Lexington City Zoning Code
ARTICLE 18
LANDSCAPE AND LAND USE BUFFERS
Sec. 18-1. - Intent.
The intent of this Article is to improve the appearance of vehicular use areas (VUAs) and property abutting public rights-of-way; to require buffering between incompatible land uses; and to promote public health and safety through the reduction of noise pollution, air pollution, visual pollution, air temperature, and artificial light glare. This Article is established in accordance with the Goals, Objectives, and Policies of the Comprehensive Plan.
Sec. 18-2. - Sites affected.
(a) New Sites. No new site development, building, or structure shall hereafter be constructed or vehicular use area created or used unless landscaping is provided as required by the provisions of this Article.
(b) Existing Sites. Any development that expands, moves, removes, or reconstructs the building, structure, or vehicular use area (VUA) by thirty (30%) percent or more of a previously approved development plan by the Planning Commission shall comply with the provisions of this Article. Changes of less than thirty (30%) percent of the site shall comply with the provision of this Article only for the portions of the site being altered or modified.
(c) Change of Use. Interior landscaping shall not be required where only the use of the property is changed and no new construction or reconstruction is proposed.
(d) Change of Zone. No use of an existing building, structure, or vehicular use area shall be commenced subsequent to a change in zoning unless property perimeter landscaping as required herein has been provided.
Sec. 18-3. - Where landscape materials required.
This section describes the minimum requirements that shall be met in regard to interior and perimeter landscaping for vehicular use areas, perimeter landscaping for incompatible land use areas, and landscaping for service areas.
(a) Perimeter Landscaping Requirements. Unless otherwise provided, landscape materials shall be installed to provide a minimum of fifty percent (50%) winter opacity and a seventy percent (70%) summer opacity, between one (1) foot above finished grade level to the top of the required planting, hedge, fence, wall, or earth mound within four (4) years after installation. The required landscaping shall be provided along the property perimeter in designated landscape buffer areas (LBAs) as shown in the chart in Subsection (a)(1) of this section or adjacent to the vehicular use area as shown in Subsection (a)(2) of this section. A "Planting Manual" shall be maintained by the Division of Environmental Services and available in the offices of the Division of Environmental Services and the Division of Planning, to provide more detailed information on the acceptable plant material.
(1) Property Perimeter Requirements.
A. | B. | C. | D. |
A. | B. | C. | D. | |
When the following... | Adjoins the following... | A minimum buffer area1 of this average width (with eight feet as the least dimension) is required.3 | Which will contain this material, to achieve opacity required.4 7 | |
1. | Any M-1P zone. | Any property in any zone other than M-1P. | Ten feet adjacent to all common boundaries, including street frontage. | One tree/40 feet of linear boundary, OFT2, from Group A, B, or C of Plant List plus continuous six feet high planting, hedge, fence, wall or earth mound. |
2. | Any office or business zone (except P-2). | Any residential zone. | 15 feet adjacent to all common boundaries (located behind the building line) except street frontage.6 | One tree/40 feet of linear boundary, OFT, from Group A or B only, plus, 1) a double staggered row of six feet high hedge or 2) a six feet high fence, wall or earth mound. |
3. | Any industrial or P-2 zone. | Any residential, office, or business zone. | 15 feet adjacent to all common boundaries except street frontage.6 | Same as 2D.8 |
4. | Any double frontage lot (as defined by the Subdivision Regulations) in any zone unless the lot is used for a vehicular sales facility. | Any state maintained freeway or arterial (major or minor) street not providing direct access to the property. | 20 feet for residential zones and ten feet for all other zones adjacent to freeway or arterial (major or minor). | Double staggered row of trees every 30 feet OFT, Group A or B, plus continuous six (6) feet high planting, hedge, wall, fence (not to exceed eight feet in height at street grade) or earth mound. Such plantings are to be shown on a unified plan for the development. |
5. | Any zone except agricultural and industrial zones. | Railroads (except spur tracks and along sight triangles) | Same as 6C, adjacent to railroad boundaries. | Same as 2D. |
