Pursuant to authority conferred by the state law, the objective of this article is to promote the public health, safety and general welfare, to lessen air pollution, to increase dust filtration, to reduce noise, heat and glare, to prevent soil erosion, to improve surface drainage and minimize flooding, to enhance improved and undeveloped land, to ensure that excessive tree cutting does not reduce property values, and to minimize the cost of construction and maintenance of drainage systems necessitated by the increased flow and diversion of surface water.

(1)

Intent. The intent of this article is to encourage the protection and replacement of trees and landscaping consistent with the economic and healthful enjoyment of private property.

(2)

Integral design. Landscape design and planning shall be integrated with the overall project design and environs.

(Code 1991, § 31-341)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. All landscaping materials shall be of a species which by experience will grow in the county.

Buildable area means that portion of a site, exclusive of the minimum required yard areas and the building site, on which a structure or building may be erected, as established in this article for respective zoning district classifications.

Building means a freestanding roofed structure for the shelter, support or enclosure of persons, animals or property of any kind.

Building official means any official or employee of the city who is vested with the authority to issue a building permit in conformance with the provisions of this article and other applicable codes and ordinances.

Building site means that portion of a lot which is occupied by a building or that portion of a site which is proposed to be occupied by a building and for which a building permit has been issued.

Developed property means property upon which a building has been placed or for which a building permit has been issued.

Grass means normal lawn materials.

Hedges means a fence or boundary formed by a dense row of shrubs or low trees.

Interior parking areas means the area of a lot devoted to parking spaces exclusive of the parking spaces provided along the perimeter of the lot.

Landscaping consists of any of the following or combination thereof: material such as, but not limited to, grass, ground covers, shrubs, vines, trees, and any nonliving material commonly used in landscaping, such as, but not limited to, berms, mulch, sand, walls, screens, fences, lighting and/or signage, and any change in contours of the land, grades, etc., to achieve the effect of landscaping.

Property owner means the person owning such property or his agent as shown by the county tax assessors records and plan.

Removal of trees means any intentional or negligent act which will cause a tree to decline and die within a period of one year, including, but not limited to, such damage inflicted upon the root system of a tree by application of toxic substances, the operation of machinery, the change of natural grade by excavation or filling above the root system or around the trunk of a tree and damages from injury or fire inflicted on trees which results in or permit pest infestation.

Shrubs, required by this article, means self-supporting plant material.

Vehicular use area means those areas including, but not limited to, activities of a drive-in nature, including commercial, professional, industrial and residential developments.

Vines means plants which normally require support to reach mature form.

Yard area means that portion of any site covered by the front, side and rear yard areas as established by the minimum setback requirements in this article for the respective zoning district.

(Code 1991, § 31-342)

The landscaping regulations set forth in this section shall apply to all real property within the city limits now and in the future and to all existing buildings with renovations greater than 50 percent of the building's appraised market value.

(1)

Exemptions.

a.

Any lot occupied by not more than two residential structures containing (in aggregate) not more than two dwelling units.

b.

Any single-family residential building site shown on a site plan approved by the city planning commission.

c.

All public and licensed private plant or tree nurseries, tree farms or botanical gardens only in relation to those trees which are planted and growing for sale or intended for sale to the general public in the ordinary course of business or for some public purpose.

d.

Any property undergoing renovation or for which an application for a building permit for renovation has been submitted to the city that already complies with the provisions of this article.

e.

Any commercial building site in the central business district.

(2)

Landscaped area. The area to be landscaped shall be 12 percent of the total available area. The landscaped area shall be calculated by subtracting the land area covered by buildings and structures from the total land area of the site, and then multiplying this difference by 12 percent. This amount of land shall be devoted to vegetative landscaping which includes, but is not limited to, grass, shrubs, vines, and trees. Roadways, parking areas and drives are specifically excluded from the landscaped areas. Notwithstanding land area necessary to comply with the aforementioned minimum, the following buffer yard requirements shall be provided in addition and may contribute to the total area required for landscaping purposes. All required buffer yards are measured from the property lines of affected land areas.

a.

Landscape buffer areas shall be required in accordance with Table 1 when development occurs on any lot with a zoning classification different from that of adjoining property, excluding adjacency to public roadways. As an alternative to compliance with Table 2 and other buffering regulations, landscape buffers, where required by Table 1, may consist of an opaque decorative fence at least eight feet in height placed at least six feet from the property line. The area between the fence and property line must be landscaped with approved materials and consisting of at least 20 shrubs per 100 feet of length.

b.

If an adjoining parcel is provided with an existing required buffer or screen, a reduction not exceeding 50 percent of a required buffer yard for property to be developed may be permitted.

c.

If the following standards are met, the required width of a buffer may be reduced by 30 percent if a visual screen is installed, 30 percent if an earthen berm is provided and 60 percent if both a berm and screen are installed as an integral means of buffering:

1.

A visual screen cannot be less than eight feet in height and shall be an opaque wall, fence, compact evergreen hedge or other type of evergreen foliage, or a combination of fence and evergreen shrubbery. A finished side of manmade fencing must face the abutting property.

