It is the intent of this article to require site plan review and approval for certain structures and uses that can be expected to have a significant impact on natural resources, traffic patterns and the character of future development in the immediate area and the entire community. The requirements contained in this article are intended to ensure that all development within the city is in conformance with the intent and purpose of this chapter.

(Ord. No. 152, 5-1-2006)

The uses of land and structures listed in this section shall receive final site plan review and approval in accordance with this article prior to the granting of a building permit or a certificate of occupancy.

   (1)   Uses in the O-1, O-2, C-1, C-2, C-3, M-1 and M-2 zoning districts.

   (2)   Uses in the planned unit development district.

   (3)   Multiple-family dwelling uses.

   (4)   Uses permitted by special use permit.

   (5)   Platted subdivisions (refer to chapter 74).

   (6)   Site condominium developments.

   (7)   Public and governmental facilities.

   (8)   Off-premise signs.

   (9)   Grading and filling in any district which alters the flow of surface water to or from the property.

(Ord. No. 152, 5-1-2006; Ord. No. 230, 9-28-2020)

The zoning official may approve or deny any site plan for the use of land and structures listed in this section. The zoning official may refer any submitted site plan to the planning commission for review and approval.

   (1)   All uses of existing principal and accessory buildings which do not increase the base or footprint of the structure.

   (2)   All uses of land and buildings which do not increase the number of required off-street parking spaces by more than two spaces.

   (3)   Outdoor food and drink service areas at a pub, tavern, or restaurant unless otherwise permitted by special use permit.

   (4)   A single detached accessory structure up to 200 sq. ft., or multiple detached accessory structures up to a total cumulative of 200 sq. ft.; this item is exempt from site plan review fees.

(Ord. No. 152, 5-1-2006; Ord. No. 166, 8-4-2008; Ord. No. 250, 8-19-2024)

The planning commission may approve, approve with conditions, or deny any site plan when referred and reviewed in accordance with the requirements of this chapter.

(Ord. No. 152, 5-1-2006)

(a)   Intent, purpose, consideration concurrent with final site plan. All uses of land and structures which are subject to the requirements of this article shall receive preliminary site plan review and approval prior to the submission of a final site plan unless the zoning official determines that concurrent preliminary and final site plan review and approval will promote the general welfare of the city. The standards for both preliminary and final site plan review and approval in this article shall be applied when concurrent consideration is allowed. The planning commission may require separate preliminary and final site plan review and approval for any plan subject to consideration by the commission.

(b)   Preliminary site plan application. The owner or designated agent shall file an application requesting preliminary site plan review and approval with the zoning official. The application shall be accompanied by the information required in this section and be accompanied by the appropriate fees as established by resolution of the city.

(c)   Preliminary site plan application requirements. All applications for preliminary site plan review and approval shall comply with the basic required submittal standards of subsection 94-225(d)(1) of this chapter. The additional required submittal standards of subsection 94-225(d)(2) of this chapter shall be satisfied by any application for preliminary site plan review and approval involving the following uses of land or structures.

   (1)   Planned unit development.

   (2)   Planned residential development.

   (3)   Site condominium development.

   (4)   Public and government facility.

   (5)   Any use in the M-1 or M-2 zones.

   (6)   Hotel or motel.

   (7)   Multiple-family with 12 or more units.

   (8)   Community commercial center.

   (9)   Any use involving one or more structures that occupy, either individually or collectively, more than 15,000 square feet of gross floor area

   (10)   Other uses as determined by the designated site plan approval body, except that for such other uses, at the sole discretion of the designated site plan approval body, specific requirements of subsection 94-225(d)(2) of this chapter may be waived.

(d)   Preliminary site plan submittal standards. It is the intent of this section to establish standards for submittal requirements that are consistent with the level of complexity of a proposed development. Further, it is the intent of this section to provide flexibility for the zoning official and planning commission to require submittal of sufficient information to evaluate the impact of a proposed development on nearby property and the city at large and to demonstrate compliance with this chapter.

