Kearney City Zoning Code
ARTICLE XXVI
Landscaping Regulations
Section 405.750 Purpose.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
The intent of this Article is to provide shade and to enhance the aesthetic qualities of the City; to encourage the use of landscape vegetation to visually soften paved areas and hard architectural lines; to ensure the preservation and/or replenishment of trees native to the region. The desired aesthetic quality will be achieved through the landscaping requirements set in this Article that apply to urban developments. Specifically, these regulations are intended to increase the compatibility of adjacent uses requiring a buffer or screen between uses, to minimize the harmful impact of noise, dust, debris, motor vehicle headlight glare or other artificial light intrusions, and other objectionable activities or impacts conducted or created by an adjoining or nearby use.
Section 405.755 General Requirements.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
A.
All pervious land areas shall be brought to finished grade and planted in sod or seeded grass, native grasses or other appropriate ground covers. A minimum number of trees, shrubs, ground cover and/or sodded areas will be planted in accordance with the Article regulations, pertaining to each project, which shall be determined by the design criteria for the project relating to visual safety, species and landscape function. A landscape and screening plan shall be required as part of the site plan application for new construction or structural alteration of buildings in all zoning districts excluding single-family or duplex structures. Landscaping shall be installed prior to issuance of a certificate of occupancy.
1.
Plant units. Many of the landscaping standards of this Section are expressed in terms of the number of "plant units" required. Table 16 provides a breakdown of plant unit equivalencies. Greater plant unit value is assigned to native plants and the preservation of existing trees.
TABLE 16 SUMMARY OF PLANT UNIT EQUIVALENCIES | ||||
|---|---|---|---|---|
Type of Plant Material | Size of Plant Material | Equivalent Plant Units | Native Plant Incentive | Preservation of Existing Tree |
Deciduous Tree | 2.0" caliper | 6.5 | 8.5 | +3 |
Ornamental Tree | 1.5" caliper | 6 | 8 | +3 |
Ornamental Tree | 1.5" caliper | 6 | 8 | +3 |
Upright Evergreen | 4' minimum height | 2.5 | 3.25 | +2 |
Shrub | 18" — 24" spread | 1 | 1.25 | N/A |
Perennial/ Ornamental | 1 gallon | 1 | 1.25 | N/A |
2.
Plant quality. Plants installed to satisfy the requirements of this Section shall conform to or exceed the plant quality standards of the most recent edition of American Standard for Nursery Stock published by the American Nursery and Landscape Association. Plants shall be nursery-grown and adapted to the local area.
3.
Encouraged and discouraged plants. The Community Development Department shall keep on file a list of encouraged and discouraged plants.
4.
Existing trees. Table 16 gives additional plant units for existing trees that are preserved during construction. In the event that those trees that were intended to be preserved have to be removed during construction, additional trees will be planted to achieve the required number of plant units.
Section 405.760 Non-Residential Landscaping.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
A.
Open Space. The open space landscaping standards shall apply to all development.
1.
Plant units required. At least two (2) plant units shall be provided for each one thousand (1,000) square feet of lot area or fraction thereof.
2.
Location of plant units. Plant units required pursuant to this Section shall be installed in the area between the adjacent street and the primary building structure to the maximum extent possible.
3.
All land areas not covered by buildings or to be left unpaved shall be brought to finished grade and planted in sod, seeded or planted in native grasses or other appropriate ground covers.
B.
Street Frontage. At least seven (7) plant units shall be provided for every thirty (30) feet of street frontage.
C.
Buffering And Screening.
1.
For all buildings except single-family and two-family dwellings, all exterior trash storage containers shall be screened so that they are not visible from off the property. A permanent masonry or frame enclosure, compatible to the primary structure, shall be provided for dumpsters and exterior trash storage containers to the greater of two (2) feet above the height of the trash storage container or six (6) feet above the ground. A detailed drawing of enclosure and screening methods to be used in connection with trash bins on the property shall be included on the site plan or landscape plan.
2.
For all buildings, except residential structures, a solid screen fence or wall shall be provided, not less than six (6) feet in height, along all side and rear property lines which are common to property zoned or used for residential purposes, except that such screening shall not extend in front of the building line or adjacent dwellings and shall not be required where such screening exists on the abutting residential property. This height requirement is in addition to the buffering required by Table 17.
3.
Table 17 shall determine buffering between adjacent zone types.
