Willard City Zoning Code
ARTICLE VIII
Landscaping, Screening and Buffering Requirements
Section 400.680 Purpose.
[Ord. No. 020227 §1(8.1), 2-27-2002]
The screening, buffering and landscaping requirements contained in this Article are intended to enhance the visual and environmental image of the City of Willard through landscaping; protect and enhance property values by promoting quality living and working environments which integrate landscaping as part of the development design; reduce or mitigate the negative effects of air and noise pollution through natural plantings which absorb dust, carbon monoxide and which screen the glare of lighting; and provide for the use of green buffers and/or structural buffers to reduce the negative impacts of potentially incompatible land uses.
Section 400.690 Applicability.
[Ord. No. 020227 §1(8.2), 2-27-2002]
A.
The requirements of this Article shall apply to all public, private and institutional developments approved after the effective date of this Chapter with the following exceptions:
1.
Developments that have been issued a building permit or have received final plat approval prior to the effective date of this Chapter shall not be subject to the landscaping, screening or buffering requirements.
2.
Individual single-family homes built on existing lots of record or lots platted after the effective date of this Chapter shall not be subject to the landscaping, buffering or screening requirements.
3.
Single-family subdivisions platted after the effective date of this Chapter shall not be subject to the landscaping requirements. However, such subdivisions may be subject to the screening and buffering requirements herein.
Section 400.700 Approval Process.
[Ord. No. 020227 §1(8.3), 2-27-2002]
A.
No building permit shall be issued for the improvement of any site, the construction of any building or the establishment of any use for which a landscaping plan is required until such plan has been submitted and approved by the City.
B.
A certificate of occupancy shall not be issued for any building or structure until all screening, buffering and/or landscaping is in place in accordance with the approved landscape plan.
C.
In any case in which a certificate of occupancy is sought during a season of the year which the City determines that weather conditions make it impractical to plant trees, shrubs or other required landscaping, a temporary certificate of occupancy may be issued, provided that the applicant deposits cash in an escrow account in the amount of the estimated cost of such landscaping. Such escrow deposit shall contain the following conditions:
1.
The installation of all landscaping required by the landscape plan shall be completed within six (6) months of the date of the application for the temporary certificate of occupancy.
2.
The City shall have the right to draw upon the escrow account to complete said landscaping if the applicant fails to do so.
Section 400.705 Enforcement.
[Ord. No. 120409D §1, 4-9-2012]
A.
The provisions of this Section shall be administered and enforced by the Director of Planning and Development or his designee.
B.
If, at any time after the issuance of a Certificate of Occupancy, the Director of Planning and Development determines that the approved landscaping does not conform to the standards and criteria in this Section, the Director shall issue a notice to the owner and to any known tenant or agent citing the violation and describing what action is required to comply with this Section. The owner, tenant, or agent shall have thirty (30) days from date of said notice to restore the landscaping as required. If the landscaping is not restored within the allotted time or if arrangements have not been made in conformance with Section 400.700, such person shall be in violation of this Article. It is the responsibility of the owner of the property to comply with these requirements.
Section 400.710 Landscape Plans.
[Ord. No. 020227 §1(8.4), 2-27-2002]
A.
Where a site plan is required, the landscape plan may be submitted concurrently with the site plan. The City inspector shall review the landscape plan and shall approve it if the plan is in accordance with the requirements of this Article. If the plan is not in accord, a written statement shall be provided to the applicant setting forth the changes necessary to bring the plan into compliance.
B.
Landscape plans shall include the following information:
1.
The location of all trees or other vegetation to be preserved.
2.
The location of all plant and landscaping materials to be used, including plants, paving or other landscape features.
3.
The types of all plant material (canopy, understory, ornamental, evergreen, shrub, etc.) to be used.
4.
Common names, quantity, spacing and size of all proposed material at the time of planting.
5.
Location and description of other landscaping improvements, such as berms, walls, fences, screens, paved area, street furniture, etc.
6.
The name and address of the person responsible for preparation of the landscape plan.
C.
Wherever possible, the landscape plan shall provide for the preservation of existing trees. A landscape plan which includes the clear cutting of existing trees shall be approved only if the developer establishes through convincing evidence that the prohibition of clear cutting would substantially and unreasonably restrict his/her ability to develop the property and the development will not be economically viable unless clear cutting is permitted.
Section 400.720 Landscape Planting Standards.
