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Summerset City Zoning Code

LANDSCAPING AND

BUFFERING REQUIREMENTS

§ 155.295 PURPOSE.

   (A)   The purpose of these regulations is to provide for the orderly, safe, healthful, and aesthetic development of the city and to promote the health, safety, and general welfare of the community.
   (B)   The objectives of these regulations are as follows:
      (1)   To aid in regulating and controlling vehicular and pedestrian circulation in parking areas;
      (2)   To enhance the environmental and aesthetic conditions of the community;
      (3)   To protect and enhance the value of property and to provide wildlife habitat; and
      (4)   To reduce heat and noise, wind and air turbulence, and the glare of sunlight and vehicle lights, erosion, and air pollution.
(Ord. passed 2-3-2011, § 2.32.010)

§ 155.296 LANDSCAPING REQUIRED.

   Landscaping conforming to the standards set forth in this section shall be required in the following districts:
   (A)   All residential districts;
   (B)   All commercial districts;
   (C)   All industrial districts; and
   (D)   All planned developments.
(Ord. passed 2-3-2011, § 2.32.020)

§ 155.297 DEFINITIONS.

   For the purpose of this subchapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
   BERM. An earthen mound designed to provide visual interest, screen undesirable views, and /or decrease noise.
   CALIPER. Diameter of a tree trunk. The term CALIPER is used for trees less than 12 inches in diameter. For trees less than four inches in diameter, it is measured six inches from the ground. For trees between four inches and 12 inches in diameter, it is measured 12 inches from the ground.
   CITY DEPARTMENT. Any and all departments of the city.
   DBH (DIAMETER AT BREAST HEIGHT). The term DBH is used for trees with a diameter greater than 12 inches and is measured four and one-half feet above the ground.
   DECIDUOUS. A plant with foliage that is shed annually.
   DEVELOPED AREA.
      (1)   The area of a lot that is disturbed for the purpose of developing structures, parking facilities, loading or storage areas, paved access to off-street parking or loading areas or other areas paved with an all-weather material, or landscaped areas.
      (2)   For the purpose of calculating landscape points, it may be submitted in the form of the legal description of the property, or a scaled, dimensioned, and well defined area of development that is referenced on the site plan.
   DEVELOPER. The legal or beneficial owner of a lot or parcel or any land proposed for development and/or inclusion in a development, including the owner of an option, contract to purchase or lease.
   EVERGREEN. A plant with foliage that persists and remains green year-round.
   GROUNDCOVER. An evergreen or deciduous planting less than 24 inches in height. Turf grass is excluded.
   IRRIGATION SYSTEM. A permanent underground piping and sprinkler head system designed using industry standard methods to provide uniform irrigation coverage over a landscaped area.
   LANDSCAPE ARCHITECT.
      (1)   A person registered to practice landscape architecture as provided by the State Board of Technical Professions.
      (2)   LANDSCAPE ARCHITECTURE means the performance of professional services such as planning, design, preparation of construction drawings and specifications, including the design and layout of roadways, service areas, parking areas, walkways, steps, ramps, pools, the location of buildings and other structures, and the grading of land, surface, and subsoil drainage, erosion control, planting reforestation, and the preservation of the natural landscape, in accordance with accepted professional standards.
   LANDSCAPE BUFFER. A combination of living vegetation, such as trees, shrubs, grasses, or ground cover material planted or transplanted and maintained.
   LANDSCAPE DESIGNER. Any person submitting a landscape plan who is not a licensed landscape architect, architect, or engineer, shall be “limited to consultation and preparation of plans and specification with respect to choosing types of plants and planning the location thereof.”
   LANDSCAPE PLAN. The preparation of graphic and written criteria, specifications, and detailed plans to arrange and modify the effects of natural and human-made features such as plantings, ground and water forms, circulation, walks, structures, and other features to comply with the provisions of this chapter.
   LANDSCAPED AREA. Any area that contains trees, shrubs, and/or groundcover that have been claimed for point credits.
   MULCH. An organic material such as seed hulls, pine needles, or tree bark used to control weed growth, reduce soil erosion, and reduce water loss.
   PARKING LOT. Any off-street, unenclosed ground level facility used for the purpose of temporary storage of motor vehicles. Enclosed parking facilities, such as single or multi-story garages or parking facilities constructed within the confines of a larger building or structure, or parking facilities associated with single-family and duplex residential development are not included within this definition.
   PARKING LOT PLANTING. Plantings of hardy trees, shrubs, and/or ground cover required due to the construction of impervious surface parking to be planted within and/or around the perimeter of the parking lot area, excluding parking garages, decks, and covered parking.
   PARKING LOT ISLAND. A planting island contained completely within the confines of a parking lot.
   PARKING PENINSULA. A planting island that extends out into the parking area and is bounded on at least one side by the outer edge of the paving or a building.
   PLANTING PLAN. The preparation of graphic and written criteria of plant placement, plant specification of type, size, and spacing, and other features to comply with the provisions of this chapter.
   PLANTING SEASON. The most favorable time to plant trees in the city.
   RIGHT-OF-WAY. A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, or for another special use. The usage of the term RIGHT-OF-WAY for platting purposes shall mean that every RIGHT-OF-WAY hereafter established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining such RIGHT-OF-WAY and not included within the dimensions or areas of such lots or parcels.
   SIGHT-PROOF FENCE. A solid opaque fence or wall that is a minimum of six feet in height and is made of wood, masonry, decorative metal, or other suitable material in compliance with the Building Code.
   SIGNIFICANT TREE. Any existing tree with a caliper of six inches or greater that is determined to be in good health by a qualified professional (i.e., Urban Forester, Certified Arborist) following guidelines established by the International Society of Arboriculture.
   SHRUB. A living self-supporting woody deciduous or evergreen species no less than eight inches in height, and no greater than 15 feet in height, which will remain full and attractive throughout the year.
   SPECIMEN TREE. A particularly special example of a species because of its size, age, habit, or any trait that either epitomizes the character of species or makes the tree an unusual example of its species.
   TREE. A living self-supporting woody or evergreen plant that normally grows to a minimum height of 15 feet, and which has one or several self-supporting stems or trunks and numerous branches.
   TREE CLASSIFICATION TERMS. The terms “small tree,” “medium tree,” and “large tree,” which refer to the size of a tree at the time it is installed or retained (as outlined in § 155.300(A)(3)), regardless of its species.
   TURF GRASS. Existing or installed grass that has been sodded, seeded, or hydro-mulched. TURF GRASS eligible for point credits must be located within the property lines of a development. The maximum credit for turf is 25% of the total landscape points required for any site. All TURF credited for points shall completely cover all exposed areas of soil after one full growing season.
   XERISCAPE. A method of landscaping that emphasizes water conservation, accomplished by following sound horticultural and landscaping practices, such as planning and design, soil improvement, limited turf areas, use of mulches, use of low-water demand plants, efficient irrigation practices, and appropriate maintenance.
(Ord. passed 2-3-2011, § 2.32.030)

