(a)

Intent. The intent of the landscaping requirements herein are to:

(1)

Aid in stabilizing the environment's ecological balance by contributing to the processes of air movement, air purification, oxygen regeneration, groundwater recharge, and storm water runoff control, while at the same time aiding in noise, glare, heat, and dust abatement;

(2)

Provide visual buffering between land uses of differing character;

(3)

Enhance the beautification and quality of live of the metropolitan area;

(4)

Protect the public health, safety, and general welfare;

(5)

Safeguard and enhance property values and to protect public and private investment;

(6)

Assist in providing adequate light, and air and in preventing overcrowding of land;

(7)

Encourage innovation and quality in landscape and architectural design; and

(8)

Enhance the pedestrian character of the city streetscape.

(b)

Definitions. The following words, terms, and phrases, when used in this section, shall mean:

Buffer planting area: Buffer planting area is defined as the unpaved area of land located between the property line and building or vehicular use area, designated for the preservation and placement of plant materials.

Caliper: Caliper means the diameter of a tree trunk measured six (6) inches above ground level. If a tree is of a multi trunk variety, the caliper of the tree is the average caliper of all its trunks.

Canopy tree: A species of a tree which normally bears crown foliage no lower than six (6) feet above ground level upon maturity.

Ground cover: Natural mulch or plants of species which normally reach a height of less than three (3) feet upon maturity, installed in such a manner so as to form a continuous cover over the ground.

Large tree: A tree of a species which normally reaches a height of thirty (30) feet or more upon maturity.

Nonpermeable coverage: Coverage with nonpermeable pavement or any surface lacking the ability for air and water to pass through to the root zone of plants.

Permeable coverage: Any surface with the ability for air and water to pass through to the root zone of plants.

Sight safety triangle: The triangle at either side of an access way or public right-of-way with sides of a specific length each along the public right-of-way and/or access way. Refer to section 15-48 of this chapter for specific lengths.

Small tree: A tree of a species which normally reaches a height of less than thirty (30) feet upon maturity.

Substantially remodeled: When the cost exceeds fifty (50) per cent of the value of the structure itself for that repair, restoration, or refurbishment necessary to bring a structure into compliance with applicable building and occupancy codes.

Temporary certificate of occupancy: This certificate allows for a structure to be used and occupied for a specified time period until a certificate of occupancy is officially approved.

Visibility at intersections: On a corner building site in any district in which a front yard is required, no fence, wall, hedge, or other structure or plant more than three (3) feet in height shall be erected, placed or maintained within the triangular area formed by the intersecting street right of ways (property lines) and a straight line connecting such street right of ways (property lines) at point twenty (20) feet from the point of intersection measured along such street right of ways (property lines).

(c)

Application of the requirements.

(1)

The provisions of this section shall apply to:

a.

Any newly established nonresidential and multi-family uses in both conforming and nonconforming structures;

b.

Any substantially remodeled nonresidential or multi-family uses; and

c.

Any newly created or added parking facilities for existing commercial and multi-family uses whether or not required by other standards.

(2)

Single-family and two-family dwellings are exempt from the requirements of this section

(3)

Lots otherwise undeveloped but used for the placement of an outdoor general advertising structure as defined in section 15-34 shall not be exempt from the landscaping requirements of this section.

(4)

In the B-3 downtown development district, where building setbacks are not required, the provisions of this section shall be limited to those structures already built in the district with open space, yards, or parking lots.

(d)

Landscape plan submission.

(1)

A landscape plan must be submitted, along with any required site plan, to the zoning administrator.

(2)

The landscape plan can either be a separate document or be included on the required site plan print. At a minimum, the landscape plan shall included:

a.

Locations and dimensions of the proposed landscaping strips adjacent to public rights-of-way including a description and location of the trees and plant materials to be placed within the landscaping strip;

b.

Locations and dimensions of the proposed landscaped areas within the parking area including a description and location of the trees and plant materials to be placed within the landscape areas;

c.

Locations and calipers of existing healthy trees to be retained and counted as part of the landscaping requirements;

d.

An indication of how existing, healthy trees, which are proposed to be retained, will be protected from damage during construction; and

e.

A representation of the methods used to comply with intersection visibility requirements.

