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Lakemoor City Zoning Code

LANDSCAPING AND

SCREENING

§ 22.130 INTENT AND PURPOSE.

   This section establishes ecological and environmental requirements to reduce air and noise pollution and to improve the appearance of the village. The requirement applies to all new construction and to all enlargements or expansions of any structure, related parking or paved service areas that abut a residential district or street, taking place after the effective date of this chapter.
(Ord. 480B, passed 8-21-1953; Ord. 90-O-036, passed 11-8-1990; Ord. 14-O-36, passed 11-14-2014)

§ 22.131 APPLICABILITY.

   All development shall comply with the provisions of this subchapter and shall provide landscaping in accordance with the provisions of said subchapter, except for the following:
   (A)   Single-family lots. Development of a dwelling in any single-family residential district.
   (B)   Previously approved development. Development pursuant to plans that received all required final approvals of the village prior to the effective date of this code.
(Ord. 480B, passed 8-21-1953; Ord. 90-O-036, passed 11-8-1990; Ord. 14-O-36, passed 11-14-2014)

§ 22.132 LANDSCAPING AND SCREENING REQUIREMENTS .

   (A)   Transitional screening requirements. In any non-residential zoning district where a rear lot line or side lot line coincides with a rear or side lot line of property in an adjacent residential district, buffering and screening shall be required. Such buffering shall consists of landscape planting area that is at least ten feet wide, as well as a single or combination thereof of the following types of screening that must be at least six feet in height at the time of installation.
      (1)   Well maintained masonry wall or board on board fence;
      (2)   An offset double row of evergreen trees;
      (3)   An offset double row of densely planted landscape material; and
      (4)   A combination of items (1) through (3).
   (B)   Parking lot screening. All paved service areas, drive aisle and off-street parking areas abutting a Residential District or street shall be effectively screened on each side adjoining a Residential District or adjoining a public way, by a landscape planting area that is at least eight feet wide and includes a well- maintained wall or densely planted compact hedge designated to provide year round opacity.
      (1)   Along the frontage of a public way, said screening shall consists of a three-foot high continuous row of shrubs that provides year round opacity. In the interest of safety, so that the line of sight will not be obstructed, the minimum height shall be lowered at street intersections and driveways to not less than 18-inches as determined by the Director of Community and Economic Development or designee.
      (2)   Adjoining a Residential District, said screening shall be at least six feet in height.
   (C)   Parking lots and garages islands.
      (1)   All parking lots shall be setback at least eight feet from the side and rear property lines. This open green space shall consist of trees and shrubs in an amount and arrangement that will create an aesthetic visual situation as determined by the village administration.
      (2)   Landscape islands that are at least nine feet in width and planted with one live shade tree that has a trunk caliper size of two and one-half inches at the time of installation shall be required after every 20 parking stalls and at the end of each row of parking. Open parking areas larger than four spaces but smaller than 20 parking spaces shall provide proportional amounts of open green space and live greenery.
      (3)   Parking lot islands within garage structures shall be stripped and a minimum of nine (9) feet in width and eighteen (18) feet in depth.
   (D)   Refuse areas, outdoor storage lots, off street loading areas, and ground based mechanical equipment.
      (1)   All refuse areas, containers, off-street loading, and outdoor storage areas within a residential district must be located in the side and/or rear yard and shall be screened by a solid wall or fence that does not exceed six feet in height. All refuse areas, containers, off street loading areas, and outdoor storage areas within a non-residential district, must be located in the rear or side yard and shall be screened within an enclosure that does not exceed eight feet and provides year round opacity.
      (2)   Ground based mechanical equipment shall be screened by an architecturally compatible screen wall or dense landscaping that provides year round opacity.
   (E)   Detention and retention basins. Landscaping shall be required along the perimeter of detention and retention basins in order to minimize their negative visual impact. Such landscaping shall consist of trees and shrubs in an amount and arrangement that will create an aesthetic visual situation as determined by the village administration.
   (F)   Foundation landscaping. Foundation landscaping shall be provided on those sides of the building which face a public right-of- way. The foundation landscaping shall be located in a planting bed that is at least five feet in width. Such landscaping shall consist of trees and shrubs in an amount and arrangement that will create an aesthetic visual situation as determined by the village administration.
   (G)   Ground cover. Grass or other ground cover shall be planted over all landscaped areas including berms, except in areas planted in flowers, shrubs or trees, so as to present a finished appearance. Non-living landscaping materials such as stone, rocks, or barks may be substituted for living ground cover.
   (H)   Roof-mounted mechanical equipment. All mechanical equipment located on the roof of any building shall be fully screened by a parapet wall or structure that is architecturally compatible with the principal building. The screening shall not be less than 12 inches higher than the highest point of such equipment. The parapet wall or similar structure shall be made of the same materials as the principal façade of the building except only if other materials are approved in advance in writing by the village administration.
(Ord. 480B, passed 8-21-1953; Ord. 90-O-036, passed 11-8-1990; Ord. 14-O-36, passed 11-14-2014; Ord. 17-O-32, passed 10-3-2017; Ord. 18-O-14, passed 5-15-2018; Ord. 19-O-06, passed 3-5-2019; Ord. 19-O-20, passed 9-17-2019)