§ 155.298 GENERAL REGULATIONS.

   All rules, regulations, conditions, and requirements set forth in this section are applicable as follows:
   (A)   Any development or construction with required yards in all zoning are subject to these regulations;
   (B)   A final landscape plan shall not be required for single-family or duplex development;
   (C)   Any alteration to existing building(s), development(s), or construction that alters the amount of gross floor area of the structure or building shall be required to come into compliance with landscaping requirements as follows:
      (1)   Any alteration to existing building(s), development(s), or construction that alters the amount of gross floor area of the structure or building shall require a minimum of ten points of landscaping be installed, plus two points of landscaping for every additional parking space provided for the building addition;
      (2)   The entire property shall come into compliance with the landscape code when the size of the building addition exceeds 100% of the size of the existing structure or building;
      (3)   If the site (including proposed building addition and parking areas) meets or exceeds current landscape standards, additional landscaping shall not be required; and
      (4)   If the site has insufficient green space to provide required landscaping, up to 10% of the number of parking spaces required for a building addition may be used for landscaping, however point values increase from two to ten points for each substituted parking space.
   (D)   The property owner, manager, or property owners’ association is responsible, in perpetuity, for maintaining all landscaping by keeping lawns mowed, all plants properly groomed and maintained as disease-free, and planting beds groomed, except in naturally occurring dense growths of underbrush or shrubs;
   (E)   An inspection of all plantings to ensure compliance with the submitted landscape plan is required prior to the issuance of a certificate of occupancy;
   (F)   (1)   Nothing herein shall affect in any way the rights of, or exercise by, any public utility or city department of its present and future acquired rights to clear trees and other growth from lands used by the public utility or city department.
      (2)   The utility or city department shall cooperate and coordinate with the city when clearing or pruning in the rights-of-way.
   (G)   Landscaping within rights-of-way;
      (1)   Up to 25% of the required landscaping may be placed in the street right-of-way. The type and location of vegetation shall not interfere with utilities and the safe and efficient flow of street traffic. Approval by the appropriate city departments responsible for street and utilities shall be required; and
      (2)   No trees or shrubs shall be placed in the sight triangle for street intersection or street and driveway intersections as required in the § 155.182.
   (H)   Nothing herein shall reduce the lines of sight and traffic visibility standards adopted in this chapter. Plantings within 25 feet of an intersection shall not exceed a height of 18 inches;
   (I)   All pervious surface areas of public and private parks, playgrounds, playing fields, and other outdoor recreation facilities shall be excluded from the calculation of site points as required by these regulations;
   (J)   Property owners in all zoning districts shall be responsible for landscaping the area between the street rights-of-way line and the curb-line. In addition, this area shall not be hard-surfaced, other than a permitted driveway or sidewalk, and it shall not be used for parking;
   (K)   Any plant material shall meet the size requirements in § 155.300(A)(3);
   (L)   Turf grass shall be planted in such a manner as to completely cover all exposed areas of soil after one full growing season;
   (M)   No disturbed ground shall be left exposed. Grass and other approved and appropriate ground covers or mulch shall cover all non-paved and non-built developed area; and
   (N)   The homeowner, property owner, manager, property owners’ association, or homeowners’ association shall:
      (1)   Maintain the landscaping by keeping lawns mowed, all plants properly groomed and maintained as disease-free, and planting beds groomed, except in naturally occurring dense growths of shrubs or undergrowth; and
      (2)   Replace any required planting(s), which have been removed, are diseased, or no longer living within one year or the first planting season, whichever occurs first, except those in naturally occurring dense growths of shrubs or undergrowth.
(Ord. passed 2-3-2011, § 2.32.040; Ord. passed 2-16-2017)

§ 155.299 LANDSCAPE PLAN APPROVAL STEPS.

 
STEP 1
Calculate Points. Determine the number of Site Points required for development, based on the size of the Developed Area, and the number of Parking Lot Points based on the number of parking spaces.
STEP 2
Determine Plant Requirements. Determine the quantity, type, and size of plant materials needed to meet point requirements.
STEP 3
Determine Additional Requirements. Determine whether Residential, Subdivision or other buffers apply to the development.
STEP 4
Develop a landscape plan. Develop a landscape or planting plan with plantings that meet point requirements, including any applicable buffer(s).
 
(Ord. passed 2-3-2011, § 2.32.050)

§ 155.300 LANDSCAPE REQUIREMENTS.

   (A)   Planting requirements/point system.
      (1)   The developer may use any combination of plantings to obtain the necessary number of points required for the development. Different lots and landscapes will lend themselves to different types of plantings. These regulations attempt to encourage creativity and diversity in landscaping.
      (2)   Landscaping within any developed area must equal or exceed a minimum number of points in order to obtain approval. Site points are determined by the size of the developed area, and parking lot points are determined by the number of parking spaces.
         (a)   Number of points required for the developed area are as follows.
 
Size of Developed Area
Number of Points Required
1 to 5,000 square feet
Site Points = 25
Parking Lot Points = Two points per required parking space and one point for each proposed additional parking space
More than 5,000 square feet
Site Points = 25, plus one point for each additional 200 square feet of developed area
Parking Lot Points = Two points per required parking space and one point for each proposed additional parking space
 