   (1)   Basic required submittal standards. Any application for preliminary site plan review and approval shall include at minimum the following information:

      a.   Name, address, and phone number of applicant and designated agent, if applicable.

      b.   Legal description of subject property with tax parcel number.

      c.   Proof of ownership or proof of land control for the subject property.

      d.   Existing uses on subject property and abutting properties.

      e.   Zoning of subject property.

      f.   Description of intent including proposed principle and accessory uses.

      g.   Statement of facts showing how the proposal meets applicable standards of this chapter including an itemized list of known or potential variances from the standards of this chapter.

      h.   Site plan. Drawings or sketches of the subject property showing the following:

         1.   North arrow.

         2.   Drawing date.

         3.   Site size.

         4.   Contiguous property in which applicant has ownership interest.

         5.   Proposed pedestrian and vehicle circulation systems.

         6.   Location of existing and proposed structures including existing and proposed front, side, and rear yard setbacks.

         7.   Location of existing and proposed uses.

         8.   Location of existing and proposed off-street parking and curb cuts.

         9.   Location and nature of proposed signage.

         10.   Location of existing and proposed easements.

         11.   Location and screening of refuse facilities.

      i.   Landscape sketch plan meeting the requirements of section 94-241 of this chapter.

   (2)   Additional required submittal standards. Any application for preliminary site plan review and approval involving any of the uses listed in subsection 94-225(c) of this chapter shall include at minimum the following information.

      a.   All information required in subsection 94-225(d)(1) of this chapter.

      b.   Zoning of property within 500 feet of the subject property.

      c.   Vicinity map showing the location of the subject property and the following information:

         1.   Minimum scale of 1" = 600'.

         2.   North arrow.

         3.   Street names.

         4.   Schools.

         5.   Parks and recreation facilities.

         6.   Shopping areas.

         7.   Major streets and highways.

         8.   Major public buildings.

      d.   Site plan. Scaled drawings of the subject property showing the following:

         1.   Minimum scale of 1" = 100', north arrow, date, titles.

         2.   Location of existing watercourses, depressions, ponds, marshes, wetlands, other regulated water bodies, and other unique natural features.

         3.   Base flood level.

         4.   Location, size, nature of existing and proposed rights-of-way, easements, other encumbrances.

         5.   Streets with proposed street names.

         6.   Proposed loading areas.

         7.   Proposed lighting plan.

         8.   Proposed access to existing public streets.

         9.   Number, dimensions, size of buildings.

         10.   Number, dimensions, size of lots or other land divisions.

         11.   Number, dimensions, size of dwelling units.

         12.   Boundaries of construction phases.

         13.   Architect schematic plans, elevations, and/or perspective sketches of proposed buildings.

         14.   Existing and proposed grading contours at two-foot intervals.

         15.   Basis of any calculations.

         16.   Seal of a professional engineer, architect, landscape architect or community planner licensed in the State of Michigan.

         17.   Location and proposed use of common open spaces.

      e.   How legal title is held, regulated, maintained.

         1.   Proposed easements, covenants, articles of association.

         2.   Soil survey data as made available by the U.S. Department of Agriculture Soil Conservation Service indicating soil characteristics and suitability for development.

      f.   Construction schedule.

      g.   Detailed cost estimate.

      h.   Engineering report of proposed location and size of water, sanitary sewer, storm sewer, and surface drainage systems.

      i.   Identity of all land surveyors, architects, landscape architects, community planners and engineers participating in the proposal.

      j.   Landscape detailed plan meeting the requirements of section 94-241 of this chapter.

   (3)   Supplemental analysis and information. The designated site plan approval body may require that supplemental information and analysis be submitted as part of any application for preliminary site plan review and approval if such information is deemed necessary by the designated site plan approval body to demonstrate compliance with the requirements of this chapter. The costs for such supplemental analysis and information shall be incurred by the applicant. Supplemental information may include the following:

      a.   Detailed soil survey data including soil boring data from the subject property and engineering analysis.

      b.   Proof of financial ability.

      c.   Impact on fiscal and economic conditions of the city and surrounding area.

      d.   Impact on natural features on subject property and adjacent property.

      e.   Impact on public facilities and services.

      f.   Impact on traffic flow and volume.

      g.   Boundary survey.

      h.   Any other information deemed necessary by the designated site plan approval body to demonstrate compliance of the proposal with the requirements of this chapter.

(e)   Time frame.

   (1)   Special use permit. The terms of acceptance and review of an application for preliminary site plan review and approval submitted as part of an application for a special use permit shall be as required in section 94-191(b)(4) of this chapter.

