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(a) Intent and Purpose. This section aims to promote public health, safety, and welfare by establishing minimum standards for the design, installation, and maintenance of landscaping in parking lots, which act as buffer zones between uses and along roadways. The City considers landscaping to be an essential element of land development, which is a critical factor in maintaining an attractive community character and conserving the value of land and buildings in the City.
(b) Interpretation. The landscape standards of this section are considered the minimum necessary to achieve the objectives noted above. The standards are intentionally adjustable to promote flexibility and creative design. For example, applicants are encouraged to provide additional landscaping to improve the function, appearance, and value of their property.
(c) Applicability.
(1) The standards in this section shall apply to any site plan, special land use request, condominium, subdivision plan or PUD submitted for review and approval under this section, subject to the limitations given in paragraph (c)(2) hereof. The regulations of this article shall not apply to individual single-family and two-family dwelling units.
(2) Landscaping shall be installed consistent with this section. In its review of a site plan, the Planning Commission has the authority to increase, decrease, or otherwise modify the landscaping and screening requirements of this section. In doing so, the Commission shall consider the following criteria:
A. The amount of space on the site available for landscaping.
B. Existing landscaping on the site and on adjacent properties.
C. The type of use on the site and the size of the development.
D. Existing and proposed adjacent land uses.
E. The effect the required landscaping would have on the existing or proposed land use.
(d) General Regulations.
(1) Landscaping shall be installed within 180 days of occupancy of the building or structure unless a more extended period is permitted in writing by the Zoning Administrator. The Zoning Administrator may require as a condition of any extension that a performance guarantee in an amount and of a type reasonably satisfactory to the Zoning Administrator shall be posted to ensure compliance with the terms of this section.
(2) All landscaping shall be hardy plant materials and maintained thereafter in a neat, healthy and orderly manner. Withered and dead plant materials installed in accordance with the 180 days of occupancy shall be replaced within a reasonable period of time, but no longer than one growing season from the date of occupancy.
(3) For this section, a comer lot is considered as having a front-yard along each street, and the appropriate landscaping shall be provided for both yards.
(e) Buffer Zone Requirements.
(1) A landscape or buffer zone as required herein shall be provided wherever a non-residential zone or use abuts a residential use or zone and wherever a RM-1 or RM-2 Zone abuts an Rl, R2, R3 or RT Zone. The buffer zone shall be located along the boundary between adjoining lands in different zoning districts.
(2) Where the boundary between zoning districts lies on an active or abandoned railroad right-of-way, parcels adjacent to and separated solely by the railroad right-of- way shall be considered adjoining, and subject to buffer zone requirements.
(3) Buffer zone requirements shall not apply where a public street separates adjacent zoning districts. In such a case, this section’s front-yard landscaping requirements shall apply.
(4) Even if the abutting parcel is unimproved land, a buffer zone shall be required.
(5) Where the buffer zone width requirements of this section are greater than the minimum setback requirements for the zoning district of the subject property, a building footprint may encroach into the required buffer zone, however, no parking area or driveway shall be permitted to encroach within a required buffer zone.
(f) Width and Planting Requirements.
(1) A buffer zone shall be at least fifteen (15) feet wide.
(2) One canopy, two evergreens, and one ornamental tree, or a comparable group of plantings as determined by the Zoning Administrator, shall be planted within the buffer zone for each twenty-five (25) linear feet abutting the adjacent property.
(g) Plant Spacing and Size Requirements.
(1) Plant materials shall not be placed closer than four (4) feet from the fence line or property line.
(2) Where plant materials are placed in two (2) or more rows, plantings shall be staggered in rows.
(3) Evergreen trees shall be planted not more than twenty-five (25) feet on centers and not less than five (5) feet in height.
(4) Narrow evergreens shall be planted not more than six (6) feet on centers and not less than three (3) feet in height.
(5) Ornamental trees or tree-like shrubs shall be planted not more than ten (10) feet on centers and not less than four (4) feet in height.
