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EL PASO COUNTY
LAND DEVELOPMENT CODE

Chapter IV - Section 35.12
Landscape Requirements


GENERAL INTENT AND PURPOSE

The landscape criteria is intended to provide uniform standards for the development and maintenance of the landscaping of private property and public rights-of-way and to achieve a balance between the individual rights to development and the general benefit and welfare of the community.

Landscaping benefits to be achieved and the overall purposes are: to create a positive image and visual appeal both along the streetscape which is highly visible and internal properties which provide a working, shopping and living environment; to decrease the scale of parking lots, provide shade, and reduce heat, glare and noise; to separate circula-tion systems; to soften and reduce the mass of buildings; to screen and buffer lower intensity uses from higher intensity uses and protect resi-dential privacy; to create an overall pleasant and attractive surrounding.

A.   GENERAL PROVISIONS

    1.   The requirements of subsections B through K, excluding subsection H as noted in said subsection, shall apply in the following zone districts:

      R-3 (Residential)
      R-4 (Except D-1, and D-2, and all single family/two-family uses)
      PUD (Except all single family/two family uses)
      C-1 (Commercial)
      C-2 (Commercial)
      NBD (Neighborhood Business District)
      POC (Planned Office Complex)
      PBP (Planned Business Park)
      PBD (Planned Business District)
      PBC (Planned Business Center)
      PID (Planned Industrial District)
      M (Industrial)
      PHID (Planned Heavy Industrial District)
      R & D (Research & Development)
      HWT (Hazardous Waste Storage & Treatment Facility)
      MHP (Mobile Home Park)
      MHS (Mobile Home Subdivision)
      RVP (Recreational Vehicle Park)
      RVS (Recreational Vehicle Subdivision)

    2.   The requirements of subsections B through K shall also apply to all uses other than one/two family residential (and associated accessory uses) within the R-T (Residential-Topographic), R (Residential), R-1 (Residential), and R-2 (Residential) zoning districts.

    3.   The requirements of subsections B through K shall apply to other uses which specifically reference compliance with this Section 35.12.

    4.   The requirements of subsection H shall apply to transmission towers/utility facilities.

    5.   The requirements of subsections B through K, excluding subsections H, shall apply to any zones or uses indicated in subsection A.1. and A.2. for existing buildings where the new construction/ addition of a building's floor area exceeds 50% or more of the existing building's gross floor area of the development project on the subject lot.

B.   LANDSCAPE SETBACKS

    1.   Minimum Depth of Landscaped Setback

      a.   Along Streets 1) Adjacent to a major arterial*, expressway* or freeway* - twenty-five (25) feet. 2) Adjacent to a minor arterial* - twenty (20) feet. 3) Adjacent to any non-arterial* street - ten (10) feet.

      b.   Modified Location of Required Landscaping to Accommodate Identified Urban Interchange Locations (Including Powers Boulevard)

      Urban interchange grade separated intersections, as identified upon the adopted Powers Boulevard Corridor Maps, as amended, and other adopted maps noting an urban interchange, shall accommodate the required twenty-five (25) landscape setback beyond an area to be reserved for an urban interchange right-of-way. The geometrics of the reserved right-of-way and minimum landscaped area for the urban interchange are included within the County's "Landscape Policy and Design Manual".

    2.   Minimum Number of Trees in Landscaped Setbacks

      a.   Adjacent to a major arterial*, expressway*, or freeway* - A minimum of one (1) tree for every twenty (20) feet of frontage of the property.

      b.   Adjacent to a minor arterial* - A minimum of one (1) tree for every twenty-five (25) feet of frontage of the property.

    * Street classifications are based on the classification noted on the County's Functional Classification Map when adopted. Prior to adoption of the Functional Classification Map the Major Transportation Corridor Map shall apply.

      c.   Adjacent to any non-arterial street - A minimum of one (1) tree for every thirty (30) feet of frontage of the property.

