A.

The purpose of this Chapter is to promote the public health, safety and welfare by establishing minimum standards for the design, installation and maintenance of landscaping in parking lots, as greenbelts between uses and along roadways, and adjacent to buildings. Landscaping is considered by the City to be an important element of land development which is a critical factor in maintaining an attractive community character, minimizing the potential adverse impacts of certain uses upon adjacent uses, and conserving the value of land and buildings in the City.

B.

This ordinance is also intended to improve and enhance the character of the site; screen or filter views, where necessary; help unify the various parts of the site; blend inharmonious land uses; buffer incompatible uses; moderate harsh or unpleasant sounds; remove air pollutants; control glare and reflection; slow the effects of erosive winds or water and promote storm water retention, thereby helping to prevent flooding; assist in directing safe and efficient traffic flow at driveways and within parking lots; ensure adequate sight distance; reduce the impacts of glare from headlights; and distinguish and separate vehicular and pedestrian circulation.

C.

The landscape standards of this chapter are considered the minimum necessary to achieve the objectives noted above. In several instances, the standards are intentionally flexible to encourage flexibility and creative design. Applicants are encouraged to provide additional landscaping to improve the function, appearance and value of their property.

The standards contained in this Chapter shall be applicable to any site plan or special land use request which is submitted for review and approval by the Planning Commission, subject to the following limitations:

For existing and proposed uses which require site plan approval to either expand or be built, landscaping as noted herein shall be installed insofar as practical.

A.

Landscaping shall be installed within one hundred eighty (180) days of occupancy of the building or structure unless a longer period is permitted in writing by the Zoning Administrator.

B.

All landscaping shall be hardy plant materials and shall be maintained thereafter in a neat, healthy and orderly manner. Withered and/or dead plant materials shall be replaced within a reasonable period of time but not longer than one (1) growing season.

C.

For the purposes of this Chapter, a corner lot is considered as having front yards along each street and the appropriate landscaping shall be provided for both.

D.

The use of cobblestones, crushed stones, or other non-living materials as a ground cover shall be minimized.

E.

Trees and shrubs in a buffer zone and in front yards shall be arranged in informal groupings and irregular spacing, to simulate a natural setting, unless site specific conditions are such that a more formal arrangement is preferred, as determined by the Planning Commission.

F.

All plant materials shall be installed so as not to alter drainage patterns on the site or on adjacent properties.

G.

Landscaping in the Principal Shopping District (PSD) is subject to prior review by the Principal Shopping District Board and approval by the Planning Commission to ensure consistency with the remainder of the PSD. Considerations for consistency include tree and plant selections as well as hardscape (i.e., retaining walls, concrete flatwork, etc.) materials.

A.

A buffer zone shall be required on the subject lot or parcel along the boundary between adjoining lands in different zoning districts as indicated in Table 6-1.

B.

Buffer zone requirements shall not apply where adjacent zoning districts are separated by a public street. In such case, the front yard landscaping requirements of this Chapter shall apply.

C.

A buffer zone shall be required, even if the abutting parcel is unimproved land.

Table 6-1 Landscape and Buffer Zone Requirements

*Read from subject zone across to adjacent zone. Landscaping is required to be placed in the subject zone only.

(1)

Buffer Zone Level A shall meet the following requirements:

a.

Thirty (30) foot minimum width.

b.

Equivalent of one (1) canopy tree per thirty (30) linear feet or fraction of buffer zone length.

c.

Six (6) foot high continuous sight-obscuring screen composed of evergreen plant material, berming, walls or fences, or any combination approved by the Planning Commission.

d.

If berming is used for any part of the buffer, all required plant material shall be placed on the top and side slope facing the exterior property line.

e.

If a wall or fence is used for any part of the buffer, a minimum of four (4) shrubs are required per twenty (20) linear feet of wall or fence, with at least fifty (50) percent of all such plant material being at least twenty-four (24) inches high at time of planting.

f.

All areas within the buffer zone which do not contain trees or planting beds shall be covered with grass or other living ground cover.

g.

All other applicable standards of this section shall be met.

h.

All plant material shall meet the minimum requirements of Sec. 6.06.

(2)

Buffer Zone Level B shall meet the following requirements:

a.

Twenty (20) foot minimum width.

b.

Equivalent of one (1) tree per forty (40) linear feet or fraction of buffer zone length. Two-thirds (2/3) of all required trees shall be evergreen and the balance shall be deciduous.

c.

