(A)   Promote and protect the interest of the public's general welfare by requiring the planting and maintenance of trees, shrubs, and other plant materials within the city with property development.

   (B)   Require buffering between non-compatible land uses to protect, preserve, and enhance the character of the surrounding neighborhoods through promoting health and safety with the reduction in visual pollution and noise pollution.

   (C)   Require landscaping that is beneficial in attracting new residents, visitors, and businesses to the city, through the proper location and quantities of plants and other landscape elements.

(Ord. 4-2016, passed 3-2-16)

   This section shall apply to new property development and any collective expansion or modification of existing structures/parking areas, except for individual single household dwellings, two household dwellings and parking lots of five spaces or smaller. Substantial expansion or modification of a structure or parking area shall be defined based on the factors established below in Table 401-1: Landscaping Expansion Requirements.

 

 

(Ord. 4-2016, passed 3-2-16)

   (A)   No site or development plan required under this zoning code shall receive final approval unless a landscape plan has been submitted and approved.

   (B)   All landscape plans shall include a plant schedule that includes the common name, the scientific name, the height, size, or caliper, and the quantity of each proposed landscape material.

   (C)   No zoning permit or certificate of use and occupancy shall be issued unless such plan has been fully implemented on the site as described in the plant schedule.

   (D)   Landscape plans shall show sufficient detail including the proper planting of trees, shrubs, and groundcover as well as construction of any earth mounds proposed within the landscape and bufferyard areas.

   (E)   The plans shall indicate if irrigation shall be provided for the site.

(Ord. 4-2016, passed 3-2-16)

   (A)   New development shall provide landscaping and bufferyards as provided in § 153.404: Landscape Requirements.

   (B)   Existing vegetation shall be preserved in accordance with acceptable nursery industry procedures. Existing vegetation to remain shall be included and identified in the landscape plan and shall be fenced off and protected during site construction.

   (C)   Landscape designs shall include seasonal color and plant material variety. Seasonal colors shall be incorporated into the landscape requirements through the use of perennials, ornamental grasses, and shrubs.

   (D)   The following items are suitable for landscape and bufferyard use individually or in combination with each other provided they create an effective planting, subject to review and approval by the Planning Commission.

         a)   When walls or fences are used to fulfill screening requirements, they shall be detailed on the plan.

         b)   Walls and fences are to be of aesthetic, durable, weather-proof materials.

         c)   Concrete and masonry walls shall be clad in brick or other materials acceptable to the city.

         d)   Fencing constructed from wood includes the painting/staining of pressure treated lumber, if it is not redwood or cedar, and shall use aluminum, galvanized, or stainless steel hardware.

         e)   Chain link fences with or without wooden or synthetic slat material shall not be permitted when used to satisfy landscaping or bufferyard requirements.

         a)   All plants are to be living and part of the acceptable plant list found in § 153.407: Plant Lists or as identified as acceptable plant material with the applicable hardiness in the USDA Agricultural Zone for the city and as approved by the city.

         b)   Plant material used in conformance with the provision of this section shall conform to the standards of the American Association of Nurserymen and shall have passed any inspection required under state regulations.

         c)   Trees and shrubs shall be installed as balled and burlapped or in containers. Vines and ground covers can be planted as bare root or in containers.

         d)   Nursery stock identification tags shall not be removed from any planting prior to final inspection and approval by the city.

               A.   Group A trees referred to in Table 404-1: Landscape and Bufferyard Requirements shall be deciduous trees that must be a minimum caliper of at least two inches at the time of planting with a single central leader conforming to nursery industry standards. These include trees that have an average mature crown spread and height of greater than 25 feet and have trunks which can be maintained with over five feet of clear wood in areas which have visibility requirements, except at driveways and intersections where an eight foot clear wood height is required.

               B.   In the case of special conditions which would not allow sufficient room for the mature crown spread required (i.e., building wall adjoining a bufferyard, overhead utilities, etc.), an accepted cultivar of upright species may be substituted.

               C.   If Group A trees are required as part of the city's tree preservation ordinance, the minimum caliper for any tree shall be in accordance with such ordinance.

               D.   Section 153.407: Plant Lists identifies a sample of acceptable plant material species to be used. Other species may be used if identified as appropriate for this region by a licensed landscape architect or certified horticulturist and approved by the city.

