[Ord. No. 09-012 §1, 4-6-2009; Ord. No. 23-050, 7-17-2023]
A.
Purpose. The purpose of this Article is to:
1.
Preserve and protect the health, safety and general welfare
as well as preserve and enhance the natural beauty of Ozark.
2.
Provide visual buffering from streets and potentially incompatible
land uses and to generally enhance the quality and appearance of a
development site, and the City in total.
3.
Protect trees and vegetation that offer aesthetic, ecological,
and economic benefits to the City and its citizens.
4.
Promote the use of native species that occur within the region
as the result of natural processes and are adapted to local environmental
conditions. These species have co-evolved with other native species
and are critical to ecosystem functions.
5.
Discourage the use of invasive species, which are aggressive,
non-native species whose presence causes or is likely to cause harm
to the environment, economy, and/or human health. Any species identified
as an invasive species by the Missouri Department of Conservation
are extremely discouraged.
B.
The requirements of this Chapter shall apply to all public, private
and institutional developments and/or new construction requiring a
building permit within the City of Ozark.
C.
Alternative Landscape Plans.
1.
Alternative landscape plans are a method to provide a less traditional
plan while still providing an appropriate level of landscape quality
that meets the intent of the various requirements of this Section.
It is not the intent of this Section to allow alternative compliance
on the basis of economic hardship.
2.
An alternative landscaping plan is justified only when one (1)
or more of the following conditions apply:
a.
The site involves space limitations or unusually shaped parcels:
b.
Topography, streams, natural rock formations, sod, vegetation
or other site conditions are such that full compliance is impossible
or impractical;
c.
The applicability of this Chapter would cause safety concerns
to persons or property;
d.
Allow existing mature and healthy vegetation to be preserved
on a site; or
e.
Additional landscaping and tree plantings are elsewhere on the
site that will be visible from public right-of-way.
D.
All property with existing development on the effective date of this
Chapter which is not in compliance with the provisions of this Section
shall be considered non-conforming uses and allowed to continue until
a building permit is issued for enlargement of a structure or building.
At such time the following requirements shall be met:
1.
If enlargement of an existing structure or building requires
open space be provided, the buffer yard, parking area and perimeter
landscaping requirements shall be met to the maximum extent feasible
without requiring existing structures or buildings to be removed or
moved and that existing pavement only be removed as a last recourse.
2.
No additional open space or buffer yard shall be required if
a use expands into or is established in existing floor area that was
previously approved but unfinished.
3.
New open space and/or landscaping shall be widely distributed
throughout the site and not concentrated in only a few locations.
4.
Final landscaping and buffering plans for the expansion of existing
developments shall be submitted to the Planning and Development Department
for review.
5.
All final landscaping and buffering plans will be approved on
a case-by-case basis.
[Ord. No. 09-012 §1, 4-6-2009]
A.
The
provisions of this Chapter shall be administered and enforced by the
Ozark Planning and Development Department.
B.
If
the provisions of this Chapter conflict with other ordinances or regulations,
the more stringent limitation or requirement shall govern or prevail
to the extent of the conflict.
C.
When applicable, the provisions of this Chapter shall be in compliance with Chapter 240 of the Code of Ordinances of the City of Ozark regulating the planting, maintenance and removal of trees, shrubs and other plants affecting publicly owned property.
D.
If
at any time after the issuance of a certificate of occupancy the Planning
and Development Department determines that the approved landscaping,
screening and/or buffer does not conform to the standards and criteria
in this Chapter, a notice shall be issued to the owner and to any
known tenant or agent citing the violations and describing what action
is required to comply with this Chapter. The owner, tenant or agent
shall have thirty (30) days from the date of said notice to restore
the landscaping, screening and/or buffer as required. If any of the
items in question are not restored within the allotted time or arrangements
have not been made in conformance with this Chapter, such person shall
be in violation of this Chapter. It is the responsibility of the owner
of the property to comply with these requirements.
[Ord. No. 09-012 §1, 4-6-2009]
A.
No
building permit shall be issued for the improvement of any site, the
construction of any building or the establishment of any use for which
a landscaping plan is required until such plan has been submitted
and approved by the City.
B.
