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Indian Hills, KY Code of Ordinances
INDIAN HILLS, KENTUCKY CODE OF ORDINANCES
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
CHAPTER 150: GENERAL PROVISIONS
CHAPTER 151: BUILDING REGULATIONS
CHAPTER 152: BUILDING PERMITS
CHAPTER 153: STREETS, SIDEWALKS, AND DRIVEWAYS
CHAPTER 154: OUTDOOR STRUCTURES
CHAPTER 155: LAND DEVELOPMENT CODE
CHAPTER 156: EROSION PREVENTION AND SEDIMENT CONTROL
CHAPTER 157: PORTABLE STORAGE CONTAINERS
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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§ 155.125 TREE PRESERVATION PLAN REQUIREMENT.
   (A)   (1)   All applicants for development proposals which seek credit for existing tree canopy to attain the minimum canopy coverage specified in this section shall submit a tree canopy preservation plan. All tree preservation, tree canopy protection, and woodland protection areas shall be in accordance with the Tree Preservation Policies of Louisville Metro Planning and Design Services.
      (2)   Note: Refer to § 155.172 for requirements relating to tree protection during construction.
   (B)   The content of such a plan is dependent upon the means by which the existing tree canopy is to be calculated as follows.
      (1)   If no ground checking is used to determine the existing tree canopy, then the plan shall depict the location of existing stands of trees on the site and adjacent public rights-of-way that are proposed to be retained and those that are proposed to be removed, if any.
      (2)   If ground checking is used to determine the existing tree canopy, then the plan shall depict the location, species, and size (caliper) of any individual existing tree that is proposed to be retained to meet the requirements of this section. The location of existing stands of trees on the site that are proposed to be retained and those that are proposed to be removed shall also be provided.
      (3)   (a)   Tree canopy preservation areas (TCPA) are those areas where tree preservation has been provided to meet the tree canopy requirements of this section.
         (b)   The site shall be developed in accordance with the tree canopy preservation plan. The location of the TCPA boundary delineates the limit of disturbance associated with the TCPA. The limit of disturbance shall indicate the location of the tree protection fencing.
         (c)   1.   No clearing, grading, construction, or other land disturbing activity shall take place within the TCPA beyond pruning to improve the general health of the tree or to remove dead or declining trees that may pose a public health and safety threat. As trees are lost through natural causes, new trees shall be planted in order to maintain minimum tree canopy as specified in this subchapter.
            2.   Exception: Single-family residential development may remove trees from the TCPA as long as they are replaced with trees of a similar type (for example, A, B, or C).
         (d)   Location of structures and parking:
            1.   No structure shall be closer than 15 feet to the limit of disturbance (tree protection fence); and
            2.   No vehicle use area (VUA) shall be closer than ten feet to the limit of disturbance (tree protection fence).
         (e)   During all construction activity (includes clearing, grading, building construction, and VUA construction), a copy of the approved tree canopy preservation plan shall be on-site.
(LDC § 10.1.6) Penalty, see § 155.999
§ 155.126 LANDSCAPE/BUFFER CREDIT.
   Any existing trees on a site or street trees planted on an adjacent right-of-way that are used to meet the requirements of this section shall be credited towards fulfillment of any landscaping, screening, or buffering provisions of this subchapter.
(LDC § 10.1.7)
§ 155.127 WAIVERS.
   (A)   The Planning Commission shall have the authority to grant waivers or modifications of the tree canopy requirements contained in this subchapter in accordance with Chapter 11, Part 8 of the Land Development Code.
   (B)   The Planning Commission’s designee may waive the requirement for a public hearing and take action on requests for reduction of five or fewer trees or a reduction constituting less than 10% of the total tree canopy requirement, whichever is greater. Notice shall be sent in accordance with Chapter 11, Part 8 stating that a waiver request has been filed and that the Planning Commission’s designee may waive the public hearing requirements and take action on the request.
   (C)   In granting a waiver, the Planning Commission’s designee must find that:
      (1)   The waiver is in compliance with the Comprehensive Plan;
      (2)   The applicant made a good faith effort to provide as many trees as possible on the site, on the adjacent right-of-way, or on an alternative site as specified in the first table in § 155.124; and
      (3)   If there are other mitigating circumstances affecting this site which do not generally apply to sites developed for the same use and in the same form district.
(LDC § 10.1.8)
LANDSCAPE DESIGN
§ 155.140 RELATIONSHIP TO THE COMPREHENSIVE PLAN.
   The landscape design regulations proscribed by this section are intended to implement the following Cornerstone 2020 Comprehensive Plan Goals and Plan Elements.
 
