ARTICLE XI
VERSAILLES/MIDWAY/WOODFORD
COUNTY
LANDSCAPE AND LAND USE BUFFERS
ORDINANCE
(Date)
TABLE
OF CONTENTS
1100 INTENT................................................................................................................................ 4
1101 SITES
AFFECTED................................................................................................................ 4
1101.1 NEW DEVELOPMENT............................................................................................. 4
1101.2 CHANGE TO EXISTING
DEVELOPMENT............................................................... 4
1101.3 CHANGE OF ZONE.................................................................................................. 4
1101.4 CHANCE OF USE..................................................................................................... 4
1102 AUTHORITY........................................................................................................................... 4
1103 JURISDICTION........................................................................................................................ 5
1104 CONFLICTING REGULATIONS.............................................................................................. 5
1105 WHERE LANDSCAPE MATERIALS REQUIRED................................................................... 5
1105.1 PERIMETER LANDSCAPING
REQUIREMENTS..................................................... 5
1105.2 PROPERTY PERIMETER REQUIREMENTS............................................................ 5
1105.3 VEHICULAR USE AREA PERIMETER
REQUIREMENTS...................................... 8
1105.4 LOCATION OF LANDSCAPE BUFFER
AREA (LBA)............................................. 9
1105.5 RELATIONSHIP TO YARD
REQUIREMENTS........................................................ 9
1105.6 RESPONSIBILITY FOR PROVIDING
LBAs............................................................. 9
1105.61 INCLUSION OF SUBDIVISION
PLAT....................................................... 9
1105.62 EASEMENT
CONFLICTS............................................................................ 9
1105.63 PROVISION OF
PLANTING MATERIALS & BARRIERS.......................... 9
1105.64TREES ON
RIGHT-OF-WAY........................................................................ 9
1105.7 REQUIREMENT CONFLICTS................................................................................... 9
1105.8 LANDSCAPING AT DRIVEWAY &
STREET INTERSECTIONS............................ 9
1105.9 JOINT DRIVEWAYS & COMMON
VEHICULAR USE AREAS............................. 10
1105.10 EXISTING LANDSCAPE MATERIAL................................................................... 10
1105.11 INTERIOR LANDSCAPING FOR
VEHICULAR USE AREAS.............................. 10
1105.111 LANDSCAPE AREA...............................................................................
10
1105.1111
MINIMUM AREA....................................................................... 11
1105.1112
MAXIMUM CONTIGUOUS AREA............................................ 11
1105.1113
MINIMUM TREES...................................................................... 11
1105.1114
VEHICLE OVERHANG.............................................................. 11
1105.12 LANDSCAPING FOR SERVICE
STRUCTURES................................................... 11
1105.121 LOCATION OF
SCREENING................................................................... 11
1105.122 PROTECTION OF
SCREENING MATERIAL.......................................... 11
1105.123 SCREENING OF
OUTDOOR STORAGE AREAS.................................... 12
1105.13 LANDSCAPE MATERIALS................................................................................... 12
1105.131 WALLS AND
FENCES............................................................................. 12
1105.132 EARTH MOUNDS.................................................................................... 12
1105.133 PLANTS................................................................................................... 12
1105.1331
QUALITY................................................................................... 13
1105.1332
DECIDUOUS TREES.................................................................. 13
1105.1333
EVERGREEN TREES................................................................. 13
1105.1334
SHRUBS AND HEDGES............................................................ 13
1105.1335
VINES......................................................................................... 13
1105.1336
GRASS OR GROUND COVER................................................... 13
1105.14 VEHICLE OVERHANG......................................................................................... 14
1105.15 MAINTENANCE AND INSTALLATION.............................................................. 14
1105.16 PLAN SUBMISSION AND APPROVAL............................................................... 14
1105.161 PLAN CONTENT..................................................................................... 14
1105.162 BUILDING PERMIT
& CERTIFICATE OF OCCUPANCY...................... 15
1105.163 POSTING OF A
FULL CERTIFICATE OF DEPOSIT OR IRREVOCABLE LETTER OF CREDIT ………………………15
1105.17 PLANTING MANUAL AND PLANT
MATERIALS LIST..................................... 15
1106 ADMINISTRATION ……………………………………………………………………16
1106.1 ENFORCEMENT..................................................................................................... 16
1106.11 VIOLATIONS............................................................................................ 16
1106.12 PENALTIES............................................................................................... 16
1106.2 VARIANCES........................................................................................................... 16
LANDSCAPE ORDINANCE - PART TWO.................................................................................... 17
DEFINITIONS
LANDSCAPE ORDINANCE - PART THREE................................................................................ 18
LANDSCAPE
REVIEW COMMITTEE
LANDSCAPE AND
LAND USE BUFFERS ORDINANCE
1100 INTENT
The intent of this article is to
improve the appearance of vehicular use areas (VUAs) and property abutting
public rights-of-way; to require buffering between incompatible land uses; to
protect, preserve and promote the aesthetic appeal, character and value of the
community, and to promote public health and safety through the reduction of
noise pollution, air pollution, visual pollution, air temperature, and
artificial light glare.