(6) Large deciduous shrubs shall be planted not more than four (4) feet on centers and not less than three (3) feet in height.
(7) Large deciduous trees shall be planted not more than twenty-five (25) feet on centers and not less than three-inch caliper.
(h) Trees Not Permitted. The following trees are not permitted:
(1) Box Elder.
(2) Silver Maples.
(3) Elms.
(4) Poplars.
(5) Willows.
(6) Horse Chestnut (nut-bearing).
(7) Tree of Heaven.
(8) Catalpa.
(9) Walnut.
(i) Suggested Plant Materials. The following plant materials are suggested:
(1) Evergreen Trees - Juniper, Fir, Spruce, Hemlock, Pine, Douglas Fir.
(2) Narrow Evergreens - Column Hinoki Cypress, Blue Columnar Chinese Juniper, Pyramidal Red Cedar, Swiss Stone Pine, Pyramidal White Pine, Irish Yew, Douglas Arbor-Vitae, Columnar Giant Arbor-Vitae.
(3) Ornamental Trees or Tree-Like Shrubs - Flowering Crab, Mountain Ash, Redbud, Horn-beam, Magnolia, Russian Olive, Dogwood, Rose of Sharon, Hawthorn.
(4) Large Deciduous Shrubs - Honeysuckle, Mock Orange, Lilac, Cottoneaster, Euonymus, Buckthorn, Viburnum, Forsythia and Ninebark, Hazelnut, Privet and Sumac.
(5) Large Deciduous Trees - Oak, Hackberry, Planetree (Sycamore), Ginkgo, Sweet Gum, Linden, Hard Maple, Birch, Beech, Honeylocust, Hop Hornbeam.
(1975 Code §5.128)
(j) Berms. Walls and Fences.
(1) If a berm is used for all or part of the buffer zone, required plant material quantities may be reduced by twenty-five (25) percent. The berm shall comply with minimum standards contained in this section. All plant materials shall be placed along the top and exterior side slope of the berm. The buffer zone width shall be increased as needed to accommodate maximum berm side slopes of one (1) foot vertical rise to three (3) feet horizontal.
(2) A screen wall or fence may be used for all or part of the buffer zone. The following regulations apply:
A. Required quantities of plant materials may be reduced by fifty (50) percent for that area abutting the fence or wall.
B. All required plant materials shall be on the exterior side of the screen wall or fence.
C. The fence or wall shall comply with the applicable provisions of this Zoning Code.
(k) Cover for Buffer Strip. All buffer strip areas outside of planting beds shall be covered with grass or other living ground cover.
(l) Stormwater Detention/Retention Basins. Stormwater detention/retention areas shall be permitted within buffer zones, provided they do not reduce the screening effect.
(m) Solid Waste Dumpsters. Solid waste dumpsters may be located in buffer zones, provided they are screened on three sides by a continuous opaque wall or fence six feet in height.
(n) Front Yard Landscaping. The front yard shall be landscaped according to the following minimum requirements except for necessary driveways, frontage roads, service drives, or walkways. If the building is not set back sufficiently to allow adequate area for such landscaping, the Planning Commission or the Zoning Administrator, as the case may be, shall determine the proper number of plantings.
(1) One (1) canopy tree, one (1) ornamental and one (1) evergreen tree for each seventy-five (75) feet of road frontage.
(2) Shrubs at a rate of one (1) per each tree required.
(3) Earthen berms may be permitted within the required front yard landscape area. A credit of up to twenty-five (25) percent may be received against providing the required plantings through the use of berms three (3) feet in height or greater.
(4) Plantings and berms shall be located so as not to obstruct the vision of drivers entering or leaving a site.
(o) Off-Street Parking Area Landscaping Requirements. All parking areas having twenty or more parking spaces shall be landscaped according to the following minimum requirements:
(1) One (1) canopy tree for every twenty (20) parking spaces, with a minimum of two (2) trees, shall be planted adjacent to and/or within the parking area.
