Defendant City of Newport (“City” or “Newport”) long ago gained a reputation as home to a veritable smorgasbord of vice, attracting patrons from across the nation. For decades, the small city was considered the Midwest’s answer to Las Vegas, and leaders of organized crime were said to operate its gambling casinos and nightclubs.

In the 1960’s, public pressure began to demand that Newport be cleaned up. This pressure has continued until the present, with varying degrees of success.

A 1986 report generated by the Newport Alcoholic Beverage Control Administrator indicated that of 28 adult bars opened since 1978 (including successive bars at the same site), 21 had had at least one prostitution-related conviction, and 18 had had multiple convictions. Def. Ex. K, p. 2. The report explained that “all of the prostitution in businesses with adult entertainment involved an alcoholic beverage as the median [sic] of exchange and the solicitation of such drinks by ‘mixers.’” Id. In all, 98% of prostitution arrests in Newport occurred in the vicinity of these bars. Id. Adult entertainment establishments, which constituted 12% of all businesses serving alcohol, accounted for 17% of all police runs. Def. Ex. K, p. 21.

A later review, conducted in 1990 by the Newport License Inspector, documented the continued prostitution arrests occurring at several adult dancing establishments. Def. Ex. G. Moreover, the City determined that over $ 70,000 was expended in 1990 to target, patrol and prosecute the illicit behavior occurring in and around the bars. Def. Ex. H.

Several of Newport’s citizens, merchants and church groups also opposed the presence of the semi-nude dancing clubs. These groups generally believed that the adult entertainment clubs were “clouds over [the] neighborhood that keep [it] from growing in the [right] direction.” See Def. Ex. I (letter to Mayor from Taylors Landing Business District). Complaints commonly expressed were that the seamy establishments deterred other merchants from locating in Newport’s business district, deterred shoppers, served a poor example for the City’s youth, and generally tarnished the City’s image. Id.

Bright Lights, Inc., v. City of Newport, 830 F. Supp. 378, 380-81 (E. D. Ky. 1993).

Based on those findings, the court went on to hold in relevant part:

Having considered the matter carefully, the court concludes that some leeway must be afforded the reform efforts of the City Council of Newport. This body has been elected by the citizens to attempt to “clean up the image” of the City.

To do this, it must overcome the sleazy impression of Newport and Northern Kentucky that survives from “the heyday” when things ran wide open; reform candidates were literally drugged and framed for morals offenses by public officials and police officers; the members of reform citizens groups were vilified and harassed; and a “liberal” in local parlance was a person favoring the continued open and notorious violation of the gambling and morals laws.

To illustrate that the Council’s perception of a need to clean up the image of the City is not paranoid, the court notes the following statements in a national magazine’s satirical Chapter on Newport’s big sister, the city of Cincinnati.

“The city’s streets fairly shine; the odd litterer draws a scornful stare. Wide avenues, bosky side streets, the most inviting of thoroughfares. And clean. So clean. No X-rated movie theaters, no adult-book stores, no bare-breasted night joints soil these streets, all of them long ago jettisoned over to the Kentucky side of the river.”

Peter Richmond, “Town Without Pity,” Gentlemen’s Quarterly, July 1993, at 102, 104.

This court holds that the City of Newport has the right to secede as Cincinnati’s combat zone.

The court holds that the City has “an important and substantial governmental interest” in advancing these reform goals, which interest is furthered by the ordinances in question. Barnes, 111 S. Ct. at 2461. The court further finds and holds that in the case of the City of Newport, given its unique history, the ordinances’ “incidental restriction on alleged First Amendment freedoms is no greater than is essential to the furtherance of that interest.” Id. (quoting O’Brien, 391 U.S. at 376-77, 88 S. Ct. at 1678-79).

Newport’s image affects that of all of Northern Kentucky, a community of nearly 300,000 people. That City and its community have the right to project a progressive and decent image. The nudity ordinances contribute to the enhancement of this interest and will be upheld. 830 F.Supp. at 384;

13. The Supreme Court had earlier noted in upholding another regulation in Newport, “it is plain that, as in Bellanca, the interest in maintaining order outweighs the interest in free expression by dancing nude.” Newport v. Iacobucci, 479 U.S. 92, 97, 93 L. Ed. 2d 334, 340, 107 S. Ct. 383, 386 (1986). Although the significance of the opinion itself is now questionable (see J&B Social Club # 1 v. City of Mobile, 966 F. Supp. 1131, 1135 (S.D. Ala. 1996)), the quoted part of the opinion stands unchallenged.
14. The cities of Covington and Newport continue their efforts to improve their image. Since 1985, Covington has redeveloped its riverfront, creating several new office towers, high-end condominiums, hotels, and a convention center. In Newport, in conjunction with private development and Southbank Partners, Inc., the City has built a major entertainment center along the river. This initiative has promoted improved pedestrian and transit connections in Northern Kentucky’s river cities to and from the stadiums and other attractions along the Cincinnati riverfront.
15. Despite these efforts, the areas of downtown Covington and Newport away from the riverfront continue to suffer in many ways. The study by Kelly and Cooper found in the area near to existing sexually oriented uses a number of building vacancies and building maintenance falling far short of that found in the revitalized areas near the river.
16. The City of Independence respects the Constitutional rights of its citizens, including the right to present certain types of entertainment that may not appeal to the entire population. Through this ordinance, it is the desire of the City of Independence to balance the Constitutional rights of businesses that present sexually oriented entertainment with the City of Independence interests in ensuring that this community not suffer from the same sorts of adverse effects that Covington and Newport have long suffered.
17. From long experience in Covington and Newport, as well as from the following studies and others not listed, the City of Independence also finds that such businesses may have primary and secondary effects involving crimes related to the activities in the establishments, of which prostitution and crimes of violence are those of greatest concern. See for example:
    1. “Final Report to the City of Garden Grove: The Relationship between Crime and Adult Business Operations on Garden Grove Boulevard,” Richard W. McCleary, Ph.D., James W. Meeker, J.D., Ph.D., October 23, 1991.
    2. “Survey of Appraisers: Fort Worth and Dallas – Effects of Land Uses on Surrounding Property Values,” Duncan Associates, Eric Damian Kelly, FAICP, and Connie B. Cooper, FAICP, September 2004.
    3. “Adult Entertainment Businesses in Indianapolis, An Analysis,” 1984.
    4. “Adult Business Study,” by City of Phoenix Planning Department, May 25, 1979.
    5. “Effects on Surrounding Area of Adult Entertainment Businesses in Saint Paul,” June 1978, City of Saint Paul Division of Planning, Department of Planning and Management; and Community Crime Prevention Project, Minnesota Crime Control Planning Board.
    6. “Staff Report, Whittier City Planning Commission; Subject: Adult Business Regulations,” July 11, 1994.
    7. “Adult Entertainment Study,” Department of City Planning, City of New York, Second Printing, November 1994.
    8. “Adult Use Study,” Newport News Department of Planning and Development, March 1996.
    9. “A Report on the Secondary Impact of Adult Use Businesses in the City of Denver,” prepared by multiple city departments for Denver City Council, January 1998.
    10. “Survey of Appraisers in Monroe County, New York,” Summer 2000. For detailed results of the survey, see Kelly and Cooper, Everything You Always Wanted to Know about Regulating Sex Businesses, Planning Advisory Service Report No. 495-96. Chicago: American Planning Association, 2000; pages 51-57.
    11. The Tucson “study” consisting of two memos: one from the Citizens Advisory Planning Committee, addressed to the Mayor and City Council, and dated May 14, 1990; and the other from an Assistant Chief of Police to the City Prosecutor, regarding “Adult Entertainment Ordinance,” dated May 1, 1990.
18. The City of Independence recognizes that some of the cited studies included bars without sexually oriented entertainment among the businesses studied; the City of Independence finds, nevertheless, that addressing the establishments that have live, sexually oriented entertainment is a more critical local issue than that of bars without such entertainment, for three reasons:
    1. Bars in Kentucky are already regulated by the Commonwealth, and those state regulations directly address many of the concerns that arise with the service of alcohol;
    2. The local history of prostitution and sex-related crimes has largely been related to businesses with live, sexually oriented entertainment, and not with other establishments that serve alcohol; and
    3. The interaction between dancers who are paid to work with very limited clothing and the customers who pay to see them work in the establishments with live entertainment creates a sexually charged environment and the opportunity to negotiate for the provision of additional services that do not involve dancing or other protected expression and that are simply unacceptable under the standards of the County and its citizens.
19. As noted earlier in these findings, there is a long local history of prostitution and sex-related crimes at or incident to the operation of establishments with live, sexually oriented entertainment. Further, the studies shown herein provide further evidence of the potential crime-related secondary effects from such businesses. Although the methodologies and quality of these studies vary somewhat, local experience has demonstrated to the City of Independence that the relationship between crime and such establishments is a fact in Northern Kentucky and not just a theory published in a study.
20. The City of Independence has reviewed evidence and testimony presented at public meetings before the County, and information based on the past experiences of the Kenton and Campbell Counties and the cities of Covington and Newport, the experiences of the County Attorneys’ offices prosecuting numerous and varied offenses that have occurred in and around the sexually oriented entertainment establishments, and based upon the documented experiences of other governmental units within Kentucky and elsewhere in dealing with the impact of sexually oriented entertainment, that such businesses can, if not properly regulated, be deleterious to said community.
21. The City of Independence finds that the countywide licensing ordinance related to sexually oriented businesses and service oriented escort bureaus adopted by the Fiscal Court of Kenton County is an effective tool for addressing the many operational issues that can arise with such businesses.
22. The City of Independence finds that amendments to the Zoning Ordinance regarding the location and design of such businesses are important variables in the nature and extent of adverse secondary effects of sexually oriented businesses on the community, and further finds that location and design are among the types of issues that are typically addressed through zoning.
23. Based on the recommendations of Kelly and Cooper, which are based on their experience in other communities and their review of the studies cited above and other local efforts to address such secondary effects, the City of Independence finds that the following principles are essential to effective zoning controls of sexually oriented businesses:
    1. Sexually oriented businesses should, to the maximum extent practicable, be separated from one another by a distance that is greater than a convenient walking distance, because experience elsewhere has shown that the location of such businesses near one another may increase the adverse secondary effects, particularly those related to crime, by a greater than arithmetic factor;
    2. Although there are currently several such businesses located near one another in Covington’s downtown area, the Covington City Commission has determined that the City will not attempt to require these existing businesses be relocated;
    3. Sexually oriented businesses have the greatest adverse effect on residential neighborhoods and should thus be separated to the maximum extent practicable from residential neighborhoods;
    4. Sexually oriented businesses are likely to attract criminal elements that prey on “soft targets,” including children, and it is thus important to separate sexually oriented businesses from schools, parks, recreation centers, and religious institutions, all of which are places where children are likely to congregate, often without parental protection;
    5. Also because of the tendency of sexually oriented businesses to attract criminal elements that prey on soft targets, it is important to seek locations for such businesses that are not located along pedestrian routes, where young people, old people and others who are vulnerable, are likely to walk in going about their day-to-day business. Thus, locations to which the primary access is by automobile minimize the risk of persons going about their daily business encountering persons who are visiting or even loitering around the sexually oriented business;
    6. Experiences in other communities show that private booths, back rooms, “VIP” rooms and other small and private spaces in sexually oriented businesses create the opportunity for casual sexual activity and create logistical difficulties and risks of physical endangerment for police officers responsible for dealing with such activities. For that reason, it is essential that movies, performances and other activities at sexually oriented businesses should be permitted only in large rooms that are open and visible to management, other patrons and code and police officers who may visit the establishment during operating hours.
24. FINDINGS: The facts and other matters set forth in the previous clauses that form the preamble to this ordinance are hereby adopted as findings of fact in support of the legislative action of the City of Independence in adopting this amendment to the Zoning Ordinance. Upon adoption of this zoning amendment, these shall be incorporated into the Zoning Code by reference as if fully set forth therein to the adopting Resolution.

