Editor's Note — Ordinance no. 3001 §1, adopted December 23, 2008, repealed title IV in its entirety.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]
The district regulations hereinafter contained in this Section qualify or supplement, as the case may be, the district regulations appearing elsewhere in this Code.
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]
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.
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.
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.
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.
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.
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.
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.
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.
General community tree conservation.
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.
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.
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.
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.
A written statement of reasons for clearing the trees on an undeveloped site must be presented to the City for review and approval.
No trees shall be removed within twenty-five (25) feet of the riparian (stream bank) corridor without written permission from the City.
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.
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.
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.
No trees shall be removed or grading begun until the preliminary plat has been approved.
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.)
Any individual developing a detached single-family lot shall meet all of the above requirements for tree planting.
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.
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.
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.
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.
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.
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.
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:
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.
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.
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.
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.
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.
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.
Parking lot landscaping. In all zoning districts parking lots shall provide landscaping in accord with the following:
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.
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.
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.
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.
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.
Plant size/quality schedule.
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.
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]
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:
The ordinary projections of skylights, sills, belt course, cornices, and ornamental features may project into the required yard not more than twelve (12) inches.
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.
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.
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.
Uncovered or covered, unenclosed porches may project into the required front yard not more than ten (10) feet.
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.
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.