the City, improves property values and alleviates the impact of noise, traffic, and visual distractions associated with certain uses. Screening provides protection for less intensive uses from noise, light, traffic, litter and other impacts of more intensive, nonresidential uses. These provisions are intended to set minimum standards for the design and use of landscaping, greenbelts, and landscape screening, for the protection and enhancement of the City's environment. More specifically, the intent of these provisions is to:

      1.   Improve the appearance of off-street parking areas, vehicular use areas, and property abutting public rights-of-way, and

      2.   Protect and preserve the appearance, character, and value of the neighborhoods which abut nonresidential areas, parking areas, and other intensive use areas, thereby protecting the public health, safety and welfare,

   B.   Scope of application. No site plan shall be approved unless it shows landscaping consistent with the requirements of this Article. A building permit shall not be issued until the required landscape plan is submitted and approved, and a Certificate of Occupancy shall not be issued unless provisions set forth in this section have been met or a performance guarantee has been posted in accordance with the provisions set forth in Article 2, Section 2.18.

   C.   Minimum requirements. The requirements in this Article are minimum requirements, and under no circumstances shall they preclude the developer and the City from agreeing to more extensive landscaping.

   D.   Design creativity. Creativity in landscape design is recommended. Accordingly, required trees and shrubs may be planted at uniform distances, at random, or in groupings, depending on the designer's desired visual effect and, equally important, the intent of the City to coordinate landscaping on adjoining properties.

(Ord. No. 93-553, § 5.01, 2-2-1993; Ord. No. 16-1562, 12-13-2016)

   A.   General site requirements. All undeveloped portions of the site shall conform to the following general landscaping standards, except where specific landscape elements, such as a greenbelt, berms, or screening are required:

      1.   All unpaved portions of the site shall be planted with turf grass, ground cover, shrubbery, or other similar high quality, live plant material, which shall extend to any abutting street pavement edge. Grass areas in the front yard of all types of uses shall be planted with sod and/or turf grass seed and maintained so that no grass area encroaches upon a paved area greater than two (2) inches.

      2.   A mixture of evergreen and deciduous trees shall be planted on the unpaved open portions of nonresidential parcels where specific landscaping requirements do not appear later in this Article. The total number of trees required shall be determined at the time of site plan review, based on the overall appearance of the site and the amount of landscaping provided elsewhere on the site. Required trees may be planted at uniform distances, at random, or in groupings.

         (a)   For existing structures, whenever in this ordinance a planting is required, it shall be planted to completion within three (3) months from the date of issuance of a Certificate of Occupancy, and no later than November 30 of the same year if the certificate is issued between April 1 and September 30. If the certificate is issued between October 1 to March 31, the planting shall be completed no later than the ensuing May 31. Plantings shall be maintained free of weeds and refuse, in order to safeguard the permanence and health of the plant materials and to provide a screen to abutting properties. Spacing, as required by this ordinance, shall be provided in any planting.

         (b)   For new construction, the landscaping shall be completed no later than eighteen (18) months after the date of issuance of the original building permit. For construction in progress at the time of enactment of this ordinance, the landscaping shall be completed within six (6) months from the effective date of this ordinance if the original building permit was issued more than one (1) year prior to the effective date of this ordinance. If the original building permit was issued less than one year prior to the effective date of this ordinance, the landscaping shall be completed no later than eighteen (18) months after the date of issuance of the original building permit. The Property Maintenance and Development Services Department (PMDS) may require the posting of a performance guarantee as provided by Section 2.18 of the Dearborn Zoning Ordinance, as amended.

      4.   Landscape improvements adjacent to or within easements, street rights-of-way or any other public places shall be installed pursuant to Dearborn Code of Ordinances, Sections 17-241 through 17-257 and maintained so that no grass area encroaches upon a paved area greater than two (2) inches

      5.   In order to encourage species diversification in landscaping and to minimize tree loss caused by species-specific disease, a variety of tree species shall be required as specified in the schedule:

 

 

   B.   Landscaping adjacent to roads and rights-of-way. Landscaping shall be required adjacent to roads and rights-of-way and shall comply with the following plan requirements:

      1.   Minimum requirements. Landscaping shall be required adjacent to a road or right-of-way and shall consist of a landscaped area with a minimum depth of ten (10) feet, which shall be located on private property contiguous to the road right-of-way, excluding openings for driveways and sidewalks. Through lots and corner lots shall provide such landscaping along all adjacent road right-of-way.

