(a)

Purpose. The purposes of this article are to protect and enhance the natural environment by:

(1)

Providing for the preservation of protected trees as defined in this article;

(2)

Providing for the replacement of protected trees that may be removed;

(3)

Aiding in the conservation of energy by encouraging the planting of canopy (shade) trees and vegetation which provide for a more pleasant and relaxing urban environment;

(4)

Reducing the impact of development on the community's storm drainage system and reduce flooding;

(5)

Establishing landscaping standards for property to be developed;

(6)

Encouraging the selection of native plant species for vegetation;

(7)

Reducing the impact of urban and suburban development on remaining stands of natural vegetation;

(8)

Enhancing the appearance of the city;

(9)

Protecting public and private investment by enhancing property values;

(10)

Buffering incompatible land uses as well as providing relief from traffic noise, heat, glare, and the spread of dust and debris; and

(11)

Providing for enforcement of the provisions contained in this article.

(b)

Administration. The planning and development department shall have the primary responsibility for the administration of this article. The planning commission may adopt policies and procedures to be followed by the planning and development department in administering this article.

(1)

Enforcement and penalties. Violation of the provisions of this article shall be a class C misdemeanor and shall be punishable as such. Employees of the planning and development department shall be authorized to issue stop work orders and citations for violations of this article.

(2)

Applicability to city and other governments. The provisions of this article shall apply to the City of Dothan and to any other government entities owning property within the City of Dothan Corporate Limits.

(3)

Public utilities. This article shall not prohibit public utilities from removing or pruning trees or clearing other vegetation from street rights-of-way or utility rights-of-way. However, such removal or pruning should be coordinated with the city horticulturist.

(4)

Local street rights-of-way and easements. Except as otherwise provided for in this article, trees of eight inches or greater DBH shall not be removed from any local street right-of-way, utility easement or public easement unless such removal is in accordance with an approved tree removal plan or landscaping plan. Failure to follow this provision shall be punishable in accordance with section 1-4 of this Code.

(c)

Definitions. Definitions specific to buffer and landscaping may be found in article II of this chapter.

(Ord. No. 2015-336, § 1, 12-1-15)

(a)

Tree preservation.

(1)

Forestry activity (silviculture). Harvesting trees being cultivated for forestry purposes from A-C zoned property shall be permitted as an agricultural activity.

(2)

Forestry activity (non-silviculture). No trees, including non-protected trees or other vegetation, shall be removed from any residential buffer, except on A-C zoned property, prior to the issuing of a building permit or the approval of a tree removal plan.

(3)

Tree preservation credit. To encourage the preservation of existing trees on development sites, credit is available as follows:

a.

Credit for any protected tree preserved during building development will be given on a one for one basis required for the site as defined in section 114-238(e).

b.

Credit will be given on a one to one basis for each additional six inches up to a maximum of 36 inches total caliper above the minimum for any protected tree required for the site as defined in section 114-238(e) (i.e. preserving a 36-inch tree is worth four canopy trees, 36 - 12 = 24/6 = 4).

c.

Credit may only be applied towards canopy trees.

(4)

Exceptions. This section shall not prohibit the removal of a tree: start

a.

That constitutes a safety hazard or a threat to property or other trees, provided that the planning commission may adopt procedures for demonstrating that such a safety hazard or a threat to property exists.

b.

That creates a sight obstruction for public streets, provided, however, that the planning commission may adopt procedures for demonstrating that such a sight obstruction exists.

c.

That, by virtue of harboring insects, vermin or other animals, constitutes a public health hazard, provided, however, that the planning commission may adopt procedures for demonstrating that such a public health hazard exists.

d.

Whose removal is necessary to accommodate public infrastructure or public easements.

e.

Necessary for a public street or public right-of-way.

f.

Necessary to perform a boundary or topographical survey. However, only the minimum number of trees necessary to accomplish such a survey shall be removed.

g.

That is located on a lot or parcel in an R-1, R-2, R-3, or R-4 (three attached dwelling units or less), zoning district on which a residential structure has been constructed or for which a permit to construct a residential structure has been issued.

(b)

Tree removal.

(1)

No tree, including non-protected trees or other vegetation, shall be removed from the residential buffer on any lot or parcel unless the property is zoned A-C or a tree removal plan has been approved in accordance with article V, development plans, of this code.