    3.   Location of Trees in Setback - Or Location to Otherwise Satisfy Setback Requirements

    The required landscape setback trees may be clustered along a particular frontage or boundary. The trees utilized are to be from the types commonly known to grow in the Colorado Springs area, which are listed within the County's "Landscape Policy and Design Manual".

      a.   The required landscaped setback trees may be located in a landscaped setback with a depth greater than the minimum required depth; however, in any case the required trees shall be located within fifty (50) feet of the street side property line and between the street and any building (if applicable).

      b.   The required landscape setback trees may be allowed (in part or in total) in the adjacent public right-of-way if:

        1)   The El Paso County Public Works Department, State Highway De-partment or other road authority (as applicable) approves of the trees in the right-of-way;

        2)   No conflicts exist with utility easements and/or any affected provider of utilities.

        Location of the required setback trees within the right-of-way shall not negate the requirement of the applicable landscape setback area unless the required trees cannot be placed in the landscape setback due to the existing development of the site. In this instance administrative relief will be required (also subject to approval as noted in items #1 and #2 above.)

    4.   Walls and Fences in Landscape Setback Area Walls and fences which are twenty-five (25) percent or more opaque in design shall be no higher than three (3) feet above finish grade in a required landscape setback. Opaque walls and fences higher than three (3) feet (such as noise barriers) must be located inside of the landscaped setback to maintain a land-scaped appearance along the street.

    5.   Landscape Setbacks Between Zones - see "Buffers"

C.   PARKING LOT LANDSCAPE REQUIREMENTS

    1.   Required Trees

    One (1) tree of a type suitable for parking lots shall be provided for every fifteen (15) open (not in a garage) vehicular parking stalls in parking lots with fifteen (15) or more stalls or parking spaces. The required trees may be clustered but shall be located in a manner which will divide and break up expanses of paving and long rows of parking stalls and to create a canopy effect in the parking lot. The most common method to satisfy the parking lot tree requirement is through the utilization of plant islands, fingers (areas open to the parking on three sides) and corners (open to the parking on two sides). However, small parking lots can utilize the perimeter area of the parking lot to satisfy the parking lot tree location requirement when there are not more than two rows of parking stalls with a central (singular) drive aisle.

    All trees shall be protected from vehicular damage by planters or other barriers. The tree types, minimum planter sizes and utilization of perimeter tree placement shall be consistent with the County's "Landscape Policy & Design Manual".

    2.   Required Screening

    Open parking spaces/parking areas (such as gas stations, car lots, etc.) shall be screened from view from 1) adjacent streets and from 2) adjoining properties with different land uses to an eventual minimum height of three (3) feet by the use of berms and/or plantings. A minimum of two-thirds (2/3) of the affected street frontage or property boundary - not counting intersecting driveways - must have the required screen. Structures such as decorative walls or fences may be approved through an Administrative Relief request if the Director of the Development Services Department (or other Development Services Department designee) finds that:

      a.   The structures avoid a blank and monotonous appearance by such measures as architectural articulation and the planting of vines, shrubs or trees or

      b.   The total use of berms and/or plantings is not physically feasible, or

      c.   The structures attractively compliment the use of berms and/or plantings.

    The maximum spacing of plants to achieve an acceptable screen and the maximum acceptable grades for screening areas - such as sodded berms and plantings beds - shall be consistent with the County's "Landscape Policy and Design Manual".

D.   REQUIRED BUFFER AND SCREEN AREAS

    1.   Buffer Between Non-Residential and Residential Districts Separated by a Non-Arterial Street

      a.   Where Required: Such a buffer is required along the street-side property line in any non-residential project in any zone district where such a project is separated from a residential district by a non-arterial street. Non-arterial streets are those not designated as arterial streets or above (in street classification) on the County's Functional Classification Map. Public alleys are also considered non-arterial streets for the purposes of this subsection.

      b.   Design Standards: Such a buffer shall be a minimum of fifteen (15) feet in depth. The minimum number of trees in such a buffer shall be one (1) tree for every fifteen (15) feet of the frontage length of the buffer. A minimum of one-third (1/3) of the trees shall be evergreen trees; however, the clustering of evergreens may not be advisable in areas where the winter shade will cause unsafe conditions on an adjoining street. These requirements may effectively increase the depth and number of trees of the "minimum required landscaped setback" (in Section B.1.a.3. and B.2.c.).

