A.

New Structures. These regulations shall apply to all structures built hereafter. For the purposes of these regulations, any structure hereafter moved from one site to another site shall be considered to be a structure built hereafter. Except as specifically provided in Article 8 of these regulations concerning rebuilt or restored structures, any structure rebuilt or restored after damage by any means shall be considered to be a structure built hereafter.

B.

New Uses of Old Structures. A change in use of any structure requires that the new use must comply with the use regulations found in these regulations, unless otherwise permitted by provisions in Article 8. The mere establishment of the new use does not require the existing structure to conform to the lot size requirements or the bulk regulations.

C.

Structural Alterations. If any structure is hereafter structurally altered as defined in Section 202:

1.

The entire structure as altered shall comply with the use regulations of these regulations.

2.

Any alterations, enlargements or additions to the structure shall comply with the bulk regulations of these regulations, except as permitted by Section 802(B) for nonconforming structures.

3.

The off-street parking facilities shall not be reduced below or, if already less than, shall not be further reduced below the requirements applicable to a similar new structure or use.

D.

Uses of Open Land. If any use of open land is hereafter established or if any use of open land is hereafter changed to another use, such new use shall comply with all the provisions of these regulations, unless permitted by Sections 803 and 806.

E.

Exemptions. The following structures and uses shall be exempt from the provisions of these regulations:

1.

Utility poles less than 60 feet in height and less than 24 inches in diameter, wires, cables, conduits, vaults, laterals, pipes, mains, valves or other similar equipment for the distribution to consumers of telephones or other communications, electricity, gas or water, or the collection of sewage or surface water, but not including communication structures or utility substations located on or above the surface of the ground.

2.

Monopole structures less than 60 feet in height when located within the public right-of-way adjacent to B-3, B-4, B-5 or M-1 zoning districts, subject to approval pursuant to the City's ordinance and/or regulations providing for management of the public right-of-way.

3.

Railroad tracks, signals, bridges and similar facilities and equipment located on a railroad right-of-way and maintenance and repair work on such facilities and equipment.

4.

Use of land for agricultural purposes as defined in Section 202, including accessory buildings and structures thereon not in a designated flood plain. When any land or accessory building or structures ceases to be used only for agriculture, then it shall be subject to the applicable provisions of these regulations.

5.

Drilling and operation of oil and gas wells.

6.

Buildings, structures or land used, but not just leased, by the federal government.

A.

Establishment of Districts. The zoning jurisdiction is hereby divided into the districts as described in Article 4 of these regulations and includes residential, non-residential and special purpose districts.

B.

Zoning Maps.

1.

The boundaries of the districts described in Article 4 are as indicated on the Official Zoning Map(s) which is on file in the office of the Zoning Administrator and identified on its face as part of these regulations. Each of the zoning map(s), with all notations, references and other matters shown thereon, is as much a part of these regulations as if specifically set forth herein.

2.

These regulations are intended to provide that the entire area of the zoning jurisdiction, including all the land and water areas, rivers, creeks, streets, alleys and railroads and other rights-of-way, be included in the districts established herein. Any area not shown on the zoning map(s) as being included in any district shall be deemed to be in the most restrictive district pursuant to these regulations.

C.

Boundaries. In the event that uncertainties exist with respect to the intended boundaries of the various districts as shown on the Official Zoning Map(s), the following rules shall apply:

1.

Where boundary lines are indicated as approximately following streets, alleys, easements, railroads, rivers, streams or bodies of water, such boundaries shall be construed as following the centerlines thereof or otherwise be construed to coincide with lot or tract lines, unless otherwise indicated.

2.

Where the district boundaries do not coincide with the location of boundaries as stated in Section 301.C.1 above, the district boundaries shall be determined by the use of the scale shown on the zoning map, unless an exact distance is shown.

3.

When a lot held in one ownership on the effective date of these regulations is divided by a district boundary line, the entire lot shall be construed to be within the less restrictive district unless the application of this rule would increase the area of the less restrictive portion of the lot by more than 25%.

D.

Zoning of Rights-of-Way. All streets, alleys, public ways, waterways and railroad right-of-way, if not otherwise specifically designated, shall be deemed to be in the same zone as the property immediately abutting them. Where the center line of a street, alley, public way, waterway or railroad right-of-way serves as a district boundary, the zoning of such areas, unless otherwise specifically designated, shall be deemed to be the same as that of the abutting property up to such center line.

A.

Permitted Uses. Unless otherwise provided by these regulations, no structure shall hereafter be built, moved or structurally altered and no structure or land shall hereafter be used, occupied or designed for use or occupancy except for the uses permitted within the zoning district in which the structure or land is located.

B.

Special Uses. No use of a structure or land that is designated as a special use in a district shall hereafter be established, and no existing special use shall hereafter be changed to another special use in such district, unless such special use is approved in accordance with Section 1101 of these regulations.

C.

Exceptions. No existing exception shall hereafter be changed to another use, unless such use is permitted by these regulations.

D.

Lot Sizes.

1.

No structure, or part thereof, shall hereafter be built, structurally altered or moved and no structure or land shall hereafter be used, occupied or arranged or designed for use of occupancy on a zoning lot, unless otherwise provided for in these regulations, which in its district is:

a.

Smaller in area than the minimum area or minimum lot area per dwelling unit required;

b.

Narrower than the minimum lot width required; or

c.

Shallower than the minimum lot depth required.

2.

Where independent dwelling units are to be sold as condominiums, minimum lot size requirements shall not apply to each individual ownership, but shall be applied collectively to the common open space surrounding the structures such that the total open space is an aggregate of the minimum lot area required for each dwelling unit; however, the minimum lot width and depth for the district shall be applied to the entire zoning lot.

3.

When an existing lot is reduced as a result of conveyance to a federal, state or local government for a public purpose and the remaining area is at least 75 percent of the required minimum lot area for the district in which it is located, then that remaining lot shall be deemed to comply with the minimum lot area standards of these regulations.

E.

Bulk Regulations. In these regulations, bulk requirements are expressed in terms of maximum structure height, maximum lot coverage, minimum setbacks and minimum front, side and rear yards.

1.

No structure, or part thereof, shall hereafter be built, structurally altered or moved and no structure or land shall hereafter be used, occupied or designed for use or occupancy that would:

a.

Exceed the maximum lot coverage percentage specified for the zoning district in which the structure is located, or

b.

Exceed the maximum structure height specified for the zoning district in which the structure is located, except:

1.

Chimneys, flues, stacks, fire escapes, gas holders, elevator enclosures, ventilators, skylights, solar panels, water tanks, and similar roof structures needed to operate and maintain the building on which they are located; and roof signs as permitted by Article 7 of these regulations;

2.

Flag poles, water towers and tanks, steeples and bell towers, carillons, monuments, cupolas, electrical transmission line towers and wind energy conversion systems;

3.

Communication structures, antennas or towers accessory to residential uses when used for the sole and personal use of the resident on which the accessory use is located if first approved as a special use in accordance with Section 1101 of these regulations;

4.

Public utility substations when first approved as a special use in accordance with Section 1101 of the regulations; and

5.

Communication structures when first approved as a special use within certain districts in accordance with Section 1101 of these regulations.

c.

