A. Screening: Where any commercial, industrial or institutional use, except those within the C-CBD or I-CBD districts, abuts a residential district, that use shall provide screening along the property line abutting any property in the residential district. Screening shall also be provided on the side of a commercial, industrial or institutional use across the street from a residential district. All the screening specifically required by this title shall be subject to section 11-16-15 of this title related to traffic visibility and shall consist of a greenbelt strip as provided for below.
1. A greenbelt planting strip shall consist of evergreen trees and/or deciduous trees and shrubs and shall be a minimum of twenty feet (20') in width and of a sufficient density to provide a substantially continuous visual screen at maturity of the installed plantings. This planting strip shall be designed to provide continuous visual screening to a minimum height of eight feet (8'). The grade for determining height shall be the grade elevation of the building, parking lot or use for which the screening is providing protection, unless otherwise established by the zoning administrator. The planting plan and type of plantings shall require the approval of the zoning administrator.
2. A fence may also be installed, but not in lieu of the greenbelt. The fence shall be constructed of masonry, brick, vinyl or maintenance free composite materials. Such fence shall provide a solid screening effect and shall be a minimum of six feet (6') in height but shall not exceed eight feet (8') in height. The grade for determining height shall be the grade elevation of the building or use for which the screening is providing protection, unless otherwise established by the zoning administrator. The design and materials used in constructing a required screening fence shall be subject to the approval of the zoning administrator. Fences in excess of eight feet (8') in height shall require an administrative permit subject to the approval of the zoning administrator.
3. Existing landscape material in good health and condition may be used to satisfy the requirements of this section in whole or part when, in the opinion of the zoning administrator, such material meets the requirements and intent of this chapter.
B. Landscaping: Required landscaping for new residential subdivisions and commercial, industrial or institutional uses shall include plantings at the property perimeter, off street parking perimeter landscaping and interior landscape plantings as well as required residential buffer yard or transitional buffer zone plantings.
C. Standards And Criteria: All landscaping required by this section shall conform to the following standards and criteria: (Ord. 867, sec. 60, 5-17-2010)
1. Minimum Size: All plants must at least equal the following minimum size in conformance with American Nursery Association standards measured from the top of the ball or container to the top of the tree/shrub or bottom of the evergreen leader as shown below:
Balled And Burlapped/Container
| ||
Balled And Burlapped/Container
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Shade trees | 21/2 inch diameter | |
Ornamental trees (flowering crabs, hawthorn serviceberry, etc.) | 2 inch diameter single stem or 6 - 7 foot, clump form | |
Coniferous evergreen trees | 8 feet | |
Tall growing shrubs and hedge material (evergreen or deciduous) | 24 - 36 inch | |
Low growing shrubs: | ||
Deciduous | 18 - 24 inch | |
Coniferous evergreen | 18 - 24 inch | |
Spreading coniferous evergreen | 18 - 24 inch spread | |
2. Spacing of Required Plantings:
a. Tree centers shall not be located closer than ten feet (10') from the fence line or property line and shrub centers shall not be less than five feet (5') from the fence or property line. Trees and shrubs shall not be planted to conflict with public plantings, sidewalks, trails, fences, parking areas, and driveways based on the judgment of the zoning administrator.
b. Where plant materials are planted in two (2) or more rows to comply with the minimum width of a required greenbelt, plantings shall be staggered in rows unless otherwise approved by the zoning administrator.
c. Deciduous trees intended for screening shall be planted not more than forty feet (40') apart. Evergreen trees intended for screening shall be planted so that their branches are touching at the narrowest projected mature canopy width.
d. Where massing of plants or screening is intended, large deciduous shrubs shall be planted so that their branches are touching at the narrowest projected mature width.
e. Trees shall be planted outside of drainage and utility easements unless approved by the zoning administrator.
f. The mature coniferous tree, ornamental tree, and shrub canopy shall remain within the lot without encroaching into another lot or public right-of-way with the required minimum setback to be determined by the zoning administrator based on the species of tree or shrub.
3. Acceptable Tree Species: Trees suitable for complying with this section shall be limited to those identified on the City of Lakeville Building Permit Guidelines, except as otherwise approved by the zoning administrator.