      An opaque structure with a minimum height of six (6) feet is required along the inside edge (private property side) of the buffer when the area beyond the fifteen (15) foot landscape buffer is used for a service corridor, loading/ unloading, maneuvering or storage area. If the area is used as a front yard and/or parking area, a six (6) foot opaque structure would not be required. If utilized for parking, the parking lot screening shall also be applicable.

      This buffer area shall require a ground covering with a minimum of seventy-five (75) percent in living plant materials.

    2.   Buffer Between: (1) Adjacent Non-Residential and Residential Projects, and (2) Adjacent Multifamily Residential and Single- Family/Two-Family Residential Projects

      a.   Where Required: Such a buffer is required in the following situations:

        1)   Along the common property line in any non-residential project in any zone district where such a project is adjacent to any residential zone district.

        2)   Along the property line in any multifamily project where such a project is adjacent to a one-family or two-family zone district.

      b.   Design Standards: Such a buffer shall be a minimum of fifteen (15) feet in depth. The minimum number of trees in such a buffer shall be one (1) tree for every twenty-five (25) feet of the length of the buffer. A minimum of one- third (1/3) of the trees shall be evergreen trees.

      An opaque structure with a minimum height of six (6) feet is required along the common property line; however, in instances where the single/two-family residential property is abutting a required landscape setback area other than this required fifteen (15) foot strip, a six (6) foot opaque structure would not be required along that portion of the "other" landscape setback area. An example is found within the County's "Landscape Policy & Design Manual".

      This type of buffer is not required to consist of a minimum percentage in ground covering by living materials. However, that portion of the buffer area in a ground covering by non-living materials shall be covered with bark, wood chips, rock, stone, or other landscape material.

E.   INTERNAL LANDSCAPING

    1.   Requirements for multifamily projects in any zone district

      a.   Minimum internal landscaping area: A minimum of fifteen (15) percent of the site's net area (site's area excluding adjacent public streets).

      b.   Minimum number of trees in the internal landscaping area: A minimum of one (1) tree for every five hundred (500) square feet of the required minimum internal landscaping area.

    2.   Requirements for non-residential projects in any zone district

      a.   Minimum internal landscaping area: A minimum of five (5) percent of the site's net area (site's area excluding adjacent public streets).

      b.   Minimum number of trees in the internal landscaping area: A minimum of one (1) tree for every five hundred (500) square feet of the required minimum internal landscaping area.

      Up to one-half (1/2) of the required trees may be substituted by shrubs adjacent to retail store fronts where the view of wall signs may be obstructed. Then (10) shrubs with a minimum container size of five (5) gallons shall be provided for each tree that is replaced.

    3.   Standards for minimum internal landscaping area and minimum number of trees:

      a.   Location of the minimum area - To be credited toward the minimum internal landscaping area requirement, a landscaping area shall be located as follows:

        1)   Adjacent to those building elevations which form the major public views of the project from adjacent streets and properties and to the users of the project, or

        2)   Within a plaza or courtyard between buildings or portions of buildings, (plaza/courtyard is to have at least one side open), or

        3)   In a space provided to separate building areas from parking areas, or

        4)   In a similar location which substantially conforms to the purpose of the required internal landscaping area.

        The location of spaces credited toward the minimum internal land-scaping area requirement shall be consistent with the policies in the County's "Landscape Policy and Design Manual".

        The minimum internal landscaping area and its minimum number of trees may not consist of spaces or trees which are proposed to meet the minimum requirements of other landscape sections - such as landscaped setbacks, buffers, or parking lot trees.

      b.   Design Standards: The minimum required internal landscaping area shall consist of a minimum of fifty (50) percent ground coverage by live plant materials. This percentage provides flexibility where plants and their irrigation should be limited next to building foundations.