2.

Earthen berms shall have a minimum height of four feet with a maximum slope of 3:1. Berms in excess of six feet in height shall have a maximum slope of 4:1 as measured from the exterior property line. Berms shall be stabilized with landscaping materials to prevent erosion.

d.

Shrubs shall not be required in a required buffer yard if a visual screen is provided. If an earthen berm is provided, the number of shrubs required may be reduced by 25 percent.

e.

Trees and shrubs within a required buffer yard shall comply with the following:

1.

40 percent of the required trees within the buffer yard shall be of the large maturing type and have a minimum caliper of 2½ inches measured six inches above the ground at the time of planting. A large maturing tree shall be considered any tree which, at maturity, will reach a minimum height of 40 feet.

2.

20 percent of the required trees within the buffer yard shall be of a small maturing type, having a minimum diameter of 1½ inches measured six inches above the ground at planting. A small maturing tree shall be considered to be any tree which, at maturity, will reach a minimum height of 15 feet.

3.

25 percent of all trees within a required buffer yard shall be of the evergreen type.

4.

Required shrubs shall be at least 2½ feet in height at planting. Not more than 25 percent of required shrubs may be of the deciduous type. Shrubs planted on an earthen berm may be of a lesser height, provided the combined height of the berm and plantings is at least six feet.

f.

All specifications for the measurement, quality and installation of trees and shrubs shall be in accordance with the American Standards of Nursery Stock or an equivalent recognized standard.

g.

Required buffer yards shall not be disturbed except for drive entrances, sidewalks or other pedestrian or bicycle paths, walls and fences. Buffer yards shall be maintained as required for landscaped areas pursuant to this article.

Table 1. Minimum Buffer Yard Requirements by Zoning District

Notes to table:

(1)

If land being developed within the city is adjacent to land located within the unincorporated areas of the county, then the same buffer yard as would be required within the city shall be provided along the property line adjacent to the property located within the unincorporated areas of the county and which has an R (residential) zoning designation on the property or is currently being used for residential purposes. For example, if the land being developed within the city is zoned B-3 and it is adjacent to land located within the unincorporated areas of the county and zoned R-30, then a buffer yard shall be required along this property line.

(2)

All nonresidential uses developed in a residential district shall be required to provide a buffer yard along all side and rear property lines as indicated in Table 2.

For planned development districts (PDD), see section 44-43(d) for buffer yard requirements.

Table 2. Buffer Yard Requirements
(minimum widths in feet and required plantings)

(3)

Landscaping requirements for parking lots and vehicular use areas.

a.

Interior landscaping. Interior landscaping of parking lots shall contain planter islands located so as to best relieve the expanse of parking. A maximum of 12 parking spaces in a row shall be permitted without a planter island.

1.

Planter islands shall have a minimum of 100 square feet in area and shall contain at least one tree having a minimum diameter of 2½ inches. The remainder shall be landscaped with appropriate materials.

2.

Each parking area or vehicular use area must have planted borders not less than five feet in width parallel to right-of-way lines (planting strips parallel to neighboring property are encouraged). These planted border areas must have at least one tree having a minimum diameter of 2½ inches for each 30 lineal feet, or fraction thereof, of border area. The remainder shall be landscaped with appropriate materials.

This subsection may be modified by the appearance commission when strict application will seriously limit the function of the area.

b.

Accessways. Landscaped border areas may be interrupted to provide vehicular and/or pedestrian ingress and egress.

c.

Encroachment. Landscaped areas shall require protection from vehicular encroachment. Car stops shall be located so as to prevent damage to any trees, fences, shrubs or landscaping by automobiles.

(4)

Screening of garbage containers. All dumpsters and similar type of large garbage containers are required to be screened on all but one side by an opaque fence, landscaping or other suitable opaque enclosure. The fourth side shall consist of an opaque gate to allow for servicing of the garbage container. The opening for servicing of the garbage container must be a minimum of 12 feet to allow minimum possibility for damage to screening when garbage container is serviced. The height of the enclosure is to be one foot taller on all sides than the height of the garbage container.

(Code 1991, § 31-343)

(a)

Installation. All trees and landscaping shall be installed in a sound workmanlike manner and according to accepted planting procedures with quality materials. All landscaping shall be completed as soon as possible and no later than six months after the date of the issuance of the certificate of occupancy.

(b)

Maintenance. The owner, occupant, tenant or agent shall be jointly and severally responsible for the maintenance of all landscaping. Landscaping shall be maintained in a good condition so as to present a healthy, neat and orderly appearance at least equal to the original installation. Any dead vegetation and landscaping material or any damaged nonliving landscaping materials shall be promptly replaced.

(c)

Removal and protection. The natural landscape shall be preserved in all possible instances.

(1)

Prior to development: Where a building permit or subdivision approval has not been issued, the destruction within any five-year period of more than 25 percent of the landscaping on any one acre of nonexempt land, without prior approval of the city building official, which approval shall not be unreasonably withheld, shall be prohibited. However, it is not the intention of this requirement to prevent any owner from thinning by cutting and removing undesirable shrubs, vines and excess trees, consistent with good forestry practices, in order to protect and promote the development and growth of the remaining trees and shrubbery.

