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Lakeside Park City Zoning Code

ARTICLE 15

Appendices

Appendix 15.01 Preamble to the Regulations of Sexually Oriented Businesses

  • A.
    The City of Lakeside Park, after consultation among the mayors, councils, commissioners and staffs of the municipalities and the county within the County, found that a substantial need exists to revise significantly the ordinances regarding sexually oriented businesses within Kenton County.
  • B.
    The  City of Lakeside Park, in association with the Planning and Development Services of Kenton County and the Fiscal Court of adjacent Campbell County its cities in the Northern Kentucky Community, retained Duncan Associates to conduct a study of existing sexually oriented uses and related businesses in Kenton and Campbell Counties, which is part of a single, larger community.
  • C.
    Duncan Associates assigned two nationally-known planners, Eric Damian Kelly, FAICP and Connie B. Cooper, FAICP, to conduct that study
  • D.
    Kelly and Cooper have completed that study, including the following elements:
    1. 1.
      Field study, involving visits to all identified existing sexually oriented businesses in Kenton and Campbell Counties;
    2. 2.
      Meetings with stakeholder groups involved in these businesses;
    3. 3.
      Consultation with the Kenton County, Campbell County Attorney, and the city attorneys for certain cities, and the community at large on this issue;
    4. 4.
      Consultation with the professional staff of the PDS on this issue;
    5. 5.
      Review of studies and litigation concerning sexually oriented businesses in other communities;
    6. 6.
      Investigation of regulatory approaches to massage therapy;
    7. 7.
      Review of existing ordinances in Kenton and Campbell Counties;
    8. 8.
      Review of similar ordinances in a number of communities outside the Commonwealth of Kentucky;
    9. 9.
      Review of Kentucky statutes related to regulating sexually oriented businesses.
  • E.
    Duncan Associates has summarized this work and presented recommendations to PDS and Kenton and Campbell Counties and their cities in an August 2003 report entitled “Site Visit Analysis: Sexually Oriented and Related Businesses in Kenton and Campbell Counties” (hereinafter called simply the “Kelly and Cooper Study”).
  • F.
    That study has also been made available to the legislative bodies of Kenton and Campbell Counties for their consideration and use.
  • G.
    That study has been accepted and used by the Fiscal Court of Kenton County in adopting the countywide licensing ordinance, Kenton County Ordinance No. 451.9, as amended, establishing licensing requirements for sexually oriented businesses and service oriented escort bureaus in 2004.
  • H.
    The United States Supreme Court in City of Renton v. Playtime Theater, Inc., 475 U.S. 41 (1986), held that local governments may rely upon the experiences of other cities as well as on its own studies in enacting local legislation to regulate sexually oriented businesses;
  • I.
    The United States Supreme Court in Renton and other cases has held that a local government may regulate such uses through content-neutral, time, place, and manner restrictions, so long as said regulations are designed to serve the government interest and do not unreasonably omit avenues of communication, and are aimed not at the content of protected speech within said establishments but rather at the secondary effects of said establishments on the surrounding communities.
  • J.
    The study by Kelly and Cooper found extensive physical interaction between patrons and dancers at many of the establishments in both Kenton and Campbell Counties.
  • K.
    Covington, the only municipality in Kenton County that has had sexually oriented businesses within its border, from January 1, 2002, to February 11, 2004, the police made a total of 469 calls to sexually oriented businesses in the city. The crimes committed at these establishments during this time period included robbery, assault, fraud, malicious mischief, public intoxication, and possession of illegal drugs. In addition, on June 13, 2003, Covington police arrested three individuals for prostitution-related charges at Liberty’s Show Lounge, a sexually oriented cabaret in the city.
  • L.
    As the Sixth Circuit Court of Appeals noted in a decision addressing issues related to the Adult Entertainment ordinance in the City of Newport (Campbell County), there is a long history underlying efforts to regulate sex businesses in Northern Kentucky:
  • 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;