(2)

No tree of 12 inches or greater DBH, including non-protected trees, shall be removed from the portion of the tree protection area on any lot or parcel unless the property is zoned A-C or a tree removal plan has been approved in accordance with article V, development plans, of this code.

(3)

Non-protected trees may be removed from the core area of a lot or parcel.

(4)

Except as provided for in section 114-237(a)(3) of this article, no protected tree shall be removed from the core area of any lot or parcel unless a tree removal plan has been approved in accordance with article V, development plans, of this code.

(c)

Tree removal plan. Tree removal plans shall be submitted to the planning commission in the same manner as major development plans as provided for in article V of this code. The planning commission shall consider a tree removal plan in the same manner as major development plans. The planning commission may approve a tree removal plan, disapprove it, or approve it with amendments or conditions. Tree removal plans may be approved by staff for minor development plans in accordance with section 114-76 of this Code. A tree removal plan shall include the following information:

(1)

An accurately drawn map on 24 inches by 36 inches paper showing any residential buffers and any tree protection areas on the lot or parcel;

(2)

Inventory of all existing trees of 12 inches or greater DBH located within any residential buffer, tree protection area, adjacent street right-of-way, utility right-of-way or public easement and any protected trees located in the core area. The inventory shall show: the approximate location of each tree, the size (expressed in DBH), and species of each tree;

(3)

Description of other vegetation in any residential buffer;

(4)

Identification of trees of 12 inches or greater DBH to be the removed from any residential buffer, tree protection area, street right-of-way, utility right-of-way or public easement and any protected trees to be removed from the core area of the property;

(5)

Names and addresses of owners of adjacent properties, including across any abutting streets;

(6)

An accurately drawn map on 24 inches by 36 inches paper showing any proposed re-plantings or other proposed screen;

(7)

A description of the size, species, and number of any proposed replanting materials and a description of any other proposed screen; and

(8)

The clearing limits of the proposed project.

(Ord. No. 2015-336, § 1, 12-1-15)

(a)

Application. This section shall apply to any new development or construction in any R-A, MH-1, O & I, O-2, O-3, B-1, B-2, B-3, L-I, H-I, and R-4 (over three attached dwelling units) districts and for property on which public and semi-public uses or buildings are located.

(1)

For any development or construction that increases the gross floor area, lot area, or parking area of an existing structure or development located in any of the districts listed above by 25 percent or more.

(2)

For any new development or construction for which development plans are required.

(3)

For any development or construction that increases by 25 percent or more the gross floor area, lot area, or parking area of an existing structure or development for which development plans were required.

(4)

If trees of eight inches DBH or greater are removed from any street right-of-way or any tree protection area in order to accommodate the erection of a billboard, the site shall be landscaped according to the planting requirements in this article.

(5)

Property for which development plans approved by the planning commission or staff prior to the effective date of this article shall not be subject to its provisions. However, any property for which development plan approval has lapsed will be subject to the provisions of this article.

(b)

Landscaping plan required. A landscaping plan shall be required as follows:

(1)

Landscaping plans submitted must be designed only by an architect, civil engineer, landscape architect, or a professional landscape designer certified by the State of Alabama.

(2)

For developments or structures for which development plans are required to be reviewed, a tree removal/landscaping plan shall be included as part of the development plans. The approved landscaping plan, as approved or amended, shall be included as part of any subsequent submittal for a building permit.

(3)

For any other property, development, or construction to which this article applies, a landscaping plan shall be included as part of the submittal for a building permit.

(4)

At a minimum, landscaping plans shall include the following information. Additional information may be required by the planning commission.

a.

Any tree removal plan previously approved for the property.

b.

Location of any tree protection areas and residential buffers on the property.

c.

A tree survey showing the location, species, and size of any existing trees of 12 inches DBH or greater located within any residential buffer, tree protection area, adjacent street right-of-way, utility right-of-way or public easement and any protected trees in the core area and indicating any such trees that are proposed to be removed as part of the development of the property.

d.

Information showing the location, type of tree (see section 114-239) and sizes of all proposed landscaping materials, including existing trees and other plant materials that will be incorporated into the landscaping.

e.