Three (3) foot high continuous sight-obscuring screen composed of plant material, berming, walls or fences, or any combination approved by the Planning Commission.

d.

If berming is used for any part of the buffer, it shall contain one (1) shrub for each ten (10) feet of berm length. All required plant material shall be placed on the top and side slope facing the exterior property line.

e.

If a wall or fence is used for any part of the buffer, a minimum of one (1) shrub per ten (10) feet of fence or wall shall be placed along the exterior side. At least fifty (50) percent of all such plant material shall be at least twenty-four (24) inches high at time of planting.

f.

All areas within the buffer zone which do not contain trees or planting beds shall be covered with grass or other living ground cover.

g.

All other applicable standards of this Section shall be met.

h.

All plant material shall meet the minimum requirements of Sec. 6.06.

(3)

Buffer Zone Level C shall meet the following requirements:

a.

Ten (10) foot minimum width;

b.

Equivalent of one (1) tree per fifty (50) linear feet or fraction of buffer zone length. At least forty (40) percent of the total number of required trees shall be evergreen trees.

c.

Three (3) foot high continuous sight-obscuring screen composed of plant material, berming, walls or fences, or any combination approved by the Planning Commission.

d.

If berming is used for any part of the buffer, it shall contain one (1) shrub for each ten (10) feet of berm length. All required plant material shall be placed on the top and side slope facing the exterior property line.

e.

If a wall or fence is used for any part of the buffer, a minimum of one (1) shrub per ten (10) feet of fence or wall shall be placed along the exterior side. At least fifty (50) percent of all such plant material shall be at least twenty-four (24) inches high at time of planting.

f.

All areas within the buffer zone which do not contain trees or planting beds shall be covered with grass or other living ground cover.

g.

All other applicable standards of this Section shall be met.

h.

All plant material shall meet the minimum requirements of Sec. 6.06.

All parking areas shall be landscaped according to the following minimum requirements.

A.

One (1) Canopy tree for every ten (10) parking spaces, with a minimum of two (2) trees, shall be planted adjacent to or within the parking area.

B.

Parking lots shall contain individual curbed landscape islands throughout the parking lot. Each island shall be a minimum of eighteen (18) feet wide and three hundred twenty-four (324) square feet in area. Each island shall be planted with a minimum of two (2) trees to provide shade and to break up the visual monotony of large asphalt covered areas. Plantings shall be at least three (3) feet from the edge of the island to avoid contact with vehicles.

C.

Landscaping shall be arranged so as not to obscure traffic signs, site lighting or fire hydrants, or obstruct drivers' sight distance within the parking area and at driveway entrances.

D.

All landscape areas shall be protected by raised curbs, parking blocks or other similar methods.

E.

Where any parking area, excepting such areas serving one (1) or two (2) family dwellings, abuts or faces a public right-of-way, a three (3) foot high continuous obscuring screen shall be required between the parking area and the public road right-of-way line. The screen may be comprised of plant material, berming, or any combination of these elements.

F.

Landscaping required for buffer zones and front yard landscaping which abuts parking area may apply toward up to fifty percent (50%) of the required parking lot landscaping.

A.

Minimum plant size at time of planting:

B.

Minimum Standards for Berms:

(1)

Wherever a berm is used to meet the minimum requirements of this Chapter, it shall have a minimum height of three (3) feet and a maximum height of five (5) feet above grade.

(2)

Berms shall be constructed so as to maintain side slopes not to exceed a one (1) foot vertical rise to three (3) feet horizontal distance ratio.

(3)

Berm areas not containing plants shall be covered with grass or other living ground cover.

(4)

Berms shall be constructed so as not to alter drainage patterns on-site or on adjacent properties.

C.

Minimum Standards for Screen Walls and Fences:

(1)

All screen walls and fences shall be constructed of new, durable, weather resistant and easily maintainable materials. Chain link fence with plastic strip inserts is not permitted.

(2)

The wall or fence may be constructed with openings that do not exceed twenty percent (20%) of the wall surface. The opening shall allow passage of air but shall not reduce the obscuring effect of the wall.

(3)

When a screen wall or fence has both a finished face and an unfinished face, the wall or fence shall be installed so that the finished face is directed toward the exterior side of the development site, or the side which will be most visible to the general public, as determined by the Planning Commission.