The Planning Commission may permit all or a portion of the landscaped area to be located within the road right-of-way or elsewhere within the front setback area, provided that the plan commission finds that the following conditions exist:

         (a)   Such relocation of the landscaped area is consistent with the intent of this section.

         (b)   Relocation of the landscaped area is justified because of the physical characteristics of the site, the location of existing easements, sidewalks, or landscaping, the configuration of existing parking, the need to maintain emergency vehicle access, or because of other public health or safety concerns.

         (c)   Such relocation of the landscaped area will not result in less landscaped area than would be required if the landscaped area had been located on private property contiguous to the road right-of-way.

         (d)   Such relocation of the landscaped area will not jeopardize traffic safety or the general planning of the City.

      2.   Required plantings. 

 

 

For the purposes of computing length of road frontage, openings for driveways and sidewalks shall not be counted. Trees and shrubs may be planted at uniform distances, at random, or in groupings.

      3.   Encroachment into the public rights-of-way. Landscaping shall not become a safety hazard by obscuring the visibility and accessibility of drivers, bicyclists or pedestrians. New landscaping adjacent to roads and rights-of-way shall comply with the following minimum clearance requirements:

         (a)   Trees shall comply with the following minimum lateral clearance requirements, as measured from the center of the tree:

            • To edge of road: Five (5) feet.

            • To edge of fire hydrant: Five (5) feet.

            • To edge of vehicular accessway or sidewalk: Five (5) feet.

         (b)   Trees shall comply with the following minimum vertical clearance requirements, as measured from any horizontal projection (tree limbs, branches, etc.) over:

            • Roadway surfaces: Fourteen (14) feet.

            • Sidewalk surfaces: Seven (7) feet.

            • Bicycle path surfaces: Ten (10) feet.

         (c)   Shrubs shall comply with the following minimum lateral clearance requirements, as measured from the edge of the shrub:

            • To edge of road: Five (5) feet.

            • To edge of fire hydrant: Five (5) feet.

            • To the edge of a sidewalk or multi-use trail: One (1) foot.

            • Trees located in the public easement (between the street and sidewalk) shall be exempt from the lateral clearance requirements.

         (d)   In addition to meeting these clearance requirements, trees and shrubs shall be cut or trimmed to not obstruct the public right-of-way or obscure vehicular and pedestrian sightlines.

      4.   Alternatives. In cases where the non-residential lot or parcel has a depth of one hundred twenty (120) feet or less, the required landscaped area with minimum depth of ten (10) feet adjacent to roads or rights-of-way will not apply so long as one (1) of the following alternatives is used to separate and screen the interior of the site from the road or right-of-way:

         (a)   Masonry or concrete landscape planters with a minimum width of five (5) feet and a minimum height of twenty-four (24) inches shall be provided adjacent to the road or right-of-way. The planters shall be designed to be compatible and complementary to the buildings on the site and on adjacent sites. Planters shall consist of vegetation that is maintained in a healthy growing condition without weeds.

         (b)   Masonry or concrete circular landscape planters with a minimum volume of forty-two (42) gallons and a minimum size of thirty-two (32) inches by twenty (20) inches (diameter × height) shall be provided adjacent to the road or right-of-way. The circular planters shall be of a number and of a design to be compatible and complementary to the buildings on the site and on the adjacent sites. Planters shall consist of vegetation that is maintained in a healthy growing condition without weeds.

         (c)   A three (3)-foot tall decorative fence or wall shall be provided adjacent to the road or right-of-way. The fence or wall shall be designed to be compatible and complementary to the buildings on the site and on the adjacent sites.

   C.   Berms. Berms shall be required to conform to the following standards:

      1.   Dimensions. Required berms shall be measured from the grade of the parking lot or first ground adjacent to the berm, and shall be constructed with slopes no steeper than one (1) foot vertical for each three (3) feet horizontal [thirty-three (33) percent slope], with at least a two (2)-foot flat area on top. Berms may undulate in height, subject to review and approval of berm design as shown on the site plan. The maximum height of required berms shall be three (3) feet.

