Elizabethtown City Zoning Code
GENERAL LANDSCAPE
STANDARDS
§ 154.150 INTENT AND PURPOSE.
The intent of this chapter is to improve the appearance of vehicular use areas (VUAs) and property abutting public rights-of-way; to require buffering and screening between incompatible land uses; to protect, preserve and promote the aesthetic appeal, character and value of the surrounding neighborhood; and to promote public health and safety through the reduction of noise pollution, air pollution, visual pollution, air temperature and artificial light glare.
(Ord. 06-2008, passed 6-16-2008, § 5.0)
§ 154.151 SITES AFFECTED.
(A) New sites. No new site development, building or other structure shall hereafter be constructed or vehicular use area created or used unless landscaping is provided as required by the provisions of the zoning regulations.
(B) Existing sites. No building or vehicular use area shall be expanded, moved or removed and/or reconstructed unless minimum landscaping requirements of the provisions of the zoning regulations is provided for the property to the extent of its alteration or expansion, but not for the entire property, except as hereinafter required.
(Ord. 06-2008, passed 6-16-2008, § 5.1)
§ 154.152 CHANGE IN USE.
No use shall be changed to another use for which the zoning regulations required additional parking over and above the previously required, unless vehicular use area landscaping is provided for the additional parking. This shall apply regardless of whether or not new construction is necessary to meet the parking requirements of the new uses. Where new construction will not be necessary to meet the parking requirements, such additional required parking shall be deemed to be on the perimeter for as much as possible of the existing vehicular use area. Interior landscaping shall not be required where only the use of the property is changed and no new construction or reconstruction of buildings or installation of additional parking is proposed.
(Ord. 06-2008, passed 6-16-2008, § 5.2)
§ 154.153 LANDSCAPING REQUIREMENTS.
Unless otherwise provided, landscaping materials shall be installed to provide a minimum of 50% winter opacity and 70% summer opacity between one foot above the finished grade level to the top of the required planting, hedge, fence, wall or earth mound within four years after installation. The required landscaping shall be provided along the property perimeter in designated landscape buffer areas or adjacent to the vehicular use area as required by the zoning regulations. A planting manual and a plant materials list (Appendix A) provides more detailed information on acceptable an unacceptable plant material.
(Ord. 06-2008, passed 6-16-2008, § 5.3)
§ 154.154 WAIVER FOR DEVELOPMENT PROJECTS.
(A) When a lot is submitted to the Department and the lot is a portion of a larger development project, all perimeter landscaping requirements may be waived along all adjoining property lines within the development project. Perimeter landscaping shall be required along all adjoining property lines of lots which are not a part of the development project, where applicable.
(B) When requesting a waiver for the perimeter landscaping requirements between lots, the following information must be submitted to the Department:
(1) A conceptual design for all pieces of property involved in the development showing the design layout for the entire site;
(2) Proof of single or joint ownership over all property in the development; and
(3) A time frame for completion of the project.
(Ord. 06-2008, passed 6-16-2008, § 5.4)
§ 154.155 PLANTING LOCATIONS.
In situations where a slope occurs along the boundary where perimeter landscaping is required, the required landscape materials shall be placed (in relation to the slope) where they will most effectively screen the more intensive use from the adjoining property.
(Ord. 06-2008, passed 6-16-2008, § 5.5)
§ 154.156 PERVIOUS AREAS.
Grass or ground cover shall be planted on all portions of landscape areas not occupied by other landscape material.
(Ord. 06-2008, passed 6-16-2008, § 5.6)
§ 154.157 ENCROACHMENTS.
When building or paving encroaches into required landscape buffer areas, the overall required area of landscaping shall be maintained. To determine required area of landscape buffer area, multiply required average width by length.
(Ord. 06-2008, passed 6-16-2008, § 5.7)
§ 154.158 EXISTING TREES/LANDSCAPING.
Any existing trees or landscaping that is used to meet the requirements of this subchapter shall be credited towards fulfillment of any landscaping, screening or buffering provisions.
(Ord. 06-2008, passed 6-16-2008, § 5.8)
§ 154.159 PERIMETER LANDSCAPING REQUIREMENTS.