(4)

Screen walls or fences shall be constructed so as not to alter drainage patterns on-site or on adjacent properties.

D.

Storm water detention/retention areas shall be permitted within buffer zones provided they do not reduce the screening effect.

E.

Solid waste dumpsters may be located in buffer zones, provided they are screened by a continuous opaque wall or fence six (6) feet in height.

A.

For single or two (2) family residential properties all land area not covered by buildings or paved surfaces shall be landscaped with lawn or landscape beds. Gardens shall be an exception to this provision.

B.

All land area other than one (1) or two (2) family properties, not covered by buildings or parking surface shall be landscaped in accordance with a landscape site plan submitted to the Planning Commission. The landscape plan shall indicate what type of ground cover is proposed outside of planting beds. The Planning Commission may permit areas to be left in a natural state, but only in cases where such areas meet the intent of this Article for screening, and when such areas have significant aesthetic or natural value.

C.

If plants or shrubs are required as part of a screen involving a fence or wall, such plants and shrubs shall be placed on the less intense side of the wall, or where abutting a roadway they shall be placed on the road side of the fence or wall.

D.

A landscaped area of two hundred (200) square feet shall be required for an individual canopy tree. This requirement may be reduced to one hundred (100) square feet in cases where an irrigation system is to be installed. An additional fifty (50) square feet of landscaped area shall be required for each additional canopy tree where grouped.

E.

A landscaped area of one hundred (100) square feet shall be required for an individual under story tree. This requirement may be reduced to twenty-five (25) square feet in cases where an irrigation system is to be installed. An additional ten (10) square feet of landscaped area shall be required for each additional tree in a group.

F.

All landscaped areas shall be installed in such a manner so as not to alter drainage patterns on site or adjacent properties.

G.

All landscaping shall be kept free of all clear vision areas as defined in this ordinance.

H.

Required trees and other landscape materials to be used near roadways, rights-of-way, or in parking areas shall have the following qualities:

(1)

Longevity.

(2)

No Sap.

(3)

Hearty and resistant to motor exhaust fumes and road salt.

(4)

Limited root system.

A.

If construction is completed during a planting season, no certificate of occupancy shall be issued until the landscaping complies with the requirement of this Chapter of the Zoning Ordinance.

B.

If construction is completed in an off planting season a certificate of occupancy shall be issued only after the owner provides a performance guarantee as provided in Section 24.10 of this Ordinance.

C.

All landscaping shall be maintained in a healthy, neat and orderly state free from weeds and debris. All grass, weeds and similar vegetation shall be maintained at a height not to exceed six (6) inches unless specifically approved by the Planning Commission.

D.

The owner, tenant, or their agent shall be jointly and severally responsible for maintenance.

E.

All required landscaping shall be maintained on a continuing basis and dead plant materials replaced as necessary to meet the desired effect of the original landscape plan approval. The Zoning Administrator shall have the authority to make a determination of ordinance violation with regard to landscaping. If the Zoning Administrator issues a notice of violation, the owner shall have six (6) months to correct the landscaping violation.

(Ord. No. 2023-04, Art. I, 4-10-2023)

If a project is constructed in phases, the landscape screen may also be constructed in phases. The Planning Commission shall determine the extent of landscaping required of each phase based on:

A.

Adjacent land uses,

B.

Distance between land uses,

C.

Operational characteristics both on and off site,

D.

Building heights,

E.

Physical characteristics of the site, and

F.

Percentage of total development which each phase represents.

The Planning Commission may waive in whole or in part any landscape requirement contained in this Chapter, if inspection of the site reveals that adequate landscaping screens already exist on-site, or site specific qualities minimize the need for landscaping in specific areas. The following factors shall be evaluated by the Planning Commission in making any waiver of landscaping requirements:

A.

Topography variations,

B.

Existence of natural vegetation,

C.

Existing and proposed building placement,

D.

Adjacent land uses,

E.

Existence of floodplain or other non-developable areas,

F.

Recommendation of Zoning Administrator,

G.

Meeting the intent of this Chapter of the Ordinance,

H.

The amount of space on the site available for landscaping,

I.

Existing landscaping on the site and on adjacent properties,

J.

The type of use on the site and the size of the development,

K.

Existing and proposed adjacent land uses,

L.

Presence or absence of natural features which accomplish the purposes of the Chapter,

M.

The effect which the required landscaping would have on the operation of the existing or proposed land use.