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Lowell City Zoning Code

DIVISION 8

GENERAL STANDARDS

Sec. 16-254. - Off-street parking and loading.

(a)

Applicability. Off-street parking and loading shall be provided in accordance with the regulations of this section for all new development, and for any existing development that is altered in a way that enlarges or increases capacity by adding or creating dwelling units, guest rooms, floor area or seats.

(b)

Minimum parking and loading requirements. Required off-street parking and loading spaces will be determined during the planning approval process for each development.

SCHEDULE A: OFF-STREET PARKING SCHEDULE
USE NUMBER OF PARKING SPACES REQUIRED
Multifamily 1.25 per dwelling unit

 

(c)

Americans with Disabilities Act (ADA) requirements. Parking lots shall provide ADA accessible parking pursuant to federal ADA standards. Parking stalls designated as ADA accessible shall be designed and located in compliance with all applicable ADA standards. Number of ADA spaces required shall be based on the federal standards governing minimum ADA parking requirements for the total number of parking stalls approved during the planning process. Responsibility for ADA compliance shall rest with the applicant in all respects.

(d)

Location and design of parking and loading spaces.

(1)

On-site. Except as otherwise specifically provided, required off-street parking and loading spaces shall be located on the same lot as the principal use.

(2)

Right-of-way. Off-street parking spaces shall be prohibited within the public right-of-way; and no portion of the abutting street right-of-way shall, except for the driveway, be paved or used in any manner except as green area.

(3)

Setbacks.

a.

In all residential zoning districts, required off-street parking shall not be located within a street (front or street side) setback. Parking in excess of the required number of spaces is allowed in the street setback, but not off the driveway, and not in a manner that obstructs sidewalks or visibility.

b.

Where parking is to be provided in the street setback of a multifamily dwelling, there shall be established a parking setback line of ten feet. The area between the parking setback line and the front lot line shall be prepared and planted with grass, shrubs, trees, or ground cover not inconsistent with other landscaping provisions contained herein, and protected by interior curbing.

(4)

Ingress and egress. Off-street parking and loading spaces shall be designed to permit exiting vehicles to enter the public right-of-way in a forward motion. No off-street parking or loading space shall be allowed that requires vehicles to "back" onto a public right-of-way, except single-family and duplex residential development on local and collector streets.

(5)

Surfacing. All required off-street parking and loading spaces, and the driveways serving off-street parking and loading spaces, shall be paved with asphalt, concrete, or brick; provided driveways serving single-family dwellings shall only be required to be paved the first 100 feet, as measured from the street. The area of a driveway located between the edge of the street and the property line shall also be paved.

(6)

Drainage. All off-street parking and loading areas shall be designed with drainage facilities adequate to dispose of all stormwater, and to not increase the stormwater runoff onto the surface of adjoining properties or streets.

(7)

Curbing. The perimeter of all off-street parking and loading areas and their access drives shall be curbed, with the exception of single-family and duplex residences or where low impact design strategies are utilized. Structures, landscape islands, and other interior features within parking lots shall be protected from vehicular encroachment by curbs, raised walkways, and/or other approved means. The area between the curb and the property line, except for the driveways and sidewalks, shall be maintained as green space.

(8)

Striping. All off-street parking, other than in single-family residential, shall be striped. Fire lanes shall be marked according to required fire safety laws.

(9)

Parking space dimensions. Off-street parking spaces shall contain a minimum width of nine feet and a minimum length of 19 feet.

(10)

Loading space dimensions. Off-street loading spaces shall be at least 14 feet by 45 feet in size, with a minimum height clearance of 18 feet.

(11)

Aisle dimensions. Drive aisles within off-street parking lots shall comply with the following minimum width requirements:

Parking Angle One-Way Aisle Two-Way Aisle
90° 24' 24'
60° 18' 24'
45° 16' 24'
30° 13' 24'

 

(12)

Timing of construction. All required parking and loading spaces, driving aisles, and accessways shall be constructed prior to the issuance of a certificate of occupancy.

(13)

Use of parking and loading spaces. Required off-street parking spaces shall be used solely for the parking of motor vehicles in operating condition and shall not be used for the storage of vehicles, boats, motor homes, campers, mobile homes, materials, tractor trailers or other temporary storage unless they are located in a designated staging area and are screened, fenced or otherwise fully shielded from public view.

