Sec. 10-298. Irrigation Required

Landscaped areas in all nonresidential developments are required to have an irrigation system in accordance with Section 10-308, Irrigation Standards.

Sec. 10-299. Parking Lot Landscaping

   a.   Landscaped islands are required in all parking lots parking lots in excess of more than 20 spaces.

   b.   One landscaped island is required for every 10 parking spaces and at both ends of each row of 10 or more parking spaces. Islands may be grouped as long as there is no more than 20 parking spaces in a row without a landscape island. (Ord. No. 0/2009/19; 3/11/09)

   c.   Each landscaped island must be at least 50 square feet; have a minimum dimension of five feet; and must include at least one tree. Grouped islands must be at least 100 square feet; have a minimum dimension of ten feet; and must include at least one tree. Two landscaped islands that are connected and located as to span two rows of adjacent parking spaces may utilize one large species tree. The remaining area must be landscaping material, including shrubs, turf, or planted groundcover, none of which may exceed three feet in height (Ord. No. 0-2017-69; 8/23/17).

Large tree species alternative (Ord. No. 0-2017-69; 8/23/17)

 

Sec. 10-300. Landscape Requirements for Nonconforming Uses

   a.   Classification of Nonconforming Developments

      Land developed with a building or structure, which is in lawful use at the effective date of this code, which was in lawful use as of September 9, 1992, and land, which does not conform to the landscape requirements of this code, but is subsequently annexed to the city, will have non-conforming use status with respect to this code.

   b.   Regulation of Nonconforming Developments

      1.   The lawful use of a building or other development as described in subsection A above may be continued although such development does not comply with the landscape requirements herein. However, voluntary compliance with these landscape requirements and landscape enhancement is encouraged.

      2.   The repair or restoration of a building or other development to its prior condition after being damaged or destroyed by fire, explosion, wind, flood, tornado or other accident or weather phenomena, will not require that such building or other development comply with the landscape requirements of this code, provided a building permit for the repair or restoration is obtained within 12 months of the date the damage occurred.

      3.   The expansion of an existing building, or the construction of one or more additional buildings on the same lot as the existing building, will not require compliance with the landscape requirements of this code provided:

         (a)   That the expansion of the existing building or the construction of the additional building(s) will not result in the encroachment of any wall building line into an existing street yard; or

         (b)   Where the expansion of the existing building or construction of any additional building(s) will result in the encroachment of a wall building line into an existing street yard, the gross floor area (GFA) of the addition, or the total gross floor area of all buildings to be constructed in the street yard, must not exceed 25 percent of the GFA of the existing building. (Ord. No. 0-98-90, 11/18/98) (Ord. No. 0-2002-46, 10/09/02)

      4.   Regardless of any exemptions in part 3, non-conforming developments which
contain parkways with impermeable surfaces shall be planted with grass or other typical permeable landscaped ground cover and left unpaved except for sidewalks and driveways with any expansion of existing buildings or construction of new buildings in the street yard. The established Master Street Plan right-of-way width will determine the maximum parkway width for the purposes of this requirement. (Ord. No. 0-2018-83; 10/24/18)

Sec. 10-301. Tree Preservation Requirements

a.   Applicability

      The requirements of this code regarding clearing of land without a building permit will apply to all land within the city limits, as now or hereafter set, in all multifamily, commercial, office, and manufacturing districts.

b.   Trees in Agricultural Zone

      There is no tree preservation requirement in the Agricultural Zone.

c.   Existing and Approved Right-of-Way, Shared Access Easements, and Public Easements

      All construction and maintenance activity within existing or approved (as shown on an approved preliminary plat) public right-of-way, shared access easements, or easements are exempt from the requirements for tree protection and replacement specified herein. (Ord. No. 0-2014-97; 10/22/14)

d.   Other Government Entities

      The tree preservation requirements apply to all private and institutional developments and all development on city property, including properly within the MU-O Municipal Use Overlay District. The requirements do not apply to property owned by other governmental entities or taxing entities. However, voluntary compliance is encouraged.

e.   Franchise and Other Utility Companies

      All utility company projects are exempt from the requirements for tree protection and replacement specified herein when clearing public easements and existing right-of-way.