Calculations showing that the proposed plant materials will satisfy the planting requirements as described in this article.

f.

Information about the type and coverage of the irrigation system.

g.

The location of any existing or planned power lines or other utilities located on the proposed development or on any adjacent rights-of-way.

h.

Measures to be taken to prevent damage to any existing trees that are to be incorporated into the landscaping plan.

i.

Buffers shall be shown in plan view and cross section view.

(c)

Modifications. The planning commission may modify the strict application of this section for major development plans and staff may modify the strict application of this section for minor development plans when:

(1)

The required plantings or planting area would conflict with utilities, easements, overhead power lines, or as otherwise recommended by staff.

(2)

A proposed roadway improvement constructed for public purposes will encroach into the landscaping area.

(3)

Topographical conditions warrant special consideration of the site design.

(d)

Plant diversity. Diversity of plantings should be strived for in all required landscape plantings, and in no case should one species constitute more than 50 percent of total plantings on site. Landscaping shall largely utilize native or non-competing exotic plant species. Landscaping shall not utilize any exotic vegetation which is likely to out-compete or otherwise displace native vegetation, or require excessive use of fertilizers and water to maintain growth. In addition, the use of existing native species of plant material is strongly encouraged. Existing natural ground cover should be retained where possible by avoiding scraping, grading and sodding. Where the planting requirements require additional trees or shrubs to be installed in an existing natural area, it should be done in a manner which minimizes disturbances to native species.

(e)

Existing landscaping. To encourage the preservation of existing vegetation on development sites, the following credit is available: Existing non-pine trees 12 inches or greater DBH and pine trees 18 inches or greater DBH may be credited on a one for one basis for trees required by this article.

(f)

Canopy (shade) trees. Canopy (shade) trees are required for all development sites under the following schedule:

(1)

At a minimum, one canopy (shade) tree shall be provided per acre or any portion thereof for all industrial projects.

(2)

At a minimum, two canopy (shade) trees shall be provided per acre or any portion thereof for all commercial projects.

(3)

In addition to the above, to encourage the use of canopy (shade) trees on development sites, canopy (shade) trees may be substituted for understory trees at two understory trees for one canopy (shade) tree.

(g)

Foundation (building) landscaping. Though not required as part of this article, it is strongly encourage that foundation (building) landscaping be utilized on all development sites.

(h)

Required landscaped areas. All developments shall include a perimeter landscaped area of at least ten feet in depth adjacent to any public right-of-way unless a shallower depth is approved by the planning commission in its approval of the landscaping plan and subject to the following provisions:

(1)

At a minimum, four trees and eight shrubs for each 100 feet of linear foot frontage along the right-of-way shall be preserved or planted. The remaining area within the perimeter strip shall be landscaped with grass, ground cover, or other landscape treatment.

(2)

Trees and other landscaping required in the perimeter strip shall be maintained to assure unobstructed visibility between three and nine feet above the average grade of the adjacent street and the driveway intersections through the perimeter strip.

(3)

Understory trees shall be utilized when placing trees in the vicinity of power lines.

(4)

The landscaping should be evenly spaced throughout the perimeter strip; however, nothing in this article shall prohibit the clustering of this material.

(5)

A berm may be utilized in the perimeter landscaped area next to vehicular use areas and must be consistent with section 98-10 of the City of Dothan Code of Ordinances for sight triangles. If plantings are to be utilized as part of the berm, the berm should be terraced in a manner that retains water for these plantings.

(i)

Interior planting areas. All vehicular use areas having 40 or more parking spaces shall be subject to the following provisions:

(1)

Interior planting areas are to be located within or adjacent to the parking area as tree islands at the end of parking bays. Interior planting areas shall be located to most effectively accommodate stormwater runoff and provide shade in large expanses of paving and contribute to orderly circulation of vehicular and pedestrian traffic. Interior planting areas shall incorporate pedestrian refuges as appropriate.

(2)

No more than 15 parking spaces shall be permitted in a continuous row, excluding spaces fronting buildings, without being interrupted by an interior planting area with the following provisions:

a.

The interior planting area shall include, at a minimum, one tree and four shrubs.

b.

Required trees and shrubs shall be selected from section 114-239(a) and trees shall be at least eight feet in height and 1.25 inches in diameter measured at six inches above grade after planting. The remainder of the interior planting area shall be landscaped with ground cover or other approved material not to exceed three feet in height.

