Loading...
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