The purpose and intent of the provisions for site design is to establish general regulations for the development of land.

(Ord. No. G45-92, § 2, 1992; Code 1976, § 19.12.100)

Any word or phrase contained within this chapter followed by the symbol [SR] shall be subject to the definitions and the additional interpretive requirements provided in chapter 19.90. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation.

(Ord. No. G45-92, § 2, 1992; Code 1976, § 19.12.200)

The following clarifications and exceptions shall be applicable to zoning lots [SR] in the zoning districts specified:

A.

Combination of land required. In all zoning districts, for two (2) or more contiguous parcels of land, which are held in single ownership or unified control, if one (1) or more such parcels of land are deficient in the area or dimension required in order to comply with all of the site design regulations [SR] of the zoning district in which such parcels of land are located, such contiguous parcels of land shall be combined in such a manner as to provide for conforming zoning lots to the extent that is physically possible, except as may be provided otherwise in subsection D of this section.

B.

Reduction of land area and dimension prohibited. In all zoning districts; for a single parcel of land; or for two (2) or more contiguous parcels of land, which are held in single ownership or unified control; the area or dimension of such parcel or parcels of land shall not be reduced to an amount which is less than that required in order to comply with all of the site design regulations for providing a conforming zoning lot in the zoning district in which such parcel or parcels of land are located, except as may be provided otherwise in subsection D of this section.

C.

Division of zoning lots. In all zoning districts, no zoning lot shall be divided into two (2) or more zoning lots unless all zoning lots resulting from such division shall conform to all of the site design regulations of the zoning district in which such resulting zoning lots are located.

D.

Eighty (80) percent provision. In all zoning districts, if one (1) or more adjoining vacant lots of record [SR] with continuous frontage on a public right-of-way are held in single ownership or unified control, and such lots of record were properly recorded prior to the effective date of the ordinance from which this title is derived, and if one (1) or more of the lots do not meet the requirements established for minimum zoning lot width [SR] and minimum zoning lot area [SR] for the zoning district in which they are located, the following rules shall apply:

1.

Where such lot or lots of record consist of sufficient width and area to provide at least eighty (80) percent of the width and area required for three (3) or less zoning lots in the zoning district in which they are located, such land may be divided for use into three (3) or less zoning lots, each of which shall have at least eighty (80) percent of the lot width and lot area otherwise required.

2.

Where such lot or lots of record consist of between eighty (80) percent and one hundred (100) percent of the lot width or lot area required for the establishment of three (3) zoning lots, the land may be divided for use in one (1) of the following ways:

a.

The land may be divided into three (3) or less zoning lots, each of which is equal in lot width and lot area; or

b.

The land may be divided into three (3) or less zoning lots, all but one (1) of which has one hundred (100) percent of the lot width and lot area required in the zoning district in which they are located, and the remaining lot having not less than eighty (80) percent of the required lot width and lot area.

3.

No lot intended for a multiple-family dwelling [SR] shall be eligible for a reduction of the minimum required lot area for the zoning district in which they are located under the provisions of this subsection.

E.

Principal buildings per zoning lot. In all residence conservation districts, residence districts, and business districts, no more than one (1) principal building [SR] shall be allowed on a zoning lot.

(Ord. No. G37-98, § 1, 1998; Ord. No. G45-92, § 2, 1992; Code 1976, § 19.12.300)

In all zoning districts, the following exceptions and clarifications shall be applicable to the minimum required building [SR] setbacks [SR] and vehicle use area setbacks [SR] from a lot line [SR]:

A.

Average setbacks. In all zoning districts, where fifty (50) percent or more of the zoning lots with the same street or alley frontage [SR] on a block located between two (2) intersecting street [SR] rights-of-way are located within the same mapped zoning district, and where one (1) or more of such zoning lots are developed with buildings or vehicle use areas, the minimum required building setbacks and vehicle use area setbacks from a street lot line [SR] for an individual zoning lot located on such block shall not be less than the average setback from each type of lot line of such developed zoning lots, whether or not the average is greater or less than the minimum required setback.

For the purpose of calculating the average existing building setback and vehicle use area setback from each type of lot line, each existing setback for the individual zoning lot shall be included in the calculation. If the individual zoning lot is undeveloped, each setback shall be included in the calculation as the minimum required building setback and vehicle use area setback for the zoning district in which the individual zoning lot is located. Where there are five (5) or more zoning lots, the zoning lot with the greatest setback and the least setback from each type of lot line shall not be included in the calculation.

B.

Overlapping setbacks prohibited. In all zoning districts, the yard [SR] area established by a required minimum setback for a structure, building, or vehicle use area shall not overlap or again be included as the yard area established by a required minimum setback for another structure, building, or vehicle use area, unless specifically provided otherwise by section 19.12.600.

C.

Reduction of setbacks prohibited. In all zoning districts, no zoning lot shall be reduced in area or dimension such that an existing required minimum building or vehicle use area setback or other existing required yard areas become less than that required by the site design regulations for the zoning district in which the zoning lot is located.

