(a)

Purpose. It is the intent of this article to require buffer zones, landscaping, and screening to reduce the negative impacts between incompatible land uses. It is further intended to preserve and enhance the aesthetic qualities, character, privacy, and environment of the city.

(b)

Required buffer zones.

(1)

A buffer shall be required on any parcel proposed for development which borders a different zone district, as indicated in subsection (b)(5) of this section. Where the adjacent zone district is more intensive, e.g., C-1 bordering R-1, the required buffer shall be installed only on the property which is in the more intensive district.

(2)

The specified buffer shall be required on the subject parcel even if the adjacent parcel is unimproved land. A performance bond may be submitted in lieu of the required buffer where adjacent land is unimproved. The buffer shall be installed when the adjacent property begins development and completed prior to any occupancy of the adjoining use.

(3)

When any developed parcel existing as of the date of this chapter, or amendment thereto, is changed to a less restrictive zone district, for example, R-2 to R-3, any required buffer shall be installed in compliance with this section within six months of the effective date of the rezoning. This provision shall not apply to rezonings initiated by the city.

(4)

If two zoning districts requiring a buffer zone are separated by a street, the design of the required buffer zone shall be reduced by one level; for example, a required major buffer shall be reduced to a moderate buffer. Notwithstanding the foregoing, the minimum buffer installed shall be a minor buffer.

(5)

The following chart defines the required buffers between adjacent zone districts:

Required Buffers Between Adjacent Zone Districts

For planned unit development (PUD) districts the buffer zone requirements set forth in the above chart shall be based on the type of land use proposed or existing in the PUD as follows:

a.

For a PUD containing single-family detached dwellings or two-family dwellings the PUD shall be considered the equivalent of an R-1 or R-2 zone.

b.

For a PUD containing multifamily dwellings including town homes, attached condominiums with more than two dwellings the PUD shall be considered the equivalent of an R-3 zone.

c.

For a PUD containing any other land use the buffer zone requirement in the above chart shall be based on that zoning district (O-1, C-1, C-2, C-3 or Industrial) which permits those land uses comprising the majority of the actual land uses in the PUD. For example a PUD containing commercial uses shall be considered the equivalent of a C-1 or C-2 zone and the buffer zone requirement for a C-1 or C-2 zone shall apply although the modifications permitted by subsection (c)(1)c. of this section may be considered.

(6)

Buffer zone development standards.

a.

Required buffer zones shall comply with and be maintained to the following standards:

Required Buffer Zone Development Standards

b.

The required six-foot-high continuous obscuring screen may be comprised of plant material, berming, screen walls or fences, or any combination of these elements in addition to the required plant materials.

c.

If berming is used for all or part of the obscuring screen, all required plant materials shall be placed on the top and both sides of the slope. Where necessary the minimum buffer width shall be increased to accommodate side slopes of a maximum of three feet in width to one foot in height.

d.

If a screen wall or fence is used for all or part of the obscuring screen, the equivalent of four shrubs is required per 20 linear feet on each side of the wall or fence.

e.

The balance of the required buffer shall be covered with grass or approved ground cover in accordance with this section.

f.

Any plant material, berm, obscuring screen or other landscape feature shall be installed in such a manner so as not to alter drainage patterns on the site or on adjacent properties; obstruct vision for reasons of safety, ingress or egress; or cause damage to utility lines (above and below ground) and public roadways.

(c)

General landscape development standards.

(1)

Minimum plant material standards.

a.

All plant materials shall be certified to be hardy to the county, free of disease and insects, and conform to the standards of the American Association of Nurserymen. All landscaping shall be maintained in a healthy, neat and orderly state, free from refuse and debris. Any dead or diseased plants shall be replaced within a reasonable period of time, but no longer than one growing season.

b.

Minimum plant sizes at time of installation:

Minimum Plant Sizes at Time of Installation

c.