Goals
Plan Elements
Community form goals C4; D4; E4; F4; G4; H4; J4
Livability strategy goal F2
Guidelines 1, 2, 3, 13
 
(LDC § 10.2.1)
§ 155.141 APPLICABILITY.
   (A)   New development. No site development, building, or structure shall hereafter be constructed nor vehicular use area (VUA) created unless landscaping is provided as required by the provisions of this subchapter. Any building, structure, or VUA that in its entirety is removed and reconstructed, or relocated to a new on-site location, shall be considered new development for purposes of this subchapter. Any VUA that in its entirety is changed from gravel, stone, or similar material to asphalt or concrete pavement shall be considered new development for purposes of this subchapter.
   (B)   Existing development. EXISTING DEVELOPMENT is subject to this subchapter as defined below:
      (1)   Any increase/expansion of an existing building/structure’s square footage by 20% or more;
      (2)   Any expansion of an existing VUA square footage by 20% or more or a change of 20% or more of VUA surface from gravel, stone, or similar material to asphalt or concrete pavement (semi-pervious pavers exempted); and
      (3)   Any increase in the combined square footage of building/structure and VUA (as described in division (B)(2) above) of 20% or more of the combined square footage.
   (C)   Improvements. When such improvements are made, the following landscape provisions shall be required.
      (1)   Expansion by greater than 20% and less than 50%. Only the area of new improvements shall be subject to the requirements of this subchapter.
      (2)   Expansion by 50% or greater. The entire site shall be subject to the requirements of this subchapter.
   (D)   Small sites (development which in its entirety occupies a site measuring no more than 10,000 square feet).
      (1)   Expansion by greater than 20% and less than 50%. No landscaping required.
      (2)   Expansion by greater than 50%. Only the area of new improvements shall be subject to the requirements of this subchapter.
   (E)   Change of use. Change in the use of property, from a use not required to provide landscaping and buffering to a use that is regulated by this part, shall necessitate the provision of landscaping and buffering as required by this subchapter.
   (F)   Non-conformance.
      (1)   No changes shall be made to sites that do not conform to this section that would increase the non-conformance with this subchapter. Existing landscape buffer areas, screening, and plant material on non-conforming sites that partially meet the requirements of this subchapter shall be retained.
      (2)   Planting and buffering required in this subchapter can count towards requirements in other sections of this regulation. However, compliance with §§ 155.140 through 155.154 does not substitute for compliance with other applicable sections of this regulation.
(LDC § 10.2.2)
§ 155.142 LANDSCAPE BUFFER AREA REQUIREMENTS.
   (A)   Landscape buffer areas minimize the potential for nuisances created when zoning districts or land uses of varying intensities abut, and shall be required for all new construction subject to these regulations. Landscape buffer area requirements shall be applied along property or right-of-way lines and at the perimeter of vehicular use areas. Landscape buffer areas shall also be applied adjacent to designated parkways and scenic corridors.
   (B)   Landscape buffer areas shall be provided on the site of the more intense use or zoning district except when the more intense use was present prior to the effective date of this regulation. When more than one landscape buffer area requirement applies, the more restrictive standards shall be used.
(LDC § 10.2.3)
§ 155.143 PROPERTY PERIMETER LANDSCAPE BUFFER AREAS.
   (A)   General requirements.
      (1)   Property perimeter landscape buffer areas shall be applied along all property boundaries of sites affected by this subchapter except for those boundaries adjacent to streets.
      (2)   Zoning districts and their associated land uses have been grouped into the following five intensity classes for the purpose of applying property perimeter landscape buffer area requirements; refer to the table below.
Intensity Classes and Zoning Districts
 
Intensity Class
Zoning Districts
1
R-R, R-E, R-1, R-2, R-3, R-4, R-5, PRD, R-5B, PVD, PD (single-family residential use)
2
R-5A, R-6, R-7, U-N, TNZD, institutional uses, PD (multi-family residential use)
3
R-8A, OR, OR-1, OR-2, OR-3, OTF, C-R, W-1 (residential use), W-2 (residential use), PD (office use)
4
C-N, C-1, C-2, M-1, C-M, PTD, W-1 (commercial use), W-2 (commercial use), PD (commercial use), PEC (commercial use)1, PRO1
5
M-2, M-3, EZ-1, PD (industrial use), PEC (industrial uses), W-1 (industrial use), W-2 (industrial use), utility substations, landfills, treatment plants, or similar uses
1 These zoning districts have additional landscape and buffering requirements.
 