Effective on: 1/1/1901

1. Signs are an essential form of communication in the built environment, providing way-finding guides to residents, visitors, public safety officials, customers and potential customers of local businesses, delivery people and others.
2. Signs also provide communication on public issues, as the U.S. Supreme Court found in City of LaDue v. Gilleo: Signs that react to a local happening or express a view on a controversial issue both reflect and animate change in the life of a community. Often placed on lawns or in windows, residential signs play an important part in political campaigns, during which they are displayed to signal the resident’s support for particular candidates, parties, or causes. They may not afford the same opportunities for conveying complex ideas as do other media, but residential signs have long been an important and distinct medium of expression.
3. Retailers and other businesses depend on signs to help people find their businesses, and, in a large and expensive media market like that of Cincinnati (a market which includes the City), many small businesses depend on signs as one of the most affordable forms of advertising.
4. Although signs thus serve many important purposes in society in general and in Kenton County in particular, there are other considerations that the City Council weighs heavily.
5. Signs may distract drivers and lead to deaths and injuries to pedestrians and cyclists as well as to drivers and passengers and to property damage. Moving, flashing and rapidly changing signs are particularly distracting to drivers. A proliferation of signs on a particular site can have the same effect as moving signs, as drivers try to sort through the visual cacophony to find the information that they want or need.
6. The City Council, with the advice of the Kenton County Planning Commission and its professional staff, and with input from residents through the Direction 2030. planning process, has placed an increasing emphasis on preserving the sense of place and the design of the built environment; limiting the size, height and number of signs is an important tool in preserving a sense of place, a tool that accompanies the City's standards for landscaping.
7. Direction 2030 recommends that policies, regulations and incentives be developed and implemented that preserve and improve the existing community fabric.
8. Balancing these competing considerations is particularly difficult in residential areas, where people value both their pleasing and visually appealing environments and their ability to communicate their opinions regarding candidates and public issues through yard signs.
9. In updating its ordinance in 2016 after the Supreme Court’s landmark decision in Reed v. Town of Gilbert, the City Council, working with Planning and Development Services (PDS) staff and an outside consultant, has made a major effort to limit content as a factor in its sign regulations. After due consideration, however, it has concluded that one way to leave room for extensive free expression through signs in residential areas while limiting total sign clutter is to maintain significant limits on commercial signs in residential areas. Recognizing the importance of “for sale” and “for lease” signs in maintaining the occupancy of healthy neighborhoods (see the U.S. Supreme Court decision in Linmark Associates, Inc. v. Willingboro), those signs must remain. There is a similar utility in providing for yard sale signs, which allow people to dispose of unwanted items without sending them to a landfill.
10. Although as the Court found in Reed v Gilbert, time limits on signs can be arbitrary, as the Court recognized in 2009 in Pleasant Grove v. City of Summum, a significant distinction between speakers expressing an opinion and signs is that “Speakers, however long-winded, will eventually come to the end of their remarks.” Members of the City Council have long noted that signs for political campaigns as well as those advertising pancake breakfasts and spaghetti dinners for civic organizations are often abandoned after the events, contributing to clutter long after they have served their purpose. Although such signs were once typically paper or cardboard that would eventually decay, many today are plastic and will remain until removed. Thus, despite the expressed concern of the Supreme Court with time limits, the City Council finds that it has a substantial governmental interest in clarifying the status of signs for past events that thus no longer serve a purpose so that there is a legal basis for the City to remove them or force their removal.
11. The City has long allowed unlimited numbers of small signs bearing non-commercial messages to allow merchants and others to designate handicapped parking places, provide directions to ATMs and restrooms, warn of guard dogs and other hazards and provide a variety of other place-based information. With the prohibition of commercial messages on such signs, it has been the observation of City Council members and their professional staff members that property owners are judicious and appropriate in posting such signs. The City thus finds that it has a substantial interest in allowing merchants and property owners freely to post necessary informational signs but without allowing an endless proliferation of commercial messages.
12. Although in the findings above the City Council has recognized the multiple values of signs in the built environment, the City officials after consultation with the Planning Commission and representatives of cities and towns in the County concluded several years ago that there is no place for signs of overwhelming size and no relation to context in an urban and urbanizing environment like the City. Although previous versions of these regulations followed the pattern of state and federal laws by defining such billboard as “off-site” signs, this Ordinance addresses the same issue by establishing a form of circuit breaker size limit, prohibiting very large signs on small lots, on vacant lots, or on lots with only small buildings.
13. These are complex public policy issues, and the City Council, with the help of its professional planners, attorneys and outside consultant, has attempted to balance the competing considerations in a way that it believes best protects the public health, safety and welfare of the citizens of the City, including its many valued businesses and the tens of thousands of visitors who arrive or pass through the City Council each month.