A certificate
of occupancy shall not be issued for any building or structure until
all screening, buffering and/or landscaping is in place as required
in this Chapter. The Planning and Development Department has the authority
to deny the issuance of a final occupancy permit until such time as
the landscaping is installed according to the requirements of this
Chapter.
C.
In
any case where a certificate of occupancy is sought and the landscaping
is not completed due to the season of the year or at any time the
prevailing weather conditions make it impractical to plant trees,
shrubs, or grass, or to lay turf, including, but not limited to, drought,
heat, or rain, a temporary certificate of occupancy may be issued,
notwithstanding the fact that the landscaping required by this Chapter
has not been completed, provided that the applicant has said parcel
at finished grade with top soil, has received approval on all required
inspections, and has deposited cash in an escrow account, held by
the City, in the amount of the estimated cost of such landscaping.
The amount of the escrow shall be calculated based on the latest Landscape
Escrow Cost Analysis Request form that is provided by the City. Such
escrow deposit shall be conditioned upon the installation by the applicant
of all landscaping required by this Chapter within sixty (60) days,
as determined by the City, and shall give the City the right to draw
upon the escrow deposit to complete said landscaping if the applicant
fails to do so. Such period may be extended for one (1) additional
sixty-day period at the sole discretion of the Community Development
Director, provided that the escrow deposit likewise is extended.
[Ord. No. 20-042, 6-15-2020; Ord. No. 23-050, 7-17-2023]
[Ord. No. 09-012 §1, 4-6-2009; Ord. No. 23-050, 7-17-2023]
A.
When
a parcel of property is subdivided for non-residential purposes, has
no landscaping master plan and each lot is to be sold separately,
each new lot owner/developer shall be responsible for submitting a
landscaping plan.
B.
The
landscaping plan shall be submitted concurrently with the appropriate
permit application, if required, to the Department of Planning and
Development. Staff shall review such plan and shall provide the applicant
with written comments explaining whether or not the proposed plan
meets City requirements. If the plan meets the criteria of this Section,
it shall be approved. If the plan fails to meet the criteria of this
Section, it shall be disapproved and a written statement setting forth
necessary modifications to bring the plan into compliance will be
provided by staff.
C.
The
following information is required on all landscaping site plans to
assure compliance with this Chapter:
1.
A minimum scale of one (1) inch equals fifty (50) feet;
2.
The location of all existing trees to be preserved;
3.
The location of all plant and landscaping materials to be used including,
but not limited to, plants, paving or other landscape features;
4.
The type of all plant material (canopy, understory, ornamental or
evergreen; shrub; grass, etc.) to be used;
5.
The quantity, spacing and size of all plant and landscaping material
to be used;
6.
The person and/or company responsible for the preparation of the
landscape plan.
[Ord. No. 09-012 §1, 4-6-2009; Ord. No. 23-050, 7-17-2023]
A.
The
following criteria and standards shall apply to landscape materials
and installation:
1.
Quality. All trees and shrubs used in conformance
with the provisions of this Chapter shall have well-developed leaders
and tops, roots characteristic of the species and shall show evidence
of proper nursery pruning. All plant materials must be free of insects,
diseases, mechanical injuries and other objectionable features at
the time of planting.
2.
Maintenance. The applicant is required to guarantee
the plants for one (1) year or the owner must replace them. The owner
of the property shall be responsible for maintaining, in a neat and
orderly manner at all times, the landscaping required by this Article.
Plant materials which die shall be replaced with healthy plant material
of similar variety and meeting the size requirement of this Chapter.
3.
Coverage. Grass, ground cover, shrubs and other
living landscape materials shall be used to cover all open ground.
Landscaping materials, such as stone, mulch, bark, etc., can be incorporated
into a landscape plan where appropriate.
4.
Trees. Trees referred to in this Section shall be
of a species common to or adapted to this area of Missouri. Tree diameter
shall be taken six (6) inches above grade. Trees shall have the following
characteristics:
a.
Canopy trees shall be deciduous trees that have a minimum height
of thirty (30) feet at maturity. All canopy trees shall have an outside
caliper width of one and one-half (1½) inches and a minimum
height of six (6) feet at the time of planting.
b.
Understory trees shall be deciduous trees that have a maximum height
of less than thirty (30) feet at maturity. All understory trees shall
have a caliper width of one (1) inch and a minimum height of six (6)
feet at the time of planting.
c.
