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Milan City Zoning Code

CHAPTER 22

LANDSCAPE AND BUFFER YARD REQUIREMENTS

11-22-1: SITE PLAN REQUIREMENTS:

   A.   Plan Required: If a building or parking lot permit is applied for and no zoning action is required, an administrative site plan approval will be required.
   B.   Review Of Plan: An application for a building or parking lot permit shall promptly be forwarded to the zoning officer. Review must be completed within fifteen (15) business days of the receipt of a complete site plan review application. If, in the judgment of the zoning officer, the site plan review application does not contain sufficient information, the zoning officer may request additional information from the applicant. In that event, the fifteen (15) business day period previously referred to shall be suspended, pending the receipt of all information requested.
   C.   Approval Or Denial; Appeals: If the zoning officer approves a site plan, a building or parking permit may then be issued. If the site plan is not approved, the applicant may appeal. A notice of appeal must be filed no later than fifteen (15) calendar days after the applicant's receipt of the decision or, in the absence of such notification, within fifteen (15) calendar days of the end of the fifteen (15) business day review period provided in subsection B of this section.
   D.   Exemption From Requirements: One- and two-family residences are exempt from villagewide site plan review requirements. In addition, site plans shall not be required for renovation or expansion of an existing structure or use unless access points would be changed or a substantial increase in traffic to the site would be generated. (Ord. 1301, 3-15-2004)

11-22-2: PARKING LOTS:

   A.   Permit Required: No person shall expand an existing parking lot or construct a new parking lot of five (5) spaces or more without having first obtained a written permit therefor, issued by the zoning officer or his designated representative. Prior to obtaining a permit for such expansion or new construction, the applicant shall submit a landscape/site plan as required in this chapter, and plans showing the construction specifications for all off street parking lots, and he shall provide for proper inspection of construction. (Ord. 1301, 3-15-2004)
   B.   Permit Fees: No person shall expand an existing parking lot or construct a new parking lot of five (5) spaces or more without having first obtained a written permit therefor as provided in subsection A of this section and paying to the zoning officer a permit fee in the following amount:
 
Number Of Spaces In Parking Lot
   Fee
1 to 10
$25.00
10 to 25
40.00
More than 25
60.00
 
(Ord. 1310, 7-19-2004)
   C.   Issuance Or Denial Of Permit; Appeal: If the zoning officer approves a site plan, a parking lot permit may then be issued. If the site plan is not approved, the applicant may appeal. A notice of appeal must be filed no later than fifteen (15) calendar days after applicant's receipt of the decision or, in the absence of such notification, within fifteen (15) calendar days of the end of the fifteen (15) business day review period provided in subsection 11-22-1B of this chapter.
   D.   Construction Requirements: All off street parking lots for which a permit is required as identified in subsection A of this section shall be laid to the line and grade of, and shall conform to surface thickness and other specifications of, the zoning officer.
   E.   Landscaping And Screening:
      1.   The provisions of this section for the installation and maintenance of landscaping and screening requirements are intended to protect the character and stability of residential, commercial, industrial and conservation areas, and to enhance the aesthetic and visual image of the village.
      2.   Parking lots of five (5) or more spaces shall be set back ten feet (10') from the front property line(s). Landscaping requirements within the front yard(s) include that the yard be seeded or sodded with lawn. Rock cover may be used but may not exceed twenty percent (20%) of the landscaped front yard setback. In addition, one canopy tree for every five (5) parking spaces and a minimum of five percent (5%) ground cover landscape coverage of shrubs and evergreens/conifers shall be required. The ten foot (10') front yard setback may be reduced to five feet (5') if there is a continuous twenty six inch (26") solid wall/fence or shrubbery hedge provided. Sodding, rock ground cover, canopy tree and ground cover landscape coverage requirements will still be applied if a solid wall/fence is provided. Sodding and/or rock ground cover requirements will still be applied if a shrubbery fence is provided.
      3.   Parking lots of five (5) or more spaces shall be set back five feet (5') from side and rear property lines. Landscaping requirements within the side and rear yards include that the yard be seeded or sodded with lawn. Rock ground cover may be used but may not exceed twenty percent (20%) of the landscaped side and rear yard setbacks. In addition, one canopy tree for every five (5) parking spaces and a minimum of five percent (5%) ground landscape coverage of shrubs and evergreens/conifers shall be required. When a side and/or rear yard is adjacent to a residential use, a continuous four foot (4') solid wall/fence or shrubbery hedge shall also be provided with the five foot (5') setback yard. If a four foot (4') shrubbery hedge is provided, canopy tree and ground landscape coverage shall not be required.
      4.   Wherever landscaping and screening requirements may interfere with traffic vision, the height and placement shall be determined by the zoning officer.
      5.   Trees and other landscaping shall be of species which are hardy to the area and have measured diameters as identified in section 11-22-4 of this chapter. Prohibited trees are identified in section 11-22-5 of this chapter.
      6.   Subject to the approval of the zoning officer, alternate landscaping plans may be substituted for consideration.
      7.   A landscape/site plan will be required to be submitted for staff review prior to issuing a parking lot development permit for parking lots of five (5) spaces or more. The following basic standards should be set out:
         a.   Drawn to scale.
         b.   Identify location of landscaping or other features.
         c.   Specify nature of materials (i.e., species, variety, etc.).
         d.   Specify number of plants, shrubs, trees, etc., by species.
      8.   Landscaping and screening must be maintained in good condition, free of refuse and debris, and provide a healthy, neat and orderly appearance at least equal to the original installation. It shall be the owner's responsibility to see that the landscaping is maintained. (Ord. 1301, 3-15-2004)

