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(A) Signs which by color, location, or design resemble or conflict with traffic control signs or signals, or obstruct the view of an intersection of a street or highway with a railroad crossing, or which are located upon, over or in any street right-of-way.
(B) Signs attached to light poles or standards.
(C) Portable signs.
(D) Signs which advertise activity, business, project, or service no longer conducted on the premises upon which the sign is located within six months of the end of the business activity. The Department of Planning and Development shall notify the property owner of this requirement approximately three months after the most recent business activity has ended.
(E) Signs that give the appearance of movement such as undulation, swinging, rotation, or oscillation by natural or artificial means including pennants, feather banners, streamers, strings of light bulbs, spinners, or other similar devices, except as permitted by this subchapter.
(F) Signs containing running lights give the illusion of movement or have moving parts except for barber poles. Electronic signs or lighting that flashes, scrolls, twirls, changes color, fades in or out, has transitional elements between copy changes, or in any manner imitates movement at any time.
(G) Roof signs.
(H) Off-premise signs, except as provided in this subchapter for temporary signs.
(I) Signs placed on vehicles or trailers which are parked or located for the primary purpose of displaying said sign.
(J) Motor vehicles whose apparent primary purpose is to advertise business. Motor vehicles engaged in the cartage or goods or the transport of passengers are exempt form this restriction.
(K) Inflatable images such as balloons, beer cans, gorillas, bunny, etc., except as provided § 159.167.
(L) Pole signs.
(M) Cabinet signs except as authorized elsewhere in this subchapter.
(N) External neon lighting or LED lighting either used as a part of a sign or distributed around a building or structure.
(O) Signs with decorative backers.
(P) Signs displayed for pay or other compensation.
(Q) Signs located within the public right-of-way (except traffic control and government information signs).
(R) Weekend directional signs.
(S) Window signs are prohibited except those areas located in the Downtown (DT) Zoning District.
(T) Signs more than 25 feet in height.
(U) Signs placed on private or public property without the consent of the owner, owner's representative, holder, lessee, trustee, or other party controlling the use of such property.
(V) Signs painted on, attached to, or maintained upon trees, rocks, or other natural features.
(Ord. 62-12-95, passed 1-22-96; Am. Ord. 5-2-02, passed 3-12-02; Am. Ord. 23-4-07, passed 5-15-07; Am. Ord. 56-11-07, passed 12-11-07; Am. Ord. 17-5-09, passed 6-9-09; Am. Ord. 31-9-10, passed 9-28-10; Am. Ord. 37-08-14, passed 9-9-14; Am. Ord. 32-07-19, passed 7-23-19) Penalty, see § 159.999
A legal non-conforming sign shall immediately lose its legal non-conforming status if:
(A) The sign is not kept in good repair and/or in safe condition for a period exceeding six months.
(B) The sign is relocated.
(C) The entire sign is replaced.
(D) The permit, variance, or condition under which the sign was allowed expires.
(E) The sign is altered to the following extent:
(1) Items of information are increased.
(2) The size of the sign is increased.
(3) Lights and/or other electronic features are added.
(4) The intensity of the lighting is increased.
(F) The use changes.
(G) The use is discontinued for six consecutive months.
(H) The building or other outdoor structure the sign is affixed upon is replaced or reconstructed.
(Ord. 23-4-07, passed 5-15-07; Am. Ord. 17-5-09, passed 6-9-09; Am. Ord. 41-9-09, passed 10-13-09; Am. Ord. 32-07-19, passed 7-23-19; Am. Ord. 41-11-20, 11-24-2020)
For Commercial and Industrial Districts Adjacent to or Across from Commercial or Industrial Districts | ||||||
LANES | 2 TO 4 | 4 DIVIDED | ||||
SPEED (MPH) | 15 - 25 | 30 - 40 | 45 - 55+ | 15 - 25 | 30-40 | 45 - 55+ |
Ground sign | 25 SF | 45 SF | 65 SF | 30 SF | 60 SF | 120 SF |
Designation sign (<500 foot frontage) | 37.5 SF | 67.5 SF | 97.5 SF | 45 SF | 90 SF | 180 SF |
Designation sign (>500 foot frontage) | 37.5 SF | 67.5 SF | 97.5 SF | 180 SF | 200 SF | 300 SF* |
HEIGHT | ||||||
Ground sign | 5 feet | 6 feet | 6 feet | 6 feet | 6 feet | 6 feet |
Designation sign | 10 feet | 12 feet | 16 feet | 25 feet | 25 feet | 25 feet |
* Designation signs of 300 square feet or greater shall be divided into two signs. The maximum area for any one of the two signs is 200 square feet. | ||||||
For Commercial and Industrial Districts Adjacent to or Across from Residential Districts | ||||||
LANES | 2 TO 4 | 4 DIVIDED | ||||
SPEED (MPH) | 15 - 25 | 30 - 40 | 45 - 55+ | 15 - 25 | 30- 40 | 45 - 55+ |
Ground sign | 20 SF | 30 SF | 40 SF | 25 SF | 45 SF | 80 SF |
Designation sign (<500 foot frontage) | 30 SF | 45 SF | 60 SF | 37.5 SF | 67.5 SF | 97.5 SF |
Designation Sign (>500 foot frontage) | 30 SF | 45 SF | 60 SF | 180 SF | 200 SF | 300 SF+ |
HEIGHT | ||||||
Ground sign | 5 feet | 6 feet | 6 feet | 6 feet | 6 feet | 6 feet |
Designation sign | 5 feet | 6 feet | 12 feet | 25 feet | 25 feet | 25 feet |
* Designation signs of 300 square feet or greater shall be divided into two signs. The maximum area for any one of the two signs is 200 square feet. | ||||||
(Ord. 17-5-09, passed 6-9-09; Am. Ord. 23-6-09,passed 6-23-09; Am. Ord. 12-2-11, passed 3-15-11; Am. Ord. 32-07-19, passed 7-23-19)
LANDSCAPING AND SCREENING
(A) The purpose of these regulations is to ensure environmentally sensitive site planning which further is intended to foster aesthetically pleasing developments by enhancing the biodiversity, reducing the atmospheric carbon, improving water quality, filtering the air and reducing toxic chemicals in the environment and increasing the compatibility of adjacent land uses so as to minimize the harmful impacts of noise, dust, headlight glare, artificial light intrusions, and other objectionable activities. These regulations are intended to promote the prudent use of water, energy resources, and sustainability through habitat preservation areas, wetlands, stream bank buffers, wooded areas, waterfront yards, and existing native vegetation and trees.
