Lake Lotawana City Zoning Code
CHAPTER 425
Landscaping and Buffers
Section 425.010 Landscaping And Screening, Generally.
[Ord. No. 849 § 425.1, 10-16-2007]
A.
Purpose. The purpose of these buffer yard and screening requirements is to promote the public health, safety and welfare by establishing efficient, effective minimum standards for buffering between land uses of different intensities, screening of land uses and utility and equipment areas that may create a negative impact, for the protection of natural resources, and the installation and continued maintenance of landscaped areas within the City.
B.
Interpretation Of Landscaping Terms. Where necessary to interpret the precise meaning of technical landscaping terms used in these regulations, reference shall be made to "The American Standard For Nursery Stock" as published by the American Association of Nurserymen (AAN).
Section 425.020 Landscaping Plan Required.
[Ord. No. 849 § 425.2, 10-16-2007]
A.
A plan showing required buffer yards and landscaping of the buffer yards shall be submitted together with a site plan or application for a building permit for any development, except for farms, or the development of one (1) single-family dwelling or two-family dwelling. All landscaping plans for buffer yards and related areas shall include the following information:
1.
The locations, varieties, number and size of plants to be planted within required landscaped buffer yard areas;
2.
Topographic information showing the final site grading and drainage for the landscape area, and specifically identified planting for areas needing slope protection;
3.
Impervious surfaces, including sidewalks, pavement areas and building footprints;
4.
Property boundaries;
5.
Mature sizes of plant materials shall be drawn to scale;
6.
Existing trees which shall be preserved, eight-inch caliper or larger, measured two (2) feet above ground level, that are proposed to remain; and
7.
The boundaries and edge treatments of all landscaped and buffer yard areas.
Section 425.030 Minimum Size Of Landscape Materials.
Section 425.040 Buffer Yards And Screening Development Standards.
[Ord. No. 849 § 425.4, 10-16-2007]
The following standards shall apply to all multi-family dwellings and all commercial and industrial projects which site plans also shall include detailed drawings of enclosure and screening methods as provided. The buffer yards required between land uses are shown in Exhibit 425-A and diagrams of the buffer yards are shown in Exhibit 425-B. Upon a determination of the required buffer yard types, applicant has the option of selecting a preferred buffer yard type alternative, though the final buffer yard type alternative will be determined pursuant to the development review process.
Exhibit 425-A: Required Buffer Yard Types | ||||||
|---|---|---|---|---|---|---|
Adjacent Development | Proposed Development | |||||
Agriculture | Single-Family | Two-Family; Multi-Family | Office | Neighborhood Commercial | Highway Commercial | |
Agriculture | Not Required | B | B | C | D | E |
Single-family | B | Not Required | B | D | E | E |
Two-family; Multi-Family | B | B | Not Required | C | D | D |
Office | C | D | C | Not Required | C | C |
Neighborhood Commercial | D | E | D | C | Not Required | A |
Highway Commercial | E | E | D | C | A | Not Required |
Exhibit 425-B: Buffer Yard Types Alternatives  |
Section 425.050 Buffer Yard Location.
[Ord. No. 849 § 425.5, 10-16-2007]
Buffer yards and open spaces shall be provided on the site of the new development regardless of existing setbacks, buffer yards or open space otherwise provided on the existing developed site unless the Planning and Zoning Commission shall have determined, upon application, that provision of the required buffer yard would be a hardship and a satisfactory waiver of the required buffer yard has been executed by all owners of property abutting the portion of the development site on which the buffer yard is required. Buffer yards may be included within required building setbacks and shall be shown as landscape easements on the plat and site plan.
Section 425.060 Screening Of Utility Areas And Equipment.
[Ord. No. 849 § 425.6, 10-16-2007]
A.
Solid Waste Collection Areas. Solid waste receptacles, shipping pallets, bundled cardboard and similar waste materials stored for collection shall be enclosed on all sides and screened from public view of adjoining residential properties or any street right-of-way with a six-foot solid enclosure with a gate. The enclosure shall be constructed of cedar, redwood, masonry or other material compatible with the structure. The floor of the gated enclosure shall be a concrete pad which shall extend five (5) feet beyond the gate. Trash enclosures shall be located a minimum of fifty (50) feet from any residential zoning district.
B.
Mechanical Equipment. Roof-mounted equipment, including ventilators and satellite dishes, shall be screened from view or isolated so as not to be visible from any public right-of-way or residential zoning district within two hundred fifty (250) feet of the subject lot. Roof screens and parapet walls shall be coordinated with the structure to present a unified appearance. All electrical and mechanical equipment located at ground level shall be screened from view or isolated so as not to be visible from the right-of-way of an arterial street or residential zoning district within two hundred fifty (250) feet of the subject lot. Such screens and enclosures shall be coordinated with the structure to present a unified appearance.
