08-10444 Commerical Landscaping Regulations(Published in the Salina Journal on May 2, 2008)
ORDINANCE NUMBER 08-10444
AN ORDINANCE AMENDING CHAPTER 42, ARTICLE IV, SECTION 42-65 OF THE
SALINA CODE PERTAINING TO LANDSCAPING REGULATIONS AND REPEALING
EXISTING SECTION 42-65.
w BE IT ORDAINED by the Governing Body of the city of Salina, Kansas:
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' o Section 1. That Section 42-65 of Chapter 42, Article IV of the Salina Code is hereby amended
and reads as follows:
"Sec. 42-65. Landscaping regulations.
Landscaping regulations are as follows:
(1) Intent and purpose. The intent and purpose of these landscaping regulations are as follows:
(a) Enhance the visual appearance of the community through the use of trees and
landscape materials to create an aesthetically pleasing environment.
(b) Encourage trees and landscape vegetation to screen unsightly views, soften hard
architectural lines, frame buildings and views, and buffer uncomplimentary land uses.
(c) Improve environmental conditions by providing air purification, Ox ygen regeneration,
ground water recharge, storm water runoff retardation, and noise arid glare reduction.
(d) Increase the energy -efficiency of buildings through the control of wind, sun and
shade by the proper placement of trees and landscape vegetation.
(e) Preserve and protect existing trees and natural landscape areas from destruction and
removal.
(2) Applicability. The regulations established herein shall apply to all new development and
substantial levels of redevelopment and/or additions within the corporate boundaries of the
city, except single-family detached dwellings, single-family attached townhomes, duplex
dwellings and any development occurring on property zoned A-1 Agricultural, MH -S
Manufactured Home Subdivision, U University, C-4 Central Business, District, I-2 Light
Industrial, or I-3 Heavy Industrial under Chapter 42 of this Code.
(3) Definitions. For the purpose of this section, the following words and terms as used herein
are defined to mean the following:
a.
Landscape material: Shall consist of such living material as trees, shrubs, ground
cover/vines, turf grasses, and nonliving material such as: rocks, pebbles, sand, bark,
brick pavers, earthen mounds (excluding pavement), and/or other items of a
decorative or embellishment nature such as: fountains, pools, walls, fencing,
sculpture, etc.
b.
Landscaped open space: All land area within the property lines not covered by
building or pavement.
C.
Turf grass: A species of perennial grass grown as permanent lawns or for landscape
purposes as distinguished from those species grown for agricultural or commercial
seed purposes.
d.
Native grasses: Species of perennial grass other than those designated as noxious
weeds by the State of Kansas.
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e.
Ground cover: Landscape materials, or living low -growing plants other than
agricultural crops and turf grass, installed in such a manner so as to form a continuous
cover over the ground surface.
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Shrubs: Any self-supporting, woody plant of a species which normally grows to an
overall height of less than fifteen (15) feet in this region.
g.
Trees: Any self-supporting, woody plant of a specieswhich normally grows to an
overall minimum height of fifteen (15) feet in this region.
h.
Deciduous trees: Generally those trees which shed their leaves annually, such as ash,
b. All landscape plans shall include the following information:
1. A north arrow and scale.
2. The location of all proposed landscape materials including existing trees
proposed to be saved.
3. A listing of the proposed plant materials indicating the type, number and size at
the time of planting.
4. The location of proposed structures and parking areas showing the type of
surfacing.
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5. The location, type and size of all aboveground and underground utilities.
6. Topography and final grading adequate to specify plantings for sloping areas.
7. Proposed plans for provision of water to plant materials.
8. Any other provisions applicable to the project including measures to be taken
during construction to protect existing trees to be saved or plans requiring
excavation or construction within street right-of-way or utility easements.
(5) Required landscaping for front yards.
a. The minimum amount of landscaped area in the front yard of covered zoningdistricts
and uses when located adjacent to public streets shall be as follows:
1. On a zoning lot with an average depth of one hundred fifty (150) feet or less: ten
(10) square feet of landscaped front yard per lineal foot of street frontage.
