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Park Rapids City Zoning Code

PERFORMANCE STANDARDS

§ 151.145 DETERMINATION OF CONFORMITY.

   (A)   (1)   The performance standards established in this subchapter are designed to encourage a high standard of development by providing assurance that neighboring land uses will be compatible.
      (2)   These standards are also designed to prevent and eliminate those conditions that cause blight.
   (B)   (1)   Before any building permit is issued, the Zoning Administrator shall determine whether the proposed use will conform to the performance standards prescribed in this subchapter.
      (2)   The applicant shall supply information necessary to demonstrate conformance.
      (3)   This information may include description of equipment to be used, hours of operation, method of refuse disposal, type and location of exterior storage, or other reasonable information as requested by the Zoning Administrator.
(Prior Code, § 66-146) (Ord. passed 1994)

§ 151.146 HOME OCCUPATIONS.

   In any zoning district where home occupations are allowed, the uses must comply with the following provisions.
   (A)   The home occupation shall not occupy an area in excess of 25% of the total ground floor area of the principal or accessory structures.
   (B)   Substantial interior or exterior alteration of a dwelling unit to accommodate a home occupation shall not be permitted.
   (C)   Home occupations which will create odor, noise, electrical glare, dust, or vibrations noticeable from outside of the dwelling shall not be permitted.
   (D)   No sign shall be allowed with the exception of 1 non-illuminated name plate measuring not more than 4 square feet in size.
   (E)   Home occupations shall be conducted by the permanent occupants of the dwelling in which the use is located and not more than 1 additional person.
   (F)   Home occupations shall be carried on wholly within the principal or accessory structure, there shall be no exterior storage of materials, and no exterior indication of the home occupation or variation from the residential character of the structure.
   (G)   A conditional use permit issued by the City Council for a home occupation shall not transfer with the change of ownership of the dwelling.
(Prior Code, § 66-147) (Ord. passed 1994) Penalty, see § 151.999

§ 151.147 STANDARDS FOR SINGLE-FAMILY DWELLINGS.

    The following standards apply to all single-family dwelling units, unless specifically exempted.
   (A)   All single-family dwellings shall have a minimum floor area of 800 square feet on the main level. Attached garages, decks, porches, and other non-habitable spaces shall not count towards the 800 square foot minimum.
   (B)   All single-family dwelling units, except mobile homes in mobile home parks, shall be attached to a permanent foundation with frost protection as per state building code.
   (C)   All single-family dwelling units, except mobile homes in mobile home parks, shall have a minimum width of 20 feet and meet all applicable ordinances, laws, and building codes.
(Prior Code, § 66-148) (Ord. passed 1994; Am. Ord. 615, passed 6-14-2022) Penalty, see § 151.999

§ 151.148 TEMPORARY DWELLINGS.

   No temporary dwelling may be erected or occupied on any parcel of land with the following exceptions.
   (A)   Travel and motor home coaches may be occupied for a period of not more than 2 weeks in 6 month period.
   (B)   Temporary residence in a basement or foundation structure while awaiting the completion of the total structure may be allowed for a period not to exceed 12 months.
(Prior Code, § 66-149) (Ord. passed 1994) Penalty, see § 151.999

§ 151.149 EXTERIOR STORAGE.

   (A)   In all Residential Districts, all materials and equipment shall be stored within a building or be fully screened so as not to be visible from adjoining properties, except for the following:
      (1)   Laundry and recreational equipment;
      (2)   Construction and landscaping materials currently being used on the premises;
      (3)   Agricultural equipment and materials if these are used or are intended for use on the premises;
      (4)   Off-street parking of passenger automobiles and pick-up trucks if current license is on the vehicle and is operative; and
      (5)   Boats and trailers, less than 20 feet in length, are permissible if stored in rear yard more than 10 feet distance from property line.
   (B)   In other districts, no materials or equipment may be stored outside except those directly related to the principal use or those being used for construction on the premises.
(Prior Code, § 66-150) (Ord. passed 1994) Penalty, see § 151.999

§ 151.150 MOVED IN STRUCTURES.