D.

Setbacks from a private street or driveway. Where a zoning lot [SR] contains two (2) or more principal buildings [SR], the minimum required building setback from all driveways [SR] and all private streets [SR] located on such a zoning lot shall be twenty (20) linear feet, and the minimum required vehicle use area setback from all driveways [SR] and all private streets [SR] located on such a zoning lot shall be eight (8) linear feet.

E.

Vehicle use area street setback exceptions.

1.

Extended setbacks. For a zoning lot within a community facility district, a business district, or an industrial district, which adjoins a residence conservation district or a residence district along the same street frontage, the minimum required vehicle use area setback from the street lot line shall be equal to the minimum required building setback from a street lot line for the adjoining more restrictive zoning district.

Such vehicle use area setback shall extend parallel to the street lot line on such zoning lot for a distance equal to the length of the street lot line along that same street frontage of the adjoining zoning lot within the residence conservation district or the residence district, as applicable.

2.

Existing setbacks. For a zoning lot with existing vehicle use area setbacks of eight (8) linear feet or more from a street lot line [SR] or six (6) linear feet or more from an interior lot line [SR], which were established prior to the effective date of the ordinance from which this title is derived, such setbacks may be maintained or extended along the same street lot line or interior lot line, subject to the provisions of section 19.45.220.

(Ord. No. G37-98, § 1, 1998; Ord. No. G66-94, § 1, 1994; Ord. No. G45-92, § 2, 1992; Code 1976, § 19.12.400)

The following sections shall govern accessory structures and buildings:

A.

Attached accessory buildings. Accessory buildings [SR] which are attached structurally to a principal building [SR] shall be subject to the site design regulations [SR] applicable to the principal building to which the accessory building is attached for the zoning district in which they are located, except as may be specifically provided otherwise.

B.

Detached accessory buildings.

1.

In all residence conservation districts and in the TFR Two (2) Family Residence District, a detached accessory building may be located a minimum of three (3) linear feet from an interior lot line [SR] and shall be located a minimum of ten (10) linear feet from an alley [SR].

2.

In the residence conservation districts, an existing detached garage which is nonconforming with regard to setbacks from interior lot lines may be rebuilt or expanded. A nonconforming building line located along an interior lot line may be extended to a total length of no more than twenty-four (24) linear feet. The rebuilding or expansion of an existing nonconforming garage must comply in all other respects with all applicable codes and ordinances.

3.

In all residence conservation districts, in all residence districts, and in the CF Community Facility District, detached accessory buildings shall be located a minimum of four (4) linear feet from the nearest wall of another building. In all other zoning districts, detached accessory buildings shall be located a minimum of ten (10) linear feet from the nearest wall of another building.

C.

Height of accessory structures and buildings.

1.

In all residence conservation districts, in all residence districts, and in the CF Community Facility District, the height [SR] of accessory structures and buildings shall not exceed fifteen (15) linear feet, except as may be specifically provided otherwise, and except that in those zoning districts overlaid with the HP Historic Preservation District, such accessory structures and buildings shall not exceed twenty-five (25) linear feet in height.

2.

In all other zoning districts, the height of accessory structures and buildings shall not exceed the height of the principal building, except as may be specifically provided otherwise.

D.

Accessory building styles and materials. In all residence districts, accessory buildings shall be constructed in a manner consistent with the roof type (gable, gambrel, hip, mansard, etc.) used on the principal building on the zoning lot. If there exists more than one (1) roof type on the principal building the predominant roof type shall be constructed on the accessory building. A minimum one hundred (100) percent of each street facing wall surface and a minimum fifty (50) percent of all other wall surfaces shall be constructed with exterior building materials compatible with the materials used on the principal structure (as approved by the development administrator).

(Ord. No. G70-03, §§ 1, 2, 2003; Ord. No. G66-94, § 1, 1994; Ord. No. G45-92, § 2, 1992; Code 1976, § 19.12.500)

The following sections shall govern obstructions in yards:

A.

View obstructions. Line of sight control areas shall be maintained at the intersections of all streets [SR], streets and alleys [SR], streets and driveways [SR], streets and approaches, and driveways or approaches, and sidewalks. A line-of-sight control area shall be that portion of a property located within twenty (20) feet of the intersection of two (2) edges of pavement of the intersecting streets, alleys, sidewalks, driveways, or approaches. No visual obstructions that obstruct the vision of drivers, or that obstruct or detract from the visibility or effectiveness of any traffic-control sign or device, and which are between three (3) feet in structure height [SR] and eight (8) feet in height shall be located within the line-of-sight control area. No intersections of alleys, and driveways or approaches shall be required to provide a line-of-sight control area.

B.

Transition landscape yards. The following obstructions shall be the only obstructions which shall be allowed within a transition landscape yard [SR]:

1.

Landscaping: Arbors and trellises ten (10) linear feet in height or less.

