(A)   All open areas of a lot not used for buildings, parking, circulations, patios or storage must be landscaped with a combination of canopy trees, ornamental trees, evergreen trees, shrubs, flowers, sod, ground cover and other site design features to ensure soil stabilization. This requirement shall not apply to undisturbed areas retained in a natural state or areas within the D-H Development Holding District.

   (B)   Fences, hedges, walls and other landscaping shall be located entirely upon the property which they serve. Fences, hedges, walls and other landscaping obstructing a utility or drainage easement or extending beyond the legal property boundary may be removed at the owner’s expense.

   (C)   Landscape plans shall be submitted for all site and subdivision related applications where exterior construction and development activity will occur, except for the construction of an individual single-family or two-family dwelling.

   (D)   Landscape plans shall be prepared by a registered landscape architect or other qualified individual for planned unit developments or development where there is greater than one acre of site disturbance.

   (E)   The following minimum number of plant materials shall be provided:

      (1)   All residential uses with three or more units and nonresidential uses shall provide:

         (a)   All structures must have foundation plantings consisting of shrubs, perennials and native grasses.

         (b)   All structures shall require an additional two shrubs per 1,000 square feet of new construction.

         (a)   The alternative meets the intent of this chapter and the site plan is similar in form, scale, and materials to existing features of the site and to surrounding development, and it includes amenities or improvements that address any adverse effects of the alternative. Site amenities may include but are not limited to additional open space, additional landscaping and screening, green roof, decorative or pervious pavers, state-of-the-art stormwater management, ornamental metal fencing, architectural enhancements, transit facilities, bicycle facilities, preservation of natural features, restoration of previously damaged environment, and rehabilitation of existing structures and places that have been locally designated or have been determined to be eligible for local designation as having historic significance.

         (b)   Strict adherence to the requirements is impractical because of site location or conditions and the proposed alternative meets the intent of the chapter.

         (c)   Existing plant materials, walls, fences or topography of the site and its surroundings make the required landscaping less necessary.

         (d)   The required landscaping will hinder truck access and service necessary to the operation of the use.

         (e)   The required landscaping may obstruct views of traffic or reduce natural surveillance of the site.

      (1)   All open, off-street parking areas shall have a minimum of one square foot of landscaping per ten square feet of parking using trees, shrubs or ground cover plants.

      (2)   The preservation of existing trees, shrubs and other natural vegetation in the parking area may be included in the calculation of the required minimum landscape area.

      (3)   Turf grass is permitted within landscaped areas located around the periphery of a parking lot.

      (1)   Meet the minimum standards set by the American National Standards Institute in ANSI Z60.1 American Standard for Nursery Stock.

      (2)   Landscape species shall be indigenous or proven adaptable to the climate, but shall not be invasive species.

      (3)   Landscape materials shall be tolerant of specific site conditions, including but not limited to heat, drought and salt.

      (4)   Existing healthy plant material may be utilized to satisfy landscaping requirements, provided it meets the minimum plant size specified in this division.

   (H)   Not more than 50% of the required number of trees shall be of the same species.

   (I)   Trees and shrubs may be clustered and do not need to be evenly spaced.

      (1)   It is preferable that trees be located between the sidewalk and the curb, within the landscaped area of a boulevard or in tree wells installed in pavement or concrete.

      (2)   If placement of street trees within the right-of-way will interfere with utility lines, trees may be planted within the front yard setback adjacent to the sidewalk.

   (J)   The following guidelines are recommended for the minimum sizes of plantings:

      (1)   Canopy trees – 2.5-inch caliper.

      (2)   Ornamental trees – 1.5-inch caliper.

      (3)   Evergreen tree – six-foot height.

      (4)   Deciduous or evergreen shrub – five-gallon pot.

   (K)   Mulch shall consist of shredded bark, chipped wood, or stone installed at a minimum depth of two inches. If stone is used it shall be spread over a permeable weed barrier fabric.

   (L)   All required plant materials shall be planted prior to issuing a certificate of occupancy.

      (1)   In the event that the project is completed during a time of year when planting is impractical, a performance guarantee meeting the requirements of and in the amount of the remaining improvements may be required.

      (2)   In such case that a performance guarantee is required, all landscaping shall be completed within one year after the certificate of occupancy has been issued.

   (M)   The continued maintenance of all required landscaping materials in a live and healthy state is a requirement of this code and is the responsibility of the owner and tenant of the property on which the materials are required.

      (1)   Plantings which have died shall be promptly replaced by the property owner in accordance with the landscape plan approved for the site.

      (2)   This requirement shall run with the land and be binding upon all future property owners.

      (3)   Failure to comply with this maintenance requirement shall be a violation of this section.

   (N)   Prior to the issuance of a building permit for all projects requiring approval of a landscape plan, the developers, contractor, or property owners shall deposit a security with the city to guarantee compliance with and to indemnify the city for any expenses incurred in enforcing the requirements of this section.

      (1)   Landscape security for all uses except one or two unit dwellings shall be in a form approved by the Departments and shall be equal to 125% of the estimated cost necessary to furnish and plant the required landscaping and any ancillary screening improvements such as fencing.

      (2)   The estimated cost shall be subject to approval by the city.

(Ord. 879, passed 10-28-2020; Ord. 3.1-24, passed 3-13-2024)

      (1)   Screening and buffering shall be used to provide visual and noise separation of more intensive uses from less intensive uses.