4. Design (Except For Pond Slopes Which Shall Be Subject To The Review And Approval Of The City Engineer):
a. The landscape plan must show some form of designed site amenities (i.e., composition of plant materials, and/or creative grading, decorative lighting, exterior sculpture, etc.) which are largely intended for aesthetic purposes.
b. All areas within the property lines (or beyond, if site grading extends beyond) shall be treated. All exterior areas not paved or designated as roads, parking, or storage must be planted into ornamental vegetation (lawns, ground covers, or shrubs) unless otherwise approved by the zoning administrator.
c. Turf slopes in excess of three to one (3:1) are prohibited.
d. All ground areas under the building roof overhang must be treated with a decorative mulch and/or foundation planting.
e. Properties developed after May 17, 2010, with detached townhouse, two-family, townhouse or multiple-family dwelling units within the RST-2, RM or RH district and all commercial, industrial or institutional uses shall provide an exterior inground irrigation system within the property where necessary to ensure that all turf grass, ground cover of cultivated vegetation, garden, hedges, trees and shrubbery maintenance can be accomplished.
f. Trees and shrubs shall not be planted in the right of way except for developments within the RM-3, RH-CBD, C-CBD, M-2, and planned unit development districts incorporating requirements for landscape maintenance agreements or designated streets as determined by the city council.
g. All plants required as part of an approved landscaping plan shall be maintained and kept alive and in good condition. Dead plants or plants in poor health or condition shall be treated or replaced in accordance with the approved landscape plan as determined by the zoning administrator. Any species substitutions for replacement trees or shrubs shall be subject to approval by the zoning administrator and must be demarcated on the final approved landscape plan submitted to the planning department.
5. Earth Berms: Earth berms shall be physical barriers that block or screen the view similar to a hedge, fence or wall.
a. Height: The height of the required earth berm shall be measured from:
(1) Existing grade located next to but not on the earth berm when provided next to a common property line;
(2) The grade of the parking lot when used to screen off street parking areas; and
(3) From the centerline of the street or center of the railroad tracks when used to screen property from adjacent rights of way.
b. Construction: Earth berms shall be constructed with slopes no steeper than one foot (1') vertical for each three feet (3') horizontal, with a minimum two foot (2') wide crest on top of the berm or as required for residential buffer yards. Earth berms may undulate in height and from side to side, provided that the minimum opacity requirements are met.
c. Protection From Erosion: All earth berms shall be planted with sod, ground cover, or other suitable live plant material to protect the earth berm from erosion so that it retains its height and shape.
d. Elevation Difference Does Not Constitute Earth Berm: A difference in elevation between areas requiring screening does not constitute an existing earth berm and shall not be considered as fulfilling any screening requirement for the purposes of this section unless otherwise provided for.
e. Topsoil: The earth berm shall contain no less than six inches (6") of topsoil.
6. Landscape Guarantee:
a. All new plants shall be guaranteed for twelve (12) months from the time planting has been completed.
b. All plants shall be alive, in good health, of good quality and structural condition, and insect and disease free at the end of the warranty period or be replaced.
c. Any replacements shall be warranted for twelve (12) months from the time of planting.
D. Off Street Parking Areas: All off street parking areas with five (5) or more parking spaces or any parking area within twenty feet (20') of a residential zoning district shall be screened from view as follows:
1. Installation of shade, ornamental and/or evergreen trees at the perimeter of the parking area in accordance with the spacing requirements of subsections A and C of this section.
2. For all commercial and institutional uses, and for those industrial uses abutting a major collector or arterial street, a continuous opaque barrier with a maximum height of thirty six inches (36") shall be provided along the perimeter abutting public rights-of-way and residentially zoned properties that consists of plantings, hedges, decorative or ornamental fences, walls or earth berms or any combination thereof.
3. Landscaping shall be set back two feet (2') from parking stalls to allow parking of vehicles without extending over the landscaped area.
E. Residential Buffer Yards: Except for lots of record or preliminary platted lots having legal standing established on January 1, 1994, the following additional lot requirements and screening provisions shall be required for parcels abutting major collector or arterial streets as designated by the Lakeville transportation plan:
1. Lot And Setback Requirements:
a. For double frontage lots, the following standards shall apply:
RS-1 | RS-2 | RS-3 | RS-4 | RST-1 | RST-2 | |
Lot depth | 170' | 170' | 150' | 150' | 150' | 150' |
b. For corner lots where the side yard abuts the major collector or arterial street, the following standards shall apply:
RS-1 | RS-2 | RS-3 | RS-4 | RST-1 | RST-2 | |
Lot width | 130' | 130' | 110' | 95' | 95' | 95' |
c. For lots preliminary platted after February 16, 1999, the following principal building setback requirements shall apply to the yard of a lot abutting a major collector or arterial street:
RS-1 | RS-2 | RS-3 | RS-4 | RST-1 | RST-2 | RM-1 | RM-2 | RH-1 | RH-2 | |
Side yard | 40' | 40' | 30' | 30' | 30' | 30' | 50' | 50' | 50' | 50' |
Rear yard | 50' | 50' | 50' | 50' | 50' | 50' | 50' | 50' | 50' | 50' |
2. Screening Plan Required: For applicable subdivisions, a comprehensive screening plan shall be submitted. The plan shall identify all proposed buffer screening in both plan and sectional view. A certified grading plan shall be provided prior to installation of any plantings to verify consistency with the approved grading and screening plan.
