Appendices
Defendant City of Newport (“City” or “Newport”) long ago gained a reputation as home to a veritable smorgasbord of vice, attracting patrons from across the nation. For decades, the small city was considered the Midwest’s answer to Las Vegas, and leaders of organized crime were said to operate its gambling casinos and nightclubs.
In the 1960’s, public pressure began to demand that Newport be cleaned up. This pressure has continued until the present, with varying degrees of success.
A 1986 report generated by the Newport Alcoholic Beverage Control Administrator indicated that of 28 adult bars opened since 1978 (including successive bars at the same site), 21 had had at least one prostitution-related conviction, and 18 had had multiple convictions. Def. Ex. K, p. 2. The report explained that “all of the prostitution in businesses with adult entertainment involved an alcoholic beverage as the median [sic] of exchange and the solicitation of such drinks by ‘mixers.’” Id. In all, 98% of prostitution arrests in Newport occurred in the vicinity of these bars. Id. Adult entertainment establishments, which constituted 12% of all businesses serving alcohol, accounted for 17% of all police runs. Def. Ex. K, p. 21.
A later review, conducted in 1990 by the Newport License Inspector, documented the continued prostitution arrests occurring at several adult dancing establishments. Def. Ex. G. Moreover, the City determined that over $ 70,000 was expended in 1990 to target, patrol and prosecute the illicit behavior occurring in and around the bars. Def. Ex. H.
Several of Newport’s citizens, merchants and church groups also opposed the presence of the semi-nude dancing clubs. These groups generally believed that the adult entertainment clubs were “clouds over [the] neighborhood that keep [it] from growing in the [right] direction.” See Def. Ex. I (letter to Mayor from Taylors Landing Business District). Complaints commonly expressed were that the seamy establishments deterred other merchants from locating in Newport’s business district, deterred shoppers, served a poor example for the City’s youth, and generally tarnished the City’s image. Id.
Bright Lights, Inc., v. City of Newport, 830 F. Supp. 378, 380-81 (E. D. Ky. 1993).
Based on those findings, the court went on to hold in relevant part:
Having considered the matter carefully, the court concludes that some leeway must be afforded the reform efforts of the City Council of Newport. This body has been elected by the citizens to attempt to “clean up the image” of the City.
To do this, it must overcome the sleazy impression of Newport and Northern Kentucky that survives from “the heyday” when things ran wide open; reform candidates were literally drugged and framed for morals offenses by public officials and police officers; the members of reform citizens groups were vilified and harassed; and a “liberal” in local parlance was a person favoring the continued open and notorious violation of the gambling and morals laws.
To illustrate that the Council’s perception of a need to clean up the image of the City is not paranoid, the court notes the following statements in a national magazine’s satirical Chapter on Newport’s big sister, the city of Cincinnati.
“The city’s streets fairly shine; the odd litterer draws a scornful stare. Wide avenues, bosky side streets, the most inviting of thoroughfares. And clean. So clean. No X-rated movie theaters, no adult-book stores, no bare-breasted night joints soil these streets, all of them long ago jettisoned over to the Kentucky side of the river.”
Peter Richmond, “Town Without Pity,” Gentlemen’s Quarterly, July 1993, at 102, 104.
This court holds that the City of Newport has the right to secede as Cincinnati’s combat zone.
The court holds that the City has “an important and substantial governmental interest” in advancing these reform goals, which interest is furthered by the ordinances in question. Barnes, 111 S. Ct. at 2461. The court further finds and holds that in the case of the City of Newport, given its unique history, the ordinances’ “incidental restriction on alleged First Amendment freedoms is no greater than is essential to the furtherance of that interest.” Id. (quoting O’Brien, 391 U.S. at 376-77, 88 S. Ct. at 1678-79).
Newport’s image affects that of all of Northern Kentucky, a community of nearly 300,000 people. That City and its community have the right to project a progressive and decent image. The nudity ordinances contribute to the enhancement of this interest and will be upheld. 830 F.Supp. at 384;
Effective on: 1/1/1901
Effective on: 1/1/1901
| MAXIMUM SIZE | ENTRAINED |
|---|---|
| Aggregate (inches) | Air (percent) |
| 1 - 1/4 | 5 + 1 |
| 3/4, 1 | 6 + 1 |
| 3/8, 1/2 | 7-1/2 + 1 |
| MAXIMUM SIZE | ENTRAINED |
|---|---|
| Aggregate (inches) | Air (percent) |
| 1 - 1/4 | 5 + 1 |
| 3/4, 1 | 6 + 1 |
| 3/8, 1/2 | 7-1/2 + 1 |
| MAXIMUM SIZE | ENTRAINED |
|---|---|
| Aggregate (inches) | Air (percent) |
| 1 - 1/4 | 5 + 1 |
| 3/4, 1 | 6 + 1 |
| 3/8, 1/2 | 7-1/2 + 1 |
| MAXIMUM SIZE | ENTRAINED |
|---|---|
| Aggregate (inches) | Air (percent) |
| 1 - 1/4 | 5 + 1 |
| 3/4, 1 | 6 + 1 |
| 3/8, 1/2 | 7-1/2 + 1 |
| TABLE 15.03-1 THICKNESS REQUIREMENTS OF SURFACE AND BASE COURSES FOR AUTOMOBILE AND TRUCK PARKING FACILITY PAVEMENTS | |||||||
|---|---|---|---|---|---|---|---|
| VEHICLE TYPE | FULL DEPTH ASPHALT CONCRETE | ASPHALT CONCRETE WITH GRANULAR SUBBASE | ASPHALT CONCRETE WITH GRANULAR BASE | ||||