Provide any setback of front, side or rear yard that is less than that specified for the zoning district in which such structure or use of land is located or maintained, except as front yard setbacks may be applied in Sections 303.A. and 303.B. and except side yard setbacks for nonconforming structures and uses in Article 8.

2.

Where independent dwelling units are to be sold as condominiums, bulk regulations shall not apply to each individual ownership, but shall be applied to the entire zoning lot.

3.

When an existing lot is reduced in size as a result of conveyance to a federal, state or local government for a public purpose and the conveyance causes existing structures on the lot to exceed the maximum lot coverage or encroach into any setback of the resulting front, side or rear yard, then the existing structures shall be deemed to comply with the bulk regulations.

F.

Use Limitations. No permitted or special use hereafter established, altered, extended, enlarged or moved shall be operated or designed so as to conflict with the use limitations for the zoning district in which such use is or will be located. No permitted, special use or exception (formerly identified as a "conditional use") already established on the effective date of these regulations shall be altered, extended or enlarged so as to conflict, or further conflict with, the use limitations for the zoning district in which such use is located. (See Sections 802, 803 and 806.)

G.

Off-Street Parking and Loading. No structure shall hereafter be built or moved and no structure or land shall hereafter be used, occupied or designed for use or occupancies, unless the minimum off-street parking and off-street loading spaces required by Article 5 are provided. No structure or use already established on the effective date of these regulations shall be enlarged unless the minimum off-street parking and loading spaces required by Article 5 are provided.

H.

Accessory Structures or Uses. No accessory structure or use, as defined in Article 6, shall hereafter be built, altered, extended, enlarged or moved, unless permitted by Article 6.

I.

Temporary Structures and Uses. No temporary structure or use shall hereafter be built, altered, extended, enlarged or moved, unless permitted by Article 6.

J.

Home Occupations. No home occupation, as defined by Article 6, shall hereafter be established, altered, extended or enlarged in any residential district unless it complies with the permitted uses, conditions and use limitations as provided for in Article 6.

K.

Signs. No sign shall hereafter be built, and no existing sign shall be altered, enlarged or moved, unless it complies, or will thereafter comply, with the provisions of Article 7.

(Ord. No. 2529, § 1.53, 1.54, 5-23-23)

A.

Platted Building Setback Lines. If a final recorded subdivision plat imposes a building setback line on a front yard for a lot which is different from the minimum setback or front yard required by the applicable section of these regulations, then notwithstanding any other provision of these regulations, the minimum setback or minimum front yard shall be the same as that shown on such subdivision plat; provided, that it has been recorded and not otherwise been officially vacated.

B.

Average Setback in Existing Residential Districts. On streets where a front yard is less than that required by these regulations and has been maintained for existing structures on lots having a frontage of 50% or more of the total frontage on one side of that portion of the street line between two intersecting streets, the front yard setback need not be greater than the average setback of the existing structures that encroach into the setback required by these regulations.

C.

Yard Requirements for Open Land. If a zoning lot is, or will be, occupied by a permitted use without structures, then the minimum front, side and rear yards that would otherwise be required for such a zoning lot shall be provided and maintained, unless some other provision of these regulations requires or permits a different minimum front, side or rear yard. Such rear yards shall not be required on zoning lots used for open public recreation areas.

D.

Restrictions on Allocation and Disposition of Required Yards or Open Space.

1.

No part of the lot area, or of a yard, or other open space, or off-street parking or loading space provided in connection with any structure or use in order to comply with these regulations shall, by reason of change of ownership or otherwise, be included as part of the minimum lot area or yard or open space or off-street parking or loading space required for any other structure or use, except as specifically provided herein.

2.

All of the lot area and all yards and other open spaces provided in connection with any structure or use in order to comply with these regulations shall be located on the same zoning lot as such structure or use.

3.

No part of the lot area or yard or other open space or off-street parking or loading space provided in connection with any structure or use, including but not limited to any structure or use existing on the effective date of these regulations or of any amendment thereof, shall be subsequently reduced below, or further reduced if already less than, the minimum requirements of these regulations for the equivalent new construction.

E.

Permitted Obstruction in Required Yards. The following are defined as permitted obstructions in a required yard:

1.

In specific yards:

a.

open terraces or decks may project into a required rear yard not more than five feet;

b.

awnings or canopies may project into a required front or rear yard not more than five feet and may project into a required side yard not more than 30 inches;

c.

steps which are necessary for access to a permanent structure or for access to a lot or to a lot from a street or alley are permitted in any required yard;

d.

bay windows, chimneys and overhanging eaves and gutters may project 30 inches or less into any required yard;

e.

window wells projecting 36 inches or less (not including concrete thickness); arbors and trellises; flagpoles, basketball goals and similar structures are permitted in any required yard;

f.

ornamental light and gas fixtures and similar structures are permitted in any required yard;

g.

vehicle parking when permitted by Article 5 is permitted in any required yard;

h.

accessory and temporary uses when permitted by Article 6 are permitted in any required yard;

i.

signs when permitted by Article 7 are permitted in any required yard;

j.

for dwellings constructed prior to January 1, 1980, open unenclosed porches or patios may project into a required front yard or rear yard for a distance not exceeding eight feet. The open unenclosed porch or patio may include a permanent roof provided that, when located in a required front yard, the permanent roof is of an architectural style and constructed of building materials that substantially match the principal structure's roof design and appearance; and

k.

detached unenclosed canopy structures over gasoline/fuel pumps or motor vehicle drive-in/drive-through facilities may be placed in any required yard, provided the supports for the canopy are not located within a required yard; and provided further the canopy projection does not extend more than 10 feet into a required yard.

2.

In any yard except a front yard:

a.

Accessory uses permitted by Article 6;

b.

recreational equipment and laundry drying lines; and

c.

open and closed fences not exceeding eight feet in industrial districts and six feet in height in all other districts provided such fences located in residential districts do not extend beyond the corner of a principal structure into any open area fronting on a street for which the facade has been designated for the property address number, except that such fences may extend to the building setback line of a corner lot, including the reduced corner lot setback provided for in these regulations, for which the facade has not been designated.

3.

In front yards only:

a.

For single-family, duplex and multiple-family uses only, split-rail, decorative metal, picket, or similar fences with an open space design with pickets no wider than 3.5 inches and spaced at least 4 inches apart, which do not exceed a height of 36 inches and which do not include security measures or points at the top. Temporary picket or decorative metal fences not to exceed a height of 48 inches as an accessory use to model homes and related sales offices only; provided, such fences block access into the driveway and remain in place only as long as the model home is open for sales, but not longer than six months. Permits for additional six-month periods may be approved upon reapplication; however, no further fee, if any, will be required. On corner lots, the Zoning Administrator may modify the fence design if the spacing of the pickets or railings would obstruct, impair, obscure or interfere with the vision triangle.

b.

In addition to Section 303.E.3.a. above for single-family, duplex and multiple-family uses only, open and closed fences not exceeding six feet in height in front yard setbacks may extend to the property line of a corner lot; provided that the facade for which the household address has been designated is 180 degrees from the adjacent opposing lot and subject to the restriction that the fence shall not be located in or over any area of a vision triangle or extend beyond the corner of a principal structure into any front yard for which the facade has been designated for the property address number.

c.

