A.

Purpose. The purpose of the landscaping and site design standards is to ensure adequate and appropriate and site arrangement, including:

1.

Integrate building sites with both natural topography and existing vegetation;

2.

Minimize disturbed areas;

3.

Reduce the amount of reflected glare and heat absorbed in and around developments;

4.

Manage stormwater runoff with naturally absorptive vegetation;

5.

Break up large expanses of parking lots; and

6.

Preserve residential neighborhoods by lessening and screening the impacts of potentially incompatible uses.

B.

Applicability. The standards in this section apply to all new development and redevelopment, except single-family zoning districts.

(Ord. No. 7996, § 1, 6-14-2016)

Required landscaping is calculated in landscaping units. Table 6-01 indicates the landscape units awarded for various preserved or planted landscape materials:

TABLE 6-01. LANDSCAPE UNITS AWARDED

NOTES:

[1] Points awarded for retained vegetation in perimeter buffers may only be applied in the buffer area along the same lot line or street frontage where the vegetation is found.

[2] Percentages applied to total units calculated above.

(Ord. No. 7996, § 1, 6-14-2016)

All development types shall have a minimum landscaped area on the lot as determined by zoning district. Landscaping shall be provided at a minimum of three landscape units per 1,000 square feet of landscaped area. At least 25 percent of all required landscape units shall be provided as trees.

A.

Required landscaped area. Minimum landscaped area of the lot outside of the building envelope for zone shall be as indicated in table 6-02, below:

TABLE 6-02. MINIMUM LANDSCAPED AREA

B.

ROD north gateway subdistrict landscaping.

1.

Required landscaping. A 20-foot strip of landscaping shall be provided along the perimeter property line of all multifamily, commercial, and industrial development sites except for approved points of pedestrian or vehicle access. Site perimeter landscaping shall be planted pursuant to the requirements for a 20-foot buffer.

2.

Exceptions. Site perimeter requirements may be reduced up to 100 percent for projects on lots and parcels allowing setbacks less than the required site perimeter yard width utilizing the alternative equivalent compliance requirements of these development regulations. Reductions shall only apply to lots and parcels where the primary building setback is less than the required perimeter landscaping width, and shall only apply to specific required site perimeter areas between the property line and proposed principal building. A zero side setback requirements shall not be construed to allow a reduced rear yard setback.

3.

Alternative compliance review. As part of alternative equivalent compliance review, the city may consider landscaping in the public right-of-way as a substitution for some or the entire required on-site street frontage landscaping where in the opinion of the director the proposed public right-of-way landscaping meets the intent of this section. Any property owner requesting to landscape the public right-of-way as an alternative shall be required to maintain the landscaping into perpetuity unless the landscaped area is accepted for maintenance by the city. In addition to substituting for street frontage landscaping, public right-of-way landscaping may be substituted for other required landscaping if approved by the director. This may include the landscaping of public right-of-way or public lands within the city on a separate unrelated site in some cases where in the opinion of the director the public landscaping proposed will have significantly greater community benefit.

(Ord. No. 7996, § 1, 6-14-2016)

A.

Perimeter landscaping. Parking lots located outside of the CBD subdistrict shall provide 20 feet of perimeter landscaping planted pursuant to the requirements for a 20-foot buffer. Where required, the perimeter landscaping shall be substituted for parking lot perimeter landscaping that would otherwise be required in the same location. Where lots are being developed in a mixed-use district, the parking lot perimeter landscaping requirement may be reduced along an interior lot line, at the discretion of the director, provided that interior parking lot landscaping applies to both parking lots.

B.

Landscape islands. Two hundred square feet shall be installed for every ten parking spaces contained in a parking row, either within the parking row or at the end of the parking row.

C.

Internal landscaping. Landscape strips shall be installed between the parking rows of every other double row of parking when parking rows exceed 50 parking spaces. Internal landscape islands shall:

1.

Be a minimum of six feet in width.

2.

Be at least 200 square feet.

3.

Have a minimum of four, five-gallon deciduous shrubs and one deciduous tree a minimum of 2½ inch caliper per 200 square feet.

4.

Incorporate perennials and grasses for seasonal color.

5.

Contain a minimum of 50 percent living landscaping material, with a maximum of 50 percent non-living landscaping material. Approved sidewalks are not counted toward the non-living landscape material percentage.

D.