         (b)   Exemptions from site points for the developed area include:
            1.   Industrial use units, and transportation facilities: the number of required points shall be derived from the parking space calculation only (three points per each required parking space).;
            2.   Single-Family and Duplex Residential; and
            3.   Developments within C-1.
         (c)   When only a portion of a large tract is developed (e.g., one acre of a ten-acre tract), only the developed area shall be considered when determining the number of points required.
         (d)   Examples of retail development are as follows.
Description of Property
Developed Area = 20,000 square feet
Required Parking Spaces = 20
Proposed Parking Spaces = 30
Requirements
Site Points for sites over 5,000 square feet require 25 points plus one point for each additional 200 square feet.
Parking Lot Plantings require two points for each required parking space and one point for each additional parking space.
Calculation of Points
Site Points for 5,000 square feet
25
Additional 15,000 square feet (÷ by 200)
+ 75
Site Points
= 100
Two points x 20 required parking spaces
40
One point x 10 additional parking spaces
+ 10
Parking Lot Points
= 50
Total Points Required (100 Site Points + 50 Parking Lot Points)
150
 
      (3)   Landscaping point values are as follows.
Type of Plant Material
Minimum Size (at time of planting)
Point Value
Type of Plant Material
Minimum Size (at time of planting)
Point Value
Large Tree
8-inch or greater caliper
26
7-inch caliper
24
6-inch caliper
22
5-inch caliper
20
4-inch caliper
11-12 feet height
18
3-inch caliper
9-10 feet height
15
Medium Tree
2-inch caliper
7-8 feet height
12
Small Tree or Ornamental Tree
Single trunk: 1-inch caliper
5-6 feet height
9
Multiple Trunk (minimum 3 trunks): 6-foot height, and the smallest trunk 1-inch caliper minimum
9
Large Shrub
5 gallon, 24-inch height at planting
3
Medium Shrub
3 gallon, 12-inch height at planting
2
Small Shrub
2 gallon, 8-inch height at planting
1
Ornamental Grasses
1 gallon
1/2
Groundcover
1 gallon
1/4
4-inch pots
1/2
Existing Significant Tree
6-inch caliper (see 7-42)
22 to 50
Landscaped Berm
30-inch height; 10-foot length, 3:1 slope
1 per 5 linear foot
Turf Grass
N/A
1/4 per square yard
 
