Peninsula City Zoning Code
CHAPTER 1129
Landscaping, Screening and Planting
1129.01 PURPOSE.
These regulations are intended to:
(a) Minimize the transmission from one land use to another of nuisances associated with noise, dust and glare.
(b) Minimize visual pollution that may otherwise occur within an urbanized area. Minimal screening provides an impression of separation of spaces, and more extensive screening can entirely shield the visual effects of an intense land use from a less intense land use.
(c) Establish a greater sense of privacy from visual or physical intrusion of intense land uses, the degree of privacy varying with the intensity of the screening.
(d) Safeguard the public health, safety and general welfare, preserve the aesthetic and environmental qualities, and enhance the community character.
(Ord. 21-2020. Passed 12-14-20.)
1129.02 PERFORMANCE STANDARDS.
Every development shall provide sufficient screening so that:
(a) Neighboring properties are shielded from adverse external effects of that development, regardless of whether it is separated by a right-of-way.
(b) It provides a transition zone between dissimilar land uses.
(Ord. 21-2020. Passed 12-14-20.)
1129.03 SCOPE.
(a) Except where more stringent standards or procedures are specified in this Ordinance, the standards and procedures in this chapter shall apply to all required screening and buffering areas.
(b) For all commercial, industrial, office, institutional and multiple-family uses in Commercial and Mixed Use zoning districts and for non-residential uses in Residential districts there shall be provided and maintained on the sides of the property abutting, adjacent to, or across the street from a residential district a screening/buffer zone as specified in this chapter, unless otherwise waived or reduced by the Commission or official approving the site plan.
(c) For utility buildings, stations and/or substations, screening shall be provided consisting of a six-foot high wall, berm or fence, except when all equipment is contained within a building or structure which is comparable in appearance to residential buildings in the surrounding area. (Ord. 21-2020. Passed 12-14-20.)
1129.04 PLAN SUBMISSION REQUIREMENTS.
Whenever landscape, screening and/or a buffer zone are required in this chapter, a preliminary landscape/screening plan shall be submitted to the Zoning Officer and a final plan approved by the Commission or other official approving the site plan. The plan shall be prepared by a landscape architect and sealed by an architect, landscape architect or engineer, and shall contain the following:
(a) All applicable information required by this Ordinance for site plan review.
(b) The location, general size, and type of existing vegetation to be retained.
(c) Existing and proposed grades.
(d) A planting schedule and plan providing the following information:
(1) The botanical and common name of each plant used.
(2) The size of each plant to be used at the time of planting.
(3) The quantity of each plant to be used.
(4) Whether plants to be used are balled and burlapped, container grown or bare root.
(5) The spacing and location of all proposed trees, shrubs, and ground cover. Ground cover is defined as low-growing woody shrubs, deciduous or evergreen plants, perennial plants and/or vines, such as low blueberry (Vaccinium vacillans), bearberry (Arctostaphylos uva-ursi), Northern bayberry (Myrica pensylvanica), cotoneaster (Cotoneaster horizontalis), or blue rug juniper (Juniperus horizantaus 'Wiltoni'). Grass and shredded bark, wood chips, other similar mulch or landscaping stones are also acceptable as ground cover for greenbelt areas.
(e) The percentage of landscaped area, excluding detention ponds, to be provided on site. (Ord. 21-2020. Passed 12-14-20.)
1129.05 STANDARDS.
1129.06 SCREENING REQUIREMENT.
(a) Plant Material Requirements.
(1) Deciduous or evergreen shrubs used in a landscape screen shall be at least two feet high at initial planting and shall be expected and permitted to grow to a height of at least three feet within two years of planting; such materials shall be expected and permitted to grow to a height of five feet.
(2) At initial planting, deciduous trees shall be a minimum of two- and one-half-inch caliper, ornamental trees a minimum of two-inch caliper and evergreen trees a minimum of five feet in height.
(3) The required height of a landscape screen may be reduced where it is determined by the Village Engineer and/or Zoning Officer that such landscaping would interfere with traffic safety and visibility.
(4) The required height of a landscape screen may be increased where significant changes in elevations between an adjacent property or public right-of-way make it necessary to comply with the intent of this Ordinance.
(5) The selected combination of plant materials shall be a harmonious combination of living deciduous and evergreen trees, shrubs and vines irregularly spaced to provide an effective year-round screen and to present an aesthetically pleasing view, and all quantities shall be based on the on a landscape plan that has been submitted and approved by the Planning Commission.
(b) Screening of Service Areas.
