The purpose of this chapter is to promote public health, safety, and welfare by establishing minimum standards for the preservation, installation, and maintenance of landscaping and buffering materials. Such materials are intended to protect property values, improve the aesthetic appearance of development, promote water conservation, minimize stormwater runoff, and prevent soil erosion.

(Code 2023, § 10-23-1; Ord. No. 2017-54, 12-13-2017)

The provisions of this chapter apply to any development where landscaping is required under this title.

(Code 2023, § 10-23-2; Ord. No. 2017-54, 12-13-2017)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Certain other words and phrases have the meanings as set forth in HCC chapter 10-3.

Activity zones means portions of the landscape designed for recreation or function, such as storage areas, fire pits, vegetable gardens, and playgrounds.

Central open shape means an unobstructed area that functions as the focal point of Localscapes® and is designed in a shape that is geometric in nature.

Gathering areas means portions of the landscape that are dedicated to congregating, such as patios, gazebos, decks, and other seating areas.

Lawn means ground that is covered with grass or turf that is regularly mowed.

Paths means designed routes between landscape areas and features.

(Code 2023, § 10-23-3; Ord. No. 2020-35, 12-9-2020)

1. Generally. Landscaping shall be provided as required by HCC chapter 10-32 and this chapter whenever a lot is developed or redeveloped.
2. Single-family dwellings. Landscaping for single-family dwellings shall be provided in:
   1. Front yards, including any area in front of a dwelling;
   2. Interior side yards, to the back line of the dwelling, but not including areas utilized as approved parking or access for vehicles and trailers;
   3. Corner lot side yards, in all areas between a public sidewalk and the side lot line of the dwelling between the front lot line and the rear lot line which are visible from a public right-of-way;
   4. Rear yards, adjacent to a public right-of-way unless a privacy fence is installed prior to occupancy of the dwelling; and
   5. All park strips adjacent to the lot where the dwelling is located.
3. New multiple residential and commercial development. At least 15 percent of a site located in the R-M, OP, C-1, C-2, M-1, T-M, MU, and MU-2 zones shall be landscaped as required by this chapter.
4. Front and side yards in C-1, C-2, M-1, and T-M zones.
   1. In addition to other applicable requirements of this chapter:
      1. In a C-1, C-2, M-1, or T-M zone, front yard and side yard areas on a lot which faces a street shall be landscaped for a minimum distance of 20 feet behind lot lines abutting the street.
      2. For any conditional use in the T-M zone, a front yard or side yard abutting a street shall include a landscaped 30-inch high berm measured from the grade of the adjacent sidewalk.
   2. For any conditional use in a C-1, C-2, or M-1 zone, the planning commission may reduce the required landscaped area to 15 feet, provided:
      1. At least 50 percent of the landscaped area is planted with shrubs, flowers, and trees as provided in this chapter; and
      2. The landscaped area includes a berm that is a minimum of two feet high as measured from the grade of the sidewalk; and
      3. The following portion of the total site is landscaped:
         1. 15 percent, if the site is less than one acre.
         2. Ten percent, if the site is equal to or greater than one acre, but less than five acres.
         3. Five percent, if the site is equal to or greater than five acres.
5. OP zone. In addition to other applicable requirements of this chapter, landscaping in the OP zone shall include the following:
   1. 25 percent of a site shall be landscaped.
   2. Perimeter landscaping at least ten feet wide shall be provided along any lot line adjacent to a residential area.
   3. Front and side yard areas on a corner lot which face a street shall be landscaped for a minimum distance of 20 feet behind the lot lines abutting the street.
   4. One tree shall be planted for every 120 square feet of landscaped area. Trees may be clustered.
   5. Five percent of parking lot areas shall be landscaped.

(Code 2023, § 10-23-4; Ord. No. 2017-54, 12-13-2017; Ord. No. 2018-44, 12-12-2018; Ord. No. 2020-35, 12-9-2020)

1. Landscaping plan required. When a provision of this title requires landscaping to be provided, a landscaping plan shall be submitted for the project which conforms to the requirements of this section and demonstrates compliance with the provisions of this chapter and applicable provisions of this title.
2. Information required. A landscaping plan shall show at least the following information:
   1. Landscaping and plant materials;
   2. Location, spacing, and number of existing and proposed plantings;
   3. Mature tree canopy line;
   4. Tree and plant list, including sizes and totals;
   5. Treatment of ground surfaces;
   6. Irrigation or watering plan;
   7. Central open space;
   8. Gathering areas;
   9. Activity zones;
   10. Paths;
   11. Lawn;
   12. A completed landscape requirement table as set forth in Exhibit A to the city water efficiency standards; and
   13. Such other information as may be needed to demonstrate compliance with the provisions of this chapter.
3. Landscape architect approval. A landscape plan for a site of one acre or more shall be signed by and bear the seal of a state licensed landscape architect licensed under the Landscape Architects Licensing Act, U.C.A. 1953, § 58-53-101 et seq.