1101 SITES
AFFECTED
1101.1 New Development - No new site
development, building, or structure shall hereafter be constructed or vehicular
use area created or used unless landscaping is provided as required by the
provisions of this Article, excluding agricultural and residential uses in
agricultural zoning districts. (See
Article VII, Section 703.10E for Rural Residential Landscape requirements)
1101.2 Change to Existing Development - No
building, structure, or vehicular use area (VUA) shall be expanded, moved, or
reconstructed and no use shall be changed to another use or increased in
intensity unless the minimum landscaping required by the provision of this
Article is provided for the property, excluding agricultural and residential
uses in agricultural zoning districts.
Landscaping shall be provided only for any additional structures,
parking or VUA over and above that of the existing development, except as
follows. If the additional parking or
VUA requirement is equal to or greater than the number of parking spaces or VUA
area provided by the previous use, then perimeter landscaping shall be provided
for the entire vehicular use area serving the property. (See also Section 1105.11
concerning interior landscaping requirements when VUA is altered or
expanded.) The provisions of this
section shall be effective regardless of whether or not new construction is
necessary to meet the parking requirements for the new uses.
1101.3 Change
of Zone - No use of an existing building, structure, or vehicular use area
shall be commenced subsequent to a change in zoning unless property perimeter
landscaping as required herein has been provided.
1101.4 Change of Use
- No use shall be changed to another use for which the Zoning Ordinance
requires additional parking over and above that required for the previous use,
unless vehicular use area perimeter landscaping as required by this Article is
provided for such additional parking. The provisions of this section shall be
effective regardless of whether or not new construction is necessary to meet
the parking requirements for the new uses. Where new construction will not be
necessary to meet the parking requirements, such additional required parking
shall be deemed to be on the perimeter for as much as possible of the existing
vehicular use area. Where the previous use had no required parking, perimeter
landscaping shall be provided for the entire vehicular use area serving the new
use. Interior landscaping shall not be required where only the use of the
property is changed and no new construction or reconstruction is proposed.
1102 AUTHORITY
The authority to administer these landscape regulations
is granted to the Planning Commission under KRS Chapter 100, Sections 201, 203,
and 281.
1103 JURISDICTION
The area for which these regulations apply shall coincide
with the jurisdiction of the zoning ordinance of which they are made a part.
1104 CONFLICTING
REGULATIONS
Should the requirements set forth in
this section be found in conflict with other provisions of these regulations,
the more stringent regulations shall apply.
Any regulations adopted as part of a special landscape or urban design
plan for particular areas (e.g., road corridor, downtown) shall supercede this
ordinance.
1105 WHERE
LANDSCAPE MATERIALS REQUIRED
This section describes the minimum
requirements that shall be met in regard to interior and perimeter landscaping
for vehicular use areas, perimeter landscaping for incompatible land uses, and
landscaping for service areas.
1105.1 Perimeter Landscaping Requirements
Unless otherwise
provided, landscape materials shall be installed to provide a minimum of fifty
(50) percent winter opacity and a seventy (70) percent summer opacity, between
one (1) foot above finished grade level to the top of the required planting,
hedge, fence, wall, or earth mound within four (4) years after
installation. The required landscaping
shall be provided along the property perimeter in designated landscape buffer
areas (LBAs) as shown in the chart Section 1105.2 or adjacent to the vehicular
use area as shown in the chart Section 1105.3.
A "Planting Manual and a Plant Materials List" shall be
maintained by the Planning Office and available in the offices of the Building
Inspection Office, to provide more detailed information on acceptable plant
material.
1105.2 Property Perimeter Requirements
|
A. When the
following . . . |
B. adjoins
the following . . . |
C. a minimum
buffer area *1 of this width is required
*3 *4 *11 |
D. which will
contain this material, to achieve
opacity required *4 *5
*7 *10 |
|
1. Any mobile home park |
Any other property |
10’ adjacent to all common
boundaries, including street frontage |
1 tree/40’ of linear
boundary, OFT *2, from Group A, B, C of Plant List plus continuous 6’ high
planting, hedge, fence, wall or earth mound |
|
2. Any business or professional office zone |
Any residential zone *9 |
15’ adjacent to all common
boundaries except street frontage *6 |
1 tree/40’ of linear
boundary OFT, from Group A or B only, plus 1) a double row of 6’ high hedge, or 2) a 6’ high fence, wall
or earth mound |
|
3. Any light industrial zone |
Any residential, professional
office or business zone *9 |
15’ adjacent to all common
boundaries except street frontage *6 |
Same as 2D |
|
4. Any heavy industrial zone |
Any residential, professional
office or business zone *9 |
30’ adjacent to all common
boundaries except street frontage (may be reduced to 15’ where VUA on subject
property adjoins common boundary). |
1 tree/30’, OFT, Group A or
B, plus continuous 6’ high planting, hedge, wall, fence (not to exceed 8’ in
height at street grade) or earth mound.