Effective on: 1/1/1901

1. Asphalt Concrete Pavement
   1. General Design Requirements
      1. Asphalt concrete pavements shall consist of specified thickness of asphalt concrete surface course and a base course, or courses, all constructed on prepared subgrade. Required pavement thickness shall be determined from Table 15.05-1 of the appropriate subgrade soil and traffic use.
      2. Paved areas shall be so designed and constructed that water will quickly drain from the surface and be conducted away from the area through approved systems. Transverse and/or longitudinal slopes of not less than 5/8 inch in 10 feet shall be provided. For large paved areas, approved catch basins and storm drainage systems shall be provided.
      3. When the pavement includes a granular base, and the pavement is not constructed over granular subgrade, perimeter subsurface drainage shall be provided to prevent lateral flow of water into the base course and to provide for removal of seepage water that may enter the base.
      4. Successive layers of the pavement shall be offset from the edge of the underlying layer a distance equal to the course thickness of the lower layer, except when abutting existing construction. When the asphalt layers of the pavement abut a building foundation, barrier curb, or similar vertical surface, the abutting surface shall be heavily painted with asphalt prior to construction of the asphalt course. The surface course shall be finished 1/4 inch above adjacent flush construction to permit proper compaction.
   2. Construction Materials and Procedures
      1. Base courses shall consist of the following materials. Construction procedures shall conform to the requirements applicable to the base course selected.
         1. Asphalt Concrete Base Course - Materials and construction shall conform to the current requirements of the Kentucky Department of Transportation, Bureau of Highways’, Specifications for Asphalt Concrete Base Course, Sections 401, 403, except as noted herein.
      2. Crushed Stone Base Course - Crushed stone base course shall conform to all the current requirements of the Kentucky Department of Transportation, Bureau of Highways, for Dense Graded Aggregate Base Course, Section 303.
      3. Asphalt Concrete Surface Course - Materials and construction shall conform to the current requirements of the Kentucky Department of Transportation, Bureau of Highways, for Asphalt Concrete Surface, Type B, State Highway Designation Section 401, 402.
      4. Asphalt Prime and Tack Coat
         1. Asphalt Prime shall conform to the Kentucky Department of Transportation, Bureau of Highways’ requirements for Cutback Asphalt Emulsion Primer, Type L, as per Section 407. Prime shall be applied to the surface of granular base course at a rate of 0.25 to 0.50 gallons per square yard, as directed by the legislative body’s engineer or inspector.
         2. Tack Coat (SS-1h) shall meet the requirements of the Kentucky Department of Transportation, Bureau of Highways, as per Section 407. It shall be diluted with equal parts of water, when directed by the inspector. Tack coat shall be applied, upon direction of the legislative body’s engineer, to the surface of asphalt courses that have become dusty or dry, at a rate of 0.10 gallons per square yard of the diluted SS-1h before the subsequent course is constructed.
2. Concrete Paving for Parking and Access Drive Areas
   1. General Requirements - Thickness of concrete parking and access drives shall be:
      1. A minimum of four (4) inches for driveways and parking areas serving single and two-family dwellings.
      2. A minimum of five (5) inches for passenger cars and panel or pickup trucks serving industrial, commercial, and multi-family areas.
      3. A minimum of six (6) inches for light trucks serving industrial, commercial, and multi-family residential areas.
      4. A minimum of seven (7) inches for heavier commercial or industrial needs.
   2. General Requirements - Concrete Paving
      1. Minimum Cement Content - 564 lb./cu.yd. of concrete (6 U.S. bags).
      2. Maximum Size of Aggregate - 1-1/4 inches.
      3. Maximum Water Content - 0.49 lb./1 lb. of cement (5.5 gal./ bag).
      4. Maximum Slump - five (5) inches when using hand-finishing techniques, three (3) inches when using a mechanical finishing machine.
      5. Strength of Concrete - The concrete shall attain a minimum expected strength of concrete at 28 days of 3,500 pounds per square inch compressive strength and/or 550 pounds per square inch flexural strength “modulus of rupture”.
      6. Air Entrainment

1. 3. Construction Procedures
      1. All soft and yielding material and other portions of the subgrade which will not compact readily when rolled or taped, shall be removed and replaced with suitable material, placed and compacted. The subgrade shall be thoroughly compacted with suitable equipment so as to have uniform density at moisture contents of not less than standard optimum (AASHO-T98).
      2. Longitudinal joint spacing shall not exceed 15 feet and be designed in accordance with the joint details in Figure 15.05-2.
      3. Transverse joint spacings shall be at regular intervals of twenty (20) feet.
      4. All transverse construction joints shall be designed in accordance with the joint details in Figure 15.05-2.
      5. Form offsets at radius points shall be at least two (2) feet.
      6. Pavement joints must be continuous through the curbs.
      7. Where curbs are required, they shall be cast integrally.
      8. The pavement shall be struck-off, consolidated, and finished, to the grades shown on the plans. All catch basins and manhole castings shall be boxed out and separated from the pavement with expansion joint material. All except premolded or sawed joints shall be edged with a tool having a maximum radius of 1/8 inch. Sawed and formed joints shall be cleaned and sealed before opening to traffic. Final surface texture shall be that obtained with a burlap drag. Curing shall be that obtained with a uniform coverage of white membrane curing compound or by seven-day coverage of white polyethylene or waterproof paper. The completed pavement shall be closed to traffic for at least fourteen (14) days or by the time it has attained a compressive strength of 3,500 pounds per square inch and/or 550 pounds per square inch flexural strength. This traffic restriction shall apply to the contractor’s construction equipment and vehicles, as well as general traffic.

FIGURE 15.03-1  JOINT DETAILS

Effective on: 1/1/1901

An example of a landscape plan shows the information which should be found on a landscape plan and how it is displayed.  Enlarged sections of the plan further clarify abbreviations and plan details.

2. 2. Plant Schedule Table 

      This table is the identification key which lets the inspector know which plants are to be planted, the total number of each species, and which graphic symbol and code are used to identify the plant on the landscape plan.  Additional information that should be noted in this table is the plant container, the height or size of the planting material, and the caliper of all tree species.

2. 3. Landscape Compliance Statistics 

      A table should be included which identifies how the landscape buffer requirements of the zoning ordinance have been met by the proposed plantings.

2. 4. Planting Notes 

      The planting notes and diagrams are primarily for use by the nursery personnel during the installation of the plant materials. When included in the landscape plan, the plan reviewer is made aware that proper installation is intended to ensure plant survival.

3. Inspection of Landscaping for Permit Approval 

   Prior to final approval of a new development project, the requirements of the landscape ordinance must be met. The site inspection will also include compliance with parking regulations, paving, waste receptacles, lighting, and signage. A temporary Certificate of Occupancy may be issued even though the required landscaping has not yet been installed. A final Certificate of Occupancy is not issued unless either:

   The landscape ordinance requires all landscaping to be in healthy condition one year after the initial inspection. A second inspection will be made by the Zoning Administrator at this time.

   • All landscaping has been installed and passed the landscape field inspection or;
   • An extension of six months has been granted by the Zoning Administrator to accommodate planting seasons as required for plant species

   The landscape ordinance requires all landscaping to be in healthy condition one year after the initial inspection. A second inspection will be made by the Zoning Administrator at this time.  

   • Schedule a one-year re-inspection with the Zoning Administrator. This inspection evaluates the health condition of the plant materials and their compliance with the landscape planting plan as submitted and approved by the Zoning Administrator. 
    

   The following form is used for field inspections. It will be helpful to permit applicants to review this information to expedite the length of the approval process. 

4. Minimum Caliper and Height Requirements

   All plants shall be equal to or exceed the following minimum acceptable size requirements. Plant height shall be measured before pruning with branches in a normal position. No plant shall be pruned back to such an extent that it no longer meets the size requirements. All measurements shall be taken at the time of planting.

5. Plant List  

   The plant list has been designed to provide information to the community and assist in identifying trees and shrubs which fulfill the requirements of the zoning ordinance. Plants are listed in alphabetical order according to the scientific name. Directly below the scientific name is the common name and cultivars that are considered to be acceptable. Plant material found in the acceptable list is not all-inclusive.  These trees and shrubs listed are hardy to northern Kentucky in USDA Zones 6A and 6B.  These landscape materials should be relatively maintenance-free, as well as, suitable to the weather and soil conditions in northern Kentucky.  Native plants are recommended and preferable for use.

   There are some plant materials which, due to interference with underground utilities, undesirable thorns or fruit, growth patterns, susceptibility to disease, and incompatibility with urban environments, or are considered to be Terrestrial Nuisance Species / Invasive Species, are not to be used to meet the landscape regulations. Trees and shrubs which are deemed to fall into these categories are found in the Unacceptable for Use Table.

   Terrestrial Nuisance Species (TNS)- are defined by the Kentucky Department of Fish & Wildlife Resources as “Non-native species that threaten the diversity or abundance of native terrestrial species or the ecological stability of ecosystems, or the commercial, agricultural, or recreational activities dependent on such ecosystems.”

   Invasive Species- are defined by the Federal Invasive Species Advisory Committee as “A species that is non-native to the ecosystem under consideration and whose introduction causes or is likely to cause economic or environmental harm to human health.

   The level of threat of TNS or invasive species to the natural ecosystems of Kentucky fall within two categories: 

   Severe Threat- According to the Kentucky Exotic Pest Plant Council a severe threat is an “Exotic plant species which possess characteristics of invasive species and spread easily into native plant communities and displaces native vegetation; includes species which are or could become widespread in Kentucky.”

   Significant Threat- According to the Kentucky Exotic Pest Plant Council a significant threat is an “Exotic plant species which possess some invasive characteristics, but have less impact on native plant communities; may have the capacity to invade natural communities along disturbance corridors, or to spread from stands in disturbed sites into undisturbed areas, but have fewer characteristics of invasive species than #1 rank.”

   TNS and invasive species are a problem for Kentucky because of the biological, socio-economic, and aesthetic impacts of these species. Control of these species can preserve the vast amount of beautiful landscape Northern Kentucky has. TNS and invasive species can sometimes be found in nurseries and unknowingly distributed.

   • Biological impact- TNS and invasive species can disrupt the balance of food webs and nutrient cycling, degrade natural habitats, reduce native organisms and increase competition, and decrease biodiversity.

   • Socio-economic impact- TNS and invasive species can deplete limited management resources, contribute to a loss of tourism dollars such as hunting or hiking, reduce property values by “smothering” forests and open space, decrease productivity and increase costs of commercial logging and agricultural operations, and interfere with transportation rights-of-way. 

   • Aesthetic impact- TNS and invasive species can also impact the cultural and generational integrity of living near and having access to a healthy ecosystem because TNS and invasive species permanently change the function and form of the landscape. 

     The plant material is systematically assigned into lists based upon height as the primary characteristic and secondly based upon whether it is deciduous or coniferous.  This information is necessary to determine planting location compatibility with manmade environmental features such as utility lines, sidewalks, and streets. Information on each plant is divided into plant characteristics and plant uses.  Plant characteristics refer to the physical attributes of a plant, including height, spread, form, urban tolerance, disease, and insect intolerance.  Plant use refers to the appropriate location of use such as perimeter, interior, street tree, buffer, or open space.

