These landscaping regulations provide standards and criteria for new landscaping which are intended to promote the value of property, enhance the welfare, and improve the physical appearance of the city. The standards contained in this section are deemed to be minimum standards and shall apply to all new construction occurring within zoning districts R-1L, R-1, R-1S, R-2, R-3, R-4, CB, C-1, C-2, I-1, and I-2.

(Ord. No. 242-2001, § 26, 2-19-2001; Ord. No. 711-2020-10, § 16, 10-12-2020)

(a)

No permits shall be issued for building, paving, grading or construction until a landscape plan is submitted and approved by the city. In the event that the proposed development requires an approved subdivision plat, site plan, or master development plan, no such final approval shall be granted unless a landscape plan is submitted and approved.

(b)

Prior to the issuance of a certificate of occupancy of any building or structure, all screening and landscaping shall be in place in accordance with the landscape plan required in section 34-143.

(1)

In any case in which a certificate of occupancy is sought at a season of the year in which the city determines that it would be impractical to plant trees, shrubs or grass, or to lay turf, a certificate of occupancy may be issued notwithstanding the fact that the landscaping required by the landscape plan has not been completed, provided the applicant posts a letter of credit or deposits cash in an escrow account in the amount of the estimated cost of such landscaping.

(2)

Such letter of credit or escrow deposit shall be conditioned upon the installation of all landscaping required by the landscaping plan within six months of the date of the application and shall give the city the right to draw upon the letter of credit or escrow deposit to complete the said landscaping if the applicant fails to do so.

(Ord. No. 242-2001, § 26(A), 2-19-2001)

(a)

Prior to the issuance of a building, paving, grading, or construction permit for any use other than single-family dwellings, a landscape plan shall be submitted to the city. The city shall review such plans and shall approve same if the plans are in accordance with the criteria of these regulations. If the plans are not in accord, they shall be disapproved and shall be accompanied by a written statement setting forth the changes necessary for compliance.

(b)

Landscaping plans shall be prepared by a landscape architect, landscape contractor or landscape designer knowledgeable in plants, materials and landscape design. Landscape plans shall contain the following information:

(1)

Minimum scale of one inch equals 50 feet;

(2)

Location of all trees to be preserved;

(3)

Location of all plants and landscaping material to be used, including plants, paving, benches, screens, fountains, statues, or other landscape features;

(4)

Species of all plant material to be used;

(5)

Size of all plant material to be used;

(6)

Spacing of plant material where appropriate;

(7)

Layout and description of irrigation, sprinkler or water systems, including placement of water sources;

(8)

Description of maintenance provisions for the landscape plan;

(9)

Persons responsible for the preparation of the landscape plan.

(Ord. No. 242-2001, § 26(B), 2-19-2001)

(a)

Landscaping percentage for street yard area. The street yard area is the area between the building front line and the front of the property (right-of-way) line. For all parcels with less than 250 feet of frontage adjacent to a dedicated public right-of-way, at least ten percent of the street yard shall be permanent landscape area. For all parcels having 250 feet or more of frontage, at least 15 percent of the street yard shall be permanent landscape area. The required landscaping shall consist of a mixture of plant materials consisting of grass and/or ground covers, plants, shrubbery and trees of a variety of sizes as approved on the landscape plan. The street yard shall be defined as the area between the building front and the front property line.

(b)

Landscaping adjacent to public rights-of-way. A minimum ten-foot landscape buffer (interior parkway) adjacent to the public right-of-way of any public thoroughfare is required. Corner lots fronting on two thoroughfares shall be required to observe the ten-foot buffer on both frontages. All other street frontages shall observe a minimum five-foot landscape buffer. Developers shall be required to plant one large tree per 40 linear feet or portion thereof of street frontage. Trees may be grouped or clustered to facilitate site design. The landscaped portion of interior parkways may be included in the required street yard area percentage. The interior parkway is defined as that area on private property between the street right-of-way line and the curb of the parking area or building area.

(c)

Landscaping within off-street parking areas. Landscape areas within off-street parking areas should generally be at least one parking space in size, with no landscape area less than 50 square feet in area. Landscape areas shall be no less than five feet wide and shall equal a total of at least 16 square feet per parking space. There shall be a landscaped area with at least one tree within 60 feet of every parking space. There shall be a minimum of one tree planted in the parking area for every ten parking spaces within parking lots with more than 20 spaces. Within parking lots, landscape areas should be located to define parking areas and assist in clarifying appropriate circulation patterns. A landscape island shall be located at the terminus of all parking rows, and should contain at least one tree. All landscape areas shall be protected by a monolithic curb or wheel stops and remain free of trash, litter, and car bumper overhangs.

(d)

Screening of parking areas adjacent to a public right-of-way. At least 75 percent of the frontage of parking areas adjacent to a public right-of-way within the street yard shall be screened from public streets with evergreen shrubs attaining a minimum height of three feet or a low masonry wall or earthen berm of equal height. Use of a wall or earthen berm for parking lot screening should be accompanied with landscape planting in the form of low shrubs and ground cover to soften the appearance of the wall or earthen berm.

(e)

Percentage of overstory trees. A minimum of 50 percent of the total trees required for the property shall be overstory trees as specified on the approved plant list. Accent trees shall be used under existing or proposed overhead utility lines.

(f)

[Driveways.] Necessary driveways from the public right-of-way shall be permitted through all required landscaping in accordance with city regulations.