For single-family, duplex, and multiple-family uses only, the required setback for an accessory structure within a secondary front yard may be reduced to the minimum side yard setback as required by the subject property's zoning district, provided that the façade for which the household address has been designated is 180 degrees from the adjacent opposing lot and subject to the restriction that the accessory structure shall not be located in or over any area of a vision triangle or extend beyond the corner of a principal structure into any front yard for which the façade has been designated for the property address number.

d.

In all business and institutional districts, but not industrial, and for all multiple-family and nonresidential uses in residential districts, an exception may be approved for fences which do not exceed eight feet in height not including security measures nor have less than 90% open space in the fence design; provided, that such a design and location do not pose a threat to public safety or health. Notwithstanding the above provision for an exception, all cemeteries, churches and public and private schools may construct such fences as described without obtaining an exception, provided they meet the design and location standards.

e.

In industrial districts only, fences not exceeding eight feet in height, not including security measures, nor which have less than 90% open space in fence design. Security measures shall not include concertina wiring or designs which would pose an undue risk of harm to the public safety and health.

f.

For single-family and two-family dwellings constructed prior to January 1, 1980, open unenclosed carports for no more than two passenger vehicles may project into the required front yard for a distance not exceeding 20 feet and shall be exempt from the design regulations of Section 600.C.5.

F.

Lot Size Requirements and Bulk Regulations for Public Utility Uses. Notwithstanding any other provision of these regulations, none of the following public utility uses shall be required to comply fully with the lot size requirements and bulk regulations of the zoning district in which they are located, except as necessary to comply with maximum structure heights specified for the zoning district in which the structure is located unless exempted by Section 300.E or as may be required as a condition of approval for a special use permit in certain districts:

1.

Electric and telephone substations and distribution centers.

2.

Gas regulator stations.

3.

Pumping stations.

4.

Communication structures, radio, television and micro-wave transmitting or relay stations and towers.

5.

Water towers or standpipes.

G.

Reserved.

H.

Annexed Land. All land hereafter annexed shall be classified as R-1, R-1A, R-1B, or R-1C, as designated by the annexation ordinance. The property owner, Planning Commission or Governing Body may file an application initiating a request for a change in zoning classification to any other district and/or for a special use. Such changes may be considered during the process of annexation. While the Planning Commission may hold the required public hearing on a rezoning change or special use application prior to annexation, the effectuating ordinance for the zone change or special use cannot be published until the land is first annexed into the City. While a zone change or special use ordinance and annexation ordinance may be published on the same day, the annexation ordinance must be published first if they are published on separate days.

I.

Sewer and Water Facilities. All principal structures built hereafter shall be served by and connected to the public sewer and water system of the City or a private utility company with comparable service, if such facilities can be feasibly provided as may be determined by the Governing Body.

J.

Dedication of Rights-of-Way and Easements. As a condition related to a zoning amendment or a special use, the dedication of additional street rights-of-way; easements for utilities, drainage, access control, fire lanes, building setback lines and other purposes; and the construction, removal or replacement of public improvements necessary to the proper development of the property, may be required either by platting or replatting or in some cases by means of a separate legal instrument effectuating such dedications and improvements. Such condition may be required whether the property is being divided or held in single ownership. A stated time limit not exceeding 18 months shall be established to ensure compliance with the above conditions during which time the effectuation of the zoning amendment or special use having been approved with such conditions shall be withheld from publication by the Clerk. Failure to comply with the conditions during the stated period of time shall result in making the zoning amendment or special use null and void. No extension of the time period may be granted without reapplication.

K.

Floodplain Requirements. On land designated as FP "Floodplain District," no use of land shall commence and no structure shall hereafter be constructed, installed, placed, structurally altered, extended, enlarged or moved, under these regulations, unless a floodplain permit is obtained in accordance with Chapter 17.08 "Floodplain Management" of the Derby Municipal Code.

L.

Moving Structures. No structure shall be moved into the City, nor from one location to another location within the City, unless such structure shall, when relocated, be made to conform fully with these regulations. No zoning permit shall be issued, unless in the opinion of the Zoning Administrator the height, age, architectural style, materials, and outward appearance of such structure reasonably conform to other buildings in the block to which it is to be moved and in the block opposite, to such an extent that its relocation shall have a detrimental effect on the appearance or property values of adjacent properties.

M.

Status of Moving Manufactured/Mobile Homes. Notwithstanding other provisions of these regulations, the Zoning Administrator is authorized to issue a zoning permit for a manufactured/mobile home under the following provisions; except, that all such homes proposed to be located within a designated floodplain must also obtain a floodplain permit in accordance with the provisions of Chapter 17.08 "Floodplain Management" of the Derby Municipal Code:

1.

Wherever a manufactured/mobile home is moved from a zoning lot within a district in which it is a permitted use, another manufactured/mobile home meeting the requirements of the district may be moved onto the lot at any time.

2.

In the case of a lawful, nonconforming manufactured/mobile home use, such a move must take place within six months from the date that the previous manufactured/mobile home was moved off the lot, otherwise such use shall not thereafter be reestablished. If within six (6) months, said use is reestablished, the manufactured/mobile homes shall comply with all applicable building codes within 60 days. In reestablishing such a home use, any existing nonconforming lot size requirements or bulk regulations shall not be increased in nonconformity.

3.

No manufactured/mobile home, or portion thereof, shall be moved onto any lot or parcel for storage purposes in any district and no such home shall be temporarily located in any district not otherwise permitting such homes. These provisions do not preclude the use of prefabricated mobile structures for offices in business or industrial districts, but do not permit the use of manufactured/mobile homes unless specifically permitted.

N.

Vision Triangles. On all corner lots in all districts, no use shall commence and/or no structure shall hereafter be constructed, structurally altered, extended, enlarged or moved after the effective date of these regulations, unless it also conforms to the requirements of these regulations. Within the vision triangle nothing shall be erected or placed, including but not limited to automobiles, trucks and large vehicles or trailers or planted or allowed to grow in such a manner as to materially impede the vision of a motorist and, therefore, the safety of the motorist and pedestrians. Within the vision triangle nothing shall be placed or planted or grown which has a height of between 33 inches and eight feet above the grades of the bottom of the curb of the intersecting streets, which will obstruct the view of motorists. The vision triangle area on a lot has two sides measured from the point of the lot line intersection, at the intersection of two streets, and a third side across the lot which connects the ends of the two sides that are measured from the lot corner at the street intersection. For lots that have rounded corners at the intersection of streets, the lot lines shall be extended in a straight line to the point where the lot lines would then intersect. In all residential districts, the two lot lines establishing the vision triangle shall be a minimum distance of 30 feet. In all other zoning districts, the distance shall be 20 feet, except that in the B-4 District the distance shall be 10 feet. At street intersections, which are provided automatic traffic signalization, the City Engineer may modify or waive the vision triangle restriction.

(Ord. No. 2529, § 1.26, 1.27, 5-23-23; Ord. No. 2555, § 1.46, 5-14-24)

Unless an exception is provided by this section, or a modification is made by the Planning Commission pursuant to subsections 304.I.1.g. or 304.P. of these regulations, all multiple-family and non-residential uses established shall provide screening, landscaping and limitations on exterior lighting which meet the standards of this section.

A.

Statement of Intent. The provisions of this section are intended to aid in the following:

1.

