§ 5.2. Landscaping, trees, screening, and fencing.
A.
General provisions.
1.
Purpose. This Section 5.2 is intended to ensure that new landscaping and the retention of existing vegetation is an integral part of all development, and that it contributes added high quality to development, retains and increases property values, conserves water, and improves the environmental and aesthetic character of the community. It is also the intent of this section to provide flexible requirements that encourage and allow for creativity in landscape design.
2.
Applicability.
a.
New development. This Section 5.2 shall apply to all new development, unless specifically exempted by subsection 5.2.d.[5.2.A.2.d] below.
b.
Enlargement of existing development. This Section 5.2 shall apply to all applications for building permits for projects that involve one (1) or more of the following:
i.
An increase in the number of stories in an existing building on the lot;
ii.
An increase in the nonpermeable lot coverage by more than 2,000 square feet; or
iii.
An increase of 30 per cent or more in the square footage of building area or parking lot.
Where an existing parking area is altered or expanded to increase the number of spaces to a total of more than 20, interior landscaping shall be provided on the new portion of the lot in accordance with subsection 5.2.B.1.c. below.
c.
Landscaping plans approved under previous ordinances. All landscape plans approved under prior ordinances of the city shall remain in effect and subject to fulfillment of all terms of such plans previously filed and approved.
d.
Exemptions. The following development types and areas are exempted from the requirements of this Section 5.2:
i.
Individual single-family and two-family dwellings on separate lots, where such residential use is the primary use on the lot;
ii.
New single-family detached and two-family subdivisions with four or fewer lots and four or fewer dwellings; and
iii.
Temporary uses approved pursuant to this Ordinance.
3.
Landscaping plan.
a.
Landscaping plan approval. Landscape plans shall be reviewed and approved by the director. For multifamily, commercial, and industrial developments, a landscaping plan may either be submitted with the required site plan or at later date following site plan approval. If the detailed landscape plan is to be submitted following site plan approval, the site plan shall at least show where landscape development is to occur. For single-family, two-family, and mobile home developments, the location of proposed landscape development shall be shown on the preliminary plat followed by a landscape plan submitted with the final plat. Upon receipt of a landscape plan, the director shall:
i.
Approve the landscape plan as complying with the requirements of this Ordinance; or
ii.
Approve the landscape plan with conditions that bring it into compliance with the requirements of this Ordinance; or
iii.
Reject the landscape plan as failing to comply with the requirements of this Ordinance; or
iv.
Waive the landscape requirement if it is determined that a suitable location for landscape development is not available.
b.
Landscape plan. The required landscaping plan shall contain the following:
i.
The date, scale, north arrow, project name and the name of the owner and designer.
ii.
The location of property lines and dimensions of the tract;
iii.
The approximate center line of existing watercourses, the approximate location of significant drainage features, the location and size of existing and proposed streets and alleys, existing and proposed utility easements and overhead utility lines on or adjacent to the lot, existing and proposed fire hydrants on or adjacent to the lot, and existing and proposed sidewalks on or adjacent to the lot;
iv.
The location, size, and type (tree, shrub, ground cover, berms, or grass) of proposed landscaping and the location and size of the proposed landscaped areas;
v.
Planting details and/or specifications;
vi.
The location, size (caliper and height), condition, and common name of any existing tree for which credit is requested shall be indicated. The method of protecting the existing trees which are to be retained from damage during construction shall be described;
vii.
A description of the type of irrigation system to be used and, if necessary, drawings of such system; and
viii.
The schedule of installation of required landscaping and appurtenances, which shall specify installation of all required landscaping and appurtenances, except trees, prior to the issuance of a certificate of occupancy (for multifamily, commercial, and industrial developments) or first building permit (for single-family and two-family developments) and further specify installation of required trees within the landscape plan within 120 days after issuance of such occupancy permit or first building permit. No manufactured housing units shall be allowed to be installed until all required landscaping is completed.
4.
Certification of installation.
a.
Installation of all landscaping except trees. Prior to the issuance of a certificate of occupancy (for multifamily, commercial, and industrial developments) or issuance of final inspection (for single-family and two-family developments), written certification shall be submitted to the city's development services department by an architect, landscape architect, or engineer authorized to do business in the State of Oklahoma, or the owner of the property, stating that the installation of the landscaping, except trees, is in accordance with the approved landscaping plan.
b.
