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NOBLESVILLE, INDIANA CODE OF ORDINANCES
CITY OFFICIALS OF NOBLESVILLE, INDIANA
ADOPTING ORDINANCES
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
CHAPTER 150: MASTER PLAN
CHAPTER 151: CONSTRUCTION STANDARDS FOR ROAD IMPROVEMENTS
CHAPTER 152: ANNEXATION POLICY
CHAPTER 153: IMPROVEMENT LOCATION PERMIT CODE
CHAPTER 154: BUILDING CODE
CHAPTER 155: THOROUGHFARE PLAN CODE
CHAPTER 156: HOUSE NUMBERING PLAN
CHAPTER 157: FLOOD DAMAGE PROTECTION
CHAPTER 158: HOUSING AND PROPERTY MAINTENANCE CODE
CHAPTER 159: UNIFIED DEVELOPMENT
APPENDIX A: SCHEDULE OF FEES, CHARGES, AND EXPENSES
APPENDIX B: APPLICATIONS AND FORMS
APPENDIX C: OFFICIAL SCHEDULE OF USES
APPENDIX C-1 OFFICIAL SCHEDULE OF USES Federal Hill Planned Development Use Matrix for Land Use Subdistricts
APPENDIX C-2: OFFICIAL SCHEDULE OF USES Innovation Mile District
APPENDIX D: PROCEDURES FOR APPLICATION
APPENDIX E: FIRE DEPARTMENT ACCESS AND WATER SUPPLY AND FIRE HYDRANT SPECIFICATIONS
APPENDIX F: NOBLESVILLE STANDARDS
APPENDIX G: CENTRAL CORE MAP
APPENDIX H: CITY OF NOBLESVILLE STORMWATER TECHNICAL STANDARDS MANUAL
APPENDIX I: HISTORIC DEMOLITION AREA
APPENDIX J: FORMER COUNTY ZONING SITES
APPENDIX K: PERVIOUS CONCRETE PAVEMENT DESIGN REQUIREMENTS
CHAPTER 160: CITY IMPACT FEES
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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§ 159.182 DEFINITIONS.
   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)
§ 159.183 DESIGN STANDARDS AND GUIDELINES.
   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)
§ 159.184 PARKING LOT LANDSCAPING.
   (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)
§ 159.185 BUILDING BASE LANDSCAPING.
   The entire base of each commercial/industrial/institutional and multi-family building shall be surrounded by a landscape strip as prescribed in the table below. Such landscaping shall not be counted toward the overall required plantings for the interior parking lot. These landscape strips may be broken by pedestrian access ways; however, these access ways may not constitute more than 10% of the total area of the required landscape strip. No more than 40% of the required building base landscape area shall be located on any one side of the building. Shrubs and ornamental trees along foundation walls of structures shall be planted no closer than two feet and eight feet, respectively. In certain circumstances additional standards shall be required as follows:
 
Table 12.0.6.
BUILDING BASE LANDSCAPING REQUIREMENTS
 
Central Core Map1
All Other Areas
Required Trees (per 100 linear feet)
Required Shrubs (per 100 linear feet)
Buildings adjacent to or across from parking area, public road or residential use/ zone district
10 feet
(landscape width)
10 feet
(landscape width)
3 understory trees
33 deciduous or evergreen shrubs, or ornamental grasses
Building adjacent to or across from a similar use, commercial or industrial uses, or private road
5 feet
(landscape width)
10 feet
(landscape width)
2 understory trees
15 deciduous or evergreen shrubs, or ornamental grasses
 
1.   Where zero front yard setbacks are permitted and utilized, building base landscaping requirements are waived. If the front yard setback utilized is less than the building base landscaping requirement, the building base landscaping requirement may be reduced by the difference of the two.
2.   For calculation purposes, plant quantities are rounded up to the nearest whole number when the calculation is .5 or greater.
   (A)   Loading Areas. Where a drive-thru or loading area is permitted or required for a use, and where it is necessary to locate this drive-thru or loading area inside of the building base landscaping, the affected landscape areas may be moved. In these cases, an area of landscaping equal to the amount removed must be added to other areas of the building's base landscaping.
(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. 25-07-17, passed 8-15-17)
§ 159.186 LANDSCAPE BUFFER YARDS.
   (A)   Applicability. The regulations of this section shall establish the dimensions and improvement requirements of landscape buffer yards as required for transitions between uses and along the city's corridors.
   (B)   Changes in Landscape Buffer Yards for Planned Developments. Landscape buffer yards may be established, increased, or decreased by the Plan Commission and Common Council as part of the zoning approval of any planned development.