2. On a zoning lot with an average depth of more than one hundred fifty (15 0) feet
but less than two hundred fifty (250) feet: fifteen (15) square feet of landscaped
front yard per lineal foot of street frontage.
oak, maple, etc.
i. Evergreen trees: Generally those trees which do not shed their leaves annually, such
as pine, spruce, cedar, etc.
j. Ornamental trees: Generally trees thirty (30) feet or less in height at maturity,
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including flowering trees and "patio" trees.
k. Shade trees: Generally deciduous trees that reach a height of thirty (30) to sixty (60)
feet or taller at maturity.
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1. Street trees: Any tree located within the city right-of-way on either side of all public
avenues, or ways.
in. Yard trees: Any tree which is nota street tree as defined in this subsection.
n. Significant stands of trees: A group of twenty (20) or more trees, with a minimum
two-inch caliper and/or seven (7) or more feet in height, located within an area of
approximately two thousand five hundred (2,500) square feet.
o. Xeriscape: A landscaping method developed especially for and and semiarid climates
that utilizes water -conserving techniques (such as the use of good planning and
design, practical turf areas, drought tolerant plants, soil improvements, use of
mulches, efficient irrigation, and good maintenance).
(4) Landscape plans required. The landscape plan requirements of these lregulations are as
follows:
a. A landscape plan shall be submitted in connection with other plans to develop
property covered by these regulations. In the case of requests to rezone property to
PDD planned development or PC planned commercial, the landscape plan shall be
submitted at the time of -the rezoning application and shall be approved by the
planning commission. For other developments, the landscape plan shall be submitted
at the time of the building permit application and shall be approved by the zoning
administrator prior to the issuance of the building permit. The approval plan shall be
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binding on present and future property owners, unless formally amended.
b. All landscape plans shall include the following information:
1. A north arrow and scale.
2. The location of all proposed landscape materials including existing trees
proposed to be saved.
3. A listing of the proposed plant materials indicating the type, number and size at
the time of planting.
4. The location of proposed structures and parking areas showing the type of
surfacing.
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5. The location, type and size of all aboveground and underground utilities.
6. Topography and final grading adequate to specify plantings for sloping areas.
7. Proposed plans for provision of water to plant materials.
8. Any other provisions applicable to the project including measures to be taken
during construction to protect existing trees to be saved or plans requiring
excavation or construction within street right-of-way or utility easements.
(5) Required landscaping for front yards.
a. The minimum amount of landscaped area in the front yard of covered zoningdistricts
and uses when located adjacent to public streets shall be as follows:
1. On a zoning lot with an average depth of one hundred fifty (150) feet or less: ten
(10) square feet of landscaped front yard per lineal foot of street frontage.
2. On a zoning lot with an average depth of more than one hundred fifty (15 0) feet
but less than two hundred fifty (250) feet: fifteen (15) square feet of landscaped
front yard per lineal foot of street frontage.
3. On a zoning lot with an average depth of more than two hundred fifty (250) feet:
twenty (20) square feet of landscaped front yard per lineal foot of street frontage.
For zoning lots with frontage on two (2) or more streets (i.e., two (2) or more
front yards), the amount of landscaped front yard required along each street
frontage may be reduced by thirty (30) percent.
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b. A minimum of one (1) shade tree or three (3) ornamental trees shall be planted for
every five hundred (500) square feet of required landscaped front yard.
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C. The following design standards shall apply to required landscaping and trees in front
yards:
1. Trees shall be selected from the Recommended Tree List for Salina.
2. The minimum size at the time of planting of required trees shall be as follows:
shade trees --one and one -half-inch caliper measured six (6) inches above the
ground; ornamental trees--one-inch caliper measured six (6) inches above the
ground; evergreen trees --five (5) feet in height.
3. Trees shall be located in planter areas of sufficient size to allow for growth,
prevent damage from vehicles, and avoid unnecessary maintenance to structures,
walks and drives; a minimum of twenty-five (25) square feet of permeable area
around each tree is recommended.
4. Adequate distance between individual trees shall be provided; minimum spacing
should be fifteen (15) feet for ornamental trees and thirty (30) feet for shade
trees.
5. Shrubs, ground cover and other landscape plantings shall be selected from the
Recommended Xeriscape Plant List for Salina. Comparable plantings may also
be selected with the approval and consent of the City Forester and the Zoning
Administrator, if the proposed plantings are demonstrated to meet the City of
Salina's objective of providing attractive landscapes with minimal water usage.