2.

Landscaping: Fences and walls [SR].

3.

Landscaping: Landscaping structures, including, but not limited to, lawn furniture, sundials, birdbaths, fountains, and sculptures.

4.

Landscaping: Trees, shrubs, flowers, lawns, and berms.

5.

Landscaping: Pedestrian walkways, steps, stoops and ramps, which are necessary for access to a structure, open to the sky, five (5) feet or less in width, four (4) feet or less in height above the established grade and located one (1) foot or more from the applicable lot line.

6.

Miscellaneous: Treatment, transmission, and distribution facilities for public utilities, poles, wires, cables, conduits, laterals, vaults, pipes, mains, and valves [SR].

7.

Other similar obstructions: Other similar obstructions as approved by the development administrator based on the most similar obstruction enumerated in this section.

C.

Transition yards. The following obstructions shall be the only obstructions which shall be allowed within a transition yard [SR]:

1.

General: Any of the obstructions enumerated in subsection B of this section.

2.

Landscaping: Flagpoles and ornamental lighting.

3.

Parking facilities: Driveways [SR] and private streets [SR], subject to the provisions of chapter 19.45.

4.

Parking facilities: Off-street parking lots, subject to the provisions for land use of the zoning district in which it is located, and subject to the provisions of chapter 19.45.

5.

Other similar obstructions: Other similar obstructions as approved by the development administrator based on the most similar obstruction enumerated in this section.

D.

Street yards. The following obstructions shall be the only obstructions which shall be allowed within a street yard [SR]:

1.

General: Any of the obstructions enumerated in subsection C of this section.

2.

Architectural: Architectural ornamental features of a principal building [SR], sills, belt courses, wing walls, and cornices, encroaching two (2) linear feet or less into the required building [SR] setback [SR] from any lot line [SR].

3.

Architectural: Awnings and canopies only within residence conservation districts and residence districts, encroaching three (3) linear feet or less into the required building [SR] setback [SR] from any lot line [SR] and encroaching zero (0) linear feet into the required vehicle use area setback [SR] from the applicable lot line.

4.

Architectural: Awnings, canopies, and marquees only within community facility districts, business districts, and industrial districts, encroaching zero (0) linear feet into the required vehicle use area setback [SR] from any lot line [SR].

5.

Architectural: Balconies, encroaching zero (0) linear feet into the required building [SR] setback [SR] from any lot line [SR].

6.

Architectural: Bay windows, to a maximum of one (1) story in height, encroaching three (3) linear feet or less into the required building [SR] setback [SR] from any lot line [SR].

7.

Architectural: Chimneys, encroaching two (2) linear feet or less into the required building [SR] setback [SR] from any lot line [SR].

8.

Architectural: Eaves, soffits, gutters, and cantilevers, encroaching three (3) linear feet or less into the required building [SR] setback [SR] from any lot line [SR].

9.

Landscaping: Decks, patios, porches, terraces, or any other similar impervious surface, unless otherwise provided explicitly in this section, open to the sky, encroaching zero (0) linear feet into the required building [SR] setback [SR] from any street lot line [SR] or interior lot line [SR]. No deck, patio, porch, terrace, or any other similar impervious surface shall be used as a vehicle use area [SR]. Any deck, patio, porch, or terrace, exceeding four (4) feet in structure height [SR] shall be considered a balcony.

10.

Miscellaneous: Loading facilities [SR], subject to the provisions for land use of the zoning district in which it is located, and subject to the provisions of chapter 19.47.

11.

Miscellaneous: Security lighting.

12.

Miscellaneous: Signs [SR] which may encroach into the required building [SR] setback [SR] from any lot line [SR], subject to the provisions of chapter 19.50.

13.

Miscellaneous: Treatment, transmission, and distribution facilities, equipment, equipment buildings, towers, exchanges, substations, regulators [SR], encroaching zero (0) linear feet into the required building [SR] setback [SR] from any lot line [SR], and subject to the provisions for land use of the zoning district in which it is located.

14.

Parking facilities: Residential parking areas [SR], subject to the provisions for land use of the zoning district in which it is located, and subject to the provisions of chapter 19.45.

15.

Parking facilities: Equipment for the storage of shopping carts when such equipment is accessory [SR] to a principal use [SR], subject to the provision for land use of the zoning district in which it is located.

16.

Parking facilities: Equipment for the charging of electric vehicles when such equipment is located in conjunction with a lawfully established parking garage [SR], parking lot [SR], or parking structure [SR].

17.

Outdoor facilities: Equipment for the dispensing of fuel and oil at motor vehicle service stations [SR], subject to the provisions for land use of the zoning district in which it is located.

18.

Outdoor facilities: Outdoor eating and drinking facility [SR], subject to the provisions for land use of the zoning district in which it is located.

19.

Outdoor facilities: Outdoor display areas [SR], subject to the provisions for land use of the zoning district in which it is located.

20.