(A) Perimeter buffering required. Perimeter buffering shall be provided at a minimum width as shown in §§ 154.035 through 154.042, 154.055 through 154.075 and 154.085 through 154.091, Perimeter Landscape Buffer Area tables. The Commission may require additional buffering width should it be determined that the minimums are not adequate to buffer highly dissimilar uses. Plantings and other screening shall be provided as shown in §§ 154.035 through 154.042, 154.055 through 154.075 and 154.085 through 154.091, Perimeter Planting Density tables.
(B) Buffering use requirements. Perimeter buffering landscaping is required when dissimilar uses are abutting. Buffering is based on the zoning category in which the use would be permitted. Buffering landscaping shall be required in conformance with the Buffering Requirements tables found in §§ 154.035 through 154.042, 154.055 through 154.075 and 154.085 through 154.091.
(C) Landscaping in easements. The required landscape buffer area may be combined with any easement as long as all easement requirements can be fully met. Otherwise, the landscape buffer area shall be provided in addition to, and separate from, any easement.
(D) Double frontage lots. When the rear wall of any building abuts any collector or arterial street perimeter landscaping shall be required along the rear lot line in conformance with the provisions of the buffering requirements for that zone as found in the Buffering Requirements and Perimeter Planting Density tables in §§ 154.035 through 154.042, 154.055 through 154.075 and 154.085 through 154.091.
(E) Conflicts with utilities. When proposed perimeter screening conflicts with utility installations, the Department may waive the requirement for the use of plant materials only if more substantial screening such as brick, stone or similar walls are constructed at a minimum of six feet in height. Brick or stone columns with fencing materials between the columns may be acceptable.
(Ord. 06-2008, passed 6-16-2008, § 5.9; Ord. 08-2009, passed 7-6-2009)
§ 154.160 INTERIOR AND VEHICULAR USE AREA (VUA) LANDSCAPING.
(A) Landscaping of parking area. A minimum buffer area of ten feet shall be required along all street rights-of-way and common property boundaries. A continuous three foot high planting, hedge shall be located within ten feet of all parking lot pavement. A buffer area that exceeds ten feet in width shall contain three-foot high plantings or serpentine earth mounds along 50% of the boundary. If existing paving is less than ten feet from the property line then additions to the parking area may be made that have the same setback as the existing paving. The reduction in the landscape area shall be calculated and additional landscaping equaling that amount of landscaping area shall be placed elsewhere on site.
(B) Joint driveways and common vehicular use area. Vehicular use area screening shall not be required between a vehicular use area and the adjoining property where a property line divides a driveway used for common access to two or more properties, or when both of the following conditions exist:
(1) VUAs are for the required parking for the properties or the common use of the properties (as substantiated by reciprocal parking and access agreements); and
(2) A final development plan for the properties has been approved.
(C) Interior landscaping for vehicular use areas. An open VUA (excluding loading, unloading and storage areas in any regional commercial, general commercial or industrial zone) shall provide interior landscaping in accordance with § 154.164 Table 1. Interior landscaping shall be peninsular or island types. Where a VUA is altered or expanded to increase the size to areas shown in § 154.164 Table 1, interior landscaping shall be provided to the extent of its alteration or expansion. In industrial zones landscaping, including earth berms, may be placed along the street frontage and may still be counted towards meeting the required VUA landscaping.
(D) Minimum area. The minimum landscape area permitted shall be as found in § 154.164 Table 2, with a four-foot minimum dimension to all trees from edge of pavement where vehicles overhang.
(E) Maximum area. In order to encourage the required landscaped areas to be properly dispersed, required landscaped area shall be as found in § 1154.164 Table 2. In both cases, the least dimension of any required area shall be a four-foot minimum distance to all trees from edge of pavement where vehicles overhang. Landscaped areas larger than above are permitted. However, area in excess of the maximum will not be counted towards fulfillment of VUA landscaping requirements.
(F) Landscape area equivalents. Landscape areas will be calculated, for purposes of meeting square foot requirements, as found in § 154.164 Table 7. Once area equivalents have been met, remaining areas may consist of mulch, turf grasses or groundcovers.
(G) Minimum trees. Trees shall be required as shown in § 154.164 Table 7. Trees shall have a clear trunk of at least five feet above the ground. For the purpose of this subchapter, trees are classified as shown in § 154.164 Tables 4 and 5. Trees of a species whose roots are known to cause damage to public roadways or other public improvements shall not be planted closer than 15 feet to such public improvements.