| SURFACE KDOT (1) (SEC. 401, 402) TYPE B (INCH) | BASE KDOT (1) (SEC. 401, 403) (INCH) | SURFACE KDOT (1) (SEC. 401, 402) TYPE B (INCH) | BASE KDOT (1) (SEC. 401, 403) (INCH) | GRANULAR SUBBASE KDOT (1) (SEC. 303) INCH) | SURFACE KDOT (1) (SEC. 401, 402) TYPE B (INCH) | GRANULAR BASE KDOT (1) (SEC. 303) (INCH) | |
| Auto Parking Facilities | 1-1/2 | 4 | 1-1/4 | 2 | 6 | 2 | 9 |
| Truck Parking Facilities | 1-1/2 | 6 - 1/2 | 1-1/2 | 2-1/2 | 10 | N.A. | N.A. |
| |||||||
| TABLE 15.03-1 THICKNESS REQUIREMENTS OF SURFACE AND BASE COURSES FOR AUTOMOBILE AND TRUCK PARKING FACILITY PAVEMENTS | |||||||
|---|---|---|---|---|---|---|---|
| VEHICLE TYPE | FULL DEPTH ASPHALT CONCRETE | ASPHALT CONCRETE WITH GRANULAR SUBBASE | ASPHALT CONCRETE WITH GRANULAR BASE | ||||
| SURFACE KDOT (1) (SEC. 401, 402) TYPE B (INCH) | BASE KDOT (1) (SEC. 401, 403) (INCH) | SURFACE KDOT (1) (SEC. 401, 402) TYPE B (INCH) | BASE KDOT (1) (SEC. 401, 403) (INCH) | GRANULAR SUBBASE KDOT (1) (SEC. 303) INCH) | SURFACE KDOT (1) (SEC. 401, 402) TYPE B (INCH) | GRANULAR BASE KDOT (1) (SEC. 303) (INCH) | |
| Auto Parking Facilities | 1-1/2 | 4 | 1-1/4 | 2 | 6 | 2 | 9 |
| Truck Parking Facilities | 1-1/2 | 6 - 1/2 | 1-1/2 | 2-1/2 | 10 | N.A. | N.A. |
| |||||||
| TABLE 15.03-1 THICKNESS REQUIREMENTS OF SURFACE AND BASE COURSES FOR AUTOMOBILE AND TRUCK PARKING FACILITY PAVEMENTS | |||||||
|---|---|---|---|---|---|---|---|
| VEHICLE TYPE | FULL DEPTH ASPHALT CONCRETE | ASPHALT CONCRETE WITH GRANULAR SUBBASE | ASPHALT CONCRETE WITH GRANULAR BASE | ||||
| SURFACE KDOT (1) (SEC. 401, 402) TYPE B (INCH) | BASE KDOT (1) (SEC. 401, 403) (INCH) | SURFACE KDOT (1) (SEC. 401, 402) TYPE B (INCH) | BASE KDOT (1) (SEC. 401, 403) (INCH) | GRANULAR SUBBASE KDOT (1) (SEC. 303) INCH) | SURFACE KDOT (1) (SEC. 401, 402) TYPE B (INCH) | GRANULAR BASE KDOT (1) (SEC. 303) (INCH) | |
| Auto Parking Facilities | 1-1/2 | 4 | 1-1/4 | 2 | 6 | 2 | 9 |
| Truck Parking Facilities | 1-1/2 | 6 - 1/2 | 1-1/2 | 2-1/2 | 10 | N.A. | N.A. |
| |||||||
| TABLE 15.03-1 THICKNESS REQUIREMENTS OF SURFACE AND BASE COURSES FOR AUTOMOBILE AND TRUCK PARKING FACILITY PAVEMENTS | |||||||
|---|---|---|---|---|---|---|---|
| VEHICLE TYPE | FULL DEPTH ASPHALT CONCRETE | ASPHALT CONCRETE WITH GRANULAR SUBBASE | ASPHALT CONCRETE WITH GRANULAR BASE | ||||
| SURFACE KDOT (1) (SEC. 401, 402) TYPE B (INCH) | BASE KDOT (1) (SEC. 401, 403) (INCH) | SURFACE KDOT (1) (SEC. 401, 402) TYPE B (INCH) | BASE KDOT (1) (SEC. 401, 403) (INCH) | GRANULAR SUBBASE KDOT (1) (SEC. 303) INCH) | SURFACE KDOT (1) (SEC. 401, 402) TYPE B (INCH) | GRANULAR BASE KDOT (1) (SEC. 303) (INCH) | |
| Auto Parking Facilities | 1-1/2 | 4 | 1-1/4 | 2 | 6 | 2 | 9 |
| Truck Parking Facilities | 1-1/2 | 6 - 1/2 | 1-1/2 | 2-1/2 | 10 | N.A. | N.A. |
| |||||||
FIGURE 15.03-1 |
|---|
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Effective on: 1/1/1901

Landscape Plan Submission
The following charts, graphic details, specifications, and guidelines are provided to assist persons in conforming to the Landscape Ordinance. The graphic details proposed for planting but are the guidelines that are helpful in completing a landscape project in a proper manner. These notes are primarily for the nursery staff that are installing the plant material.
Landscape Plan
The landscape plan should be drawn to a scale no smaller than 1" = 100' and should include:
An example of a landscape plan shows the information which should be found on a landscape plan and how it is displayed. Enlarged sections of the plan further clarify abbreviations and plan details.

Plant Schedule Table
This table is the identification key which lets the inspector know which plants are to be planted, the total number of each species, and which graphic symbol and code are used to identify the plant on the landscape plan. Additional information that should be noted in this table is the plant container, the height or size of the planting material, and the caliper of all tree species.

Landscape Compliance Statistics
A table should be included which identifies how the landscape buffer requirements of the zoning ordinance have been met by the proposed plantings.

Planting Notes
The planting notes and diagrams are primarily for use by the nursery personnel during the installation of the plant materials. When included in the landscape plan, the plan reviewer is made aware that proper installation is intended to ensure plant survival.

Inspection of Landscaping for Permit Approval
Prior to final approval of a new development project, the requirements of the landscape ordinance must be met. The site inspection will also include compliance with parking regulations, paving, waste receptacles, lighting, and signage. A temporary Certificate of Occupancy may be issued even though the required landscaping has not yet been installed. A final Certificate of Occupancy is not issued unless either:
The landscape ordinance requires all landscaping to be in healthy condition one year after the initial inspection. A second inspection will be made by the Zoning Administrator at this time.
The landscape ordinance requires all landscaping to be in healthy condition one year after the initial inspection. A second inspection will be made by the Zoning Administrator at this time.
The following form is used for field inspections. It will be helpful to permit applicants to review this information to expedite the length of the approval process.

Minimum Caliper and Height Requirements
All plants shall be equal to or exceed the following minimum acceptable size requirements. Plant height shall be measured before pruning with branches in a normal position. No plant shall be pruned back to such an extent that it no longer meets the size requirements. All measurements shall be taken at the time of planting.