To foster through the use of landscaping materials and techniques aesthetically pleasing developments which protect and preserve the appearance, character, health, safety and welfare of the Community;

2.

To increase the compatibility of adjacent land uses by requiring landscaped buffer areas and/or screening between specified uses which minimize the harmful impacts of noise, dust, debris, motor vehicle headlight glare or other artificial light intrusions, and other objectionable activities or impacts created by an adjoining or nearby land use;

3.

To provide greenery to visually soften the appearance of vehicular parking and use areas and to require screening of such areas from street rights-of-way;

4.

To optimize environmental conditions within the community by providing shade, air purification, oxygen regeneration, groundwater recharge, retardation of stormwater and soil erosion, abatement of noise, glare and heat;

5.

To set forth minimum standards that specify the amounts and types of landscape materials to be planted within required landscape buffer areas;

6.

To establish a listing of preferred trees, shrubs and groundcovers to be used to meet landscaping requirements;

7.

To provide for screening and/or landscaping between certain types of land uses in order to enhance land use compatibility,

8.

To set forth types of materials that may be used for fences and walls that may be installed to satisfy screening requirements;

9.

To screen certain unsightly equipment and materials from view of persons on public streets or adjoining properties and to avoid light intrusion.

The above-outlined intent of this section is based on a finding by the Governing Body that, if properly established and maintained, landscaping, screening and standards for exterior lighting will improve the livability of neighborhoods, enhance the appearance of non-residential areas, increase property values, improve relationships between uncomplimentary uses, block undesirable views, soften and enhance the appearance of vehicular parking and use areas, and contribute to a positive overall image of the community.

In order to achieve the above-identified benefits, requirements for a LANDSCAPED STREET YARD are established in subsections 304.G. and 304.H., requirements for SCREENING AND EXTERIOR LIGHTING are set forth by subsection 304.I., requirements for LANDSCAPING BUFFERS ALONG SIDE AND REAR LOT LINES are established by subsection 304.J. and requirements for the SCREENING AND LANDSCAPING OF VEHICULAR PARKING LOTS are set forth by subsection 304.K.

B.

General Requirements. All unpaved land areas and land areas not covered by buildings or structures shall be brought to finish grade and planted with sod, native grasses or other appropriate ground covers. In addition to the minimum number of trees required to be planted by this Section, an appropriate number and variety of shrubs, groundcovers and/or sodded areas shall be included within each project, which shall be determined by the design criteria for the project relating to visual safety, species and landscape function.

C.

Definitions. For purposes of this section, the following terms are defined:

AUTOMATIC IRRIGATION SYSTEM - An underground system of piping which includes a timer that automatically activates the irrigation system. In order to promote xeriscape, the automatic irrigation system shall include moisture sensing devices or automatic rain shut-off devices which forestall scheduled watering cycles when adequate moisture is present to sustain healthy plant life.

AVERAGE LOT DEPTH - The horizontal distance between the front and rear lot lines measured along the median between the side lot lines.

DECIDUOUS - Trees and shrubs that annually shed their leaves.

EVERGREEN - Trees and shrubs that do not annually shed their leaves. An evergreen tree shall be considered a shade tree provided it is at least 5 feet tall when planted and will obtain a mature height of 20 feet or greater.

GROUND COVER - Living landscape materials or low-growing plants, other than turf grasses, installed in such a manner so as to provide a continuous cover of the ground surface, and which upon maturity normally reach the average maximum height of not greater than 24 inches.

MULCH - Non-living organic, inorganic or synthetic materials customarily used in landscape design and maintenance to retard soil erosion, retain moisture, insulate soil against temperature extremes, suppress weeds, deter soil compaction and provide visual interest.

PHOTOMETRIC LIGHT PATTERN - The outline or spread of light, on the ground surface of a zoning lot, which results from exterior lighting.

ORNAMENTAL TREE - A deciduous tree possessing qualities such as flowers or fruit, attractive foliage, bark or shape, with a mature height generally under 40 feet. An ornamental tree shall mean one of the trees listed as a small or medium deciduous tree in Appendix A of these regulations

PERMANENT WATER SUPPLY - One or more of the following: 1) an exterior faucet on a building within 100 feet of the farthest planting, 2) a quick-coupling system - in-ground water line with hose connections or 3) an automatic irrigation system.

SHADE TREE - Usually a deciduous tree, planted primarily for its high crown of foliage or overhead canopy. A shade tree shall mean one of the trees listed as a large or very large deciduous tree or an evergreen tree in Appendix A of these regulations.

SHRUB - A deciduous or evergreen woody plant smaller than a tree and larger than ground cover, consisting of multiple stems or small branches near the ground, which attains a height of 24 inches or more.

SITE SPECIFIC - For purposes of this section, "site specific" shall mean that the plant material chosen to be used on a site is particularly well suited to withstand the physical growing conditions which are normal for the selected site.

STREET WALL - For purposes of this section, "street wall" shall mean any building wall facing a street.

STREET YARD - The area of a lot which lies between the property line abutting a street and the street wall of a building.

XERISCAPE - Water conservation through creative landscaping which applies the following seven principles:

1.

Plan and design carefully.

2.

Improve the soil water holding capacity through use of soil amendments.

3.

Use efficient irrigation methods and equipment.

4.

Select site-specific, hardy plant materials and then group all plants according to their sun and moisture needs.

5.

Use turf grass appropriately in locations where it provides functional benefits.

6.

Mulch.

7.

Provide appropriate and timely maintenance.

D.

Residential Zoning Districts that Abut Arterial Streets. Where residential zoning districts abut arterial streets, screening and/or landscaping shall be provided in accordance with Section 700 of the Subdivision Regulations. If walls or fences are used to achieve required screening along arterial streets they shall not be constructed of wood, woven or welded wire or metal panels. Walls or fences shall avoid a blank and monotonous appearance by using such measures as architectural articulation and placement of vines, shrubs and/or trees to soften the appearance of the wall or fence.

E.

Landscaping Plan Required. Plans depicting compliance with the provisions of subsections 304.G. and 304.H. [Landscaped Street Yard], 304.I. [Screening and Lighting], 304.J. [Landscape Buffers] and 304.K. [Parking Lot Screening and Landscaping] of these regulations shall be prepared and approved as follows:

1.

When Site Plan Review is required by Section 305 of these regulations, such plans shall be submitted to the Planning Commission for review and approval; or

2.

When Site Plan Review by the Planning Commission is not required by Section 305, such plans shall be submitted with the Building Permit Application. Such plans shall be reviewed by the Zoning Administrator. If the specifics of the plans fulfill the requirements of subsections 304.G. and 304.H., 304.I., 304.J. and 304.K., then the Zoning Administrator shall approve such plans.

Screening, landscaping or lighting plans submitted for review and approval shall include the following minimum information:

1.

North arrow, scale and public streets adjacent to the property;

2.

Final grading information and the location of public easements on or adjacent to the property;

3.

The location and contours, at one-foot intervals, of all proposed berms;

4.

The location and dimensions of all existing and proposed structures, parking lots, driveways, sidewalks, refuse disposal areas, fences, walls, signs, above the ground or underground utilities and storm water drainage systems, freestanding electrical equipment, recreational facilities, and other freestanding structural features as determined necessary by the Zoning Administrator or their designated agent;

5.

