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West Monroe City Zoning Code

ARTICLE J

- LANDSCAPING REQUIREMENTS

Sec. 12-5091.1. - Intent.

The intent of the landscaping requirements stated herein are as follows:

(a)

To aid in stabilizing the environment's ecological balance by contribution to the processes of air movement, air purification, oxygen regeneration, groundwater recharge, and stormwater runoff control; while at the same time aiding in noise, glare, heat, and dust abatement;

(b)

To provide visual buffering between land uses of differing character;

(c)

To enhance the beautification and quality of life of the metropolitan area;

(d)

To protect the public health, safety, and general welfare;

(e)

To safeguard and enhance property values and to protect public and private investment;

(f)

To assist in providing adequate light, and air and in preventing overcrowding of land;

(g)

To encourage innovation and quality in landscape and architectural design; and

(h)

To enhance the pedestrian character of the city streetscape.

(Ord. No. 4636, § 1, 2-12-19)

Sec. 12-5091.2. - Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Buffer planting area: The unpaved area of land located between the property line and building or vehicular use area, designated for the preservation and placement of plant materials.

Caliper: The diameter of a tree trunk measured six (6) inches above ground level. If a tree is of a multi-trunked variety, the caliper of the tree is the average caliper of all its trunks.

Canopy tree: A species of a tree which normally bears crown foliage no lower than six (6) feet above ground level upon maturity.

Ground cover: Natural mulch or plants of species which normally reach a height of less than three (3) feet upon maturity, installed in such a manner so as to form a continuous cover over the ground.

Large tree: A tree of a species which normally reaches a height of thirty (30) feet or more upon maturity.

Nonpermeable coverage: Coverage with nonpermeabl e pavement or any surface lacking the ability for air and water to pass through to the root zone of plants.

Permeable coverage: Any surface with the ability for air and water to pass through to the root zone of plants.

Sight safety triangle: The triangle at either side of an accessway or public right-of-way with sides of a specific length each along the public right-of-way and/or accessway. Refer to subsection 12-5095(c) for specific lengths.

Small tree: A tree of a species which normally reaches a height of less than thirty (30) feet upon maturity.

Temporary certificate of occupancy: This certificate allows for a structure to be used and occupied for a specified time period until a certificate of occupancy is officially approved.

Utility service area: An area, which contains any surface, mounted HVAC equipment or free-standing, above ground devices, such as utility boxes, booster boxes, switch boxes and transformers that are part of an underground utilities system.

Visibility at intersections: On a corner building site in any district in which a front yard is required, no fence, wall, hedge, or other structure or plant more than three (3) feet in height shall be erected, placed or maintained within the triangular area formed by the intersecting street rights-of-way (property lines) and a straight line connecting such street rights-of-way (property lines) at point twenty (20) feet from the point of intersection measured along such street rights-of-way (property lines).

(Ord. No. 4636, § 1, 2-12-19)

Sec. 12-5091.3. - Administration.

(a)

The provisions of this article shall apply to any real property having street frontage with zoning classifications designated by the West Monroe Planning Commission which involve any new construction of commercial, governmental, industrial, multifamily of three (3) or more units, religious, educational and conditional uses as deemed necessary and appropriate by the West Monroe Planning Commission.

(b)

Single-family and two-family residences shall be exempt from these requirements.

(c)

The requirements of this article shall not apply to the development of lots on property subdivided before this article J, landscaping requirements, came into effect where the minimum requirements of this article cannot be met due to property size or configuration. The unbuilt site area must be fully utilized, if possible, for landscape purposes to satisfy the intent of this article.

(Ord. No. 4636, § 1, 2-12-19)

Sec. 12-5092. - Existing developed areas.

