(a)

The city council hereby finds that it is in the best interests of the health, safety, and welfare of the residents of the city that minimum standards be established for landscaping and screening within the city.

(b)

It is the specific intent of the city to:

(1)

Achieve the community wide goal of developing the visual appeal of public and private open space through landscaping improvements;

(2)

Provide buffering between single-family and two-family land uses and multiple-family, office, commercial, industrial, and other land uses;

(3)

Safeguard and enhance property values and to protect public and private investment;

(4)

Preserve and protect the unique identity and environment of the city and preserve the economic base attracted to the city;

(5)

Provide for the preservation of larger existing trees which are a valuable amenity to the urban environment, and, once destroyed, can only be fully replaced after generations;

(6)

Ensure that the local stock of trees and other vegetation is replenished;

(7)

Provide ground water recharge and stormwater runoff retardation, shade, and air purification, while at the same time reducing noise, glare, wind, and heat; and

(8)

Reduce soil erosion and thereby reduce sedimentation of waterways.

(Code 2008, § 17.1110; Ord. No. 09-15, § I(17.1110), 11-2-2009)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abutting means sharing an adjacent property boundary or separated only by an alley, but not separated by a public street.

Alternative compliance procedure means a method by which a property owner may comply with the terms and provisions of this article relating to landscaping and screening by submitting a landscape plan that does not comply with the primary landscaping requirements of the landscaping and screening chapter of the zoning code. Such method involves development and submission of a comprehensive landscape plan for review and approval by the city planning and zoning commission. The method allows for an alternative to the application of the point system hereinafter provided.

Berm means a mound of earth with a maximum slope of 4:1, and a minimum height of three feet. Berms shall be planted with grass and/or other landscaping material.

Deciduous shrub means a lower story plant that generally will not attain a mature height of more than 25 feet and usually has a dense branching pattern which is close to the ground level. Such plants shed their leaves and are dormant during the winter. Any plant that will not attain a mature height of more than one foot will not be regarded as a deciduous shrub.

Evergreen shrub means a lower story plant that generally will not attain a mature height of more than 25 feet and usually has a dense branching pattern which is close to the ground level. Such plants retain their foliage throughout the year. Any plant that will not attain a mature height of more than one foot will not be regarded as an evergreen shrub.

Evergreen tree means a tree that retains its foliage throughout the year, generally develops a pyramidal shape, and grows to a mature height and spread that is greater than any pyramidal shaped evergreen shrubs such as upright Junipers and upright Arborvitae.

Landscape area means an area where trees, shrubs, flowers, lawn or other plantings are provided.

Parkway trees means trees which are planted in the public right-of-way.

Residential district means any of the zoning districts designated as residential.

Shade tree means a deciduous plant which generally creates a tall and wide overhead canopy under natural growing conditions. Shade trees will usually have a single trunk. Such plants will shed their leaves and are dormant during winter.

Transitional buffer yard means a landscaped yard which provides increased compatibility between abutting incompatible land uses.

(Code 2008, § 17.1120; Ord. No. 09-15, § I(17.1120), 11-2-2009)

(a)

Landscaping and/or screening shall be required and plans must be submitted to the city planning and zoning commission for review and approval as follows:

(1)

At the time of application for any and all building permits for new construction of any structure to be used for other than single-family or two-family dwelling units;

(2)

Upon a change in use of property from single-family or two-family residential use to any other use;

(3)

At the time of application for any and all special use permits;

(4)

Upon the submission of a final plat for a commercial or industrial subdivision, which final plat includes thereon and therein one or more new public streets or other public rights-of-way; and

(5)

At the time of application for any and all building permits for the expansion of existing uses, other than single-family and two-family dwelling unit uses.

(b)

The provisions of this article shall apply to all zoning districts, as provided from time to time under the city's zoning code.

(Code 2008, § 17.1130; Ord. No. 09-15, § I(17.1130), 11-2-2009)

(a)

Performance standards. All landscape plans, submitted under this section shall fully meet the following performance standards:

(1)

Landscaping and landscaping materials shall not hinder the vision of motorists and pedestrians necessary for safe movement into, out of, and within the site;

(2)

Landscaping materials must be selected and placed in such a manner that they do not interfere with or damage existing utilities;

(3)

Landscaping materials must be selected and placed so as not to affect the safe and enjoyable use of surrounding properties;

(4)

Landscaping materials must be selected and placed taking into account the ultimate size that will be achieved over time by the landscaping materials selected;

(5)

Landscaping materials with thorns, berries, and other undesirable plant characteristics must be placed to avoid potential harm to persons or property on- and off-site;

(6)

Weak wooded trees may only be used where limb breakage will not cause harm to persons or property.

