Louisville City Zoning Code
CHAPTER 1161
Screening, Landscaping and Fencing
1161.01 PURPOSE.
The intent of this Chapter is to promote the public health, safety and welfare of the community by establishing minimum standards and requirements for the maintenance of existing natural amenities, and the design and installation of landscape improvements. Landscaping is viewed as a critical element of the physical environment contributing to the quality of aesthetics, development quality, stability of property values, and the overall improved character of the City. This Chapter provides of a set of landscaping standards and requirements for use throughout the City and these regulations address materials, placement, layout, and timing of installation. The standards and requirements provided by this Chapter are intended to help achieve the following functional and environmental objectives:
(a) Promote the implementation of the Community Plan;
(b) Define, articulate, and integrate outdoor spaces, architectural elements, and various site elements.
(c) Promote compatibility between land uses by reducing negative physical, visual, auditory, and lighting impacts between adjacent land uses by requiring complementary landscape treatments and providing a transitional area adjacent to natural areas;
(d) Control soil erosion by slowing the effects of erosive winds and water;
(e) Provide reasonable standards to bring preexisting developed sites into compliance with the requirements contained herein;
(f) Recognize and preserve the aesthetic value of existing natural areas such as woodlands, wetlands and floodplains within and adjacent to a development site;
(g) Promote the reestablishment of vegetation in urban areas for aesthetic, health, and urban wildlife purposes;
(h) Reduce stormwater runoff, pollution, temperature, and rate and volume of flow;
(i) Establish and enhance the visual character of an area in a manner that provides pleasant aesthetics and addresses safety issues;
(j) Aid in energy conservation by providing shade from the sun and shelter from the wind; and
(k) Restore natural habitats through the reestablishment of native plants.
1161.02 APPLICABILITY.
With the exception of individually platted single-family and two-family dwellings, this Chapter shall apply to new development and any collective substantial expansion or improvements of existing structures involving:
(a) New platted subdivisions and planned unit developments;
(b) Any land dedicated for a park or public open space;
(d) Substantial improvements to existing land uses, but only to the extent of the alteration or expansion, and not for the entire property, unless the alteration or expansion is substantial. An alteration or expansion to an existing building or structure shall be deemed substantial based on the following criteria:
When Existing Structure is..... | A Substantial Expansion is........ |
0 - 1,000 sq. ft. | 50% or greater |
1,001 - 10,000 sq. ft. | 40% or greater |
10,001 - 25,000 sq. ft. | 30% or greater |
25,001 - 50,000 sq. ft. | 20% or greater |
50,001 sq. ft. and larger | 10% or greater |
1161.03 LANDSCAPING PLAN.
A separate detailed Landscaping Plan shall be submitted for any property to which this Chapter applies as part of the Site Plan or Development Plan review process. Specific requirements for this landscaping plan are as follows:
(a) Landscaping Plans shall show location, spacing, size, variety and other pertinent data concerning existing and proposed landscaping materials.
(b) The Landscaping Plan must be drawn at a reasonable scale to indicate all types of proposed landscape improvements, and shall include the following information:
(1) North arrow and scale
(2) Name of the applicant/owner
(3) Name, address and phone number of the person or firm responsible for the preparation of the Landscaping Plan (including registration number, if applicable)
(4) Dates on which the plan was submitted or revised
(5) All existing and proposed buildings and other structures, paved areas, planted areas, fencing, walls, water outlets, utility poles, fire hydrants, luminaires, underground utilities, signs, fences, dumpster locations and other permanent features to be added to or retained on the site;
(6) All existing plant material to be removed or retained and all proposed additions or changes to landscaping, buffering, and walkways, illustrating existing natural land features including, but not limited to: trees, forest cover, and water resources (Water resources include ponds, lakes, streams, wetlands, flood plains, and drainage ditches and retention areas, rivers, and any other body of water or waterway.
(7) A schedule of all new landscaping materials to be installed. The plant list shall include the common name, specified installation size, and on-center planting dimensions when applicable. When the list of plant material to be removed contains existing trees, the Landscaping Plan shall justify that building location and placement has been developed with due consideration given to minimizing removal of trees. Quantities of plant material required shall be referenced on the plan;
(8) Locations and dimensions of existing and/or proposed streets, sidewalks, curbs and gutters, railroad tracks, paths, walkways, bikeways, and/or other impervious surfaces, in addition to illustrating natural and man-made streetscaping such as paving materials, vegetative materials, and material and design of street furniture.