(3)

In no case shall the minimum planting area contain less than 150 square feet. The planted area of the island must be at least nine feet in width, measured from back of curb to back of curb and the full length of the parking space. The minimum width of any channeling or canoe type island shall be six feet. All interior planting areas must be curbed to prevent vehicular encroachment.

(4)

Compacted subgrade soil in parking islands shall be removed to a depth of 24 inches and refilled with topsoil. Additional soil depth may be achieved by mounding.

(j)

Detention areas. The bottom of detention areas may be either seeded or sodded. The sides of detention areas may be either seeded with an erosion control blanket, hydro-seeded or sodded. However, for detention areas located adjacent to the public right-of-way of major thoroughfares, the sides must be sodded. Detention areas must be maintained as landscaped areas. If the seeding option is utilized, no certificate of occupancy will be issued for the project until such time as that seeding has taken root and grass is growing. A cash or surety bond may be utilized if necessary to ensure growth.

(k)

Irrigation. Irrigation for landscaping is required. A temporary system is allowable, but must remain functional for the first eight months after planting. Proof of intent to water all new plantings is required. Landscape islands surrounded by pavement are required to have a permanent system. If a landscaped area contains primarily species native to the immediate region, or plants acceptable for xeric landscaping, the planning commission or staff may waive the requirement for installation of an irrigation system. Consideration of a waiver of the irrigation requirements shall be supported by appropriate documentation provided by the applicant.

(Ord. No. 2015-336, § 1, 12-1-15)

(a)

Recommended plants. This list is not meant to be all inclusive. It is the responsibility of the applicant to select species that are appropriate to the location in which they will be planted. Alternate species may be used as determined by the city horticulturist. A landscape architect licensed by the State of Alabama or a landscape designer licensed by the State of Alabama may recommend other species for consideration to the city horticulturist that are suited to the soils and climate of Dothan, Alabama.

(1)

Recommended canopy (shade) trees.

¹ Not recommended for buffers.
² Recommended for parking lots.

(2)

Recommended understory trees.

¹ Not recommended for buffers.
² Recommended for parking lots.

(3)

Recommended shrubs.

¹ Not recommended for buffers.

(4)

Prohibited plants. The following plants shall not be installed as a landscape material:

a.

Bamboo.

b.

Cogon grass.

c.

Kudzu.

d.

Popcorn or Chinese Tallow trees (Sapium Sebiferum).

e.

Water grass.

(Ord. No. 2015-336, § 1, 12-1-15)

(a)

Maintenance of landscaping.

(1)

All required plant material shall be maintained in good condition at all times. Landscaping materials, including preserved trees that die or become diseased or damaged shall be replaced. The replacement plants shall have size equal to or greater than those being replaced. Replacement plants shall also be the same type as those being replaced unless the city horticulturist determines that one or more alternate species would be more likely to thrive, in which case one of the alternate species may be used. A landscape architect licensed by the State of Alabama or a landscape designer licensed by the State of Alabama may recommend other species for consideration to the city horticulturist that are suited to the soils and climate of Dothan, Alabama. All plant material shall be kept free of weeds, refuse and debris.

(2)

Fences, walls, berms and other structures that deteriorate or are damaged by any cause shall be repaired and/or replaced.

(3)

Buffers that are altered by erosion, construction, or other causes shall be restored.

(4)

Commercial landscaping operations are required to remove all debris associated with these operations including grass trimmings, tree trimmings, shrub trimmings, etc.

(5)

Failure to maintain landscaping materials, replace landscaping materials that have died or become diseased or damaged or remove debris from commercial landscaping operations shall be a violation of this article and shall be punishable as provided for in section 114-236(b).

(b)

Completion of landscaping or bond required. No certificate of occupancy, for any building or development covered by this article shall be issued unless the required landscaping, including any required commercial or industrial landscape buffers has been completed. A certificate of occupancy may be issued if a cash or surety bond for the completion of the required landscaping is provided to the city as outlined below. In addition, no final subdivision plat approval will be granted unless the required landscaping, including any required residential landscape buffers has been completed. Final approval may be granted if a cash or surety bond for the completion of the required landscaping is provided to the city as outlined below.