    1. M.
      The Supreme Court had earlier noted in upholding another regulation in Newport, “it is plain that, as in Bellanca, the interest in maintaining order outweighs the interest in free expression by dancing nude.” Newport v. Iacobucci, 479 U.S. 92, 97, 93 L. Ed. 2d 334, 340, 107 S. Ct. 383, 386 (1986). Although the significance of the opinion itself is now questionable (see J&B Social Club # 1 v. City of Mobile, 966 F. Supp. 1131, 1135 (S.D. Ala. 1996)), the quoted part of the opinion stands unchallenged.
    2. N.
      The cities of Covington and Newport continue their efforts to improve their image. Since 1985, Covington has redeveloped its riverfront, creating several new office towers, high-end condominiums, hotels, and a convention center. In Newport, in conjunction with private development and Southbank Partners, Inc., the City has built a major entertainment center along the river. This initiative has promoted improved pedestrian and transit connections in Northern Kentucky’s river cities to and from the stadiums and other attractions along the Cincinnati riverfront.
    3. O.
      Despite these efforts, the areas of downtown Covington and Newport away from the riverfront continue to suffer in many ways. The study by Kelly and Cooper found in the area near to existing sexually oriented uses a number of building vacancies and building maintenance falling far short of that found in the revitalized areas near the river.
    4. P.
      The City of Lakeside Park respects the Constitutional rights of its citizens, including the right to present certain types of entertainment that may not appeal to the entire population. Through this ordinance, it is the desire of the City of Lakeside Park to balance the Constitutional rights of businesses that present sexually oriented entertainment with the City of Lakeside Park interests in ensuring that this community not suffer from the same sorts of adverse effects that Covington and Newport have long suffered.
    5. Q.
      From long experience in Covington and Newport, as well as from the following studies and others not listed, the City of Lakeside Park also finds that such businesses may have primary and secondary effects involving crimes related to the activities in the establishments, of which prostitution and crimes of violence are those of greatest concern. See for example:
      1. 1.
        “Final Report to the City of Garden Grove: The Relationship between Crime and Adult Business Operations on Garden Grove Boulevard,” Richard W. McCleary, Ph.D., James W. Meeker, J.D., Ph.D., October 23, 1991.
      2. 2.
        “Survey of Appraisers: Fort Worth and Dallas – Effects of Land Uses on Surrounding Property Values,” Duncan Associates, Eric Damian Kelly, FAICP, and Connie B. Cooper, FAICP, September 2004.
      3. 3.
        “Adult Entertainment Businesses in Indianapolis, An Analysis,” 1984.
      4. 4.
        “Adult Business Study,” by City of Phoenix Planning Department, May 25, 1979.
      5. 5.
        “Effects on Surrounding Area of Adult Entertainment Businesses in Saint Paul,” June 1978, City of Saint Paul Division of Planning, Department of Planning and Management; and Community Crime Prevention Project, Minnesota Crime Control Planning Board.
      6. 6.
        “Staff Report, Whittier City Planning Commission; Subject: Adult Business Regulations,” July 11, 1994.
      7. 7.
        “Adult Entertainment Study,” Department of City Planning, City of New York, Second Printing, November 1994.
      8. 8.
        “Adult Use Study,” Newport News Department of Planning and Development, March 1996.
      9. 9.
        “A Report on the Secondary Impact of Adult Use Businesses in the City of Denver,” prepared by multiple city departments for Denver City Council, January 1998.
      10. 10.
        “Survey of Appraisers in Monroe County, New York,” Summer 2000. For detailed results of the survey, see Kelly and Cooper, Everything You Always Wanted to Know about Regulating Sex Businesses, Planning Advisory Service Report No. 495-96. Chicago: American Planning Association, 2000; pages 51-57.
      11. 11.
        The Tucson “study” consisting of two memos: one from the Citizens Advisory Planning Committee, addressed to the Mayor and City Council, and dated May 14, 1990; and the other from an Assistant Chief of Police to the City Prosecutor, regarding “Adult Entertainment Ordinance,” dated May 1, 1990.
    6. R.
      The City of Lakeside Park recognizes that some of the cited studies included bars without sexually oriented entertainment among the businesses studied; the City of Lakeside Park finds, nevertheless, that addressing the establishments that have live, sexually oriented entertainment is a more critical local issue than that of bars without such entertainment, for three reasons:
      1. 1.
        Bars in Kentucky are already regulated by the Commonwealth, and those state regulations directly address many of the concerns that arise with the service of alcohol;
      2. 2.
        The local history of prostitution and sex-related crimes has largely been related to businesses with live, sexually oriented entertainment, and not with other establishments that serve alcohol; and
      3. 3.
        The interaction between dancers who are paid to work with very limited clothing and the customers who pay to see them work in the establishments with live entertainment creates a sexually charged environment and the opportunity to negotiate for the provision of additional services that do not involve dancing or other protected expression and that are simply unacceptable under the standards of the County and its citizens.
