Saugatuck City Zoning Code
SIGNS, SCREENING
AND FENCES
§ 154.140 SIGN DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BANNER. A flexible sign directly mounted to a building, or a support on a building, or between two poles made of natural or synthetic material that is used to call attention to a business, product, service, or activity, not including flags as defined in this section.
BULLETIN or MENU BOARDS. Printed or handwritten messages that announce an event held on the premises or sample restaurant menus attached to a bulletin board in a weatherproof enclosure.
CONSTRUCTION SIGN. A sign which identifies the owners, financiers, contractors, engineers, architects, tenants, or other parties responsible for a project under construction.
DIRECTIONAL SIGN. A sign for private traffic direction which directs traffic movement onto or within a property.
FEATHER FLAG SIGN, WINDFEATHER SIGN. A flexible sign made of natural or synthetic material typically fastened on one long side to a flexible or non-flexible pole mounted on the ground, intended to move with the wind to call attention to a business, product, service or activity, not including flags as defined in this section.
FLAG. A piece of fabric of distinctive design that is used as a sign, symbol, or emblem hung from a pole, a bracket, or attached to the side of a building.
GARAGE SALE SIGN. A sign used to advertise a private sale of personal household possessions and not for the use of any commercial venture.
HOME ADDRESS SIGN. A sign with a numerical address of the property.
HOME BUSINESS/HOME OCCUPATION SIGN. A sign which advertises or identifies a business that is located in a private residence.
INFORMATIONAL SIGN. Signs that carry information and have no commercial message such as telephone or loading only or one that lists business hours.
MURAL. A work of art applied to or made integral with a wall surface.
NEON SIGNS.
(1) EXTERIOR NEON SIGN. A freestanding or attached sign displayed on the exterior of a building.
(2) INTERIOR NEON SIGN. A neon sign displayed within four feet of a window and intended to be viewed from the outside.
OFF-PREMISE SIGN. A sign which directs attention to a business or service offered or existing elsewhere than upon the same lot where the sign is displayed. The above shall include an outdoor advertising sign (billboard) on which space is leased or rented by the owner to others for the purpose of conveying a commercial or non-commercial message.
PENNANT. Any lightweight plastic, fabric, or other material, suspended from a rope, wire, or string, usually in series, designed to move in the wind.
PERMANENT SIGN. Any sign constructed of durable materials, secured on a structure or property, and intended to exist for the duration of time that the use or occupant is located on the premises.
POLITICAL/ELECTION SIGN. A temporary sign used in connection with an official city, school district, county, state, or federal election or referendum.
PORTABLE SIGNS. Any sign designed to be moved easily and not permanently attached to the ground or other permanent structure, including but not limited to: flashing A-frames, searchlights, beacons, balloons, umbrellas, trailers, wheeled or non-wheeled carts, or signs inside, on, or against parked vehicles.
OPINION SIGN. A sign displaying a noncommercial message that is political, religious, or personal in nature.
REAL ESTATE SIGN. A sign advertising the real estate upon which the sign is located as being for sale or lease.
RENTAL SIGN. A sign advertising the rental of a dwelling for long or short-term occupancy.
SANDWICH BOARD SIGN. A temporary free standing sign constructed in such a manner as to form an “A” or a tent-like shape, hinged or not hinged at the top, each angular face held at an appropriate distance by a supporting member.
SIGN. Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, designs, trademarks, logos or pictures, or combination thereof, intended to be used to attract attention to or convey information about a person, place, business, firm, profession, or association.
SIGN AREA. The smallest area within a three or four sided polygon or circle enclosing the display surface of the sign including all letters, characters, and delineations that differentiate it from the background against which it is placed. SIGN AREA shall not include the structural supports for free standing signs. Where a sign has two faces, placed back to back, and are of equal size, the area of the two faces shall be considered as one face. If the two back-to-back faces are of unequal size, the larger of the two sign faces shall be counted as the sign area.