(9) Details shall be shown for the planting of trees, shrubs and ground cover within the Buffered or landscaped area.
(10) Proposed irrigation fixtures shall also be shown, including, but not limited to the location and type of all sprinkler heads, the size of mainline and irrigation piping, the location and size of water meters and all valves, and the location of back flow prevention devices and irrigation controllers.
(Ord. 09-20. Passed 6-22-09.)
(c) When new development, or the expansion of an existing structure, involves the construction of more than ten thousand (10,000) square feet of gross floor area of new building area, the Landscaping Plan shall be prepared by a certified landscape professional or a firm with certified staff.
(Ord. 09-43. Passed 8-31-09.)
(d) When new development, or the expansion of an existing structure, involves the construction of more than fifty thousand (50,000) square feet of gross floor area of new building area, all required landscaped areas must be irrigated, or otherwise be designed with plant material shown to be tolerant of participation patterns typically found in this region of Ohio.
1161.04 EXISTING VEGETATION.
(a) Existing landscaping or natural vegetation, as shown on a landscaping plan and that are in satisfactory condition, may be used to meet the standards and satisfy the requirements of this chapter in whole or in part, if protected and maintained during the construction phase of the development.
(b) Every development to which this chapter applies shall retain all existing trees eighteen (18) inches in diameter or more, unless during the site plan or development plan review process, it is determined by the Planning Commission that the retention of such trees would unreasonably burden the development.
1161.05 LANDSCAPING MATERIALS AND INSTALLATION STANDARDS.
All plant material shall conform to the latest version of the American standard for nursery stock (ANSI Z60.1). Plant material shall be of standard quality or better, true to name and type of their species or variety and be free of disease, insects, and or damage. Alternatives to these materials that can be shown to meet both the intent and requirements of this chapter may be approved as part of a landscaping plan. Plant material selection should include consideration of soil type and depth, the amount of maintenance required, spacing, exposure to sun and wind, the slope and contours of the site, and compatibility with existing native vegetation preserved on the site.
1161.06 VEGETATIVE AND EARTHEN LANDSCAPING STANDARDS.
The following items are suitable vegetation for screening use individually or in combination provided they create the desired density of screening, subject to review and approval by the City.
(a) Grass and Ground Cover: Grass shall be planted in species normally grown as permanent lawns. Grass species shall be selected to ensure slow growth and low water consumption whenever possible. Grass sod shall be clean and free of weeds and noxious pests or diseases. Ground cover shall be provided in two and one quarter (2.25) inch peat pots, and planted a minimum of eight (8) inches on center and shall be planted in such a manner to present a finished appearance and seventy-five (75) percent coverage after one (1) complete growing season. If approved as part of a Landscaping Plan, ground cover may also consist of rocks, pebbles, wood chips, and/or other natural material. Native plant material is preferred when possible.
(Ord. 09-20. Passed 6-22-09; Ord. 09-43. Passed 8-31-09.)
(b) Shrubs and Hedges. Shrubs and hedges shall be at least thirty-six (36) inches average in height and spread at the time of planting. Where required for buffering or screening, all shrubs and hedges shall be designed to provide a continuous, year-round, solid visual screen of the requisite level of opacity.
(c) Trees. Planting and maintaining a diverse urban forest is the goal of the tree program to prevent an over-dependence on a few species. The trees shall be species which are resistant to insects and disease and which do not cause interference with underground utilities or street lighting.
(1) Size: Trees to be planted shall be a minimum of one and three-quarters (1.75) inches to two (2) inches in diameter measured one (1) foot above ground level. Lowest branches should not be less than six (6) feet, nor higher than eight (8) feet above the ground. Deciduous trees shall be a minimum of two (2) inch diameter for canopy shade and shade trees and a minimum of one and one-half (1.5) inch diameter for small accent and ornamental trees (as measured six inches above ground). It is advised that a tree with an ultimate height of less than forty (40) feet be used. Evergreen trees shall be a minimum of four feet tall at installation.
(2) Diversity. Overuse of a few species is inevitable without a conscious effort to vary plant species and families. The use of several varieties adds interest to the plantings of the City and ensures against the loss of all trees in case of an epidemic disease or insect infestation striking any one species.
(3) Desirable Species: A list of species of trees encouraged for landscaping purposes is available from the City.
(d) Mounds. Mounds are preferable to walls or fencing as a means to buffer or screen views and noise. Mounds shall be constructed of earthen materials and shall conform to the following standards:
(1) The maximum side slope shall be three horizontal to one vertical (3:1) and the design shall ensure that proper erosion prevention and control practices have been utilized.
