§ 151.226  LANDSCAPE AND SCREENING REQUIREMENTS.
   (A)   Intent.
      (1)   The requirements set forth in this section are intended to qualify and supplement the district regulations.  Landscaping requirements shall be provided for an improved aesthetic quality of development, a visual barrier to partially or completely screen the view of structures or activities or as an acoustic screen to aid in absorbing or deflecting noise.
      (2)   Landscape plans and requirements shall apply to all developments:
         (a)   In the R-4, O, CBD, OP, BP, PUD and all “B” zoning districts;
         (b)   In “M” zoning districts fronting an arterial street (front and corner side yard only);
         (c)   Requiring a development plan;
         (d)   Requiring parking lot landscaping; and
         (e)   When specified by this chapter.
   (B)   Landscape plan.
      (1)   A landscape plan must be submitted to the Planning and Zoning Office for approval.  The plan may be submitted and approved following the issuance of a zoning clearance/building permit, however, a specified date for submission shall be agreed upon in writing at the time the zoning clearance permit is issued.  Staff may also require that a bond be filed for all required landscape improvements.  This plan shall be drawn to scale and include the following information:
         (a)   Property owner’s name, address and telephone number;
         (b)   Landscape designer’s and/or contractor’s name, address and telephone number, if such has been hired;
         (c)   Existing and proposed structures;
         (d)   Parking areas and driveways;
         (e)   Walkways;
         (f)   Location of existing trees or wooded areas (showing trees over 8 caliper inches diameter at breast height (d.b.h.); tree groupings may be shown as a mass with a general range of tree sizes);  (Plan shall indicate those existing trees or wooded areas that will be preserved.)
         (g)   General type (evergreen, deciduous, shade or ornamental tree, shrub, hedge, groundcover and the like), location, size at planting or placement and number of all plant material to be installed; and
         (h)   Type and location of all other landscape materials, both natural and man-made.
      (2)   The planning staff may request other information as may be deemed necessary for review and approval of the landscape plan.
   (C)   Areas to be landscaped.
      (1)   (a)   All areas within the development portion of a lot not occupied by buildings, parking and other paved areas and permanent water features shall be landscaped and maintained.  Within a front or corner side yard, landscaping shall consist of any combination of canopy and/or ornamental trees, shrubs and ground cover with:
            1.   At least 1 canopy or ornamental tree per 4,000 square feet of yard area for the first 25,000 square feet; and
            2.   One additional canopy or ornamental tree per 6,000 square feet of yard area above 25,000 square feet.
         (b)   Within “M” zoning districts these requirements shall be limited to those yards fronting on arterial streets.
         (c)   Those streets designated as arterial streets shall include the functional classification map housed at the Department of Public Works and Utilities:  Baldwin Street, Beardsley Avenue, Beham Avenue, Bristol Street, Bypass Road, California Road, Cassopolis Street, County Road 1, County Road 3, County Road 4, County Road 5, County Road 6, County Road 7, County Road 9, County Road 10, County Road 11, County Road 12, County Road 13, County Road 15, County Road 17, County Road 20, Edwardsburg Avenue, Elkhart Avenue, Franklin Street, Goshen Avenue, Jackson Boulevard, Jefferson Street, Johnson Street, Hammond Avenue, Harrison Street, High Street, Hively Avenue, Indiana Avenue, Jeanwood Drive, John Weaver Parkway, Johnson Street, Lexington Avenue, Lusher Avenue, Main Street, MacDonald Street, Marion Street, Michigan Street, Middlebury Street, Middleton Run Road, Mishawaka Road, Mishawaka Street, Nappanee Street, Oakland Avenue, Old US 20, Osolo Road, Prairie Street, Richmond Street, Second Street, State Road 19, State Road 120, Sterling Avenue, Third Street, Tipton Street, Toledo Road, Vistula Street, Washington Street and Waterfall Drive.
      (2)   Areas as described in the zoning district regulations.
      (3)   Parking areas shall be screened according to § 151.231(C)(1) of this chapter.
      (4)   Roadway right-of-ways shall be landscaped with grass and trees as per city standards. No walls, fences, signs or hedges shall be permitted in a right-of-way without the approval of the Board of Public Works.  Landscaping shall not impede visual clearance according to § 151.229 of this chapter.
      (5)   Retention ponds located in front yards or other areas visible to the public, either from within the site or from the street, shall be free-form (curvilinear) in shape and incorporated into the overall landscape design for the site. Architectural shapes consistent with the site and building design may be used with the approval of the planning staff.
      (6)   All dumpsters visible from public right-of-ways or an adjacent property shall be screened on at least three sides with an opaque wall or fence that is architecturally compatible with the primary facility on the property consisting of the same material and color scheme as is found on the majority of the exterior of the primary structure on the property.  In addition, gates shall be provided if dumpsters are visible from the public right-of-way, an adjacent property, or areas of the site open to the public.  Gates shall consist of an opaque material, and shall not be constructed of chain link with tinted slats or other weaved material.
      (7)   Storage areas for materials, equipment and vehicles shall be located behind the front or corner side building  facade.  All storage areas located on properties containing business uses(s) that are visible from the property line shall be screened. The screening material shall be 100% opaque and shall include fencing, retaining walls, plant material or a combination thereof.  In addition, loading docks and mechanical equipment shall be screened from public view.