   (A)   Before any dwelling unit or other principal structure not constructed entirely of new material is moved onto a parcel of land, every structure shall be brought into compliance with the standards set forth for new construction in accordance with the Minnesota State Building Code Standards and other Zoning Code requirements as applicable.
   (B)   This requirement shall apply to the moving of pre-existing buildings and is not meant to apply to new buildings manufactured off-site and moved to a permanent site in sections or as complete structures.
(Prior Code, § 66-151) (Ord. 437, passed 6-28-2005) Penalty, see § 151.999

§ 151.151 SCREENING AND/OR FENCING.

   (A)   Screening shall be required in a residential zone where:
      (1)   Any off-street parking area containing more than 6 parking spaces and is within 30 feet of an adjoining residential zone; and
      (2)   Where the driveway to a parking area of more than 6 parking spaces is within 15 feet of an adjoining residential zone.
   (B)   No perimeter fence or screening shall exceed 6 feet in height in residential areas, 8 feet in height in industrial or commercial areas, or 4 feet in height in the front yard. All fences must maintain a 30 foot sight triangle along the right-of-way when placed on corner lots.
   (C)   Fencing or screening required by this section or the City Council shall be either a solid fence or dense vegetative cover at least 6 feet but not greater than 8 feet in height.
   (D)   All fences must be located entirely upon the private property of the person constructing the fence and the property owner must leave enough setback to allow maintenance of both sides of the fence.
   (E)   All posts or supports shall face inward toward the property being fenced. The good or finished side shall face the neighboring property or the public right-of-way.
   (F)   All fences shall be made of durable, weather treated or resistant material, and kept in a condition so as not to become a private or public nuisance. Fence material used shall be of common residential fence material and shall not consist of salvaged materials not traditionally used for fencing i.e. pallets, tires, doors, plywood, tarps or similar materials.
   (G)   Above ground perimeter electrified and barbed wire fences are prohibited in residential districts except those associated with a permitted agricultural use.
   (H)   Fences abutting an alley must leave enough setback as to not impede with snow removal.
   (I)   Any fence erected on a tract of land subject to an easement for the construction, maintenance, operations, or replacement of any water, sanitary or storm sewer, gas line, electric power, telephone, or other utility poles, or other cables or lines shall be designed and constructed to be readily removable to permit the use of the easement. Such fences shall be subject to removal by request whenever necessary to permit access. The cost of removal or replacement shall be the responsibility of the owner of the fence.
   (J)   Fences shall be erected and maintained so as to avoid limiting or obstructing the flow of water in natural drainage courses, or drainage ways created within easements.
(Prior Code, § 66-152) (Am. Ord. 536, passed 3-27-2012; Am. Ord. 565, passed 8-23-2016) Penalty, see § 151.999

§ 151.152 MAINTENANCE.

   (A)   All structures shall be properly maintained in a clean and acceptable manner so as not to constitute a menace to the public health, safety, convenience, general welfare, property values, and aesthetics.
   (B)   All landscaping shall be properly maintained so as to preserve planting in a live state and free of noxious weeds.
(Prior Code, § 66-153) (Ord. passed 1994) Penalty, see § 151.999

§ 151.153 TRAFFIC CONTROL.

   (A)   The traffic generated by any use shall be channelized and controlled in a manner that will avoid congestion on the public streets, traffic hazards and excessive traffic through residential areas, particularly truck traffic.
   (B)   Internal traffic shall be so regulated as to insure its safe and orderly flow.
   (C)   Traffic into and out of business and industrial areas shall in all cases be forward moving with no backing onto streets.
(Prior Code, § 66-154) (Ord. passed 1994) Penalty, see § 151.999

§ 151.154 STORM WATER MANAGEMENT.

   (A)   No land shall be developed and no use shall be permitted that results in additional water run-off, causing flooding, or erosion on adjacent properties.
   (B)   Site plans for new development of any kind, including any redevelopment that results in additional impervious surface, shall provide on-site measures for storm water quantity control and storm water quality management sufficient to reduce the impacts of the development by, at a minimum, maintaining pre-development conditions. When applicable, a permit from the Minnesota Pollution Control Agency shall be obtained and all appropriate runoff and treatment requirements shall also apply.
(Prior Code, § 66-155) (Ord. passed 1994; Am. Ord. 548, passed 4-22-2014) Penalty, see § 151.999

§ 151.155 DRIVEWAYS.