3. Timing/Responsibility Of Installation: Weather permitting, all buffers, berms, and/or plantings shall be constructed or planted prior to the issuance of a final certificate of occupancy.
4. Maintenance:
a. Maintenance of the buffer yard berms, plantings, and/or fences shall be the responsibility of the individual property owners or, if applicable, the homeowners' association.
b. The color of the screening wall or fence shall be uniform along its entire length and comply with the standards established by the Lakeville corridor and gateway design study, dated August 2, 1999. Any modifications to the screening wall or fence shall require the approval of the zoning administrator.
c. All repairs to the screening wall or fence shall be consistent with the original screening wall or fence design in regard to location and appearance.
d. All plants required as part of an approved landscaping plan shall be maintained and kept alive and in good condition. Dead plants or plants in poor health or condition shall be treated or replaced in accordance with the approved landscape plan as determined by the zoning administrator. Any species substitutions for replacement trees or shrubs shall be subject to approval by the zoning administrator and must be demarcated on the final approved landscape plan submitted to the planning department.
e. All repair or plant replacement shall be done within forty five (45) days of written notification from the city or if applicable, the homeowners' association.
5. Design Standards:
a. Buffer Yards: Except where natural vegetation is acceptable, buffer yards shall contain a combination of earth berms, plantings, or privacy fencing of a sufficient density to provide a minimum visual screen and a reasonable buffer a minimum height of ten feet (10'):
(1) The height of the buffer yard shall be measured along a line drawn at the back of the curb of the roadway, or the edge of bituminous, to the ground elevation at the rear line of the building pad to the height of the plantings to be installed as defined by this section.
(2) Where the grade elevation of the first floor of the building for which the buffer is providing protection is more than ten feet (10') above the grade of an adjacent major collector or arterial street, the minimum screening height requirements of this section shall not apply.
(3) Where the grade elevation of the first floor of the building for which the buffer is providing protection is more than six feet (6') below the centerline grade of an adjacent major collector or arterial street, the minimum screening height requirements shall be reduced by four feet (4') along major collector or arterial streets. (Ord. 897, 12-3-2012)
b. Plantings: All designated buffer yards must be seeded or sodded except in areas of steep slopes where natural vegetation is acceptable as approved by the Zoning Administrator. All plantings within designated buffer yards shall adhere to the following:
(1) Tree centers shall not be located closer than ten feet (10') from the fence line or property line and shrub centers shall not be less than five feet (5') from the fence or property line. Trees and shrubs shall not be planted to conflict with public plantings, sidewalks, trails, fences, parking areas, and driveways based on the judgment of the zoning administrator.
(2) Landscape screen plant material shall be in two (2) or more rows. Plantings shall be staggered in rows unless otherwise approved by the Zoning Administrator.
(3) Shrubs shall be arranged to lessen the visual gaps between trees. Along arterial streets, all plantings of deciduous trees shall be supplemented with shrubs such that the buffer yard contains a continuous band of plants.
(4) Deciduous shrubs shall be planted so that their branches are touching at the narrowest projected mature width.
(5) Deciduous trees intended for screening shall be planted not more than forty feet (40') apart. Evergreen trees intended for screening shall be planted so that their branches are touching at the narrowest projected mature canopy width.
(6) The mature coniferous tree, ornamental tree, and shrub canopy not encroach into the public right-of-way with the required minimum setback to be determined by the zoning administrator based on the species of tree or shrub.
c. Walls And Fences: All walls and fences erected within designated buffer yards shall meet the following conditions:
(1) Walls and fences formally approved as part of the subdivision and site plan process shall conform to all of the requirements of this section.
(2) At least fifty percent (50%) of the street side of a screening fence shall be landscaped with plant materials. Plant materials shall be at least equal to the fence height.
(3) Fences may be exposed no more than a maximum length of twenty feet (20') between landscaping areas or clusters.
(4) For interior lots, a gate constructed of the same material as the fence shall be provided in the wall or fence to allow for maintenance of the street side boulevard.
(5) Fences and landscaping shall not be located within the "traffic sight visibility triangle" as defined in section 11-16-15 of this title.
d. Earth Berms: Earth berms within designated buffer yards shall adhere to the following:
(1) The slope of the earth berm shall not exceed a three to one (3:1) slope unless approved by the city engineer.
(2) The earth berm shall contain no less than four inches (4") of topsoil. (Ord. 799, sec. 2, 1-17-2006; amd. Ord. 867, sec. 60, 5-17-2010; Ord. 897, 12-3-2012; Ord. 976, 3-6-2017; Ord. 1031, 6-1-2020; Ord. 1047, 6-7-2021)