This section describes the minimum requirements that shall be met in regard to interior and perimeter landscaping for vehicular use areas, perimeter landscaping for incompatible land use areas, and landscaping for service areas.
(a) Perimeter Landscaping Requirements. Unless otherwise provided, landscape materials shall be installed to provide a minimum of fifty percent (50%) winter opacity and a seventy percent (70%) summer opacity, between one (1) foot above finished grade level to the top of the required planting, hedge, fence, wall, or earth mound within four (4) years after installation. The required landscaping shall be provided along the property perimeter in designated landscape buffer areas (LBAs) as shown in the chart in Subsection (a)(1) of this section or adjacent to the vehicular use area as shown in Subsection (a)(2) of this section. A "Planting Manual" shall be maintained by the Division of Environmental Services and available in the offices of the Division of Environmental Services and the Division of Planning, to provide more detailed information on the acceptable plant material.
(1) Property Perimeter Requirements.
A. | B. | C. | D. |
A. | B. | C. | D. | |
When the following... | Adjoins the following... | A minimum buffer area1 of this average width (with eight feet as the least dimension) is required.3 4 | Which will contain this material, to achieve opacity required.4 6 8 | |
1. | Any M-1P zone. | Any property in any zone other than M-1P. | Ten feet adjacent to all common boundaries, including street frontage. | One tree/40 feet of linear boundary, OFT2, from Group A, B, or C of Plant List plus continuous six feet high planting, hedge, fence, wall or earth mound. |
2. | Any office or business zone (except P-2). | Any residential zone. | 15 feet adjacent to all common boundaries (located behind the building line) except street frontage7 . | One tree/40 feet of linear boundary, OFT, from Group A or B only, plus, 1) a double staggered row of six feet high hedge or 2) a six feet high fence, wall or earth mound. |
3. | Any industrial or P-2 zone. | Any residential, office, or business zone. | 15 feet adjacent to all common boundaries except street frontage7. | Same as 2D. |
4. | Any double frontage lot (as defined by the Subdivision Regulations) in any zone unless the lot is used for a vehicular sales facility. | Any state maintained freeway or arterial (major or minor) street not providing direct access to the property. | 20 feet for residential zones and ten feet for all other zones adjacent to freeway or arterial (major or minor). | Double staggered row of trees every 30 feet OFT, Group A or B, plus continuous six (6) feet high planting, hedge, wall, fence (not to exceed eight feet in height at street grade) or earth mound. Such plantings are to be shown on a unified plan for the development. |
5. | Any zone except agricultural and industrial zones. | Railroads (except spur tracks and along sight triangles) | Same as 6C, adjacent to railroad boundaries. | Same as 2D. |
6. | Utility substation, junk yards, landfills, sewage plants, sewage pump stations, transfer stations or similar uses. | Any property boundary, including street rights-of-way. | 15 feet adjacent to all boundaries, except only five feet for utility substations and sewage pump stations measured adjacent to the enclosure. | Same as 2D. |
7. | Any R-1T, R-3, R-4 or R-5 zone except when developed as buildings for single-family or two-family occupancy. | Any R-1A, R-1B, R-1C, R-1D, or R-2 zone. | Eight feet adjacent to all common boundaries except street frontage. | One tree/40 feet of linear boundary, OFT2, from Group A, B, or C of Plant List plus a continuous six feet high planting, hedge, fence, wall, or earth mound. |
8. | Any non- agricultural zone. | Any A-R, A-B, and A-N zone. | 15 feet adjacent to all common boundaries except street frontage. | Double row staggered of trees every 30 feet of linear boundary from Group A, B, or C. |
9. | Any residential, business, office, or industrial zone. | Urban Service Area boundary. | Ten feet adjacent to all common boundaries except street frontage.5 | Same as 1D, except use only native tree species from Group A. |
10. | Any cemetery use, whether private or public. | Any property boundary, including street rights-of-way. | 50 feet adjacent to all boundaries, as shown on a development plan or subdivision plan. | One tree/40 feet of linear boundary from Group A or B, plus continuous six feet high planting, or hedge, in addition to a wall or fence a minimum of three feet in height. |
1. Grass or ground cover shall be planted on all portions of the landscape buffer area not occupied by other landscape material.
2. OFT means "or fraction thereof." Unless otherwise specified, trees do not have to be equally spaced, but may be grouped.
3. To determine required area of landscape buffer area, multiply required averaged width by length of common boundary. Using item 1C as an example, the ten (10) foot average required width times an assumed one hundred (100) feet of common boundary equals one thousand (1,000) square feet of required landscape area. Thus, if some sections of the landscape buffer area are only three feet in width, other sections will have to be greater than ten feet in width in order to attain the required one thousand (1,000) square feet of landscape area.
