[R.O. 2009 § 445.010]
The regulations hereinafter contained in this Article qualify or supplement, as the case may be, regulations appearing elsewhere in this Code.
[R.O. 2009 § 445.020]
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 Buffers Areas between various development types and individual Lots, encourage interspersion of landscaped nodes within Off-Street Parking Areas, and to, in an orderly manner, establish a visually pleasing and functional streetscape.
1. 
General landscape requirements.
a. 
Trees generally. No tree shall be planted closer than forty (40) feet from any Intersection corner measured from the Front Lot Line or the point of intersecting Front Lot Lines. No tree shall be planted closer than ten (10) feet from any fire hydrant.
b. 
Pruning requirement. Every owner of any tree overhanging any Street 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 Intersection and so that there shall be a clear space of eight (8) feet above the surface of the Street or sidewalk.
c. 
Unlawful to damage City landscaping. It shall be unlawful for any person to cut any tree on public property or on public Streets except in accordance with Chapter 510, Excavations and Public Rights-Of-Way Management, or as otherwise specifically authorized by this Code or the Board.
d. 
Maintenance. Any unpaved areas between the Street and the abutting Lot shall be maintained to the finished curb line of the Street by the owner or occupant of the abutting Lot.
e. 
Vacant Lots or open spaces. Any vacant Lot or open space not being used for any purpose shall be seeded or sodded to maintain ground cover.
f. 
Tree removal on undeveloped land. No clearing of trees on undeveloped land shall occur until a permit has been obtained through the Community Development Department. The Director may require the submittal of a Conservation Plan as described under Subsection (B)(4), to be submitted for review and approval by the Director. Clearing of undeveloped land does not include the removal of underbrush or invasive species.
g. 
Tree removal near riparian. No trees shall be removed within twenty-five (25) feet of the riparian (stream bank) corridor without obtaining a permit from the Community Development Department. Tree removal does not include the removal of underbrush.
B. 
Landscape requirements for development or changes to land. Anything in this Code to the contrary notwithstanding, all development or changes to Property shall comply with the provisions of this Section.
1. 
Landscape requirements, in general.
a. 
Grade. 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 Wallis used.
b. 
Tree protection during construction. Suitable protective barriers shall be erected around all trees to be preserved to ensure that the trunks, branches, and roots are not damaged during development.
c. 
Preservation of existing trees. An effort should be made to preserve the natural vegetation, tree cover, or other special landscape characteristics and to maintain any natural amenity which contributes to distinguishing the Property as an attractive setting.
d. 
Lawns.
(1) 
The following areas shall be considered as lawn:
(a) 
Lot Areas located sixty (60) feet from any Front Lot Line; and
(b) 
Areas from a Front Lot Line to any adjacent Street pavement.
(2) 
Lawns areas shall be established with a high-quality sod blend and not by seeding, unless the lawn area is otherwise already improved with trees, shrubs or other support landscaping, or sidewalks.
2. 
Required landscape for new Residential Lots.
a. 
There shall be at least two (2) trees planted in the Front Yard(s) of each Lot.
b. 
For any Attached Single-Family Dwelling development or within any Multiple-Family Dwelling development one (1) shade tree shall be planted per sixteen hundred (1,600) square feet of Gross Floor Area of each Building. The Commission may recommend the Board require evergreen trees as a Buffer Area between Multiple-Family Dwellings and adjacent Lots containing Single-Family Dwellings.
3. 
Required landscape for Non-Residential Lots. As Non-Residential developments are commonly characterized by larger Buildings, more extensive intensity of use and Lot coverage including sizeable Off-Street Parking Areas, additional landscaping should 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 Building additions in any Non-Residential District or any Institutional Building in any Residential District.
a. 
Use of preserved wooded or natural areas. The use of the wooded or natural areas for walking paths, picnic areas, and bench placement is encouraged. The layout of paths will be clearly defined by gravel or Asphalt or by defined edges of stone, timber, or plantings. Areas for picnic tables and benches will be distributed 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.
b. 
Requirements of Lot landscaping. The owner or occupant must install landscaping for any new Building or area effected by any Building addition subject to these regulations and in accord with the following:
(1) 
Landscaping shall be required in all Buffer Areas that are not otherwise used for Off-Street Parking Areas, as provided in the Zoning District, except no formal landscaping shall be required in a rear Buffer Area that is unpaved except that a dust-free surface shall be maintained. However, in the event that the Rear Lot Line abuts a "R," "PG," or "PR" District, the Buffer Area shall be landscaped. Such landscaped area shall contain trees and/or shrubs that provides an opaque barrier, in the discretion of the Director not less than seven (7) feet in height or combination thereof.
(2) 
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.
(3) 
All Lots used for Non-Residential Uses and abutting a Lot in a Residential District or Lot with a Residential Use shall provide along any common Lot Line a continuous berm with a minimum height of four (4) feet or planting of evergreen trees or shrubs approved by the Board to prevent the direct light from motor vehicle headlights from being cast on adjacent Residential Dwelling Units.
c. 
Off-Street Parking Areas. To reduce the apparent size of Off-Street Parking Areas, landscape islands shall be provided for all Off-Street Parking Areas with twenty (20) or more Off-Street Parking Spaces and a minimum of five percent (5%) of the total square footage of the Off-Street Parking Area shall be landscaped. 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) Off-Street Parking Spaces provided on the Lot and at the terminus of each row of Off-Street Parking Spaces adjoining an access drive. With the approval of the Board, landscaped areas may be substituted in lieu of landscaped islands that equal ten percent (10%) of the total Off-Street Parking Area (less Driveway and Drive Aisles). This shall be in addition to any other required Buffer Areas or landscape requirements.
4. 
Landscape and Conservation Plans, when required.
a. 
Landscape Plan. There shall be a landscape plan prepared and submitted with Site Plan Review and Preliminary Plat applications that:
Enumerates planting size and species with their location which will present the development's specific criteria regarding uses of outside space, including ground cover, Buffer Areas, and shade trees and demonstrates 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 landscape plan, which includes specific dimensions and/or quantities of landscaping materials to be added or removed and plant species impacted or to be used, and construction protection methods for trees to preserve an existing tree or plant a replacement tree, may be required as a condition of Site Plan or Preliminary Plat approval.
b. 
Conservation Plan. If deemed reasonably necessary by the Director or Commission based on the amount of proposed tree removal and existing Lot coverage, a conservation plan may be required. The conservation plan shall 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 may be required. 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 the conservation plan. All utility installations, stormwater Detention/Retention 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 as reasonably determined by the Director, are to be retained to the maximum extent possible.
c. 
Approval. No trees shall be removed or grading begun until the Preliminary Plat or Site Plan has been approved.
d. 
Failure to Complete. In the event that the landscaping is not completed in accordance with the submitted landscape plan, final occupancy will not be issued.
5. 
Plant size/quality schedule.
PLANT SCHEDULE
Type
Minimum Size
Location/Spacing
Shade tree
3 inches diameter
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)
[R.O. 2009 § 445.030; 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 Code 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 stairwells, 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 Lot 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 has a Setback from all Lot Lines a minimum distance equal to that of the required Side Yard 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.
8. 
Accessory Buildings, Structures, and Accessory Uses. See Chapter 425, Article I.
[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 Ord. No. 3631.