The landscaping and screening regulations in this article provide additional guidance on the development of sites within the City by addressing landscaping and screening requirements. They are designed to improve the appearance of the community, buffer potentially incompatible land use from one another, and conserve the value of properties within the City.

(Code 1993, § 39.08.001; Ord. No. 1171, § 1)

The provisions of this article shall apply to all new development on each undeveloped lot or site upon application for a building permit, or as a condition of approval, except for the following:

(1)

Reconstruction or replacement of a lawfully existing use or structure following a casualty loss; however, any voluntary landscaping done in conjunction with the repair or replacement shall comply with the requirements of this chapter.

(2)

An individual requesting and receiving reasonable accommodation from the City in accordance with the City Title VI Plan and relating to the requirements of this chapter.

(Code 1993, § 39.08.002; Ord. No. 1171, § 1; Ord. No. 1651, § 1)

Subject to the requirements of Section 62-563 and the approval of the City Forester, landscaping shall be required adjacent to each street property line, and may be permitted within a public right-of-way to meet the requirements of this chapter.

(Code 1993, § 39.08.003; Ord. No. 1171, § 1; Ord. No. 1651, § 2)

(a)

Official list of plant materials. All plant material installed in the public right-of-way shall be consistent with the official list of plant materials provided through the Office of the City Forester.

(b)

Use of inorganic landscaping materials. Artificial trees, shrubs, plants or turf shall not be used to fulfill the minimum requirements for landscaping. Inorganic materials, such as tone or decorative pavers, decorative landscape rock, and bark, may be counted toward fulfilling these minimum requirements, provided that such material does not comprise more than 35 percent of the required landscaped area and trees are incorporated with the installation. Other concrete and/or asphalt pavement surfaces may not be used within the minimum required landscaped area, except for walkways less than five feet in width.

Table 62-565-1. Required Landscape Depth

(Code 1993, § 39.08.004; Ord. No. 1171, § 1; Ord. No. 1651, § 3)

(a)

These provisions apply when use is established in a more intensive zoning district (district A) which is adjacent to a less intensive zoning district (district B). The owner, developer, or operator of the use within district A shall install and maintain a landscaped buffer yard on such lot or site, as set forth in this section. Buffer yard requirements apply only to those districts indicated in Table 62-566-2, and apply to all property lines. This buffer yard shall take precedent over a building setback closer to a property line. Buffer yards are not required of single-family, two-family, duplex, or townhouse use types in the more intensive zoning district.

(b)

The buffer yard dimensions set forth in Table 62-566-2 apply to zoning districts which share a common lot line. The dimensions may be reduced by ten feet if the uses are adjacent but separated by an intervening alley.

Table 62-566-2. Buffer Yard Requirements (feet)

(Code 1993, §§ 39.08.004, 39.08.005; Ord. No. 1604, § 10)

(a)

Application. Screening is required between adjacent zoning districts indicated in Table 62-566-2 in Section 62-566 when one or more of the following conditions in the more intensive zoning district is directly visible from and faces toward the boundary of the less intensive zoning district:

(1)

The rear elevation of buildings.

(2)

Outdoor storage areas or storage tanks, unless otherwise screened.

(3)

Loading docks, refuse collection points, and other service areas.

(4)

Major machinery or areas housing a manufacturing process.

(5)

Major on-site traffic circulation areas or truck and/or trailer parking.

(6)

Sources of glare, noise, or other environmental effects.

(b)

Opaque barrier. A six-foot opaque barrier shall be provided which visually screens the conditions listed in Section 62-568 from less intensive uses as follows:

(1)

An opaque barrier vinyl or higher quality fence and/or masonry fence or wall at least six feet in height.

(2)

A landscaping screen, using evergreen or deciduous materials, capable of providing a substantially opaque, hedge-like barrier and attaining a minimum height of six feet within three years of planting.

(3)

A landscaped earth berm with a maximum slope of 3:1, rising no less than six feet above the existing grade of the lot line separating the zoning districts.

(4)

Any combination of these methods that achieves a cumulative height of six feet.

(c)

Location of screening wall. A screening wall or fence shall be installed no closer to the less intensive zoning district than one-half the width of the required buffer yard. Fence regulations are set forth in Section 62-532.

(d)

Screening, effect on drainage. Screening shall not adversely affect surface water or snow drainage.

(Code 1993, § 39.08.006; Ord. No. 1171, § 1; Ord. No. 1604, § 10)

In any landscaped area required by the minimum depth requirements or the buffer yard requirements, a minimum of one tree on a lot, with a minimum caliper size of 1.5 inches shall be planted and maintained. Existing trees located on a lot and approved for preservation shall be counted toward satisfaction of this requirement.

(Code 1993, § 39.08.007; Ord. No. 1171, § 1; Ord. No. 1651, § 4)

(a)

Time of application. The provisions contained in this article shall be applied for each individual lot or site when an application for a building permit on such lot is made.

(b)

Maintenance of required landscaping. Upon installation of required landscape materials, each owner shall take appropriate actions to ensure their continued health and maintenance. Required landscaping that does not remain healthy shall be replaced consistent with this article.

(c)

Obstruction of view. Landscaping or screening installed in any landscaped area shall not obstruct the view from or to any driveway approach, street, alley, sign, or sidewalk and shall not be placed to interfere with the normal lighting of the public rights-of-way contrary to Section 62-530.

(d)

Earth berm locations. All earth berm locations shall be reviewed by the City Engineer, or a designee, to determine how the berms shall relate to drainage, snow, and public utilities.

(e)

Exceptions. A development may continue with the buffer yard and screening requirements in effect at the time of issuance of its original permit, regardless of whether an adjacent lot or site is subsequently rezoned to a less intensive district which would otherwise require compliance with buffer yard or screening provisions.

(Code 1993, § 39.08.008; Ord. No. 1171, § 1; Ord. No. 1651, § 5)