Purpose. The purpose of this Article is to:

The requirements of this Chapter shall apply to all public, private and institutional developments and/or new construction requiring a building permit within the City of Ozark.

Alternative Landscape Plans.

All property with existing development on the effective date of this Chapter which is not in compliance with the provisions of this Section shall be considered non-conforming uses and allowed to continue until a building permit is issued for enlargement of a structure or building. At such time the following requirements shall be met:

The provisions of this Chapter shall be administered and enforced by the Ozark Planning and Development Department.

If the provisions of this Chapter conflict with other ordinances or regulations, the more stringent limitation or requirement shall govern or prevail to the extent of the conflict.

When applicable, the provisions of this Chapter shall be in compliance with Chapter 240 of the Code of Ordinances of the City of Ozark regulating the planting, maintenance and removal of trees, shrubs and other plants affecting publicly owned property.

If at any time after the issuance of a certificate of occupancy the Planning and Development Department determines that the approved landscaping, screening and/or buffer does not conform to the standards and criteria in this Chapter, a notice shall be issued to the owner and to any known tenant or agent citing the violations and describing what action is required to comply with this Chapter. The owner, tenant or agent shall have thirty (30) days from the date of said notice to restore the landscaping, screening and/or buffer as required. If any of the items in question are not restored within the allotted time or arrangements have not been made in conformance with this Chapter, such person shall be in violation of this Chapter. It is the responsibility of the owner of the property to comply with these requirements.

No building permit shall be issued for the improvement of any site, the construction of any building or the establishment of any use for which a landscaping plan is required until such plan has been submitted and approved by the City.

A certificate of occupancy shall not be issued for any building or structure until all screening, buffering and/or landscaping is in place as required in this Chapter. The Planning and Development Department has the authority to deny the issuance of a final occupancy permit until such time as the landscaping is installed according to the requirements of this Chapter.

In any case where a certificate of occupancy is sought and the landscaping is not completed due to the season of the year or at any time the prevailing weather conditions make it impractical to plant trees, shrubs, or grass, or to lay turf, including, but not limited to, drought, heat, or rain, a temporary certificate of occupancy may be issued, notwithstanding the fact that the landscaping required by this Chapter has not been completed, provided that the applicant has said parcel at finished grade with top soil, has received approval on all required inspections, and has deposited cash in an escrow account, held by the City, in the amount of the estimated cost of such landscaping. The amount of the escrow shall be calculated based on the latest Landscape Escrow Cost Analysis Request form that is provided by the City. Such escrow deposit shall be conditioned upon the installation by the applicant of all landscaping required by this Chapter within sixty (60) days, as determined by the City, and shall give the City the right to draw upon the escrow deposit to complete said landscaping if the applicant fails to do so. Such period may be extended for one (1) additional sixty-day period at the sole discretion of the Community Development Director, provided that the escrow deposit likewise is extended.

When a parcel of property is subdivided for non-residential purposes, has no landscaping master plan and each lot is to be sold separately, each new lot owner/developer shall be responsible for submitting a landscaping plan.

The landscaping plan shall be submitted concurrently with the appropriate permit application, if required, to the Department of Planning and Development. Staff shall review such plan and shall provide the applicant with written comments explaining whether or not the proposed plan meets City requirements. If the plan meets the criteria of this Section, it shall be approved. If the plan fails to meet the criteria of this Section, it shall be disapproved and a written statement setting forth necessary modifications to bring the plan into compliance will be provided by staff.

The following information is required on all landscaping site plans to assure compliance with this Chapter:

The following criteria and standards shall apply to landscape materials and installation:

Tree Preservation.

Landscaping Plan.

Trees of exceptional quality due to size, large canopy cover, trunk diameter, rareness, age or species located anywhere on the site may, at the discretion of the City Planner, be credited as three (3) trees in computing the minimum requirements in buffer yards and perimeter landscaping areas.

Existing trees that are preserved and receive credit shall be marked on the landscape plan and the amount of credit shall be indicated. Any trees that receive credit and are later removed shall be replaced with the number of trees for which credit was given.

Existing trees that are to receive credit for preservation shall be protected during construction as follows:

The landscaping requirements for residential uses are set forth below.

A landscaped area at least ten (10) feet in depth shall be maintained along all street frontage.

The use of a decorative wall in lieu of shrubs, not to exceed thirty (30) inches in height, is allowed within street frontage landscape areas and must be made of brick, stone or other decorative masonry materials.

The use of earth berms are allowed within the required landscape area and must be at least three (3) feet higher than the finished elevation of the parking lot. The use of an earth berm does not reduce the minimum number of plants required in Table 1.3. A maximum slope of three (3) (horizontal) to one (1) (vertical) is required.

Street frontage landscaping shall conform to the requirements of Table 1.3 within this Chapter.

When a side and rear lot line does not abut a public right-of-way, a minimum of a five (5) foot landscaped strip is required along the side and rear lot lines of the development. If a lot of record exists that has no lot lines adjacent to public right-of-way, all lot lines shall meet the requirements of this Section.

A five (5) foot perimeter landscaping strip is required for each development regardless if one is already in place from an adjacent, developed lot.

When perimeter landscaping requirements cannot be met along lot lines due to the existence of recorded access and/or utility easements, the perimeter landscaping requirement shall be located along the inner most boundary line of said easement.