   (A)   Residential lots shall be required to maintain at least a 3 foot side yard at driveways.
   (B)   Driveways in other districts must be located as to allow for orderly traffic flow and at least 30 feet from any intersection.
(Prior Code, § 66-156) (Ord. passed 1994; Am. Ord. 548, passed 4-22-2014) Penalty, see § 151.999

§ 151.156 PARKING STANDARDS, TRAFFIC CONTROL, AND STORM WATER MANAGEMENT.

   (A)   Minimum off-street parking stall requirements. In all zoning districts, with the exception of the B-2 District, off-street parking facilities for employees and patrons of the buildings or structures erected after the effective date of this chapter shall be provided as herein provided.
      (1)   Residential uses including single family, multiple family, and other similar residential uses. One and one-half (1.5) parking stall for each dwelling unit and 1 parking stall for each efficiency unit.
      (2)   Hospitals, assisted care facilities, senior housing, state licensed residential facilities and similar uses. One stall per employee on largest shift plus .5 stalls per dwelling unit or patient bed.
      (3)   Hotels, motels, bed and breakfasts, resorts, campgrounds, and similar uses. One stall per room or site for rent plus 1 stall per employee on largest shift. Additional auxiliary uses (bars, restaurants, event facilities, retail, and the like) will be evaluated for additional parking requirements and based on the parking requirements for those uses.
      (4)   Office, retail, clinics, minor repair shops, and similar uses. One parking stall per 250 square feet of floor area.
      (5)   Restaurant, bars, and entertainment uses. One parking stall per 150 square feet of floor area.
      (6)   Schools, churches, theatres, funeral homes, and other similar institutional and governmental uses. Parking stalls shall be provided in sufficient quantities to accommodate the needs of each specific use without causing inconvenience to nearby properties, interfering with the flow of traffic, or negatively impacting public safety.
      (7)   Outdoor recreational facilities. Parking stalls shall be provided in sufficient quantities to accommodate the needs of each specific use without causing inconvenience to nearby properties, interfering with the flow of traffic, or negatively impacting public safety.
      (8)   Open sales lots, outdoor storage, and warehouses. One parking stall per 2,000 square feet of floor or display area.
      (9)   Industrial uses, contractors yards, indoor storage facilities, wholesale and manufacturing (non-retail). One parking stall per 500 square feet of floor area. Parking for additional auxiliary uses (office space, open sales lots, warehousing, retail, and the like) shall be provided in sufficient quantities to accommodate the needs of each specific use without causing inconvenience to nearby properties, interfering with the flow of traffic, or negatively impacting public safety.
   (B)   Exemptions and exceptions.
      (1)   Any existing non-conforming residential use that is converted into a conforming permitted or conditional commercial use may exempt up to the first 5 required parking stalls of this section, provided there is sufficient on-street parking adjacent to the property to meet the needs of the specific use without causing inconvenience to nearby properties, interfering with the flow of traffic, or negatively impacting public safety.
      (2)   Any commercial use in non-residential districts that are adjacent to streets that allow on-street parking may factor the on-street parking spaces into their required stalls at a rate of 1 space per 30' of street frontage.
   (C)   Parking lot dimensions for full sized cars.
 
Parking Lot Dimensions for Full Sized Cars
Angle (in degrees)
Minimum Width of Space at Curb
Minimum Length of Space from Curb
Minimum Drive Aisle Width (One- Way)
Minimum Drive Aisle Width (Two Way)
45
12.6 feet
19.0 feet
13.6 feet
12.0 feet
60
11.0 feet
20.0 feet
18.6 feet
17.0 feet
75
9.0 feet
19.0 feet
23.0 feet
23.0 feet
90
9.0 feet
19.0 feet
26.0 feet
25.0 feet
Parallel
23.0 feet
9.0 feet
22.0 feet
21.0 feet
 
