The purpose of the provisions of this article is to improve and enhance the city's appearance, visual character, environmental quality and economic viability for the benefit of the entire community. These regulations will achieve this purpose by utilizing landscaping to break up the mass of buildings, soften architectural materials, provide screening for service areas, enhance the streetscape, define building and parking area entrances and provide buffers between less compatible uses. The standards required herein will aid in stabilizing the environment's ecological balance by contributing to the processes of air movement, air purification, oxygen regeneration, groundwater recharge, and stormwater runoff control, while at the same time aiding in noise, glare, heat and dust abatement.

(Code 1985, § 10-14-1)

An approved landscape plan shall be required with any of the following:

(1)

Site development plan applications submitted pursuant to section 70-468(1) or (2).

(2)—(4)

 Reserved.

(5)

An increase of ten percent or more in parking lot area.

(Code 1985, § 10-14-2; Ord. No. 10-14, § 3, 9-21-2010)

(a)

The planning and zoning commission shall review landscape plan applications required by section 70-507(1) and (2) and shall forward a recommendation to the city council of approval, approval with conditions or denial. The city council shall consider such landscape plan applications and shall make a decision of approval, approval with conditions or denial of the plan.

(b)

Any recommendation or decision of the planning and zoning commission and city council on the landscape plan shall be stated in the resolution and shall include the reasons for such decisions.

(c)

The city manager or designee shall review landscape plans for those applications listed in section 70-507(3), (4) and (5), and shall make a decision of approval, approval with conditions or denial of the plan. An applicant may appeal the decision of the city manager or designee to the city council by submitting a written request to the city clerk within 14 calendar days of the decision of the city manager or designee stating the reasons why the appeal is requested. Such request shall include 14 copies of the landscape plan or such number and size as determined by the city manager or his designee. The city council shall conduct a hearing on the appeal based upon the record presented to the city manager or designee and shall render a decision therein within 30 calendar days of receipt by the city clerk of the request appeal.

(d)

Appeals of the decision of the city council shall be made to county district court pursuant to Colorado Rules of Civil Procedure Rule 106(a)(4).

(e)

Approval of a landscape plan shall not be deemed to constitute an approval or waiver of any of the provisions of this Code.

(f)

Qualitative and/or quantitative requirements (not related to setbacks, height, signage requirements and number of parking spaces) of the landscape plan may be waived by the approving authority upon a finding that there are practical constraints or difficulties related to the site that prevent full compliance with the provisions of this article, and if the general purpose of this article is otherwise maintained.

(Code 1985, § 10-14-3)

(a)

Minor modifications of previously approved landscape plans may be administratively authorized and approved by the city manager or designee, provided that such minor modification meets the standards and criteria established in this article. Modifications other than minor modifications shall be processed and acted upon as new applications for approval of landscape plans.

(b)

The term "minor modifications," for the purposes of this article, shall be defined as any proposed modification which:

(1)

Does not involve a decrease in the total percentage of the approved landscaped area to that below the minimum allowed.

(2)

Does not result in less than the minimum requirement for perimeter or buffer landscaped area.

(3)

Does not result in a change in landscaping materials that are dissimilar in the volume of the original approval.

(4)

A change altering any condition required by the city manager or designee, planning and zoning commission and/or city council.

(5)

Does not involve a change that alters the drainage patterns or grading plans.

(c)

An applicant for a minor modification may appeal the decision of the city manager or designee to the city council by submitting a written request to the city clerk within 14 calendar days of the decision of the city manager or designee, stating reasons why the appeal is requested. Such request shall include 14 copies, or such number and size as determined by the city manager or his designee, of the proposed modifications.

(Code 1985, § 10-14-4)

(a)

The following procedure shall apply to all landscape plan applications except those submitted pursuant to section 70-507(3) and (4):

(1)

The applicant shall meet with the city manager or designee at an initial meeting to discuss the general requirements for the landscape plan.

(2)

After this initial meeting, the applicant shall submit to the city manager or designee a submittal for preapplication review to include ten copies, or such number and size as determined by the city manager or his designee, of the written and graphic proposal for distribution to affected city departments.

(3)

The city manager or designee will meet with the applicant for a preapplication meeting within 14 calendar days after the preapplication submittal to discuss the specific application submittal requirements and any issues the city may have based upon the preliminary submittal.