(a)

Unless otherwise noted, all property designated in section 12-5091.3 with existing paved ground surface areas on the effective date of the ordinance codified in this article shall not be required to conform with the requirements of this article, unless construction or expansion of improvements on the property requiring a building permit is undertaken that:

(1)

Increases the number of stories in a building on the property;

(2)

Increase by more than twenty (20) percent or twenty thousand (20,000) square feet, whichever is less, the combined floor areas of all buildings on the property; or

(3)

Increases the nonpermeable coverage on the property by more than three thousand (3,000) square feet or ten (10) parking spaces.

(b)

No structure shall be required to be altered or moved, except during construction, to meet the requirements of this article.

(c)

Existing developed areas designated in section 12-5092 which are not undergoing construction or expansion activities are encouraged, although not legally obligated, to meet the landscaping requirements as stated in this article.

(Ord. No. 4636, § 1, 2-12-19)

Sec. 12-5093. - Landscape plan submission.

A landscape plan must be submitted, in conjunction with the required site plan, to the office of planning and zoning with the application for a building permit for work on the property. In addition, a landscape plan must be submitted as part of the required site plan review by the West Monroe Director of Planning and Zoning. The landscape plan can either be a separate print or be included on the required site plan print. The minimum information required on the landscape plan shall include:

(a)

Locations and dimensions of the proposed landscaping strips adjacent to the public right-of-way including a description and location of the trees and plant materials to be placed within the landscaping strip;

(b)

Locations and dimensions of the proposed landscape areas within the parking area including a description and location of the trees and plant materials to be placed within the landscape areas;

(c)

Locations and calipers of existing healthy trees to be retained and counted as part of the landscaping requirements;

(d)

An indication of how existing healthy trees proposed to be retained will be protected from damage during construction; and

(e)

Compliance with visibility at intersections requirements.

(Ord. No. 4636, § 1, 2-12-19)

Sec. 12-5094. - Alternative compliance.

A landscape plan which is alternative to strict compliance with the various landscaping requirements of this article may be reviewed by the department of planning and zoning and approved by the West Monroe Board of Aldermen if this plan achieves the intent and general landscaped open space ratio of this article.

(Ord. No. 4636, § 1, 2-12-19)

Sec. 12-5095. - Street frontage requirements.

(a)

For all land under the jurisdiction of this article, there shall be a minimum of a five-foot landscaping strip abutting the public right-of-way running parallel with the street line, exclusive of driveways and access ways at points of ingress and egress to and from the property. Where the acreage falls within twenty (20) and fifty (50) acres, a ten-foot landscaping strip shall be required. Where the acreage exceeds fifty (50) acres, a fifteen-foot landscaping strip shall be required.

(b)

The minimum width of a nonresidential accessway to an off-street parking or other vehicular use area shall be twenty (20) feet for two-way vehicular movement and twelve (12) feet for one-way movement. The maximum width for an accessway shall be thirty (30) feet for two-way vehicular movement except along major traffic routes of which the maximum width shall be thirty-five (35) feet and twenty-four (24) feet for one-way movement. The minimum width of a multifamily residential accessway shall be fifteen (15) feet and the maximum width shall be twenty-four (24) feet. For street frontage up to seventy-five (75) feet no more than two (2) one-way or one two-way accessways will be permitted. For each additional seventy-five (75) feet of frontage, two (2) additional one-way or one additional two-way accessways may be permitted.

(c)

The line of sight safety triangle at either side of an accessway intersecting with a public street shall be not less than ten (10) feet in length along the accessway and public street right-of-way. The line of sight safety triangle at the junction of two (2) public streets shall be not less than twenty (20) along each public street right-of-way. This line of sight safety triangle must be essentially clear of obstructions above the height of three (3) feet above grade to allow for vehicular visibility.

(d)

Landscaping shall consist of a combination of plant materials from each of the following categories:

(1)

Grasses/ground covers/vines.

(2)

Shrubs/hedges.

(3)

Trees.

Grasses and ground covers alone shall not constitute adequate landscaping.