Should the zoning administrator determine, upon inspection, that adequate landscaping screen on a site already exists or that a landscaping screen is not required, the applicable provisions of this section may be waived in whole or in part. Criteria which shall be used when considering a landscaping screen waiver shall include, but shall not be limited to:

1.

Topography variations.

2.

Existence of natural vegetation.

3.

Existing and proposed building placement.

4.

Sight distances.

5.

Adjacent land uses.

6.

Existence of floodplain and areas of poor soils.

d.

Plant materials shall not consist or more than 33 percent of any one plant species.

e.

The following trees are not permitted as they split easily; their wood is brittle and breaks easily; their roots clog drains and sewers; and they are unusually susceptible to disease or insect pests:

Trees Not Permitted

(2)

Minimum standards for berms.

a.

Berms shall maintain a side slope not to exceed a one-foot rise to a three-foot in width ratio.

b.

Berm areas not containing planting beds shall be covered with grass or living ground cover maintained in a healthy growing condition.

c.

If a berm is constructed with a retaining wall or by terracing, the earthen slope shall face the exterior of the site.

(3)

Minimum standards for obscuring screen walls and fences.

a.

All obscuring screen walls and fences shall be constructed with new, durable, weather-resistant and easily maintained materials. Chain link and barbed wire fences are not permitted.

b.

The obscuring screen wall or fence may be constructed with openings that do not exceed 20 percent of the wall surface. The openings shall not reduce the intended obscuring effect of the wall.

(4)

Detention/retention areas. Detention/retention areas shall be permitted within buffer zones provided they do not hamper the screening intent of the buffer or jeopardize the survival of the plant materials.

(5)

Screening for outdoor solid waste dumpsters. Outdoor solid waste dumpsters shall be screened by a continuous opaque screen at least six feet high. The screen may be comprised of berming, plant material, screen walls or fences or any combination of these elements. Dumpsters may be installed within buffer zones.

(6)

Phasing. If a project is constructed in phases, the landscape screen may also be constructed in phases. The zoning administrator shall determine the extent of landscaping required for each phase based on:

a.

Adjacent land uses.

b.

Distance between land uses.

c.

Operational characteristic both on- and off-site.

d.

Building heights.

e.

Physical characteristics of the site such as topography, existing vegetation, etc.

(7)

Performance guarantee. If weather conditions or other factors determined by the zoning administrator sufficient enough to warrant a delay in installing landscaping occur, a performance guarantee of a sufficient amount to ensure the installation of all required landscaping shall be required in compliance with the requirements of section 46-40 to ensure that landscaping is installed within a reasonable period of time.

(8)

Modification of required landscaping. For existing and proposed uses that require site plan approval to either expand or be built, landscaping should be installed insofar as practical. The planning commission or zoning administrator in his review of the site plan has the authority to increase, decrease or otherwise modify the landscaping and screening requirements of this section. In doing so, the commission or zoning administrator shall consider the following criteria:

a.

Topography variations.

b.

Existence of natural vegetation.

c.

Existing and proposed building placement.

d.

Sight distances.

e.

Adjacent land uses.

f.

Existence of floodplain and areas of poor soils.

g.

The effect the required landscaping would have on the operation of the existing or proposed land use.

h.

Trees shall be of a type or be planted to avoid conflicts with any overhead utility lines.

(d)

Parking lot landscaping.

(1)

Applicability. This section is applicable to parking lots serving any nonresidential or multiple-family use in any district. A parking lot landscape plan shall be submitted with any application for a building permit or when otherwise required by this chapter.

(2)

Existing parking areas.

a.

These requirements shall be met for any existing parking lot which is expanded more than 25 percent of its original existing area after November 1, 1991, or when any parking area is substantially altered (e.g., removal and replacement of existing pavement).

b.

Any landscaping existing within or bordering any existing parking area shall not be removed unless replaced with landscaping meeting the requirements of this section.

(3)

General requirements.

a.

Landscaping shall be planned and installed such that, when mature, it does not obscure traffic signs, fire hydrants, or lighting, and does not alter drainage patterns on the site or on adjacent properties; obstruct vision for reasons of safety, ingress or egress; or cause damage to utility lines (above and below ground) and public roadways.

b.