      The intent of the internal landscaping area is to provide relief from structures and hard surfaces in a project through the use of plantings. Therefore, sidewalks which provide basic pedestrian circulation only shall not be credited toward the minimum internal landscaping area require-ment. Paved plazas may be credited to a maximum of fifty (50) percent of required internal landscaping area if such plazas have trees which provide visual relief to those building elevations which form the major public views of the project.

      To provide for flexibility of design in the minimum internal landscaping area, the developer may select the types of and the planting spaces between the required trees. However, the trees shall be selected from the tree types that are commonly known to grow in the Colorado Springs area, listed in the County's "Landscape Policy and Design Manual". The planting spacing should allow for the growth characteristics of the trees without adversely affecting the maintenance of structures, walks, or drives.

      The minimum planting sizes of trees shall comply with the specifications provided in subsection F (1), Landscape Material Specifications.

F.   MINIMUM PLANT MATERIAL SIZES/PERCENTAGE OF LIVE MATERIAL GROUND COVER

    1.   Landscape Material Specifications

    The minimum planting/installation size and characteristics of plant materials which are required by this Article shall be as follows:

      a.   Deciduous shade trees - One and one-half (1½) inch caliper measured six (6) inches above ground, balled and burlapped.

      b.   Deciduous ornamental trees - One (1) inch caliper measured six (6) inches above ground, balled and burlapped.

      c.   Evergreen trees - six (6) feet in height above ground, balled and burlapped, except Pinon Pine and Upright Junipers which are to be a minimum four (4) feet in height above ground.

      d.   Evergreen and deciduous shrubs - One (1) or five (5) gallon size, depending on the spacing of the plants - (See the County's "Landscape Policy and Design Manual").

      e.   Ground cover and vines - Two and one-fourth (2¼) inch flat-type container, one (1) gallon, or five (5) gallon size, depending on the spacing of the plants (See County's "Landscape Policy and Design Manual").

    2.   Required Live Material Ground Cover

    Unless otherwise specified, any required landscape area - such as a "minimum landscaped setback" - shall consist of a minimum of seventy-five (75) percent in ground covering by living grass or other plant materials. The minimum planting sizes and spacings of shrubs and ground covers to meet a ground covering requirement shall be consistent with the County's "Landscape Policy and Design Manual". The foliage crown of trees shall not be used in the seventy-five (75) percent or other required percentage calculation. The remaining twenty-five (25) percent of the required landscape area may be covered with bark, wood chips, rock, stone, or other landscape materials.

G.   OTHER LANDSCAPE REQUIREMENTS

    1.   Non-Street Boundary Trees

    Adjacent to any non-street (interior) property boundary of a zone district a minimum of one (1) tree for every thirty (30) feet of non-street (interior) boundary of the property. These trees do not need to be located in a landscaped setback of a minimum size but shall be protected from vehicular damage which may necessitate the use of planters of sufficient size and design to accommodate the growth of the trees. The planter specifications shall be consistent with the County's "Landscape Policy and Design Manual".

    2.   Miscellaneous Requirements

      a.   Landscaping shall not conflict with the traffic visibility. (Typically an area 25 feet x 25 feet is an acceptable sight tri-angle to protect visibility.)

      b.   The use of artificial trees, shrubs, vines, turf, or other plants as an outside landscape material for purposes of compliance with these landscape regulations is prohibited.

      c.   The planting of any trees of the Ulmus genus (elm) for purposes of com-pliance with these landscape regulations is prohibited.

      d.   Box Elder (Acer negundo) and all trees of the Salix and Populus genus - except Aspen (Populus Tremuloides) - shall not be planted within twenty-five (25) feet of a street right-of-way.

      e  . Clumps of trees such as Aspen, (Populus Tremuloides), where used, are encouraged instead of single-trunk trees. However, such a clump shall be credited as only one of the required trees.

      f.   Landscaping shall not interfere with the general function, safety or acceptability of any gas, electric, water, sewer, telephone, or other utility easement or conflict with criteria established or adopted by a fire department. Landscaping shall be limited in the proximity of a fire hydrant in accordance with applicable fire district criteria. In no instance shall landscaping exceed eight (8) inches in height within three (3) feet of a fire hydrant.