(4)

A complete application to include an application form, fee, proof of ownership or owner's authorization, legal description of property, improvement location certificate or boundary survey, if available, and ten copies, or such number and size as determined by the city manager or his designee, of a 18-inch by 24-inch landscape plan shall be submitted for initial review along with any other submittal requirements as determined by staff during the pre-application review. All department directors shall review the application submittal for completeness within seven calendar days. At the end of this time period, the city manager or designee shall notify the applicant whether the application is accepted as complete. Minimum required margins for all pages of a landscape plan are:

Left: 2 inches

Right: ½ inch

Top: ½ inch

Bottom: ½ inch

(5)

Where applicable, at the time of application acceptance, the date for the planning and zoning commission consideration shall be scheduled for the next available regularly scheduled meeting, provided that there is sufficient time for review.

(6)

Once the application is accepted, department directors shall review the application and make written comments within 30 calendar days. The city manager or designee shall prepare written comments and shall meet with the applicant to discuss all comments.

(7)

A meeting will be scheduled before the planning and zoning commission where the applicant, staff and any interested parties shall present information for consideration of the plans. The planning and zoning commission shall approve, approve with conditions or deny the landscape plan if the plan is required by section 70-507(1); or forward recommendations to city council if the plan is required by section 70-468(3).

a.

At least seven calendar days prior to the hearing, 22 copies, or such number and size as determined by the city manager or his designee, of the landscape plan shall be submitted.

b.

At the meeting, the applicant, staff and any interested parties shall present testimony for consideration.

(8)

The planning and zoning commission's recommendation with respect to landscape plans required by section 70-468(3) shall be forwarded to the city council to be considered concurrently with the application for a conditional use.

(9)

If approved, the applicant shall submit one signed mylar and ten signed copies, or such number and size as determined by the city manager or his designee, and one electronic copy, in a format determined by the city manager or his designee, of the landscape plan to the city manager or designee within 30 calendar days of the approval.

(b)

For landscape plans required by section 70-507(3) and (4), the following procedure shall apply:

(1)

The applicant shall meet with the city manager or designee at an initial meeting to discuss the general requirements for the landscape plan.

(2)

A complete application to include an application form, proof of ownership or owner's authorization, improvement survey or boundary survey if available, and two copies of a 18-inch by 24-inch landscape plan shall be submitted for review. In addition, any copies of any special agreements, conveyances, restrictions, or covenant that will govern the use, maintenance and continued protection of the property shall be required. Minimum required margins for all pages of a landscape plan are:

Left: 2 inches

Right: ½ inch

Top: ½ inch

Bottom: ½ inch

(3)

The city manager or designee shall review the application within 14 calendar days. At the end of this time period, the city manager or designee shall notify the applicant whether the application is approved, approved with conditions or denied. It is the intent of this administrative review to recognize that flexibility of criteria will be necessary due to the constraints of existing conditions.

(4)

If approved, the applicant shall submit one signed mylar and ten signed copies, or such number and size as determined by the city manager or his designee, and one electronic copy in a format determined by the city manager or his designee, of the landscape plan to the city manager or designee within 30 calendar days of the approval.

(Code 1985, § 10-14-5; Ord. No. 10-06, §§ 8, 9, 4-20-2010)

The proposed landscape plan shall be prepared by a registered architect, landscape architect, registered land surveyor, or professional engineer except that this requirement may be waived by the city manager or designee for projects that are not so complex that the use of the registered or licensed professionals is necessary to enable the city manager or designee and/or the planning and zoning commission to make a decision that complies with the requirements set forth in this article. The landscape plan shall be prepared at a scale of not less than one inch equals 50 feet and on a sheet size of 18 inches by 24 inches. Minimum required margins for all pages of a landscape plan are:

Left: 2 inches

Right: ½ inch

Top: ½ inch

Bottom: ½ inch

The plan shall contain the following information:

(1)

Date, north arrow, written and graphic scale, name and address of project, parcel size and legal description.

(2)

The property lines and dimensions.

(3)

The location, size and surface materials of all structures, topographic contours, parking areas, sidewalks, stormwater detention areas, signs and other manmade elements.

(4)

The location, type, size and quantity of major existing plant material to remain on site.

(5)

The location, type, size and quantity of proposed plant and other landscaping materials. Common and botanical names shall be noted adjacent to all plant materials or by use of a key and legend.

(6)

Location and type of irrigation system.

(7)

Vicinity map of the areas surrounding the site for one-half mile.

(8)

Landscape maintenance note to include requirements of section 70-513.

(9)

Signature blocks for the property owner and the city manager or designee, the planning and zoning commission or the city council dependent on the approving authority.

