Chapter 14.76
SCREENING AND TREES
Sections:
Part I. Screening
14.76.010 Council Findings Concerning the Need for Screening Requirements
14.76.020 General Screening Standard
14.76.030 Compliance With Screening Standard
14.76.040 Definition of Screens
14.76.050 Table of Screening Requirements
14.76.090 Additional Screening Requirements
Part II. Shading
14.76.100 Council Findings and Declaration of Policy on Shade Trees
14.76.110 Required Trees Along Dedicated Streets
14.76.120 Retention and Protection of Large Trees
14.76.124 Shade Trees on Residential Lots
14.76.130 Shade Trees in Parking Areas
Part I. Screening
14.76.010 Council Findings Concerning the Need for Screening Requirements.
The Council finds that:
(1) Screening between two lots lessens the transmission from one lot to another of noise, dust, and glare.
(2) Screening can lessen the visual pollution that may otherwise occur within an urbanized area. Even minimal screening can provide an impression of separation of spaces, and more extensive screening can shield entirely one use from the visual assault of an adjacent use.
(3) Screening can establish a greater sense of privacy from visual or physical intrusion, the degree of privacy varying with the intensity of the screening.
(4) The provisions of this part are necessary to safeguard the public health, safety and welfare. (Ord. 468, 1995)
14.76.020 General Screening Standard.
Every development which abuts a different zone district shall provide sufficient screening so that:
(1) Neighboring properties are shielded from any adverse external effects of that development;
(2) The development is shielded from the negative impacts of adjacent uses in unlike zones. (Ord. 676, Sec. 61, 2003; Ord. 468, 1995)
14.76.030 Compliance With Screening Standard.
(a) The type of screening required is based on the adjacent zoning designations. Table 14.76-I contains the list of zone districts
(b) Required screening shall be installed at the time of new development, change of use, or increase in building area or site use of an existing use.
(c) No screening is required along public streets in places where the zone district boundary is located along such streets. (Ord. 811, Sec. 92, 2010; Ord. 676, Sec. 62, 2003; Ord. 468, 1995)
14.76.040 Definition of Screens.
(a) Below are the definitions for the three types of screens. In general, the screens may be composed of a wall, fence, landscaped earth berm, planted vegetation, or existing vegetation. The use of vegetative screens will be judged on the basis of the average mature height and density of foliage of the particular species. The areas in which of intermittent visual obstruction is required may contain deciduous plants.
(1) Opaque screen with buffer, Type A. A screen that is opaque from the ground to a height of at least six feet, with intermittent visual obstructions from the opaque portion to a height of at least 20 feet. An opaque screen is intended to exclude all visual contact between uses and to create a strong impression of spatial separation. The opaque portion of the screen must be opaque in all seasons of the year. At maturity, the portion of intermittent visual obstructions should not contain any completely unobstructed openings more than 10 feet wide. In addition, a Type A screen includes a minimum ten-foot-wide landscaped planting strip parallel and adjacent to the property line where the screening is required.
(2) Semi-opaque screen with buffer, Type B. A screen that is opaque from the ground to a height of three feet, with intermittent visual obstruction from above the opaque portion to a height of at least 20 feet. The semi-opaque screen is intended to partially block visual contact between uses and to create a strong impression of the separation of spaces. At maturity, the portion of intermittent visual obstructions should not contain any completely unobstructed openings more than 10 feet wide. In addition, a Type B screen includes a minimum five-foot-wide landscaped planting strip parallel and adjacent to the property line where the screening is required.