(Code 2023, § 10-23-5; Ord. No. 2017-54, 12-13-2017; Ord. No. 2020-35, 12-9-2020)

1. Waivers authorized. Since site conditions and development constraints may vary among sites, the planning commission may approve landscape plans that deviate from strict compliance with the provisions of this chapter as provided in subsection (C) of this section.
2. Application. A person desiring a waiver shall, in conjunction with an applicable development application, submit a written request which describes the proposed waiver, provides grounds justifying the waiver, and shows how the intent of this chapter will be met by the proposed waiver.
3. Findings required. The planning commission may authorize a waiver from the requirements of this chapter, to the extent authorized herein, only if it finds the waiver:
   1. Preserves the purpose of this chapter and the provision for which a waiver is authorized;
   2. Will not result in an adverse impact on surrounding properties; and
   3. 
      
      1. The strict application of the provision in question is unreasonable or unnecessary for the specific use, design, or site proposal given the nature of the proposal or alternate measures proposed by the applicant; or
      2. The property has extraordinary or exceptional physical conditions not generally existing on nearby property in the same zone and such conditions will not allow strict compliance with all of the provisions of this chapter.

(Code 2023, § 10-23-6; Ord. No. 2017-54, 12-13-2017)

1. General requirements.
   1. Landscaped areas shall be located:
      1. Adjacent to building elevations which form major public views of a project from adjacent streets and property, and to users of the project; and
      2. In between buildings or portions of buildings; and in any plaza or courtyard.
   2. Landscaped areas shall include trees, shrubs, vegetative, organic and inorganic ground cover, and other organic and inorganic materials identified in an approved landscaping plan. All required landscape areas shall be occupied by plant material or ground cover.
      1. Required landscaping areas shall include live plant material at least to the following extent:
         1. Perimeter and internal landscaping: 50 percent.
         2. Buffer landscaping between residential and nonresidential development: 50 percent.
      2. Non-live landscaping materials may consist of hard surface improvements such as pools, fountains, waterfalls, streams, decorative boulders and sculptures, or materials such as wood chips, bark, stone, or similar materials.
         1. Decorative paving materials may include bricks, pavers, flagstones, and textured concrete.
         2. Untextured concrete, gravel, or lava rocks shall not be used in a required landscaped area unless specifically permitted by an approved landscaping plan.
   3. Irrigation systems shall be automatic and include rain sensors. Systems shall be checked regularly by the owner to ensure proper maintenance and efficiency. City inspection at the time of installation shall be required to ensure the system is operational and water is not being wasted.
      1. The sprinkler system shall be planned and implemented to prevent unnecessary runoff on sidewalks or other impervious surfaces.
      2. Drip system irrigation shall be required around shrubs, trees and ground cover.
   4. Deciduous trees are the preferred tree type. Coniferous trees are generally discouraged but shall be used for screening as required by this chapter.
   5. At least one tree shall be planted for every 500 square feet of landscaped area, not including any requirement for plantings for buffers and architectural barriers.
   6. Trees may be substituted by shrubs at a ratio of ten shrubs to one tree.
      1. Shrub size shall be a #5 container with a spread of 18 inches to 24 inches when installed.
      2. Not more than 25 percent of required trees may be substituted.
   7. All landscaped areas shall be separated from the parking surface by at least a six-inch high curb.
   8. Public property abutting a development project shall be appropriately landscaped and maintained.
2. Buffer landscaping between residential and nonresidential development. A landscaped buffer, at least 15 feet wide, shall be installed along side and rear lot lines which abut a residential zone.
   1. Evergreen landscaping anticipated to grow to more than six feet in height shall be provided at distances sufficient to provide a visual and noise-reducing barrier. Such landscaping shall consist of at least one tree for every 20 feet of fencing.
   2. A minimum of one tree shall be provided for every 500 square feet of landscaped area.
3. Foundation landscaping. Landscaping shall be provided adjacent to any building wall which fronts on a public street as follows:
   1. At least 50 percent of the building frontage shall be landscaped; and
   2. The minimum width of the landscaped area shall be three feet, excluding any vehicle overhang from an adjacent parking area.
4. Parking lot landscaping in C-1, C-2, MU-2, and T-M zones. In the C-1, C-2, MU-2, and T-M zones, interior parking lot landscaping shall be provided for any vehicular use area of 12 parking spaces or 5,000 square feet of pavement, whichever is greater.
   1. 
      
