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(A) The purpose of the landscaping regulations is to provide minimum standards for the selection, location, maintenance, and installation of landscape materials in order to maximize the benefit of such landscaping for both the community and the individual property owner. It is intended that the provision of trees, shrubbery, and groundcover shall be in accordance with this article so as to:
(1) Provide shade to reduce the ground temperature and building heat gain;
(2) Provide attractive landscaping to improve community aesthetics for the promotion of tourism and economic development;
(3) Provide soil stabilization to control erosion;
(4) Provide ground cover to protect the ambient air quality by reducing dust and loose soil;
(5) Provide plant material to visually buffer parking lot masses;
(6) Provide planted screening between residential districts and adjacent uses;
(7) Provide landscape plans to improve surveillance and visibility for the promotion of safety and CPTED (Crime Prevention Through Environmental Design) strategies; and
(8) Provide compliance with the landscaping regulation over time as vacancies and changes occur with nonconforming land, buildings, and uses.
(B) When provided in accordance with these regulations, landscaping materials are intended to contribute to the community-wide goals of beautification, energy conservation, and the conservation of the community’s water resources through the use of drought tolerant plants, efficient irrigation, reduced turf areas, and the fundamentals of xeriscape landscaping.
(C) The regulations as set forth within this article shall be in accordance with Chapter 192 of this code and are intended to be integrated with that chapter so as to provide adequate on-site stormwater detention/retention areas which are visually attractive and which provide for the multiple use of stormwater detention/retention areas wherever possible.
('80 Code, App. A, § 181) (Ord. 583, passed 9-16-1952; Ord. 2584, passed 9-16-1992; Ord. O96-77, passed 8-7-1996; Ord. O2010-32, passed 7-7-2010; Ord. O2017-024, passed 8-2-2017)
Required landscaping shall apply as follows.
(A) Applicability in zoning districts. The regulations as set forth in this article shall apply to all lots in all zoning districts.
(B) Change of use.
(1) When the use of a lot, parcel, land, building, or structure changes, or after five years of vacancy, or upon expansion of any building, parcel, structure, or use by an area or value of 50% or more, the development standards as set forth in this article shall apply.
(2) If the gross floor area of an existing building is increased by 50% or more cumulative after the effective date of this amendment, the requirements of this article shall apply to the entire lot upon which the building is located.
(3) If the land use of 50% or more of the gross floor area on a lot is changed cumulative after the effective date of this amendment, the requirements of this article shall apply to the entire lot upon which the building is located.
(4) The requirements for landscaping and irrigation within a parking lot (five or more spaces) as found in Article 16 of this chapter shall be provided in the manner set forth in this article except that when required to comply with development standards following the loss of a nonconforming status or change of use a landowner or tenant shall not be required to reduce the parking area by more than 10% or reduce the parking area to a size which would not satisfy the minimum parking requirements for any lawful use of such lot, parcel, or land.
(C) City landscaping guidelines. The city landscaping guidelines shall be used in conjunction with this article to provide guidance for both the commercial landscaping firm and the private property owner.
(D) Conflicts with other regulations.
(1) Where portions of this article are in conflict with other portions of the zoning code, the more restrictive regulation shall apply.
(2) Where portions of this article are in conflict with federal or state-mandated requirements for airports (FAA and/or military requirements for planting height limits and plant debris), or for the public utility companies as defined in § 154-01.07, the Planning Director may waive portions of the landscaping regulations to the extent of the conflict.
(E) Uses prohibited; alleys.
(1) Parking, loading activities, product display, and sales shall not be permitted in any required landscape area.
(2) Required landscape areas shall be maintained free from encroachment by any use, structure, vehicle, or feature not a part of the landscaping design, except as specified in this article.
(3) Alleys may not be counted toward fulfillment of the rear or side yard setback requirement. Rear or side yard setbacks along alleys shall not be required to be landscaped.
(F) De minimus standards. In cases where site development occupies 5% or less net site area, the landscape development standards of this article shall apply only to the developed area of the site.
