Defiance City Zoning Code
CHAPTER 1177
Landscaping and Buffer Standards
1177.01 PURPOSE.
The purpose of this chapter is to:
(a) Promote and protect the interest of the public convenience, comfort, prosperity, or general welfare in accordance with Chapter 1161 General Provisions of this code and the City's Tree Care and Maintenance Ordinance by providing for the planting and maintenance of trees, shrubs, and other plants within the City.
(b) Require buffering between non-compatible land uses and to protect, preserve and promote the character and value of surrounding neighborhoods, and to promote the public health and safety through the reduction of noise pollution, air pollution, visual pollution, air temperature, and artificial light glare by providing for the installation and maintenance of buffer areas in accordance with the standards and requirements of this chapter.
(c) Require reasonable landscaping that is economically beneficial in attracting new residents, visitors, and businesses to the City. This chapter will enhance this via proper location and quantities of planting and landscaping. This chapter also will promote the preservation and replacement of trees and significant vegetation removed during the development of land.
(Ord. 8592. Passed 7-2-24.)
1177.02 APPLICABILITY.
(a) This section shall apply to new property development, redevelopment, and any collective substantial expansion of existing structures, except for individual single-family dwellings, two-family dwellings, three-family dwellings, and parking lots of less than five (5) spaces. Substantial expansion of existing structures shall be defined based on the criteria established below in Table 1177.02-1: Substantial Expansion:
TABLE 1177.02-1: SUBSTANTIAL EXPANSION | |
WHEN EXISTING STRUCTURE IS..... | A SUBSTANTIAL EXPANSION IS....... |
0 - 1,000 Square Feet | 50% or Greater |
1,001 - 10,000 Square Feet | 40% or Greater |
10,001 - 25,000 Square Feet | 30% or Greater |
25,001 - 50,000 Square Feet | 20% or Greater |
50,001 Square Feet or larger | 10% or Greater |
(b) For expansion of structures or parking areas, the landscaping, buffering, and screening requirements shall apply to any new or expanded parking or vehicular use areas.
(c) For the expansion of structures that will decrease the setback between the structure and a residential zoning district, the buffering and screening standards of this chapter shall apply.
(d) Where there is a change in use that is more intense than the existing use, the buffering and screening standards of this chapter shall apply.
(Ord. 8592. Passed 7-2-24.)
1177.03 LANDSCAPING MATERIALS AND STANDARDS.
(a) Responsibility for Installation of Landscaping Materials. The landscaping requirements shall be provided by the person in charge of or in control of developing the property, whether as owner, lessee, tenant, occupant or otherwise.
(b) Existing Landscape Material.
(1) Unless otherwise noted, existing landscape material in healthy condition can be used to satisfy the requirements of this chapter in whole or in part provided they meet all requirements of this chapter.
(2) The City Engineer shall determine satisfaction of this requirement.
(c) Easements and Clear Vision.
(1) Required landscaping may be placed wholly or partially in utility or other easements provided all requirements can be fulfilled and approval is granted by the holder of the easements.
(2) Landscaping must also be placed in the required area between the property line and the front, rear and side yard setbacks.
(3) In no case shall landscaping and buffer yards be established so as to block the sight distance at street or drive intersections in accordance with Section 1173.06 Traffic Safety Visibility Triangle.
(d) Landscaping Materials. Existing vegetation shall be preserved as much as possible in accordance with City tree standards in the City's Tree Care and Maintenance Ordinance. The following items are suitable for landscaping materials used individually or in combination with each other, subject to review and approval by the City Engineer. Nursery stock identification tags shall not be removed from any planting prior to inspection and approval of final installation by the City.
(1) Walls and Fences.
A. When walls or fences are used to fulfill screening requirements, they shall be detailed on the plan.
B. Walls or fences are to 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.
C. Chain link fences with or without wooden or synthetic slat material shall not be allowed when used to satisfy the buffer requirements of this chapter.
D. Walls and fences shall be designed to orient the finished side away from the subject lot so the finished side faces the adjacent lots.
(2) Plants.
A. Plant materials used in conformance with these provisions shall conform to the American Nursery and Landscape Association and shall have passed any inspection required under state regulations. Trees shall be balled and burlapped or in containers. Shrubs, vines, and ground covers can be planted as bare root as well as balled and burlapped or from containers.