(b)

Calculation of minimum requirements. Unless otherwise permitted by the alternative compliance procedures of this article, every landscape plan shall include therein street-side landscaping, parking lot landscaping, and traditional buffer yard landscaping as hereinafter provided. The landscaping materials and the quantities and types thereof shall be calculated and determined as follows:

(1)

Street-side landscaping shall be so designed and constructed that the total of all points assigned to the landscaping materials utilized must equal or exceed the number obtained by dividing the lot frontage on the street, measured in linear feet, by two.

(2)

All street-side landscaping must be located in the area between the front lot line (adjacent to the street) and the nearest point of any parking lot, access drive or road, or building on the property. The above described area must be not less than ten feet in depth, notwithstanding the required minimum front yard under the provisions of the particular zoning district.

(3)

Existing parkway trees may comprise up to one-half of the total points that must be obtained through trees where the existing parkway trees are located within ten feet of the front lot line (adjacent to the street).

(4)

Parking lot landscaping shall be so designed and constructed that the total of all points assigned to parking lot landscaping used must equal or exceed the number of parking spaces provided on the property; provided, however, the following additional requirements shall also apply:

a.

Fewer than 100 parking spaces. If the parking lot has fewer than 100 parking spaces, the parking lot landscaping may be placed within an interior curbed parking island and/or within ten feet of the perimeter of the parking lot.

b.

100 or more parking spaces. If the parking lot has 100 or more parking spaces, one-half of the required points assigned to the landscaping materials used must consist of shade trees planted in curbed parking islands within the interior of the parking lot. Parking islands must be protected with concrete curbs, or a functionally equivalent material that has received the prior approval of the city. Landscape timbers, railroad ties, and wood or lumber are not functionally equivalent to concrete curbs, and are not acceptable hereunder.

(c)

Minimum area for planting trees. The minimum area for planting all types of trees within parking lots will be not less than 180 square feet. Shade trees and intermediate trees may not be planted in any area with a width of less than five feet. Evergreen trees may not be planted in any area with a width of less than ten feet. Shrubs may not be planted in any area with a width of less than two feet. The widths of all plantings within curbed parking islands must be measured from the back of the curb.

(d)

Location of parking lot landscaping. The location of the parking lot landscaping will be subject to review and approval by the city.

(e)

Transitional buffer yard. Transitional buffer yards shall be so designed and constructed so that the total of all points assigned to the landscaping materials used therein must equal or exceed the number of linear feet of the length of the transitional buffer yard as measured along the property line separating the residential district or residential use from the property subject to this article. The following additional requirements shall apply to a transitional buffer yard:

(1)

Evergreen materials. One-half of the total points assigned to the landscaping materials used in the transitional buffer yard shall be comprised of evergreen or broadleaf evergreen plantings.

(2)

Depth of yard. The depth of the transitional buffer yard shall be not less than ten percent of the lot width or depth, whichever is applicable, provided that in no event may the transitional buffer yard be less than ten feet. No transitional buffer yard will be required to be more than 25 feet in width or depth.

(3)

Prohibited materials. No aisle ways, driveways, parking areas, refuse containers, service vehicle maneuvering areas, storage, towers, or structures of any form may be located within any transitional buffer yard, except as specifically permitted by this article. If an emergency exit is required by code to be located within the transitional buffer yard, a concrete pad of no more than 23 square feet may be placed at grade level immediately outside of the required emergency exit.

(4)

Utility structures. Utility structures or units are permitted in a transitional buffer yard if properly screened from the adjacent residential property, subject to the review and approval by the city planning and zoning commission. The utility structure must be visually screened with a fence, wall, berm, evergreen planting, or combination thereof, which achieves a substantially solid six-foot visual barrier.

(5)

Screening of activity areas. A visual barrier will be required when all or a portion of the subject site immediately adjacent to the transitional buffer yard is planned to be used for the following activities:

a.

Loading, unloading, or storage of refuse containers/dumpsters;

b.

Storage or display of materials or merchandise;

c.

Loading or unloading of passengers or goods; and

d.

Parking of vehicles.