('80 Code, App. A, § 181) (Ord. 583, passed 9-16-1952; Ord. 2584, passed 9-16-1992; Ord. O96-77, passed 8-7-1996; Ord. O2000-25, passed 5-3-2000; Ord. O2010-32, passed 7-7-2010; Ord. O2017-024, passed 8-2-2017)
(A) Landscape design.
(1) Recommended Plants List. Plant materials shall be selected from the City of Yuma Recommended Plants List, as found in the latest edition of the city landscaping guidelines.
(2) Xeriscape. Xeriscape landscaping incorporates water-conserving designs that take into account soil and drainage factors, microclimates, grouping of plants with similar water requirements, efficient irrigation systems, native vegetation, paving permeability, and low-water-using and drought tolerant vegetation. Xeriscape landscaping is not limited to cacti, boulders, and gravel; nor shall “xeri” be interpreted to mean “zero”.
(3) Irrigation required. All landscape areas shall include a permanent, water efficient, underground irrigation system controlled by automatic valves.
(4) Hydrozones. A key to the establishment of xeriscape landscaping that conserves water is to arrange plants in appropriate locations and not to interplant them with others that have different (i.e. higher or lower) water requirements. This grouping of plants into hydrozones is based on their water needs, and allows them to be irrigated and maintained efficiently. Plants with similar water use should be grouped together in distinct hydrozones.
(5) Existing trees. Existing trees preserved on a development site where the area under the canopy remains undisturbed and protected may be credited toward landscape tree requirements.
(6) Visibility triangles. Only landscape materials less than 30 inches in height are permitted in any visibility triangle, as defined in the latest edition of A Policy on Geometric Design of Highways and Streets published by the American Association of State Highway and Transportation Officials (AASHTO).
(7) Arizona Department of Transportation (ADOT) right-of-way. Parkways within the Arizona Department of Transportation (ADOT) rights-of-way shall be landscaped with trees, shrubs, and groundcover in conformance with the ADOT regulations.
(8) Public utilities and fire facilities.
(a) A minimum of three-foot wide clear space shall be maintained around the circumference of fire hydrants and Fire Department Connections (FDC). Groundcover materials used within this three-foot wide area shall be approved by the City of Yuma Fire Marshal.
(b) Trees shall not be planted directly under or over utility lines nor shall they be planted within utility easements. Trees which have a mature height of 25 feet or greater shall not be planted within 15 feet of overhead utility lines.
(c) A ten-foot clearance shall be maintained in front of the facilities and appurtenances of any public utility and a three-foot clear space shall be maintained around the circumference of any such facility or appurtenance. Groundcover materials used within this area shall be approved by the appropriate public utility.
(9) Protection of planted areas. Turf areas shall be separated from other planting areas by a minimum four-inch by four-inch concrete mow strip. Planted areas shall be separated from any adjacent paved or unpaved vehicular parking or drive area by concrete curbing measuring at least six inches by six inches above grade. Any plant material with a mature height of 18 inches or greater shall be set back at least two feet from any adjacent parking, aisle, or driveway.
(10) Provision of soil treatment. All non-vegetative planting areas shall be prepared with treatments to eliminate native seed germination. Typical methods for treatment include chemical pre-emergent sprays, soil fabric, mechanical removal, or a one and one-half inch ABC base beneath the non-vegetative groundcover.
(B) Plant and hardscape material.
(1) Trees.
(a) Purpose. Trees provide environmental, aesthetic, safety, and economic benefits. Environmentally, trees provide shade which reduces urban heat island effect, absorb carbon dioxide, and reduce stormwater runoff. Aesthetically, trees provide visual enclosure to streets, accentuate spaces, and add a human scale. Street trees serve to calm traffic speeds and absorb noise. Trees are known to increase property values and encourage pedestrian activity in retail environments. Trees are an important component of achieving effective Complete Streets, a policy adopted by the City in the Transportation Element of the City of Yuma General Plan.
(b) Types. Trees are classified in the City of Yuma Recommended Plants List as follows:
1. Street trees. Street trees are those that grow to an average mature height of 30 feet or more, generally have a high branching pattern, and upright or rounded crown form. Street trees are planted near the sidewalk or street to provide shade to pedestrians and visual enclosure to the street. The best species for street trees are low maintenance and produce low litter. Street trees shall be pruned and maintained to allow for minimum of 12 feet of clearance over any roadway and seven feet of clearance over any sidewalk.