(e)

Street frontage requirements.

(1)

For all land under the jurisdiction of this section, there shall be a minimum of a five-foot landscaping strip abutting the public rights-of-way running parallel with the street lines, exclusive of driveways and access ways at points of ingress and egress to and from the property. For parcels of between twenty (20) and fifty (50) acres, a ten-foot landscaping strip shall be required. For parcels in excess of fifty (50) acres, a fifteen-foot landscaping strip shall be required.

(2)

The width of a driveway or access way to an off-street parking area or other off-street vehicular use area shall be between twenty (20) and thirty (30) feet for two-way vehicular movement and between twelve (12) and twenty-four (24) feet for one-way vehicular movement.

(3)

For a street frontage of less than seventy-five (75) feet, two (2) one-way or one (1) two-way access ways will be permitted. For each additional seventy-five (75) feet of street frontage, two (2) additional one-way or one (1) additional two-way access ways may be permitted.

(4)

A line of sight safety triangle at either side of a driveway or vehicle access way intersecting with a public street shall be not less than ten (10) feet in length along the access way and public street right-of-way. The line of sight safety triangle at the junction of two (2) public streets shall be not less than twenty (20) feet along each public street right-of-way. This line of sight safety triangle must be essentially clear of obstructions above the height of three (3) feet over grade to allow for visibility.

(f)

Landscaping materials.

(1)

Landscaping shall consist of a combination of:

a.

Grasses, ground covers, and vines;

b.

Shrubs and hedges;

c.

Trees; and

d.

Nonliving, durable materials such as bricks, stones, rocks, landscape timbers, pavers, etc.

(2)

Eighty (80) per cent of all required landscaping shall consist of living materials; however, grasses and ground covers alone shall not constitute adequate landscaping.

(3)

There shall be at least one (1) large tree for every sixty (60) linear feet of required landscaping strip, or one (1) small tree for every thirty (30) linear feet of required landscaping strip.

a.

As part of the trees required, any existing tree with a twelve-inch or greater caliper that is retained within the required front yard as defined by zoning ordinances or landscape strip shall be counted as two (2) trees in satisfying the above requirement.

b.

The requirement of trees in this subsection shall be waived, on a tree-for-tree basis, if the adjacent public rights-of-way, excluding medians, contain existing street trees.

(4)

Landscaping in the adjacent right-of-way shall be permitted subject to approval by the director of public works. Credit for up to fifty (50) per cent of the minimum landscaped area requirements shall be allotted for approved landscaping in the public rights-of-way.

(g)

Landscaping in off-street parking facilities.

(1)

In addition to the street frontage landscaping requirement, a minimum of twenty (20) square feet of landscape area shall be provided for each required off-street parking space. Such landscaping shall be located within the paved portion of the parking lot and/or within twenty (20) feet immediately adjacent to the paved portion of the parking lot.

(2)

One (1) large or two (2) small trees shall be required in the off-street parking area for each twelve (12) required parking spaces.

(3)

Landscaped areas in vehicle parking areas shall be, to the extent possible, evenly distributed to effectively relieve the monotony of large paved areas, while not interfere with the orderly circulation of vehicular and pedestrian traffic. Locations of landscaped areas can be adjusted to accommodate existing trees or other natural features as long as the total off-street parking area landscaping requirement are met.

(4)

All landscaped areas, except grass areas, shall be protected from vehicular encroachment by concrete curbs, wheel stops, or other permanent barriers, and should be raised.

(5)

As part of the tree requirements, any existing tree with a twelve (12) inch or greater caliper that is retained within the parking facility shall be counted as two (2) trees in satisfying the requirements of this subsection; however:

a.

If such existing tree or trees later die or are removed, two (2) trees shall be required to be planted; and

b.

Permeable coverage shall be maintained to the extent of the crown of the existing tree at the original elevation.

(6)

A reduction of two (2) feet, measured from the concrete curb or other permanent barrier, shall be allowed in the computation of the depth of parking spaces contiguous to the perimeter landscaping strips and/or interior planting areas. In such event, this reduction shall not be considered as a reduction of the landscaped area.

