Landscaping requirements for certain yard areas and off-street parking, and other vehicular use areas (other than single-family, duplex, triplex, and fourplex residential uses) are as follows:

a.

All areas used for the display or parking of any and all types of vehicles, boats or heavy construction equipment, whether such vehicles, boats or equipment are self-propelled or not (herein referred to as "off-street parking areas"), and all areas upon which vehicles traverse the property as a function of the primary use (hereinafter referred to as "other vehicular use areas"), including, but not limited to, activities of a drive-in nature such as filling stations, grocery stores, banks and restaurants shall conform to the minimum landscaping requirements herein provided. Exceptions include: (1) Areas used for parking or other vehicular uses under, on, or within buildings; (2) Parking areas and other vehicular use areas serving One-Family, Duplex, Triplex, or Fourplex uses as normally such residential areas are voluntary landscaped; and (3) Expansion and changes on the use of existing improved properties requiring an increase in off-street parking spaces and/or vehicle use area of less than twenty-five percent (25%) more than the number of off-street parking spaces existing at the time of the proposed expansion or change in use.

b.

Installation. All landscaping shall be installed in a good workmanship like manner and according to accepted good planting procedures with the quality of plant materials as herein described. All elements of landscaping, except plant material other than hedges, shall be installed so as to conform to all other applicable ordinances or City Codes. Landscaped areas shall require protection from vehicular encroachment as herein provided. Landscaping may be installed within the next planting season if the time of development is an inappropriate time to plant, but all landscaping must be installed no later than one year from date of occupancy of the property.

c.

Maintenance. The owners, tenants and their agents, if any, shall be jointly and severally responsible for the maintenance of all landscaping provided for under this ordinance. All landscaping shall be maintained in good condition so as to present a healthy, neat, and orderly appearance and shall be kept free from refuse and debris. All landscaped areas shall be provided with either: (1) a readily available water supply with at least one outlet located within one hundred (100) feet of all plant material maintained; or (2) an underground sprinkler system. Landscaped areas adjacent to pavement areas shall be protected with curbs or equivalent barricades.

d.

Plant Material.

1.

Trees. Trees shall be species having an average mature spread of crown of at least (15) feet and having a trunk(s) which can be maintained in a clean condition over five (5) feet of clear wood. Trees having an average mature spread crown less than fifteen (15) feet may be substituted by grouping the same so as to create the equivalent of a fifteen (15) foot crown spread. Tree species shall be a minimum of one and one-half (1½) inch diameter.

2.

Shrubs and Hedges. Shrubs shall be a minimum of fifteen (15) inches in height when measured immediately after planting. Except as provided for herein, hedges shall be planted and maintained so as to form a continuous, unbroken, and solid visual screen within a reasonable time after planting.

3.

Vines. Vines shall be a minimum of twenty-four (24) inches in height immediately after planting and may be used in conjunction with fences, screens, or walls to meet physical barrier requirements as herein specified.

4.

Ground Covers. Ground covers used in lieu of grass in whole or in part shall be planted in such a manner as to present appearance and reasonably complete coverage within three (3) months after planting.

5.

Lawn Grass. Grass areas shall be planted in species normally grown as permanent lawns in Fredericksburg. Grass areas may be sodded, plugged, sprigged, or seeded except that solid sod shall be used in swales or other areas subject to erosion. In areas where other than solid sod or grass seed is used, rye grass seed shall be sown for immediate effect and protection until further coverage is otherwise achieved.

e.

Required Landscaping Adjacent to Public Right-of-Way.

On the site of a building or open lot use providing an off-street parking area or other vehicular use area, where such area will not be entirely screened visually by an intervening building or structure from any abutting right-of-way, excluding dedicated alleys, there shall be provided landscaping between such area and such right-of-way, as follows:

A strip of land at least five (5) feet in depth located between the abutting right-of-way and the off-street parking area or other vehicular use area which is exposed to an abutting right-of-way shall be landscaped. Such landscaping shall include one tree for each fifty (50) lineal feet or fraction thereof of right-of-way (street) frontage. Such trees shall be located between the abutting right-of-way and off-street parking area or other vehicular use area and shall be planted in a planting area of at least twenty-five (25) square feet with each dimension at least (5) feet in length. In addition, a hedge, wall, or other durable landscape barrier of at least two (2) feet in height shall be placed along the perimeter of such landscaped strip. If such durable barrier is of non-living material, for each ten (10) feet thereof, one shrub or vine shall be planted abutting such barrier but need not be spaced ten (10) feet apart. Such shrubs or veins shall be planted along the street side of such barrier unless they are of sufficient height at the same time of planting to be readily visible over the top of such barrier. The remainder of the required landscaped areas shall be landscaped with grass, ground cover or other landscape treatment, excluding paving.

