It is the intent and purpose of this article to establish minimum landscaping and buffering requirements for new development within the city. Two types of landscaping/buffering are described in this article: transition buffers and dumpster screening.

(Code 1987, app. A, § 42; Ord. No. 7365, § 1(part), 2-5-2001)

Landscaping, screening and buffering, as required in this article, shall be provided for all new development, except that specifically exempted in section 46-201.

(Code 1987, app. A, § 43; Ord. No. 7365, § 1(part), 2-5-2001)

Improvements or repairs to existing development that do not result in an increase in floor area and changes in use that do not result in an increase in intensity shall be exempt from the regulations of this article.

(Code 1987, app. A, § 44; Ord. No. 7365, § 1(part), 2-5-2001)

(a)

Location of buffers. Transition buffers shall be located along those portions of a site that are along those portions of adjoining lots with a different zoning classification that require a buffer.

(b)

Responsibility for installing buffers. The developing property shall always be responsible for providing required buffers.

(Code 1987, app. A, § 45; Ord. No. 7365, § 1(part), 2-5-2001; Ord. No. 9738, § 2, 12-19-2022)

When a transition buffer is required by this Code, such transition buffer shall consist of a planting screen, landscaped berm or a fence screen meeting the specifications herein.

(1)

Planting screens. Planting screens shall consist of trees, bushes or shrubs of a variety and so planted and kept as to be achieved within 36 months after occupancy of the premises to be screened.

a.

Such screen shall have a minimum height of six feet above grade at any particular point along its length.

b.

Any two-foot square segment of a planting screen shall contain no more than 30 percent open space affording a direct horizontal view through such screen if such segment is over two feet above grade.

(2)

Landscaped berm. Adequate evidence shall be furnished demonstrating that the construction of such berm, along with any necessary culverts and ditching, will not create adverse drainage and flooding conditions on adjacent property.

a.

Such berm shall be at least 30 feet in width at the base and at least four feet in height, as measured perpendicular to grade level at any point along its length. Side slopes shall have a gradient no steeper than three to one.

b.

Side slopes of such berm shall be sodded or sealed so as to prevent erosion. The top of the berm shall contain a planting screen above except that the minimum height of such planting screen need be no more than three feet above the top of the berm at any particular point along its length. Construction and material of such berm shall be as approved by the zoning board of adjustment.

(3)

Fence screen. A fence screen shall not be less than six feet, nor more than eight feet, in height above grade level, at any particular point along its length. Any two-foot square segment of such screen shall contain no more than 30 percent open space affording a direct horizontal view through such screen. Construction and material of such fence screen shall be as approved by the planning and zoning commission.

(Code 1987, app. A, § 46; Ord. No. 7365, § 1(part), 2-5-2001; Ord. No. 9738, § 2, 12-19-2022)

Landscape buffers shall be provided and maintained when certain land uses are adjoining one another. This requirement is intended to help ease the land use transition between areas of varying development intensity and to ensure land use compatibility.

(1)

Determination transition buffer requirements. The following procedure shall be followed in determining if a transition buffer is required. Using the matrix in subsection (2) of this section, transition buffer requirements, of this article:

a.

Identify the minimum zoning classification required to accommodate the proposed use. These classifications are listed under proposed zoning in the first column.

b.

For transition buffer requirements, identify the actual zoning classification of the abutting sites. These classifications are listed under the heading, adjoining zoning.

c.

Determine if a transition buffer is required by crossing the previously identified proposed zoning with the adjoining zoning. The letter "R" indicates that a transition buffer is required, otherwise, no transition buffer is required.

(2)

Transition buffer requirements.

TRANSITION BUFFER REQUIREMENTS

(Code 1987, app. A, § 47; Ord. No. 7365, § 1(part), 2-5-2001; Ord. No. 9738, § 2, 12-19-2022)

Dumpsters for solid waste located in B-1, B-2, B-3 and M-1 districts shall be completely screened from view of roadways and adjoining sites by fences, walls or vegetative screens. The screen shall be designed to accommodate refuse hauling equipment and provide complete visual screening of the dumpster and be compatible in material and color with the principal structure on the lot.

(Code 1987, app. A, § 48; Ord. No. 7365, § 1(part), 2-5-2001; Ord. No. 8211, § 1, 5-22-2008; Ord. No. 9738, § 2, 12-19-2022)

Landscaping and berming improvements shall be designed according to CPTED principles to reduce or eliminate isolated public pedestrian and parking areas that cannot be seen from activities areas of the site.

(Code 1987, app. A, § 49; Ord. No. 7365, § 1(part), 2-5-2001)

It shall be at the discretion of the individual property owners to landscape their lots; however, at any given time the following provisions shall apply:

(1)

No tree or ground cover shall be planted of a type of species apt to destroy, impair, or otherwise interfere with any street improvements, sidewalks, curbs, gutters, sewer, or other public improvements. The discarding of landscape related materials in the right-of-way shall be subject to the nuisance regulations of chapter 26. The property owner shall contact the city prior to landscaping within any street right-of-way or utility easement.

(2)

Vines of climbing plants growing over street signs, fire hydrants, or other public property shall be removed by the property owner.

(3)

On a corner lot, no planting or other obstruction to vision extending to a height in excess of 24 inches above the established street grade shall be erected, planted or maintained within the sight distance as established per section 46-3.