6. | Utility substation, junk yards, landfills, sewage plants, sewage pump stations, transfer stations or similar uses. | Any property boundary, including street rights-of-way. | 15 feet adjacent to all boundaries, except only five feet for utility substations and sewage pump stations measured adjacent to the enclosure. 6 | Same as 2D. |
7. | Any R-1T, R-3, R-4 or R-5 zone except when developed as buildings for single-family or two-family occupancy. | Any R-1A, R-1B, R-1C, R-1D, or R-2 zone. | Eight feet adjacent to all common boundaries except street frontage. | One tree/40 feet of linear boundary, OFT2, from Group A, B, or C of Plant List plus a continuous six feet high planting, hedge, fence, wall, or earth mound. |
8. | Any non- agricultural zone. | Any A-R, A-B, and A-N zone. | 15 feet adjacent to all common boundaries except street frontage. | Double row staggered of trees every 30 feet of linear boundary from Group A, B, or C. |
9. | Any residential, business, office, or industrial zone. | Urban Service Area boundary. | Ten feet adjacent to all common boundaries except street frontage.5 | Same as 1D, except use only native tree species from Group A. |
10. | Any cemetery use, whether private or public. | Any property boundary, including street rights-of-way. | 50 feet adjacent to all boundaries, as shown on a development plan or subdivision plan. | One tree/40 feet of linear boundary from Group A or B, plus continuous six feet high planting, or hedge, in addition to a wall or fence a minimum of three feet in height. |
1. Grass or ground cover shall be planted on all portions of the landscape buffer area not occupied by other landscape material.
2. OFT means "or fraction thereof." Unless otherwise specified, trees do not have to be equally spaced, but may be grouped.
3. To determine required area of landscape buffer area, multiply required averaged width by length of common boundary. Using item 1C as an example, the ten (10) foot average required width times an assumed one hundred (100) feet of common boundary equals one thousand (1,000) square feet of required landscape area. Thus, if some sections of the landscape buffer area are only three feet in width, other sections will have to be greater than ten feet in width in order to attain the required one thousand (1,000) square feet of landscape area.
4. A continuous planting of evergreen trees fifteen (15) feet o.c. Shall be deemed to meet the requirements for trees and a continuous planting provided the trees meet the requirements of Section 18-4(c) and an opacity of seventy (70) percent is achieved.
5. No map amendment request, major subdivision plan, or development plan shall be approved by the Planning Commission except in compliance with this section. However, the Planning Commission shall not require such landscaping adjoining the Urban Service Area boundary where any of the following conditions exist: major railroad lines, major water bodies (not including streams or farm ponds), publicly owned parks or open space, public property with a low intensity of use, or existing urban development along the Urban Service Area boundary.
6. The 15-foot Landscape Buffer Area (LBA) may be reduced to eight (8) feet when used in conjunction with a six-foot high wall or fence.
7. In situations where a slope occurs along a boundary, the required landscaping shall be placed (in relation to the slope) where it will most effectively screen the more intensive use from the adjoining property.
8. In conjunction with the required development plan in a P-2 zone, the Planning Commission may permit portions of required perimeter planting to be reallocated to areas interior to the site, as per Article 8-24.
(2) Vehicular Use Area Perimeter:
(a) A vehicular use area (VUA) is any paved area, which is not exclusive to pedestrian use, containing more than eighteen hundred (1,800) square feet of area or used by five (5) or more of any type of vehicle; whether moving or at rest, including, but not limited to, parking lots; loading and unloading areas; drive-through or drive-up window facilities; and sales and service areas. A driveway is considered part of a vehicular use area when adjacent to public streets or other vehicular use elements. Intervening curbs, sidewalks, or landscaping strips, etc., do not eliminate adjacency of VUA.
(b) A vehicular use area perimeter buffer shall be located between vehicular use areas and any adjacent streets and adjacent properties excluding required sight clearances at driveways and ingress/egress locations. A vehicular use area perimeter buffer shall not be required when a vehicular use area is contiguous to a required property perimeter buffer and the screening intent of this Article is met.
