This article contains the standards which govern the amount, size, type, installation and maintenance of required landscaping. This article recognizes the important and diverse benefits which landscaping provides in terms of protecting the health, safety, and general welfare of the community, and implementing the Comprehensive Master Plan.

Each section of this article is oriented to a specific category of required landscaping. These include landscaping requirements for foundations (Section 98-604); landscaping requirements for developed lots (Section 98-605); landscaping requirements for street frontages (Section 98-606); landscaping requirements for paved areas (section 98-607); landscaping requirements for permanently protected green space areas (section 98-608); landscaping requirements for reforestation (section 98-609); and landscaping requirements for buffer yards (Section 98-610).

In each instance, a "landscaping point" concept is used to provide a maximum amount of flexibility in terms of the selection of plant materials. Section 98-603 presents sample landscape point combination alternatives used by this chapter. At the end of this article, Section 98-611 provides a listing of plant species fitting into the "climax tree," "tall deciduous tree," "medium deciduous tree," "low deciduous tree," "tall evergreen tree," "medium evergreen tree," "low evergreen tree," "tall deciduous shrub," "medium deciduous shrub," "low deciduous shrub," "medium evergreen shrub," "low evergreen shrub," and "noncontributory plants" used by this chapter. Section 98-612 provides requirements for the installation and maintenance of required landscaping, and Section 98-613 describes the procedure for calculating landscaping requirements for this section.

All landscaping requirements are stated in terms of the number of landscaping points required. The required number of landscaping points is dependent upon the type of land use, the zoning district, and the size of the development. A different number of points are awarded for each plant, depending upon its typical growth rate, its mature height, and whether it is a deciduous or evergreen species. A minimum installation size is required for each of these plant categories. These requirements are as follows:

Depiction of sample landscaping schemes. Illustration 98-603, shown below, depicts sample landscaping schemes that may be used for building foundations, developed lots, street frontages, paved areas, reforestation, and buffer yards. In general, landscaping schemes similar to Alternative A are best for building foundations, landscaping schemes similar to Alternative B are best for developed lots, landscaping schemes similar to Alternative C are best for street frontages, landscaping schemes similar to Alternative D are best for paved areas (including parking lots, walkways and plazas), landscaping schemes similar to Alternative E are best for reforestation, and landscaping schemes similar to Alternative F are best for buffer yards. A detailed listing of which plant species fit each plant type is provided in Section 98-611.

Measurement for landscaping requirements. A minimum amount of landscaping points, based upon the zoning district, is required for the linear feet Building Foundations, the gross floor area of buildings on Developed Lots, the linear feet of street frontage, and the total combined area of paved areas. The following diagram illustrates the measurement techniques used to determine these requirements:

This section requires that certain buildings constructed after the effective date of this chapter (see Section 98-011) be accented by a minimum amount of landscaping placed near the building foundation.

Landscaping required by this section shall be placed so that at maturity, the plant's drip line is located within 10 feet of the building foundation. Such landscaping shall not be located in those areas required for landscaping as street frontages, paved areas, protected green space areas, reforestation areas, or buffer yards, under Sections 98.605 through 98.609, of this article. See Section 98-603(2)(A) for a suggested scheme.

For each 100 feet of building foundation perimeter, the following number of landscaping points (per Section 98-603) shall be provided on a prorated basis, and installed and permanently maintained per the requirements of Section 98-612.

Climax trees and tall trees shall not be used to meet this requirement. The intent of this section is to require a visual break in the mass of buildings and to require a visual screen of a minimum of six feet in height for all exterior perimeter appurtenances (such as HVAC/utility boxes, standpipes, stormwater discharge pipes and other pipes.)

This section requires that certain lots developed after the effective date of this chapter (see Section 98-011) contain a minimum amount of landscaping.

Landscaping required by this section is most effective if located away from those areas required for landscaping as building foundations, street frontages, paved areas, protected green space areas, reforestation areas, or buffer yards, under Sections 98.605 through 98.610, of this section. See Section 98-603(2)(B) for a suggested landscaping scheme.

The following number of landscaping points (as described in Section 98-603) shall be provided on a prorated basis for every 1,000 square feet of gross floor area, and installed and maintained per the requirements of Section 98-612.

The intent of this section is to provide yard shade and to require a visual screen of a minimum of six feet in height for all detached exterior appurtenances (such as HVAC, utility boxes, standpipes, stormwater discharge pipes and other pipes).

This section requires that street frontages on certain lots developed after the effective date of this chapter (see Section 98-011) contain a minimum amount of landscaping in those areas which abut the right-of-way of a public street.

All landscaping used to meet this requirement shall be located within 10 feet of the public right-of-way. In no instance shall such landscaping be located within a public right-of-way. See Section 98-603(2)(C) for a suggested landscaping scheme. Landscaping shall not impede vehicle or pedestrian visibility.

For every 100 linear feet of street frontage where a developed lot abuts a public street right-of-way, the following number of landscaping points (as described in Section 98-603) shall be provided on a prorated basis, and installed and maintained per the requirements of Section 98-612.

Shrubs shall not be used to meet this requirement. A minimum of 50% of all points shall be devoted to climax and/or tall trees and a minimum of 30% of all points shall be devoted to medium trees.

This section requires that paved areas on certain lots developed after the effective date of this chapter contain a minimum amount of landscaping within, and within 10 feet of, the paved area. The intent is to require a continuous visual screen of parking areas from public rights-of-way at a minimum height of 40 inches. For every 10 parking spaces, the equivalent area of an eleventh parking space shall be provided as a landscaped island or peninsula within the parking area.

