Morgan City Zoning Code

CHAPTER 10

20 LANDSCAPING AND FENCING

10.20.010 PURPOSE

The purpose of this chapter is: to promote the health, safety and general welfare of the public; to facilitate the development of an orderly, attractive community; and to protect property values. More specifically, this chapter functions to: lessen the impact of noise, dust and debris; lessen the problems of motor vehicle light glare or other artificial light intrusions; provide shade and lessen energy consumption; buffer and screen certain land uses and appearances from adjacent properties; and help provide a positive visual identity to the city. (Ord. 021103, 2-11-2003)

10.20.020 APPLICATION OF REQUIREMENTS

Minimum Requirements: The requirements of this chapter shall be considered a minimum, except in those cases where otherwise noted (i.e., specified ranges or specific numbers). This requirement shall take effect when building permits are required for the following situations:
1. All new construction on vacant parcels for commercial, office, industrial or multiple-family residential projects.
2. Any substantial modification to an existing site or structure in which the estimated construction cost is greater than fifty thousand dollars ($50,000.00) in either a single application or any number of applications within a ten (10) year period.
Landscaping Percentage Retained; Exception: The required landscaping percentage shall be strictly followed; however, the planning commission may lessen the percentage requirement after the petitioner has presented justification for a lesser percentage. Exceptions should be based on a physical hardship associated with the property and should be limited in their application. (Ord. 021103, 2-11-2003)

10.20.030 COMPLETION GUARANTEES

The developer shall provide a time schedule for the completion of landscaping and fencing improvements. In no case shall the allowed time exceed two (2) years. If not completed at the end of two (2) years, the city will review the progress and may proceed to use the bond funds to make the landscaping and fencing improvements in accordance with the approved plan. A bond equivalent to one hundred twenty five percent (125%) of the estimated cost of improvements shall be established. (Ord. 021103, 2-11-2003)

10.20.040 TRANSITIONAL LANDSCAPING AND FENCING

Required: Transitional landscaping and fencing shall be provided in accordance with the landscape/fencing requirements included in this chapter.
Provided Within District: The landscaping/fencing shall be provided within the zoning district and on the lot or use proposed for development or redevelopment where it is adjacent to land used or zoned for less intense land uses.
First Phase Installation: All transitional landscaping and fencing shall be installed with the first phase of construction.
Moderate Irrigation, Low Maintenance: Trees and shrubs with a low to moderate irrigation need are encouraged, as well as low maintenance landscaping.
Tree Size And Height: Deciduous trees shall have a two inch (2") caliper trunk measured at a height of forty eight inches (48") and coniferous trees shall be balled and burlapped and a minimum of forty eight inches (48") in height. All heights to be measured from the finished landscape surface.
Buffer Required Between Density Changes: When commercial, office, industrial and medium density residential developments are proposed adjacent to low density residential land uses, a transitional landscape area shall be required that consists of a minimum of an unbroken strip of open space, ten feet (10') wide and planted with the following: one large evergreen tree or deciduous, dense canopied tree every twenty (20) linear feet with a maximum mature height of twenty five feet (25'). Other shrubbery and plantings shall also be included in this buffer area.
Fences: Fencing shall be generally located between the required landscape buffer and the adjacent property.
1. All fence heights as required shall be measured on the side of the fence with the highest finished grade, including proposed finished grades with new development.
2. In certain unusual circumstances of topography, or to alleviate specific problems, i.e., the blocking of glare, muting of noise, etc., the planning commission may require the use of an earth berm or more specialized fence material or fence height in lieu of, or in combination with, any of the fence types. (Ord. 021103, 2-11-2003)
3. Unless waived under MCC 10.20.050C, fencing shall be required for all residential development adjacent to an agricultural use or property with a zoning designation that allows or permits agricultural operations.
  1. The fencing shall be installed along the entire boundary between the residential and agricultural properties, and shall be a six foot (6') chainlink fence with a concrete mow strip at least twelve inches (12") wide and six inches (6") deep, except as otherwise approved by the city council, upon recommendation from the planning commission.
  2. This fencing shall be installed at the conclusion of the rough grading, but not later than thirty (30) days after the issuance of the development permit.
  3. Any extension to this time limit may be granted by the building official in limited circumstances. In requesting an extension an applicant must submit a grading plan and demonstrate that, based on topography or other unique features of the property, the required time period cannot be met. Further, no such extension will be granted unless the applicant posts a bond in an amount sufficient to construct the required fencing, and is the owner of the property on each side of the property line upon which the fence is to be installed. If such an extension is granted, a specific time period will be established. However, no building permit shall be released for the development until the required fencing has been installed.
  4. Fencing shall not be required of a residential development along any of its boundaries with existing residentially developed property. For purposes of this section, in addition to its commonly understood meaning, "existing residentially developed property" shall include property for which residential development has been approved, the development permit has been issued, and initial grading or other activities have been initiated on the property. (Ord. 06-04, 4-25-2006)
Clear View: All fencing and landscaping shall be in compliance with MCC 10.20.080, which defines "clear view".
Installation: Any wall or fence that is required by the planning commission or city staff shall be installed according to the manufacturer's specifications or in accordance with best engineering practices. Any masonry wall that is required over four feet (4') in height shall be certified as structurally sound by an engineer licensed to practice in the state. All required chainlink fences shall be constructed according to the following minimum standards: 11-gauge wire mesh; two inch (2") line posts; three and one-half inch (31/2") terminal and corner posts; all posts to be spaced at not more than ten feet (10'); all posts shall be placed in a concrete footing to a depth of not less than eighteen inches (18"); a top rail or tension wire; tension bars at corner and terminal posts; all parts are to be of galvanized steel. The minimum standards for the posts and the mesh may be required to be increased if slatting is also required. (Ord. 021103, 2-11-2003)

10.20.050 LANDSCAPE BUFFER AND FENCING MODIFICATIONS AND WAIVERS

Permitted; Conditions: Where the provisions of this chapter would reduce the usable area of a lot due to lot configuration or size to a point which would preclude a reasonable use of the lot, landscape buffer and fencing may be waived or modified by the planning commission where the intent of this chapter has been met through the combination of structural and landscape design techniques.
Modification: The landscape buffer may be modified where the building, fencing and/or the land between that building and the property line has been specifically designed to minimize adverse impact through a combination of structural and landscape design techniques.
Similar Uses: The landscape buffer and fencing requirements may be waived or modified where the adjacent land is designated on the zoning map or in the adopted master plan for a use similar to that of the parcel under site plan consideration. In situations where a petitioner is requesting that required fencing be waived or modified on residential developments adjacent to agricultural uses and/or zoning districts the following criteria must apply:
1. The adjacent agricultural property must have all the infrastructure (roads, sewer, water, storm sewer, etc.) necessary for development; or
2. The topography or vegetation of the adjacent property would make a fence ineffective or cause a hardship if the developer is required to fence the property.
3. The petitioner must have a proposal of the type of fencing and be prepared to present this to the planning commission.
Adjoining Public Purpose Use: The landscape buffer and fencing requirements may be modified where the adjoining property is used for any public purpose other than a school or hospital.
Adjoining Conditional Uses: The landscape buffer and fencing requirements may be modified where adjacent residential property is used for any conditional use, except nursery schools, daycare centers, and schools of general and special education.
Topography Consideration: The fencing requirement may be waived or modified where the topography of the lot providing the fencing and the lot being protected is such that a fence would not be effective.
Public Use With Minimum Impact: The landscape buffer and fencing requirement may be modified for any public use when such has been specifically designed to minimize adverse impact on adjacent properties. (Ord. 021103, 2-11-2003)