(I) Species mix. To encourage variation and ensure that an entire landscape is not susceptible to blight, disease or other disaster, the number of species required as part of the required VUA landscaping shall be as found in § 154.164 Table 3. No individual species may exceed 50% of the required number of trees or shrubs for the entire landscape area.
(J) Other materials. All plant material shall be living plants (artificial plants are prohibited) and shall meet the following requirements.
(1) Vines. Vines shall be at least 12 inches high at planting and are generally used in conjunction with walls or fences.
(2) Grass. Grass of the fescue, bluegrass or rye family shall be planted in species normally grown as permanent lawns in the county and may be sod, plugged, sprigged or seeded; except in swales or other areas subject to erosion, here solid sod, erosion reducing net or suitable mulch shall be used. Grass sod shall be clean and free of weeds and noxious pests or disease.
(3) Ground cover. Ground cover such as organic material shall be planted not more than 15 inches on center and in such a manner as to present a finished appearance and have 75% of complete coverage after two complete growing seasons. In certain case, ground cover also may consist of rocks, pebbles, sand and similar approved materials.
(4) Mulch. Mulch may consist of organic and/or inorganic materials such as bark mulches, rocks, pebbles, sand or other similar materials.
(K) Plant quality. Plant materials in conformance with the provisions of the zoning regulations shall conform to the standards of the American Association of Nurserymen and shall have passed any inspection required under state regulations. Bare root plants, with the exception of shrubs, hedges, vines and ground cover shall be prohibited.
(L) Vehicular overhang. Parked vehicles may hang over the interior landscaped area not more than two and one-half feet, as long as concrete curbing or other wheel stops are provided to ensure no greater overhang or penetration of landscaped area.
(M) Maintenance and installation. All landscaping materials shall be installed in a sound, workmanlike manner and according to accepted, good construction and planting procedures. The owner of the property shall be responsible for the continued proper maintenance of all landscaping materials and keep them in a proper, neat and orderly appearance, free from refuse and debris at all times. All unhealthy or dead plant material shall be replaced within one year or by the next planting season, whichever comes first, while other defective landscape materials shall be replaced or repaired within three months. Topping trees or the severe cutting of limbs to stubs larger than three inches in diameter within the tree crown to such a degree as to remove the normal canopy shall not be considered proper or permitted for the maintenance of trees required by the zoning regulations. Violation of these installation and maintenance provisions shall be grounds for the Department to refuse a building occupancy permit, require a replacement of landscape materials or institute legal proceedings to enforce the provisions of the zoning regulations. Whenever the zoning regulations requires a continuous planting or hedge, in addition to accepted planting procedures and size as prescribed elsewhere in the zoning regulations, the landscape materials planted shall be spaced a minimum of 24 inches apart at the time of planting, unless accepted landscaping practice recommends a greater spacing requirement based on growth rates or other conditions.
(N) Special provision, convenience markets, residential storage warehouses. Convenience markets and residential storage warehouses must install the minimum required square feet of interior landscaping. Because of the greater number and intensity of vehicular trips, the landscaping may be placed along the perimeter of the paved areas. All other landscaping requirements remain in effect.
(Ord. 06-2008, passed 6-16-2008, § 5.10; Ord. 26-2011, passed 11-21-2011; Ord. 10-2014, passed 4-7-2014; Ord. 05-2017, passed 6-5-2017)
§ 154.161 PLAN SUBMISSION.
Whenever property is affected by these landscape requirements, the property owner or developer shall prepare a landscape plan for submittal to, and approval by the Department. Landscape plans also may be submitted as part of any development plan required by the Commission. Landscaping plans shall be prepared by a qualified landscape professional unless prior approval from the staff waiving this requirement is granted.
(Ord. 06-2008, passed 6-16-2008, § 5.11)
§ 154.162 PLANTING MANUAL AND PLANT MATERIALS LIST.
Developers shall refer to the planting manual and plant materials list (Appendix A) as a guideline for meeting the provisions of the zoning regulations. Any materials which are not on the plant materials list shall be considered on an individual basis to determine, based on the ability of the unlisted plant to produce an effect similar to listed plants. A plant not on the plant materials list shall be permitted only upon the express approval of the Department.
(Ord. 06-2008, passed 6-16-2008, § 5.12)
§ 154.163 SCREENING REQUIREMENTS (SERVICE STRUCTURES, BASINS AND SATELLITE DISHES).
