This section requires and regulates the installation and maintenance of landscaping on property and in adjoining rights-of-way. More specifically the purposes are as follows:

(a)

To improve, protect and preserve the appearance, character, and value of surrounding neighborhoods;

(b)

To buffer uncomplimentary or incompatible land uses;

(c)

To ensure the local stock of trees is replenished;

(d)

To contribute to the processes of air purification, oxygen regeneration, groundwater recharge, and stormwater runoff retardation;

(e)

To aid in abating noise, glare, and heat;

(f)

To provide landscaped areas within parking lots which are designated to break up large areas of impervious surfaces, provide shade, buffer and screen adjacent properties and promote a safe environment with a pleasing appearance.

(Ord. No. 7-2009, § 2, 10-28-2009)

The requirements of this section are minimum requirements and apply to all private property within the corporate limits of the City of Sheridan.

(a)

Single-family dwellings. Existing attached and detached single-family dwellings and adjacent rights-of-way, except for arterial rights-of-way, shall be maintained so as not to violate Chapter 46, Article III of this Code, but are otherwise exempt from the requirements of this article. Common areas, such as open space or clubhouse areas, shall comply with the requirements of this article.

(b)

Undeveloped property or portions of property. Undeveloped property or undeveloped portions of property shall be maintained according to Chapter 46, Article III of this Code.

(c)

New development and redevelopment. All new development and the redeveloped portion of an existing development shall comply with the requirements of this article.

(d)

Existing development. Existing development, with or without an approved landscape plan, shall be maintained according to Chapter 46, Article III of this Code.

(Ord. No. 7-2009, § 2, 10-28-2009)

This section defines the amount, type and location of required landscaping, and substitutions may be allowed for these requirements according to section 56-514. No less than one-half (50%) of any required landscaped area shall be covered by living plant material.

(a)

Along street or highway frontages. All portions of the public street or highway right-of-way between the edge of any adjoining public street or highway and the property line shall be landscaped, but in no case shall the total width of the landscaped strip along any street or highway be less than eight feet, except where substitution is allowed. One shade tree is required in or adjacent to the street or highway right-of-way for every 30 feet of street or highway frontage.

(b)

Residential buffer. A landscape strip no less than 20 feet wide is required between any residential use and any other type of use.

(c)

Parking areas. A berm no less than 30 inches high is required along all edges of parking areas which face public rights-of-way. A landscape strip no less than eight feet wide and containing no less than one shade tree every 30 feet is required between a parking area and any adjacent property, except when a common parking area extends across the common property line, and except when the adjacent property is a street or highway, in which case subsection (a) governs. This should not be construed to mean trees placed 30 feet on center.

(d)

Usable open space. For any residential use other than single-family attached or detached dwellings, a landscaped area or areas usable for active or passive recreation shall be provided in an amount appropriate to the residential use and shall be in addition to any of the above requirements.

(Ord. No. 7-2009, § 2, 10-28-2009)

Substitution may be made for the amount, type, or location of landscaping required by section 56-513 or the size of landscape material required by section 56-516, subject to the approval of the building official. Said substitutions may be allowed because of unique site characteristics, site constraints, or where such substitutions are consistent with the purpose and intent of section 56-511.

(a)

Amount, type and location. Landscape materials have been assigned point values in Table 56-514. Landscape materials listed in Table 56-514 may be substituted for any landscaping required by section 56-513, so long as the material or materials being substituted have the same combined point value as the required landscaping being replaced. The substitute materials may be located on or adjacent to the property. No substitution is allowed for the requirement to landscape all portions of public street rights-of-way between the edge of the public street and the property line.

(b)

Size. A larger tree or shrub may be substituted for several smaller trees and shrubs, but not vice versa, so long as the combined caliper size of the smaller trees equals the caliper size of the larger tree and the combined container size of the smaller shrubs equals the container size of the larger shrub.

(c)

Xeriscaping. Use of low water consumption plant materials is encouraged and the building official is specifically authorized to approve the substitution of xeriscape plantings in accordance with this section.

Note: "psf" means "per square foot," and "plf" means "per lineal foot."

(Ord. No. 7-2009, § 2, 10-28-2009)

(a)

Existing trees. Existing healthy trees of at least four-inch caliper size shall be saved, unless the owner or developer can demonstrate, to the satisfaction of the building official, site design restrictions which require their removal.

(b)

Natural or manmade amenity. When a property or development abuts a natural or manmade amenity such as a river, drainageway, wetland, canal or park, landscaping shall be integrated with and respect the integrity of the amenity.

(c)

Soils. In the event of heavy clay soils on site as noted in a soil report, sprinkler heads and plant materials shall be installed no closer than ten feet from building foundations.

(d)

Utility lines. No tree may be planted closer than five feet, measured horizontally, to an underground utility line or closer than one-half of its mature spread to a streetlight pole. No tree or shrub over 15 feet high at maturity may be planted under an electrical transmission line. Lower heights for trees or shrubs under electrical distribution lines shall be as established by the electric utility.

(e)

Vision triangle. No part of any landscaping may obstruct the vision triangles for street corners or entry drives.