    7. S.
      As noted earlier in these findings, there is a long local history of prostitution and sex-related crimes at or incident to the operation of establishments with live, sexually oriented entertainment. Further, the studies shown herein provide further evidence of the potential crime-related secondary effects from such businesses. Although the methodologies and quality of these studies vary somewhat, local experience has demonstrated to the City of Lakeside Park that the relationship between crime and such establishments is a fact in Northern Kentucky and not just a theory published in a study.
    8. T.
      The City of Lakeside Park has reviewed evidence and testimony presented at public meetings before the County, and information based on the past experiences of the Kenton and Campbell Counties and the cities of Covington and Newport, the experiences of the County Attorneys’ offices prosecuting numerous and varied offenses that have occurred in and around the sexually oriented entertainment establishments, and based upon the documented experiences of other governmental units within Kentucky and elsewhere in dealing with the impact of sexually oriented entertainment, that such businesses can, if not properly regulated, be deleterious to said community.
    9. U.
      The City of Lakeside Park finds that the countywide licensing ordinance related to sexually oriented businesses and service oriented escort bureaus adopted by the Fiscal Court of Kenton County is an effective tool for addressing the many operational issues that can arise with such businesses.
    10. V.
      The City of Lakeside Park finds that amendments to the Zoning Ordinance regarding the location and design of such businesses are important variables in the nature and extent of adverse secondary effects of sexually oriented businesses on the community, and further finds that location and design are among the types of issues that are typically addressed through zoning.
    11. W.
      Based on the recommendations of Kelly and Cooper, which are based on their experience in other communities and their review of the studies cited above and other local efforts to address such secondary effects, the City of Lakeside Park finds that the following principles are essential to effective zoning controls of sexually oriented businesses:
      1. 1.
        Sexually oriented businesses should, to the maximum extent practicable, be separated from one another by a distance that is greater than a convenient walking distance, because experience elsewhere has shown that the location of such businesses near one another may increase the adverse secondary effects, particularly those related to crime, by a greater than arithmetic factor;
      2. 2.
        Although there are currently several such businesses located near one another in Covington’s downtown area, the Covington City Commission has determined that the City will not attempt to require these existing businesses be relocated;
      3. 3.
        Sexually oriented businesses have the greatest adverse effect on residential neighborhoods and should thus be separated to the maximum extent practicable from residential neighborhoods;
      4. 4.
        Sexually oriented businesses are likely to attract criminal elements that prey on “soft targets,” including children, and it is thus important to separate sexually oriented businesses from schools, parks, recreation centers, and religious institutions, all of which are places where children are likely to congregate, often without parental protection;
      5. 5.
        Also because of the tendency of sexually oriented businesses to attract criminal elements that prey on soft targets, it is important to seek locations for such businesses that are not located along pedestrian routes, where young people, old people and others who are vulnerable, are likely to walk in going about their day-to-day business. Thus, locations to which the primary access is by automobile minimize the risk of persons going about their daily business encountering persons who are visiting or even loitering around the sexually oriented business;
      6. 6.
        Experiences in other communities show that private booths, back rooms, “VIP” rooms and other small and private spaces in sexually oriented businesses create the opportunity for casual sexual activity and create logistical difficulties and risks of physical endangerment for police officers responsible for dealing with such activities. For that reason, it is essential that movies, performances and other activities at sexually oriented businesses should be permitted only in large rooms that are open and visible to management, other patrons and code and police officers who may visit the establishment during operating hours.
    12. X.
      FINDINGS: The facts and other matters set forth in the previous clauses that form the preamble to this ordinance are hereby adopted as findings of fact in support of the legislative action of the City of Lakeside Park in adopting this amendment to the Zoning Ordinance. Upon adoption of this zoning amendment, these shall be incorporated into the Zoning Code by reference as if fully set forth therein to the adopting Resolution.