      2.   Protection from erosion. Any required berm shall be planted with sod and/or turf grass seed, ground cover, or other similar high quality live plant material to protect it from erosion so that it retains its height and shape. The use of railroad ties, cement blocks, and other types of construction materials to retain the shape and height of a berm shall be prohibited.

      3.   Required plantings. 

         (a)   Berms located in the front yard of nonresidential parcels. Berms located in the front yard of nonresidential parcels shall be landscaped in accordance with the requirements for landscaping adjacent to roads in Section 5.02(B).

         (b)   Berms used for screening other than in the front yard. Berms used for screening other than in the front yard shall be landscaped in accordance with the requirements for Screening in Section 5.02(E).

      4.   Measurement of berm length. For the purpose of calculating required plant material, berm length shall be measured along the exterior edges of the berm.

   D.   Greenbelts. Greenbelts shall be required to conform to the following standards:

      1.   Measurement of greenbelt length. For the purposes of calculating required plant material, greenbelt length shall be measured along the exterior edges of the greenbelt.

      2.   General planting requirements. 

         (a)   Grass or ground cover requirements. Turf grass, ground cover, or other similar high quality live plant materials shall be planted over the entire greenbelt area, except where paved walkways are used.

         (b)   Tree and shrub requirements. Except where the greenbelt is used for screening, a minimum of one (1) deciduous or evergreen tree shall be planted for each forty (40) linear feet or portion thereof of required greenbelt, or, alternatively, eight (8) shrubs may be substituted for each required tree. Trees and shrubs may be planted at uniform distances, at random, or in groupings.

         (c)   Distance from sidewalk. Plant materials other than turf grass shall not be placed closer than four (4) feet from the right-of-way line where the greenbelt abuts a public sidewalk.

         (d)   Setback from property line. Plant materials other than turf grass shall be placed no closer than four (4) feet from the property line or fence line.

      3.   Greenbelts used for screening. Greenbelts used for screening shall be landscaped in accordance with the requirements for screening in Section 5.02(E).

   E.   Screening. 

      1.   General screening requirements. Unless otherwise specified, wherever an evergreen or landscaped screen is required, screening shall consist of closely-spaced evergreen plantings [i.e., no farther than fifteen (15) feet apart] which can be reasonably expected to form a complete visual barrier that is at least six (6) feet above ground level within three (3) years of planting. Deciduous plant materials may be used provided that a complete visual barrier is maintained throughout the year.

      2.   Screening of equipment. Mechanical equipment such as air compressors, pool pumps, transformers, sprinkler pumps, satellite dish antennas, and similar equipment located in multi-family, business and industrial zoning districts shall be screened on at least three (3) sides when directly abutting a single-family use. Required screening shall exceed the vertical height of the equipment being screened by at least six (6) inches within two (2) years of planting in all multi-family, business and industrial zoning districts.

   F.   Landscaping of rights-of-way. Public rights-of-way located adjacent to required landscaped areas and greenbelts shall be planted with turf grass or similar high quality live ground cover, and shall be maintained by the owner or occupant of the adjacent property as if the rights-of-way were part of the required landscaped areas or greenbelts.

   Trees and shrubs shall not be planted in the road right-of-way without first obtaining written approval from the agency which has jurisdiction over the road.

   Trees and shrubs shall be planted no closer to the edge of the road pavement than the distances specified in the following chart:

 

 

   G.   Maintenance of unobstructed visibility for drivers. No landscaping shall be established or maintained on any parcel or in any parking lot which will obstruct the view of drivers. Accordingly, all landscaping shall comply with the provisions concerning unobstructed sight distance set forth in Section 2.09.

   H.   Potential damage to utilities and public facilities. In no case shall landscaping material be planted in a way which will interfere with or cause damage to underground utility lines, public roads, or other public facilities. Species of trees whose roots are known to cause damage to public roadways, sewers, or other utilities shall not be planted closer than fifteen (15) feet from any such roadways, sewers, or utilities. Trees shall be set back from overhead utility lines by a minimum distance of five (5) feet.