SIGN, ATTACHED. A permanent sign which is either painted or attached to the exterior wall of a building, including lettering on a canopy/awning, a sign hanging under a canopy/awning, or on the exterior of a window.
(1) CANOPY/AWNING SIGN. A fabric canopy or awning with all or any part used as a sign.
(2) PROJECTING SIGN. A double-faced sign attached at an angle or perpendicular to the wall of a building.
(3) ROOF SIGN. Any sign erected and constructed wholly on or over the roof of a building, supported by the roof structure.
(4) WALL SIGN. Any sign that is attached parallel to the wall or painted on the wall of a building.
(5) WINDOW SIGN. A sign painted on, or attached directly to, the exterior surface of a glass window or door.
(6) MARQUEE SIGN. A changeable message sign either freestanding or attached to a building. Also known as a MESSAGE BOARD.
SIGN, FREESTANDING. A permanent sign which is not attached to a building or any other structure and is set permanently in the ground with posts or base.
(1) PYLON SIGN. A freestanding sign affixed permanently in the ground and supported by a single or double post(s).
(2) MONUMENT SIGN. A freestanding sign affixed directly to a masonry or other base without a support post.
TEMPORARY SIGN. Any sign that is not constructed or intended for long term use or is not permanently attached to a building, window, or structure, including but not limited to banners, pennants, feather flag signs, windfeather signs, real estate signs, garage sale signs, directional signs for special events, or signs to advertise short term sales.
(Ord. 050711, passed - -; Am. Ord. 02-02, passed 2-11-2002; Am. Ord. 090824-1, passed 8-24-2009; Am. Ord. 101122-1, passed 11-22-2010; Am. Ord. 160808-2, passed 8-8-2016)
§ 154.141 SIGN REQUIREMENTS.
(A) Statement of purpose. The purpose of this chapter is to regulate permanent signs in a manner which will permit the identification and/or advertizing of a business, product, or event while maintaining the protection of the city’s appearance and the general welfare of the public.
(B) Regulation of sign requirements. All permanent signs shall be subject to the following regulations to be enforced by the Zoning Administrator, unless otherwise provided in this chapter (see § 154.022(K)(5), § 154.022(L)(4), and Chapter 152). Unless otherwise permitted within this section, no signage shall be displayed within the city. of Saugatuck.
(C) Sign permit procedure. All proposed permanent signs shall be subject to prior approval by the Zoning Administrator. All applications for approval of proposed signs shall indicate size, type, materials, structural supporting devices, and type of illumination (if any). A scale drawing of the proposed sign shall be provided with all applications. If the application is made by the building tenant, the same must have written permission for the proposed sign from the building owner. Sign approval shall be valid for a period of one year. If the approved sign is not installed within that period, a new application must be submitted.
(D) Signs- freestanding. Non-residential uses are permitted to have one freestanding sign per frontage. Said sign shall meet the following requirements:
(1) Total area of all freestanding signs for each lot shall not exceed 0.25 square feet per linear foot of property frontage on a public or private road up to 32 square feet;
(2) Freestanding signs shall not exceed 12 feet in height from the grade of the sidewalk to the upper most point of the sign. If no sidewalk is present, then the measurement shall be taken to the grade of the nearest public or private road;
(3) Freestanding signs shall be located at least five feet from any property line;
(4) Freestanding signs shall be located at least 25 feet from any other freestanding sign;
(5) Freestanding signs shall be placed in a manor as to not create a traffic vision obstruction; and
(6) Directional freestanding signs, on private property for the direction of traffic, shall not exceed two square feet in size per sign, and shall be approved as part of an overall site plan by the Planning Commission.