      (4)   A minimum of 60% of required points shall be used for landscaping in the front and side yards;
      (5)   A minimum of 25% of required points shall be used for evergreen plantings; and
      (6)   A maximum of 25% of required points may be used for turf grass.
   (B)   Landscaping requirements for single-family residential and manufactured home residential use units in the following districts: R-1, R-2, R-3.
      (1)   All required perimeter yards shall be landscaped. The landscaping of these yards shall, at a minimum, consist of a combination of living vegetation, such as trees, shrubs, grasses or ground cover materials, planted or transplanted and maintained, or preserved as existing natural vegetation areas (e.g., woods or thickets).
      (2)   Within the perimeter yards, there shall be at least one medium tree planted and/or maintained for every 75 feet, or fraction thereof, of frontage with a minimum of one tree per lot.
   (C)   All non-residential and commercial use units in the following districts: R-1, R-2, R-3, C-1, GI, and PD.
      (1)   All required front, side, and rear yards shall be landscaped, except walkways, parking, pertinent equipment, drainage utilities, and other accessory structures permitted by this subchapter. The landscaping of these yards shall consist of a combination of living vegetation, such as trees, shrubs, grasses, or ground cover materials, planted or transplanted and maintained, or preserved as existing natural vegetation areas (e.g., woods or thickets).
      (2)   All trees and shrubs shall be planted, maintained, or transplanted in accordance with the standards of the American Standard for Nursery Stock (a copy of which is on file in the city office). All newly planted trees and shrubs shall be mulched and maintained to give a clean and weed-free appearance.
   (D)   Required landscaping for industrial use units, and transportation facilities in the following districts: C-1, GI, and PD.
      (1)   (a)   For each required parking space, three points shall be used to plant parking lot plantings.
         (b)   If the parking lot is located in the rear of the building, up to 50% of the parking lot points may be used along public frontage or around the building.
      (2)   For industrial development abutting a street designated as a freeway or expressway by the street plan, landscaping shall be provided according to the following:
         (a)   For each 20 linear feet, or fraction thereof, of that portion of the developed area abutting a freeway/expressway right-of-way, at least one medium tree shall be planted on the developed area. The tree shall be planted within 20 feet of the right-of-way.
         (b)   A vegetative buffer consisting of trees, shrubs, and/or berms shall be provided around all parking lots and outside storage areas not screened by buildings from the freeway/expressway. The vegetative buffer shall be at least three feet in height and shall be placed along the freeway/expressway frontage of the parking lots and outside storage areas.
      (3)   (a)   For industrial development abutting a street other than a freeway or expressway, landscaping shall be provided according to the following:
         (b)   For each 40 linear feet or fraction thereof, of that portion of the developed area abutting a street right-of-way, at least one medium tree shall be planted on the developed area. The tree shall be planted within 20 feet of the right-of-way.
      (4)   Uses within the ILR or IH District, when located across any street from any use other than industrial, shall provide a continuous five-foot minimum landscape buffer on the outside of any required fence.
   (E)   Automotive parking lot landscape requirements for the following districts: R-1, R-2, R-3, C-1, GI, and PD.
      (1)   The purpose of parking lot islands and/or parking lot peninsulas is to help reduce glare and heat buildup; to promote interior islands for pedestrian safety and traffic separation; to visually break up large expanses of pavement; and to reduce surface runoff.
      (2)   All non-covered, street-level parking facilities established and governed by this subchapter shall be landscaped in accordance with the following requirements.
         (a)   In addition to the number of site points required, two additional points are added to the site for each required parking space. Any proposed parking space in excess of the number of required spaces shall require one point of landscaping. These points must be used to plant parking lot plantings. The plantings may be located:
            1.   Around the perimeter of the lot to provide a uniform and attractive design; and/or
            2.   Within parking lot islands, peninsulas, and/or landscaped areas within the developed parking lot.
         (b)   Each parking lot island and/or peninsula shall be a minimum of 171 square feet (the minimum area of a single parking space) with a minimum average width of five feet.
         (c)   Each parking lot island and/or peninsula shall contain a minimum of one tree.
         (d)   The distance between any parking space and a landscaped area shall be no more than 75 feet.
         (e)   Required parking lot plantings shall be in-ground and not placed upon a paved surface.
         (f)   All parking lot planting areas shall be protected with concrete curbs, or equivalent barriers. Bumper blocks shall not be used for boundaries around the landscaped area.