The above referred to visual barrier shall consist of a fence, wall, berm, evergreen planting, or combination thereof which achieves a substantially solid six-foot visual barrier. If a fence or wall is used to meet this requirement, it must be located between the activity area and the transitional buffer yard.

All plantings used to meet the screening of activity area requirements must be capable of achieving a substantially solid six-foot visual barrier within two years of the date of the issuance of the certificate of occupancy by the city.

(f)

Expansion of existing structures. Where an existing structure, other than a one-family or two-family dwelling, is expanded, the landscaping plan shall include such landscaping materials as are required for new construction, provided that the number of points that must be obtained by the landscaping materials used may be reduced as follows:

(g)

Point system classification. The following points shall be assigned to and shall apply for all required landscaping and landscaping materials:

(h)

Incentive for preserving existing landscaping. Existing landscaping that is in a vigorous growing condition and is not specifically prohibited by this article may be used to meet the point requirements of this article. Furthermore, the following landscaping materials will be awarded five additional points (added to base value) per tree when preserved:

(i)

Incentive for planting larger landscaping. Planting of landscaping materials which are larger than the minimum required sizes specified herein will be rewarded with five additional points (added to base value) per tree when the proposed sizes are as follows:

(j)

Landscaping material.

(1)

Selection. All landscaping materials must be in a healthy, vigorous growing condition. All landscaping materials must be capable of withstanding the extremes of the particular site microclimates.

(2)

Minimum size. All landscaping materials required herein must, at the time of planting, be of the following minimum size:

a.

Shade trees: trunk caliper (diameter) of 2½ inches.

b.

Evergreen trees: six feet in height.

c.

Intermediate trees: single-stem varieties shall have a trunk caliper (diameter) of 1½ inches. Multi-stem varieties shall have a minimum height of six feet.

d.

Shrubs (all): two feet in height or spread.

e.

Trunk caliper shall be measured two feet above the ground.

(3)

Prohibited trees. The following trees may not be used in meeting any of the requirements of this article:

a.

Ailanthus (Tree of Heaven);

b.

Box Elder;

c.

European Mountain Ash;

d.

European White Birch;

e.

Mulberry;

f.

Poplar;

g.

Purple Ash;

h.

Purple-leaf Plum;

i.

Russian Olive;

j.

Siberian Elm;

k.

Silver Maple;

l.

White Ash;

m.

Willow.

(k)

Ground cover and mulching requirements.

(1)

All landscape areas must be planted and maintained with a vegetative ground cover such as sod or seed. Other low growing plants (evergreen or broadleaf plants with a mature height of one foot or less) may also be utilized.

(2)

If low growing broadleaf evergreen plants such as Pachysandra, Vinca Minor, and Purple Leaf Winter creeper are utilized to meet the ground cover requirements, such must be planted together in continuous beds, mulched with shredded hardwood bark or cypress mulch and spaced in such a way that they achieve a substantially continuous ground cover within two years from the date a certificate of occupancy is issued by the city.

(3)

Creeping Junipers must be mulched with shredded hardwood bark, cypress, or gravel mulch and must achieve a substantially continuous ground cover within two years from the date a certificate of occupancy is issued by the city.

(4)

All required shrubs and trees must be mulched and maintained with shredded hardwood bark, cypress, or gravel mulch. Plant groups must be mulched in a continuous bed in which the edge of the mulching bed does not extend any more than four feet beyond the edge of the plantings.

(5)

When required shrubs or trees are planted individually and away from nearby plants, they must be encircled in a mulched area with a diameter of no more than five feet. Evergreen trees may be mulched in a circle with a diameter large enough to accommodate the spread of the tree and up to four additional feet of mulch beyond the edge of the tree.

(6)

All mulch proposed to be placed within or directly adjacent to a parking lot shall be shredded hardwood bark or cypress mulch. Gravel mulch will not be permitted within or directly adjacent to parking lots.

(Code 2008, § 17.1140; Ord. No. 09-15, § I(17.1140), 11-2-2009)

(a)

Application. In lieu of complying with the point system for determining the nature and extent of landscaping and screening required on any property, a comprehensive landscaping plan may be submitted where practical difficulties or a particular hardship exists that renders strict compliance with the point system impossible or impractical.