(2) Trees shall be located to prevent damage by motor vehicles.
(3) Landscaping islands shall be dispersed through the parking lot to break up large expanses of paved surfaces and improve traffic flow and line of sight for drivers. Each landscape island shall be a minimum of six (6) feet wide and shall contain at least one (1) canopy tree.
(4) Landscaping shall be arranged so as not to obscure traffic signs, fire hydrants, or obstruct drivers' sight distance within the parking area and at driveway entrances.
(5) All landscape acres shall be protected by raised curbs, parking blocks, or similar methods.
(6) For any parking area, except locations serving one-family or two-family dwellings that abuts or faces a public right-of-way, a three (3)-feet high continuous obscuring screen, at least three (3) but no more than four (4) feet high may be required between the parking area and the public road right-of-way line. The screen may be comprised of natural or artificial material or any combination of these elements. Such screening may be required for parking lots across the street from residential uses where vehicle lights, noise or appearance may create a nuisance or safety hazard for residents.
(7) Landscaping required for buffer zones and front yard landscaping that abuts off-street parking areas may substitute for up to fifty (50) percent of the required parking lot landscaping.
(p) Minimum Standards for Berms.
(1) Wherever a berm is used to meet the minimum requirements of this section, it shall have a maximum height of five (5) feet above grade.
(2) Berms shall be constructed so as to maintain side slopes not to exceed a one (1)-foot vertical rise to three (3) feet horizontal ratio.
(3) Berm areas shall be covered with grass or another living ground cover.
(4) Berms shall be constructed to not change drainage pattens on the site or adjacent properties.
(Ord. 390. Passed 3-6-01; Ord. 566. Passed 9-6-22.)
(a) All outdoor lighting in all use districts used to light the general area of a specific site shall be shielded to reduce glare and shall be arranged to deflect the light away from all neighboring residential districts or residences.
(b) Illumination of signs shall be directed or shaded downward so as not to interfere with the vision of persons on the adjacent highways or adjacent property.
(c) Illumination of signs and other outdoor features shall not be of a flashing, moving, or intermittent type. Artificial light shall be maintained stationary and constant in intensity and color when used.
(1975 Code §5.130) (Ord. 566. Passed 9-6-22.)
In all Residential Districts, so-called entranceway structures, including, but not limited to, walls, columns, and gates marking entrances to single-family subdivisions or multiple housing projects, may be permitted and may be located in a required yard, except as provided in Section 1286.06, provided that such entranceway structures shall comply with all codes of the City of Ionia, and shall be approved by the City Manager or his or her designee.
(1975 Code §5.131) (Ord. 566. Passed 9-6-22.)
No fence, wall, shrubbery, sign, or other obstruction to vision above a height of two (2) feet from the established street grades shall be permitted within the triangular area formed at the intersection of any street right-of-way lines by a straight line drawn between said right-of-way lines at a distance along each line of twenty-five (25) feet from their point of intersection.
(1975 Code §5.132) (Ord. 566. Passed 9-6-22.)
(a) General Requirements.
(1) All fences require a zoning permit subject to the requirements of this section unless they are approved by the Planning Commission as part of an overall site plan.
(2) The application shall require a site plan or sketch drawn to scale in accordance with the requirements outlined in this section. A drawing or picture of the fence indicating its style, materials, and height shall also be provided.
(3) Fences, privacy walls, and retaining walls may be erected along property lines or within yards, irrespective of the setback requirements of this Chapter. No site plan review is required for a fence, privacy wall, or retaining wall that conforms to a residential district's Ordinance standards. In addition, the Zoning Administrator may waive site plan review for a fence, privacy wall, or retaining wall if no other structural changes or changes io the design or layout of the site are proposed.
(4) Corner lots are considered to have two front yards for purposes of this section.
