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EO ORDINANCE NO. 15,834
AN ORDINANCE AMENDING CHAPTER 15 OF THE
LITTLE ROCK CITY CODE REVISED 1988 KNOWN
AS THE LANDSCAPING AND TREE PROTECTION
CODE: ADDING AND AMENDING CERTAIN
DEFINITIONS; MODIFYING CERTAIN
REQUIREMENTS TO IMPROVE SITE
BEAUTIFICATION, CORRELATING LANDSCAPE
REQUIREMENTS WITH EXCAVATION, STORM WATER
DETENTION AND ZONING REQUIREMENTS AND FOR
OTHER PURPOSES.
BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF
LITTLE ROCK, ARKANSAS:
DIVISION 1. GENERALLY
SECTION 1. Sec. 15 -82 shall read as follows:
"Sec. 15 -82. Definitions.
The following words, terms and phrases, when used in
this article, shall have the meanings ascribed to them in
this section, except where the context clearly indicates a
different meaning.
Buffer, hillside is a strip of land which separates
large cuts or fills from abutting properties, public right -
of -way or from other large cuts or fills on a site. Its
purpose is to facilitate effective drainage and erosion
control and to encourage preservation of large trees on a
site and reduce public view of cuts and fills.
Buffer, land use is
adjacent to a property 1
more restrictive nature.
the property line at any
is to provide for visual
a dissimilar nature.
a strip of land lying parallel and
Lne common to a dissimilar use of a
This strip shall lie parallel to
point. The purpose of this buffer
and physical separation of uses of
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Buffer, street is a strip of land lying parallel and
adjacent to a public street right -of -way. This strip shall
lie parallel to the street right -of -way line at any point.
The purpose of this buffer is to provide for a separation of
traffic movements, both on and off the site, and provide for
a visual and spatial separation of certain uses and /or
activities from the public right -of -way.
Building landscape area is the on -site landscape area
which separates parking from the building. The principle
purpose of this area is to improve the appearance of the
building from the street and vehicular use area.
Deciduous is the tendency
its leaves during a particular
during the winter months.
of a plant to drop or lose
season of the year, generally
Designated agent of the city manager means all
individuals, divisions or departments which are designated
by the city manager for the administration and enforcement
of this ordinance.
Driveway access is an area intended to provide
entrance, exit or maneuvering for vehicular traffic from a
public right -of -way to an off- street vehicular use.
Earth berm is a mounding of soil volume in order to
create a screen or change in elevation between the use area
and adjacent areas. The berm shall be constructed to
minimize erosion and should normally be completely covered
with ground cover or lawn grass.
Evergreen is the tendency of a plant to retain its
leaves during all seasons of the year.
Ground covers are planting materials which reach a
maximum height of not more than eighteen (18) inches in
height and may be used in lieu of grass. Ground cover must
present a reasonably complete cover appearance within two
(2) years of planting.
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Interior landscape area is any landscape area within
the perimeter of the vehicular use area excluding the
building landscape area. Its primary purpose is to break up
the mass of the vehicular use area and to channelize traffic
circulation on the site.
Irrigation means an adequate supply of water which can
be made available to landscape plant materials.
Landscape area is that area within the boundaries of a
given lot which consists of planting materials including but
not limited to trees, shrubs, ground covers, grass, flowers,
and native plant materials; also including but not limited
to inorganic features such as concrete planters, stone,
brick, and aggregate forms, water, and other landscape
elements. Inorganic elements shall not predominate over the
use of organic plant material. Artificial plants are not
considered landscape materials.
Lawn grass shall include all species normally grown as
permanent lawns in Pulaski County. Grass sod shall be
required in all required planting beds and planting strips
where bark or other approved ground cover is not proposed.
Grass sod shall be reasonably free of weeds and noxious
pests or disease.
Off - street parking space means a space on private land
accessible from a usable street or alley, not less than nine
(9) feet wide and twenty (20) feet long, with the necessary
maneuvering room within the private property.