Installation of trees. Prior to or within 120 days following the issuance of the occupancy permit (for multifamily, commercial, and industrial developments) or final building permit (for single-family and two-family developments), written certification of an architect, landscape architect, or engineer authorized for business in the State of Oklahoma or the owner of the property that all trees have been installed in accordance with the approved landscaping plan shall be submitted to the city's development services department.
c.
Temporary certificate of occupancy. A temporary certificate of occupancy may be issued for up to 120 days to allow landscape material to be installed in accordance with the approved landscape plan.
B.
Landscaping requirements.
1.
Standards in nonresidential, multifamily, and mixed-use districts.
a.
Landscaped edge. Except in the DM, DF, and NM districts (which are addressed in subsection b. below), all development in the nonresidential, multifamily, and mixed-use districts shall provide a landscaped edge adjacent to all highways, frontage roads, arterial and collector streets, and entrances through nonresidential districts to residential subdivisions. The landscaped edge shall comply with the following standards:
i.
Width. The landscaped edge shall be a minimum width of 35 feet for multifamily development, and ten feet for all other development subject to this section, exclusive of street right-of-way and sidewalk. However, the director may reduce the width of the required landscaped edge during site plan review if the reduction is required for public improvements.
ii.
Tree requirements. Within the landscaped edge, one (1) tree shall be planted for every 50 lineal feet of landscaped edge. The number of required trees shall be calculated based on the linear frontage of the required landscaped edge and shall be rounded to the nearest whole number. Trees may be grouped together or evenly spaced. Trees shall be two-inch caliper minimum and shall be on the city's approved tree list.
iii.
Additional requirement for parking lots and drives abutting landscaped edge.
(A)
Where parking lots and drives abut the landscaped edge, and the landscape edge is less than 30 feet in width, all developments shall provide ten shrubs (three-gallon minimum) for every 50 lineal feet of abutment to the landscaped edge. These shrubs shall be placed within the landscaped edge and are in addition to the required number of trees. The number of required shrubs shall be calculated based on the linear frontage of parking lot/drive abutment to the required landscaped edge and shall be rounded to the nearest whole number.
(B)
As an alternative to subsection (1), a berm or masonry wall may be placed within the landscaped edge in lieu of the required shrubs. The berm or masonry wall must be at least three but no more than five feet in height.
iv.
Additional tree requirement per housing unit in RM district. In the RM district, in addition to the tree and shrub requirements above, at least two trees and five shrubs (three-gallon minimum) shall be planted per multifamily housing unit. This landscape material shall not be included in the landscaped edge along the street frontage. However, it may be included in the other open space areas required by this Ordinance.
b.
Requirements for downtown and NM districts. In the DM, DF, and NM districts, the landscaped edge of subsection a. above is not required, but all developments shall comply with this subsection. Where a surface parking lot abuts the street right-of-way, the development shall provide a sidewalk built to city specifications within the right-of-way and one (1) of the following options:
i.
Option 1: A perimeter landscaped strip of between three feet and five feet in width, built to the street right-of-way, with either ornamental fencing or masonry walls, and wheel stops or curbing in the parking lot to prevent any vehicle overhang into the landscaped area (See Illustration 5.1 below); or
Illustration 5.1: Parking Lot Buffer in Downtown and NM (Option 1)
ii.
Option 2: An ornamental fence or masonry wall without landscaping, built to the street right-of-way, provided that a planting strip with street trees is provided between the sidewalk and the adjacent public street. (See Illustration 5.2 below.)
Illustration 5.2: Parking Lot Buffer in Downtown and NM (Option 2)
c.
Interior parking lot landscaping.
i.
Nonresidential, multifamily, and mixed-use districts. In all nonresidential, multifamily, and mixed-use districts, landscaped areas shall be established and maintained in off-street parking areas as follows:
(A)
In nonresidential and mixed use districts, at least one (1) tree shall be planted for every 15 parking spaces. In multifamily districts, at least one (1) tree shall be planted for every ten parking spaces. The number of required trees shall be rounded to the nearest whole number. These trees shall be planted inside or within 15 feet of the parking lot, but shall not be placed in the landscaped edge required in subsection a. above. Trees shall be two-inch caliper minimum and shall be on the city's approved tree list.