B. The following are specific standards for landscaping materials.
1. Deciduous Trees. Deciduous trees shall have a minimum caliper of at least two (2) 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 chapter shall be used to create a dense buffer.
2. Evergreen Trees. Evergreen trees shall be a minimum of six (6) feet in height at the time of planting. Evergreen plantings when used for buffer screening shall be planted at a maximum distance of twenty (20) feet on center to provide an effective, dense screen within four (4) years of planting.
3. Ornamental and Understory Trees. Ornamental and understory trees shall have a minimum height of five (5) feet or a minimum caliper of at least one and one-fourth (1.25) inches DBH conforming to acceptable nursery industry procedures at the time of planting.
4. Shrubs and Hedges. Shrubs and hedges shall be at least twenty-four (24) inches in height at the time of planting. Unless otherwise specified in this chapter, all shrubs and hedges shall be designed to provide an effective, dense screen and mature height of at least six (6) feet within four (4) years after the date of the final approval of each planting. The height at installation of the planting shall be measured from the level of the surface of the plant base at the edge closest to the screening.
5. Grass and Ground Cover. Grass of the Fescus (Gramineak) or Bluegrass (Poaceae) family shall be planted in species normally grown as permanent lawns in the City of Defiance. In swales or other areas subject to erosion, solid sod, erosion reducing net, or suitable mulch shall be used and nursegrass seed 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. Ground cover shall be planted at a maximum spacing of one foot on center to provide seventy-five percent (75%) complete coverage after two growing seasons.
C. Once the minimum landscape requirements have been met, any size plant may be installed on a lot to supplement the minimum requirements.
(3) Species Diversity.
A. To curtail the spread of disease or insect infestation in a plant species, new plantings shall comply with the approved planting material list as established in the City's Tree Care and Maintenance Ordinance and with Table 1177.03-1: Species Variety Requirements.
TABLE 1177.03-1: SPECIES VARIETY REQUIREMENTS | |
NUMBER OF TREES REQUIRED ON SITE | MAXIMUM PERCENTAGE OF TREES THAT MAY BE A SINGLE SPECIES |
1 - 19 | 50% |
20 - 39 | 33% |
40 or more | 25% |
B. Required shrubs shall utilize the same species diversity requirements.
C. Nothing in this subsection shall be construed so as to prevent the utilization of a larger number of different species than specified above.
(4) Earth Mounds. Earth mounds may be used as physical barriers which block or screen a view. Differences in elevation between areas requiring screening do not constitute an earth mound. Earth mounds shall be constructed of earthen materials and shall conform to the following standards:
A. The maximum side slope shall be 3:1 and the design shall be reviewed by the City Engineer to ensure that proper erosion prevention and control practices have been utilized.
B. Mounds and earth forms shall be designed with physical variations in height and alignment throughout their length.
C. Landscape plant material installed on mounds and earth forms shall be arranged in an irregular pattern to accentuate the physical variation and achieve a natural appearance.
D. The landscape plan shall show sufficient detail, including a plan and profile of the mound or earth form, soil types and construction techniques to demonstrate compliance with the above provisions.
E. Mounds and earth forms shall be located and designed to minimize the disturbance to existing trees located on the site or adjacent thereto.
F. Adequate ground cover shall be used and maintained to prevent erosion of the earth mound.
(5) Grade Changes. In cases where grading is necessary that results in a parking lot lower in elevation than the surrounding area or adjacent right-of-way, the resulting embankment shall be planted with low shrubs and shade or ornamental trees. The type and variety of plantings shall be based on the steepness of the slope.
(Ord. 8592. Passed 7-2-24.)
1177.04 LANDSCAPING AND BUFFER REQUIREMENTS FOR THE CO COLLEGE OVERLAY DISTRICT.
(a) All land within the CO District that is not occupied by a structure, driveway, parking area or other permanent improvement, or in the process of being improved by the construction of such permanent facilities, shall be covered with grass, trees, shrubs, flowering plants or other vegetative ground cover, and all required plantings shall be properly maintained.
(b) Driveway entrances, driveways, roads, sidewalks, walkways, service areas and other access ways providing entrance to nonresidential structures within the CO District shall be landscaped with a combination of groundcover, trees, shrubs or flowering plants. Grass may be used in conjunction with other plant materials but shall not be the sole or predominant landscaping material.
(c) At the time any lot in the CO District is improved by the construction of a new principal building, or by the substantial improvement of an existing principal building, the perimeter boundary fronting any public street shall be planted with trees appropriate to local soil and climatic conditions.