(2) Earth mounds shall be designed with variations in height and alignment throughout their length.
(3) Landscaped plant materials shall be arranged and installed on earth mounds in an irregular pattern to accentuate the variations in height and alignment and achieve a more natural appearance.
(4) Ground cover shall be used and maintained to prevent erosion of the earth mound.
1161.07 LANDSCAPING IN PARKING AREAS.
Landscaping within parking areas designed for use by the general public, or residents of a multifamily structure, is required to reduce the generation of heat and water runoff, and to visually interrupt the expanse of paved areas. The use of strategically placed islands or peninsulas is required in parking areas that are greater than 3,000 square feet in size (inclusive of drives and internal lanes). Each landscaped island or peninsula shall include at least one tree and shall be at least 150 square feet in size. The amount of area dedicated to interior parking lot landscaping shall be in accordance with the following:
Area of Vehicular Use Area (square feet) | Minimum Interior Landscaped Area |
3,000 - 4,500 | 5% of vehicular use area |
4,501 - 30,000 | 7.5% of vehicular use area |
More than 30,000 | 10% of vehicular use area |
Such landscaped area shall include, as a minimum, a ten (10) foot wide landscaped strip between the parking area and street right-of-way.
(Ord. 10-60. Passed 11-1-10.)
1161.08 LANDSCAPING VEHICLE SALES AND STORAGE LOTS.
Areas designed to serve as parking for automobiles or other vehicles for sale or rent, or areas that serve as places to park recreational vehicles or mobile homes are not required to have landscaped islands or peninsulas, but shall be screened with hedges and landscaped materials along the side and rear lot lines as defined in Section 1161.06. The Planning Commission may require additional plant material and/or landscape treatments when such parking area abuts land used for residential purposes.
1161.09 SCREENING DUMPSTERS AND SERVICE STRUCTURES.
(a) Service structures, including, but not be limited to, loading docks, propane tanks, dumpsters, electrical transformers, and other equipment or elements providing service to a building or a site, shall be screened in all zoning districts.
(b) Required screening shall include a continuous planting, hedge, fence, wall, or similar screening feature that will enclose any service structure on all sides, unless such structure must be frequently moved, in which case screening on all but one side is required.
(c) Screening established with plant materials shall provide seventy-five (75) percent opacity within two (2) years of planting. All other types of screening shall completely screen service structures.
(d) The minimum height of the screening material shall be one (1) foot more than the height of the enclosed structure (within two (2) years of planting) but shall not be required to exceed ten (10) feet in height.
(e) Whenever a service structure is located next to a building wall, perimeter landscaping material, or off-street parking area, such landscaping or buffering materials may fulfill the screening requirement for that side of the service structure if that landscaping or buffering material is of an average height sufficient to meet the height requirement set out in this district.
(f) Whenever screening material is placed around any trash disposal unit or waste collection unit that is emptied or removed mechanically on a regular basis, a barrier shall be provided which will prevent damage to the screening when the container is moved or emptied.
1161.10 TRANSITION BUFFERS.
Transition buffers between incompatible land uses may be required as a means to minimize adverse land use impacts. Transition buffers shall be designed to provide at least seventy-five (75) percent opacity within 5 years of planting and must include a variety of plant material, including ground cover, bushes, deciduous trees and evergreen trees. Mounding and other landscape treatments such as split rail fences and landscape, boulders, may also be included to add visual interest.
1161.11 FENCE PERMITS; INSPECTION.
No person, firm or corporation shall erect a fence without a permit. Installation or erection of a fence shall not commence before a permit is issued. Hedges shall be exempt from permits, but shall comply with all other requirements of this chapter.
1161.12 GENERAL REQUIREMENTS FOR FENCES.
(a) No barbed wire fences permitted. This does not prevent placing several strands of barbed wire on top of a security fence having a height of six feet or greater.
(b) No electric fences permitted.
(c) No fence shall be located closer than two feet to any street right-of-way.
(d) Fences in front yards shall not exceed three feet in height.
(e) Fences in side and rear yards shall not exceed six feet in height.
(f) Fences shall be offset a minimum of two feet from property lines, unless the owner has written consent from adjoining property owners, stating that they agree to a fence on the property line. Both owners are responsible for the maintenance of a property line fence.
(g) Fences for recreational facilities shall have a height not to exceed 12 feet.
(h) Fences shall be properly maintained, including painting, mowing and weeding.