         (g)   Each tree shall be planted a minimum of two feet away from the outside of any permanent barrier of a landscaped area or edge of the parking area.
         (h)   Ground cover or grasses shall be planted to cover each parking lot planting area within three years from the date of issuance of the certificate of occupancy. All ground cover shall have a mature height of not more than 24 inches. Loose rock, gravel, decorative rock or stone, or mulch shall not exceed 20% of the parking lot planting area.
         (i)   Space devoted to required parking lot planting areas shall be in addition to any required front, side, and rear yard buffer requirements.
         (j)   Stand-alone parking lots shall require two points of landscaping for each parking space.
   (F)   Exceptions to automotive parking lot landscaping requirements. The requirements of this section shall not apply to:
      (1)   Parking garages or parking decks;
      (2)   Display areas for uses in the following use units:
         (a)   Automotive sales and rentals;
         (b)   Automotive and equipment: sales and rentals, light equipment; and
         (c)   Automotive and equipment: sales and rentals, farm and heavy equipment.
      (3)   Parking lots of existing developments, legally established prior to the adoption of these regulations, unless there is additional square footage added to the parking area, in which case, one point worth of landscaping shall be added for each additional proposed parking space.
   (G)   Sight-proof screening and security fences.
      (1)   For properties located in multi-family, office, or commercial or industrial districts, a sight-proof fence on the front property line and/or side property line(s) abutting a street may be erected, provided a five-foot wide landscape buffer shall be required on the outside of the fence.
      (2)   A security fence in the front yard, not to exceed a height of eight feet, may be erected when permitted in industrial zoned districts and neighborhood and public utility facilities. Such security fences may be topped with strands of barbed wire when the height of the barbed wire is over six feet from grade. When located on a property across any street from residential, office, and commercial zoned districts, a five-foot wide landscape buffer located on the outside of the fence shall be required.
      (3)   When property within an industrial zoned district, or neighborhood and public utility facilities is separated by a local residential, collector, or arterial street from a residential district or use, no industrial use shall be made of the property until the owner/developer has erected sight-proof fence along a side or rear property line or along the front building or property line. In such cases, a five-foot wide landscape buffer, located on the outside of the fence shall be required on the front and side property lines. If there is any outdoor work, sales, display, and/or storage areas in the required front yard, a sight-proof fence and a five-foot wide landscape buffer, located on the outside of the fence, shall be required along the front property line.
      (4)   Sight-proof screening or fencing required for any landscape buffer may be credited with two landscape points per every 20 linear feet if constructed of upgraded building materials, such as masonry (limited to brick, split-face concrete block, stone, or cultured stone), decorative pre-cast concrete fence systems, or decorative iron.
   (H)   Residential buffers.
      (1)   On any office, commercial, industrial, planned development, or multi-family development (three or more units) adjacent to a single-family or duplex residential district or use, a landscaped buffer along the property line(s) of the developing property is required. The buffer shall run the entire length of the abutting lot line(s).
      (2)   The type of buffer may consist of any or all of the following:
         (a)   A solid fence not less than six feet in height, with either:
            1.   A landscape buffer, minimum five feet in width, located on the inside of the fence; or
            2.   Trees spaced 25 feet on center.
         (b)   A landscaped buffer no less than six feet in width, planted with a series of evergreen plantings at least six feet in height and spaced in a manner to provide an impervious visual barrier; or
         (c)   A natural, undisturbed wooded area at least 20 feet in width.
   (I)   Subdivision buffers. All residential developments adjacent to arterial streets shall provide a landscaped buffer, located on the outside of any subdivision fence, consisting of any combination of trees, shrubs, groundcovers, earthen berms, and/or rock or stone accents, arranged in a manner to achieve visual continuity.
      (1)   The buffer shall contain a minimum of four points for every 20 feet of frontage.
      (2)   If the buffer is provided within the right-of-way, it shall be located within ten feet of the property line along the entire adjacent public street frontage, exclusive of driveways and accessways at points of ingress and egress.
      (3)   No trees, shrubs, fences, berms, or other landscape improvements that would impede visibility shall be located in sight triangles.
      (4)   The type and location of plantings within the public rights-of-way shall not interfere with utilities. Plantings whose mature height exceeds 15 feet shall not be planted beneath overhead utility lines. Approval by the appropriate city departments responsible for street and utilities shall be required.
(Ord. passed 2-3-2011, § 2.32.060)