Perimeter landscape strip is a landscaped area which
separates the vehicular use area from adjoining property
and /or public right -of -way. Its purpose is to enhance the
visual appearance of the site and to provide screening of
the vehicular use area and certain other uses and /or
activities from the public right -of -way and abutting
properties.
Property line is the legal boundary between two (2)
lots or parcels of land. For purpose of this section, shall
also include property lease lines which separate independent
uses or activities.
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Screening is the use of natural or man made topography,
berms, fences, walls, trees, shrubs, ground cover or any
combination thereof which partially or completely blocks the
view of one (1) area from another. The Site Development
Guideline shall designate the criteria to achieve these
requirements.
Screening, opaque means a man -made device on, or a
natural feature of, a property which restricts access and /or
visibility, the purpose of which is to provide privacy,
separation of use, and lessen the impact of automobile
lights on an adjacent use. Such screening shall be opaque
in nature and disallow the passage of visible light
frequencies.
Shrubs and hedges are self supporting; woody, evergreen
species and shall have a minimum height of eighteen (18)
inches at installation.
Site Development Guideline is a guide that shall assist
in interpreting the details of this ordinance.
Soil is a medium in which plants will grow.
Street for the purpose of this ordinance shall be
defined as any dedicated thoroughfare, roadway, highway,
expressway, freeway, avenue, lane or boulevard.
Tree means an evergreen or deciduous upright woody
perennial plant having a single main stem or several main
stems and which attains a height of at least fifteen (15)
feet and shall be maintained to have no branches lower than
eight (8) feet from grade.
Undisturbed is the condition of a land area which is
intended to remain in a natural state including topography,
trees and vegetation. Enhancements such as additional
landscaping, replacement of underbrush and other treatments
may be made if approved by the City.
Vehicular use area is that area of private development
subject to vehicle traffic, including access ways,
driveways, loading and service areas used for parking,
maneuvering, or storage of vehicles, boats, or portable
construction equipment, and all land which vehicles travel
over as a function of the primary use.
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Vine is a herbaceous or semi -wood plant requiring
support upon which to grow. Vines are generally used to
soften the effect of inorganic elements such as fences,
walls, and arbors, as well as to provide screening or
buffering effects.
Wall or fence for the purpose of this ordinance shall
be defined as opaque barriers, which are intended to mark a
boundary, screen a view or prevent intrusion. All walls of
fences shall be able to withstand normal wear, functioning
as a barrier and keeping an attractive appearance, and shall
be built in a sound manner with adequate footings."
SECTION 2. Sec. 15 -84 shall read as follows:
"Sec. 15 -84. Purpose.
The purposes of this article are to:
(1) Heighten the quality of life and contribute to an
environment which serves to encourage economic and
cultural development.
(2) Encourage the creative integration of man -made and
natural environments, combining in a balanced
design such features as existing topography,
grading, hydrology, structures, pedestrian and
vehicular use areas, vegetation and views.
(3) Screen automobiles and vehicular use areas,
dumpsters, buffer conflicting land uses, and
enhance the appearance of the public right -of -way.
(4) Break up the visual continuity and mass of parking
lots into more attractive sub -areas and provide
channelization for internal traffic circulation.
(5) Conserve energy by providing protective barriers
from wind and other natural elements which would
otherwise increase heating and cooling cost,
provide shade and preserve large trees.
(6) To provide for opaque screening and barriers as
needed."
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SECTION 3. Sec. 15 -85 shall read as follows:
"Sec. 15 -85. Compliance with other ordinances.
This article is supplemental to all other ordinances.
In the case of conflicting requirements however, the most
restrictive shall apply. The provisions of this article are
intended to be harmonious, compatible and supportive of
those included in the zoning, storm water management and
applicable land development ordinances. Landscaping areas
required by this article shall overlay, rather than adding
to, landscaping areas specified by related ordinances.