(c) The vehicular use area perimeter requirements are in addition to the vegetative open space requirements in Article 20.
(d) Vehicular use area perimeter requirements shall be required for all zones as follows:
1. The vehicular use area perimeter buffer shall be located along the perimeter of a vehicular use area and maintain a minimum average width of eight (8) feet, as measured from the outer edge of the vehicular use area. The buffer shall contain:
(i) A continuous hedge, fence, wall, or earthen mound, except where trees require breaks.
(a) Hedges shall be composed of a double staggered row of evergreen shrubs or deciduous shrubs, with a minimum planting height of twenty-four (24) inches. All plants shall conform to opacity, minimum height of thirty-six (36) inches, and other requirements of the development plan within three (3) years after the date of the final approval of each planting or replanting.
(1) Up to twenty-five percent (25%) may be deciduous.
(2) Plant material other than groundcover shall be located at least three (3) feet from the back edge of the curb where cars overhang.
(b) Fences or walls shall be opaque and shall be a minimum of four (4) feet in height.
(ii) One (1) canopy tree (Group A or B) per twenty-five (25) linear feet of the total perimeter of the parking area.
(a) Trees shall be located at least four (4) feet from the back edge of the curb where cars overhang.
(b) In areas where overhead utilities prevent the use of canopy trees (Group A or B), understory trees (Group C) may be substituted.
(3) Who Provides Landscape Buffer Area. The landscape buffer area and material required adjacent to any vehicular use area under Subsection (a)(2) of this section shall be provided by the person in charge of or in control of the property whether as owner, lessee, tenant, occupant or otherwise (hereinafter referred to as "owner"), unless the authority building the street has fully met all requirements on the street right-of-way. When adjacent to other common boundaries, the landscape buffer area and materials:
(a) May be placed on either adjoining parcel, or astride the boundary, if both are owned and being processed by the same owner; or
(b) Shall be placed on the property with the vehicular use area when adjoining parcels have different owners; or
(c) May be placed astride the boundary of adjoining parcels having different owners if a written agreement, signed by both owners, is filed with the Division of Environmental Services as a public record; or
(d) Shall not be required along the common boundary if the requirements of this Article have been fully complied with on the adjoining property, in fulfillment of the requirements of this article. A note indicating the maintenance of the shared boundary shall be included on the approved landscape plan.
(4) Requirement Conflicts. Whenever a parcel or activity falls under two (2) or more of the landscape requirements listed, the most stringent requirements will be enforced.
(5) Landscaping in Easements. The required landscape buffer area may be combined with a utility or other easements as long as all of the landscape requirements can be fully met, otherwise, the landscape buffer area shall be provided in addition to, and separate from, any easement. Trees to be planted in utility easements containing overhead lines shall be only those specified in the Plant List. Cars or other objects shall not overhang or otherwise intrude upon the required landscape buffer area more than three (3) feet, and wheel stops or curbs will be required.
(6) Street Trees in the Right-of-Way. Trees required as a part of the vehicular use area perimeter landscaping may be placed on the right-of-way adjoining such vehicular use area when approved by the Division of Environmental Services. Where street trees required by the Subdivision Regulations have already been planted in the right-of-way, such trees may be substituted for an equal number of vehicular use area perimeter trees. Written permission from the authority having jurisdiction over the right-of-way shall be submitted by the developer prior to the approval of a landscape plan which utilizes the right-of-way for vehicular use area perimeter landscaping. The Division of Environmental Services shall permit the required vehicular use area perimeter trees to be located in the right-of-way only if there is sufficient area for such trees to grow to maturity.
(7) Existing Landscape Material. Existing landscape material which is proposed to be used to fulfill landscape requirements shall be shown on the required plan, and any material in satisfactory condition may be used to satisfy these requirements in whole or in part when, in the opinion of the Division of Environmental Services such material meets the requirements and achieves the objectives of this Article. Existing healthy trees from Group "A" or "B" of the Plant List may be substituted for trees required for property or vehicular use area perimeter landscaping, or for interior landscaping by using the following criteria: a six-inch to twelve (12)-inch caliper tree surrounded by a minimum of one hundred fifty (150) square feet of landscape area may be substituted for two (2) new trees of the required minimum size; a twelve (12)-inch to twenty-four (24)-inch caliper tree surrounded by a minimum of two hundred fifty (250) square feet of landscape area may be substituted for three (3) new trees of the required minimum size; a twenty-four (24)-inch or greater caliper tree surrounded by a minimum of three hundred (300) square feet of landscape area may be substituted for four (4) new trees of the required minimum size.
