§ 47-21.12. Landscape requirements for vehicular use areas.

A.

In order to improve the appearance of VUA's and to protect and preserve the appearance, character and value of the surrounding neighborhoods, promote better air quality and thereby promote the general welfare by providing for installation and maintenance of landscaping, screening and aesthetic qualities, the following minimum VUA landscape requirements are established. This section is not applicable to underground or building enclosed VUA's. A landscape permit shall be issued before or in conjunction with a paving or resurfacing permit, but shall not include the application of a liquid coating for the purpose of preserving the existing pavement.

1.

Vehicular use areas. On the site of a building or structure or on an open lot providing a VUA, landscaping shall be provided in a square footage area equal to a minimum of twenty percent (20%) of the gross VUA. This square footage shall abut and extend no further than ten (10) feet away from a VUA. The landscape area required from a VUA shall consist of perimeter, peninsular and interior landscape areas as follows.

2.

Perimeter landscape area.

a.

Along the perimeter of a parcel of land which abuts a street, exclusive of vehicular access points, a perimeter landscape area shall be provided. The depth of the perimeter landscape area shall be a minimum of five (5) feet, a maximum of twenty-eight (28) feet, and an average of ten (10) feet. The ten (10) feet of perimeter landscape area closest to the VUA may be counted as part of the twenty percent (20%) minimum VUA landscape requirement.

b.

Along the perimeter of a parcel of land which does not abut a street the minimum depth of the landscape area shall be two and one-half (2½) feet. Parcels of land with less than one hundred-foot front width may provide a perimeter masonry wall at least thirty (30) inches in height between the VUA and the abutting property in lieu of the perimeter landscape area.

c.

When a perimeter landscape area is required pursuant to other provisions of this Code or as a condition of plat, site plan or other development approval, the greatest depth required shall prevail.

3.

Interior landscape area. At least thirty (30) square feet of interior landscape area shall be provided for every interior parking and loading space and shall not be part of any perimeter landscape area.

4.

Peninsular and island landscape areas.

a.

Peninsular and island areas shall be located at the end of a row of more than two (2) consecutive parking spaces where the row terminates at an aisle or driveway and either:

i.

Intermittently at least every ten (10) parking spaces in a row; or

ii.

Intermittently at no more than a maximum of every twenty (20) parking spaces in a row when a minimum width of eight (8) feet plus one (1) foot for every extra parking space over ten (10) is added to one or both of the adjacent islands in the row.

b.

When a row of parking spaces is located in a manner where motor vehicles back out directly onto a public right-of-way or alley, as allowed by Section 47-20, Parking and Loading Requirements, backout parking spaces for residential uses and motels and hotels shall have one (1) peninsular landscape area for every two (2) spaces. For all other uses there shall be one (1) peninsular landscape area for every four (4) spaces.

c.

Peninsular and island areas shall be a minimum of three-quarters (¾) the length of the adjacent parking space by a minimum of eight (8) feet in width.

d.

All peninsular and island landscape areas shall be planted with at least one (1) tree.

e.

Peninsular and island landscape areas placed intermittently every ten (10) parking spaces are not necessary when the landscape area adjacent to the front of the parking spaces is fifteen (15) feet or more in depth.

5.

Storage and loading areas. When portions of a VUA are utilized for storage, loading dock, tractor/trailer truck maneuvering, or aircraft maneuvering, and when it is shown that relocation of required landscaping does not defeat the purpose of the VUA landscape and parking requirements, the department may permit the relocation of peninsular and island landscape areas and other interior landscape areas to a location in public view adjacent to the internal buildings. When there are no buildings, the relocated landscape area shall be added to the minimum depth of the perimeter landscape area.

B.

VUA criteria.

1.

VUAs shall be visually separated from streets, waterways and abutting properties. A continuous visual barrier a minimum of thirty (30) inches in height is required. Visual barriers may consist of any of the following or combination thereof: a masonry wall, mounding, berm, and groupings of shrub plants.

2.

When a cross-easement agreement to operate abutting properties as essentially one (1) contiguous VUA is in force, the screening requirements between the two (2) properties shall be waived until the agreement is terminated. However, other minimum perimeter and interior landscape requirements of all parcels of land involved shall be provided.

3.

Utilities and site amenities such as walkways, flagpoles, transformers, fire hydrants, sewer and water supply lines, trash enclosures, and similar items located on the site shall not be placed in or under required tree planting areas. Lighting fixtures with an overall height of more than ten (10) feet shall be located a minimum of fifteen (15) feet away from shade trees.

