(Ord. No. 217, § 41, 7-7-08; Ord. No. 237, § 1, 11-2-15)

(a)

In all residential districts, the required front yard shall not be used for off-street parking, loading or unloading unless in accordance with the provisions of subsections 20-81(4) and 20-81(7), and shall remain as open space unoccupied and unobstructed from ground upward except for landscaping, plant materials vehicle access drives and on premise parking.

(b)

Where lots are on rivers, the property shall be treated as a through lot and have required front yards on both frontages.

(c)

The minimum floor area per dwelling unit shall not include areas of basements, breezeways, unenclosed porches, terraces, attached garages, attached sheds, or utility rooms.

(d)

In the R-A, R-1, R-2 and R-3 districts, the width of side yards, which abut upon a street on the same side or on the opposite side of the same block, upon which other residential lots front, shall not be less than the required front yard for such homes which front upon such side street.

(e)

Site requirements

(f)

For every lot on which a multiple row, or terrace dwelling is erected, there shall be provided a side yard on each side of the lot, as indicated in the schedule. Each side yard shall be increased beyond the yard spaces indicated by one (1) foot for each ten (10) feet or part thereof by which the length of the multiple row, or terrace dwelling exceeds forty (40) feet in overall dimension along the adjoining lot line.

(g)

Where two (2) or more multiple-row or terrace dwellings are erected upon the same lot, a minimum yard space of twenty (20) feet in width shall be provided between structures. This yard width shall be increased by two (2) feet for each ten (10) feet or part thereof, by which each multiple row or terrace dwelling, having common yards, exceeds forty (40) feet in length on that side of the dwelling facing the common yard.

(h)

Where any B-1, B-2 or CBD district borders on a side street, whereon a residential zoning district exists in the same block, there shall be provided a setback of five (5) feet for all commercial buildings and parking and loading areas.

(i)

Where any B-1, B-2 or CBD district borders a residentially zoned district and the districts are not separated by an alley or street, there shall be a minimum building setback of ten (10) feet from the property line.

(j)

Loading space shall be provided for the rear yard in the ratio of at least ten (10) square feet per front foot of the building. Where an alley or street exists or is provided at the rear of buildings, the rear building setback and loading requirements may be computed from the center of the alley or street. The board of appeals may waive this requirement in cases where this section causes undue hardship.

(k)

Where motels or hotels are permitted in a B-2 district, a minimum of two hundred and fifty (250) square feet of floor area per unit shall be provided.

(l)

Subject to the applicable peripheral green strips required in section 20-526.

(Ord. No. 123, § 18.1, 6-5-89; Ord. No. 193, art. III, 7-7-03; Ord. No. 217, § 42, 7-7-08)

Garden apartment means a residential structure having a height limit of two and one-half (2½) stories and containing three (3) or more attached rooms or suites of rooms, each room or suite having its own cooking facilities and being used as a dwelling for one (1) family.

Gross site area means the total area within and conforming to the legal description of the site.

Housing for the elderly means a multiple-family development having the following tenant eligibility requirements. At the time of rental application, tenants must be:

(1)

Families or two (2) or more persons, the head of which (or the spouse of which) is sixty-two (62) years of age or older, or is handicapped; or

(2)

Single persons who are sixty-two (62) years of age or older or who are handicapped.

a.

A handicapped person is one whose impairment:

1.

Is expected to be continued and of indefinite duration;

2.

Substantially impedes his ability to live independently; or

3.

Is such that his ability to live independently could be improved by more suitable housing.

Landscaped area means a portion of land area which has been changed, rearranged, or to which plant materials or scenery have been added to produce an aesthetic effect appropriate for a residential area.

(Ord. No. 123, § 18.2, 6-5-89)

It is the purpose of this article to specify minimum landscape and screening requirements for all land uses requiring approval under this chapter. The regulations are intended to promote the public health, safety and welfare by reducing noise, air and visual pollution, air temperature and light glare, improve aesthetics, prevent soil erosion and increase water retention, to reduce the negative impacts between incompatible land uses and to protect residential privacy. The regulations are further intended to preserve and enhance land values of the city.