(8) Landscaping at Driveway and Street Intersections. To ensure that landscape materials do not constitute a driving hazard, a "sight triangle" will be observed at all street intersections or intersections of driveways with streets as required by Section 3-2 herein.
(9) Joint Driveways and Common Vehicular Use Areas. Vehicular use area screening shall not be required between a vehicular use area and the adjoining property where a property line divides a driveway used for common access to two (2) or more properties nor when a final development plan for the properties has been approved by the Planning Commission.
(b) Interior Landscaping for Vehicular Use Areas. Any open vehicular use area containing five thousand (5,000) or more square feet of area, or fifteen (15) or more vehicular parking spaces, shall provide interior landscaping in addition to the previously required perimeter landscaping. Interior landscaping shall be peninsular or island types. Where a vehicular use area is altered or expanded to increase the size to five thousand (5,000) or more square feet of area, or fifteen (15) or more vehicular parking spaces, interior landscaping for the entire vehicular use area shall be provided and not merely to the extent of its alteration or expansion.
(1) Minimum Interior Landscape Area. The minimum interior landscape area shall be ten (10%) percent of the total vehicular use area, excluding loading, unloading, and storage areas in a Wholesale and Warehouse Business (B-4), Light Industrial (I-1), Heavy Industrial (I-2), or Economic Development (ED) zone.
(2) Minimum Interior Vehicular Use Area Tree Canopy. Tree canopy equal to or exceeding thirty (30) percent of the total vehicular use area shall be provided, including loading, unloading, and storage areas in a Wholesale and Warehouse Business (B-4), Light Industrial (I-1), Heavy Industrial (I-2), or Economic Development (ED) zone. In areas where overhead utilities prevent the use of canopy trees (Group A or B), understory trees (Group C) may be substituted. Trees shall have a clear trunk of at least eight (8) feet above the ground. Clustering is permitted within the interior landscape areas.
(3) Alternative Tree Locations for loading/unloading zones or storage areas in the Wholesale and Warehouse Business (B-4), Light Industrial (I-1), Heavy Industrial (I-2), or Economic Development (ED) zones - where required free canopy cannot be accommodated within the required vehicular use area interior landscape areas the remaining trees shall be planted elsewhere on the site.
(4) Location for Interior Landscape Areas.
a. A maximum distance of ninety (90) feet between interior landscape areas.
b. At the end of every row of parking there shall be an interior landscape area.
c. Every other row of double-loaded parking requires a continuous interior landscape area of a minimum of eight (8) feet in width when trees are provided or five (5) feet when no trees are provided.
(5) Interior Landscape Area without Trees.
a. Minimum Area - Seventy-two (72) square feet as measured from front of curb.
b. Plant Material Required - Low shrubs, ground cover, herbaceous cover or native warm season grass to cover at least seventy-five (75%) percent at maturity.
c. Vehicle Overhang - Plant material other than groundcover shall be located at least three (3) feet from the back edge of curb, where vehicles overhang.
(6) Interior Landscape Area with Trees.
a. Minimum Area - One Hundred and forty-four (144) square feet per tree as measured from front of curb.
b. Minimum Top Soil Depth - Three (3) feet.
c. Plant Material Required - At least one canopy tree from Group A or Group B; in areas where overhead utilities prevent the use of canopy trees (Group A or B), understory trees (Group C) may be substituted. Trees shall be under planted with low shrubs, ground cover, herbaceous cover or native warm season grass to cover at least seventy-five (75%) percent at maturity.
d. Vehicle Overhang - Trees shall be located at least four (4) feet from the back edge of curb, where vehicles overhang.