All property other than the required landscaped strip lying between the right-of-way and off-street parking area or other vehicular use area shall be landscaped with grass or other ground cover.

Necessary access from the public right-of-way through all such landscaping shall be permitted to service the parking or other vehicular use areas.

f.

Perimeter Landscaping Related to Abutting Properties.

On the site of a building or structure or open lot use providing an off-street parking area or other vehicular use area, where such areas will not be entirely screened visually by an intervening building or structure from abutting property, that portion of such area not so screened shall be provided with a wall, fence, hedge or other durable landscape barrier not greater than eight (8) feet in height, nor less than three and one-half (3½) feet in height to form a continuous screen between the off-street parking area or other vehicular use area and such abutting property. Such landscape barrier shall be located between the common lot line and the off-street parking areas or other vehicular use areas are accomplished.

If such barrier consists all or in part of plant materials, such plant materials shall be planted in a planting strip of not less than two and one-half (2½) feet in width.

In addition, one tree shall be provided for each seventy-five (75) lineal feet of such landscape barrier or fractional part thereof. Such trees shall be located between the common lot line and the off-street parking area or other vehicular use area. Each such tree shall be planted in at least twenty-five (25) square feet of planting area with each dimension at least five (5) feet in length. Each such planting area shall be landscaped with grass, ground cover or other landscape material, excluding paving, in addition to the required tree.

The provisions of this subsection shall not be applicable in the following situations:

Where a property line abuts a dedicated alley, or to those portions of the property that are opposite a building or other structure, located on the abutting property.

Where a proposed parking area or other vehicular use abuts an existing hedge, wall or other durable landscape barrier on an abutting property, said existing barrier may be used to satisfy the landscape barrier requirements of this subsection, provided that said existing barrier meets all applicable standards of this Ordinance and protection of hedges against vehicular encroachment is provided.

Where the abutting property is zoned for business uses, only the tree provision with its planting area as prescribed in this subsection shall be required; however, the number of trees may be reduced to one (1) tree for each one hundred twenty-five (125) lineal feet or fractional part thereof.

g.

Parking Area Interior Landscaping.

Off-street parking areas shall have at least ten (10) square feet of interior landscaping for each parking space, excluding those spaces abutting a perimeter for which landscaping is required by other sections hereof and excluding all parking spaces which are directly served by an aisle abutting and running parallel to such a perimeter. In addition, other vehicular use areas shall have one (1) square foot of landscaped area for each one hundred (100) square feet or fraction thereof of paved area for the first 50,000 square feet, excluding the first 5,000 square feet of paved area, plus one (1) square foot of landscape area for each two hundred (200) square feet or fraction thereof of paved area for all paved area over 50,000 square feet; provided, however, in areas zoned for industrial use these requirements shall be reduced by 50%.

Where the property contains both parking areas and other vehicular use areas, the two types of areas may be separated for the purposes of determining the other vehicular use first multiplying the total number of parking spaces by four hundred (400) and subtracting the resulting figure from the total square footage of the paved area. Each separate landscaped area shall contain a minimum of fifty (50) square feet, with each dimension at least five (5) feet in length, and shall include at least one (1) tree having a clear trunk at least five (5) feet in height, with the remaining area adequately landscaped with shrubs, ground cover or other authorized landscaping material not to exceed three (3) feet in height.

The total number of trees shall not be less than one (1) for each one hundred (100) square feet or fraction (over one-half) thereof of required interior landscaped area.

Such landscaped areas shall be located in such a manner as to divide and break up the expanse of paving.

In other vehicular use areas where the strict application of this subsection will seriously limit the function of said area the required landscaping may be located near the perimeter of the paved area, including such perimeters which may be adjacent to a building on the site. Such interior landscaping that is relocated as herein provided shall be in addition to the perimeter landscaping requirements of subsection 7.920e. of this Ordinance.