(e)

Off-site parking. Required off-street parking shall be located on the same lot as the use it is intended to serve; provided that a portion, not to exceed 25 percent, of the required off-street parking spaces may be located on a remote and separate lot from the lot on which the principal use is located, if the off-site parking complies with the following standards:

(1)

Ineligible activities. Off-site parking shall not be used to satisfy the off-street parking standards for residential uses, restaurants, convenience stores, or other convenience-oriented uses.

(2)

Location. Off-site parking spaces shall be located no further than 300 feet from the building and uses they are intended to serve unless shuttle service is provided.

(3)

Zoning classification. Off-site parking areas shall require the same or a more intensive zoning classification than that required for the use served.

(4)

Agreement for off-site parking. In the event that an off-site parking area is not under the same ownership as the principal use served, a written agreement shall be required. An attested copy of the agreement between the owners of record shall be submitted to the zoning official for recording. In addition, whether under the same ownership or not, a legal document to prevent development of the off-site parking area shall be executed and recorded. Recording of the agreement shall take place before issuance of a building permit for any use to be served by the off-site parking area; or in the case of an existing building, prior to issuance of a certificate of occupancy.

(f)

Shared parking. The planning commission may authorize a reduction in the number of required parking spaces for multiple use developments, and for uses that are located near one another that have different peak parking demands and operating hours. Shared parking shall be subject to the following standards:

(1)

Location. Shared off-street parking spaces shall be located no further than 300 feet from the building and uses they are intended to serve unless shuttle service is provided.

(2)

Study. An acceptable parking study may be required which clearly establishes that uses will make use of the shared spaces at different times of the day, week, month, or year.

(3)

Agreement. A shared parking plan shall be enforced through written agreement. Proof of recording of the agreement shall be presented prior to issuance of a building permit.

(4)

Revocation of certificate of occupancy. Failure to comply with the shared parking provisions of this article shall constitute a violation of these regulations, and shall specifically be cause for revocation of a certificate of occupancy.

(g)

Outdoor parking for storage of boats, trailers, and recreational vehicles. Boats, trailers and/or recreational vehicles may be parked outdoors on a lot in a residential district provided that:

(1)

The boat, trailer or recreational vehicle is owned and used by a resident of the premises;

(2)

The boat, trailer and/or recreational vehicles must not be parked on the street;

(3)

The boat, trailer or recreational vehicle is not parked in the area between the front of the residence and the street or other area between the structure and the street, except for the purpose of loading or unloading during a period of less than eight hours;

(4)

The boat, trailer or recreational vehicle is not used for living, sleeping or housekeeping purposes, except in temporary circumstances not to exceed two weeks;

(5)

The boat, trailer or recreational vehicle is currently registered and licensed, as required by state law; and

(6)

Screening is required on the side lot line of the property in view of the parked boat, trailer or RV. Trees or shrubs of a minimum eight feet high shall extend out to the front setback line.

(h)

Commercial vehicles in residential districts. No parking of common carriers, trucks, tractors, trailers, construction vehicles, and/or other commercial vehicles with a capacity of one and a half tons or larges shall be permitted to park within a residential district.

(i)

Vehicle stack space for drive-thru facilities. In addition to meeting the off-street parking requirements of this section, establishments with drive-thru facilities shall comply with the following minimum vehicle stack space standards:

(1)

Stack space schedule.

a.

Fast-food restaurants, 110 feet, as measured from the order station.

b.

Banks, 70 feet, as measured from the teller drop.

c.

Automatic car washes, 50 feet, as measured from the entrance.

d.

Other uses, 30 feet, as measured from the pickup window.

(2)

Design and layout. Vehicle stack spaces shall be subject to the following design and layout standards:

a.

Stack spaces shall be designed so as not to impede pedestrian access to the building, on and off-site traffic movements, or movements into or out of parking spaces.

b.

Stack space lanes shall be a minimum of eight feet wide, and shall be separated from other internal driveways with painted lines or curbing.

(Ord. No. 754, § 8-201, 7-6-2006; Ord. No. 1068, § 1, 12-15-2020; Ord. No. 1102, § 1(Exh. A), 4-19-2022; Ord. No. 1137, § 1(Exh. A), 3-19-2024)

Sec. 16-255. - Access management standards.