     Acceptable Plant List
     I.	Large Shade Trees
     II.	Medium Trees (25-50 Feet in Height)
     III.	Evergreen Trees
     IV.	Large Deciduous Shrubs
     V.	Medium Deciduous Shrubs
     VI.	Small Deciduous Shrubs
     VII.	Low Deciduous Shrubs
     VIII.	Large Evergreen Shrubs
     IX.	Medium Evergreen Shrubs
     X.	Small Evergreen Shrubs
     XI.	Low Evergreen Shrubs
     XII.	Large Street Trees
     XIII.	Medium Street Trees
     XIV.	Ground Covers

     Acceptable Plant List
     I.	Large Shade Trees
     II.	Medium Trees (25-50 Feet in Height)
     III.	Evergreen Trees
     IV.	Large Deciduous Shrubs
     V.	Medium Deciduous Shrubs
     VI.	Small Deciduous Shrubs
     VII.	Low Deciduous Shrubs
     VIII.	Large Evergreen Shrubs
     IX.	Medium Evergreen Shrubs
     X.	Small Evergreen Shrubs
     XI.	Low Evergreen Shrubs
     XII.	Large Street Trees
     XIII.	Medium Street Trees
     XIV.	Ground Covers

     Acceptable Plant List
     I.	Large Shade Trees
     II.	Medium Trees (25-50 Feet in Height)
     III.	Evergreen Trees
     IV.	Large Deciduous Shrubs
     V.	Medium Deciduous Shrubs
     VI.	Small Deciduous Shrubs
     VII.	Low Deciduous Shrubs
     VIII.	Large Evergreen Shrubs
     IX.	Medium Evergreen Shrubs
     X.	Small Evergreen Shrubs
     XI.	Low Evergreen Shrubs
     XII.	Large Street Trees
     XIII.	Medium Street Trees
     XIV.	Ground Covers

     Acceptable Plant List
     I.	Large Shade Trees
     II.	Medium Trees (25-50 Feet in Height)
     III.	Evergreen Trees
     IV.	Large Deciduous Shrubs
     V.	Medium Deciduous Shrubs
     VI.	Small Deciduous Shrubs
     VII.	Low Deciduous Shrubs
     VIII.	Large Evergreen Shrubs
     IX.	Medium Evergreen Shrubs
     X.	Small Evergreen Shrubs
     XI.	Low Evergreen Shrubs
     XII.	Large Street Trees
     XIII.	Medium Street Trees
     XIV.	Ground Covers

     Unacceptable Plant List
     I.	TNS / Invasive Species - Severe Threat
     II.	TNS/ Invasive Species - Significant Threat
     III.	Other Unacceptable Plants and Trees

     Unacceptable Plant List
     I.	TNS / Invasive Species - Severe Threat
     II.	TNS/ Invasive Species - Significant Threat
     III.	Other Unacceptable Plants and Trees

     Unacceptable Plant List
     I.	TNS / Invasive Species - Severe Threat
     II.	TNS/ Invasive Species - Significant Threat
     III.	Other Unacceptable Plants and Trees

     Unacceptable Plant List
     I.	TNS / Invasive Species - Severe Threat
     II.	TNS/ Invasive Species - Significant Threat
     III.	Other Unacceptable Plants and Trees

   1. Planting List Species Characteristics 

      1. Plant Type 

         Each acceptable material in the plant list is either deciduous (D) or evergreen (E).  This is essential since only specific plant types can meet ordinance requirements such as winter opacity or triangle visibility. Unacceptable plants and trees are those which cannot be planted in public spaces because they do not have suitable characteristics. Ordinance required landscaping cannot include these plants and trees. 

      2. Height

         The height of plant materials is given in ranges because dimensions vary depending on site conditions, climate, temperature, and how well plants adapt to these conditions.  For example, under ideal conditions, a plant may reach a height of up to 20 feet, but because of conditions at a specific site, the same tree may be limited to a height of just 10 feet.  Limited room for root growth also restricts maximum height.  Such areas include raised planters, parking lots, streets, or areas where there is considerable competition between plants.  Plants that tolerate pruning may be kept to a smaller size.

      3. Spread

         Spread refers to the width of a tree’s mature crown.  Spread partially determines the suitability of a plant for a particular.  Plants with wide-spreading forms, require a large area to develop.  Upright forms are used effectively where space is limited.  All plants shall be allowed ample room to develop.  Spread shall be measured in feet, with the average mature spread of the plant indicated.  Spread is normally listed as a range because of its variability. 

          

          

      4. Form

         Form is generally referred to as the outline of the crown but indicates much more. Form is determined by the line, direction, and arrangement of branches and twigs. Form has mass and volume since trees project in all directions: upward, downward, and sideways.  The form of a plant should be typical of the species at the time of installation, but may be altered to create a desired effect, as long as the plant still meets ordinance requirements. 

         Rounded	Spreading	Pyramidal
         Oval	Conical	Vase Shaped
         	Columnar

          

          

      5. Urban Tolerance 

         A plant tolerant of urban conditions must be able to withstand a variety of adverse conditions, including air pollution, poor and infertile soils, compact soils, heat and drought, and other similar conditions.  Plants that have relatively few problems are considered to be urban tolerant.

      6. Disease and Insect Tolerant 

         Disease and insect problems affect all trees to some extent. Some problems are barely noticeable and exert little effect on a tree’s health. Disorders can restrict the tree’s growth, cause a gradual decline in health, and eventually lead to the tree’s death. The severity of a problem depends on the type of tree, condition of the tree, type of disorder, time of year, immediate weather conditions, along with many other factors. Disorders that are frequent, widespread, or highly destructive should greatly limit the use of a particularly susceptible tree species, e.g. tip blight on Austrian pines. 

      7. Density 

         Density refers to a quantity of foliage and branching and is measured by comparing positive space to negative space. Positive space includes all tree characteristics perceived when the tree is viewed as a two-dimensional silhouette with dense branching and foliage. Negative space is a space that appears between branching and foliage. It is the open area through which the sky and background can be seen.

         Dense	Open

         Dense	Open

         Dense	Open

         Dense	Open

          

      8. Planting Location

         The Plant List identifies the appropriate location where each species may be planted to accommodate its particular growth pattern, urban tolerance, and root system as it relates to meeting the landscape regulations.

   2. Modifications

      Recognizing that it is sometimes not possible to provide to find sufficient plant material due to supply, species availability, site conditions, or customer preference, modifications are possible. Species are not limited to those found in the Plant List.  Other species may be approved by the Zoning Administrator provided the species achieves the screening requirements and are hardy to the northern Kentucky environment in USDA Zones 6A and 6B.

All landscaping has been installed and passed the landscape field inspection or;

An extension of six months has been granted by the Zoning Administrator to accommodate planting seasons as required for plant species

The landscape ordinance requires all landscaping to be in healthy condition one year after the initial inspection. A second inspection will be made by the Zoning Administrator at this time.  

Schedule a one-year re-inspection with the Zoning Administrator. This inspection evaluates the health condition of the plant materials and their compliance with the landscape planting plan as submitted and approved by the Zoning Administrator. 

The following form is used for field inspections. It will be helpful to permit applicants to review this information to expedite the length of the approval process.

Effective on: 1/1/1901

III. Evergreen Trees

PLANT CHARACTERISTICS

PLANT USES

SCIENTIFIC NAME Common Name 'Cultivar'

COMMENTS

ABIES CONCOLOR

White Fir

E

30' to 50'

15' to 30'

Pyramidal

X

X

X

X

Can be used as a screen between conflicting land uses; doesn't meet other ordinance requirements because of the low branch pattern; best used in large areas where there is room for plant development.

CHAMAECYPARIS OBTUSE

Hinoki Falsecypress

E

50' to 70'

10' to 20'

Pyramidal

X

X

X

Very dense evergreen; needs moist, humid conditions and protection from wind; many cultivars, but most are a smaller size.

CHAMAECYPARIS PISIFERA

Sawara Falsecypress

E

50' to 70'

10' to 20'

Pyramidal

X

X

X

X

Requires moist, humid conditions; numerous outstanding cultivars, but they are a smaller size, loses beauty with age.

DIOSPYROS VIRGINIANA

Common Persimmon

E

35' to 60'

20' to 35'

Oval

X

Establishes well on compacted soils.

PICEA ABIES

Norway Spruce

E

40' to 60'

25' to 30'

Pyramidal

X

X

X

Loses form with age. Commonly used as a windbreak; can be pruned into a hedge

PICEA GLAUCA

White Spruce

E

40' to 60'

10' to 20'

Pyramidal

X

X

X

Very adaptable; tolerates adverse conditions better than other spruce trees.

PICEA OMORIKA

Serbian Spruce

E

50' to 60'

20' to 25'

Pyramidal

X

X

X

Excellent dark green foliage; tolerates city conditions; does well in almost any urban area.

PICEA ORIENTALIS

Oriental Spruce

E

50' to 60'

20' to 30'

Pyramidal

X

X

X

Outstanding ornamental evergreen; needs protection from winter winds; low branching pattern restricts use.