The perimeter landscaping requirement may be waived, when appropriate, along platted rear lot lines when the rear lot line in question abuts an adjacent platted rear lot line having the same zoning classification and similar use.

The side perimeter landscaping may be waived if the two (2) adjoining lots share a common access drive.

Required trees and shrubs may be clustered to allow for the most effective use of landscaping. All other areas shall be landscaped with grass, ground cover or other appropriate landscape treatment.

Perimeter landscaping shall conform to the requirements of Table 1.3 of this Chapter.

The interior of parking areas shall be landscaped in accordance with this Chapter.

Areas used for parking or vehicular storage which are located under, on or within buildings are exempt from these requirements.

The Department of Planning and Development may require, where applicable, landscaping plans for recreational use parking areas within residential developments in an effort to conform to the standards and criteria of this Chapter.

One (1) parking island is required for every twelve (12) parking spaces on site. If ten (10) or more spaces remain, a parking island is required. The dimensions of a parking island must be nine (9) feet by nineteen (19) feet, the same as a parking stall and must be curbed to protect the landscaping and trees. Planting islands shall be located such that each island or planter is surrounded on at least three (3) sides by parking area. The planting island must be evenly spaced among the parking spaces in the lot and serve as vehicular circulation whenever possible. The area at the end of parking lots that creates a green space bordered by pavement on at least two (2) sides can be credited toward an island at a rate of two (2) end areas equals one (1) island. If end areas are utilized toward the landscape island requirement, they shall contain the required plantings.

If a situation occurs causing the City's parking space requirements and interior parking area landscaping requirements to be in conflict, additional landscaping in other locations within the subdivision and/or property in question may be proposed.

Table 1.3 contains the amount of landscape treatment required per planting island. The balance of the islands shall be planted in grass or other vegetative ground cover.

Required trees must be planted within the island leaving a four (4) foot clearance for car doors to open from any adjacent parking space.

The percentage of interior parking green space being proposed [five percent (5%) minimum].

When more than ten (10) trees are to be planted to meet the requirements of this Chapter, a mix of species shall be provided. The number of species to be planted shall vary according to the overall number of trees required to be planted. The minimum number of species to be planted is listed in Table 1.4 below. Species shall be planted in proportion to the required mix.

The Core and Neighborhood Overlay District landscaping requirements shall include the properties that are not single-family residentially zoned, or single-family uses in the "C-4" Zoning District.

Perimeter and street frontage landscaping shall be required around all properties except those with buildings permitted to be constructed to the edge of the sidewalk or property line(s).

The perimeter and street frontage landscaping for parking lots and vehicular use areas shall be designed and constructed to create a headlight screen and an edge that minimizes the disruption of the urban environment created by parking areas. The perimeter treatment shall be consistent with the materials and colors of the existing streetscape and surrounding structures. The perimeter treatment shall consist of one (1) of the following:

This Section establishes requirements for buffer yards in order to minimize the negative impacts of incompatible land uses on adjoining properties. Whenever the installation of a buffer yard is required, the screening requirement shall be in addition to any other applicable landscaping requirements in conformance with this Article.

In order to promote creativity any variance from the strict interpretation of these standards may be submitted for consideration and approval by the Planning and Zoning Commission. The submittal will need to conform to the alternative landscaping plan guidelines.

Refer to Section 405.800 for sight distance, visibility and utility easement requirements related to the safe placement of buffer yards and screening.

When there is an intervening public street with a right-of-way width of at least fifty (50) feet or railroad rights-of-way between two (2) zoning districts, the appropriate buffer yard option, as shown in Table 1.5, shall not be required except where the backs of the buildings of the proposed use face the adjoining zoning district uses.

When an adjoining vacant property is zoned agriculture, the buffer yard requirement may be waived or reduced at the discretion of the Community Development Director.

The developer of the proposed use shall be responsible for providing screening, when required, in accordance with Table 1.5. Fractions of one hundred (100) foot lengths shall be prorated accordingly. For these fractional lengths, understory trees may be substituted for canopy trees at a 2:1 ratio.

Buffer yards and associated screening shall be the responsibility of one (1) of the following:

Whenever an ingress/egress access intersects a public right-of-way or when the subject property abuts the intersection of two (2) or more public rights-of-way, a sight triangle, as set forth herein, shall be required.

In order to preserve sight distance, an unobstructed view shall be maintained within the following:

In no instance shall vegetation, fencing, parking stalls, or ornaments be planted or placed that would interfere with required sight distances.

Landscaping, except required grass and low ground cover, shall not be located closer than five (5) feet from the edge of any ingress/egress access pavement.

In the event other visibility obstructions are apparent in the proposed landscape plan as determined by the Director of Public Works, the requirements set forth herein shall be modified to the extent necessary to remove the conflict.

Plantings on utility easements shall be limited to ornamental trees, shrubs and hedges, ground cover and lawn grass. Each required canopy tree may be replaced by two (2) understory or ornamental trees to reduce conflicts with overhead utilities. Plantings in or adjacent to a utility easement shall be coordinated with the utility company. When landscaping requirements cannot be met due to the existence of recorded access and/or utility easements, the landscaping requirement may be located along the inner most boundary line of said easement or in an approved alternative location.