The landscaping standards contained in this chapter, as well as those found elsewhere in this Code are designed to accomplish the following goals:

   (a)   Protect the health, safety and general welfare of the public;

   (b)   Enhance property values;

   (c)   Improve the appearance of the community through the preservation of natural resources, trees and native plants;

   (d)   Maintain the ecological balance of the area;

   (e)   Screen unsightly equipment or materials from the view of persons on public streets or abutting properties and buffering from uncomplimentary land uses;

   (f)   Promote water conservation through rain water capture, treatment, and storage, and efficient landscape and irrigation design;

   (g)   Promote and protect the health, safety and welfare of the public by creating an urban environment that is aesthetically pleasing and that promotes economic development through an enhanced quality of life;

   (h)   Reduce soil erosion and increase infiltration in permeable land areas essential to stormwater management and aquifer recharge;

   (i)   Reduce the negative environmental effects of development while protecting and enhancing the value of developed properties in the surrounding area;

   (j)   Encourage preservation of existing trees and other significant vegetation; and

   (k)   Reduce the "heat-island" effect of impervious surfaces, such as parking lots, by cooling and shading the surface area, and breaking up large expanses of pavement.

(Ord. 6699. Passed 1-16-18; Ord. 6845. Passed 7-21-20; Ord. 6857. Passed 6-2-20.)

   (a)   All tree landscaping and planting screens required by this Zoning Code shall be installed prior to occupancy or commencement of use. Where compliance with the preceding sentence is not possible because of the season of the year, the Zoning Inspector shall grant an appropriate delay, but shall issue no permanent zoning compliance permit or certificate of occupancy until completion of all required plantings. Any zoning compliance permit or certificate of occupancy may be revoked, after 30 days written notice to the person assessed for taxes on the affected lot and to the occupant, whenever planting screens or required tree plantings are not maintained as required in this Zoning Code.

   (b)   Maintenance. All required landscaping shall be maintained in a presentable condition, and shall be kept free from refuse and debris; provided further that all plant materials shall be continuously maintained in a sound, healthy and vigorous growing condition, and shall be kept free of plant diseases and insect pests. All unhealthy and dead plant material shall be replaced within one year of damage or death or the next appropriate planting period, whichever comes first.

(Ord. 6699. Passed 1-16-18.)

   (a)   Plant materials within bufferyards shall not be planted closer than four feet from any property line.

   (b)   Where plant materials are planted in two or more rows, plantings shall be staggered.

   (c)   Plant materials shall be planted according to the following schedule (note: these are average spacing requirements. Drive openings, utilities and other factors may result in larger or smaller spaces between trees):

(Ord. 6699. Passed 1-16-18; Ord. 6774. Passed 4-2-19; Ord. 6845. Passed 7-21-20; Ord. 6857. Passed 6-2-20.)

      (1)   First, within a minimum five feet wide planting area located upon the subject property. Such planting areas located adjacent to paved parking surfaces shall be protected with concrete curbing. If setbacks or existing conditions prevent planting in this manner, then proceed to the next priority;

      (2)   Second, within the tree lawn in the right-of-way with the approval of the tree placement and species by City of Miamisburg. If no such tree lawn exists, then proceed to the next priority;

      (3)   Third, within a tree grate or raised planter in the right-of-way with the approval of the tree placement and species by City of Miamisburg. If no such planting area can be created, then proceed to the next priority;

      (4)   Fourth, if any of the above options are not feasible, refer to Section 1290.09.

(Ord. 6699. Passed 1-16-18; Ord. 6774. Passed 4-2-19.)

   Refer to Section 1292.03(e)(3) of these Codified Ordinances.

(Ord. 6699. Passed 1-16-18.)

      (1)   The landscaped area shall be, at a minimum, equal to the area of the sign face.

      (2)   The landscaped area shall include all points where the sign structural supports attached to the ground.

      (3)   Where the required landscaped area is adjacent to a paved surface accessible to vehicular traffic, a raised non-mountable curb suitable to prevent encroachment of vehicles shall be required. The minimum distance between the face of any required curb and any part of the sign shall be 30 inches.