(B)
A landscape island with a planting area (measured back of curb to back of curb) at least ten feet in width and 18 feet in length shall be provided on each side of all drives that provide access from the street to the property.
(C)
All parking lot landscaped areas shall be protected by a raised six-inch concrete curb. Pavement shall not be placed closer than four and one-half feet from the trunk of a tree.
(D)
For site plans of two and one-half acres or less in size:
(1)
No parking space shall be located more than 50 feet from a landscaped area; and
(2)
Landscape islands shall contain at least 100 square feet, with a minimum width of ten feet.
(E)
For site plans greater than two and one-half acres in size:
(1)
No parking space shall be located more than 75 feet from a landscaped area; and
(2)
Landscape islands shall contain at least 180 square feet, with a minimum width of ten feet.
(F)
Landscape areas from which parking spaces can be measured shall include the following:
(1)
Landscape islands meeting the applicable size requirements of subsection iv. or v. above. However, the landscaped edge, as identified in subsection 5.2.B.1.a.iii(A), cannot be an area from which to measure.
(2)
Landscape areas next to buildings that are at least three feet in width and contain at least 100 square feet.
ii.
Residential multifamily districts. In all residential multifamily districts, landscaped areas shall be established and maintained in off-street parking areas as follows:
(A)
Parking spaces in an uncovered parking area shall extend no more than ten parking spaces without an intervening interior landscaped island no less than ten feet in width and 18 feet in length. Landscaped islands shall be planted with a combination of trees, and ground cover, or sod. Trees shall be two-inch caliper minimum and shall be on the city's approved tree list.
(B)
A landscaped area no less than ten feet in width and 18 feet in length shall separate detached garages or carport structures sited in a row (end-to-end). Such area shall be planted with a minimum one (1) tree from the city's approved tree list and ground cover or sod.
(C)
Lighting for parking lots may be contained within an interior parking lot landscaped area provided the landscaped area is a minimum of 200 square feet in area and provided the landscaping and trees, at maturity and as maintained, shall not obstruct the illumination path.
d.
Buffering of adjacent residential zones and uses. Whenever a nonresidential use is proposed adjacent to a property with residential zoning or in residential use, the nonresidential use shall provide a landscaped buffer of at least ten feet in width within the nonresidential property, planted with either a minimum of one (1) medium-to-large evergreen tree and ten shrubs for each 30 linear feet or portion thereof of adjacent exposure or one (1) medium-to-large evergreen for every 20 linear feet or portion thereof of adjacent exposure. A berm or masonry wall may be placed within the landscaped edge in lieu of the required shrubs.
2.
Standards in the RS, RD, and RMH districts. Development in the RS, RD, and RMH districts shall comply with the following standards:
a.
Street trees.
i.
At least one (1) tree per 50 lineal feet of frontage along an arterial street shall be planted along the arterial street. The number of required trees shall be calculated solely on the linear footage and shall be rounded to the nearest whole number. The trees may be grouped together or evenly spaced.
ii.
Any nonresidential use allowed in a residential zoning district by special use permit shall meet the landscaping requirements set forth in subsection 5.2.B.1.
iii.
All required landscape material shall be located either outside the arterial street right-of-way or if in arterial street right-of-way, placed within five feet of the street right-of-way. If landscape material is located five feet into the arterial street right-of-way, the sidewalk may be serpentine to allow landscape material to be placed in pocket areas as long as the tree-to-pavement distance of at least four feet is maintained.
iv.
For landscape material that is to be installed along an arterial street, a fence and landscape easement of at least five feet in width shall be provided.
b.
Landscape reserve. If a "landscape reserve" is designated on the plat next to an arterial street, the building setback line for lots adjacent to the landscape reserve can be from the ultimate right-of-way boundary as shown in the comprehensive plan.
c.
Fence plan. In all residential developments, the landscaping plan shall include a fence plan demonstrating compliance with the fencing standards of this Ordinance in subsection 5.2.E.
3.