Detailed landscaping requirements are provided in this
article to satisfy the stated intents of these related
ordinances."
SECTION 4. Sec. 15 -86 shall read as follows:
"Sec. 15 -86. Scope.
This article applies to site developments and vehicular
use areas which are constructed or expanded which are
located in a zone or use of higher density than two - family.
Additionally, it applies when the existing landscaping is
non - conforming and rehabilitation of an existing structure
exceeds fifty percent (50 %) of its current cost and is
located in a zone or use of higher density than two - family.
Additionally, it applies when the existing landscaping in
non - conforming and expansion of an existing structure
exceeds ten percent (10 %) of its current floor area and is
located in a zone or use of higher density than two - family.
Based on this scope, this article will apply:
(1) To all such future vehicular use areas, as such
areas are developed.
(2) For any expansion or additions to existing
vehicular use areas, or changes in the land use
intensity of vehicular use areas, when such
expansions or changes are considered by a public
body."
The Site Development Guideline may be referred to in
order to clarify the intent of this ordinance but shall not
in any way conflict with the requirements of this ordinance.
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SECTION 5. Sec. 15 -89 (a), (b), (c), and (d) shall
read as follows:
"Sec. 15 -89. Permit requirements; landscape plan.
(a) Permit required. A landscape permit must be
obtained from the department of public works before
constructing or expanding a vehicular use area.
Additionally, a permit is required when expanding or
rehabilitating a building and landscaping is required as
stated in Section 15 -94.
(b) Landscape plan. Before a landscape permit shall be
issued, the applicant must submit two (2) copies of a
landscape plan to the department of public works. When the
vehicular use area is accessory to a building or structure,
the landscape plan should be submitted concurrently with the
building and site plans of the proposed structure. The
landscape plan may be shown on the building site plan and
need not be a separate drawing.
If, in the case of hardship, an applicant has need to
have landscape plantings in public rights -of -way or utility
easements, he must submit ten (10) sets of plans with each
landscape permit application to the department of public
works. The department will submit to all public utilities a
copy of the plan for each application at the time the
application is filed for their comments. No plantings shall
be permitted that will conflict with traffic - control
devices, or parking meters, or with fire protection
requirements; and no trees shall be planted in front of
required knockout panels, exits, etc. The above provision
must be demonstrated prior to any permit being issued by the
city.
(c) Presentation requirements. The name, address and
telephone number of the owner, the developer and the
designer shall be submitted with the landscape plan. The
following information shall be shown on the plan:
(1) North point and scale.
(2) All dimensions and property line.
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(3) Existing and proposed lighting, parking spaces,
access aisles, driveways, sidewalks, wheel stops,
curbs and other vehicular use controls.
(4) The location of curb cuts on adjacent property,
median openings on abutting streets, related
buildings and adjacent land uses.
(5) Existing traffic controls, parking meters,
utilities, fire hydrants, building exits and storm
sewers located on public right -of -way abutting the
property.
(6) The location, species and size of all existing
isolated trees six (6) inches or more in caliper
and the outline of all tree masses. Significant
shrub masses which are to be preserved should also
be shown. Trees or tree masses to remain under
the proposed development should be designated as
such.
(7) The location of all proposed plant materials and
the botanical and common names, together with the
quality, spacing and size of all such materials.
(8) An exterior elevation and a wall section for any
opaque screening indicated on the plan.
(9) The location of major cuts or fills, drainage, wet
or dry detention basins.
(10) For sites over two (2) acres in size,
representative cross sections must be submitted
which show the relative elevations of the
vehicular use area with respect to abutting
streets and properties.
(d) Preservation of existing plant material
requirements. The preservation of existing plant material
such as specimen trees should be incorporated into the
development of landscape plans. In instances where such
healthy plant material exists on a site prior to its
development, the designated agents may adjust the
application of the above - mentioned standards to allow credit
for such plant material. Such an adjustment shall be in
keeping with the intent of this article. Any removal of
existing trees on public rights -of -way must be accomplished
in accordance with Section 15 -85."
