Jefferson City Zoning Code
CHAPTER 12
42 LANDSCAPING REQUIREMENTS
§ 12.42.010 Purpose and intent.
The purpose of this chapter is to:
A.
Protect and enhance the community livability, character, welfare, health, and safety.
B.
Enhance the environmental, aesthetic and visual quality of the City.
C.
Safeguard the economic value of public and private investments.
D.
Provide buffering and screening between otherwise incompatible land uses.
E.
Mitigate the effects of noise, wind, sun, and loss of privacy.
(Ord. 614 § 2, 2000)
§ 12.42.020 Landscaping required.
A.
Three or More Dwellings on One Lot, Multifamily Dwelling.
1.
All required landscaping shall be completed prior to issuance of a certificate of occupancy, except that a certificate of occupancy may be issued prior to the completion of landscaping if the developer posts a financial security with the City as provided in Section 12.42.050.
2.
All yards adjacent to a street (exclusive of accessways and other permitted intrusions) shall be landscaped according to an approved landscape plan. Guidelines for landscaping these yards are found in Section 12.42.040.
3.
All areas designated for open space shall be landscaped according to an approved landscape plan.
4.
For every 2,000 square feet of gross site area there shall be at least one tree either new or existing.
B.
Commercial, Industrial, or Mixed Use.
(Ord. 614 § 2, 2000; Ord. 642 § 10, 2003; Ord. 731, 5/23/2024)
§ 12.42.030 Landscape plans.
With the exceptions noted below, all development applications involving buildings or parking areas must include landscape plans meeting the following provisions:
A.
Exceptions. The following types of development are not required to submit landscape plans:
B.
Identification of Existing Trees. Existing trees over nine inches in diameter as measured three feet from ground level will be noted on all landscape plans, with notations indicating whether they are to be removed or utilized in the development. Clusters of trees in open space and floodplain areas may be noted in approximate locations.
C.
Commission Approval. When a development application is reviewed by the Planning Commission, the Planning Commission shall make findings that the landscape plan meets the guidelines or satisfies the purpose and intent of this chapter prior to approving the development application.
D.
Development Official Approval. When a development application is reviewed by the development official because no review by the Planning Commission is required, the development official shall make findings that the landscape plan meets the guidelines or satisfies the purpose and intent of this chapter prior to approving the development application.
(Ord. 614 § 2, 2000; Ord. 731, 5/23/2024)
§ 12.42.040 Front yard guidelines.
The following guidelines are intended to assist applicants in preparing landscape plans for yards adjacent to streets. These guidelines may be waived upon a finding that a proposed landscape plan meets the purpose and intent of this chapter. Landscaping per 1,000 square feet of yard adjacent to a street shall include:
A.
One tree at least one and one-half inches in caliper.
B.
Four one-gallon shrubs or accent plants.
C.
The remaining area treated with ground cover (e.g., lawn, bark, rock, ivy, or evergreen shrubs).
(Ord. 614 § 2, 2000)
§ 12.42.050 Financial security.
A.
A certificate of occupancy may be issued prior to the complete installation of all required landscaping if a financial security is filed with the City assuring that landscaping will be installed.
B.
The amount of the security shall be equal to 110% of the estimated cost of plant materials and labor as approved by the development official.
C.
The financial security may consist of a performance bond payable to the City, cash deposited with the City, a certified check payable to the City, an irrevocable letter of credit to the City, or such other assurances as may be approved by the city attorney.
D.
The applicant shall have a period of nine months to complete the landscape installation. An extension of three months may be granted by the development official when circumstances beyond the control the developer prevent earlier completion.
E.
If the installation of the landscaping is not completed within the required period, the security may be used by the City to complete the installation. Upon completion of the installation, any portion of the remaining security deposited with the City shall be returned to the developer.
F.
A final landscape inspection shall be made prior to any security being returned. Any portions of the plan not installed, or improperly installed, shall cause the inspection to be postponed until the project is completed or cause the security to be used by the City to correct the deficiency.
(Ord. 614 § 2, 2000)
§ 12.42.060 Maintenance of landscaped areas.
A.
Multifamily Dwelling, Commercial, Industrial, or Mixed Use.
1.
The property owner shall ensure that all vegetation required by an approved landscape plan survives for at least one year from the date of approval of the landscape installation. The owner shall be responsible for replacement of any such plants that die or become diseased within that year. Replacement plants shall be of the same general type, shape and function.
2.
The City shall conduct an inspection one year from approval of the landscape installation to ensure that all of the plants specified on the landscape plan are alive and healthy and that the purpose and intent of this chapter is being met.
B.
It shall be the continuing obligation of all property owners to maintain required landscaped areas, keep them free of weeds and noxious vegetation, and ensure that the purpose and intent of this chapter is met.
(Ord. 614 § 2, 2000; Ord. 642 § 11, 2003; Ord. 731, 5/23/2024)
§ 12.42.100 Buffering and screening-General requirements.
A.
In order to reduce the impacts on adjacent uses which are of a different type, buffering and screening is required in accordance with the following matrix. To use the matrix, find the column heading that best describes the development that is being applied for. Find the row heading that best describes the abutting land. The cell at the intersection of the column and row specifies the width of the buffer area, and whether or not screening is required. If the proposed development abuts more than one type of land, repeat the process for each type of abutting land to determine the buffering and screening along each section of the proposed development.