[Ord. No. 020227 §1(8.5), 2-27-2002; Ord. No. 120409C §1, 4-9-2012]
A.
The following standards and criteria shall apply to landscape materials and installation.
1.
Quality. All trees and shrubs installed in compliance with this Article shall have well-developed leaders and tops, roots characteristic of the species, shall be fully branched and shall show evidence of proper pruning. Trees installed shall be number one (1) grade. All plant materials shall be free of insects, diseases or mechanical injury.
2.
Coverage. Grass, ground cover or other living landscape material shall be used to cover all open ground. Mulch, bark or other landscaping materials may be incorporated in the landscape plan where appropriate.
3.
Maintenance. The owner of the property shall be responsible for maintaining, in a neat and orderly manner at all times, all required screening materials. Plant materials which die shall be replaced with healthy plant material of similar variety and meeting the size requirement of this Section.
4.
Shrubs and hedges. Shrubs shall be a minimum of twelve (12) inches in height when measured immediately upon planting. Where installed, hedges shall be planted so as to form a continuous, solid visual screen that will be at least two (2) feet high within one (1) year of planting.
5.
Trees. Trees referred to in this Article shall be of a species common to or adapted to the climate and soil conditions of this area. The selection of trees should take into consideration the ease of maintenance, tolerance of City conditions and availability from area nurseries. Caliper measurements shall be taken six (6) inches above grade. Trees shall meet the following minimum standards:
a.
Canopy trees shall be deciduous trees that have a minimum height of thirty (30) feet at maturity. All canopy trees shall have a caliper width of one and one-half (1½) inches at time of planting.
b.
Understory trees shall be deciduous trees that have a maximum height of less than twenty (20) feet at maturity. All understory trees shall have a caliper width of one (1) inch at time of planting and shall be a minimum of five (5) feet in height above the root ball.
c.
Ornamental trees may be flowering or non-flowering trees. All ornamental trees shall have a caliper width of one (1) inch at time of planting or shall be a minimum of four (4) feet in height above the root ball.
d.
Evergreen or conifer trees shall have a minimum height of twenty (20) feet at maturity. All evergreen trees shall be at least four (4) feet high at time of planting.
6.
Credit for existing trees. Any existing trees preserved on a site in required buffer yards, interior or perimeter landscaped areas and meeting the specifications in this Section may, at the determination of the City inspector, be credited towards meeting the tree requirement of this Article. Any tree for which credit is given shall be in a condition that allows for long-term survival and shall be in a location that conforms to the intent and standards of this Article. The following conditions shall apply:
a.
Existing trees for which credit is given shall be protected during construction. A temporary fence shall be constructed around the root zone and no heavy equipment or building materials shall be used or stored within the temporary fence area.
b.
Existing trees for which credit is given, but which subsequently die within one (1) year of issuance of certificate of occupancy, shall be replaced with the required number of living trees in accordance with the standards of this Article.
Section 400.730 Landscape Requirements - Parking and Vehicle Use Areas.
[Ord. No. 020227 §1(8.6), 2-27-2002]
A.
The perimeter and interior of parking lots and vehicular use areas shall be landscaped in accordance with the following requirements. Areas used for parking or vehicular storage which are located under or within buildings are exempt from these requirements.
B.
Perimeter Landscaping.
1.
Perimeter landscaping shall be provided where an off-street parking lot or vehicular use area is within fifty (50) feet of a public right-of-way and there is not an intervening building.
2.
Whenever an off-street parking lot or vehicular use area abuts a public right-of-way, a perimeter landscaped area at least ten (10) feet in depth shall be maintained between the abutting right-of-way and the parking lot or vehicular use area.
3.
Perimeter landscaping shall contain one (1) canopy tree, one (1) understory, ornamental or evergreen tree and four (4) shrubs per one hundred (100) linear feet of frontage. Where a perimeter landscaped area is less than fifty (50) linear feet, four (4) shrubs and one (1) canopy tree or two (2) understory, ornamental or evergreen trees shall be required. Where utility lines, easements or other conditions not under the control of the developer limit the planting of canopy trees, each required canopy tree may be replaced by two (2) understory, ornamental or evergreen trees.
4.
Developments along Highway 160 that site buildings so that the back of the building(s) faces on Highway 160 shall be required to provide perimeter landscaping along the Highway 160 frontage in addition to any other perimeter landscaping required. Perimeter landscaping along the Highway 160 frontage shall include three (3) canopy trees, two (2) understory trees or ornamental trees, two (2) evergreen trees and fifteen (15) shrubs per one hundred (100) linear feet of frontage.