(3) Broken screen, Type C. A screen composed of intermittent visual obstructions from the ground to a height of at least 20 feet. The broken screen is intended to create the impression of a separation of spaces without necessarily eliminating visual contact between the spaces. (Ord. 676, Sec. 63, 2003; Ord. 639, Sec. 4, 2001; Ord. 590, 1998; Ord. 468, 1995)
14.76.050 Table of Screening Requirements.
See Table 14.76-I. (Ord. 811, Sec. 92, 2010; Ord. 468, 1995)
14.76.060 Flexibility in Administration Required.
(Deleted by Ord. 676, Sec. 64, 2003)
14.76.070 Combination Uses.
(Deleted by Ord. 676, Sec. 65, 2003)
14.76.080 Subdivisions.
(Deleted by Ord. 676, Sec. 66, 2003)
14.76.090 Additional Screening Requirements.
(a) Due to the potential for adverse impacts between the following noncompatible uses, a 30-foot-wide landscaped screen shall be maintained between State Route 204, State Route 92 and/or State Route 9 and all residential and industrial uses.
(b) Due to the potential for adverse impacts, Light Industrial and General Industrial zoned properties directly abutting the Centennial Trail shall provide a Type A screen, pursuant to Section 14.76.040(a)(1) in areas abutting the Centennial Trail.
(c) The screen shall have a height of at least 30 feet at maturity. It is intended to exclude all visual and noise contact between uses in all seasons of the year. The use of existing significant trees which are not prone to windthrow within the screen is strongly encouraged.
(d) The Planning Director may approve reduced buffer widths to prevent denial of all reasonable use of property. (Ord. 908, Sec. 9, 2014; Ord. 903, Sec. 48, 2013; Ord. 811, Sec. 68, 2010; Ord. 639, Sec. 4, 2001; Ord. 511, Sec. 17, 1996)
|
Zone in Which Development Occurs |
R4, WR, R6, R8-12 |
MFR |
PRD |
CBD, MU, LB |
PBD |
LI |
GI |
P/SP |
|---|---|---|---|---|---|---|---|---|
|
Zone of Adjacent Property |
||||||||
|
R4,WR, R6, R8-12 |
|
B |
B |
B |
A |
A |
A |
B |
|
MFR |
- |
|
- |
B |
A |
A |
A |
B |
|
PRD |
- |
- |
|
- |
A |
A |
A |
B |
|
CBD, MU, LB |
B |
- |
B |
|
- |
A |
A |
- |
|
PBD |
C |
B |
B |
- |
|
A |
A |
- |
|
LI |
C |
C |
C |
- |
- |
|
B |
- |
|
GI |
A |
A |
A |
A |
A |
B |
|
A |
|
P/SP |
B |
B |
C |
- |
- |
A |
A |
|
(Ord. 1179, Sec. 21, 2024; Ord. 1080, Sec. 9, 2020; Ord. 908, Sec. 9, 2014; Ord. 811, Secs. 68, 92, 2010; Ord. 676, Sec. 68, 2003; Ord. 666, Sec. 12, 2002; Ord. 468, 1995)
Part II. Shading
14.76.100 Council Findings and Declaration of Policy on Shade Trees.
(a) The Council finds that:
(1) Trees are proven producers of oxygen, a necessary element for human survival;
(2) Trees appreciably reduce the ever increasing environmentally dangerous carbon dioxide content of the air and play a vital role in purifying the air we breathe;
(3) Trees transpire considerable amounts of water each day and thereby purify the air much like the air-washer devices used on commercial air conditioning systems;
(4) Trees have an important role in neutralizing waste water passing through the ground from the surface to ground water tables and lower aquifers;
(5) Trees, through their root systems, stabilize the ground water tables and play an important and effective part in soil conservation, erosion control, and flood control;
(6) Trees are an invaluable physical, aesthetic, and psychological counterpoint to the urban setting, making urban life more comfortable by providing shade and cooling the air and land, reducing noise levels and glare, and breaking the monotony of human developments on the land, particularly parking areas; and
(7) For the reasons indicated in subsection (a)(6) of this section, trees have an important impact on the desirability of land and therefore on property values.