   (C)   General Restrictions. Landscape buffers around an entire land use shall be reserved for the planting of material and installation of other buffering materials as required within this section. No parking, sidewalks, stormwater detention facilities, regulated drains, fences, walls, accessory buildings, structures, easements or other impervious surfaces shall be permitted to be located inside any required landscape buffer yard. Allowable encroachments include landscaping and earthen berms. Consideration may be given to driveways and sidewalks needed to service a use or building and can be administratively approved by the Director of Planning and Development, or decorative walls/fences approved by the Plan Commission and Council for a planned development. All landscape buffer yards shall include a variety of landscape plants per development. Buffering requirements, when applicable, shall be used to supplement all other required landscaping and shall not be used in lieu of other required landscaping, unless otherwise stated in this subchapter.
   (D)   Maintenance of Landscape Buffer Yards. Landscape buffer yards are designated as Common Area/Landscape Buffer Yard and shall be maintained by the homeowner's association and/or developer as per the declaration of covenants for the subdivision and/or planned development. Other acceptable recordable documentation for the maintenance of the landscape buffer yards may be approved by the Director of Planning and Development on a case-by-case basis.
   (E)   Size and Improvement of Landscape Buffer Yards. The size and improvement of the landscape buffer yards for various situations shall be as per the table below.
Table 12.0.7.E.
LANDSCAPE BUFFER YARD REQUIREMENTS
Proposed Use or Zoning District
Landscape Buffer Yard Width
Required Trees (per 100 linear feet)
Required Shrubs (per 100 linear feet) (Minimum 24-inches at the time of planting)
Other Requirements
Table 12.0.7.E.
LANDSCAPE BUFFER YARD REQUIREMENTS
Proposed Use or Zoning District
Landscape Buffer Yard Width
Required Trees (per 100 linear feet)
Required Shrubs (per 100 linear feet) (Minimum 24-inches at the time of planting)
Other Requirements
Downtown as per adopted map per Appendix G
Exempt
Exempt
Exempt
Exempt
GB, PB, LB, VC
Adjacent to or abutting a residential use/zone
30 feet
2 staggered evergreen canopy trees and 1 deciduous canopy tree
33 staggered deciduous or evergreen shrubs
Fences or walls may be used in combination with landscaping. A berm may be used to supplement the required landscaping.
I1, I2, I3
Adjacent to or abutting a residential use/zone
40 feet
2 staggered evergreen canopy trees and 1 deciduous canopy tree
33 staggered deciduous or evergreen shrubs
Fences or walls may be used in combination with landscaping. A berm may be used to supplement the required landscaping.
Park, Recreation, Institution al Uses Adjacent to or abutting a residential use/zone
25 feet
2 staggered canopy trees
16 staggered deciduous or evergreen shrubs
Fences or walls may be used in combination with the required landscaping. {A berm may be used to supplement the required landscaping. }
R5, RMH, ZLL, Land Use Variance
Adjacent to or abutting a residential use/zone
15 feet
2 staggered evergreen under-story trees and 1 deciduous under-story tree
16 staggered deciduous or evergreen shrubs
Fences or walls may be used in combination with the required landscaping. {A berm may be used to supplement the required landscaping. }
Downtown as per adopted map per Appendix G
Exempt
Exempt
Exempt
Exempt
GB, PB, LB, VC
Adjacent to or abutting a residentia l use/zone
30 feet
2 staggered evergreen canopy trees and 1 deciduous canopy tree
33 staggered deciduous or evergreen shrubs
Fences or walls may be used in combination with landscaping. A berm may be used to supplement the required landscaping.
I1, I2, I3
Adjacent to or abutting a residentia l use/zone
40 feet
2 staggered evergreen canopy trees and 1 deciduous canopy tree
33 staggered deciduous or evergreen shrubs
Fences or walls may be used in combination with landscaping. A berm may be used to supplement the required landscaping.
Park, Recreation , Institutio nal Uses
Adjacent to or abutting a residentia l use/zone
25 feet
2 staggered canopy trees
16 staggered deciduous or evergreen shrubs
Fences or walls may be used in combination with the required landscaping. A berm may be used to supplement the required landscaping.
R5, RMH, ZLL, Land Use Variance
Adjacent to or abutting a residentia l use/zone
15 feet
2 staggered evergreen understory trees and 1 deciduous understory tree
16 staggered deciduous or evergreen shrubs
Fences or walls may be used in combination with the required landscaping. A berm may be used to supplement the required landscaping.
Adjacent to or abutting an Arterial or Expressway
40 feet
3 staggered canopy trees of a minimum 3.5- inches caliper
33 staggered deciduous or evergreen shrubs
Fences or walls may be used in combination with landscaping. A berm may be used to supplement the required landscaping.