10.20.060 STREET FRONTAGE LANDSCAPE STRIP; R-M, C AND M ZONES

All properties in R-M and C zones shall provide a landscape strip along the entire frontage, with the exception of those areas necessary for pedestrian and vehicular access, of all public streets. This strip shall be located between the edge of the sidewalk or public street right of way line where no sidewalk exists, and the parking area or structure. Twenty five percent (25%) of the strip shall include grass and there shall be one evergreen or shade tree every fifty feet (50') of frontage or portion thereof greater than twenty five feet (25'). The landscape strip width shall be a minimum of eight feet (8') wide.
All properties within the M zone shall provide a landscape strip along the entire frontage, with the exception of those areas necessary for pedestrian and vehicular access, of all public streets. This strip shall be located behind the sidewalk. When there is no sidewalk, the area that would have been occupied by the sidewalk will be occupied with landscaping which is to be installed in a similar manner as the landscape strip and the park strip.

Twenty five percent (25%) of the landscape strip shall include grass and shrubbery. The landscape strip shall be a minimum of three feet (3') in width.

The park strip within all M zones shall be ten feet (10') in width and shall be landscaped, with a minimum of twenty five percent (25%) of the park strip being grass, and there shall be one evergreen or shade tree every twenty five feet (25') of frontage or portion thereof greater than twelve feet (12').

It is the purpose of this subsection to require that the combined park strip and landscape strip extend from the back of curb a distance of seventeen feet (17') into the property, regardless of the existence or waiver of the sidewalk. (Ord. 16-06, 6-14-2016)

10.20.070 LANDSCAPED PARK STRIP; SPECIFIED ZONES

Commercial, Manufacturing Or Multiple-Family Zones: The park strip, in any commercial, manufacturing or multiple-family residential zone, between any public street and private property shall be landscaped with grass and plantings permitted by this chapter. Maintenance of this area shall be the responsibility of the abutting property owner. This landscaping shall not be counted as part of the required percentage of landscaping for each private property.
Agricultural And Single-Family Zones: In agriculture and single-family residential zoning districts, the park strip may be landscaped with grass and other plantings as permitted by this chapter. In addition, materials such as brick pavers, concrete pavers, stamped concrete, decorative rocks, bark, ground covers, shrubs, and seasonal flowers, may be used as long as the park strip is maintained in a healthy, safe, attractive and nuisance free condition. All plant materials and trees shall be in compliance with the "clear view" requirements of MCC 10.20.080. Asphalt shall not be permitted in the park strip area.
Public Utilities With Easements In Park Strip Area: In the case where public entities with utility easements in the park strip area are required to perform maintenance or repairs, the entity must replace all live plant material after maintenance and repair work is completed. However, if the park strip area contains impervious hard surfaces as listed in subsection B of this section, the abutting property owner shall be responsible for replacement of such materials upon completion of maintenance or repairs.
Maintenance: Appropriate measures shall be taken by abutting property owners to water and trim all live plant materials, and keep the park strip weed free. (Ord. 021103, 2-11-2003)

10.20.080 SCREENING, FENCE REQUIREMENTS; PERMIT CLEAR VIEW

Clear View Areas Generally: It is unlawful to place any obstruction within the clear view area, except as provided herein. The clear view areas are as follows:
1. Driveways: The clear view areas for driveways is that triangular area bounded by lines drawn from a point on each edge of the driveway set back fifteen feet (15') from the front property line, to points at the property line in front of the property, thirty feet (30') either side of each edge of the driveway for all streets, excepting 700 East and State Streets, which shall be forty feet (40'). For purposes of this section, the "edge of driveway" shall mean from the point of the driveway that is perpendicular to the street right of way, excluding any driveway expansion that is behind a sidewalk location that does not affect the width of the driveway approach or apron. (Ord. 16-07, 6-14-2016)
2. Corner Lots: The clear view area for corner lots is:
  1. Where curbs are installed, the clear view area shall include that portion of the corner lot lying within a triangular area formed by a diagonal line connecting lines located at the top back of the curbs extending from the intersection forty feet (40').
  2. Where no curb exists, the clear view area shall include that portion of the corner lot lying within a triangular area formed by a diagonal line connecting lines located at the property/right of way line twenty feet (20') from the intersection of said property/right of way line.
3. Double Frontage Corner Lots: Where the double fronted lot is also a corner lot (3 frontages), the clear view area across corner property required shall be enforced at street intersections at both front and rear of the lot.
Plantings, Generally: For purposes of this section hedges or similar plantings will be treated as a fence.
1. Shade trees or other plantings which project over any sidewalk shall be pruned clear of all branches between the ground and a height of seven feet (7') for that portion of the plant located over the sidewalk. Shade trees and plantings which project over any street or access road which may be used for emergency purposes, shall be trimmed to a height of thirteen feet six inches (13'6") from the grade of the street or access road.
2. Shrubbery, bushes, or other plantings within the park strip or other portions of the right of way, shall be trimmed so that they do not exceed the height of three feet (3'). (Ord. 13-06, 6-25-2013)
Plantings Within Clear View Areas: All plantings of trees, shrubs, or bushes shall be trimmed or pruned so that the shrubs or bushes do not exceed the height of three feet (3') above street level and so that trees are pruned clear of all branches between the ground and a height of seven feet (7'). These measurements are to be made from the top of back of curb, or where no curb exists, from the existing grade at the right of way line.
Fencing, Generally: No fence shall exceed six feet (6') in height without planning commission approval. No fence shall exist over eight feet (8') without an engineer's approval. No fencing shall be installed closer than one foot (1') from a public sidewalk. Where no sidewalk exists, no fencing shall be installed closer than one foot (1') from the right of way line. Fencing must be installed so as not to interfere with public utilities. Fencing must not be installed closer than two feet (2') from a water meter vault, and five feet (5') from a power pole, and two feet (2') from power meters.
1. Permit: Prior to the installation or construction of fencing on residentially zoned, residentially used, or commercial property, an application must be submitted to the city for review. If the application is found to be in compliance with this code, a permit will be issued. Upon receiving a permit, the fence may be installed. The issued permit must be retained on the premises for which the permit was issued until the fence is constructed and inspected for compliance with this section by a representative of the city.
2. Review: If the subject lot is of such a shape or configuration, or possesses other topographical conditions not contemplated by this section, it may be reviewed by the building official to determine whether the proposed fencing meets the intent of this section. If the applicant does not agree with the resolution proposed by the building official, the application will be reviewed by the planning commission. The commission's review is to determine whether the application meets the intent of this section. Any appeal from the commission is to the land use appeal authority. The land use appeal authority shall determine whether there is substantial evidence to support the commission's decision. Any conflict between this section and the clear view provisions shall be resolved in favor of the more strict provision.
3. Material: Fencing shall be made of a durable material such as chainlink, wood, vinyl, wrought iron, etc. Materials commonly used for temporary purposes, such as plastic, or material used for agricultural purposes, such as field fencing or barbed wire, shall not be used. Barbed wire and other field type fencing may be used in areas where zoning allows farm animals, if used for the purpose of keeping animals contained.
4. Front Yard: Fencing not exceeding three feet (3') in height is allowed in front yards.
  