| Plant Group | Minimum Size at Planting |
|---|---|
| Large Shade Trees | 10 feet in height, 2.0- inch caliper |
| Medium Trees | 6 feet in height, 2.0-inch caliper |
| Evergreen Trees | 5 feet in height, 2.0-inch caliper |
| Large Deciduous Shrubs | 24 inches balled and burlapped |
| Medium Deciduous Shrubs | 3 gallon |
| Small Deciduous Shrubs | 3 gallon |
| Low Deciduous Shrubs | 3 gallon |
| Large Evergreen / Broadleaf Shrubs | 24 inches balled and burlapped |
| Medium Evergreen/Broadleaf Shrubs | 3 gallon |
| Small Evergreen/Broadleaf Shrubs | 3 gallon |
| Low Evergreen/Broadleaf Shrubs | 3 gallon |
| Large Street Trees | 10 feet in height, 2.0-inch caliper |
| Medium Street Trees | 6 feet in height, 2.0-inch caliper |
| Ground Cover | No minimum |
| Plant Group | Minimum Size at Planting |
|---|---|
| Large Shade Trees | 10 feet in height, 2.0- inch caliper |
| Medium Trees | 6 feet in height, 2.0-inch caliper |
| Evergreen Trees | 5 feet in height, 2.0-inch caliper |
| Large Deciduous Shrubs | 24 inches balled and burlapped |
| Medium Deciduous Shrubs | 3 gallon |
| Small Deciduous Shrubs | 3 gallon |
| Low Deciduous Shrubs | 3 gallon |
| Large Evergreen / Broadleaf Shrubs | 24 inches balled and burlapped |
| Medium Evergreen/Broadleaf Shrubs | 3 gallon |
| Small Evergreen/Broadleaf Shrubs | 3 gallon |
| Low Evergreen/Broadleaf Shrubs | 3 gallon |
| Large Street Trees | 10 feet in height, 2.0-inch caliper |
| Medium Street Trees | 6 feet in height, 2.0-inch caliper |
| Ground Cover | No minimum |
| Plant Group | Minimum Size at Planting |
|---|---|
| Large Shade Trees | 10 feet in height, 2.0- inch caliper |
| Medium Trees | 6 feet in height, 2.0-inch caliper |
| Evergreen Trees | 5 feet in height, 2.0-inch caliper |
| Large Deciduous Shrubs | 24 inches balled and burlapped |
| Medium Deciduous Shrubs | 3 gallon |
| Small Deciduous Shrubs | 3 gallon |
| Low Deciduous Shrubs | 3 gallon |
| Large Evergreen / Broadleaf Shrubs | 24 inches balled and burlapped |
| Medium Evergreen/Broadleaf Shrubs | 3 gallon |
| Small Evergreen/Broadleaf Shrubs | 3 gallon |
| Low Evergreen/Broadleaf Shrubs | 3 gallon |
| Large Street Trees | 10 feet in height, 2.0-inch caliper |
| Medium Street Trees | 6 feet in height, 2.0-inch caliper |
| Ground Cover | No minimum |
| Plant Group | Minimum Size at Planting |
|---|---|
| Large Shade Trees | 10 feet in height, 2.0- inch caliper |
| Medium Trees | 6 feet in height, 2.0-inch caliper |
| Evergreen Trees | 5 feet in height, 2.0-inch caliper |
| Large Deciduous Shrubs | 24 inches balled and burlapped |
| Medium Deciduous Shrubs | 3 gallon |
| Small Deciduous Shrubs | 3 gallon |
| Low Deciduous Shrubs | 3 gallon |
| Large Evergreen / Broadleaf Shrubs | 24 inches balled and burlapped |
| Medium Evergreen/Broadleaf Shrubs | 3 gallon |
| Small Evergreen/Broadleaf Shrubs | 3 gallon |
| Low Evergreen/Broadleaf Shrubs | 3 gallon |
| Large Street Trees | 10 feet in height, 2.0-inch caliper |
| Medium Street Trees | 6 feet in height, 2.0-inch caliper |
| Ground Cover | No minimum |
Plant List
The plant list has been designed to provide information to the community and assist in identifying trees and shrubs which fulfill the requirements of the zoning ordinance. Plants are listed in alphabetical order according to the scientific name. Directly below the scientific name is the common name and cultivars that are considered to be acceptable. Plant material found in the acceptable list is not all-inclusive. These trees and shrubs listed are hardy to northern Kentucky in USDA Zones 6A and 6B. These landscape materials should be relatively maintenance-free, as well as, suitable to the weather and soil conditions in northern Kentucky. Native plants are recommended and preferable for use.
There are some plant materials which, due to interference with underground utilities, undesirable thorns or fruit, growth patterns, susceptibility to disease, and incompatibility with urban environments, or are considered to be Terrestrial Nuisance Species / Invasive Species, are not to be used to meet the landscape regulations. Trees and shrubs which are deemed to fall into these categories are found in the Unacceptable for Use Table.
Terrestrial Nuisance Species (TNS)- are defined by the Kentucky Department of Fish & Wildlife Resources as “Non-native species that threaten the diversity or abundance of native terrestrial species or the ecological stability of ecosystems, or the commercial, agricultural, or recreational activities dependent on such ecosystems.”
Invasive Species- are defined by the Federal Invasive Species Advisory Committee as “A species that is non-native to the ecosystem under consideration and whose introduction causes or is likely to cause economic or environmental harm to human health.
The level of threat of TNS or invasive species to the natural ecosystems of Kentucky fall within two categories:
Severe Threat- According to the Kentucky Exotic Pest Plant Council a severe threat is an “Exotic plant species which possess characteristics of invasive species and spread easily into native plant communities and displaces native vegetation; includes species which are or could become widespread in Kentucky.”
Significant Threat- According to the Kentucky Exotic Pest Plant Council a significant threat is an “Exotic plant species which possess some invasive characteristics, but have less impact on native plant communities; may have the capacity to invade natural communities along disturbance corridors, or to spread from stands in disturbed sites into undisturbed areas, but have fewer characteristics of invasive species than #1 rank.”
TNS and invasive species are a problem for Kentucky because of the biological, socio-economic, and aesthetic impacts of these species. Control of these species can preserve the vast amount of beautiful landscape Northern Kentucky has. TNS and invasive species can sometimes be found in nurseries and unknowingly distributed.
Biological impact- TNS and invasive species can disrupt the balance of food webs and nutrient cycling, degrade natural habitats, reduce native organisms and increase competition, and decrease biodiversity.
Socio-economic impact- TNS and invasive species can deplete limited management resources, contribute to a loss of tourism dollars such as hunting or hiking, reduce property values by “smothering” forests and open space, decrease productivity and increase costs of commercial logging and agricultural operations, and interfere with transportation rights-of-way.
Aesthetic impact- TNS and invasive species can also impact the cultural and generational integrity of living near and having access to a healthy ecosystem because TNS and invasive species permanently change the function and form of the landscape.
The plant material is systematically assigned into lists based upon height as the primary characteristic and secondly based upon whether it is deciduous or coniferous. This information is necessary to determine planting location compatibility with manmade environmental features such as utility lines, sidewalks, and streets. Information on each plant is divided into plant characteristics and plant uses. Plant characteristics refer to the physical attributes of a plant, including height, spread, form, urban tolerance, disease, and insect intolerance. Plant use refers to the appropriate location of use such as perimeter, interior, street tree, buffer, or open space.