Curbs. Landscaped areas within parking lots or the along perimeter of the property must be protected from vehicular traffic through the use of continuous concrete curbs. At least one break per ten linear feet of curb is required to allow for runoff inflows into the landscaped areas.

E.

Parking lot landscaping for infill in the CBD subdistrict. Any boundary of a surface parking lot in the CBD subdistrict that abuts a public street or alley or lot used for detached residential dwellings, shall be landscaped according to this subsection.

1.

For corner-lot buildings with side-yard parking, the boundary between the parking lot and the street-facing side property line shall be landscaped or screened adjacent to the right-of-way according to one of the following options:

a.

A minimum four-foot-wide planting strip containing a low, continuous hedge a minimum of 30 inches tall at installation consisting of a double row of evergreen shrubs planted a minimum of three feet on-center in a triangular pattern; or

b.

A minimum two-foot-wide planting strip containing an ornamental metal fence or masonry wall, with a minimum height of 3½ feet and a maximum height of four feet, combined with a single row of evergreen shrubs planted a minimum of three feet on-center.

2.

For all other parking lot boundaries, the boundary shall be landscaped or screened according to one of the following options:

a.

A minimum two-foot-wide planting strip containing a single row of shrubs planted a minimum of three feet on-center combined with a minimum three-foot high ornamental metal fence or masonry wall of materials compatible with the primary structure. In the place of shrubs, deciduous shade trees may be planted a minimum of ten feet on-center along the common boundary line; or

b.

A minimum four-foot-wide planting strip containing a low, continuous hedge a minimum of 30 inches tall at installation consisting of a double row of evergreen shrubs planted a minimum of three feet on-center in a triangular pattern.

c.

As applicable, landscaping materials shall be planted on the side of the fence/wall closest to the street, alley, or residential property.

d.

The interior landscaping requirements shall apply to all parking areas that meet the applicability standards of that section.

(Ord. No. 7996, § 1, 6-14-2016)

The following regulations apply to properties where a multifamily, mixed-use, or nonresidential district or use abuts a single-family residential district or use without an intervening public right-of-way and/or where these uses are not separated by a perimeter landscaping requirement.

A.

Buffer required. Minimum buffer spaces as described in table 6-03 shall be provided between adjacent or abutting dissimilar structures.

TABLE 6-03. MINIMUM
BUFFER REQUIREMENTS
(IN FEET)

B.

Buffer design. The buffer shall be landscaped in accordance with table 6-04.

TABLE 6-04. BUFFER
PLANTING REQUIREMENTS

1.

New trees and shrubs shall be evenly spaced at planting.

2.

Where a natural buffer exists, as determined by the director, it shall remain undisturbed.

3.

If used in addition to a landscape screen, fences shall have additional evergreen shrubs planted on the residential side of the fence.

4.

Mechanical equipment, permanent detention and temporary erosion and sedimentation control basins, trash containers, loading docks, service uses, and employee break areas are prohibited in the buffer area.

5.

Utility easements may cross but not be placed in the long dimension of a buffer yard.

6.

Wherever practical, pedestrian access shall be placed through the buffer yard.

(Ord. No. 7996, § 1, 6-14-2016)

All landscaping elements, including, but not limited to, planters, retaining walls, and berms must be specifically approved and shall conform to the following standards:

A.

Preservation of trees and existing vegetation. Landscaping plans should be designed to preserve and protect existing native vegetation and mature trees. Bonus landscape credit shall be awarded for preserved vegetation as indicated in table VIII-1[6-04] above, where the director accepts the existing vegetation and/or trees as being in good health and meeting the intent of the landscaping requirements of this section.

B.

Allowed plant materials. Proposed materials must be specified on development plans. The use of low water, drought-tolerant plants is strongly encouraged for all new landscaping. A list of permissible plant species that are either native vegetation or compatible with the climate zones found in the city shall be adopted by the planning commission and may be amended from time-to-time. Materials not on the list may be approved if the director determines that they are equally or more suitable for local soil conditions, climate, and would provide the same or better level of visual benefits and have desired growth habits. No noxious weeds, as defined by the state, are permitted for use in the city.

C.

Irrigation and watering requirements.

1.

The landscaping site plan must identify the area of approximate installation of an automatic irrigation system, its maintenance, and intended uses. All landscape plans must note and delineate all irrigated and sod areas. No in-ground irrigation components shall be permitted in the right-of-way.