(E) Attached signs. Each non-residential use is permitted to have up to two wall signs per building frontage. Attached signs as defined in this chapter shall meet the following requirements:
(1) The total area of all attached signage associated with a non-residential use shall not exceed 0.75 square feet per linear foot of building frontage. The maximum area of any sign visible from more than one street shall not exceed 0.75 square feet per linear foot of the largest building frontage and shall count as the signage for that frontage. If the building contains more than one business, then the frontage shall be limited to the building frontage of the tenant space facing a public street or primary entrance;
(2) Projecting and canopy signs shall be located such that there is a clear area of no less than seven feet below the lowest part of the sign and the sidewalk or ground surface below the sign and shall not project more than four feet from the building face to which it is attached;
(3) No attached sign shall be permitted to extend above the roofline of the building to which it is attached;
(4) No projecting or canopy sign shall be within ten feet of another projecting or canopy sign; and
(5) Building names which do not contain a commercial message, as determined by the Zoning Administrator, and have been engraved into stone or brick as part of the building facade shall not be included in the calculation of signage or number of signs permitted.
(F) Sign illumination. The illumination of permanent signs shall be subject to the following regulations:
(1) All externally lit signs shall be designed so that the light source shall not be visible from the public right-of-way;
(2) All internally lit signs shall be designed such that the source of the lighting is not visible from the public right-of-way; and
(3) No sign shall contain lights which flash, change color or intensity.
(G) Exempt signs. The following permanent signs are exempt from requiring a permit or historic district approval if they meet the following regulations:
(1) Signs on docks: Signs on docks shall be permitted subject to the following regulations:
(a) Primary signage meant to identify a business or service from a waterway shall be limited in size to six square feet in area; and
(b) Signage on a boat dock with the main business located in a nearby building shall be limited to one sign with a maximum area of 1.5 square feet oriented vertically, and attached only to a piling at the entrance to the dock.
(2) Residential signs: Buildings that do not contain any commercial use shall be permitted to have an attached sign up to two square feet listing the name of the structure, the occupants, street address, or other non-commercial message.
(3) Signs erected by government agencies and necessary for the identification, operation, or protection of public services, incidental to the legal process, or necessary for public welfare.
(4) Flags: Official national, state, local, provincial, or other government entity flags, and official public or private educational institution, fraternal organization, society, or similar organization flags, no larger than 24 square feet in size shall be permitted. Flags displaying commercial emblems, commercial messages, business or organization names, or “Open” or similar message shall be regulated as attached signs.
(H) Historic district. Permanent signs located within the historic district shall require approval from the Historic District Commission before installation.
(J) Compliance with building codes. All signs shall comply with the building and electrical codes of the city. Underground wiring shall be required for all illuminated signs, or signs requiring electrical connections which are not attached to a building.
(K) Existing non-conforming signs. The intent of this section is to permit the continuance of a lawful use of any sign existing at the time of the effective date of this section, although the sign or supporting structure may not conform with the provisions of this section. Further, it is the intent that non-conforming signs and structures be gradually eliminated upon their natural deterioration.
(1) Every permanent legally existing sign which does not conform to the height, size, area, or location requirements of this subchapter as of the date of the adoption of this section, is hereby deemed to be non-conforming.
(2) Alteration, erection, replacement, or enlargement of signs. No person, firm, corporation, partnership, or other legal entity shall alter, replace, or enlarge the faces, supports, or other parts of existing non-conforming signs except in accordance with this section. Non-conforming signs, however, may be repaired, repainted, or otherwise maintained.
(3) Accidental destruction.
(a) If a non-conforming sign is destroyed, it may be replaced, provided that it is not enlarged in size or dimension. If the sign is located in the public right-of-way, the sign may not be replaced without the approval of the Zoning Board of Appeals for a sign permit.
(b) For the purpose of this section, a non-conforming sign is destroyed if damaged to an extent that the cost of repairing it to its former state or replacing it with an equivalent sign equals or exceeds the value of the damaged sign prior to the damage.
(4) A non-conforming sign may be diminished in size or dimension, or the copy of the sign amended or changed without jeopardizing the privilege of non-conforming use.