This section is intended to define and implement access management standards for all streets within the City of Lowell in accordance with the city master street plan, comprehensive growth plan, and the future land use plan. In addition, this section conforms with policies and objectives of the NWARPC metropolitan planning organization's long-range transportation plan, the authority to control access to property as derived from state statutes, the policy and planning directives of the Federal Intermodal Surface Transportation Efficiency Act of 1991, and the Transportation Equity Act for the 21st Century.

These regulations apply to all new development and construction:

(a)

Curb cuts.

1.

City approval. Property owners desiring curb cuts on any city street or state highway and transportation department (AHTD) highway, not associated with an approved large-scale development plan or subdivision, must obtain a letter of approval from the department of community development or Arkansas State Highway and Transportation Department prior to installation of said curb cut/driveway.

2.

Width and throat length. Ingress/egress opening in concrete, asphalt, rock or other street curbing, commonly referred to as "curb cuts," shall be not less than 70 feet nor more than 100 feet in width (including radii) for nonresidential uses unless approved by the department of community development. Minimum required throat length shall be 40 feet.

3.

Distance from intersections. Curb cuts or access points shall be no closer than 100 feet measured from the right-of-way intersecting collector streets to the centerline of the drive, and no closer than 250 feet measured from the right-of-way of an intersection involving an arterial street to the centerline of the drive.

4.

Offset. Either the centerline of opposing nonresidential driveways shall align, or shall be offset no less than 75 feet. This condition shall not apply where a permanent median exists without break for these driveways.

5.

Number of curb cuts permitted. Unless otherwise specified by this section, the maximum number of curb cuts for each property shall be determined by length of road frontage and the maximum speed limit of the road (as determined by the city master street plan).

NUMBER OF CURB CUTS
Length of Street Frontage Maximum Number of Curb Cuts*
600 feet or less 1
601—1,500 feet 2
More than 1,500 feet 3
* Where lots me contiguous, a common ingress/egress drive is encouraged to minimize curb cuts and better facilitate traffic.

 

6.

Distance between curb cuts.

Travel Speed Permitted Minimum Distance Between Curb Cuts
30 mph 100 feet
35 mph 150 feet
40 mph 200 feet
45 mph 250 feet
50 mph 300 feet
55 mph 350 feet

 

7.

Curb radius. To ensure safe turn movements, turning radii for commercial drive curb cuts should be at least 30 feet for curb cuts along streets designated as arterial or collector by the city master street plan. Local street curb radii shall be a minimum of 15 feet. Exceptions may be granted through a waiver from the planning commission for shorter radii in the downtown area and for larger radii needed where there may be a need to accommodate truck traffic.

8.

Barriers. Entrance/exit and parking design landscaping, curbing, or other approved barriers shall be provided along boundaries to control entrance and exit of vehicles or pedestrians. All parking facilities, except those serving single-family detached and two-family dwellings shall be designed so that all existing movements onto a public street are in a forward motion.

9.

Right turn only. Right turn only site plans for all commercial development and multifamily dwellings on arterial streets will be required to have exit points that are designated right turn only exiting movements onto a public street.

10.

Acceleration and deceleration lanes. Site plans for all commercial development, residential subdivisions, and multifamily dwellings on collector and arterial streets will be analyzed by the director of the department of community development or his or her designee for critical traffic conditions for both the initial opening and full development of the site. AHTD deceleration lanes are required for single and combined uses that generate driveway volumes (trip ends) of 300 or more vehicles in the peak hour, as determined using standard Institute of Transportation Engineers (ITE) trip generation rates for the subject land use(s). Additional development requiring a building permit, which would generate driveway volumes (trip ends) of 300 or more vehicles in the peak hour, shall require the installation of an AHTD-approved deceleration lane. Four hundred fee minimum spacing between drives, measured centerline to centerline or from the right-of-way intersecting lines of public streets to the centerline of a curb cut, is required when deceleration lanes designed in accordance with AHTD are required.

(b)

Joint and cross access.

1.

Major traffic generators. Adjacent commercial or office properties classified as major traffic generators (i.e., shopping plazas, office parks), shall provide a cross access drive and pedestrian access to allow circulation between sites. Major traffic generators are defined as all restaurants and any other commercial development with a total area under roof of 5,000 square feet or greater.

2.

Techniques. A system of joint use driveways and cross access easements shall be established wherever feasible in commercial zoning districts along streets designated as arterial or collector on the city master street plan, and the building site shall incorporate the following:

a.

A continuous service drive or cross access corridor extending the entire length of each property served to provide for driveway separation consistent with the curb cut standards;

b.