(B) Broader objectives include:
(1) Prohibit clear-cutting of property.
(2) Protect and increase the value of residential and non- residential properties within the city.
(3) Maintain and enhance a positive image for the attraction of new residential and nonresidential land uses to the city.
(4) Protect healthy quality trees and promote the natural, ecological, environmental, and aesthetic qualities of the city.
(5) Emphasize the importance of trees and vegetation as both physical and visual barriers.
(6) Maintain the moisture levels in the area of lands with natural tree cover.
(7) Prevent soil erosion.
(8) Minimize the cost of construction and maintenance of drainage systems necessitated by the increased flow and diversion of surface waters by facilitating natural drainage systems and amelioration of storm water drainage problems.
(9) Provide shade.
(10) Conserve natural resources.
(11) Enhance the habitat and food source for birds and other wildlife, which in turn controls the insect populations and maintains the balance of natural ecosystems.
(Ord. 64-11-08, passed 12-9-08; Am. Ord. 32-10-11, passed 11-15-11)
(A) Any application or an improvement location permit and certificate of occupancy shall require a landscape plan as described herein. No improvement location permit shall be issued without city approval of such landscape plan. Prior to the issuance of the FINAL certificate of occupancy, a certificate of compliance shall be issued for the landscaping including residential planned development's overall and individual lots, and all non-residential uses and structures as per this subchapter. All landscaping materials are to be guaranteed for a minimum of one year after the issuance of the certificate of compliance.
(B) Division (A) above, notwithstanding construction of individual single- and two-family dwelling units, shall comply with the following:
(a) Section 159.083.
(b) Section 159.085.
(c) Section 159.087.
(d) Requires sod in lawn areas
(2) Section 159.183.
(C) Failure to implement the landscape plan as approved, or failure to comply with requirements for single- and two-family lots shall be cause for revocation of the certificate of occupancy.
(D) Low Impact Development (LID) Stormwater BMP's may be incorporated into required landscaping (i.e. Bioretention, Rain Gardens, Bioswales, etc.) provided the site conditions make LID feasible and that the intent of the required landscaping is not compromised.
(E) Landscaping plans shall include provisions for the following types of landscaping, as applicable:
(1) Parking Lot Landscaping.
(a) Interior Parking Lot Landscaping.
(b) Perimeter Parking Lot Landscaping.
(2) Building Base Landscaping.
(3) Landscape Buffer Yard.
(4) Screening.
(F) All landscape plans shall contain the following information, unless specifically waived by the Director of Planning and Development.
(1) The location and dimensions of all existing and proposed structures, property lines, easements, parking lots and drives, roadways and rights-of-way, sidewalks, curbs, bicycle paths, ground signs, trash receptacle enclosures and recycling areas, bicycle parking areas, fences, freestanding electrical equipment, recreational facilities, power lines (identify type of line such as transmission), transformers, irrigation systems, and other freestanding structural features including structural Stormwater BMP's as determined necessary by the Director of Planning and Development.
(2) On the adjacent properties within 20-feet of the site, include the location of existing buildings, structures and plant materials, unless waived by the Director of Planning and Development. Include location, type, quantity, size, and name of plant materials.
(3) The location, type, quantity, size and name (both botanical and common), of all existing plant materials. The notation of all trees with a diameter of six inches or greater at a point four feet above grade, as well as details of the estimated canopy size, health, and whether the tree is to be retained or removed.
(4) The location, type, quantity, size and name (both botanical and common), of all proposed plant materials including but not limited to trees, shrubs, groundcover, annuals/perennials, and turf. The canopy spread shall be denoted on the plans for all trees.
(5) Existing and proposed grading of the site indicating contours at two foot intervals. Proposed berming shall be indicated using one foot contour intervals.
(6) Elevations of all fences and retaining walls proposed for location on the site.
(7) Elevations, cross-sections, and other details as determined necessary by the Director of Planning and Development.
(8) Summary data indicating the area of the site in the following conditions:
(a) Total area and percentage of the site in landscaped area.
(b) Total area and percentage of the site in domestic turf grasses.
(G) Where the required landscape area exceeds 1,000 square feet in aggregate, the landscape plan shall be prepared by a licensed landscape architect. A landscape contractor may prepare the landscape plan for either a ground sign application or a designation size application only.
(H) Landscaping shall not be located within drainage and/or utility easements. However, when landscaping is used as a Stormwater Best Management Practice (BMP), the BMP must be in an exclusive "BMP Easement" to prevent damage from other utility work or encroachments and/or from the space becoming reallocated for other purposes and to ensure perpetuity of the BMP. These BMPs are regulated under the Rule 13 Stormwater Program and required to be inventoried and inspected for compliance of maintenance and proper function. Drainage easements will usually adjoin a major LID practice to allow for overflow/high flow events and/or a 100-year flood event.