(7) Landscaping for Service Structures. All service structures shall be fully screened except when located in an R-1, R-2, B-4, I-1 or 1-2 zone or when located more than thirty-five (35) feet above the established grade. Service structures in the B-4, I-1 or I-2 zone shall be fully screened when located within one hundred (100) feet of any zone except B-4, I-1 or I-2. For the purpose of this Article, service structures shall include propane tanks, air-conditioning units and condensers, electrical transformers, dumpsters, and other equipment or elements providing service to a building or a site.
(a) Location of Screening. A continuous planting, hedge, fence, wall, or earth mound shall enclose any service structure on all sides unless such structure shall be frequently moved, in which case screening on all but one (1) side is required. The average height of the screening material shall be one (1) foot more than the height of the enclosed structure, but shall not be required to exceed eight (8) feet in height. Whenever a service structure is located next to a building wall, perimeter landscaping material, or vehicular use area landscaping material, such walls or screening material may fulfill the screening requirement for that side of the service structure if that wall or screening material is of an average height sufficient to meet the height requirement set out in this section. Whenever service structures are screened by plant material, such material may count towards the fulfillment of required interior or perimeter landscaping. No interior landscaping shall be required within an area screened for service structures. Screening for dumpsters and other solid waste service areas shall be installed and maintained in accordance with Chapter 16 of the Code of Ordinances.
(b) Protection of Screening Material. Whenever screening material is placed around any trash disposal unit or waste collection unit which is emptied or removed mechanically on a regularly occurring basis, a fixed barrier to contain the placement of the shall be provided in accordance with the requirements of Chapter 16 of the Code of Ordinances.
(8) Screening of Outdoor Storage Areas. All outdoor storage areas in the Wholesale and Warehouse Business (B-4), Light Industrial (I-1), Heavy Industrial (I-2), or Economic Development (ED) zones shall be screened by a solid wall or fence not less than six (6) feet in height.
(Code 1983, § 18-3; Ord. No. 201-86 , § 1, 10-2-1986; Ord. No. 228-86 , § 1, 10-21-1986; Ord. No. 153-87 , § 1, 7-9-1987; Ord. No. 198-87 , § 1, 8-27-1987; Ord. No. 7-88 , § 1, 1-28-1988; Ord. No. 73-89 , § 1, 5-4-1989; Ord. No. 248-90 , § 1, 11-27-1990; Ord. No. 292-95 , § 1, 12-7-1995; Ord. No. 211-99 , § 1, 7-8-1999; Ord. No. 156-2004 , § 1, 7-2-2004; Ord. No. 29-2006 , § 3, 2-9-2006; Ord. No. 5-2010 , § 2, 1-14-2010; Ord. No. 124-2017, § 3, 8-31-2017; Ord. No. 113-2022, § 12, 10-27-2022; Ord. No. 095-2024, §§ 5, 6, 9-12-2024; Ord. No. 036-2025, § 24, 6-12-2025)
Sec. 18-4. - Landscape materials.
The landscaping materials shall consist of the following, as described in the Planting Manual available at the Division of Planning and the Division of Environmental Services.
(a) Walls and Fences. Walls shall be constructed of natural stone, brick or other weatherproof materials arranged in a linear, serpentine, or other alignment; while fences shall be constructed of wood or other weatherproof, durable materials generally used in the exterior construction of buildings. Fence posts shall be structurally stable based on the material used, and shall have a maximum spacing of eight (8) feet on center (o.c.). If wood is used, the posts shall be four by four inches minimum. Posts shall be set in or anchored to crowned concrete footers at least six (6) inches larger in each direction than the post it supports. The base of the footer shall be at least twenty-four (24) inches below finished grade. If wood is used for any member, it shall be softwood treated with water-borne preservative to the American Wood Preservers Institute standard LP-2 for above ground use or LP-22 for ground contact use, or all heart redwood, or all heart cedar. All cut surfaces of pressure treated lumber shall be waterproofed. If another material is used, it shall be weatherproof. Slats are to be minimum one-half (½) inch in thickness and are to be placed on the outside of the fence unless the design is two-sided (shadow-box, etc.). All hardware is to be galvanized or otherwise rust-proofed. Wood horizontal members shall be installed bark-side up. Chain link fencing may not be used to meet the requirements of this Article. Chain link fencing may be installed in the required landscape area only if it is in addition to the required continuous planting, hedge, fence, wall or earth mound. Unless otherwise specified, all walls or fences shall have a minimum opacity of eighty (80) percent. Walls and fences allowed to meet the requirements of this Article shall not be used for the erection or display of any sign or other advertising device. Height limitations for walls and fences are regulated by zone and land use in Article 15-4
(b).
