Appendix C · Zoning Regulations

ARTICLE EIGHTEEN – LANDSCAPING AND LIGHTING

14 sections

18.1800 General Purposes

A. The regulations for landscaping are designated to:

(1)Establish standards for outdoor lighting;

(2)Establish criteria for permitted types of plant landscaping;

(3)Enhance the visual appearance of the community through the use of landscaping materials and techniques;

(4)Provide greenery to visually soften paved areas and buildings;

(5)Establish optimal environmental conditions by providing shade, air purification, groundwater recharge, retardation of stormwater, abatement of noise, glare and heat;

(6)Ensure replenishment of native trees and plants by utilizing plant materials that are generally native or hearty to the region; and

(7)Preserve existing trees and areas of beauty.

18.1801 Landscaping: Plan Required

A. All plans submitted in support of a Final Development Plan and/or site plan shall include a landscape plan.

(1)The Planning Director may waive this requirement for smaller projects such as expansions, revocations, and sign installations. The waiver shall be based on the following items:

(a) The overall cost and scope of the necessary landscape improvement;

(b) The need for special functional designs for screening and buffering; and

(c) The ability to expand on existing landscape design versus creating new elements and treatments.

B. All landscaping plans shall include the following:

(1)The location, size, type, and quantity of all proposed landscape materials.

(2)The location, size of all existing plant material to be retained on the site.

(3)Location of hose connection, spigots, and other watering sources.

(4)The location of all trees being proposed to be removed that are 12 inch caliper or larger when measured at 4 ½ feet above the ground level.

18.1802 Minimum Tree Requirements

A. In all Zoning Districts:

(1)One shade tree per 40 feet of public or private street frontage shall be planted. For any fraction in calculation it shall be rounded up to the nearest whole number of trees.

(2)It is recommended that the trees not be located within the street right-of-way.

(3)The tree shall have a minimum 1 ½ inch trunk caliper when measured 4 ½ feet from the ground.

(4)Ornamental trees shall have a minimum height of 6 feet.

(5)Evergreens shall have a minimum height of 4 feet.

B. Additional trees are required for parking areas as stipulated in Article 18-1805.

C. A list of appropriate trees that may be planted can be obtained from the Planning Department.

18.1803 Protection of Preserved Trees

A. Existing trees saved on the site during construction may be credited toward the minimum number of trees required, provide that trees are a minimum of 4 inches caliper as measured 4 ½ feet above ground.

B. In order to receive credit for the preservation of an existing tree the following requirements shall be met:

(1)Preserve the entire area within the drip line of the tree.

(2)No soil may be removed from within the drip line of any tree that is to remain at its original location.

(3)The tree shall not be damaged from skinning, barking, bumping and the like.

(4)There shall be no impervious surface or grade change within 5 feet of the trunk.

(5)Cutting and ditching for underground utility lines shall be done in such a way as to preserve and protect the root system of the tree.

C. If the preserved tree becomes significantly damaged during construction phase or within 3 months of completion, the tree must be replaced with a tree meeting Article 18-1802

18.1804 Planting Requirements: General

A. All areas will have sod placement unless otherwise approved for seeding at the time of site plan approval by the City Council or Final Development Plan by the Planning Commission.

(1)Such areas shall be regularly mowed and planted according to good local horticulture practices with locally acceptable lawn grasses by seeding, sod, plugging, or sprigging in a manner which will result in a satisfactory stand of permanent grass.

B. Erosion control methods shall be installed in drainage swales and areas with a gradient of 5 percent or greater.

(1)The City Engineer or his or her designee prior to obtaining a building permit shall approve the method of erosion control.

C. Groundcovers used in lieu of grass in whole or in part shall be planted in such a manner to present a finished appearance and reasonably complete coverage within 1 year of planting.

D. Mulches shall be applied at a depth of 2 inches within the drip line of trees and shrubs at installation, unless said drip line is covered by lawn grass.