      (2)   Fences, hedges, walls and other landscaping shall be located entirely upon the property which they serve. Fences, hedges, walls and other landscaping obstructing a utility or drainage easement or extending beyond the legal property boundary may be removed at the owner’s expense.

      (3)   Screening shall be provided alongside side and rear property boundaries between nonresidential uses and residential uses. Screening for new construction shall consist of the following:

         (a)   The buffer area abutting the residential use must meet the width shown in the table below:

 

 

         (b)   The buffer area must contain a solid wall, opaque, commercial-grade fence, or hedge with year-round foliage, between six and eight feet in height. Screening within the front yard or corner side yard is limited to four feet in height. Height of screening shall be measured from the natural or approved grade.

         (c)   If the buffer area contains a hedge, the hedge shall be landscaped as a linear planting of closely spaced evergreen trees or shrubs maintained to form a dense, continuous barrier or boundary measuring at least six feet in height at maturity.

         (d)   The buffer area may be interrupted for necessary pedestrian or vehicular access.

         (e)   Screen plantings shall be permanently maintained by the owner of the property and any plant materials which do not live shall be replaced within six months.

         (a)   All refuse and recycling containers in all commercial, industrial, multi-family, or mixed-use zoning areas shall be screened on four sides (including a gate for access) by a solid, commercial-grade wood fence, wall or equivalent material that is architecturally compatible with the principal structure and has a height of between six feet and eight feet.

         (b)   Refuse enclosures shall be subject to the following:

            1.   A three foot setback is required to any lot line;

            2.   Shall include a durable gate system that remains closed when not in use; and

            3.   Shall allow for easy access by refuse and recycling contractors.

(Ord. 879, passed 10-28-2020; Ord. 3.2-24, passed 3-13-2024)

      (1)   Fences and hedges shall be located entirely on or within the boundaries of the property which they serve. Any fence or hedge obstructing a utility or drainage easement or extending beyond the property line may be removed at the owner’s expense.

      (2)   Barbed wire or above ground electric fences shall not be permitted, used, or constructed, except in industrial districts or where livestock are permitted.

      (3)   Fences and hedges shall be well-maintained and kept in a safe condition.

      (4)   The yard area between a fence and a property line shall be maintained in an attractive condition at all times.

      (5)   The finished or decorative side of a fence shall face adjoining property.

      (6)   Fences and hedges shall comply with the clear sight triangle regulations provided in § 154.271.

      (7)   In rear yards and side yards, fences shall not exceed six feet in height as measured from the finished grade, unless required by the city for screening, buffering, or safety.

      (8)   In front yards, fences shall not exceed 36 inches in height, except as provided in division (C) below.

      (1)   The height is required by the city for screening, buffering, or safety.

      (2)   The transparency of the fence is 50% or more.

      (3)   The transparency of the fence is less than 50%, provided that the property is a corner lot, and the fence is located within the front yard area. As defined in § 150.02, corner lots have more than one front yard area. At least one front yard area shall remain open and free of fences.

      (1)   Interior fences shall require a fence permit as described in division (E)(1) below if any of the following apply:

         (a)   Some portion of the fence will be located within a utility or drainage easement.

         (b)   Some portion of the fence will be located within a front yard area.

      (2)   Perimeter fences shall require a fence permit as described in division (E) below.

      (3)   Retaining walls measuring four feet in height or more from the bottom of the footing shall require a building permit.

      (1)   For all perimeter fences and interior fences requiring a fence permit, the applicant shall file the completed application form together with the applicable fees and any required exhibits with the Zoning Administrator prior to construction. Failure to obtain a permit prior to construction may result in administrative penalties in accordance with § 10.99.

      (2)   Before a fence permit may be issued, perimeter fences shall require neighbor agreements to be executed with the owners of the adjoining property as described in division (F) below, except where the adjoining property is a public right-of-way.

      (1)   All neighbor agreements shall be in a written format and signed by the owners of the adjoining properties before a notary public. Fully executed neighbor agreements shall be recorded at the Dodge County Recorder’s Office.

      (2)   All neighbor agreements shall include a clear assignment of responsibilities regarding construction and maintenance of the fence.

      (3)   If some portion of yard area exists between the fence and the property line, then the neighbor agreement shall include a clear assignment of responsibilities regarding maintenance of this yard area.

      (4)   If the responsibilities stated in divisions (F)(2) and (F)(3) are not shared between the adjoining property owners, then the neighbor agreement shall include a provision allowing for encroachment by the party responsible.

      (5)   If the responsibilities stated in divisions (F)(2) and (F)(3) are shared between the adjoining property owners, then the neighbor agreement shall optionally include a provision allowing for encroachment by either party.

      (1)   Fences erected for the protection of planting or to warn of construction hazard, or for similar purposes, shall be clearly visible or marked with colored streamers or other such warning devices at four- foot intervals. Such fences shall comply with all requirements set forth in this subchapter but shall not require a fence permit unless erected for more than 45 days in a calendar year.

      (2)   Fences erected to manage snow drift shall comply with all requirements set forth in this subchapter. Snow fences shall not require a fence permit and may be erected for more than 45 days in a calendar year but must be removed when snow accumulation is no longer expected.

(Ord. 879, passed 10-28-2020; Ord. 8.1-2021, passed 8-11-2021; Ord. 8.3-23, passed 8-23-2023; Ord. 10.1-24, passed 10-23-2024)