The Landscaping and Screening Regulations provide additional guidance on the development of sites within Kearney by addressing landscaping and screening requirements. They are designed to improve the appearance of the community, buffer potentially incompatible land uses from one another, and conserve the value of properties within the City of Kearney and its extra-territorial jurisdiction. The Landscape and Screening provisions are further intended to expedite development approval by including predictable, uniform standards for landscaping, avoiding the unnecessary use of Planned Development Districts.

The provisions of this section shall apply to all new development on each lot or site upon application for a building permit, except for the following:

A.

Reconstruction or replacement of a lawfully existing use or structure following a casualty loss.

B.

Remodeling, rehabilitation, or improvements to existing uses or structures which do not substantially change the location of structures, parking, or other site improvements.

C.

Additions or enlargements of existing uses or structures which increase floor area or impervious coverage area by less than twenty percent (20%) of the building established on the site on the effective date of this Ordinance. Where such cumulative additions or enlargements are twenty percent (20%) or greater, these provisions shall apply only to that portion where the new development occurs.

A.

Depth of Landscaping. Landscaping shall be required adjacent to each street property line and shall extend to a minimum depth inward on private property as set forth in the Site Development Regulations in Chapters 18 through 32. Depth of landscaping requirements adjacent to the Kearney East Expressway shall be twenty (20) feet for any zoning district.

B.

Additional Landscaped Area. BP Districts require additional street yard landscape of ten percent (10%) of the required depth of landscape.

C.

Obstructions. Landscape areas required by this ordinance shall not be obstructed by any type or size of fence.

(Ord. No. 6964, 6-10-2003; Ord. No. 8443, § 4, 10-13-2020)

A.

Official List of Recommended and Prohibited Plant Materials. Plantings shall be used in required landscaped areas or bufferyards consistent with the Official List of Recommended and Prohibited Plant Materials, provided through the office of the City Planner. All plant materials shall conform in size, species and spacing with this section of the ordinance.

B.

Required Right-of-Way Landscape. Plantings placed in the public right-of-way as defined by Section 7.502, shall be consistent with the depth of landscaping required by the underlying zoning.

C.

Use of Inorganic Landscaping Materials.

1.

No artificial trees, shrubs, plants or turf shall be used to fulfill the minimum requirements for landscaping. Inorganic materials, such as stone or decorative pavers, may be used provided that such material does not comprise more than thirty-five percent (35%) of the minimum required landscaped area. Other concrete and/or asphalt pavement surfaces may not be used within the minimum required landscaped area, except for driveways and walkways.

2.

Loose rock, mulch, bark or wood chips shall not be permitted within the required landscaped area adjacent to street rights-of-way.

(Ord. No. 6964, 6-10-2003, Ord. No. 8185, 10-10-2017)

A.

Bufferyard Applications. These provisions apply when use is established in a more intensive zoning district which abuts to a less intensive zoning district, residential use or for property that directly abuts the Interstate 80 right-of-way. A property shall not be considered abutting if it is separated by a street or an alley. All bufferyards must be free of paved access ways, storage, or other nuisance.

1.

The owner, developer, or operator of the more intensive use shall install and maintain a landscaped bufferyard on his/her lot or site, as set forth in the Site Development Regulations in Chapters 18 through 32. Bufferyards are not required of duplex or townhouse use types in the more intensive zoning district.

2.

Bufferyards of less than ten (10) feet in width shall require a six (6) foot high solid wood, PVC, and/or masonry fence or wall to be installed.

3.

Criteria for review and approval of appropriate bufferyard site design includes, but is not limited to the following: meets base bufferyard requirements, provides separation of uses, obstructs view between uses, allows access to utilities and detention, and maintains surface water drainage. Appropriate site design may allow for bufferyards to be incorporated into storm water detention, water quality areas, and utility easements.

Bufferyard landscaping shall consist of one of the following:

(a)

Hedges of evergreen or approved deciduous plant material, capable of providing a substantial opaque barrier, and attaining a minimum height of 6 feet within three years.

