The Zoning Administrator, upon request by an applicant, shall have the authority to approve an alternate landscape plan prepared in accordance with the following requirements:
(A) Redistribution of plant materials. The Zoning Administrator may approve a redistribution of plant materials required for perimeter yard landscaping to other locations on the lot, or, a redistribution of plant materials required for a foundation landscaping area to other locations on the lot. The Zoning Administrator shall not have the authority to modify the landscape requirements of this subchapter pertaining to required residential bufferyards.
(B) Credit for preservation of existing trees and vegetation. In order to encourage the preservation of existing trees and vegetation, the Zoning Administrator may approve a preservation landscape plan which utilizes the designation of 1 or more “Tree Save Areas” in lieu of new plantings within a required yard, a required residential bufferyard, a required foundation landscaping area, or an interior parking area island. The preservation landscape plan shall:
(1) Demonstrate that sufficient trees or vegetation shall be preserved to equal or exceed the level of screening required by the basic provisions of this subchapter; and
(2) Provide that, in the event trees designated for saving in the “Tree Save Area” are damaged or die within 3 years of completion of construction on the site, replacement trees shall be planted in the designated “Tree Save Area” sufficient to provide landscaping which is, at a minimum, equivalent to the minimum requirements of this subchapter for new plantings.
(C) Alternatives for front yard, side yard, and rear yards in all Commercial/Town Center Districts, Industrial Districts, Residential Districts for multifamily dwellings and along a limited access highway. In order to provide flexibility and creativity in landscape designs, the Zoning Administrator may approve the following plant substitutions in a required front yard, side yard, or rear yard.
(1) Hedge plants or shrubs may be substituted for a maximum of 25% of the required number of shade trees (rounded down to the nearest whole number) at a rate of 10 hedge plants or shrubs for each shade tree so replaced.
(2) Hedge plants or shrubs may be substituted for a maximum of 25% of the required number of ornamental trees (rounded down to the nearest whole number) at a rate of 6 hedge plants or shrubs for each ornamental tree so replaced.
(3) Evergreen trees may be substituted for ornamental trees at a rate of 1 evergreen tree for each ornamental tree so replaced.
(4) Evergreen trees may be substituted for shade trees at a rate of 3 evergreen trees for every 2 shade trees so replaced.
(5) Ornamental trees and shade trees may be substituted with each other at a rate of 3 ornamental trees for every 2 shade trees.
(6) Evergreen trees (narrow spread) may be substituted for evergreen trees at a rate of 3 evergreen trees (narrow spread) for each evergreen tree.
(D) Residential bufferyard landscaping alternatives. In order to provide flexibility and creativity in landscape designs, the Zoning Administrator may approve the following plant substitutions in a residential bufferyard.
(1) Hedge plants or shrubs may be substituted for a maximum of 10% of the required number of evergreen trees (rounded down to the nearest whole number) at a rate of 10 hedge plants or shrubs for each evergreen tree so replaced.
(2) Ornamental trees may be substituted for a maximum of 10% of the required number of evergreen trees (rounded down to the nearest whole number) at a rate of 1 ornamental tree for each evergreen tree so replaced.
(3) Shade trees may be substituted for a maximum of 10% of the required number of evergreen trees (rounded down to the nearest whole number) at a rate of 1 shade tree for each evergreen tree so replaced.
(4) Evergreen trees (narrow spread) may be substituted for a maximum of 10% of the required number of evergreen trees (rounded down to the nearest whole number) at a rate of 4 evergreen trees (narrow spread) for each evergreen tree.
(5) In no case shall the total combined percentage of hedge plants or shrubs, shade trees, ornamental trees, or evergreen trees (narrow spread) which are substituted for evergreen trees exceed 25%.
(E) Foundation landscape alternatives. In order to provide flexibility and creativity in landscape designs, the Zoning Administrator may approve a foundation landscape plan which includes any combination of shade trees, ornamental trees, evergreen trees, or hedge plants/shrubs, provided that the total amount of plant materials along the building remains proportional to the base requirements of § 152.188(B).