Landscaped area requirements in PUDs. A minimum landscaped area in planned unit developments shall be required as follows:
a.
Office use: Fifteen per cent of net developable area.
b.
Commercial use: Ten per cent of net developable area.
c.
Industrial use: Ten per cent of net developable area.
4.
General landscaping requirements and standards. These standards shall apply to all areas where landscaping is required by this Ordinance.
a.
Approved tree list for landscape requirements. Trees shall be selected from the following approved tree list. Materials not on the list may be approved by the director if it is determined that they are equally suitable for local soil conditions and climate and would provide the same level of visual benefits. Required landscaping shall not include artificial plants, trees, or other artificial vegetation.
APPROVED TREE LIST
Common Name
Note Botanical Name Recommendations and Cultivars Large Trees: Trees that mature over 60 feet in height. These trees need spacing of at least 35 feet. Cypress, Bald ** Taxodium disticum Ginko (male) ** Ginko biloba Priceton Gold, Autumn Gold, Pendula Hackberry, Common Celtis occidentalis Chicagoland, Dleta, Windy City Oak, Black Quercus veluntina Oak, Bur Quercus macrocarpa Oak, Northern Red Quercus rubra Oak, Pin Quercus palustris Plant only in Bottomlands Oak, Shumard ** Quercus shumardi Oak, Southern Red Quercus falcate Oak, Swamp White Quercus bicolor Oak, Water Quercus nigra Oak, White Quercus alba Oak, Willow Quercus phellos Pine, Limber flexilis Pine, Loblolly Pinus taeda Pine, Shortleaf Pinus echinata Planetree, London Platanus x acerifolia Bloodgood, Columbia, Liberty, Yarwood Tulip Tree Liriodendron tulipfera Medium Trees: Trees with a mature size from 30 feet to 60 feet. These trees need a spacing of at least 25 feet. Ash, Green* (improved cultivars) ** Fraxinus pennslyvanica "Urbanite" Cedar, Atlas Cedrus atlantica Cedar, Western Red Thuja plicata Chittamwood Bumelia lanuginosa Coffeetree, Kentucky (male) Gymnocladus dioica Espresso, Prairie Titan, Stately Manor Cypress, Arizona Cupressus arizonica Cypress, Leyland Cupressocyparis leylandii Birch, River Betula nigra Dogwood, Kouse Cornus kousa Elm, Lacebark ** Ulmus parvifoila Allee, Athena, True Green and many more Elm, Cedar Ulmus crassifolia Goldenrain Tree*
(improved Cultivars)** Koelreuteria paniculata Fastigiata, September, Stadher's Hill, Panicled Hackberry, Sugar Celtis, laevigata Hophornbeam, Eastern Ostrya virginiana Hornbeam, European Carpinus betulus Japanese Pagoda Tree Sophora japonica Juniper, Rocky Mountain Juniperus scopulorum Linden, Greenspire*
(improved cultivars)** Tilia cordata
"Greenspire"Bicentennial, Bhjlje, Shamrock, Turesi Magnolia, Sweetbay Magnolia virginiana Maple, Norway*
(improved cultivars)Acer platanoides Maple, Red*
(improved cultivars)Acer rubrum Maple, Shantung Acer truncatum Norwegian Sunset,
Pacific SunsetMaple, Sugar Acer saccharum Caddo, Legacy,
Green MountainMaple, October Glory Mulberry, White (male) Morus alba "Fruitless" Oak, Blackjack Quercus marilandica Oak, Chinquapin ** Quercus muehlenbergi Oak, English ** Quercus robur Oak, Live Quercus virginiana Oak, Post Quercus stellata Oak, Sawtooth ** Quercus acutissima Pear, Callary*
(improved cultivars)** Pyrus calleryana var. Aristocrat, Autumn Blaze, Callary, Cleveland Select,
Chanticleer, Trinity, CapitolPine, Austrian Pinus nigra Pine, Japanese Black Pinus thunbergiana Pistache, Chinese ** Pistacia chinensis Western Soapberry Sapindus drummondi Zelkova, Japanese Zelkova serrata Aurea, Autumn Glow, Spring Grove, etc. Small Trees: Trees with a mature size of less than 30 feet. These trees need a spacing of at least 15 feet. Cherry, Japanese Prunus serrulata Chokecherry Prunus virginiana Crabapple, Flowering* (improved cultivars) ** Malus spp. 20 - 30 Crabapple Species Crapemyrtle* (improved cultivars) *** Lagerstromia indica Many Various Species Hawthorn, Washington* (improved cultivar) Crataegus phaenopyrum Holly, Deciduous *** Ilex deciduas Warren's Red Foster Holly *** Ilex x attenuata Holly, American Llex opaca Holly, Yaupon *** Ilex vomitoria Hornbeam, American Carpinus caroliniana Lilac, Japanese Syringa reticulate Magolia, Saucer Magnolia soulangiana Maple, Amur Acer ginnala Mockorange, Sweet Philadelphis coronaries Ninebark, Purple "Diabolo" Physocarpus opulifolius Redbud, Eastern ** Cercis canadensis Redbud, Oklahoma*