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SECTION 6. Sec. 15 -93 shall read as follows:
"Sec. 15 -93. Minimum caliper of trees.
Single trunk trees shall have a minimum caliper of two
(2) inches measured twelve (12) inches above grade at the
time of planting. Multi -trunk trees shall have a minimum
caliper of one (1) inch measured twelve (12) inches above
grade at planting."
SECTION 7. Sec. 15 -94 shall read as follows:
"Sec. 15 -94. Remodeling and expansion projects.
(a) All vehicular use areas which were in existence
prior to the effective date of this ordinance may continue
in a non - conforming state until such time as a building
permit is granted to rehabilitate a structure on the
property exceeding fifty percent (50 %) of the current
replacement cost of the structure. At such time fifty
percent (50 %) of the existing vehicular use area shall be
required to be brought into compliance with the provisions
of this ordinance. This shall continue on a graduated scale
in accordance with the percentage of rehabilitation cost.
(b) Additionally, all vehicular use areas which were in
existence prior to the effective date of the ordinance may
continue in a non - conforming status until such time as a
building permit is granted to enlarge or reconstruct a
structure on the property exceeding ten percent (10 %) of its
existing gross floor area. At such time ten percent (10 %)
of the existing vehicular use shall be brought into
compliance with the provisions of this ordinance. This
shall continue on a graduated scale until reaching one
hundred percent (100 %) of the required landscaping.
(c) It is recognized that unique circumstances may
exist in conforming with these standards. However, in no
case may staff waive more than twenty -five percent (25 %) of
these requirements."
SECTION 8. Sec. 15- 94 - -15 -110 shall read as follows:
"Sec. 15- 95 - -15 -110. Reserved."
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DIVISION 2. PLANT MATERIAL
SELECTION REQUIREMENTS
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SECTION 9. Sec. 15 -112 shall read as follows:
"Sec. 15 -112. Tree species.
(a) Primary list. The following list of trees are
those which have been found to be best suited to this area
and yet requiring the least amount of maintenance. This
list, along with the secondary list, are those trees which
may be planted in the required landscaping area. Additional
selective trees may be substituted when proven to be hearty
to this region:
COMMON NAME
SCIENTIFIC NAME
Bald Cypress
Taxodium distichum
Chinese Elm
Ulmus parvifolia
Flowering Bradford Pear
Pyrus Calleryana
'Bradford'
Ginkgo (male)
Ginkgo biloba
Honey Locust
Gleditsia
triacanthos
Loblolly Pine
Pinus Taeda
Pin Oak
Quercus palustris
Sawtooth Oak
Quercus acutissima
Sugar Hackberry
Celtis laevigata
Willow Oak
Quercus phellos
(b) Secondary list. The following list of trees are
those which have been found to be the next best suited to
this area but require increased maintenance.
COMMON NAME
American Holly
Crab Apple
Crepe Myrtle
Dogwood
Hawthorn
Redbud
River Birch
Southern Magnolia
Swamp Red Maple
Water Oak
Weeping Willow
SCIENTIFIC NAME
Ilex opaca
Malus spp.
Lagerstoemia indica
Cornus florida
Crataegus opaca
Cercis canadensis
Betula nigra
Magnolia grandiflora
Acer rubrum
Quercus nigra
Salix babylonica"
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SECTION 10. See. 15 -113 shall read as follows:
"Sec. 15 -113. Trees /shrubs - Public rights -of -way.
All tree species listed in Section 15 -112 and all
shrubs listed in Section 15 -114 may be used in the public
right -of- way."
SECTION 11. Sec. 15 -114 shall read as follows:
"Sec. 15 -114. Shrub species.
(a) Primary list. The following list of shrubs are
those which have been found to be best suited to this area
and yet requiring the least amount of maintenance. This
list along with the secondary list are those shrubs which
may be planted in the required landscaping area. Additional
selective shrubs may be substituted when proven to be hearty
to this region.
