10-14-12: - NONRESIDENTIAL AND RESIDENTIAL DEVELOPMENT LANDSCAPE REQUIREMENTS:

A.

Residential: All new and refurbished or remodeled single-family and two-family homes, apartments, condominiums and townhouses shall be required to improve and maintain, as landscape yards, the front, corner street side yard and park strip and install an appropriate permanent irrigation system, so that the landscaping will receive the appropriate amount of water in order to flourish in good health, before final approval or certificate of occupancy is issued. An escrow agreement with the City may be issued with a temporary certificate of occupancy which includes a time certain for installation of the landscaping and irrigation system by the owner/developer. Failure to install landscaping by the end of the next planting season (October of the following year) shall lead to forfeiture of the escrow funds and may lead to revocation of the temporary certificate of occupancy. Landscaping may include a combination of grass, plant cover and xeriscape. Also see Title 10, Chapter 28 for additional landscaping standards and requirements for residential developments.

B.

Nonresidential: All new or refurbished development in any nonresidential zone shall satisfy all of the following minimum landscape requirements, any other development standards or requirements notwithstanding: The planning commission shall require a combination of plant cover, xeriscape and other drought tolerant landscape features which will include plant material that can survive on low or minimal water usage and decorative hardscape which will enhance the look and feel of the property that is nonliving, including, but not limited to: water features, benches, planters, decorative walls, decorative ornaments, stamped concrete, small decorative rocks boulders, mulch, and decorative curbing.

1.

Refurbished Existing Developments: The refurbishing of any existing development that, in any manner whatsoever, is expanding, reducing or otherwise changing a building footprint, structure or parking lot, shall provide new landscaping equal to twenty percent (20%) of the new footprint of the expanded or reduced development area, no less than eighty-five percent (85%) of which shall be in the form of xeriscape and other drought tolerant landscape features including, but not limited to: water features, benches, planters, decorative walls, decorative ornaments, stamped concrete, small decorative rocks as well as boulders, mulch, and decorative curbing. Xeriscape and other drought tolerant landscape needing irrigation shall be required to use a properly designed drip irrigation system (no overhead spray) for the irrigation of plant materials on a separate zone for watering. In no case shall turf and lawn planting be allowed to exceed more than fifteen percent (15%) of the overall landscaping area. However, designated recreational areas are excluded from this turf and lawn planting requirement and any deviation from this requirement, due to the establishment of recreational areas, is subject to City Council approval.

a.

Landscaping Requirements: The landscaping requirement for refurbished existing developments may be satisfied under the conditions set forth below. Options A and B are preferred over option C. Option C shall only be permitted when options A and B cannot, in the determination of the planning commission, reasonably be accomplished by the developer/owner:

(1)

Option A: Landscaping on site or off site within the city;

(2)

Option B: Other beautification efforts of equal value, including, but not limited to, planters, hardscape, xeriscape, etc.;

(3)

Option C: Funds, equal in value to the required twenty percent (20%) landscaping as determined in the landscaping plan, contributed to the city to allow the city to install landscaping elsewhere within the city limits.

b.

Landscaping Plan: The developer/owner shall submit to the planning commission a landscape plan for the expansion, reduction or other changes of the building/development. The planning commission shall direct where and what type of landscaping, beautification or funds shall be allowed to satisfy this landscaping requirement.

2.

New Development: Twenty percent (20%) of all lot area, including parking areas, shall be landscaped, no less than eighty-five percent (85%) of which shall be in the form of xeriscape and other drought tolerant landscape features including, but not limited to: water features, benches, planters, decorative walls, decorative ornaments, stamped concrete, small decorative rocks as well as boulders, mulch, and decorative curbing. In no case shall turf and lawn planting be allowed to exceed more than fifteen percent (15%) of the overall landscaping area. However, designated recreational areas are excluded from this turf and lawn planting requirement and any deviation from this requirement, due to the establishment of recreational areas, is subject to City Council approval. At the planning commission recommendation, floodways (with an appropriate expert opinion), wetlands and undisturbed hillsides on the lot area may be counted for up to five percent (5%) of the required twenty percent (20%) as part of the landscape requirement, unless it is the determination of the planning commission that the landscaping in the area adds to the overall aesthetic value of the entire site, in such case, the allotted percentage credit may be increased. The following requirements shall be satisfied as part of any new development landscaping plan:

a.

Placement of decorative landscaping shall be required based on the size of the entire parking area, at a rough proportionality of the exterior/interior parking area. The proportions will be reviewed by the planning commission in regards to design.

b.

Landscape screening shall be required for parking or storage areas visible from any roadway. Said screening shall be in the form of a gentle berm. Berms shall be graded to appear as smooth, rounded, natural forms. All planting areas shall be protected to prevent damage by vehicles and vehicle overhang.

c.