PINUS ECHINATA

Short Leaf Pine

E

80' to 100'

25' to 35'

Pyramidal

X

Easily grown in average, dry to medium, well-drained soils in full sun. Tolerates some light shade. Tolerates a wide range of soils,

PINUS RESINOSA

Red Pine

E

50' to 80'

20' to 40'

Pyramidal to Oval

X

X

X

X

Tolerates adverse conditions; does best farther north; develops a picturesque, symmetrical form with age.

PINUS STROBUS

White Pine

E

50' to 80'

20' to 40'

Pyramidal

X

X

Soft, feathery appearance because of foliage, intolerant of air pollution; weak wooded.

ILEX OPACA

American Holly

E

40' to 50'

18' to 40'

Pyramidal to Irregular

X

X

X

Needs sheltered location; some leaf minor problems. Need male and female for fruit. Normally 20' to 30' in height; can be used as a large screen; must be limbed up to meet most ordinance requirements

ILEX PEDUNCULOSA

Longstalk Holly

E

20' to 30'

10' to 15'

Dense, Rounded

X

X

X

X

X

One of the hardiest red fruiting hollies.

JUNIPERUS VIRGINIAN

Eastern Redcedar

E

40' to 50'

10' to 20'

Pyramidal

X

X

X

X

Can be used as a screen between conflicting land uses; cultivars are superior to straight species, but most are smaller in size. Best used in large areas; doesn't meet other ordinance requirements because of low branching pattern.

PINUS CEMBRA

Swiss Stone Pine

E

30' to 40'

15' to 25'

Pyramidal

X

X

X

X

Handsome evergreen; slow growth rate limits use; requires an open area with good air movement; transplants easier than most pines.

PINUS PARVIFLORA

Japanese White Pine

E

25' to 50'

25' to 50'

Rounded

X

X

X

Develops a low-branched, wide-spreading form; tolerates most soils; good tree for small areas, slow growth rate.

Effective on: 1/1/1901

IV. Large Deciduous Shrubs

PLANT CHARACTERISTICS

PLANT USES

SCIENTIFIC NAME Common Name 'Cultivar'

COMMENTS

AMELANCHIER CANADENSIS

Shadblow Serviceberry

D

10' to 20'

10' to 20'

Rounded

X

Dense

X

X

Dense, upright shrub with erect stems tolerates wet soil better than other serviceberries; use as screen if planted close together.

*ASIMINA TRILOBA

Pawpaw

D

15' to 20'

15' to 20'

Rounded

X

X

Dense

X

X

X

X

Aggressive competitor. Excellent for use in stream areas. Berries are edible.

CORNUS KOUSA

Kousa Dogwood

'Milky Way'

D

15' to 20'

15' to 20'

Rounded

X

Dense

X

X

X

X

X

Possibly use if limbed up, but naturally develops a low branching structure; recommended for private use.

CORNUS MAS

Cornelian Cherry-Dogwood

D

20' to 25'

15' to 20'

Oval to Rounded

X

X

Dense

X

X

X

X

Usually branches to ground; possible if limbed up; attractive yellow flower display; recommended for private use.

FORSYTHIA X INTERMEDIA

Border Forsythia

D

8' to 10'

10' to 12'

Rounded

X

X

Dense

X

X

Benefits from selective pruning of larger branches; can be kept smaller with pruning.

HYDRANGEA PANICULATA

Panicle Hydrangea

D

15' to 25'

10' to 20'

Irregular

X

Dense

X

X

Should probably be reserved for large out of the way areas.

MAGNOLIA STELLATA

Star Magnolia

D

15' to 20'

10' to 15'

Rounded

X

Dense

X

X

Dense shrub-like form; good screen but needs ample room, needs winter protection; avoid southern exposure.

MAGNOLIA

VIRGINIANA

Sweetbay Magnolia

D

10' to 20'

10' to 20'

Oval

X

Dense

X

X

X

Large multi-stemmed shrub; better in wet soils than other magnolias, possible use if central leader forms are used.

PHILADELPHUS X VIRGINALIS

Mockorange

D

10' to 15'

10' to 15'

Rounded

X

X

Attracts butterflies, full sun to part shade. Tolerates a wide range of soils except poorly-drained ones.

*STAPHYLEA TRIFOLIA

American Bladdernut

D

10' to 15'

5' to 10'

Upright

X

X

X

Prefers damp, moist, well-drained soils.

VIBURNUM LENTAGO

Nannyberry

D

15' to 18'

6' to 10'

Rounded

X

X

Dense

X

X

X

Attracts birds and butterflies, tolerant of air pollution, Remove root suckers to control spread unless naturalization is desired.

VIBURNUM OPULUS

Cranberrybush Virburnum

D

8' to 10'

10' to 15'

Oval to Rounded

X

Dense

X

X

X

X

Attractive fruit and flower display; good screen for large area.

VIBURNUM PRUNIFOLIUM

Blackhaw Viburnum

D

12' to 15'

8' to 12'

Rounded

X

X

Dense

X

X

X

X

Attracts birds and butterflies, Tolerates drought. Prune immediately after flowering since flower buds form in summer for the following year.

VIBURNUM X RHYTIDOPHYLLOIDES

‘Alleghany’

'Willowwood'

D

8’ to 10’

8’ to 10’

Rounded

X

X

X

X

X

Attracts birds and butterflies, full sun to part shade

VIBURNUM RUFIDULUM

Southern or Rusty Blackhaw

D

12' to 15'

8' to 12'

Rounded

X

X

Dense

X

X

X

X

Attracts birds and butterflies, full sun to part shade, plants generally grow denser in full sun

VIBRUNUM SIEBOLDII

Siebold Viburnum

D

15' to 20'

10' to 15'

Rounded

X

X

Dense

X

X

X

Large, coarse shrub; requires ample moisture; best used in large areas.

VIBURNUM TRIOBUM

American Cranberrybush

D

8' to 12'

8' to 12'

Rounded

X

X

Dense

X

X

X

X

Multi-stemmed shrub; transplants easily; needs well drained moist soil, good screen for large areas.

Effective on: 1/1/1901

V. Medium Deciduous Shrubs

PLANT CHARACTERISTICS

PLANT USES

SCIENTIFIC NAME

Common Name

'Cultivar'

COMMENTS

ACANTHOPANAX SIEBOLDIANUS

Five-leaf Aralia

D

8' to 10"

8' to 10"

Rounded

X

X

Dense

X

X

X

Erect shrub with arching branching; extremely adaptable; numerous sharp-pointed thorns that are effective for stopping circulation.

ARONIA ARBUTIFOLIA

Red Chokeberry

D

6' to 10'

3' to 5'

Oval to Columnar

X

X

Inter-mediate

X

X

X

X

Somewhat leggy, develops a rounded crown. Requires a low facer plant to be effective for screening; must be planted closely together to achieve required density.

ARONIA MELANOCARPA

Black Chokeberry

D

3' to 5'

3' to 5'

Rounded

X

X

Open

X

X

X

X

Tends to sucker profusely and forms large colonies.

BERBERIS JULIANAE

Wintergreen Barberry

D

6' to 10'

6' to 10'

Columnar to Rounded

X

X

Dense

X

X

X

X

Semi-evergreen; numerous small thorns; excellent screen or barrier plant; hardiness is sometimes a problem.

CALYCANTHUS FLORIDUS

Carolina Allspice

D

6' to 9'

6' to 12'

Rounded

X

X

Dense

X

X

X

X

Very fragrant flowers with a sweet strawberry scent; adaptable; does well in shade.

CEPHALANTHUS OCCIDENTALIS

Buttonbush

D

3' to 6'

3' to 6'

Rounded

X

Open

X

Best reserved for moist areas in a naturalized situation.

CHAENOMELES SPECIOSA

Flowering Quince

D

6' to 10'

6' to 10'

Rounded

X

Dense

X

X

X

Dense, twiggy form with spiny branches; used mainly because of flower display; good barrier plant.

CORNUS AMOMUM

Silky Dogwood

D

6' to 10'

6' to 10'

Rounded

X

Open

X

Best used for naturalizing in moist and wet soils; prefers partially shaded areas

CORNUS SERICA

Redosier Dogwood

D

7' to 9'

10'+

Rounded

X

Open

X

X

X

X

Very adaptable; twig blight can be a problem.

COTONEASTER LUCIDUS

Hedge Cotoneaster

D

5' to 10'

6' to 10'

Rounded

X

X

Dense

X

X

X

Frequently used as a hedge; handsome dark green foliage; vigorous, durable shrub.

COTONEASTER MULTIFLORA

Many Flowered Cotoneaster

D

8' to 12'

12' to 15'

Rounded

X

X

Dense

X

X

X

Develops a fountain-like appearance; somewhat difficult to transplant; attractive white flowers; requires room to develop.

FORSYTHIA SUSPENSA

Weeping Forsythia

D

8' to 10"

10' to 15'

Fountain-like

X

X

Dense

X

X

Branches can be trained along a wall, fence, or other structure.

FORSYTHIA MAJOR

Larger Fothergilla

D

6' to 10'

5' to 8'

Pyramidal to Rounded

X

Dense

X

X

X

Requires acid soil and good drainage; attractive dark green foliage.

HAMAMELIS VERNALIS

Vernal Witchhazel

D

6' to 10'

6' to 10'

Rounded

X

X

Dense

X

X

X

X

Neat, multi-stemmed form. Smallest witch hazel; durable, adaptable plant; flowers early.