   (D)   Design standards.
      (1)   In all residential districts, required parking spaces shall be located on the same premises as the use that they serve. In other districts, they shall be located on the premises or within 100 feet distance.
      (2)   Parking areas for 1 or 2-family dwellings shall be in the garage, in the rear or side yards, or on the driveway leading to the garage only.
      (3)   Parking of automobiles and other motor vehicles is permitted in the front and side yards in District I-1 and B-1 provided a greenbelt 8 foot in width is provided.
      (4)   Parking areas shall be used for automobile parking only, with no sales, dead storage, repair work, dismantling, or servicing of any kind permitted.
      (5)   (a)   All uses, excluding 1 and 2-family residences, where parking or access facilities are located within 30 feet of a 1 or 2-family property line shall be required to effectively screen their parking facility from the residential use pursuant to § 151.151, Screening and/or Fencing.
         (b)   Before a building permit shall be issued, the Zoning Administrator shall approve the screening proposal.
      (6)   Off-street parking areas on properties that are currently adjacent to Municipal Storm Water Facilities (curb and gutter) or within an area outlined in the current Five-Year Capital Improvement Plan to have Municipal Storm Water Facilities within the next 5 years shall be improved with a paved impervious surface and afford adequate drainage and property on-site storm water management. Gravel, crushed asphalt, or similar materials is not considered a paved impervious surface.
      (7)   Off-street parking areas on properties that are not currently adjacent to Municipal Storm Water Facilities (curb and gutter) or within an area outlined in the current Five Year Capital Improvement Plan to have Municipal Storm Water Facilities within the next five years may be improved with paved impervious, gravel, crushed asphalt, or similar materials and afford adequate drainage and proper on-site storm water management. These parking areas must also remain free of noxious weeds and dust.
      (8)   All sources of parking area lighting shall be fixed, directed, and designed so as to not create a nuisance to any abutting residential properties.
      (9)   For bicycle parking, the total parking requirement is 1 space for each 25 off-street parking spaces required. The bicycle parking spaces shall be equipped with bicycle racks.
      (10)   All newly constructed parking facilities must meet all ADA design requirements.
(Prior Code, § 66-157) (Am. Ord. 491, passed 5-22-2007; Am. Ord. 548, passed 4-22-2014) Penalty, see § 151.999

§ 151.157 SITE VIEW CLEARANCE.

   No structure, vehicle, sign, fence, building or foliage shall obstruct the vision clearance of street corners, curb cuts or railroad crossings or constitute a traffic hazard in any zone.
(Prior Code, § 66-158) Penalty, see § 151.999

§ 151.158 MOBILE HOME PARK STANDARDS.

   In order that a mobile home park may be harmonious within itself and with the surrounding area, the following performance standards are required.
   (A)   Inspection of mobile home parks. The Zoning Administrator, the Chief of Police, or their duly authorized representative, shall have the power to inspect the register containing a record of all residents of the mobile home park.
   (B)   Open space and area requirements.
      (1)   Area. The minimum total mobile home park shall be 10 acres.
      (2)   Open space.
         (a)   A minimum of 500 square feet per mobile home shall be provided in a definable play area and/or open space.
         (b)   1.   Lot setbacks shall not be included in this space nor shall any areas of less than 20 feet in length or width.
            2.   All areas not used for access, parking, circulation, buildings, and service shall be completely landscaped and the entire area maintained in good condition, consistent with the provisions of § 151.152.
      (3)   Setbacks.
 
Setback from property boundary lines
30 feet
Setback from public road/highway right-of-way
35 feet
Setback from front/park street right-of-way
20 feet
Side setback
10 feet
Rear setback
15 feet
 
      (4)   Lot size.
 
Minimum lot area
7,200 square feet
Minimum lot width
60 feet
Maximum ground coverage
30%
   
