(1) The provisions of this chapter shall apply to all new or expanded structures or upon change in use or change in ownership of said properties which are located in all commercial zones, including parking lots so far as they are not otherwise covered under Chapter 18.45 ECMC, and includes all new structures and all intensified, modified, expanded, repaired or altered existing uses and structures when the cost of such intensification, modification, expansion, repairs or alteration exceeds 50 percent of the existing value of said use or structure. Parking lots are included within the application of this chapter to permit the administrator to proceed to give notice to the owners of such properties and require compliance with this chapter or Chapter 18.45 ECMC within the time limits provided in this chapter.

(2) Existing Structures. These standards are encouraged for all structures existing as of the date of adoption of the ordinance codified in this title.

(3) The buffer and screening requirements of this chapter shall be required for every property line that is adjacent to, contiguous to, abuts, adjoins, fronts or borders a public street, public right-of-way, or public highway, including railroad rights-of-way, or a residential zone. (Ord. 559 § 1, 2019; Ord. 513 § 1, 2016; Ord. 416 § 1, 2009)

(1) All construction and development applications to which this chapter applies shall include detailed plans for screening and buffering required for compliance with this chapter. Plans shall be drawn to scale, shall include the materials and method(s) to be used to comply with this chapter, identify size and location of planted materials, identify and show existing trees or shrubs that are to remain, illustrate the method of tree and shrub protection of the landscaped area, shall identify any evergreen plants and trees by botanical and common names, and shall include information on the growing characteristics of the trees and plants, such as minimum and maximum mature height.

(2) The plans shall also include a description of the method(s) and material(s) required to maintain all vegetation in a healthy growing condition, including any proposed irrigation system. If the plans do not include an automatic irrigation system, the plans shall describe in detail the proposed irrigation method. All maintenance costs shall be borne by the property owner.

(3) All plans shall be submitted to the city for review and approval prior to the issuance of a building permit. No building permit may issue until plans have been submitted to and approved by the city.

(4) The city may reject any proposal deemed to be inadequate to accomplish the buffer and screening objectives of this chapter. (Ord. 416 § 1, 2009)

(1) The provisions of this title shall not apply to vacant or undeveloped lots even though they are located wholly or in part in a commercial zone.

(2) The purpose of this title shall be to allow the city to provide a means of review and implementation of sight-obscuring devices in connection with activities which are conducted, allowed or carried on in the affected zones. Specifically, the intent of this title is to provide for the screening from general public of garbage containers and solid waste compaction or collection devices; outdoor storage of equipment, materials, supplies or products, other than for commercial sale in limited and reasonable numbers including new vehicle display lots, truck working yards, gravel pits, equipment repair yards, mill yards, factory yards, loading docks, delivery depots, salvage yards, junk yards, any area where loading, unloading, storage, manufacturing or processing is conducted on a continuous or frequent basis and recycling facilities; the direct view into operating or nonoperating facilities, mills, plants, shops, pits, hoists, or ramps; storage areas and holding areas in any commercial zone, and like commercial or industrial activities which the administrator determines to be of such a nature as to require screening under this title. Parking lots and parking facilities related to commercial and industrial operations shall be screened and/or landscaped as provided in the zoning and land use portions of this code.

(3) Landscaping. A landscaping buffer and screening are required for every property line referred to in ECMC 18.47.020. All such landscaping buffer and screening plantings shall be to a depth of sufficient amount to permit the passage of pedestrians along streets abutting the property line and to permit safe sight lines at intersections and driveways, which shall be determined by the city at the time of plan review and approval. All landscaping buffers and screening shall be accomplished by a continuous planting of evergreen trees and/or shrubs, except driveways and pedestrian walks, that will close together and produce a dense, sight-obscuring screen at least eight feet in height within three years of planting and shall be allowed to grow no higher than can be permitted to maintain the stability of the plantings during high winds and to avoid contact with any overhead cables, wires, or lines. The horizontal sight area shall be no less than 70 percent obscured in less than three years.

(4) Fence. A solid fence, solid wall or chain link fence with filler strips is required for every property line referred to in ECMC 18.47.020 and shall be constructed and maintained of appropriate colors and materials as a backdrop to the landscaping buffer and screening plantings unless the administrator determines that landscaping alone will be sufficient to provide the buffering required by this chapter. If the fencing requirement is waived on the condition landscaping will provide an adequate buffer and the landscaping is not developed, is allowed to die or is not maintained as initially indicated to the administrator, the administrator can require the installation of fencing as provided in this chapter. In addition to the provisions of this chapter, all fences or walls required by this chapter shall also comply with the other provisions of this code.

(5) Any new or expanded use or structure shall be subject to correction and compliance with ECMC 18.47.020(1), but only after the administrator has provided written notice of the need to comply with the provisions of this chapter. In that event, the property owner shall have no less than one year from the date of the notice to come into compliance with the provisions of this chapter.

Any property owner feeling aggrieved by a directive from the administrator to bring an existing structure or use into compliance with the provisions of this chapter shall have the right within 10 days of the receipt of the written notice from the administrator to bring the property into compliance to appeal this determination to the hearing examiner. In such an appeal, the burden shall be upon the property owner appealing the directive of the administrator to establish that the property in question is not required to comply with the provisions of this chapter. (Ord. 559 § 2, 2019; Ord. 416 § 1, 2009)

(1) There is a proposed alternative which meets the purpose of this chapter; and

(2) The alternative better accommodates the existing physical conditions of the property, topography or existing vegetation, or provides significant elements for visual screening, wind protection, solar access and shading, and the proposed alternative represents an equal or superior result than would be achieved if the requirements of this chapter were strictly followed. (Ord. 416 § 1, 2009)

(1) All landscaped areas required by this chapter shall be permanently maintained in a healthy growing condition in order to accomplish the purpose for which they were required. All fence or wall structures required by this chapter shall be permanently maintained in a state of good structural and aesthetic repair.

(2) Dead or diseased plants, as determined by the city, must be replaced within 30 days of notification, or as soon as practical in regard to freezing weather, or complex situations involving removal and replacement of large trees. Deteriorating fences or walls, as determined by the city, must be repaired or replaced within 30 days of notification.

(3) All plantings must be fertilized, irrigated and pruned at such intervals necessary to promote optimum growth. All landscaped areas shall be kept free of debris and weeds.

(4) The owners, their agents or assigns, are responsible for providing, protecting and maintaining all landscaping material in a healthy growing condition, replacing it when necessary, and keeping it free of refuse, weeds, and debris.

(5) The failure of a responsible person to maintain plantings in compliance with this section shall be deemed a violation of Chapter 1.15 ECMC and shall subject the violator to all the remedies available to the city pursuant to that chapter. (Ord. 464 § 1, 2012; Ord. 416 § 1, 2009)