   I.   Landscaping of divider medians. Where traffic on driveways, maneuvering lanes, private roads, or similar vehicle accessways is separated by a divider median, the median shall be curbed and have a minimum width of ten (10) feet. A minimum of one (1) deciduous or evergreen tree shall be planted for each thirty-five (35) linear feet or portion thereof of median. Trees may be planted at uniform distances, at random, or in groupings, but in no instance shall the center-to-center distance between trees exceed seventy (70) feet. If the median is less than ten (10) feet in width, the median may be landscaped or paved as per the applicant's site plan.

(Ord. No. 93-553, § 5.02, 2-2-1993; Ord. No. 02-889, 4-16-2002; Ord. No. 09-1242, 9-21-2009; Ord. No. 16-1562, 12-13-2016)

   A.   Requirements for commercial, office, and industrial districts. All lots or parcels of land located in office, commercial, or industrial zoning districts shall comply with the following landscaping requirements:

      1.   General site landscaping. At least six (6) percent of the site shall be maintained as landscaped open area. All such open areas shall conform to the general site requirements in Section 5.02A., except where specific landscape elements are required.

      2.   Landscaping adjacent to road or road right-of-way. All commercial, office, and industrial developments shall comply with the requirements for landscaping adjacent to the road or road right-of-way in Section 5.02B.

      3.   Berm requirements. A berm may be used to screen off-street parking from view of the road, in which case the berm shall be a maximum of three (3) feet in height, and shall be planted in accordance with Section 5.02B. The berm shall be located totally on private property, adjacent to the road right-of-way. Parking lot landscaping may be reduced if a berm is constructed to screen off-street parking, in accordance with Section 5.02F.

      4.   Screening. Landscaped screening or a wall shall be required wherever a nonresidential use in a commercial, office, or industrial district abuts directly upon land zoned for residential purposes. Landscaped screening shall comply with the requirements in Section 5.02E. If a wall is used instead of landscaping, the requirements in Article 6.00 shall be complied with.

   B.   Requirements for residential uses in residential "A" and "B" districts. All new residential uses developed in the residential "A" and "B" zoning districts shall comply with the following landscaping requirements:

      1.   All undeveloped and unpaved portions of a site shall be planted with sod, turf grass, ground cover, shrubs, and/or other similar high quality living plant materials.

         (a)   Front yards shall be maintained so that no grass area encroaches upon a paved area greater than two (2) inches.

         (b)   Front yards shall be maintained so that no grass area encroaches upon a paved area greater than two (2) inches.

      2.   Planting beds shall consist of living plant materials and have a border that is shaped by spade-cut edging or the following material:

            • Masonry Edging, composed of stone, brick or concrete.

            • Wood boards or landscape timbers.

            • Metal or plastic strip edging material.

      3.   The use of mulch, stone, gravel, and synthetic material shall be limited to decorative accents within a planting bed.

      4.   Species suitability. Landscape materials native to Southeast Michigan are required to be used to satisfy the requirements of this Article.

      5.   Except for turf grass, any new planting in the public easement between the sidewalk and the street curb requires a permit from the Director of Public Works in accordance with Section 17-249 and Section 17-250 of the Dearborn City Code.

      6.   Landscaped areas including grass and planting beds shall be maintained in a healthy growing condition, free from weeds, debris and refuse.

      7.   Vegetable and fruit gardens shall be prohibited in the front yard.

      8.   Landscaping, including hardscape elements and outdoor furniture, shall not prevent or unreasonably obstruct the use of adjacent property, including a driveway or other means of access to the adjacent property. Landscaping shall be set back at least three (3) feet from an adjoining property, except for landscaping installed along a lawfully-existing perimeter fence and landscaping that is set back at least eighteen (18) inches from the adjoining property and measures no more than four (4) inches above the level of the adjoining property.

      9.   Compliance with this subsection shall be enforced as part of City-wide interval inspections of non-owner occupied dwellings.

   C.   Requirements for residential uses in residential "C", "D", and "E" districts. All residential uses in the residential "C", "D", and "E" zoning districts shall comply with the following landscaping requirements:

      1.   General site landscaping. A minimum of two (2) deciduous or evergreen trees, plus, four (4) shrubs shall be planted per dwelling unit. Unless otherwise specified, required landscaping elsewhere in the multiple family development shall not be counted in meeting these requirements for trees.