   (2)   Acceptance of application. For any application for preliminary site plan review and approval separate from an application for a special use permit, the zoning official shall either issue a receipt of acceptance or return the application as incomplete within ten business days after submission.

   (3)   Application review. For any application for preliminary site plan review and approval separate from an application for a special use permit, the zoning official shall, within 45 days of acceptance, either complete review of the application or refer the application to the planning commission for review.

(f)   Request for review. The zoning official shall notify the agencies and individuals identified in section 94-394(d), or other agencies or individuals as deemed appropriate, of receipt of the site plan application.

(g)   Zoning official review. The zoning official shall have the authority to approve or deny an application for preliminary site plan review and approval as allowed by, and in accordance with, the requirements of section 94-223 of this chapter. Site plan review shall be in accordance with the standards in section 94-227 of this chapter.

(h)   Planning commission review. The planning commission shall have the authority to approve, approve with conditions, or deny an application for preliminary site plan review and approval in accordance with the requirements of section 94-224 of this chapter. The following review procedures shall be utilized when considering an application:

   (1)   The planning commission shall receive from the zoning official a copy of all material submitted.

   (2)   The planning commission shall receive a review and recommendation from the zoning official relative to the compliance of the preliminary site plan with the requirements of this chapter.

   (3)   The planning commission shall receive from the zoning official a review and/or recommendation from all appropriate local, state, and federal agencies.

   (4)   The planning commission shall utilize the criteria identified within section 94-227 of this chapter when reviewing an application.

   (5)   The planning commission may impose conditions when approving a preliminary site plan application. The conditions must be reasonable, directly related to the standards of this chapter, or determined to be necessary for the protection of the public health, safety, and welfare.

(Ord. No. 152, 5-1-2006)

(a)   Final site plan application. The owner or designated agent shall file an application with the zoning official requesting final site plan review and approval in compliance with section 94-225(a). The application shall be accompanied by the information required in this section and be accompanied by the appropriate fees as established by resolution of the city council.

(b)   Final site plan application requirements. All applications for final site plan review and approval shall comply with the final site plan submittal standards of subsection 94-226(c).

(c)   Final site plan submittal standards. It is the intent of this section to establish standards for submittal requirements that are consistent with the level of complexity of a proposed development. Further, it is the intent of this section to provide flexibility for the zoning official and planning commission to require submittal of sufficient information to evaluate the impact of a proposed development on nearby property and the city at large and to demonstrate compliance with this chapter.

   (1)   Any application for final site plan review and approval shall include at minimum all information submitted with the approved preliminary site plan with all changes incorporated that are necessary to comply with the direction of the designated site plan approval body during preliminary site plan review. The applicant may reference or re-use information submitted with the preliminary plan but shall submit an itemized list of such information.

   (2)   Drawings and other information submitted for final site plan review and approval shall be sealed or certified by the appropriate professional engineer, architect, landscape architect or planner.

   (3)   Any application for final site plan review and approval for a proposal that includes a use specifically listed in subsection 94-225(c) of this chapter shall include detailed construction drawings for water, sanitary sewer, storm sewer and surface drainage plans sealed by a professional engineer registered in the State of Michigan.

   (4)   Any application for final site plan review and approval shall include final documents for recording perpetual use of common open space, easements, rights-of-way, and dedications.

   (5)   Any application for final site plan review and approval shall include detailed drawings and/or specifications describing road design and construction plans, pavement and sidewalk design and construction plans, lighting plans, and all other construction information necessary to ensure that the project is built as approved and to ensure that the public health, safety, and welfare are protected.

   (6)   The applicant may be required to submit, at the sole discretion of the designated site plan approval body, information in a more detailed form for final site plan review and approval than was required for the preliminary site plan.

   (7)   Any application for final site plan review and approval shall include post construction storm water management concept plan pursuant to the requirements of Chapter 52.

(d)   Zoning official review. The zoning official shall have the authority to approve or deny an application for final site plan review and approval as allowed by, and in accordance with, the requirements of section 94-223. Site plan review shall be in accordance with the standards in section 94-227.

