(A) Purpose. Before a building permit is issued for any type of construction except single-family and two-family buildings, where off-street parking and open lot sales display and service areas are provided, a portion of such areas shall be given over to landscape beautification and natural plant growth, as is provided for herein.
(B) Definition of terms. For the purpose of this section, certain words and terms used herein shall be defined as follows:
GROUNDS PERMIT. A permit which must be secured from the LRC prior to the development or redevelopment of, or addition to, any vehicular use area. The permit shall be secured from the City Inspector for a fee of $25.
LANDSCAPE REVIEW COMMISSION. There shall be created a LANDSCAPE REVIEW COMMISSION (hereinafter referred to as the LRC) which shall be comprised of the Vincennes City Tree and Landscape Board., Three members shall constitute a quorum of the authority for the purpose of conducting its business and exercising its powers and for all other purposes. Action may be taken by the LRC upon a vote of majority of the members present, unless in any case the by-laws of the LRC shall require a larger number.
PLANT MATERIAL. To be used in conformance of this section shall conform to the standards given in the current “American Standard for Nursery Stock,” ANSI, or equal to.
VEHICULAR USE AREAS. Shall include all areas used for the circulation, parking, and/or display of any and all types of vehicles, boats or heavy construction equipment, whether self-propelled or not, and all land upon which vehicles traverse as a function of the primary uses. This shall include, but is not limited to, activities of a drive-in nature such as service stations, convenience stores, financial institutions, restaurants, and the like. Only driveways and parking spaces serving single-family and two family uses shall be an exception to the definition.
(C) Areas subject to provisions. All new commercial development, rental housing complexes, industrial, off-street parking, and other vehicular use areas except those located on, under, or within buildings, and those serving single and two family residential uses shall conform to the minimum landscaping requirements hereinafter provided by this section. Existing structures undergoing significant remodeling/reconstruction will also be subject to this section.
(D) Minimum requirements.
(1) General parking/vehicular use areas requirements:
(a) For perimeter screening: adjacent to city streets:
1. One tree per four parking spaces as counted by spaces fronting city streets.
2. Minimum of 25% shall be large or medium trees (cf. buffer requirements and list in street tree ordinance).
3. One shrub per perimeter parking spaces.
(b) Island requirements (for parking areas with over 32 spaces):
1. Parking lots shall have one island per 32 parking spaces.
2. Size of islands must be at least 250 square feet.
3. Must contain at least one medium or two small trees (cf. list in street tree ordinance).
(2) General commercial development requirements:
(a) Interior planting requirements (non-vehicular use areas):
1. Five percent (5%) of the working square footage shall be used for interior planting beds and shall be made up of small to medium trees, shrubs and ornamental grasses.
(3) Rental housing complex requirements:
(a) Interior planting requirements (non-vehicular use areas):
1. Five large trees and two medium or small trees per ac. (cf. list in street tree ordinance).
2. Twenty shrubs per acre.
(4) Industrial development requirements:
(a) Interior planting requirements (non-vehicular use areas):
1. Eight large trees and three medium to small trees per acre (cf. list in street tree ordinance).
2. Twenty shrubs and/or ornamental grasses per acre.
(b) For perimeter screening/setback (non-vehicular use areas):
1. Setback of ten feet to adjoining property.
2. Follow one of the following:
A. One small to medium tree per 60 feet of boundary (cf. list in street tree ordinance).
B. One large tree and four shrubs per 100 feet of boundary (cf. list in street tree ordinance).
(5) Must be maintained to the ordinance specifications, which includes number of trees/shrubs and health, following initial planting.
(6) Minimum planting size for shrubs is at least three gallon size and trees is two inch in caliper or six feet of height for evergreen trees, shrub or ornamental grasses.
(7) Visibility of traffic is not to be obstructed by any of the requirements in this section, e.g. no large shrubs on corners of intersections, parking lot exits, etc.
(8) These are minimum landscaping requirements.
(9) List of invasive plant species (Exhibit A of Ord. 9-2020) not to be used in new landscaping developments. This list is to be kept current with invasive plants species rated as Medium or High on the Indiana Invasive Species Council list (found at www.indianainvasivespecies.org) and be in accordance with Knox County Invasive species ordinance.
(E) Grounds permit. Prior to the development or redevelopment of any aforementioned area, a grounds permit must be obtained from the LRC. Issuance of this permit is contingent upon the following:
(1) Submission of landscape plan. The property owner shall submit to the City Inspector's Office five copies of a combination site plan-planting plan. Said plan, hereafter referred to as a “landscape plan,” shall be required for all areas mentioned above. When the vehicular use area is relative to a proposed new structure, the landscape plan shall be submitted by the time of submittal of building plans of the proposed structure.
(2) Review of landscape plan. Within ten days of receipt of the plan by the City Inspector's Office, it shall be reviewed by the LRC, and if found in compliance with the requirements of this section, a grounds permit shall be issued.
(3) If not found in compliance, the LRC will review with the property owner suggestions in which the landscape plan could comply.
(4) Developer has two weeks to appeal decision of the City Inspector or City Tree and Landscape Commission to the Board of Zoning Appeals. If they do not appeal, or are still found noncompliant, no grounds permit will be issued.
(F) Existing plant material. In instances where healthy plant material exists on a site prior to its development, in part or whole, for purposes of off-street parking or other vehicular use areas, the LRC may adjust the application of the above-mentioned standards to allow credit for such plant material if, in its opinion, such an adjustment is in keeping with and will preserve the intent of this section.
(G) Penalty. Any person, firm or corporation violating any provision of this section shall be fined $100 upon conviction for each offense and a separate offense shall be deemed committed on each day during or on which a violation occurs or continued. Total fines are not to exceed $2,500. Individuals in noncompliance will be notified by a written letter and have 30 days to remedy situation before being fined.
(H) Reporting. The City Inspector and City Tree and Landscape Board will report annually to the City Council about the efficacy of the section. A list of businesses with landscape plans for the year and how those businesses complied will be included in the report.
(I) Existence of emergency. That an emergency exists and this section shall be in full force and effect from and after its passage and approval by the Mayor.
(‘71 Code, §§ 101.02 - 101.06) (Ord. 32-1986, passed 10-14-86; Am. Ord. 4-2008, passed 6-9-2008; Am. Ord. 10-2010, passed 5-24-10; Am. Ord. 8-2018, passed 6-9-18; Am. Ord. 9-2020, passed 7-27-20)