Ornamental trees may be flowering or non-flowering trees. All ornamental
trees shall have a caliper width of one (1) inch and a minimum height
of five (5) feet at the time of planting.
d.
Evergreen or conifer trees shall have a minimum height of twenty
(20) feet at time of maturity. All evergreen or conifer trees shall
be at least six (6) feet high at time of planting.
e.
Trees shall not be placed where they interfere with site drainage
or where they shall require frequent pruning in order to avoid interference
with overhead power lines.
5.
Shrubs and hedges. Shrubs shall be a minimum of
eighteen (18) inches in height when measured immediately after planting.
Hedges, where installed, shall be planted and maintained so as to
form a continuous, unbroken, solid, visual screen which will be at
least three (3) feet in height within one (1) year after time of planting.
6.
Ground cover. Ground cover plantings used in lieu
of grass in whole and in part shall be planted in such a manner as
to present a finished appearance and reasonably complete coverage
within one (1) year after time of planting.
7.
Lawn grass. Grass areas may be sodded, plugged,
sprigged or seeded except that appropriate additional measurers shall
be used in swales, berms or other areas subject to erosion.
[Ord. No. 15-021 §1, 5-4-2015]
8.
Fences. Existing fences, which are in acceptable
condition, appropriate materials, and are in compliance with, located
on adjacent properties or on property lines may be credited towards
fulfilling the requirements of this Chapter. If a fence is required,
then it shall be constructed inside property boundaries to prevent
their removal by adjacent property owners.
[Ord. No. 09-012 §1, 4-6-2009; Ord. No. 23-050, 7-17-2023]
A.
Tree
Preservation.
1.
Every development on non-residential zoned property shall retain
all existing healthy and non-hazardous trees twelve (12) inches in
diameter or more as measured four and one-half (4.5) feet above grade
unless the retention of such trees can be shown to unreasonably burden
the development.
2.
No trees twelve (12) inches and greater in diameter as measured four
and one-half (4.5) feet above grade shall be removed from private
property prior to issuance of a land disturbance, grading, site, or
building permit. If work is started on the project site before a permit
has been issued, then a calculation of forty (40) canopy trees per
acre will be automatically required for the disturbed area.
3.
Existing trees twelve (12) inches and greater in diameter as measured
four and one-half (4.5) feet above grade that are removed from the
site must be replaced at a rate of one (1) tree per six (6) inches
of diameter of the existing tree. All replacement trees shall be at
least one and one-half (1.5) inches caliper.
4.
Exemption For Single-Family Homes. When a building permit has been
issued for a single-family home, the parcel on which the construction
is approved is exempt from the tree preservation and replacement requirements
of this Section.
5.
Subject to approval by the City Arborist, trees that are standing
dead or severely damaged by termites, lightning, or other acts of
God, and are removed as a safety precaution, are exempt from the replacement
and removal requirements of this Section unless the site is subject
to an approved landscape plan.
B.
Landscaping
Plan.
1.
When a demolition, land disturbance, or building permit is requested
for a property, the applicant shall use the landscape plan process
to identify how areas of natural vegetation, specified trees, and
natural forest areas will be protected during the development and
construction of the project.
2.
An inventory detailing the location and species of all trees twelve
(12) inches and greater in diameter as measured four and one-half
(4.5) feet above grade must be shown on the landscape plan. An applicant
may substitute forty (40) canopy trees per acre in lieu of an inventory.
3.
The landscape plan shall provide, to the maximum extent practical,
for the preservation of existing trees. It is the intent to discourage
the practice of removing all existing trees in the improvement or
development of properties within the City. Plans which provide for
clear cutting of existing trees shall be approved by the Planning
and Development Department only if the developer or contractor establishes
by clear and convincing evidence that the prohibition of clear cutting
substantially and unreasonably restricts his/her ability to develop
the property and that the development will not be economically viable
unless clear cutting is permitted. The following criteria also applies:
a.
No excavation or other subsurface disturbance may be undertaken within
the drip line of any tree twelve (12) inches in diameter or more and
no impervious surface (including, but not limited to, paving or buildings)
may be located within twelve and one-half (12 1/2) feet (measured
from the center line of the trunk) of any tree twelve (12) inches
in diameter or more unless compliance with this Subsection would unreasonably
burden the development.
b.