(b)

Practical difficulty or particular hardship. A practical difficulty or particular hardship exists only where one or more of the following conditions is found to exist:

(1)

The view of the landscaping will be blocked by a change in grade, natural vegetation, or manmade features;

(2)

An existing building or a concrete or asphalt parking lot occupies the area where the landscaping would otherwise be required (except for parking lot landscaping);

(3)

In the case of a transitional buffer yard, the adjacent residentially zoned property has previously been developed with a use other than residential, and the city planning and zoning commission determines that a reduction in the nature and extent of the landscaping and screening will not have a negative impact on the adjacent property;

(4)

In the case of a transitional buffer yard, the adjacent residentially zoned property is vacant and is not proposed to be used for residential purposes in the city's comprehensive plan.

(5)

Economic hardship, standing alone, will not be considered a practical difficulty or a particular hardship.

(c)

Satisfaction of performance standards. Comprehensive landscaping plans submitted under this section must fully achieve the performance standards as contained in section 78-851(a).

(d)

Minor adjustments to existing special uses. Where the holder of an existing special use plans or proposes to make a change to the existing landscape plan, or to its existing landscaping, the owner or holder of the special use may follow the provisions of this subsection:

(1)

Plan submission. When a minor adjustment to the landscaping of an existing special use is planned or proposed, the holder of the special use may either request a public hearing before the planning and zoning commission as to the proposed modification of the existing landscaping plan, or may submit an amended plan to the city for review as provided in this section.

(2)

City authority. The city shall determine whether the proposed adjustment to the landscaping or landscaping plan will have any impact on the special use or surrounding property, other than on the landscaping itself. The city may approve the proposed amendment, or may state that the request must be processed through the planning and zoning commission and city council.

(3)

Planning and zoning commission. Where the holder of a special use elects to request a public hearing before the planning and zoning commission, or where the city requests that the proposed change be processed through the planning and zoning commission, the planning and zoning commission shall hold a public hearing on the proposed change to the landscaping or landscaping plan.

(4)

Public hearing. The planning and zoning commission shall, when requested by the holder of a special use or the city, hold a public hearing on any proposed modification of the landscaping or landscaping plan to an existing special use. The hearing shall be open to the public, and shall be held after notice of such hearing is given by one publication in the city at least 15 days before the time of the hearing. The notice of public hearing shall state the time, place, and date of the public hearing, the purpose of the public hearing, and contain a correct description of the property that is subject to the existing special use.

(5)

Planning and zoning commission recommendation. After the conclusion of the public hearing, the planning and zoning commission shall make its recommendation as to the granting or denying of the proposed change to the existing landscaping plan or landscaping of an existing special use to the city council. That recommendation shall be made in writing and forwarded to the city council by the planning and zoning commission. The recommendation shall contain findings of fact and shall contain an explicit recommendation for approval or denial of the proposed change to the landscaping or landscaping plan for the existing special use.

(6)

City council action. The city council shall have final authority to approve or deny the change to the landscaping or landscaping plan for an existing special use. The city council, at a regularly or specially held meeting thereof, shall approve or deny the request for the change after having considered the planning and zoning commission's recommendation.

(Code 2008, § 17.1150; Ord. No. 09-15, § I(17.1150), 11-2-2009)

(a)

Responsibility. The owner of property subject to a landscaping plan shall be responsible for the maintenance, repair, and replacement of all landscaping, landscaping materials, fences, and other visual barriers, including, but not limited to, refuse disposal area screens.

(b)

Plant materials. All required landscaping materials must be maintained in a healthy, vigorous growing condition, and neat and orderly appearance. Landscaping materials must be replaced as necessary, and must be kept free of refuse and debris.

(c)

Fences and walls. All fences, walls, and other barriers must be maintained in good repair, such that same are at all times structurally sound and attractive in appearance. All fences must have the finished face directed toward residential property, where a residential property is adjacent to or separated only by a public or private street or right-of-way.

(Code 2008, § 17.1160; Ord. No. 09-15, § I(17.1160), 11-2-2009)

(a)

Refuse disposal area screens. All refuse disposal areas must be landscaped and otherwise screened on four sides (including a gate for access) by a solid, commercial-grade wood fence, wall, or equivalent material with a minimum height of six feet.

(b)

Mechanical equipment screens. All rooftop and ground level mechanical equipment and utilities must be fully landscaped or otherwise screened from view of any street or residential zoning district as seen from six feet above ground level.