(I) The Director of Planning or his/her designee may allow required plant materials to be moved to alternate locations both on- and off-site, but only if there are site features or constraints that prevent installation of such materials in the required locations or it is determined that there is no appreciable improvement to the site by installing the landscape materials in the required locations. This may include the substitution of a particular type of plant material to another type of plant material. (Example: one ornamental grass as a substitute for one deciduous shrub). It should not include a shrub for a tree.
(J) Best Management Practice (BMP) can refer to structural measures (wetlands, ponds, sand filters, etc.) or non-structural measures (restrictive zoning, reduced impervious area, etc.). BMPs are designed for the benefit of water quality and quantity. All new construction under the Stormwater Rule 13 must provide Post- Construction BMPs. The BMPs that meet the required pollutant removal rate and are regulated under the Stormwater Rule 13 require MS4 review and approval, special easements, maintenance agreements, physical maintenance and inspections to ensure proper performance in perpetuity. Post-Construction BMPs are required to be inventoried and subject to inspections and maintenance.
(Ord. 64-11-08, passed 12-9-08; Am. Ord. 31-9-10, passed 9-28-10; Am. Ord. 32-10-11, passed 11-15-11; Am. Ord. 09-03-12, passed 3-27-12; Am. Ord. 22-06-13, passed 7-9-13)
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
“ANNUALS.” A plant that dies at the end of the growing season both above and below ground.
“BERM (MOUND).” A man-made landscape feature used for screening in which earth is piled up in irregular, round, oblong shapes. Berms do not have consistent crest elevations but are irregular, creating a more natural landscape feature.
“BIORETENTION FACILITIES (RAIN GARDENS).” A stormwater management system that uses soil and plants to absorb stormwater runoff and to capture pollutants. These are small landscaped basins intended to provide water quality management by filtering stormwater runoff before release into a storm drain system. (See Appendix H-3 "Stormwater Technical Standards Manual".)
“BIOSWALE.” A bioswale is a shallow depression created in the earth to accept and convey stormwater runoff. A bioswale uses natural means, including vegetation and soil, to treat stormwater by filtering out contaminants being conveyed in the water. (See Appendix H-3 "Stormwater Technical Standards Manual".)
“BRANCH.” An outgrowing shoot, stem or twig that grows from the main stem or trunk.
“BUFFERING.” Any means of protecting an area of land from the adverse visual and suitable effects of another area, which may include trees, shrubs, walls, fences, berms/mounds, space or related landscaping features required under the UDO for buffering lots, parcels, etc., from adjacent properties or public rights-of-way for the purpose of increasing visual shielding or other aspects of privacy or aesthetics.
“CALIPER.” The American Association of Nurserymen Standard for trunk measurement of nursery stock. Caliper of the trunk shall be taken six inches above the ground for up to and including four-inch caliper sizes, and 12 inches above the ground for larger trees.
“CANE.” A primary stem which starts at a point not higher than 1/4 the height of the plant.
“CANOPY COVER.” The percent of a fixed area covered by the crown of an individual plant species or delimited by the vertical projection of its outermost perimeter. Small openings in the crown are included.
“CONIFER.” Cone-bearing tree.
“CONSERVATION.” Protection, improvement, and wise use of natural resources according to principles that will assure utilization of the resource to obtain the highest economic and social benefits.
“CRITICAL ROOT ZONE.” The area of undisturbed natural soil around a tree defined by a horizontal circle drawn at grade with the center being the center of the trunk of the tree and a radius equal to the distance from the trunk to the outermost portion of the drip line.
“CROWN.” The portion of the tree comprising the branches.
“CROWN FORM (SHAPE).” The configuration crown of a standing tree or shrub - circle, triangle, parabola, rectangle, or horizontal ellipse.
“CROWN WIDTH (DIAMETER).” The span of the crown of a tree or shrub.
“CURB.” A concrete boundary marking the edge of a street or other paved area and providing for a change in grade between the street surface and the adjacent unpaved portions of the street right-of-way. To promote the use of LID, a continuous curb shall be avoided and curb breaks strategically placed to allow stormwater to flow into the Stormwater BMP.
“DECIDUOUS.” Plants that shed their leaves annually.
“DRIP LINE.” The vertical line encompassing the outermost portions of the tree canopy extending to the ground.
“EVERGREEN.” A plant having green leaves or needles throughout the entire year.
“FENCE.” A structure including entrance and exit gates or openings designed and constructed for enclosure or screening.
“GROUNDCOVER.” A species of low-growing plant used for the purpose of growing over an area of ground.
“GROWTH HABIT.” The mode or rate of growth, general shape, mature size, and branching structure of a plant including the changes that take place seasonally during its life cycle.
“INVASIVE PLANT SPECIES.” An alien species that is not native to the ecosystem under consideration and whose introduction does or is likely to cause economic or environmental harm or harm to human, animal, or plant health.
“LANDSCAPE AREA.” Areas on or adjacent to a lot or right-of-way or the perimeter of a development that are identified for application of landscaping regulations. Landscape areas include street tree plantings, parking lots including islands and perimeter, foundation planting areas, building base landscaping areas, peripheral buffer yard areas, LID Stormwater BMPs, and retention/detention pond areas.
“LANDSCAPE BUFFER YARD.” An area adjacent to the front, side, and rear property lines of a development, measured perpendicularly from and parallel to adjacent property lines and/or right-of-way lines, intended to provide attractive spaces to reduce the impacts of proposed uses on adjacent properties and rights-of-way, or to maintain natural features, or as required by the UDO. Buffers help to maintain existing trees and natural vegetation, to block or reduce noise, glare, or other emissions and to maintain privacy. Landscape buffer yards are in addition to and separate from front, side, and rear yard setbacks and such landscape buffer yards are not contained within any lots. This area is common area to be maintained by the property owners, homeowners association, developer(s) and/or another entity approved by the Director of Planning and Development.
