(A) Screening.
(1) Definition. “Screening” is a type of buffer that is designed to block or obscure a particular element, or use from view.
(2) Purpose. The purpose of screening is to minimize if not eliminate entirely the visual impact of potentially unsightly open storage areas and refuse disposal facilities.
(3) Where required. Screening specified by this section shall be required of all open storage areas visible from any public street, including boats, trailers, building materials, appliances, container- sized trash, salvage materials and similar unenclosed uses.
(4) Type required. Screening shall be accomplished by an opaque divide not less than six feet high. Screening may be accomplished by the use of sight obscuring plant materials (generally evergreens), earth berms, walls, fences, building parapets, proper siting of disruptive elements, building placement or other design techniques approved by the Building Official.
(B) Landscaping.
(1) Definition. Landscaping is a type of open space permanently devoted and maintained for the growing of shrubbery, grass, other plants and decorative features to the land.
(2) Purpose. The purpose of landscaping is to improve the appearance of vehicular use areas and property abutting public rights-of-way; to protect, preserve and promote the aesthetic appeal, scenic beauty, character and value of land in the city; to promote public health and safety through the reduction of noise pollution, storm water run off, air pollution, visual pollution and artificial light glare.
(3) Where required. No proposed multi-family or non-residential use shall hereafter be established and subsequently used unless landscaping is provided in accord with the provisions of this section. No existing building, structure or vehicular use area shall be expanded or enlarged unless the minimum landscaping required by the provisions of this section is provided to the extent of the alteration or expansion. Landscaping is not required for existing uses.
(4) Landscaping plan. A landscaping plan shall be submitted as part of the application for a building permit. The plan shall:
(a) Designate areas to be reserved for landscaping. The specific design of landscaping shall be sensitive to the physical and design characteristics of the site.
(b) Indicate the location and dimensions of landscaped areas, plant materials, decorative features, and the like.
(c) Identify all existing trees 12 inches DBH (diameter breast high) in required setback (yard) areas.
(5) Landscaping requirements. Required landscaping shall be provided as follows:
(a) Along the outer perimeter of a lot or parcel, where required by the buffer area provisions of this chapter, to separate incompatible land uses. The amount specified shall be as prescribed by § 152.095.
(b) Within the interior, peninsula or island type landscaped areas shall be provided for any open vehicular use area containing 20 or more parking spaces. Landscaped areas shall be located in a manner as to divide and break up the expanse of paving and at strategic points to guide travel flow and directions. Elsewhere, landscaped areas shall be designed to soften and complement the building site.
(c) At a minimum, interior lot landscaping shall be provided in the following amounts:
1. Institutional uses shall have 20% of the interior lot landscaped.
2. Industrial/wholesale/storage uses shall have 5% of the interior lot landscaped.
3. Office uses shall have 10% of the interior lot landscaped.
4. Commercial/retail/service uses shall have 8% of the interior lot landscaped.
(d) Buffer area landscaping may provide up to 50% of the above requirement. Landscaping along exterior building walls and structures is suggested to separate with greenery the building from the vehicular surface area.
(6) Landscaped areas.
(a) All landscaped areas in or adjacent to parking areas shall be protected from vehicular damage by a raised concrete curb or an equivalent barrier of six inches in height. The barrier need not be continuous.
(b) Landscaped areas must be at least 25 square feet in size and a minimum of three feet wide to qualify.
(c) Landscaped areas adjacent to parking spaces shall be landscaped so that no plant material greater than 12 inches in height is located within two feet of the curb or other protective barrier. Plant material greater than 12 inches in height would be damaged by the automobile bumper overhang or by doors swinging open over the landscaped area.
(7) Required maintenance. The maintenance of required landscaped areas shall be the responsibility of the property owner. All areas shall be properly maintained so as to assure their survival and aesthetic value, and shall be provided with an irrigation system or a readily available water supply. Failure to monitor the areas is a violation of this chapter, and may be remedied in the manner prescribed for other violations.
(C) Common open space.
(1) Definition. Common open space is land and/or water bodies used for recreation, amenity or buffer. It shall be freely accessible to all residents of a development, where required by this chapter. Open space shall not be occupied by buildings or structures, roads, parking or road right-of-way; nor shall it include the yards or lots of residential dwelling units required to meet minimum lot area or parking area requirements.
(2) Purpose. The purpose of this section is to ensure adequate open space for high density residential development; to integrate recreation, landscaping, greenery and/or natural areas into the projects; to promote the health and safety of residents of the projects; and to compensate for the loss of
open space inherent in single-family residential projects.
(3) Where required.
(a) The following uses/projects consisting of nine or more units shall provide open space and/or landscaping in the amounts prescribed:
1. Cluster developments, 15%.
2. Townhouse projects, 15%.
3. Mobile home parks, 15%.
4. Multi-family projects, 20%.
(b) Landscaped open areas provided to meet the requirements of division (B) above may be applied toward meeting the above requirements if held in common ownership.