Where the frontage along Highway 160 is less than fifty (50) linear feet, perimeter landscaping shall include two (2) canopy trees, two (2) understory, ornamental or evergreen trees and fifteen (15) shrubs. Where utility lines, easements or other conditions not under the control of the developer limit the planting of canopy trees, each required canopy tree may be replaced by two (2) understory, ornamental or evergreen trees.
5.
Required trees and shrubs may be clustered to allow for the most effective use of landscaping. All other areas shall be landscaped with grass, ground cover or other appropriate landscape treatment.
C.
Interior Parking And Vehicle Use Area Landscaping.
1.
For developments containing parking and vehicular use areas totaling twenty (20) or more parking spaces, a minimum of five percent (5%) of the parking or vehicular use area shall be landscaped. Gross parking area shall be determined by calculating the total area used for parking, including circulation aisles. Landscaped areas outside of the parking lot may not be used to meet interior landscaping requirements.
2.
Interior landscaped areas shall be protected from damage by vehicles through appropriate wheel stops or curbs.
3.
Interior landscaping shall contain one (1) canopy or understory, tree or two (2) ornamental trees for each twenty (20) parking spaces or fraction thereof.
4.
Interior trees shall be planted within a planting island, with one (1) planting island required for every twenty (20) parking spaces. Planting islands shall be located so as to best relieve a continuous expanse of paving. Planting islands for canopy trees shall be at least one hundred (100) square feet for each understory, tree and at least two hundred (200) square feet for each canopy tree. Islands shall be dimensioned in such a way as to be suitable for planting and to prevent damage to plantings from opening car doors.
Section 400.740 Residential Landscaping Requirements.
[Ord. No. 020227 §1(8.7), 2-27-2002]
Except where exempt in accordance with Section 400.690, landscaping requirements for residential uses shall be in conformance with the following table:
Residential Type | Minimum Number Canopy Or Understory Trees * | Minimum Number Ornamental Or Evergreen Trees * |
|---|---|---|
Town house, two-family, three-family | 1 per dwelling | 1 per dwelling |
Multi-family dwellings | 0.5 per dwelling | 1 per dwelling |
* Total number of trees to be located on lots and in common open space. | ||
Section 400.750 Buffer Yard Requirements.
[Ord. No. 020227 §1(8.8), 2-27-2002]
A.
This Section establishes requirements for screening in order to minimize the negative impacts of incompatible land uses on adjoining properties. Whenever the installation of a buffer area is required, the screening requirement shall be in addition to any other applicable landscaping requirements in conformance with this Article.
B.
Screening shall be provided between uses in accordance with the following table:
[Ord. No. 170911A § 4, 9-25-2017]
Proposed Use | Adjacent Existing Use | ||||||
|---|---|---|---|---|---|---|---|
Single-family | 2 — 3 family town house | Multi-family | Manufactured Housing Park | Commercial | Industrial | Office | |
Single-family | (B) | (B) | A | None | B | C | C |
2 — 3 family town house | A | None | A | A | B | C | C |
Multi-family | B | A | None | None | A | C | C |
Manufactured housing park | B | A | A | None | A | C | C |
Commercial | B | B | A | A | None | A | B |
Industrial | C | C | C | C | A | None | B |
Office | C | C | C | C | B | B | None |
(B) Buffer required when permitted non-residential uses locate adjacent to existing residential uses. "A" Buffer yard category required. See Subsection (E) for definition and standards. | |||||||
C.
The following specific uses will also be required to provide screening. Such developments shall be required to meet buffer yard "C" standards.
D.
When there is an intervening public street with a right-of-way width of at least fifty (50) feet or railroad rights-of-way between two (2) zoning districts, a buffer yard in accordance with Subsection (B) shall not be required except where the backs of the buildings of the proposed use face the adjoining zoning district uses.
E.
The developer of the proposed use shall be responsible for providing the screening when required in accordance with Subsection (B) and the following standards:
1.
Buffer yard A. This screen is intended to partially block visual contact between adjacent uses and to create a strong impression of separation of spaces. The following buffer area and plantings are required per one hundred (100) linear feet. Minimum width of buffer yard area shall be fifteen (15) feet.
2.