§ 22.133 LANDSCAPE PLAN REQUIRED.

   (A)   A landscape plan shall be filed with an application for:
      (1)   Rezoning;
      (2)   Conditional use permit;
      (3)   Any variance from landscaping or screening requirements;
      (4)   Planned Unit Development preliminary or final plan approval;
      (5)   Preliminary or final plat approval as provided in the subdivision control ordinance; and
      (6)   Building permit or certificate of occupancy.
   (B)   The President and Board of Trustees may waive or defer this requirement in any instance in which the specific use of the premises, and therefore the specific landscaping and screening requirements applicable, are not yet determined, such as in the case of a rezoning for an industrial subdivision.
(Ord. 480B, passed 8-21-1953; Ord. 90-O-036, passed 11-8-1990; Ord. 14-O-36, passed 11-14-2014)

§ 22.134 GENERAL STANDARDS APPLICABLE TO ALL LANDSCAPING.

   (A)   Varieties of living landscape materials used shall be healthy, hardy and drought-resistant; be suitable for the climate and environmental influences on the site, such as exposure to sun, wind, water, heat, automobile exhaust fumes and road salt; and be compatible with the slope of the site, with existing vegetation to be preserved, and with utilities above or below ground level. Where appropriate, landscape materials shall be protected from damage from pedestrian or vehicular traffic by tree grates, pavers or other measures.
   (B)   All landscaping shall be maintained in good condition at all times. All dead, diseased or damaged plant material shall be replaced promptly with live plant material in good condition and in quantities and sizes so that the requirements of this subchapter are met at all times.
   (C)   All yards and open space shall be kept free of accumulations of garbage, trash, refuse, debris and other unsightly or nuisance creating materials.
   (D)   All landscaping shall be continually maintained by the owner or other person responsible for maintenance of the premises, and all planting areas shall be kept free of weeds and debris, provided that such persons shall be encouraged to allow the propagation of Asclepias, commonly known as milkweed, or such plants recognized by the National Wildlife Federation as being native nectar plants or pollinator friendly species.
   (E)   Undeveloped areas shall be mowed and kept free of accumulations of garbage, trash, refuse, debris and other unsightly or nuisance creating materials.
   (F)   All landscape areas located within a parking lot or adjacent to any public right-of-way shall be designed to properly contain all landscape materials and to prevent encroachment by vehicles and vehicle overhang.
   (G)   No artificial materials shall be used to satisfy the requirements of this subchapter.
(Ord. 480B, passed 8-21-1953; Ord. 90-O-036, passed 11-8-1990; Ord. 14-O-36, passed 11-14-2014; Ord. 24-O-05, passed 3-19-2024)

§ 22.135 PROTECTION AND PRESERVATION OF EXISTING TREES.