(1)

Performance bond. A performance bond shall be provided to the city to ensure installation of the required landscaping. The performance bond may be in the form of cash or check equivalent to 100 percent of the estimated cost of installation or a contract for that amount. The timing of installation of required plant materials shall be designated by the city horticulturist. Estimates shall be from a licensed landscape contractor and good until installation is authorized. If a contract for the work is submitted, the contract time shall extend to the period so authorized for installation. A surety bond equivalent to 125 percent of the cost may be utilized instead of a cash bond accompanied by the submission of an estimate from a licensed contractor.

(Ord. No. 2015-336, § 1, 12-1-15)

(a)

Purpose. This section requires landscaped buffers to be provided and maintained when certain land uses are adjacent to or directly across from each other in order to protect uses from the traffic, noise, glare, trash, vibration and odor likely to be associated with a more intensive land use. Landscaped buffers are also required to conserve the values of land and buildings and to provide adequate light and air. The width of the buffer and the required plantings within the buffer vary depending upon the relative intensities of the abutting or adjacent uses. Understory trees shall be utilized when placing trees in the vicinity of power lines.

(b)

Natural landscape buffers. Nothing in this section precludes the use of a natural landscape buffer. A natural buffer must contain the minimum number of plantings required for that buffer type. Natural buffers must be protected against heavy equipment and any grading activity during construction. Loss of trees in a designated natural buffer shall be replaced at a ratio of two to one.

(c)

Landscaped buffer location. Landscaped buffers shall be located at the perimeter of the development site for any given use, and shall not be located in any portion of a public right-of-way. If the proposed development or expansion of an existing development is located on a larger tract of land, the buffer shall extend only for the length of the development.

(d)

Landscaped buffer modifications. The planning commission for major development plans or staff for minor development plans may require enhanced and/or alternative buffering, landscaping, or locations to ensure compliance with the intent of these regulations for obnoxious heavy impact uses such as wastewater treatment plants, tallow plants, slaughterhouses, landfills, etc.

(e)

Building setbacks and buffers. In the event that the required landscape buffer exceeds the required building setback (section 114-132), then the required building setback shall be equal to the required landscape buffer.

(f)

Accessory buildings and buffers. Residential accessory buildings and/or structures shall not encroach into designated natural buffers. Residential accessory buildings and/or structures may be placed within non-designated natural buffers in compliance with section 114-183(b).

(Ord. No. 2015-336, § 1, 12-1-15)

(a)

Minimum requirements. The following buffers are the minimum required. There shall be no buffer required between land uses in the same classification. Illustrations of buffer types are available from the planning and development department.

(1)

A type 1 buffer shall be required between single-family residential adjacent to or across a right-of-way of no more than two lanes from attached multi-family residential land uses (apartments). The buffer shall be at least 20 feet in width and may contain either a privacy fence at a minimum of six feet in height and a maximum of eight feet in height or, at a minimum, seven trees and 20 shrubs per each 100 linear feet. The construction of a privacy fence above six feet in height must be approved by the building official [see section 114-183(b)(3)]. If the landscaping option is utilized, the landscaping should be as evenly spaced throughout this area as possible. Nothing in this section shall prohibit the use of a natural buffer, subject to section 114-241(b). Any disturbance of the approved buffer shall require full restoration. Refer to Table 1.

(2)

A type 2 buffer shall be required between residential adjacent to or across a right-of-way of no more than two lanes and non-residential land uses including apartments containing up to 25,000 square feet of gross floor area. The buffer shall be at least 25 feet in width. The 25-foot buffer must contain, at a minimum, eight trees and 30 shrubs per each 100 linear feet. Where vacant single family residential abuts vacant or existing non-residential property, the type 1 buffer shall apply on the residential side. Residential buffers shall be recorded on the final plat map. A type 2 buffer shall apply where a new non-residential land use including apartments containing up to 25,000 square feet of gross floor area is adjacent to or across a right-of-way of no more than two lanes from an existing or future residential land use and shown on the approved development plan. The landscaping should be as evenly spaced throughout this area as possible. Nothing in this section shall prohibit the use of a natural buffer, subject to section 114-241(b). Any disturbance of the approved buffer shall require full restoration. Refer to Table 1.