  Exception: When a taller fence from a side yard or street side yard is transitioning to a front yard fence, this transition may be tapered down within the first ten feet (10') of the taller fence.
5. Side Yards, Street Side Yards, And Rear Yards: Fencing not exceeding six feet (6') in height is allowed in side yards, street side yards and rear yards.
  
  Exception: If the driveway to the main building is in the street side yard, fencing from the driveway edge, closest to the rear lot line, extending to the front, shall not exceed three feet (3') in height. (Ord. 16-07, 6-14-2016)
Signs: If a sign is permitted in the zoning district, it may be located in the clear view area where only the minimum necessary supports are visible to a height of not less than ten feet (10'). (Ord. 13-06, 6-25-2013)

10.20.090 PERMITTED TREES WITHIN PARK STRIPS AND ALONG FRONTAGES

The planting of any tree within a park strip shall be done in compliance with the following:
1. The tree shall be planted so it is centered between the curb and sidewalk;
2. The tree shall be located so as not to violate the clear view requirements of MCC 10.20.080;
3. The tree to be planted shall be a tree listed in table 4-3 of this section and designated based on the width of the park strip;
4. The tree shall be maintained to ensure proper clearance above the sidewalk and street, distance from overhead power lines, and so that its growth does not damage public improvements, such as curb, gutter, and sidewalk;
5. Before the planting of trees the adjacent property owner shall contact blue stakes or a utility locating company to locate underground utilities within the park strip; and
6. Trees shall be maintained in accordance with MCC 10.20.080, and so as not to become a nuisance, as defined in MCC 4.04.100.
The planting of any tree outside of a park strip along a lot's frontage is to be done in consideration of the tree's potential growth and its proximity to public improvements and others' property. The property owner is responsible for any damage caused or nuisance created by a tree or other foliage located on that property owner's property.
The planting or maintaining of a tree in accordance with this section does not alleviate the property owner of the liability or responsibility of any damage caused to public improvements or any other responsibility of owning or having control over the property on which the tree is located. Property owners are responsible for the damage caused to public improvements by vegetation on their property or planted by them or their predecessors in interest.

If a person wishes the city to consider the addition of a tree to table 4-3 of this section, such request is to be in writing to the city's staff. The writing must contain sufficient detail and information regarding the tree and illustrate its comparable nature to the trees currently on the list. The city will notify the person of the decision within fifteen (15) days. If the request is denied, the person can file an appeal of that decision to the planning commission within ten (10) days of the denial. The planning commission will review the request in conjunction with the city staff's decision and make a recommendation to the city council. The council will exercise its legislative discretion in determining whether table 4-3 of this section should be amended. The city council's decision is final.

TABLE 4-3
PERMITTED STREET TREES

Common Name	Scientific Name	Mature Height/Spread	Drought Tolerance	Flowering	Fall Color	Growth Rate
Trees are in 3 - 5' park strip or if under power lines:
Crabapple	Malus species	20'/20'	Medium	*	Orange/red	Medium
Canada red	Prunus virginiana	25'/20'	High	*	Purple	Fast
Eastern redbud	Cercis canadensis	25'/25'	High	*	Bright orange	Medium
Flowering plum	Prunus cerasifera atropurpurea	20'/15'	Medium	*		Medium
Goldenrain tree	Koelreuteria paniculata	25'/20'	High	*		Fast
Hawthorn, Washington	Crataegus phaenopyrum	25'/25'	High	*	Pink/red	Medium
Japanese lilac	Syringa reticulata	25'/15'	Medium	*		Medium
Kwanzan cherry	Prunus serrulata	25'/20'	Medium	*	Dull yellow/orange	Fast
Maple, bigtooth	Acer grandidentatum	25'/15'	Medium		Orange/red	Slow
Maple, crimson sunset	Acer truncatum x A. platanoides; 'jfs-kw202'	35'/25'	Medium		Maroon to reddish bronze	Medium
Maple, Norwegian sunset	Acer truncatum x A. platanoides; 'keithsform'	35'/25'	Medium		Yellow, orange to red	Medium
Maple, pacific sunset	Acer truncatum x A. platanoides; 'warrenred'	30'/25'	Medium		Yellow, orange to red	Medium
Serviceberry	Amelanchier canadensis	25'/15'	Medium	*	Yellow/orange/ dusty red	Medium
Spring snow crabapple	Rosaceae malus	25'/20'	Medium	*	Yellow	Medium
Trees for 6' or larger park strips:
European hornbeam¹	Carpinus betulus	40'/30'	Medium		Bright yellow	Slow
Ginkgo or maidenhair tree¹	Ginkgo biloba - male	40'/30'	High		Bright yellow	Medium
Hackberry	Celtis occidentalis	60'/50'	High			Fast
Japanese zelkova	Zelkova serrata	60'/50'	High		Dull red/orange	Fast
Kentucky coffeetree	Gymnocladus dioicus	55'/35'	High		Yellow/orange	Medium
Linden, silver³	Tilia tomentosa	60'/40'	Medium	*		Medium
Maple, regal prince	Quercus robur; 'xbicolor long'	45'/15'	High		Yellow-orange	Medium
Maple, skyrocket	Quercus robur; 'Fastigiata'	45'/15'	High		Yellow-brown	Medium
Musashino columnar zelkova	Zelkova serrata; 'musashino'	45'/15'	Medium		Yellow-red, rusty red	Fast
Ussurian pear^1,3	Pyrus ussuriensis	40'/30'	High	*	Dull red/purple	Medium

Notes:
1. Suitable for planting in tree grates.
2. Shall not be planted under power lines.
3. Trees with fruit; the fruit shall be cleaned off sidewalks.

(Ord. 16-09, 10-11-2016)

Morgan City Zoning Code

CHAPTER 10

20 LANDSCAPING AND FENCING

10.20.010 PURPOSE

10.20.020 APPLICATION OF REQUIREMENTS

Minimum Requirements: The requirements of this chapter shall be considered a minimum, except in those cases where otherwise noted (i.e., specified ranges or specific numbers). This requirement shall take effect when building permits are required for the following situations:
1. All new construction on vacant parcels for commercial, office, industrial or multiple-family residential projects.
2. Any substantial modification to an existing site or structure in which the estimated construction cost is greater than fifty thousand dollars ($50,000.00) in either a single application or any number of applications within a ten (10) year period.
Landscaping Percentage Retained; Exception: The required landscaping percentage shall be strictly followed; however, the planning commission may lessen the percentage requirement after the petitioner has presented justification for a lesser percentage. Exceptions should be based on a physical hardship associated with the property and should be limited in their application. (Ord. 021103, 2-11-2003)