(e)   Planning commission review. The planning commission shall have the authority to approve, approve with conditions, or deny an application for final site plan review and approval. Final site plan review shall follow the procedures for preliminary site plan review in subsection 94-225 and shall be in accordance with the standards in section 94-227.

(Ord. No. 152, 5-1-2006; Ord. No. 203, 10-17-2016)

In reviewing an application for site plan review and approval the following standards shall apply:

   (1)   The site shall be developed so that all elements shall be harmoniously and efficiently organized in relation to the size, shape, type and topography of the site and surrounding property.

   (2)   The site shall be developed so as not to impede the normal and orderly development, improvement, and use of surrounding property for uses permitted in this chapter.

   (3)   All buildings or groups of buildings shall be arranged to permit emergency vehicle access by some practical means to all sites.

   (4)   Every structure or dwelling unit shall have direct access to a public street or indirect access to a public street via an approved dedicated private street.

   (5)   Appropriate measures shall be taken to ensure that the addition or removal of surface waters will not adversely affect neighboring properties, that controls are in place to minimize sedimentation and erosion, and that topographic alterations are minimized to accommodate storm water management.

   (6)   Provisions shall be made for the construction of storm sewer facilities including grading, gutters, piping, on-site storage, and treatment of turf as required to handle stormwater and prevent erosion.

   (7)   Secondary containment for above ground areas where hazardous substances are stored or used shall be provided as required by the city fire chief.

   (8)   Exterior lighting shall be designed and located so that the source of illumination is directed away from adjacent properties, the intensity of lighting is the minimum necessary, and the direction of lighting is downward as much as is possible and appropriate for the project.

   (9)   All loading and unloading areas, outside storage areas, and refuse receptacles shall be screened from casual view from the public rights-of-way and adjoining land uses.

   (10)   Site plans shall meet the driveway, traffic safety, and parking standards of the city in such manner as necessary to address the following:

      a.   Safe and efficient vehicular and non-vehicular circulation, including parking areas, non-motorized linkages to abutting parcels, uses, sidewalks, and trails.

      b.   Shared driveways and service drives.

      c.   Adequate and properly located utilities.

   (11)   Provisions shall be made for proposed common areas and public features to be reasonably maintained.

   (12)   The site plan submittal shall demonstrate compliance with all applicable requirements of this chapter, chapters 58 and 74, the building code, and county, state, and federal law.

(Ord. No. 152, 5-1-2006)

(a)   Material change. An approved preliminary site plan may be amended only after review and approval by the original approving authority. The process for review and approval shall be the same as that used for the original approval of the preliminary plan. The applicant shall be responsible for paying any additional costs incurred by the city as a result of a request to amend an approved preliminary site plan.

(b)   Administrative approval. An approved final site plan may be administratively amended by the zoning official if it is determined, at the sole discretion of the zoning official, that no material change is proposed, including the location of streets and buildings, the location and amount of open space or off-street parking, the location and type of landscaping material, the number of dwelling units or structures, or any other requirements of this chapter. An amendment which, in the opinion of the zoning official, represents a material change shall be referred to the planning commission for review and approval if the planning commission exercised original approval authority, or may be referred to the planning commission at the sole discretion of the zoning official.

(Ord. No. 152, 5-1-2006)

Approvals of preliminary site plans are valid for a period of six months. Only one extension of a preliminary site plan for an additional six months may be granted at the sole discretion of the approving authority. A preliminary site plan approval is deemed to have expired if an application for final site plan review and approval has not been submitted and accepted by the zoning official within six months of approval of the preliminary site plan. Approvals of a final site plan are valid for a period of 12 months. Only one extension of a final site plan may be granted for an additional 12 months at the sole discretion of the approving authority. A final site plan is deemed to have expired if a building permit has not been obtained for the development within 12 months of approval of the final site plan. A request to extend preliminary or final site plan validity shall be submitted prior to the expiration of the preliminary or final site plan.

(Ord. No. 152, 5-1-2006)

A development project shall conform to the approved final site plan. Failure to conform to the approved final site plan shall constitute a violation of this chapter.

(Ord. No. 152, 5-1-2006)

(a)   A decision rejecting, approving, or conditionally approving a site plan shall be based upon requirements and standards contained in the zoning ordinance, other statutorily authorized and properly adopted local unit of government planning documents, other applicable ordinances, and state and federal statutes.