(Ord. No. 10-06, § 10, 4-20-2010)

Editor's note— Ord. No. 10-06, § 10, adopted Apr. 20, 2010, repealed the former section and enacted a new one as set out herein. The former section pertained to similar subject matter and derived from Code 1985, § 10-14-6.

The city manager or designee, the planning and zoning commission and/or city council shall review the landscape plan to determine if the proposed plan is in conformance with the following standards and criteria:

(1)

General requirements.

a.

Landscaping shall include any combination of grass, flowers, shrubbery, deciduous and coniferous trees, succulents, cacti, xeriscape, ground cover, bark, rock or ornamental objects as listed on the approved city landscaping materials list. For the purposes of this article, ground cover shall include all kinds of plants, other than turf grass, that creep, clump, mat, or vine to cover, conceal and create a thick, low maintenance covering that binds the soil, normally reaching a maximum height of not more than 24 inches at maturity. No artificial trees, shrubs, turf or plants shall be used to fulfill the minimum requirements for landscaping.

b.

All required open space areas or areas not covered by parking areas or structures shall be landscaped.

c.

All portions of landscaping areas not planted with shrubs and trees shall be planted with grass or ground cover or decorative rock.

d.

All landscaped areas are to be automatically irrigated by an underground system providing 100 percent irrigation coverage.

e.

All landscaped islands or areas shall be curbed unless this requirement is waived for drainage purposes. The curbing requirement for landscaped areas adjacent to public walkways may be waived if it can be demonstrated that an erosion and/or drainage problem will not occur.

f.

The maximum slope of all sodded or seeded slopes shall not exceed three horizontal feet for every one vertical foot.

g.

The maximum of all slopes in landscape areas shall not exceed two horizontal feet for every one vertical foot and shall require riprap or other slope armoring features.

h.

Slopes steeper than two to one shall be retained with appropriate walls.

i.

Stormwater detention areas shall be landscaped and shall be physically, functionally and visually integrated into adjacent landscape areas. Only plants that are adapted to temporary flooding may be planted below water level. Trees and other voluminous or spreading shrubs shall not be allowed unless at maturity such trees and shrubs will not cause the detention area to detain less than otherwise required by this Code.

(2)

Minimum planting sizes.

a.

Deciduous trees shall measure a minimum of two inches in caliper at a height of six inches from the finished elevation in the area planted.

b.

Evergreen trees shall measure a minimum height of six feet from the finished elevation in the area planted.

c.

Shrubs shall be a minimum of five-gallon size.

d.

Ground covers and/or vines shall be a minimum size of one gallon.

e.

Rock and stone shall be a minimum of three-quarters-inch in size, and poured to a minimum depth of three inches over a minimum ten-mil plastic ground cover.

(3)

Open space landscape area.

a.

A landscaped open space area of at least 20 percent of the gross area of the site shall be required in all commercial and industrial zoning districts. All landscaping in parking areas, buffer areas and perimeter landscaping shall be eligible to meet this requirement.

b.

Open space area landscaping shall include at least two trees and four shrubs for each 1,000 square feet of landscaped area.

c.

Stormwater detention areas may fulfill up to one-half of the open space area requirement, provided that the area, and subject to the provisions of section subsection (1)a of this section, contain at least two trees and four shrubs for every 2,000 square feet of area and provided that the landscaping does not interfere with stormwater detention. Voluminous trees and spreading plants shall not be placed in detention ponds.

(4)

Public right-of-way landscape area.

a.

The area within 20 feet of abutting public streets (as measured from the curb or edge of pavement) shall be landscaped.

b.

Public right-of-way landscape areas shall include at least one tree and four shrubs for every 40 lineal feet of street frontage. The required trees and shrubs may be grouped in areas, provided that the total number of trees and shrubs is based upon the lineal requirement and provided that the authority controlling the right-of-way has no objection.

c.

Trees adjacent to right-of-way shall be planted a minimum distance of five feet and a maximum distance of 15 feet from the curb and shall not interfere with the placement of sidewalks.

(5)

Buffer landscape area.

a.

A buffer landscape area of at least ten feet in width shall be provided on nonresidential and multifamily property located adjacent to residentially zoned or utilized land.

b.

A buffer area of at least 20 feet in width shall be provided on industrial uses adjacent to all surrounding property.

c.

Buffer area landscaping shall include at least one tree for every 20 lineal feet.

(6)

Parking lot landscape area.

a.

An area or combination of areas equal to ten percent of the total parking lot area shall be landscaped if the lot contains 15 or more spaces. The public right-of-way landscape areas or buffer landscape areas shall not be utilized to contribute to the ten percent minimum requirement.

b.