(1) For commercial, industrial, office, institutional and multiple-family uses, all service areas, loading and unloading activities shall be screened on those portions of the lot which abut a residential use. Screening shall consist of walls, landscaped earthen mounds, fences, natural vegetation or an acceptable combination of these elements, provided that screening must be at least six feet in height.
(2) Natural vegetation screening shall have a minimum opaqueness of seventy-five percent (75%) during full foliage. The use of year-round vegetation, such as pines or evergreens, is encouraged. Vegetation shall be planted no closer than three feet to any property line.
(c) Screening of Trash Receptacles.
(1) For commercial, industrial, office, institutional, and multiple-family uses, all trash and garbage container systems shall be screened or enclosed by walls, fences, or natural vegetation to screen them from view. Container systems shall not be located in front yards, and shall conform to the side and rear yard pavement setbacks in the applicable zoning District. The height of such screening shall be at least six feet in height.
(2) Natural vegetation shall have a minimum opaqueness of seventy-five percent (75%) at full foliage. The use of year-round vegetation, such as pines and evergreens, is encouraged.
(d) Buffering and Screening Requirements.
(1) For commercial, industrial, office and institutional uses which abut an existing residential use, a buffer zone with a minimum width of five feet should be created. Such screening within the buffer zone shall consist of fencing, natural vegetation or a combination of both. Vegetation shall be planted no closer than three feet to any property line. Natural vegetation shall have a minimum opaqueness of seventy-five percent (75%) during full foliage and shall be a variety which will attain at a minimum ten feet in height within five years of planting.
(e) Perimeter Parking Landscaping.
(1) Landscaping within the perimeter setbacks of all parking lots shall be in conformance with the standards established by Chapter 1125.
(Ord. 21-2020. Passed 12-14-20.)
1129.07 MODIFICATION OF SCREENING AND BUFFER ZONE REQUIREMENTS.
Because of the wide variety of land uses and the relationships between them and because of many different circumstances, the Commission may reduce or waive the screening and buffer zone requirements of this chapter after a detailed review and evaluation of an alternative screening plan. Whenever the Commission modifies the screening requirement, it shall find that the following standards have been met:
(a) The landscape/screening plan shall protect the character of new and existing residential neighborhoods against negative impacts such as noise, glare, light, air pollution, trash and debris, and hazardous activities.
(b) The Commission shall determine the screening, width and type of buffer zone needed to ensure compatibility based upon the following criteria:
(1) The development is compatible with and sensitive to the immediate environment of the site and neighborhood relative to architectural design, scale, bulk, building height, identified historical character, disposition and orientation of buildings on the lot and visual integrity.
(2) The site has natural existing vegetation and/or topography, natural bodies of water or wetland areas or other existing conditions which offer screening consistent with the standards set forth in this chapter. The Commission shall require the retention of these natural features as a condition of site plan approval.
(3) The arrangement, design and orientation of buildings on this site lends itself so as to maximize the opportunity for privacy and isolation from negative impacts of this project.
(Ord. 21-2020. Passed 12-14-20.)
1129.08 MATERIALS.
Fences shall be constructed out of any of the following materials: redwood, cedar, or No. 1 pressure treated wood, recycled lumber or vinyl closely resembling wood, wrought iron or aluminum closely resembling wrought iron, stone, brick, concrete with stone or brick veneer, or pre-cast concrete simulated stone or brick. All other materials including but not limited to chain link, vinyl clad chain link, woven wire or plastic mesh (with or without wooden slats) are prohibited as buffer material unless otherwise and expressly permitted by the Planning Commission. (Ord. 21-2020. Passed 12-14-20.)
1129.09 BERMS.
(a) Earthen berms required under this chapter shall consist of raised earth with side slopes of three-to-one or flatter with a four-foot wide flat or slightly rounded crest contoured to the side slopes to facilitate maintenance.
(b) Berms shall be covered with grass or other ground cover to prevent erosion. Berms shall also be landscaped with plant materials. A detailed landscape plan with a plant material list, including quantity, species, minimum size and spacing, shall be submitted with the site plan and approved by the Commission.
(Ord. 21-2020. Passed 12-14-20.)
1129.10 LOCATION OF SCREENING.
Screening required under this chapter shall be located directly adjacent to the lot line except where underground utilities interfere.
(Ord. 21-2020. Passed 12-14-20.)
1129.11 OPENINGS IN WALLS, FENCES, AND BERMS; CONSTRUCTION STANDARDS FOR WALLS.
Walls, fences and berms required under this chapter shall have no openings for vehicular traffic or other purposes, except such openings as may be approved by the Commission. All walls required in this chapter shall be constructed of stone, brick or shall have brick veneer on the side facing the residential district. The height of the wall shall be measured from the prevailing grade of the land on the residential side of the wall or berm. Walls shall be erected on a concrete foundation which shall have a minimum depth of forty-two inches below a grade approved by the Zoning Officer, and shall not be less than four inches wider than the wall to be erected.