COMMON NAME
Evergreen Hollies
Nandina
SCIENTIFIC NAME
Ilex species
Nandina domestics
(b) Secondary list. The following list of shrubs are
those which have been found to be the next best suited to
this area but require increased maintenance: '
COMMON NAME
SCIENTIFIC NAME
Abelia _ Abelia grandiflora
Boxwood Buxus sempervirens
Chinese Photinia Photinia serrulata"
SECTION 12. Sec. 15 -116 shall read as follows:
"Sec. 15 -116. Ground covers.
(a) Primary list. The following list of ground covers
are those which have been found to be best suited to this
area and yet requiring the least amount of maintenance.
This list along with the secondary list, are those ground
covers which may be planted in the required landscaping
area. Additional selective ground covers may be substituted
when proven to be hearty to this region:
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COMMON NAME
Dwarf Nandina
Junipers
Liriope
Memorial Rose
Mondo Grass
Periwinkle
Spreading Euonymus
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SCIENTIFIC NAME
N. domestics
`Harbour Dwarf'
Juniperus species
Liriope Muscari
Rosa Wichuraiana
Ophiopogon japonicus
Vinca minor
E. fortunei
'Radicans'
(b) Secondary list. The following list of ground
covers are those which have been found to be the next best
suited to this area but require increased maintenance:
COMMON NAME SCIENTIFIC NAME
Carolina Jessamine Gelsemium
sempervirens
Dwarf Bamboo Arundinaria pygmaea
English Ivy Hedera Helix
Honeysuckle Lonicera
sempervirens"
SECTION 13. Sec. 15 -117 shall read as follows:
"Sec. 15 -117. Earth berms.
Earth berms must be protected from erosion with
suitable plant material, ground cover or lawn grass."
SECTION 14. Sec. 15 -118 shall read as follows:
"Sec. 15 -118. Height of tree trunks.
Tree trunk limbs at maturity must be a minimum of eight
(8) feet above ground."
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DIVISION 3. VEHICULAR USE AREAS
SECTION 15. DIVISION 3. VEHICULAR USE AREAS shall be
modified to read, "DIVISION 3. LANDSCAPING REQUIREMENTS"
SECTION 16. Sec. 15 -131 shall read as follows:
"Sec. 15 -131. General site development.
Landscaping treatment should be fully integrated into
the overall site development, first taking into account
requirements for grading, drainage, storm water detention,
buffers, utilities, buildings, and retention of existing
trees."
SECTION 17. Sec. 15 -132 shall read as follows:
"Sec. 15 -132. Screening requirements.
The grading and landscaping of a site shall be
accomplished in such a way as to visually screen the
vehicular use area and certain other activities external to
buildings on the site from the street and abutting
development of dissimilar use. Existing and planted
vegetation, berms, fences, walls and other landscaping
devices may be used to achieve the required screening, in
accordance with the following minimum standards:
(a) Abutting properties. Where land use of a more
restrictive nature is adjacent to abutting property that
requires screening under this ordinance at least sixty -five
percent (65 %) of the view of the vehicular use area and
automobiles parked thereon when the vehicular use area is
fully utilized, shall be screened so as to not be visible
when viewed from the more restrictive use; for other
adjacent land uses, at least forty percent (40 %) of the view
of the vehicular use area and automobiles parked thereon
when the vehicular use area is fully utilized, shall be
screened. For this provision land use restrictiveness shall
be judged in the following order, with the last category
being the most restrictive: industrial, commercial, office,
multi - family, duplex and single family. When complying with
this provision, the degree of screening shall be determined
based upon an averaging of perspectives taken at a height of
sixty (60) inches above and along the building line on the
abutting property parallel to the common property line.