A design speed of ten mph and sufficient width to accommodate two-way travel aisles designed to accommodate automobiles, service vehicles, and loading vehicles;

c.

Stub-outs and other design features to make it visually obvious that the abutting properties may be tied in to provide cross access via a service drive; and

d.

A unified access and circulation system plan that includes coordinated or shared parking areas is encouraged wherever feasible.

3.

Shared parking. Shared parking areas shall be permitted to reduce required parking.

4.

Documentation. Pursuant to this section, property owners shall record the following:

a.

Access easement. Record an easement with the deed allowlng cross access to and from other properties served by the joint-use driveways and cross access or service drive.

b.

Access agreement. Record an agreement with the deed that remaining access rights along the thoroughfare will be dedicated to the city and preexisting driveways will be closed and eliminated after construction of the joint-use driveway.

c.

Maintenance agreement. Record a joint maintenance agreement with the deed defining maintenance responsibilities of property owners.

5.

Reduction in separation distance. The city planning commission may reduce required separation distance of access points where they prove impractical, provided all of the following requirements are met:

a.

Joint access driveways and cross access easements are provided wherever feasible in accordance with this section;

b.

The site plan incorporates a unified access and circulation system in accordance with this section; and

c.

The property owner shall enter a written agreement with the city, recorded with the deed, that preexisting connections on the site will be closed and eliminated after construction of each side of the joint-use driveway.

(c)

Waivers. The city planning commission may modify or waive the requirements of this section where the characteristics or layout of abutting properties would make development of a unified or shared access and circulation system impractical.

(d)

Nonconforming access features.

1.

Existing. Permitted access connections in place as of the date of the adoption of this section that do not conform with the standards herein shall be designated as nonconforming features and shall be brought into compliance with applicable standards when one of the following conditions occurs:

a.

New access connection permits are requested;

b.

Substantial enlargements or improvements are made;

c.

As roadway improvements allow; or

d.

Significant change in trip generation.

2.

Discontinued use. If the principal activity on a property with nonconforming access features is discontinued for a consecutive period of 180 days then that property must thereafter be brought into conformity with all applicable connection spacing and design requirements, unless otherwise exempted by the city planning commission. For uses that are vacant or discontinued upon the effective date of the ordinance from which this section is derived, the 180-day period begins on the effective date of the ordinance from which this section is derived.

(Ord. No. 754, § 8-202, 7-6-2006; Ord. No. 1080, § 1(Exh. A), 5-18-2021)

Sec. 16-256. - Landscaping and screening.

(a)

Purpose. The purpose of this section is to ensure a minimum of open space and green area as an integral part of new development and to protect the health and welfare of citizens through the regulation of landscaping.

(b)

Goals and objectives. The goals and objectives of this section are as follows:

(1)

To save trees on public property from indiscriminate destruction or unnecessary removal.

(2)

To moderate the effects of sun, wind, and temperature changes.

(3)

To filter pollutants from the air and release oxygen.

(4)

To stabilize and prevent erosion.

(5)

To preserve desirable trees.

(c)

Applicability. The requirements of this section shall apply to all public, private and institutional developments, approved after the date this chapter is adopted with the following exceptions:

(1)

Previously approved developments which have been given a permit to begin building construction.

(2)

Additions to existing structures that are under ten percent of the gross floor area of the building or 2,500 square feet, whichever is less.

(d)

Submittal. All landscape plans shall be prepared by a licensed landscape architect. Final plans shall be stamped and signed by the landscape architect. The following information is required on landscape plans:

(1)

Location, general type, and quality of existing vegetation, including specimen trees;

(2)

Existing vegetation to be saved;

(3)

Methods and details for protecting existing vegetation during construction and approved sediment control plan, if available;

(4)

Locations and labels for all proposed plants;

(5)

Plant lists or schedules with the botanical and common names, quantity, spacing and size of all proposed landscape material at the time of planting;

(6)

Location and description of other landscape improvements such as earth berms, walls, fences, screens, sculptures, fountains, street furniture, lights, and courts or paved areas;

(7)

City of Lowell's standard planting and installation details to ensure conformance with all required standards; and

(8)

Guarantee from the developer that all plant materials will be warranted for a period of 24 months from the time of installation. If any of the material should fail to survive during that period, it would be replaced during the appropriate planting season.