(2)

During development.

a.

Where a building permit or subdivision approval has been requested, 12 percent of the total available area shall be landscaped. If some or all of the existing trees and landscaping cannot be retained, replacement of such trees and landscaping shall be required to meet the provision of this article.

b.

During development, there shall be erected and maintained suitable protective barriers around all trees to be retained so as to prevent damage thereto. All building materials, dirt or other debris shall be kept outside the barriers. There shall be no paving with any impervious materials or grading within three feet of any trees retained.

c.

No person or any agent or representative thereof shall directly or indirectly destroy or remove any tree in violation of the provisions of this section.

(Code 1991, § 31-344)

(a)

Where application for a building permit is submitted to the city, a site plan for the development or the improvement of any nonexempt parcel of land shall be submitted. No building permit shall be issued for projects/lots until the site plan has been reviewed and approved by the building official. The site plans shall show, in addition to the usual requirements, the following information:

(1)

The building site with corresponding dimensions.

(2)

The buildable area with corresponding dimensions.

(3)

The yard area with corresponding dimensions.

(4)

The specific name and location of trees and plant materials (landscaping) to be planted or maintained on the site.

(5)

A location map.

(6)

The name of the project.

(7)

The name of the owner.

(b)

All plans must be to a scale no less than one inch equals 100 feet.

(Code 1991, § 31-345)

(a)

Prior to the issuance of a building permit by the building official, the applicant shall post a performance bond or cash payment with the building official guaranteeing the completion of such improvements in compliance with the requirements of this article.

(b)

The performance bond shall:

(1)

Run to the owner of the property.

(2)

Be in an amount equal to the cost as estimated by the landscape contractor of any improvements which have not been installed and completed in compliance with the requirements of the landscape plan.

(3)

Be with surety as approved by the city.

(4)

Specify that all required improvements shall be completed in compliance with the requirements of this article within a period not to exceed six months from the date of the issuance of a certificate of occupancy.

(5)

Run until and terminate 90 days after filing a certification of completion, unless the appearance commission determines that the requirements, standards and specifications of this article applicable to the installation and completion of the improvements have not been met and notifies the applicant of such determination by certified mail, in which event such bond shall continue to run until the filing of acceptable proof that such standards, requirements and specifications have been met.

(c)

In the event that any or all of the required improvements are not completed within the time specified in the performance bond, the building official, upon approval from the appearance commission, shall notify the owner to let or relet a contract and the applicant and performance bond shall be severely and jointly liable for the costs thereof to the amount specified for such improvements in the performance bond.

(d)

In lieu of a performance bond, the owner may post with the building official an amount equal to 125 percent of the cost as estimated by the landscape contractor of any improvements which have not been installed and completed in compliance with the requirements of the landscape plan. These funds will be placed in a noninterest-bearing escrow account and will be returned to the owner when all work has been satisfactorily completed.

(Code 1991, § 31-346)

In the event that any tree on any nonexempt parcel of land shall be determined to be in a hazardous or dangerous condition so as to endanger the public health, safety or welfare, and requires immediate removal without delay, written authorization may be given by the building official or his designee and the tree removed.

(Code 1991, § 31-347)

(a)

Enforcement of the provisions of this article shall be the responsibility of the building official. If, after inspection of a project by the building official, the plant materials installed on the site do not comply with the approved plan, the building official will so note in writing. If the building official deems the deviations from the approved plan acceptable, he will so note, and the owner, occupant, tenant and/or representative will be required to submit promptly a revised plan showing the actual plantings. This revised plan will be placed on file at the building official's office.

(b)

If, after inspection, the building official determines the site does not comply with the approved plan and further determines it to be unacceptable, the owner, occupant, tenant and/or respective agent shall be notified in writing by the building official of such violations and given 30 days in which to correct all violations. Failure to make such corrections shall be in violation of this article and the person responsible for the violation shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine or imprisonment, or both, as provided in section 1-7. Each day that any violation of any of the provisions of this article shall continue after the 30-day period shall be construed as a separate offense.

(Code 1991, § 31-348)

The city council may from time to time amend, supplement or change by ordinance the regulations set forth in this article.

(Code 1991, § 31-349)

All ordinances or parts of ordinances in conflict with this article or inconsistent with the provisions of this article are hereby repealed to the extent necessary to give this article full force and effect, save and except such ordinances, resolutions, charters or laws which provide higher standards than those provided herein.

(Code 1991, § 31-350)

(1) See article IV of this chapter for special conditions associated with use.

(2) CPC means that although allowed, a public project review shall be obtained by the city planning commission (CPC) prior to issuance of permits.

(3) See sections 44-69 and 44-415 for specific regulations pertaining to home occupations.

(Code 1991, § 31-361; Ord. No. O09-16, 6-23-2009; Ord. No. O23-21, § 1, 9-12-2023)