4.

All landscape areas shall be protected from vehicle encroachment, including the nose of peninsular and island landscape areas.

5.

Vehicle overhangs do not count toward minimum landscape area requirements.

6.

Every effort shall be made to design around existing, large desirable trees. Parking spaces which are lost because of saved trees and supporting root system pervious area may be counted as spaces installed by the director, up to ten percent (10%) of the required parking count.

7.

Parts or all of the requirements of this section may be waived by the department if the VUA is only periodically or intermittently used for vehicular parking such as parking lots at houses of worship or recreational facilities.

C.

VUA planting requirements.

1.

One (1) tree and six (6) shrubs shall be required for every one thousand (1,000) square feet, or fraction thereof, of VUA.

a.

The first twenty-five percent (25%), or fraction thereof, of the required trees shall be shade species with a three and one-half (3 ½) inch minimum trunk caliper, and shall be evenly distributed between interior and perimeter landscape areas.

b.

Twenty-five percent (25%) of the required trees shall be shade species with a two and one-half (2 ½) inch minimum trunk caliper.

c.

Twenty percent (20%) of the required trees shall be conspicuously flowering species.

d.

Twenty percent (20%) of the required trees shall be palm species.

e.

Ten percent (10%) of the required trees shall be optional species.

2.

The types of trees and the percentage requirements provided in this subsection C may be varied by the department if it is found that installation of a different type of tree would create a more compatible image with trees located on adjacent sites.

3.

Where a business uses a VUA as display area, the first twenty-five percent (25%) of the width of the VUA along the major street may be considered as display area. Shade trees are not required to be placed in this first twenty-five percent (25%), but if not planted in the first twenty-five percent (25%) these trees shall be redistributed to the other seventy-five percent (75%) of the site.

D.

Failure to install. It shall be unlawful to occupy or use, or cause to be occupied or used, any VUA unless the required landscaping has been installed and approval has been obtained for the use of such VUA. Approval for use of a VUA shall be by certificate of occupancy or use approval by the director. When a VUA is used without first having obtained approval, the director shall notify the owner or occupier of the land, in writing, to stop the use. If this notice is not complied with by the owner or occupier of the land, the VUA shall be barricaded and remain unoccupied and barricaded until the required landscaping is installed and use approval issued.

E.

Exceptions. The board of adjustment may approve VUA's which do not comply with the provisions of this section for a specified length of time, not to exceed one (1) year, when the board finds that such approval is necessary to relieve hardship and would not violate the intent and purpose of these regulations. Prior to the expiration of the approved time period, the board may approve an extension of the time not to exceed one (1) year.

F.

Existing vehicular use areas. Existing VUA's shall be considered as new and brought into conformity with the minimum requirements of this section upon the occurrence of any one (1) of the following conditions:

1.

When a vehicular use area is expanded or enlarged by a cross easement agreement or by additional paving resulting in an increase of twenty-five percent (25%) or more of the existing vehicular use area square footage.

2.

When there is an addition which increases the total ground floor area of all existing buildings on the property more than twenty-five percent (25%).

3.

When a building or use has lost its nonconforming status in accordance with Section 47-3, Nonconforming Uses, Structures and Lots.

4.

When there has been a denial of a change of use, pursuant to Section 47-3.5 and the change of use will result in a use, structure or both being required to meet the ULDR requirements.

G.

Retroactive VUA landscaping.

1.

Any owner of a parcel of land upon which there is located a vehicular use area which existed prior to July 7, 1977 shall meet at least fifty percent (50%) of the requirements of new vehicular use areas. If a vehicular use area cannot be redesigned and the owner is unable to meet this fifty percent (50%) requirement without reducing the number of required parking spaces or reducing the number of parking spaces provided for use of the parcel which would be required if based on the minimum off-street parking requirements for such use in effect on March 6, 1990, the owner shall comply to the maximum extent possible without reducing the number of required parking spaces.

2.

The department shall be authorized to inspect each VUA and provide, as necessary, written notification to the owner, tenant or agent, if any, of the terms and provisions of these regulations. The owner shall submit a landscape plan to the department and obtain any required permits within thirty (30) days from receipt of notification. Installation shall be completed within ninety (90) days from receipt of the initial notification.

(Ord. No. C-97-19, § 1(47-21.9), 6-18-97; Ord. No. C-99-15, § 6, 3-16-99 Ord. No. C-15-09, § 12, 2-17-15 )

Note— Formerly § 47-21.9.