“LANDSCAPE ISLAND.” A landscape area defined by a curb or edge of pavement and surrounded on all sides by pavement. To function as a LID Stormwater BMP, the landscape island shall be at a lower grade than the surrounding pavement and strategic breaks in the curbing shall allow drainage from pavement to enter into the recessed landscaping area.
“LANDSCAPE MATERIALS.” Trees, shrubs, grasses, plants, decorative fences, walls, berms, irrigation systems, flowerbeds, groundcover, and edging. Xeriscaping landscape materials are encouraged to function as LID Stormwater BMPs. Artificial trees, shrubs, grasses, plants, flowers, and groundcover are not considered landscape materials.
“LANDSCAPE PENINSULA.” A landscaped area defined by a curb or edge of pavement and surrounded by paving on three sides. To function as a LID Stormwater BMP, the landscape peninsula shall be at a lower grade than the surrounding pavement and strategic breaks in the curbing shall allow drainage from pavement to enter into recessed landscape area.
“LANDSCAPE PLAN.” A scaled drawing, prepared and signed by a licensed landscape architect or a landscape contractor, showing all plant materials including locations, sizes, species (botanical and common names) at the time of planting. The mature tree canopy size shall be included.
“LANDSCAPE, STRUCTURE (HARDSCAPE).” Decorative fence; walls; retaining walls; decorative rocks or pavers; fountains or like materials.
“LANDSCAPING.” The improvements of an area with trees, shrubs, grasses and other vegetation and/or ornamental objects. “LANDSCAPING” may include flowerbeds, berms, depressions for LID stormwater BMP's, fountains, and other similar and man-made objects designed and arranged to create an aesthetically pleasing effect.
“LOW IMPACT DEVELOPMENT (LID).” A land planning and engineering design approach with a goal of replicating the pre-development hydrologic regime of urban and developing watersheds. The primary goal of LID is to mimic a site's predevelopment hydrology by reducing the impervious surface, infiltrating, filtering, storing, evaporating, and detaining runoff close to its source.
“NATIVE PRAIRIE GRASSES.” A mixture of perennial grasses that historically populated the prairie ecosystem of the United States that contain no trees. The prairie grasses may vary by region.
“NATURAL AREAS.” Any critical area such as floodplains, wetlands, high tree concentrations, critical habitats that contain rare, threatened or endangered species, wooded slopes, wooded or partially wooded streams, woodlands, and riparian areas.
“PERENNIAL.” A plant that has a life-cycle lasting more than two years and survives during the winter by an underground root system.
“PLANT MATERIALS.” Trees, shrubs, native grasses, groundcover, perennials, and the like. Xeriscaping landscape materials are encouraged to function as LID Stormwater BMPs.
“PLANTING SEASON.” The spring and fall time periods during which new plant materials that are installed are most likely to survive the planting process. Generally, these periods are from April 15 to June 15 (spring) and October 15 to November 15 (fall). This does not prohibit the installation of plant materials during other times of the year.
“PERMEABLE PAVERS.” Any kind of pavement constructed of material that allows water to penetrate and drain into underlying soils.
“RAIN BARRELS.” A container that collects rainwater, managing rooftop runoff for residential structures.
“RAIN GARDEN.” See “BIORETENTION FACILITY”.
“REGISTERED LANDSCAPE ARCHITECT.” An architect, specializing in landscaping, properly licensed and registered in the State of Indiana or through reciprocity permitted to practice in the State of Indiana.
“ROOT PROTECTION ZONE.” Generally an area 18 to 24 inches deep and a distance from the trunk of a tree equal to one half its height or its drip line, whichever is greater.
“SCREENING.” A structure erected or vegetation planted which eventually is of sufficient height and density for concealing an area from view.
“SHRUB.” A woody plant of relatively low height having several stems arising from the base and lacking a single trunk.
“SPREAD.” A term used to indicate the horizontal width of a shrub or the crown of a tree.
“STREET TREES.” Trees growing on public rights-of-way except for alleys and for medians contained within subdivisions.
“TREE.” A perennial woody plant with one main trunk and a rather distinct and elevated head, ordinarily growing to definite heights and usually developing branches at some distance from the ground.
“LARGE SHADE.” Any tree the height of which is 35 feet or greater at maturity and has a limb spread of 30 feet or more at maturity and has a spreading canopy which screens the sun.
“MEDIAN SHADE.” Any tree which has a mature height of 25 to 40 feet and has a spreading canopy which screens the sun.
“ORNAMENTAL.” Any tree grown for decorative purposes, typically small with multi-seasonal interest.
“SMALL SHADE.” Any tree which has a mature height of less than 25 feet and has a spreading canopy which screens the sun.
“TRUNK.” The portion of a stem or stems of a tree before branching occurs.
“VEGETATIVE SCREEN.” A visual barrier of vegetation with dense foliage used to block aesthetically intrusive land uses from view.
“WILDLIFE HABITAT (SIGNIFICANT).” A place or environment where a plant, insect, or animal naturally or normally lives and grows including shelter, food, nesting sites, and protection.
“WOODLAND.” Land covered with a dense growth of trees usually greater in extent than a grove and smaller than a forest.
“WOODY PLANTS.” A plant that has a hard stem and has buds that survive above ground in the winter.
“XERISCAPING.” An approach to landscaping that minimizes outdoor water use while maintaining soil integrity through the use of native, drought-tolerant plants.