(b) Earth Mounds. Earth mounds shall be physical barriers which block or screen the view similar to a hedge, fence, or wall. Mounds shall be constructed with proper and adequate plant material to prevent erosion. A difference in elevation between areas requiring screening does not constitute an earth mound.
(c) Plants. All plant materials shall be living and shall meet the following requirements:
(1) Quality. Plant materials used in conformance with provision of this Zoning Ordinance shall conform to the Planting Manual and shall have passed all inspections required under state and local regulations. Bare root plants, with the exception of shrubs and hedges, vines and ground covers shall be prohibited.
(2) Prohibited Plant Material. The use of invasive species, as listed in the Planting Manual, are prohibited. Artificial and other non-living materials shall not be considered acceptable to meet the landscaping requirements of this ordinance.
(3) Deciduous Trees. (Trees which normally shed their leaves in the Fall) - A minimum of ten (10) feet overall height or a minimum caliper (trunk diameter, measured six (6) inches above ground for trees up to four (4) inches caliper) of at least one and three-fourths (1.75) inches immediately after planting shall be required. Columnar variety trees of any species are prohibited for all required landscaping per Article 18
.
(4) Evergreen Trees. Evergreen trees shall be a minimum of five (5) feet high with a minimum caliper of one and one-half (1.5) inches immediately after planting.
(5) Shrubs and Hedges. Shall be at least twenty-four (24) inches in height when installed. All plants shall conform to opacity, a minimum height of thirty-six (36) inches, and other requirements within three (3) years after the date of the final approval of each planting or replanting.
(6) Grass or Ground Cover. Grass of the fescus (Gramineak) or Bluegrass (Poaceae) family shall be planted in species normally grown as permanent lawns in Fayette County, and may be sodded, plugged, sprigged, or seeded; except in swales or other areas subject to erosion, where solid sod, erosion reducing net, or suitable mulch shall be used, nurse-grass seed shall be sown for immediate protection until complete coverage otherwise is achieved. Grass sod shall be clean and free of weeds and noxious pests or diseases. Ground cover such as organic material shall be planted not more than fifteen (15) inches on center and in such a manner as to present a finished appearance and have seventy-five (75) percent of complete coverage after two (2) complete growing seasons. In certain cases, ground cover also may consist of rocks, pebbles, and similar approved materials when used in islands with trees. These materials are prohibited in all other areas.
(7) Mulch. Mulch use around trees, shrubs and other planting materials shall be placed at a depth of two (2) to four (4) inches and installed per the Planting Manual.
(d) Maintenance and Installation.