(b) Based upon these findings, the Council declares that it is not only desirable but essential to the health, safety, and welfare of all persons living or working within the City to protect certain existing trees and to require the planting of new trees in certain types of developments. (Ord. 639, Sec. 4, 2001; Ord. 468, 1995)
14.76.110 Required Trees Along Dedicated Streets.
Along both sides of all newly created, widened, or improved streets, the developer shall either plant or retain within the landscape strip every 30 feet of street frontage one deciduous tree of two inches dbh at the time of planting, with a canopy that starts at least eight feet above finished grade and will have a trunk at least 12 inches in diameter when fully mature. Root deflectors shall be provided for all street trees. When trees are planted by the developer pursuant to this section, the developer shall choose trees that meet the standards set forth in the administrative guideline entitled “Guide for Landscaping.” Paving or covering the landscape strip with impervious material or to park motor vehicles on the landscape strip is prohibited. (Ord. 639, Sec. 4, 2001; Ord. 468, 1995)
14.76.120 Retention and Protection of Large Trees.
(a) Every development shall retain all existing significant trees and significant stands of trees unless the retention of such trees would unreasonably burden the development or in the opinion of the Planning Director cause a significant safety problem. The applicant for a land use permit or preliminary subdivision approval shall, with the application, submit an assessment prepared by a certified arborist, which makes recommendations for protection of trees consistent with this chapter.
(b) The retention of significant trees and significant stands of trees unreasonably burdens a development if the desired location of improvements on a lot or the proposed activities on a lot would have to be substantially altered and such alteration would work an unreasonable hardship upon the developer.
(c) Where significant trees and significant stands of trees are removed because their retention would unreasonably burden a development, a tree survey shall be provided, showing size, type, and location of all significant trees and stands of trees. Prior to removal, the developer shall coordinate with the City which trees are to be protected.
(d) Any unprotected significant trees removed shall be replaced with one-gallon-sized native species at a ratio of 3:1. During plat and home construction the developer shall provide adequate protection of retained and replacement trees from damage.
(e) If it is physically impractical to replant all replacement trees on site, then the applicant shall mitigate the loss of trees by either planting trees on public property within the City as approved by the planning director, and/or paying a mitigation fee into the City’s tree mitigation in-lieu fund. This fee shall be set forth in the City’s fee resolution, and equal the cost of purchasing and planting the trees.
(f) Prior to any clearing activities, the city shall map and inventory all trees identified for protection. If any of the protected trees are removed or damaged to the extent that their ability to survive is seriously threatened, without the City’s prior written consent, the loss shall be remedied pursuant to Section 14.28.040(c).
(g) Replacement trees approved to be installed on public property shall be planted prior to recordation of a final plat, or issuance of a building permit, whichever comes first.
(h) Replacement trees approved to be installed on residential lots shall be planted prior to issuance of a certificate of occupancy for that lot.
(i) If space that would otherwise be devoted to parking cannot be so used because of the requirements of subsection (a) or (b) of this section, and, as a result, the parking requirements set forth in Chapter 14.72 cannot be satisfied, the number of required spaces may be reduced by the number of spaces lost because of the provisions of subsections (a) and (b) of this section, up to a maximum of 15 percent of the required spaces.
(j) Whenever construction, clearing or grading activities occur on a site in which trees are required to be protected pursuant to this title, the following measures shall be taken to ensure said protection:
(1) Prior to commencing any site work, the applicant shall submit a plan to the Department of Planning and Community Development which identifies types and locations of barriers that will be placed around protected trees to aid in the avoidance of accidental damage to the trees. No site work will commence prior to the City inspecting and approving the location and installation of the barriers.
(2) No fill, excavation or other subsurface disturbance, operating, stacking or storing of equipment or compacting of earth may be undertaken within the drip line of any of the protected trees, and no impervious surface may be located within 12 1/2 feet (measured from the center of the trunk) of any tree 18 inches in diameter or more. A drip line is defined as a perimeter formed by the points farthest away from the trunk of a tree where precipitation falling from the branches of that tree lands on the ground.