Buffer yard B. This screen is intended to provide more intensive visual block between adjacent uses and to create a stronger sense of separation of spaces. The following buffer area, plantings and/or other structural screening are required per one hundred (100) linear feet. Minimum width of buffer yard area shall be twenty-five (25) feet.
a.
Two (2) canopy trees.
b.
Two (2) understory trees.
c.
Two (2) evergreen trees.
d.
Fifteen (15) shrubs.
e.
Six (6) foot solid wood fence, solid masonry/brick wall or solid evergreen hedge.
f.
As an option, the requirement for a six (6) foot fence, wall or evergreen hedge may be replaced with a three (3) foot earthen berm with required plantings and perennial ground cover sown on the berm.
3.
Buffer yard C. This screen is intended to provide an opaque visual screen that excludes visual contact between adjacent uses and creates a very strong impression of separation. The following buffer area, plantings and/or other structural screen are required per one hundred (100) linear feet. Minimum width of buffer yard area shall be forty (40) feet.
a.
Four (4) canopy trees.
b.
Four (4) understory trees.
c.
Five (5) evergreen trees.
d.
Twenty (20) shrubs.
e.
Six (6) foot solid wood fence, solid masonry/brick wall or solid evergreen hedge.
f.
As an option, the requirement for a six (6) foot fence, wall or evergreen hedge may be replaced with a three (3) foot earthen berm with required plantings and perennial ground cover sown on the berm.
F.
Maintenance of the buffer yard/screening shall be the responsibility of the following:
1.
The owner of the property on which the screening is located. If this option is chosen, it shall be so stated as a deed restriction placed on the property.
2.
A homeowners' association with the authority to collect dues in an amount sufficient to provide for such required maintenance. If this option is chosen, a copy of the homeowners' association bylaws must be filed with the Planning and Zoning Commission at the time of subdivision plat approval.
Section 400.760 Substitution of Smaller/Fewer Plantings.
[Ord. No. 020227 §1(8.9), 2-27-2002]
The number and size of plantings required by this Article may be reduced upon the approval of the Planning and Zoning Commission where the applicant establishes that the location of driveways or the physical characteristics of the property would not allow the plantings required.
Section 400.770 Street Trees and Park Trees Regulations.
[Ord. No. 020227 §1(8.10), 2-27-2002]
A.
Definitions. "Street trees" are herein defined as trees, shrubs, bushes and all other woody vegetation on land lying within right-of-way lines on either side of all City streets, avenues or ways within the City. "Park trees" are herein defined as trees, shrubs, bushes and all other woody vegetation in public parks having individual names and all areas owned by the City or to which the public have free access as a park.
B.
Planting Space Requirements For Street Trees. Any tree planted within the right-of-way lines on either side of all City streets, avenues or ways within the City shall be spaced or planting in accordance with the following:
1.
Spacing of street trees will be in accordance with the three (3) size classes as defined in Section 400.720(5) for canopy, understory and ornamental trees. No street trees shall be planted closer together than the following:
3.
No street tree shall be planted closer than twenty-five (25) feet of any street corner, measured from the point of nearest intersecting curbs. No street tree shall be planted closer than ten (10) feet of any fireplug.
4.
No street trees, other than species listed as ornamental trees, may be planted under or within ten (10) lateral feet of any overhead utility wire.
C.
City Authority.
1.
The City shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the right-of-way line of all City streets, alleys, avenues, lanes, squares and public grounds as may be necessary to insure public safety or to preserve or enhance the symmetry and beauty of such public grounds. The Tree Board may remove or cause or order to be removed, from right-of-way, any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to channels, sewers, electric power lines, gas lines, water lines or other improvements or is affected with any injurious fungus, insect or other pest.
2.
The City shall have the right to cause the removal of any dead or disease trees, tree limbs or branches on public property within the City, when such trees constitute a hazard to health, safety, welfare or property or harbor insects or disease which constitutes a potential threat to other trees or plant life within the City.
3.
It shall be unlawful for any person to prevent, delay or interfere with the Tree Board or any of its agents, while engaging in and about the planting, cultivating, mulching, pruning, spraying or removing of any street trees or park trees as authorized in this Chapter.
D.
Tree Topping Prohibited. It shall be unlawful as a normal practice for any person, firm or City department to top any street tree, park tree or other tree on public property. "Topping" is defined as the severe cutting back of limbs to stubs larger than three (3) inches in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this provision at the determination of the Tree Board.