1. Generally. In establishing these procedures and standards, it is the City's purpose to encourage to the maximum extent practicable the preservation of trees and other natural vegetation for their value to the aesthetics of the community, to increase the compatibility between adjacent uses, and to minimize the effects of noise, dust, debris, artificial light intrusions, and other impacts created by the use of land.
2. Standards and Requirements. The standards and requirements set out in this Chapter are intended to:
   1. Protect and preserve the appearance and character of the community;
   2. Preserve permeable, native soil and enhance disturbed soils to store and infiltrate storm flows;
   3. Promote the value and benefit of landscaping while recognizing the needs to conserve and utilize water resources as efficiently as possible;
   4. Promote the health and quality of life of the residents of the City through the protection of trees and landscaping;
   5. Reduce heat island effects for large areas of impervious cover;
   6. Promote the planting of trees, shrubs and grasses that are drought tolerant and native to western Kansas;
   7. Establish criteria and standards for the design, installation, and maintenance of water-efficient landscapes in new development and redevelopment projects; and
   8. Promote low impact development designs and best management practices to reduce the risk of flooding and restore pre-development hydrologic regime on the site without solely using traditional storm drainage conveyance systems (e.g., gray infrastructure).

Effective on: 8/31/2016

1. Generally. This Section requires two general types of landscaping, including:
   1. Development Landscaping. There are two types of development landscaping (see Division 4.1.300, Development Landscaping), including:
      1. Private lot landscaping; and
      2. Site landscaping, which include:
         1. Pervious areas for single-family attached and multi-family development;
         2. Landscape surface areas for nonresidential and mixed use development; and
         3. Parking lot landscaping.
   2. Bufferyard Landscaping. Bufferyards are required based on the zoning, development type, or right-of-way type that abuts proposed development (see Division 4.1.400, Bufferyards). Bufferyards may be required along and between:
      1. District boundaries;
      2. Housing types within planned developments;
      3. Different types and intensities of uses within mixed use developments;
      4. Street and railroad rights-of-way; and
      5. The perimeters of parking lots.
2. Application of Standards. This Chapter applies to all new development, redevelopment, and substantial improvements, and where specifically indicated, to existing trees and landscaping in the R-M, C-1, C-2, C-3, I-1, I-2, M-U, and P-I districts. The requirement for an irrigation plan shall apply to the same zoning districts. The application of Division 4.1.300, Development Landscaping, and Division 4.1.400, Bufferyards, may be limited by Article 12.1, Nonconformities.
3. Conflicts. In the case of conflict between the regulations in this Article and the regulations of a particular zoning district or land use, the stricter application shall apply.
4. Exemptions. The following are exempt from the standards of this Chapter:
   1. Existing lots of record that are used for single-family or two-family dwellings unless required by this Section (see Division 4.1.200, General Requirements).
   2. Modifications to nonresidential buildings where the building expansion or redevelopment does not exceed the gross floor area of the existing building by more than 10 percent or 3,000 square feet, whichever is less.
   3. Development that was approved by the City prior to the effective date of this Code shall comply with the terms of the development approval (and not this Section). Such approved development shall not be required to install bufferyards if there is insufficient land area identified on the approved plans to accommodate them.
5. Adjustments and Changes. Sites that are proposed for redevelopment or substantial improvement, where due to the geometry of the site or existing improvements would be impractical or unreasonable, may be granted an exception for installation of landscaping in compliance with this Chapter per this subsection.  In such case, the Zoning Administrator may consider allowing minor adjustments to the landscape plan if the standards of approval may not be reasonably met, by considering approval, approval with conditions, or denial of the site plan. Such adjustment is provided such that the reduction of landscaping standards is only the extent necessary to make the installation practicable. In no case shall this exception be interpreted to lessen these requirements for reasons other than those provided. Necessary or requested adjustments or changes to the requirements of this Chapter may only be by reason of:
   1. Unnecessary hardship caused by the strict interpretation of this Code.
   2. Conditions that have not been brought about by action of the applicant or owner; and
   3. Site constraints or impracticalities that are due to special conditions of the property that do not exist on other properties in the same zoning district.