A minimum of 360 square feet of landscaped area, which shall be located within 10 feet of the paved area, is required for the placement of every 100 landscaping points. Said area does not have to be provided in one contiguous area. Sample configurations are depicted in Section 98-603, above. Plants used to fulfill this requirement shall visually screen parking, loading and circulation areas from view from public streets.

All landscaping areas located adjacent to paved areas shall be separated from the paved area by a continuous minimum four-inch-tall curb which is constructed of concrete, asphalt, timber or like material approved by the Director of Public Works.

For every 20 off-street parking stalls or 10,000 square feet of pavement (whichever yields the greater landscaping requirement) located in a development, the following number of landscaping points (as described in Section 98-603) shall be provided on a prorated basis, and installed and maintained per the requirements of Section 98-612. A minimum of 30% of all points shall be devoted to climax and/or tall trees and a minimum of 40% of all points shall be devoted to shrubs.

This section requires that each acre of other permanently protected green space (Section 98-204) after the effective date of this chapter (see Section 98-011) be planted with a minimum amount of landscaping.

For every one acre of other permanently protected green space in a development, 200 landscaping points (as described in Section 98-603) shall be provided. In addition, adequate ground cover shall be provided to stabilize the soil.

This section requires that each area required to be reforested, be reforested and maintained in a manner appropriate to site conditions.

A detailed reforestation plan shall be submitted by the property owner and approved by the City prior to clear cutting. This plan shall be reviewed by a reforestation consultant chosen by the City, with funding for consulting services provided by the petitioner to the City.

Rationale: The provisions of this section are designed to ensure that reforestation efforts required as part of woodland disruption mitigation standards result in the thorough and reasonably rapid replacement of the important and varied environmental functions which woodlands provide. See Section 98-507.

Purpose. This section provides the landscaping and width requirements for buffer yards on lots developed after the effective date of this chapter. (See Section 98-011). A buffer yard is a combination of distance and a visual buffer or barrier. It includes an area, together with the combination of plantings, berms and fencing, that are required to eliminate or reduce existing or potential nuisances. These nuisances can often occur between adjacent zoning districts. Such nuisances are dirt, litter, noise, glare of lights, signs, and incompatible land uses, buildings or parking areas.

Rationale: One of zoning's most important functions is the separation of land uses into districts which have similar character and contain compatible uses. The location of districts is supposed to provide protection, but in the City of Lake Geneva, this is not the case since zoning districts permitting uses as diverse as single-family residential and industrial uses were located next to one another long before the effective date of this chapter. Buffer yards will operate to minimize the negative impact of any future use on neighboring uses.

Required locations for buffer yards. Buffer yards shall be located along (and within) the outer perimeter of a lot wherever two different zoning districts abut one another. Buffer yards may be located in required setback areas. In such instances, the one-half of the buffer yard requirements of this section shall be used instead of the street frontage landscaping required in Section 98-606, if such requirements of this section are greater. (In such instances, the width of the right-of-way may be counted as contributing to the width requirements for a buffer yard, however the minimum width required along the street frontage by Section 98-606 shall be provided in all cases.) Buffer yard plantings or structures shall not be located on any portion of any existing, dedicated, or officially mapped right-of-way.

Determination of required buffer yard. The determination of buffer yard requirements is a two-staged process. First, the required level of buffer yard opacity is determined using Table 98-610(4)(a). Opacity is a quantitatively derived measure which indicates the degree to which a particular buffer yard screens the adjoining property. The required level of opacity indicated by this Table is directly related to the degree to which the potential character of development differs between different zoning districts. The provisions of this subsection indicate the minimum requirements for buffer yards located along zoning district boundaries.

Tables for required buffer yards: see below for Tables 98-610(4)(a) and (b).

Installation.

Maintenance. The continued and continual maintenance of all required landscaping and buffer yard materials shall be a requirement of this chapter and shall be the responsibility of the owner of the property on which said materials are required. This requirement shall run with the property and is binding upon all future property owners. Development of any and all property following the effective date of this chapter shall constitute an agreement by the property owner to comply with the provisions of this section. Upon failure to comply with these provisions, the City may enter upon the property for the purpose of evaluating and maintaining all required landscaping and buffer yard materials, and may specially assess the costs thereof against the property. Failure to comply with this requirement shall be considered a violation of this chapter, and shall be subject to any and all applicable enforcement procedures and penalties. (See Section 98-936.)

Use of required buffer yard and landscaped areas. Any and all required buffer yards or landscaped areas may be used for passive recreation activities. Said areas may contain pedestrian, bike or equestrian trails provided that: no required material is eliminated; the total width of the required buffer yard, or the total area of required landscaping, is maintained; and all other regulations of this chapter are met. In no event, however, shall swimming pools, tennis courts, sports fields, golf courses, or other such active recreation used be permitted in such areas. Furthermore, in no instance shall any parking be permitted in such areas, nor shall any outdoor display of storage of materials be permitted in such areas. Paving in such areas shall be limited to that required for necessary access to, through, or across the subject property.

Utility easements. Landscaping materials, fences and berms which are located within a duly recorded utility easement and/or a pedestrian easement shall not count toward meeting a landscaping requirement. However, the width of such areas may be counted as part of a landscaping requirement.