(3)

A type 3 buffer shall be required between residential adjacent to or across a right-of-way of no more than two lanes and non-residential land uses including apartments containing 25,001 to 50,000 square feet of gross floor area. The buffer shall be at least 30 feet in width. The 30-foot buffer must contain, at a minimum, eight trees and 30 shrubs per each 100 linear feet. Where vacant single family residential abuts vacant or existing non-residential property, the type 1 buffer shall apply on the residential side. Residential buffers shall be recorded on the final plat map. A type 3 buffer shall apply where a new non-residential land use including apartments containing 25,001 to 50,000 square feet of gross floor area is adjacent to or across a right-of-way of no more than two lanes from an existing or future residential land use and shown on the approved development plan. The landscaping should be as evenly spaced throughout this area as possible. Nothing in this section shall prohibit the use of a natural buffer, subject to section 114-241(b). Any disturbance of the approved buffer shall require full restoration. Refer to Table 1.

(4)

A type 4 buffer shall be required between residential adjacent to or across a right-of-way of no more than two lanes and non-residential land uses including apartments containing 50,001 to 75,000 square feet of gross floor area. The buffer shall be at least 40 feet in width. The 40-foot buffer must contain, at a minimum, 15 trees and 75 shrubs per each 100 linear feet planted in offset double rows. Where vacant single family residential abuts vacant or existing non-residential property, the type 1 buffer shall apply on the residential side. Residential buffers shall be recorded on the final plat map. A type 4 buffer shall apply where a new non-residential land use including apartments containing 50,001 to 75,000 square feet of gross floor area is adjacent to or across a right-of-way of no more than two lanes from an existing or future residential land use and shown on the approved development plan. The landscaping should be as evenly spaced throughout this area as possible. Nothing in this section shall prohibit the use of a natural buffer, subject to section 114-241(b). Any disturbance of the approved buffer shall require full restoration. Refer to Table 1.

(5)

A type 5 buffer shall be required between residential adjacent to or across a right-of-way of no more than two lanes and non-residential land uses including apartments containing more than 75,000 square feet of gross floor area. The buffer shall be at least 50 feet in width. The 50-foot buffer must contain, at a minimum, 15 trees and 75 shrubs per each 100 linear feet planted in offset double rows. Where vacant single family residential abuts vacant or existing non-residential property, the type 1 buffer shall apply on the residential side. Residential buffers shall be recorded on the final plat map. A type 5 buffer shall apply where a new non-residential land use including apartments containing more than 75,000 square feet of gross floor area is adjacent to or across a right-of-way of no more than two lanes from an existing or future residential land use and shown on the approved development plan. The landscaping should be as evenly spaced throughout this area as possible. Nothing in this section shall prohibit the use of a natural buffer, subject to section 114-241(b). Any disturbance of the approved buffer shall require full restoration. Refer to Table 1.

(6)

A type 6 buffer shall be required between industrial uses containing up to 25,000 square feet of gross floor area and any other land use. The buffer shall be at least 30 feet in width. The 30-foot buffer must contain, at a minimum, eight trees and 30 shrubs per each 100 linear feet. Where vacant single family residential is adjacent to or across a right-of-way of no more than two lanes from vacant or existing industrial property, the type 1 buffer shall apply on the residential side. Residential buffers shall be recorded on the final plat map. The landscaping should be as evenly spaced throughout this area as possible. Nothing in this section shall prohibit the use of a natural buffer, subject to section 114-241(b). Any disturbance of the approved buffer shall require full restoration. Refer to Table 1.

(7)

A type 7 buffer shall be required between industrial uses containing 25,001 to 50,000 square feet of gross floor area and any other land use. The buffer shall be at least 35 feet in width. The 35-foot buffer must contain, at a minimum, eight trees and 30 shrubs per each 100 linear feet. Where vacant single family residential is adjacent to or across a right-of-way of no more than two lanes from vacant or existing industrial property, the type 1 buffer shall apply on the residential side. Residential buffers shall be recorded on the final plat map. The landscaping should be as evenly spaced throughout this area as possible. Nothing in this section shall prohibit the use of a natural buffer, subject to section 114-241(b). Any disturbance of the approved buffer shall require full restoration. Refer to Table 1.

