9-8-4: BUFFERS AND LANDSCAPING:
   A.   Open Space Landscaping; Statement Of Intent: The purpose of these landscaping requirements is to promote the health, safety and welfare of existing and future residents by establishing minimum standards for the protection of natural resources and the installation and continued maintenance of landscaping within the city. The city encourages creative landscape design. These requirements will be applied to all new development, redevelopment or building expansion projects. Minimum landscaping requirements will:
Provide greenery to visually soften paved areas and buildings;
Improve air and water quality;
Maintain permeable land areas essential to surface water management and the conservation of lakes, ponds and lagoon;
Reduce air, noise, heat and chemical pollution through the biological filtering capacities of trees and other vegetation;
Screen certain unsightly equipment or materials from the view of persons on public streets or adjoining properties and buffer uncomplementary land uses;
Promote energy conservation through the creation of shade, reducing buildings' heat gain;
Provide habitat for wildlife;
Encourage the preservation and stabilization of wetland and other natural habitats;
Maintain property values;
Generally enhance the quality and appearance of developed properties within the city.
      1.   Landscape Plan Required: A landscape plan shall be required whenever landscaping or alteration of existing landscaping is required by this title, "Unified Development", and shall be submitted at the time of site plan approval for multi-family, commercial, industrial or public use developments, or at the time improvement plans are submitted prior to final map approval for subdivisions.
Two (2) sets of drawings shall be submitted to the planning and redevelopment division at the time of site plan review or with improvement drawings for subdivisions prior to final map approval. Such landscape plans shall conform to the requirements specified in this chapter. Landscape plans shall be prepared by a Nevada licensed landscape architect, architect, engineer, or landscape contractor (for own work).
      2.   Landscape Plan Contents: Landscape plans submitted for approval shall be drawn to a standard engineer's or architect's scale on twenty four inch by thirty six inch (24" x 36") sheets, and shall include the following components:
         a.   Location and dimensions of all existing and proposed structures, property lines, easements, parking lots and drives, roadways and rights of way, sidewalks, ground signs, refuse disposal and recycling areas, fences, walls, parking areas, electrical equipment, recreational areas, and other freestanding structural features;
         b.   Location, quantity, size, botanical and common names of all proposed plants;
         c.   Location of existing buildings, structures, and plants on adjacent property within twenty feet (20') of the site;
         d.   Proposed berming;
         e.   Elevations and cross sections of all proposed fences and retaining walls;
         f.   Summary data indicating the total area of property and percentage of the site devoted to landscape area; and
         g.   The source, supply, and point of connection for irrigation water.
      3.   Design Standards: Landscape plans shall incorporate the design standards set forth in this section and shall be evaluated and approved based on compliance therewith.
         a.   Landscape plans shall incorporate water conserving design which includes appropriate soil, soil amendments to absorb and retain water and encourage the formation of deep root systems, mulch, drainage, and microclimates, and includes groupings of plants with similar water requirements on an irrigation line.
         b.   The scale and nature of landscaping materials shall be appropriate to the size of the structures on the premises and character of the location.
         c.   Plants shall be selected for form, texture, color, pattern of growth and adaptability to local conditions. Plants shall be of good quality, and capable of withstanding the extremes of individual site microclimates. The mature height and spread of plants shall be taken into account during selection. Tree and plant species provided to meet the landscaping and screening standards of this section shall comply with the city of Mesquite long range master plan.
         d.   Plants may be selected from the Clark County plant list, or the Southern Nevada water authority's "Water Smart Landscapes Program" plant list. Both lists are available in the Mesquite planning and redevelopment division office, and online at the city's home page at www.mesquitenv.com. See also subsections I and J of this section for a list of prohibited and discouraged plant species.
         e.   Plants shall be placed intermittently against long expanses of building walls, fences, and other barriers to create a softening effect.
         f.   Detention/retention basins and ponds shall be landscaped where possible. Such landscaping may include shade and ornamental trees, evergreens, shrubbery, turf, and ground cover.
         g.   The selection and orientation of plant material on the south and west sides of buildings is preferred to promote energy conservation and solar gains.
         h.   Whenever practical, earthen berms and existing topographic features shall be incorporated into the landscape treatment of a site, particularly when combined with plant material to facilitate buffering.
         i.   Landscape design shall recognize the climatic and geologic limitations of the Mesquite city area and the need for water conservation. While irrigation systems are required for certain landscape areas, and may be desirable for other applications, all irrigation systems shall be designed to minimize the use and runoff of water.