(Ord. 21-2020. Passed 12-14-20.)
1129.12 BUMPER STOPS, CURBING OR WHEEL CHOCKS IN PARKING SPACES.
Bumper stops, curbing or wheel chocks shall be provided in parking spaces adjacent to a wall, fence or berm required under this chapter to prevent a vehicle from encroaching on or damaging the screening improvement. Bumper stops, curbing or wheel chocks shall be placed four feet from the required screening improvement.
(Ord. 21-2020. Passed 12-14-20.)
1129.13 CORNER CLEARANCE VISIBILITY.
The Zoning Officer may require a reduction in the height of a screening improvement where necessary to ensure adequate sight distance and/or corner clearance visibility for drive approaches and public streets in proximity to a screening improvement. In this case height may be reduced only for that portion of the screening improvement necessary to provide adequate sight distance and/or corner clearance necessary for traffic safety. Where it is necessary to reduce the height of a screening improvement, height shall be reduced gradually.
(Ord. 21-2020. Passed 12-14-20.)
1129.14 IRRIGATION OF VEGETATION.
Whenever a site plan requires landscaped earth berms or planted or natural vegetation screening, such areas shall be provided with an irrigation system or a readily available and acceptable water supply as approved by the Zoning Officer.
(Ord. 21-2020. Passed 12-14-20.)
1129.15 WAIVER OF REQUIREMENTS.
The Commission or official approving the site plan may waive or reduce the requirements of this chapter upon determining that the following would apply:
(a) The purpose of this chapter cannot be met; and
(b) Compliance with the requirements would impose a practical difficulty on the applicant or would create safety hazards to pedestrians or motorists.
(Ord. 21-2020. Passed 12-14-20.)
1129.16 SCOPE OF PLANT MATERIAL REQUIREMENTS.
Wherever in this chapter screening, planting and/or material in conjunction with an obscuring fence is required, it shall be planted within six months from the date of issuance of a temporary certificate of occupancy and shall thereafter be reasonably maintained with permanent plant materials to provide a screen to abutting properties. The location, type and quantity of the proposed landscape materials shall be installed in compliance with the landscape plan approved by the Commission or the official approving the site plan.
(Ord. 21-2020. Passed 12-14-20.)
1129.17 PLANT MATERIALS NOT PERMITTED.
For the purposes of this chapter, the following plant materials shall not be permitted:
(a) Ailanthus (tree of heaven) (Ailanthus altissima).
(b) Ash (Fraxinus spp).
(c) Asian bittersweet (Celastrus orbiculata).
(d) Box elder (Acer negundo).
(e) Buckthorn (Rhamnus spp).
(f) Elm (Ulmus spp).
(g) Hedge privet (Ligustrum).
(h) Japanese knotweed (Polygonum cuspidatum).
(i) Multiflora rose (Rosa multiflora).
(j) Norway maple (Acer phatanoides).
(k) Honeysuckle (Lonicera spp).
(l) Olive - Autumn and Russian (Elaeagnus spp).
(m) Poplar (Populus spp).
(n) Soft maple (Acer saccharinum).
(o) Purple loosestrife (Lythrum salicaria).
(Ord. 21-2020. Passed 12-14-20.)
1129.18 INSTALLATION AND MAINTENANCE.
(a) Whenever a landscape planting screen or other plantings are required under this chapter, such plantings shall be installed according to accepted good planting procedures and in a sound workmanlike manner. All plant material shall meet current standards of the American Association of Nurserymen. Landscaping shall be installed prior to the issuance of a final occupancy permit.
(b) All landscaped areas shall be provided with an irrigation system or a readily available and acceptable water supply, as approved by the Zoning Officer.
(c) Three-inch overall depth of shredded, non-colored hardwood Cedar or Cypress bark or ground cover, as defined in Section 1129.04(d)(5), shredded bark, wood chips, other similar mulch or landscaping stones shall be used in all planting beds. The minimum mulch radius shall be two feet surrounding a shrub and four feet surrounding a deciduous or evergreen tree. Deviations from this must be approved by the Zoning Officer before installation.
(d) All required landscape screening and planting shall be continuously maintained. Maintenance of plantings shall be done to ensure a healthy and neat appearance, free of disease and insect infestations as well as clear of weeds and debris. Unhealthy or dead plant material is to be replaced within one year from completion and inspection of plantings.
(Ord. 21-2020. Passed 12-14-20.)