2.

Required landscape areas shall be irrigated by an automatic underground irrigation system, surface drip system, subterranean drip system, or a combination of these systems.

3.

A hose bib system may be used for irrigation when a landscape area is less than 1,000 square feet in size and when all portions of the area are within 50 feet of a hose attachment.

4.

Irrigation systems shall be equipped with timers and scheduled to operate during evening or early morning hours to minimize evaporation rates.

5.

Sprinkler systems shall be configured to prevent over-spray of water onto streets and sidewalks.

D.

Landscape maintenance. The responsibility for the maintenance of the landscaping shall lie with the property owner, his/her successor, and/or their agents for all nonresidential property. Failure to maintain required landscaping shall be consider a site design violation of this Code. All landscaping elements shall be permanently maintained in good growing condition and, whenever necessary, replaced with new plant materials to ensure continued compliance with these standards. All required landscaped areas shall be kept free of weeds, debris, and litter. In addition, all walls and fences shall also be maintained in good condition and, when necessary, be repaired or replaced. Any required landscape material, including any tree, grass or shrub, that dies shall be replaced by June 1 of each year. All required landscaping shall be cleared of all unplanned vegetation including weeds at least once each year prior to June 1.

(Ord. No. 7996, § 1, 6-14-2016)

A.

Single-family residential screening. On residential lots, utility equipment shall be located behind the building line of the house and screened from public view by a wall, fence, or landscaping screen according to these development regulations.

B.

Multifamily, mixed-use, commercial, and industrial screening. For all developments other than single-family residential, the following mechanical equipment screening standard shall apply to the maximum extent feasible:

1.

Roof-mounted mechanical equipment. Roof-mounted mechanical equipment shall be screened by a parapet wall or similar feature that is an integral part of the building's architectural design. The parapet wall or similar feature shall be of a height equal to or greater than the height of the mechanical equipment being screened. Roof-mounted mechanical equipment, except solar energy systems, is prohibited on single-family residential dwellings.

2.

Wall-mounted mechanical equipment. Wall-mounted mechanical equipment, except air conditioning equipment (e.g., window AC units), that protrudes more than six inches from the outer building wall shall be screened from view by structural features that are compatible with the architecture and color of the subject building. Wall-mounted mechanical equipment that protrudes six inches or less from the outer building wall shall be designed to blend with the color and architectural design of the subject building.

3.

Ground-mounted mechanical equipment. Ground-mounted mechanical equipment shall be screened from view by landscaping or by a decorative wall that is compatible with the architecture and landscaping of the development site. The wall shall be of a height equal to or greater than the height of the mechanical equipment being screened.

C.

Utilities.

1.

All new utility lines, with the exception of major transmission lines, shall be placed underground.

2.

Utility poles (other than wooden poles erected by a public utility company) and supports shall be painted or be of materials neutral in color.

3.

All transformers and other facilities and equipment, including communications equipment, shall either be screened through the use of architectural materials compatible with the architectural materials present on the site or, screening shall be adequate to screen such facilities from all rights-of-way.

D.

Alternate screening. Mechanical equipment that is not screened in full compliance with the screening standards of these development regulations shall be reviewed in accordance with the procedures of the section dealing with, alternative equivalent compliance. Alternate screening methods may include, but shall not be limited to, increased setbacks, increased landscaping, grouping the equipment on specific portions of a site, and painting or otherwise camouflaging the equipment.

E.

Screening of service, loading, and storage areas.

1.

Applicability. These screening requirements are applicable to all service, loading, and storage areas. Owners are encouraged to locate the types of features listed in this subsection where they are not visible from off-site or from public areas of a site, so that screening is unnecessary.

2.

Placement.

a.

All service areas shall be placed at the rear, on the side of, or inside buildings.

b.

No service area shall be visible from a public right-of-way or from adjacent residential areas.

c.

Service areas and access drives shall be located so they do not interfere with the normal activities of building occupants or visitors on driveways, walkways, in parking areas or at entries.

3.

Outside storage areas and loading docks.

a.

All storage areas, service areas, and loading docks not screened by an intervening building shall be screened from view from any public street right-of-way. In addition, storage and loading areas must be screened from view from any adjoining property when that property requires a transitional buffer. Property zoned or used as an industrial area must also screen from view all outside storage areas that are adjacent to nonindustrial-zoned property.

b.

