Editor's Note — Ordinance no. 3001 §1, adopted December
23, 2008, repealed title IV in its entirety. See editor's note at
beginning of title IV.
[Ord. No. 3001 §1, 12-23-2008]
A.
The
district regulations hereinafter contained in this Section qualify
or supplement, as the case may be, the district regulations appearing
elsewhere in this Code.
B.
This
Code prohibits the placement of single or multiple-dwelling residential
buildings within non-residential districts, i.e., commercial/industrial
or the business park district.
[Ord. No. 3001 §1, 12-23-2008]
A.
It
is the purpose of this Section to provide reasonable minimum standards
for the preservation of areas of natural tree cover and other unique
characteristics of the landscape within the City, to facilitate new
development in harmony with intrinsic environmental values, establish
appropriate buffer areas between various development types and individual
parcels, encourage interspersion of landscaped nodes within parking
areas and to, in an orderly manner, establish a visually pleasing
and functional streetscape.
1.
General requirements. Anything in the Fenton City
Code to the contrary notwithstanding, all new development within the
City, except for detached single-family homes on platted lots and
including an addition or exterior reconstruction of any existing non-residential
building or the development enlargement or reconfiguration of any
parking lot, shall comply with the provisions of this Section.
a.
There shall be a landscape plan prepared and submitted which enumerates
plantings size and species with their location which will present
the development's specific criteria regarding uses of outside space,
including ground cover, buffers and shade trees. This plan will be
presented for review and approval by the Director and, when otherwise
be required by this Chapter, for review by the Planning and Zoning
Commission and the Board of Aldermen.
b.
No street tree shall be planted closer than forty (40) feet from
any street corner measured from the point of intersecting property
lines. No tree shall be planted closer than ten (10) feet to any fire
hydrant. Trees planted on any public property shall be selected from
the City's designated list of acceptable street trees. A list of acceptable
street trees shall be maintained on file with the Community Development
Department.
c.
The City may plant, prune, maintain and remove trees, plants and
shrubs within any City rights-of-way or public ground as may be necessary
to ensure public safety or to preserve or enhance the symmetry and
beauty of such public grounds.
d.
It shall be unlawful for any person to top any street tree, park
tree or other tree on public property. As used in this paragraph, "top" means the severe cutting back of limbs to stubs larger
than three (3) inches in diameter within the tree's crown to such
a degree as to remove the normal canopy and to disfigure the tree.
e.
Property owners of trees severely damaged by storms, natural causes,
human accidents or trees impairing the use of utility wires or presenting
an unusual obstruction where other pruning practices are impractical
shall notify the Public Works Department for permission to properly
trim or remove the tree.
f.
Every owner of any tree overhanging any street or right-of-way in
the City shall prune the branches so that such branches shall not
obstruct the light from any street lamp or obstruct the view of any
street intersection and so that there shall be a clear space of eight
(8) feet above the surface of the street or sidewalk. Such owner shall
remove all dead, diseased or dangerous trees or broken or decayed
limbs which constitute a menace to the safety of the public. The City
may prune any tree or shrub on private property when it interferes
with the proper spread of light along the street from a street light
or with the visibility of any traffic control device or sign to a
height of twelve (12) feet above edge of pavement.
2.
General community tree conservation.
a.
Projects requiring site plan review shall demonstrate that the design
has been accomplished to preserve the existing natural landscape character
of the site to the extent that it is reasonably feasible. A conservation
plan which includes specific dimensions and/or quantities of landscaping
materials to be added or removed, plant species impacted or to be
used and construction protection methods for trees will be required
for preserving an existing tree or planting a replacement tree(s)
as a condition of site plan approval.
b.