A landscape island with a minimum width of six feet and 18 feet in length shall be provided at least every 15 parking spaces for parking rows that exceed 20 consecutive spaces.

c.

The end of all parking rows shall be divided from the primary drive aisle by landscape islands a minimum width of six feet and 18 feet in length for the entire length.

d.

Landscape islands shall be planted with a minimum of one tree and two shrubs per island. If the island is larger than 108 square feet, landscaping shall include one additional tree and two shrubs for every 108 square feet or fraction thereof.

e.

Plant materials other than groundcover shall be set back a minimum of three feet from the curb adjacent to parking spaces to avoid damage from overhanging car bumpers or doors.

f.

A landscaped area of at least six feet in depth shall be located between abutting property lines and the parking, loading, or other vehicular use area, except where permitted driveway openings are to be provided.

g.

A landscaped median with a width of at least six feet shall be located between every six rows of parking bays in lots containing more than 100 parking spaces. There shall be at least one deciduous tree and four shrubs for every 40 lineal feet of median.

(7)

Restricted planting areas.

a.

To preserve sight lines, an unobstructed view shall be maintained in compliance with the standards and specifications for the design and construction of public improvements.

b.

Evergreen trees shall not be planted at any location where they cast winter shade onto a public roadway inhibiting ice and snow melt.

c.

Trees and deep root shrubs shall not be placed on any water or sewer easement. Sod, xeriscape, shallow root plants and hardscape materials may be placed in the easement area upon approval by the affected utility departments.

d.

Landscaping materials shall be planted so that at maturity they do not interfere with service lines, sight triangles, or adjacent property, fire hydrants or electric facilities.

e.

Trees planted near public curbs should have deep root structure and shall be installed in such a manner as to prevent physical damage to sidewalks, curbs, gutters and other public improvements. Spreading, shallow root structure vegetation in these areas is not allowed.

f.

Modifications to adopted review criteria shall be made in consideration of preserving visibility of retail signage and retail businesses within a commercial center. Where possible, smaller, or more narrow-growing trees and shrubs should be used to preserve retail business and signage visibility. Where not possible, substitutions shall include replacing the requirement of one tree with three shrubs and the requirement of one shrub with three groundcover plants.

(Code 1985, § 10-14-7; Ord. No. 10-09, § 16, 7-6-2010; Ord. No. 21-10, § 1, 9-7-2021)

(a)

The owner of the property, his successors, heirs and assigns shall be responsible for the property maintenance of the area subject to an approved landscape plan. The maintenance provision of this section shall also apply to existing development and vacant properties.

(b)

Landscaping shall be continuously maintained including necessary watering, weeding, pruning, pest control, and replacement of dead or diseased plant materials. Replacement of landscaping shall be of the same type of plant material as set forth in the approved landscape plan. Replacement shall occur in the next planting season, but in any event, such replacement time shall not exceed 180 days.

(c)

Trees and shrubs shall not be allowed to overhang or encroach upon walkways, drives, parking areas, adjacent property, traffic signs, sight triangles, fire hydrants, utility easements, aboveground utility service lines or facilities to the extent that they interfere with the use of these areas.

(d)

Where the property is adjacent to a public street and the landscaping is in the public right-of-way, the property owner is responsible for the installation and maintenance of the landscaping from the back of the curb.

(e)

Nonliving landscape features and ornaments shall also be maintained by repairing broken features and repainting as necessary.

(f)

Tree limbs, which overhang public sidewalks, shall be kept trimmed to a height of at least eight feet above the sidewalk level. Tree limbs, which overhang the street, shall be kept trimmed to a height at least 20 feet above the street level.

(Code 1985, § 10-14-8)

(a)

No building permit shall be issued for any structure subject to the provisions of this article without first obtaining the approval of the landscape plan from the city manager or designee, the planning and zoning commission or city council as may be appropriate.

(b)

All landscaping required by this article shall be installed prior to the issuance of a certificate of occupancy. However, if all conditions necessary for issuance of a certificate of occupancy are met except landscape improvements, and the reason for not finishing these landscape improvements is because completion of construction occurred outside of planting season, a temporary certificate of occupancy may be issued if cash or certified funds equal to 110 percent of the cost of the landscaping, as determined by the city manager or designee, is deposited with the city ensuring such installation within six months of occupancy.

(c)

Breach by the property owner of the obligation to maintain the landscaping in accordance with the approved landscape plan shall be deemed a nuisance and shall be subject to the following actions in addition to sanctions for violations of this Code:

(1)

The city shall notify the property owner in writing of said violation and of a 30-day period in which to rectify the violation.