Effective on: 8/31/2016

1. Approved Landscape Plants. Only approved plant materials count towards the landscape requirements of this Section.
2. Approved Plants. Plants must be of a type approved by the Parks Director. Plants may be utilized if it is demonstrated by credible evidence that the plant:
   1. Is not on the Kansas State Noxious Weed List, U.S. Department of Agriculture;

   2. Is either native to the region or not invasive; and

   3. Provides habitat for native wildlife or migratory birds.
3. Prohibited Plants. Plant species that are subject to those specifically called out in Subsection B., above, are not allowed and may not be sought for addition to the approved plant list.
4. Quality of New Plantings.
   1. All landscape material shall be in compliance with the standards of the American Nursery and Landscape Association.
   2. Landscape plantings shall be planted, mulched, and staked according to Publication L-802, Woody Plant Material and Installation Specifications, published by the State Forestry Division.
5. Water-Wise Landscaping.
   1. Plant Selection and Grouping Requirements.
      1. Low water use plants (including grasses) are required on slopes that are steeper than 15 percent, and in all areas that are less than eight feet wide or otherwise difficult to irrigate and manage (unless such areas are characterized by hydric soils).
      2. Plants shall be selected based on their adaptability to the site. Native vegetation shall be installed, or protected and preserved when possible.
   2. Mulch. Mulch, such as bark, stone, or other materials left loose or other water saving treatments shall be used for all planting areas, except turf, in order to help maintain soil moisture and inhibit weeds. 
6. Trees.
   1. Trees shall be located in planting areas that are of sufficient size to allow for mature tree growth, to prevent damage from vehicles, and to avoid unnecessary maintenance to structures, walks, drives, and parking areas.
   2. A minimum of 25 square feet of permeable area around each tree is required.
   3. Adequate distance between individual trees shall be provided; minimum spacing is:
      1. Small trees = 15 feet; and
      2. Large trees = 30 feet.

(Ord. No. 4012, § 1, 7-14-2022) 

Effective on: 7/14/2022

1. Generally. In order to prevent erosion and wind-blown dust while of the same time being mindful of conserving water, pervious areas shall be covered with trees, shrubs, groundcovers (which may include ornamental grasses), mulch, or garden plants. Planting areas shall be planted or covered with drought tolerant, disease resistant, indigenous species of trees, shrubs and hedges, groundcovers and ornamental grasses (which may include turf), mulch, or garden plants; or where possible, retain existing native vegetation.
2. Mulch. Mulch may be inorganic (e.g., stone, gravel, tumbled glass, or shredded rubber); or organic (e.g., shredded hardwoods); however, materials that float shall be contained by edging, earthen berms or mounding, or in a prepared planting bed. Planting areas shall have no less than a two-inch-thick layer of mulch upon planting to reduce soil moisture evaporation and to discourage weed growth.
3. Plastic Sheeting and Landscape Fabric.
   1. If plastic sheeting is applied under mulched areas, the areas are counted towards the impermeable surface ratio of the parcel.
   2. If permeable landscape fabric is applied under mulched areas, the areas are not counted towards the impermeable surface ratio of the parcel.

Effective on: 8/31/2016

(Ord. No. 4012, § 1, 7-14-2022)

Effective on: 7/14/2022

1. Generally. Minimum requirements for residential lot landscaping are set out in this Section for individual parcels proposed for development.
2. Private Landscaping Options. In new residential subdivisions, all yard areas that are not covered by buildings, driveways, or other approved improved hard surfaces shall be:
   1. Planted with ground covers, trees and shrubs; or
   2. WaterSmart landscaped with drought-tolerant, naturally occurring materials; or
   3. Sodded or seeded.