Outdoor facilities: Outdoor display lots [SR], subject to the provisions for land use of the zoning district in which it is located.

21.

Residential: Residential storage of trucks or buses [SR], subject to the provisions for land use of the zoning district in which it is located.

22.

Other similar obstructions: Other similar obstructions as approved by the development administrator based on the most similar obstruction enumerated in this section.

E.

Side yard. The following obstructions shall be the only obstructions which shall be allowed within a side yard [SR]:

1.

General: Any of the obstructions enumerated in subsection D of this section, except bay windows.

2.

Accessory buildings: Accessory buildings [SR] in general, encroaching zero (0) linear feet into the required building setback from an interior lot line [SR], except that in certain specific instances, accessory buildings shall be allowed to encroach into the required building setback from the interior lot line, subject to the provisions of section 19.12.500.

3.

Architectural: Bay windows, encroaching zero (0) linear feet into the required building [SR] setback [SR] from any lot line [SR].

4.

Miscellaneous: Heating, ventilation, and air conditioning equipment, encroaching three (3) linear feet or less into the required building [SR] setback [SR] from an interior lot line [SR].

5.

Outdoor facilities: Commercial operations yard [SR], subject to the provisions for land use of the zoning district in which it is located.

6.

Outdoor facilities: Motor vehicle impoundment yard [SR], subject to the provisions for land use of the zoning district in which it is located.

7.

Outdoor facilities: Motor vehicle recycling yard [SR], subject to the provisions for land use of the zoning district in which it is located.

8.

Outdoor facilities: Recycling center yard [SR], subject to the provisions for land use of the zoning district in which it is located.

9.

Residential: Residential outdoor storage of firewood [SR], encroaching three (3) feet or less into the required building [SR] setback [SR] from an interior lot line [SR], and subject to the provisions for land use of the zoning district in which it is located.

10.

Other similar obstructions: Other similar obstructions as approved by the development administrator based on the most similar obstruction enumerated in this section.

11.

Miscellaneous: Wind energy conversion systems [SR] and wind energy conversion system towers [SR], encroaching zero (0) linear feet into the required building [SR] setback [SR] from an interior lot line [SR], and subject to the provisions for land use of the zoning district in which they are located.

F.

Rear yard. The following obstructions shall be the only obstructions which shall be allowed within a rear yard [SR]:

1.

General: Any of the obstructions enumerated in subsection E of this section, except bay windows.

2.

Antennas: Amateur radio antennas [SR], encroaching zero (0) linear feet into the required building [SR] setback [SR] from an interior lot line [SR], and subject to the provisions for land use of the zoning district in which it is located.

3.

Antennas: Commercial antennas and antenna structures [SR], encroaching zero (0) linear feet into the required building [SR] setback [SR] from an interior lot line [SR], and subject to the provisions for land use of the zoning district in which it is located.

4.

Antennas: Commercial towers and antennas [SR], encroaching zero (0) linear feet into the required building [SR] setback [SR] from an interior lot line [SR], and subject to the provisions for land use of the zoning district in which it is located.

5.

Antennas: Other radio and television antennas [SR], encroaching zero (0) linear feet into the required building [SR] setback [SR] from an interior lot line [SR], and subject to the provisions for land use of the zoning district in which it is located.

6.

Antennas: Other satellite dish antennas [SR], encroaching zero (0) linear feet into the required building [SR] setback [SR] from an interior lot line [SR], and subject to the provisions for land use of the zoning district in which it is located.

7.

Antennas: Radio and television antennas [SR], encroaching zero (0) linear feet into the required building [SR] setback [SR] from an interior lot line [SR], and subject to the provisions for land use of the zoning district in which it is located.

8.

Antennas: Satellite dish antennas [SR], encroaching zero (0) linear feet into the required building [SR] setback [SR] from an interior lot line [SR], and subject to the provisions for land use of the zoning district in which it is located.

9.

Architectural: Balconies, encroaching no more than fifteen (15) feet into the required building [SR] setback [SR] from the rear lot line [SR], for lots with a rear building setback of no less than forty (40) feet; encroaching no more than twelve (12) feet into the required building [SR] setback [SR] from the rear lot line [SR], for lots with a rear building setback of no less than twenty (20) feet and no greater than thirty-nine (39) feet; this requirement being restricted only to those lots that have topography resulting in lookout or walkout basements, and for these accessory structures to be constructed at the main floor level (first floor); and subject to the provisions for land use of the zoning district in which it is located.

10.

Architectural: Pergolas, screened in porches, sunroom additions and retractable awnings that are attached to the principal building; encroaching no more than fifteen (15) feet into the required building [SR] setback [SR] from the rear lot line [SR], for lots with a rear building setback of no less than forty (40) feet; encroaching no more than twelve (12) feet into the required building [SR] setback [SR] from the rear lot line [SR], for lots with a rear building setback of no less than twenty (20) feet and no greater than thirty-nine (39) feet; this requirement being restricted only to those lots that back up to permanent open space; and subject to the provisions for land use of the zoning district in which it is located.

