A. Required Landscaping:
1. Required landscaping shall be installed in all yard areas, along the perimeter of the lot, around buildings, and all other portions of the property not specifically utilized for walkways, driveways, parking, loading, or other functions for which landscaping may not be practical as determined by the decision-makers.
2. Lawn areas in new commercial, industrial, institutional, and multi-family development common area landscapes shall not exceed twenty percent (20%) of the total landscaped area, except for lawn areas required for active recreation.
B. Use Of Sterilants, Weed Killers, Or Herbicides: The use of these products shall not be used as a permanent landscape solution. No sterilants, weed killers, or herbicides that result in soil conditions that preclude plant material to grow shall be permitted without the prior written approval of the Planning Commission. Such products shall be applied in conformance with Federal and State regulations.
C. Landscaping For Lots Which Are Partially Developed: At the discretion of the decision-makers, projects with substantial portions of the parcel area left for future development may be exempt from landscaping the undeveloped portion of the property. If any portion of the undeveloped area of the lot fronts a public right-of-way, standard improvements such as curb, gutter, sidewalk and installation of street trees and other appropriate landscaping shall be required at the time of the development.
D. Landscaping When Expansion Or Additional Development Occurs: If a parcel with existing development is proposed for additional development, and the expansion results in more than a ten percent (10%) increase in gross square footage the decision-makers have the discretion to review the landscaping installed on the entire property and may require conformance to the requirements of Section 10-39-5
. If the expansion or redevelopment results in less than a ten percent (10%) gross increase in square footage the Planning Commission shall require conformance with the landscape requirements of Section 10-39-5
for the new portion of the project only.
E. Landscaping Required For Interior Remodeling That Results in a change of use, where practicable, full compliance with this chapter shall be required when a change of use occurs that results in any modifications to the site and exterior of the structures. The Planning Commission, upon review of existing landscaping, may require partial compliance. Compliance is not required when a structure is changed in use and there is no change in exterior appearance and there are no Planning Commission or Design Review approvals required.
F. Landscaping and setback requirements for all new development, other than residential development, abutting U.S. Highway 89/91. The requirements set forth in the General Plan (see Standards for Development Projects) pertaining to highways require large setbacks from the highway and landscaping to maintain rural character and a quality image of the City. Landscaped setbacks from the highway right-of-way shall be a minimum of one hundred fifty feet (150'). Setbacks may vary, but the average along the entire highway must be a minimum of the required one hundred fifty feet (150'). When average setback is used, the setback shall not be less than sixty feet (60') at any location. Berming is not required, but is allowed, where buildings abut the front yard setback. Berming shall be required where parking lots, interior roads, drives, utilities, and/or service areas are adjacent to the setback (see Section 10-39-7
B Type "E" Separation). Earthen berming is required to be at least six feet (6') high with a base of at least forty feet (40'). Berms shall be continuous along the frontage except where driveway approaches access the main highway or in those areas of the setback where buildings are located. The highway setback may be used to meet stormwater storage requirements, but all berming and screening requirements shall be fulfilled. Stormwater detention and retention basins shall be landscaped as required for all other landscaped areas and shall conform to the Stormwater Code in Titles 8 Chapters 4 and 5.
Certain incentives for development are provided to allow the Planning Commission to modify the setback requirements. These incentives intend to encourage Highway development that is compatible with the goals of the city.
1. Landscaping setbacks may be reduced to seventy five feet (75') if determined by the Planning Commission that increased berming, screening, and landscaping ensures the purposes set forth in this Chapter. Specially, the height of berming, and the plant materials shall be increased sufficiently to compensate for the reduction in setback.
2. Landscaping setbacks may be reduced further by the voluntary development of a public trail running parallel to and within the front setback. The setback may be reduced equal to the width of the trail and is subject to the Planning Commission finding that the purposes of this Chapter shall prevail.
3. In order to encourage development at major lighted intersection, setbacks may be reduced to forty feet (40') adjacent to U.S. Highway 89/91 on land parcels which are located at future intersections where traffic lights will be allowed by agreement with the City of Wellsville and the Utah Department of Transportation. Specific parcels where reduced setbacks are allowed are as follows and as included in the CGC zoning district:
11-090-0007
11-089-0007
11-087-0008
11-087-0007
11-088-0022
11-091-0012
11-091-0011
11-091-00
G. Landscaping and setback requirements for new residential development abutting U.S Highway 89/91. The requirements set forth in the General Plan (see Standards for Development Projects) pertaining to highways require large setbacks and landscaping to maintain a quality image of the City. The landscaped highway setback shall be a minimum of one hundred fifty feet (150'). If the front of the home is facing the Highway no earthen berming is required, but setback area shall be fully landscaped. Where the side or the rear of homes face the highway, a two hundred foot (200') highway setback is required with berming (see Section 10-39-7
B Type "F" Separation) Berms shall be at least six feet (6') high with a base of at least forty feet (40'). Berms shall be continuous along the frontage. The highway setback may be used to meet stormwater storage requirements, but all berming and screening requirements shall be fulfilled. Stormwater detention and retention basins shall be landscaped as required for all other landscaped areas and shall conform to the Stormwater Code in Titles 8 Chapters 4 and 5.
Figure 10-39-5A: All new Development, except when abutting Highway 89/91, to be landscaped with buildings placed to screen parking and fronting on the primary street.
Figure 10-39-5B: All new development along Highway 89/91 required to provide a berm with a landscaped setback for parking, drives, and service areas.
Figure 10-39-5C: All new commercial/industrial development along Highway 89/91 where access is allowed is required to provide a berm with a 150' landscaped setback for parking, drives, and services areas.
Figure 10-39-5D: Residential Development along Highway 89/91 required to provide a berm with a landscaped setback. Residential dwellings are required to front on a single loaded roadway. The rear year of dwellings shall not be adjacent to the highway right-of-way. (see 10-39-4
G)
(Ord. 2019-04, 10-16-2019; amd. Ord. 2023-04, 4-19-2023)