All landscaping required by this Article shall be installed and maintained by the owner in compliance with the standards specified in the Planting Manual and, as applicable, the requirements specified in Lexington-Fayette Urban County Government Ordinances No. 1-91 and No. 34-92 (Man o' War Boulevard), No. 134-89 (Old Frankfort Pike), No. 133-89 (Georgetown Road), No. 213-83 and No. 266-87 (Richmond Road), No. 42-98 (Downtown Street Trees), and No. 85-2008 (Newtown Pike), all available in the offices of the Division of Environmental Services; or any other future amendments to these ordinances. Any landscape material that fails to meet the minimum requirements of this Article at the time of installation shall be removed and replaced with acceptable materials. The person in charge of, or in control of, the property, whether as owner, lessee, tenant, occupant, or otherwise, shall be responsible for the continued proper maintenance of all landscaping materials and shall keep them in a proper, neat and orderly appearance, free from refuse and debris, at all times. All unhealthy or dead plant materials shall be replaced by the next planting period; while other defective landscape material shall be replaced or repaired within three (3) months. Sizes for the above-mentioned replacements shall be as provided in Subsection (c)(2) of this section. Topping trees or the severe cutting of limbs are in violation of this Article. Except as provided above, the removal of required landscape materials shall be approved by the Division of Environmental Services. When trees are removed, other than as permitted above, such trees shall either be replaced with the necessary number two and one-half (2.5) inch caliper trees to equal the total caliper of trees removed, or with trees of the same caliper as those that were removed. All replacement trees shall be planted in the original location unless an alternate location is approved by the Division of Environmental Services. Violation of these installation and maintenance provisions shall be grounds for the Division of Building Inspection to refuse a building occupancy permit, or for the Division of Environmental Services to require replacement of landscape material or institute legal proceedings to enforce the provisions of this Article.
(Code 1983, § 18-4; Ord. No. 201-86 , § 1, 10-2-1986; Ord. No. 198-87 , § 1, 8-27-1987; Ord. No. 100-96 , § 1, 6-27-1996; Ord. No. 11-2011 , § 1, 2-3-2011; Ord. No. 124-2017 , § 4, 8-31-2017; Ord. No. 45-2019 , § § 1, 2, 7-2-2019; Ord. No. 113-2022, § 12, 10-27-2022; Ord. No. 095-2024, § 7, 9-12-2024)
Sec. 18-5. - Plan submission and approval.
When any property is affected by this Article, the property owner or developer shall submit a landscape plan to the Division of Environmental Services and reviewed in coordination with Article 26 and Article 30 requirements. The landscape plan shall be certified by a landscape architect licensed to practice in the State of Kentucky. The requirements of this Article shall be followed in approving or disapproving a landscape plan. Landscape plans shall be submitted of in conjunction with any final development plan required by the Planning Commission. Such plans shall be first submitted to the Division of Environmental Services for its approval or disapproval of the landscape portion of the plan.
(a) Plan Content. All landscape plans shall be legible and of a size and scale not exceeding one (1) inch equals sixty (60) feet. A landscape plan shall include the following information at a minimum:
(1) A title block containing the plan, name, name and address of developer and plan preparer, written and graphic scale, date, and north arrow;
(2) The boundary of the subject property, its record plan designation (if available), and the record plan name or owner's name of all adjoining property;
(3) All existing landscaping, locations of all existing trees, labeled using common and botanical plant names, and canopy and DBH size, environmentally sensitive areas, and natural features;
(4) Proposed tree removal areas, including justification for removal and any mitigation measures to be taken;
(5) Topography with contour intervals not greater than five (5) feet;
(6) Location and arrangement of all existing and proposed buildings, structures, vehicular use areas (including driveways, service areas, parking areas and arrangement of spaces, point of ingress and egress, etc.) and pedestrian rights-of-way;
(7) Screening, landscaping and buffering, as required by this Article, recreational and other open space areas as required by Article 20;
(8) Location of blue-line or first-order streams and other water bodies, storm drainage areas, floodplains, conceptual drainage controls and stormwater retention and any other designated environmentally sensitive or geologic hazard area;
(9) A Tree Inventory Map (TIM) and an approved Tree Protection Plan (TPP) as required by Article 26;
(10) Site data table to include at a minimum:
a) Existing and proposed zone (if applicable);
b) Total site area in acres and square feet;
c) Total VUA in square feet;
d) Required and proposed VUA interior landscape area in square feet;
e) Required and proposed VUA interior trees;
f) VUA perimeter total length in linear feet;
g) Existing canopy coverage expresses in square feet and as a percentage of the property;
h) Required and proposed VUA perimeter trees;
i) Required and proposed VUA tree canopy in square feet and as a percentage;
j) Required and proposed total tree canopy in square feet; and
k) Total number of Group A, Group B, and Group C trees proposed to meet tree canopy area.