(1) All tree plantings required by this subsection shall be located in the front yard setback area established by the general zoning regulations applicable to the base zoning district in which the property is located.
(2) The total number of trees required to be planted shall be determined by the following:
A. One tree of a species that may reasonably be expected to attain a mature height of twenty (20) feet shall be planted for each ten (10) feet of street frontage.
B. For each tree planted or preserved that is of a species that may reasonably be expected to attain a mature height of more than thirty-five (35) feet, the total number of trees required shall be reduced by three.
(d) Property owners are encouraged to preserve mature trees when undertaking demolition or construction activities on any land within the CO District.
(e) A variance from the minimum tree planting requirements of this section may be granted when the location or topographic characteristics of the improved lot render it impossible to plant the number of trees required without creating a sight obstruction that would endanger the safety of motor vehicle or pedestrian traffic or the available front yard setback area affords insufficient land that is suitable for the cultivation of trees in the numbers required. A variance from the minimum tree planting requirements shall be granted upon request of the property owner when the preservation of pre-existing trees renders the planting of trees in the numbers required by this section unnecessary to the achievement of the declared purposes of the CO District.
(f) Any opening made in a walkway, sidewalk, drive, or other paved surface that is open to the general public for pedestrian use to accommodate cultivation of a tree shall be at least four feet square and fitted with commercially reasonable safeguards to prevent accidental injury to pedestrians entering upon the premises. Such safeguards may include, but are not limited to, the use of walkable grates to cover the tree pit or the use of masonry, wrought iron, cast iron, steel or similarly durable decorative edging of sufficient height to prevent pedestrians from approaching the tree pit.
(g) Buffer Requirements for the CO College Overlay District.
(2) In the CO District, land that is used for the off-street parking of motor vehicles shall be separated from all adjacent public rights-of-way and from all adjacent properties that are located in any district that is zoned other than R-1, R-2, or R-3 by a decorative border conforming to the requirements of this subsection.
(3) The perimeter landscaping required by this subsection shall consist of one of the following, located between the parking area and the property line of the premises on which such parking area is sited:
A. A landscaped area at least five (5) feet wide, exclusive of sidewalks and other surface improvements, planted with at least one shrub or understory/ornamental tree at intervals of three (3) to five (5) feet as determined by the growth characteristics of the plantings used. Wheel stops shall be installed on the surface of the parking area to ensure that vehicles cannot overhang the plant material; or
B. An ornamental fence not less than three (3) feet and no more than six (6) feet in height constructed of cast, forged or wrought iron, steel, copper, aluminum or metal alloy of equivalent durability, or of painted steel or aluminum tubing, and landscaped with shrubbery planted at intervals of three (3) feet or less along the outside face of the fence; or
C. A solid wall not less than three (3) feet and no more than six (6) feet in height constructed of masonry materials acceptable for use as the primary material for the facade of a building under the standards established by Subsection 1169.04(a) CO College Overlay District and landscaped with shrubbery planted at intervals of three (3) feet or less along the outside face of the wall.
(Ord. 8592. Passed 7-2-24.)
1177.05 LANDSCAPE BUFFER REQUIREMENTS.
(a) Minimum Buffer Yard. The minimum buffer requirements shall be as defined in Subsection 1173.02(b)(2) Yard Requirements for Nonresidential Uses Abutting Residential Districts.
(b) Screening Requirements for Required Buffers.
(1) Buffer Requirement for Required Yards of Sixty (60) Feet or Wider. If the buffer yard required in Subsection 1173.02(b)(2) Yard Requirements for Nonresidential Uses Abutting Residential Districts is sixty (60) feet in width or wider, the yard shall incorporate a forty (40) foot wide, six (6) foot tall earth mound and a double row of staggered evergreen trees planted a maximum of fifteen (15) feet on center.
(2) Buffer Requirements for Required Yards Less than Sixty (60) Feet Wide. If the buffer yard required in Subsection 1173.02(b)(2) Yard Requirements for Nonresidential Uses Abutting Residential Districts is less than sixty (60) feet in width, the yard shall incorporate one of the following options:
A. A staggered row of evergreen trees and ornamental trees planted a maximum of fifteen (15) feet on center, and a single hedge row with evergreen shrubs a minimum of six (6) feet high; or
B. A six (6) foot high fence or wall or an earth mound, and a three (3) foot tall hedge with deciduous shrubs and one deciduous tree planted a maximum of thirty (30) feet on center; or
C. One deciduous tree planted a maximum of thirty (30) feet on center, and a double row hedge with evergreen shrubs a minimum of six (6) feet high.