§ 155.301 LANDSCAPE PLANS.

   At the time of submission for a building permit, and also at the time of application for all planned developments and conditional use permits, a landscape plan, separate and apart from other required plans, shall be submitted and made a part of the file. No landscape plans are required for single-family or two-family residential developments.
   (A)   Landscape plans may be prepared by any of the following:
      (1)   A planting plan may be submitted by any person, provided the plan is limited to plant specification and placement only;
      (2)   A landscape architect registered in the state; and
      (3)   A licensed architect or professional engineer licensed in the state, provided the services are incidental to the performance of his or her normal practice as an architect or engineer.
   (B)   All landscape plans shall include the following information:
      (1)   North arrow and scale;
      (2)   The location of existing property lines and dimensions of the tract, accurately drawn to scale;
      (3)   Exact locations and outline of all rights-of-way (both existing and proposed by the street plan of streets);
      (4)   The location of all existing and proposed buildings and parking areas, including the exact number of parking spaces provided;
      (5)   The location and size of any permanent fixture or structure, including but not limited to sidewalks, walls, fences, trash enclosures, project storage, lighting fixtures, signs, and benches which are relevant to the landscape plan;
      (6)   (a)   The location, size, and type of all above-ground and underground public utilities with notation, where appropriate, as to any safety hazards to avoid during installation of landscaping; and
         (b)   Alternatively, a letter of no objection provided by the utility company may be provided.
      (7)   The location, size, type, spacing (on center), and quantity of all proposed plant materials and existing plant materials credited for points shall be graphically represented and referenced on the plan by a common name and an appropriate key of all plant species;
      (8)   Detailed sprinkler diagram or irrigation plan showing coverage. If an automatic irrigation system is not proposed, the location of all required hose connections and other watering sources shall be noted;
      (9)   All screening required by these regulations; and
      (10)   A table listing the square footage of the developed area, number of proposed parking spaces, and all plant materials by common name, size, type, quantity, and point value and totals.
   (C)   Consideration should be given to the location of trees so that when they reach mature height, they do not interfere with utility wires. In addition, as required in other sections of this code, property owners shall keep vegetation trimmed so that it does not obstruct the free, convenient, and safe travel over and along streets and sidewalks.
   (D)   A certificate of occupancy, for any use, shall not be issued until the required landscaping has been installed in accordance with the landscape plan, and it shall be illegal for any person, firm, or corporation to occupy or operate a business in any new structure or building addition for which landscaping, as shown by the plans, is not provided; except that, if a structure and all site improvements are complete except for the required landscaping, and it is not the planting season (May through September), temporary occupancy may be permitted for a period of six months, or until the next planting season, whichever comes first. If the required landscaping has not been completed by the required time, the property owner shall be in violation of this chapter and subject to the penalties set forth herein.
(Ord. passed 2-3-2011, § 2.32.070) Penalty, see § 155.999