11.

Architectural: Bay windows, to a maximum of one (1) story in height, encroaching three (3) linear feet or less into the required building [SR] setback [SR] from any lot line [SR].

12.

Miscellaneous: Dog runs, encroaching zero (0) linear feet into the required building [SR] setback [SR] from an interior lot line [SR].

13.

Miscellaneous: Emergency shelters, encroaching zero (0) linear feet into the required building [SR] setback [SR] from an interior lot line [SR].

14.

Miscellaneous: Laundry drying equipment, encroaching zero (0) linear feet into the required building [SR] setback [SR] from an interior lot line [SR].

15.

Miscellaneous: Refuse collection area [SR], subject to the provisions for land use of the zoning district in which it is located.

16.

Miscellaneous: In residence districts and residence conservation districts, accessory [SR] refuse containers, encroaching zero (0) linear feet into the required building [SR] setback [SR] from an interior lot line [SR].

17.

Miscellaneous: Playground and recreational equipment and facilities, encroaching zero (0) linear feet into the required building [SR] setback [SR] from an interior lot line [SR].

18.

Miscellaneous: Swimming pools and equipment, encroaching zero (0) linear feet into the required building [SR] setback [SR] from an interior lot line [SR].

19.

Other similar obstructions: Other similar obstructions as approved by the development administrator based on the most similar obstruction enumerated in this section.

(Ord. No. G6-15, 2015; Ord. No. G52-14, 2014; Ord. No. G6-13, 2013; Ord. No. G66-94, § 1, 1994; Ord. No. G41-93, §§ 1—4, 1993; Ord. No. G45-92, § 2, 1992; Code 1976, § 19.12.600)

The purpose and intent of the landscape regulations is to provide for the enhancement of the environmental quality and to foster an aesthetically pleasing development which will protect and preserve the appearance, character, health, safety, and welfare of the community. The landscape and screening requirements are intended to increase the compatibility of adjacent land uses, reduce the impact of noise and artificial light, and promote property values and economic development by enhancing community appearance.

(Ord. No. G37-01, § 1, 2001; Code 1976, § 19.12.705)

Any use or development of the land which is approved as a conditional use or a planned development; and any use or development of the land which requires a vehicle use area landscape yard, an interior landscape yard, and/or a transition landscape yard shall conform to the requirements of this section.

(Ord. No. G37-01, § 1, 2001; Code 1976, § 19.12.710)

All landscape plans submitted for approval shall contain, or have attached thereto, the following information:

A.

The location and dimensions of all existing and proposed buildings and structures, vehicle use areas, roadways and rights-of-way, sidewalks, pathways, refuse disposal areas, bicycle parking areas, playgrounds and recreational equipment and facilities, fences and walls, freestanding and wall-mounted utility equipment, and other structural features as determined necessary by the development administrator.

B.

The location, size, quantity and name (both botanical and common) of all existing and proposed plant materials. Identification of existing plant materials to be preserved and a description of the methods to be used to protect such materials during construction and development. Calculations documenting the required area and dimensions of landscape yards, and the required number and type of plant materials.

C.

The location of buildings, structures and plant materials on adjacent property within fifty (50) feet of the development site.

D.

Specification of the type and location of all pervious ground cover.

E.

Existing and proposed grading of the site, including proposed berming, at one (1) foot intervals.

F.

Elevation drawings of all fences and walls proposed for the development site.

G.

Elevation drawings, cross sections and other details as determined necessary by the development administrator.

(Ord. No. G37-01, § 1, 2001; Code 1976, § 19.12.715)

The purpose and minimum required landscaping for transition landscape yards, vehicle use area landscape yards and interior landscape yards to be installed and maintained on a zoning lot shall be as follows:

A.

Transition landscape yard.

1.

Purpose. The purpose of the transition landscape yard requirements is to provide an effective visual screen between community facility, business or industrial land uses and adjacent residential land uses. The landscape requirements are intended to minimize the impacts of community facility, business and industrial land uses on adjacent residential land uses by providing an effective visual screen that separates the residences from incompatible land uses and related nuisance conditions, creates privacy, diverts or softens glare from artificial light sources, and filters noise.

2.

General requirements. Plant materials, berms, and fences or any combination thereof, installed in transition landscape yards shall provide an effective visual screen between community facility, business, or industrial districts and adjacent residence districts. Plant materials shall be of such size and planted in such a fashion that a visual screen at least fifteen (15) feet in height for shade trees, ten (10) feet in height for conifer and ornamental trees, and eight (8) feet in height for shrubs shall be produced within five (5) growing seasons. The required types and numbers of plant materials may be adjusted if demonstrated that, based on changes in topography between adjoining properties or the growth characteristics of the plant materials, the landscape and screening will meet the purpose of the transition landscape yard requirements.

3.