(3) Buffer Design Standards.
A. Buffers shall not be located on any portion of an existing, dedicated, or reserved public right-of-way or private ingress/egress easement.
B. The buffer shall be provided on the lot that is being developed.
C. On sloped areas the buffer shall be located to maximize its effectiveness.
D. No construction shall be permitted within a required buffer other than a wall, fence, or mound, or a driveway in the front yard connecting a parking area on the lot to a street or to a parking area on an abutting lot. A driveway in the side yard that connects a paving area on the lot to the street shall not encroach into the buffer area.
E. Subsurface constructions are permitted provided the required buffer is placed above said subsurface constructions and further provided no part of a subsurface construction protrudes above the ground surface.
(4) Buffering for Off-Street Parking Adjacent to Residential Districts.
A. Off-street parking areas for five (5) or more vehicles shall be effectively screened on each side which adjoins or faces premises situated in any residential district by a masonry wall or solid fence.
B. The wall or fence shall be not less than three (3) feet or more than six (6) feet in height.
C. The wall or fence shall be maintained in good condition without advertising.
D. In lieu of the wall or fence, a buffer a minimum of ten (10) feet wide planted and maintained with an evergreen hedge or dense planting of evergreen shrubs not less than three (3) feet in height may be substituted.
(Ord. 8592. Passed 7-2-24.)
1177.06 SCREENING REQUIREMENTS.
(a) Intent and Applicability. In addition to the buffer requirements (Section 1177.05 Landscape Buffer Requirements) and interior landscaping requirements (Section 1177.07 Interior Landscaping Requirements for Parking Areas), screening shall be required to conceal specific areas of high visual or auditory impact, or hazardous areas, from both on-site and off-site views. Such areas shall be screened at all times, unless otherwise specified, regardless of adjacent uses, districts, or other proximate landscaping material.
(b) Items to be Screened. The following areas shall be screened in accordance with this section:
(1) Large waste receptacles (dumpsters) and refuse collection points (including cardboard recycling containers), but not including drop-off boxes for use by the public (see Subsection 1169.10(d)(8) Drop-Off Boxes).
(2) In the R-3 District, multi-family residences or dwellings when abutting or adjacent to single-family dwellings or housing.
(3) Off-street parking areas for five (5) or more vehicles which adjoin or face premises situated in any residential district or used for institutional or residential purposes.
(4) Loading and service areas, including any areas where tractor-trailers will be stored, adjacent to a residential use or district.
(5) Outdoor storage areas (including above ground storage tanks) not subject to the outdoor storage requirements of Subsection 1169.10(d)(13) Outdoor Bulk Storage.
(6) Mechanical equipment and utility meters located in the front yard and not located on, and screened by, the building or structure.
(7) Other areas as required by Planning Commission to protect adjacent properties.
(c) General Provisions.
(1) Where vegetative and/or topographic conditions that provide a natural screening and buffer exist prior to development of the properties in question, every effort shall be made to retain such conditions. In such cases, additional screening may not be required, provided that provision is made for maintenance of such condition to the satisfaction of the City.
(2) Required screening areas shall be provided by the owner and/or developer as a condition of development.
(3) All required screening (including the planting of trees and other vegetation) shall be maintained by the property owner. Failure to maintain the required screening areas to accomplish their intended purpose shall constitute a violation of this code under Chapter 1183 Enforcement and Penalties.
(4) Areas to be set aside as screening areas shall be identified on the plans required for zoning permit review.
(5) It shall be unlawful to occupy any premises unless the required screening has been installed in accordance with the requirements as provided herein.
(d) Screening Requirements.
(1) All screening shall be approved during the zoning permit review.
(2) All items to be screened shall be shielded from view from public roads and adjoining property.
(3) All items to be screened shall be provided with a visual screen consisting of solid fences, masonry walls, mounds or plant materials or a combination thereof.
(4) The screening shall be at least one (1) foot higher than the item to be screened but not less than six (6) feet in height, but shall not exceed ten (10) feet in height, and shall extend along three sides of the service area.
