1187.05 OFF-STREET PARKING LANDSCAPING REQUIREMENTS.
   The following provisions are to be considered minimum landscaping requirements for the conditions defined herein. In cases in which respective zoning districts require greater yard setbacks, and/or landscaping, those requirements shall prevail.
   Wherever in any zoning district off-street facilities are provided for parking or any other vehicular uses as provided in Section 1187.02, such off-street facilities and land shall conform to the minimum landscaping requirements set forth in this section, except, that single and two-family residential uses on individual platted lots and multi-level parking structures shall be exempt from such requirements. All landscaped areas shall be protected from vehicular encroachment by curbs, wheel stops and other similar devices. Existing trees, as defined herein, may be used to meet the requirements of this section.
   (a)    Plant Material.
      (1)    Trees. All trees shall be species having an average mature spread or crown of greater than fifteen (15) feet in the Miami Valley area and having trunk(s) which can be maintained in a clean condition over five (5) feet of clear wood. Trees having an average mature spread or crown less than fifteen (15) feet may be substituted by grouping the same so as to create the equivalent of a fifteen (15) foot crown spread. Tree species shall be a minimum of eight (8) feet overall height immediately after planting. Trees of species whose roots are known to cause damage to public roadways or other public works shall not be planted closer than six (6) feet to such public works, unless the tree root system is completely separated by a barrier.
      (2)    Shrubs and hedges. Shrubs shall be a minimum of two (2) feet in height when measured immediately after planting. Hedges, where required, shall be planted and maintained so as to form a continuous, unbroken, solid visual screen within a maximum of one (1) year after time of planting. Plant spacing will be three (3) feet on center at installation.
   (b)    Development Standards.
      (1)    Required landscaping adjacent to public right of way. On any parcel providing an off-street parking area or other vehicular use area in excess of three thousand (3,000) square feet or ten (10) spaces, where such area will not be entirely screened visually by an intervening building or structure from any abutting right of way, excluding alleys, there shall be provided landscaping between such area and such right of way as follows:
         A.    A strip of land at least ten (10) feet in depth located between the abutting right of way and the off-street parking area or other vehicular use area which is exposed to an abutting right of way shall be landscaped to include an average of one (1) tree for each fifty (50) linear feet or fraction thereof. Such trees shall be located between the abutting right of way and off-street parking area or other vehicular use area.
         B.    In addition, a hedge, wall or other opaque durable landscape barrier of at least two (2) feet in height shall be placed along the entire length of such landscaped area. If such opaque durable barrier is of nonliving material, for each ten (10) feet thereof, an average of one (1) shrub or vine shall be planted abutting such barrier but need not be spaced ten (10) feet apart. Such shrubs or vines shall be planted along the street side of such barrier unless they are of sufficient height at the time of planting to be readily visible over the top of such barrier. The remainder of the required landscaped areas shall be landscaped with grass, ground cover or other landscape treatment.
      (2)    Required landscaping adjacent to interior property lines. On any parcel providing an off-street parking area or other vehicular use area, there shall be provided landscaping between such area and such property line as follows:
         A.    Where such area abuts property zoned or, in fact, used primarily for residential or institutional purposes that portion of such area not entirely screened visually by an intervening structure or existing conforming buffer from an abutting property, there shall be provided a landscaped buffer. Such landscaped buffer shall be located between the common lot line and the off-street parking area or other vehicular use area exposed to the abutting property so that the purpose of screening the off-street parking area or other vehicular use area is accomplished. The vertical requirement for such landscaped buffer area may be reduced to not less than three (3) feet where the only vehicular use area to be screened is a driveway not exceeding ten (10) feet in width.
         B.    In addition, an average of one (1) tree shall be provided for each fifty (50) lineal feet of such interior property line or fractional part thereof. Such trees shall be located between the common lot line and the off-street parking area or other vehicular use area. Each such tree shall be planted in at least 150 square feet of planting area with a minimum dimension of at least eight (8) feet. Each such planting shall be landscaped with grass, ground cover or other landscape material excluding paving in addition to the required tree.
         C.    Where such area abuts a dedicated alley or property zoned and, in fact, used for office, commercial or industrial purposes and exceeds 3,000 square feet or ten (10) spaces, only the tree provision with its planting area as prescribed in this subsection shall be required.
      (3)    Required vehicular use area interior landscaping.
         A.    Off-street parking areas in excess of 3,000 square feet or ten (10) spaces shall have at least ten (10) square feet of interior landscaping for each parking space excluding those spaces abutting a perimeter for which landscaping is required by other sections thereof.
         B.    Each separate landscaped area shall contain a minimum of 150 square feet and shall have a minimum dimension of at least eight (8) feet and shall include at lease one (l) tree, with the remaining area adequately landscaped with shrubs, ground cover or other landscaping material. The total number of trees shall not be less than one (1) for each 100 square feet or fraction thereof of required interior landscaping area. Such landscaped areas shall be located in such a manner as to divide and break up the expanse of paving and at strategic points to guide traffic flow and direction.
         C.    The front of a vehicle may encroach upon any interior landscaped area or walkway when such area is at least three and one-half (3- 1/2) feet in depth per abutting parking space and protected by motor vehicle stops or curbing. Two (2) feet of such landscaped area or walkway may be part of the required depth of each abutting parking space.
      (4)    Sight distance for landscaping adjacent to public rights of way and points of access. When an accessway intersects a public right of way, all landscaping shall provide unobstructed cross-visibility at a level between two and one-half (2-1/2) and six (6) feet within the areas of property on both sides of an accessway formed by the intersection of each side of the accessway and public right-of-way lines with two (2) sides of each triangle being ten (10) feet in length from the point of intersection and the third side being a line connecting the ends of the two (2) other sides; provided that trees having limbs and foliage trimmed in such a manner that no limbs or foliage extend into the cross visibility area shall be allowed, and further provided they are located so as not to create a traffic hazard. Landscaping, except required grass or ground cover, shall not be located closer than three (3) feet from the edge of any accessway pavement.
   (c)    Applicability. The provisions of this section shall apply to all new off-street parking or other vehicular use area. At such time as existing off-street parking or other vehicular use areas are enlarged or expanded, such provisions shall apply to the previous existing areas as well as the new area. Any appeal from an administrative determination relating to these regulations shall be to the Board of Zoning Appeals. Prior to issuing occupancy permits for new construction, implementation and completion of landscaping requirements in off-street vehicular facilities shall be required. Where a conflict exists between the strict application of this section and the requirements for number of off-street parking spaces or requirements for off-street loading facilities as found in the schedule of off-street parking and loading requirements, the requirements of this section shall supersede the Schedule.
   (d)    Time of Completion. All tree plantings and planting screens required by this Zoning Code shall be installed prior to occupancy or commence of use. Where compliance with the preceding sentence is not possible because of the season of the year, the Zoning Administrator shall grant an appropriate delay, but shall issue no permanent zoning compliance certificate or certificate of occupancy until completion of all required plantings. Any zoning compliance permit or certificate of occupancy may be revoked, after thirty (30) days written notice to the person assessed for taxes on the affected lot and to the occupant, whenever planting screens or required tree plantings are not maintained as required by this Zoning Code. (Ord. 1069-94. Passed 4-28-94.)