(2)

Within 30 days after notification of such violation, the property owner shall rectify the violation. Upon completion of any required corrections, the property owner shall notify the city in writing that the corrections have been made.

(3)

Failure of the property owner to rectify the violations within 30 days shall be cause for the city to correct the violation at a cost to be billed to the property owner. The cost shall include materials, labor and administrative functions.

(Code 1985, § 10-14-9)

If a building permit is not issued within one year after the date of approval of the landscape plan, the plan shall expire and be considered null and void unless extended. An extension may be granted after a written request is reviewed and approved by the planning and zoning commission.

(Code 1985, § 10-14-10)

The purpose and intent of this article is to protect the health, safety and welfare of the citizens by regulating the construction of fences and retaining walls within the city.

(Code 1985, § 10-11-1)

This article shall govern and control the uses and construction of fences and retaining walls within the city.

(Code 1985, § 10-11-2)

A building permit must be obtained prior to the construction of any fence or retaining wall. A drawing shall be submitted with the permit application showing the location and type of fence or retaining wall to be erected. The property owner shall be responsible for installing fences and retaining walls on or within the owner's property unless otherwise approved by the building official and other property owners.

(Code 1985, § 10-11-3)

(a)

Fence classification.

(1)

Masonry walls.

(2)

Ornamental iron.

(3)

Woven wire.

(4)

Wood picket (more than 50 percent open).

(5)

Solid wood or metal fences (less than 50 percent open).

(6)

Hedges or shrubbery.

(b)

General requirements; all zoning districts.

(1)

No sharp-pointed or electrically charged fences are permitted.

(2)

Retaining walls over three feet in height that are accessible by the general public shall be designed by an architect or civil or structural engineer licensed in the state.

(3)

Retaining walls shall be required whenever the slope of the ground surface exceeds one foot of drop for each three feet of distance on such ground surface. Retaining walls shall be constructed in accordance with all requirements of the city building code.

Exception: Slopes of two to one are permitted when they are in conformance with section 70-512.

(4)

To preserve sight lines at driveways and corner lots, all fences must be constructed in compliance with the standards and specifications for the design and construction of public improvements.

a.

Two of the sides of the triangle shall be formed by the boundary lines of each of the respective intersecting streets and the lot, the intersection of each such side of the triangle being 30 feet in length. The base side of the triangle shall cross the lot from the ends of the two sides described above.

b.

Classes 2 and 3 fences and split-rail fences with two four-inch rails not exceeding a height of 42 inches may, upon approval of the building official, be permitted in this area.

(5)

In R-3, C-1, I-1 and P-1 districts, fences constructed at the edge of parking spaces or if parking spaces are constructed next to fences, wheel stops six inches high shall be installed at a minimum distance of four feet from the fence. Wheel stops shall be securely anchored to the ground.

(6)

Fences erected atop retaining walls shall not exceed a height of six feet from the high side of the grade.

(7)

Fences subject to the front setback area may be of any class but shall not exceed a height of 42 inches. Fences erected in other areas shall not exceed a height of six feet. Fences in the R-1, R-2, R-3, R-4, R-5, C-1 and I-1 Zone Districts, may be constructed within the properties designated side or rear setback areas.

(8)

Barbed wire is prohibited except by special permit from the city council. The city council may permit the installation of barbed wire to fences after consideration of the land use in the area, general safety provisions, location of public sidewalks and rights-of-way, and aesthetic impact. In addition, permits shall be approved with the following conditions:

a.

In residential zones barbed wire shall be permitted only to secure designated RV storage areas or public utility facilities and services areas.

b.

The fence upon which the barbed wire is located must be of sound construction and at least six feet in height.

c.

No more than four strands of barbed wire measuring no more than 18 inches from the top of the fence to the uppermost strand shall be permitted.

d.

All wire must be tightly strung with no loose or coiled wire permitted.

e.

Only standard agricultural-type barbed wire is permitted.

f.

Barbed wire standards shall not slope over any public right-of-way.

(9)

Fences and retaining walls. All fences and retaining walls shall be in good repair, be structurally sound, in an upright position, and the exterior finish in good repair and free of defect. If the fencing contains slats, all slats must be present and complete in length and the same color.

(Code 1985, § 10-11-4; Ord. No. 10-09, § 17, 7-6-2010; Ord. No. 19-02, § 1, 4-16-2019; Ord. No. 25-06, § 1, 7-1-2025)