11-22-3: BUFFER YARD REQUIREMENTS:

   A.   Intent: The provisions of this section are to provide specific landscape screening and buffer yard requirements to reduce the incompatibility between zoning districts of different intensity and type. These buffer yards will lessen the adverse impact of more intense land uses upon residential areas and/or other areas of less intense use by reducing noise, visual and other environmental impacts.
   B.   Requirements: In addition to landscaping and screening requirements for off street parking areas, buffer yard standards will also apply for site plans requiring a zoning change, special use permit and nonexempt site plan review requirements. The buffer yard requirement is determined by the difference between the zoning district of the subject property and the zoning district of adjacent properties. The specific requirements are identified in the following subsections and the table in section 11-22-7, "Schedule Of Buffer Yard Requirements", of this chapter. Landscaping and screening requirements for off street parking areas apply to the side of the property abutting a public street right of way. A list of prohibited trees is provided in section 11-22-5 of this chapter.
   C.   Types Of Buffer Yards; Description:
      1.   Type A Buffer:
         a.   The standard buffer within type A is eight feet (8') wide and contains the following number of required plants per one hundred feet (100'):
1 canopy tree
1 understory tree
6 shrubs
1 evergreen/conifer
         b.   Depending on the space available, the applicant may choose one of several alternative buffer widths to provide a type A buffer, each with a different amount of required plantings reflected as a multiplier of the required plant units per one hundred feet (100'). The alternatives include the following:
            (1)   Twenty foot (20') wide buffer with fifty percent (50%) of the required plant units per one hundred feet (100').
            (2)   Sixteen foot (16') wide buffer with sixty percent (60%) of the required plant units per one hundred feet (100').
            (3)   Twelve foot (12') wide buffer with eighty percent (80%) of the required plan units per one hundred feet (100').
            (4)   Four foot (4') wide buffer with ninety percent (90%) of the required plant units and a continuous hedge set back three feet (3') from the property line or fence.
      2.   Type B Buffer:
         a.   The standard buffer with type B is ten feet (10') wide and contains the following number of required plants per one hundred feet (100'):
   2 canopy trees
   2 understory trees
   6 shrubs
   2 evergreens/conifers
         b.   Depending on the space available, the applicant may choose one of several alternative buffer widths to provide a type B buffer, each with a different amount of required plantings. Type B buffer alternatives range from a twenty five foot (25') wide buffer with fifty percent (50%) of the required plantings to a five foot (5') wide buffer with ninety percent (90%) of the required plantings and a continuous hedge or fence.
      3.   Type C Buffer:
         a.   The standard buffer within type C is fifteen feet (15') wide and contains the following number of required plantings per one hundred feet (100'):
   3 canopy trees
   2 understory trees
   9 shrubs
   3 evergreens/conifers
         b.   Depending on the space available, the applicant may choose one of several alternative buffer widths to provide a type C buffer, each with a different amount of required plantings. Type C buffer alternatives range from a twenty five foot (25') wide buffer with sixty percent (60%) of the required plantings to a six foot (6') wide buffer with ninety percent (90%) of the required plantings and a continuous fence.
      4.   Type D Buffer:
         a.   The standard buffer within type D is fifteen feet (15') wide and contains the following number of required plants per one hundred feet (100'):
3 canopy trees
   2 understory trees
   15 shrubs
   5 evergreens/conifers
         b.   Depending on the space available, the applicant may choose one of several alternative buffer widths to provide a type D buffer, each with a different amount of required plantings. Type D buffer alternatives range from a twenty five foot (25') wide buffer with sixty percent (60%) of the required plantings to an eight foot (8') wide buffer with ninety percent (90%) of the required plantings and a continuous fence. (Ord. 1301, 3-15-2004)