(e)

There shall be at least one large tree for every sixty (60) linear feet of the required landscaping strip, or one small tree for every thirty (30) linear feet of the required landscaping strip.

(f)

As part of the trees required, any existing tree with a twelve-inch or greater caliper that is retained within the required front yard as defined by zoning ordinances or landscape strip shall be counted as two (2) trees in satisfying the above requirement.

(g)

The requirements for trees in the front yard shall be waived, on a tree-for-tree basis, if the adjacent public right-of-way, excluding medians, contains existing street trees.

(h)

Landscaping the adjacent right-of-way shall be permitted subject to approval by the city engineer. Credit for up to fifty (50) percent of the minimum street frontage landscaping area requirements shall be allotted for landscaping the public right-of-way. The preceding statement shall apply only to those areas where the five-foot landscaping strip is required.

(Ord. No. 4636, § 1, 2-12-19)

Sec. 12-5096. - Off-street surface parking facility requirements.

(a)

In addition to the street frontage landscaping requirement, a minimum of twenty (20) square feet of landscape area shall be provided for each required off-street parking space. Such landscaping shall be located within the paved portion of the parking lot and/or within twenty (20) feet immediately adjacent to the paved portion of the parking lot or any buffer area.

(b)

Landscaping shall consist of a combination of lawn grasses, groundcovers, shrubs, trees, and nonliving durable material such as brick, stone, rocks, pavers, or similar materials. Eighty (80) percent of such material shall be living. Grasses and ground covers alone shall not constitute adequate landscaping.

(c)

A minimum of one large or small tree for each twelve (12) required parking spaces shall be required in the off-street parking area.

(d)

These landscaped areas shall be, to the extent possible, evenly distributed to effectively relieve the monotony of large paved areas but not interfere with the orderly circulation of vehicular and pedestrian traffic. Location can be adjusted to accommodate existing trees or other natural features as long as the total off-street parking area landscaping requirements are met.

(e)

All landscaped areas, except grass areas, shall be protected from vehicular encroachment by concrete curbs, wheel stops, or other permanent barriers, and should be raised.

(f)

As part of the tree requirements, any existing tree with a twelve-inch or greater caliper that is retained within the parking lot shall be counted as two (2) trees in satisfying the above requirement, subject to the following:

(1)

If such existing tree(s) later dies or is removed, two (2) trees shall be required to be planted; and

(2)

Permeable coverage shall be maintained to the extent of the crown of the existing tree at the original elevation.

(g)

A reduction of two (2) feet, measured from the concrete curb or other permanent barrier, shall be allowed in the computation of the depth of parking spaces contiguous to the perimeter landscaping strips and/or interior planting area. In such event, this reduction shall not be considered as a reduction of the landscaped area.

(h)

All outdoor storage with a linear dimension of fifteen (15) feet or greater, or any dumpster type refuse container with a linear dimension of five (5) feet or greater which is not screened by a building or other structure shall be screened from view from street rights-of-way for the entire length of the structure, except for necessary access. All utility service areas shall be screened from public rights-of-way. Screening for both outdoor storage areas and utility service areas shall be as follows:

(1)

Evergreen plants shall have a minimum installation height of thirty-six (36) inches, spaced three (3) feet on center and be expected, to reach a minimum height of six (6) feet within three (3) years.

(2)

Fences or walls shall be constructed of a compatible material with that of the principal building of masonry, stone or wood and of a height and width equal to or greater than the utility service structure to be screened. One third of fences or walls must be screened with plants to reach minimum height of six (6) feet within three (3) years after year of planting.

(3)

No screening shall be installed which would impair the safe operation, maintenance or function of the utility service equipment.

(Ord. No. 4636, § 1, 2-12-19)

Sec. 12-5097. - Acceptable landscape materials.

(a)

Large trees shall have a minimum caliper of two (2) inches or a minimum height of ten (10) feet at the time of planting, depending on the standard measuring techniques for the species.