The location, size, mature spread, type and quantity of all proposed landscaping materials, along with common and botanical names of all plant species. The size, grading and condition shall be specified according to American Association of Nurserymen standards;

6.

The location, size and common and botanical names of all existing plant materials to be retained on the site;

7.

Mature sizes of plant materials, drawn to scale;

8.

Location of hose connections, spigots and other watering sources;

9.

All screening planned to be provided to meet the requirements of subsections 304.I and 304.K of these regulations;

10.

The location and dimensions of areas where the use of non-living materials, such as bark, wood chips, rock, bricks, stone or similar materials, are proposed along with specifications for weed barriers for non-living landscaped areas;

11.

EXTERIOR LIGHTING PLANS shall depict the location, intensity and the photometric light pattern of all existing and proposed exterior lighting. The exterior lighting plan shall include the following note: "All exterior lighting shall be directed or shaded to prevent the intrusion of light or glare onto adjacent properties and street rights-of-way."

F.

Preferred Plant Materials.

1.

Preferred Plant Materials. The species of trees, shrubs and groundcovers listed in Appendix A of these regulations are preferred for use to meet the landscaping requirements of these regulations. Trees, shrubs and groundcovers not listed in the Appendix, but which are substantially equivalent may be used if first approved by the Zoning Administrator or Planning Commission.

2.

Prohibited Plant Materials. The species of trees, shrubs, and groundcovers listed as prohibited in Appendix A to these regulations shall not be used to satisfy the landscaping requirements of these regulations.

G.

Minimum Size of Landscaped Street Yard, Use Restrictions, Permanent Water Supply and Effect of Easements.

1.

SIZE OF LANDSCAPED STREET YARD. Except for the "B-4" CENTRAL SHOPPING DISTRICT, all properties developed for multiple-family, institutional, office, business or industrial purposes shall provide a landscaped street yard which meets the following width standards:

a.

A landscaped street yard shall be located between the lot's public and/or private street right-of-way line(s) and any building according to the following:

2.

USE OF THE REQUIRED LANDSCAPED STREET YARD shall be restricted as follows:

a.

Business signs, including permanent directional signs, that meet the requirements of Article 7 of these regulations may be permitted within a landscaped street yard provided the location(s) are first approved by the Planning Commission during Site Plan Review or by the Zoning Administrator as part of the sign permitting process;

b.

Driveways at approved locations may cross the landscaped street yard and may be included in the minimum square footage calculation for the landscaped street yard. The landscaped street yard shall however not be used for vehicle parking, loading, outdoor storage, displays, work areas, or similar uses;

3.

PERMANENT WATER SUPPLY. A permanent water supply shall be provided in order to provide for the perpetual maintenance of landscape materials within the landscaped street yard.

4.

EFFECT OF EXISTING EASEMENTS. If a portion of the required landscaped street yard is occupied by public or private utilities, care shall be exercised during the planting of landscaped materials so as to not damage, obstruct or interfere with existing or planned utility lines. If utilities located within the landscaped street yard do not permit the planting of the minimum number of trees set forth by subsection 304.H of these regulations, required trees may be placed outside of the landscaped street yard required by this section.

H.

Minimum Number and Minimum Size of Trees within Landscaped Street Yard and Option for use of Shrubs.

1.

Except for the "B-4" CENTRAL SHOPPING DISTRICT, all properties developed for multiple-family, institutional, office, business or industrial purposes shall provide AT LEAST ONE SHADE TREE OR TWO ORNAMENTAL TREES FOR EVERY 500 SQUARE FEET OR FRACTION THEREOF of the required minimum landscaped street yard.

2.

MINIMUM SIZE OF REQUIRED TREES: At the time of planting, the minimum size of required trees shall be as follows: SHADE TREES — 2-inch or greater caliper measured at a height of six inches above the ground; ORNAMENTAL TREES — 1 1/2-inch or greater caliper measured at a height of six inches above the ground; EVERGREEN TREES — 5 feet or more in height.

3.

SHRUBBERY may be substituted for up to ONE-THIRD of the required shade trees at a rate of 10 SHRUBS PER ONE SHADE TREE. Substitute shrubbery shall be of a site-specific type that attains a mature height of at least two feet and shall be no less than two gallon container size at the time of planting.

4.

LANDSCAPING PLAN. Landscaping installed to satisfy the requirements of this subsection shall be per a plan approved in accordance with subsection 304.E. of these regulations.

I.

Screening and Lighting. The screening and lighting standards of this subsection are intended to protect single and two-family residential developments from potential impacts associated with multiple-family residential and non-residential development. In addition, the standards of this subsection are intended to protect multiple-family residential developments from potential impacts associated with adjacent non-residential development. Screening shall be provided on all properties developed for multiple-family residential purposes, offices or institutional, business or industrial uses when such uses are established on property adjacent to either single or two-family residential zoning districts and on all non-residential developments when such uses are established on property adjacent to multiple-family residential zoning districts or as specified below.

1.

Screening Standards. Screening may be provided through the use of walls, fencing, evergreen vegetation or landscaped earth berms, or a combination thereof. Walls and fences constructed to meet the screening requirements of this subsection shall be a minimum of six feet in height, except that within 20 feet of a street right-of-way line the height of the wall or fence shall be reduced to three feet. Screening shall be provided in accordance with the following standards:

a.

SCREENING ALONG SIDE OR REAR LOT LINES. Screening shall be provided along all side or rear lot lines of non-residential uses when adjacent to any residential zoning district and along all side or rear lot lines of multiple-family uses when adjacent to any single or two-family zoning district. Screening may be omitted, for property zoned as either "I-1" or "B-1" zoning district, along any side or rear lot line or portion thereof, only when the development of permitted uses within such zoning districts provides at least a 25-foot wide landscaped yard adjacent to such lot line or portion thereof. Such landscaped yards shall not be used for driveways, vehicular parking, loading areas, recreational areas, signs or similar uses, but shall be counted as the buffer area required by subsection 304.J.2 of these regulations. If a minimum 25-foot wide landscaped yard is proposed, the installation of plant materials shall be per a landscape plan approved in accordance with subsection 304.E of this Ordinance.

b.

SCREENING OF MECHANICAL EQUIPMENT, LOADING DOCKS AND TRASH RECEPTACLES, AND OUTDOOR STORAGE AREAS. Screening shall be provided to reasonably hide from ground level view from adjoining streets and lots all ground level heating, air conditioning and other mechanical equipment, loading docks, trash receptacles or similar uses. Roof-mounted heating, air conditioning and mechanical equipment on buildings shall be screened by a parapet wall of sufficient height to conceal it from view on all sides of the building from adjoining streets and lots or an alternative screening method approved by the Planning Commission during Site Plan Review. If a parapet wall is used, it must be constructed of material which is compatible with the building architecture. Outdoor storage areas, where permitted by the zoning regulations, shall be screened to reasonably hide from ground level view from adjoining streets and lots all outdoor storage. Screening installed to meet the requirements of this subsection shall be per a plan approved in accordance with subsection 304.E of these regulations.

c.

SCREENING IN THE B-2A "BUCKNER BUSINESS DISTRICT." Screening in the B-2A zoning district shall be provided along the side and rear lot lines and must be accomplished with the placement of a fence six feet in height in compliance with subsection 304.E.1.e of these regulations.

d.