6. Shrubbery may be substituted for up to one-third of the required trees at the rate
of ten (10) shrubs per one (1) required tree. Substitute shrubbery shall attain a
mature height of at least two (2) feet and shall be no less than two -gallon
container size at time of planting.
7. The required trees and shrubs (except evergreen varieties) may be located in
adjacent public right-of-way if approved by the city engineer, there are no
conflicts with utilities, and the plantings are located no closer than three (3) feet
to the curb line of adjacent streets. No tree shall be planted between the curb and
the sidewalk if the' clear space is less than five (5) feet wide.
8. Trees, shrubbery, walls and fences located near the intersection of streets shall
maintain sight visibility clearance as specified in Chapter 35 of this Code. All
fences and walls shall be built with the finished side out and located toward the
private property side of required landscaped front yards to maintain a landscaped
appearance along the street.
(6) Required buffers.
a. . A landscaped buffer is required along the common property line in any nonresidential
development in any zoning district where such development is adjacent to any
residential development and in any multifamily residential: development (a
development with three (3) or more dwelling units in one (l) building excepting
single-family attached townhouses) in any zoning district where such development is
adjacent to single-family residential development.
b. The design standards for landscaped buffers shall be as follows:
1. The required buffer shall be a minimum of fifteen (15) feet in width. For
developments with more than one (1) required landscaped buffer, the width of
each buffer may be reduced to ten (10) feet.
2. There shall be one (1) shade tree and five (5) shrubs or two (2) ornamental trees
and five (5) shrubs for each fifty (50) feet of the length of the buffer.
3. A minimum of one-third of the trees and shrubs shall be evergreen.
4. Parking spaces serving any use allowed in the C-1 district or any district of lesser
classification may be located within the required buffer not closer than five (5)
feet from the property line provided a dense planting screen or solid wall or fence
is installed. No buildings, driveways, or accessory facilities may be located
qwithin
any portion of.a required buffer.
5. Standards specified in subsection (5)c shall also apply to landscaped buffers.
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(7) Parking lot screening.
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a. Open unenclosed parking areas containing more than six (6) parking spaces shall be
effectively screened from adjacent residential developments and streets when located
within one hundred (100) feet thereof, except at points of ingress and egress, to a
minimum height of six (6).feet adjacent to residences and three (3) feet adjacent to
streets above the parking surface by the use of walls, fences, bermed lawns and/or
plantings.
b. Parking lots containing more than fifty (50) spaces shall contain landscaped islands
equal to five (5) percent of the total paved area. Such islands shall be in addition to
the other landscaped area requirements.
C. The design standards for parking lot screening shall be as follows:
1. Vertical walls and decorative fences should avoid a monotonous appearance by
architectural variation or use of trees, shrubs and/or vines.
2. Parking lot screening may be located within and substituted for required
landscaped front yards and buffers provided that the minimum number of trees
otherwise required are established. Shrubs used to meet screening requirements
shall not substitute for required trees.
3. Landscape materials should be located in a planting strip having a minimum
width of three (3) feet where walls and fences are combined with vines and
shrubs, five (5) feet where trees and shrubs are used exclusively, and ten (10) feet
where berms are combined with trees, shrubs, walls or fences to create the
screening effect. The planting strip shall be measured from the edge of the
parking lot paving to the edge of the adjacent sidewalk or property line.
4. Standards specified in subsection (5)c shall also apply to parking lot screening.
d. Trash receptacles, mechanical equipment, and service areas shall also be screened
from pedestrian access ways and the street right-of-way.
(8) Other landscape standards. The following additional landscape standards shall also apply:
a. Existing trees may be credited toward the required number of treeslprovided all of the
following conditions exist:
1. The trees are healthy, at least one and one-half (1 1/2) inches in caliper measured
six (6) inches above the ground, and are a desirable species as. determined by the
city forester.
2. . The trees are located within the street right-of-way or are within twenty-five (25)
feet of the property line.
3. Provisions are taken to protect the trees during construction to ensure long-term
survival.
b. Landscape plantings should be planted, mulched and staked according to Publication
4L-802 "Woody Plant Material and Installation Specifications" published by the
Kansas State Forestry Division.