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(b) Abutting street. At least forty percent (40 %) of
the view of the vehicular use area and automobiles parked
thereon when the vehicular use area is fully utilized, shall
be screened so as to not be visible when viewed from the
abutting street. For purposes of complying with this
provision, the degree of screening shall be determined based
upon an averaging of perspectives taken at a height of
thirty -six (36) inches above and along the top of curb of
the abutting street, excluding driveway openings unto the
street. In the absence of an established curb, the
perspective shall be taken at a height of forty -two (42)
inches above the edge of the nearest traffic lane abutting
the site.
(c) Special screening. At least eighty percent (80 %)
of the view of dumpsters, loading docks, heating and air
conditioning units, external storage of materials,
communications equipment and similar outside activities and
appurtenances shall be screened so as to not be visible when
viewed from abutting properties and streets. Compliance
with this provision shall be determined on the bases
established in (a) and (b) above. In addition, an eight (8)
foot high opaque screen shall be provided on at least three
(3) sides of dumpsters or trash containment areas.
(d) Plant growth. In determining the extent of
screening provided, consideration shall be given to normal
growth characteristics associated with each type of plant
material used in the building plan. Screening standards
given above shall be satisfied based on the following plant
conditions: (1) the size of each plant three (3) years
after the landscape plan is completed, and (2) the size of
each pant at full maturity.
(e) Species and spacing requirements. Screening
standards described above are intended to apply during all
seasons of the year. A minimum of fifty percent (50 %) of
the trees and minimum of seventy -five percent (75 %) of the
shrubs to be used for screening purposes shall be evergreen
varieties. Maximum spacings of fifteen (15) feet for trees
and three (3) feet for shrubs should normally be utilized in
order to provide continuous one hundred percent (100 %)
screening of the view.
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(f) Small sites. For sites two (2) acres or less in
size, screening standards described above may at the option
of the applicant, be simplified as follows:
(1) If the site is generally not less than two (2)
feet below the adjacent street or property grade,
screening shall be assumed sufficient if there is
a continuous opaque barrier, earthen berm of
shrubbery thirty (30) inches or more in height
above the related perimeter landscaping strip.
Normally, shrubs should be spaced three (3) feet
apart to achieve continuous screening.
(2) If the site is two (2) feet or more below the
grade of the adjacent street or property,
screening shall be assumed sufficient if trees are
spaced at a spacing of twenty (20) feet or less,
on the average, along the related perimeter
landscaping strip.
(g) Security and esthetic concerns. Breaks may be
incorporated in the screen for esthetic or security
reasons."
SECTION 18. Sec. 15 -133 shall read as follows:
"Sec. 15 -133 Perimeter planting strips.
(a) A perimeter planting strip shall be required along
any side of a vehicular use area that abuts adjoining
property or the right -of -way of any street, highway, or
freeway. This strip shall be at least six (6) feet wide.
(b) One (1) tree and four (4) shrubs or vines for each
forty (40) linear feet shall be planted in the perimeter
planting strip. The width of driveways crossing the
perimeter strip shall be subtracted from the length of the
perimeter strip, for purposes of complying with this
provision.
(c) Where a fence or wall is utilized in a perimeter
planting strip adjacent to a street, four (4) shrubs or
vines shall be planted each forty (40) linear feet along
both sides of the fence or wall.
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(d) Where a fence or wall is utilized in a perimeter
planting strip, the fence or wall must be constructed with
the face toward the adjacent property with any supporting
structural members screened from view of the adjoining
property.
(e) Where the perimeter strip is part of a wide buffer
area which is to be maintained in a natural state with dense
undergrowth, up to one hundred percent (100 %) of the
shrubbery requirement may be waived."
SECTION 19. Sec. 15 -134 shall read as follows:
"Sec. 15 -134 Interior landscaping.
(a) Interior landscape plantings shall comprise at
least six percent (6 %) of any vehicular use area containing
more than fifteen (15) parking spaces.
(b) The minimum size of an interior planting area shall
be one hundred (100) square feet. At least one -third (1/3)
of the total interior planting area shall be provided in
individual areas of two hundred (200) square feet or
greater.