(5) For large waste receptacles (dumpsters), a gate shall be required on the fourth side where access is provided to the dumpster. The gates shall be opaque enough to shield from view the interior of the service area.
(6) All plant materials used for required screens around service areas shall be of an evergreen variety.
(7) If an adjacent building provides screening on one side of the service area, only two sides need to be screened, mounded, or walled, with a gate required in front of the service area. The gate shall be opaque enough to shield from view the interior of the service area.
(8) Roof mounted mechanical equipment shall be screened by parapet walls or other screening device with height not lower than six (6) inches below the height of mechanical equipment. (Also see Section 1173.04 Architectural Design Standards.)
(e) Fence or Wall Screens.
(1) Solid fences or masonry walls shall be compatible with the architectural materials and patterns of the principal structure.
(2) Under no circumstances shall a wall for screening purposes be constructed of unfinished concrete or cinder block.
(3) Residential Zoning Districts. Ornamental, see-through fences are permitted up to four (4) feet in height in yards fronting on a public street. Other fences, planting material and similar screening devices are permitted up to four (4) feet in height in front yards to within ten (10) feet of a right-of-way intersection. Fences may not exceed six (6) feet in height in rear yards to within ten (10) feet of a right-of-way intersection. Refer to Subsection 1173.01(f) Corner Lots for corner lots. The finished side of the fence must face the adjacent property or right-of-way and, for fences installed on the property line, the applicant for the fence permit must obtain written consent from the abutting property owner(s). No part of any fencing shall extend into the public right-of-way.
(4) Commercial and Industrial Zoning Districts. Ornamental, see-through fences are permitted up to six (6) feet in height in yards fronting a public street. Other fences, planting material and similar screening devices are permitted up to four (4) feet in height in front yards to within five (5) feet of a right-of-way intersection. Fences and screening devices maybe not exceed eight (8) feet in height in any other location unless a greater height is approved by the Planning Commission as part of the site plan review process. No part of any fencing or swing gate shall extend into the public right-of-way.
(5) Injurious materials, such as barbed wire, razor ribbon, electric fences, or spike fences, are not permitted in any residential area, unless the same are used to protect a public facility, and then the same shall not be lower than six (6) feet.
(6) Fencing and walls shall be maintained in good condition at all times and shall be kept free of advertising and other signage.
(f) Mound Screens.
(1) Mounds shall be a minimum of three (3) feet in height if other screening materials are used (fences or plant materials). If no other screening materials are used, the mounds shall be a minimum of six (6) feet in height.
(2) When mounds are to be used in conjunction with planting materials to screen residential uses, the mound plus any trees shall be of sufficient height to screen the first story of the residential uses.
(g) Curbing or Bollards. Whenever screening material is placed around any large waste receptacle (dumpster) or waste collection unit which is emptied or removed mechanically on a regular basis, a curb or bollards to contain the placement of the container shall be provided within the screening material. The curbing or bollards shall be at least one foot from the material and shall be designed to prevent possible damage to the screening when the container is moved or emptied. (Ord. 8592. Passed 7-2-24.)
1177.07 INTERIOR LANDSCAPING REQUIREMENTS FOR PARKING AREAS.
(a) Amount of Landscaping Required.
(1) For all parking areas with five (5) or more parking spaces, a total of ten percent (10%) of the paved area (not including loading spaces or stacking lanes/spaces) shall be landscaped under the provisions of this section.
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Figure 1177.07-1: Parking Lot Interior Calculations.
The required landscaping shall be located within landscaped islands. Landscaped areas that extend into parking areas from the perimeter landscaping may count toward this requirement but only that area that extended into the parking area.
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Figure 1177.07-2: Landscaping and screening is intended to soften the appearance of large expanses of parking areas and can also provide areas for storm water management.
(2) Landscaped islands shall be developed and distributed throughout the parking lot to define 2.major circulation aisles and driving lanes; and to provide visual and climatic relief from broad expanses of pavement.
A. Each island shall have a minimum dimension of nine (9) feet in any horizontal direction.
B. 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. See Figure 1177.07-1.
C. No more than fifteen (15) parking spaces shall be located in a continuous row without being interrupted by a landscaped island.
D. Island Planting Requirements.
1. There shall be a minimum of two (2) deciduous trees and four (4) shrubs provided for every fifteen (15) parking spaces, or fraction thereof; such trees shall be planted within the required landscaped islands.