(L) Permanent signs in the public right-of-way or in city parks.
(1) All existing non-conforming signs, supports, and structures located in the public right-of- way may continue to occupy the right-of-way until such time that they are accidentally destroyed, removed, or become non-functional. These signs shall not be replaced without approval of the Planning Commission for a sign permit, the City Council for a revocable license, and the Historic District Commission if located in the Historic District.
(2) Any new permanent signs within the public right-of-way shall obtain City Council approval prior to erection. Signs shall not create a traffic vision obstruction, pedestrian traffic obstruction, or prevent the general accepted use of the public right-of-way.
(Ord. passed 6-24-1996; Am. Ord. passed 4-27-1998; Am. Ord. 050711, passed - -; Am. Ord. 02-02, passed 2-11-2002; Am. Ord. 090824-1, passed 8-24-2009; Am. Ord. 101122-1, passed 11-22-2010)
Penalty, see § 154.999
§ 154.142 SCREENING.
(A) Intent. The intent of this section is to promote the public’s health, safety and general welfare by minimizing noise, air and visual pollution; to improve the appearance of off-street parking and other vehicular use areas; and require buffering between incompatible land uses.
(C) Landscape plan required. A landscape plan shall be required to be submitted as part of a site plan review (see §§ 154.060 through 154.068) showing landscaping, greenbelt buffer zone(s), and/or screening consistent with the requirements set forth herein. The landscape plan shall include but not be limited to:
(1) Location, spacing, size and descriptions for each plant type proposed for use within the required landscape area;
(2) Minimum scale: one inch equals ten feet;
(3) Existing and proposed contours on-site and where requested by the Zoning Administrator, 150 feet beyond the site at intervals not to exceed two feet;
(4) Typical straight cross-section including slope, height and width of berms and type of ground cover, or height and type of construction of wall or fence, including footings;
(5) Significant construction details to resolve specific site conditions, such as tree wells to preserve existing trees or culverts to maintain natural drainage patterns;
(6) Planting and staking details in either text or drawing form to ensure proper installation and establishment of proposed plant materials;
(7) Identification of existing trees and vegetative cover to be preserved;
(8) Identification of grass and other ground cover and method of planting; and
(9) Identification of landscape maintenance program including statement that all diseased, damaged or dead materials shall be replaced in accordance with standards of this chapter.
(D) Screening between land uses. Upon any project for which a site plan is required, or whenever a nonresidential use or multiple family dwelling abuts a residentially zoned or used property, screening shall be constructed along all adjoining boundaries with residentially zoned or used property. The Planning Commission may waive some or all of these provisions for a planned unit development where the waiving of the provisions will strengthen the planned unit development concept. The required screening may be accomplished by the following methods:
(1) A buffer zone at least ten feet in width consisting of living plant materials so as to maintain a minimum opacity of at least 80%. Opacity shall be measured by observation of any two square yard area of landscape screen between one foot above the finished grade and the top or highest point of the screen. The plantings must meet this standard based on reasonably anticipated growth over a period of three years. In the event that after a period of three years, the screening has not achieved an opacity of 80%, the property owner may be required to install additional plant material.
(2) An earthen berm constructed with slopes not to exceed 1:3 and planted with grass, ground cover or other living plant material to prevent soil erosion. Berms shall be constructed with a rounded surface with a 2-foot minimum width at the highest point of the berm and extending the length of the berm.
(3) A solid wall or fence meeting the requirements of this section at least five feet but not greater than six feet in height measured on the side of the proposed wall having the higher grade within five feet horizontally. When the distance between structures or adjoining lots is less than twice the minimum setback, or where there is a need to provide a greater noise or dust barrier or to screen more intense development, a solid wall or fence may be required at the discretion of the Planning Commission.
(4) A combination of an earthen berm and a solid wall which meet the requirements of this section.