LINDERA BENZOIN

Spicebush

D

6' to 12'

6' to 12'

Rounded

X

X

Dense

X

X

X

X

Forage for wildlife, excellent open space selection.

LONICERA FRAGMANTISSIMA

Fragrant Honeysuckle

D

6' to 10'

6' to 10'

Rounded

X

Dense

X

X

X

Tangled mass of branches; good hedge; very adaptable; fragrant white flowers.

MYRICA PENSYLVANICA

Northern Bayberry

D

5' to 12'

5' to 12'

Rounded

X

X

Dense

X

X

X

Semi-evergreen; extremely adaptable; combines well with broadleaf evergreens; many uses.

SAMVUCUX CANADENSIS

American Elder

D

Var

Var

Spreading

X

X

Open

X

Best used in naturalized areas.

VIBURMUM DENTATUM

Arrowwood Viburnum

D

6' to 8'

6' to 12'

Rounded

X

X

Dense

X

X

X

X

Most durable viburmum; not as attractive as most virburmums; good as a hedge; suckers freely and can become unkempt

VIBURMUM MOLLE

Kentucky Viburnum

D

8' to 12'

8' to 12'

Rounded

X

X

Dense

X

X

X

X

Fall foliage is red to reddish-purple; full sun to part shade

VIRBURMUM PLICATUM VAR. TORMENTOSUM

Cranberrybush Viburnum

D

8' to 12'

9' to 12'

Rounded

X

X

Dense

X

X

X

Horizontal branching; outstanding flower display; excellent screen for large areas.

VIRBURMUM X BURKWOODII

Burkwood Virburmum

D

8' to 10'

6' to 8'

Oval to Rounded

X

X

Inter-mediate

X

X

X

Blends well with broadleaf evergreens; somewhat unkempt in appearance and usually requires pruning; very fragrant flowers.

Effective on: 1/1/1901

VI. Small Deciduous Shrubs

PLANT CHARACTERISTICS

PLANT USES

SCIENTIFIC NAME Common Name 'Cultivar'

COMMENTS

CLETHRA ALNIFOLIA

Summersweet Clethra

D

5' TO 7'

5' TO 7'

Oval to Rounded

X

X

Dense

X

Good shrub for wet areas; attractive, fragrant flowers appear in late summer; very clean.

RHUS AROMATICA

Fragrant Sumac

D

3' to 6'

6' to 10'

Spreading

X

X

Dense

X

Size can vary; develops into a low, spreading mound; good plant for difficult sites.

RIBES ALPINUM

Alpine Currant

D

3' to 6'

6' to 9'

Rounded

X

Dense

X

Responds well to pruning and makes an excellent hedge; tolerant to adverse conditions

ABELIA X GRANDIFLORA

Glossy Abelia

D

3' to 5'

3' to 5'

Rounded to Wide-Spreading

X

X

Dense

X

Often killed back in severe winters unless protected; handsome pink flower display; blends well with broadleaf evergreens; limited hardiness.

ABELIOPHYLLUM DISTICHUM

Korean Abelialeaf

D

3' to 5'

3' to 4'

Rounded to Wide-Spreading

X

X

Inter-mediate

X

Excellent early spring flower display; requires winter protection.

BERBERIS THUNBERGII

Japanese Barberry 'Chrimson Pygmy'

D

3' to 5'

4' to 7'

Rounded

X

X

Very Dense

X

Good hedge or barrier; numerous sharp, spiny thorns; 'Crimson Pygmy' seldom above 2.5' in height; very adaptable

BERBERIS VERRUCULOSA

Warty Barberry

D

3' to 5'

3' to 6'

Rounded to Wide-Spreading

X

X

Dense

X

X

Excellent low barrier or screen; lustrous, dark green foliage; possible winter damage if not protected.

CEANOTHUS AMERICANUS

New Jersey Tea

D

3' to 4'

3' to 5'

Rounded

X

X

X

Attracts hummingbirds, and butterflies, likes full sun and partial shade

COTONEASTER HORIZONTALIS

Rock Cotoneaster

D

2' to 3'

5' to 8'

Rounded to Wide-Spreading

X

X

Dense

X

Flat and wide-spreading; excellent ground cover for a large area.

DEUTZIA GRAXILIS

Slender Deutzia

D

2' to 4'

3' to 4'

Rounded

X

X

Inter-mediate

X

Very adaptable; best of the Deutzias; good flower display; use as a low hedge or screen.

FOTHERGILLA GARDENII

Dwarf Fothergilla

D

2' to 4'

3' to 4'

Rounded

X

Inter-mediate

X

Requires moist, acid soils; handsome flowers and foliage; possible for a variety of uses.

HYPERICUM FRONDOSOM

Golden St. Johnswort

D

3' to 4'

3' to 4'

Upright

X

Inter-mediate

X

X

Excellent for filler strip along stream.

HYPERICUM PROLIFICUM

Shrubby St. Johnswort

D

2' to 4'

2' to 4'

Rounded

X

X

Dense

X

X

Tolerates a variety of adverse conditions; attractive bright yellows flowers add color in summer.

POTENTILLA FRUTICOSA

Bush Cinquefoil

'Ferreri'

'Moonlight'

D

1' to 4'

2' to 4'

Rounded

X

X

Inter-mediate

X

Graceful, refined appearance; requires pruning every 2 to 3 years to keep from becoming straggly; handsome low shrub.

SPIRAEA X BUMALDA

Bumalda Spirea

'Anthony Watereri'

D

2' to 3'

3' to 5'

Rounded to Wide-Spreading

X

Dense

X

Often used as a facer plant for tall, leggy screens; tolerates all but wet soils.

Effective on: 1/1/1901

VII. Low Deciduous Shrubs

PLANT CHARACTERISTICS

PLANT USES

SCIENTIFIC NAME

Common Name

'Cultivar'

COMMENTS

ABELIA X GRANDIFLORA

Glossy Abelia

D

3' to 5'

3' to 5'

Rounded to Wide-Spreading

X

X

Dense

X

Often killed back in severe winters unless protected; handsome pink flower display; blends well with broadleaf evergreens; limited hardiness.

ABELIOPHYLLUM DISTICHUM

Korean Abelialeaf

D

3' to 5'

3' to 4'

Rounded to Wide-Spreading

X

X

Inter-mediate

X

Excellent early spring flower display; requires winter protection.

BERBERIS THUNBERGII

Japanese Barberry

'Chrimson Pygmy'

D

3' to 5'

4' to 7'

Rounded

X

X

Very Dense

X

Good hedge or barrier; numerous sharp, spiny thorns; 'Crimson Pygmy' seldom above 2.5' in height; very adaptable

BERBERIS VERRUCULOSA

Warty Barberry

D

3' to 5'

3' to 6'

Rounded to Wide-Spreading

X

X

Dense

X

Excellent low barrier or screen; lustrous, dark green foliage; possible winter damage if not protected.

CEANOTHUS AMERICANUS

New Jersey Tea

D

3' to 4'

3' to 5'

Rounded

X

X

Dense

X

Attracts hummingbirds, and butterflies, likes full sun and partial shade

COTONEASTER HORIZONTALIS

Rock Cotoneaster

D

2' to 3'

5' to 8'

Rounded to Wide-Spreading

X

X

Dense

X

Flat and wide-spreading; excellent ground cover for a large area.

DEUTZIA GRAXILIS

Slender Deutzia

D

2' to 4'

3' to 4'

Rounded

X

X

Inter-mediate

X

Very adaptable; best of the Deutzias; good flower display; use as a low hedge or screen.

FOTHERGILLA GARDENII

Dwarf Fothergilla

D

2' to 4'

3' to 4'

Rounded

X

Inter-mediate

X

Requires moist, acid soils; handsome flowers and foliage; possible for a variety of uses.

HYPERICUM FRONDOSOM

Golden St. Johnswort

D

3' to 4'

3' to 4'

Upright

X

Inter-mediate

X

Excellent for filler strip along stream.

HYPERICUM PROLIFICUM

Shrubby St. Johnswort

D

2' to 4'

2' to 4'

Rounded

X

X

Dense

X

Tolerates a variety of adverse conditions; attractive bright yellows flowers add color in summer.

POTENTILLA FRUTICOSA

Bush Cinquefoil

'Ferreri'

'Moonlight'

D

1' to 4'

2' to 4'

Rounded

X

X

Inter-mediate

X

Graceful, refined appearance; requires pruning every 2 to 3 years to keep from becoming straggly; handsome low shrub.

SPIRAEA X BUMALDA

Bumalda Spirea

'Anthony Watereri'

D

2' to 3'

3' to 5'

Rounded to Wide-Spreading

X

Dense

X

Often used as a facer plant for tall, leggy screens; tolerates all but wet soils.

Effective on: 1/1/1901

VIII. Large Evergreen Shrubs

PLANT CHARACTERISTICS

PLANT USES

SCIENTIFIC NAME

Common Name

'Cultivar'

COMMENTS

ILEX X ATTENUATA

Foster Holly

'Fosteri'

E

10' to 20'

5' to 10'

Pyramidal

X

X

Very Dense

X

X

X

Dense, handsome evergreen; excellent year-round screen; possible winter damage.

JUNIPERUS CHINENSIS

Chinese Juniper

'Hetzii'

'Keteleeri'

'Mint Julip'

'Mount Batten' 'Pfitzeriana'

'Robusta Green'

E

12' to 25'

Varied

Varied

X

Very Dense

X

X

X

X

Only cultivars are acceptable; uses depend on the size, shape, and growth habit of each cultivar; dense evergreen forms.