   (C)   Streets. Streets must follow subdivision requirements concerning grading and must be a minimum of 24 feet in width and be paved or have Class IV gravel. When a mobile home park reaches 75% occupancy, streets will be required to be paved with a bituminous or cement surface. The right-of-way width will be a minimum of 40 feet. On-street parking will not be allowed.
   (D)   Parking. A minimum and maximum of 2 off-street parking spaces will be provided on each lot. These spaces will be clearly defined with a border and gravel or cement surface. A parking compound must be provided by the developer to accommodate 1 parking space for every 2 mobile homes. All boats, campers, and trailers must be parked in this designated parking compound.
   (E)   Screening. All mobile home parks located adjacent to residential, recreational, commercial, or industrial land uses shall provide screening such as fences, shrubs, or trees along the property boundary line separating the park and other uses and shall be maintained in a neat and orderly manner. Screening shall be a minimum of 5 feet in height. Landscaping shall be provided between the screen and the property boundary. A landscape plan is required as part of the platting process for a mobile home park.
   (F)   Accessory buildings. One storage building of not more than 10 feet by 12 feet is allowed per lot. A carport may also be allowed on mobile home lots. All accessory buildings must meet setbacks. Storage and accessory buildings must be maintained and designed to enhance the general appearance of the lot.
    (G)   Mobile home requirements. All mobile homes shall be skirted and shall be in accordance with the decor of the mobile home and in good repair. Each home shall be parked upon a jack or block approved by the city. Each mobile home shall be anchored to resist damaging movement by wind or storm. Each mobile home base shall have a suitable hardstand of durable material capable of supporting the vehicle wheels, stands or jacks. A minimum of 800 square feet shall be required for all single-family residential dwelling, including mobile homes.
   (H)   Miscellaneous requirements.
      (1)   Responsibilities of the park management.
         (a)   Park management shall notify park occupants of all applicable provisions of this section and inform them of their duties and responsibilities under this section.
         (b)   1.   The park operator shall maintain a record of all mobile home owners and occupants located within the park.
            2.   The register shall contain the following information:
                  a.   The name and address of each mobile home occupant;
                  b.   The name and address of the owner of each mobile home and motor vehicle by which it is towed;
                  c.   The make model, year and license number of each mobile home and motor vehicle, the state, territory or country issuing the license; and
                  d.   The date of arrival and departure of each mobile home.
            3.   The operator shall make this available to law enforcement officers, public health officers, and other officials whose duty necessitates acquisition of the information in the register. The register record for each occupant registered shall not be destroyed for a period of 3 years of the registrant moving from the park.
      (2)   Use requirements. No part of any park shall be used for non-residential purposes, except the uses that are required for the direct serving and well being of park residents and for the management and maintenance of the park.
      (3)   Compliance. All mobile home parks shall comply with the State of Minnesota Board of Health requirements for mobile home licensing. The platting requirements of mobile home parks shall meet the subdivision standards as listed in §§ 151.205 et seq. unless otherwise stated in this section.
(Prior Code, § 66-159) Penalty, see § 151.999

§ 151.159 SPECIAL PROVISIONS FOR INDUSTRIAL USES.

   The following provisions apply to all wholesale businesses, commercial laundries, dry cleaning plants, manufacturing facilities, and public utility buildings and yards, electrical transformer stations, substations, and gas regulator yards:
   (A)   All uses not located in an industrial park shall be conducted wholly within a building with a landscaped front yard and with all loading, unloading, and employee parking provided in the side or rear yards; and
   (B)   Visitor parking may be provided in the front yard.
(Prior Code, § 66-160) (Ord. passed 1994) Penalty, see § 151.999

§ 151.160 PROFESSIONAL/PERSONAL SERVICE OFFICES.

   Professional and personal service offices will be allowed in the R-3 District in existing dwellings, provided the following provisions are met.
   (A)   Substantial exterior alteration of a dwelling unit to accommodate the office/service shall not be permitted.
   (B)   Office and service activities which will create odor, noise, dust, electrical glare, or vibrations noticeable from outside of the structure shall not be permitted.
   (C)   Office activities shall be carried on wholly within the principal structure, there shall be no exterior storage of materials, and no variation from the residential character of the structure.
   (D)   Signs shall conform to all requirements prescribed in § 151.186
   (E)   One parking space per employee and 1 parking space for each office/service located in the home shall be provided off-street. Parking area and building ground coverage shall not exceed 50%.
   (F)   A conditional use permit issued by the City Council for a professional/personal service office shall not transfer with the change of ownership of the dwelling.
(Prior Code, § 66-161) (Ord. passed 1994; Am. Ord. 491, passed 5-22-2007) Penalty, see § 151.999

§ 151.161 GENERAL DEVELOPMENT PLAN AND SITE PLAN.