(e)

Street frontage, interior, and perimeter. Each development is required to address all three areas in the landscaping plan as it pertains to the particular site. The landscaping plan must include plantings and green space along all street rights-of-way, between lots with adjacent parking lots and also within the interior of the parking areas as the requirements apply to the individual site. The applicant has the following options for the site. Plans submitted by the applicant must provide the following:

(1)

Landscaped street frontage buffer.

a.

The landscaped street buffer serves two primary purposes:

1.

When a parking lot is located adjacent to a public right-of-way, a strip of landscaping helps shield projecting headlights that may impair the vision of passing motorists or pedestrians therefore creating a safer environment;

2.

It also provides an aesthetically pleasing transition from the public right-of-way to private property.

b.

The site plan for any development, other than those exempt or covered by the overlay district requirements must show a ten-foot-wide landscaped street buffer along all public rights-of-way.

c.

One street tree is required for every 50 linear feet of street frontage. Grouping of trees for a naturalistic effect is encouraged and preferred over a linear, evenly spaced row of trees.

(2)

Interior parking lot landscaping requirements.

a.

The parking lot landscaping requirement serves several purposes:

1.

It provides necessary green space to give relief to expansive parking areas with nothing but asphalt; and

2.

The trees provide shade and serve as windbreaks. Planting islands can assist with vehicular circulation.

b.

The site plan for any development must show interior parking lot landscaping to consist of vegetated parking islands. One parking island is required for every 15 parking spaces. If after dividing the total number of stalls by 15, 12 or more spaces are left as a remainder, an additional parking island is required.

c.

The total area of parking lot is calculated based on the square footage of all areas within the parking lot's perimeter, including curbing, parking spaces, all interior drive aisles bordered by parking spaces on either side, all interior islands and islands that intrude into parking, and corner island formed by perpendicular parking bays. No landscaped areas outside the parking lot (including required street frontage and perimeter buffers) may be used to meet the interior planting requirement. The total amount of green space for the interior lot is determined by figuring eight percent, or 15 percent of the total parking lot area as explained above.

d.

Planting islands are required as a part of the green space percentage in the interior parking lot area. The dimensions of a parking island must be a minimum of 18 feet by 19 feet measured from face of curb to face of curb, or an equivalent square footage if the island is irregularly shaped. One parking island is required for every 15 parking spaces determined for that use group from the minimum parking standard identified in the use unit section of the zoning ordinance. If 13 or more spaces remain, an additional parking island is required. The parking islands must be evenly spaced among the parking spaces in the lot and serve as vehicular delineators whenever possible. All parking islands must be protected from vehicular encroachment by curbing or by other approved means if utilizing low impact design strategies. In parking lots over 150,000 square feet, the number of parking islands can be reduced but the total square footage of green space must remain according to the requirements.

e.

Trees are required to be planted in the interior parking area to offer shading from the heat and sun. One tree for every 15 parking spaces is required. If after dividing the total number of stalls by 15, 12 or more spaces are left as a remainder, an additional tree is required. These trees must be planted within the island and a four-foot clearance should be left for car doors to open from adjacent parking spaces.

f.

Plant materials at vehicular entrances should be located so as to maintain safe sight distances and protect from vehicular lubricants or fuels.

(3)

Perimeter landscaping other than street frontage. Perimeter landscaping requirements define parking areas and prevent two adjacent lots from becoming one large expanse of paving. At minimum, a ten-foot landscaped strip is required along the side and rear lot lines of a development with one tree per 25 linear feet required along lot lines. Grouping of trees for a naturalistic effect is encouraged and preferred over a linear, evenly spaced row of trees.

a.

The perimeter landscaping requirement does not preclude the need for vehicular access to be provided between lots.

b.

The ten-foot perimeter strip is required for each development regardless if one is already in place from an adjacent, developed lot.

c.

No pavement may extend within five feet of the property line on any lot unless it is included with an ingress/egress location.

d.

Perimeter screening may be required in accordance with subsection 16-256(m).

(f)

Landscape installation. Standards have been established for installation of all plant materials within the city. These requirements must be followed in order to receive approval of the site work and certificate of occupancy. The planning director or designee has the authority to deny the issuance of a final occupancy permit until landscaping is installed according to the requirements of this article and to the satisfaction of the site inspector or to cause a method of assurance as outlined in section 16-312(b)(2).

(g)

Minimum tree and shrub planting requirements.