      g.   Refuse collection areas, including trash bins, shall be screened from view from adjacent properties and streets by the use of a wall or fence of an opaque design or other architectural elements, dense evergreen plantings with a minimum planting height of four (4) feet, or berms with dense plantings creating an opaque appearance with a minimum height of four (4) feet.

      h.   Loading docks, vehicle repair bays, and vehicle fueling areas shall be screened from view from adjacent streets by the use of plantings, berms, walls, fences, or other architectural elements.

      i.   The existing indigenous vegetation on a site is encouraged to be retained in a development project and may be credited toward required landscaping in this section.

      j.   Where a calculation of a requirement results in a fractional number the applicable requirement shall be the closest whole number (5.0 to 5.49 = 5; 5.5 to 5.9 = 6).

      k.   The location and spacing of trees and plant materials should allow for the growth characteristics of said items without adversely affecting the maintenance of structures, walks, drives or vehicular and pedestrian traffic.

      l.   Where two different landscape requirements apply (for example, a buffer and a landscaped setback), the greater requirements shall be met.

      m.   Landscaping necessary to fulfill one requirement (i.e. setback tree) cannot be counted twice to fulfill a different landscape requirement (i.e. internal landscaping tree).

      n.   Landscaping is required between the property line and the curb line. This area is to contain landscaping similar to the ground plane treatment of the required landscape setback area.

      o.   Landscaping in the right-of-way shall be approved by the El Paso County Public Works Department State Highway Department, or other road authority as applicable.

H.   TRANSMISSION TOWER, WATER STORAGE TANK, UTILITY FACILITIES

Site-specific landscape plan required with applicable application for processing by Development Services Department subject to:

    1.   In rural and remote areas landscaping, screening and erosion control measures shall be tailored to the nature and character of the area and the type of facility/ structure contemplated. At the time of submission of a request, a site specific plan consisting of a preliminary landscape plan pursuant to subsection J. (or in lieu, a detailed narrative outlining methods of landscaping including types of plant materials) for landscaping shall be developed which, at a minimum, shall consist of revegetation of any and all disturbed areas with materials indigenous to the site or otherwise adaptable. The site specific plan and implementation shall also incorporate features to prevent erosion.

    2.   In urbanized and developed areas, a site specific landscape plan shall be required which is to address specific issues as screening and visual impacts. At the time of submission of a request the applicant shall submit a final landscape plan, pursuant to sub-section I, and shall also address vertical screening and/or visual impact mitigation. Incorporated into said plan shall be measures for erosion control.

    The other provisions of the landscape regulations contained within this Section 35.12 may also apply depending upon specific location of the tower/utility facility.

I.   LANDSCAPE PLANS

    1.   Preliminary Landscape Plan

    A preliminary landscape plan shall be required for all land use applications that require the submission of a development plan.

    The preliminary landscaping plan may be incorporated within the development plan or can be a separate element.

    The following information shall be included in a preliminary landscape plan:

      a.   North arrow.

      b.   Indication of scale (for example, 1" = 20' or a bar scale).

      c.   Existing and proposed contours adequate to identify and properly specify landscaping for areas needing slope protection, as well as adequate to depict any screening of parking areas. Such information may be on a sheet separate from the planting plan.

      d.   Location of existing and proposed structures, utilities and easements on the property; location of vehicular circulation/ parking (can be conceptual); a description of all required structures for screening purposes.

      e.   The general location, type and size of major existing plant materials with information as to which existing plant materials are to be removed and which are to be retained or relocated.

      f.   The general location, and general type of proposed plant and other landscape materials. This information shall be sufficient to ensure that the various landscape requirements can be met on the final landscape plan.

    2.   Final Landscape Plan

    A final landscape plan shall be submitted and approved prior to authorization for issuance of a building permit pursuant to subsection A.