            (1)   All areas to be landscaped with sod, seed, and hydroseed shall have sprinklers and/or an irrigation system. All other landscaped areas shall be provided with drip irrigation systems.
         j.   Landscape plans shall address all applicable sight visibility concerns, including the location of traffic control signs and devices, sight visibility zones, and adequate spatial considerations for the (future) size and spread of plant materials at maturity.
      4.   Plant Size: Minimum plant sizes shall be as follows:
         a.   Tree Sizes: All tree sizes shall fall between the minimum and maximum allowable plant sizes for a twenty four inch (24") box (#25 container) as specified in the "American Standard For Nursery Stock".
         b.   Evergreen Trees: All evergreen trees (including palms) shall have a minimum height at time of planting of six feet (6') measured from finished grade to the top of the plant.
         c.   Shrubs: All shrubs shall have a minimum height or spread of eighteen inches (18") depending on the plant's natural growth habitat. Shrubs planted to satisfy the standards of this section shall have a minimum container size of five (5) gallons.
         d.   Ground Covers: Ground covers shall have a minimum container size of one gallon.
         e.   Ground Treatments:
            (1)   Rock Mulch: Rock mulch shall be installed and maintained at a minimum depth of two inches (2") and a maximum depth of four inches (4") on all planted areas except where ground cover plants are fully established.
            (2)   Grass Seed And Sod: Turf areas shall be planted with species suitable as permanent lawns in Mesquite. Turf areas may be sodded or seeded. Additional maintenance shall be provided until coverage is complete. Ground covers suitable for the soil and climate conditions of the area may be approved within required landscape areas.
            (3)   Other: Other ground covers suitable for the soil and climate conditions of the area may be approved with required landscaped areas.
      5.   Landscape Planting Area: Open space landscaping area shall be provided in accordance with the following schedule of requirements:
   Table 9-8:1
   Minimum Landscaping Requirement
   By Zoning District (Percent Of Lot)/Maximum
   Percentage Of Lot Used As Decorative "Hardscape"
   Table 9-8:1
   Minimum Landscaping Requirement
   By Zoning District (Percent Of Lot)/Maximum
   Percentage Of Lot Used As Decorative "Hardscape"
Single-family
Not required
Multi-family
20/5
RV park
20/5
Manufactured home subdivision
Not required
Commercial
15/5
Professional/business office
15/5
Industrial
15/5
Hotel-tourist
15/5
Resort hotel
25/10
Public facilities
15/5
Mobile home
20/5
 
      6.   Hardscape: A certain percentage of required landscaping, as noted in table 9-8:1 of this section may include decorative walkways (not including required sidewalks), play areas, improved pads for barbecues, picnic areas, sports facilities, pools, fountains, courtyards, plazas, or other functional amenities.
      7.   Location Of Open Space Landscaping: Plant units required pursuant to this section shall be installed in required front and street side setback areas to the maximum extent possible.
      8.   Plant Units: At least one tree and three (3) shrubs shall be provided per each five hundred (500) square feet of required front and side setback.
      9.   Planned Unit Developments: Planned unit developments are required to submit a landscape plan of their open space with the final map of each subdivision.
      10.   Residential Front Yard Landscaping:
         a.   Multi-family, commercial, and industrial parcels must comply with this section, "Buffers And Landscaping", and subsection 9-8-2A9, "Unimproved Disturbed Ground", of this chapter. Existing structures built and occupied prior to January 1, 2002, that are without landscaping in the front yard may be granted a twelve (12) month grace period for landscaping installation upon written notice from the planning and redevelopment department.
         b.   Single-family home front yards must be landscaped, with at least ground cover materials, within sixty (60) days of occupancy. Existing structures built and occupied prior to January 1, 2002, that are without landscaping in the front yard may be granted a twelve (12) month grace period for landscaping installation upon written notice from the planning and redevelopment department.