(5) Fences, walls, or obscuring walls shall not contain barbed wire, electric current or charge of electricity, glass, spikes, or other sharp protruding objects. Notwithstanding the preceding provision that security fences six (6) feet tall or higher may include up to eighteen (18) inches of barbed wire in an industrial area, surrounding a public utility, or around a public safety or emergency services facility. Such barbed wire shall slant inwards toward the property or be straight up. Security fences with barbed wire in any other location or surrounding any other use require a special use permit approved by the Planning Commission.
(6) Fences that enclose public or institutional parks, playgrounds, or public landscaped areas, situated within an area developed with recorded lots shall not exceed eight (8) feet in height, measured from the surface of the ground, and shall not obstruct clear vision from intersecting sidewalks, streets, alleyways, or driveways.
(7) Recorded lots having an area in excess of two acres, if not included within the boundaries of a recorded plat, are excluded from these regulations.
(8) The Zoning Administrator may require the removal, reconstruction, or repair of any fence, privacy wall, or retaining wall if it is deemed that the structure is not in good condition and a hazard to the public's safety.
(b) Residential Districts or Uses.
(1) Side or Rear Yard Fences.
A. Shall not exceed six (6) feet in height measured from the surface of the ground.
B. Shall have the finished side of such fence facing the adjacent property.
C. Shall not extend toward the front of the lot nearer than the front of the house unless following the front yard requirements outlined in Section 1286.07(a)(2).
(2) Front Yard Fences.
A. Shall not block the view of traffic or impede clear vision of an intersecting sidewalk, street, alley, or driveway (See Section 1286.06).
B. Must be approved by the Zoning Administrator following - application and payment of all applicable fees.
C. Shall consist of split rail, decorative iron, wood, engineered wood, plastic products, or similar material.
D. Chain link, snow fence, woven fence, or rubber shall not be allowed.
E. Shall not exceed 50% opacity and shall be constructed to allow air passage through the fence to the adjacent property.
F. Shall not be installed in the right-of-way.
G. The finished side of the fence shall face the adjacent property.
H. The maximum height of the posts for a fence installed in the front yard shall not be greater than forty-eight (48) inches absent approval from the Zoning Administrator, and the height of the fencing between the posts shall not be greater than forty-two (42) inches.
(c) Business Districts or Uses.
(1) Side or Rear Yard Fences.
A. Shall not exceed eight (8) feet in height, measured from the surface of the ground.
B. Shall have the finished side of such fence facing the adjacent property.
C. Shall not extend toward the front of the lot nearer than the front of the principal building unless following the front yard requirements outlined in Section 1286.07(b)(2).
(2) Front Yard Fences.
A. Shall not block the view of traffic or impede clear vision of an intersecting sidewalk, street, alley, or driveway (See Section 1286.06).
B. Must be approved by the Zoning Administrator following application and payment of all applicable fees.
C. Shall consist of split rail, decorative iron, wood, engineered wood, plastic products, or similar material.
D. Chain link, snow fence, woven fence, or rubber shall not be allowed.
E. Shall not exceed 50% opacity and shall be constructed to allow air passage through the fence to the adjacent property.
F. Shall not be installed in the right-of-way.
G. The finished side of the fence shall face the adjacent property.
H. The maximum height of any part of the posts for a fence installed in the front yard shall not be greater than forty-eight (48) inches absent approval from the Zoning Administrator. and the height of the fencing between the posts shall not be greater than forty-two (42) inches.
(d) Industrial Districts or Uses. Industrial properties may install privacy or security fencing around the perimeter of the property lines, irrespective of the setback requirements, of up to nine (9) feet in height. Fencing shall not obstruct clear vision from intersecting sidewalks, streets, alleyways, or driveways.
(1975 Code §5.134) (Ord. 07-2003-01. Passed 8-5-03; Ord. 469. Passed 10-6-09; Ord. 566. Passed 9-6-22.)