(b)   A site plan shall be approved if it contains the information required by the zoning ordinance and is in compliance with the conditions imposed under the zoning ordinance, other statutorily authorized and properly adopted local unit of government planning documents, other applicable ordinances, and state and federal statutes.

(Ord. No. 176, 5-4-2009)

(a)   Intent. The intent of this section is to require landscape buffers and screening to reduce negative effects between incompatible land uses, to provide landscaping within parking areas, and to enhance aesthetic and ecological qualities, character, privacy, and land values. Landscape plans shall preserve, to the extent practical, the existing vegetation and ecological systems on the site.

(b)   Landscape plan submittal standards.

   (1)   Sketch plan. The following information shall be provided:

      a.   Name, address, phone number of the person who prepared the plan.

      b.   All appropriate information required in subsection 94-225(d)(1)h.

      c.   Location of existing significant vegetation to be saved and existing significant vegetation to be removed.

      d.   Location, size, type, and quantity of proposed planting materials including botanical and common names.

      e.   Location and description of proposed landscape materials and elements such as berms, walls, ponds, and tree wells.

      f.   Proposed planting schedule.

      g.   Proposed planting and staking details.

      h.   Location and description of proposed screening and landscape treatment for refuse facilities.

   (2)   Detailed plan. The following information shall be provided:

      a   All applicable information required in subsection 94-241(b)(1).

      b.   All applicable information required in subsection 94-225(d)(2)d.

      c.   Minimum scale of one inch = 20 feet for sites of 20 acres or less.

      d.   Minimum scale of one inch = 50 feet for sites of more than 20 acres.

      e.   Drawings shall be sealed by a registered landscape architect licensed in the State of Michigan.

(c)   Landscape plan design standards.

   (1)   All plant materials shall be hardy to the county, free of disease and insects and conform to the standards of the American Association of Nurserymen.

   (2)   All plant materials shall be installed in such a manner so as not to alter drainage patterns on-site or adjacent properties or obstruct vision for reasons of safety, ingress, or egress.

   (3)   All plant material shall be planted in a manner so as not to obstruct, interfere with, or cause damage to utility lines, public sidewalks and public roadways.

   (4)   Existing plant material which complies with the standards and intent of this chapter as determined by the designated site plan approval body may be credited toward meeting the landscape requirements.

   (5)   All shrub plant material shall be planned to achieve its horizontal and vertical effect within four years of installation.

   (6)   Clustering of trees and shrubs within the buffer zone is permitted.

   (7)   All plant materials shall comply with the list of preferred trees and shrubs and dimensional requirements as approved by the planning commission upon the recommendation of the tree commission of the city. The planning commission may allow substitutions.

   (8)   In addition to any required buffer area or parking lot landscaping, at least ten percent of the site area shall be landscaped with grasses and other live groundcovers, planting beds, and trees, or combinations thereof, and the site shall include a minimum of one tree per 10,000 square feet of disturbed land, or fraction thereof.

(d)   Installation, maintenance and completion.

   (1)   All landscaping required by this chapter shall either be planted prior to obtaining a certificate of occupancy or secured by a performance guarantee in accordance with section 94-100 of this chapter.

   (2)   All landscaping and landscape elements shall be planted, and earth moving or grading performed, in accordance with generally accepted planting and grading procedures.

   (3)   The owner of property required to be landscaped by this chapter shall maintain such landscaping in a reasonably healthy condition, free from refuse and debris. All unhealthy and dead material shall be replaced within one year of damage or death or the next appropriate planting period, whichever comes first.

(e)   Buffer zone requirements.

   (1)   A buffer zone shall be required on the subject parcel as indicated in table 100-4 in chapter 100.

   (2)   A parcel requiring a buffer zone shall comply with the buffer zone development standards set forth in subsection 94-241(f).

   (3)   If parcel dimensions and/or topography are such that a parcel cannot reasonably comply with the buffer zone standards of section 94-241(f), then the designated site plan approval body shall determine the character of the buffer based on the following criteria:

      a.   Traffic impact.

      b.   Increased building and parking lot coverage.

      c.   Increased outdoor sales, display, or manufacturing area.

      d.   Physical characteristics of the site and surrounding area including topography, vegetation, and other natural features.

      e.   Visual, noise, and air pollution.

      f.   Health, safety, and welfare.

      g.   Additional dwelling units and resulting density in a residential development.

      h.   The location and dimension of the existing easements on the site.

      i.   Any other criteria pertinent to the proposed use or character of the site.