4. A continuous planting of evergreen trees fifteen (15) feet o.c. Shall be deemed to meet the requirements for trees and a continuous planting provided the trees meet the requirements of Section 18-4(c) and an opacity of seventy (70) percent is achieved.
5. No map amendment request, major subdivision plan, or development plan shall be approved by the Planning Commission except in compliance with this section. However, the Planning Commission shall not require such landscaping adjoining the Urban Service Area boundary where any of the following conditions exist: major railroad lines, major water bodies (not including streams or farm ponds), publicly owned parks or open space, public property with a low intensity of use, or existing urban development along the Urban Service Area boundary.
6. The 15-foot Landscape Buffer Area (LBA) may be reduced to eight (8) feet when used in conjunction with a six-foot high wall or fence.
7. In situations where a slope occurs along a boundary, the required landscaping shall be placed (in relation to the slope) where it will most effectively screen the more intensive use from the adjoining property.
8. In conjunction with the required development plan in a P-2 zone, the Planning Commission may permit portions of required perimeter planting to be reallocated to areas interior to the site, as per Article 8-24.
(2) Vehicular Use Area Perimeter:
(a) A vehicular use area (VUA) is any paved area, which is not exclusive to pedestrian use, containing more than eighteen hundred (1,800) square feet of area or used by five (5) or more of any type of vehicle; whether moving or at rest, including, but not limited to, parking lots; loading and unloading areas; drive-through or drive-up window facilities; and sales and service areas. A driveway is considered part of a vehicular use area when adjacent to public streets or other vehicular use elements. Intervening curbs, sidewalks, or landscaping strips, etc., do not eliminate adjacency of VUA.
(b) A vehicular use area perimeter buffer shall be located between vehicular use areas and any adjacent streets and adjacent properties excluding required sight clearances at driveways and ingress/egress locations. A vehicular use area perimeter buffer shall not be required when a vehicular use area is contiguous to a required property perimeter buffer and the screening intent of this Article is met.
(c) The vehicular use area perimeter requirements are in addition to the vegetative open space requirements in Article 20.
(d) Vehicular use area perimeter requirements shall be required for all zones as follows:
1. The vehicular use area perimeter buffer shall be located along the perimeter of a vehicular use area and maintain a minimum average width of eight (8) feet, as measured from the outer edge of the vehicular use area. The buffer shall contain:
(i) A continuous hedge, fence, wall, or earthen mound, except where trees require breaks.
(a) Hedges shall be composed of a double staggered row of evergreen shrubs or deciduous shrubs, with a minimum planting height of twenty-four (24) inches. All plants shall conform to opacity, minimum height of thirty-six (36) inches, and other requirements of the development plan within three (3) years after the date of the final approval of each planting or replanting.
(1) Up to twenty-five percent (25%) may be deciduous.
(2) Plant material other than groundcover shall be located at least three (3) feet from the back edge of the curb where cars overhang.
(b) Fences or walls shall be opaque and shall be a minimum of four (4) feet in height.
(ii) One (1) canopy tree (Group A or B) per twenty-five (25) linear feet of the total perimeter of the parking area.
(a) Trees shall be located at least four (4) feet from the back edge of the curb where cars overhang.
(b) In areas where overhead utilities prevent the use of canopy trees (Group A or B), understory trees (Group C) may be substituted.
(3) Who Provides Landscape Buffer Area. The landscape buffer area and material required adjacent to any vehicular use area under Subsection (a)(2) of this section shall be provided by the person in charge of or in control of the property whether as owner, lessee, tenant, occupant or otherwise (hereinafter referred to as "owner"), unless the authority building the street has fully met all requirements on the street right-of-way. When adjacent to other common boundaries, the landscape buffer area and materials:
(a) May be placed on either adjoining parcel, or astride the boundary, if both are owned and being processed by the same owner; or
(b) Shall be placed on the property with the vehicular use area when adjoining parcels have different owners; or
(c) May be placed astride the boundary of adjoining parcels having different owners if a written agreement, signed by both owners, is filed with the Division of Environmental Services as a public record; or
(d) Shall not be required along the common boundary if the requirements of this Article have been fully complied with on the adjoining property, in fulfillment of the requirements of this article. A note indicating the maintenance of the shared boundary shall be included on the approved landscape plan.
(4) Requirement Conflicts. Whenever a parcel or activity falls under two (2) or more of the landscape requirements listed, the most stringent requirements will be enforced.