| Acceptable Plant List | |
|---|---|
| I. | Large Shade Trees |
| II. | Medium Trees (25-50 Feet in Height) |
| III. | Evergreen Trees |
| IV. | Large Deciduous Shrubs |
| V. | Medium Deciduous Shrubs |
| VI. | Small Deciduous Shrubs |
| VII. | Low Deciduous Shrubs |
| VIII. | Large Evergreen Shrubs |
| IX. | Medium Evergreen Shrubs |
| X. | Small Evergreen Shrubs |
| XI. | Low Evergreen Shrubs |
| XII. | Large Street Trees |
| XIII. | Medium Street Trees |
| XIV. | Ground Covers |
| Acceptable Plant List | |
|---|---|
| I. | Large Shade Trees |
| II. | Medium Trees (25-50 Feet in Height) |
| III. | Evergreen Trees |
| IV. | Large Deciduous Shrubs |
| V. | Medium Deciduous Shrubs |
| VI. | Small Deciduous Shrubs |
| VII. | Low Deciduous Shrubs |
| VIII. | Large Evergreen Shrubs |
| IX. | Medium Evergreen Shrubs |
| X. | Small Evergreen Shrubs |
| XI. | Low Evergreen Shrubs |
| XII. | Large Street Trees |
| XIII. | Medium Street Trees |
| XIV. | Ground Covers |
| Acceptable Plant List | |
|---|---|
| I. | Large Shade Trees |
| II. | Medium Trees (25-50 Feet in Height) |
| III. | Evergreen Trees |
| IV. | Large Deciduous Shrubs |
| V. | Medium Deciduous Shrubs |
| VI. | Small Deciduous Shrubs |
| VII. | Low Deciduous Shrubs |
| VIII. | Large Evergreen Shrubs |
| IX. | Medium Evergreen Shrubs |
| X. | Small Evergreen Shrubs |
| XI. | Low Evergreen Shrubs |
| XII. | Large Street Trees |
| XIII. | Medium Street Trees |
| XIV. | Ground Covers |
| Acceptable Plant List | |
|---|---|
| I. | Large Shade Trees |
| II. | Medium Trees (25-50 Feet in Height) |
| III. | Evergreen Trees |
| IV. | Large Deciduous Shrubs |
| V. | Medium Deciduous Shrubs |
| VI. | Small Deciduous Shrubs |
| VII. | Low Deciduous Shrubs |
| VIII. | Large Evergreen Shrubs |
| IX. | Medium Evergreen Shrubs |
| X. | Small Evergreen Shrubs |
| XI. | Low Evergreen Shrubs |
| XII. | Large Street Trees |
| XIII. | Medium Street Trees |
| XIV. | Ground Covers |
| Unacceptable Plant List | |
|---|---|
| I. | TNS / Invasive Species - Severe Threat |
| II. | TNS/ Invasive Species - Significant Threat |
| III. | Other Unacceptable Plants and Trees |
| Unacceptable Plant List | |
|---|---|
| I. | TNS / Invasive Species - Severe Threat |
| II. | TNS/ Invasive Species - Significant Threat |
| III. | Other Unacceptable Plants and Trees |
| Unacceptable Plant List | |
|---|---|
| I. | TNS / Invasive Species - Severe Threat |
| II. | TNS/ Invasive Species - Significant Threat |
| III. | Other Unacceptable Plants and Trees |
| Unacceptable Plant List | |
|---|---|
| I. | TNS / Invasive Species - Severe Threat |
| II. | TNS/ Invasive Species - Significant Threat |
| III. | Other Unacceptable Plants and Trees |
Planting List Species Characteristics
Plant Type
Each acceptable material in the plant list is either deciduous (D) or evergreen (E). This is essential since only specific plant types can meet ordinance requirements such as winter opacity or triangle visibility. Unacceptable plants and trees are those which cannot be planted in public spaces because they do not have suitable characteristics. Ordinance required landscaping cannot include these plants and trees.
Height
The height of plant materials is given in ranges because dimensions vary depending on site conditions, climate, temperature, and how well plants adapt to these conditions. For example, under ideal conditions, a plant may reach a height of up to 20 feet, but because of conditions at a specific site, the same tree may be limited to a height of just 10 feet. Limited room for root growth also restricts maximum height. Such areas include raised planters, parking lots, streets, or areas where there is considerable competition between plants. Plants that tolerate pruning may be kept to a smaller size.
Spread
Spread refers to the width of a tree’s mature crown. Spread partially determines the suitability of a plant for a particular. Plants with wide-spreading forms, require a large area to develop. Upright forms are used effectively where space is limited. All plants shall be allowed ample room to develop. Spread shall be measured in feet, with the average mature spread of the plant indicated. Spread is normally listed as a range because of its variability.
Form
Form is generally referred to as the outline of the crown but indicates much more. Form is determined by the line, direction, and arrangement of branches and twigs. Form has mass and volume since trees project in all directions: upward, downward, and sideways. The form of a plant should be typical of the species at the time of installation, but may be altered to create a desired effect, as long as the plant still meets ordinance requirements.
Rounded
| Spreading
| Pyramidal
|
Oval
| Conical
| Vase Shaped
|
Columnar
|
Urban Tolerance
A plant tolerant of urban conditions must be able to withstand a variety of adverse conditions, including air pollution, poor and infertile soils, compact soils, heat and drought, and other similar conditions. Plants that have relatively few problems are considered to be urban tolerant.
Disease and Insect Tolerant
Disease and insect problems affect all trees to some extent. Some problems are barely noticeable and exert little effect on a tree’s health. Disorders can restrict the tree’s growth, cause a gradual decline in health, and eventually lead to the tree’s death. The severity of a problem depends on the type of tree, condition of the tree, type of disorder, time of year, immediate weather conditions, along with many other factors. Disorders that are frequent, widespread, or highly destructive should greatly limit the use of a particularly susceptible tree species, e.g. tip blight on Austrian pines.
Density
Density refers to a quantity of foliage and branching and is measured by comparing positive space to negative space. Positive space includes all tree characteristics perceived when the tree is viewed as a two-dimensional silhouette with dense branching and foliage. Negative space is a space that appears between branching and foliage. It is the open area through which the sky and background can be seen.
Dense | ![]() Open |
|---|
Dense | ![]() Open |
|---|
Dense | ![]() Open |
|---|
Dense | ![]() Open |
|---|
Planting Location
The Plant List identifies the appropriate location where each species may be planted to accommodate its particular growth pattern, urban tolerance, and root system as it relates to meeting the landscape regulations.
Modifications
Recognizing that it is sometimes not possible to provide to find sufficient plant material due to supply, species availability, site conditions, or customer preference, modifications are possible. Species are not limited to those found in the Plant List. Other species may be approved by the Zoning Administrator provided the species achieves the screening requirements and are hardy to the northern Kentucky environment in USDA Zones 6A and 6B.
All landscaping has been installed and passed the landscape field inspection or;
An extension of six months has been granted by the Zoning Administrator to accommodate planting seasons as required for plant species
The landscape ordinance requires all landscaping to be in healthy condition one year after the initial inspection. A second inspection will be made by the Zoning Administrator at this time.
Schedule a one-year re-inspection with the Zoning Administrator. This inspection evaluates the health condition of the plant materials and their compliance with the landscape planting plan as submitted and approved by the Zoning Administrator.
The following form is used for field inspections. It will be helpful to permit applicants to review this information to expedite the length of the approval process.