2. Shade trees. Shade trees are those that grow to an average mature height of 30 feet or more, an average spread of 30 feet or more, and typically have a dense canopy that provides shade. The branching structure can be more spreading, vase-shaped, or layered than street trees.
3. Accent trees. Accent trees are small, ornamental trees that typically grow to a mature height of 15 to 20 feet. Accent trees can be used near overhead utility lines where tall trees are prohibited. Accent trees also include palm trees and saguaro cacti, although palms may not be used near overhead utility lines. Accent trees can be used to substitute required street or shade trees at a rate of two accent trees for each required street or shade tree.
FIGURE 1: Types of Trees
(c) Distribution and placement.
1. Street trees shall be placed at a maximum interval of 35 feet along all street rights-of-way.
2. Street trees shall be placed four to eight feet from the sidewalk or curb, and when space allows they shall be located in the tree belt between the street and the sidewalk.
FIGURE 2: Street Tree Placement
3. No tree shall be planted closer than four feet from the sidewalk or curb or closer than eight feet from any vertical structure or subdivision wall to avoid upheaval damage caused by the roots, unless other structural soil or stabilization methods are implemented.
FIGURE 3: Tree Placement to Avoid Upheaval
4. Trees may be clustered; however no tree shall be located within 20 feet of another tree.
(d) Size. Required trees shall be planted at a minimum size (height, width, and caliper) as specified in the latest edition of the Arizona Nursery Association’s “Container Grown Tree Guide”, a copy of which will be maintained on file by the Department of Community Development. For every project, the container size for 50% of the required trees shall be a minimum of 24 inch box and 50% shall be 15 gallon container.
(e) Minimum required uncompacted soil per tree. Each tree well shall have a minimum of 150 cubic feet of uncompacted soil. Provisions for the required uncompacted soil shall be reflected in the landscape plan and details. If the minimum volume of uncompacted soil cannot be provided, structural soils or structural planting aides may be used to prevent compaction under paved surfaces.
(f) Staking. All trees shall be staked with two lodgepole stakes seven feet in height above grade with wire ties protected with rubber fittings. Staking details shall be shown on the plans submitted for approval.
(g) Mix of species. As it is desirable to have a mix of species and genera represented in the urban forest in order to protect against the loss of trees due to disease, insects, or environmental conditions, the following guidelines shall be used:
1. Plantings of five or fewer trees may all be of the same genus;
2. Plantings of six to ten trees must use at least two different genera, with roughly equal numbers of each;
3. Plantings of more than ten trees shall use no more than 30% of trees in any one genus.
(2) Shrubs.
(a) Purpose. Shrubs serve to provide visual screening between uses, create a colorful focal point, stabilize soils, cut glare, and prevent evaporative water loss.
(b) Distribution and placement. Shrubs shall not be placed in a planting area less than three feet wide, in either the width or length dimension. Shrubs can be clustered at driveway entrances, building entrances, property corners, and around signage to create distinct focal points. Encroachment into the visibility triangles shall not be permitted.
(c) Size. Required shrubs shall have a minimum mature growth height of 18 inches. For every project, the container size for a minimum of 50% of the required shrubs shall be five gallon, and in no case shall any shrub container size be less than one gallon.
(3) Groundcover. Required groundcover may be of two types, vegetative or inert.
(a) Purpose. Groundcover serves to reduce dust, stabilize soils, cut glare, and prevent evaporative water loss.
(b) Vegetative groundcover consists of living plant materials generally characterized by primary horizontal growth, as well as secondary vertical growth generally not exceeding 18 inches in height and includes grass/turf. Vegetative groundcover is not required, but groundcover plants of a one-gallon container size may be used to substitute required shrubs at a rate of three groundcover plants per one required shrub. Refer to the Recommended Plants List for groundcover plant species approved for use in City of Yuma rights-of-way.
(c) Inert groundcover consists of landscape rock such as gravel, decomposed granite, or crushed rock, with a minimum size of one-quarter inch screened. Unscreened road base material is not an acceptable material. Other materials, such as artificial turf, are also approved.