An opaque screen consisting of one or a combination of the following shall be used:

(1)

Freestanding walls, wing walls, or fences;

(2)

Earthen berms in conjunction with trees and other landscaping; or

(3)

Landscaping, that must be opaque and eight feet in height within 18 months of planting.

c.

Screening shall be a minimum height of eight feet to screen truck berths, loading docks, and areas designated for permanent parking or storage of heavy vehicles and equipment or materials.

d.

Screening shall be long enough to screen the maximum size trailer that can be accommodated on-site. Sites that can accommodate a full size tractor-trailer shall provide a 48-foot wing wall, where wing walls are used.

4.

Shopping cart storage. All shopping carts shall be stored inside the building they serve. Shopping cart corrals shall be made of a material suitable for withstanding weathering and rusting. Plastic corrals are prohibited.

5.

Refuse facility screened. All refuse facilities, including new refuse facilities placed on an existing development, shall be large enough to accommodate a trash dumpster and shall be completely screened from view of public streets and adjoining nonindustrial zoned properties by:

a.

Meeting the requirements of the other sections of this section; or

b.

Screening on three sides by a minimum six-foot masonry wall enclosed by an evergreen living screen. Screening shrubs shall be a minimum of four feet in height at installation and shall provide a minimum six-foot-high screen when fully grown. An opening shall be situated so that the container is not visible from adjacent properties or public streets and the opening shall be a metal clad opaque gate. Chain-link gates are not permitted. Gates must have tiebacks to secure them in the open position.

6.

Design of screening. All screening shall be complementary to the building served in landscaping approach and with similar colors and material palette.

(Ord. No. 7996, § 1, 6-14-2016)

A.

Fence types.

1.

Open fences means those fences constructed of wood, masonry, metal, woven wire, or other material whose surface area is greater than 50 percent open.

2.

Solid fences means those fences constructed of wood, masonry, metal, planting, hedge or other material whose surface area is or may become less than 50 percent open.

3.

The smooth or most finished side shall be facing outward on all fences.

B.

Permit required.

1.

It shall be unlawful for any person, property owner or fence construction company to erect or install fencing without first paying the permit fee as set out in appendix F, schedule of fees and charges, Code of Leavenworth, and obtaining a fence or building permit pursuant to the provisions of these development regulations.

2.

Masonry fences, or fences which contain a portion of masonry, four feet or more in height, or more than four feet above the nearby grade, shall be designed by an engineer licensed in the State of Kansas and shall require construction documents and a building permit.

3.

A survey by a surveyor licensed in the State of Kansas may be required by the building official before issuing a permit.

C.

Residential uses.

1.

Prohibited types.

(a)

Barbed wire fence prohibited. No person shall construct, keep or maintain any barbed wire fence, or fence any part of which is composed of barbed wire, within a residential area of the city except when permitted as a farm use or as a condition to a special use permit for those uses listed as a special use connected with farming or agricultural activities in the R1-25 single-family residential district.

(b)

Electric fence prohibited. No person shall construct, keep or maintain an electrically charged fence within a residential area of the city except when permitted as a farm use or as a condition to a special use permit for those uses listed as a special use connected with farming or agricultural activities in the R1-25 single-family residential district of the development regulations of the city. These installations will then only be permitted when the electric fence is installed behind an open fence separated by three feet.

2.

Residential front yard.

(a)

Open fences and hedges may be installed in all front yards on the property lines but may not exceed 48 inches above the natural contour of the ground.

(b)

No solid fences shall be constructed or reconstructed closer to the street line than the front wall of the residential structure. The front wall of the residential structure shall be determined by excluding porches, roof overhangs, dormers, or other extensions.

(c)

Where a residential property abuts a commercial or industrial property or use and where screening has not been installed or is not required, the residential property owner may install a solid or open screening fence on the property line not to exceed 72 inches in height above the natural contour of the ground along the property line that abuts the commercial or industrial property or use.

3.

Residential side or rear yards.

(a)

Open fences and hedges may be installed in all side and rear yards on the property line but may not exceed 72 inches above the natural contour of the ground.