      1. In the C-1, C-2, and MU-2 zones, the minimum amount of required landscaping shall be based on the total size of the parking lot as follows:
         1. If the total area of the parking lot is less than 50,000 square feet, five percent of the lot interior shall be landscaped.
         2. If the total area of the parking lot is 50,000 square feet or greater, eight percent of the lot interior shall be landscaped.
         3. For the purpose of computing the total interior area of any parking lot, all areas within the perimeter of the parking lot shall be counted, including planting islands, curbed areas, corner areas, parking spaces, and all interior driveways and aisles, except those with no parking spaces located on either side.
      2. In the T-M zone, the minimum amount of required landscaping shall be five percent of the lot interior and shall count toward the overall requirement for site landscaping.
   2. Deciduous shade trees shall be planted within all parking lots on the basis of one tree for each 12 parking spaces. Required trees may be clustered in planter bays or islands, but shall be located throughout the parking area to divide and break up expanses of paving and long rows of parking spaces and to create a canopy effect.
   3. For every ten required parking spaces, or portion thereof, a minimum of two shrubs and one deciduous tree shall be provided within each internal parking island area.
      1. Internal landscaped islands shall contain a minimum planting area of 25 square feet and shall have a minimum width of five feet measured from the back of the curb.
      2. Internal landscaped islands shall be located in the following priority:
         1. To define major drives and accessways;
         2. To delineate ends of parking rows;
         3. At aisle intersections; and
         4. Within parking rows.
5. Public street landscaping.
   1. Except for approved driveways and pedestrian walkways, landscaping shall be provided along public streets as set forth below:
      1. Within the area adjacent and parallel to the frontage of a public street or highway to the depth shown:
         1. Major or collector street: 15 feet.
         2. Minor street: ten feet.
      2. Within a parking strip:
         1. Solid concrete pavement shall only be placed in a parking strip after review and approval by the city engineer to determine if it would interfere with the public use of the right-of-way or utilities. If allowed, concrete shall be colored decorative stamped concrete based on city approval and shall not be within 24 inches of the outer edge of any tree trunk at expected maturity.
         2. Asphalt and mulch/bark shall be prohibited in parking strips; except that mulch/bark may be placed around any tree base.
         3. Each lot shall have a minimum of one tree planted in the parking strip per every 30 feet of frontage. Trees planted in the parking strip shall be selected from the city's approved tree list.
   2. The slope of any earth berm adjacent and parallel to a public street right-of-way shall not exceed a vertical to horizontal ratio of 1:2 and shall be treated with suitable ground cover to prevent soil erosion.
   3. A parking strip abutting private property shall be maintained by the property owner.
6. Drainage and grading. Landscaped areas shall conform to the following requirements:
   1. Installation of underground irrigation systems shall not alter grading and drainage on a lot as approved by the city engineer and as shown on an approved subdivision plat or site plan.
   2. Landscaping shall conform to building code requirements concerning drainage and grading.
   3. The community development director may require additional landscaping as reasonably necessary to control erosion or provide adequate drainage.
   4. Excavated areas shall be properly compacted to prevent unreasonable settling of soil next to foundations and failure of the required finished grade.
   5. Stormwater detention areas should not detract from the quality of landscape design.
      1. Small water detention areas without aesthetic or secondary benefits shall be avoided.
      2. Detention area side slopes shall not exceed a 1:3 vertical to horizontal slope unless fenced to prohibit public access.
      3. Detention basins shall be designed as an integral part of the landscape theme and shall not appear as a ditch or pit.

(Code 2023, § 10-23-7; Ord. No. 2017-54, 12-13-2017; Ord. No. 2019-15, 6-12-2019; Ord. No. 2022-22, 5-25-2022)

1. Plant characteristics. Plants used for landscaping shall:
   1. Be drought-resistant;
   2. Have non-invasive growth habits;
   3. Have low-maintenance characteristics; and
   4. Be commercially available.
2. Plant quality. Plants installed to meet the requirements of this chapter shall conform to or exceed plant quality standards set forth in the most recent edition of American Standard for Nursery Stock published by the American Nursery and Landscape Association.
3. Plant spacing. Plants shall be installed to allow sufficient space for the growth characteristics of plants without adversely affecting maintenance of structures, walks, or driveways.
4. Artificial plants. No artificial plants shall be used to meet any standard required by this chapter.
5. Plant size. The minimum size of trees and plants installed to meet the requirements to this chapter shall be as follows:
   1. Deciduous trees: two-inch caliper (diameter) measured at 12 inches above the tree base.
   2. Coniferous trees: six feet high.
   3. Shrubs: Five-gallon.
6. Tree types. Selected tree types shall be as required in city standards and specifications.