      2.   Landscaping adjacent to road or road right-of-way. All multiple-family developments shall comply with the requirements for landscaping adjacent to the road or road right-of-way in Section 5.02B.

      3.   Berm requirements. A berm may be used to screen off-street parking in multiple-family developments from view of the road, in which case the berm shall be a maximum of three (3) feet in height, and shall be planted in accordance with Section 5.02B. The berm shall be located totally on private property, adjacent to the road right-of-way. Parking lot landscaping may be reduced if a berm is constructed to screen off-street parking, in accordance with Section 5.02C.

      4.   Screening. Landscaped screening or a wall shall be required on all sides of any multiple-family development, except on sides facing a road. Landscaped screening shall comply with the requirements in Section 5.02E. A wall may be used instead of landscaping adjacent to nonresidential districts, subject to the requirements in Article 6.00.

      5.   Parking lot landscaping. Off-street parking areas containing greater than fifteen (15) spaces shall comply with the requirements for parking lot landscaping in Section 5.02F.

      6.   Privacy screen. Where multiple-family dwellings are designed so that rear open areas or patio areas front onto a public street, a landscaped privacy screen shall be provided. The screen may consist of a combination of trees, shrubs, and berming, subject to review by the plan commission.

   D.   Requirements for nonresidential uses in residential districts. All nonresidential uses developed in residential zoning districts shall comply with the following landscaping requirements:

      1.   General site landscaping. At least ten (10) percent of the site shall be maintained as landscaped open area. All such open areas shall conform to the general site requirements in Section 5.02A., except where specific landscape elements are required.

      2.   Landscaping adjacent to road or road right-of-way. All nonresidential developments located in residential districts shall comply with the requirements for landscaping adjacent to the road or road right-of-way in Section 5.02B.

      3.   Berm requirements. A berm may be used to screen off-street parking from view of the road, in which case the berm shall be a maximum of three (3) feet in height, and shall be planted in accordance with Section 5.02B. The berm shall be located totally on private property, adjacent to the road right-of-way. Parking lot landscaping may be reduced if a berm is constructed to screen off-street parking, in accordance with Section 5.02C.

      4.   Screening. Landscaped screening or a wall shall be required wherever a nonresidential use abuts directly upon land zoned for residential purposes. Landscaped screening shall comply with the requirements in Section 5.02E.

   Unless otherwise specified, all landscape materials shall comply with the following standards:

   A.   Plant quality. Plant materials used in compliance with the provisions of this ordinance shall be nursery grown, free of pests and diseases, hardy in Wayne County, in conformance with the standards of the American Association of Nurserymen, and shall have passed inspections required under state regulations.

   B.   Nonliving plant material. Plastic and other nonliving plant materials shall not be permitted. Water bodies, boulder groupings, landscape furniture, and man-made landscape ornaments, singly or in combination shall not account for more than fifteen (15) percent of the ground area to be landscaped.

   C.   Plant material specifications. The following specifications shall apply to all plant material proposed in accordance with the landscaping requirements of this ordinance:

      1.   Deciduous shade trees. Deciduous shade trees shall be a minimum of one and three-quarter (1.75) inches in caliper measured six (6) inches above grade with the first branch a minimum of four (4) feet above grade when planted.

      2.   Deciduous ornamental trees. Deciduous ornamental trees shall be a minimum of one and one-half (1.5) inches in caliper measured six (6) inches above grade with a minimum height of four (4) feet above grade when planted.

      3.   Evergreen trees. Evergreen trees shall be a minimum of five (5) feet in height when planted. Furthermore, evergreen trees shall have a minimum spread of two and one-half (2.5) feet, and the size of the burlapped root ball shall be at least ten (10) times the caliper measured six (6) inches above grade.

      4.   Shrubs. Shrubs shall be a minimum of two (2) feet in height when planted. Low-rowing shrubs shall have a minimum spread of twenty-four (24) inches when planted.

      5.   Hedges. Hedges shall be planted and maintained so as to form a continuous, unbroken, visual screen within two (2) years after planting, barring unusual growing conditions, such as drought or disease. Hedges shall be a minimum of two (2) feet in height when planted.