1. All non-turf areas shall be top dressed with inert groundcover such as landscape rock or approved alternative and supplemented and replaced as needed.
2. In all landscape areas, landscape rock of a color other than Yuma Grey is preferred. Except in retention basins, if the landscape rock is Yuma Grey, the following applies:
i. A minimum of 20% of the total required landscape area must be rip rap of a color other than Yuma Grey. The size of the rip rap is to be a minimum of three inches and a maximum of eight inches.
ii. One boulder is required for every 500 square feet of total required landscape area, with the boulders of a color other than Yuma Grey. Minimum size of the boulders shall be 18 inches.
3. Colored gravel is required in all landscape areas within special zoning district overlays, including: the Auto Center Overlay, the Aesthetic Overlay, and the Historic District Overlay.
(4) Prohibited plants.
(a) The use of the following plant types is prohibited due to their pollen and seeds which aggravate allergies and other health problems:
1. Common Bermuda grass (Cynodon dactylon);
2. Mulberry, female (Morus spp.); and
3. Olive (Olea europaea) except the male or fruitless varieties.
(b) The use of the following plant types is prohibited within the City rights-of-way areas due to their tendency to create visibility problems as well as because of their invasive root structures.
1. Palms;
2. Ficus;
3. Elm; and
4. Eucalyptus.
('80 Code, App. A, § 181) (Ord. 583, passed 9-16-1952; Ord. 2584, passed 9-16-1992; Ord. O96-77, passed 8-7-1996; Ord. O2010-32, passed 7-7-2010; Ord.O2014-06, passed 2-19-2014; Ord. O2017-024, passed 8-2-2017) Penalty, see § 154-999
(A) Single-family residential requirements.
(1) Single-family residential landscape installations on lots equal to or greater than 5,000 square feet in size installed as part of new construction or remodel are subject to the standards set forth herein.
(2) A minimum of one 15-gallon shade or street tree is required within the front yard setback of all single-family residences and provided with a permanent irrigation system. Tree requirement must be fulfilled before the Certificate of Occupancy for the residence is issued.
(a) One saguaro cactus a minimum of eight feet in height or three 5-gallon ocotillo plants may be used as a substitute the tree requirement.
(b) The developer and/or homeowner may submit a signed and dated Agreement for Installation of Landscape prior to the issuance of the Certificate of Occupancy stating the tree will be installed within three months following the issuance of the Certificate of Occupancy.
(3) When the single-family residence is adjacent to a tree belt with a width of at least eight feet, a minimum of one street tree is required to be planted in the tree belt, and provided with a permanent irrigation system.
(B) Requirements for all other zoning districts. Required landscape is classified into four categories: perimeter, off-street parking, other areas, and retention basins, as outlined herein. Multiple categories can apply to one property or parcel.
(1) Perimeter.
(a) Streetscape zone (including all streets surrounding a subdivision). Abutting all public street rights-of-way shall be a streetscape zone maintained exclusively as landscape areas with vegetation and hardscape materials measured from the back of curb for the first 20 feet or until the vertical plane of the building, whichever is less. The streetscape zone shall be calculated regardless of public rights-of-way or setback delineations. In residential districts, the streetscape zone is required for all streets surrounding a subdivision and any non-residential uses within the subdivision.
FIGURE 4: Streetscape Zone Examples
1. Trees. Street trees are required to be planted every 35 linear feet along the street right-of-way, as measured from the center of the trunk. Street trees shall be planted in accordance with the distribution and placement requirements of this article.
2. Shrubs. Along arterial and collector streets, shrubs are required at a rate of four per required tree, except in certain pedestrian-oriented streetscape zones where shrubs may be reduced.
3. Groundcover. For all landscape areas within the streetscape zone, colored landscape rock shall be used as top dressing. Vegetative groundcover is permitted, but not required. For any area to be dedicated to the City of Yuma, no vegetative groundcover is permitted, but artificial turf is allowed.
4. Building frontage/location.
i. If a building or structure is located ten feet or less from the back of curb, no trees are required and all areas located between the buildings and the back of curb must be either landscape or hardscape.
ii. If a building or structure is located at least ten feet from the back of curb, trees are required along that street right-of-way.