               A.   Group B trees referred to in Table 404-1: Landscape and Bufferyard Requirements shall be deciduous trees that must be a minimum caliper of at least two inches at the time of planting with a single central leader conforming to nursery industry standards, unless identified as a multi-stem tree. Multi-stem trees shall have a minimum of three stems that are at least 1-1/2" caliper and a minimum height of eight feet. These include trees that have an average mature crown spread and height of less than 25 feet and have trunks which can be maintained with over five feet of clear wood in areas which have visibility requirements, except at driveways and intersections where such trees shall not be allowed.

               B.   If Group B trees are required as part of the city's tree preservation ordinance, the minimum caliper for any tree shall be in accordance with such ordinance.

               C.   Section 153.407: Plant Lists identifies a sample of acceptable plant material species to be used. Other species may be used if identified as appropriate for this region by a licensed landscape architect or certified horticulturist and approved by the city.

               A.   Group C trees referred to in Table 404-1: Landscape and Bufferyard Requirements shall be a minimum of six feet in height with a minimum spread of four feet at the time of planting and shall be unsheared, full, and branched to the ground. These include evergreen trees that have an average height of 20 feet or greater.

               B.   Evergreen plantings shall be designed to provide an effective, dense screen by planting evergreen trees at a maximum distance apart from each other equal to one-half the width of the proposed evergreen tree width.

               C.   If such evergreen trees are required as part of the tree replacement program of the city, the minimum height of said evergreen trees shall be ten feet at installation.

               D.   Section 153.407: Plant Lists identifies a sample of acceptable plant material species to be used. Other species may be used if identified as appropriate for this region by a licensed landscape architect or certified horticulturist and approved by the city.

               A.   Group D shrubs (deciduous and evergreen) installed for screening shall be a minimum 36 inches in height and 24 inches in spread at the time of planting and shall have a minimum height of six feet which is achieved within four years after the date of the final approval of each planting. They shall be installed no smaller than a three gallon container.

               B.   Ornamental grasses are also acceptable, however they shall be incorporated with deciduous and evergreen shrubs.

               C.   All shrubs designed as hedges for screening shall be designed to provide an effective, dense screen.

               D.   There shall be a balanced use of deciduous and evergreen shrubs, and a mix of cultivars.

               E.   Section 153.407: Plant Lists identifies a sample of acceptable plant material species to be used. Other species may be used if identified as appropriate for this region by a licensed landscape architect or certified horticulturist and approved by the city.

               A.   Group E shrubs (deciduous and evergreen) required to be installed for reasons other than a dense hedge for screening, such as interior landscape for vehicle use areas, shall be installed no smaller than a three-gallon container. There shall be a balanced use of deciduous and evergreen shrubs, and a mix of cultivars.

               B.   Ornamental grasses are also acceptable; however, they shall be incorporated with deciduous and evergreen shrubs.

               C.   Section 153.407: Plant Lists identifies a sample of acceptable plant material species to be used. Other species may be used if identified as appropriate for this region by a licensed landscape architect or certified horticulturist and approved by the city.

               A.   Turf grass of the Fescue (Gramineak), Bluegrass (Poaceae), or Ryegrass (Lolium) shall be planted in species normally grown as permanent lawns in Hamilton County.

               B.   In swales or other areas subject to erosion, solid sod, erosion reducing net, or suitable mulch and temporary seeding shall be used for immediate protection until complete coverage otherwise is achieved.

               C.   Turf grass shall be sown or placed in any area not landscaped or paved.

               D.   Ground cover plant materials are plants that are ground hugging plant material (i.e. English Ivy, Myrtle, etc.).

               E.   Ground cover plants shall be planted in such a manner as to provide 75 percent complete coverage after two growing seasons, but in no circumstance shall planting be more than 12 inches on center to create a finished appearance.