Transition landscape yard requirements, less than fifty (50) feet. For required transition landscape yards which are less than fifty (50) linear feet in depth, a compact continuous screening hedge comprised of shrubs shall be installed on three and one-half (3½) foot centers and at a minimum of four (4) feet in height along the entire length of the transition lot line, and such hedge shall be maintained at a minimum eight (8) feet in height within the required transition landscape yard. A solid fence eight (8) feet in height may be installed in lieu of or in any combination with the screening hedge, provided the solid fence is not located between the hedge and the transition lot line. Additionally, shade trees shall be installed within the transition landscape yard. The required minimum number of shade trees shall equal the area of the transition landscape yard in square feet divided by one thousand two hundred fifty (1,250). The required minimum number of shade trees can be expressed by the following formula:

ST = TLYA/1,250

A suitable pervious ground cover shall be installed on the entire surface of the transition landscape yard. All fencing and landscaping shall be subject to the provisions of section 19.12.600.

4.

Transition landscape yard requirements, equal to or greater than fifty (50) feet. For required transition landscape yards, which are fifty (50) linear feet in depth or more, the required landscaping shall be installed within the first twenty-five (25) feet of yard depth adjoining the transition lot line in the transition landscape yard. The minimum required number of plant materials shall be calculated based on the land area contained within the first twenty-five (25) feet of transition landscape yard depth as follows:

a.

Shade trees. The required minimum number of shade trees to be installed shall be calculated as follows. Number of shade trees (ST) shall equal the area of the transition landscape yard (TLYA) in square feet divided by one thousand two hundred fifty (1,250). The required minimum number of shade trees can be expressed by the following formula:

ST = TLYA/1,250

b.

Evergreen and ornamental trees. The required minimum number of evergreen or ornamental trees to be installed shall be calculated as follows. Number of evergreen or ornamental trees (EOT) shall equal the area of the transition landscape yard (TLYA) in square feet divided by one thousand two hundred fifty (1,250). One-half (½) of the total number of required evergreen and ornamental trees shall be coniferous. The minimum number of evergreen and ornamental trees can be expressed by the following formula:

EOT = TLYA/1,250

c.

Shrubs. The required minimum number of shrubs to be installed shall be calculated as follows. Number of shrubs shall equal the area of the transition landscape yard (TLYA) in square feet divided by seventy-five (75). One-third (⅓) of the total number of the required shrubs shall be coniferous. The minimum number of shrubs can be expressed by the following formula:

S = TLYA/75

d.

Berms. For transition landscape yards fifty (50) or more linear feet in depth, an earth-mounded berm shall be constructed within the transition landscape yard parallel to the entire length of the transition lot line. The berm may undulate but shall be a minimum of five (5) linear feet in height and shall be a minimum width of thirty-two (32) linear feet at the base. The slope of the berm shall not exceed thirty-three (33) percent.

e.

Ground cover. A suitable pervious ground cover shall be installed on the entire surface of the transition landscape yard.

f.

Location. Required landscaping shall be located to provide the maximum benefit to the residential land uses on the adjacent zoning lot, which adjoins the transition lot line. The designer shall take into consideration the proximity of the adjacent residences and the views from those residences as they relate to perceived nuisance conditions on the existing or proposed community facility, business or industrial property. Such nuisance conditions include, in part, loading berths and loading docks, site lighting, heating and air conditioning equipment, vehicle use areas, outside storage and outside display areas, and refuse collection areas.

B.

Vehicle use area landscape yard.

1.

Purpose. The purpose of the vehicle use area landscape yard is to moderate the visual impact of parking lots and drive aisles by screening them from views from adjoining streets and properties. Plant materials installed within the perimeter landscape yards can also serve to soften glare from artificial light sources and can moderate microclimates by providing shade and a buffer to winds.

2.

General requirements. Plant materials, berms, fences or walls, or any combination thereof, installed in vehicle use landscape yards shall provide an effective visual screen between vehicle use areas and adjoining streets and properties. Substitution for the required types and numbers of plant materials may be allowed or may be required if demonstrated that, based on changes in topography between adjoining streets and properties or the growth characteristics of the plant materials, the landscape and screening will meet the purpose of the vehicle use area landscape yard requirements.

3.

Vehicle use area landscape yard requirements. For required vehicle use area landscape yards, the required landscaping to be installed shall be as follows:

a.

Trees. The minimum number of required trees to be installed shall be calculated as follows. Number of trees (T) shall equal the length of the perimeter of the vehicle use area (VUAP) in linear feet divided by fifty (50). That part of the perimeter of a vehicle use area directly adjoining a building on the same zoning lot shall not be included in the measurement of the perimeter of the vehicle use area. Required trees may be grouped, but there shall not be less than two (2) trees for each side of the vehicle use area. The minimum number of trees can be expressed by the following formula:

T = VUAP/50

Required trees may be shade trees, evergreen trees, or ornamental trees.

b.