5. Special landscape treatment, may be required for Gateway and Historic/Scenic Routes as recommended in plans referenced in the General Plan.
(b) Medians. Median width is measured from the back of median curb to back of median curb. The minimum width for a landscaped median is eight feet.
1. Trees. Trees are allowed only in medians with a width of 15 feet or greater, shall be planted at a rate of one tree per 35 linear feet, and shall be located a minimum of five feet from the back of median curb. Species shall be selected from the Recommended Plants List as approved for medians. Trees shall be located so that the expected mature tree canopy does not ultimately extend into the street right-of-way. Maintenance access shall also be considered in relation to traffic movement.
2. Shrubs. Shrubs shall not be required for medians, but may be planted, with the approval from the city, within medians with a width of eight feet or greater. Mature size of the shrub shall be carefully considered to avoid eventual encroachment into the street.
3. Ground cover. Colored landscape rock shall be used as top dressing in all medians eight feet or wider. No vegetative ground cover or living grass is permitted, but artificial turf is allowed. Any portion of any median fewer than eight feet in width may be treated with stamped concrete or other approved inert material.
(c) Screening between zoning districts. Required screening setbacks between residential districts and adjacent uses shall provide sufficient screening in order to mitigate the effects of potential nuisances such as dirt, litter, noise, heat, and glare of lights. The screening shall be composed of plant material and, depending on the zoning district, a seven foot high solid masonry wall.
1. Trees. One per 35 feet (on center) of solid perimeter screening or subdivision wall; 15-gallon container (non-deciduous).
2. Shrubs. One shrub per eight linear feet on center.
3. Rear, service side, and/or loading docks. Shall be screened from view by a masonry screening wall seven feet in height.
4. Screen row. A screen row of 15-gallon trees (non-deciduous) planted 25 feet on center (or major fraction thereof), shall be provided along any lot line for a lot on which a residential structure greater than one-story in height is located with a lot line adjacent to any other residential structure.
(2) Off-street parking. Incorporating trees and shrubs in parking lots provides shade for people and cars, reduces the urban heat island effect, intercepts stormwater, improves aesthetics, improves air quality, provides visual screening, and creates a habitat for wildlife.
(a) Landscape within parking lots.
1. Trees. For parking lots with eight or more spaces, one shade tree is required for every eight spaces or major fraction thereof. Trees shall be evenly distributed within the parking lot in tree wells with a minimum of 50 square feet of pervious area, or, when tree wells are not possible, located within four feet of the perimeter of the parking lot. At a rate of one and a half per required tree, trees may be planted within five feet of the outer perimeter of the parking lot to meet this requirement. Trees required for other landscape areas cannot be double-counted to fulfill this requirement. Trees planted outside the perimeter of the off-street parking lot but intended to count towards the requirements for off-street parking areas shall be clearly identified as such on the plan. Required trees may be eliminated for spaces located directly under a covered parking canopy.
FIGURE 5: Parking Lot Design Options
(b) Screening for off- street parking. On the exterior edge of an off-street parking lot containing 15 or more spaces, a planting strip not less than five feet in width shall be provided parallel to any street rights-of-way and planted with shrubs as specified below to achieve 80% visual screening with a minimal height of three and one-half feet at maturity. This screening may also include walls, but in no case shall a structure or shrub be placed within any visibility triangle for driveways or streets.
1. Shrubs. Minimum of one per eight feet (on center) of parking lot adjacent to a public right-of-way.
(3) Other areas. All other areas of the site not specifically addressed in this section shall be landscaped. This includes all parts of a site not devoted to decks, patios, structures, driveway and/or parking improvements, lighting, sidewalks, signs, solid waste/recyclable materials collection and storage, and similar improvements.
(a) For any landscape area adjacent to the streetscape zone, inert groundcover is required as top dressing and shall match that used in the adjacent streetscape zone.
(b) Future building pads in development projects within the Transitional (TR), Limited Commercial (B-1) and General Commercial (B-2) Districts. Top dressing shall be inert groundcover, vegetative groundcover, or combination thereof. This helps control particulate matter (PM10) and improves aesthetics.
(4) Retention basins.
(a) General requirements.