(b)

Solid fences may be installed on the rear property line and on the side property line to a point aligning with the front wall of the residential structure as defined in subsection 2. of this section not exceeding 72 inches in height above the natural contour of the ground; provided that no solid fence greater than 48 inches above the natural contour of the ground shall be built within six feet of a residential structure on adjoining property; provided further, that if any portion of the adjoining structure is closer than six feet, then such solid fence shall not exceed four feet in height for the entire length of the side or rear yard property line.

(1)

On corner lots, both yards adjacent to streets are considered front yards. In this instance, the fence on the addressed side must be erected in accordance with subsection 2.; on the other side a solid fence not exceeding 72 inches in height above the natural contour of the ground may be built on the property line, provided that the property line is a minimum of 15 feet from the curb or edge of pavement. If the property line is less than 15 feet from the edge of the pavement, the fence shall be installed a minimum of 15 feet from the curb or edge of pavement, or 50 percent of the existing setback from the house to the property line, whichever is less.

(2)

For the purpose of determining yard requirements on corner lots, the street the property is addressed from shall be considered the frontage and yards shall be provided, as set forth in this section.

(c)

Where a residential use abuts a commercial or industrial property or use, and where screening has not been installed or is not required, the residential property owner may install a solid-type screening fence on the property line up to eight feet above the contour of the natural ground along the property line that abuts the commercial or industrial property or use.

(d)

A solid fence may be installed around a private swimming pool or patio not to exceed 96 inches above the natural contour of the ground, provided it complies with all applicable building codes contained in the adopted building code.

D.

Commercial and industrial uses—Types permitted.

1.

Decorative fences. Decorative fences shall be permitted in the central business district upon approval by the development review committee.

2.

Fences in commercial zoned areas. Fences in commercial zoned areas of the city shall be either of open or solid type construction.

3.

Height restrictions.

(a)

Fences for commercial uses may be up to eight feet above the natural contour of the ground. Fences may be installed on the property line, except that no fence adjacent to the right-of-way may exceed six feet in height and no fence may be installed in the vision clearance triangle.

(b)

Fences for industrial uses shall be no less than six feet or more than eight feet above the natural contour of the ground and may be installed on the property line except in the vision clearance triangle.

4.

Use of barbed wire.

(a)

Fencing of the chain-link type for commercial and industrial uses may be topped with barbed wire on slanted arms. When these slanted arms are used, they shall be slanted outward and upward at an angle of not less than 45 degrees. No barbed wire will be permitted on nonconforming business properties in residential zoning districts.

(b)

When the commercial or industrial property or use abuts a residential use, a chain-link fence with the barbed wire topping may be installed along the abutting residential property line provided the lowest point of the barbed wire is at least six feet above the ground.

(c)

Chain-link fencing with barbed wire topping shall not be installed any closer than five feet to any street, sidewalk, or pedestrian way.

E.

Agricultural fence. The term "agricultural fence" shall apply only to areas conforming to the requirements of the R1-25 district and those activities permitted as a farm use, or as a condition to a special use permit for those uses listed as a special use connected with farming or activities in the R1-25 single-family residential district, development regulations of the city.

1.

Permitted types. Agricultural fences shall be of the open type construction only.

2.

Height restriction. Agricultural fences shall not exceed four feet in height above the natural contour of the ground.

3.

Use of barbed wire by special permit; prohibited when abutting residential uses. The use of barbed wire in the construction, reconstruction or maintenance of agricultural fences shall be by a special permit issued by the city inspector. The permit shall not be given or renewed if the fence forms a boundary with a residential development.

4.

Hedges and evergreens along public ways—Height restricted. The owner of any hedge or evergreen fence along the side of any street, avenue, or alley shall not permit any such hedge or evergreen fence to grow to exceed four feet in height.

F.

General restrictions—All fences.

1.

Sight distance. No fence shall be constructed nor shall a hedge or evergreen fence be planted or allowed to grow in such a manner as to obstruct the vision triangle at intersections.

2.

Exposure of solid fences. When tight-board fences are constructed, the smooth finished surface shall face the exterior of the property.

G.

Notice to trim. The owner of any hedge or evergreen fence along the side of any street, avenue, or alley shall on 30 days' notice in writing given by the city inspector be required to trim such hedge or evergreen fence to conform to the requirements of the city's property maintenance notice.

H.