Screening. Vehicle use areas shall be effectively screened along fifty (50) percent of each side, excepting that part of any side directly adjoining a building on the same zoning lot. Screening shall be comprised of any combination of plant material, earth-mounded berms, garden walls, or fencing. If plant material is used, the minimum number of required shrubs to be installed shall be calculated as follows. Number of shrubs shall equal the length of the perimeter of the vehicle use area (VUAP) in linear feet divided by two (2); the quotient divided by ten (10); the quotient times three (3) shrubs. The required minimum number of shrubs can be expressed by the following formula:

S = ((VUAP/2)/10) by 3

Required shrubs shall be maintained at not less than two (2) feet in height at any location and not more than three (3) feet in height within any required building setback from a street lot line. Shrubs may be deciduous or coniferous. Required earth-mounded berms, garden walls, and fencing shall be constructed at not less than three (3) feet in height at any location. No chain-link or mesh type of fence with inserted screening slats shall be acceptable in complying with the provisions of this section. In certain unique circumstances, such as unusual site topography, the development administrator may require that shrubs, earth-mounded berms, garden walls, and fencing be constructed or maintained at a greater height.

c.

Ground cover. A suitable pervious ground cover shall be installed on the entire surface of the vehicle use area landscape yard.

d.

Exceptions and clarifications.

(1)

Within the ORI Office Research Industrial District and the GI General Industrial District, no trees or screening need be installed in a vehicle use area landscape yard, or in any portion thereof, which is located within a side yard or a rear yard, except those sides of a vehicle use area, which can be viewed from a public right-of-way, a residence district, a residence conservation district, a community facility district, or a business district.

(2)

Within community facility districts, business districts, and industrial districts, vehicle use areas shall be effectively screened along one hundred (100) percent of each side adjoining a residence conservation district or a residence district, regardless of whether or not such residential or nonresidential properties are separated by a public right-of-way.

(3)

Vehicle use area landscape yards located within parks and golf courses need not install landscaping.

C.

Interior landscape yard.

1.

Purpose. The purpose of the interior landscape yard is to break up and provide visual relief from the mass of pavement associated with a parking lot by dispersing landscape strips and landscape islands throughout the lot. Plant materials installed within interior landscape yards can also serve to soften glare from artificial light sources, moderate microclimates by providing shade, and guide the circulation of vehicles and pedestrians, providing a safe environment for both.

2.

General requirements. The minimum total area of a required interior landscape yard shall not be less than five (5) percent of the total vehicle use area on a zoning lot. No amount of area in a vehicle use area landscape yard, whether required or provided shall be counted as the minimum required area of an interior landscape yard. In order to ensure adequate dispersion, there shall be not less than one (1) separate interior landscape yard for each twenty thousand (20,000) square feet of total vehicle use area on a zoning lot. No required interior landscape yard shall be less than two hundred fifty (250) square feet in area. Interior landscape yards which adjoin a vehicle use area shall be defined by a perimeter six (6) inch by eighteen (18) inch PC concrete reinforced curb.

3.

Interior landscape yard requirements. For required interior landscape yards, the required landscaping shall be as follows:

a.

Trees. The minimum number of required trees to be installed shall be calculated as follows. Number of trees (T) shall equal the required interior landscape yard (ILY) in square feet divided by two hundred fifty (250). The required minimum number of trees can be expressed by the following formula:

T = ILY/250

Required trees may be shade trees, ornamental trees, or evergreen trees.

b.

Shrubs. The minimum number of required shrubs to be installed shall be calculated as follows. Number of shrubs shall equal the required interior landscape yard (ILY) in square feet divided by two hundred fifty (250). The required minimum number of shrubs can be expressed by the following formula:

S = ILY/250

Required shrubs shall be maintained at not less than two (2) feet in height at any location and not more than three (3) feet in height within any required building setback from a street lot line. Shrubs may be deciduous or coniferous.

c.

Ground cover. A suitable pervious ground cover shall be installed on the entire surface of the interior landscape yard.

(Ord. No. G37-01, § 1, 2001; Code 1976, § 19.12.720)

When the calculation of a required number of plant materials results in a requirement of a fractional tree or shrub, any fraction less than one-half (½) may be disregarded and a fraction of one-half (½) or more shall be counted as one (1) tree or shrub.

(Ord. No. G37-01, § 1, 2001; Code 1976, § 19.12.725)

Plants shall meet the standards of the American Standard for Nursery Stock, ANSI Z60.1-1990, American Association of Nurserymen. Plants shall meet all requirements of federal, state, and local law with respect to plant type, labeling, nursery or plant inspection, disease, insect, and other pest infestation, and any other requirements. Plants shall be high quality nursery grown stock. No substandard B grade or park grade plants shall be acceptable. Plants shall have been grown in a climate similar to the city's climate. No plant from a warmer climate shall be acceptable. Plants shall be in a healthy, vigorous condition, free of dead or broken branches, scars that are not completely healed, frost cracks, disfiguring knots or broken or abraded bark. Plants shall have full, even and well-developed branching and a dense, fibrous, and vigorous root system.