   B.   Perimeter Landscape Buffer:
      1.   Applicability: Perimeter landscape buffers shall be provided abutting street rights of way and parcels abutting developing site in accordance with the standards of this subsection.
      2.   Buffer Width: The minimum width of required landscape buffers shall be as follows:
   Table 9-8:2
   Landscape Buffer Yard Requirements
Multi-Family, RV, Mobile Home Zoning Districts
Professional/ Business Office Zoning Districts
Commercial, Public Facility, Hotel- Tourist Zoning Districts
Industrial Zoning Districts
   Table 9-8:2
   Landscape Buffer Yard Requirements
Multi-Family, RV, Mobile Home Zoning Districts
Professional/ Business Office Zoning Districts
Commercial, Public Facility, Hotel- Tourist Zoning Districts
Industrial Zoning Districts
Adjacent to arterial street 100 foot ROW1
25 feet
25 feet
25 feet
25 feet
Adjacent to collector street 61 foot to 80 foot ROW1
20 feet
20 feet
20 feet
20 feet
Adjacent to local street 60 feet or less ROW2
10 feet
10 feet
10 feet
10 feet
Adjacent to residential zoning district3
10 feet
15 feet4
15 feet4
15 feet4
Adjacent to nonresiden-
tial zoning district
5 feet
5 feet
5 feet
5 feet
Notes:
Parcels Less Than 200 Feet Deep: The buffer width on such parcels may be reduced up to 10 feet off the street right of way requirement, but in no case can the buffer width be less than 5 feet.
Parcels With Physical Constraints: Buffer width may be reduced up to 50 percent by the planning and redevelopment director when necessary to accommodate unique site conditions or physical constraints, provided that any reduction is offset by greater buffer widths in nonconstrained areas, such that the "average" buffer width complies with the minimum requirement. Such deviations shall be noted on the plans, with a justification as to why the deviation is requested.
1.   Buffer width measured from back of curb. Landscape buffer includes 5 foot sidewalk.
2.   Buffer width measured from back of sidewalk.
3.   Buffer requires 24 inch box trees planted no more than 20 feet on center, or an equivalent number of trees with irregular spacing. The species of tree shall be one with mature height and canopy width between 20 and 25 feet.
4.   A solid masonry or concrete wall with a minimum height of 6 feet and a maximum height of 8 feet shall be provided to screen nonresidential zoning districts from adjoining residential districts. Walls adjoining the front yards or street side yards of adjoining residential lots shall not exceed 30 inches in height.
 
      3.   Plant Material: Unless otherwise expressly stated, a minimum of one shrub shall be provided per three (3) linear feet of landscape buffer. A minimum of one tree shall be provided per twenty five (25) linear feet of landscape buffer. All landscape plant areas that are not dedicated to trees or shrubs shall be landscaped with grass, ground cover, or other appropriate landscape treatment in accordance with this section.
      4.   Parking Area Screening:
         a.   All off street parking areas serving nonresidential uses and containing five (5) or more spaces shall be screened from view of all adjacent residential districts by a solid, decorative concrete, wood, or masonry wall. The fence or wall shall have a minimum height of six feet (6'), except that the height of a wall adjoining required front setback in a residential district shall not exceed thirty inches (30"). Required landscape buffers shall be located on the outside of the fence or wall, but entirely located on the parcel that is being developed, unless an existing wall separates the applicant's property from an adjoining property. In such event, the planning and redevelopment director will determine whether or not the outside buffer is necessary to accomplish the purpose of this section.
         b.   All carports or open parking areas serving residential uses and containing five (5) or more spaces shall be screened from all adjacent residential districts by a solid, decorative wall or fence with a minimum height of six feet (6'). The height of a wall or fence adjoining a required front setback in a residential district shall not exceed thirty two inches (32"). The only exception is a chainlink or wrought iron picket fence with a maximum height of four feet (4'), which may be located in a front or corner side setback. Chainlink or wrought iron must not restrict visibility within corner of driveway sight zones. Required landscape buffers shall be located on the outside of the fence or wall, but entirely located on the parcel that is being developed.