(Ord. No. 4012, § 1, 7-14-2022) 

Effective on: 7/14/2022

1. Applicability. Site landscaping is required for:
   1. Landscape surface areas that are required and set out for nonresidential and mixed use development in Table 3.1.301A, Nonresidential and Mixed Use Development Standards; and
   2. Parking lots of multi-family, nonresidential, public and institutional, and mixed use development.
2. Landscape Surface Areas. Nonresidential and mixed use development is required to have a minimum landscape surface ratio (as set out in Table 3.1.301A, Nonresidential and Mixed Use Development Standards). All landscaped areas shall be landscaped in accordance with the provisions of this Section.
   1. Planting Location. Landscape plantings are not required in areas that are designed for direct vehicular access to the building, such as loading or service bays and drive-through lanes on the side of the building with a service window, but shall be installed adjacent to all other parking and vehicular use areas and building foundations, as illustrated in Figure 4.1.302A, Landscape Surface Areas. Set out in Section 4.1.403, Bufferyards for Parking and Vehicular Use Areas, is the required bufferyard landscaping along the parkway between the parking and vehicular use areas and the property line.
   2. Irrigation Systems
      1. For residential properties of four units or fewer, the maximum area served by the irrigation system shall not exceed 10,000 square feet.  Of that 10,000 square feet, no more than 5,000 square feet may be comprised of turf.  Of the 5,000 square feet of turf, no more than 2,000 square feet may be comprised of cool season turf, unless the area is not permanently irrigated.
      2. For all other properties, the maximum area served by the irrigation system shall not exceed 10,000 square feet.   Of that 10,000 square feet, no more than 5,000 square feet may be comprised of turf.  Of the 5,000 square feet of turf, no more than 30% of the property area (less impervious surface area) or 2,000 square feet per zoning lot, whichever is less, may be comprised of cool season turf.  A minimum of 30% of the landscaped area must utilize WaterSmart landscaping.
      3. Irrigation systems must be designed and operated to avoid watering impervious surfaces and streets and shall comply with all applicable codes. Overhead irrigation methods shall not be used within five feet of driveways, sidewalks or other hard surfaces where water may enter onto the public sidewalk, street, or enter the stormwater system. Landscape designers and property owners are encouraged to utilize WaterSmart landscaping and take advantage of its water-saving principles and practices.
3. Dumpster Screening.  Trash dumpsters in nonresidential areas shall be screened with an opaque wall or fence or a landscape hedge that is one foot taller than the dumpster.

(Ord. No. 4012, § 1, 7-14-2022)

Effective on: 7/14/2022

1. Generally. The classification of bufferyards required between non-residential and residential districts that are not separated by a public street or alley are as follows:
   1. Any non-residential lot developed adjacent to a residential use or zoning district is required to provide a 10 ft. district bufferyard. A 6 ft. solid fence, wall, or landscaping with a visual density equal to or greater than of a 6 ft. solid fence is required.

2. Composition of Bufferyards. Bufferyards may be classified as:

   1. Structural bufferyards, which include the use of a wall or fence to achieve the required level of screening; or

   2. Natural bufferyards, which include the use of an earthen berm and a higher density of plant materials to achieve the required level of screening.

3. Use of Bufferyards in Certain Locations.

   1. Between Districts. Structural bufferyards are the preferred composition along a district boundary that is not a street, or where there is a specific privacy or security need that requires a wall or fence.

   2. Between Mixed Uses. Structural and natural bufferyards may be used between mixed uses within a development, depending on the use types and intensities and the desired compatibility, privacy, and/or security.

4. Distance from Utilities.
   1. No trees shall be planted under or within 10 lateral feet of any overhead utility lines.
   2. No trees shall be planted over or within five lateral feet of any underground water line, sewer line, or other utility line, or as required by the owner of the utility or the requirements of the easement.
5. Sight Distance Triangles. The requirements of Section 6.2.207, Sight Triangle Requirements shall be observed.
6. Exemption. A parcel may be exempt from the requirements of this Section if it is separated from the adjacent property by a natural area that meets the screening required by the applicable bufferyard.