(Ord. 64-11-08, passed 12-9-08; Am. Ord. 25-7-10, passed 8-24-10; Am. Ord. 32-10-11, passed 11-15-11; Am. Ord. 22-06-13, passed 7-9-13)
Landscape plans described above shall be prepared and reviewed based on the following design standards and guidelines. Design standards are objectively measurable design requirements that can be definitively evaluated for compliance. Design guidelines are not precisely measurable but compliance can be determined through the evaluation process of site plan review.
(A) Design Guidelines.
(1) Plant Materials. Plant materials used in conformance with the provisions of this section shall be of good quality, disease and pest free at planting, and of a species normally grown in Central Indiana, and capable of withstanding the extremes of individual site microclimates. Plant material shall be selected for interest in its structure, texture, color, and for its ultimate growth. A variety of compatible species should be included in the planting plan for a specific site or development. The use of drought-tolerant plant material is preferred. The use of salt-tolerant plant material is preferred for landscaping in or near the rights-of-way.
(a) The primary landscaping materials used in and around private parking areas shall be trees that provide shade at maturity. Shrubs, groundcover, and other planting materials may be used to compliment tree landscaping, as described above but shall not be the sole contribution to the landscaping.
(b) The primary landscaping materials used in the landscape buffer yards and adjacent to the buildings shall be shade trees, ornamental trees, shrubs, and groundcovers and other planting materials.
(c) The primary landscaping materials used in LID Stormwater BMP's shall be trees, shrubs, and herbaceous vegetation that are able to tolerate and thrive at various depths and lengths of inundation. Refer to Appendix H-3 "Stormwater Technical Standards Manual".
(2) Softening of Walls and Fences. Plant materials should be placed intermittently against long expanses of building walls, fences, and other barriers to create a softening effect.
(3) Clearance. Trees shall be planted so that when they reach maturity, there will be a minimum of ten feet of clearance between the tree trunks and structures, buildings, overhangs, walls, fences, and/or other trees.
(4) Scale and Nature of Landscaping Material. The scale and nature of landscaping materials shall be appropriate to the size of the structures. Large scaled buildings, for example, should generally be complemented by larger scaled plants. Form, texture, color, pattern of growth, and adaptability to local conditions shall be considered when selecting plant materials.
(5) Evergreens. Evergreens should be incorporated into the landscape treatment of a site, particularly in those areas where screening and buffering are required.
(6) Planting Beds. Planting beds should be mulched but mulch shall not be used as a substitute for plant materials.
(7) Preservation of Existing Plant Materials. Existing plant material should be incorporated into the landscaping treatment of a site. The preservation of natural features and landscaping is a criterion for subdivision and planned development review. (See § 159.191 for additional requirements).
(8) Protection of Plant Materials.
(a) The interior dimensions, specifications, and design of any planting area or planting median proposed to be constructed shall be sufficient to protect the landscaping materials planted therein and to provide for proper growth.
(b) Clearance of trees and vegetation during the land development process shall be limited to that necessary for and directly related to the construction of improvements specifically authorized by the improvement location permit.
(c) In locations where plants will be susceptible to injury by pedestrian or motor traffic, they shall be protected by appropriate curbs, tree guards or other devices.
(d) Landscaping installed adjacent to parking areas shall require that all plant materials are set back from the edge of the pavement/concrete a sufficient distance so that parked vehicles do not overhang the landscape area and destroy or damage the plant materials.
(9) Designing for Safety. Landscaping shall not be approved which would inhibit or make more difficult the use of emergency vehicles, and all approved landscaping plans will give consideration to safety precautions which will protect both vehicular and the pedestrian public. Landscaping modifications will also be considered for public buildings, including schools, to allow for greater visibility and allow for natural surveillance around the building structure. Plantings in landscaping areas shall not obstruct line-of-sight or vision corner clearance areas. To maintain site lines trees shall be planted a minimum of 20 feet from the curb of intersecting streets, five feet from a driveway, and ten feet from a street light or street regulatory or warning signs. Adequate provisions for snow storage shall be considered by the Director of Planning and Development or his or her designee.
(10) Detention/Retention Basins and Ponds. Detention/ retention basins and ponds shall be landscaped. Such landscaping should include shade and ornamental trees, evergreens, shrubs, hedges, turf, groundcover, and other plant materials. To enhance the stormwater quality benefits of detention/retention basins and ponds, native plants shall be used to filter and trap harmful sediments and pollutants before they reach the basin or pond. Refer to Appendix H-3 "Stormwater Technical Standards Manual".
(11) LID Stormwater BMP's. LID Stormwater BMP's shall be landscaped. Areas included in rain gardens or vegetated sites including features created to meet Stormwater Management Requirements Ordinance No. 24-5-06 and any amendments thereto shall be counted toward any interior site or parking lot landscaping, and if vegetated to meet the requirements for landscaped buffers shall count towards those buffer requirements.
(12) Domestic Turf Grasses. Domestic turf grasses should be used in areas with little or no slope to prevent the runoff or irrigation water.
(13) Energy Conservation. Plant material placement will be designed to reduce the energy consumption needs of the development.
(a) Deciduous trees should be placed on the south and west sides of buildings to provide shade from the summer sun.
(b) Evergreen and other plant materials should be concentrated on the north side of buildings to dissipate the effect of winter winds.
(14) Height of Landscaping.
(a) Where proposed landscaping or screening is to abut a public road or parking area, the measured height of materials used shall be based on the grade of the abutting road or parking area and the top of the material used.
(b) Where a proposed landscape or screening area is to abut an adjoining neighbor’s property line, the measured height of materials used shall be based on the grade of the abutting property line and the top the material used.