(1)

Trees shall not be placed where they interfere with site drainage or where they shall require frequent pruning in order to avoid interference with power lines. A minimum of 70 percent of all required trees shall be shade trees.

(2)

Immediately upon planting, trees shall be a minimum of eight feet tall and shall have a minimum caliper (widest width of trunk) of two and one-half inches. Mulch should be placed around the base of newly planted trees according to city specifications, to avoid erosion and protect the base of the tree.

(3)

When more than six trees are to be planted to meet the requirements of this article, a mix of species shall be provided. The number of species to be planted shall vary according to the overall number of trees required to be planted, but one new tree species shall be planted for every six trees required, up to 12 species. The minimum number of species to be planted is listed in the table in this subsection. Species shall be planted in proportion to the required mix. This species mix shall not apply to areas of vegetation required to be preserved by law.

Required Species Mix
Req'd # of Trees Min. # of Species Req'd # of Trees Min. # of Species
1—6 1 37—42 7
7—12 2 43—48 8
13—18 3 49—54 9
19—24 4 55—60 10
25—30 5 61—66 11
31—36 6 67+ 12

 

(4)

Hedges, where required, shall be at least 24 inches in height immediately upon planting. Spacing shall be according to the selected plant's mature spread, but shall create a continuous visual screen within three years of planting. Hedge plantings shall be maintained so as not to exceed a height of six feet.

(5)

Shrubs, where used or required, shall be container-grown nursery stock in a #3 container (minimum) and shall meet the height and spread requirements for its category as established in the most recent version of the American Standards for Nursery Stock.

(6)

Perennials, where used or required, may be sized in #1 or #2 containers according to the most recent version of the American Standards for Nursery Stock.

(h)

Preservation of existing trees.

(1)

Every reasonable effort should be made to preserve existing tree canopy on site, using means and methods established using the City of Lowell's standard tree preservation detail.

(2)

Each preserved tree with a minimum 24-inch DBH can be counted toward the new tree requirement and is equivalent to five new trees.

(i)

Additional landscape treatment.

(1)

All interior landscaped areas not dedicated to trees or to preservation of existing vegetation shall be landscaped with grass, ground cover, shrubs, or other appropriate landscape treatment. Gravel or other pavement shall not be considered appropriate landscape treatment.

(2)

Safe sight distances at intersections and points of access must be maintained.

(3)

Where landscape areas are not curbed, all landscape areas at the front line of off-street parking spaces shall be protected from encroachment or intrusion of vehicles through the use of wheel stops. Wheel stops shall have a minimum height of six inches above finished grade of the parking area. Wheel stops shall be properly anchored and shall be continuously maintained in good condition by the property owner. Wheel stops shall not be placed in locations of anticipated pedestrian traffic.

(4)

Trees and other vegetation shall be planted in soil and climatic conditions which are appropriate for their growth habits. Plants used in the landscape design shall to the greatest extent:

a.

Be appropriate to the conditions in which they are to be planted;

b.

Have non-invasive growth habits;

c.

Encourage low maintenance, high-quality design; and

d.

Be otherwise consistent with the intent of this section.

(5)

Replacement requirements for vegetation that is required to be planted or preserved by this chapter shall be replaced with equivalent vegetation if it is not living within 24 months of installation. Preserved trees for which credit was awarded but which subsequently die, shall be replaced by the requisite number of living trees according to the standards set forth in this article.

(6)

Irrigation systems or plans for irrigation should be shown on the preliminary plat and must be approved by the planning commission. In general, installed irrigation systems will be required when new trees, shrubs or hedges are required.

(j)

Enforcement and maintenance. The planning director or designee has the authority to deny the issuance of a final occupancy permit until landscaping is installed according to the requirements of this article and to the satisfaction of the site inspector or to cause a method of assurance as outlined in section 16-312(b)(2). Once approved, the applicant is required to guarantee the plants for 24 months or they must be replaced by the owner. The property owner will maintain all trees and vegetation.

(k)

Alternative methods of compliance.

(1)

An application for alternative landscaping schemes is justified only when one or more of the following conditions apply:

a.

The sites involve space limitation or unusually shaped parcels.

b.

Topography, soil, vegetation, or other site conditions are such that full compliance is impossible or impractical.

c.

Due to a change of use of an existing site, the required buffer yard is larger than can be provided.

d.

Safety considerations require a change.