(b)

A solid wood, PVC, and/or masonry fence or wall at least six (6) feet in height.

(c)

A landscaped earth berm with a maximum slope of three (3) to one (1), rising no less than six (6) feet above the existing grade of the lot line separating the zoning districts.

(d)

Any combination of these methods that achieves a cumulative minimum height of six (6) feet and provides an opaque barrier.

B.

Screening Application. Screening is required between adjacent zoning districts when one (1) or more of the following conditions exist in the more intensive zoning district is visible from a street right-of-way or faces toward the boundary of the less intensive zoning district (Note 1):

1.

Outdoor storage areas, cargo containers or storage tanks, unless otherwise screened.

2.

Loading docks, refuse collection points, and other service areas.

3.

Major machinery or areas housing a manufacturing process.

4.

Major on-site traffic circulation areas or truck and/or trailer parking.

5.

Sources of glare, noise, or other environmental effects.

6.

Bailing or stockpiling of cardboard or other shipping or packaging materials.

7.

Surface parking lots with one hundred fifty (150) or more stalls directly adjacent to less intensive districts.

Note 1: Screening is required in M-1 and M-2 zoning districts when any of the above conditions exist and the more intensive zoning district is visible from a street right-of-way and faces toward the boundary of a less intensive zoning district.

C.

Opaque Barrier for Screening. A six (6) foot opaque barrier (Note 2) shall be provided which visually screens the conditions listed in Section 48-105.B as follows:

1.

A solid wood, PVC, and/or masonry fence or wall at least six (6) feet in height. Fence construction is required to meet the related regulations in Section 47-109 Fence Regulations of the ULDO.

2.

A landscaping screen, using evergreen or deciduous materials, capable of providing a substantially opaque, hedge-like barrier and attaining a minimum height of six (6) feet within three (3) years of planting.

3.

A landscaped earth berm with a maximum slope of three (3) to one (1), rising no less than six (6) feet above the existing grade of the lot line separating the zoning districts.

4.

Any combination of these methods that achieves a cumulative height of six (6) feet.

5.

Appropriate site design may allow for screening to be incorporated into storm water detention, water quality areas, and utility easements.

6.

Criteria for review and approval of appropriate screening site design includes but is not limited to the following: meets base screening requirements, provides separation of uses, obstructs view between uses, allows access to utilities and detention, and maintains surface water drainage.

7.

When a street separates adjacent zoning districts requiring screening, the height of the screen may be reduced at the discretion of the planning staff.

Note 2: A 10-foot opaque barrier shall be required along the Kearney East Expressway.

D.

Screening: Effect on Drainage. Screening shall not adversely affect surface water drainage.

E.

Permitted Interruptions of Screening. Screening may be interrupted to provide access drives to service areas or for loading purposes to buildings. Such breaks or interruptions shall not exceed twenty percent (20%) of the length of the required screened area.

(Ord. No. 6964, 6-10-2003; Ord. No. 7253, 4-11-2006; Ord. No. 8089, 7-12-2016; Ord. No. 8115, 11-8-2016; Ord. No. 8203, 12-12-2017; Ord. No. 8443, § 5, 10-13-2020)

A.

Landscape and Screening Requirements. Unless otherwise noted, each off-street parking facility of over six thousand (6,000) square feet shall comply with the following regulations:

1.

Each off-street parking facility shall provide a minimum landscaped buffer, depth of landscaping, and/or a combination of both along any street property line as set forth in Site Development Regulations in Chapters 18 through 32.

2.

Any parking facility which abuts property in a residential district shall provide a fence, wall, landscape screen, or earth berm not less than four (4) feet in height for the length of the common boundary. A grade change, terrace, or other site feature which blocks the sight line of headlights into a residential property may satisfy this requirement, subject to the determination of the City Planner. When a street separates adjacent residential use or district requiring screening, the height of the screening may be reduced at the discretion of the planning staff.

3.

Any parking facility with over one hundred twenty-five (125) parking spaces is required to install landscape islands within the parking facility.

4.