(Ord. No. 4012, § 1, 7-14-2022) 

Effective on: 7/14/2022

(Ord. No. 4012, § 1, 7-14-2022)

Effective on: 7/14/2022

(Ord. No. 4012, § 1, 7-14-2022) 

Effective on: 7/14/2022

(Ord. No. 4012, § 1, 7-14-2022) 

Effective on: 7/14/2022

(Ord. No. 4012, § 1, 7-14-2022)

Effective on: 7/14/2022

The following efforts shall be utilized to retain healthy, existing trees during construction and development on a site:

• Parking areas and building sites shall be located to preserve existing trees.
• Grates or other pervious surfaces shall be utilized within the drip line area of existing trees to allow water and air to reach the tree roots.
• Fill shall be prohibited in areas under the dripline of existing trees.
• Drastic changes in drainage patterns which might negatively affect existing trees shall be avoided.
• All trees to be retained shall have perimeter fencing at the extreme outer edge of the tree canopy. The fencing shall be chainlink, flagged with yellow caution tape or yellow pennants, and shall remain in place throughout the construction period. There shall be no activity of any kind inside the perimeter. No land clearing or building permits shall be issued until the perimeter of all tree stands have been properly fenced.

Effective on: 8/31/2016

1. Generally. Uses that require landscape plans shall provide for the care and maintenance of landscaping and trees within the landscape plan.
2. Maintenance Responsibility. The landowner is responsible for the maintenance of all landscaped areas, which includes abutting portions of public right-of-ways. Maintenance shall include keeping them in a proper, neat, and orderly appearance and free from litter and debris at all times, watering, pruning, and replacement.
3. Maintenance Standards.
   1. Maintenance shall include mowing, trimming, weeding, mulching, re-staking, pruning, fertilizing, disease and insect control, irrigation, and other necessary operations.
   2. All landscaped areas shall be kept free from refuse and debris.
   3. Maintenance and care shall meet the following standards:
      1. Landscape areas, including abutting landscaped portions of public right-of-way, shall be pruned as needed to present a healthy, neat, and orderly appearance at all times.
      2. Maintenance shall include the removal and replacement of dead, dying, or diseased plant material.
      3. Trees extending over a street shall be kept pruned so as to not interfere with street traffic.
   4. Nothing in this Section shall require any application or permit from any public utility provider prior to removing a tree whenever it has been determined that the tree poses a hazard, or interferes with restoration or continuation of utility services.
   5. Whenever required maintenance is identified, the City shall notify the property owner and tenant of the required action in writing. The property owner/tenant shall have 10 days from the date of receipt of the written notification to advise the City of plans to correct the deficiency. Failure to remedy the maintenance problem, or an unacceptable plan to correct the maintenance problem, shall constitute a violation of this Code. Plan for corrective maintenance may include the following:
      1. Availability of plants;
      2. Availability of water (drought policies); or
      3. Availability of qualified contractors or workforce.
   6. Irrigation systems shall be designed and operated to avoid watering impervious surfaces and streets and shall comply with all applicable regulations. Overhead irrigation methods shall not be used within five feet of driveways, sidewalks, or other hard surfaces. Landscape designers and property owners are encouraged to utilize WaterSmart landscaping and take advantage of its water-saving principles and practices.
   7. The City shall have the authority to require that all dead trees, shrubs, and plants be replaced during the next planting season unless the property owner has decided to WaterSmart landscape the property.
   8. All landscaping shall be subject to periodic inspection by the Zoning Administrator or an authorized representative, to determine compliance with the approved plan(s) and the requirements of this Section.
4. Pruning Practices. Topping, tipping, bark ripping, flush cutting, and stub cutting are prohibited for trees that are installed and maintained:
   1. Pursuant to an approved landscape plan (except on single-family and duplex lots that are maintained by the property owner); or
   2. Within the public right-of-way.