PINUS MUGO

Mugo Pine

E

15' to 20'

20' to 30'

Varied

X

Inter-mediate

X

Variable in form, although normally low, and broad-spreading, can be pruned yearly to keep dwarf.

PLATYCIADUS ORIENTALIS

Oriental Arborvitae

E

15' to 25'

10' to 12'

Pyramidal to Oval

X

X

Very Dense

X

X

X

X

Dense evergreen form; tolerates heat and adverse soils; needs wind and protection.

TAXUS CUSPIDATA

Yew (Cult)

'Capitada'

'Intermedia'

'Nana'

'Thayen'

E

10' to 20'

10' to 30'

Varied

X

X

Very Dense

X

X

X

Responds well to pruning and can be kept much smaller than size listed; excellent dense hedges.

VIBURNUM RHYTIDOPHYLLUM

Leatherleaf Viburnum

E

10' to 15'

10' to 15'

Rounded

X

X

Dense

X

X

X

Blends well with other evergreens; tolerates heavy shade; best used in large area.

Effective on: 1/1/1901

IX. Medium Evergreen Shrubs

PLANT CHARACTERISTICS

PLANT USES

SCIENTIFIC NAME

Common Name

'Cultivar'

COMMENTS

CHAMECYPARIS PISIFERA

Sawara Falselyparis

'Cyano-viridis'

'Filifera' 'Filifera Aurea'

'Plumosa'

'Pulomosa Aurea'

'Squarrosa'

E

6' to 8'

6' to 7'

Varied

X

Very Dense

X

X

X

X

Only cultivars are acceptable for this size group; numerous outstanding cultivars; all prefer moist, humid conditions; large variety of forms, colors, and textures.

ILEX CRENATA

Japanese Holly

'Convexa'

'Microphylla'

'Rotundiflolia'

E

5' to 8'

5' to 8'

Rounded

X

X

Dense

X

X

Slow growth rate limits use as a large screen; possible winter damage pending on cultivar; best used as a low shrub or hedge.

ILEX GABRATA

Inkberry

E

6' TO 8'

8' TO 10'

Oval to Rounded

X

X

Dense

X

X

Becomes somewhat open with age, but responds well to heavy pruning; slow growth rate; many uses.

ILEX VERTICILLATA

Winterberry

E

6' to 9'

6' to 9'

Oval to Rounded

X

X

Dense

X

X

X

X

X

X

Excellent for wet areas; requires both male and female plant for fruit; prefers rich acid soils; slow growing.

ILEX MESERVE

Meserve Holly

'Blue Angel' 'Blue Prince'

'Blue Princess'

E

6' to 10'

6' to 10'

Varied

X

X

Dense

X

X

X

X

Shrubby evergreen form; seldom any winter damage; one of the hardiest and most ornamental holly; can be kept smaller by pruning.

*JUNIPERUS COMMUNIS

Common Juniper

E

5' to 10'

8' to 12'

Varied

X

Dense

X

X

X

Attractive to wildlife, excellent for songbirds cover and screen

KALMIA LATIFOLIA

Mountain-laurel

E

7' to 10'

7' to 10'

Rounded

Dense

X

X

Can grow to 30' further south; handsome broadleaf evergreen; requires rich, moist, acid soil.

PIERIS JAPONICA

Japanese Pieris

E

9' to 12'

6' to 8'

Oval

Dense

X

X

X

X

Broadleaf evergreen; requires rich, moist, acid soil, difficult to grow; requires winter protection; highly recommended for use with other broadleaf evergreens; should only be used in protected areas.

(Varieties)

Rhododendron (Var)

E

Var

Var

Varied

Dense

X

X

X

X

Requires shade and protection from winter and wind damage; excellent plant where it will grow; blends well with other broadleaf evergreens.

TAXUS X MEDIA

Anglojap Yew

'Brownii'

'Chadwickii'

'Densiformis'

'Hatfieldii'

'Hicksii'

'Wardii'

E

5' to 12'

Var

Varied

X

X

Very Dense

X

X

X

X

X

Can eventually grow to 10' tall if not pruned; responds extremely well to pruning and can be kept as low as 2' to 3' tall indefinitely; makes an excellent hedge.

Effective on: 1/1/1901

X. Small Evergreen Shrubs

PLANT CHARACTERISTICS

PLANT USES

SCIENTIFIC NAME

Common Name

'Cultivar'

COMMENTS

CHAMAECYPARIS OBTUSA

Hinoki Falsecypress

'Compacta'

'Grachs' 'Nana Gracillis'

E

5' TO 7'

5' TO 7'

Rounded

X

Very Dense

X

X

Straight species can grow to 60' or more in height; only cultivars are acceptable; thick, dark green foliage.

LEUCOTHOE FONTANESIANA

Drooping Leucothoe

E

5' TO 7'

5' TO 7'

Weeping

X

Inter-mediate

X

Fountain-like appearance; intolerant of drought or winds; good undergrowth plant; broadleaf evergreen.

PINUS MUGHO

Mugho Pine

'Compacta' var. mugho

'Slavinii'

E

5' TO 7'

5' TO 7'

Varied

X

Very Dense

X

X

Slow-growing; cultivars seldom become large enough to meet some landscape screening requirements; excellent low evergreen screens.

Effective on: 1/1/1901

XI. Low Evergreen Shrubs

PLANT CHARACTERISTICS

PLANT USES

SCIENTIFIC NAME

Common Name

'Cultivar'

COMMENTS

BRUXUS MICROPHYLLA

Littleleaf Boxwood

'Compacta' var koreana

'Tide Hill'

'Wintergreen'

E

3' to 4'

3' to 4'

Rounded

X

X

Very Dense

X

Handsome, compact evergreen; protect from drying winds and very low temperatures; excellent hedge or screening.

ILEX CRENATA

Japanese Holly

'Glory'

'Green Luster'

'Hellen'

'Hetzi'

E

2' to 4'

2' to 4'

Rounded to Spreading

X

Dense

X

X

Straight species is too large for this size group, numerous outstanding cultivars; possible need for winter protection depending on cultivar; excellent for a variety of uses.

JUNIPERUS CHINENSIS

var. sargentii

Sargents Chinese-Juniper

E

1.5' to 2.5'

7' to 9'

Wide-Spreading

X

X

Very Dense

X

One of the mist adaptable junipers; salt-tolerant and blight resistant; excellent evergreen ground cover.

JUNIPERUS HORIZONTALIS

Creeping Juniper

'Plumosa'

'Plumosa Compacta'

'Youngstown'

E

2' to 2.5'

6' to 10'

Wide Spreading

X

X

Very Dense

X

Compact evergreen form; one of the most popular junipers.

PICEA ABIES

Norway Spruce

'Nidformis'

E

3' to 5'

4' to 5'

Rounded to Wide Spreading

Very Dense

X

Straight species is too large for this size group; handsome birds’ nest shaped evergreen.

PRUNUS LAUROCERASUS

Common Laurelcherry

'Ohio Luyken'

'Rotundifolia'

'Zabeliana'

E

3' to 6'

3' to 6'

Rounded to Wide-Spreading

Dense

X

Broadleaf evergreen shrub; possible winter damage; handsome when used as a hedge; withstands pruning well.

TAXUS BACCATA

English Yew

'Repandens'

E

2' to 4'

3' to 5'

Rounded to Wide-Spreading

X

X

Very Dense

X

Straight species exhibits frequent winter damage; 'Repandens' is a dwarf cultivar and is hardy.

Effective on: 1/1/1901

XII.Large Street Trees

PLANT CHARACTERISTICS

PLANT USES

SCIENTIFIC NAME Common Name 'Cultivar'

                  COMMENTS               

ACER RUBRUM

Red Maple

'Armstrong' '

Autumn Flame' 'Columnar'

'October Glory'

'Red Sunset'

'Scarlet Sentinel'

D

40' to 60'

40' to 50'

Oval

X

7'+

X

X

X

X

X

Numerous cultivars are superior to the straight species and should be considered for use. Requires room to develop; won't tolerate heavily polluted urban streets; preferred food of Asian Longhorn Beetle. Surface roots for species diversity, too many already.

ACER SACCHARUM

Sugar Maple

D

60' to 75'

50' to 60'

Rounded

X

X

X

7'+

X

x

X

X

One of the best larger lawn and shade trees; not for downtown or other crowded areas. Possible use in suburban areas as a street tree. Intolerant of road salt. Subspecies "Nigrum" is more drought tolerant.

CELTIS LAEVIGATA

Sugar Hackberry

D

60' to 80'

50' to 60'

Rounded

X

X

X

7'+

X

X

X

Wonderful shade tree. Locate where mechanical injury unlikely; tends to rot if injured.

CELTIS OCCIDENTALIS

Common Hackberry

'Chicagoland'

'Prairie Pride'

D

40' to 60'

40' to 60'

Rounded

X

X

7'+

X

Excellent wildlife tree. 'Prairie Pride' is immune to mite that causes witches’ broom.

CLADRATIS KENTUKEA

Yellowwood

D

30' to 50'

40' to 50'

Vase Shaped

X

7'+

X

X

X

X

Excellent flowers and foliage; tolerates moist soil conditions; poor branching angles often require corrective pruning; surface roots.

