These landscaping regulations are intended to improve the physical appearance of the community; to improve the environmental performance of new development by contributing to the abatement of heat, glare, and noise, and by promoting natural percolation of stormwater, and by improving the quality of air; to buffer potentially incompatible land uses from one another; and to conserve the value of property and neighborhoods within the City.

1.   Applicability. No building permit shall be issued for the construction, reconstruction, or structural alteration of a building and/or its parking area nor shall a Certificate of Occupancy be granted for a use without conformity with the provisions of these landscape regulations. However, the following shall be exempt from the landscape regulations of this section:

   A.   Reconstruction or replacement of a lawfully existing use or structure following casualty loss.

   B.   Reconstruction, rehabilitation, or improvements to existing uses or structures which does not substantially change the location of structures or the location and design of parking facilities or other site improvements.

   C.   Additions or enlargements of existing uses or structures, except surface parking, which increase floor area or impervious coverage by less than 20 percent. Where such additions or enlargements are 20 percent or greater, these provisions shall apply only to that portion of the lot, site, or common development where the new development occurs.

   D.   Any individual lot occupied by a single-family dwelling or two-family dwelling in an R-1 of R-2 Zoning District.

2.   Conflicts. Any conflict between this section and another section of this Code shall be resolved in favor of the more restrictive provision.

3.   Landscape Plan Review Procedure. A landscape plan shall be submitted as part of the site plan review process. If no site plan review is required, a landscape plan shall be submitted for consideration before any building permits are issued. The Council may approve, approve with conditions, or deny the application. An applicant should submit 18 copies of the landscape plan with the application.

   A.   Landscape Plan Contents Requirements. A landscape plan at a scale of one inch 20 feet shall be prepared by a landscape architect or other similar professional and shall show graphically and label clearly all items related to the project, including but not limited to, the following:

      (1)   Title, scale, north marker, and date.

      (2)   Zoning classification of site and adjoining property.

      (3)   Location and dimensions of all retaining walls, fences, walks, existing and proposed structures, overhead utilities, refuse disposal areas, electrical and mechanical equipment, and vehicle use areas.

      (4)   All lot lines, easements, and rights-of-way.

      (5)   All surrounding roads, including names.

      (6)   The total square footage of the vehicle use areas and the street yard.

      (7)   Any condition listed in Section 170.43.

      (8)   Location, scientific name, common name, quantity, and size of all existing plant materials and designation of all vegetation to remain and/or be removed.

      (9)   Proposed landscape plantings by location, scientific name, common name, quantity, planting size, and planting method. A plant list should be provided listing this information and keyed to plant locations on the plan.

      (10)   Plant installation details.

      (11)   Contours at one foot intervals of all proposed berms and the area within the drip-line of all trees to be preserved.

      (12)   Drainage and detention areas.

      (13)   Any other feature as determined necessary by the Building and Zoning Enforcement Officer.

      (14)   Elevations, cross-sections, and other details as determined necessary by the Building and Zoning Enforcement Officer.

      (15)   Designation of area(s) to be used for snow storage.

4.   Common Development. A common development that includes more than one lot or site shall be treated as one lot or site for the purposes of satisfying the requirements of this section.

5.   Previously approved site plans. Any site plan or landscaping plan approved by the Council prior to the effective date of this chapter shall remain enforceable and in force.

6.   Final Calculations. All final calculations of required landscaping shall be rounded up to the next whole number if the tenths place is equal to or greater than five. All final calculations used to determine the required landscaping shall be rounded down to the next whole number if the tenths place is less than five.

7.   Installation. All landscaping required by this section shall be installed prior to occupancy or commencement of a use. If the landscaping cannot be installed prior to occupancy or commencement of a use because of climatic conditions, the building Inspector may issue a Temporary Certificate of Occupancy and grant a delay of landscaping installation until the calendar date of June 1 immediately following the date of said Temporary Certificate of Occupancy. However, in such case, the applicant shall post a surety or cash bond equal to 150 percent of the total cost of the landscaping. No final Certificate of Occupancy shall be issued until the landscaping is installed as approved.

8.   Maintenance of Required Landscaping. Upon installation or preservation of required landscape materials, appropriate measures shall be taken to ensure their continued health and maintenance. Required materials that do not remain healthy shall be replaced consistent with the approved landscape plan.

9.   Obstruction of View. Landscaping installed in any landscaped area shall be in accordance with the visibility requirements outlined in Section 170.44.

10.   Rights-of-Way, Easements, and Drainage. Required landscaping shall not disturb drainage systems or be placed upon easements or rights-of-way.

11.   Material Standards. All landscape material required by this Zoning Code shall conform to generally accepted industry standards.