Buffer Depth (in feet) & Screening Matrix | Use Applied For | |||||
|---|---|---|---|---|---|---|
Single-Family and Duplex Dwelling | Multifamily Dwelling | Manufactured Home Park | Commercial or Professional | Industrial | ||
Any Residential District (R1, R2, or R3) | 0′ | 10′ | 10′ Screening | 10′ Screening | 20′ Screening | |
Manufactured Home Park | 10′ | 10′ | 0′ | 10′ Screening | 20′ Screening | |
Abutting land | Arterial Street (as designated by the Comprehensive Plan) | 10′ Screening | 10′ Screening | 10′ Screening | 0′ | 20′ |
Railroad | 10′ Screening | 10′ Screening | 10′ Screening | 10′ | 0′ | |
Commercial District | 10′ Screening | 10′ Screening | 10′ Screening | 0′ | 0′ | |
Industrial District | 20′ Screening | 20′ Screening | 20′ Screening | 0′ | 0′ | |
Mixed Use District | 0′ | 0′ | 10′ Screening | 0′ | 10′ Screening | |
B.
The property owner of each proposed development is responsible for the installation and maintenance of the specified buffers and screens.
C.
The buffering and screening requirements may be waived in whole or in part where buffering or screening has been provided on the abutting property in conformance with this chapter.
D.
Where a proposed use abuts undeveloped property, only one half of the buffer width shall be required.
(Ord. 614 § 2, 2000; Ord. 642 § 12, 2003; Ord. 731, 5/23/2024)
§ 12.42.110 Delineation of buffer areas.
A buffer consists of an area along a property line. It has a depth equal to the distance specified in the buffer matrix and contains a length equal to the length of the property line of the abutting use or uses.
(Ord. 614 § 2, 2000)
§ 12.42.120 Permitted within buffer areas.
A buffer area may only be occupied by utilities, screening, sidewalks, bikeways and landscaping. No buildings, driveways or parking areas are allowed in a buffer area except where a driveway has been approved by the City.
(Ord. 614 § 2, 2000)
§ 12.42.130 Buffering guidelines.
The following guidelines are intended to assist applicants in preparing landscape plans for buffer areas. These guidelines may be waived upon a finding that a proposed landscape plan meets the purpose and intent of this chapter. Landscaping within a buffer areas shall include:
A.
At least one row of trees. Deciduous trees shall be not less than one and one-half inches in caliper at time of planting and spaced not more than 30 feet apart. Evergreen trees shall be not less than five feet high at time of planting and spaced not more than 15 feet apart. This requirement may be waived where it can be demonstrated that such trees would conflict with other purposed of this code.
B.
At least 5 five-gallon shrubs or 10 one-gallon shrubs for each 1,000 square feet of required buffer area.
C.
The remaining area treated with ground cover (e.g., lawn, bark, rock, ivy, or evergreen shrubs).
(Ord. 614 § 2, 2000)
§ 12.42.140 Screening guidelines.
Where the screening matrix in Section 12.42.100(A) specifies screening, the following guidelines will apply in addition to buffering guidelines. The guidelines are intended to assist applicants in preparing landscape plans for screening. These guidelines may be waived upon a finding that a proposed landscape plan meets the purpose and intent of this chapter. Screening shall consist of one of the following:
A.
One row of evergreen shrubs which will grow to form a continuous hedge at least four feet in height within two years of planting, or
B.
A fence or masonry wall at least five feet tall constructed to provide a uniform sight-obscuring screen, or
C.
An earth berm combined with evergreen plantings or a fence which forms a sight and noise buffer at least six feet in height within two years of installation.
(Ord. 614 § 2, 2000)
§ 12.42.200 Clear vision.
The landscaping provisions of this chapter are superseded by the clear vision requirements of Section 12.40.080.
§ 12.42.210 Trees detrimental to public infrastructure.
A.
Because of the potential negative impact of some species of trees on the public roadways, sidewalks and utilities, the public works department shall maintain a list of trees that are prohibited on the public right-of-way.
B.
Because of the potential negative impact of some species of trees on the public sewers (sanitary and storm) the public works department shall maintain a list of trees that are prohibited in the vicinity of any public sewer. Anyone wishing to plant a tree on this list anywhere within the City shall apply to the public works department. The public works department shall approve the site only if the tree roots will not be likely to interfere with public sewers.
C.
No trees, and no shrubs or plantings over 18 inches in height, shall be planted in the public right-of-way abutting roadways having no established curb or gutter.
(Ord. 614 § 2, 2000)
§ 12.42.220 Height requirements.
All trees or shrubs must be trimmed to maintain a minimum canopy height of eight feet above sidewalks and 14 feet above streets or alleys.
(Ord. 614 § 2, 2000)
§ 12.42.230 Trimming, removal.
The public works department may cause any vegetation in or upon any parking strip, street right-of-way or other public place in the City to be trimmed, pruned, or removed.
(Ord. 614 § 2, 2000)
§ 12.42.240 Nuisance removal.
Any tree, shrub, plant, or other vegetation growing in or upon any parking strip, street right-of-way, public place, or on private property which may endanger the security or usefulness of any public street, sewer, or sidewalk, or which in any way may be dangerous to life or property is declared to be noxious vegetation and may be abated as provided in Section 5.04.170.
(Ord. 614 § 2, 2000)