The front of a vehicle may encroach upon any interior landscaped area where said area is at least three and one-half (3½) feet in depth adjacent to the abutting parking space and protected by wheel stops or curbing. Two (2) feet of said landscaped area may be part of the required depth of each abutting parking space.

Parking lot storm drainage shall be designed so as to direct water from paved areas to the landscaped areas to allow absorption into the permeable ground prior to discharge into the Public Street or storm drainage system. This should be accomplished in a manner not likely to result in erosion.

h.

Sight Distance for Landscaping Adjacent to Public Right-of-Way and Points of Access.

When an access intersects a public right-of-way, all landscaping within the triangular areas described below shall be placed so as to provide unobstructed cross-visibility at a level between three (3) feet and seven (7) feet in height from the street level. Trees which have limbs and foliage trimmed in such a manner that no limbs or foliage extend into the cross-visibility area described above may be allowed within the triangular area or allowed to protrude into the triangular area if they are otherwise located so as not to create a traffic hazard. No landscaping, other than grass or ground cover, shall be located within three (3) feet from the edge of any access or street pavement.

The triangular areas above referred to are:

The area of property on each side of an access way which is within a triangle two sides of which are each fifteen (15) feet in length, one measured along the access way from the point of its intersection with the public street curb (or street pavement edge if there is no curb) and the other measured along the curb (or street pavement if there is no curb) from its intersection with the access way, and the third side of the triangle being a line connecting the ends of the two (2) other sides.

Landscape Preservation. The existing natural landscape, especially plants, shrubs and trees native to the area, shall be preserved to the extent reasonable and feasible. Indiscriminate clearing or stripping of natural vegetation is prohibited. Landscape to be removed or retained shall be reviewed as part of the site plan approval process by the Planning and Zoning Commission or as part of the building permit process by the Director of Planning and Building in the event that site plan review is not required. No landscaping may be removed before approval of the site plan or building permit. The criteria to be applied by the Planning and Zoning Commission or by the Director of Planning and Building as appropriate, as typographical constraints on design, drainage, ingress and egress, utilities and other factors reasonably related to health, safety and welfare of the public, the nature and quality of the landscaping installed to replace existing natural landscaping and such other factors as may be relevant and proper.

Protection of Trees.

No person or entity shall remove, contribute to the removal or endanger any tree having a trunk circumference of thirty inches (30") or more, measured four (4) feet above natural grade level which is situated within the boundaries of the area to which the landscape requirements apply as set out in Section 7.900 above, without a tree removal permit from the Director of Planning and Building. Removal and endangerment include uprooting, severing the main trunk of the tree or any act which may reasonably be expected to cause the tree to die including without limitation damage inflicted upon the root system by machinery, storage or materials or soil compaction; substantially changing the natural grade above the root system or around the trunk; excessive pruning; paving with concrete asphalt or other impervious materials in a manner which may reasonably be expected to kill the tree, or a lack of adequate protection during the construction process.

Trees which are designated on an approved site plan or an approved building permit for removal are exempt from the requirement of a removal permit.

The Director of Planning and Building shall issue a removal permit for all trees that are, in his determination, so located as to prevent reasonable access to the property or to prevent reasonable use of the property, that constitute a hazard to life or property which cannot be reasonable mitigated without removing the tree, if the tree is dying, dead or diseased to the point that it constitutes a danger to other trees or that it cannot be reasonably be restored to sound condition. Approval for removal is automatically granted ten (10) working days after the application is filed, if not denied during such time.

Planting a replacement tree or trees or other landscaping may be required as a condition of approving an application for removal of a protected tree if there is adequate space for additional landscaping than is required of a new development under this Ordinance.

If a tree is removed without a permit or in the determination of the Director of Planning and Building, dies due to injury, endangerment or improper planting, the tree shall be replaced with a tree of similar species, trunk size and height. If a replacement tree is not available or cannot be transplanted the owner shall submit an alternative plan for additional landscaping to the Director of Planning and Building for approval. All replacement shall be completed within twelve (12) months after removal of the protected tree.

The Director of Planning and Building may rely on the certification of a qualified arboriculturist in making any of the determinations required of him or her in this section.

(Ord. No. 19-006, § 7.920, 4-20-2009)