If required, the conservation plan should clearly set forth all trees
over six (6) inches in diameter at a height of twelve (12) inches
above average grade with an indication of which trees will be removed
and which trees will be retained. All trees removed which are six
(6) inches in diameter (caliper) or greater shall be replaced with
equal caliper inches of similar type trees. Planting plans shall provide
calculations to demonstrate that the caliper inch replacement is in
accordance with conservation plan. All utility installations, stormwater
retention/detention areas or ponds shall be undertaken with a minimum
amount of tree removal. Specimen trees, those of predominant stature
and species and those important to wildlife are to be retained to
the maximum extent possible.
c.
Erosion control plans are required for utilizing the existing trees
and vegetation to the maximum extent possible to reduce runoff, control
flooding or stabilize the soil.
d.
The grade of land within the dripline of a tree designated to remain
shall not be raised or lowered more than six (6) inches unless a well
or retaining wall is used.
e.
A written statement of reasons for clearing the trees on an undeveloped
site must be presented to the City for review and approval.
f.
No trees shall be removed within twenty-five (25) feet of the riparian
(stream bank) corridor without written permission from the City.
g.
Tree protection during construction. During any
construction operations on the property, the contractor or builder
will erect suitable protective barriers around all trees to be preserved.
The builder or contractor will make sure that the trunks, branches
and root structures are not damaged by construction equipment.
3.
Residential development.
a.
In reviewing any proposed subdivision plan, the Planning and Zoning
Commission shall strictly adhere to a policy of requiring the preservation
of the maximum number of existing trees or planting of new tree stock
as the replacement for removing the existing trees in common grounds.
b.
The owner or developer of a proposed subdivision shall submit a plan,
along with the preliminary plat, depicting the limit of grading or
clearance and including a notation that all trees beyond the limit
of grading shall remain.
c.
No trees shall be removed or grading begun until the preliminary
plat has been approved.
d.
The subdivider of any residential subdivision shall plant trees on
all streets between the sidewalk and the street curb, unless a specific
variance is requested with application and approved by the Planning
and Zoning Commission. There shall be at least two (2) trees planted
in front of each lot with one hundred (100) feet or less of frontage.
Where the lot is located at the intersection of two (2) or more lots,
the "frontage" means all sides which face each street. If the frontage is more than one hundred (100) feet, a tree shall be planted every forty (40) feet. The size and type of tree shall be identified on the plan and submitted to the City for approval; a minimum two (2) inch caliper tree is required. (Refer to Subsection (2)(b) of this Section for additional requirements.)
e.
Any individual developing a detached single-family lot shall meet
all of the above requirements for tree planting.
f.
For any attached single-family development or within any multiple-family
residential development a tree shall be planted every forty (40) feet
along all streets. In addition, one (1) shade tree shall be planted
per sixteen hundred (1,600) square feet of gross floor area of each
building. The City may require evergreen trees as a buffer between
the multiple-family and single-family residential districts.
4.
Commercial/industrial development. Commercial and
industrial development are commonly characterized by larger building
exposure to public thoroughfares, more extensive site coverage, sizeable
parking areas and frequent provision of major parking areas in front
of the building parallel to the street. Accordingly, additional landscaping
issues must be considered. Thus, to help assure implementation of
the objectives of this Section, the following standards will also
be applicable to any new building or additions to any existing building
in any commercial or industrial zoning district or any institutional
building in any other zoning district.
a.
Preservation of existing trees. A premium will be
placed on the preservation of the natural tree cover or other special
landscape characteristic. An effort should be made to maintain any
natural on-site amenity which contributes to distinguishing the site
as an attractive setting for business. Site development plans should
attempt to take full advantage of present natural vegetation.
b.
Setbacks from preserved wooded areas. Building lines
and the edges of roads and parking or service areas will be set back
at least thirty (30) feet from the drip line (branch) edge of the
windrows or forested areas to be preserved.
c.
Use of preserved wooded or natural areas. The use
of the wooded or natural areas for walking paths, picnic areas and
bench placement will be encouraged. The layout of paths will be clearly
defined by gravel or asphalt paving or by defined edges of stone,
timber or plantings. Areas for picnic tables and benches will be distributed
so as to prevent the concentration of use in any single part of the
wooded area. The intent of these requirements is to avoid compaction
of ground surfaces at the bases of trees and to preserve the natural
undergrowth.
d.