A.

Shade trees. At the time of installation, required shade trees shall measure not less than three (3) inches in diameter nor less than ten (10) feet in height, and shall include a minimum of four (4) species with each species accounting for twenty-five (25) percent of the total number of shade trees required to be installed on a zoning lot. The following trees shall not be permitted. American elms, Chinese elms, cottonwood, box elders, silver maples, poplars in variety, willows in variety, or similar fast growing brittle wood species.

B.

Evergreen and ornamental trees. At the time of installation, required evergreen trees shall measure not less than six (6) feet in height. Required ornamental trees shall measure not less than two (2) inches in diameter. Required evergreen and ornamental trees shall include a minimum of two (2) species with each species accounting for fifty (50) percent of the total number of evergreen or ornamental trees required to be installed on a zoning lot.

C.

Shrubs. At the time of installation, required deciduous shrubs shall measure not less than twenty-four (24) inches in height, and required coniferous shrubs shall not be less than eighteen (18) inches in height, except as may be specifically provided otherwise.

D.

Native plant materials. The use of native trees, shrubs and ground cover is encouraged as an alternative to conventional turf grass, ornamental plants, and nonnative trees and shrubs. The use of native landscape materials reduces stormwater runoff by improving soil permeability, reduces maintenance needs of conventional turf grass landscaping such as mowing and irrigation, and provides localized habitats for bird and animal species.

(Ord. No. G37-01, § 1, 2001; Code 1976, § 19.12.730)

Existing vegetation that does not restrict the development of a zoning lot, being of a size and type, and in good health such that it would be an asset rather than detrimental to site development shall be preserved as may be required by the development administrator.

(Ord. No. G37-01, § 1, 2001; Code 1976, § 19.12.735)

Required landscape yards shall be maintained free of litter and weeds, and all dead and unsightly plant material shall be replaced.

(Ord. No. G37-01, § 1, 2001; Code 1976, § 19.12.740)

At no time shall required landscaping be permitted to constitute a traffic hazard.

(Ord. No. G37-01, § 1, 2001; Code 1976, § 19.12.745)

Variations from the site design regulations of this title may be granted only in conformance with the provisions of chapter 19.70. Variations and only in the following instances and no others:

A.

Area, width, and setback. To permit a departure from the required minimum lot area [SR], lot width [SR], setback [SR] or depth of a landscape yard [SR].

B.

Site capacity. To permit an increase of the maximum floor area, building coverage, accessory building coverage, or vehicle use area.

C.

Height. To permit an increase in the required maximum height of a structure or a building. The maximum height of wind energy conversion systems [SR] and wind energy conversion system towers [SR] shall not exceed ten (10) percent of the maximum allowable height of such system or tower. Applications to vary the maximum height of wind energy conversion systems or wind energy conversion system towers shall be accompanied by the following additional information:

1.

Scientific information, including, but not limited to, manufacturer's specifications and warranties, engineer's calculations and drawings and all such technical documents to justify the relationship of the proposed additional height to the efficiency of the particular system to be used.

2.

A site plan, scaled to accurate dimensions, showing the location and height of the proposed facilities with respect to the subject site, as well as all structures within three hundred (300) feet of the subject property.

3.

Mitigation to justify the additional requested height of the wind energy system. For ground-mounted systems, mitigation must be proposed through the use of increased setbacks from all lot lines and a combination of screening and landscape material. For building-mounted systems, mitigation must be proposed through the use of increased setbacks from the edge of the building and adequate screening designed in material, colors and textures similar to those of the building on which the system is installed.

D.

Setback for security fence. To permit the reduction of a required minimum setback for a fence to provide for the construction of a security fence [SR] within a community facility district, business zoning district, or an industrial zoning district. Such security fence shall be an open fence [SR], shall not exceed ten (10) feet in height, and in addition thereto shall not have more than three (3) strands of barbed wire. A security fence shall be screened by plant material, earth-mounded berms, or by any combination thereof. Screening shall be maintained at a height of not less than two (2) feet nor more than three (3) feet within any required setback from a street lot line [SR].

Planting areas shall be maintained free of litter, weeds, and debris, and all dead plant material shall be replaced. The need for such a security fence shall be demonstrated by the findings and recommendations of the police department. No such security fence shall be an obstruction to the view of pedestrians or motor vehicles traveling within the public rights-of-way.

E.

Obstructions in yards. To permit an obstruction in a yard that is otherwise not allowed.

(Ord. No. G52-14, 2014; Ord. No. G37-98, § 1, 1998; Ord. No. G45-92, § 2, 1992; Code 1976, § 19.12.800)

Any requirement, determination, or interpretation associated with the administration and enforcement of the provisions of this chapter may be appealed subject to the provisions of chapter 19.75.

(Ord. No. G45-92, § 2, 1992; Code 1976, § 19.12.900)