(c) Trees shall be included in the interior
landscaping areas at the rate of one (1) tree for each
fifteen (15) parking spaces."
SECTION 20. Sec. 15 -135 shall read as follows:
"Sec. 15 -135 Building landscaping.
(a) Landscape areas shall be provided between the
vehicular use area used for public parking and the building
they serve. (This would exclude truck loading of service
areas not opened for public parking.) These areas shall be
in aggregate equal to an equivalent planter strip three (3)
feet wide along the vehicular use area.
(b) One (1) tree and four (4) shrubs shall be planted
in these building landscape areas for each forty (40) linear
feet of vehicular use area abutting the building.
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(c) For buildings greater than forty (40) feet in
height at least one -third (1/3) of the trees to be placed in
the building landscaping area shall be of a species with a
mature height greater than thirty (30) feet.
(d) The size and location of planter areas and the
placement of trees and shrubs within these planter areas
should be freely adapted to meet local site conditions.
SECTION 21. Sec. 15 -136 shall read as follows:
"Sec. 15 -136 Exceptions.
(a) All parking lots used solely for the purpose of
providing commercial for rental or lease parking as a
business will be required to meet the normal landscaping
requirements with the following exceptions:
(1) Perimeter landscaping will not be required when
said landscaping would be adjacent to a building
without side setback on the side adjacent to the
parking lot and which side has no windows.
(2) The percentage of street screening required may be
reduced to twenty percent (20 %).
(3) Perimeter landscaping strip width may be reduced
to four (4) feet.
(4) Interior landscape plantings required may be
reduced to three percent (3 %) of any vehicular use
area containing more than fifteen (15) parking
spaces.
(b) Industrial sites will be required to meet the
normal landscaping requirements with the following
exceptions:
(1) Industrial yards and compounds used for storing
materials, manufactured products, equipment, truck
loading and unloading shall be excluded from
interior landscaping requirements.
(2) Industrial sites adjacent to other industrial
sites shall not be required to provide perimeter
landscaping strips behind the building lines
between said sites."
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SECTION 22. Sec. 15 -137 shall read as follows:
"Sec. 15 -137 Protection of landscaping.
Raised concrete curbing or other approved devices shall
be placed around the base of each landscaped area to protect
plantings from automobile and pedestrian traffic. Such
curbing should be offset two (2) feet from planting areas
abutting parked vehicles, in order to protect plantings from
vehicle front end overhang and vehicle doors opening into
planter areas."
SECTION 23. Sec. 15 -138 shall read as follows:
"Sec. 15 -138 Use of live plant material.
At least fifty percent (50 %) of landscape areas must be
covered by live plant material at the time of plant
maturity. Grass to be considered as satisfying landscape
area requirements must be solid sod."
SECTION 24. Sec. 15 -139 shall read as follows:
"Sec. 15 -139 Sight distance requirements.
Plant materials and other landscaping elements placed
in areas of traffic shall be designed to maintain adequate
sight distance for vehicular and pedestrian traffic.
Normally, shrubs, fences and walls in these areas should be
less than thirty (30) inches of height above the grade of
the vehicular use area. Trees in these areas should be
regularly pruned to maintain eight (8) feet of clearance
under limbs."
SECTION 25. Sec. 15 -140 shall read as follows:
"Sec. 15 -140 Treatment of land use buffers.
(a) Requirements for landscaping in land use buffers
shall be the same as perimeter landscaping requirements.
Buffer width shall be determined by the Zoning Ordinance.
(b) Natural vegetation and undergrowth often have
scenic and ecological value and therefore, when approved,
may be used in lieu of normal landscaping requirements.
Each site must be evaluated on an individual basis.
(c) A minimum of sixty percent (60 %) of the land use
buffer must be maintained in a natural state."
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SECTION 26. Sec. 15 -141 shall read as follows:
"Sec. 15 -141 Treatment of hillside cuts and slopes.