(E) Screening adjacent to a street or highway. Upon any project for which a site plan review is required, a greenbelt buffer strip with the minimum width determined by half the front yard setback its zoning classification shall be located between the abutting right-of-way of a public street or state highway.
(1) The buffer strip shall be landscaped with a minimum of one tree not less than 12 feet in height or a minimum caliper of two and one-half inches (whichever is greater at the time of planting), for each 30 lineal feet, or major portion thereof, of frontage abutting the right-of-way. The remainder of the greenbelt shall be landscaped in grass, ground cover, shrubs and/or other natural living landscape material.
(2) Access ways from a public right of way through required landscape strips shall be permitted, but the access ways shall not be subtracted from the lineal dimension used to determine the minimum number of trees required unless the calculations would result in a violation of the spacing requirement set forth in this section.
(F) Additional screening requirements. Where a commercial or industrial zone or use abuts a residential zone or use, all support equipment including but not limited to air conditioning and heating equipment, gas meters and exhaust fans located outside of a building shall be screened from the view of abutting streets and surrounding properties. If the building is located in the Historic District, the proposed screening must be approved by the Historic District.
(1) Roof mounted equipment. Roof mounted equipment shall be screened from the view of abutting streets and surrounding properties by an architectural feature such as a parapet wall, roof or other structure that is compatible with the building. If the building is located within the Historic District, the proposed screening must be approved by the Historic District Commission.
(2) Equipment at finished grade. When located on the ground adjacent to a building, mechanical equipment shall be screened from the view of the street or surrounding properties by a solid wall, fencing or landscaping.
(3) Outdoor storage. In all commercial or industrial districts, outdoor storage areas shall be screened by a solid wall, fence or landscaping.
(4) Public utility substations. Public utility substations shall be screened on all sides by a solid wall, fence or landscaping.
(5) Loading areas. Loading areas shall be screened whenever abutting a different zone or a residential property consistent with the requirements of this section.
(6) Trash storage areas. All areas used for the storage of trash or rubbish including dumpsters and other commercial containers shall be screened on all sides by a solid screen no less than six feet in height. Gates shall have a working latch and remain closed when not in use. All such enclosures shall be maintained in good working order with properly functioning gates and hardware.
(7) Privacy screen. Structures in a Residential Zone shall not exceed six feet in height above the surface of the deck, patio or pool or other area to be screened. These structures shall not require a fence permit.
(G) Parking lot landscaping. Separate landscaped areas shall be required either within or at the perimeter of parking lots. There shall be one tree for every eight parking spaces, with minimum landscaped space within a designated parking area of 50 square feet. A minimum distance of three feet shall be established between proposed tree or shrub plantings and the backside of the curb or edge of the pavement.
(H) Greenbelt buffers.
(1) A strip of land with a minimum width determined by the front yard setback of its zoning classification shall be located between the abutting right-of-way of a public street, state highway or major thoroughfare, and shall be landscaped with a minimum of one tree not less than 12 feet in height or a minimum caliper of two and one-half inches (whichever is greater at the time of planting) for each 30 lineal feet, or major portion thereof, of frontage abutting the right-of-way. The remainder of the greenbelt shall be landscaped in grass, ground cover, shrubs and/or other natural, living, landscape material.
(2) Access ways from a public right-of-way through required landscape strips shall be permitted, but the access ways shall not be subtracted from the lineal dimension used to determine the minimum number of trees required unless the calculation would result in a violation of the spacing requirement set forth in this section.
(I) Exceptions to fencing and screening requirements.
(1) Buildings abutting lot lines. Required screening or fencing may be omitted along any lot line where a building wall exists immediately abutting the lot line.
(2) Location adjustment. Where property line fencing or screening is required, the location may be adjusted so the fencing may be constructed at or within the setback line, provided the areas between the fence and the lot lines are landscaped, or in naturally vegetated areas, retained in their natural vegetative state at the discretion of the Planning Commission.