(15) Noise Reduction. Properties adjacent to highly traveled roads, and/or commercial or industrial uses shall arrange landscaping to reduce the intensity of noise by reflecting, deflecting, or absorbing sound. Earth berms, walls, fences and/or plantings providing physical separation are examples of techniques to reduce or absorb noise.
(B) Design Standards.
(1) Selection. Permitted plant materials are outlined in Table 12.0.4.E and the following: All plants shall conform to the American Standard for Nursery Stock (ANSI Z60.1) size and width specifications.
(a) Trees.
1. Canopy Trees. Unless otherwise noted, all canopy trees proposed to be used in accordance with this classification shall be a minimum of 12 feet in height and have a minimum trunk caliper of two and one-half inches at the time of planting 12 inches above the grade. The trees should be of a variety which will attain an average mature spread greater than 35 feet. Canopy trees that are multi-stemmed must be a minimum of 12 feet in height, and have a minimum of three stems at the time of planting.
2. Understory Trees. All understory trees proposed to be used in accordance with this classification shall be a minimum of eight feet in height and have a minimum trunk caliper of one and one-half inches at the time of planting. They should be of a variety that will attain an average mature height of greater than 15 feet. Understory trees that are multi-stemmed must be a minimum of eight feet in height and have a minimum of three stems at the time of planting.
3. Evergreen Trees. All evergreen trees proposed to be used in accordance with this classification shall be a minimum of six feet in height at the time of planting. They should be of a variety that will attain an average mature height of greater than 15 feet.
4. Evergreen Understory Trees. All evergreen understory trees proposed to be used in accordance with this classification shall be a minimum of six feet in height at the time of planting. They should be of a variety that will attain an average mature height of equal to or less than 15 feet.
(b) Shrubs and Grasses.
1. Evergreen Shrubs. Unless otherwise noted, all shrubs to be used in accordance with this classification shall have a minimum height of 18 inches at the time of planting and a maximum height of four feet at maturity. Shrubs used to form hedges shall be of a non-deciduous species and shall be spaced not more than 36 inches apart so as to form a continuous visual screen and a minimum of 36 inches in height above grade.
2. Deciduous Shrubs. Unless otherwise noted, all shrubs to be used in accordance with this classification shall have a minimum height of 18 inches at the time of planting and a maximum height of four feet at maturity.
3. Ornamental Grasses. All ornamental grasses used in accordance with this classification shall be a minimum height of 24 inches at the time of planting and a maximum height of four feet at maturity. Ornamental grasses may be used to supplement shrub plantings within perimeter parking landscape areas and interior parking islands but shall not constitute more than 20% of the plantings in these areas. Normal maintenance of ornamental grasses constitutes trimming back the grasses to no more than four inches in height in the spring of each year.
(c) Native Prairie Grasses and/or Wildflowers. Due to circumstances where maintaining large areas of turf grasses is impractical or difficult, establishing an area of native prairie grasses or wildflowers, may be permitted at the discretion of the Director of Planning and Development, under the following conditions:
1. Must be set back from the property lines by a minimum of five feet. The setback is not required where the defined landscape area abuts another similar private or public landscape area.
2. Must be a minimum of 15 feet from any building foundation.
3. Must be maintained at least once per year through mowing or, burning if appropriate, and permits are obtained through the Indiana Department of Environmental Management (IDEM) and the Noblesville Fire Department.
Table 12.0.4.B. Additional Permitted Landscape Materials | |
Trees | Permitted — See § 159.183(B)(1)(a) |
Shrubs and Grasses | Permitted — See § 159.183(B)(1)(b) |
Evergreen Groundcover | Permitted if less than 30 inches in height at maturity |
Flowers | Permitted but cannot exceed 50% of planting area and shall not exceed 36 inches in height at maturity |
Turf | Permitted |
Table 12.0.4.B. Additional Permitted Landscape Materials | |
Bark and Mulch | Permitted but cannot exceed 75% of the planting area and in combination with vegetation |
Rocks, Stone, and Gravel | Permitted for building base landscaping material only. Landscaping rock and stone are permitted provided it meets a 3/4 inch or 1-1/2 inch in size and shall meet INDOT course aggregate sizes five through 8. |
Other Impervious Materials (brick pavers, concrete pavers, decorative concrete) | Permitted in planting areas under 24 inches wide in lieu of plants. Asphalt is prohibited. |
(d) Prohibited Landscape Materials. Prohibited landscape materials include rock, gravel, stone used in internal and perimeter parking lot areas and landscape buffer yards; asphalt, thorn-bearing plant species and the ‘Juniper’ plant species. Flowering species such as roses may be authorized by the Director of Planning and Development.
(2) Clustering of Trees. Where trees are required based on a linear footage calculation, it may be possible for these trees to be planted in clusters as opposed to being evenly spaced in a line. In the case where clustering is used, no tree shall be located any closer than ten feet, or any further than 50 feet from the next closest required tree. Any such clustering plan must be approved by the Director of Planning and Development prior to installation of the landscaping.
(3) Staggering Requirement for Trees and Shrubs. When required for perimeter parking landscaping and buffering, trees and shrubs may be required to be planted in staggered rows to provide the effective diagonal planting of the plants.
(a) Tree Staggering. These rows should be planted in a manner to provide for equal spacing both in width and depth between each plant.
(b) Shrub Staggering. Shrubs should be planted in an alternating pattern formed by two rows, two feet apart on center, each of which is made up of shrubs six feet on center.
(4) Undulating Planting Beds. Where applicable, it is desirable to create undulating planting beds to provide more landscape interest, as opposed to trees and shrubs being evenly spaced in a straight line.
(5) Mixing Plant Species. When more than 20 shrubs and ten trees are required on a site to meet these regulations, a mix of species shall be provided. The following table indicates the maximum quantity of trees and shrubs of the same species and genus that may be planted. In addition, shrubs should generally be divided equally between deciduous and evergreen varieties.