C. Landscaping shall not interfere with the function or accessibility of any gas, electric,
water, sewer, telephone or other utilities or easements. Prior to excavation within any
public right-of-way or easements, the location of all underground utilities shall be
determined and any required permits shall be obtained.
d. Required landscaped area shall consist of a minimum of sixty (60) percent in ground
surface covered by living plant materials from the Recommended Xeriscape Plant
List for Salina turf grass. The remaining forty (40) percent may be covered with bark,
wood chips, rock, bricks, stone or similar nonliving materials provided an effective
weed barrier is installed.
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e. All land area not covered by landscaping, paved parking, drives and walkways, and
w structures shall be seeded with warm season perennial turf grass and regularly mowed
and maintained in a proper appearance, except that up to 50% of the total turf grass
area may be devoted to cool season grasses.
' (9) Maintenance. The maintenance requirements for all landscaping areas shall be as follows:
a. The landowner is responsible for the maintenance of all landscaped areas and shall
keep them in a proper, neat and orderly appearance and free from litter and debris at
all times.
b. Maintenance shall include mowing, trimming, weeding, mulching, restaking, pruning,
fertilizing, disease and insect control and other necessary operations.
C. All landscaped areas shall be provided with a permanent water supply, except as
otherwise shown on the landscape plan and approved by the city. Irrigation systems
shall be designed and operated to avoid watering impervious surfaces and streets.
Landscape designers and property owners are required to utilize xeriscaping and take
advantage of its water saving principles and practices.
d. The city shall have the authority to require that all dead trees, shrubs and plants be
replaced during the next planting season.
(10) Exceptions and modifications. The provisions of this section may be excepted or modified
as follows:
a. The expansion or redevelopment of a site utilizing all or parts of an existing
building(s) shall not be required to meet the landscaping requirements of this section,
except as follows:
1. When the value of renovation or reconstruction exceeds fifty (50) percent of the
appraised value of existing improvements, as determined by the county appraiser;
or
2. When there is more than a thirty (30) percent increase in the gross floor area of
existing buildings on the site.
b. Where there exists extraordinary topography, existing vegetation, land ownership, site
boundaries and dimensions, adjacent development characteristics or other exceptional
circumstances or conditions, the zoning administrator may modify or vary the strict
provisions of these regulations as is deemed appropriate, provided the intent and
purpose of this section is maintained. i
(11) Completion or assurances for installation.
a. Prior to the issuance of a certificate of occupancy for any structure where landscaping
is required, except as provided in subsection b below, all work indicated on the
approved landscape plan shall be completed, inspected and approved by the zoning
administrator. Prior to approval, the quantities, locations, types and sizes of plants and
other landscape materials shall be checked for compliance.
b. A landowner may obtain a certificate of occupancy for a structure prior to completion
' of required landscaping work if completion is not possible due to seasonal or weather
conditions, and if acceptable assurances are submitted guaranteeing the completion of
said landscaping. The acceptable assurance, such as an irrevocable letter of credit,
performance bond, certified check, or escrow account, shall be equal to one hundred
twenty-five (125) percent of the cost to complete the landscaping work and shall be
accompanied by a written agreement assuring that such landscaping will be
completed prior to the expiration date of said assurance. If an inspection reveals that
said landscaping work is not completed prior to the expiration date of said assurance,
the city shall utilize said assurance to pay for the completion of the landscaping work.
(12) Enforcement.
a. Until the provisions of this section, including the condition of any permits issued
thereunder, have been fully met, the city may withhold issuance of any building
permit, certificate of occupancy or inspection required under the city building codes
or the city may issue cease and desist orders for further development.
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b. ' All landscaping shall be subject to periodic inspection by the zoning
administrator, or an authorized 'representative, to determine compliance with the
' e approved landscape plan and the requirements of this section. When the
landscaping has not been installed, maintained, or replaced to comply with said
plan and requirements, a written corrective order shall be issued to the alleged
violator. The order shall specify the subsections of this section that are in
violation.
Section 2. That the existing Section 42-65 is hereby repealed.
Section 3. That this ordinance shall be in full force and effect from and after its adoption and
publication once in the official city newspaper
Introduced: April 21, 2008
Passed: April 28, 2008
Joh K. Vanier II, Mayor
[SEAL]
ATTEST:
Shand, Deputy City Clerk
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