94-9624 Zoning RegulationsKinn -Cow Printing — S.1—, Kansas
(Published in the Salina Journal 177a A 16 , 1994)
ORDINANCE NUMBER 94-9624
AN ORDINANCE AMENDING SECTIONS 42-65 THROUGH 42-65.12 OF
ARTICLE IV OF CHAPTER 42 OF THE SALINA CODE REGARDING
LANDSCAPING REGULATIONS.
BE IT ORDAINED by the Governing Body of the City of Salina,
Kansas:
Section 1. That Article IV of Chapter 42 of the Salina Code is
hereby amended to read as follows:
"Section 42-65. LANDSCAPING REGULATIONS.
"Section 42-65.1. INTENT AND PURPOSE.
The intent and purpose of these Landscaping
Regulations is 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, oxygen regeneration, ground water
recharge, storm water runoff retardation, and
noise and 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.
"Section 42-65.2. 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.
"Section 42-65.3. DEFINITIONS.
For the purpose of this Article, 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 non -living
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.
-1 Clx Priming — Salina, Kansas
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.
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.
F. 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
species which 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, 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 feet
or less in height at maturity, including
flowering trees and "patio" trees.
K. Shade Trees - Generally deciduous trees that
reach a height of thirty to sixty feet or taller
at maturity.
L. Street Trees - Any tree located within the City
right-of-way on either side of all public
avenues, or ways.
M. Yard Trees - Any tree which is not a street
tree as defined in this Subsection.
N. Significant Stands of Trees - A group of
twenty (20) or more trees, with a minimum two
(2) inch caliper and/or seven (7) or more feet in
height, located within an area of approximately
2,500 square feet.
"Section 42-65.4. LANDSCAPE PLANS --REQUIRED.
The landscape plan requirements of these regulations
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
Kuhn -Cox Priming — Salina, Kansas
the issuance of the building permit. The
approved plan shall be 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.
5. The location, type and size of all
above -ground 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.
"Section 42-65.5. REQUIRED LANDSCAPING FOR FRONT
YARDS.
A. The minimum amount of landscaped area in the
front yard of covered zoning districts and uses
when located adjacent to public streets shall be
as follows:
1. On a zoning lot with an average depth of
150 feet or less - 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 150 feet but less than 250 feet -
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 250 feet - 20 square feet of
landscaped front yard per lineal foot of
street frontage.
For zoning lots with
streets (i.e. , two or
amount of landscaped
each street frontage
percent.
frontage on two or more
more front yards), the
front yard required along
may be reduced by 30
B. A minimum of one shade tree or three ornamental
trees shall be planted for every 500 square feet
of required landscaped front yard.
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 - 1
1/2 inch
caliper measured
6 inches
above the
ground;
ornamental trees
- 1 inch
caliper measured 6
inches above the
ground;
evergreen
trees - 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 25 square feet of permeable
area around each tree is recommended.
4. Adequate distance between individual trees
shall be provided; minimum spacing should
be 15 feet for ornamental trees and 30 feet
for shade trees.
5. Shrubbery may be substituted for up to
one-third of the required trees at the rate
of 10 shrubs per one required tree.
Substitute shrubbery shall attain a mature
height of at least 2 feet and shall be no
less than 2 -gallon container size at time of
planting.
6. 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 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
5' wide.
7. 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.
"Section 42-65.6. 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 multi -family residential development (a
development with three or more dwelling units in
one building excepting single-family attached
townhomes) 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
15 feet in width. For developments with
more than one required landscaped buffer,
the width of each buffer may be reduced to
10 feet.
2. There shall be one shade tree and five
shrubs or two ornamental trees and five
shrubs for each 50 feet of the length of the
buffer.
Kuhn Cox Priming — Sallna, Kansas
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 5' 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 within any portion
of a required buffer.
5. Standards specified in Sec. 5.C. shall also
apply to landscaped buffers.
"Section 42-65.7. PARKING LOT SCREENING
A. Open unenclosed parking areas containing more
than 6 parking spaces shall be effectively
screened from adjacent residential developments
and streets when located within 100 feet thereof,
except at points of ingress and egress, to a
minimum height of six feet adjacent to residences
and three 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 50 spaces shall
contain landscaped islands equal to 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 3
feet where walls and fences are combined
with vines and shrubs, 5 feet where trees
and shrubs are used exclusively, and 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 Sec.42-65.5. 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 .
"Section 42-65.8. OTHER LANDSCAPE STANDARDS.
The following additional landscape standards shall
also apply:
Klhl Go. Printing — SaIlla, K11SaS
A . Existing trees may be credited toward the
required number of trees provided all of the
following conditions exist:
1. The trees are healthy, at least 1 and 1/2
inches in caliper measured 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 25 feet of the
property line.
3. Provisions are taken to protect the trees
during construction to insure long-term
survival.
B. Landscape plantings should be planted, mulched
and staked according to Publication #L-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 80 percent in ground surface covered
by living
plant materials or
turf grass.
The
remaining
20 percent may be
covered with
bark,
wood chips, rock, bricks,
stone on
similar
nonliving
materials provided
an effective
weed
barrier is
installed.
E. All land area not covered by landscaping, paved
parking, drives and walkways, and structures
shall be seeded with perennial grass and
regularly mowed and maintained in a proper
appearance.
"Section 42-65.9. 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 encouraged 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.
Knnn'CO% Printing — Salina, Kansas
"Section 42-65.10. EXCEPTIONS AND MODIFICATIONS.
The provisions of this article 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 article, except as follows:
1. When the value of renovation or
reconstruction exceeds 50 percent of the
appraised value of existing improvements, as
determined by the County Appraiser; or
2. When there is more than a 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 article is maintained.
"Section 42.65.11. 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 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.
"Section 42-65.12. ENFORCEMENT.
A. Until the provisions of this article, 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.
Kuh, Cox Priming — $alma, Kansas
B . All landscaping shall be subject to periodic
inspection by the Zoning Administrator, or an
authorized representative, to determine
compliance with the approved landscape plan and
the requirements of this article. 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 sections of this article that are in
violation.
Section 2. That this ordinance shall take effect and be in force
from and after its adoption and publication once in the official city newspaper.
[SEAL]
ATTEST:
4Stephanie Krug
Acting City Clerk
Introduced: February 7, 1994
Pas,✓s'e�d: February 28, 1994
Peter F. Brungardt, Mayor