2. Each individual landscape island shall include a minimum of one (1) tree and two (2) shrubs.
3. Additional shrubs or low, spreading plant materials may be planted within the required landscaped islands provided there is no impairment to the visibility of motorists or pedestrians.
4. The landscape medians/islands that separate every fourth row of parking spaces, running the full length of the parking area, shall be planted with a minimum of one tree per forty (40) lineal feet. Sidewalks and/or pedestrian paths may be incorporated into these medians.
5. The trees and shrubs shall be distributed throughout the parking lot islands to decrease the appearance of a single expanse of pavement and to create a canopy effect.
6. The area not covered by the canopy of the tree, but within an interior landscape area, shall be covered by shrubs, grass, ground cover, landscape gravel, or mulch.
(3) The landscaped islands shall be protected by the installation of continuous curbs or wheel stops with a height of six (6) inches, except as modified to accommodate storm water run-off.
(4) The landscaped islands should be designed, to the maximum extent feasible, to accommodate storm water run-off. The use of porous pavement and/or specially designed brick or block is encouraged to increase on-site water detention for plant material and ground water supplies and to reduce problems associated with run-off.
(b) Perimeter Landscaping Requirements. All surface vehicular use areas designed for five (5) or more parking spaces shall be screened in accordance with this subsection.
(1) Perimeter Adjacent to Property Line. Vehicular use areas shall maintain a minimum five (5) foot perimeter planting strip along adjacent private property lines and public rights-of-way unless the vehicular use area is adjacent to or a continuation of a vehicular use area on an adjacent property.
A. The minimum planting strip width may be reduced to five (5) feet through the provision of an ornamental metal fence or masonry wall constructed in accordance with the following:
1. The wall or fence shall have a minimum height of three (3) feet and a maximum height of six (6) feet;
2. A masonry wall shall have a minimum opacity of seventy-five percent (75%) of the entire wall surface along any single lot line;
3. The wall or fence shall be supplemented with thirty (30)-inch high evergreen shrubs planted between the fence or wall and the lot line a minimum of three (3) feet on center.
B. The planting strip shall contain a continuous hedge composed of a double-staggered row of evergreen shrubs with a minimum planting height of thirty (30) inches and a maximum on-center spacing of three (3) feet.
C. Up to twenty-five percent (25%) of the shrubs may be deciduous.
D. In addition to the required shrubs, the planting strip shall include canopy trees that shall be provided at a rate of two and one-half (2.5) trees per 100 lineal feet of the perimeter of the vehicular use area. Clustering or grouping of these trees is permitted.
E. Understory trees may be used in areas where the presence of overhead utilities prevents the use of canopy trees.
F. Trees may be planted in front of, behind, or within the hedge, as long as a continuous hedge is maintained.
(2) Building Perimeter. When a building is not abutted by a sidewalk, shrubs shall be placed around the building perimeter of the primary facade a minimum of three feet from the building. Building perimeter landscaping is not required when loading, service, or drive-through service access areas are adjacent to the building. See Figure 1177.07-3
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Figure 1177.07-3: Building perimeter planting.
(Ord. 8592. Passed 7-2-24.)
1177.08 MAINTENANCE.
(a) All landscaping materials shall be installed and maintained according to accepted nursery industry procedures. The owner of the property shall be responsible for the continued property maintenance of all landscaping materials and shall keep them in a proper, neat, and orderly appearance, free from refuse and debris at all times.
(b) Unhealthy and dead plants that are required as part of these requirements shall be replaced within one year, or by the next planting season, whichever comes first.
(c) Violation of these maintenance practices shall be a violation of this code.
(Ord. 8592. Passed 7-2-24.)
1177.09 MODIFICATIONS.
The Planning Commission may approve modifications to the buffer or landscaping requirements of this chapter. The Planning Commission shall base its decision on all of the following criteria:
(a) The specific conditions which are unique to the applicant's land.
(b) The manner in which the strict application of the provision of this chapter would deprive the applicant of a reasonable use of the land in a manner equivalent to the use permitted other landowners in the same district.
(c) The unique conditions and circumstances are not the result of actions of the applicant subsequent to the adoption of this chapter.
(d) Reasons that the modification shall preserve, not harm, the public safety and welfare, and shall not alter the essential character of the neighborhood.
(e) A demonstration that the applicant has provided for a buffer or landscape area that achieves the spirit of this chapter.
(Ord. 8592. Passed 7-2-24.)