(2)

The applicant shall describe in a letter to the planning department which of the requirements set forth in the manual will be met with modifications which project conditions justify using alternatives, and how the proposed measures equal or exceed normal compliance.

(l)

List of recommended trees and shrubs.

(1)

The planning office will maintain a list of recommended and prohibited plant species for use in administering and enforcing the regulations of this chapter. The list is by no means comprehensive and is intended merely to suggest the types of flora which would be appropriate and preferred for screening and shading purposes. Plants are selected for inclusion on these lists according to four principal criteria:

a.

General suitability for the climate and soil conditions for this area;

b.

Ease of maintenance;

c.

Tolerance of city conditions (i.e., power lines, street locations, visual requirements, etc.);

d.

Availability from area nurseries.

(2)

When selecting new plantings for a particular site, a developer should first consider the type of plants which are thriving on or near that site. However, if an introduced species has been proven highly effective for screening or shading in this area, it too may be proper selection.

(m)

Perimeter screening.

(1)

Shield against external effects and negative impacts. Proposed developments shall provide perimeter screening along the site boundary when the proposed development creates an adverse effect on neighboring properties or when the proposed development will be negatively impacted by existing conditions adjacent to the development site. Adverse effects and negative impacts may include, but are not limited to, excessive light, noise, and traffic.

(2)

Incompatible land uses. Proposed development shall provide perimeter screening between incompatible land uses according to the table below, with the following limitations:

a.

Screening between land uses shall not be required in the interior of a mixed-use large-scale development;

b.

Where incompatible land uses are proposed as part of a platted development, screening shall be required when the lot is development and not as a requirement of the platting process.

Table of Screening Between Incompatible Uses
Single-Family Duplex Multifamily Commercial Industrial
Single-family None Broken Semi-Opaque Opaque Opaque
Duplex/Townhouse Broken None Broken Opaque Opaque
Multifamily Semi-Opaque Broken None Semi-Opaque Opaque
Commercial Opaque Opaque Semi-Opaque None Broken
Industrial Opaque Opaque Opaque Broken None

 

(3)

Description of screens. The following three basic types of screen are hereby established and are used as the basis for the table of screening requirements set forth in this subsection (l):

a.

Opaque screen. A screen that is opaque from the ground to a height of at least six feet, with intermittent visual obstructions from the opaque portion to a height of at least 20 feet. An opaque screen is intended to exclude all visual contact between uses and to create a strong impression of spatial separation. The opaque screen may be composed of landscaped earth berm, planted vegetation, or existing vegetation. Compliance of planted vegetative screens or natural vegetation will be judged on the basis of the average mature height and density of foliage of the subject species, or field observation of existing vegetation. The opaque portion of the screen must be opaque in all seasons of the year. At maturity, the portion of intermittent visual obstructions should not contain any completely unobstructed openings more than ten feet wide. The portion of intermittent visual obstructions may contain deciduous plants.

b.

Semi-opaque screen. A screen that is opaque from the ground to a height of three feet, with intermittent visual obstruction from above the opaque portion to a height of at least 20 feet. The semi-opaque screen is intended to partially block visual contact between uses and to create a strong impression of the separation of spaces. The semi-opaque screen may be composed of a landscaped earth berm, planted vegetation, or existing vegetation. Compliance of planted vegetative screens or natural vegetation will be judged on the basis of the average mature height and density of foliage of the subject species, or field observation of existing vegetation. At maturity, the portion of intermittent visual obstructions should not contain any completely unobstructed openings more than ten feet wide. The zone of intermittent visual obstruction may contain deciduous plants.

c.

Broken screen. A screen composed of intermittent visual obstructions from the ground to a height of at least 20 feet. The broken screen is intended to create the impression of a separation of spaces without necessarily eliminating visual contact between the spaces. It may be composed of a landscaped earth berm, planted vegetation, or existing vegetation. The screen may contain deciduous plants.

(Ord. No. 754, § 8-203, 7-6-2006; Ord. No. 1068, § 1, 12-15-2020; Ord. No. 1122, § 1, 5-16-2023)

Sec. 16-257. - Corner visibility.

On corner lots at intersecting two-way streets, nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede vision between a height of two feet and eight feet above curb grade within the triangular area formed by an imaginary line that follows street side property lines, and a line connecting them, 25 feet from their point of intersection. This sight triangle standard may be increased by the city in those instances deemed necessary for promoting traffic safety, and may be lessened at intersections involving one-way streets.