If space that would otherwise be devoted to parking cannot be so
used because of these requirements, as a result, the parking requirements
set forth in the Municipal Code of the City of Ozark, Missouri, cannot
be satisfied, the number of required spaces may be reduced by the
number of spaces "lost" up to a maximum of fifteen percent (15%) of
the required spaces.
4.
Any existing trees preserved on a site in proximity to any required
buffer yards, interior or perimeter landscaped areas and meeting the
specifications in this Section may, at the determination of the Department
of Planning and Development, be credited towards meeting the tree
requirement of this Article. Any tree for which credit is given shall
be in a condition that allows for long-term survival and shall be
in a location that conforms to the intent and standards of this Section.
|
Table 1.1: Amount of Credit Granted Per Tree Type and
Size
| ||
|---|---|---|
|
Existing Tree Type
|
Size*
|
Credit**
|
|
Canopy
|
2" — 3"
|
1
|
|
>3"
|
2
| |
|
Understory
|
1.5" — 3"
|
1
|
|
>3"
|
2
| |
|
Ornamental
|
1" — 2"
|
1
|
|
>2"
|
2
| |
|
Evergreen
|
5 — 8 feet
|
1
|
|
>8 feet
|
2
| |
|
*
|
Size in inches is the diameter of the tree measured four and
one-half (4.5) feet above grade.
|
|
**
|
To receive credit for buffer yard plantings, existing trees
must be located in the buffer yard.
|
C.
Trees
of exceptional quality due to size, large canopy cover, trunk diameter,
rareness, age or species located anywhere on the site may, at the
discretion of the City Planner, be credited as three (3) trees in
computing the minimum requirements in buffer yards and perimeter landscaping
areas.
D.
Existing
trees that are preserved and receive credit shall be marked on the
landscape plan and the amount of credit shall be indicated. Any trees
that receive credit and are later removed shall be replaced with the
number of trees for which credit was given.
E.
Existing
trees that are to receive credit for preservation shall be protected
during construction as follows:
1.
A temporary fence shall be constructed around the drip line of each
tree to be preserved prior to any grading or construction on the property.
2.
No heavy equipment shall be used or stored within the area enclosed
by the temporary fence.
3.
No building materials or soil shall be stored within the area enclosed
by the temporary fence.
4.
Installation of underground utilities should be avoided within the
area enclosed by the temporary fence. If installation of underground
utilities is necessary, tunneling shall be used as soon as roots one
(1) inch or greater in diameter are encountered, except that in the
vicinity of trees less than six (6) inches in diameter at six (6)
inches above grade, tunneling shall be used under the entire canopy.
Tunneling must occur below the main lateral level of roots or at least
two (2) feet below the surface, whichever is greater. Tunneling shall
be done from both directions. Soil shall be backfilled in the tunnels
to the same compactness as before removal. Fertilizer shall be added
to the backfill in tunnels.
5.
Road and grade cuts (for basements and foundations) shall be outside
the area enclosed by the temporary fence and at least one (1) foot
away from the tree trunk base for each one (1) foot of depth of the
cut.
6.
Fill may be placed within the area enclosed by the temporary fence
provided the fill material consists of good topsoil and of loamy texture
and does not exceed six (6) inches of depth.
[Ord. No. 09-012 §1, 4-6-2009]
A.
The
landscaping requirements for residential uses are set forth below.
1.
The requirements of Table 1.2 must be met before a final inspection
can be approved and a certificate of occupancy can be issued.
2.
Landscaping plans for multi-family developments shall be submitted
simultaneously with the site plan.
3.
Multi-family developments zoned "R-3" and "R-4" with structures sharing
a common wall shall comply with the requirements set forth in Table
1.3 if applicable.
4.