(Ord. No. 7-2009, § 2, 10-28-2009)

(a)

Health and source of plant materials. All plants shall meet or exceed the requirements of the Colorado Nursery Act of 1965 [C.R.S. §§ 35-26-101—35-26-115], or any subsequent revisions of the act.

(b)

Prohibited or restricted materials. The planting of American Elm trees is prohibited. Siberian Elm, Box Elder, and all members of the salix and populus genus (except Cottonless Cottonwood), and all fruit trees (except Crabapple) shall not be planted within 25 feet of a street right-of-way. Russian Olive trees shall not be planted within ten feet of a public walk or trail. No artificial trees, shrubs, turf or plants are allowed. Plants which have thorns, spines, or prickles shall not be planted or maintained upon public right-of-way, or be closer than 12 inches, measured horizontally, to walks or other pedestrian areas. Tree limbs or branches may be no less than eight feet above any public walk or pedestrian area.

(c)

Minimum size and characteristics of landscape materials and elements.

(Ord. No. 7-2009, § 2, 10-28-2009)

(a)

Review process.

(1)

Sitework. A landscape plan approved by the building official is required prior to any grading, bulldozing or other extensive removal of existing vegetation, other than the construction of a private road or driveway to provide access to a property.

(2)

Building permits. At the time of application for a building permit, four copies of the landscape plan shall be submitted to the building official. An irrigation plan showing the size and location of all components shall be approved by the building official before a building permit is issued.

(b)

Landscape plan. The landscape plan shall include a plan showing site and landscape information, a list of landscape materials, landscape statistics, landscape details, and general landscape notes. Site plan and landscape plan information may be on a combined plan or on separate plans.

(1)

Plan content. The plan shall be drawn to a scale not less then one inch equals 50 feet and shall include a north arrow, written and graphic scales, and the location and identification of existing and proposed property lines, easements, streets, buildings, structures, fences, berms, screens, vehicle use areas, walks, utility lines and equipment such as meters or transformers, street lighting, site lighting, stormwater detention areas, plant materials, trees to be removed and retained, the source of the irrigation supply, and other landscape elements, and the zoning and land use for all adjacent properties. Treatment of all ground surface areas shall be identified.

(2)

Plant and material list. The plant and material list shall include the common and botanical names for all plants and the quantity, minimum size, and any applicable notes for each plant and material provided.

(3)

Landscape statistics. The landscape statistics shall include the total area, landscaped area, and percentage of area landscaped for both the property and the adjoining rights-of-way, as well as the quantities of landscape materials and point values where any substitution of landscaping has been done, according to section 56-514.

(4)

Landscape details. Details shall be provided for typical tree planting, typical shrub planting, trash enclosure, all exterior signs, and typical exterior lighting.

(5)

General notes. The general notes shall include general specifications meeting recognized landscape industry standards for the following, as applicable: Intent of the landscape design, treatment of existing trees to be retained, landscape materials, installation, irrigation, and maintenance.

(Ord. No. 7-2009, § 2, 10-28-2009)

(a)

Protection from vehicles. All landscaped areas in or adjacent to vehicle use areas shall be protected from potential vehicle damage by a curb at least six inches high or by other means approved by the building official. Shrubs and tree trunks shall be located no less than 42 inches behind the face of the curb or other approved means.

(b)

Protection from persons. No person, firm or other party shall abuse, mutilate or otherwise harm a tree or plant located within a public right-of-way or on any other public property by cutting, carving, damaging, transplanting or removing a tree or plant; injuring the bark, branches or leaves of any tree or plant; or attaching a rope, wire or other contrivance, such as a sign, to any tree or plant.

(c)

Protection of persons. Plants which have thorns, spines, or prickles shall not be planted, maintained or allowed to intrude onto the public right-of-way or be closer than 12 inches, measured horizontally, to any sidewalk or pedestrian area.

(d)

Maintenance. The property owner, his agent or tenant, or a homeowner's association, where such an association has assumed landscape maintenance responsibility, shall be responsible for regular irrigation, weeding, fertilizing, and pruning of all outside plant materials on the property and in any adjacent public street or highway rights-of-way. Plants exhibiting evidence of insect pests, disease, or damage shall be appropriately treated. Nonliving landscape materials which no longer fully cover the area they were originally deposited on shall be replenished in a manner which achieves full area coverage, to a minimum depth of three inches. Structural landscape features shall be kept in good condition.

(e)

Replacement. Dead plants shall be removed in accordance with section 46-47 of the Municipal Code. Dead plants shall be replaced within one month of their death of written notice from the building official, whichever comes first, except that during periods of adverse weather conditions, a longer period of time, not to exceed six months, may be granted by the building official. Replacement plants shall be of the size shown on the approved landscape plan.

(f)

Irrigation. For plant material native to the general Denver metropolitan area, small accessible areas may be handwatered. For sod and all other ground covers, shrubs, and trees, a permanent irrigation system is required.

(g)

Conformance with approved plan. Landscaping shall be installed and maintained in substantially similar manner as originally approved by the building official, unless altered with the approval of the original approving party.

