Owingsville City Zoning Code
LANDSCAPING
§ 152.090 STATEMENT OF INTENT.
It is the purpose and intent of this subchapter to provide for the utilization of landscaping techniques for the purpose of improving the aesthetic and functional quality of new development and to minimize the conflicts which may occur between incompatible land uses, as granted to the Planning Commission by KRS 100.201, 100.203 and 100.281. Should the requirements in this subchapter be found in conflict with other ordinances, the most stringent regulation shall apply.
(Ord. 14-1986, passed 12-1-86; Am. Ord. 5-2005, passed 5-9-05)
§ 152.091 LANDSCAPING REQUIREMENTS.
(A) Landscape categories. The following table describes the various land use relationships governed by these regulations. The landscape requirements herein are keyed to the table in division (B) of this section.
Where This Use Adjoins | This Use | Applicable Landscape Buffer Categories |
Where This Use Adjoins | This Use | Applicable Landscape Buffer Categories |
(1) Single-family | Multi-family/mobile home | 2 |
(2) Duplex | Multi-family/mobile home | 2 |
(3) Agriculture, single-family, duplex | Commercial/industrial | 3 |
(4) Multi-family | Mobile home | 1 |
(5) Commercial | Industrial | 1 |
(6) All residential | Major highway | 5 |
(7) Commercial | Major highway | 6 |
(8) Industrial | Major highway | 6 |
(9) Vehicular use all zones | Any right-of-way | 7 |
(10) All zones | Utility substations, landfills, junkyards, sewage treatment plants, or similar use | 8 |
(B) Landscape buffer. This table describes the landscaping requirements for the buffer areas between those land use activities listed in division (A) of this section.
Minimum Landscaping Requirements | |||||
Landscape Buffer Category | Minimum Width | Trees | Bushes | Ground Cover | Barrier |
1 | 10 feet | 40 ft on center | 4 ft continuous or Barrier | grass or low shrub | 6 ft. solid fence, wall or earth berm |
2 | 10 feet | same as category 1 | 4-6 feet continuous hedge or 3 feet hedge on earth berm | same as category 1 | same as category 1 |
3 | 15 feet | same as category 1 | 4-6 feet continuous hedge or intermittent planting with wall or fence | same as category 1 | 6 foot wall or fence |
4 | 10 feet | same as category 1 | same as category 3 | grass | same as category 3 |
5 | 20 feet | same as category 1 | 6 feet continuous only with fence barrier | same as category 1 | same as category 3 |
6 | 10 feet | same as category 1 | same as category 1 | same as category 1 | same as category 1 |
7 | 5 feet | same as category 1 | same as category 3 | grass, mulch, crushed stone | same as category 1 |
8 | 15 feet | same as category 1 | 6 feet continuous hedge | grass | same as category 3 |
(C) Location of landscape buffers. The easements described in categories 1, 2, 3, and 4 in division (A) shall apply to all common boundaries. The easements described in categories 5, 6, and 7 shall apply to the property line adjacent to a limited access freeway or a public right-of-way. Buffers described in category 8 shall apply to all boundaries of the stated land use activities.
(D) Relationship to yard requirements. The landscape buffers shall be provided in addition to the minimum yard requirements of the appropriate zone.
(E) Responsibility for providing buffer. The landscape buffers shall be provided as a condition of development by the owner or developer of the property which creates the incompatible situation.
(F) Inclusion on subdivision plat. Areas to be set aside for landscape buffers shall be shown on preliminary subdivision plats.
(G) Easement conflicts. Where landscape buffers are required in the same location as utility easements, the two may be combined to the greatest extent possible.
(H) Provision of planting materials and barriers. Trees, bushes, ground covers, and barriers shall be required or shown on a final subdivision plat which shall be provided by the owner or developer and considered as any other site improvement.
(I) Quality and type of planting. All planting materials shall be living and not artificial plants. They should preferably be native to the area and suitable for site conditions. Use should be made of on- site planting to the greatest extent possible.
(J) Maintenance. The property owner shall be responsible for all continued maintenance and replacement of all landscaping materials. Buffers shall be kept free of refuse and debris. Any dead plantings shall be replaced during the next planting season.
(Ord. 14-1986, passed 12-1-86; Am. Ord. 5-2005, passed 5-9-05) Penalty, see § 152.999
§ 152.092 ENFORCEMENT OF LANDSCAPING REQUIREMENTS.
The requirements of this subchapter will be administered by the Planning Commission and enforced by the appointed Administrative Officer/Building Inspector. No certificate of occupancy permit shall be issued until the required landscaping is completed and certified by the Administrative Officer/Building Inspector.
(Ord. 14-1986, passed 12-1-86) Penalty, see § 152.999
§ 152.093 VARIANCES.
In those individual situations where, by reason of exceptional topographic, dimensional, shape, or other special or extraordinary site conditions, the enforcement of this subchapter would create an undue hardship on the applicant, that applicant may appeal to the Board of Zoning Adjustment for relief from specific provisions.
(Ord. 14-1986, passed 12-1-86)