   (4)   If two zoning districts requiring a buffer zone are separated by a street, the design of the buffer zone shall be determined by the designated site plan approval body.

   (5)   There shall be no planting of trees, shrubs, bushes, or other such permanent plants in the area of any public easement. Only grass or other ground cover approved by the zoning official shall be permitted.

   (6)   Any of the requirements of this section 94-241 may be waived or otherwise modified through site plan review and approval provided the approving body determines that specific characteristics of the site or site vicinity make such requirements unnecessary, inappropriate, or ineffective, or that such requirements would cause impaired vision at a driveway or street intersection. In addition, any of the requirements of this section 94-241 may be increased or otherwise modified through site plan review and approval provided the approving body determines that specific characteristics of the site or site vicinity justify additional measures to mitigate the impacts of a proposed use.

(f)   Buffer zone development standards.

   (1)   Required buffer zones shall comply with the following standards:

      a.   Buffer zone A.

         1.   Minimum width of five feet.

         2.   The buffer zone shall contain a minimum six-foot high screen comprised of plant material, deciduous or evergreen trees, berms, screen walls or fences, or any combination of these elements.

         3.   If berms are used for all or part of the buffer zone screen, the berm shall contain a minimum of one shrub for each ten linear feet of berm length, or fraction thereof. All required plant material shall be placed on the top and exterior side slope of the berm.

         4.   If a screen wall or fence is used for all or part of the buffer zone screen, a minimum of one shrub for each ten linear feet of wall or fence, or fraction thereof, shall be placed on the exterior of the wall or fence.

         5.   If plant material is used for all or part of the buffer zone screen, the screen shall consist of a minimum of four shrubs for each 20 linear feet of screen length or fraction thereof.

         6.   All areas outside of the planting beds shall be covered with grass or other living ground cover.

      b.   Buffer zone B.

         1.   Minimum width of ten feet.

         2.   The buffer zone shall contain one tree for each 30 linear feet of buffer zone length or fraction thereof. At least one-half of the total number of trees required within the buffer zone shall be canopy trees.

         3.   If berming is used for all or part of the buffer zone screen, the berm shall contain a minimum of one shrub for each ten linear feet of berm length, or fraction thereof. All required plant material shall be placed on the top and exterior side slope of the berm.

         4.   If a screen wall or fence is used for all or part of the buffer zone screen, a minimum of one shrub for each ten linear feet of wall or fence, or fraction thereof, shall be placed on the exterior side of the wall or fence.

         5.   If plant material is used for all or part of the required buffer zone screen, the screen shall consist of a minimum of four shrubs for each 20 linear feet of screen length or fraction thereof.

         6.   All areas outside of the planting beds shall be covered with grass or other living ground cover.

      c.   Buffer zone C.

         1.   Minimum width of 30 feet.

         2.   The buffer zone shall contain one tree for each 30 linear feet of buffer zone length or fraction thereof. At least one-half of the total number of trees required within the buffer zone shall be canopy trees.

         3.   The buffer zone shall contain a minimum six-foot high screen comprised of plant material, berming screen walls or fences, or any combination of these elements.

         4.   If berming is used for all or part of the buffer zone screen, the berm shall contain a minimum of one shrub for each ten linear feet of berm length, or fraction thereof. All required plant material shall be placed on the top and the exterior side slope of the berm.

         5.   If a screen wall or fence is used for all or part of the buffer zone screen, a minimum of one shrub for each ten linear feet of wall or fence, or fraction thereof, shall be placed on the exterior side of the wall or fence.

         6.   If plant material is used for all or part of the required buffer zone screen, the screen shall consist of a minimum of four shrubs for each 20 linear feet of screen length or fraction thereof. The shrubs shall be a minimum of 24 inches high at the time of planting.

         7.   All areas outside of the planting beds shall be covered with grass or other living ground cover.

      d.   Buffer zone D.