    The following information shall be included in a final landscape plan:

      a.   North arrow.

      b.   Indication of scale (for example, 1" = 20' or a bar scale).

      c.   Existing and proposed contours (for example, 2' interval) adequate to identify and properly specify landscaping for areas needing slope protection, as well as adequate to depict any screening of parking areas. Such information may be on a sheet separate from the planting plan.

      d.   Project data information including the total square footage of the property, the square footage of the building areas, parking and other vehicular use areas, and landscape areas (including required sub-areas such as internal landscaping areas); the total number of open vehicular parking stalls; and the total number of proposed dwelling units in a residential development project.

      e.   The existing/proposed zoning of the subject property and the existing zoning on surrounding properties.

      f.   The location of all structures, utilities, light standards, retaining walls, fences, exterior parking and loading areas, pedestrian walks or paths, pedestrian-oriented areas, vehicular drives, storm water detention areas, and other manmade elements. Detail drawings of all required structures for screening purposes.

      g.   Delineation of the corner visibility sight triangle areas (twenty-five (25) feet by twenty-five (25) feet).

      h.   The location, type and size of major existing plant materials, including all trees, with information as to which such ma-terials shall be removed and which shall be retained or relocated.

      i.   The location, type, size, quantity and planting spacing (where applicable) of proposed plant and other landscape materials. Such information shall be summarized in a legend, in a similar manner as the example shown below:

Symbol

#

   Botanical Name

Common Name

Planting Size & Container

Comments

HL

6

Gleditsia tri acanthos inermis "Sunburst" Sunburst Honey locust 2-2 1/2" caliper; balled and burlapped Guy and stake
PP

7

Picea pungens Blue Spruce 6-8' height; balled and burlapped Guy and stake
BT

10

Berberis thunbergi Atropurpurea Red Leaf Barberry 3 1/2' width;
5 gallon container
     
AR

500

Ajaga reptans "Bergundy" Burgundy Ajuga 2 1/2" pot 12" o.c.
   

2000 sq.ft.

Blend of Adelphi, Baron, and Sydspoirt varieties Kentucky Bluegrass       Sod
   

300
sq. ft.

        

River Rock 1 1/2 - 2" in size, 4" in depth Placed over geo textile fabric

NOTE The botanical name and common name of plants may be replaced by the specifi-ca-tion that the tree is one on an acceptable list in the "Land-scape Policy and Design Manual" (for example, "parking lot tree from list of ac-ceptable trees in Landscape Policy and Design Manual").

      j.   The planting size of all deciduous trees shown on the plan shall be indicated in minimum inches of caliper, measured six (6) inches above ground. The planting size of all evergreen trees shall be indicated in minimum feet of height above ground. The planting size for shrubs shall be indicated in the minimum container size in inches or gallons, as appro-priate.

      k.   All plant materials shall be shown on the plan at approximately the mature size of the materials.

      l.   All proposed lawn areas and ground cover areas shall be identified, including the types and amounts of living plant materials to be used and the size and depth of non-living materials. The manner in which any lawn areas are to be established (for example, by sodding or seeding) shall be indicated. The landscape treatment of all adjacent right-of-way areas - as well as the owner/ developer's property - shall be identified.

      m.   Statement of the type of equipment and methods to be used to irrigate or otherwise provide water to the required landscape areas.

      n.   Phasing, if applicable, shall be noted on the landscape plan or provided as supplemental information. All future development phases within a site shall have all disturbed soil surfaces reseeded to prevent erosion.

J.   ENFORCEMENT/MAINTENANCE

    1.   Enforcement/Assurances for Installation and Completion

    Prior to the issuance of a Certificate of Occupancy (CO) for any structure where landscaping is required, except when a temporary CO is obtained by providing acceptable assurance to the County guaranteeing the completion of such land-scaping, all work as indicated on the landscaping plan shall be inspected and approved by the Development Services Department Zoning Inspector.