(5) Landscaping in Easements. The required landscape buffer area may be combined with a utility or other easements as long as all of the landscape requirements can be fully met, otherwise, the landscape buffer area shall be provided in addition to, and separate from, any easement. Trees to be planted in utility easements containing overhead lines shall be only those specified in the Plant List. Cars or other objects shall not overhang or otherwise intrude upon the required landscape buffer area more than three (3) feet, and wheel stops or curbs will be required.
(6) Street Trees in the Right-of-Way. Trees required as a part of the vehicular use area perimeter landscaping may be placed on the right-of-way adjoining such vehicular use area when approved by the Division of Environmental Services. Where street trees required by the Subdivision Regulations have already been planted in the right-of-way, such trees may be substituted for an equal number of vehicular use area perimeter trees. Written permission from the authority having jurisdiction over the right-of-way shall be submitted by the developer prior to the approval of a landscape plan which utilizes the right-of-way for vehicular use area perimeter landscaping. The Division of Environmental Services shall permit the required vehicular use area perimeter trees to be located in the right-of-way only if there is sufficient area for such trees to grow to maturity.
(7) Existing Landscape Material. Existing landscape material which is proposed to be used to fulfill landscape requirements shall be shown on the required plan, and any material in satisfactory condition may be used to satisfy these requirements in whole or in part when, in the opinion of the Division of Environmental Services such material meets the requirements and achieves the objectives of this Article. Existing healthy trees from Group "A" or "B" of the Plant List 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 twelve (12)-inch caliper tree surrounded by a minimum of one hundred fifty (150) square feet of landscape area may be substituted for two (2) new trees of the required minimum size; a twelve (12)-inch to twenty-four (24)-inch caliper tree surrounded by a minimum of two hundred fifty (250) square feet of landscape area may be substituted for three (3) new trees of the required minimum size; a twenty-four (24)-inch or greater caliper tree surrounded by a minimum of three hundred (300) square feet of landscape area may be substituted for four (4) new trees of the required minimum size.
(8) Landscaping at Driveway and Street Intersections. To ensure that landscape materials do not constitute a driving hazard, a "sight triangle" will be observed at all street intersections or intersections of driveways with streets as required by Section 3-2 herein.
(9) Joint Driveways and Common Vehicular Use Areas. Vehicular use area screening shall not be required between a vehicular use area and the adjoining property where a property line divides a driveway used for common access to two (2) or more properties nor when a final development plan for the properties has been approved by the Planning Commission.
(b) Interior Landscaping for Vehicular Use Areas. Any open vehicular use area containing five thousand (5,000) or more square feet of area, or fifteen (15) or more vehicular parking spaces, shall provide interior landscaping in addition to the previously required perimeter landscaping. Interior landscaping shall be peninsular or island types. Where a vehicular use area is altered or expanded to increase the size to five thousand (5,000) or more square feet of area, or fifteen (15) or more vehicular parking spaces, interior landscaping for the entire vehicular use area shall be provided and not merely to the extent of its alteration or expansion.
(1) Minimum Interior Landscape Area. The minimum interior landscape area shall be ten (10%) percent of the total vehicular use area, excluding loading, unloading, and storage areas in a Wholesale and Warehouse Business (B-4), Light Industrial (I-1), Heavy Industrial (I-2), or Economic Development (ED) zone.
(2) Minimum Interior Vehicular Use Area Tree Canopy. Tree canopy equal to or exceeding thirty (30) percent of the total vehicular use area shall be provided, including loading, unloading, and storage areas in a Wholesale and Warehouse Business (B-4), Light Industrial (I-1), Heavy Industrial (I-2), or Economic Development (ED) zone. In areas where overhead utilities prevent the use of canopy trees (Group A or B), understory trees (Group C) may be substituted. Trees shall have a clear trunk of at least eight (8) feet above the ground. Clustering is permitted within the interior landscape areas.
(3) Alternative Tree Locations for loading/unloading zones or storage areas in the Wholesale and Warehouse Business (B-4), Light Industrial (I-1), Heavy Industrial (I-2), or Economic Development (ED) zones - where required free canopy cannot be accommodated within the required vehicular use area interior landscape areas the remaining trees shall be planted elsewhere on the site.
(4) Location for Interior Landscape Areas.
a. A maximum distance of ninety (90) feet between interior landscape areas.
b. At the end of every row of parking there shall be an interior landscape area.
c. Every other row of double-loaded parking requires a continuous interior landscape area.
(5) Interior Landscape Area without Trees.
a. Minimum Area - Seventy-two (72) square feet as measured from front of curb.
b. Plant Material Required - Low shrubs, ground cover, herbaceous cover or native warm season grass to cover at least seventy-five (75%) percent at maturity.
c. Vehicle Overhang - Plant material other than groundcover shall be located at least three (3) feet from the back edge of curb, where vehicles overhang.