(c) No new development, building or structure in connection with the above shall hereinafter be erected or used unless common open space is provided in accord with the provisions of this section.
(d) No existing development, building or structure in connection with the above shall be expanded or enlarged unless the minimum common open space required by the provisions of this section are provided to the extent of the alteration or expansion.
(4) Common open space plan. Proposed uses/projects set forth in division (C)(3) above shall submit an open space or landscaping plan as part of the application for a building permit. The plan shall:
(a) Designate areas shall be reserved as open space. The specific design of open space shall be sensitive to the physical and design characteristics of the site.
(b) Designate the type of open space which will be provided, and indicate the location of plant materials, decorative features, recreational facilities, and the like.
(c) Specify the manner in which common open space shall be perpetuated, maintained and administered.
(5) Types of common open space; required maintenance. The types of common open space which may be provided to satisfy the requirements of this chapter together with the maintenance required for each are as follows:
(a) Natural areas are areas of undisturbed vegetation or areas replanted with vegetation after construction. Woodlands and wetlands are specific types of natural areas. Maintenance is limited to removal of litter, dead trees, plant materials and brush. Natural water courses are to be maintained as free-flowing and devoid of debris. Stream channels shall be maintained so as not to alter floodplain
levels.
(b) Recreation areas are designed for specific active recreational uses such as tot lots, tennis courts, swimming pools, ballfields and similar uses. Recreational areas shall be accessible to all residents of the development. Maintenance is limited to ensuring that there exists no hazards, nuisances or unhealthy conditions.
(c) Greenways are linear green belts linking residential areas with other open space areas. These greenways may contain bicycle paths, footpaths, and bridle paths. Connecting greenways between residences and recreational areas are encouraged. Maintenance is limited to a minimum of removal and avoidance of hazards, nuisances or unhealthy conditions.
(d) Landscaped areas, lawns and required buffer areas including creative landscaped areas, with gravel and tile, so long as the tile does not occupy more than 2% of the required open space. Lawns, with or without trees and shrubs shall be watered regularly to ensure survival, and mowed regularly, to ensure neatness. Landscaped areas shall be trimmed, cleaned and weeded regularly.
(6) Preservation of open space.
(a) Land designated as common open space may not be separately sold, subdivided or developed open space areas shall be maintained so that their use and enjoyment as open space are not diminished or destroyed. Open space areas may be owned, preserved and maintained as required by this section by any of the following mechanisms or combinations thereof:
1. Dedication of and acceptance by the city;
2. Common ownership of the open space by a homeowner’s association which assumes full responsibility for its maintenance; or
3. Deed restricted, private ownership which shall prevent development and/or subsequent subdivision of the open space land and provide the maintenance.
(b) In the event that any private owner of open space fails to maintain same, the city may in accordance with the open space plan and following reasonable notice, demand that deficiency of maintenance be corrected, and enter the open space to maintain same.
(c) The cost of the maintenance shall be charged to those persons having the primary responsibility for maintenance of the open space.
(D) Tree protection.
(1) Purpose. The purpose of this section is to prevent the clear cutting of building sites, a practice which destroys the balance of nature, leads to sedimentation and erosion, contributes to air and water pollution and unnecessarily robs the community of valuable natural resources.
(2) Existing trees.
(a) Because any healthy tree greater than 12 inches DBH (Diameter Breast High) is a valuable natural resource, by virtue of its age and size and its contribution to the environment, all trees meeting this measurement shall be protected to the extent practical and feasible.
(b) All existing trees measuring 12 inches DBH or more, not in the proposed buildable area or driveway, shall be flagged and shown on the required plat or site plan for a building permit.
(c) No more than 25% of the trees shall be felled and removed, except by order of the Board of Zoning and Housing Appeals owing to unique circumstances surrounding the development of the property.
(d) Where, due to unusual topographic conditions or circumstances peculiar to a given site, more than 25% of the trees to be preserved must be felled, replacement trees measuring not less than two inches DBH shall be planted in like number. To the extent possible, the trees shall be integrated into the required landscaping.
(3) Development precautions.
(a) After the necessary permit approvals have been granted, and before any site work has begun, the developer shall cause protected trees to be marked with surveyor’s flagging.
(b) During development, a minimum protective zone, marked by barriers, shall be established (erected) at the “drip line” and maintained around all trees to be retained as required by this section.
(c) There shall be no construction, paving, grading or vehicles, or storage of materials within this protected zone.
(Ord. 94-06-01, passed 6-14-94; Am. Ord. 05-02-03, passed 2-15-05)
Cross-reference:
Landscaping and Screening, see Appendix F