(g)

Residential buffer yards. For any development in R-3, R-4, C-1, C-2, I-1, I-2 and H-I zoning districts which abut districts zoned residential or mobile home there shall be a minimum 20-foot-wide green belt of live plant material of the evergreen variety, planted on six-foot centers, for the entire distance along which the development abuts the residential or mobile home districts. Where a fire lane is required, the green belt may be reduced to ten feet.

(h)

Multifamily buffer yards. For any development in C-1, C-2, I-1, I-2 zoning districts which abuts a district zoned multifamily there shall be a minimum 20-foot-wide green belt of live plant material of the evergreen variety, planted on six-foot centers, for the entire distance along which the development abuts the residential or multifamily districts. Where a fire lane is required, the green belt may be reduced to ten feet.

(Ord. No. 242-2001, § 26(C), 2-19-2001)

All required landscaped areas shall be completely covered with living plant material. Landscaping materials such as wood chips and gravel may be used under trees, shrubs, and other plants. Plant materials used in conformance with the provisions of this article shall conform to the standards of the American Standard for Nursery, or equal thereto. Grass seed, sod, and other material shall be clean and reasonably free of weeds and noxious pests and insects. The following criteria and standard shall apply to landscape materials and installation:

(1)

Trees. Trees shall have an average spread of crown of greater than 15 feet at maturity. Trees having a lesser average mature crown of 15 feet may be substituted by grouping the same so as to create the equivalent of 15 feet crown of spread. Overstory trees shall be a minimum of three inches in caliper (measured six inches above the ground) and seven feet in height at time of planting. Accent trees shall be a minimum of one inch in caliper (measured six inches above the ground) and five feet in height at time of planting. The following list of trees may be used when landscaping:

(2)

Shrubs and hedges. Shrubs and hedges shall be a minimum of one foot in height when measured immediately after planting. Hedges, where installed, shall be planted and maintained so as to form a continuous, unbroken, solid, visual screen, which will be two feet high within one year after time of planting. The following list of shrubs and hedges may be used when landscaping:

(3)

Ground covers. Ground covers used in lieu of grass in whole and in part shall be planted in such a manner as to present a finished appearance and reasonably complete coverage within one year of planting. The following list of ground covers may be used when landscaping:

(4)

Vines. Vines shall be a minimum of two feet in height immediately after planting and may be used in conjunction with fences, screens, or walls to meet screening requirements as specified. The following list of vines may be used when landscaping:

(5)

Grass. Lawn grass areas may be sodded, plugged, sprigged, or seeded except that solid sod shall be used in swales, berms, or other areas subject to erosion.

(6)

Perennial and Annual Flowers. The following list of plant materials may also be used when landscaping:

(Ord. No. 242-2001, § 26(D), 2-19-2001)

(a)

Any trees preserved on a site meeting the herein specification may be credited toward meeting the tree requirement of any landscaping provision of this section according to the following table:

(b)

Due to the limited height and size, mesquite trees will receive only 50 percent of the above credit for tree preservation. All other existing trees may receive credit if they are not on the city's approved plant material list but approved by the city. Should any required tree designated for preservation in the landscape plan, the owner shall replace the tree with a three-inch minimum caliper tree in accordance with the credits listed above. Tree circumference shall be measured 4½ feet above natural grade.

(Ord. No. 242-2001, § 26(E), 2-19-2001)

All landscaping shall be the responsibility of the property owner. It shall be permanently maintained and shall have either an irrigation system installed, meeting all applicable requirements of the city, or shall be located within 75 feet of a bibcock, faucet, or other water source.

(1)

Landscaped areas shall be kept free of trash, litter, weeds, and other such material or plants not a part of the landscaping.

(2)

All plant materials shall be maintained in a healthy and growing condition as is appropriate for the season of the year.

(3)

Plant materials which die shall be replaced with plant material of similar variety and size.

(Ord. No. 242-2001, § 26(F), 2-19-2001)

Landscape planting shall not be erected or installed in such a manner as to interfere with traffic viewer or impose a safety hazard. Rigid compliance with these landscaping requirements shall not be such as to cause visibility obstructions and/or blind corners at intersections.

(1)

Whenever an intersection of two or more public rights-of-way occurs, a triangular visibility area as described below shall be created. Landscaping within the triangular visibility area shall be designed to provide unobstructed cross-visibility at a level between three and six feet. Trees may be permitted in this area provided they are trimmed in such a manner that no limbs or foliage extends into the cross-visibility area. The triangular areas are:

a.

The areas of property on both sides of the intersection of an alley access way and public right-of-way shall have a triangular visibility area with two sides of each triangle being a minimum of ten feet in length from the point of intersection and the third side being a line connecting the ends of the other two sides.

b.

The areas of property located at a corner formed by the intersection of two or more public rights-of-way shall have a triangular visibility area with two sides of each triangle being a minimum of 25 feet in length from the point of intersection and the third side being a line connecting the ends of the other two sides.

(2)

Landscaping, except required grass and low ground cover, shall not be located closer than three feet from the edge of any accessway pavement.

(3)

In the event other visibility obstructions are apparent in the proposed landscape plan, as determined by the city, the requirements set forth in this section may be reduced to the extent to remove the conflict.

(Ord. No. 242-2001, § 26(I), 2-19-2001)

(a)

The provisions of this section shall be administered and enforced by the city.

(b)

If, at any time after the issuance of a certificate of occupancy, the approved landscaping is found to be in nonconformance to the standards and criteria of this section, the city shall issue notice to the owner, citing the violation and describing what action is required to comply with this section. The owner, tenant, or agent shall have 30 days from date of said notice to restore the landscaping as required. If the landscaping is not restored within the allotted time, such person shall be in violation of this chapter.

(Ord. No. 242-2001, § 26, 2-19-2001)