(3) Existing screening. Any fence, screen, wall or hedge which does not conform to the provisions of this section and which is legally existing at the effective date of this chapter may be continued and maintained, provided there is no physical change other than necessary maintenance and repair in such fence, screen, wall or hedge except as permitted in other sections of this chapter.
(4) Planning Commission modification. Any of the requirements of this section may be waived or modified through site plan approval, provided the Planning Commission first makes a written finding that specifically identified characteristics of the site or site vicinity would make required fencing or screening unnecessary or ineffective, or where it would impair vision at a driveway or street intersection.
(5) Zoning Board of Appeals. The Zoning Board of Appeals may require or waive any fencing, screening, landscaping or buffering as may be provided for in this section as a condition of a variance or other authorization in whatever manner necessary to achieve an identified public purpose. The Zoning Board of Appeals shall record the reason for the condition and clearly specify what is required in any approval granted.
(Ord. 02-02, passed 2-11-2002)
§ 154.143 FENCING.
(A) Intent. The purpose of this section is to promote the public health, safety and welfare by regulating the manner and location of fence installations in the city while preserving the appearance, character and value of the community and its residential neighborhoods and commercial areas.
(B) Permit required. The erection, construction or substantial rebuilding of any fence shall require a fence permit. Substantial rebuilding is reconstruction of more than 50% of the structure, a change in height of the structure or a change from existing material. Painting, cleaning, replacement of like materials or other actions commonly considered as general maintenance shall not be defined as "substantial rebuilding".
(C) Permit process. Any person desiring to construct, or cause to be constructed, any fence or screen for which a permit is required as defined in this chapter, shall apply to the Zoning Administrator for a permit. A site plan of the proposed fence or screen shall be submitted with the application and shall:
(1) Be drawn to scale with the scale noted, and the direction north noted;
(2) Include the name, address and phone number of the person who prepared the drawing;
(3) Show the locations and proper dimensions of lot lines and street right of way lines. A legal survey may be requested at the discretion of the Zoning Administrator;
(4) Show the location of the proposed fence or screen in relation to the property lines;
(5) Show the height of the fence throughout; and
(6) The Zoning Administrator shall review the application with respect to compliance with the requirements of this chapter. If all requirements have been met, a permit will be issued.
(D) General requirements.
(1) Materials. Fences and screens shall be constructed of steel, iron, wood, masonry or other durable materials. Masonry piers may be substituted for wood posts.
(2) Construction. Fences and screens shall be constructed and maintained plumb and true with adequate support and in a safe and sightly manner. Posts or piers shall be spaced not more than eight feet on center.
(3) Maintenance and repair. The owner of any fence or screen shall remove or repair a fence that is dangerous, dilapidated or otherwise in violation of this code. Fences and screens shall be maintained to retain their original appearance, shape and configuration. Elements of the fence or screen that are missing, damaged, destroyed or repaired shall be replaced and/or repaired to maintain conformity with the original fence.
(4) Fire/public hazard. No fence shall be approved which constitutes a fire hazard either of itself or in connection with the existing structures in the vicinity, nor which interferes with access by the Fire Department, or which will constitute a hazard to street traffic or pedestrians.
(E) Fence location and height regulations.
(1) There shall be a maximum of one fence permitted along a property line for each property owner. No portion of a fence shall project beyond the owner's property line.
(2) When erecting a new fence next to an existing fence, the maintenance of the area between the fences shall be the responsibility of the person erecting the new fence. Fence panels shall be raised sufficiently above grade to allow for maintenance of the area between the fences.
(3) The decorative side of the fence (the one that reveals to the least extent the support members of the fence) shall be located so that it is facing toward the adjacent properties and toward the street on a corner lot.
(4) Fences located within a rear or side yard shall not exceed six feet in height measured from the surface of the ground, unless as part of an approved site plan, in which case the Planning Commission may approve fences up to ten feet in height.
(5) Fences located within a front yard setback shall not exceed three feet in height measured from the surface of the ground and shall not be located within one foot of the public right-of-way or sidewalk and shall not prevent clear vision of an intersection or a driveway.