Any landscaped area required by this section shall be constructed outside any public street right-of-way.

c.

All landscaped areas, including perimeter areas, shall be protected by a raised or rolled concrete curb.

(4)

Frontage landscaping.

a.

Where any parking area directly abuts or faces a public street, a screen shall be required between the parking area and the road right-of-way. Such screen shall consist of, at a minimum, one of the following:

1.

A strip of land at least five feet in width and a solid screen comprised of a hedge or decorative wall, or any combination thereof, which measures at least three feet in height; or

2.

A strip of land at least ten feet in width, containing landscaping equivalent to a minor buffer, as described in subsection (b) of this section, except that the obscuring screen need not be provided.

b.

The required strip of land shall also be covered with grass or other approved ground cover.

(5)

Interior landscaping.

a.

Interior landscaping shall be provided for any parking area containing six or more parking spaces.

b.

The interior of the parking lot shall begin at the outside boundary of the parking area.

c.

The interior area of any parking lot shall incorporate one planting island per each 12 parking spaces, or part thereof.

d.

Each planting island shall be at least 90 square feet in area with a minimum single dimension of nine feet.

e.

Landscaped islands shall be dispersed evenly throughout the parking lot and may be used to separate pedestrian areas, maneuvering areas, and drives.

f.

At least one approved canopy tree shall be included in each planting island, with the balance of the island covered with grass or approved shrubs or ground cover.

g.

For that portion of a parking lot which abuts a required buffer zone and where, in the opinion of the planning commission or zoning administrator, depending upon the reviewing authority, the landscaping in the buffer zone provides shade for vehicles or otherwise improves the appearance of the parking lot, the number of parking spaces abutting the buffer zone shall be deducted from the number of parking spaces used to determine the number of planting islands required by subsection (d)(5)c. of this section.

(e)

Additional landscaping and screening.

(1)

Where deemed appropriate by the planning commission or other approving authority for site plans where screening is needed to minimize visual, noise, or other impacts from the proposed development, or where there may be some other adverse effect caused by the use being reviewed, or where otherwise required by this chapter, additional landscaping or screening may be required. Such adverse effect may include, but shall not be limited to, noise, lighting, hazard, traffic conflict, or other such effect.

(2)

The nature of such landscaping or screening shall be that required by subsection (b) of this section. The planning commission or other approving authority for site plans may designate which buffer is appropriate for the required landscaping or screening.

(3)

All other provisions of this chapter shall be met.

(4)

If landscaping is not required along the street frontage by subsection (d)(4) of this section, then the front yard shall be landscaped according to the following requirements:

a.

For each 50 feet in length of road frontage two trees shall be planted within the front yard. A mixture of evergreen, canopy and ornamental trees is encouraged to provide a variety of plantings along the street. Driveways shall not be counted in the determination of road frontage.

b.

Shrubs at a rate of one per each tree required.

c.

Earthen berms may be permitted within the required front yard landscape area. Credit of up to 25 percent may be received against providing the required plantings through the use of berms three feet in height or greater.

(f)

Residential landscaping; installation.

(1)

Any site on which a use permitted by this chapter is established shall install a lawn or other type of living ground cover for all land areas not covered by impervious surfaces within six months following the issuance of a certificate of occupancy. A performance guarantee may be required by the city to ensure that landscaping is installed within the six-month period. No landscape materials other than lawn and street trees approved by the zoning administrator shall be planted within any public road right-of-way.

(2)

Residential landscaping shall comply with the applicable provisions of this chapter.

(3)

No landscaping, other than ground cover, shall be provided or extend into a public right-of-way without specific written approval from the zoning administrator, or as may be approved by the planning commission or city council as part of other approvals.

(Prior Code, §§ 15.1801—15.1806; Ord. No. 150, §§ 18.01—18.06, 11-1-1997; Ord. No. 150-Q, §§ 1—5, 9-20-2011)