(a) Hillside cuts present a variety of soil conditions
and must be reviewed on an individual basis for appropriate
ground cover.
(b) Existing trees and ground covers should be
protected when feasible and vegetation must be reestablished
within one (1) year of project completion to avoid erosion
and siltation.
(c) When large rock formations exist on the finished
grade, vines may be used as ground cover.
(d) The following procedures must be followed according
to grade of slope:
(1) Zero (0) to thirty percent (30 %) grade requires
vegetation with sod and /or ground cover.
(2) Thirty -one (31) to forty percent (40 %) grade
requires vegetation with netting and ground cover,
either hydroseeded or in containers.
(3) Over forty percent (40 %) grade requires rip -rap
with soil separating fabric.
(e) Curbing, fencing, grading or other physical
protection should be provided at the base of cuts and fills
in order to contain fallen rock and erosion.
(f) Trees shall be planted along benches used in
hillside cuts and fills. The average spacing between these
trees shall be greater than twenty (20) feet."
SECTION 27. Sec. 15 -142 shall read as follows:
"Sec. 15 -142 Protection of existing vegetation.
Care should be taken during the development of a site
to avoid damage to trees and the surrounding ground surface
area, especially within the tree drip line, in order to
protect the feeder root system of existing trees.
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(a) Construction practices to be avoided include:
(1) Compaction of the root system.
(2) Scaring or defacing of tree bark.
(3) Disturbing surrounding soil by trenching.
(4) Modifying elevation of surrounding soil.
(5) Placing impervious surfaces over the root system
such as asphalt or concrete or drastically
modifying the existing drainage system.
(b) Adequate drainage and aeration of the root system
should be provided for when modifying soil elevation around
trees. Proper regrading and installation of tree wells can
assist in achieving this standard.
(c) Construction practices may include barricading of
root system areas and providing a track surface for heavy
equipment circulation.
(d) When damage has occurred to the root system, the
same percentage of tree canopy should be selectively pruned
and trimmed back as root system destroyed. Root
stimulators, deep watering and fertilization should then be
implemented to enhance the recovery process."
SECTION 28. Sec. 15 -143 shall read as follows:
"Sec. 15 -143 Flexibility in applying standards.
(a) It is the intent of these provisions to allow
reasonable and appropriate flexibility for adapting
landscaping design standards described in this article to
the specific conditions of an individual site.
(b) Areas established for zoning buffers, hillside
buffers, storm water detention basins and utility easements
may be used and counted as satisfying landscape area
requirements stipulated by this article.
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(c) Up to one -third (1/3) of the perimeter planter area
and associated trees and shrubs can be shifted from one area
of the site to another for the purpose of improving visual
esthetics or for other appropriate environmental concerns.
(d) Up to two- thirds (2/3) of the building planter area
and associated trees and shrubs can be shifted to another
area of the site for the purpose of improving visual
esthetics or for other appropriate environmental concerns.
(e) Where a vehicular use area is devoted strictly to
access or loading or commercial loading, up to two - thirds
(2/3) of the landscape area, trees, and shrubs associated
with this vehicular use area may be shifted to other areas
on the site.
(f) Planter areas located within thirty (30) feet of
the right -of -way line may be counted as part of the street
side perimeter planter strip rather than as interior
planting.
(g) Up to one -third (1/3) the number of trees or shrubs
may be reduced for any given landscape area by compensating
at the equivalent of one (1) tree for every four (4) shrubs.
(h) Three (3) new trees may be eliminated for each
existing tree preserved according to proper procedures with
a trunk diameter in excess of six (6) inches."
SECTION 29. Sec. 15- 134 - -15 -150 shall read as follows:
"Sec. 15- 144 - -15 -150 Reserved."
SECTION 30. Effective Date. This code shall be in
full force and effect sixty (60) days from and after its
passage.
PASSED: April 3, 1990
ATTEST:
APPROVED:
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CityVClerk JanOf Czech Mayor F oyd . Villines, III 0_q a
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