Table 12.0.B.4.6 Mixing Plant Species | |||
Total Trees Planted on Site | Total Shrubs Planted on Site | Minimum Number of Species Required | Maximum Percentage of any Single Species |
10 to 30 | 20 to 200 | 2 | 70% |
30 to 100 | 200 to 400 | 3 | 50% |
> 100 | > 400 | 4 | 30% |
(6) Berms. Berms shall maintain a maximum height of six feet and a minimum height of three feet. The berm shall be required to maintain a 3 to 1 slope. The top of such berms shall be located as closely as possible to the property line of the use. The landscaping required in this case shall be equal in number to the landscaping number otherwise required for buffering of the use. In terms of height, the landscaping plus the berm shall be required to meet the height standard that would otherwise be required for the buffering of the use.
(7) Fences or Walls. Decorative fences or walls shall be permitted, in addition to required landscaping, between a nonresidential development and adjacent residential structures or along the frontage of residential subdivisions. This standard does not apply to individual single-family or two-family residences. Fences or walls shall comply with the following:
(a) Fences and walls shall be solid, opaque, and constructed of wood or masonry.
(b) No fence shall be located inside of any required front yard setback unless granted a variance from the Board of Zoning Appeals or a waiver from the Plan Commission and/or Council.
(c) In order to break the visual monotony of a masonry or wood fence or wall, at least one shrub or vine shall be planted abutting the wall for every ten feet of wall length, but not necessarily evenly spaced ten feet apart.
(d) The required shrubs/vines shall be installed outside of the fence/wall, and the fence/wall shall be erected a minimum of four feet inside the property line to allow for the planting and maintenance of the shrubs/vines.
(e) In lieu of the vine or shrubbery requirements above, the Director of Planning and Development shall be authorized to approve a masonry wall having significant design variation evenly spaced at internals of not more than 20 feet.
(8) Duplicate Planting Requirements. It is not the intent of this chapter to generate multiple rows of trees and shrubs resulting from implementation of this chapter together with street tree requirements and/or other landscaping treatments. In these instances, the most restrictive standard shall be used. In some instances, where the building or parking lot setback from the right-of-way is greater than 20 feet, street trees may still be required in addition to other landscaping requirements, per the discretion of the Director of Planning and Development.
(9) Application Variations.
(a) Central Core Map (Appendix G). Due to the more compact layout of the Central Core Map, normal landscaping requirements may be impractical, therefore modified parking lot and landscaping buffer requirements are outlined in the associated tables in §§ 159.184 and 159.185.
(b) Corporate Campus Planned Development District (CCPD). See § 159.107 for landscaping requirements.
(c) Federal Hill Planned Development District (FeHiPD). See § 159.109 for landscaping requirements.
(d) Village Center Planned Development District (VCPD). See § 159.109 for landscaping requirements.
(e) All Other Areas. Landscaping standards as set forth within this chapter, apply to all areas within the Noblesville Planning Jurisdiction outside of the Central Core Map, Corporate Campus Planned Development District, Federal Hill Planned Development District, and the Village Center Planned Development District as described above.
(10) Installation Prior to Certificate of Occupancy. All landscaping required by the approved landscaping plan shall be installed prior to issuance of the final certificate of occupancy unless approved by the Director of Planning and Development for weather related reasons or unique circumstances. Where landscaping cannot be installed, a surety bond must be posted with the city covering 110% of the estimated installation costs including the plant materials.
(Ord. 64-11-08, passed 12-9-08; Am. Ord. 31-9-10, passed 9-28-10; Am. Ord. 32-10-11, passed 11-15-11; Am. Ord. 10-03-13, passed 4-9-13; Am. Ord. 22-06-13, passed 7-9-13; Am. Ord. 25-04-15, passed 5-12-15; Am. Ord. 25-07-17, passed 8-15-17)
(A) Intent. Parking lot landscaping required by this section is intended to promote attractive, safe, off-street parking lots by providing minimum requirements for installation and maintenance of landscaped areas. This section places a high priority on the safe flow of pedestrians and vehicles within a parking lot. It also requires adequate safe emergency lanes for fire trucks and other emergency vehicles.
(B) Application.
(1) Required parking lot landscaping shall consist of two types: 1) Interior Parking Lot Landscaping, and 2) Perimeter Parking Lot Landscaping as described below. The standards required for these two types of landscaping shall be determined by the "class" of parking lot proposed on the site. The parking lot "class" shall be determined by the total number of proposed parking spaces for a given use.
(a) Class A 0 to 20 spaces
(b) Class B 21 to 50 spaces
(c) Class C 51 to 200 spaces
(d) Class D >200 spaces
(2) Where parking lots and/or parking lot landscaping were legally existing as of the effective date of this chapter, but do not conform to the provisions of this chapter, such parking lots shall be considered legally non-conforming. Upon any expansion to such non-conforming parking lots and/or parking lot landscaping, or the expansion or alternation of a structure associated with that parking lot and/or parking lot landscaping, the entire parking lot existing and expanded shall be subject to the requirements of this subchapter.
(C) Interior Parking Lot Landscaping.
(1) Planting Islands. In some cases where parking is required for a use, a certain percentage of the paved area must be maintained as landscape areas which include landscape islands and peninsulas. To function as an "LID Stormwater BMP", the landscape island or peninsula shall be at a lower grade than the surrounding pavement and curbing shall allow drainage from pavement to enter into recessed landscape areas. For the purposes of calculating this requirement the following table shall be employed.