10.20.030 COMPLETION GUARANTEES

10.20.040 TRANSITIONAL LANDSCAPING AND FENCING

Required: Transitional landscaping and fencing shall be provided in accordance with the landscape/fencing requirements included in this chapter.
Provided Within District: The landscaping/fencing shall be provided within the zoning district and on the lot or use proposed for development or redevelopment where it is adjacent to land used or zoned for less intense land uses.
First Phase Installation: All transitional landscaping and fencing shall be installed with the first phase of construction.
Moderate Irrigation, Low Maintenance: Trees and shrubs with a low to moderate irrigation need are encouraged, as well as low maintenance landscaping.
Tree Size And Height: Deciduous trees shall have a two inch (2") caliper trunk measured at a height of forty eight inches (48") and coniferous trees shall be balled and burlapped and a minimum of forty eight inches (48") in height. All heights to be measured from the finished landscape surface.
Buffer Required Between Density Changes: When commercial, office, industrial and medium density residential developments are proposed adjacent to low density residential land uses, a transitional landscape area shall be required that consists of a minimum of an unbroken strip of open space, ten feet (10') wide and planted with the following: one large evergreen tree or deciduous, dense canopied tree every twenty (20) linear feet with a maximum mature height of twenty five feet (25'). Other shrubbery and plantings shall also be included in this buffer area.
Fences: Fencing shall be generally located between the required landscape buffer and the adjacent property.
1. All fence heights as required shall be measured on the side of the fence with the highest finished grade, including proposed finished grades with new development.
2. In certain unusual circumstances of topography, or to alleviate specific problems, i.e., the blocking of glare, muting of noise, etc., the planning commission may require the use of an earth berm or more specialized fence material or fence height in lieu of, or in combination with, any of the fence types. (Ord. 021103, 2-11-2003)
3. Unless waived under MCC 10.20.050C, fencing shall be required for all residential development adjacent to an agricultural use or property with a zoning designation that allows or permits agricultural operations.
  1. The fencing shall be installed along the entire boundary between the residential and agricultural properties, and shall be a six foot (6') chainlink fence with a concrete mow strip at least twelve inches (12") wide and six inches (6") deep, except as otherwise approved by the city council, upon recommendation from the planning commission.
  2. This fencing shall be installed at the conclusion of the rough grading, but not later than thirty (30) days after the issuance of the development permit.
  3. Any extension to this time limit may be granted by the building official in limited circumstances. In requesting an extension an applicant must submit a grading plan and demonstrate that, based on topography or other unique features of the property, the required time period cannot be met. Further, no such extension will be granted unless the applicant posts a bond in an amount sufficient to construct the required fencing, and is the owner of the property on each side of the property line upon which the fence is to be installed. If such an extension is granted, a specific time period will be established. However, no building permit shall be released for the development until the required fencing has been installed.
  4. Fencing shall not be required of a residential development along any of its boundaries with existing residentially developed property. For purposes of this section, in addition to its commonly understood meaning, "existing residentially developed property" shall include property for which residential development has been approved, the development permit has been issued, and initial grading or other activities have been initiated on the property. (Ord. 06-04, 4-25-2006)
Clear View: All fencing and landscaping shall be in compliance with MCC 10.20.080, which defines "clear view".
Installation: Any wall or fence that is required by the planning commission or city staff shall be installed according to the manufacturer's specifications or in accordance with best engineering practices. Any masonry wall that is required over four feet (4') in height shall be certified as structurally sound by an engineer licensed to practice in the state. All required chainlink fences shall be constructed according to the following minimum standards: 11-gauge wire mesh; two inch (2") line posts; three and one-half inch (31/2") terminal and corner posts; all posts to be spaced at not more than ten feet (10'); all posts shall be placed in a concrete footing to a depth of not less than eighteen inches (18"); a top rail or tension wire; tension bars at corner and terminal posts; all parts are to be of galvanized steel. The minimum standards for the posts and the mesh may be required to be increased if slatting is also required. (Ord. 021103, 2-11-2003)

10.20.050 LANDSCAPE BUFFER AND FENCING MODIFICATIONS AND WAIVERS

Permitted; Conditions: Where the provisions of this chapter would reduce the usable area of a lot due to lot configuration or size to a point which would preclude a reasonable use of the lot, landscape buffer and fencing may be waived or modified by the planning commission where the intent of this chapter has been met through the combination of structural and landscape design techniques.
Modification: The landscape buffer may be modified where the building, fencing and/or the land between that building and the property line has been specifically designed to minimize adverse impact through a combination of structural and landscape design techniques.
Similar Uses: The landscape buffer and fencing requirements may be waived or modified where the adjacent land is designated on the zoning map or in the adopted master plan for a use similar to that of the parcel under site plan consideration. In situations where a petitioner is requesting that required fencing be waived or modified on residential developments adjacent to agricultural uses and/or zoning districts the following criteria must apply:
1. The adjacent agricultural property must have all the infrastructure (roads, sewer, water, storm sewer, etc.) necessary for development; or
2. The topography or vegetation of the adjacent property would make a fence ineffective or cause a hardship if the developer is required to fence the property.
3. The petitioner must have a proposal of the type of fencing and be prepared to present this to the planning commission.
Adjoining Public Purpose Use: The landscape buffer and fencing requirements may be modified where the adjoining property is used for any public purpose other than a school or hospital.
Adjoining Conditional Uses: The landscape buffer and fencing requirements may be modified where adjacent residential property is used for any conditional use, except nursery schools, daycare centers, and schools of general and special education.
Topography Consideration: The fencing requirement may be waived or modified where the topography of the lot providing the fencing and the lot being protected is such that a fence would not be effective.
Public Use With Minimum Impact: The landscape buffer and fencing requirement may be modified for any public use when such has been specifically designed to minimize adverse impact on adjacent properties. (Ord. 021103, 2-11-2003)

10.20.060 STREET FRONTAGE LANDSCAPE STRIP; R-M, C AND M ZONES

All properties in R-M and C zones shall provide a landscape strip along the entire frontage, with the exception of those areas necessary for pedestrian and vehicular access, of all public streets. This strip shall be located between the edge of the sidewalk or public street right of way line where no sidewalk exists, and the parking area or structure. Twenty five percent (25%) of the strip shall include grass and there shall be one evergreen or shade tree every fifty feet (50') of frontage or portion thereof greater than twenty five feet (25'). The landscape strip width shall be a minimum of eight feet (8') wide.
All properties within the M zone shall provide a landscape strip along the entire frontage, with the exception of those areas necessary for pedestrian and vehicular access, of all public streets. This strip shall be located behind the sidewalk. When there is no sidewalk, the area that would have been occupied by the sidewalk will be occupied with landscaping which is to be installed in a similar manner as the landscape strip and the park strip.

Twenty five percent (25%) of the landscape strip shall include grass and shrubbery. The landscape strip shall be a minimum of three feet (3') in width.

The park strip within all M zones shall be ten feet (10') in width and shall be landscaped, with a minimum of twenty five percent (25%) of the park strip being grass, and there shall be one evergreen or shade tree every twenty five feet (25') of frontage or portion thereof greater than twelve feet (12').