Effective on: 1/1/1901
Appendices
Defendant City of Newport (“City” or “Newport”) long ago gained a reputation as home to a veritable smorgasbord of vice, attracting patrons from across the nation. For decades, the small city was considered the Midwest’s answer to Las Vegas, and leaders of organized crime were said to operate its gambling casinos and nightclubs.
In the 1960’s, public pressure began to demand that Newport be cleaned up. This pressure has continued until the present, with varying degrees of success.
A 1986 report generated by the Newport Alcoholic Beverage Control Administrator indicated that of 28 adult bars opened since 1978 (including successive bars at the same site), 21 had had at least one prostitution-related conviction, and 18 had had multiple convictions. Def. Ex. K, p. 2. The report explained that “all of the prostitution in businesses with adult entertainment involved an alcoholic beverage as the median [sic] of exchange and the solicitation of such drinks by ‘mixers.’” Id. In all, 98% of prostitution arrests in Newport occurred in the vicinity of these bars. Id. Adult entertainment establishments, which constituted 12% of all businesses serving alcohol, accounted for 17% of all police runs. Def. Ex. K, p. 21.
A later review, conducted in 1990 by the Newport License Inspector, documented the continued prostitution arrests occurring at several adult dancing establishments. Def. Ex. G. Moreover, the City determined that over $ 70,000 was expended in 1990 to target, patrol and prosecute the illicit behavior occurring in and around the bars. Def. Ex. H.
Several of Newport’s citizens, merchants and church groups also opposed the presence of the semi-nude dancing clubs. These groups generally believed that the adult entertainment clubs were “clouds over [the] neighborhood that keep [it] from growing in the [right] direction.” See Def. Ex. I (letter to Mayor from Taylors Landing Business District). Complaints commonly expressed were that the seamy establishments deterred other merchants from locating in Newport’s business district, deterred shoppers, served a poor example for the City’s youth, and generally tarnished the City’s image. Id.
Bright Lights, Inc., v. City of Newport, 830 F. Supp. 378, 380-81 (E. D. Ky. 1993).
Based on those findings, the court went on to hold in relevant part:
Having considered the matter carefully, the court concludes that some leeway must be afforded the reform efforts of the City Council of Newport. This body has been elected by the citizens to attempt to “clean up the image” of the City.
To do this, it must overcome the sleazy impression of Newport and Northern Kentucky that survives from “the heyday” when things ran wide open; reform candidates were literally drugged and framed for morals offenses by public officials and police officers; the members of reform citizens groups were vilified and harassed; and a “liberal” in local parlance was a person favoring the continued open and notorious violation of the gambling and morals laws.
To illustrate that the Council’s perception of a need to clean up the image of the City is not paranoid, the court notes the following statements in a national magazine’s satirical Chapter on Newport’s big sister, the city of Cincinnati.
“The city’s streets fairly shine; the odd litterer draws a scornful stare. Wide avenues, bosky side streets, the most inviting of thoroughfares. And clean. So clean. No X-rated movie theaters, no adult-book stores, no bare-breasted night joints soil these streets, all of them long ago jettisoned over to the Kentucky side of the river.”
Peter Richmond, “Town Without Pity,” Gentlemen’s Quarterly, July 1993, at 102, 104.
This court holds that the City of Newport has the right to secede as Cincinnati’s combat zone.
The court holds that the City has “an important and substantial governmental interest” in advancing these reform goals, which interest is furthered by the ordinances in question. Barnes, 111 S. Ct. at 2461. The court further finds and holds that in the case of the City of Newport, given its unique history, the ordinances’ “incidental restriction on alleged First Amendment freedoms is no greater than is essential to the furtherance of that interest.” Id. (quoting O’Brien, 391 U.S. at 376-77, 88 S. Ct. at 1678-79).
Newport’s image affects that of all of Northern Kentucky, a community of nearly 300,000 people. That City and its community have the right to project a progressive and decent image. The nudity ordinances contribute to the enhancement of this interest and will be upheld. 830 F.Supp. at 384;
Effective on: 1/1/1901
Effective on: 1/1/1901
| MAXIMUM SIZE | ENTRAINED |
|---|---|
| Aggregate (inches) | Air (percent) |
| 1 - 1/4 | 5 + 1 |
| 3/4, 1 | 6 + 1 |
| 3/8, 1/2 | 7-1/2 + 1 |
| MAXIMUM SIZE | ENTRAINED |
|---|---|
| Aggregate (inches) | Air (percent) |
| 1 - 1/4 | 5 + 1 |
| 3/4, 1 | 6 + 1 |
| 3/8, 1/2 | 7-1/2 + 1 |
| MAXIMUM SIZE | ENTRAINED |
|---|---|
| Aggregate (inches) | Air (percent) |
| 1 - 1/4 | 5 + 1 |
| 3/4, 1 | 6 + 1 |
| 3/8, 1/2 | 7-1/2 + 1 |
| MAXIMUM SIZE | ENTRAINED |
|---|---|
| Aggregate (inches) | Air (percent) |
| 1 - 1/4 | 5 + 1 |
| 3/4, 1 | 6 + 1 |
| 3/8, 1/2 | 7-1/2 + 1 |
| TABLE 15.03-1 THICKNESS REQUIREMENTS OF SURFACE AND BASE COURSES FOR AUTOMOBILE AND TRUCK PARKING FACILITY PAVEMENTS | |||||||
|---|---|---|---|---|---|---|---|
| VEHICLE TYPE | FULL DEPTH ASPHALT CONCRETE | ASPHALT CONCRETE WITH GRANULAR SUBBASE | ASPHALT CONCRETE WITH GRANULAR BASE | ||||