The requirements of Table 1.3 shall not count toward the requirements
of Table 1.2.
|
Table 1.2: Property Landscaping Requirements for Residential
Developments
| |||
|---|---|---|---|
|
Residential Type
|
Minimum Number Shade Trees
|
Minimum Number Ornamental or Evergreen Trees
|
Notes
|
|
Single-family, detached lots 10,000 square feet or larger
|
2 per lot
|
1 per lot
|
Minimum of 1 shade tree in front yard. Rear and side yards should
accommodate remaining trees.
|
|
Town houses; patio homes; two-family
|
1 per dwelling
|
1 per dwelling
|
Minimum of 1 shade tree per living unit in front yard. Rear,
side and common open space yards should accommodate remaining trees.
|
|
Multi-family dwellings (3-plex and greater)
|
2 per structure
|
3 per structure
|
Trees shall be evenly distributed throughout the project.
|
[Ord. No. 09-012 §1, 4-6-2009; Ord. No. 23-050, 7-17-2023]
A.
A landscaped
area at least ten (10) feet in depth shall be maintained along all
street frontage.
B.
The
use of a decorative wall in lieu of shrubs, not to exceed thirty (30)
inches in height, is allowed within street frontage landscape areas
and must be made of brick, stone or other decorative masonry materials.
C.
The
use of earth berms are allowed within the required landscape area
and must be at least three (3) feet higher than the finished elevation
of the parking lot. The use of an earth berm does not reduce the minimum
number of plants required in Table 1.3. A maximum slope of three (3)
(horizontal) to one (1) (vertical) is required.
D.
Street
frontage landscaping shall conform to the requirements of Table 1.3
within this Chapter.
[Ord. No. 09-012 §1, 4-6-2009; Ord. No. 23-050, 7-17-2023]
A.
When
a side and rear lot line does not abut a public right-of-way, a minimum
of a five (5) foot landscaped strip is required along the side and
rear lot lines of the development. If a lot of record exists that
has no lot lines adjacent to public right-of-way, all lot lines shall
meet the requirements of this Section.
B.
A five
(5) foot perimeter landscaping strip is required for each development
regardless if one is already in place from an adjacent, developed
lot.
C.
When
perimeter landscaping requirements cannot be met along lot lines due
to the existence of recorded access and/or utility easements, the
perimeter landscaping requirement shall be located along the inner
most boundary line of said easement.
D.
The
perimeter landscaping requirement may be waived, when appropriate,
along platted rear lot lines when the rear lot line in question abuts
an adjacent platted rear lot line having the same zoning classification
and similar use.
E.
The
side perimeter landscaping may be waived if the two (2) adjoining
lots share a common access drive.
F.
Required
trees and shrubs may be clustered to allow for the most effective
use of landscaping. All other areas shall be landscaped with grass,
ground cover or other appropriate landscape treatment.
G.
Perimeter
landscaping shall conform to the requirements of Table 1.3 of this
Chapter.
[Ord. No. 09-012 §1, 4-6-2009; Ord. No. 23-050, 7-17-2023]
A.
The
interior of parking areas shall be landscaped in accordance with this
Chapter.
B.
Areas
used for parking or vehicular storage which are located under, on
or within buildings are exempt from these requirements.
C.
The
Department of Planning and Development may require, where applicable,
landscaping plans for recreational use parking areas within residential
developments in an effort to conform to the standards and criteria
of this Chapter.
D.
One
(1) parking island is required for every twelve (12) parking spaces
on site. If ten (10) or more spaces remain, a parking island is required.
The dimensions of a parking island must be nine (9) feet by nineteen
(19) feet, the same as a parking stall and must be curbed to protect
the landscaping and trees. Planting islands shall be located such
that each island or planter is surrounded on at least three (3) sides
by parking area. The planting island must be evenly spaced among the
parking spaces in the lot and serve as vehicular circulation whenever
possible. The area at the end of parking lots that creates a green
space bordered by pavement on at least two (2) sides can be credited
toward an island at a rate of two (2) end areas equals one (1) island.
If end areas are utilized toward the landscape island requirement,
they shall contain the required plantings.
E.
If
a situation occurs causing the City's parking space requirements and
interior parking area landscaping requirements to be in conflict,
additional landscaping in other locations within the subdivision and/or
property in question may be proposed.
F.
Table
1.3 contains the amount of landscape treatment required per planting
island. The balance of the islands shall be planted in grass or other
vegetative ground cover.
G.
Required
trees must be planted within the island leaving a four (4) foot clearance
for car doors to open from any adjacent parking space.
H.