18.1805 Planting Requirements: Parking and Vehicular Use Areas

A. The intent of this section is to:

(1)Provide interior landscaping within vehicular parking areas;

(2)Avoid large expanses of continuous pavement or concrete; and

(3)Provide relief from the reflection of glare and heat.

B. In all districts, the following items are required for parking areas where the lot is over 10 spaces and/or 3,500 sq. ft:

c. See Article 17 for specific requirements.

(3)The primary landscaping materials shall be trees, which provide, or are capable of providing shade at maturity.

(a) Shrubs, hedges and other planting materials may be used to complement the tree landscaping, but shall not be the sole contribution to the landscaping.

(4)Effective use of earth berms and existing topography is also encouraged as a component of the landscape plan.

(a) If landscaped berms are provided along the street frontage the 15 percent interior landscaping required shall be reduced to 10 percent.

(b) The berms shall be a minimum of 3 feet in height and 10 feet wide.

18.1806 Screening Requirements

A. A plot plan drawn to scale shall indicate the following for approval by the Building Inspector:

(1)Location of the proposed fence;

(2)All property lines;

(3)All easements;

(4)All setbacks; and

(5) Buildings

B. Fence Regulations Required:

(1)A building permit shall be obtained and pay the required fee before any fence or wall is constructed. After receipt of a Building permit, the Building Inspector shall approve, with conditions, or deny the permit request.

(2)No landscape or accessory structures shall be erected, placed, planted or allowed to grow that will impede vision at a street, driveway, or sidewalk intersection as described in Article 18-507.

(3)Fences will be required when residential structures are built on lots abutting collector streets or railroad right-of-way.

(4)No fence will be constructed in such a manner or be of such design as to be hazardous or dangerous to persons or animals.

(5)No person shall erect or maintain a fence which will materially damage the adjacent property by obstructing the view, shutting out the sunlight or hindering ventilation or which fence shall adversely affect the public health, safety and welfare.

(6)Fences or walls to be used for agricultural purposes within Use Group 1 may be repaired or rebuilt to existing specifications.

(7)A fence shall be required for Commercial and Industrial Districts that adjoin residentially zoned Districts.

C. Fence Regulations Additional

(1)Trash enclosures for R-3, C-1, C-2, I-1, and I-2 Districts shall be screened from public view on at least 3 sides with:

(a) Plant material that meets screening criteria;

(b) A combination of fence and plant material.

(2)Exterior ground-mounted or building-mounted equipment, such as mechanical equipment, utilities and banks of meters shall be screened from public view with:

(a) Plant material or

(b) Architectural treatment compatible with the building architecture.

(3)All rooftop equipment shall be screened from public view with an architectural treatment, which is compatible with the building architecture.

(4)All off-street parking areas containing 10 or more parking spaces shall be effectively screened on each side that adjoins or is across the street from any residential district or institutional premises with:

(a) Evergreen hedge or other landscape screening material which when planted will constitute an immediate view-reducing barrier; or

(5)Outdoor storage areas that are permitted by the Zoning Regulations shall be screened from view by privacy fences or walls.

(a) Non opaque fencing such as chain-link may be used to satisfy the requirements of this Section if sufficient plant material is provided to effectively screen the storage area from view.

D. Fence Regulations Optional

(1)The sole use or plant material or a combination of fence and plant material may be substituted in place of a fence but meet the following conditions

(a) Plant screening materials shall consist of evergreen trees and shrubs, and berms.

(b) If a long stretch of screening is required, options may be combined or alternated, or plant material may be varied to achieve a more pleasing effect. Other creative options, such as changes in elevation, existing vegetation, or plant materials that provide a buffer are encouraged.

E. A complete listing of allowed materials as well as screening options may be obtained from the Planning Department at City Hall.

F. Dumpster enclosure and improvements

(1)Exterior refuse will be kept in an enclosed area large enough to contain a week of refuse and be contained in a refuse bin equipped with a lid.