| SURFACE KDOT (1) (SEC. 401, 402) TYPE B (INCH) | BASE KDOT (1) (SEC. 401, 403) (INCH) | SURFACE KDOT (1) (SEC. 401, 402) TYPE B (INCH) | BASE KDOT (1) (SEC. 401, 403) (INCH) | GRANULAR SUBBASE KDOT (1) (SEC. 303) INCH) | SURFACE KDOT (1) (SEC. 401, 402) TYPE B (INCH) | GRANULAR BASE KDOT (1) (SEC. 303) (INCH) | |
| Auto Parking Facilities | 1-1/2 | 4 | 1-1/4 | 2 | 6 | 2 | 9 |
| Truck Parking Facilities | 1-1/2 | 6 - 1/2 | 1-1/2 | 2-1/2 | 10 | N.A. | N.A. |
| |||||||
| TABLE 15.03-1 THICKNESS REQUIREMENTS OF SURFACE AND BASE COURSES FOR AUTOMOBILE AND TRUCK PARKING FACILITY PAVEMENTS | |||||||
|---|---|---|---|---|---|---|---|
| VEHICLE TYPE | FULL DEPTH ASPHALT CONCRETE | ASPHALT CONCRETE WITH GRANULAR SUBBASE | ASPHALT CONCRETE WITH GRANULAR BASE | ||||
| SURFACE KDOT (1) (SEC. 401, 402) TYPE B (INCH) | BASE KDOT (1) (SEC. 401, 403) (INCH) | SURFACE KDOT (1) (SEC. 401, 402) TYPE B (INCH) | BASE KDOT (1) (SEC. 401, 403) (INCH) | GRANULAR SUBBASE KDOT (1) (SEC. 303) INCH) | SURFACE KDOT (1) (SEC. 401, 402) TYPE B (INCH) | GRANULAR BASE KDOT (1) (SEC. 303) (INCH) | |
| Auto Parking Facilities | 1-1/2 | 4 | 1-1/4 | 2 | 6 | 2 | 9 |
| Truck Parking Facilities | 1-1/2 | 6 - 1/2 | 1-1/2 | 2-1/2 | 10 | N.A. | N.A. |
| |||||||
| TABLE 15.03-1 THICKNESS REQUIREMENTS OF SURFACE AND BASE COURSES FOR AUTOMOBILE AND TRUCK PARKING FACILITY PAVEMENTS | |||||||
|---|---|---|---|---|---|---|---|
| VEHICLE TYPE | FULL DEPTH ASPHALT CONCRETE | ASPHALT CONCRETE WITH GRANULAR SUBBASE | ASPHALT CONCRETE WITH GRANULAR BASE | ||||
| SURFACE KDOT (1) (SEC. 401, 402) TYPE B (INCH) | BASE KDOT (1) (SEC. 401, 403) (INCH) | SURFACE KDOT (1) (SEC. 401, 402) TYPE B (INCH) | BASE KDOT (1) (SEC. 401, 403) (INCH) | GRANULAR SUBBASE KDOT (1) (SEC. 303) INCH) | SURFACE KDOT (1) (SEC. 401, 402) TYPE B (INCH) | GRANULAR BASE KDOT (1) (SEC. 303) (INCH) | |
| Auto Parking Facilities | 1-1/2 | 4 | 1-1/4 | 2 | 6 | 2 | 9 |
| Truck Parking Facilities | 1-1/2 | 6 - 1/2 | 1-1/2 | 2-1/2 | 10 | N.A. | N.A. |
| |||||||
| TABLE 15.03-1 THICKNESS REQUIREMENTS OF SURFACE AND BASE COURSES FOR AUTOMOBILE AND TRUCK PARKING FACILITY PAVEMENTS | |||||||
|---|---|---|---|---|---|---|---|
| VEHICLE TYPE | FULL DEPTH ASPHALT CONCRETE | ASPHALT CONCRETE WITH GRANULAR SUBBASE | ASPHALT CONCRETE WITH GRANULAR BASE | ||||
| SURFACE KDOT (1) (SEC. 401, 402) TYPE B (INCH) | BASE KDOT (1) (SEC. 401, 403) (INCH) | SURFACE KDOT (1) (SEC. 401, 402) TYPE B (INCH) | BASE KDOT (1) (SEC. 401, 403) (INCH) | GRANULAR SUBBASE KDOT (1) (SEC. 303) INCH) | SURFACE KDOT (1) (SEC. 401, 402) TYPE B (INCH) | GRANULAR BASE KDOT (1) (SEC. 303) (INCH) | |
| Auto Parking Facilities | 1-1/2 | 4 | 1-1/4 | 2 | 6 | 2 | 9 |
| Truck Parking Facilities | 1-1/2 | 6 - 1/2 | 1-1/2 | 2-1/2 | 10 | N.A. | N.A. |
| |||||||
FIGURE 15.03-1 |
|---|
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Effective on: 1/1/1901

Landscape Plan Submission
The following charts, graphic details, specifications, and guidelines are provided to assist persons in conforming to the Landscape Ordinance. The graphic details proposed for planting but are the guidelines that are helpful in completing a landscape project in a proper manner. These notes are primarily for the nursery staff that are installing the plant material.
Landscape Plan
The landscape plan should be drawn to a scale no smaller than 1" = 100' and should include:
An example of a landscape plan shows the information which should be found on a landscape plan and how it is displayed. Enlarged sections of the plan further clarify abbreviations and plan details.

Plant Schedule Table
This table is the identification key which lets the inspector know which plants are to be planted, the total number of each species, and which graphic symbol and code are used to identify the plant on the landscape plan. Additional information that should be noted in this table is the plant container, the height or size of the planting material, and the caliper of all tree species.

Landscape Compliance Statistics
A table should be included which identifies how the landscape buffer requirements of the zoning ordinance have been met by the proposed plantings.

Planting Notes
The planting notes and diagrams are primarily for use by the nursery personnel during the installation of the plant materials. When included in the landscape plan, the plan reviewer is made aware that proper installation is intended to ensure plant survival.

Inspection of Landscaping for Permit Approval
Prior to final approval of a new development project, the requirements of the landscape ordinance must be met. The site inspection will also include compliance with parking regulations, paving, waste receptacles, lighting, and signage. A temporary Certificate of Occupancy may be issued even though the required landscaping has not yet been installed. A final Certificate of Occupancy is not issued unless either:
The landscape ordinance requires all landscaping to be in healthy condition one year after the initial inspection. A second inspection will be made by the Zoning Administrator at this time.
The landscape ordinance requires all landscaping to be in healthy condition one year after the initial inspection. A second inspection will be made by the Zoning Administrator at this time.
The following form is used for field inspections. It will be helpful to permit applicants to review this information to expedite the length of the approval process.

Minimum Caliper and Height Requirements
All plants shall be equal to or exceed the following minimum acceptable size requirements. Plant height shall be measured before pruning with branches in a normal position. No plant shall be pruned back to such an extent that it no longer meets the size requirements. All measurements shall be taken at the time of planting.