Each unenclosed parking facility of over six thousand (6,000) square feet within any street yard shall provide interior landscaped area equal to no less than five percent (5%) of the total paved area of the parking facility. Parking facilities within the M-1 and M-2 Districts shall be exempt from this requirement.

5.

Interior landscaping shall be credited toward the satisfaction of overall landscaping requirements set forth in this section.

6.

Landscaping or screening installed in any required landscaped area shall not obstruct the view from the off-street parking facility to any driveway approach, street, alley, or sidewalk. Landscaping shall further not obstruct any views among parking spaces and circulation ways, or visibility between vehicles and pedestrians.

(Ord. No. 6964, 6-10-2003; Ord. No. 8089, 7-12-2016; Ord. No. 8203, 12-12-2017)

A.

Quantity. In any landscaped area required by the Minimum Depth Requirements, one (1) tree of an approved species meeting minimum requirements shall be planted and maintained for each fifty (50) linear feet of street frontage. Existing trees approved for preservation shall be counted toward satisfaction of this requirement.

B.

Trees in Parking Lots. Any landscaped islands required to meet the interior landscaping requirements for parking lots shall include one (1) two-inch caliper or larger deciduous tree unless a light pole is located within the island. Additional shrubs and/or ground cover shall be planted in each island. Landscaped islands containing a tree shall not be less than three hundred sixty (360) square feet and designed to protect plant material from the intrusion of vehicles.

C.

Bonus. Any tree of an approved species planted or maintained with a caliper of three (3) inches or above shall count as 1.25 trees toward the satisfaction of the requirements of this section. An approved existing tree with a caliper of eight (8) inches or above preserved on a site shall count as 2.00 trees toward the satisfaction of the requirements of this section.

(Ord. No. 6964, 6-10-2003; Ord. No. 8089, 7-12-2016; Ord. No. 8203, 12-12-2017; Ord. No. 8443, § 6, 10-13-2020)

A.

Time of Application. The provisions contained in this Section shall be applied for each individual lot or site when an application for a building permit on such lot is made. A Landscape Plan shall be submitted with each application for a building permit. Such plan shall be reviewed by the City Planner for compliance with the provisions of this section.

B.

Maintenance of Required Landscaping.

1.

Upon installation of required landscape materials, the landowner agrees to promote vigorous growth of the required plants by performing continuous and properly timed maintenance. The maintenance responsibility consist of watering, weeding, mowing, trimming, fertilizing, controlling diseases and insects, pruning, removing stakes and wires used to secure the plant when planting and removing and replacing unhealthy, damaged and/or dead plants. The replacement plant must be the same species, size, and in the same location as shown on the approved landscape plan and planted during the next appropriate planting season. Substitute plants may be permitted by submitting a request to the City Planner.

2.

Gravel or rocked areas shall be properly and continuously maintained. Maintenance responsibilities include, but are not limited to, controlling weeds and having adequate gravel or rock coverage.

3.

Underground irrigation shall be provided for all landscaped areas in the R-2, R-3, R-4, and all commercial districts. Any lot containing less than three (3) residential units is exempt from providing underground irrigation. Within the BP District, underground irrigation shall be provided in all required landscaped areas.

C.

Obstruction of View. Landscaping or screening installed in any landscaped area shall not obstruct the view from or to any driveway approach, street, alley, or sidewalk, and shall be consistent with the provisions of Section 7-520 "Vision Clearance" of Chapter 7 "Park and Recreation" of the Code of the City of Kearney.

D.

Earth Berm Locations. All earth berm locations shall be reviewed by the City Planner, or his/her designee to determine how the berms shall relate to drainage and public utilities.

E.

Exceptions. A development may continue to comply with the bufferyard and screening requirements in effect at the time of issuance of its original permit, regardless of whether an adjacent lot or site is subsequently rezoned to a less intensive district which would otherwise require compliance with bufferyard or screening provisions.

(Ord. No. 7354, 5-8-2007; Ord. No. 8096, 9-13-2016; Ord. No. 8203, 12-12-2017; Ord. No. 8443, § 8, 10-13-2020)