1. Retention basis shall be designed, graded, and landscaped so as to aesthetically enhance the natural configuration of the area. Plantings located in the basin shall be adaptable to periods of submersion. Retention basins shall be shaped consistent with good landscape design standards as well as meeting the stormwater retention requirements of Chapter 192. Retention basins shall be designed in order to facilitate multiple uses of the basin whenever possible.
2. Graded slopes shall be designed to provide gentle, undulating contours (contour grading) and shall maintain an average slope of 4:1 and shall not exceed a slope of 3:1. Trees, shrubs, or vegetative groundcover shall not be planted on a slope greater than 4:1.
3. Trees and shrubs shall not be planted within 20 feet of inlets, outlets, or maintenance access ramps within any basin.
4. Gunite or concrete groundcover within retention basins shall be prohibited, except as necessary for the primary purpose of the basin and for walking paths. In all cases, the designed bottom elevation of the retention basin shall be a minimum of one-foot above the highest recorded ground water level.
5. Six-foot high wrought iron fences (designed to discourage climbing), or equivalent as approved by the Zoning Administrator, shall be installed around retention basins which have a designed water depth greater than three and one-half feet, and shall allow the basin to be visible at all times. Openings in the fence shall not allow the passage of a six-inch sphere. Any pedestrian gates shall be of a self-closing and self-latching type. In all cases, the requirements for the visibility triangle shall be applicable.
6. Rip rap is required at the inlets and outlets. Rip rap shall have filter fabric underneath.
7. Unless dedicated for use as a neighborhood park, basins dedicated to the City of Yuma shall not have grass and shall be planted with xeriscape plants chosen from the Recommended Plants List.
8. Major redesign of retention basins requires submittal of a landscape plan in accordance with § 154-20.06(B) and must comply with the stormwater retention requirements of Chapter 192.
(b) Requirements for retention basins by zoning district. Using Figure 6: Flexible Point System for Retention Basin Design, a project shall achieve a minimum number of points for each zoning district as indicated below. Choose at least one option from each category shown in Figure 6. These requirements apply only to basins not landscaped under another requirement set forth in this code. For any portion of the retention basin that is adjacent to a street, the landscape requirements for the streetscape zone shall be applicable in addition to the requirements of this section.
1. Residential zones.
i. Joint use retention basin/neighborhood park. Must earn a minimum of 50 points, be a minimum of five acres, with three acres of flat grass, and provide amenities. Must have approval from the Parks and Recreation Director to provide long-term maintenance or another funding mechanism for maintenance.
ii. Accessible basin. Must earn a minimum of 25 points. For residential subdivisions developed in multiple phases and as site planning constraints allow, the retention areas shall be co-located.
2. Commercial zones. Must earn a minimum of ten points. If a basin is adjacent to a collector or arterial roadway, it must earn an additional five points.
3. Industrial zones. Must earn a minimum of five points. If a basin is adjacent to a collector or arterial roadway, it must earn an additional five points.
4. Inaccessible Basins. In certain limited instances as determined by the Zoning Administrator, basins completely surrounded by a six foot or higher solid masonry wall shall be exempt from providing vegetation. Inert groundcover is required.
FIGURE 6: Flexible Point System for Retention Basin Design
Trees & Shrubs | 1 shade tree per 6000 SF of basin (except flat turf area) and 4 shrubs per tree | 0 |
1 shade tree per 4000 SF of basin (except flat turf area) and 4 shrubs per tree | 5 | |
Grass | No grass | 0 |
More than 30% of total area | 5 | |
More than 60% of the total area | 10 | |
More than 60% of total area to be a minimum of 3 acres with slope between 3-5% for recreational use | 15 | |
Landscape Rock | 100% Yuma Grey | 0 |
Minimum 30% colored landscape rock | 5 | |
100% colored landscape rock | 10 | |
1 boulder per 5000 SF of basin | 5 | |
Colored rip rap at inlets/outlets | 5 | |
Amenities | None | 0 |
Play area, natural/informal | 5 | |
Minimum 4’ wide concrete walking path traversing the basin | 5 | |
Minimum 4’ wide concrete walking path with a minimum length of 1000 linear feet | 10 | |
Pedestrian-scale lighting around walking path | 10 | |
Ramada | 15 | |
Play structure | 15 | |
Basketball court | 15 | |
Creative Solutions | None | 0 |
Parking islands designed to capture and filter stormwater | 5 | |
Bioretention facilities such as vegetated drainage swales or stormwater planters | 5 | |
Retention capacity under parking lots (if 100% undergroun d, this chart does not apply) | 10 | |
FIGURE 7: Sample Design of Accessible Basin in Residential Zone
(5) Exceptions.