GLEDISTIA TRIACANTHOS var

Thornless Honey Locust

'Moriane'

'Shademaster'

'Skyline'

D

50' to 75'

30' to 50'

Rounded

X

X

7'+

X

X

X

Only thornless cultivars are acceptable; cultivars have less disease and insect problems than straight species; provides a light, filtered shade; widely used.

HALESIA TETRAPTERA

Carolina Silverbell

D

30' to 40'

20' to 35'

Oval to Rounded

X

X

5'+

X

X

X

Prefers rich, well drained, acid soils; intolerant of adverse conditions; often must be limbed to meet ordinance.

LIQUIDAMBAR STYRACIFLUA

Sweetgum

'Festival'

'Moraine'

'Happidaze'

' Rotundiloba'

D

60' to 70'

40' to 50'

Pyramidal to Oval

X

8'+

X

X

X

X

Excellent tree for large areas; extensive root system needs room to develop; avoid polluted areas. Fruit can be considered a nuisance. Needs pH of 6.5 or less. 'Happidaze' and 'Rotundiloba' are almost fruitless.

NYSSA SYLVATICA

Black Gum, Tupelo

D

30' to 50'

20' to 30'

Oval to Rounded

X

X

X

5'+

X

X

X

X

X

One of the most beautiful native trees; intolerant of high pH soils difficult to transplant.

OSTRYA VIRGINIANA

Hophornbeam

D

25' to 40'

20' to 30'

Rounded

X

X

X

5'+

X

X

X

X

X

Good tree where space is limited; somewhat slow to establish; occasionally must be limbed. Lovely bark and foliage.

QUERCUS ALBA

White Oak

D

60' to 100'

50' to 80'

Rounded

X

X

X

7'+

X

X

X

X

Drought Tolerant.

*QUERCUS BICOLOR

Swamp White Oak

D

50' to 60'

50' to 55'

Rounded

X

X

7'+

X

X

X

X

Excellent floodplain tree. Good anywhere; drought tolerant.

QUERCUS COCCINEA

Scarlet Oak

D

70' to 75'

40' to 50'

Pyramidal to Rounded

X

X

X

7'+

X

X

X

Difficult to locate commercially; outstanding ornamental tree; somewhat difficult to transplant.

QUERCUS FALCATA

Southern Red Oak

D

70' to 80'

50' to 70'

Rounded

X

X

X

7'+

X

Tolerates some part shade. Grows well in sandy soils. Tolerates poor soils and drought. Also tolerates soils with brief flooding.

QUERCUS IMBRICARIA

Shingle Oak

D

50' to 60'

40' to 60'

Oval to Rounded

X

X

X

7'+

X

X

X

X

Nice tree when allowed room to develop; easier to transplant than most oaks. Tolerates most adverse conditions.

QUERCUS MUEHLENBERGII

Chinkapin Oak

D

70' to 80'

80' to 100'

Rounded

X

X

X

7'+

X

X

X

X

Easily grown in average, medium, well-drained soils in full sun. Relatively good drought tolerance.

QUERCUS NIGRA

Water Oak

D

50' to 80'

40' to 60'

Oval to Rounded

X

X

X

7'+

X

X

X

X

Used extensively in the South; adaptable to moist, wet sites; leaves persist into winter.

QUERCUS PHELLOS

Willow Oak

D

40' to 60'

40' to 50'

Pyramidal to Oval

X

X

X

7'+

X

X

X

X

Very handsome tree; widely used in South; finer textured than other oaks.

QUERCUS RUBRA

Northern Red Oak

D

60' to 75'

40' to 50'

Rounded

X

X

X

7'+

X

X

X

X

Widely used; fast growing oak; transplants easily; valuable for a variety of landscape uses.

QUERCUS SHUMARDII

Shumard Oak

D

40' to 60'

40' to 50'

Rounded

X

X

X

7'+

X

X

X

X

Not widely known and difficult to find commercially. Excellent street tree

TAXODIUM DISTICHUM

Bald Cypress

'Shawnee Brave'

D

50' to 70'

20' to 30'

Pyramidal

X

X

X

7'+

X

X

X

X

Often must be limbed up to meet ordinance requirements; handsome specimen tree.

TILIA AMERICANA

American Linden

D

60' to 80'

30' to 60'

Rounded

X

7'+

X

X

Inferior to T. cordata, attracts birds and butterflies, Easily grown in average, medium moisture, well-drained soils in full sun to part shade. Tolerates some drought, Generally intolerant of air pollution and urban conditions.

ULMUS PARVIFOLIA

Lacebark Elm

D

40' to 50'

40' to 50'

Rounded

X

X

X

7'+

X

X

X

Resistant to Dutch Elm disease; often confused with U. pumila, but is a much superior ornamental tree. Produces lots of seedlings, but doesn't seem to move to the woods. Aggressive root system, absorbs water, nutrients and space.

ACER BUERGERANUM

Trident Maple

D

30' to 35'

25'

Oval-Rounded to Round Rounded

X

X

X

5'+

X

Fall color; can be trained to a single trunk and limbed up; popular street tree.

ACER CAMPESTRE

Hedge Maple

D

25' to 35'

25' to 35'

Rounded

X

X

X

5'+

X

X

X

Excellent medium-sized tree; useful in areas where space is limited; attractive dark green foliage.

AESCULUS Carnea

'Red Horse Chestnut'

D

30' to 40'

30' to 40'

Rounded

X

X

7'+

X

Foliage tends to scorch in dry conditions.

CARPINUS BETULUS

European Hornbeam

'Asplenfolia'

'Columnaris'

'Fastigiata'

D

40' to 60'

30' to 50'

Oval

X

X

X

X

X

X

Must be limbed up to meet Landscape Ordinance requirements; outstanding specimen tree; there are many excellent cultivars that deserve use.

CERCIDPHYLLUM JAPONICUM

Kastura Tree

D

40' to 50'

30' to 50'

Oval to Columnar

X

X

X

7'+

X

X

X

X

Limed up to meet ordinance requirements. Shallow roots. Drought intolerant; must be watered in a drought.

CORYLUS COLUMA

Turkis Filbert

D

40' to 50'

20' to 30'

Pyramidal

X

X

5'+

X

X

X

Excellent street tree. full sun to part shade. Best in full sun. Tolerates average soils, but not unamended heavy clays. Newly planted trees need consistent moisture. Once established in the landscape, trees tolerate drought.

EUCOMMIA ULMOIDES

Hardy Rubber Tree

D

40' to 50'

40' to 50'

Rounded

X

X

X

7'+

X

X

X

X

Virtually problem free; outstanding dark foliage; lacking in other ornamental qualities; excellent street tree. Very drought tolerant; must cut water sprouts.

GINGKO BILOBA

(Male Only) Ginkgo

'Autumn Gold'

'Fastiagata'

D

50' to 80'

30' to 50'

Pyramidal to Rounded

X

X

X

7'+

X

X

X

Good street tree, tolerates air pollution, Tolerant of a wide range of soil conditions,

LARIX DECIDUA

European Larch

D

70' to 75'

25' to 35'

Pyramidal

X

7'+

X

X

X

X

Nice specimen tree for large areas; intolerant of adverse conditions; messy winter appearance; does well in wet areas; especially good for tough sites.

METASEQUOIA GLYPTOSTROBOIDES

Dawn Redwood

D

70' to 100'

25'

Pyramidal to Conical

X

X

X

8'+

X

X

X

Can suffer from early freeze damage; should only be used in large areas; very adaptable. Limb up for street tree.

PARROTIA PERSICA

Persian Parrotia

D

20' to 40'

15' to 30'

Oval

X

X

X

5'+

X

X

X

Outstanding bark and foliage color; needs shade, good soil, moisture.

PHELLODENDRON AMURENSE

Cork Tree

D

30' to 45'

30' to 40'

Rounded

X

X

X

5'+

X

X

X

Withstands most adverse conditions, useful in largest settings. Male only for street tree, female is invasive.

PLANTANUS x ACERIFOLIA

London Planetree

'Bloodgood'

D

70' to 100'

60' to 80'

Pyramidal to Rounded

X

X

8'+

X

X

Tolerates adverse conditions; best used in large areas because of size; disease and insect problems can be serious; surface roots; good tough street tree.

QUERCUS ACUTISSIMA

Sawtooth Oak

D

35' to 45'

30' to 40'

Rounded

X

X

X

7'+

X

X

X

X

Slow growth rate limits use; lustrous dark green foliage; not widely known but deserves more use. Doesn't produce much fruit; remove lower branches as street tree.

STEPHANOLOBIUM JAPONICUM

Japanese Pagoda

'Princeton Upright'

D

30' to 40'

40' to 60'

Rounded

X

X

7'+

X

X

X

Excellent flowers; adaptable to moist conditions; good tree for a variety of uses; should be used more extensively. Beans are messy and discolor concrete.

STYRAX JAPONICUS

Japanese Snowbell

D

20' to 30'

20' to 30'

Rounded

X

X

7'+

X

Likes good soil, uniform moisture and a bit of shade. Low branched.

TILIA CORDATA

Littleleaf Linden

'Chancellor'

'Greenspire'

'June Bride'

D

60' to 70'

30' to 50'

Oval

X

X

7'+

X

X

X

X