   (D)   Landscape materials.  Landscaping materials selected shall be appropriate to local growing and climatic conditions.  Wherever possible, existing trees should be conserved and integrated into the landscaping plan.  Landscape materials may be used in any combination unless otherwise specified and include the following:
      (1)   Plant material.
         (a)   Trees or existing wooded areas. Minimum sizes are:
            1.   Deciduous canopy trees:  2-1/2” d.b.h.
            2.   Ornamental trees:  2” d.b.h.
            3.   Evergreen trees:  6’ in height.
         (b)   Shrubs or hedges;  (Shrubs shall have a minimum height of 24 inches unless otherwise specified.)
         (c)   Ground cover, including grass; and
         (d)   Vines.
      (2)   Other landscape materials.
         (a)   Boulders, rocks or mulch (including stone, pebbles, sand or bark) limited to walks, paths, seating areas, planting beds and around individual plants;  (When used in planting beds or around individual trees shall not exceed 20% of the total square footage of the landscaped area.)
         (b)   Berms;
         (c)   Lakes, ponds, streams or fountains\;
         (d)   Ornamental fences or masonry walls, architecturally compatible with surrounding development; and
         (e)   Patios, decks, trellises and other similar landscape features.
      (3)   Prohibited species.
Large Shade Trees
Botanic Name
Common Name
Primary issue/Concern
Large Shade Trees
Botanic Name
Common Name
Primary issue/Concern
Acer negundo
Box Elder
Susceptible to Asian Longhorn Beetle
Acer nigrum
Black Maple
Susceptible to Asian Longhorn Beetle
Acer platanoides
Norway Maple
Susceptible to Asian Longhorn Beetle, general decline
Acer saccharinum
Silver Maple
Susceptible to Asian Longhorn Beetle, weak branches
Aesculus flava
Yellow Buckeye
Susceptible to Asian Longhorn Beetle
Aesculus glabra
Ohio Buckeye
Susceptible to Asian Longhorn Beetle
Aesculus hippocastanum1
Common Horsechestnut
Susceptible to Asian Longhorn Beetle
Ailanthus altissima
Tree of Heaven
DNR invasive list
Betula papyrifera
Paper Birch
Susceptible to Asian Longhorn Beetle
Betula populifolia
Grey Birch
Susceptible to Asian Longhorn Beetle
Chionanthus retusus
White Fringetree
Susceptible to Emerald Ash Borer
Chionanthus virginicus
Chinese Fringetree
Susceptible to Emerald Ash Borer
Diospyros virginiana
Persimmon
Messy fruit
Elaegnus angustifolia
Russian Olive
Invasive
Elaegnus umbellata
Autumn Olive
DNR invasive list
Fraxinus spp.
White, Green, Black Ash
Susceptible to Emerald Ash Borer
Ginkgo biloba2
Ginkgo
Messy fruit
Lonicera spp.
Honeysuckle
Invasive
Maclura pomifera
Osage orange/Hedge apple
Large fruit
Malus spp.3
Apples
Messy fruit
Morus spp.
Mulberry
Messy fruit, invasive
Populus deltoides
Cottonwood
Large leaf litter, pollen allergy
Pyrus spp.
Pears (including ornamentals)
Messy fruit, weak branches
Rhamnus cathartica
Common Buckthorn
Invasive
Rhamnus frangula
European Buckthorn
Invasive
Robinia spp.
Black locust
Invasive
Salix alba
White Willow
Susceptible to Asian Longhorn Beetle
Salix alba x matsudana
Hybrid Austree
Fast growing, weak limbs
Salix babylonica
Weeping Willow
Susceptible to Asian Longhorn Beetle
Salix nigra
Black Willow
Susceptible to Asian Longhorn Beetle
Tilia cordata
Littleleaf Linden
Susceptible to Japanese Beetles
Ulmus spp.4
Elms
Susceptible to Dutch Elm Disease; Asian Longhorn Beetle
Shrubs
Botanic Name
Common Name
Primary Issue/Concern
Euonymus alatus
Burning Bush
Invasive
Berberis vulgaris
European Barberry
Invasive, thorny
Berberis thunbergii
Japanese Barberry
Invasive, thorny
1  Excluding Aesculus x carnea 'Briotii'
2  Including all female varieties; excluding male varieties such as G. biloba 'Colonnade', 'Halka', 'The President', 'Autumn Gold', and 'Princeton Sentry'
3  Excluding crabapples or ornamental types that don't produce large fruit
4  Excluding hybrids and cultivars with excellent resistance to Dutch Elm Disease and phloem necrosis
 
   (E)   Landscaping installation and maintenance.
      (1)   All landscaped areas shall be maintained to the standard to which they were designed and installed.  Areas shall be maintained free of trash and weeds and shall not deteriorate into an unsafe condition.
      (2)   Whenever landscape screening is required adjacent to parking areas or driveways, such landscaping shall be protected by bumper blocks, posts or curbing to avoid damage to landscaping by vehicles.
      (3)   All approved landscaping plans shall be installed during the first planting season after the start of any construction in the development, unless otherwise required by the Planning and Zoning Office.
   (F)   Figures.  Pursuant to Ord. 4762, passed 8-1-2003 the following figures are hereby incorporated by reference as if fully set forth herein:
      (1)   Figure 26A; and
      (2)   Figure 26B.
(1979 Code, § 151.186)  (Ord. 4370, passed 7-20-1998; Am. Ord. 4683, passed 7-1-2002; Am. Ord. 4762, passed 8-1-2003; Am. Ord. 5618, passed 9-11-2017)  Penalty, see § 151.999