    Effective on: 1/1/1901

    Appendix 15.02 Preamble to the Sign Regulations

    The purpose of Article 11, Signs, is to establish a comprehensive scheme for the regulation of signs within the jurisdiction of the City. These regulations are designed to protect and promote the public health, safety and welfare by controlling the type, number, location and physical dimensions of signs, to prevent the disruptions, obstructions and hazards to vehicular and pedestrian traffic that signs may cause, and to enhance the quality of the environment in residential and nonresidential districts. As a basis for adopting these regulations, the City finds:

    1. A.
      Signs are an essential form of communication in the built environment, providing way-finding guides to residents, visitors, public safety officials, customers and potential customers of local businesses, delivery people and others.
    2. B.
      Signs also provide communication on public issues, as the U.S. Supreme Court found in City of LaDue v. Gilleo: Signs that react to a local happening or express a view on a controversial issue both reflect and animate change in the life of a community. Often placed on lawns or in windows, residential signs play an important part in political campaigns, during which they are displayed to signal the resident’s support for particular candidates, parties, or causes. They may not afford the same opportunities for conveying complex ideas as do other media, but residential signs have long been an important and distinct medium of expression.
    3. C.
      Retailers and other businesses depend on signs to help people find their businesses, and, in a large and expensive media market like that of Cincinnati (a market which includes City), many small businesses depend on signs as one of the most affordable forms of advertising.
    4. D.
      Although signs thus serve many important purposes in society in general and in Kenton County in particular, there are other considerations that the City weighs heavily.
    5. E.
      Signs may distract drivers and lead to deaths and injuries to pedestrians and cyclists as well as to drivers and passengers and to property damage. Moving, flashing and rapidly changing signs are particularly distracting to drivers. A proliferation of signs on a particular site can have the same effect as moving signs, as drivers try to sort through the visual cacophony to find the information that they want or need.
    6. F.
      The City, with the advice of the Kenton County Planning Commission and its professional staff, and with input from residents through the Direction 2030. planning process, has placed an increasing emphasis on preserving the sense of place and the design of the built environment; limiting the size, height and number of signs is an important tool in preserving a sense of place, a tool that accompanies the City's standards for landscaping.
    7. G.
      Direction 2030 recommends that policies, regulations and incentives be developed and implemented that preserve and improve the existing community fabric.
    8. H.
      Balancing these competing considerations is particularly difficult in residential areas, where people value both their pleasing and visually appealing environments and their ability to communicate their opinions regarding candidates and public issues through yard signs.
    9. I.