      5.   Driveways: Necessary driveways from the public right of way shall be permitted to run through all required landscaping; however, the required driveway sight zones and corner lot sight zones required in subsections 9-8-2C6 of this chapter and 9-9-7D of this title shall be maintained.
   C.   Parking Lot Landscaping:
      1.   Applicability: The interior parking lot landscaping standards of this section shall apply to all off street parking lots containing five (5) or more off street parking spaces. They shall not apply to vehicle/equipment storage lots or vehicle and equipment sales lots.
      2.   Terminal Islands: Landscape terminal islands shall be provided at the end of each parking row. Terminal islands shall have a minimum interior dimension of at least five feet (5') in width and fifteen feet (15') in length. At least one tree shall be provided within each terminal island. All tree planting areas shall have a minimum width of seven feet (7').
      3.   Divider Medians: Divider medians that form a continuous landscaped strip may be installed between abutting rows of parking spaces. The minimum width of divider medians shall be five feet (5') if wheel stops or raised curbs prevent vehicle overhang of the median. If vehicle overhang is allowed, the minimum width shall be eight feet (8'). All tree planting areas shall have a minimum width of seven feet (7').
      4.   Plant Units:
         a.   Each parking space within an off street parking area shall be located within forty feet (40') of a tree (measured from the tree trunk to the outer perimeter of the parking space).
         b.   All landscape planting areas that are not dedicated to trees or shrubs shall be landscaped with ground cover or other appropriate landscape treatment. No turf shall be allowed within the parking lot landscaped areas.
   D.   Mechanical Equipment Screening:
      1.   Applicability: The mechanical equipment screening standards of this section shall apply to all of the following:
         a.   Electrical and gas powered mechanical equipment;
         b.   Duct work and major plumbing lines used to heat, cool or ventilate; and
         c.   Power systems for the building or site upon which the equipment is located.
      2.   Screening Standards: For all developments other than single-family residential, the following mechanical screening standards shall apply to the maximum practical extent. If full compliance with these standards cannot be achieved, an alternative screening plan may be approved in accordance with subsection D3 of this section.
         a.   Roof Mounted Mechanical Equipment: Roof mounted mechanical equipment shall be screened by a parapet wall or similar structural feature that is an integral part of the building's architectural design. The parapet wall or similar structural feature shall be of a height equal to or greater than the height of the mechanical equipment being screened.
         b.   Wall Mounted Mechanical Equipment: Wall mounted mechanical equipment that protrudes more than six inches (6") from the outer building wall shall be screened from view by structural features that are compatible with the architecture or the subject building. Wall mounted mechanical equipment that protrudes six inches (6") or less from the outer building wall shall be designed to blend with the color and architectural design of the subject building.
         c.   Ground Mounted Mechanical Equipment:
            (1)   Ground mounted mechanical equipment shall be screened from view by a decorative wall, vegetative screen, or other design concept approved by the city as a part of its architectural review, that is compatible with the architecture and landscaping of a development site. The wall shall be of a height equal to or greater than the height of the mechanical equipment being screened.
            (2)   To prevent damage to power equipment and high power vaults, a five foot (5') buffer of desert landscaping shall surround each vault and equipment pad. Irrigation shall be directed away from such facilities. This requirement shall appear on all new construction drawings on the general notes page.
      3.   Alternative Screening: Mechanical equipment that is not screened in full compliance with the screening standards of subsection D2 of this section shall be reviewed in accordance with the architectural review procedures of this section. As part of the architectural review, decision making bodies shall be authorized to approve alternatives to full compliance with the screen standards of subsection D2 of this section if the decision making body determines that any adverse visual impacts associated with the mechanical equipment have been mitigated to the maximum practical extent. Alternative screening methods may include, but shall not be limited to, increased setbacks, increased landscaping, grouping of equipment on specific portions of the site, painting or otherwise camouflaging the equipment.