CCPD
See § 159.109(G), landscaping requirements
See § 159.109G), landscaping requirements
See § 159.109(G), landscaping requirements
See § 159.109(G), landscaping requirements
Planned Development s
50 feet
3 staggered canopy trees or evergreen trees
33 total staggered deciduous and evergreen shrubs
Fences or walls may be used in combination with landscaping. A berm may be used to supplement the required landscaping.
Adjacent to or abutting an Arterial or Expressway
40 feet
3 staggered canopy trees of a minimum 3.5-inches caliper
33 staggered deciduous or evergreen shrubs
Fences or walls may be used in combination with landscaping. A berm may be used to supplement the required landscaping.
CCPD
See § 159.107(F)(8)(b)6. Perimeter Site Buffering. For specifics not addressed in this noted section, refer to “Planned Developments” (see below).
Planned Development s
50 feet
3 staggered canopy trees or evergreen trees
33 total staggered deciduous and evergreen shrubs
Fences or walls may be used in combination with landscaping. A berm may be used to supplement the required landscaping.
 
1.   Areas not planted with trees or shrubs shall be maintained as turf or other groundcover approved by the Director of Planning and Development.
2.   Ornamental grass may be substituted for shrubs up to a maximum of 20%.
3.   For calculation purposes, plant quantities are rounded up to the nearest whole number when the calculation is 0.5 or greater.
4.   Refer to tree and shrub staggering diagrams.
(Ord. 64-11-08, passed 12-9-08; Am. Ord. 23-06-10, passed 7-13-10; Am. Ord. 25-7-10, passed 8-24-10; Am. Ord. 32-10-11, passed 11-15-11; Am. Ord. 31-09-13, passed 9-24-13; Am. Ord. 12-04-17, passed 4-25-17)
§ 159.187 SCREENING.
   (A)   Standards. Standards for screening shall be established below. When the following standards differ from standards otherwise outlined by this chapter, the most restrictive standard shall apply.
   (B)   Applicability. This section shall apply to the following:
      (1)   Trash Receptacle Enclosures. All trash receptacles shall be completely screened by a wall on three sides matching the materials, colors, and architecture of the principal building located on the parcel. The fourth side shall consist of a metal gate or other similar materials completely hiding the trash receptacle. The enclosure must measure a minimum of six feet in height or two feet above the height of the trash receptacle, whichever is greater. Trash receptacle enclosures shall not be located in front of any building, adjacent to a collector, arterial, or expressway, or adjacent to any residential use.
         (a)   Landscaping is required on three sides of the enclosure and shall include evergreen understory trees at three feet on center or evergreen canopy trees five feet on center, and a minimum height of six feet.
      (2)   Service/Material Yard and Storage Areas. All service yards shall be completely screened by a fence, split faced block wall, continuous evergreen screen, or combination of the three. The screen must measure a minimum of seven feet in height. All non-vegetative screen methods shall as closely as possible match the architecture of the building which the service yard is serving.
         (a)   Landscaping shall include evergreen understory trees at three feet on center or evergreen canopy trees five feet on center, and a minimum height of seven feet.
      (3)   Display Areas. All display areas which front on a public or private street shall be required to plant three deciduous trees per 100 linear feet of frontage of display area onto the public or private street or any fraction thereof.
      (4)   Heating and Cooling Facilities. Ground mounted heating and cooling units for non-residential and multi-family structures shall be completely screened.
(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. 53-10-15, passed 11-10-15)
§ 159.188 STREET TREES.
   Street trees shall be installed within any new subdivision pursuant to § 159.087.
(Ord. 64-11-08, passed 12-9-08)
§ 159.189 INSPECTION.
   The Director of Planning, or a duly appointed representative, shall have the authority to visit any lot to inspect the landscaping and check it against the approved plan on file. Upon completion of the required landscaping, as per the approved plan, it shall require an inspection to determine that the landscaping complies with the approved plan and shall be completed prior to the issuance of a FINAL certificate of occupancy for the structure. A certificate of compliance shall be issued for those landscaping areas that comply with the approved landscaping design plans. For those landscaping areas, which are not one- or two-family structures, the posting of a three-year maintenance bond is required for 110% of the cost of installation and plant materials. The cost of installation shall be certified by landscape contractor or licensed landscape architect.
(Ord. 64-11-08, passed 12-9-08)
§ 159.190 CHANGE TO AN APPROVED LANDSCAPE PLAN.
   Any change or deviation to an approved landscape plan shall require the approval of the Director of Planning and Development. Changes which do not conform to this subchapter shall be subject to the procedures for a variance as established in §§ 159.040 through 159.045 or §§ 159.105 through 159.108 for planned developments, a part of this chapter. Landscape improvements made to a lot that are not in conformance with an approved landscape plan shall be a violation of this chapter, and subject to the fines and penalties established in §§ 159.220 through 159.226 and Appendix A of the Unified Development Ordinance.
(Ord. 64-11-08, passed 12-9-08)
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