(2)The enclosure shall be a minimum dimensions:

(a) The width of the enclosure shall be at least 12 feet wide to allow access for the truck picking up the refuse bin.

(b) The depth of the enclosure shall be the depth of the refuse bin being used plus an additional 4 feet to allow for the mechanical dumping of the refuse bin.

(c) The enclosure height shall be a minimum height of 5 feet.

(3)The floor of the enclosure shall be reinforced concrete with a minimum thickness of 4 inches with #4 woven wire grid at 24 inches each direction.

(4)There shall be a 12-foot by 12-foot concrete pad in front of the enclosure.

(a) This pad should be a minimum depth of 8 feet and have 5/8 inch re-bar every 24 inches in each direction; and

(b) Test at of 4,000 pounds per square inch.

(5)The enclosure should be shielded on 3 sides by a wall or decorative fence and positioned in such a manner to shield the refuse bins from sight of any public thoroughfare or adjoining property.

(a) When decorative fence is used the corner post should be made of steel pipe with a 4-inch minimum diameter and filled with concrete.

The number and location of the refuse bins shall be located on the site plans prior to the approval and the capacity of each refuse bin shall be noted on the plans.

18.1807 Lighting

A. All lights shall be shielded to direct light away from adjacent properties in such a manner that it provides sufficient safe illumination and avoids spill light and glare onto adjacent properties and streets.

B. Lights located on or illuminating the perimeter of a site adjacent to R-1, R-2 and R-3 Districts shall reduce intensity of light no later than 60 minutes after the close of business and the normal time for the departure of customers and employees from the premises.

C. The average maintained illumination levels for open parking facilities will not exceed 2.50 foot-candles as measured by appropriate illumination measuring standards. No single illumination source in an open parking facility shall exceed 5.00 foot-candles.

18.1808 Landscaping Timeframe

A. All landscaping material, living and nonliving shall be in place prior to issuance of Occupancy Permit.

B. A temporary certificate may be issued without the installation, provide written assurance is given that the planting will take place in suitable planting season.

18.1809 Landscape Maintenance and Enforcement

A. The trees, shrubs, and other landscape materials depicted on plans approved by the City shall be considered as elements of the project in the same manner as parking, building materials and other required elements of the plan.

B. Regulations for enforcement of the landscape requirements are as follows:

(1)When, in the opinion of the Building Inspector, or an authorized representative, landscaping has not been installed, maintained, or replaced to comply with the approved final plan or landscape plan, a written order to correct the situation shall be mailed to the alleged violator.

(2)All landscaping on public and private property shall be subject to periodic inspection by the Building Inspector to detect diseased, dead, or hazardous shrubs, trees or plants.

(3)Should landscaping not be installed, maintained and replaced as needed to comply with the approved plan, the owner and its agent or agents shall be considered in violation of the terms of the City approved landscape plan. A violation of the terms and conditions of the approved landscape plan shall be considered a violation of the City Code and a violation of the City Zoning Regulations, and may be enforced as such.

C. The Building Inspector is empowered to enforce the terms of this article.

D. The City shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the street or alley right-of-way or within public grounds, parks as may be necessary to:

(1)Ensure public safety;

(2)Preserve the symmetry and beauty of public property;

(3)Improve areas where it causes an obstruction to public travel along streets and sidewalks;

(4)Remedy areas where it may impair the vision of traffic signals; and/or

(5)Prevent landscape from creating a public hazard.

E. The City shall have the right to cause removal of any dead or diseased trees, plants and shrubs on private property within the City, when such trees, plants, and shrubs constitute a hazard to life and property or harbor insects or disease which constitute a potential threat to other trees, plants or shrubs within the City.

(1)The Public Works Department or any authorized representative will notify, in writing, the owners of such trees, plants or shrubs.