(Ord. No. 754, § 8-204, 7-6-2006)

Sec. 16-258. - Fences.

Except as otherwise specifically provided in other codes and regulations, the following regulations shall apply to the construction of all fences:

(1)

Maximum height. Fences shall not exceed eight feet in height, unless approved by the planning commission. Fencing in the industrial and commercial districts, and around tennis courts and other recreational amenities, shall be exempt from this height limit.

(2)

Corner visibility. Fences shall comply with the corner visibility standards of section 16-257.

(3)

Construction/materials. Fences in all residential zoning districts shall be constructed so that the horizontal and vertical support posts are inside the fenced area or hidden from view of those outside the fenced area, except in the case of decorative columns or posts. This requirement shall not apply to fences that abut nonresidential zoning districts or in situations where the owner of the lot adjacent to the fence agrees to a plan for placing support posts on the "outside" of the fence. All exposed steel, except galvanized metal, shall have a color finish coat applied to them and be preserved against rust and corrosion.

(4)

Design and maintenance. All fences shall be maintained in their original upright condition. Fences designed to be painted or have other surface finishes shall be maintained in their original condition as designed. Missing boards, pickets, or posts shall be replaced in a timely manner with material of the same type and quality.

(5)

Barbed and electrified types prohibited. Barbed wire and electrified fences shall be prohibited on all lots of less than two acres in area.

(6)

Common subdivision. Fences within a common subdivision placed along arterial or collector streets shall be coordinated by the developer so that they will be constructed with the same height, spacing pattern, colors and materials.

(Ord. No. 754, § 8-206, 7-6-2006; Ord. No. 1068, § 1, 12-15-2020)

Sec. 16-259. - Sidewalks.

(a)

Required. Sidewalks shall be required for all developments in accordance with the master street plan and land use plan.

(b)

Construction standards. Sidewalks shall be constructed in accordance with all applicable city standards and specifications, and with all applicable ADA (Americans with Disabilities Act) requirements. Sidewalks shall have a minimum width of five feet. Sidewalks shall be detached and set back at least six feet from the back of curb or edge of pavement without curb. This specification shall be the city's standard requirement. Exceptions may be made through site plan approval. When a sidewalk is approved within six feet of the back of curb or edge of pavement, the sidewalk shall have a minimum width of six feet.

(c)

Timing of installation. Required sidewalks shall be installed prior to occupancy of any structure on that lot or parcel. Sidewalks along sections of green space or common property or easements that will not have a structure shall be installed along with the required street improvements.

(Ord. No. 754, § 8-207, 7-6-2006; Ord. No. 1153, § 1(Exh. A), 1-21-2025)

Sec. 16-260. - Drainage and stormwater management.

Adequate provisions for drainage of surface water and stormwater management shall be made for all development and redevelopment. Plans for such, including grading plans, for all commercial and industrial development, and all multifamily developments that contain five units or more, shall be submitted and considered as part of the large scale development approval process. All such plans shall be prepared by a registered professional civil engineer, licensed in the state, and submitted and considered as part of the large scale development approval process. Such plans shall contain adequate and properly designed measures to control erosion and sediment discharge from the construction site, and to prevent water pollution that may result from such discharges and runoff. The provisions of this section shall also be applicable to all development and redevelopment impacting one acre or more of property, regardless of the type of development or use.

(Ord. No. 754, § 8-208, 7-6-2006)

Sec. 16-261. - Bike racks.

Bicycle parking shall be provided for any development or redevelopment requiring at least 15 or more off-street automobile parking spaces. Bicycle parking shall be provided at the following ratio:

(a)

Nonresidential development shall provide one bicycle parking rack per 20 automobile parking spaces, with a minimum of one bike rack.

(b)

Multifamily residential development. Residential development shall provide at least one bicycle rack per 30 dwelling units. The development shall provide at least one bike rack.

(c)

Bicycle parking shall conform to the Association of Pedestrian and Bicycle Professionals guidelines.

(Ord. No. 1068, § 1, 12-15-2020)

Sec. 16-262. - Large scale developments.

The following regulations shall apply to the approval and construction of large-scale developments:

(1)

Once a large scale development has been approved, construction of said development must begin within 12 months of the date of approval. After 12 months, approval is revoked and the large-scale development plan must be resubmitted to the city.

Ord. No. 1118, § 1, 5-16-2023)