(6) Interior Landscape Area with Trees.
a. Minimum Area - One Hundred and forty-four (144) square feet per tree as measured from front of curb.
b. Minimum Top Soil Depth - Three (3) feet.
c. Plant Material Required - At least one canopy tree from Group A or Group B; in areas where overhead utilities prevent the use of canopy trees (Group A or B), understory trees (Group C) may be substituted. Trees shall be under planted with low shrubs, ground cover, herbaceous cover or native warm season grass to cover at least seventy-five (75%) percent at maturity.
d. Vehicle Overhang - Trees shall be located at least four (4) feet from the back edge of curb, where vehicles overhang.
(7) Landscaping for Service Structures. All service structures shall be fully screened except when located in an R-1, R-2, B-4, I-1 or I-2 zone or when located more than thirty-five (35) feet above the established grade. Service structures in the B-4, I-1 or I-2 zone shall be fully screened when located within one hundred (100) feet of any zone except B-4, I-1 or I-2. For the purpose of this Article, service structures shall include propane tanks, air-conditioning units and condensers, electrical transformers and other equipment or elements providing service to a building or a site.
(a) Location of Screening. A continuous planting, hedge, fence, wall, or earth mound shall enclose any service structure on all sides unless such structure shall be frequently moved, in which case screening on all but one (1) side is required. The average height of the screening material shall be one (1) foot more than the height of the enclosed structure, but shall not be required to exceed eight (8) feet in height. Whenever a service structure is located next to a building wall, perimeter landscaping material, or vehicular use area landscaping material, such walls or screening material may fulfill the screening requirement for that side of the service structure if that wall or screening material is of an average height sufficient to meet the height requirement set out in this section. Whenever service structures are screened by plant material, such material may count towards the fulfillment of required interior or perimeter landscaping. No interior landscaping shall be required within an area screened for service structures.
(b) Protection of Screening Material. Whenever screening material is placed around any trash disposal unit or waste collection unit which is emptied or removed mechanically on a regularly occurring basis, a fixed barrier to contain the placement of the container shall be provided within the screening material on those sides where there is such material. The barrier shall be at least eighteen (18) inches from the material and shall be of sufficient strength to prevent possible damage to the screening when the container is moved or emptied. The minimum front opening of the screening material shall be twelve (12) feet to allow service vehicles access to the container.
(8) Screening of Outdoor Storage Areas. All outdoor storage areas in the Wholesale and Warehouse Business (B-4), Light Industrial (I-1), Heavy Industrial (I-2), or Economic Development (ED) zones shall be screened by a solid wall or fence not less than six (6) feet in height.
(9) Innovative Design Landscape Plan. Interior landscaping requirements for vehicular use areas may be modified on a development plan without a variance in accordance with an Innovative Design Landscape Plan. An Innovative Design Landscape Plan shall be certified by a landscape architect licensed to practice in the State of Kentucky.
The plan may include, but is not limited to:
a. Green infrastructure elements above and beyond existing requirements;
b. Provisions for solar or alternative energy production;
c. Vegetated areas that do not meet one or more of the above regulations, but still achieve the basic objectives of these regulations.
The plan shall be reviewed and approved by the Landscape Review Committee; and a finding shall be made by the Planning Commission and noted on the Final Development Plan. Such finding shall state that the proposed interior landscaping for the vehicular use area utilizes innovative landscape design elements to promote public health and safety through the reduction of noise pollution, air pollution, visual pollution, air temperature, and artificial light glare in accordance with Article 18-1.
(Code 1983, § 18-3; Ord. No. 201-86 , § 1, 10-2-1986; Ord. No. 228-86 , § 1, 10-21-1986; Ord. No. 153-87 , § 1, 7-9-1987; Ord. No. 198-87 , § 1, 8-27-1987; Ord. No. 7-88 , § 1, 1-28-1988; Ord. No. 73-89 , § 1, 5-4-1989; Ord. No. 248-90 , § 1, 11-27-1990; Ord. No. 292-95 , § 1, 12-7-1995; Ord. No. 211-99 , § 1, 7-8-1999; Ord. No. 156-2004 , § 1, 7-2-2004; Ord. No. 29-2006 , § 3, 2-9-2006; Ord. No. 5-2010 , § 2, 1-14-2010; Ord. No. 124-2017, § 3, 8-31-2017; Ord. No. 113-2022, § 12, 10-27-2022; Ord. No. 095-2024, §§ 5, 6, 9-12-2024)
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