MATERIALS USED FOR SCREENING WALLS AND FENCES. Walls or fences erected to satisfy the screening requirements of this subsection shall be constructed of brick, stone, masonry, architectural tile, concrete or wood or a combination of those materials, but may not include the use of woven wire, welded wire or metal panels. Walls or fences erected to satisfy the screening requirements of this subsection shall be per a plan approved in accordance with subsection 304.E. of these regulations.

e.

EVERGREEN VEGETATION AND LANDSCAPED EARTH BERMS USED FOR SCREENING. Evergreen vegetation and landscaped earth berms installed to satisfy the screening requirements of this subsection shall be per a plan approved in accordance with subsection 304.E. of these regulations.

f.

DEFERRAL OF SCREENING REQUIREMENTS. If screening exists adjacent to developing property which meets or exceeds the standards of this subsection the Planning Commission, at the time of Site Plan Review, or the Zoning Administrator, at the time of building plan review for projects not requiring Planning Commission Site Plan Review, may determine that additional screening is not necessary. However, if at any time the existing screening on adjacent property fails to meet the requirements of this subsection, as determined by the Planning Commission or Zoning Administrator, screening shall be installed as per the requirements of this subsection.

2.

Requirements for Screening and Landscaping of Vehicular Parking Lots. In addition to the requirements of this subsection, vehicular parking lots shall be provided screening and/or landscaping pursuant to the requirements of subsection 304.K. of these regulations.

3.

Requirements for Screening Established by District Regulations. In addition to the requirements of this subsection, the screening and/or landscaping requirements, if any, required as part of the USE LIMITATIONS subsection of the specific district regulations shall be met. Screening or landscaping installed to meet the USE LIMITATIONS of a specific zoning district shall be per a plan approved in accordance with subsection 304.E. of these regulations.

4.

Lighting Standards. Outdoor lighting sources shall be arranged, located, screened or shielded to direct light away from adjoining properties or any street right-of-way. The installation of exterior lighting shall be per a plan approved in accordance with subsection 304.E. of these regulations.

J.

Required Landscaped Buffers. Except for the "B-4" CENTRAL SHOPPING DISTRICT, and the "B-2A" BUCKER BUSINESS DISTRICT, the landscape buffer area standards of this subsection are intended to provide visual enhancement between single/two family residential developments and multiple-family residential projects by requiring a minimum number of trees to be planted along the side and rear lot lines common to those uses. In addition, except for the "B-4" CENTRAL SHOPPING DISTRICT, and the 'B-2A" BUCKNER BUSINESS DISTRICT, the provisions of this subsection are intended to provide visual enhancement along the side or rear lot lines common to any residential zoning district and any non-residential development. Landscaping installed to satisfy the requirements of this subsection shall be per a plan approved in accordance with subsection 304.E. of these regulations. Landscaped buffers along side and rear lot lines shall be provided in accordance with the following standards:

1.

Landscape Buffers Between Multiple-Family Residential Projects and Single/Two-Family Residential Zoning Districts.

a.

DEPTH OF LANDSCAPED BUFFER. The required buffer shall be a minimum of 15 feet in width and shall be continuous in nature.

b.

MINIMUM AMOUNT OF LANDSCAPE MATERIALS TO BE INSTALLED WITHIN LANDSCAPE BUFFER. There shall be a minimum of five shrubs and one shade tree or two ornamental trees for each 50 feet of the length of the continuous buffer. A minimum of one-third of the trees and shrubs shall be evergreen. The minimum size of required trees, at the time of planting, shall be as follows: SHADE TREES — 2-inch or greater caliper measured at a height of six inches above the ground; ORNAMENTAL TREES — 1 1/2-inch or greater caliper measured at a height of six inches above the ground; EVERGREEN TREES — 5 feet or more in height. The minimum size of SHRUBS shall be two-gallon containers.

c.

EFFECT ON SCREENING REQUIREMENTS AND USE OF LANDSCAPE BUFFER AREA. Landscaping installed to meet the requirements of this subsection is in addition to any screening/landscaping required by subsection 304.H. Required screening may be located within the continuous landscape buffer area. Vehicular parking, loading areas and trash receptacles shall not be located within the buffer area.

2.

Landscape Buffers Between Non-Residential Projects and any Residential Zoning District.

a.

DESIGN STANDARDS. There shall be a minimum of one shade tree or two ornamental trees for each 40 feet, or faction thereof, along the lot line abutting any residential district. The trees may be irregularly spaced but shall be within 15 feet of the property line common to the residential district. If utility and/or drainage easements occupy the 15-foot wide perimeter area, the trees may be located outside any such easements. Each tree shall be in a planting area having a minimum permeable ground surface of at least 49 square feet. The minimum size of required trees, at the time of planting, shall be as follows: SHADE TREES — 2-inch or greater caliper measured at a height of six inches above the ground; ORNAMENTAL TREES — 1 1/2-inch or greater caliper measured at a height of six inches above the ground; EVERGREEN TREES — 5 feet or more in height.

b.

EFFECT ON SCREENING REQUIREMENTS AND USE OF AREA FOR VEHICULAR PARKING. Landscaping installed to meet the requirements of this subsection is in addition to the screening required by subsection 304.I. Required screening and vehicular parking may be located within 15 feet of a property line that abuts a residential zoning district provided such uses do not interfere with trees required by these regulations. If vehicular parking is to be provided within 15 feet of a property line that abuts a residential zoning district, required trees shall be protected from vehicular encroachment through the use of appropriately located vertical curbs or wheel stops.

K.

Parking Lot Screening and Landscaping. Except for vehicular parking areas which serve single and two-family residential uses, all vehicular parking areas shall be provided continuous street frontage planting strips for the installation of screening features that are in accordance with the standards set forth below. In addition, vehicular parking areas with 50 or more parking spaces shall provide internal planting islands for the installation of trees that meet the standards of this subsection. Screening and landscaping installed to satisfy the requirements of this subsection shall be per a plan approved in accordance with subsection 304.E. of these regulations.

1.

Screening from Adjacent Street Rights-of-Way.

a.

MINIMUM WIDTH OF PLANTING STRIP. When located along any street right-of-way, vehicular parking lots shall be provided a minimum 5-foot wide continuous planting area for the purpose of providing space for screening the parking area from the adjacent street right-of-way. Such planting strip shall not be located within street right-of-way, except as may be permitted by subsection 304.L.10., but may be a part of the landscaped street yard required by subsection 304.G. If earthen berms are to be installed to achieve screening of the parking lot from adjacent street right-of-way, a strip of land with at least 20 feet of depth shall be provided for the berm and associated landscaping.

b.

LOCATION AND PROTECTION OF PLANTING STRIP. The minimum 5-foot wide continuous planting area shall be located adjacent to the edge of parking lot pavement and shall be protected from damage by vehicles or from vehicular encroachment by appropriately located vertical curbs or wheel stops.

c.