      (4)   The landscaped area shall include living plantings aesthetically located and maintained. The use of concrete, asphalt or other paved surface inside the required landscaped area beneath the sign shall be prohibited.

(Ord. 6699. Passed 1-16-18.)

      (1)   Bufferyards required throughout this Code shall be provided along the side or rear lot lines of abutting uses or properties.

      (2)   Bufferyards shall be located solely upon private property and shall not extend into the public right-of-way.

      (1)   The applicant shall either plant new vegetation or preserve existing trees or plants within the required buffer provided that existing trees or plants meet the requirements of this Code.

      (2)   Trees and other plants required in a bufferyard shall be spaced throughout and planted within the bufferyard to achieve the functional screening from adjoining property. The Planning Commission shall review all bufferyard plans, including the proposed tree types and spacing in order to verify that the plans meet the bufferyard requirements contained in this Code. All bufferyard areas shall be established with grass, groundcover or mulch.

      (3)   Fences that are required or optional as a replacement for an evergreen hedge when approved or required by the Planning Commission shall be placed and designed appropriately so as to not diminish the character of the surrounding area. Slatted chain-link or similar woven wire fences are not permitted as bufferyard screening fences in any zoning district.

(Ord. 6699. Passed 1-16-18; Ord. 6774. Passed 4-2-19; Ord. 6845. Passed 7-21-20; Ord. 6857. Passed 6-2-20.)

   (a)   No artificial plant materials shall be used to satisfy the requirements of this chapter.

   (b)   Each tree or shrub shall be planted at least 30 inches from the edge of any paved surface where vehicles overhang.

   (c)   The use of native plants and shrubs is encouraged.

   (d)   For suggested plant materials, refer to the preferred plant list table in Section 1253.07(I) of these Codified Ordinances.

   Table 1290.08-1 Plant Diversity Requirements

 

 

      (1)   Apple, Malus punila

      (2)   Bradford Pear, Pyrus calleryana "Bradford"

      (3)   Box Elder, Acer negundo

      (4)   Cottonwood, Aspen

      (5)   Siberian Elm, Ulmus Pumila

      (6)   Moline American Elm, Ulmus Americana "Moline"

      (7)   Ginkgo - Female, Ginko biloba

      (8)   Willow, Salix Species

      (9)   Honeysuckle

      (10)   Osage Orange, Hedge Apple, Maclura ponifera

      (11)   Poplar, Populus species

      (12)   Russian Olive

      (13)   Silver Maple, Acer saccharinum

      (14)   Tree-of-Heaven, Ailanthus altissima

      (15)   Ash

      (16)   Lythrum virgatum, european wand loosestrife

      (17)   Pyrus calleryana, callery pear

      (18)   Any plant material declared invasive by the Ohio Department of Agriculture.

(Ord. 6699. Passed 1-16-18; Ord. 6845. Passed 7-21-20; Ord. 6857. Passed 6-2-20.)

   The Planning Commission, upon Site Plan and/or special use review, shall have the authority to modify and/or substitute any of the aforementioned or other landscaping requirements elsewhere in this Code when considering a proposed site plan in order to address unique site-specific conditions or circumstances with respect to changes in elevation, environmental impact, safety, durability of plant material, aesthetic appeal, and any other factors that will result in a more compatible buffer, screen or landscaping schedule with the surrounding neighborhood. Any substitutions or modifications granted by the Planning Commission shall be based on the following criteria:

   (a)   The specific conditions which are unique to the applicant's land.

   (b)   The manner in which the strict application of the provision of this chapter or other landscaping standards elsewhere in this Code would deprive the applicant of a reasonable use of the land in a manner equivalent to the use permitted other landowners in the same zone.

   (c)   Reasons that the modification shall preserve, not harm, the public safety and welfare.

   (d)   A demonstration that the applicant has provided for a buffer or landscaping plan that achieves the spirit and intent of this section.

(Ord. 6699. Passed 1-16-18.)