New planting. All ground with the exception of walks,
drives, parking facilities and service areas will be landscaped in
a manner that is complementary to the approved architecture. This
Subsection provides that the required screening forms an attractive
transition to the natural landscape features of the site. Lawn will
be created in the area between the street curb and the first "solid"
edge developed at the street frontage (whether it is a building, planting
screen or wall). The intent is to establish a consistent and well-maintained
street edge throughout the property. Proposed departures from this
guideline will be evaluated by the City on the basis of their effect
on the desired visual consequence.
e.
Requirements of site landscaping. The owner or occupant
must install landscaping for any new building or area effected by
any addition to an existing building subject to these regulations
in accord with the following:
(1)
Each building site shall be landscaped to a minimum depth of
thirty (30) feet inside the property boundary line along the street,
except as otherwise provided in that zoning district. The remainder
of any required front setback may be used for automobile parking (not
including commercial service vehicles) or the same or different type
of landscape treatment.
(2)
Landscaping shall be required on each building site in side
setback areas that are not otherwise used for automobile parking.
Landscaping will be provided in conformance with those regulations
of the appropriate zoning district.
(3)
Except as otherwise provided in this Section, no formal landscaping
shall be required in the rear setback areas that are unpaved except
that a dust-free surface shall be maintained. In the event that the
rear property line is contiguous with a property line of any "R",
"PG" or "PR" zoning district, a landscaped area of not less than twenty-five
(25) feet in width shall be maintained adjacent to said property line.
Such landscaped area shall contain an approved variety of trees and
shrubs not less than seven (7) feet in height unless a greater height
is required by the zoning district.
(4)
Further subject to the provisions of this Section, if any parking
lot includes more than twenty (20) parking spaces, there shall be
a requirement for interior landscaping. This type of landscaping is
intended to minimize and reduce the apparent size of parking areas.
In addition to the general landscaped areas required by this or any
other Section, a minimum of five percent (5%) of the total square
footage of parking area shall be landscaped.
(5)
Each separate interior landscaped area with an area of one hundred
(100) square feet or more shall include at least two (2) deciduous
shade trees. Also, no tree planting area shall be less than six (6)
feet in any dimension.
(6)
All commercial properties adjoining property in a non-commercial
district shall provide along any such common property lot line a continuous
berm with a minimum height of four (4) feet or planting of evergreen
trees or shrubs approved by the Director to prevent the direct light
from automobile headlights from being cast on adjacent residential
units.
5.
Parking lot landscaping. In all zoning districts
parking lots shall provide landscaping in accord with the following:
a.
Parking lot landscape islands shall be provided in all parking lots
with twenty (20) or more parking spaces. Such islands shall be a minimum
of eighteen (18) feet in length by ten (10) feet in width. One (1)
such island shall be installed and maintained for each twenty (20)
vehicular parking spaces provided on the site and at the terminus
of each row of parking stalls adjoining an access drive. With the
approval of the Planning and Zoning Commission, landscaped areas may
be substituted in lieu of landscaped islands that equal ten percent
(10%) of the total parking area (less driveway and aisles) in parking
areas only. This shall be in addition to any other required setbacks
or landscape requirements.
b.
Where off-street parking on the building site is located between
the building and the street, the parking area shall be partially screened
from the street by the construction and landscaping of a berm a minimum
of three (3) feet in height in the required setback space. The height
and treatment of the berm shall be shown on the required landscape
plan and must be approved by the City.
6.
Lawns. In all zoning districts required landscaped
and green areas adjacent to streets and the front sixty (60) feet
of all side setbacks shall be considered as lawn. Aside from required
trees, shrub and other support landscaping, all such lawn areas shall
be established by sodding with a high quality sod blend and not by
seeding. In addition, in all non-residential districts landscaping
adjacent to each building entrance shall be a minimum of fifty percent
(50%) lawn interspersed with plantings.