(7)

Storage areas containing three (3) or more refuse, garbage, or rubbish containers or containing one (1) or more dumpsters shall be screened on all sides with a six (6) feet high seventy (70) per cent sight obscuring screen of living or one hundred (100) per cent sight obscuring screen of nonliving material.

(h)

Acceptable landscaping materials.

(1)

Large trees shall have a minimum caliper of two (2) inches or a minimum height of ten feet at the time of planting, depending on the standard measuring techniques for the species.

(2)

Small trees shall have a minimum height of six (6) feet at the time of planting.

(3)

For purposes of this section, a tree's height is measured from the top of its root ball or transport container.

(i)

Methodology.

(1)

In satisfying the landscaping requirements of this section, the use of high quality, hardy, and drought tolerant plant material is recommended and encouraged.

(a)

Parking bays containing not more than one hundred (100) parking spaces shall be established.

(b)

Such blocks shall be defined by landscaped strips. Each such landscaped strip shall be raised and protected by curbs and shall contain:

a.

Landscaping materials as specified in section 15-121 of this chapter, and

b.

A four-foot wide pedestrian walk extending the full length of the strip.

c.

Vehicular access aisles within the block shall be connected to one (1) or more roadways at least twenty-four (24) feet wide or such greater width as may be required to accommodate the volume of traffic anticipated and along which no parking spaces shall be provided or allowed.

(2)

Lighting. Lighting shall be provided in all parking facilities accommodating ten (10) or more vehicles and such lighting shall be so arranged that the source of light does not shine directly into adjacent residential properties and does not interfere with traffic.

(3)

Other uses. Other uses such as the sale, repair, dismantling, or servicing of vehicles, equipment, materials or supplies shall not be conducted within required off-street parking facilities. Retail sales shall not be conducted in store parking lots; however, the occasional display of goods for sale may occur in parking areas provided the display occupies available space in excess of required parking spaces.

(4)

Residential areas. In residential districts, off-street parking facilities shall be used only by vehicles up to eight thousand (8,000) pounds gross vehicle weight, manufacturer's capacity rating, and having wheels not exceeding seventeen (17) inches in diameter.

(5)

Residential. Required off-street parking facilities for dwelling uses shall not occupy any part of a required front yard.

(Ord. No. 1429, 7-26-04)

(a)

Parking. At least the following amounts of off-street parking facilities shall be provided. The classifications of uses shall be deemed to include and apply to all uses, and if the classification of any use for the purpose of determining the amount of off-street parking facilities to be provided is not readily determinable hereunder the classification of the use shall be fixed by the zoning administrator.

(b)

Off-street loading. In addition to required off-street parking spaces a minimum of one (1) off-street loading facility shall be provided for all structures devoted to commerce, industry, manufacturing, storage, warehousing, professional firms, hospitals, and similar uses exceeding ten thousand dollars (10,000) square feet of gross floor area.

(Ord. No. 1429, 7-26-04)

Pursuant to the procedure set forth in this section, either part or all of the required off-street parking facilities may be located on another site a distance no greater than four hundred (400) feet from the one occupied by the use or structure for which the facilities are provided; also, two (2) or more uses may share the same off-street parking facilities and each of such uses may be considered as having provided such shared space individually.

(a)

Applications for approval of special plan. An application for the approval of a special provision hereunder shall be filed with the zoning administrator by the owner or owners of the entire land area to be included within the special plan, and all encumbrances of such land area and structures. The application shall contain such information required by this chapter or deemed necessary by the zoning administrator and shall include plans showing the location of the uses or structures for which off-street parking facilities are required and the location where the off-street parking facilities are proposed to be located.

(b)

Review of application. Applications hereunder shall be reviewed by the zoning administrator and either approved by him or disapproved. Any approval may establish conditions and limitations, and be registered among the records of the city and shall thereafter be binding upon the applicants, their heirs, successors and assigns, shall limit and control the issuance and validity of permits and certificates and shall restrict and limit the use and operation of all land and structures included within such special plans to all conditions and limitations specified in such plans and the approval thereof.

(c)

Amendment or withdrawal of special plan. Pursuant to the same procedure and subject to the same limitations and requirements by which the special plan was approved and registered, any special plan may be amended or withdrawn.

(Ord. No. 1429, 7-26-04)