(6) For corner lots, fences located within a side yard abutting a side street shall not exceed six feet in height measured from the surface of the ground. All fences in the side yard on a side street shall be located at least one foot from the public right-of-way or sidewalk and shall not prevent clear vision of an intersection or a driveway. Clear vision at an intersection means that no fence higher than three feet measured from the surface of the ground shall be placed within 20 feet of an intersection as illustrated below:
(7) No fence may be located in the public right-of-way, including but not limited to the area between the sidewalk and the street.
(8) For purposes of this division, for a corner lot the widest lot dimension along a street line shall be deemed to be a side yard on a side street.
(F) Additional fence requirements.
(1) Barrier fences. Fences containing barbed wire, electric charges or sharp materials at the top of the fence are prohibited unless needed to protect the public safety and approved by the Planning Commission.
(2) Temporary construction fences. Temporary construction fences and fences for protection around excavations shall comply with all requirements of the State Construction Code. The fences shall not be in place for a period of more than one year without special approval from the Zoning Administrator.
(3) Hedges. A hedge used as a fence or screen shall be considered a fence for the purposes of this chapter.
(4) Masonry walls. A masonry wall used as a fence or screen shall be considered a fence for the purposes of this chapter. Masonry walls shall be constructed to facilitate maintenance. Drainage patterns shall not be modified so as to endanger adjacent property. The outer face of the wall (those facing adjacent property owners or streets) shall be made of clay, brick, stone, split face or cut concrete block, or other similar decorative material.
(6) Waterfront. Fences located within 25 feet of the shore of any lake, river or stream shall not be greater than four feet in height and shall be wrought iron, open mesh, chain link, lattice, slatted or similar type fencing provided that a minimum ratio of six parts open space to one part solid material is maintained.
(Ord. 02-02, passed 2-11-2002; Am. Ord. 140714-1, passed 7-14-2014; Am. Ord. 170522-1, passed 5-22-2017; Am. Ord. 201109-B, passed 11-9-2020)
§ 154.144 LANDSCAPING.
(A) Intent. The intent of this section is to promote the public’s health, safety and welfare by reducing noise and visual pollution; improving the appearance of off-street parking and other vehicular use areas; by requiring buffering between incompatible land uses and regulating the appearance of property abutting public rights of way.
(B) Application of regulations.
(2) No site plan shall be approved unless the site plan shows landscaping, greenbelt buffer zones and/or screening consistent with the requirements set forth herein.
(C) Site landscaping requirements. Upon any project for which a site plan review is required, a minimum of 10% of the site area shall be landscaped excluding the road right of way. Areas used for storm drainage purposes such as unfenced drainage courses or retention areas may be included as a portion of the required landscaped area but not to exceed 5% of the site area. This shall be in addition to any buffer zone or parking lot landscaping required by this section.
(1) Quality of plant materials. Plant materials shall be of generally acceptable species, free of insects and disease, hearty to the climate and shall conform to the minimum standard of the American Association of Nurserymen.
(2) Existing trees. Existing trees labeled "To Remain" on site plans shall be protected during construction by the installation of barriers or fences placed around the drip line of any tree intended to be saved to prevent any vehicle or other construction equipment from being parked or stored within the drip line.
(3) Trees damaged or removed. In the event that healthy trees which are used to meet the minimum requirements of this chapter are cut down, destroyed, damaged or excavated at the drip line, as determined by the city, the contractor shall replace them with a tree of minimum size as required in §§ 154.140 through 154.144.
(4) Installation, maintenance and completion. All landscaping required by this chapter shall be planted prior to obtaining a certificate of occupancy or a performance bond shall be secured pursuant to § 154.173 for the amount of the cost of the landscaping, to be released only after landscaping is completed to the satisfaction of the city.
(Ord. 02-02, passed 2-11-2002)