f.   Public Tree Care

      The city will have the right to plant, prune, and maintain trees, street trees and park trees within the lines of all streets, alleys, avenues, lanes, squares, and public grounds, as may be necessary to insure public safety or to preserve or enhance the symmetry and beauty of such public grounds. The city may remove or cause or order to be removed, any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to sewers, electric power lines, gas lines, water lines, or other public improvements, or is affected with any injurious fungus, insect, or other pest. The management of trees on City property shall be the responsibility of the City’s Parks and Recreation Department. The City’s Parks and Recreation Department shall be responsible for the creation and implementation of a five-year management plan for the planting, maintenance, and removal of trees on City property. This management plan is to be updated annually. The City’s Parks and Recreation Department shall be responsible for reporting the accomplishments of the five-year plan to the Parks Board on an annual basis. City owned property does not include publicly dedicated rights-of-way until the City accepts the improvements for maintenance. (Ord. No. 0-2009-88; 8/26/09)

Sec. 10-302. Pre-Development Restrictions on Land Clearing

   It is the intent of this Division to minimize the visual impact of tree removal by retaining or replanting tree buffers around property boundaries. A property owner, developer, or contractor must obtain a clearing and grading permit prior to any agricultural timbering, predevelopment clearing, or depositing of fill on an undeveloped site. Properties, other than the minimum buffer area specified herein, may be underbrushed without obtaining a grading permit. For the minimum buffer area specified here, underbrushing may be undertaken as long as no mechanized equipment, other than a chainsaw, is used in the underbrush clearing. In no case may living and healthy trees 6" DBH or larger be removed without a permit. (Ord. No. 0-2009-19; 3/11/09) (Ord. No. 0-2009-88; 8/26/09)

Sec. 10-303. Clearing and Grading Permit Required

   Pursuant to Sec. 10-527 of this code, a clearing and grading permit must be obtained from the development services engineer prior to the commencement of any development, excavation, grading, regrading, landfilling, beaming, paving, diking, clearing and grubbing, or other earth changes made to any property within the city. A separate permit is required for each separate, non-contiguous site or lot. (Ord. No. 0-99-19; 2/24/99)

a.   Tree Inventory

Accompanying the permit application, a 6” DBH or larger tree inventory shall be submitted according to the following:

1. The approximate location and diameter at breast height (DBH) of all living trees which are six inches in DBH in size or larger when measured at 4 ½ feet above the ground within a 40’ buffer area along any street frontage, and 25’ buffer area on all other property boundaries.

2. A tree clearing/planting plan shall also be provided detailing the proposed site buffers and remaining trees after clearing. The plan will also list the total number of existing 6” DBH or larger trees and the proposed number of remaining 6” DBH and/or 2” DBH replanted trees after clearing within buffer areas.

b. Approval Criteria for Zoning Requiring Tree Preservation

   The Development Services Engineer will approve a clearing and grading permit if the application demonstrates that the following conditions in this subsection will be met.

   A 40-foot-wide undisturbed area is left in place along 75 percent of the street frontage, a 25-foot-wide undisturbed area is left along 75 percent of the rear property line, and a 25-foot-wide undisturbed area” is left along 75 percent of the side property lines. The understory growth is to be left intact to enhance the tree buffer. Each “

Sec. 10-304. Exceptions and Tree removal without a Permit

   a.    Exceptions. If the property owner, developer, or contractor determines that the restrictions set forth in (1) and (2) above cannot be met, the development services engineer may grant a variance for the pre-development clearing of land if property owner agrees to mitigate the clearing of land by replanting the buffer area as specified above. (Ord. No. 0-2009-88; 8/26/09) (Ord. No. 0-2010-20, 3/10/10)

   b.   Tree Removal without a Permit. It is unlawful to conduct a tree clearing without a valid Clearing and Grading Permit when required by this Chapter. Where tree clearing takes place in advance of a Clearing and Grading Permit, the owner shall mitigate all tree removal in accordance with this Chapter. Tree planting must occur within six months of any such violation. Additionally, failure to obtain a Clearing and Grading Permit when required may result in a fine pursuant to City Code Section 1-4. (Ord. No. 0-2009-88; 8/26/09) (Ord. No. 0-2010-20, 3/10/10)