It is the purpose of this subsection to require that the combined park strip and landscape strip extend from the back of curb a distance of seventeen feet (17') into the property, regardless of the existence or waiver of the sidewalk. (Ord. 16-06, 6-14-2016)

10.20.070 LANDSCAPED PARK STRIP; SPECIFIED ZONES

Commercial, Manufacturing Or Multiple-Family Zones: The park strip, in any commercial, manufacturing or multiple-family residential zone, between any public street and private property shall be landscaped with grass and plantings permitted by this chapter. Maintenance of this area shall be the responsibility of the abutting property owner. This landscaping shall not be counted as part of the required percentage of landscaping for each private property.
Agricultural And Single-Family Zones: In agriculture and single-family residential zoning districts, the park strip may be landscaped with grass and other plantings as permitted by this chapter. In addition, materials such as brick pavers, concrete pavers, stamped concrete, decorative rocks, bark, ground covers, shrubs, and seasonal flowers, may be used as long as the park strip is maintained in a healthy, safe, attractive and nuisance free condition. All plant materials and trees shall be in compliance with the "clear view" requirements of MCC 10.20.080. Asphalt shall not be permitted in the park strip area.
Public Utilities With Easements In Park Strip Area: In the case where public entities with utility easements in the park strip area are required to perform maintenance or repairs, the entity must replace all live plant material after maintenance and repair work is completed. However, if the park strip area contains impervious hard surfaces as listed in subsection B of this section, the abutting property owner shall be responsible for replacement of such materials upon completion of maintenance or repairs.
Maintenance: Appropriate measures shall be taken by abutting property owners to water and trim all live plant materials, and keep the park strip weed free. (Ord. 021103, 2-11-2003)

10.20.080 SCREENING, FENCE REQUIREMENTS; PERMIT CLEAR VIEW

Clear View Areas Generally: It is unlawful to place any obstruction within the clear view area, except as provided herein. The clear view areas are as follows:
1. Driveways: The clear view areas for driveways is that triangular area bounded by lines drawn from a point on each edge of the driveway set back fifteen feet (15') from the front property line, to points at the property line in front of the property, thirty feet (30') either side of each edge of the driveway for all streets, excepting 700 East and State Streets, which shall be forty feet (40'). For purposes of this section, the "edge of driveway" shall mean from the point of the driveway that is perpendicular to the street right of way, excluding any driveway expansion that is behind a sidewalk location that does not affect the width of the driveway approach or apron. (Ord. 16-07, 6-14-2016)
2. Corner Lots: The clear view area for corner lots is:
  1. Where curbs are installed, the clear view area shall include that portion of the corner lot lying within a triangular area formed by a diagonal line connecting lines located at the top back of the curbs extending from the intersection forty feet (40').
  2. Where no curb exists, the clear view area shall include that portion of the corner lot lying within a triangular area formed by a diagonal line connecting lines located at the property/right of way line twenty feet (20') from the intersection of said property/right of way line.
3. Double Frontage Corner Lots: Where the double fronted lot is also a corner lot (3 frontages), the clear view area across corner property required shall be enforced at street intersections at both front and rear of the lot.
Plantings, Generally: For purposes of this section hedges or similar plantings will be treated as a fence.
1. Shade trees or other plantings which project over any sidewalk shall be pruned clear of all branches between the ground and a height of seven feet (7') for that portion of the plant located over the sidewalk. Shade trees and plantings which project over any street or access road which may be used for emergency purposes, shall be trimmed to a height of thirteen feet six inches (13'6") from the grade of the street or access road.
2. Shrubbery, bushes, or other plantings within the park strip or other portions of the right of way, shall be trimmed so that they do not exceed the height of three feet (3'). (Ord. 13-06, 6-25-2013)
Plantings Within Clear View Areas: All plantings of trees, shrubs, or bushes shall be trimmed or pruned so that the shrubs or bushes do not exceed the height of three feet (3') above street level and so that trees are pruned clear of all branches between the ground and a height of seven feet (7'). These measurements are to be made from the top of back of curb, or where no curb exists, from the existing grade at the right of way line.
Fencing, Generally: No fence shall exceed six feet (6') in height without planning commission approval. No fence shall exist over eight feet (8') without an engineer's approval. No fencing shall be installed closer than one foot (1') from a public sidewalk. Where no sidewalk exists, no fencing shall be installed closer than one foot (1') from the right of way line. Fencing must be installed so as not to interfere with public utilities. Fencing must not be installed closer than two feet (2') from a water meter vault, and five feet (5') from a power pole, and two feet (2') from power meters.
1. Permit: Prior to the installation or construction of fencing on residentially zoned, residentially used, or commercial property, an application must be submitted to the city for review. If the application is found to be in compliance with this code, a permit will be issued. Upon receiving a permit, the fence may be installed. The issued permit must be retained on the premises for which the permit was issued until the fence is constructed and inspected for compliance with this section by a representative of the city.
2. Review: If the subject lot is of such a shape or configuration, or possesses other topographical conditions not contemplated by this section, it may be reviewed by the building official to determine whether the proposed fencing meets the intent of this section. If the applicant does not agree with the resolution proposed by the building official, the application will be reviewed by the planning commission. The commission's review is to determine whether the application meets the intent of this section. Any appeal from the commission is to the land use appeal authority. The land use appeal authority shall determine whether there is substantial evidence to support the commission's decision. Any conflict between this section and the clear view provisions shall be resolved in favor of the more strict provision.
3. Material: Fencing shall be made of a durable material such as chainlink, wood, vinyl, wrought iron, etc. Materials commonly used for temporary purposes, such as plastic, or material used for agricultural purposes, such as field fencing or barbed wire, shall not be used. Barbed wire and other field type fencing may be used in areas where zoning allows farm animals, if used for the purpose of keeping animals contained.
4. Front Yard: Fencing not exceeding three feet (3') in height is allowed in front yards.
  
  Exception: When a taller fence from a side yard or street side yard is transitioning to a front yard fence, this transition may be tapered down within the first ten feet (10') of the taller fence.
5. Side Yards, Street Side Yards, And Rear Yards: Fencing not exceeding six feet (6') in height is allowed in side yards, street side yards and rear yards.
  
  Exception: If the driveway to the main building is in the street side yard, fencing from the driveway edge, closest to the rear lot line, extending to the front, shall not exceed three feet (3') in height. (Ord. 16-07, 6-14-2016)
Signs: If a sign is permitted in the zoning district, it may be located in the clear view area where only the minimum necessary supports are visible to a height of not less than ten feet (10'). (Ord. 13-06, 6-25-2013)

10.20.090 PERMITTED TREES WITHIN PARK STRIPS AND ALONG FRONTAGES

The planting of any tree within a park strip shall be done in compliance with the following:
1. The tree shall be planted so it is centered between the curb and sidewalk;
2. The tree shall be located so as not to violate the clear view requirements of MCC 10.20.080;
3. The tree to be planted shall be a tree listed in table 4-3 of this section and designated based on the width of the park strip;
4. The tree shall be maintained to ensure proper clearance above the sidewalk and street, distance from overhead power lines, and so that its growth does not damage public improvements, such as curb, gutter, and sidewalk;
5. Before the planting of trees the adjacent property owner shall contact blue stakes or a utility locating company to locate underground utilities within the park strip; and
6. Trees shall be maintained in accordance with MCC 10.20.080, and so as not to become a nuisance, as defined in MCC 4.04.100.
The planting of any tree outside of a park strip along a lot's frontage is to be done in consideration of the tree's potential growth and its proximity to public improvements and others' property. The property owner is responsible for any damage caused or nuisance created by a tree or other foliage located on that property owner's property.
The planting or maintaining of a tree in accordance with this section does not alleviate the property owner of the liability or responsibility of any damage caused to public improvements or any other responsibility of owning or having control over the property on which the tree is located. Property owners are responsible for the damage caused to public improvements by vegetation on their property or planted by them or their predecessors in interest.