      In updating its ordinance in 2016 after the Supreme Court’s landmark decision in Reed v. Town of Gilbert, the City Council, working with Planning and Development Services (PDS) staff and an outside consultant, has made a major effort to limit content as a factor in its sign regulations. After due consideration, however, it has concluded that one way to leave room for extensive free expression through signs in residential areas while limiting total sign clutter is to maintain significant limits on commercial signs in residential areas. Recognizing the importance of “for sale” and “for lease” signs in maintaining the occupancy of healthy neighborhoods (see the U.S. Supreme Court decision in Linmark Associates, Inc. v. Willingboro), those signs must remain. There is a similar utility in providing for yard sale signs, which allow people to dispose of unwanted items without sending them to a landfill.
    10. J.
      Although as the Court found in Reed v Gilbert, time limits on signs can be arbitrary, as the Court recognized in 2009 in Pleasant Grove v. City of Summum, a significant distinction between speakers expressing an opinion and signs is that “Speakers, however long-winded, will eventually come to the end of their remarks.” Members of the City Council have long noted that signs for political campaigns as well as those advertising pancake breakfasts and spaghetti dinners for civic organizations are often abandoned after the events, contributing to clutter long after they have served their purpose. Although such signs were once typically paper or cardboard that would eventually decay, many today are plastic and will remain until removed. Thus, despite the expressed concern of the Supreme Court with time limits, the City Council finds that it has a substantial governmental interest in clarifying the status of signs for past events that thus no longer serve a purpose so that there is a legal basis for the City to remove them or force their removal.
    11. K.
      The City has long allowed unlimited numbers of small signs bearing non-commercial messages to allow merchants and others to designate handicapped parking places, provide directions to ATMs and restrooms, warn of guard dogs and other hazards and provide a variety of other place-based information. With the prohibition of commercial messages on such signs, it has been the observation of City Council members and their professional staff members that property owners are judicious and appropriate in posting such signs. The City thus finds that it has a substantial interest in allowing merchants and property owners freely to post necessary informational signs but without allowing an endless proliferation of commercial messages.
    12. L.
      Although in the findings above the City Council has recognized the multiple values of signs in the built environment, the City officials after consultation with the Planning Commission and representatives of cities and towns in the County concluded several years ago that there is no place for signs of overwhelming size and no relation to context in an urban and urbanizing environment like the City. Although previous versions of these regulations followed the pattern of state and federal laws by defining such billboard as “off-site” signs, this Ordinance addresses the same issue by establishing a form of circuit breaker size limit, prohibiting very large signs on small lots, on vacant lots, or on lots with only small buildings.
    13. M.
      These are complex public policy issues, and the City Council, with the help of its professional planners, attorneys and outside consultant, has attempted to balance the competing considerations in a way that it believes best protects the public health, safety and welfare of the citizens of City, including its many valued businesses and the tens of thousands of visitors who arrive or pass through the City Council each month.

    Effective on: 1/1/1901

    Appendix 15.03 Specifications For Paving of Off-Street Parking and Loading Areas

    All new off-street parking facilities shall be paved with asphalt or Portland cement concrete and shall be designed and constructed in accordance with the standards and procedures herein established.