(Ord. No. 217, § 43, 7-7-08)

Unless specifically waived by the planning commission, all development required to undergo site plan review shall be landscaped in accordance with a plan and specifications approved by the planning commission as part of site plan approval. The entire site not devoted to floor area, parking, access ways or pedestrian use shall be appropriately landscaped with grass, canopy and coniferous trees, shrubs and ground cover. Expansion areas shall be placed in grass and kept weed free. Any areas which become disturbed for any reason shall be restored in accordance with the original landscape plan unless approved otherwise in writing by the zoning administrator.

(1)

Landscaping shall be installed within one hundred eighty (180) days of completion of the building or structure.

(2)

All landscaping shall be hardy plant materials and maintained thereafter in a neat and orderly manner. Withered and/or dead plant materials shall be replaced within a reasonable period of time but no longer than one growing season.

(3)

Landscaped areas shall be neatly maintained, including mowing, fertilizing and pruning.

(4)

Parking and loading areas shall be landscaped and/or fenced in such a manner as to interrupt or screen the areas from view.

(5)

For the purpose of this section, a comer lot is considered as having two front yards and the appropriate landscaping shall be provided for both.

(6)

The extensive use of cobble stone, crushed stones or other non-living material as ground cover is discouraged.

(7)

In areas located outside of required peripheral green strips and zone buffer yards, plantings should be grouped or clustered to provide the maximum visual effect.

(Ord. No. 217, § 43, 7-7-08)

(a)

Green strips. Each use and parking lot permitted on a lot or parcel located in a B-1, B-2, B-3, R-O, CBD, I-1 or I-2 zoning district, and each parking lot or nonresidential use permitted in a residential district shall provide a green strip within each front, side and rear yard in accordance with this article. The green strip shall begin at the right-of-way line in the case of yards having street frontage and the side and rear property lines in the case of side and rear yards. Green strips and the landscape and/or screening installed within them shall be maintained in accordance with the standards and guidelines contained in this article. Unless otherwise provided herein, green strips shall be required to run the entire length of the property line or street frontage except in driveway or joint parking areas. The minimum width of required green strips are as follows:

(1)

Front yard/street frontage green strips.

a.

Five (5) feet for all uses located in a B-1, B-2, R-O and P district.

b.

Twenty-five (25) feet for all uses located in an I-1, I-2 and B-3 district.

c.

Five (5) feet in the CBD except that no front yard green strip is required where the building is placed within five feet of the right-of-way or front property line.

(2)

Side yard green strips.

a.

Five (5) feet for all uses located in the B-1, B-2, B-3, R-O, I-1, I-2 and P district and all nonresidential uses when adjacent to a business or industrial use or district.

b.

No side yard green strip is required for uses located in the CBD when the use is adjacent to a business or other nonresidential use or zoning district.

c.

Ten (10) feet for all uses located in a CBD, B-1, B-2, B-3, R-O, I-1, I-2 and P district and all other public or private nonresidential uses when adjacent to a residential use or within any residential zoning district.

(3)

Rear yard green strips.

a.

Five (5) feet for all uses located in a B-1, B-2, B-3, RO, I-1, I-2 or P district and all nonresidential uses when adjacent to another business or industrial use or district.

b.

No rear yard green strip is required for uses located in the CBD when the use is adjacent to a business or other nonresidential use or zoning district.

c.

Twenty-five (25) feet for all uses located in a B-3 and I-2 district when adjacent to a residential use or any residential zoning district.

d.

Ten (10) feet for all uses located in a CBD, B-1, B-2, R-O, I-1 or P district and all other nonresidential uses when adjacent to a residential use or within a residential zoning district.

(4)

Off-street parking areas. When located in a CBD, B-1, B-2, B-3, R-O, I-1, I-2 or P district, front, side and rear yard green strips shall be provided around all off street parking areas in accordance with the above front, side and rear yard green strip requirements.