Common Name	Scientific Name	Mature Height/Spread	Drought Tolerance	Flowering	Fall Color	Growth Rate
Trees are in 3 - 5' park strip or if under power lines:
Crabapple	Malus species	20'/20'	Medium	*	Orange/red	Medium
Canada red	Prunus virginiana	25'/20'	High	*	Purple	Fast
Eastern redbud	Cercis canadensis	25'/25'	High	*	Bright orange	Medium
Flowering plum	Prunus cerasifera atropurpurea	20'/15'	Medium	*		Medium
Goldenrain tree	Koelreuteria paniculata	25'/20'	High	*		Fast
Hawthorn, Washington	Crataegus phaenopyrum	25'/25'	High	*	Pink/red	Medium
Japanese lilac	Syringa reticulata	25'/15'	Medium	*		Medium
Kwanzan cherry	Prunus serrulata	25'/20'	Medium	*	Dull yellow/orange	Fast
Maple, bigtooth	Acer grandidentatum	25'/15'	Medium		Orange/red	Slow
Maple, crimson sunset	Acer truncatum x A. platanoides; 'jfs-kw202'	35'/25'	Medium		Maroon to reddish bronze	Medium
Maple, Norwegian sunset	Acer truncatum x A. platanoides; 'keithsform'	35'/25'	Medium		Yellow, orange to red	Medium
Maple, pacific sunset	Acer truncatum x A. platanoides; 'warrenred'	30'/25'	Medium		Yellow, orange to red	Medium
Serviceberry	Amelanchier canadensis	25'/15'	Medium	*	Yellow/orange/ dusty red	Medium
Spring snow crabapple	Rosaceae malus	25'/20'	Medium	*	Yellow	Medium
Trees for 6' or larger park strips:
European hornbeam¹	Carpinus betulus	40'/30'	Medium		Bright yellow	Slow
Ginkgo or maidenhair tree¹	Ginkgo biloba - male	40'/30'	High		Bright yellow	Medium
Hackberry	Celtis occidentalis	60'/50'	High			Fast
Japanese zelkova	Zelkova serrata	60'/50'	High		Dull red/orange	Fast
Kentucky coffeetree	Gymnocladus dioicus	55'/35'	High		Yellow/orange	Medium
Linden, silver³	Tilia tomentosa	60'/40'	Medium	*		Medium
Maple, regal prince	Quercus robur; 'xbicolor long'	45'/15'	High		Yellow-orange	Medium
Maple, skyrocket	Quercus robur; 'Fastigiata'	45'/15'	High		Yellow-brown	Medium
Musashino columnar zelkova	Zelkova serrata; 'musashino'	45'/15'	Medium		Yellow-red, rusty red	Fast
Ussurian pear^1,3	Pyrus ussuriensis	40'/30'	High	*	Dull red/purple	Medium

Notes:
1. Suitable for planting in tree grates.
2. Shall not be planted under power lines.
3. Trees with fruit; the fruit shall be cleaned off sidewalks.

(Ord. 16-09, 10-11-2016)

Morgan City Zoning Code

CHAPTER 10

20 LANDSCAPING AND FENCING

10.20.010 PURPOSE

10.20.020 APPLICATION OF REQUIREMENTS

Minimum Requirements: The requirements of this chapter shall be considered a minimum, except in those cases where otherwise noted (i.e., specified ranges or specific numbers). This requirement shall take effect when building permits are required for the following situations:
1. All new construction on vacant parcels for commercial, office, industrial or multiple-family residential projects.
2. Any substantial modification to an existing site or structure in which the estimated construction cost is greater than fifty thousand dollars ($50,000.00) in either a single application or any number of applications within a ten (10) year period.
Landscaping Percentage Retained; Exception: The required landscaping percentage shall be strictly followed; however, the planning commission may lessen the percentage requirement after the petitioner has presented justification for a lesser percentage. Exceptions should be based on a physical hardship associated with the property and should be limited in their application. (Ord. 021103, 2-11-2003)

10.20.030 COMPLETION GUARANTEES

10.20.040 TRANSITIONAL LANDSCAPING AND FENCING

Required: Transitional landscaping and fencing shall be provided in accordance with the landscape/fencing requirements included in this chapter.
Provided Within District: The landscaping/fencing shall be provided within the zoning district and on the lot or use proposed for development or redevelopment where it is adjacent to land used or zoned for less intense land uses.
First Phase Installation: All transitional landscaping and fencing shall be installed with the first phase of construction.
Moderate Irrigation, Low Maintenance: Trees and shrubs with a low to moderate irrigation need are encouraged, as well as low maintenance landscaping.
Tree Size And Height: Deciduous trees shall have a two inch (2") caliper trunk measured at a height of forty eight inches (48") and coniferous trees shall be balled and burlapped and a minimum of forty eight inches (48") in height. All heights to be measured from the finished landscape surface.
Buffer Required Between Density Changes: When commercial, office, industrial and medium density residential developments are proposed adjacent to low density residential land uses, a transitional landscape area shall be required that consists of a minimum of an unbroken strip of open space, ten feet (10') wide and planted with the following: one large evergreen tree or deciduous, dense canopied tree every twenty (20) linear feet with a maximum mature height of twenty five feet (25'). Other shrubbery and plantings shall also be included in this buffer area.
Fences: Fencing shall be generally located between the required landscape buffer and the adjacent property.
1. All fence heights as required shall be measured on the side of the fence with the highest finished grade, including proposed finished grades with new development.
2. In certain unusual circumstances of topography, or to alleviate specific problems, i.e., the blocking of glare, muting of noise, etc., the planning commission may require the use of an earth berm or more specialized fence material or fence height in lieu of, or in combination with, any of the fence types. (Ord. 021103, 2-11-2003)
3. Unless waived under MCC 10.20.050C, fencing shall be required for all residential development adjacent to an agricultural use or property with a zoning designation that allows or permits agricultural operations.
  1. The fencing shall be installed along the entire boundary between the residential and agricultural properties, and shall be a six foot (6') chainlink fence with a concrete mow strip at least twelve inches (12") wide and six inches (6") deep, except as otherwise approved by the city council, upon recommendation from the planning commission.
  2. This fencing shall be installed at the conclusion of the rough grading, but not later than thirty (30) days after the issuance of the development permit.
  3. Any extension to this time limit may be granted by the building official in limited circumstances. In requesting an extension an applicant must submit a grading plan and demonstrate that, based on topography or other unique features of the property, the required time period cannot be met. Further, no such extension will be granted unless the applicant posts a bond in an amount sufficient to construct the required fencing, and is the owner of the property on each side of the property line upon which the fence is to be installed. If such an extension is granted, a specific time period will be established. However, no building permit shall be released for the development until the required fencing has been installed.
  4. Fencing shall not be required of a residential development along any of its boundaries with existing residentially developed property. For purposes of this section, in addition to its commonly understood meaning, "existing residentially developed property" shall include property for which residential development has been approved, the development permit has been issued, and initial grading or other activities have been initiated on the property. (Ord. 06-04, 4-25-2006)
Clear View: All fencing and landscaping shall be in compliance with MCC 10.20.080, which defines "clear view".
Installation: Any wall or fence that is required by the planning commission or city staff shall be installed according to the manufacturer's specifications or in accordance with best engineering practices. Any masonry wall that is required over four feet (4') in height shall be certified as structurally sound by an engineer licensed to practice in the state. All required chainlink fences shall be constructed according to the following minimum standards: 11-gauge wire mesh; two inch (2") line posts; three and one-half inch (31/2") terminal and corner posts; all posts to be spaced at not more than ten feet (10'); all posts shall be placed in a concrete footing to a depth of not less than eighteen inches (18"); a top rail or tension wire; tension bars at corner and terminal posts; all parts are to be of galvanized steel. The minimum standards for the posts and the mesh may be required to be increased if slatting is also required. (Ord. 021103, 2-11-2003)