(h)

Completion of work prior to certificate of occupancy. Required landscaping shall be installed prior to the issuance of a certificate of occupancy, unless security equal to 125 percent of the cost of the landscaping not installed, as determined by the building official, is filed with the city assuring such installation within six months of occupancy. A cost estimate for landscaping shall be presented to the building official for approval. "Security" may consist of cash, certified check, time certificates of deposit, assignment of savings account or other such assurance of completion as shall meet with the approval of the city attorney. If the installation of the landscaping is not completed within the six-month period, or within an extension of time authorized by the building official, the security may be used by the city to complete the remaining installation. Upon completion of the installation, any portion of the remaining security deposit with the city shall be returned to the applicant. When seeding is permitted, security shall not be released until the seeding is considered to be established in a healthy state by the building official. The developer or owner shall promptly reimburse the city for any costs in excess of the financial guarantee.

(Ord. No. 7-2009, § 2, 10-28-2009)

As used in this article, the following words shall have the following meanings:

(a)

Development means the act, process, or result of changing the use or physical character of a piece of land.

(b)

Frontage means lineal distance measured along an abutting public right-of-way that a site element faces.

(c)

Irrigation means the water supply system to support the landscaping which shall be an underground sprinkler system, or outlets for manual watering.

(d)

Landscaped setback means a minimum required landscaping space on a private property which is adjacent to a property line common to a street right-of-way or another property. Driveways and sidewalks to afford limited access may be allowed to interrupt this required space.

(e)

Landscaping means any combination of living plants, such as trees, shrubs, vines, ground covers, flowers, or grass; natural features such as water, rock, stone, bark chips or shavings; and structural features, including but not limited to, fountains, reflecting pools, outdoor art work, screen walls, fences, or benches.

(f)

Maintain/maintenance means the pruning, mowing, irrigation, trimming, topping, root pruning, removal, spraying, mulching, fertilizing, cultivating, supporting, treating for disease or injury, or any similar act which promotes the life, growth, health or beauty of landscaping.

(g)

New development means the construction of any improvement on real property requiring the issuance of building permit including but not limited to buildings, structures, streets, roadways, sidewalks, curbs and gutters but excluding construction consisting exclusively of fencing. New development shall also include the reconstruction of any of the above-described improvements where such reconstruction is necessitated by the destruction of more than 50 percent of the improvement by fire or other casualty.

(h)

Plant means a domestic form of vegetable life which is a tree, shrub, lawn, turf, sod, ground cover, or vine as defined in this section; a "tree" being a perennial woody plant having usually a self-supporting trunk with branches and foliage growing at some distance above the ground; a "shrub" being a perennial woody plant of low stature, characterized by persistent stems and branches springing from the base, including a bush; a "lawn" being a number of domestic grass plants closely sowed and kept closely mowed; "turf" being a mass of matted roof of grass; "sod" being a piece or section of grassy surface soil held together by the matted roots of grass; "ground cover" being low growing plants planted in such a manner as to form a continuous cover over the ground; and "vine" being any of a group of woody or herbaceous plants which may climb by means of twining, by means of aerial rootlets or by means of tendrils, or which may simply sprawl over the ground or other plants.

(i)

Planting area means any area designated for landscape planting having a minimum of ten square feet and at least one dimension of three feet on any; except whenever a tree shall be planted a minimum area of 25 square feet, with a radius of two and three-fourths feet around said tree shall be required.

(j)

Redevelopment or redeveloped portion means the demolition and replacement of any building or structure or an addition to an existing building or structure resulting in an increase of gross square footage of more than 25 percent. The redeveloped portion of an existing development shall be the portion of the existing development reasonably affected, in the opinion of the building official, by the redevelopment.

(k)

Vehicle use area means any paved ground surface area, excepting public rights-of-way, used by any type of vehicle whether moving or at rest for the purpose of, including but not limited to, driving, parking, loading, unloading, storage, or display, such as, but not limited to, new and used car lots, activities of a drive-in nature in connection with banks, restaurants, filling stations, groceries and dairy stores, and other open lot uses, except areas used for parking or other vehicular uses under, on, or within buildings.

(l)

Vision triangle means an area at the intersection of streets and/or drives in which no shrub, tree, flower, other plant, fence or structure may be more than 30 inches above the height of the street flowline within the vision triangle. No tree limb or branch may be less than eight feet above the height of the street flowline within the vision triangle.

(1)

Street corner. The street corner vision triangle is measured 25 feet along the flowline from the street corner for residential zones and 50 feet from the street corner for nonresidential zones.

(2)

Driveway. For single-family dwellings, the driveway vision triangle is measured eight feet along the edge of the driveway and along the edge of the street from the point where the edge of the driveway meets the edge of the street. For usesother than single-family dwellings, the driveway vision triangle will be determined through the site review process.

(m)

Visual screen means a barrier, at least 80 percent opaque, of living or nonliving landscape material put in place for the purpose of separating or obscuring from view those areas to be screened.

(Ord. No. 7-2009, § 2, 10-28-2009)

Variances from the strict application of this article may be granted by the planning commission in accordance with article III of this chapter.

(Ord. No. 7-2009, § 2, 10-28-2009; Ord. No. 3-2022, § 7, 5-23-2022)