Table 12.0.5.C.1. INTERIOR PARKING LOT LANDSCAPE REQUIREMENTS | ||
Percent of Required Landscaping in Parking Lot | Maximum Parking Lot Island Size (Square Feet) | |
Class A | 1% | 180 |
Class B | 5% | 750 |
Class C | 8% | 1,000 |
Class D | 11% | No Maximum |
(a) All single row parking landscape islands and peninsulas shall be a minimum of 180 square feet in area with a minimum width of nine feet measured from back of curb to back of curb or edge of pavement. Each island and peninsula shall contain a minimum of one canopy tree and five evergreen or deciduous shrubs, or ornamental grasses. If the landscape island is intended to function as an "LID Stormwater BMP", then the plant material should be able to tolerate and thrive at various depths and lengths of inundation. Refer to Appendix H-3 "Stormwater Technical Standards Manual."
(b) All double row parking landscape islands shall be a minimum of 240 square feet in area with a minimum width of nine feet measured from back of curb to back of curb or edge of pavement. Each island and peninsula shall contain a minimum of two canopy trees and ten evergreen or deciduous shrubs, or ornamental grasses.
(c) All interior parking rows shall be terminated at both ends with landscape islands. The exterior parking rows abutting the perimeter parking lot landscaping area, which are not adjacent to a structure, shall require the installation of one additional canopy tree at both ends of the exterior row. All parking islands shall be dispersed so as to define aisles and limit unbroken rows of parking to a maximum of 100 feet in length. For calculating purposes, handicapped parking spaces shall count as one parking space. (See illustrations below.)
(d) One hundred percent of every parking lot island or peninsula outside of shrub masses shall be planted in turf or other approved groundcover in the appropriate density to achieve complete cover within two years as determined by the approved landscape plan.
(e) If the specific application of the interior landscape requirements will seriously limit functions of the building site, the Director of Planning and Development shall have the authority to permit consolidation and relocation of these landscaped areas on the building site.
(f) The primary plant materials used in parking lots shall be canopy tree species, in conformance with applicable provisions of § 159.183(A) and (B) above. Understory trees, shrubbery, hedges, and other plant materials may be used to supplement the canopy tree plantings, but shall not be the sole contribution to such landscaping.
(D) Perimeter Parking Lot Landscaping.
(1) Intent and Application. The landscape requirements identified below provide for the enhancement of all parking lots by recognizing two distinct conditions. The first condition is where parking lots are located within front and corner side yards, where a uniform scheme of landscaping is required to protect the aesthetics along public streets. The second condition is where parking lots are located within rear and interior side yards and minimum requirements for beautification of both residential and nonresidential uses are desired. The intent is to require a higher level of landscaping abutting or adjacent to residential uses (principally multi-family uses) than for non-residential uses. It should be noted that the issue of reducing impacts between dissimilar uses is addressed in § 159.186.
(2) Area and Configuration.
Table 12.0.5.D.2. PERIMETER PARKING LOT LANDSCAPING REQUIREMENTS | ||||
Parking lots adjacent to, abutting, or by yard type | Central Core Map | All Other Areas | Required Trees (per 100 linear feet) | Required Shrubs (per 100 linear feet) (Minimum height 24-inches at time of planting) |
Public street, private street, front yards abutting residential uses/ zone district | 10 feet (Perimeter landscape width) | 20 feet (Perimeter landscape width) | 2 staggered canopy | 33 staggered deciduous or evergreen shrubs |
Rear and interior side yards abutting or across from a residential use/ zone district | 10 feet (Perimeter landscape width) | 10 feet (Perimeter landscape width) | 3 staggered canopy trees and 2 under- story | 33 staggered deciduous or evergreen shrubs |
Rear and interior side yards abutting a non-residential use/ zone district | 5 feet (Perimeter landscape width) | 10 feet (Perimeter landscape Width) | 2 staggered canopy | 33 staggered deciduous or evergreen shrubs |
1. For calculation purposes, plant quantities are rounded up to the nearest whole number when the calculation is .5 or greater.
2. Refer to tree and shrub staggering diagrams.
3. Setbacks are the minimum required unless specified elsewhere in this chapter.
(a) These requirements may be altered by the Director of Planning and Development, Plan Commission, or the Board of Zoning Appeals to protect vehicular or pedestrian traffic or to facilitate free movement of emergency vehicles.
(b) All trees shall be planted within ten feet of the parking lot edge.
(c) All shrubs shall be planted within five feet of the parking lot edge.
(3) Shared Parking Facilities. All paved areas that encroach upon the required ten foot perimeter parking lot landscape areas, except those abutting a public right-of-way shall conform to the following.
(a) The total area that is removed must be provided as interior parking lot landscaping on those parcels. This area shall not be counted towards the overall required interior parking lot landscaping as stated above.
(b) Plantings in these areas shall comply with the standards stated in this section.
(E) Parking Garages. All parking garages shall be required to meet the following landscape and urban design requirements:
(1) Perimeter Landscaping. Parking structures shall provide along any street frontage pedestrian-related amenities such as sitting areas, planters, and visually interesting wall surfaces at the street level. There shall be such amenities provided so that 20% of the building facade will contain such spaces. Such amenities shall be evaluated through Site Plan Review. In all cases, there shall be a minimum sidewalk width along the street of eight feet that shall not be impeded by such pedestrian-related amenities.
(2) Interior Landscaping. Interior landscaping requirements for parking garages may be met by providing hanging baskets, landscape planters, and/or flower boxes around the exterior of the first three levels of the parking garage structure.
(Ord. 64-11-08, passed 12-9-08; Am. Ord. 23-06-10, passed 7-13-10; Am. Ord. 32-10-11, passed 11-15-11; Am. Ord. 22-06-13, passed 7-9-13)
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