      (3)   CUP sites located in a residential zoning district shall provide buffering as per the requirements for uses permitted in the C-1 Zoning District, or alternative buffering and landscaping as
approved by the Board of Zoning Adjustment.
      (4)   Exceptions to the buffering requirements can be found in § 155.144.
      (5)   All development subject to this subchapter, as defined in § 155.141, shall provide landscape buffer areas and plantings as defined in the tables below. Associated with each landscape buffer area requirement is a planting density requirement. The planting density requirement indicates the minimum amount of landscape material to be provided within each landscape buffer area to ensure an appropriate screen.
LBA Size and Planting Requirements
 
Intensity Class of Adjacent Site
Proposed Use
** Letter entries in this table reference the table below; numbers refer to requirements of the Planting Density and Screening table below.
 
Property Perimeter Landscape Buffer Areas
 
Landscape Buffer Area Type
Width Options (in feet)
Planting Density Multiplier2
A
51
2
B
101
1.5
C
151
1.5
D
251
1.5
1 This option is only available in the traditional neighborhood, traditional workplace, and traditional marketplace corridor form districts.
2 The planting density multiplier allows for a reduction in the size of landscape buffer areas with a provision of an increased number of trees to offset the reduction in buffer width. (A “2” multiplier requires twice the number of trees to be planted as required in the Planting Density and Screening table below.)
 
Planting Density and Screening
 
Planting Density Requirement Categories (per 100 linear feet)
2 large (Type A), medium (Type B), or small (Type C) tree plus 3-foot screen
2 large (Type A) or medium (Type B) trees plus 6-foot screen
3 large (Type A) or medium (Type B) (minimum 50% large (Type A)) trees plus 6-foot screen
3 large (Type A) or medium (Type B) (minimum 75% large (Type A)) trees plus 8-foot screen
Example: In the neighborhood form district, construction of a C-1 retail establishment (Intensity Class 4) is proposed adjacent to the R-4 district (Intensity Class 1). A “C.4” buffer is required. A 35-foot buffer strip, 8-foot screening fence, and 3 large trees per 100 feet of perimeter are required. The developer has the option of decreasing the buffer to 25 feet, and increasing the number of trees to 4.5 per 100 feet of common boundary with the R-4 property. If the site were in the traditional neighborhood form, the developer would have the option of a 15-foot buffer, with 4.5 trees per 100 feet.
 