Fence maintenance notice. Any property owner who fails to maintain any fence or screening structure in a clean, sanitary and inoffensive condition and free and clear of all obnoxious substances, rubbish and weeds shall, after 30 days' written notice from the director or his agent, be deemed guilty of a misdemeanor and subject to the penalty provisions of these development regulations and any other applicable city ordinance.

(Ord. No. 7996, § 1, 6-14-2016; Ord. No. 8063, § 1, 11-28-2017; Ord. No. 8132, § 1, 7-14-2020; Ord. No. 8238, § 1, 3-12-2024)

The purpose of this subsection is to protect the existing tree canopy as well as protect future tree canopies of the city when development or redevelopment occurs. The standards in this subsection are intended to regulate the removal of trees on lots within the city. It is not the intent of this subsection to unduly restrict desirable development and redevelopment that would otherwise be possible without these standards. The standards in this subsection shall be applied during review of any development or building permit application.

A.

Preservation of significant trees. Significant trees shall be preserved to the maximum extent feasible. For the purposes of this standard, the caliper of a "significant" tree shall be at least 24 inches for a deciduous tree and 18 inches for an evergreen.

B.

Significant tree replacement. Where significant trees cannot feasibly be preserved, the total caliper inches of the tree(s) that are removed shall be replaced on-site by the same caliper inches of new trees. For example, if a 24-inch caliper sugar maple is removed from the site; new trees with total caliper inches of 24 must be replanted. The new trees shall either be of the same or similar species, or, if identified by the director or his/her designee for species diversification, shall be from a list of permissible species provided by the director or designee.

C.

Combination planting and payment replacement. If site limitations affect the ability of the developer to replace the total caliper inches of the removed tree(s), the director or his/her designee may allow the developer to reduce the replacement measurement. The planted caliper inches shall allow for the maximum replacement of caliper inches feasible on the site. This reduction may not exceed 50 percent of the total caliper inches removed.

D.

Enforcement. The director or his/her designee shall send a letter to all development applicants reminding them of the significant tree replacement requirements.

E.

Removal of a dead or dying tree or unsafe tree. Nothing in this section shall be interpreted to require a property owner to keep a dead or dying tree. The status of a tree shall be determined by the director or his/her designee prior to removal. The city may require a property owner to remove a dead or dying tree if it is determined to be a hazard to public safety.

F.

Tree protection during construction.

1.

Owner's responsibility. During development, the owner or developer is responsible for the erection of all barriers necessary to protect any existing or installed trees from damage both during and after construction in accordance with the standards of this subsection.

2.

Tree protection fencing. All significant trees and trees intended for use as credit towards the landscaping and tree-protection standards of article shall be fenced in accordance with this subsection before grading or other land-disturbing activity begins.

a.

Fencing shall extend at least one foot in distance from the edge of the tree for each inch of diameter at breast height (DBH) to a maximum of ten feet, but in no case closer than five feet to the trunk. The director shall consider existing site conditions in determining the exact location of any tree protection fencing.

b.

The developer shall erect a plastic mesh fence or chain-link fence a minimum of four feet in height at the drip line around each tree or group of trees to prevent the placement of debris or fill within the drip line of any tree.

c.

All tree protection measures shall be inspected and approved by the director prior to start of any land disturbing activities. Failure to have tree protection measures prior to the commencement of construction is a violation of these regulations.

d.

The tree protection fencing shall be clearly shown on the site plan or grading permit. No construction, grading, equipment, material storage, or any other activity shall be allowed within the fenced area except in accordance with the standards in subsection [F]3. [of this section], encroachments into root zones. Fencing shall be maintained until the land disturbance activities are complete.

3.

Encroachments into root zones. Encroachments within the root zones of trees protected in accordance with this subsection shall occur only in rare instances. If such an encroachment is anticipated, the following preventive measures shall be employed prior to the encroachment:

a.

Written verification is prepared by a qualified arborist of the tree's condition before and after the encroachment, including preventive measures that shall be employed prior to, during, and after the encroachment to ensure the viability of the tree.

b.

Where compaction might occur due to traffic or materials through the protection area, the area shall first be mulched with a minimum four-inch layer of wood chips or a six-inch layer of pine straw. Equipment or materials storage shall not be allowed within the tree protection zone.

c.

In no instance shall any effluent associated with construction process, including concrete mixing, pouring, or rinsing processes, drain onto lands protected by tree protection fencing or other control measures.

(Ord. No. 7996, § 1, 6-14-2016)