(3) Where vehicular/equipment access is required within the drip line of a tree, the soil, and incidentally the tree’s roots, shall be protected with 10 inches of woodchips and/or plywood placed over the path of the vehicle to limit soil compaction and subsequent root damage. Before any vehicles may travel through the protected area, the developer shall submit an affidavit from a certified arborist that measures installed are sufficient to protect the tree(s) in question.
(4) Stumps of trees to be removed within one-half of the radius of the critical root zone (CRZ), which is defined as CRZ equals one foot radius for every one inch of the tree’s diameter, shall not be excavated but may be ground down to below the ground surface.
(5) Unwanted vegetation within the CRZ of a protected tree shall be removed by hand.
(6) Backfilling into a CRZ of a protected tree shall be done only with the written approval of a certified arborist. Only well drained soil with sufficient air space (sandy soils) are permitted.
(7) Upon completion of site clearing, protected trees may be pruned for deadwood, low hanging limbs and proper balance under the supervision of a certified arborist. Trees may be cabled and braced as recommended by the arborist. (Ord. 903, Sec. 49, 2013; Ord. 666, Sec. 13, 2002; Ord. 639, Sec. 4, 2001; Ord. 596, 1999; Ord. 468, 1995)
14.76.124 Shade Trees on Residential Lots.
(a) Each residential lot shall maintain a minimum number of trees on site. This section shall be enforced at the time that any land use or building permit is issued. If fewer than the required trees exist on a lot for which a land use or building permit is applied, the granting of the permit shall be conditioned on the planting of trees to meet the requirements of this section.
(b) The minimum number of required trees depends on the zoning district in which the site falls, as follows:
R4, WR - three trees/lot
R6, R8-12 - two trees/lot
(c) If street trees are present, or are required to be installed with a development, they may count toward one of the trees required by subsection (b) of this section.
(d) On lake front properties only, one of the required trees may be substituted by installing and maintaining natural aquatic vegetation along the water’s edge. The minimum area of the vegetation shall be 20 square feet.
(e) Nonstreet trees required per this section shall be a native species, have a minimum two-inch diameter at breast height (dbh), and attain a minimum height of 25 feet at maturity.
(f) At least one of the required trees shall be planted near the rear property line of the lot. The intent of this regulation is to create rows of trees behind and between rows of houses, thus affording privacy and creating a forested view of the community when seen from ground level. (Ord. 1179, Sec. 21, 2024; Ord. 811, Sec. 69, 2010; Ord. 639, Sec. 4, 2001; Ord. 596, 1999)
14.76.130 Shade Trees in Parking Areas.
(a) Paved vehicle accommodation areas must be shaded by deciduous trees that will have when fully mature a trunk at least 12 inches in diameter. The developer shall choose trees that meet the standards set forth in the administrative guideline entitled “Guide for Landscaping.”
(b) Each tree of the type described in subsection (a) of this section shall be presumed to shade a circular area having a radius of 15 feet with the trunk of the tree as the center, and there must be sufficient trees so that, using this standard, 20 percent of the vehicle accommodation area will be shaded.
(c) Except as noted in subsection (d) of this section, no paving may be placed within 12 1/2 feet (measured from the center of the trunk) of any tree retained to comply with subsection (a) of this section.
(d) Pervious paving (grasscrete, metal grating, etc.) may be used within 12 1/2 feet of a tree if (1) the parking lot is designed so that no significant run-off from the paved areas drains into the area around the base of the tree(s) and (2) barriers are placed in such a manner as to prevent vehicles from damaging such trees.
(e) Vehicle accommodation areas shall be laid out and detailed to prevent vehicles from striking trees. Vehicles will be presumed to have a body overhang of three feet, six inches. (Ord. 639, Sec. 4, 2001; Ord. 590, 1998; Ord. 468, 1995)