   (A)   Intent and purpose. This part of the landscape section establishes requirements to protect and preserve existing trees throughout the village. The requirement only applies to all public and private new construction on lots or parcels greater than five acres. Lots and parcels of land that are less than five acres, and existing developed or contiguous single-family subdivided residential lots and public rights-of-way shall be excluded from the requirements of this section.
   (B)   Tree removal. No tree having a trunk size of three inches or greater in diameter, as measured six inches above the established ground level shall be removed from unimproved or partially improved land prior to receiving approval of a tree survey and preservation plan from the village administration.
   (C)   Protection of existing trees.
      (1)   Tree survey. A tree survey shall be submitted to the Director of Community and Economic Development for review, by anyone planning any site development. The tree survey shall indicate the location, size and species (both common and botanical name) of all trees located on the parcel with a trunk size of three inches or greater, as measured six inches above the established grade.
      (2)   Integration of existing tree in site and landscape plan. Subject to the determination by the village administration, a reasonable effort shall be made to retain existing trees on the tree survey through the integration of those trees into the site and landscape plan for a proposed development. If a reasonable effort integration into the development plan is not possible, the developer may choose to mitigate the trees in dispute based upon the exchange rate set forth in § 22.135(D). In the event that a development plan is not required but a landowner desires a to clear the site of trees, a tree survey is still required. In such an instance, quality trees will be required to be preserved.
      (3)   Tree preservation plan. A tree preservation plan indicating the location and species of those trees to be preserved and the methods which are to be used to preserve such trees shall be submitted to the Director of Community and Economic Development. A tree preservation plan shall specify the following preservation techniques:
         (a)   Grading and construction equipment. All grading and construction equipment shall be prohibited from encroaching upon the tree’s drip line.
         (b)   Material detrimental to trees. Crushed limestone and other materials detrimental to trees shall not be dumped within the drip line of any tree nor at any higher location where drainage towards the tree could conceivably affect the health of the tree.
         (c)   Installation of snow fencing. Snow fencing shall be installed during construction at the periphery of the tree’s drip line. In areas where a tree is in the construction zone and fencing the drip line is not possible, two by six inch by eight foot long boards banded or wired around each trunk shall be provided as protection to adequately prevent scarring.
         (d)   During construction. If trees have their roots exposed, the roots are to be pruned. If exposed roots are greater than two inches, the tree crown is to be pruned to compensate for the root loss. Also, the tree shall be watered and fertilized.
      (4)   Preservation methodology. The methods which are to bused to preserve those trees shall be clearly specified on the preservation plan. These shall, at a minimum, include the preservation techniques listed above, although alternative methods may be considered. If in the opinion of the village administration, the necessary precautions as specified in the preservation plan for the development were not undertaken before or during construction to ensure the preservation of those trees, the building permit for the parcel shall not be issued, or if previously issued may be revoked until such time as these precautions have been complied with.
   (D)   Removal of trees designated for preservation. If a tree designated for preservation on the preservation plan is destroyed or razed during the construction or removed without receiving approval, a permit or in the field adjustment, such trees shall be replaced with new trees in accordance with the following:
      (1)   Exchange rate.
 
Existing Tree (diameter in inches)
Number of Replacement Trees
3-11
1
12-20
2
21-29
3
30 or greater
4
 
      (2)   Minimize size of replacement trees. All replacement trees shall have a minimum trunk caliper size of two and one-half inches as measured six inches above the established grade, upon installation.
      (3)   Species of replacement trees. The following are examples of replacement trees (ash trees are specifically prohibited):
         (a)   Linden;
         (b)   Maple (excluding silver maple and other similar softwood species);
         (c)   Hackberry;
         (d)   Ginko;
         (e)   Oak;
         (f)   Thornless honey locust; and
         (g)   Kentucky coffee tree.
      (4)   Amended landscape and tree preservation plan. Removal of trees designated for preservation shall be allowed only by amending the landscape and tree preservation plan and with the approval of the village administration. The amended plan shall indicate the location, species and size of all replacement trees in accordance with the recommendations of the village administration.
      (5)   In the field adjustments. In the field adjustments to trees designated for preservation on the preservation plan may be necessary during the course of construction. In such instances, the developer or property owner shall not remove any trees designated for preservation prior to site inspection and/or consultation with the village. If it is agreed that any tree designated for preservation substantially impedes the development, in the field adjustments may be approved by the village administration.
      (6)   Replacement/relocated trees. Any relocated or replaced tree shall be guaranteed survival for up to one growing season. In the event a relocated or replaced tree dies or is in declining condition, the tree shall be replaced with a two and one-half inch caliper shade tree.
      (7)   Compliance guarantee. Upon application for a building permit, the owner or developer shall furnish a letter of credit in the amount of 30% of the value of the landscape improvements on the approved landscape plan and $200 for each tree designated to remain or be transplanted on the approved tree preservation plan. A cost estimate of landscape improvements shall be submitted to the village, and will be used to calculate the letter of credit amount based upon the percentages above. The owner or developer shall agree that the letter of credit shall by the village for a period of 18 months after the final completion of such work. This will be held for the purpose of guaranteeing the securing the correction of any defect or death of plant material furnished, transplanted or preserved on site, which was not discernable at the time of final inspection or acceptance by the village. If such defects have developed, then the letter of credit may be applied by the village for any amounts incurred in correcting such defects; and that the balance of such letter of credit, if any held at the end of such 18-month period shall be returned by the village to the owner or developer, or paid to the order of the depositor, without interest.
(Ord. 480B, passed 8-21-1953; Ord. 90-O-036, passed 11-8-1990; Ord. 14-O-36, passed 11-14-2014)