   (A)   All proposed developments shall conform with the provisions of this section with respect to site plan, parking, and landscaping.
   (B)   General development plan shall be reviewed and approved by the Planning Commission.
   (C)   The development plan shall include as follows:
      (1)   Complete details of the proposed site development including, but not limited to, identification signs, location of buildings, streets, driveways, parking spaces, dimensions of the lot, lot area, and yard dimensions;
      (2)   Complete landscaping plans reflecting all information showing planting size and type;
      (3)   Complete plans for proposed sidewalks or walkways and access driveways to parking showing distance from street intersection and service areas;
      (4)   Complete plans for stormwater drainage systems sufficient to drain and dispose of all surface water accumulations within the area of the site;
      (5)   Complete plans and specifications for exterior wall finishes proposed for all principal and accessory buildings. Elevation drawings shall show proposed rooftop equipment and any proposed screening; and
      (6)   Complete plans for screening of storage areas for waste and garbage.
(Prior Code, § 66-162) Penalty, see § 151.999

§ 151.162 EXCEPTIONS TO YARD REQUIREMENTS.

   Every part of a yard shall be open and unobstructed by any building or structure, from its lowest point upward, except as follows:
   (A)   Awnings, balconies, overhangs, fire escapes and eaves may project not more than 5 feet over or half the distance of the required side yard, whichever is less;
   (B)   Walks, steps for negotiating ground slopes, retaining walls, hedges and natural growth, fences, paved areas;
   (C)   Uncovered porches, and steps to building entrances may not extend more than 5 feet into any required front yard or required rear yard and not more than 3 feet into any required side yard; and
   (D)   Chimneys and fireplaces may extend not more than 4 feet into a required yard or court.
(Prior Code, § 66-163) Penalty, see § 151.999

§ 151.163 SPECIAL PROVISIONS APPLICABLE TO SPECIFIC PERMITTED AND

CONDITIONAL USES.
   (A)   Water retention areas. Water retention areas or devises shall be required for any new development projects creating new impervious surface of 1 acre or greater.
   (B)   Exemptions. The following activities are exempt from this section:
      (1)   Where the development project is a linear project, such as sidewalks, paths, or trails, or is reconstruction, repair, reconditioning, or resurfacing of existing roads or impervious surfaces; or
      (2)   Where the plans for a project development site were approved by a local unit of government by a permit or in a preliminary or final plat approval process prior to 11-1-2004.
(Prior Code, § 66-164) (Ord. 417, passed 11-29-2004) Penalty, see § 151.999

§ 151.164 LANDSCAPING.