(improved cultivar)** Cercis reniformus Russian Olive ** Elaeagnus angustifolia Serviceberry, Downy Amelanchier arborea Smoketree ** Cotinus coggygria Whitebud, Eastern Cercis canadensis, alba NOTES:
* Improved cultivars available
** Best trees for parking lot application
*** Requires one (1) plant per 25 feet of required landscape edge
b.
Irrigation. Required new landscaping shall be irrigated by one (1) of the following methods:
i.
An underground sprinkling system;
ii.
A drip system; or
iii.
In industrial areas with nonarterial street or highway frontage, a hose attachment, with such attachment within 100 feet of all landscaped areas.
The irrigation system requires a permit and shall be installed to City of Broken Arrow Codes.
c.
Visibility. Landscaping, including berms, shall not obstruct pedestrian and/or vehicular traffic visibility at street intersections or at access points to streets.
d.
Maintenance. Every property owner and any tenants shall keep their landscaped areas in a well-maintained, safe, clean, and attractive condition at all times. Such maintenance shall include, but is not limited to, the following:
i.
Landscaped areas shall be kept free of trash, litter, weeds, and other such materials or plants not a part of the landscape.
ii.
All plant material shall be maintained in a healthy and growing condition. If any required tree fails, it shall be replaced in accordance with the guidelines contained in subsection 5.2.C.4. Other required landscaping that is diseased, damaged, destroyed, or removed must be replaced with plant material of similar variety and size (size not to be smaller than the minimum required by this Ordinance at the time of replacement).
iii.
Lawn mowing on a regular basis.
iv.
Proper pruning.
v.
Watering on a regular basis.
vi.
Maintenance of landscape lighting in working order.
vii.
Maintenance of underground irrigation systems in working order.
viii.
Cleaning of abutting waterways and landscaped areas lying between public right-of-way lines and the property, unless such streets, waterways, or landscaped areas are expressly designated to be maintained by a designated governmental authority.
e.
Landscaping on public property.
i.
The city shall have the power to plant, preserve, spray, trim, or remove any tree, shrub, or plant on any parkway, alley, or public ground belonging to the city.
ii.
It shall be unlawful for any person to cut or break any branch of any tree or shrub or injure in any way the bark of such tree or shrub growing on public property.
iii.
Trees shall not be planted in arterial street rights-of-way without prior written permission from the city.
C.
Tree protection and replacement. The purpose of this section is to establish incentives for the preservation of existing trees within Broken Arrow and to provide guidelines for the protection of trees during construction, development, or redevelopment.
1.
Grading permit. No clear-cutting of land is allowed without a grading permit from the development services department.
2.
Tree preservation credits.
a.
For every existing tree that is preserved in an area where landscaping is required by this Ordinance, the developer shall be given credit in accordance with the following table. Only trees in good condition having been protected in accordance with subsection 5.2.C.3. below shall be considered for credit.
Caliper of Tree: Tree Credit: Less than 2 inches No credit 2 to 3 inches 1 tree 4 to 16 inches 2 trees 17 to 30 inches 3 trees Larger than 30 inches 4 trees b.
An applicant requesting credit for protecting existing trees pursuant to this section shall include on the landscaping plan the approximate location, size (caliper and height), condition, and common name of each tree to be preserved for which the applicant is requesting tree credits.