   E.   Dumpster Screening:
      1.   Design And Other Specifications: Dumpsters or other trash receptacles shall be screened from public view as per section 4-2-2 of this code. Applicants shall be responsible for coordinating with the solid waste disposal provider on matters relating to appearance, quantity, interior dimensions, locations and access.
      2.   Setbacks: All enclosures shall be located a minimum of five feet (5') from residential zoning districts, and from the property lines of sites containing existing or proposed residential, school, licensed daycare, public and semipublic uses.
      3.   Screening Material: Deciduous and evergreen shrubs and/or trees shall be utilized around the dumpster to soften its appearance. Nothing, however, shall be done that inhibits or obstructs the collection of solid waste.
   F.   Loading And Access Areas; Design And Screening: Commercial and industrial buildings with rear or side vehicular access shall maintain adequate room for loading docks, loading spaces, customer pick up areas, trash enclosures (and their setbacks), vaults, transformer pads, other utility service boxes, and all ground mounted mechanical equipment. Beyond the physical boundaries of the docks and other such adjacent circulation impediments, property owners shall provide and maintain a minimum setback of thirty four feet (34') from all property lines. Within this minimum thirty four foot (34') setback, the twenty four feet (24') closest to the building and its adjacent circulation impediments shall remain clear at all times, and the ten feet (10') nearest the property line shall be available for vaults, transformer pads and other aboveground utility service boxes. Areas within ten feet (10') of the property lines that are not used for utility boxes shall be landscaped with minimum six foot (6') high pine trees, planted fifteen feet (15') on center, or a continuous evergreen or deciduous shrub hedge. This shrub hedge shall have an expected mature height of not less than six feet (6') within three (3) years of planting. Alternative plant materials may be approved by the planning and redevelopment director, provided the alternative materials result in equivalent immediate and long term screening.
   G.   Permits And Enforcement:
      1.   Permits:
         a.   No permits shall be issued for building, paving, grading or construction until a detailed landscape plan is submitted, approved or bonded by the planning and redevelopment director. A conceptual or generalized landscape plan shall be shown as part of the site plan. Prior to the issuance of a certificate of occupancy for any building or structure, all screening and landscaping shall be in place, or bonded for, in accordance with the landscape plan.
         b.   In any case in which a certificate of occupancy is sought at a season of the year in which the planning and redevelopment director determines that it would be impractical to plant trees, shrubs or grass, or to lay turf, a temporary certificate of occupancy may be issued. Such temporary permit shall be conditioned upon the installation of all landscaping required by the landscaping plan within six (6) months of the date of the approval of the landscape plan.
         c.   Bonding shall be required for all landscaping improvements where occupancy permits are requested prior to landscaping installation. Bonds shall be subject to the requirements of section 9-6-6, "Completion Of Improvements; Improvement Agreements", of this title. Bonding for landscaping improvements shall be separate from the bond for civil improvements. Terms of the bond agreement shall specify the length of time allowed for the landscaping to be completed.
            (1)   The landscaping bond shall be computed at one dollar fifty cents ($1.50) per square foot of landscaping, unless the developer submits at least two (2) bids from licensed landscape contractors to be considered.
      2.   Nonconforming: If at any time after the issuance of a certificate of occupancy, the approved landscaping is found to be in nonconformance to the standards and criteria of this section, the planning and redevelopment director shall issue notice to the owner, citing the violation and describing what action is required to comply with this section. The owner, tenant or agent shall have thirty (30) days from date of said notice to restore the landscaping as required. If the landscaping is not restored within the allotted time, such person shall be in violation of these regulations.
   H.   Installation, Maintenance And Irrigation:
      1.   Installation:
         a.   General: All landscaping shall be installed according to sound nursery practices in a manner designed to encourage vigorous growth. Landscaping shall be installed by a Nevada licensed landscape contractor. All landscape material and irrigation improvements shall be in place prior to issuance of the final certificate of occupancy unless an extension is approved by the planning and redevelopment director and a deferred completion agreement is executed.
         b.   Root Guards: Trees planted within ten feet (10') of public improvements within the public right of way shall be protected by root guards, if determined by the public works director to be necessary.
         c.   Building Additions And Remodeling: For projects consisting primarily of additions to or remodeling of existing buildings for which landscaping is required, a deferred completion agreement shall be executed by the applicant and the planning and redevelopment director prior to the issuance of the building permit. The agreement shall include a commitment by the applicant to guarantee the installation of the landscape and irrigation improvements within one year or prior to occupancy, whichever occurs first.