(Ord. No. 4012, § 1, 7-14-2022) 

Effective on: 7/14/2022

1. Generally. A landscape plan is required for all new development (excludes agricultural uses and one- and two-family dwellings) and substantial improvements, which require site plan approval. A landscape site plan shall be submitted to the Zoning Administrator for review and approval prior to the issuance of a building permit or plat approval, whichever is applicable. The approved site plan shall become part of the approved building plans and/or plat. Compliance with the standards of this Chapter shall be demonstrated by schematic landscape and irrigation plans and a landscape installation and maintenance plan. Collectively, these documents shall be referred to as the "landscape plan."
2. Approval and Timing of Approval.
   1. Plans meeting the standards of this Code shall be approved. However, in reviewing the plans, adjustments in the location of plants may be required where the City finds such alterations would better serve the purposes for which they are intended.
   2. Landscape plans containing street trees, open spaces, and residential bufferyards shall be submitted to the Zoning Administrator for approval.
   3. Landscape plans containing development landscaping; nonresidential, mixed use, or multi-family bufferyards; shall be submitted for approval during the site plan review process, which is prior to the building permit stage.
3. Period of Validity for Landscape Plan Approval. Final plan approval shall not be valid for a period longer than 12 months from the date it is approved, unless within such period a building permit is obtained and all additional building permits necessary to complete the project, as approved in the final plan completion schedule, are obtained in a timely fashion as determined by the Zoning Administrator. An extension may be granted not to exceed 12 months upon written request of the original applicant and resubmission of the application. However, the Planning Commission has the power in such cases to attach new conditions to its re-approval or to disapprove the reapplication. (Code 2000, § 17.120.040(L); Ord. No. 3882, § 10, 3-27-2014)
4. Variances and Appeals.
   1. Variances. Requests for exceptions to and variances from the provisions of this Code may be heard and granted by the Board of Zoning Appeals as set out in Section 11.2.410, Variances.
   2. Appeals. Appeals of staff determinations in the administration of this Code may be submitted to the Planning Commission as set out in Section 11.2.401, Administrative Appeals.

5. Offense

   1. It shall be considered an offense to remove, cut down, or destroy a protected tree in violation of the requirements and standards of this Code.