3.
Guidelines for tree protection during construction. All developers are encouraged to adhere to the following tree protection measures on all construction sites as applicable. Only trees protected in accordance with these guidelines shall be eligible for credit against required landscaping.
a.
Prior to grading, construction, or land development, the developer shall clearly mark all trees to be preserved.
b.
The developer shall erect a plastic mesh fence a minimum of four feet in height at the drip line around each tree or group of trees to prevent the placement of debris or fill within the drip line of any tree and the disturbance of soil below the canopy.
c.
During the construction stage of development, the developer shall prohibit cleaning, parking, or storage of equipment or materials under the canopy of any tree or group of trees. No disposal of any waste material such as, but not limited to, paint, oil, solvents, asphalt, concrete, mortar, etc., under the canopy of any tree or groups of trees shall be permitted to occur.
d.
No attachments or wires of any kind, other than those of a protective nature, should be attached to any tree. No twine shall be left on the tree such that it would girdle the trunk causing premature death.
e.
No fill or excavation may occur within the drip line of a tree to be preserved unless there is a specific approved plan. Major changes of grade (six inches or greater) will require additional measures to maintain proper oxygen and water exchange with the roots. With major grade changes, a retaining wall or tree well of rock or brick should be constructed around the tree no closer than the drip line. The retaining wall should be constructed so as to maintain the existing grades around a tree or group of trees.
f.
No utility, plumbing or irrigation trenches shall be dug within the drip line.
g.
At no time shall a wall, pavement, or porous pavement be placed closer than four and one-half feet or one (1) foot for every two inches in caliper, whichever is greater, to the trunk of the tree.
4.
Replacement of trees.
a.
When required. Replacement trees are required when any required tree or any tree that was shown on a landscape plan and that was granted landscaping credit under this section is removed. Acceptable types of replacement trees are listed in the city's approved tree list.
b.
Tree replacement rates. Any required tree or credited tree that fails shall be replaced at the following rates:
Caliper of Tree Removed: Tree Shall be Replaced By: Less than 4 inches Tree of same caliper 4 to 16 inches 2 trees with minimum caliper of 3 inches. Larger trees may be used as long as at least 6 caliper inches is replaced. 17 to 30 inches 3 trees with minimum caliper of 3 inches. Larger trees may be used as long as at least 9 caliper inches is replaced. Larger than 30 inches 4 trees with minimum caliper of 3 inches. Larger trees may be used as long as at least 12 caliper inches is replaced. c.
Off-site placement of replacement trees. If the physical limitations of the subject property are such that all of the replacement trees cannot be properly located on site, the applicant may locate the extra trees on public park land with the approval of the parks director, or in an adjoining or nearby reserve area with the approval of the property owner.
5.
Tree location and sight distances.
a.
No tree shall be planted within an arterial street right-of-way, except as noted in [subsection] 5.2.B.2.a.iii.
b.
At the intersection of any arterial street with any other street or driveway, no property owner shall allow any vegetation to exceed a height of 30 inches above street grade within the sight triangle.
c.
No tree shall be planted within ten feet of any fire hydrant so as to obstruct the fire hydrant when viewed from the street.
d.
No trees, other than those species listed as small trees in subsection 5.2.B.4.a., shall be planted under or within 20 lateral feet of any overhead utility wire, or over or within five lateral feet of any underground public utility line.
e.
Prior to any landscaping being installed on freeways and expressways, a letter from the appropriate state transportation agency (i.e., Oklahoma Department of Transportation or Oklahoma Turnpike Authority) approving of such landscaping shall be provided to the City of Broken Arrow.
D.
Screening.
1.
Applicability. All multifamily residential and all nonresidential uses shall be required to provide screening as specified in this section to block the views of the specified features (e.g., refuse collection, service areas) from any adjacent street or public open space or any adjacent property or public areas of a site. For purposes of this section, public areas of a site include public parking areas, sales areas, outside eating areas, or other areas to which customers, clients, and guests are given regular access.
2.