(b)

Small trees shall have a minimum height of six (6) feet at the time of planting.

(c)

For the purposes of this section, height is measured from the top of the root ball or if the plants in a container, from the soil level in the container.

(d)

In satisfying the landscaping requirements of this division, the use of high quality, hardy and drought-tolerant plant materials is recommended and encouraged.

(Ord. No. 4636, § 1, 2-12-19)

Sec. 12-5098. - Installation and maintenance.

(a)

Tree limbs, shrubs, and other planting shall be installed and maintained in compliance with the West Monroe City Code.

(b)

The property owner shall be responsible for watering and maintaining all installed landscaping in a healthy, neat, and orderly condition, replacing plants and trees when necessary, and keeping the area free of refuse and debris. Tree limbs and other planting shall be maintained so as not to create an obstruction to a driver's visibility and/or pedestrian movement.

(c)

Ground covers, including wildflowers, which are used to satisfy the requirements of this division, are not considered grasses and thus shall not be subject to the city's grass height limitation requirements.

(Ord. No. 4636, § 1, 2-12-19)

Sec. 12-5098.1. - Technical assistance.

The director of planning and zoning will provide, when applicable, assistance to property owners in applying the requirements of this article to their respective site plans. It is further recommended that property owners consult with landscape nurseries, landscape architects, architects, engineers, etc., regarding the development of landscape plans and appropriate plant materials.

(Ord. No. 4636, § 1, 2-12-19)

Sec. 12-5098.2. - Surface water retention and detention basins.

Surface water retention and detention basins designed to handle surface water runoff and overflow are recommended to be constructed so as to appear natural in appearance.

(a)

Fencing criteria. The requirements for slopes and fencing are intended to discourage access to portions of a basin where steep side slopes (steeper than 4: 1) increase potential for slipping into basins, and to allow easy egress for those who have fallen with slopes that are mild enough (flatter than 4:1 and unfenced) to allow for easy escape. If the basin will hold water deeper than two (2) feet, a physical barrier as demarcation of the basin limits is required.

(1)

Where interior slopes are steeper than 4:1, the barrier shall be a black chain link fence six (6) feet in height.

(2)

If a retention or detention basin abuts a public street, a six-foot black chain link fence with evergreen planting and trees shall run parallel with the street right-of-way for the length of the basin.

(3)

If the retention or detention abuts a parking lot, there shall be one large tree for every sixty (60) linear feet for the length of the parking lot or one small tree for every thirty (30) linear feet.

(4)

Evergreen plants shall have a minimum installation height of thirty-six (36) inches, spaced three (3) feet on center and be expected to reach a minimum height of six (6) feet within three (3) years.

(5)

There shall be at least one large tree for every sixty (60) linear feet for the length of the wooden fence or one small tree for every thirty (30) linear feet.

(Ord. No. 4636, § 1, 2-12-19)

Sec. 12-5099.2. - Enforcement.

(a)

No certificate of occupancy shall be approved before completion of landscaping except as follows: If due to the seasonal nature of plant materials, landscaping has not been completed at the time that a certificate of occupancy could be granted, and such certificate is requested, the director of planning and zoning may grant a temporary certificate of occupancy to the owner or his agent, which will specify an appropriate time limitation, np to eight (8) months for completion of the landscaping requirements of this article.

(b)

Failure to comply with the provisions of this article within thirty (30) days of written notification shall result in imposition of an administrative fee of five hundred dollars ($500.00) per week, or portion thereof until compliance is achieved. In addition, the city may institute proceedings in West Monroe City Court to compel performance, and shall be entitled to additionally recover direct and indirect attorney's fees incurred and all costs.

(c)

It shall further be unlawful to fail to comply with the provisions of this article for a period of three (3) months following receipt of written notification of the violation, and such continued violation shall be subject to the penalties contained in section 1-1008.

(Ord. No. 4636, § 1, 2-12-19)