(A) Screening required. All service structures shall be fully screened except for those associated with one or two-family dwellings, or when located more than 35 feet above the established grade. For the purpose of the zoning regulations, service structures shall include propane tanks, dumpsters, air conditioner units and condensers, electrical transformers and other equipment or elements providing service to a building or site.
(B) Location of screening. A continuous fence or wall shall enclose any service structure on all sides unless such structure must be frequently moved, in which case, screening on all but one side is required. Exception: if the opening of the service structure enclosure is visible from a public right-of-way or public areas of the site, the service structure shall be screened on all sides with a gate enclosing the opening. The average height of screening material shall be one foot more than the height of the enclosed structure, but shall not be required to exceed eight feet in height. Whenever a service structure is located next to a building wall, such wall may fulfill the screening requirements for that side of the service structure if that wall is of an average height sufficient to meet the height requirements set out in the zoning regulations. Whenever service structures are screened by additional plant material, such material may count toward the fulfillment of required interior or perimeter landscaping. No interior landscaping shall be required within an area screened for service structures.
(C) Protection of screening material. Whenever screening material is placed around any trash disposal unit or waste collection unit which is emptied or removed mechanically on a regularly occurring basis, a fixed barrier to contain the placement or the container shall be provided within the screening material on those sides where there are such materials. The barrier shall be at least 18 inches from the material and shall be of sufficient strength to prevent possible damage to the screening when the container is moved or emptied. The minimum front opening of the screening material shall be 12 feet to allow service vehicle access to the containers.
(D) Screening of retention/detention basins. Retention/detention basins shall be screened as follows.
(1) Basins with an overall average water depth of two feet or less shall not require screening.
(2) Basins with an overall average water depth of more than two feet shall be screened by a fence or railing a minimum of four feet in height where they are within five feet of a public street or adjacent to a public sidewalk. If the enclosure is chain link or similar fencing, landscaping shall be installed. If the enclosure is of a decorative material, additional landscaping will not be required.
(E) Screening for satellite dishes. All satellite dishes, larger than two feet in diameter and not mounted on a building or other structure, shall be screened so as to reduce the visual impact of the structure. This may include shrubbery, fencing, trellis or other suitable material. The screening shall be located on three sides while allowing enough area for the dish to rotate within the reception range of satellites that are available at the time of installation of the dish(es).
(F) Screening materials. The screening materials shall consist of the following and are described in more detail in the planting manual and plant materials list available at the Department.
(1) Walls and fences. Walls shall be constructed of natural stone, brick or artificial material arranged in a linear, serpentine or other alignment; fencing may include wrought iron, wood, vinyl, extruded polymer, aluminum or similar materials. Materials other than those noted above require Commission approval before installation. Chain link fencing may not be used to meet the requirements of this chapter. Chain link fencing may be installed in the required landscaped area only if it is in addition to the required continuous planting, hedge fence wall or earth mound. All walls or fences shall have a minimum opacity of 50%. Walls and fences allowed to meet the requirements of this zoning chapter shall not be used for the erection or display of any sign or other advertising device. Columns/posts may include wrought iron, wood, vinyl, extruded polymer, aluminum, brick, natural or cultured stone, split face masonry units or other similar materials.
(2) Earth mounds. Earth mounds shall be physical barriers which block or screen the view similar to hedges, fences or walls. Mounds shall be constructed with proper and adequate plant material to prevent erosion. A difference in elevation between areas requiring screening does not constitute an earth mound.
(Ord. 06-2008, passed 6-16-2008, § 5.14; Ord. 05-2011, passed 2-7-2011)
§ 154.164 LANDSCAPE TABLES.
VUA Size/# of Spaces | Interior Landscape Area | Trees Required | Maximum distance between ILAs |
Less than 5 spaces | 0% | N/A | N/A |
5—10 spaces | 2.5% | 1/250 sq. ft. of ILA | 120 ft. |
11—50 spaces | 5% | 1/250 sq. ft. of ILA | 120 ft. |
51—100 spaces | 7.5% | 1/500 sq. ft. of ILA | 120 ft. |
101+ spaces | 10% | 1/500 sq. ft. of ILA | 120 ft. |
(Ord. 06-2008, passed 6-16-2008; Ord. 26-2011, passed 11-21-2011)