Refuse collection. In order to reduce the visual impacts of multifamily and nonresidential development, and to avoid problems with blown trash and pests, all refuse collection receptacles shall adhere to the standards that follow. For purposes of this section, the term "refuse collection receptacles" includes dumpsters, garbage cans, debris piles, or grease containers, but does not include trash or recycling receptacles for pedestrians or for temporary construction sites. This section also does not apply to refuse collection receptacles such as garbage cans that are normally stored indoors and brought outdoors on garbage pickup days.
a.
Location. Outdoor refuse collection receptacles shall not be located in a required front setback, and should, depending on the size of the site and need for access by refuse collection vehicles, be set back from the front plane of the principal structure. Refuse collection receptacles for nonresidential uses shall not be located in any setback area or required landscaping area that abuts an adjacent residential use. Refuse collection receptacles shall not be located within any area used to meet the minimum landscaping or parking and loading area requirements of this chapter, or be located in a manner that obstructs or interferes with any designated vehicular or pedestrian circulation routes on-site.
b.
Screening enclosure. Each refuse collection receptacle shall be screened from view on all sides by a durable sight-obscuring enclosure consisting of an opaque fence or wall of between six feet and eight feet in height. (See Illustration 5.3 below.) Where the access to the enclosure is visible from adjacent streets or residential properties, the access shall be screened with an opaque gate. The enclosure shall be maintained in working order, and remain closed except during trash deposits and pickups.
c.
Maintenance of refuse collection receptacle. The lids of receptacles in screening enclosures without roof structures shall remain closed between pickups, and shall be maintained in working order.
3.
Service, storage, and off-street loading areas. Service, storage, and off-street loading areas shall be designed and located to reduce the visual and acoustic impacts of these functions on adjacent properties and public streets. Nonenclosed service, storage, and off-street loading areas shall be screened with durable, sight-obscuring walls and/or fences of between six feet and eight feet in height. Screening materials shall be the same as, or of equal quality to, the materials used for the primary building and landscaping.
4.
Rooftop mechanical equipment. Rooftop mechanical equipment, including HVAC equipment and utility equipment that serves the structure, shall be screened. Screening shall be accomplished through the use of parapet walls or a sight-obscuring enclosure around the equipment constructed of one (1) of the primary materials used on the primary facades of the structure, and that is an integral part of the building's architectural design. (See Illustration 5.4.)
5.
Wall-mounted mechanical equipment and meters. Wall-mounted mechanical equipment, including air-conditioning or HVAC equipment and groups of multiple utility meters, that extends six inches or more from the outer building wall shall be screened through the use of (a) sight-obscuring enclosures constructed of one (1) of the primary materials used on the primary facade of the structure, (b) sight-obscuring fences, or (c) trees or shrubs that form an opaque visual screen. Wall-mounted mechanical equipment that extends six inches or less from the outer building wall shall be designed to blend in with the color and architectural design of the subject building.
6.
Ground-mounted mechanical equipment and utility fixtures. Ground-mounted above-grade mechanical equipment shall be screened through the use of ornamental fences or screening enclosures, or through the use of trees or shrubs that form an opaque visual screen. Above-grade ground-mounted utilities are prohibited on sidewalks in the downtown.
7.
Pitched roofs. All roof jacks and penetrations shall be painted to match the adjacent roof color.
E.
Fencing and walls.
1.
Purpose. These standards are intended to permit the construction and maintenance of high-quality fences and walls, while preventing the monotonous appearance of uninterrupted fences and walls from dominating the city's streetscapes.
2.
General fence requirements.
a.
Screening of residential uses that abut collector and arterial streets and highways. All residential uses that abut any arterial or collector street or highway shall install and maintain fences that comply with this section on the side(s) of the property that abut such street or highway. These fences shall be at least six feet in height, and a maximum of eight feet in height if adjoining a highway. A fence plan showing compliance with the requirements of this section shall be submitted with the landscape plan. For all platted single-family and two-family residential subdivisions, a mandatory home owners association shall be established for the perpetual ownership and maintenance of the required screening fence or wall.
b.
Screening of higher-density residential districts. All developments in the RD, RM, and RMH districts shall install and maintain fences that comply with this section where such development abuts any agricultural, RE, or RS district. These fences shall be at least six feet and no more than ten feet in height.
c.