    1. A.
      Asphalt Concrete Pavement
      1. 1.
        General Design Requirements
        1. a.
          Asphalt concrete pavements shall consist of specified thickness of asphalt concrete surface course and a base course, or courses, all constructed on prepared subgrade. Required pavement thickness shall be determined from Table 15.05-1 of the appropriate subgrade soil and traffic use.
        2. b.
          Paved areas shall be so designed and constructed that water will quickly drain from the surface and be conducted away from the area through approved systems. Transverse and/or longitudinal slopes of not less than 5/8 inch in 10 feet shall be provided. For large paved areas, approved catch basins and storm drainage systems shall be provided.
        3. c.
          When the pavement includes a granular base, and the pavement is not constructed over granular subgrade, perimeter subsurface drainage shall be provided to prevent lateral flow of water into the base course and to provide for removal of seepage water that may enter the base.
        4. d.
          Successive layers of the pavement shall be offset from the edge of the underlying layer a distance equal to the course thickness of the lower layer, except when abutting existing construction. When the asphalt layers of the pavement abut a building foundation, barrier curb, or similar vertical surface, the abutting surface shall be heavily painted with asphalt prior to construction of the asphalt course. The surface course shall be finished 1/4 inch above adjacent flush construction to permit proper compaction.
      2. 2.
        Construction Materials and Procedures
        1. a.
          Base courses shall consist of the following materials. Construction procedures shall conform to the requirements applicable to the base course selected.
          1. 1.
            Asphalt Concrete Base Course - Materials and construction shall conform to the current requirements of the Kentucky Department of Transportation, Bureau of Highways’, Specifications for Asphalt Concrete Base Course, Sections 401, 403, except as noted herein.
        2. b.
          Crushed Stone Base Course - Crushed stone base course shall conform to all the current requirements of the Kentucky Department of Transportation, Bureau of Highways, for Dense Graded Aggregate Base Course, Section 303.
        3. c.
          Asphalt Concrete Surface Course - Materials and construction shall conform to the current requirements of the Kentucky Department of Transportation, Bureau of Highways, for Asphalt Concrete Surface, Type B, State Highway Designation Section 401, 402.
        4. d.
          Asphalt Prime and Tack Coat
          1. 1.
            Asphalt Prime shall conform to the Kentucky Department of Transportation, Bureau of Highways’ requirements for Cutback Asphalt Emulsion Primer, Type L, as per Section 407. Prime shall be applied to the surface of granular base course at a rate of 0.25 to 0.50 gallons per square yard, as directed by the legislative body’s engineer or inspector.
          2. 2.
            Tack Coat (SS-1h) shall meet the requirements of the Kentucky Department of Transportation, Bureau of Highways, as per Section 407. It shall be diluted with equal parts of water, when directed by the inspector. Tack coat shall be applied, upon direction of the legislative body’s engineer, to the surface of asphalt courses that have become dusty or dry, at a rate of 0.10 gallons per square yard of the diluted SS-1h before the subsequent course is constructed.
    2. B.
      Concrete Paving for Parking and Access Drive Areas
      1. 1.
        General Requirements - Thickness of concrete parking and access drives shall be:
        1. a.
          A minimum of four (4) inches for driveways and parking areas serving single and two-family dwellings.
        2. b.
          A minimum of five (5) inches for passenger cars and panel or pickup trucks serving industrial, commercial, and multi-family areas.
        3. c.
          A minimum of six (6) inches for light trucks serving industrial, commercial, and multi-family residential areas.
        4. d.
          A minimum of seven (7) inches for heavier commercial or industrial needs.
      2. 2.
        General Requirements - Concrete Paving
        1. a.
          Minimum Cement Content - 564 lb./cu.yd. of concrete (6 U.S. bags).
        2. b.
          Maximum Size of Aggregate - 1-1/4 inches.
        3. c.
          Maximum Water Content - 0.49 lb./1 lb. of cement (5.5 gal./ bag).
        4. d.
          Maximum Slump - five (5) inches when using hand-finishing techniques, three (3) inches when using a mechanical finishing machine.
        5. e.
          Strength of Concrete - The concrete shall attain a minimum expected strength of concrete at 28 days of 3,500 pounds per square inch compressive strength and/or 550 pounds per square inch flexural strength “modulus of rupture”.