(a) Industrial lots larger than two acres. Industrial lots which have an area greater than two acres shall provide a total landscape area of 15% of the lot size or submit landscaping plans to the Zoning Administrator or designee (per § 154-20.06) in lieu of meeting the requirement to provide a total landscape area of 15% of the lot size. The Zoning Administrator or designee is authorized to approve landscaping plans that provide less than 15% of the lot size for industrial zoned property provided such plans meet the spirit and intent of the landscape code.
(Ord. O2010-32, passed 7-7-2010; Ord. O2014-06, passed 2-19-2014; Ord. O2017-024, passed 8-2-2017)
(A) Maintenance required. Property owners are responsible for the perpetual maintenance of all landscaped areas on their lot and adjoining public right-of-way, except any portion(s) of the parkway maintained by another entity. The owners of lots which do not have properly maintained landscaped areas will be subject to penalties as set forth in this chapter.
(1) Lack of maintenance shall constitute a violation of this article. The property owner and/or occupant or lessee shall be held jointly and severally liable for any infraction of the requirements set forth in this chapter.
(2) In the event a plant specified as required on an approved landscape plan dies or is removed, the property owner, occupant or lessee, and/or city are jointly responsible and shall replace the plant in the next planting season with one of a similar species with a similar size as specified in the approved landscape plan.
(3) Landscape plans shall designate whether plant material is to be kept in either a natural state (minimal pruning) or a formal state (regularly trimmed and pruned to a sculpted appearance). Plant materials shall be maintained as designated.
(B) Irrigation system maintenance required. Irrigation systems must be maintained and replaced as necessary to continue to conserve water. Detection and repair of leaky or broken pipes, valves, and fittings and malfunctioning and/or misaligned heads, emitters, and bubblers must be part of a regular maintenance program for the site. Automatic Irrigation Controllers are recommended to be reset a minimum of four times a year (spring, summer, fall, and winter) to adjust for plant water requirements that vary according to season. All irrigation systems shall be subject to the Uniform Building Code requirements of the city and shall be installed only as approved by permits issued by the Department of Community Development.
(C) Maintenance responsibility. All landscape areas must meet minimum landscape standards as set forth herein, and shall be maintained by home owners associations, maintenance districts, improvements districts, private individuals or companies, and/or the City Parks and Recreation Department and Public Works Department. For any streetscape or basin landscaped in excess of the minimum standards, the city will not be responsible for maintenance.
(D) City maintenance responsibility. The City of Yuma is responsible to ensure that maintenance is performed on all landscape areas located within dedicated parkways, medians, and retention basins. For any areas the City of Yuma agrees to maintain, a plant palette and design intent document shall be provided to the department in charge of maintenance.
('80 Code, App. A, § 181) (Ord. 583, passed 9-16-1952; Ord. 2584, passed 9-16-1992; Ord. O96-77, passed 8-7-1996; Ord. O2001-93, passed 11-20-2001; Ord. O2010-32, passed 7-7-2010; Ord. O2010-57, passed 11-17-2010; Ord. O2017-024, passed 8-2-2017) Penalty, see § 154-999
(A) Landscape plan submittal requirements.
(1) Preliminary landscape plan.
(a) Applicability. If your project requires discretionary review (preliminary submittal requirements), a preliminary landscape plan is required with your site plan or use review application.
(b) Contents. A preliminary landscape plan shall contain the location, description, number of proposed materials (including new and existing trees, shrubs, and groundcovers), and the proposed group responsible for maintenance.
(2) Final landscape plan.
(a) Applicability. A final landscape plan shall be submitted as part of the application for Site Plan Review and Approval. A final landscape plan shall be approved by the Director before the issuance of a building permit or recordation of the final plat.