(F) Parking area screening alternatives. In order to provide flexibility and creativity in landscape designs, the Zoning Administrator may approve a parking area screening plan which includes hedge plants or shrubs in combination with an ornamental or decorative fence, a masonry wall, or an earthen berm, provided that:
(1) Between a front building line and a front lot line:
(a) The ornamental or decorative fence or masonry wall is not less than 24 inches in height nor more than 36 inches in height, with an open space percentage equal to or less than 70%; or
(b) The earthen berm is not less than 24 inches in height nor more than 36 inches in height; or
(2) Between a side building line and any required side residential bufferyard or between a rear building line and any required rear residential bufferyard:
(a) The ornamental or decorative fence or masonry wall is not less than 3 feet in height nor more than:
1. Six feet in height if the open space of the fence is less than 20%; or
2. Ten feet in if the open space of the fence is 20% or greater; or
(b) The earthen berm has a minimum height of not less than 4 feet and a maximum height not to exceed 10 feet; and
(3) The total number of shrubs/hedge plants shall not be reduced by more than 50% of the number of shrubs/hedge plants required in § 152.190, above.
(G) Fence, wall, or berm alternatives. In order to provide flexibility and creativity in landscape designs, the Zoning Administrator may approve a fence, wall, or berm installed in compliance with the following regulations as a substitute for up to 50% of the number of shade trees, ornamental trees or evergreen trees required to be installed in a perimeter yard or residential bufferyard pursuant to § 152.187.
(1) Fence or wall in a front yard or front residential bufferyard. An ornamental, decorative fence or masonry wall may be used in conjunction with the landscaping required in a front yard, front residential bufferyard, or in a Residential District for a special exception use, provided the fence or wall used in a front yard shall:
(a) Maintain a minimum height of 3 feet with a maximum open space of 20%;
(b) Not exceed 3 feet in height if the open space of the fence is less than 20%; or
(c) Not exceed 4 feet in height if the open space of the fence is less than 50% but greater than 20%.
(2) Fence or wall in a side yard, rear yard, side residential bufferyard, rear residential bufferyard, or in Residential Districts for special exception uses. An ornamental, decorative fence or masonry wall may be used in conjunction with the landscaping in a required side yard, rear yard, side residential bufferyard, rear residential bufferyard or in a Residential District for a special exception use, provided the fence or wall shall not exceed:
(a) Maintain a minimum height of 6 feet with a maximum open space of 20%;
(b) Six feet in height if the open space of the fence is less than 20%; and/or
(c) Ten feet in height in any Commercial/Town Center District or Industrial District if the open space of the fence is less than 50% but greater than 20% or greater.
(3) Berm regulations.
(a) Berm in a front yard or front residential bufferyard. An undulating earthen berm, may be used in conjunction with the landscaping required in a front yard, front residential bufferyard or in a Residential District for a special exception use, provided the berm shall have a maximum height not to exceed:
1. Residential District or Commercial/Town Center District: 3 feet; or
2. Industrial District: 6 feet.
(b) Berm in a side yard, rear yard, side residential bufferyard, or rear residential bufferyard. An undulating earthen berm may be used in conjunction with the landscaping in a required side yard, rear yard, side residential bufferyard, rear residential bufferyard, or in a Residential District for a special exception use, provided the berm shall have a minimum height of not less than 4 feet and a maximum height not to exceed 10 feet.
(c) Construction of berm. A berm utilized as a landscaping element shall be constructed in accordance with the following regulations:
1. Each berm shall have a minimum crown width of 2 feet;
2. Each berm shall have a side slope of not greater than 3 feet horizontal to 1 foot vertical (3:1);
3. Each berm shall be planted and covered with live vegetation; and
4. A retaining wall may be used on the side of the berm facing away from the public right-of-way or away from the side lot line or rear lot line.
(d) General regulations for a fence, wall, or berm. A fence, wall, or berm may be used as an element of a landscape plan subject to the following regulations.
1. Location of fence, wall, or berm. A fence, wall, or berm shall be located in such a manner as to not interfere with any regulations of clear sight area requirements in § 152.020.
2. Design of fence, wall, or berm. A fence, wall, or berm shall be designed to not interfere with any walkway or pedestrian/bikeway system serving the site.
(H) Interior landscape island design alternatives. The Zoning Administrator may approve a design in which the area devoted to individual interior landscape islands may be aggregated into 1 or more larger landscape islands. When aggregated into 1 or more larger landscape islands, such larger landscape islands shall, at a minimum, include the number of trees and area of landscaping as required for individual interior landscape islands, and shall function to: preserve existing trees; create boulevard treatments; create landscape features; create common open space areas for passive recreational activities; or define vehicular and pedestrian traffic patterns.
(I) Appeals. If the Zoning Administrator disapproves of a proposed alternative landscape plan, the applicant may, within 5 business days, appeal the Zoning Administrator’s decision by filing an administrative appeal with the Board of Zoning Appeals, stating the reasons and justification for the appeal. The petition shall be filed consistent with the provisions of § 152.367 and any applicable Rules of Procedure.
(Ord. 1221, § 8.01(i), passed 1-26-2010)