(5)

Off-street parking areas in support of residential uses or facing a residential use. Where off-street parking areas are located in a residential district in support of a residential use and when an off-street parking area faces a residential district or use across a street, the peripheral green strip shall be at least five (5) feet in width.

(6)

Alleys. In areas where a public alley separates land uses and zoning districts strict adherence to the green strip standards is not required but a screen wall or vegetative screen may be required. In such situations where screening is necessary but is not possible along the full width of the lot, the planning commission may require the screening of individual objectionable appurtenances such as refuse containers, HVAC units and vents, and loading areas (see screening requirements, section 20-528).

(Ord. No. 217, § 43, 7-7-08)

(a)

The following table indicates the minimum landscape requirements for peripheral green strips as required under preceding section 20-526.

Quantity of Plant Materials to be Installed Within Required Front, Side and Rear Yard Green Strips
Per 100 Linear Feet

Footnotes to table:

(a) Side and rear yard plantings are not required in CBD unless the property abuts a residential zoning district, in which case the provisions for zone buffer yards shall apply.

(b) Front yard plantings are only required in the CBD district when the building is set back from the right-of- way line less than five(5) feet or when a parking lot is facing a residential district situated on the opposite side of the street.

(c) See section 20-528. Unless modified under the provisions herein the plangent requirements for zone buffer yards apply to all green strips on nonresidential land and land located in the CBD, B-1, B-2, R-O, B-3, I-1, I-2, and P districts where it abuts residential uses or zones. Such plantings shall be further augmented or substituted as necessary by additional plantings, walls or fences as needed to screen the structures and activities of the business form the view of occupants of adjoining premises.

(b)

A front yard or street green strip may contain pedestrian or bicycle pathway, provided that no plant is eliminated and the total buffer yard (width and length) is maintained.

(c)

Stormwater retention/detention facilities in green strips. Surface retention/detention facilities may extend into green strips where it can be demonstrated that all planting requirements are met, the desired effects provided by the buffer yard will be fully achieved and ponding will not jeopardize the survival of the plant materials.

(d)

Unless specifically approved by the planning commission as part of the site plan approval, all required plantings must be planted within the required green strip.

(e)

At the time of planting, plant types, plant species and the arrangement of plantings shall compliment the improved landscaping that may exist on adjacent sites.

(f)

Existing plant materials. Existing plant materials which satisfy the minimum size requirements set forth in this section and all other requirements or specifications of this section may be credited toward satisfying the planting requirements of the proposed use.

(g)

Minimum plant size. New plant materials must meet the minimum plant size requirements contained in the table below when in a required planting. The planning commission may grant credit of up to twenty-five (25) percent against the required buffer yard planting height for landscape berms that average three (3) feet in height or greater above the average surrounding grade and it is demonstrated that such berms will not diminish the survivability of the plantings.

Minimum Planting Size

(Ord. No. 217, § 43, 7-7-08)

The plantings or screening included within a required zone buffer yard shall be planted or constructed and maintained to achieve the following:

(1)

A natural or planted buffer of trees and bushes of sufficient density or compactness to screen the structures and activities of the business from the view of occupants of adjoining premises. Fifty (50) percent of the plantings shall maintain their density and screening effect throughout the calendar year, and shall be not less than four (4) feet in height at the time of planting.

(2)

An artificial wall or fence may be used in addition to the minimum tree and shrub plantings required in the preceding section 20-527. Such wall or fence in combination with the required plantings shall be of sufficient density or compactness to screen structures and activities of the business from the view of occupants of adjoining premises. Screen walls and fences shall be not less than five (5) feet in height and shall be constructed with durable, weather-resistant and easily maintainable materials. The color, materials, finishes and forms of all walls shall be compatible with surrounding land uses or structures, as determined by the planning commission. Except in cases where total opaqueness is required, walls may be constructed with openings that do not exceed twenty (20) percent of the surface.