         1.   Minimum width of 50 feet.

         2.   The buffer zone shall contain one tree for each 20-linear feet of buffer zone length or fraction thereof. At least one-half of the total number of trees required within the buffer zone shall be canopy trees.

         3.   The buffer zone shall contain a minimum six-foot high screen comprised of plant material, berms, screen walls or fences, or any combination of these elements.

         4.   If berms are used for all or part of the buffer zone screen, the berm shall contain a minimum of one shrub for each ten linear feet of berm length, or fraction thereof. All required plant material shall be placed on the top and exterior side slope of the berm.

         5.   If a screen wall or fence is used for all or part of the buffer zone screen, a minimum of one shrub for each ten linear feet of wall or fence, or fraction thereof, shall be placed on the exterior of the wall or fence.

         6.   If plant material is used for all or part of the buffer zone screen, the screen shall consist of a minimum of four shrubs for each 20 linear feet of screen length or fraction thereof. The shrubs shall be a minimum of 24-inches high at the time of planting.

         7.   All areas outside of the planting beds shall be covered with grass or other living ground cover.

(g)   Minimum standards for berms.

   (1)   Berms shall be constructed so as to maintain a side slope not to exceed a one-foot rise to a three-foot run ratio.

   (2)   Berm areas not containing planting beds shall be covered with grass or living ground cover maintained in a healthy growing condition.

   (3)   Berms shall be constructed in such a manner so as to not alter drainage on-site or on adjacent properties or obstruct vision for reasons of safety, ingress or egress.

   (4)   If a berm is constructed with a retaining wall or by terracing, the earthen slope shall face the exterior of the site. The planning commission may waive this requirement.

   (5)   Berms shall not encroach into the clear vision area at street intersections or driveway and property line intersections.

(h)   Minimum standards for screen walls and fences.

   (1)   All screen walls and fences shall be constructed with new or re-manufactured, durable, weather resistant and easily maintainable materials. Chain link and barbed wire fences are not permitted.

   (2)   The wall or fence may be constructed with openings that do not exceed 20 percent of the wall surface. The openings shall not reduce the intended obscuring effect of the wall.

   (3)   Screen walls or fences shall not be constructed so as to alter drainage on-site or on adjacent properties.

   (4)   All fences, walls, or structural screens shall be a minimum of six feet in height.

   (5)   Screen walls or fences shall not be constructed or erected in a clear vision area.

   (6)   Detention/retention areas shall be permitted within the buffer zones provided they do not hamper the screening intent of the buffer or jeopardize the survival of plant materials.

   (7)   Solid waste dumpsters and recycling containers may be installed in the buffer zones provided they are screened in accordance with subsection 94-173(b)(3) of this chapter.

(i)   Off-street parking landscape development standards.

   (1)   Required parking lot landscape areas shall comply with the following standards:

      a.   Off-street parking areas containing six or more parking spaces shall be provided with landscaping in accordance with the following:

         1.   Six through 50 spaces: One canopy tree and 50 sq. ft. of landscaped area per six spaces.

         2.   Fifty-one or more spaces: One canopy tree and 100 sq. ft. of landscaped area per eight spaces.

      b.   All landscaped areas shall be covered by grass, shredded bark, mulch, stone, or a living ground cover.

      c.   All landscaped areas shall contain at least one canopy tree.

      d.   The designated site plan approval body shall approve the location of required off-street parking area landscaping using the following criteria:

         1.   Landscaping shall be installed such that, when mature, it does not obscure traffic signs, fire hydrants, lighting, drainage patterns on-site or adjacent properties, or obstruct vision for reason of safety, ingress, or egress.

         2.   Trees shall be installed in such a manner that parked motor vehicles are shaded whenever possible.

         3.   Landscaping shall be dispersed throughout the parking lot in order to breakup large expanses of impervious surfaces.

         4.   At least one-half of the required trees shall be installed in the interior of the parking area. The interior shall be considered as any point ten feet or more from the outside boundary of the parking area.

      e.   All landscaped areas shall be protected by a raised standard or rolled concrete curb.

      f.   The planning commission may require that all parking areas in excess of 120 percent of the minimum required shall have a non-impervious surface and be designed to be harmonious with the surrounding landscaping.

   (2)   In no case shall any buffer zone be considered as part of the off-street parking landscaped area.

(Ord. No. 152, 5-1-2006)