The
percentage of interior parking green space being proposed [five percent
(5%) minimum].
|
Table 1.3: Landscaping Requirements for Non-Residential
Developments
| ||||
|---|---|---|---|---|
|
Street Frontage Landscaping Requirements
|
Perimeter Landscaping Requirements
|
Interior Parking Area Landscaping Requirements
| ||
|
1 canopy; and 1 understory, ornamental or evergreen tree; and
4 shrubs per 100 linear feet. *1, *2, *5, *6, *7, *8
|
1 canopy; and 1 understory, ornamental or evergreen tree; and
3 shrubs per 100 linear feet. *1, *2, 3*, *5, *6, *7, *8
|
1 canopy and/or shade tree and 5 shrubs planted per island.
*4, *5, *8
| ||
|
*1
|
In the event that a street frontage and/or perimeter lot line
is less than 100 linear feet, a minimum of 2 canopy trees shall be
included within the project area for all new developments of 1 acre
or less. When linear dimensions cannot be used and the project area
exceeds 1 acre, 1 additional canopy tree per each acre, or fraction
thereof, shall be required.
| |||
|
*2
|
Where any lot line is less than 100 linear feet, 4 shrubs and
1 canopy tree or 2 understory ornamental or evergreen trees shall
be required.
| |||
|
*3
|
Where utility lines, easements or other conditions not under
the control of the developer limit the planting of canopy trees, each
required canopy tree may be replaced by 2 understory, ornamental or
evergreen trees.
| |||
|
*4
|
Developments that are adjacent to residential uses or that require
outside storage of materials, vehicles and/or equipment shall be required
to provide screening and/or additional landscaping along that portion
of the property where the storage area is visible, see the General
Standards — Screening Section.[1]
| |||
|
a.
|
Screening shall be installed in the form of a wood privacy fence
or other suitable material providing 12 month visual screening of
the storage area.
| |||
|
b.
|
In circumstances where a rear storage area has street frontage,
i.e., corner lots or rear street access, additional screening and
street frontage landscaping requirements shall apply.
| |||
|
*5
|
Any variance from the strict interpretation of these standards
may be submitted for consideration and approval by the Department
of Planning and Development in accordance with the alternative landscape
plan Section.
| |||
|
*6
|
Refer to Section 405.800 for sight distance and visibility requirements related to perimeter and street frontage landscaping.
| |||
|
*7
|
Fractions of 50 foot lengths shall be prorated by rounding up
when greater than 50 feet and down when less than 50 feet.
| |||
|
*8
|
Any combination of the required minimum number of trees may
be approved by the Department of Planning and Development. Additional
shrubs may not be substituted for tree requirements.
| |||
I.
When
more than ten (10) trees are to be planted to meet the requirements
of this Chapter, a mix of species shall be provided. The number of
species to be planted shall vary according to the overall number of
trees required to be planted. The minimum number of species to be
planted is listed in Table 1.4 below. Species shall be planted in
proportion to the required mix.
|
Table 1.4: Required Mixture of Tree Species
| |
|---|---|
|
Required Number of Trees
|
Minimum Number of Species
|
|
11 — 20
|
2
|
|
21 — 30
|
3
|
|
31 — 40
|
4
|
|
41 plus
|
5
|
[Ord. No. 23-050, 7-17-2023]
A.
The Core and Neighborhood Overlay District landscaping requirements
shall include the properties that are not single-family residentially
zoned, or single-family uses in the "C-4" Zoning District.
B.
Perimeter and street frontage landscaping shall be required around
all properties except those with buildings permitted to be constructed
to the edge of the sidewalk or property line(s).
C.
The perimeter and street frontage landscaping for parking lots and
vehicular use areas shall be designed and constructed to create a
headlight screen and an edge that minimizes the disruption of the
urban environment created by parking areas. The perimeter treatment
shall be consistent with the materials and colors of the existing
streetscape and surrounding structures. The perimeter treatment shall
consist of one (1) of the following:
1.
Comply with the general perimeter and street frontage requirements
of this Chapter; or
2.
In cases due to site constraints and size, the perimeter or
street frontage landscape may be reduced in width up to fifty percent
(50%) and required plantings can be installed through an alternative
landscaping plan approved by the Planning and Development Department;
or
3.