   (A)   Statement of intent. The intent of this section is to improve the appearance of vehicular use areas and property abutting public rights of way; to require buffering between non-compatible land uses; to protect and preserve existing plant materials and promote aesthetic appeal through green space, character and value of the surrounding neighborhoods; and to promote public health and safety through the reduction of noise pollution, air pollution, visual pollution, and glare.
   (B)   Compliance. No new site development, permanent building or structure construction, remodeling involving change of the outside perimeter or vehicular use area modifications are allowed, unless the provisions of this section are met for the property in its entirety.
   (C)   Reduction of visual impacts.
      (1)   The landscaping standards shall require reduction of visual impacts associated with given uses, including, but not limited to:
         (a)   Truck loading areas;
         (b)   Refuse containers;
         (c)   Parking lots, interior lot areas, and perimeters;
         (d)   Large unadorned building massing;
         (e)   Garage doors associated with auto oriented uses;
         (f)   Vehicular stacking areas for drive-through uses; and
         (g)   Antennae and support structures.
      (2)   All undeveloped lots and parcels shall be mowed and kept free of accumulation of garbage, trash, refuse, debris, and other unsightly or nuisance creating materials. All landscaping shall be continually maintained by the owner or other person responsible for maintenance of the premises, and all planting areas shall be kept free of weeds and debris.
   (D)   General landscaping and maintenance requirements.
      (1)   All planting material shall be of good quality, of species normally grown in Minnesota and capable of withstanding the extremes of individual site microclimates. All specifications for measurement, quality, and installation of trees and shrubs shall be in accordance with the Urban Forestry Technical Manual.
      (2)   Landscaping and screening required by this section shall be interrupted only by required access drives and sidewalks. All landscaping and screening required by this section shall be so designed and maintained as to preserve unobstructed vision of the street and sidewalk at points of access and as not to interfere with, or be damaged by, work within any public or utility easement unless the City Planner shall determine that no other location is reasonably feasible.
   (E)   Applicability. A landscaping plan, and the implementation and maintenance of the plan, shall be required for all uses, except for R-1 (Single-Family Residential), and B-2 (General Business) districts and municipal airport property.
   (F)   Landscape plans.
      (1)   Issuance of building permit. No building permit shall be issued until the required landscaping plan has been submitted and approved, and no certificate of occupancy shall be issued until the landscaping is completed as certified by an on-site inspection by a designated city official.
      (2)   Part of certificate of occupancy. Wherever the submission and approval of a landscape plan is required by this chapter, the landscape plan and its maintenance shall be part of the certificate of occupancy.
      (3)   Extension for completion. The city may allow an extended period of time for completion of all landscaping if the delay is due to conditions which are reasonably beyond the control of the developer. Extensions may not exceed 9 months, and extensions may be granted due to seasonal or weather conditions. When an extension is granted, the city shall require a performance bond, certified check or cash escrow. This amount shall cover 100% of the remaining site work to be completed.
         (a)   Content of landscape plan. All landscape plans submitted for approval shall contain or have attached thereto the following information:
            1.   The location and dimensions of all existing and proposed structures, lot lines, easements, parking lots and drives, roadways and right-of-ways, sidewalks, bicycle paths, ground signs, refuse disposal areas, bicycle parking areas, fences, freestanding electrical equipment, tot lots and other recreational facilities, and other features as determined necessary by the City Planner;
            2.   The location, quantity, size and name, both botanical and common names, of all proposed planting materials;
            3.   Existing and proposed grading of the site, including proposed berming, indicating contours, at 1 foot intervals;
            4.   Specification of the type and boundaries of all proposed ground cover;
            5.   Elevations of all fences proposed for location on the site; and
            6.   Elevations, cross-sections and other details as determined necessary by the City Planner.
         (b)   Design criteria.
            1.   Landscaping plans described above shall be prepared based on the following design criteria.
            2.   The evaluation and approval of landscape plans shall also be based on these design criteria:
               a.   Scale and nature of landscaping material.
                  i.   The scale and nature of landscaping materials shall be appropriate to the size of the structures. Large scaled buildings, for example, shall be complemented by larger scaled plants.
                  ii.   Landscaping of larger areas, such as required yards, shall be accomplished by both horizontal landscaping elements, such as planting beds, and vertical landscaping elements, such as trees, berms, and fences.
               b.   Selection of plant material. Refer to Urban Forestry Technical Manual.
               c.   Conifers. Conifers should be incorporated into the landscape treatment of a site, particularly in those areas screening parking lots from dedicated public right-of-ways or property zoned for residential use. All conifers shall have a minimum height of 3 feet.
               d.   Deciduous shade trees. All shade trees shall have a minimum trunk size of 1-1/4 inches in diameter upon installation, as measured 6 inches above the established ground level.
               e.   Ornamentals. Ornamental trees shall have a minimum trunk size of 1-1/4 inches in diameter upon installation, as measured 6 inches above the established ground level.