   (B)   Explanatory text and exceptions.
      (1)   Property perimeter landscape buffer areas may contain walks, trails, or other similar elements; provided that the required plant material (as defined in § 155.144) is not eliminated and the landscape buffer area is at least 25 feet wide. Property perimeter landscape buffer areas shall be free from all other development including buildings, parking, driveways, or other structures except those attendant to public utility service within a dedicated easement. Outdoor storage or stockpiling of materials is not permitted within property perimeter landscape buffer areas.
      (2)   Utility easements (for example, drainage, sewer, gas/electric) are allowed to encroach into as much as 50% of the required width of property perimeter landscape buffer areas; provided the required screening can still be achieved and the design of such facilities is compatible with the purpose of the landscape buffer area. If work is required within the easements causing removal or damage of landscape materials (including any required fences, walls, or berms), the property owner shall be responsible for replacement of materials according to the approved landscape plan. Type C trees may be planted under overhead utility lines at a minimum spacing of one tree per 30 feet of lineal boundary with approval of utility company to meet perimeter tree planting requirement.
      (3)   The landscape material and buffer area required generally shall be provided by the property
owner of the higher intensity activity. If the higher intensity use is already developed and the landscape material and buffer area, required in §§ 155.120 through 155.127, 155.140 through 155.154, and 155.165 through 155.179 has not been provided, the lower intensity use shall provide the required landscaping. If the requirements of this subchapter have been fully complied with on an adjoining property, the property owner is not required to duplicate them along the common boundary.
      (4)   Property perimeter landscape buffer area requirements for schools, fire stations, and other similar community facilities structures shall be determined, as part of a community facility review, and will be based on the form district, size (square feet), height, and location relative to adjacent land uses.
      (5)   Private schools and churches are to be considered the same as Intensity Class 3 for the purposes of screening in accordance with this subchapter.
      (6)   Sites with a conditional use permit that are located in a residential zoning district shall be considered the same as a C-1 commercial use for the purposes of application of §§ 155.120 through 155.127, 155.140 through 155.154, and 155.165 through 155.179. Sites located in non-residential districts will follow the landscaping requirements for the zoning district that they are in, unless the Board of Zoning Adjustment deems a different classification is appropriate.
      (7)   Screens specified in the Planting Density and Screening table in division (A)(5) above shall consist of shrubs, fences, berms, or walls, individually or in combination, that meet the requirements outlined in §§ 155.165 through 155.179. Evergreen tree plantings can be substituted for landscape material specified in the Planting Density and Screening table, placement, and species to be approved by the Planning Commission staff to ensure an effective screen. The planting density multiplier (Property Perimeter Landscape Buffer Areas table in division (A)(5) above) does not apply to the minimum screen height established in the Planting Density and Screening table.
      (8)   In the PEC and PRO zoning districts (except for C-1 uses in the City of Jeffersontown): Unless a larger landscape buffer area is required, a 15-foot wide landscape buffer area shall be maintained at all side and rear property lines. The landscape strip shall be planted with a number of large (Type A) or medium (Type B) trees equal to one tree per 75 lineal feet of boundary. Trees do not have to be evenly spaced; instead, tree placement should be based on site characteristics and compatibility with other landscaping.
      (9)   Property perimeter landscape buffer areas, unless specifically prohibited, may also count toward other yard, or setback requirements found elsewhere in these regulations. Property perimeter landscape buffer areas may count towards open space requirements in accordance with Chapter 10, Part 5.
      (10)   Cellular towers are considered the same as utility substations for the purposes of screening in accordance with this subchapter.
      (11)   Exceptions to landscape buffer area requirements are as follows.
         (a)   Property perimeter landscape buffer areas are not required in the downtown form district.
         (b)   Property perimeter landscape buffer areas separating differing land uses within a planned development zoning district shall not be required to meet the standards set forth in this subchapter but shall adhere to the approved master plan for each development.
         (c)   Landscape buffer area requirements are waived when a property boundary separates shared parking (as defined in Chapter 9) and may be reduced to Type A between parking when adjoining zoning districts are no more than one intensity category apart.
         (d)   If property in Intensity Class 2 is developed as patio or town homes with a maximum of six units per building and no more than two stories, six foot high screening of adjacent single-family
property is not required. (Landscaping for attached housing using the ADI regulations can be found in Chapter 4, Part 5.)
         (e)   When offsite buffering and plantings exist on adjoining property, they may be applied toward the sites landscape buffer planting Type A in division (B)(11)(c) above which refers to landscape buffer area in the Property Perimeter Landscape Buffer Areas table in division (A)(5) above.
         (f)   Perimeter property landscape buffers are not required between a multi-family residential zone and a single-family residential zone when the multi-family residential property is developed as a single-family residential use.
   (C)   (1)   (a)   Step 1. Determine intensity class for the proposed use and adjacent sites.
         (b)   Step 2. Based on intensity class of proposed and adjacent uses, determine applicable entries in the tables above.
         (c)   Step 3. Select buffer yard width option and associated planting multiplier.
         (d)   Step 4. Identify required plantings and screening.
      (2)   Appendix 10A classifies tree species as type A, B, or C.
      (3)   Retaining walls are not permitted within a required landscape buffer area.
      (4)   “Type A” in part 3 refers to landscape buffer area in the Property Perimeter Landscape Buffer Areas table in division (A)(5) above.
      (5)   Note: Division (B)(11)(d) above exemption applies only to screening; trees specified in the Planting Density and Screening table in division (A)(5) above are required.
(LDC § 10.2.4)
§ 155.144 PROPERTY PERIMETER PLANTING.
   (A)   Planting within property perimeter landscape buffer areas will serve a number of functions including screening, naturalizing, softening edges, and unifying architectural elements. Planting density requirements, as outlined in the Planting Density and Screening table in § 155.143(A)(5), have been established to allow for flexible design solutions while reinforcing the site design standards of each form district.
   (B)   In situations where a property perimeter landscape buffer area slopes, the required plantings shall be located where the staff of the Planning Commission determines they will most effectively screen the more intensive uses.
   (C)   Existing landscape material which is proposed to be used to fulfill landscape requirements shall be shown on the required plan, and any plant material in satisfactory condition may be used to satisfy these requirements in whole or in part when, as determined by the staff of the Planning Commission or the agency to whom it delegates authority, such materials meet the requirements and achieves the objectives of this section. Existing healthy trees may be substituted for trees required for property or vehicular use area perimeter landscaping, or for interior landscaping by using the following criteria: a six-inch to 12-inch caliper tree surrounded by a minimum of 150 square feet of landscape area may be substituted for two new trees of the required minimum size; a 12-inch to 24-inch caliper tree surrounded by a minimum of 250 square feet of landscape area may be substituted for three new trees of the required minimum size; a 24-inch or greater caliper tree surrounded by a minimum of 300 square feet of landscape area may be substituted for four new trees of the required minimum size.
(LDC § 10.2.5)
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