(11) Plant schedule:
a) A key matching the plant being specified (may be plant symbols or written);
b) Quantities of plants being specified;
c) Common plant and botanical plant names; and
d) Plant specifications including planting height, caliper, and spacing.
(12) Proposed limits of grading, cut and fill areas, equipment storage areas, retaining walls, proposed detention areas, lot locations and similar activities;
(13) All existing and proposed easement and location for utilities and other purposes shall be denoted clearly;
(14) Vegetation and Tree Protection Barriers (TPB);
(15) Applicable detail drawings, including but not limited to:
a) Tree protection barrier;
b) Plant installation to include trees, shrubs, perennials and ground covers; and
c) Details for specialized installations.
(16) All conditions of a Board of Adjustment or Planning Commission action shall be denoted;
(17) Typical notes:
a) Screening and landscaping shall be provided as required by Article 18 of the Zoning Ordinance.
b) All plant material shall be installed according to the planting specifications of the Planting Manual.
(b) Building Permit and Certificate of Occupancy. Where landscaping is required, no building permit shall be issued until the required landscaping plan has been submitted and approved; and no Certificate of Occupancy shall be issued until the landscaping is completed as certified by an on-site inspection by the Division of Environmental Services. If the required landscaping has not been completed and a Temporary Certificate of Occupancy is issued under Section 5-4
(a) of this Zoning Ordinance, a full cash bond shall be posted at that time. The amount of the bond shall be based upon the cost of the proper installation of the uninstalled landscape material shown in the submitted plan, with the cost certified by a landscape contractor. The amount of the bond shall also include an inflation factor and/or administrative contingency cost of no more than twenty-five percent (25%) of the base cost, as determined by the Division of Environmental Services, to complete the work in the event of the foreclosure of the bond.
(c) Posting of a Full Cash Bond. After a full cash bond has been posted, the landscaping material required in the approved landscaping plan shall be installed within three (3) months after the date of posting the full cash bond. A one-month extension of the planting period may be granted by the Division of Environmental Services upon a demonstration by the property owner or developer that such an extension is warranted because of adverse weather conditions or unavailability of required plant materials. No more than three (3) such one-month extensions may be granted. The full cash performance bond shall be called if the required landscaping has not been installed by the end of the approved planting period, and the Division of Environmental Services shall apply the proceeds of the bond to have the work completed.
Sec. 18-6. - Planting manual.
The Urban County Government Planting Manual, as revised, modified, or amended from time to time, is incorporated herein by reference provided that in the event of any conflict between the Manual and this Article the provisions of this article shall apply. Developers shall refer to the Planting Manual List, which is available at the offices of the Division of Planning and the Division of Environmental Services. Any materials that are not on the Plant Materials List, as defined within the Planting Manual, shall be considered on an individual basis to determine the suitability of the specific plant in the proposed location. A plant not on the Plant Materials List shall be permitted only upon the expressed approval of the Division of Environmental Services.
Sec. 18-7. - Variances.
Any landscape plan disapproved by the Division of Environmental Services, may be appealed within sixty (60) days of such action to the Board of Adjustment.
(a) Reviewing Variance Requests. The Division of Planning shall review the plan in consultation with the Division of Environmental Services, in its review of a variance request, shall base its recommendations on all of the following criteria:
(1) The requested variance arises from special circumstances which to do generally apply to land in the general vicinity or in the same zone.
(2) The strict application of the provisions of this Zoning Ordinance would deprive the applicant of a reasonable use of the land or would create unnecessary hardship on the applicant.
(3) Such special circumstances are not the result of actions of the applicant subsequent to the adoption or amendment of this Zoning Ordinance.
(4) Reasons that the variance will adversely affect the public health, safety and welfare, and will not alter the essential character of the general vicinity, and will not cause a hazard or a nuisance to the public.
Sec. 18-8. - Enforcement.
Violations of this Article 18 are subject to the penalty provisions in Section 5-8 and may be enforced through the issuance of a civil citation pursuant to Section 5-9.
(Code 1983, § 18-8; Ord. No. 11-2011 , § 2, 2-3-2011; Ord. No. 113-2022, § 12, 10-27-2022)