               f.   Softening of walls and fences. Plant material shall be placed intermittently against long expanses of building walls, fences, and other barriers to create a softening effect.
               g.   Planting bed. Planting beds shall be mulched with bark chips, rock mulch, feather rocks, or similar materials.
               h.   Detention, retention, basins, and ponds. Detention/retention basins and ponds shall be landscaped. The landscaping shall include shade and ornamental trees, conifers, shrubbery, hedges, and/or other planting materials.
               i.   Preservation of existing plant material. Existing plant material shall, wherever practical as determined by the City Planner, be incorporated into the landscape plan. Credit for retention of existing trees which are of acceptable minimum size, species, and location, may be given to satisfy the minimum number of requirements.
               j.   Berming. Earthen berms, and existing topography should be, whenever determined practical by the City Planner, incorporated into the landscape plan, particularly when combined with plant material to facilitate screening from adjacent residential uses. Berms should be designed to allow for maintenance, mowing, and adequate drainage. Final slope grade steeper than the ratio of 3:1 will not be permitted without special approval or treatment, such as terracing or retaining walls.
   (G)   Transitional yards. Transitional yards shall extend along the entire length of the lot line and shall be designed and maintained to function as a buffer area. Transitional yards shall consist of a combination of ground cover, shade trees, conifers and shrubs, and appropriate screening devices such as decorative walls, fences, or berms. Areas not planted with shrubs, trees, or other appropriate screening devices shall be maintained with living ground cover.
   (H)   Perimeter landscaping.
      (1)   (a)   Every off-street parking lot containing 6 or more parking stalls shall be buffered and screened by perimeter landscaping consisting of an area at least 8 feet or greater in width as required in the yard and setback standards of each zoning district.
         (b)   The required perimeter landscaping area shall be measured from the property line of the site.
         (c)   The perimeter landscaping shall consist of a combination of ground cover, shade trees or conifers, shrubs, and/or appropriate screening devices such as decorative walls, fences, or berms.
         (d)   Deciduous shade trees shall be provided at a minimum of 1 tree for every 2,000 square feet of total building floor area or 1 tree for every 100 feet of site perimeter, whichever is greater. All shade trees shall have a minimum trunk size of 1-1/4 inches in diameter upon installation, as measured 6 inches above the established ground level.
         (e)   Conifers shall be provided at a minimum of 1 tree for every 2,000 square feet of total building floor area or 1 conifer for every 200 feet of site perimeter, whichever is greater. All conifers shall have a minimum height of 3 feet.
         (f)   Ornamental trees shall be provided at a minimum of 1 tree for every 2,000 square feet of total building floor area or 1 ornamental tree for every 200 feet of site perimeter, whichever is greater. Ornamental trees shall have a minimum trunk size of 1-1/4 inches in diameter upon installation, as measured 6 inches above the established ground level.
         (g)   The number of planting material required in (H)(1)(d) through (f) may be reduced by 15% in the (I-1) Light Industrial District and (I-2) Heavy Industrial District.
         (h)   Areas not planted with shrubs, trees, or other appropriate screening devices shall be maintained with living ground cover, or planting beds with bark or rock mulch.
      (2)   Off-street parking areas for more than 6 vehicles shall be effectively screened by a fence or densely planted hedge on each side of a parking area that adjoins or faces any property located in a Residential District, unless the property is developed with a non-residential use. The fence or hedge shall not be less than 4 feet nor more than 6 feet in height.
   (I)   Interior landscaping - off-street parking lots.
      (1)   Every off-street parking lot providing 100 spaces or more shall provide interior landscaping.
      (2)   Interior landscaping shall consist of planting islands with a minimum area of 60 square feet and a minimum width of 6 feet, measured from the back of curb to back of curb.
      (3)   The interior landscaping shall constitute at least 5% of the area of the parking lot.
      (4)   Area devoted to perimeter landscaping shall not be considered as any part of interior landscaping.
      (5)   Where more than 1 planting island is provided, the islands shall be appropriately spaced throughout the parking lot.
   (J)   Refuse containers.
      (1)   All refuse and recyclable material containers, except those containers used on a temporary basis for a construction or disposal activity, shall be fully enclosed by a gated opaque fence or wall of a sufficient height to completely screen the containers from view by all adjoining properties and all streets.
      (2)   The fence or wall shall have an exterior finish that is similar to the material found on the exterior walls of the main building on the property or other approved material as determined by the City Planner.
      (3)   The outside base of the wall or fence shall be landscaped if the wall or fence fronts on a public street.
   (K)   Antennae and support structures. Ground-mounted antennae and antenna support structures shall be buffered and screened by a fence and a densely planted conifer hedge of not less than 6 feet in height.
   (L)   Maintenance policy. It is the responsibility of the property owner to insure that the landscaping is maintained in an attractive condition. The owner shall replace any damaged or dead trees, shrubs, ground cover, and sodding.
   (M)   Appeals. Appeals on the quantity, size, and location of planting materials, or any variation to the provisions outlined in this chapter may be directed to the city’s Urban Forestry Committee for consideration. The Urban Forestry Committee will then make a recommendation for action by the Board of Adjustments.
(Prior Code, § 66-165) (Ord. 442, passed 7-12-2005; Am. Ord. 491, passed 5-22-2007; Am. Ord. 518, passed 8-25-2009) Penalty, see § 151.999