      2.   Maintenance: Trees, shrubs, fences, walls, irrigation improvements and other landscape features depicted on plans approved by the city shall be considered elements of the project in the same manner parking, building materials and other details are elements of the plan. The landowner, or successors in interest, or agent, if any, shall be jointly and severally responsible for the following:
         a.   Regular maintenance of all landscaping and irrigation improvements in good condition and in a way that presents a healthy, neat, and orderly appearance. All landscaping shall be maintained free from disease, pests, weeds and litter. This maintenance shall include weeding, watering, fertilizing, pruning, mowing, edging, mulching or other maintenance, as needed and in accordance with acceptable horticultural practices;
         b.   The repair or replacement of required landscape structures (e.g., walls, fences) to a structurally sound condition; and
         c.   The regular maintenance, repair, or replacement, where necessary, of any landscaping required by this section.
      3.   Irrigation: Landscaping areas shall be irrigated as necessary to maintain required plant materials in good and healthy condition. Irrigation plans shall be submitted with development plans and shall contain all construction details for an automatic system. A backflow prevention device shall be provided in accordance with the Nevada Revised Statutes.
   I.   Prohibited Plant Materials:
      1.   Plants with an allergen potential:
 
European olive
Olea europaea (wilson/swan varieties acceptable)
Fruitless mulberry
Morus alba (fruitless)
 
      2.   Very weedy, high water usage:
 
Athel/salt cedar
Tamarix species
 
   J.   Discouraged Plant Materials:
      1.   Poisonous species:
 
Castor bean
Ricinus communis
Chinaberry
Melia azedarach
Oleander
Nerium oleander
 
      2.   Plants with maintenance problems:
All willow species
Salix species (brittle wood, borers)
California laurel
Prunus caroliniana (borers, chlorosis)
California sycamore
Platanus racemosa (borers)
Chinaberry
Melia azedarach (brittle branches)
Deodara cedar
Cedrus deodara (poor growth)
Evergreen pear
Pyrus kawakamii (borers)
Fraser's photinia
Photinia X fraseri (chlorosis)
Leyland cypress
Cupressocyparis leylandii (borers)
Mimosa (silk tree)
Albizia julibrissin (borers)
Russian olive
Elaeagnus angustifolia (gradual decline)
Siberian elm
Ulmus pumila
 
      3.   Plants with demonstrated poor cold hardiness:
African sumac
Rhus lancea
All eucalyptus
Eucalyptus species
Blue palo verde
Cercidium floridum
Bottle tree
Brachychiton populneus
Carob tree
Ceratonia siliqua
Creeping acacia
A. redolens
Desert cassia
C. nemophila
Feathery cassia
Cassia artemisiodes
Foothill palo verde
C. microphyllum
Hopseed bush
Dodonaea viscosa
Leather leaf acacia
Acacia craspedocarpa
Lemon bottlebrush
Callistemon citrinus
Mexican honeysuckle
Justicia spicigera
Mexican primrose
Oenothera berlandieri
Mission cactus
Opuntia fiscus indica
Mojave yucca
Yucca achidigera
Mulga tree
Acacia anuera
Peruvian verbina
Verbina peruviana
Purple trailing lantana
Lantana montevidenis
Red desert bird of paradise
Caesalpinia pulchermima
Saguaro
Carnegiea gigantea
Shoestring acacia
Acacia stenophylla
Southwestern sweet acacia
Acacia minuta
Spanish bayonet
Yucca aloifolia
Weeping bottlebrush
Callistemon veminalis
Wirewood
Acacia coriaceae
Yellow trumpet flower
Tecoma stans var. angustata
 
(Ord. 339, 6-27-2006, eff. 8-15-2006)