Parking area may have a zero (0) setback from the property line
with the addition of a low, decorative wall not to exceed thirty (30)
inches in height above parking grade, or twenty-four (24) inches high
when combined with landscaping, for the purpose of reducing glare
from vehicle headlights. An alternative landscaping plan shall be
provided to accommodate the required relocated plant materials within
the site boundaries.
[Ord. No. 09-012 §1, 4-6-2009; Ord. No. 09-026 §1 Exh. A, 7-6-2009]
A.
This
Section establishes requirements for buffer yards in order to minimize
the negative impacts of incompatible land uses on adjoining properties.
Whenever the installation of a buffer yard is required, the screening
requirement shall be in addition to any other applicable landscaping
requirements in conformance with this Article.
B.
In
order to promote creativity any variance from the strict interpretation
of these standards may be submitted for consideration and approval
by the Planning and Zoning Commission. The submittal will need to
conform to the alternative landscaping plan guidelines.
[Ord. No. 23-050, 7-17-2023]
C.
Refer to Section 405.800 for sight distance, visibility and utility easement requirements related to the safe placement of buffer yards and screening.
D.
Table 1.5 Buffering Requirements Between Different Land Uses.
|
Table 1.5: Buffering Requirements Between Different Land
Uses
| ||||||
|---|---|---|---|---|---|---|
|
Proposed Use
|
Adjacent Existing Use
| |||||
|
Single-family
|
Two- family units
|
Multi-family
|
Manufactured housing park
|
Commercial
|
Industrial A O
| |
|
Single-family residential
|
None
|
A
|
B
|
B
|
B
|
C C C
|
|
Two-family units
|
A
|
None
|
A
|
B
|
B
|
C C C
|
|
Multi-family
|
B
|
A
|
None
|
A
|
A
|
C C C
|
|
Manufactured housing park
|
B
|
B
|
A
|
None
|
A
|
C C C
|
|
Commercial
|
B
|
B
|
B
|
B
|
None
|
B B B
|
|
Industrial
Agriculture
Office warehouse
|
C
C
C
|
C
C
C
|
C
C
C
|
C
C
C
|
B
A
B
|
None A A
A None A
A A None
|
|
See Section 405.780 for definitions and standards for A, B and C buffer yard requirements.
|
E.
When
there is an intervening public street with a right-of-way width of
at least fifty (50) feet or railroad rights-of-way between two (2)
zoning districts, the appropriate buffer yard option, as shown in
Table 1.5, shall not be required except where the backs of the buildings
of the proposed use face the adjoining zoning district uses.
F.
When
an adjoining vacant property is zoned agriculture, the buffer yard
requirement may be waived or reduced at the discretion of the Community
Development Director.
[Ord. No. 23-050, 7-17-2023]
[Ord. No. 09-012 §1, 4-6-2009]
A.
The
developer of the proposed use shall be responsible for providing screening,
when required, in accordance with Table 1.5. Fractions of one hundred
(100) foot lengths shall be prorated accordingly. For these fractional
lengths, understory trees may be substituted for canopy trees at a
2:1 ratio.
2.
Buffer yard B. The following buffer area, plantings
and/or other structural screening are required per one hundred (100)
linear feet. Minimum width of buffer yard area shall be twenty-five
(25) feet.
[Ord. No. 23-050, 7-17-2023]
3.
Buffer yard C. The following buffer area, plantings
and/or other structural screen are required per one hundred (100)
linear feet. Minimum width of buffer yard area shall be forty (40)
feet.
[Ord. No. 23-050, 7-17-2023]
[Ord. No. 09-012 §1, 4-6-2009; Ord. No. 09-026 §§2 —
3, 7-6-2009; Ord. No. 23-050, 7-17-2023]
A.
Storage Containers.
1.
Outside trash receptacles, dumpsters, drop-off containers and all
other waste containment devices shall be fully screened with a six
(6) foot enclosure per the requirements in the below table.
B.
Outdoor Storage.
1.
The outside storage of supplies, materials and/or merchandise either
for sale, personal use, or utilized for the operation of an approved
land use in the General Commercial and Central Business Zoned Districts
shall be fully screened with a minimum of six (6) feet enclosure per
the requirements in the below table.