(2)Said owners at their own expense shall do removal within 30 days after date of service of notice.

(3)In the event of failure of owners to comply with such provisions, the City shall have the authority to remove such trees and charge the cost of removal on the owner’s property tax notice.

18.1810 Xeriscape Landscape Techniques

A. The City encourages the use of Xeriscape landscape practices as a means of minimizing the need for supplemental watering. The following techniques are strongly encouraged:

(1)Using plant materials with lower moisture requirements (low water use);

(2)Selecting plants on the basis of specific slope, aspect, soil, and microclimate conditions;

(3)Using native and adapted plant species;

(4)Minimizing the amount of irrigated turf area;

(5)Planting and designing slopes to minimize runoff;

(6)Separating irrigation zones according to plants’ water requirements and using drip/trickle irrigation systems to reduce evaporation;

(7)Emphasizing soil improvement by conserving topsoil, deeply loosening soil and incorporating organic matter and amendments based on soil tests; and

(8)Using mulch in planting areas to reduce weed growth, promote soil cooling and reduce evaporation.

18.1811 Landscaping of Signs

All signs shall meet the requirements as stipulated in Article 19

18.1812 Exemptions

A. Unless otherwise indicated, agricultural uses may be exempt from landscape standards of this section. The decision to exempt such uses shall be based on the following items;

(1)Will not adversely affect neighboring property owners or residents;

(2)Will not take productive land out of agricultural use; and

(3)Will not create, maintain an unsafe situation for the public.

B. Agricultural uses shall be allowed to make repairs or provide maintenance to existing fences.

18.1813 Definitions

A. Berm – An earthen mound designed to create topographic relief, provide visual interest, screen undesirable views and/or decrease noise

B. Buffer – A combination of physical space and vertical elements, such as plants, berms, fences or walls, for the purpose of separating and screening incompatible land uses from one another.

C. Deciduous Plant – A plant with foliage that is shed annually.

D. Evergreen Plant – A plant with foliage that persists and remains green throughout the year.

E. Ground Cover – Low-growing plant material, other than turf or native grasses, of good quality, appropriate form, growth habit and ultimate size for the space in which it is planted and which is maintained to provide a continuous cover over the ground.

F. Landscape material – Living material, such as trees, shrubs, ground cover, vines and turf grasses, and non-living material, such as rocks, pebbles, bark, brick pavers, berms and other items of a function and decorative nature such as fountains, pools, walls, fencing and sculpture, that are used in the exterior environment.

G. Landscaped open space – All land area within the property lines not covered by building or pavement.

H. Mulch – A protective or decorative covering of organic material, such as bark chips or inorganic material such as river rock or pea gravel, placed on the earth around plants to retard weed growth, prevent moisture evaporation and to provide a finished or decorative appearance.

I. Native Grasses – Native or naturalized perennial grasses or those designated as noxious weeds by the State of Kansas Department of Agriculture and Entomology.

J. Screen – A method of reducing the impact of noise and/or unsightly visual intrusions with more harmonious elements, such as plants, berms, fences, walls or any appropriate combination of these.

K. Shade Tree – A deciduous tree planted primarily for its high crown of foliage or overhead canopy.

L. Shrub – Any self-supporting, woody plant of a species which normally grows to an over-all height of less than 15 feet in this region.

M. Site Tree – Any tree which is not a street tree.

N. Street Tree – Any tree located within public right-of-way, within 15 feet of the right-of-way or within 15 feet of the pavement of a private street.

O. Tree – A self-supporting, woody plant of a species, which normally grows to an overall minimum height of 15 feet in this region.

Small Tree – A tree that generally reaches 30 feet or less in height at maturity.

Medium Tree – A tree that generally reaches more than 30, but less than 70 feet in height in maturity.

Large Tree – A tree that generally reaches 70 feet or more in height at maturity.

P. Xeriscape Landscape – Creative and quality landscaping that conserves water and protects the environment.