| Plant Group | Minimum Size at Planting |
|---|---|
| Large Shade Trees | 10 feet in height, 2.0- inch caliper |
| Medium Trees | 6 feet in height, 2.0-inch caliper |
| Evergreen Trees | 5 feet in height, 2.0-inch caliper |
| Large Deciduous Shrubs | 24 inches balled and burlapped |
| Medium Deciduous Shrubs | 3 gallon |
| Small Deciduous Shrubs | 3 gallon |
| Low Deciduous Shrubs | 3 gallon |
| Large Evergreen / Broadleaf Shrubs | 24 inches balled and burlapped |
| Medium Evergreen/Broadleaf Shrubs | 3 gallon |
| Small Evergreen/Broadleaf Shrubs | 3 gallon |
| Low Evergreen/Broadleaf Shrubs | 3 gallon |
| Large Street Trees | 10 feet in height, 2.0-inch caliper |
| Medium Street Trees | 6 feet in height, 2.0-inch caliper |
| Ground Cover | No minimum |
| Plant Group | Minimum Size at Planting |
|---|---|
| Large Shade Trees | 10 feet in height, 2.0- inch caliper |
| Medium Trees | 6 feet in height, 2.0-inch caliper |
| Evergreen Trees | 5 feet in height, 2.0-inch caliper |
| Large Deciduous Shrubs | 24 inches balled and burlapped |
| Medium Deciduous Shrubs | 3 gallon |
| Small Deciduous Shrubs | 3 gallon |
| Low Deciduous Shrubs | 3 gallon |
| Large Evergreen / Broadleaf Shrubs | 24 inches balled and burlapped |
| Medium Evergreen/Broadleaf Shrubs | 3 gallon |
| Small Evergreen/Broadleaf Shrubs | 3 gallon |
| Low Evergreen/Broadleaf Shrubs | 3 gallon |
| Large Street Trees | 10 feet in height, 2.0-inch caliper |
| Medium Street Trees | 6 feet in height, 2.0-inch caliper |
| Ground Cover | No minimum |
| Plant Group | Minimum Size at Planting |
|---|---|
| Large Shade Trees | 10 feet in height, 2.0- inch caliper |
| Medium Trees | 6 feet in height, 2.0-inch caliper |
| Evergreen Trees | 5 feet in height, 2.0-inch caliper |
| Large Deciduous Shrubs | 24 inches balled and burlapped |
| Medium Deciduous Shrubs | 3 gallon |
| Small Deciduous Shrubs | 3 gallon |
| Low Deciduous Shrubs | 3 gallon |
| Large Evergreen / Broadleaf Shrubs | 24 inches balled and burlapped |
| Medium Evergreen/Broadleaf Shrubs | 3 gallon |
| Small Evergreen/Broadleaf Shrubs | 3 gallon |
| Low Evergreen/Broadleaf Shrubs | 3 gallon |
| Large Street Trees | 10 feet in height, 2.0-inch caliper |
| Medium Street Trees | 6 feet in height, 2.0-inch caliper |
| Ground Cover | No minimum |
| Plant Group | Minimum Size at Planting |
|---|---|
| Large Shade Trees | 10 feet in height, 2.0- inch caliper |
| Medium Trees | 6 feet in height, 2.0-inch caliper |
| Evergreen Trees | 5 feet in height, 2.0-inch caliper |
| Large Deciduous Shrubs | 24 inches balled and burlapped |
| Medium Deciduous Shrubs | 3 gallon |
| Small Deciduous Shrubs | 3 gallon |
| Low Deciduous Shrubs | 3 gallon |
| Large Evergreen / Broadleaf Shrubs | 24 inches balled and burlapped |
| Medium Evergreen/Broadleaf Shrubs | 3 gallon |
| Small Evergreen/Broadleaf Shrubs | 3 gallon |
| Low Evergreen/Broadleaf Shrubs | 3 gallon |
| Large Street Trees | 10 feet in height, 2.0-inch caliper |
| Medium Street Trees | 6 feet in height, 2.0-inch caliper |
| Ground Cover | No minimum |
Plant List
The plant list has been designed to provide information to the community and assist in identifying trees and shrubs which fulfill the requirements of the zoning ordinance. Plants are listed in alphabetical order according to the scientific name. Directly below the scientific name is the common name and cultivars that are considered to be acceptable. Plant material found in the acceptable list is not all-inclusive. These trees and shrubs listed are hardy to northern Kentucky in USDA Zones 6A and 6B. These landscape materials should be relatively maintenance-free, as well as, suitable to the weather and soil conditions in northern Kentucky. Native plants are recommended and preferable for use.
There are some plant materials which, due to interference with underground utilities, undesirable thorns or fruit, growth patterns, susceptibility to disease, and incompatibility with urban environments, or are considered to be Terrestrial Nuisance Species / Invasive Species, are not to be used to meet the landscape regulations. Trees and shrubs which are deemed to fall into these categories are found in the Unacceptable for Use Table.
Terrestrial Nuisance Species (TNS)- are defined by the Kentucky Department of Fish & Wildlife Resources as “Non-native species that threaten the diversity or abundance of native terrestrial species or the ecological stability of ecosystems, or the commercial, agricultural, or recreational activities dependent on such ecosystems.”
Invasive Species- are defined by the Federal Invasive Species Advisory Committee as “A species that is non-native to the ecosystem under consideration and whose introduction causes or is likely to cause economic or environmental harm to human health.
The level of threat of TNS or invasive species to the natural ecosystems of Kentucky fall within two categories:
Severe Threat- According to the Kentucky Exotic Pest Plant Council a severe threat is an “Exotic plant species which possess characteristics of invasive species and spread easily into native plant communities and displaces native vegetation; includes species which are or could become widespread in Kentucky.”
Significant Threat- According to the Kentucky Exotic Pest Plant Council a significant threat is an “Exotic plant species which possess some invasive characteristics, but have less impact on native plant communities; may have the capacity to invade natural communities along disturbance corridors, or to spread from stands in disturbed sites into undisturbed areas, but have fewer characteristics of invasive species than #1 rank.”
TNS and invasive species are a problem for Kentucky because of the biological, socio-economic, and aesthetic impacts of these species. Control of these species can preserve the vast amount of beautiful landscape Northern Kentucky has. TNS and invasive species can sometimes be found in nurseries and unknowingly distributed.
Biological impact- TNS and invasive species can disrupt the balance of food webs and nutrient cycling, degrade natural habitats, reduce native organisms and increase competition, and decrease biodiversity.
Socio-economic impact- TNS and invasive species can deplete limited management resources, contribute to a loss of tourism dollars such as hunting or hiking, reduce property values by “smothering” forests and open space, decrease productivity and increase costs of commercial logging and agricultural operations, and interfere with transportation rights-of-way.
Aesthetic impact- TNS and invasive species can also impact the cultural and generational integrity of living near and having access to a healthy ecosystem because TNS and invasive species permanently change the function and form of the landscape.
The plant material is systematically assigned into lists based upon height as the primary characteristic and secondly based upon whether it is deciduous or coniferous. This information is necessary to determine planting location compatibility with manmade environmental features such as utility lines, sidewalks, and streets. Information on each plant is divided into plant characteristics and plant uses. Plant characteristics refer to the physical attributes of a plant, including height, spread, form, urban tolerance, disease, and insect intolerance. Plant use refers to the appropriate location of use such as perimeter, interior, street tree, buffer, or open space.