Outside storage is allowed in the rear yard only.
2.
The outside storage of supplies, materials and/or merchandise either
for sale, personal use or utilized for the operation of an approved
land use in the Industrial and Office Warehouse Zoned Districts shall
be fully screened with a minimum of eight (8) feet enclosure per the
requirements in the below table.
Outside storage is allowed in the rear yard only.
3.
Table 1.6 Screening Requirements for Materials, Supplies and Merchandise
|
Proposed Zoning Use
|
Types of Fencing
| ||||||
|---|---|---|---|---|---|---|---|
|
Match Building Materials
|
Architectural Metal Panel
|
Composite Lumber
|
Wood
|
Slatted Chain Link
|
Vinyl
|
Solid Masonry/Brick Wall
| |
|
"C-2"
|
X
|
X
|
X
|
X*
|
X
|
X
| |
|
"C-4"
|
X
|
X
|
X
|
X*
|
X
| ||
|
"I-1"
|
X
|
X
|
X
|
X*
|
X
|
X
|
X
|
|
"O-W"
|
X
|
X
|
X
|
X*
|
X
|
X
| |
|
"GM-U"
|
X
|
X
|
X
|
X*
|
X
|
X
| |
|
"R-3" and "R-4"
|
X
|
X
|
X
|
X
|
X
|
X
| |
|
*
|
Wood shall only be used where it matches the building exterior
in style, color, and texture.
| ||||||
a.
Alternative materials may be proposed to the Planning and Development
Department for consideration and approval.
[Ord. No. 09-012 §1, 4-6-2009]
A.
Buffer
yards and associated screening shall be the responsibility of one
(1) of the following:
1.
Either the owner of the property on which the screening and/or buffering
is located, provided that this responsibility shall be included as
a deed restriction placed on the property; or
2.
A homeowners' association with the authority to collect dues in an
amount sufficient to provide for required annual maintenance; provided
that a copy of the homeowners' association Charter and bylaws must
be filed with the Planning and Zoning Commission at the time of subdivision
plat approval.
[Ord. No. 09-012 §1, 4-6-2009]
A.
Whenever
an ingress/egress access intersects a public right-of-way or when
the subject property abuts the intersection of two (2) or more public
rights-of-way, a sight triangle, as set forth herein, shall be required.
In order to preserve sight distance, an unobstructed view shall
be maintained within the following:
In no instance shall vegetation, fencing, parking stalls, or
ornaments be planted or placed that would interfere with required
sight distances.
[Ord. No. 23-050, 7-17-2023]
1.
At no-stop intersections, the intersection shall be constructed so
that a person standing at a location on the centerline of any street
ninety (90) feet from the intersection of the street centerlines has
an unobstructed view to a point located on the centerline of the intersecting
street ninety (90) feet (in either direction) from the intersection
of the street centerlines.
2.
At stop intersections, the intersection shall be constructed so that
a person standing ten (10) feet back of the intersection right-of-way
lines on the stop street has an unobstructed view to a point on the
right-of-way line of the intersecting through street located seventy
(70) feet from the intersection of the right-of-way lines.
3.
At street connections to primary streets or State roads, the intersection
shall be constructed so that a person standing thirty (30) feet back
of the intersection right-of-way lines on the stop street has an unobstructed
view to a point on the right-of-way line of the intersecting through
street located one hundred fifty (150) feet from the intersection
of the right-of-way lines.
B.
Landscaping,
except required grass and low ground cover, shall not be located closer
than five (5) feet from the edge of any ingress/egress access pavement.
C.
In
the event other visibility obstructions are apparent in the proposed
landscape plan as determined by the Director of Public Works, the
requirements set forth herein shall be modified to the extent necessary
to remove the conflict.
D.
Plantings
on utility easements shall be limited to ornamental trees, shrubs
and hedges, ground cover and lawn grass. Each required canopy tree
may be replaced by two (2) understory or ornamental trees to reduce
conflicts with overhead utilities. Plantings in or adjacent to a utility
easement shall be coordinated with the utility company. When landscaping
requirements cannot be met due to the existence of recorded access
and/or utility easements, the landscaping requirement may be located
along the inner most boundary line of said easement or in an approved
alternative location.
[Ord. No. 23-050, 7-17-2023]