Nonresidential and mixed-use districts. All development in the nonresidential and mixed-use districts shall install and maintain fences that comply with this section where such development abuts any agricultural or residential district. The need for screening fences where industrial districts abut arterial streets and limited access highways will be reviewed as part of the site plan. These fences shall screen all yards and shall be at least eight feet and no more than ten feet in height. Outside storage shall be fully screened with a solid material wall or a combination of earthen berms, fences, walls, and/or evergreen plant materials.
3.
Design standards for fences and walls. All fencing or walls provided pursuant to this section shall comply with the following standards:
a.
Location.
i.
Outside the right-of-way. Fences shall not be constructed in the street right-of-way, whether such right-of-way is held as an easement or in fee. All required fences and walls shall be located within a minimum three-foot-wide fence easement adjoining the property boundary. This easement may be part of a wider or larger landscape easement or reserve.
ii.
Fence location in residential districts. Fences in residential districts may be constructed on property lines, in side yards, and rear yards. However, no fences higher than 30 inches may be constructed in any front yard.
iii.
Fences on corner lots. If the owner of a corner lot constructs a fence within a side yard and rear yard in accordance with this section, and if the rear portion of these yards abut the side yard of a neighboring lot, then any such fence built between the building setback line and the property line must be so constructed as to allow the driver of a vehicle on the neighboring lot to have a clear view of the street and all traffic thereon, for a distance of 75 feet in each direction from the point of entrance into the street right-of-way from the neighboring lot. For purposes of this subsection, the rear portion of the corner lot will be deemed to abut a neighboring side yard only if the two yards form a common boundary along the majority of their length.
iv.
Fences in flood and drainage areas. No fences, other than an open split-rail fence or barbed-wire fence, shall be constructed in any 100-year floodplain area. No fences other than open split rail or barbed wire shall be constructed in drainage easements that are outside the 100-year floodplain area unless the owner obtains the written approval of the city's engineering and construction department following their investigation of the proposed fence's impacts on drainage.
b.
Support posts.
i.
All new fences, including replacements for existing fences, that are required by this Ordinance shall have vertical support posts constructed of permanent building materials that may include, but are not limited to, a minimum of schedule-40 galvanized steel posts with an outside diameter equal to or larger than two and three-eighths-inch, masonry columns at least one (1) square foot, or PVC fencing using dual-extruded PVC posts. The director may permit alternative support posts as part of any site/landscape plan review, as long as the materials used meet or exceed the wind load capabilities of the materials listed above. Footings shall be constructed of concrete or equivalent materials.
ii.
Any existing fence otherwise lawful at the time of construction and thereafter maintained may continue throughout its useful life; however, the replacement of such fence or other repair of more than 30 consecutive linear feet shall require the replacement or repair to conform to the standards listed in subsection i. above.
c.
Uniform height. Unless otherwise approved by the planning commission, all fencing shall be uniform in height. Replacement fencing/screening, excluding support posts, shall retain its original height and material and the top elevation shall match the adjoining elevation.
d.
Materials. Where fencing is required by this ordinance, such fencing and walls shall be opaque and shall be constructed of durable, easily maintained materials such as, but not limited to, masonry, vinyl, or treated, stained or painted wood sections. Chain link, wire mesh, or other similar products shall be prohibited.
e.
Finished side. The "finished" side of the fence or wall shall face outward, away from the development installing the fence or wall, with all braces and supports on the interior side of the fence.
f.
Fence design.
i.
The length of continuous, unbroken, and uninterrupted fence plane shall be no more than 80 feet. Breaks shall be provided through the use of columns, landscaping pockets, transparent sections, and/or a change to different materials.
ii.
A variety of landscaping shall be provided in combination with any of the above visual breaks to incorporate seasonal color and plant variety and break up the visual mass of walls and fences.
iii.
Landscaped berms may be used in combination with any of the above visual breaks and shall meet the following standards:
(A)
Berms shall be between 30 inches and 48 inches in height; and
(B)
Berms shall provide additional separation and screening by incorporating a variety of plantings, consisting of dense stands of evergreen trees, canopy shade trees, ornamental trees, tall grasses, or shrubs.
(Ord. No. 3057, § I, 10-6-2009)