TABLE 17 REQUIRED BUFFER TYPES BETWEEN ZONES | ||||
|---|---|---|---|---|
Proposed Development Zoning | Adjacent Zoning | |||
Residential Estate To Low Density Residential | Medium To High Density Residential | Commercial | Industrial | |
Residential Estate to Low Density Residential | — | — | — | — |
Medium To High Density Residential | A | — | — | — |
Commercial | C | B | — | — |
Industrial | C | C | — | — |
TABLE 18 BUFFER REQUIREMENTS | |||
|---|---|---|---|
Buffer Type | Buffer Width | Number of Plant Units1 | Mix of Plant Material |
A | 35 feet | 35 | Deciduous, ornamental and evergreen trees |
B | 35 feet | 45 | Deciduous, ornamental and evergreen trees |
C | 35 feet | 55 | Fence/wall or berm, plus deciduous, ornamental and evergreen trees |
1 | per 100 feet of buffer length |
4.
Location of buffers. Transition buffers shall be located along those portions of a site that are adjacent to and along those portions adjoining lots with a residential zoning classification. In the case of modifications or additions to an existing building or site, buffers shall only be required along those portions of the site that are directly affected by the proposed improvements as determined by the City.
5.
Use of buffers. Required buffers shall be reserved solely for open space and landscaping. No proposed building addition, structure, parking or storage area or any other type of physical land improvement shall be located in a required buffer, provided that driveways or roads may cross a required buffer if necessary to provide access to the building site. Sidewalks, paths and project identification signs may also be located within required buffers.
6.
Responsibility for installing buffers. The developing property shall always be responsible for providing required transition buffers. In those cases where a landscape buffer that complies with the standards of this Section is already in place, whether on the site of the developing property or on the site of the adjacent property, the developer may not be required to install another landscape buffer. The developer of a subdivision or other developing site shall only be responsible for ensuring that the intervening landscape buffer complies with the standards of this Section. Landscape buffers required for subdivisions shall be placed in easements.
7.
Berming. The use of berms in buffering shall not be required nor prohibited.
D.
Parking Lot. These parking lot landscaping standards shall apply to all off-street parking areas containing more than five (5) off-street parking spaces. They shall not apply to vehicle/equipment storage lots, vehicle and equipment sales lots or multi-level parking structures.
1.
Relationship to other landscaping standards. Landscaping provided to meet the open space or buffer landscaping standards of this Section shall not be counted towards meeting a project's parking lot landscaping requirements.
2.
Minimum plant units. At least twenty (20) plant units shall be provided for each ten (10) parking spaces within an off-street parking area. All landscaping areas that are not dedicated to trees shall be landscaped with grass, ground cover, shrubs or other appropriate landscape treatment. Sand or pavement shall not be considered appropriate landscape treatment.
3.
Location. Parking lot landscaping shall be reasonably dispersed throughout off-street parking areas.
4.
Planting areas. The interior dimensions of any planting area used to satisfy parking lot landscaping standards shall be sufficient to protect plant materials and to ensure proper growth. Planting areas that contain trees shall be at least seven (7) feet wide, and all planting areas shall be protected by raised curbs or wheel stops to prevent damage by vehicles and vehicle overhang.
Section 405.765 Downtown Landscaping Requirements.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
A.
Due to its prominence within the City, heightened landscape standards shall be used for downtown. Downtown is the geographical area delineated by the Central Business District ("CBD") Overlay District.
1.
For off-street parking lots, thirty (30) plant units shall be provided for every ten (10) parking spaces.
2.
At least seventy-five percent (75%) of plant units within downtown shall be ornamental trees or perennial/ornamental shrubs.
3.
All other requirements shall be consistent with the non-residential requirements.
Section 405.770 Timing For Establishing Landscape.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
A.
A landscaping and screening plan shall be required upon application for a building permit for new construction or structural alteration of buildings, in accordance with the approved site plan.
B.
All landscaping material will be established and healthy before the issue of certificate of occupancy. A temporary occupancy certificate may be issued prior to installation of required landscaping if written assurances and financial guarantees are submitted ensuring that planting will take place when planting season arrives. The amount of the financial guarantee shall be equal to two (2) times the estimated cost of the plant material based on written cost estimates provided by the developer. All landscaping will be established in a generally healthy state within one (1) year of a certificate of occupancy being issued.
C.
Landscaping plans will not be required for any modification to existing structures that does not increase the building footprint or intensity of use. Full compliance with the adopted landscaping code is required once a previously built development expands to two hundred percent (200%) of its building footprint and/or intensity of use compared to its use at the time this landscaping code was adopted. Partial compliance with the adopted landscape code is required for any parking and/or building expansion less than two hundred percent (200%) of the building footprint and/or intensity of use. The required number of plant units will be calculated proportionally based on the size of the building expansion and number of additional parking spaces to be constructed.
Section 405.775 Maintenance and Enforcement.
[Ord. No. 1101-2008 §§1 — 2, 10-20-2008]
Trees, shrubs, fences, walls and other landscape features depicted on plans approved by the City shall be considered as elements of the project in the same manner as parking, building materials and other details are elements of the plan.