    At the time of inspection, the Development Services Department Zoning Inspector shall check the quantities and locations of landscape materials. At the time of such inspection, the completed landscaping shall comply with the approved landscape plan and shall include the quantities, locations, species and sizes of plants and other landscape materials as represented on the approved landscape plan. In the event that an inspection is not conducted by the Development Services Department Zoning Inspector prior to the issuance of a temporary CO because acceptable assurance has been provided to the County guaranteeing the completion of such landscaping, such inspection shall be done by the Development Services Department Zoning Inspector subsequent to the installation of such landscaping but prior to the release or expiration of the acceptable assurance.

    A landowner may obtain a temporary Certificate of Occupancy for a structure prior to the completion of required landscaping work if the completion is not possible due to seasonal or weather conditions and if the landowner submits the necessary cost estimate prepared by a qualified party and assurances to the County for the completion of the landscaping - such as an irrevocable Letter of Credit, certified check, Certificate of Deposit, or other acceptable assurance - equal to the cost of the landscaping work . The cost estimate shall be accompanied by a written assurance (Landscape Completion Agreement) that such landscaping will be completed to the satisfaction of the County Development Services Department within a specified period of time not to exceed nine (9) months from the date of occupancy.

    2.   Maintenance

      a.   The landowner is responsible for the maintenance of the landscaping plan as originally approved by the Development Services Department or as subsequently amended.

      b.   The landowner is responsible for all regular and normal maintenance of landscaping including weeding, irrigation, fertilizing, pruning and mowing.

      c.   Replacement of dead, diseased or substantially damaged plant materials shall be of the same or similar type as set forth in the landscape plan approved by the Development Services Department. Replacement shall occur in the next planting season but, in any event, such replacement shall be made in a time period not exceeding one (1) year.

      d.   Seeded landscape areas shall have no bare areas larger than six (6) square inches after germination.

K.   ADMINISTRATIVE RELIEF

The purpose of this subsection is to provide for flexibility in the application of regulations by utilizing a simplified administrative procedure when a standard is unduly restrictive or inappropriate to a specific use or design proposal. Administrative relief may be applied to any of the landscape criteria outlined within this subsection.

    1.   Application

    A written request for Administrative Relief shall be submitted in conjunction with a development proposal such as a plot plan or a building permit site plan. The written request shall include a justification in terms of the findings necessary to grant Administrative Relief. The written request shall close with a section for the Development Services Department 's use to include a block for the decision of approval/denial, notation of additional conditions/requirements, the Development Services Department's representative's signature, and decision date. The written request with decision shall be attached to the plan or retained in the appropriate file, as applicable.

    2.   Findings Necessary to Grant Administrative Relief

    The Development Services Department's representative must make all of the following findings in order to grant Administrative Relief:

      a.   The strict application of the regulation in question is unreasonable given the development proposal or the measures proposed by the applicant or that the property has extraordinary or exceptional physical conditions that do not generally exist.

      b.   The intent of this section and the specific regulation in question is preserved.

      c.   The granting of the Administrative Relief will not result in an adverse impact on surrounding properties.

    3.   Appeal of Administrative Relief Decision

    Appeal from a determination by the Development Services Department for Administrative Relief shall be to the Board of Adjustment as provided for by law.

These landscaping regulations were initially adopted on May 26, 1988.

L.   Outside Storage Area Landscape Requirements

    1.   A site-specific landscape/plot plan as specified in Sections 35.12 I.2. and 37 B.1. shall be approved by the Development Services Department in conjunction with outside storage areas. The landscape/plot plan shall reflect:

      a.   Any combination of berming, shrubs, trees, fencing or walls which will provide (at maturity for plant materials) a minimum six (6) foot height and one hundred percent (100%) opaque screening effect for the area utilized for outside storage.

      b.   Identification and location of all material and equipment on site. No inoperable vehicles or equipment shall be stored.

    2.   Landscaping in accordance with the approved landscape plan shall be installed prior to any outside storage occurring on the site.

    3.   All outside storage areas shall also comply with Section 35.5, 18. 1., Additional Development Requirements.

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    Customer Services/ Planning Division Manager
    Mike Hrebenar

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    Paul Danley

    Long Range Planning Division Manager
      Carl Schueler

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