(3)

All zone buffer yard screens shall be maintained in a neat and attractive manner. Any modifications to a required zone buffer yard screen shall be approved by the planning commission.

(4)

The planning commission may require additional landscape plantings and/or artificial screening if an increase is found to be necessary to achieve reasonable screening and aesthetic objectives.

(Ord. No. 217, § 43, 7-7-08)

The requirements of this division shall apply to all expansions, renovations, or alterations which increase the size of an existing structure or building cumulatively by five (5) percent or more of its gross floor area or which entails any exterior site change or grading in excess of one thousand (1,000) square feet, as of the effective date of these regulations.

(Ord. No. 217, § 43, 7-7-08)

Green space within the public right-of-way and private easements. For the land area lying between the required buffer yard and the edge of pavement of a public or private street, the following standards shall apply.

(1)

Grass or other living groundcover shall be neatly maintained and kept weed free by the owners of property abutting the public right-of-way or private easement.

(2)

Trees within a public right-of-way shall not be planted without the written consent of the city.

(Ord. No. 217, § 43, 7-7-08)

For reasons of conflicting uses, unfavorable topography or other unique or extenuating physical circumstances, the planning commission may waive, increase, decrease or otherwise alter the required landscape plantings and/or screening requirements of this division. In allowing a waiver or alteration, or requiring an increase, the planning commission must first find, in its discretion, that the stated requirements are unreasonably suited to the particular site and that reasonable alterations either will, or are necessary to, achieve the overall intention of this division. The following factors shall be evaluated by the planning commission in making its decision:

(1)

Topography variations;

(2)

Existence of natural vegetation;

(3)

Existing and proposed building placement;

(4)

Adjacent land uses;

(5)

Existence of flood plain or other non-developable areas;

(6)

Recommendations of zoning administrator.

(Ord. No. 217, § 43, 7-7-08)

The planning commission shall not be obligated to make any waiver of landscaping requirements.

(Ord. No. 217, § 43, 7-7-08)

(a)

If construction is completed during a planting season, no certificate of occupancy shall be issued until the landscaping complies with the requirement of this article of the zoning ordinance.

(b)

If construction is completed in an off-planting season, a certificate of occupancy shall be issued only after the owner provides a financial guarantee. The provisions governing the posting of a financial guarantee shall be those outlined in section 20-133 of this ordinance except that the zoning administrator shall be responsible for requiring and administering the financial guarantee.

(Ord. No. 217, § 43, 7-7-08)

All landscaping shall be maintained in a healthy, neat, and orderly state, free from weeds and debris. All grass shall be maintained at a height not to exceed eight (8) inches, unless specifically approved by the planning commissions.

(Ord. No. 217, § 43, 7-7-08)

The owner, tenant, or their agent shall be jointly responsible for maintenance.

(Ord. No. 217, § 43, 7-7-08)

All required landscaping shall be maintained on a continuing basis. Dead plant materials shall be replaced as necessary to meet the desired effect of the original landscape-plan approval. The zoning administrator shall have the authority to make a determination of ordinance violation with regard to landscaping. If the zoning administrator issues a notice of violation, the owner shall have six months to correct the landscaping violation.

(Ord. No. 217, § 43, 7-7-08)

If a project is constructed in phases, the landscaping and screening may also be constructed in phases. The planning commission shall determine the extent of landscaping required of each phase, based on adjacent land uses, distance between land uses, operation characteristics, both on- and off-site, building heights, physical characteristics of the site, percentage of total development which each phase represents.

(Ord. No. 217, § 43, 7-7-08)

The trees listed in the following table are species that will not be credited for the purposes of meeting minimum landscape requirements within green strips and zone buffer yards as they split easily, produce excessive fruit or litter, their wood is brittle and breaks easily, their roots clog drains and sewers and they are unusually susceptible to disease or insect pests.

Species Not Credited

(Ord. No. 217, § 43, 7-7-08)