USE OF WALLS OR FENCES TO ACHIEVE REQUIRED SCREENING. If walls and fences are installed to achieve screening of a parking lot from adjacent street right-of-way, the wall or fence shall be three feet in height, must avoid a blank and monotonous appearance by using such measures as architectural articulation and placement of vines, shrubs and/or trees and must be compatible (i.e., similar in color, texture and pattern) with the architectural character of the building(s) being served by the parking lot. Walls or fences installed to achieve parking lot screening from adjacent street right-of-way shall be constructed of brick, stone, masonry, architectural tile or concrete or a combination of those materials, but may not include the use of wood, woven wire, welded wire or metal panels. Such walls or fences shall be located adjacent to the parking lot and may be located within the 5-foot wide continuous planting area, but shall not eliminate the requirement to install landscape materials within remaining portions of the planting area. Required landscape materials shall be located on the street right-of-way side of the wall or fence.

d.

USE OF SHRUBS TO ACHIEVE REQUIRED SCREENING. If shrubs are installed to achieve screening of a parking lot from adjacent street right-of-way, a sufficient number and type of shrubs shall be installed to achieve solid continuous screening of the parking lot's street frontage. The minimum size of shrubs at the time of installation shall be 18 inches in height. Shrubs used for parking lot screening shall be expected to obtain a height of at least 36 inches within the third year after planting. Spacing between shrubs will depend upon the type of shrub, but shall be close enough to achieve a solid screen when the plants reach maturity. The minimum size of other landscaping materials installed in the 5-foot wide continuous planting area, at the time of planting, shall be as follows: SHADE TREES — 2-inch or greater caliper measured at a height of six inches above the ground; ORNAMENTAL TREES — 1 1/2-inch or greater caliper measured at a height of six inches above the ground; EVERGREEN TREES — 5 feet or more in height.

e.

TREES WITHIN PLANTING STRIP. Trees installed within the parking lot planting strip may be counted toward meeting the number of trees required to be installed by subsection 304.H of these regulations. Shrubs used to achieve screening of the vehicular parking lot shall not be counted as a substitute for required trees.

2.

Landscaping Requirements for the Interior of Vehicular Parking Areas.

a.

APPLICABILITY. In order to enhance the appearance of vehicle parking lots and provide relief from the effect of large expanses of paved areas, all new parking lots which provide 50 or more parking spaces and all additions to existing parking lots which create an additional 25 or more parking spaces shall provide interior planting islands for installation of trees in accordance with this subsection.

b.

MINIMUM NUMBER OF TREES TO BE PLANTED IN INTERIOR ISLANDS. Shade or ornamental trees shall be planted and maintained in planting islands that are in the interior of a vehicular parking lot in the following proportion: at least one shade or two ornamental trees, in addition to the trees required for the landscaped street yard, for each 25 vehicular parking spaces. Vehicular stacking or holding spaces shall not be counted when determining the number of parking spaces in the parking lot. Trees required by this subsection are in addition to trees required for the landscaped street yard [subsection 304.H.] and buffer areas [subsection 304.J.].

c.

MINIMUM SIZE OF INTERIOR PLANTING ISLANDS. Interior planting islands to accommodate the trees required by this section shall have a minimum of at least 49 square feet of permeable ground surface per tree. The trees within interior planting islands shall be protected from possible damage caused from vehicles through the use of raised vertical curbs, wheel stops or other protective means.

d.

MINIMUM SIZE OF TREES TO BE PLANTED IN INTERIOR PLANTING ISLANDS. The minimum size of trees required to planted in interior planting islands, at the time of planting, shall be a 2-inch caliper for a shade tree and a 1 1/2-inch caliper for an ornamental tree, both measured at a height of 6 inches above the ground. Trees proposed for planting within interior planting islands shall be site specific in character.

e.

LOCATION OF INTERIOR PLANTING ISLANDS. The planting islands required by this subsection shall be reasonably dispersed throughout the vehicular parking lot, but shall not be at locations that unduly obstruct visibility or interfere with on-site vehicular circulation.

L.

Other Landscape or Screening Regulations.

1.

Landscaping and screening shall not conflict with the vision triangle requirements of these regulations.

2.

The use of artificial trees, shrubs, vines, turf, or other plants to meet the requirements of this section is prohibited.

3.

Required landscaped street yards [304.G and 304.H], landscaped buffer areas [304.J] and parking lot planting strips [304.K] shall provide a minimum of 55 percent ground surface covering with living grass or other living plant materials. The foliage crown of trees that may extend over monolithic paved surfaces beyond required landscaped yards/areas or required planting strips or over non-living surfaces within required landscaped yards/areas or planting strips shall not be counted as a part of the 55 percent calculation. The remaining 45 percent of required street yards, landscaped buffer areas and parking lot planting strips may be covered with bark, wood chips, rock, bricks, stone or similar materials (monolithic paving not included). An effective weed barrier shall be required in non-living landscaped areas. If screening walls or fences are located within required landscaped yards/areas or required parking lot planting strips, the amount of ground surface area covered by such walls or fences shall not be included as part of the figure used to compute the percentages of living/non-living coverage.

4.

Clumped or multi-trunked trees, where used instead of single-trunk trees, shall be credited as only one tree.

5.

Landscaping shall not interfere with the general function, safety or accessibility of any public utility easement. Landscaping shall be limited to an 8-inch mature height when within three feet of a fire-hydrant, traffic signal or utility structure.

6.

The existing indigenous vegetation on a site is encouraged to be retained in a development project and may be counted toward required landscaping of this section, provided the existing vegetation is adequately protected during construction to ensure survival, meets the minimum size requirements of this section, is healthy and insect free and is included in the list of preferred plant materials, Appendix A of these regulations.

7.

All existing vegetation located in the street right-of-way adjacent to a development project shall be retained to the greatest extent possible, and may be counted toward the required landscaping of this Section, provided the existing vegetation complies with the requirements of subsection 304.L.6.

8.

Where a calculation of a requirement results in a fractional number, the requirement shall be considered the next greatest whole number.

9.

Prior to excavation for screening and landscaping within utility easements, the location of all underground utilities shall be determined by calling the Kansas One-Call System at 811.

10.

Except for the "B-4" CENTRAL SHOPPING DISTRICT, and the "B-2A" BUCKNER BUSINESS DISTRICT, the placement of required landscaping within street right-of-way is prohibited. For the "B-4" Central Shopping District, and the "B-2A" BUCKNER BUSINESS DISTRICT, required trees or shrubs may be permitted to be placed in street or highway right-of-way if first approved in writing by the Director of Public Works or designated agent and, if applicable, by the Kansas Department of Transportation.

11.

Walls and fences installed to meet the screening requirements of this section shall be constructed within the perimeter of the subject zoning lot and shall not be constructed within adjacent street rights-of-way.

12.

Plants installed to meet the requirements of these regulations shall be high-quality nursery-grown stock which meets the American Association of Nurserymen standards as specified by the American National Standards Institution in ANSI Z60.1-1986 or as may be amended in the future. Landscape plans shall avoid the over use of a single plant species.

13.

In anticipation of future screening, landscaping and lighting requirements, these issues are proper subjects to be discussed and, if deemed necessary by the Planning Commission, applied at the public hearing required for a requested zone change.

M.

Maintenance.

1.

The property owner is responsible for the maintenance of all landscaping materials and shall keep them in a proper, neat and orderly appearance, free from refuse and debris at all times.

2.

Maintenance shall include mowing, trimming, weeding, cultivation, mulching, tightening and repairing of guys and stakes, resetting plants to proper grades and upright position, restoration of planting saucers, fertilizing, pruning, disease and insect control and other necessary operations.

