The purpose of this article is to enhance the appearance of the City by improving the quality of landscaping, buffering and screening at commercial, institutional, and industrial properties. Criteria and standards are provided to ensure that building sites and off-street parking areas are sufficiently landscaped to protect and preserve the appearance, character and value of surrounding properties and public rights-of-way, thereby promoting the general welfare, safety, and aesthetic quality of the City.

(Code 1977, § 20.23(1))

The provisions of this article shall apply to any developments allowed as a permitted use, as a permitted use requiring conditional site plan approval, or as a special use in the C-1, C-2, I-1, I-2, PDD-Planned Development, and CH-Community Health districts, and to any developments allowed as a special use in the R-1, R-2, M-1 and M-2 Districts. Any developments occurring on vacant land shall be in full compliance with the provisions of this article. Existing occupied developments that do not conform with the provisions of this article may be continued until such time that any of the following occur: the gross floor area of the building is increased by more than ten percent or 5,000 square feet, whichever is less, necessitating application of the frontage landscaping, bufferyard landscaping, and screening requirements; a change in use of the building necessitates application of the bufferyard landscaping, and screening requirements; an increase in the number of parking or loading spaces beyond the number currently existing necessitates application of the perimeter landscaping, interior landscaping, and screening requirements in the area occupied by the newly created spaces. Before an existing vacant development can be occupied, the provisions of this section must be met, to the extent that all other standards and requirements of this Zoning Code can be maintained on the site.

(Code 1977, § 20.23(2))

A landscape plan is required in conjunction with site plans and must be submitted with each application for a building permit. The landscape plan shall be filed for review and approval with the Department of Community Development, along with submittal of a review fee as established by the Common Council. The Department of Community Development shall review, add conditions as appropriate, and approve the landscape plan. A building permit may only be issued after the Department of Community Development approves the landscape plan. In the event of an unresolved dispute or the filing of an appeal over the decision of the Department of Community Development, the subject landscape plan shall be forwarded to the Plan Commission for final action.

(Code 1977, § 20.23(3))

Landscape plans submitted for review shall be drawn to an appropriate scale and shall include at a minimum the following information:

(1)

The name and address of owner/developer, and name of landscape architect/designer;

(2)

Date of plan preparation, date and description of all plan revisions, name of project or development, scale of plan, and north marker;

(3)

The location of all lot lines, locations of all existing and proposed easements and rights-of-way, and elevation, topography, and cross-section detail determined necessary by the Department of Community Development;

(4)

The location of all existing and proposed structures, parking and loading areas, parking spaces (numbered), driveways, sidewalks, ground signs, refuse disposal areas, fences, freestanding electrical and other utility equipment, and other site improvement features as determined necessary by the Department of Community Development;

(5)

The location and contours at one-foot intervals, of all proposed berms;

(6)

The location, caliper size, and species (common and botanical name) of all existing plant material on the site and designation of intended treatment (save, move, remove);

(7)

The location, caliper size at planting and species (common and botanical name) of all proposed plant materials, and location and description of all ground cover and turf grasses;

(8)

A schedule of all new plants proposed for planting, and those existing plants that will be saved, including size (caliper, height, container size, etc.), condition (bare-root, balled-and-burlapped, container-grown, or pre-existing), planned installation date, and common and botanical names (genus, species, and variety);

(9)

A schedule itemizing the total square foot area of off-street parking, the number of off-street parking spaces, the number and square foot area of each interior island and peninsula.

(Code 1977, § 20.23(4))

Landscaping required under this section shall be of five types as specified below: frontage landscaping, perimeter landscaping, interior landscaping, buffer yard landscaping, and screening requirements.

(1)

Frontage landscaping. A minimum ten-foot wide strip extending along the lot adjacent to all road right-of-way shall be landscaped as described below:

a.

Frontage landscape strips required in R-1, R-2, M-1, M-2, C-1, C-2, I-1/Commercial, PDD and CH Zoning Districts shall be planted with a minimum of one shade tree and six shrubs per 40 linear feet of frontage, excluding driveway openings.

b.

Frontage landscape strips required in I-1/Industrial and I-2 zoning districts shall be planted with a minimum of one shade tree and three shrubs per 40 linear feet of frontage, excluding driveway openings.

c.

Where off-street parking spaces are located between the frontage landscape strip and any buildings on the lot, combinations of trees, shrubs and berms shall create natural screening which is 80 percent impervious to sight to a height of three feet above the parking lot grade.

d.

Where it is deemed appropriate or desirable to construct a berm in the frontage landscape strip in order to restrict view and/or to absorb noise, the Plan Commission can require this option for a landscape plan in any of the zoning districts. The slope of the berm shall not exceed 33 percent (3:1) if the ground cover requires mowing. The berm shall be planted with a minimum of one shade tree and three shrubs per 40 linear feet of frontage, excluding driveway openings.

(2)

Perimeter landscaping. The perimeter of any proposed parking lot that is adjacent to a side or rear lot line shall be landscaped or described below. For purposes of this section, a parking lot shall be considered adjacent to a side or rear lot line when any part of it is within 30 feet of the lot line and no building is located between the parking lot and the lot line.

a.

Perimeter landscape strips required in R-1, R-2, M-1, M-2, C-1, C-2, I-1/Commercial, PDD and CH zoning districts shall be a minimum of five feet wide and shall be planted with a minimum of one shade tree and three shrubs per 40 linear feet of parking lot perimeter adjacent to a lot line.

b.

Perimeter landscape strips required in I-1/Industrial and I-2 zoning districts shall be a minimum of five feet wide and shall be planted with a minimum of one shade tree per 40 linear feet of parking lot perimeter adjacent to a lot line.