        6. f.
          Air Entrainment
    MAXIMUM SIZEENTRAINED
    Aggregate (inches)Air (percent)
    1 - 1/45 + 1
    3/4, 16 + 1
    3/8, 1/27-1/2 + 1
    MAXIMUM SIZEENTRAINED
    Aggregate (inches)Air (percent)
    1 - 1/45 + 1
    3/4, 16 + 1
    3/8, 1/27-1/2 + 1
    MAXIMUM SIZEENTRAINED
    Aggregate (inches)Air (percent)
    1 - 1/45 + 1
    3/4, 16 + 1
    3/8, 1/27-1/2 + 1
    MAXIMUM SIZEENTRAINED
    Aggregate (inches)Air (percent)
    1 - 1/45 + 1
    3/4, 16 + 1
    3/8, 1/27-1/2 + 1
    1.   
      1. 3.
        Construction Procedures
        1. a.
          All soft and yielding material and other portions of the subgrade which will not compact readily when rolled or taped, shall be removed and replaced with suitable material, placed and compacted. The subgrade shall be thoroughly compacted with suitable equipment so as to have uniform density at moisture contents of not less than standard optimum (AASHO-T98).
        2. b.
          Longitudinal joint spacing shall not exceed 15 feet and be designed in accordance with the joint details in Figure 15.05-2.
        3. c.
          Transverse joint spacings shall be at regular intervals of twenty (20) feet.
        4. d.
          All transverse construction joints shall be designed in accordance with the joint details in Figure 15.05-2.
        5. e.
          Form offsets at radius points shall be at least two (2) feet.
        6. f.
          Pavement joints must be continuous through the curbs.
        7. g.
          Where curbs are required, they shall be cast integrally.
        8. h.
          The pavement shall be struck-off, consolidated, and finished, to the grades shown on the plans. All catch basins and manhole castings shall be boxed out and separated from the pavement with expansion joint material. All except premolded or sawed joints shall be edged with a tool having a maximum radius of 1/8 inch. Sawed and formed joints shall be cleaned and sealed before opening to traffic. Final surface texture shall be that obtained with a burlap drag. Curing shall be that obtained with a uniform coverage of white membrane curing compound or by seven-day coverage of white polyethylene or waterproof paper. The completed pavement shall be closed to traffic for at least fourteen (14) days or by the time it has attained a compressive strength of 3,500 pounds per square inch and/or 550 pounds per square inch flexural strength. This traffic restriction shall apply to the contractor’s construction equipment and vehicles, as well as general traffic.
    TABLE 15.03-1
    THICKNESS REQUIREMENTS OF SURFACE AND BASE COURSES FOR
    AUTOMOBILE AND TRUCK PARKING FACILITY PAVEMENTS
    VEHICLE TYPEFULL DEPTH ASPHALT CONCRETEASPHALT CONCRETE WITH GRANULAR SUBBASEASPHALT 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 Facilities1-1/241-1/42629
    Truck Parking Facilities1-1/26 - 1/21-1/22-1/210N.A.N.A.
    1.   
      (1) Refers to the Kentucky Department of Transportation (KDOT) Bureau of Highways, Standards and Specifications for Road and Bridge Construction (1976 Edition, or as amended).
    TABLE 15.03-1
    THICKNESS REQUIREMENTS OF SURFACE AND BASE COURSES FOR
    AUTOMOBILE AND TRUCK PARKING FACILITY PAVEMENTS
    VEHICLE TYPEFULL DEPTH ASPHALT CONCRETEASPHALT CONCRETE WITH GRANULAR SUBBASEASPHALT 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 Facilities1-1/241-1/42629
    Truck Parking Facilities1-1/26 - 1/21-1/22-1/210N.A.N.A.
    1.   
      (1) Refers to the Kentucky Department of Transportation (KDOT) Bureau of Highways, Standards and Specifications for Road and Bridge Construction (1976 Edition, or as amended).
    TABLE 15.03-1
    THICKNESS REQUIREMENTS OF SURFACE AND BASE COURSES FOR
    AUTOMOBILE AND TRUCK PARKING FACILITY PAVEMENTS
    VEHICLE TYPEFULL DEPTH ASPHALT CONCRETEASPHALT CONCRETE WITH GRANULAR SUBBASEASPHALT 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 Facilities1-1/241-1/42629
    Truck Parking Facilities1-1/26 - 1/21-1/22-1/210N.A.N.A.
    1.   
      (1) Refers to the Kentucky Department of Transportation (KDOT) Bureau of Highways, Standards and Specifications for Road and Bridge Construction (1976 Edition, or as amended).
    TABLE 15.03-1
    THICKNESS REQUIREMENTS OF SURFACE AND BASE COURSES FOR
    AUTOMOBILE AND TRUCK PARKING FACILITY PAVEMENTS
    VEHICLE TYPEFULL DEPTH ASPHALT CONCRETEASPHALT CONCRETE WITH GRANULAR SUBBASEASPHALT 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 Facilities1-1/241-1/42629
    Truck Parking Facilities1-1/26 - 1/21-1/22-1/210N.A.N.A.
    1.   
      (1) Refers to the Kentucky Department of Transportation (KDOT) Bureau of Highways, Standards and Specifications for Road and Bridge Construction (1976 Edition, or as amended).