      6.   Vines. Vines shall be a minimum of thirty (30) inches in length after one (1) growing season.

      7.   Ground cover. Ground cover used in lieu of turf grasses in whole or in part shall be planted in such a manner as to present a finished appearance and reasonably complete coverage after one (1) complete growing season. Ground cover shall be maintained in a healthy growing condition, free from weeds, debris and refuse.

      8.   Grass. Grass area shall be planted using species normally grown as permanent lawns in Wayne County. Grass, sod, and seed shall be clean and free of weeds, pests, and diseases. Grass may be sodded, hydroseeded, plugged, sprigged or seeded. When grass is to be established by a method other than complete sodding or seeding, grass seed shall be sown for immediate effect and protection until complete coverage is otherwise achieved. Straw or other mulch shall be used to protect newly seeded areas.

      9.   Mulch. Mulch used around trees, shrubs, and vines shall be a minimum of three (3) inches deep.

      10.   Undesirable plant material. Use of the following plant materials (or their clones) is not encouraged because of susceptibility to storm damage, disease, and other undesirable characteristics. Additional undesirable plant materials may be identified, a list of which shall be maintained by the City.

         • American Willow.

         • Ash.

         • Box Elder.

         • Northern Catalpa.

         • Poplar.

         • Tree of Heaven.

         • Willow.

(Ord. No. 93-553, § 5.04, 2-2-1993; Ord. No. 16-1562, 12-13-2016)

   The following standards shall be observed where installation and maintenance of landscape materials are required:

   A.   Installation. Landscaping shall be installed in a sound, workmanlike manner to ensure the continued growth of healthy plant material. Trees, shrubs, hedges, and vines shall be generously mulched at the time of planting.

   Summary of Plant Material Specifications [1]

 

 

   B.   Protection from vehicles. Landscaping shall be protected from vehicles.

   C.   Off-season planting requirements. If development is completed during the off-season when plants cannot be installed, the owner shall provide a performance guarantee to ensure installation of required landscaping in the next planting season, in accordance with Section 2.18.

   D.   Maintenance. Landscaping required by this ordinance shall be maintained in a healthy, neat, and orderly appearance, free from refuse and debris. All unhealthy and dead plant material shall be replaced immediately upon notice from the zoning administrator, unless the season is not appropriate for planting, in which case such plant material shall be replaced at the beginning of the next planting season.

All constructed or manufactured landscape elements, such as but not limited to benches, retaining walls, edging, and so forth, shall be maintained in good condition and neat appearance. Rotted, deteriorated, or damaged landscape elements shall be repaired, replaced, or removed upon notice from the zoning administrator.

(Ord. No. 93-553, § 5.05, 2-2-1993)

   The following regulations shall apply to existing plant material:

   A.   Consideration of existing elements in the landscape design. In instances where healthy plant material exists on a site prior to its development, the plan commission may permit substitution of such plant material in place of the requirements set forth previously in this section, provided such substitution is in keeping with the spirit and intent of this article and the ordinance in general.

Existing hedges, berms, walls, or other landscape elements may be used to satisfy the requirements set forth previously, provided that such existing elements are in conformance with the requirements of this section.

   B.   Preservation of existing plant material. In the event that healthy plant materials which are intended to meet the requirements of the ordinance are cut down, damaged or destroyed during construction, said plant material shall be replaced with the same species as the damaged or removed tree, in accordance with the following schedule, unless otherwise approved by the zoning administrator based on consideration of the site and building configuration, available planting space, and similar considerations:

 

 

(Ord. No. 93-553, § 5.06, 2-2-1993)

   In consideration of the overall design and impact of a specific landscape plan, and in consideration of the amount of existing plant material to be retained on the site, the plan commission may modify the specific requirements outlined herein, provided that any such adjustment is in keeping with the intent of this Article and ordinance in general. in determining whether a modification is appropriate, the plan commission shall consider whether the following conditions exist:

   A.   The public benefit intended by the landscape regulations could be better-achieved with a plan that varies from the strict requirements of the ordinance, and

   B.   1.   Topographic features or other unique features of the site create conditions such that strict application of the landscape regulations would result in a less effective screen than an alternative landscape design, or

      2.   Parking, vehicular circulation, or land use are such that required landscaping would not enhance the site or result in the desired screening effect.

(Ord. No. 93-553, § 5.07, 2-2-1993)