(4)

All landscaping shall be properly maintained according to city ordinances presently in effect. A minimum of 50 percent of all yard areas shall be comprised of natural grass. Natural grass refers to all species of grass that are perennial and are typically used for lawns such as, but not limited to, Kentucky Bluegrass or perennial ryegrass. Driveways shall not calculate into this requirement. Front yard landscaping (and side/rear yards abutting a street on corner lots) shall require a majority of natural grasses. Trees shall not be planted within six feet of a property line in the side and rear yard. The individual property owner shall be responsible for such maintenance.

(5)

For all multiple-family zoning districts, "R-3", a landscape plan shall accompany, or be a part of, each site plan, and no site plan shall be approved without the planning and zoning commission's review and approval of said landscape plan. The landscape plan shall contain size, type and location of plantings. All "R-2" two-family residential zoning districts shall be required to have a landscape plan which may be approved by the administrative officer or forwarded to the planning and zoning commission for its review and approval at the discretion of the administrative officer. Landscaping to be completed prior to the issuance of a final occupancy permit for the structure(s).

a.

Exception to the landscape plan requirement for R-2 two-family residential districts applies when a single lot is being redeveloped as a single in-fill type lot.

(6)

In all residential zoning districts, above-ground fuel storage tanks shall be thoroughly screened (70 percent blocked visibility or more) with appropriate materials or landscaping to conceal their visibility from the right-or[of]-way and neighboring properties.

(7)

All trees shall be planted so as to maintain a minimum 15 foot setback from all levees.

(Ord. No. 9738, § 1, 12-19-2022)

In "B" (commercial) and "M" districts, the landscaping/screening requirements are as follows:

(1)

Screening requirements.

a.

All screening and buffering requirements previously set forth in the individual districts, conditional use permit, or planned development (PD) agreement shall be the responsibility of the lot owner or developer to install and maintain.

b.

When off-street parking areas for six or more vehicles are located within or are adjoining a residential district, and where such parking areas are not entirely screened visually from such lot by an intervening building or structure, a continuous, visual screen with minimum height of six feet shall be provided between the parking area and the said lot or residential district. Such screen shall consist of a solid fence or masonry wall, a compact evergreen hedge or foliage screening may be approved as an alternative by the administrative officer. Screening shall meet the requirements for buffering between districts per sections 46-199 through 46-206.

c.

Protective screening. When off-street loading areas are located within or adjacent to a residential district, and where such loading areas are not entirely screened visually by an intervening building or structure, a continuous visual screen with a minimum height of eight feet shall be provided between the loading area and the said lot or residential district. Such screen shall consist of a solid fence or a masonry wall, a compact evergreen hedge or foliage screening may be approved as an alternative by the administrative officer. Screening shall meet the requirements for buffering between districts per sections 46-199 through 46-206.

(2)

Landscaping requirements.

a.

A landscape plan shall accompany, or be a part of, each site plan, and no site plan shall be approved without the planning and zoning commission's approval of said landscape plan. This landscape plan shall include size, type and location of plantings and shall include parking lot planting islands, perimeter plantings, and similar landscape features.

b.

Where off-street parking spaces are provided, a minimum of ten square feet of landscaping shall be provided or as approved by the commission. While no specific tree species or plantings are given in this chapter, the developer or owner shall be expected to provide sufficient landscaping details on the plans at the time of submittal. The use of earth berms or sculpting shall be encouraged provided these are designed in an area of enough size so as to cause no erosion, drainage or maintenance problems.

(Ord. No. 9738, § 1, 12-19-2022)

All off-street parking facilities, with the exception of a single-family dwelling or a two-family dwelling, shall be screened and landscaped in accordance with the following design standards and section 46-203.

(1)

Planting strip along property lines.

a.

Along each property line of the zoning lot, a planting strip of four feet minimum width shall be provided between said property line and the off-street parking facilities. Where parking facilities for non-residential uses abut a residential district, a sight-proof fence or hedge of not less than six feet in height shall be provided along the perimeter of the off-street parking facility within the planting strip herein described and in agreement with section 46-203.

b.

In the case of a common/shared driveway entrance/exit the requirement for a four feet minimum width planting strip will be waived. However, the remainder of the site shall contain sufficient additional landscaped areas to compensate for the loss of the planting strip or a portion thereof.

(2)

All off-street parking facilities shall be appropriately broken by linear planting strips or variable shaped islands in the interior of the facility. Such planting strips or islands shall be satisfactorily landscaped with trees or other suitable vegetation and shall constitute no less than five percent of the total area of the off-street parking facility excluding the four foot planting strip previously mentioned.

(3)

The selection of trees, hedges and other planting materials shall be approved by the commission on recommendation by the administrative officer.

(4)

All screening and landscaping shall be installed in conformance with the "corner visibility" restrictions in this chapter.

(5)

The selection of trees, hedges, and other planting materials shall be as approved on the landscape plan. Minor modifications to the landscape plan may be approved by the administrative officer. Substantial modifications shall be reviewed and approved by the planning commission.

(Ord. No. 9738, § 1, 12-19-2022)

Prior to issuance of a final occupancy permit, all landscaping indicated on the approved site development plan shall be installed. If installation of landscape materials cannot be accomplished due to weather conditions or other factors, an escrow shall be established to guarantee purchase and installation of all landscape materials. The escrow shall be submitted for approval by the administrative officer. Upon installation of the landscape materials, the escrow shall be released by the city.

(Ord. No. 9738, § 1, 12-19-2022)