(8)

A type 8 buffer shall be required between industrial uses containing 50,001 to 75,000 square feet of gross floor area and any other land use. The buffer shall be at least 40 feet in width. The 40-foot buffer must contain, at a minimum, 15 trees and 75 shrubs per each 100 linear feet planted in offset double rows. Where vacant single family residential is adjacent to or across a right-of-way of no more than two lanes from vacant or existing industrial property, the type 1 buffer shall apply on the residential side. Residential buffers shall be recorded on the final plat map. The landscaping should be as evenly spaced throughout this area as possible. Nothing in this section shall prohibit the use of a natural buffer, subject to section 114-241(b). Any disturbance of the approved buffer shall require full restoration. Refer to Table 1.

(9)

A type 9 buffer shall be required between industrial uses containing more than 75,000 square feet of gross floor area and any other land use. The buffer shall be at least 50 feet in width. The 50-foot buffer must contain at a minimum, 15 trees and 75 shrubs per each 100 linear feet planted in offset double rows. Where vacant single family residential is adjacent to or across a right-of-way of no more than two lanes from vacant or existing industrial property, the type 1 buffer shall apply on the residential side. Residential buffers shall be recorded on the final plat map. The landscaping should be as evenly spaced throughout this area as possible. Nothing in this section shall prohibit the use of a natural buffer, subject to section 114-241(b). Any disturbance of the approved buffer shall require full restoration. Refer to Table 1.

(b)

Landscaped buffer reductions. Requests for a buffer reduction may be approved by the planning commission. A statement from the developer justifying the proposed reduction and a detailed plan specifying species, size, height, spacing, etc., which illustrates that an effective buffer will be established if approved. Such statement and plan must accompany the application. The provision of this section cannot be further varied. Landscaped buffers may be reduced under the following circumstances:

(1)

A type 1 buffer may not be reduced.

(2)

A type 2 buffer may be reduced five feet with the addition of an eight-foot wood privacy fence plus a 20-percent increase in plant material. In no event shall the buffer be less than 20 feet in width.

(3)

A type 3 buffer may be reduced five feet with the addition of an eight-foot wood privacy fence plus a 20-percent increase in plant material. In no event shall the buffer be less than 25 feet in width.

(4)

A type 4 buffer may be reduced by ten feet by adding an eight-foot privacy fence plus a 20-percent increase in plant material. In no event shall the buffer be less than 30 feet in width.

(5)

A type 5 buffer may be reduced by ten feet by adding an eight-foot privacy fence plus a 20-percent increase in plant materials. In no event shall the buffer be less than 40 feet in width.

(6)

Unless adjacent to residential, a type 6 buffer may be reduced by five feet by adding an eight-foot privacy fence in addition to the planting requirements. In no event shall the buffer be less than 25 feet in width.

(7)

Unless adjacent to residential, a type 7 buffer may be reduced by five feet by adding an eight feet privacy fence in addition to the planting requirements. In no event shall the buffer be less than 30 feet in width.

(8)

A type 8 or 9 buffer may not be reduced.

(9)

Regardless of the buffer-type required, if an existing development is proposed to be expanded and there is insufficient width available, all required plant materials for that buffer type shall be installed as practicable. The applicant may not take credit for existing trees and shrubs.

(c)

Landscape buffer requirements within mixed-use development. Where a building site is used for a single mixed-use development, landscaped buffers shall not be required between the various constituent uses. Landscaped buffers required at the perimeter of the development shall be based upon the individual uses on each portion of the property.

(d)

Vehicular use areas. All non-residential vehicular use areas (parking, access and circulation) adjacent to or across a right-of-way of no more than two lanes from any residentially zoned property and having 40 or more parking spaces shall be subject to the following provisions:

(1)

The vehicular use area shall be separated from the residential area by a continuous shrub hedge.

(2)

Shrubs shall be a minimum of two and one-half feet in height at installation, and shall be spaced three feet on center or closer. Said hedge shall be maintained at a height of no lower than three feet.

(3)

Parking spaces facing into the shrub hedge shall include wheel stops unless the shrub hedge is planted four feet or more back from a raised curb.

(4)

If a berm is utilized, it may act in lieu of the continuous shrub hedge.

(Ord. No. 2015-336, § 1, 12-1-15)