(a) Area, Height and Use Exceptions. The provisions of this Zoning Code shall be subject to the following interpretations and exceptions. (1975 Code § 5.151)
(b) Essential Services. Essential services as strictly defined herein shall be permitted as authorized and regulated by law and other ordinances of the City, it being the intention hereof to exempt such essential services from the application of this Zoning Code. (1975 Code § 5.152)
(c) Voting Places. The provisions of this Zoning Code shall not be so construed as to interfere with the temporary use of any property as a voting place in connection with a Municipal or other election. (1975 Code § 5.153)
(d) Height Limits. The height limitations of this Zoning Code shall not apply to farm buildings, chimneys, church spires, elevator or stairwell rooftop bulkheads, flagpoles, or public monuments, provided, however, that the Board of Zoning Appeals may specify a height limit for any such structure when such structure requires authorization as a conditional use. The height of wireless communication towers and equipment shall be regulated by Chapter 1280. (1975 Code § 5.154) (Ord. 514. Passed 9-2-14.)
(e) Lot Area. Any lot existing and of record on the effective date of this Zoning Code may be used for any principal use, other than conditional uses for which special lot area requirements are specified in this Zoning Code, permitted in the district in which such lot is located, whether or not such lot complies with the lot area requirements of this Zoning Code, except as provided in Section 1278.02. Such use may be made, provided that all requirements other than lot area requirements prescribed in this Zoning Code are satisfied, and provided that not more than one (1) dwelling unit shall occupy any lot except in conformance with the provisions of this Zoning Code for the required lot area for each dwelling unit. (1975 Code § 5.155)
(f) Lots Adjoining Alleys. In calculating the area of a lot that adjoins an alley for the purpose of applying lot area requirements of this Zoning Code, one-half the width of such alley abutting the lot shall be considered as part of such lot. (1975 Code § 5.156)
(g) Yard Regulations. When yard regulations cannot reasonably be complied with, or where their application cannot be determined on lots of peculiar shape or topography or due to architectural or site arrangement, such regulations may be modified or determined by the Board of Zoning Appeals. (1975 Code § 5.157)
(h) Projections into Yards. Architectural features, not including vertical projections, may extend or project into a required side yard not more than two (2) inches for each one (1) foot of width of such side yard, and may extend or project into a required front yard or rear yard not more than three (3) feet. (1975 Code § 5.159)
(i) Access Through Yards. For the purpose of this chapter, access drives may be placed in the required front or side yards to provide access to rear yards and accessory or attached structures. These drives shall not be considered structural violations in front and side yards. Further, any walk, terrace or other pavement serving a like function, and not over nine (9) inches above the grade upon which placed, shall, for this chapter, not be considered a structure, and shall be permitted in any required yard. (1975 Code § 5.160)
(j) Lots Having River Frontage. Those residential lots and parcels having river frontage and abutting a public thoroughfare shall maintain the yard on the river side as an unobscured open yard, except that a covered and uncovered boat well shall be permitted after review and approval of plans by the Board of Zoning Appeals. Accessory structures shall be permitted in the setback between the abutting road right-of-way and the main building, provided the front yard setback required in Appendix I, Schedule of Regulations, is met. (1975 Code § 5.161) (Ord. 566. Passed 9-6-22.)
(a) Outdoor Boilers, Defined. An outdoor boiler is considered to be an accessory structure consisting of an above or below grade chamber or furnace constructed of metal or other non-combustible material in which wood, wood pellets, grain pellets, or other combustible material is burned to heat water or other liquid that is piped above-ground or underground to provide heat for a house or different structure.
(b) Outdoor Boilers, Prohibited. Outdoor boilers are prohibited in all zoning districts.
(c) Outdoor Boilers, Existing. All existing outdoor boilers must be registered with the City Clerk within thirty days after the effective date of this section. No replacement outdoor boilers shall be installed or used within the City.
(Ord. 442. Passed 2-6-07; Ord. 566. Passed 9-6-22.)
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