10.20.050 LANDSCAPE BUFFER AND FENCING MODIFICATIONS AND WAIVERS

Permitted; Conditions: Where the provisions of this chapter would reduce the usable area of a lot due to lot configuration or size to a point which would preclude a reasonable use of the lot, landscape buffer and fencing may be waived or modified by the planning commission where the intent of this chapter has been met through the combination of structural and landscape design techniques.
Modification: The landscape buffer may be modified where the building, fencing and/or the land between that building and the property line has been specifically designed to minimize adverse impact through a combination of structural and landscape design techniques.
Similar Uses: The landscape buffer and fencing requirements may be waived or modified where the adjacent land is designated on the zoning map or in the adopted master plan for a use similar to that of the parcel under site plan consideration. In situations where a petitioner is requesting that required fencing be waived or modified on residential developments adjacent to agricultural uses and/or zoning districts the following criteria must apply:
1. The adjacent agricultural property must have all the infrastructure (roads, sewer, water, storm sewer, etc.) necessary for development; or
2. The topography or vegetation of the adjacent property would make a fence ineffective or cause a hardship if the developer is required to fence the property.
3. The petitioner must have a proposal of the type of fencing and be prepared to present this to the planning commission.
Adjoining Public Purpose Use: The landscape buffer and fencing requirements may be modified where the adjoining property is used for any public purpose other than a school or hospital.
Adjoining Conditional Uses: The landscape buffer and fencing requirements may be modified where adjacent residential property is used for any conditional use, except nursery schools, daycare centers, and schools of general and special education.
Topography Consideration: The fencing requirement may be waived or modified where the topography of the lot providing the fencing and the lot being protected is such that a fence would not be effective.
Public Use With Minimum Impact: The landscape buffer and fencing requirement may be modified for any public use when such has been specifically designed to minimize adverse impact on adjacent properties. (Ord. 021103, 2-11-2003)

10.20.060 STREET FRONTAGE LANDSCAPE STRIP; R-M, C AND M ZONES

All properties in R-M and C zones shall provide a landscape strip along the entire frontage, with the exception of those areas necessary for pedestrian and vehicular access, of all public streets. This strip shall be located between the edge of the sidewalk or public street right of way line where no sidewalk exists, and the parking area or structure. Twenty five percent (25%) of the strip shall include grass and there shall be one evergreen or shade tree every fifty feet (50') of frontage or portion thereof greater than twenty five feet (25'). The landscape strip width shall be a minimum of eight feet (8') wide.
All properties within the M zone shall provide a landscape strip along the entire frontage, with the exception of those areas necessary for pedestrian and vehicular access, of all public streets. This strip shall be located behind the sidewalk. When there is no sidewalk, the area that would have been occupied by the sidewalk will be occupied with landscaping which is to be installed in a similar manner as the landscape strip and the park strip.

Twenty five percent (25%) of the landscape strip shall include grass and shrubbery. The landscape strip shall be a minimum of three feet (3') in width.

The park strip within all M zones shall be ten feet (10') in width and shall be landscaped, with a minimum of twenty five percent (25%) of the park strip being grass, and there shall be one evergreen or shade tree every twenty five feet (25') of frontage or portion thereof greater than twelve feet (12').

It is the purpose of this subsection to require that the combined park strip and landscape strip extend from the back of curb a distance of seventeen feet (17') into the property, regardless of the existence or waiver of the sidewalk. (Ord. 16-06, 6-14-2016)

10.20.070 LANDSCAPED PARK STRIP; SPECIFIED ZONES

Commercial, Manufacturing Or Multiple-Family Zones: The park strip, in any commercial, manufacturing or multiple-family residential zone, between any public street and private property shall be landscaped with grass and plantings permitted by this chapter. Maintenance of this area shall be the responsibility of the abutting property owner. This landscaping shall not be counted as part of the required percentage of landscaping for each private property.
Agricultural And Single-Family Zones: In agriculture and single-family residential zoning districts, the park strip may be landscaped with grass and other plantings as permitted by this chapter. In addition, materials such as brick pavers, concrete pavers, stamped concrete, decorative rocks, bark, ground covers, shrubs, and seasonal flowers, may be used as long as the park strip is maintained in a healthy, safe, attractive and nuisance free condition. All plant materials and trees shall be in compliance with the "clear view" requirements of MCC 10.20.080. Asphalt shall not be permitted in the park strip area.
Public Utilities With Easements In Park Strip Area: In the case where public entities with utility easements in the park strip area are required to perform maintenance or repairs, the entity must replace all live plant material after maintenance and repair work is completed. However, if the park strip area contains impervious hard surfaces as listed in subsection B of this section, the abutting property owner shall be responsible for replacement of such materials upon completion of maintenance or repairs.
Maintenance: Appropriate measures shall be taken by abutting property owners to water and trim all live plant materials, and keep the park strip weed free. (Ord. 021103, 2-11-2003)