At the planning commission recommendation, loading docks, dumpster areas or service areas visible from any roadway or residence, or abutting any residence or residential area shall be appropriately landscaped to reduce the impact to surrounding areas. Dumpsters shall be placed in the rear of the property or the most inconspicuous location on the site, in such a manner that it will still allow the area to be properly accessed and maintained.

d.

All areas not used for parking, drives or structures shall be landscaped. All areas along roadways shall be landscaped with landscape features that strengthen and enhance the aesthetic appeal of the development throughout and viewable from the roadway corridors.

e.

A minimum of two-inch (2") caliper trees shall be required as part of all landscape requirements. There shall be a minimum of one tree per five thousand (5,000) square feet of lot area, and not more than thirty-three percent (33%) of all newly planted trees may be of the same variety. All species of trees need approval from the planning commission. No trees are allowed to be planted within the park strip.

f.

Owners/developers shall enter into an escrow agreement with the city wherein the owner/developer shall deposit sufficient funds to ensure installation of the required landscape, which amount shall include an additional ten percent (10%) of the total amount required. The escrow agreement shall include a time certain for installation of the landscaping by the owner/developer. Upon default of the owner/developer of any of the conditions of this section, or the escrow agreement, the city shall receive the escrowed funds and use said funds to complete the required landscaping and appropriate irrigation system.

g.

Where any nonresidential development abuts any residence or residential area, the planning commission may require a landscape strip for said area and development. This may be separate from, and not be included in, the overall required percentage amount of landscape required for the specific area.

h.

The planning commission shall review the landscape site plan following the certification of the correct landscape ratios by the owner's/developer's engineer and after review of the certification by the city staff. A landscape plan shall accompany, or be a part of, the final site plan. The planning commission shall then forward its recommendations to the city council.

i.

It is the intent of this section to promote water conservation through proper plant selection, installation and maintenance practices. The following xeriscape principles shall serve as the primary means of achieving this goal:

(1)

Appropriate planning and design;

(2)

Limiting turf to locations where it provides functional benefits;

(3)

Efficient irrigation systems;

(4)

Use of soil amendments and mulches to improve water holding capacities;

(5)

Use of drought tolerant plants;

(6)

Decorative hardscape; and

(7)

Appropriate and timely maintenance.

j.

All areas landscaped with living plant material shall be serviced by an acceptable underground sprinkling or irrigation system. The establishment and continued operational use of smart watering irrigation systems are required for all underground sprinkling and landscaping irrigation systems. A WaterSense labeled smart irrigation controller, equipped with the appropriate rain delay feature, is required to be installed with the irrigation system.

k.

For xeriscape and nonliving ground cover landscaping, the following standards shall be utilized in establishing the landscaping and landscaping design:

(1)

The overall landscaping on the property enhances the visual environment by:

(A)

Adding visual interest through texture, color, size and shape, etc., and

(B)

Enhancing perspective by framing views complementing architecture, screening and creating points of interest and activity;

(2)

The design includes elements which work with existing topography and is designed in such a way as to make softened transitions from the landscaping of adjoining properties to the property in question;

(3)

Plant species that are a public nuisance or that cause excess litter shall be avoided;

(4)

The other aspects of waterwise design are included on the property which are:

(A)

An overall landscape design for the entire property,

(B)

Mulches are used in planting bed areas,

(C)

Turf areas are used in high use areas of the lot,

(D)

Plants are selected and installed which are appropriate for the physical condition of site specific locations, and

(E)

The landscaping is kept free of weeds and junk materials.

l.

The landowner, his successors and/or assigns, or agent, if any, shall be jointly and severally liable for the installation, regular maintenance and repair or replacement of any landscaping required by this section.

C.

General Maintenance: All landscaped areas, whether required or otherwise, shall be kept and maintained in accordance with all of the following standards:

1.

Landscaped areas shall be kept free of litter and debris.

2.

Landscaped areas shall be weeded on a regular basis.

3.

Trees and shrubs shall be pruned so as to avoid damage to other improvements, structures or utility lines.

4.

Dead branches or dead trees, shrubs or other plant materials are removed from the property.

5.

Lawns are mowed on a regular basis according to the growth habit of the type of turf grass used.

6.

All plant materials shall be adequately watered to maintain a healthy condition as by the typical color of the plant under normal growing conditions; provided that when water use restrictions are imposed by the city or applicable secondary water provider during times of drought, no violation shall occur as long as the owner or occupant is watering within such restrictions.

7.

Required trees, shrubs or other plant materials that have died and been removed shall be replaced.

(Ord. 885, 3-7-2017; amd. Ord. 939, 11-16-2021)