(Code 2023, § 10-23-8; Ord. No. 2017-54, 12-13-2017; Ord. No. 2019-15, 6-12-2019)

The community development director may approve installation of comparable substitute plant materials to satisfy the requirements of an approved landscape plan when approved materials are unavailable or when other unforeseen conditions prevent the use of materials shown on the landscaping plan. The community development director may not reduce the number of plants required. Any other change to an approved landscaping plan shall be approved by the planning commission in accordance with procedures and requirements applicable to the original approval.

(Code 2023, § 10-23-9; Ord. No. 2017-54, 12-13-2017)

1. Installation. Required landscaping shall be installed as shown on an approved landscaping plan in accordance with accepted nursery practices.
2. Bond. An improvement completion assurance and warranty agreement shall be provided as required in HCC 10-20-17.
3. Certificate of occupancy. No certificate of occupancy for development requiring landscaping shall be issued until:
   1. Improvements shown on the landscaping plan are inspected and accepted by the community development director as complete; or
   2. An extension agreement has been executed as provided in HCC 10-20-20.

(Code 2023, § 10-23-10; Ord. No. 2017-54, 12-13-2017)

1. Responsible persons. The owners, lessees, tenants, and occupants of a site shall be jointly and individually responsible for the maintenance of all landscaping, including all adjacent parking strips, in good condition and free from refuse and debris so as to present a healthy, neat, and orderly appearance.
   1. Landscaping shall be mowed, groomed, trimmed, pruned and watered according to water-wise conservation guidelines to maintain healthy growing conditions and not detract from the appearance of the immediate neighborhood.
   2. Landscaping shall be kept virtually free of insects and disease and shall be kept free from weeds and other volunteer plants.
   3. Irrigation systems shall be maintained so as to eliminate water loss due to damaged, missing, or improperly operating sprinkler system components.
   4. Weeds may not exceed six inches in height with the exception of common areas planted in native vegetation.
   5. All unhealthy or dead plant material shall be replaced within six months, or the next planting period (spring or fall), whichever comes first; while other defective landscape features shall be removed, replaced, or repaired within three months.
   6. Landscape structures, such as walls and fences, shall be repaired or replaced in a structurally sound condition consistent with original appearance.
2. Water-wise landscaping permitted. Nothing in this chapter shall be construed to prohibit the use of drought-tolerant vegetation and nonvegetative materials; provided, however, failure of an owner to install and maintain landscaping under the guise that the vegetation and bare ground that occur naturally on the site constitutes water-wise landscaping shall not qualify as conforming with the provisions of this chapter.

(Code 2023, § 10-23-11; Ord. No. 2017-54, 12-13-2017)

Landscaping shall be maintained to minimize property damage and public safety hazards, including removal of low hanging branches and those obstructing street lighting, sidewalks, and traffic sight distance requirements. In the event a tree, shrub, or other plant causes damage to streets, sidewalks, trails, or other public improvements, the community development director or public works director may order removal of the offending vegetation and other landscape features.

(Code 2023, § 10-23-12; Ord. No. 2017-54, 12-13-2017)

1. Applicability. In R-M, C-1, C-2, OP, MU, MU-2, T-M, and M-1 zones, the features described in subsections (B) through (G) of this section shall be screened as required.
2. Trash receptacles. Trash receptacles not located within a building shall be screened from view by a solid barrier fence or wall which:
   1. Is at least six feet high;
   2. Provides complete visual screening of the receptacle; and
   3. Is similar to the architecture, material, and color of the main building located on the lot.
3. Outdoor storage areas. Outdoor storage areas permitted by this title shall be screened from view by an opaque fence or wall. Non-opaque fencing, such as powder or vinyl coated chain-link, may be used to satisfy this requirement in manufacturing zones if vinyl slats are inserted into the fence.
4. Service and loading areas. Service and loading shall be screened from public view. Loading areas and docks should be a minimum of 100 feet from residential zones or uses.
5. Ground-mounted utility boxes, meters, and mechanical equipment. Ground-mounted utility boxes, meters, and mechanical equipment shall be screened from public view by landscaping or architectural elements similar to the architecture, material, and color of the main building located on the lot. This requirement shall not apply to:
   1. Rear and rear side yard locations adjacent to other service or mechanical areas not adjacent to a public street or residential property; and
   2. Development in an agricultural zone.
6. Utility lines. Power lines and other utility lines shall be installed underground where possible.
7. Roof-mounted mechanical equipment. Roof-mounted mechanical equipment shall be concealed by material which is consistent with building design and is equal to or greater in height than the mechanical equipment.

(Code 2023, § 10-23-13; Ord. No. 2017-54, 12-13-2017)