§ 154.097 LANDSCAPING.
   (A)   General. All new construction shall include landscaping as an integral part of its design to compliment the natural environment and existing improvements contributing to the quality of life of the community. In particular, all multiple-family, commercial, church, institutional and public uses shall be landscaped with trees, ornamental shrubs and green areas according to the following standards. Where on-site detention of storm water is a development requirement, the required detention areas should be integrated into the overall landscape design plan and may, therefore, be included in the calculation of required area.
   (B)   Required area. The public right-of-way between the property line and the curb and not less than 5% of the total area of the lot shall be landscaped. At least 60% of the required landscape area shall be in the front or side yards and visible from a street providing access to the property. Inner courts not visible from a street shall not be calculated for the purposes of meeting this requirement.
   (C)   Landscape materials and plan.
      (1)   An application for a building permit shall be accompanied by a detailed landscaping plan which shall contain the following:
         (a)   The location and types of all plants;
         (b)   Provision for a live tree, having a minimum planted height of seven feet, for every 500 square feet of area required to be landscaped;
         (c)   Artificial grass or any form of synthetic plant shall not be included in calculations of materials necessary to meet the minimum requirements; and
         (d)   Rock gardens or sculptures may be approved, but the use of gravel or chat as ground cover shall not meet the requirements of this section.
      (2)   The plan shall respect sight triangles at intersections and all other elements related to traffic control. No plant material, including, but not limited to, trees and shrubs, that is more than two feet in height shall be permitted within a 25-foot sight triangle formed by the intersecting street curbs or paving edges.
      (3)   The landscape plan shall be reviewed as a part of the building permit review process.
   (D)   Landscaping installation required for occupancy. A certificate of occupancy for a structure or use shall not be issued until landscaping has been installed in accordance with the plan; provided, however, that if a structure and all its site improvements are complete except for the landscaping requirements and the season of the year will not permit planting, temporary occupancy may be permitted until a date certain in the growing season. In this case, a future inspection date shall be set by the city to determine that the landscaping has been installed for issuance of a permanent certificate of occupancy.
   (E)   Continuing maintenance. All landscaping shall be maintained in a live and healthy condition by the property owner. Failure to install or maintain landscaping as required and installed shall constitute a violation of this chapter.
(2002 Code, § 154.077) (Ord. 486, passed 5-12-2003)