10.20.080 SCREENING, FENCE REQUIREMENTS; PERMIT CLEAR VIEW

Clear View Areas Generally: It is unlawful to place any obstruction within the clear view area, except as provided herein. The clear view areas are as follows:
1. Driveways: The clear view areas for driveways is that triangular area bounded by lines drawn from a point on each edge of the driveway set back fifteen feet (15') from the front property line, to points at the property line in front of the property, thirty feet (30') either side of each edge of the driveway for all streets, excepting 700 East and State Streets, which shall be forty feet (40'). For purposes of this section, the "edge of driveway" shall mean from the point of the driveway that is perpendicular to the street right of way, excluding any driveway expansion that is behind a sidewalk location that does not affect the width of the driveway approach or apron. (Ord. 16-07, 6-14-2016)
2. Corner Lots: The clear view area for corner lots is:
  1. Where curbs are installed, the clear view area shall include that portion of the corner lot lying within a triangular area formed by a diagonal line connecting lines located at the top back of the curbs extending from the intersection forty feet (40').
  2. Where no curb exists, the clear view area shall include that portion of the corner lot lying within a triangular area formed by a diagonal line connecting lines located at the property/right of way line twenty feet (20') from the intersection of said property/right of way line.
3. Double Frontage Corner Lots: Where the double fronted lot is also a corner lot (3 frontages), the clear view area across corner property required shall be enforced at street intersections at both front and rear of the lot.
Plantings, Generally: For purposes of this section hedges or similar plantings will be treated as a fence.
1. Shade trees or other plantings which project over any sidewalk shall be pruned clear of all branches between the ground and a height of seven feet (7') for that portion of the plant located over the sidewalk. Shade trees and plantings which project over any street or access road which may be used for emergency purposes, shall be trimmed to a height of thirteen feet six inches (13'6") from the grade of the street or access road.
2. Shrubbery, bushes, or other plantings within the park strip or other portions of the right of way, shall be trimmed so that they do not exceed the height of three feet (3'). (Ord. 13-06, 6-25-2013)
Plantings Within Clear View Areas: All plantings of trees, shrubs, or bushes shall be trimmed or pruned so that the shrubs or bushes do not exceed the height of three feet (3') above street level and so that trees are pruned clear of all branches between the ground and a height of seven feet (7'). These measurements are to be made from the top of back of curb, or where no curb exists, from the existing grade at the right of way line.
Fencing, Generally: No fence shall exceed six feet (6') in height without planning commission approval. No fence shall exist over eight feet (8') without an engineer's approval. No fencing shall be installed closer than one foot (1') from a public sidewalk. Where no sidewalk exists, no fencing shall be installed closer than one foot (1') from the right of way line. Fencing must be installed so as not to interfere with public utilities. Fencing must not be installed closer than two feet (2') from a water meter vault, and five feet (5') from a power pole, and two feet (2') from power meters.
1. Permit: Prior to the installation or construction of fencing on residentially zoned, residentially used, or commercial property, an application must be submitted to the city for review. If the application is found to be in compliance with this code, a permit will be issued. Upon receiving a permit, the fence may be installed. The issued permit must be retained on the premises for which the permit was issued until the fence is constructed and inspected for compliance with this section by a representative of the city.
2. Review: If the subject lot is of such a shape or configuration, or possesses other topographical conditions not contemplated by this section, it may be reviewed by the building official to determine whether the proposed fencing meets the intent of this section. If the applicant does not agree with the resolution proposed by the building official, the application will be reviewed by the planning commission. The commission's review is to determine whether the application meets the intent of this section. Any appeal from the commission is to the land use appeal authority. The land use appeal authority shall determine whether there is substantial evidence to support the commission's decision. Any conflict between this section and the clear view provisions shall be resolved in favor of the more strict provision.
3. Material: Fencing shall be made of a durable material such as chainlink, wood, vinyl, wrought iron, etc. Materials commonly used for temporary purposes, such as plastic, or material used for agricultural purposes, such as field fencing or barbed wire, shall not be used. Barbed wire and other field type fencing may be used in areas where zoning allows farm animals, if used for the purpose of keeping animals contained.
4. Front Yard: Fencing not exceeding three feet (3') in height is allowed in front yards.
  
  Exception: When a taller fence from a side yard or street side yard is transitioning to a front yard fence, this transition may be tapered down within the first ten feet (10') of the taller fence.
5. Side Yards, Street Side Yards, And Rear Yards: Fencing not exceeding six feet (6') in height is allowed in side yards, street side yards and rear yards.
  
  Exception: If the driveway to the main building is in the street side yard, fencing from the driveway edge, closest to the rear lot line, extending to the front, shall not exceed three feet (3') in height. (Ord. 16-07, 6-14-2016)
Signs: If a sign is permitted in the zoning district, it may be located in the clear view area where only the minimum necessary supports are visible to a height of not less than ten feet (10'). (Ord. 13-06, 6-25-2013)

10.20.090 PERMITTED TREES WITHIN PARK STRIPS AND ALONG FRONTAGES

The planting of any tree within a park strip shall be done in compliance with the following:
1. The tree shall be planted so it is centered between the curb and sidewalk;
2. The tree shall be located so as not to violate the clear view requirements of MCC 10.20.080;
3. The tree to be planted shall be a tree listed in table 4-3 of this section and designated based on the width of the park strip;
4. The tree shall be maintained to ensure proper clearance above the sidewalk and street, distance from overhead power lines, and so that its growth does not damage public improvements, such as curb, gutter, and sidewalk;
5. Before the planting of trees the adjacent property owner shall contact blue stakes or a utility locating company to locate underground utilities within the park strip; and
6. Trees shall be maintained in accordance with MCC 10.20.080, and so as not to become a nuisance, as defined in MCC 4.04.100.
The planting of any tree outside of a park strip along a lot's frontage is to be done in consideration of the tree's potential growth and its proximity to public improvements and others' property. The property owner is responsible for any damage caused or nuisance created by a tree or other foliage located on that property owner's property.
The planting or maintaining of a tree in accordance with this section does not alleviate the property owner of the liability or responsibility of any damage caused to public improvements or any other responsibility of owning or having control over the property on which the tree is located. Property owners are responsible for the damage caused to public improvements by vegetation on their property or planted by them or their predecessors in interest.

Common Name	Scientific Name	Mature Height/Spread	Drought Tolerance	Flowering	Fall Color	Growth Rate
Trees are in 3 - 5' park strip or if under power lines:
Crabapple	Malus species	20'/20'	Medium	*	Orange/red	Medium
Canada red	Prunus virginiana	25'/20'	High	*	Purple	Fast
Eastern redbud	Cercis canadensis	25'/25'	High	*	Bright orange	Medium
Flowering plum	Prunus cerasifera atropurpurea	20'/15'	Medium	*		Medium
Goldenrain tree	Koelreuteria paniculata	25'/20'	High	*		Fast
Hawthorn, Washington	Crataegus phaenopyrum	25'/25'	High	*	Pink/red	Medium
Japanese lilac	Syringa reticulata	25'/15'	Medium	*		Medium
Kwanzan cherry	Prunus serrulata	25'/20'	Medium	*	Dull yellow/orange	Fast
Maple, bigtooth	Acer grandidentatum	25'/15'	Medium		Orange/red	Slow
Maple, crimson sunset	Acer truncatum x A. platanoides; 'jfs-kw202'	35'/25'	Medium		Maroon to reddish bronze	Medium
Maple, Norwegian sunset	Acer truncatum x A. platanoides; 'keithsform'	35'/25'	Medium		Yellow, orange to red	Medium
Maple, pacific sunset	Acer truncatum x A. platanoides; 'warrenred'	30'/25'	Medium		Yellow, orange to red	Medium
Serviceberry	Amelanchier canadensis	25'/15'	Medium	*	Yellow/orange/ dusty red	Medium
Spring snow crabapple	Rosaceae malus	25'/20'	Medium	*	Yellow	Medium
Trees for 6' or larger park strips:
European hornbeam¹	Carpinus betulus	40'/30'	Medium		Bright yellow	Slow
Ginkgo or maidenhair tree¹	Ginkgo biloba - male	40'/30'	High		Bright yellow	Medium
Hackberry	Celtis occidentalis	60'/50'	High			Fast
Japanese zelkova	Zelkova serrata	60'/50'	High		Dull red/orange	Fast
Kentucky coffeetree	Gymnocladus dioicus	55'/35'	High		Yellow/orange	Medium
Linden, silver³	Tilia tomentosa	60'/40'	Medium	*		Medium
Maple, regal prince	Quercus robur; 'xbicolor long'	45'/15'	High		Yellow-orange	Medium
Maple, skyrocket	Quercus robur; 'Fastigiata'	45'/15'	High		Yellow-brown	Medium
Musashino columnar zelkova	Zelkova serrata; 'musashino'	45'/15'	Medium		Yellow-red, rusty red	Fast
Ussurian pear^1,3	Pyrus ussuriensis	40'/30'	High	*	Dull red/purple	Medium

Notes:
1. Suitable for planting in tree grates.
2. Shall not be planted under power lines.
3. Trees with fruit; the fruit shall be cleaned off sidewalks.

(Ord. 16-09, 10-11-2016)