§ 155.302 LANDSCAPE IRRIGATION REQUIREMENTS.

   (A)   The property owner shall be responsible for the irrigation of all required landscape areas and plant materials, with exception of natural areas and xeriscape plantings, utilizing one or a combination of the following methods:
      (1)   An automatic or manual underground irrigation system (conventional spray, bubbler, and the like), equipped with a rain and freeze sensors;
      (2)   An automatic water-saving irrigation system (drip, porous pipe, leaky pipes, and the like) equipped with a rain and freeze sensors; and
      (3)   A hose attachment within 100 feet of all required landscape areas and plant materials.
   (B)   The irrigation method used shall be in place and operational at the time of the landscape inspection for certificate of occupancy; and shall be maintained and kept operational at all times to provide for efficient water distribution.
   (C)   Landscape areas utilizing xeriscape plants and installation techniques may use a temporary and above-ground system and shall be required to provide irrigation for the first three years only.
   (D)   Landscape plans shall indicate, by a detail, a drawing or, by specification in a note on the site plan, the type and location of irrigation that will be used. Plans should be specific enough to show that adequate irrigation would be provided to all required landscape areas and plant materials.
   (E)   No irrigation shall be required for undisturbed natural areas or undisturbed existing trees.
(Ord. passed 2-3-2011, § 2.32.080)

§ 155.303 EXISTING TREE CREDIT.

   In order to encourage the preservation of the city’s older trees, credits toward required points may be given in the event existing trees are preserved.
   (A)   Landscape points shall be applied for each existing significant tree of the following sizes.
Size of Existing Significant Tree
Landscape Points Applied
Size of Existing Significant Tree
Landscape Points Applied
6-inch caliper
22
7-inch caliper
24
8-inch to 10-inch caliper
26
10.1-inch caliper to 15-inch DBH
30
15.1-inch to 20-inch DBH
35
20.1-inch to 25-inch DBH
40
Over 25-inch DBH
50
 
   (B)   Trees for which an owner/developer wishes to receive credit must be in the developed area; however, no more than 25% of the total points may be located within the public rights-of-way.
   (C)   Any significant tree claimed for points that dies during construction, or as a result of construction, shall be replaced with a tree (or trees) to equal or exceed the point of value of the lost tree.
(Ord. passed 2-3-2011, § 2.32.090)

§ 155.304 HEALTH, SAFETY, AND AESTHETIC BARRIERS.

   (A)   (1)   Whenever property in one zoning category abuts property of a more restrictive zoning category and the property in the less restrictive category is being developed, the Zoning Administrator may require, as a condition of the building permit, such barriers be constructed by the developer as are deemed necessary and appropriate for the protection of the more restrictive area.
      (2)   The zoning from most restrictive to least restrictive is as follows: AG, R-1, R-2, R-3, C-1, and GI and in any planned development with similar uses. Such devices may include fences, hedges, traffic controls and patterns, or any other device reasonably necessary to attain the goals sought.
      (3)   For purposes of this section, PROPERTY OF ONE ZONING CATEGORY shall be deemed to abut another zoning category whenever two properties directly abut.
   (B)   The division (A) above shall not apply to of an R-2 property abutting an R-1 district.
   (C)   In commercial and industrial districts, outside storage of goods or materials shall be prohibited in any area on the street frontage of a building.
(Ord. passed 2-3-2011, § 2.32.100)