(c)

Screening for scrap, junk, salvage, reclamation, or similar yards. Any scrap, junk, salvage, reclamation or similar yard, or any auto salvage yard must provide a solid fence or wall with only such openings as are necessary for ingress or egress. Said fence or wall shall be located as otherwise required in this code unless same is located adjacent to a nonresidential property, in which case it shall be located as near to the lot line separating the properties as shall be possible. Said fence or wall shall be maintained in good repair and in a neat and orderly appearance and shall be of such height that any materials stored within the confines of the fence cannot be seen above a line of sight established between a point 4½ feet above the centerline of the street nearest to that fence, and the top of said fence.

(Code 2008, § 17.1170; Ord. No. 09-15, § I(17.1170), 11-2-2009)

The landscaping plan must contain all of the information required in this article. Landscaping and screening must be completed prior to issuance of a certificate of occupancy, unless an escrow agreement is approved by the city.

(1)

Content of landscaping plan. The following information must be shown on all landscaping plans:

a.

North arrow, scale, date of preparation and date of revisions, name and address of designer or drafter;

b.

Location of all buildings, structures, and pavement that are proposed or will remain on the site;

c.

Location of all existing or proposed watercourses, ponds, lakes, or other bodies of water;

d.

Location, size, and common name of any existing trees or shrubs that are to be preserved;

e.

Location of all landscaping and landscaping materials that are proposed for the site, including any trees, shrubs, ground cover, ornamental grasses, and flower beds, identifying thereon the name and type of each such tree, shrub, ground cover, or ornamental grass;

f.

Location of any existing or proposed signs, walls, fences, berms at one-foot contour intervals), site furniture, lights, fountains, and sculptures;

g.

Location of all property lines;

h.

Location of all curb lines for existing and proposed streets, alleys, and parking lots;

i.

Location of all sidewalks, existing or proposed for the site, or that currently adjoin the site;

j.

Comprehensive plant list that describes the common name, quantity, and size for each proposed plant that is shown or described in the landscaping plan;

k.

Such other additional information as may be required by the city planning and zoning commission to adequately review the landscaping plan.

(2)

Alternative compliance procedure. The landscaping plan must clearly indicate on the face thereof that the landscaping plan is being submitted under the alternative compliance procedures of this code, or the landscaping plan will be reviewed for compliance with the primary landscaping requirements.

(3)

Installation of landscaping. All landscape plans must be approved as provided in this Code prior to the installation of the landscaping or landscaping materials.

(Code 2008, § 17.1180; Ord. No. 09-15, § I(17.1180), 11-2-2009)

(a)

Variances as described in this chapter may be permitted by the planning and zoning commission in appropriate cases, subject to the legislative intent specified in the zoning code, and the standards established by that code. In all cases the scope of authority which the planning and zoning commission shall have to grant landscaping and screening variances from the provisions of this chapter is limited to those as permitted by state statute.

(b)

In addition to any power herein granted to the planning and zoning commission, the corporate authorities reserve and retain the power to determine and vary by ordinance the application to the landscaping and screening regulations herein contained in harmony with their general purpose and intent in cases where there are practical difficulties or particular hardship in the way of carrying out the strict letter of any of those regulations. No such variance shall be made by the corporate authorities without a hearing before the planning and zoning commission.

(Code 2008, § 17.1190; Ord. No. 09-15, § I(17.1190), 11-2-2009)

(a)

In addition to other remedies and penalties provided, the city attorney is authorized to file appropriate civil actions for temporary restraining order, temporary injunction, permanent injunction, or for damages against any person violating this article.

(b)

When the existence of a violation of this article is brought to the attention of the city administrator, he shall cause an inspection investigation to be made by the appropriate agencies to determine whether or not a violation has occurred, and the nature and extent of the violation.

(1)

If, after inspection and investigation, the city determines that a violation of this article has occurred, the city shall cause a notice in writing to be served upon the person who is responsible for the existence of the violation. Notice may be served by mailing a copy thereof to the last known address of the person who is responsible for the existence of the violation, return receipt requested, or may be personally delivered by a representative of the city. The notice shall indicate the date of the inspection and investigation, and the nature and extent of the violation.

(2)

The notice shall grant a reasonable period of time within which to restore or replace the landscaping material, and/or correct any violation found to exist. If said violation is not corrected within the given period of time, the violation may be abated or corrected by the city under the direction of the building inspector, and the cost of so doing shall be collected from the person who is responsible for the violation, with a penalty of ten percent of such costs in an appropriate court of competent jurisdiction.

(Code 2008, § 17.1200; Ord. No. 09-15, § I(17.1200), 11-2-2009)