[R.O. 2011 §400.933; Ord. No. 01-10 §1(21.01), 4-9-2001; Ord. No. 04-25 §1, 7-26-2004]
A. The
Council finds that:
1. Screening between two (2) lots lessens the transmission from one
lot to another of noise, dust and glare.
2. Screening can lessen the visual pollution that may otherwise occur
within an urbanized area. Even minimal screening can provide an impression
of separation of spaces and more extensive screening can shield entirely
one (1) use from the visual assault of an adjacent use.
3. Screening can establish a greater sense of privacy from visual or
physical intrusion, the degree of privacy varying with the intensity
of the screening.
4. The provisions of this part are necessary to safeguard the public
health, safety and welfare.
[R.O. 2011 §400.935; Ord. No. 01-10 §1(21.02), 4-9-2001; Ord. No. 04-25 §1, 7-26-2004]
A. Every
development shall provide sufficient screening so that:
1. Neighboring properties are shielded from any adverse external effects
of that development;
2. The development is shielded from the negative impacts of adjacent
uses such as streets or railroads.
[R.O. 2011 §400.938; Ord. No. 01-10 §1(21.03), 4-9-2001; Ord. No. 04-25 §1, 7-26-2004]
A. The
Council finds that:
1. Trees are proven producers of oxygen, a necessary element for human
survival;
2. Trees appreciably reduce the ever increasing environmentally dangerous
carbon dioxide content of the air and play a vital role in purifying
the air we breathe;
3. Trees transpire considerable amounts of water each day and thereby
purify the air much like the air-washer devices used on commercial
air-conditioning systems;
4. Trees have an important role in neutralizing wastewater passing through
the ground from the surface to ground water tables and lower aquifers;
5. Trees, through their root systems, stabilize the ground water tables
and play an important and effective part in soil conservation, erosion
control and flood control;
6. Trees are an invaluable physical, aesthetic and psychological counterpoint
to the urban setting, making urban life more comfortable by providing
shade and cooling the air and land, reducing noise levels and glare
and breaking the monotony of human developments on the land, particularly
parking areas; and
7. For the reasons indicated in Subdivision (6), trees have an important
impact on the desirability of land and therefore on property values.
B. Based upon the findings set forth in Subsection
(A), the Council declares that it is not only desirable but essential to the health, safety and welfare of all persons living or working within the City's planning jurisdiction to protect certain existing trees and, under the circumstances set forth in this Article, to require the planting of new trees in certain types of developments.
[R.O. 2011 §400.940; Ord. No. 01-10 §1(21.04), 4-9-2001; Ord. No. 04-25 §1, 7-26-2004]
Along both sides of all newly created streets that are constructed in accordance with the public street standards set forth in Article
XV, the developer shall either plant or retain sufficient trees so that between the paved portion of the street and a line running parallel to and fifty (50) feet from the centerline of the street, there is for every thirty (30) feet of street frontage at least an average of one (1) deciduous tree that has, or will have when fully mature, a trunk at least twelve (12) inches in diameter. When trees are planted by the developer pursuant to this Section, the developer shall choose trees that meet the standards set forth in Appendix E which is on file in the City offices.
[R.O. 2011 §400.943; Ord. No. 01-10 §1(21.05), 4-9-2001; Ord. No. 04-25 §1, 7-26-2004]
A. Every
development shall retain all existing trees eighteen (18) inches in
diameter or more unless the retention of such trees would unreasonably
burden the development.
B. No
excavation or other subsurface disturbance may be undertaken within
the drip line of any tree eighteen (18) inches in diameter or more
and no impervious surface (including, but not limited to, paving or
buildings) may be located within twelve (12) feet (measured from the
center of the trunk) of any tree eighteen (18) inches in diameter
or more unless compliance with this Subsection would unreasonably
burden the development. For purposes of this Subsection, a "drip line" is defined as a perimeter formed by the points
farthest away from the trunk of a tree where precipitation falling
from the branches of that tree lands on the ground.
C. The retention or protection of trees eighteen (18) inches in diameter or more as provided in Subsections
(A) and
(B) unreasonably burdens a development if, to accomplish such retention or protection, the desired location of improvements on a lot or the proposed activities on a lot would have to be substantially altered and such alteration would work an unreasonable hardship upon the developer.
D. If space that would otherwise be devoted to parking cannot be so used because of the requirements of Subsections
(A) or
(B) and, as a result, the parking requirements set forth in Article
XIX cannot be satisfied, the number of required spaces may be reduced by the number of spaces "lost" because of the provisions of Subsections
(A) and
(B), up to a maximum of fifteen percent (15%) of the required spaces.
E. Vehicle
accommodation areas shall be laid out and detailed to prevent vehicles
from striking trees. Vehicles will be presumed to have a body overhang
of three (3) feet six (6) inches.