               F.   Plants that provide storm water filtration are allowable within detention facilities.

         a)   Earth mounds, constructed of earthen materials, may be used as physical barriers which block or screen a view in conjunction with plant material. A difference in elevation between areas requiring screening does not constitute an earth mound.

         b)   The maximum side slope shall be three horizontal feet to one vertical foot (3:1) and the design shall be reviewed by the Building Official to ensure that proper erosion prevention and control practices have been utilized.

         c)   Earth mounds shall be designed with physical variations in height and alignment throughout their length.

         d)   Landscape plant materials installed on earth mounds shall be arranged in an irregular pattern to accentuate the physical variations in height and alignment throughout the length of the mound.

         e)   Earth mounds shall be located and designed to minimize the disturbance of existing trees located on the site or adjacent thereto.

         f)   No part of any earth mound, which is elevated more than 30 inches above natural grade, shall be located within ten feet of any right-of-way.

         g)   Adequate trees, shrubs, grass, and/or ground cover shall be used and maintained to prevent erosion of the earth mound.

         h)   Topsoil shall be placed over all earth mounds at a depth of four inches to facilitate grass and/or ground cover growth on the mound.

         a)   Landscape bed areas shall not contain bare soil.

         b)   All landscape bed areas shall be covered with hardwood mulch, grass, ground cover, or plant material.

          c)   All plant materials will be mulched with shredded hardwood mulch (minimum 3 inch depth), or approved equal.

         d)   Decorative stone mulch may be approved as an accent mulch at no more than 10 percent of the landscape bed areas on the site.

         e)   Plant material massings will be incorporated into mulch beds and mulch beds shall be indicated on the landscape plan.

      (1)   When fewer than 20 trees are required on a site, at least two different species shall be utilized in roughly equal proportions.

      (2)   When 20 to 40 trees are required on a site, at least three different species shall be utilized in roughly equal proportions.

      (3)   When more than 40 trees are required on a site, at least four different species shall be utilized in roughly equal proportions.

      (4)   Required shrubs shall utilize the same diversity requirements as stated above.

      (5)   Large mass plantings of a single plant species will not be acceptable.

      (1)   All plant materials installed at a specified height shall be measured from the top of the root ball to the top of the mass of the plant (not the highest branch, limb, etc.).

      (2)   The required caliper measurement for a tree trunk shall be taken six inches above the ground up to and including four-inch caliper size. If the caliper at six inches above the ground exceeds four inches, the caliper should be measured at 12 inches above the ground.

      (1)   Required landscaping may be placed wholly or partially in utility or other easements providing all requirements can be fulfilled and approval is granted by the holder of the easements. Trees placed under overhead utility wires must be from Group B in § 153.407: Plant Lists.

      (2)   In no case, however, shall landscaping and bufferyards be established so as to block the sight distance at street or drive intersections subject to § 153.254(D): Sight Visibility Triangle. Ground cover and trees with at least eight feet of limbless trunk shall be permitted within the sight distance triangle.

         a)   Vehicular use areas containing six spaces or more shall provide for perimeter landscaping as indicated in Table 404-1: Landscape and Bufferyard Requirements.

         b)   Vehicular use areas containing more than 5,000 square feet of area or 20 or more vehicular parking spaces, whichever is less, shall provide interior landscaping with peninsular or island landscape areas of un-compacted, well-drained soil, as well as perimeter landscaping.

         c)   For each 100 square feet or fraction thereof of vehicular use area, at least five square feet of landscape area shall be provided. In cases where the number of parking spaces exceeds the maximum parking requirements specified in § 153.302(P): Schedule of Off-Street Parking Requirements, at least ten square feet of interior landscape area shall be provided for each 100 square feet or fraction thereof of vehicular use area.

         d)   The landscape plan shall identify the square footage of the vehicular use area, the square footage of required vehicular use area landscaping, and the square footage of proposed landscaping.

         a)   Interior landscaping shall be dispersed throughout the parking areas. Landscaping shall be situated such that large, unbroken areas of pavement are avoided. Plant materials, trees, and grass islands shall be utilized to visually divide large parking areas, and to demark main driving lanes and aisles.

         b)   The minimum landscape area permitted shall be 180 square feet, excluding curbs, with a minimum width of eight feet measured from back of curb to back of curb. There shall be a four-foot minimum dimension to all trees from edge of pavement where vehicles overhang.

         c)   In order to encourage a proper dispersion of landscape islands, no individual landscape area shall be larger than 350 square feet in size in vehicular use areas less than 30,000 square feet and no individual landscape area shall be larger than 700 square feet in vehicular use areas over 30,000 square feet.

         d)   To retain visibility, trees shall have a clear trunk of at least five feet above the ground of the landscape area. The remaining area shall be landscaped with shrubs and/or ground cover not to exceed three feet in height.

         e)   The following are the minimum plant material requirements. These are in addition to any other landscape requirements for the site required by the city:

      (1)   Service structures shall include, but are not limited to, loading docks, propane tanks, waste enclosures, electrical transformers, utility vaults which extend above the ground, ground mounted utility equipment, and electrical and other equipment or elements providing service to a building or a site. Structures may be grouped together; however, screening height shall be based upon the tallest of the structures.

         a)   A continuous planting of evergreens or a fence must enclose any service structure on all sides, unless such structure must be frequently moved or accessed, in which case screening material shall be on three sides.

         b)   Screening materials shall be one foot more than the height of the service structure, but shall not be required to exceed ten feet in height. Whenever a service structure is located next to a building wall, perimeter landscaping materials shall be of an average height sufficient to meet the height requirements set out in this section.

         c)   Whenever service structures are screened by plant material, such material may count towards the fulfillment of required interior or perimeter landscaping. No interior landscaping shall be required within an area screened for service structures.

      (1)   Landscaping required by § 153.404(C): Landscape Requirements for Vehicular Use Areas shall only be required for the parking spaces necessary to meet the minimum off-street parking standards of Table 302-2: Number of Off-Street Parking Space Requirements. Vehicular use area landscaping shall comply with the requirements of § 153.404(C): Landscape Requirements for Vehicular Use Areas, except the city may approve the placement of required vehicular use area landscaping and landscape islands in alternative locations on the site.

      (2)   Landscape areas representing a minimum of 5 percent of the outdoor sales or lease display areas shall be provided on the site to reduce impervious surface area and to decrease the appearance of a single expanse of pavement. Such landscape areas are not required to comply with the planting requirements of § 153.404(C): Landscape Requirements for Vehicular Use Areas, however are required to have a combination of shrubs and ground cover.

      (3)   No storage or display of vehicles shall be permitted in any required landscape area, unless approved by the city.

      (1)   Table 404-1: Landscape and Bufferyard Requirements defines the minimum buffer requirements between lots based on adjacent zoning districts and uses.

 

      (2)   An applicant may propose to group required landscaping in the bufferyard in order to create vision corridors for signage, building, or access visibility, or for other similar reasons. Grouping of landscaping does not allow for a reduction in the number of required plant materials, only an alteration to the lineal on center planting requirements. Grouping of landscaping is also not allowed when screening is required.

      (3)   Existing vegetation, fences, walls, or berms on a parcel may be counted toward the requirements for any required bufferyard provided that it meets the standards established in § 153.403: Landscape Materials and Standards.

   (A)   All landscaping materials shall be installed and maintained according to accepted nursery industry procedures.

   (B)   All bufferyards and landscape areas, once approved by the Planning Commission and established by the owner, may not be used, disturbed or altered for any purpose unless specifically approved by the city.

   (C)   The owner of the property shall be responsible for the continued property maintenance of all landscaping materials, and shall keep them in proper, neat, and orderly appearance, free from refuse and debris at all times.

   (D)   All unhealthy or dead plant material shall be replaced within six months, or by the next planting period, whichever comes first, by plant material similar in type to that which was removed.

   (E)   Violation of these installation and maintenance provisions shall be grounds for the Building Official to refuse a building occupancy permit, require replacement of the landscape materials, or institute legal proceedings to enforce the provisions of this section.

(Ord. 4-2016, passed 3-2-16)

   (A)   The Planning Commission may approve modifications to the landscaping and bufferyard requirements. The Commission shall base its decision on all of the following factors:

      (1)   The specific conditions which are unique to the applicant's land.

      (2)   The manner in which the strict application of the provisions of this section would deprive the applicant of a reasonable use of the land in a manner equivalent to the use permitted other landowners in the same zone.

      (3)   The unique conditions and circumstances are not the result of actions of the applicant subsequent to the adoption of this section.

      (4)   Reasons that the modification shall preserve, not harm, the public safety and welfare, and shall not alter the essential character of the neighborhood.

      (5)   A demonstration that the applicant has provided for a buffer that achieves the spirit of this section.

   (B)   The Planning Commission may also approve the use of existing trees within the proposed bufferyard area if the tree is not included on the plant lists in § 153.407: Plant Lists, if native and hardy to zones 5-6 of the United States Department of Agriculture Plant Hardiness Zone Map.

(Ord. 4-2016, passed 3-2-16)

   The list of plants in Table 407-1: Plant List shall be used for Table 404-1: Landscape and Bufferyard Requirements.

 

 

 

 

(Ord. 4-2016, passed 3-2-16)