(b) Building permit application. One copy of the landscaping plan shall be submitted to the Department of Community Development at the time of building permit application or zoning clearance (if applicable pursuant to this article). This plan shall be on file in the Building Safety Division for 90 days after the certificate of occupancy is issued and with the Community Planning Division thereafter.
(c) Contents. Final landscape plans shall contain the following information:
1. Development name, site address, and Assessor’s Parcel Number (APN);
2. Designer name, address, and phone number;
3. A minimum scale of not less than one-inch equals 20 feet, represented numerically and graphically;
4. A north arrow;
5. Property lines, adjacent rights-of-way and streets including names, zoning and use of adjacent properties, building footprints, the edge of all eaves, roof overhangs and cantilevered structures, parking lots, fences, driveways, intersection sight triangles, signage and associated sight triangles, walkways, easements, utility lines, poles and boxes, drainage structures, and other site improvements. All shall be drawn to scale with appropriate dimensions and labeled as existing or proposed;
6. Significant topographical features and the existing and proposed contours based on the proposed grading plan. Contour intervals of one-foot are preferred, but a maximum of two-foot contour intervals will be accepted. Exceptions to contours may be made, as approved by the Director;
7. Plant locations and spacing (including staking and soil mix), represented at approximate size at maturity and indicating proposed and existing, corresponding to the plant legend;
8. A plant legend that includes both common and botanical plant names, sizes (size of plant at installation and size at maturity), and the number of required and proposed trees, shrubs, and groundcover quantities;
9. An irrigation design plan identifying system layout and descriptions (e.g., automatic timing devices, backflow protection, moisture sensors, hydrants, sprinkler and bubbler details, drip system layout and specifications, and seasonal irrigation schedule);
10. A maintenance schedule, as defined in Ch. 154, Article 01.
11. If applicable, indications of proposed common and open space areas on the plan; and
12. If a development is planned in phases, required landscaping must be completed in sequence with development phases. These phases must be shown on the landscape plan.
(B) Encroachment permits required. Those projects which include use of the public right-of-way for landscaping shall include a request for an encroachment permit with a copy of the landscaping plan following building permit approval. If approved, the encroachment permit shall be issued by the City Engineer concurrently with building permit issuance by the Building Safety Division.
(C) Assurance of installation. Landscaping and irrigation systems shall be installed as approved on the submitted plans prior to issuance of a certificate of occupancy. An assurance of installation in a form approved by the city and executed by the lot owner and the financial institution for an amount sufficient to guarantee the installation of the approved landscaping plans within six months of occupancy shall be accepted by the Planning Director in lieu of immediate installation of the landscaping.
(D) Variances. The Hearing Officer shall have the power to grant variances from the specific requirements of this article, provided that it finds such a variance request to be in substantial compliance with the spirit and intent of these regulations. Should the variance requested constitute not more than a 20% difference in the code requirement, the request may be considered a minor variance, and reviewed under the applicable code provisions by the Minor Variance Committee. However, this authority does not grant the Hearing Officer or the Minor Variance Committee the power to waive all landscaping requirements.
('80 Code, App. A, § 181) (Ord. 583, passed 9-16-1952; Ord. 2584, passed 9-16-1992; Ord. O96-77, passed 8-7-1996; Ord. O2010-32, passed 7-7-2010; Ord. O2017-024, passed 8-2-2017)
(A) Any existing nonconforming use which is not otherwise unlawful may be hereafter extended throughout any part of a building or structure which was manifestly arranged or designed for such use at the time of the enactment of this chapter, but no building or structure containing a nonconforming use shall, except as may be authorized by a certificate of occupancy, be hereafter extended or enlarged except in conformity with the provisions of this chapter.
(B) No building or structure in which a nonconforming use is abandoned for a period of exceeding two years or is superseded by a permanent conforming use subsequent to the enactment of this chapter, shall again be devoted to any prohibited use.
(C) In no instance shall legally established nonconforming manufactured home parks, recreational vehicle parks and/or recreational vehicle cooperatives be expanded to increase the number of manufactured home spaces or recreational vehicle spaces.
(Ord. O2010-32, passed 7-7-2010)
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