11-22-4: MINIMUM STANDARDS FOR PLANTINGS:

   A.   Canopy trees: Two inches (2") diameter, six inches (6") above ground level, and ten feet (10') in height when planted.
   B.   Understory tree: One inch (1") diameter, six inches (6") above ground level, and six feet (6') in height when planted.
   C.   Shrubs: Twenty four inches (24") in height when planted; forty percent (40%) or more must reach a mature height of six feet (6') or more.
   D.   Evergreens/conifers: Two inches (2") in diameter, six inches (6") above ground level, and six feet (6') in height when planted. Twenty foot (20') minimum height at maturity. (Ord. 1301, 3-15-2004)

11-22-5: PROHIBITED TREES:

The following weak wooded trees and generally undesirable trees for urban conditions shall be prohibited for use in meeting any of the landscaping/screening requirements for off street parking areas and/or buffer yard requirements:
Ailanthus (tree of heaven)
All fruit bearing including crab apple, Bradford pear, purple leaf plum, mulberry, and Russian olive
Box elder
European mountain ash
European white birch
Ginkgo
Hawthorne
Pin oak
Poplar
Siberian elm
Silver maple
Sweet gum
Willow
(Ord. 1301, 3-15-2004)

11-22-6: MAINTENANCE OF LANDSCAPING AND SCREENING:

Buffer yard landscaping and screening must be maintained in good condition, free of refuse and debris and provide a healthy, neat and orderly appearance at least equal to the original installation. It shall be the owner's responsibility to see that the landscaping is maintained. (Ord. 1301, 3-15-2004)

11-22-7: SCHEDULE OF BUFFER YARD REQUIREMENTS:

A - 8 feet in width
B - 10 feet in width
C - 15 feet in width
D - 15 feet in width
N - No buffer required
5
Zoning Of Adjacent Property
Subject Property
R-1
R-2
R-3
R-4 R-5 R-6 R-7
O-1
B-1
B-2
B-3
B-4
U-1
ORT
C-1
C-2
I-1
I-2
5
Zoning Of Adjacent Property
Subject Property
R-1
R-2
R-3
R-4 R-5 R-6 R-7
O-1
B-1
B-2
B-3
B-4
U-1
ORT
C-1
C-2
I-1
I-2
R-1, R-2, R-3
N
N
N
N
N
N
N
N
N
N
N
N
N
R-4, R-5, R-6, R-7
A
N
N
N
N
N
N
N
N
B
B
N
N
O-1
A
A
N
N
N
N
N
N
N
B
B
N
N
B-1
B
A
N
N
N
N
N
N
N
B
B
N
N
B-2
C
B
N
N
N
N
N
N
N
B
B
N
N
B-3
C
B
C
N
N
N
N
N
C
B
B
N
N
B-4
C
C
C
N
N
N
N
A
C
B
B
N
N
U-1
C
C
N
N
N
N
N
N
N
B
B
N
N
ORT
D
D
N
N
N
N
N
N
N
B
B
N
N
C-1
N
N
N
N
N
N
N
N
N
N
N
N
N
C-2
A
N
N
N
N
N
N
N
N
N
N
N
N
I-1
C
C
D
B
A
N
N
B
C
C
C
N
N
I-2
D
D
D
B
A
A
A
C
C
D
D
N
N
 
Note: Position of property abutting public right of way is governed by landscaping for parking lot requirements.
(Ord. 1301, 3-15-2004)