| Acceptable Plant List | |
|---|---|
| I. | Large Shade Trees |
| II. | Medium Trees (25-50 Feet in Height) |
| III. | Evergreen Trees |
| IV. | Large Deciduous Shrubs |
| V. | Medium Deciduous Shrubs |
| VI. | Small Deciduous Shrubs |
| VII. | Low Deciduous Shrubs |
| VIII. | Large Evergreen Shrubs |
| IX. | Medium Evergreen Shrubs |
| X. | Small Evergreen Shrubs |
| XI. | Low Evergreen Shrubs |
| XII. | Large Street Trees |
| XIII. | Medium Street Trees |
| XIV. | Ground Covers |
| Acceptable Plant List | |
|---|---|
| I. | Large Shade Trees |
| II. | Medium Trees (25-50 Feet in Height) |
| III. | Evergreen Trees |
| IV. | Large Deciduous Shrubs |
| V. | Medium Deciduous Shrubs |
| VI. | Small Deciduous Shrubs |
| VII. | Low Deciduous Shrubs |
| VIII. | Large Evergreen Shrubs |
| IX. | Medium Evergreen Shrubs |
| X. | Small Evergreen Shrubs |
| XI. | Low Evergreen Shrubs |
| XII. | Large Street Trees |
| XIII. | Medium Street Trees |
| XIV. | Ground Covers |
| Acceptable Plant List | |
|---|---|
| I. | Large Shade Trees |
| II. | Medium Trees (25-50 Feet in Height) |
| III. | Evergreen Trees |
| IV. | Large Deciduous Shrubs |
| V. | Medium Deciduous Shrubs |
| VI. | Small Deciduous Shrubs |
| VII. | Low Deciduous Shrubs |
| VIII. | Large Evergreen Shrubs |
| IX. | Medium Evergreen Shrubs |
| X. | Small Evergreen Shrubs |
| XI. | Low Evergreen Shrubs |
| XII. | Large Street Trees |
| XIII. | Medium Street Trees |
| XIV. | Ground Covers |
| Acceptable Plant List | |
|---|---|
| I. | Large Shade Trees |
| II. | Medium Trees (25-50 Feet in Height) |
| III. | Evergreen Trees |
| IV. | Large Deciduous Shrubs |
| V. | Medium Deciduous Shrubs |
| VI. | Small Deciduous Shrubs |
| VII. | Low Deciduous Shrubs |
| VIII. | Large Evergreen Shrubs |
| IX. | Medium Evergreen Shrubs |
| X. | Small Evergreen Shrubs |
| XI. | Low Evergreen Shrubs |
| XII. | Large Street Trees |
| XIII. | Medium Street Trees |
| XIV. | Ground Covers |
| Unacceptable Plant List | |
|---|---|
| I. | TNS / Invasive Species - Severe Threat |
| II. | TNS/ Invasive Species - Significant Threat |
| III. | Other Unacceptable Plants and Trees |
| Unacceptable Plant List | |
|---|---|
| I. | TNS / Invasive Species - Severe Threat |
| II. | TNS/ Invasive Species - Significant Threat |
| III. | Other Unacceptable Plants and Trees |
| Unacceptable Plant List | |
|---|---|
| I. | TNS / Invasive Species - Severe Threat |
| II. | TNS/ Invasive Species - Significant Threat |
| III. | Other Unacceptable Plants and Trees |
| Unacceptable Plant List | |
|---|---|
| I. | TNS / Invasive Species - Severe Threat |
| II. | TNS/ Invasive Species - Significant Threat |
| III. | Other Unacceptable Plants and Trees |
Planting List Species Characteristics
Plant Type
Each acceptable material in the plant list is either deciduous (D) or evergreen (E). This is essential since only specific plant types can meet ordinance requirements such as winter opacity or triangle visibility. Unacceptable plants and trees are those which cannot be planted in public spaces because they do not have suitable characteristics. Ordinance required landscaping cannot include these plants and trees.
Height
The height of plant materials is given in ranges because dimensions vary depending on site conditions, climate, temperature, and how well plants adapt to these conditions. For example, under ideal conditions, a plant may reach a height of up to 20 feet, but because of conditions at a specific site, the same tree may be limited to a height of just 10 feet. Limited room for root growth also restricts maximum height. Such areas include raised planters, parking lots, streets, or areas where there is considerable competition between plants. Plants that tolerate pruning may be kept to a smaller size.
Spread
Spread refers to the width of a tree’s mature crown. Spread partially determines the suitability of a plant for a particular. Plants with wide-spreading forms, require a large area to develop. Upright forms are used effectively where space is limited. All plants shall be allowed ample room to develop. Spread shall be measured in feet, with the average mature spread of the plant indicated. Spread is normally listed as a range because of its variability.
Form
Form is generally referred to as the outline of the crown but indicates much more. Form is determined by the line, direction, and arrangement of branches and twigs. Form has mass and volume since trees project in all directions: upward, downward, and sideways. The form of a plant should be typical of the species at the time of installation, but may be altered to create a desired effect, as long as the plant still meets ordinance requirements.
Rounded
| Spreading
| Pyramidal
|
Oval
| Conical
| Vase Shaped
|
Columnar
|
Urban Tolerance
A plant tolerant of urban conditions must be able to withstand a variety of adverse conditions, including air pollution, poor and infertile soils, compact soils, heat and drought, and other similar conditions. Plants that have relatively few problems are considered to be urban tolerant.
Disease and Insect Tolerant
Disease and insect problems affect all trees to some extent. Some problems are barely noticeable and exert little effect on a tree’s health. Disorders can restrict the tree’s growth, cause a gradual decline in health, and eventually lead to the tree’s death. The severity of a problem depends on the type of tree, condition of the tree, type of disorder, time of year, immediate weather conditions, along with many other factors. Disorders that are frequent, widespread, or highly destructive should greatly limit the use of a particularly susceptible tree species, e.g. tip blight on Austrian pines.
Density
Density refers to a quantity of foliage and branching and is measured by comparing positive space to negative space. Positive space includes all tree characteristics perceived when the tree is viewed as a two-dimensional silhouette with dense branching and foliage. Negative space is a space that appears between branching and foliage. It is the open area through which the sky and background can be seen.
Dense | ![]() Open |
|---|
Dense | ![]() Open |
|---|
Dense | ![]() Open |
|---|
Dense | ![]() Open |
|---|
Planting Location
The Plant List identifies the appropriate location where each species may be planted to accommodate its particular growth pattern, urban tolerance, and root system as it relates to meeting the landscape regulations.
Modifications
Recognizing that it is sometimes not possible to provide to find sufficient plant material due to supply, species availability, site conditions, or customer preference, modifications are possible. Species are not limited to those found in the Plant List. Other species may be approved by the Zoning Administrator provided the species achieves the screening requirements and are hardy to the northern Kentucky environment in USDA Zones 6A and 6B.
All landscaping has been installed and passed the landscape field inspection or;
An extension of six months has been granted by the Zoning Administrator to accommodate planting seasons as required for plant species
The landscape ordinance requires all landscaping to be in healthy condition one year after the initial inspection. A second inspection will be made by the Zoning Administrator at this time.
Schedule a one-year re-inspection with the Zoning Administrator. This inspection evaluates the health condition of the plant materials and their compliance with the landscape planting plan as submitted and approved by the Zoning Administrator.
The following form is used for field inspections. It will be helpful to permit applicants to review this information to expedite the length of the approval process.
Effective on: 1/1/1901