Section 425.070 Fencing Standards.
[Ord. No. 849 § 425.7, 10-16-2007; Ord. No. 24-08, 6-4-2024; Ord. No. 24-14, 8-20-2024]
A.
Fences For Non-Agricultural Land Uses. Opaque or solid fences shall be placed no closer to the front lot line than the front yard setback line established by the structure(s) erected upon said lot. Picket fences and chain-link fences not exceeding four (4) feet in height, wrought iron fences and other decorative fences may be located in the front yard; provided, that they do not conflict with the sight triangle. Except that for first-tier lots in the Lakeside Residential Zoning District, the application of this Section shall apply to the rear yard lot lines.
B.
Fences For Agricultural Land Uses. The use of property line fences is encouraged to prevent livestock from crossing onto adjacent property. The fencing shall be maintained in good repair.
C.
Height. Fences shall not exceed six (6) feet in height in residential districts except where used for public utilities, public or private schools, or public or private recreation facilities. Fences in the "LR" District shall not exceed forty-eight (48) inches in height.
D.
Electric Fences. Electric fences shall be permitted only for agricultural land uses.
E.
Barbed Wire Fencing. Barbed wire fences or barbed wire assemblies atop fences shall be permitted in the Office/Technology Center District and for agricultural land uses, and may be incorporated into fencing for utility substations, but shall be prohibited in all other districts.
Section 425.080 Screening For Commercial And Office Uses.
[Ord. No. 849 § 425.8, 10-16-2007]
The intent of commercial and industrial lot screening is to ensure that items which cannot be enclosed within a structure are screened on all sides from the view of adjacent rights-of-way and more restrictive zoning districts.
Section 425.090 Outside Storage.
[Ord. No. 849 § 425.9, 10-16-2007]
A.
The outside storage of salvage or scrap materials, household goods or furniture, or business equipment or materials for more than forty-eight (48) hours shall not be allowed except where permitted by these regulations and shall comply with these screening standards.
B.
Loading, storage and service areas shall be visually screened from view of residentially zoned properties by use of a fence or wall, dense landscape plantings and/or berms. Such screening shall provide at least seventy-five percent (75%) overall visual screening of the loading and service area(s) as viewed from vantage points on lines perpendicular to the surfaces of the object(s) being screened.
C.
All commercial and industrial uses shall be screened with a wall, or combination wall and berm, not less than eight (8) feet in height, which shall be of solid opaque construction. The wall design and construction materials shall be approved by the Planning and Zoning Commission.
D.
No yard or storage lot shall be placed on or maintained within a required yard setback.
E.
Stored items shall not project above the screening.
F.
No dust, fumes, smoke, vibration or odor from any storage site shall be detectable on neighboring properties.
G.
All sites shall be maintained free of vermin infestation and shall be cleaned of litter and loose debris on a regular basis as established by the Administrator based upon the storage use of the property.
H.
All sites shall be secured from unauthorized entry.
Section 425.100 Timing Of Installation Of Required Landscaping.
[Ord. No. 849 § 425.10, 10-16-2007]
All required landscaping materials shall be in place prior to occupancy of a structure, weather permitting. In periods of adverse weather conditions, temporary approval to occupy may be granted, subject to the posting of a cash escrow or irrevocable letter of credit in an amount equal to one and one-half (1 1/2) times the estimated cost of the landscaping, with the estimated cost to be certified by the landscape provider. The cash escrow or irrevocable letter of credit shall be forfeited if the landscaping is not completed within one (1) year after the approval of the temporary occupancy, subject to a waiver permitted by these regulations. Forfeiture of any cash escrow or irrevocable letter of credit shall not relieve the owner of the responsibility to complete the required landscaping.
Section 425.110 General Landscaping And Site Maintenance.
[Ord. No. 849 § 425.11, 10-16-2007]
A.
The applicant, property owner and/or subsequent or successor owners and their agents shall be responsible for maintenance of any required landscaping and any landscaped buffer yard on the property on a continuing basis for the life of the development.
B.
All required landscaping shall be maintained in a neat and orderly manner at all times. This shall include, but not be limited to, mowing, edging, pruning, fertilizing, watering, weeding and other activities common to the maintenance of landscaping. Failure to maintain the landscape plantings shall be considered a violation of these regulations.
C.
Landscaped areas shall be kept free of trash, litter, weeds and other materials or plants not a part of the landscaping.
D.
All required plant material shall be maintained in a healthy, growing condition appropriate for the season. Plant materials which exhibit evidence of insect pests, disease and/or damage shall be appropriately treated, and dead plants promptly removed and replaced with the next planting season.