7.
Rights-of-way. Any unpaved areas lying within adjacent
street rights-of-way shall be landscaped and maintained to the finished
curb line of the street by the owner or occupant of the adjacent property.
Replacement and/or maintenance of this landscaping will be required
after any manmade or natural disturbance of the right-of-way.
8.
Vacant lots or open spaces. Any vacant lot or open
spaces not being used for any purpose within the City of Fenton shall
be seeded or sodded. All such areas with a general slope in excess
of ten percent (10%) shall be sodded unless approved by the Director.
9.
Plant size/quality schedule.
|
PLANT SCHEDULE
| |||
|---|---|---|---|
|
Type
|
Minimum Size
|
Location/Spacing
| |
|
Shade tree
|
3 inches diameter
|
Entrance roads property frontage (25 feet centers)
| |
|
Flowering tree
|
6 feet height
|
Lawn
| |
|
Evergreen tree
|
6 feet height
|
Screening (10 feet center)
| |
|
Deciduous shrubs
|
3 feet height
|
Buildings/lawn (3 feet center)
| |
|
Evergreen shrubs
|
3 feet height
|
Buildings/lawn (3 feet center)
| |
|
Broadleaf evergreens
|
3 feet height
|
Lawn (4 feet center)
| |
|
Ground cover
|
2 inch pots
|
Buildings/signs (6 inches center)
| |
10.
Maintenance guarantee. The owner of the property
or his representative shall file a written statement with the City
guaranteeing the maintenance or replacement of any dead trees or bushes
for a period of one (1) year from the release of all escrows pertaining
to site development.
11.
Violations. In the event that the landscaping is
not completed in accordance with the submitted plan within one (1)
year of the completion of the construction or occupancy of the building
on the premises, the City's Code Enforcement Officer, on behalf of
the City, shall notify the owner, occupant or lessee of such failure
to complete the landscaping in accordance with the submitted plan
and this Section. This notice shall provide a statement of the deficiencies
and the deadline for the correction of such deficiencies not more
than thirty (30) days from the date of the notice. The notice shall
also provide the date, time and place of the hearing at which the
Board of Aldermen will consider whether or not to direct the City
Public Works Department to landscape the premises in accordance with
the submitted plan with the cost chargeable against the cash or escrow
deposit held for such landscaping.
[Ord. No. 3001 §1, 12-23-2008; Ord. No. 3631 § 2, 10-27-2016]
A.
Every part of a required yard shall be open to the sky unobstructed
unless otherwise provided within this Title IV or in the following
circumstances:
1.
The ordinary projections of skylights, sills, belt course, cornices,
and ornamental features may project into the required yard not more
than twelve (12) inches.
2.
Open or lattice-enclosed fire escapes, fireproof outside stairway
and balconies opening upon fire towers may project into a required
yard not more than five (5) feet.
3.
Roof overhangs may project into a required yard not more than
eighteen (18) inches provided that the overhang is at least five (5)
feet from any property line.
4.
The ordinary projections of chimneys and flues not exceeding
seventy-two (72) inches in width may project into the required yard
not more than twenty-four (24) inches.
5.
Uncovered or covered, unenclosed porches may project into the
required front yard not more than ten (10) feet.
6.
Uncovered, unenclosed decks and porches that are two hundred
(200) square feet or less in size may project into the required rear
yard provided that the deck or porch is setback from all lot lines
a minimum distance equal to that of the required side setback of the
applicable Zoning District.
7.
Cantilevered interior spaces, such as bay windows, may project
into the required rear or front yard not more than two (2) feet plus
a one (1) foot roof overhang provided that the cantilevered space
is not more than ninety-six (96) inches in width. Cantilevered interior
spaces shall not project into the required side yard.
[1]
Editor’s Note: Former Section 445.040, Other Exceptions
and Rules, which derived from Ord. No. 3001 § 1, 12-23-2008,
was repealed 10-27-2016 by § 2 of Ord. No. 3631.