    FIGURE 15.03-1 
    JOINT DETAILS

    Effective on: 1/1/1901

    [RESERVED]

    Effective on: 1/1/1901

    [RESERVED]

    Effective on: 1/1/1901

    [RESERVED]

    Effective on: 1/1/1901

    15.07 A. Landscape and Planting Standards

  • A.
    Introduction
    The purpose of the landscape and planting manual is to assist citizens, business owners, and developers with conforming with the Landscape, Screening, and Buffer requirements of the zoning ordinance. The plant lists that are provided are suggested plant materials and are plants that have been successful in this region for urban landscaping. Additional plant materials, not included in the lists provided, may be approved on a case-by-case basis.  The graphic details and planting specifications are the guidelines to complete a landscape project in an appropriate manner.  The plan submission guidelines should be helpful to the engineer, landscape designer, or landscape architect to ensure the submitted site plan provides the information necessary for a timely review by the Zoning Official. Landscaping in urban areas is essential to mitigate the impact of impervious surfaces.  Impervious surfaces produce heat in summer months causing the temperature to rise.  Impervious surfaces also increase water runoff and prevent water absorption into the soil which can contribute to sewer overloading during storm events.  Landscaping in parking areas helps reduce the quantity of water runoff entering the sewer system.  Street trees and tree plantings in parking areas and provides shade and regulates temperatures that have proven public health benefits for pedestrians and motorists.

     

  • B.

    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.

     
    1. 1.

      Landscape Plan 

      The landscape plan should be drawn to a scale no smaller than 1" = 100' and should include:

      1. a.
        Property lines with metes and bounds
      2. b.
        All adjacent property owners, land uses/zones, rights-of-way and easements should be identified on the plan
      3. c.
        Location of all existing and proposed buildings and structures
      4. d.
        Location of all driveways, loading areas, and adjacent off-site roads and streets, vehicular use areas labeled as to size and number of parking spaces with pavement details.
      5. e.
        Required landscape compliance statistics
      6. f.
        Location of dumpster and trash facilities, including dumpster screening details.
      7. g.
        North arrow and scale
      8. h.
        Location of above and below-ground utility lines and sewer locations
      9. i.
        Indication of areas for sodding and seeding.
      10. j.
        Location of all proposed plant material keyed to a plant schedule.
      11. k.
        The plant schedule should contain information as follows: Plant botanical and common names; the quantity of each species to be planted and landscape compliance statistics; plant size (height, spread, caliper, or container size); and any specific planting notes.
      12. l.
        Location of existing trees and vegetation that are to be retained as part of the required landscaping with a protection plan.
      13. m.
        Tree and shrub planting details
  • 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.

      1. 2.

        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.

      1. 3.

        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.

     
      1. 4.

        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.

     

    1. C.

      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.

      • 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. 

     

     

     

    1. D.

      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 Trees10 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 Trees10 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 Trees10 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 Trees10 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

     

    1. E.

      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
      1. 1.

        Planting List Species Characteristics 

        1. a.

          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. 

        2. b.

          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.

        3. c.

          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. 

           

           

        4. d.

          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

           
           

           

        5. e.

          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.

        6. f.

          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. 

        7. g.

          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

           

        8. h.

          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.

      2. 2.

        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