   2. An offense under this Chapter does not require any degree of mental culpability.

6. Penalties. Penalties for an offense of this Chapter shall be in accordance with Division 13.1.200, Enforcement.

Effective on: 8/31/2016

1. Contents of Schematic Landscape Plan. The landscape plan shall include the elements that are set out in this Section. The Zoning Administrator may waive elements of the landscape plan if it is found that they are unnecessary due to the type of development approval sought, or the conditions of the site being developed, or both. The Zoning Administrator is also authorized to require additional information on the landscape plan as needed to administer the requirements of this Code. The schematic landscape plan shall include all of the following information:
   1. Plan Drawing. The landscape plan drawing shall include all of the following information:
      1. A plan view drawing prepared at a standard scale that ensures clarity of the proposal (scale shall be approved by the Zoning Administrator), which shall indicate:
         1. A north arrow and scale;
         2. Existing and proposed topography and final grading of the site, shown at one-foot contours;
         3. Dimensions and surfacing of all easements, pedestrian walkways, and pedestrian-oriented areas (existing and proposed);
         4. Location and dimensions of maintenance easements for drainage facilities;
         5. Location of existing and proposed overhead and underground utilities;
         6. Location and base flood elevation of floodplains;
         7. Dimensions, slopes, and volume of stormwater detention areas;
         8. Dimensions, surface area, and type of planting area (e.g., bufferyard, parking lot landscaping, etc.) for each planting area;
         9. The location and quantity of trees and shrubs to be installed, which shall be drawn at three-fourths (3/4) of mature size and annotated with planting schedules to include genus, species, common name, drought tolerance, and size at planting;
         10. The location, quality, size (diameter at breast height), and protected root zone of trees that are to be preserved on the site;
         11. The location and extent of areas of groundcover; the groundcovers, turf, seed, or inorganic materials to be installed or planted; and the type of underlayment proposed to be used (if any);
         12. Dimensions of all landscape elements, including fences, walls, border edge treatments, berms, water features, trash enclosures, street furniture, signage, public art, and recreational facilities, as applicable (the Zoning Administrator may require details or specifications for landscape features or structures to be attached to the landscape plan in order to facilitate subsequent inspection);
         13. General layout, design, and the wet coverage area of irrigation systems;
         14. Special landscape features for stormwater detention and treatment, including the location, dimensions and volume of low impact development designs, such as green roofs, rain gardens, or bioswales;
         15. Dimensions and locations of sight distance triangles (see Section 6.2.207, Site Triangle Requirements); and
         16. Any credits that are requested for preserving existing trees pursuant to Table 4.1.203, Credit for Preservation of Existing Trees.
      2. Low Impact Development. Information regarding specific low impact development design techniques that will be used to encourage surface water infiltration while preventing damage to the street section may be required by the City if it is found that there is good cause to believe that such damage could occur.
      3. Open Space Landscaping (including common parking lots, if present). Landscaping in common open space areas shall be maintained by a property owners' association that is established pursuant to the requirements of Section 9.1.401, Required Property Owners' Association. In the alternative, the responsibility for maintenance of common open space may be allocated to a lessee, to a nonprofit conservation entity, or, if acceptable to the City Commission, the land may be dedicated to and maintained by the City. The maintenance responsibility shall be set out in the landscape plan that is required by this Section.
      4. Landscape Surface Area Landscaping (including parking lots). Landscaping in designated landscape areas of nonresidential, mixed use, and multi-family development shall be maintained by the applicant or successor in interest. In nonresidential, mixed use, multi-family, or other residential developments that are subdivided or divided into condominium ownership, such successor in interest must be a mandatory property owners' association that collects dues for common area maintenance and that has a lien right for said dues. The maintenance responsibility shall be set out in the landscape plan that is required by this Section.
      5. Private Lot Landscaping. Landscaping of private lots shall be the responsibility of the lot owner, unless a declaration of covenants, conditions, and restrictions assigns the responsibility to a property owner. The maintenance responsibility shall be noted in the landscape plan that is required by this Section.
      6. Street Trees (as applicable). Existing street trees and street trees that are installed with new development shall be maintained by a developer, lot owner, tenant, property owners' association, or other entity having a legal interest in the ownership of the subdivision or lots in the subdivision. The maintenance responsibility shall be set out in the landscape plan that is required by this Section.
2. Installation Details. Schematic drawings of typical plant installation methods shall be provided. Such drawings shall indicate whether and how the soil will be augmented to support the growth and health of the plant material.
3. Elevation Drawings. Scaled elevation drawings of proposed bufferyards shall be provided.
4. Water Source. All landscape plans shall indicate the source or sources of irrigation water and the types of irrigation used. This information may be provided on a separate sheet.
5. Schematic Irrigation Plans. Landscape plans shall include a schematic irrigation plan that shows:
   1. The proposed lap/backflow preventer and irrigation controller location;
   2. The location of the manual gate valve that will control the entire irrigation system;
   3. The anticipated type of irrigation proposed for each landscape area or irrigation zone (turf, shrub beds, etc.);
   4. The recommended setback distance of all proposed irrigation heads from back of curb or edge of pavement; and
   5. All proposed sleeve locations.
6. Lighting and Utilities. To reduce conflicts with other systems, landscape plans shall indicate all existing and proposed lighting and subsurface utilities.
7. Tabular Data. Tabular data shall show the area of each required landscape area, the number of each type of plant required in each area, each plant type used, the number of plants of each type to be installed, and the genus and species of plants used to meet the requirements of this Code.

Effective on: 7/14/2022