Where both a perimeter landscape strip and a bufferyard strip are called for along the same lot line, the more restrictive bufferyard requirements shall be met.

(3)

Interior landscaping. Curbed planting islands or peninsulas shall be provided in off-street parking areas as described below:

a.

Parking spaces must be separated by a planting island or peninsula at the rate of one island/peninsula for each row of 12 consecutive parking spaces for single row configurations, or for each 24 consecutive parking spaces in double row configurations.

b.

Each island or peninsula shall be at least 180 square feet in area for single row configurations, and 360 square feet in area for double row configurations.

c.

One tree shall be planted in each island or peninsula, or with ten feet of the periphery of the parking area.

d.

Where practicable, islands and peninsulas shall be placed at the ends of parking rows or along designated pedestrian circulation areas. Planted boulevards within off-street parking areas may be considered as an alternative to islands and peninsulas.

(4)

Buffer yard landscaping. Any commercial, institutional, or industrial use that shares a common side or rear yard lot line with a residentially zoned or used property shall provide a landscaped bufferyard along the full length of the common lot line to afford protection to the residential uses from the glare of lights, from visual encroachment, and from the transmission of noise. Required buffer yards shall be landscaped as described below. Combinations of trees, shrubs, berms and fences shall create screening which is 100 percent impervious to sight.

a.

Buffer yards required for commercial and institutional developments shall be a minimum of ten feet wide and shall be planted with ten evergreen trees, three shade trees, five ornamental trees and 25 shrubs per 100 linear feet. As an alternative to these bufferyard landscaping requirements, a six-foot high sight-tight fence may be constructed near the lot line, with the remainder of the required bufferyard planted with a minimum of two shade trees and five evergreen trees per 100 linear feet.

b.

Buffer yards required for industrial developments shall be a minimum 25 feet wide and shall be planted with 15 evergreen trees, three shade trees, and five ornamental trees per 100 linear feet. As an alternative to these bufferyard landscaping requirements, an eight-foot high sight-tight fence may be constructed near the lot line, with the remainder of the required bufferyard planted with a minimum of two shade trees and five evergreen trees per 100 linear feet.

c.

The required bufferyard shall be a greenspace where no portion of a building, parking, driving, loading, or storage area may be located.

(5)

Screening requirements. The intent of these requirements is to provide a visual screen around service, storage, and trash collection areas contained within commercial, institutional and industrial properties. At the time of installation or planting, screening materials must be 80 percent impervious to sight, and be sufficiently high and long to accomplish the desired blockage of view yearround.

a.

All loading areas on commercial and institutional properties that consist of two or more loading spaces, loading docks, vehicular lanes providing access to same, and other service and maintenance areas shall be screened from view to all adjacent residential uses and zoning districts, and from all adjacent road right-of-way. Screening materials may consist of the following:

1.

A six-foot high sight-tight fence or wall; or

2.

An evergreen screen of minimum six-foot high evergreen trees or shrubs, in a double staggered row to achieve 100 percent screening.

b.

All exterior storage in refuse disposal areas, trash collection dumpsters, and trash pads on commercial, institutional and industrial properties shall be located and oriented to be as inconspicuous as possible. They shall be screened from view to all adjacent properties, all adjacent road right-of-way, and if located within commercial and institutional developments, from view to on-site entrance drives and parking areas. Screening materials may consist of the following:

1.

A six-foot high sight-tight fence or wall; or

2.

An evergreen screen (height, spacing, and variety to be determined and approved by the Department of Community Development).

(Code 1977, § 20.23(5); Ord. No. 2013-5, § 7, 2-20-2013)

Plant materials provided in conformance with the requirements of this article shall be equal to or better in quality than the standards of the American Association of Nurserymen. A list of acceptable plant materials is on file with the Department of Community Development. The minimum size of plant materials that shall satisfy the requirements of this section are as follows:

(1)

Shade tree, 2½-inch caliper.

(2)

Ornamental tree, 1½-inch caliper.

(3)

Evergreen tree, five-foot height.

(4)

Shrub, 18—24-inch height or spread.

(Code 1977, § 20.23(6))

To meet unique site design conditions or to overcome obstructions, conflicts or other factors, the Department of Community Development may approve planting substitutions as described below:

(1)

Two ornamental trees may be substituted in place of one shade tree.

(2)

Two evergreen trees may be substituted in place of one shade tree.

(3)

One evergreen tree may be substituted in place of five shrubs.

(4)

One shade tree may be substituted in place of ten shrubs.

While plant materials should generally be distributed proportionately on the lot in accordance with the standards of this section, the Department of Community Development can require alterations and variations in the planting pattern, on a case-by-case basis, to maximize the effectiveness of the installed landscaping.

(Code 1977, § 20.23(7))

All landscaping, buffering, and screening improvements required under this section must be completed on a schedule approved by the Department of Community Development. Within 30 days of the installation of plant materials, the owner/developer shall submit written certification to the Department of Community Development that healthy plant materials were properly installed in accordance with the approved landscape plan.

(Code 1977, § 20.23(8))

The owner of the lot on which landscaping has been provided shall be responsible for protecting and maintaining all plant materials and landscape areas in a healthy and growing condition and shall be responsible for keeping them free from refuse, debris, and weeds. Failure to maintain or replace dead or diseased plant materials during the next appropriate planting period shall constitute a violation of the provisions of this Zoning Code and shall be subject to the penalty provisions of Section 26-28.

(Code 1977, § 20.23(9))