3.

All landscaped areas shall be provided with a readily available permanent water supply; provided, however, that LANDSCAPED BUFFER AREAS, required by subsection 304.J., and LANDSCAPING WITHIN THE INTERIOR OF VEHICULAR PARKING AREAS, required by subsection 304.K.2., which utilize drought-tolerant plants may use a temporary above-ground system. Irrigation shall not be required for established trees and natural areas that remain undisturbed by development activities. Irrigation systems shall be designed and operated in a manner to avoid water on impervious surfaces and street rights-of-way. Long, narrow landscaped areas are difficult to irrigate efficiently, therefore landscaped areas less than five feet in any dimension shall not be irrigated with overhead spray sprinklers. Drip irrigation is acceptable for such areas.

4.

Disturbed soil between trees and shrubs shall be mulched, planted or otherwise treated to prevent wind and water erosion.

5.

Plants which die shall be replaced within 60 days or, if weather prohibits replanting within that time, replanted within the first 30 days of the next available planting season.

N.

Water Conservation Measures. When meeting the landscape requirements outlined in this section, property owners are encouraged to use water in the most efficient way possible. A number of principles for effective water usage are found in the Xeriscape approach to landscaping. The term Xeriscape is derived from a Greek word meaning "dry". The desired effect of a Xeriscape, however, is to provide an attractive and even lush-appearing landscape with a minimum amount of water usage. This is accomplished through the application of the seven principles of Xeriscape.
Regardless of the extent to which the principles of Xeriscape are applied, AUTOMATIC IRRIGATION SYSTEMS installed in association with the landscaping requirements of this Section, MUST BE EQUIPPED WITH MOISTURE SENSING DEVICES OR AUTOMATIC RAIN SHUT-OFF DEVICES that forestall scheduled watering cycles when moisture adequate to sustain healthy plant life is present.

O.

Enforcement/Assurances for Installation and Completion. All work as indicated on an approved landscaping plan shall be inspected and approved by the Zoning Administrator or their designated agent prior to the issuance of a Certificate of Occupancy for any project where landscaping is required.
Notwithstanding the foregoing, a property owner may obtain a Certificate of Occupancy for a building project prior to the completion of required landscaping work if the completion is not possible, due to seasonal or weather conditions, and if the property owner submits a fiscal assurance to the City which guarantees the completion of required landscaping. Such fiscal assurance shall be submitted to the Zoning Administrator and be in the form of an IRREVOCABLE LETTER OF CREDIT or CERTIFIED CHECK for a dollar amount equal to ONE HUNDRED TWENTY-FIVE PERCENT of the cost of the landscaping work and shall be accompanied by cost estimates from a landscaping firm. If an IRREVOCABLE LETTER OF CREDIT is chosen as the method of assuring completion of required landscaping, the STANDARD LETTER OF CREDIT form of the City shall be used. Forfeiture of any IRREVOCABLE LETTER OF CREDIT or CERTIFIED CHECK shall not relieve the owner of the responsibility to complete required landscaping and/or screening.

P.

Modifications. The Planning Commission may, at its discretion, temporarily or permanently decrease, increase or waive the landscaping requirements of this Section if the Commission finds that: 1) adjacent or nearby land uses and properties and the general public will not benefit from such requirements or 2) the Commission determines that the installation of required landscaping is impractical or 3) the Commission determines that the amounts of landscaping required by this section is insufficient to accomplish the intent of this section.
Modifications to the landscaping requirements of this section shall be accomplished by the Planning Commission at the time site plan review is completed pursuant to Section 305 of these regulations. For development projects not required to present site plan review drawings to the Planning Commission, an applicant may volunteer to file a site plan review request for Planning Commission review in order to propose, to the Commission, modifications to the landscaping requirements of this section. Such voluntary site plan review requests shall comply with all the requirements of Section 305, including the payment of a filing fee.

Q.

Adjustment of Approved Landscape Plans. Recognizing that the market availability of species of plants identified on approved landscape plans may not always be a constant and that exact plant locations may need to be altered based on factors identified at the time of actual site development, the Zoning Administrator is authorized to adjust approved landscape plans with regard to plant species and the general location of plants. Such adjustment shall maintain the integrity of the overall approved landscape plan and shall not be contrary to the design requirements set forth in these regulations.
Should the Zoning Administrator determine that proposed changes represent a substantial deviation from the approved plan, the Zoning Administrator shall not approve the revised plan. Rather, the applicant may choose to file a revised site plan review request for Planning Commission consideration. Any such request shall clearly delineate the landscaping changes being requested. A decision by an applicant to refile a site plan review request shall comply with all applicable requirements of Section 305, including the payment of a filing fee.

(Ord. No. 2529, § 1.31, 1.32, 5-23-23)

The purpose and intent of requiring site plan approval is to impose reasonable requirements to achieve the following: the compatible arrangement of buildings, off-street parking, pedestrian access, lighting, signage, landscaping, screening, outdoor display and storage, trash disposal, ingress and egress and drainage on and from the site, in a manner that will promote safety and convenience for the public and will preserve property values of surrounding properties.

A.

Applicability. All principal land uses shall submit site plans for approval by the Planning Commission except single-family residences and duplexes, unless the latter are arranged in courtyard or grouped settings. Such plans are applicable only to all new developments, unless major alterations to an existing site intensify factors which affect the overall design relationship. Minor revisions to such plans after initial plan approval may be approved by the Zoning Administrator based upon a written record of unforeseen circumstances.

B.

Enforcement. No zoning permit may be issued until the site plan is approved by the Planning Commission. A decision by the Zoning Administrator to deny issuance of a zoning permit or to issue a zoning permit with conditions based upon the approved site plan may be appealed to the Board of Zoning Appeals.

C.

Fees. Processing fees shall be in accordance with the City's fee resolution established by the Governing Body.

D.

Form and Timing of Submittal. Site plans should be submitted to the Zoning Administrator in a format containing detail and information required by the then current application form approved by the Zoning Administrator and shall be submitted for review in accordance with the then current closing date schedule adopted by the Planning Commission.

E.

Conditions of Approval.

1.

Proposed uses are permitted in the district in which the property is located.

2.

Proposed arrangement of buildings, off-street parking spaces, loading areas, access, walkways, lighting, signage, landscaping and screening, and drainage is compatible with adjacent land uses.

3.

Vehicular ingress and egress to and from the site and circulation within the site provides for safe, efficient and convenient movement of traffic not only within the site, but on adjacent streets as well.

4.

Site plan provides for the safe movement of pedestrians.

5.

There is a sufficient mixture of grass, shrubs and trees within the interior and perimeter (including public right-of-way) of the site so that the proposed development will be in harmony with adjacent land uses and will provide a pleasing appearance to the public. Any part of the site plan area not used for buildings, structures, parking, loading or access ways shall be landscaped in accordance with a Landscaping Plan approved in accordance with subsection 304.E of these regulations.

6.

All outdoor trash disposal and storage areas are screened, where necessary, and outdoor displays appropriately located, when permitted by these regulations.

F.

Assurances. Continued compliance with the requirements, terms and conditions of a site plan approved by the City shall be a condition precedent for the issuance and maintenance of all building, zoning and other permits and occupancy certificates for all structures located within the area covered by said site plan.