The purpose of this section is to promote and protect the safety and welfare of the public through requirements for landscaping and shading which prevent soil erosion, improve air and water quality and enhance and preserve the beauty and appearance of the environment..
1. Applicability. The provisions of this section shall apply to all new landscaping and trees planted or installed within the City in conjunction with new construction, reconstruction or structural alteration projects of a building, parking area, or subdivision after the effective date of this section.
2. Conformance Required. It is unlawful, after the effective date of this section†, within all projects or developments in R-7, Commercial and Industrial Districts requiring a building permit, site plan approval, or subdivision approval by the City, to install, construct, or plant any landscaping except in conformance with the provisions hereof.
3. Goals and Objectives. The Planning and Zoning Commission shall take into consideration the following goals and objectives, as well as the specific criteria enumerated. When reviewing a landscape plan, the Commission shall approve the plan if it finds and determines that:
A. The plan provides visual, noise and access screening between conflicting land uses.
B. The plan takes into account and does not inhibit the exercise of solar access rights of neighboring properties.
C. The plan tends to decrease soil erosion.
D. The plan does not interfere with any line of sight for vehicular drivers entering or leaving the site.
E. The plan enhances the architecture of the property, e.g., the landscaping tends to break up large expanses of wall and other structure(s).
F. The plan facilitates the movement of pedestrians and vehicles on the site and integrates with and helps to conceal parking facilities on the site.
G. The plan utilizes and preserves existing and native vegetation to the greatest degree possible.
H. The plan does not place an unreasonable burden on the City water system and supply.
I. The plan retains all existing trees 18 inches in diameter or more unless the retention of such trees would unreasonably burden the development.
J. The plan exhibits plant diversity to reduce the effects of diseases and to create a more natural appearance.
4. Landscaping and Shading Requirements. All landscape plans submitted shall meet the following requirements prior to approval:
A. All disturbed areas on the site shall be re-vegetated or landscaped in a manner as approved by the Planning and Zoning Commission.
B. All on-site areas prone to soil erosion shall be defined on the landscape plan and shall be controlled through landscaping.
C. If requested by the City, details must be submitted which show that no proposed landscaping plan shall cause interference with adjacent property owners’ solar access rights.
D. The landscape plan shall only propose plantings or construction which do not interfere with the sight line of drivers entering or leaving the site.
E. Where deemed necessary by the Planning and Zoning Commission, the plan must provide for visual and noise screening between lots or parcels and abutting streets or thoroughfares. In making their decision, the Planning and Zoning Commission will take into consideration the types of land uses on the abutting lots or parcels.
F. The plan must provide for transitional yards where required. See Section 165.23(6).
G. Trees shall be placed to avoid interference with the construction, maintenance and operation of public and private utilities and services above or below ground as determined by the utility companies and the City Engineer.
H. It shall be the responsibility of the owner of a lot to maintain and replace, if necessary, trees required by these provisions after their planting. Any trees on private property which overhang the public right-of-way shall be maintained in accordance with City provisions. Maintenance of trees within street rights-of-way shall be the responsibility of the property owner. Trees located as per this subsection shall be maintained in accordance with Chapter 151 of this Code of Ordinances.
I. Each tree planted shall be deemed to cover two hundred (200) square feet for purposes of this chapter. Each tree shall be at least eight (8) feet tall and have a diameter at breast height of at least two (2) inches.
J. Where fractional numbers of trees result, the number of trees required shall be rounded up to the closest whole number.
K. Evergreen trees, required for screening purposes in accordance with the provisions of 165.23(6), Transitional Yards, and 165.30 to 165.36, Off-Street Parking Requirements, may be used to satisfy the requirements of the tree regulations provided they are of a variety suitable for screening purposes, as listed in Appendix A, and are allowed to grow to their mature height.
L. References to “large” or “small” trees in subsequent paragraphs refer to the mature height as suggested in the “Suggested Tree Planting List” in Appendix A.
M. Existing on-site trees may be used to comply with the requirements of the tree regulations.
5. Subdivision Landscape and Shade Requirements.
A. Landscaping. In R-1, R-3, and R-5 Zone Districts there are no landscape or shade requirements. Landscaping shall be done on a lot by lot basis in accordance with site plan requirements in R-7, C-ORS, C-2, C-3, C-4, C-R, C-WH, I-1 and I-2 Zone Districts. In the R-MH Zone District, refer to Section 147.09, Soil and Ground Cover Requirements.
B. Screening. When undeveloped land is subdivided and undeveloped lots only are sold, the subdivider shall not be required to install any screening. Screening shall be required, if at all, only when the lots are developed, and shall be the responsibility of the developer of the lot.
C. Shading.
(1) Along both ides of all newly created streets in all R-7, C-ORS, C-2 and C-R Zone Districts that are constructed in accordance with the public street standards set forth in Section 165.58(1) and the SUDAS Standards there shall either be planted or retained sufficient trees so that between the paved portion of the street and a line running parallel to and 50 feet from the centerline of the street, there is for every 40 feet of street frontage at least an average of one deciduous tree that has or will have when fully mature a trunk at least 12 inches in diameter.
a. When trees are planted pursuant to this section, the developer shall choose trees that meet the standards set forth in Chapter 165 Appendix A.
b. Trees planted in the right of way shall be located distance from curbs, sidewalks and intersections in accordance with the planting guidelines in Chapter 165 Appendix A
.6. Site Plan Landscape and Shade Requirements.
A. Landscaping.
(1) In R-1, R-3 and R-5 Zone Districts there are no landscape or site plan requirements
(2) The following minimum percentages of lot or site area shall be placed in approved landscaping
a. In R-7 or PUD Zone Districts with a multiple-family dwelling of three or more units, a minimum of fifteen percent (15%) of the area of the lot shall be provided as open space. Such open space shall be provided on the ground and shall not include any of the required yard areas, nor any area provided for off-street parking or loading, nor any area in streets or drives. One-third (1/3) of the total landscaped area shall be planted with trees.
b. In C-ORS, C-2, C-3, C-4, C-R, C-WH, I-1 and I-2 Districts: ten percent (10%). One-third (1/3) of the total landscaped area shall be planted with trees. The landscaped area shall be any area that is not covered by buildings, parking areas or driveways.
b. In C-ORS, C-2, C-3, C-4, C-R, C-WH, I-1 and I-2 Districts: ten percent (10%). One-third (1/3) of the total landscaped area shall be planted with trees. The landscaped area shall be any area that is not covered by buildings, parking areas or driveways.
B. Screening.
(1) Transitional yards when required shall be provided in accordance with Section 165.23(6).
(2) Any plan containing an outdoor storage area will provide visual and noise screening between adjacent lots or parcels and streets or thoroughfares.
C. Shading.
(1) Trees are required to be planted along the streets in all R-7, C-ORS, C-2 and C-R Zone Districts in accordance with the provisions of Section 165.47(5)(C) and above.
(2) Trees are required to be planted in all parking facilities with a capacity larger than forty (40) vehicles with more than two (2) aisles. The landscape plan must provide for interior plantings in order to provide shade and break up the expanse of hard-surfaced area. Interior landscaping shall be a minimum of five percent (5%) of the total parking area and, one tree is required for each 200 square feet of interior landscaping. This subsection does not abrogate the parking requirements as stated in any other part of this Code.
(Section 165.47 - Ord. 950 – Apr. 21 Supp.)