Such plantings are to be shown on a unified plan for the development |
|
5. Any double frontage lot (as defined by the
Subdivision Regulations) in any zone except A-1, unless the lot is used for a
vehicle sales facility or a service station |
Any freeway or arterial
street not providing direct access to the property |
20’ for residential zones
and 10’ for all other zones adjacent to freeway or arterial |
Same as 4D |
|
6. Any zone except agricultural and industrial
zones |
Railroads (except spur
tracks) |
Same as 7C, adjacent to
railroad boundaries *6 |
Same as 2D |
|
7. Utility substation, landfills, sewage
plants, sewage pump stations, or similar uses |
Any property boundary,
including street rights-of-way |
15’ adjacent to all
boundaries, except only 5’ for sewage pump stations measured adjacent to the
enclosure |
Same as 2D |
|
8. Any R-2, R-3, R-4 zone except when
developed as buildings for single family or two-family occupancy |
Any single-family zone *9 |
10’ adjacent to all common
boundaries except street frontage |
1 tree/40’ of linear
boundary, OFT *2, from Group A, B, or
C of Plant List plus a continuous 6’ high planting, hedge, fence wall, or
earth mound |
|
9. Any business, professional office or
industrial zone |
Any agricultural zone *8 |
15’ adjacent to all common
boundaries except street frontage *6 |
Same as 1D, except use only
Group A or, 1) one evergreen tree/15’ of linear boundary, OFT, planted 15’
o.c.; or 2) one tree/20’ of linear boundary, OFT, that is a combination of
50% deciduous trees from Group A and
50% small flowering trees or evergreen trees; or, 3) one small
flowering tree/15’ of linear boundary, OFT, planted 15’ o.c. |
|
10. Any residential, professional office, business,
or industrial zone |
Urban Service Boundary *12 |
150’ buffer required except
along Blue Grass Parkway where it must be 50 ‘. *12 |
Same as 1D, except use only
Group A |
*1 Grass or ground cover shall be planted on all portions of
the landscape buffer area not occupied by other landscape material.
*2 O.F.T. means "or fraction thereof." Unless otherwise specified, trees do not have
be equally spaced, but may be grouped.
*3 To determine required area of landscape
buffer area, multiply required width by length of common boundary. Through the plan review process, landscape
buffer area width may be averaged as follows, if the Planning Commission
determines such averaging to meet the intent of this ordinance: Using items 1C as an example, the 10'
required width times an assumed 100' of common boundary equals 1,000 sq. ft. of
required landscape area. Thus, if some
sections of the landscape buffer area are only 5' in width, other sections will
have to be greater than 10' in width in order to attain the required 1,000 sq.
ft. of landscape area. Five (5) feet
shall be the least dimension.
*4 A continuous planting of evergreen
trees 15' o.c. shall be deemed to meet the requirements for trees and a
continuous planting of shrubs provided the trees meet the requirements of
Section 1105.1333 and an opacity of seventy percent (70%) is achieved.
*5 No map amendment request, subdivision
plat, or development plan shall be approved by the Planning Commission except
in compliance with this section.
However, the Planning Commission shall not require such landscaping
adjoining the Urban Service Area boundary where any of the following conditions
exist: major railroad lines, major water
bodies (not including streams or farm ponds), public owned parks or open space,
public property with a low intensity of use, or existing urban development
along the Urban Service Area boundary.
*6 The 15' Landscape Buffer Area (LBA) may
be reduced to 5' when used in conjunction with a 6' high opaque wall or fence,
if the Planning Commission determines such reduction to meet the intent of this
ordinance.
*7 In situations where a slope occurs
along a boundary, the required landscaping shall be placed (in relation to the
slope) where it will most effectively screen the more intensive use from the
adjoining property. The maximum allowed
slope in a buffer area shall be 3 to 1.
*8 Screening may be waived with the written concurrence of the
adjoining property owner.
*9 For the purposes of determining buffer
easements, established single-family uses and public uses such as parks and
schools may be considered by the Planning Commission to be equivalent to
single-family residential zones.
*10 When a wall is used to buffer any zone or VUA from a
residential zone, it is to be constructed of pre-cast concrete or constructed
of/faced with natural stone or brick.
*11 Blue-line stream corridors and streamside
buffers should be established along each side of each blue-line stream. These
buffers should be at least fifty feet in width beginning at the top of bank
along each side of the stream and existing riparian and upland vegetation
retained and preserved within the buffer area. The determination of the status
of a stream, either blue-line (continuous flow) or intermittent flow should be
made at the time when a development proposal for the subject proposed is
submitted and may be based on USGS designations or other competent information
or evidence. Streamside buffers may also be required for intermittent streams
and will be determined on a case-by-case basis.
*12 Where the Urban Service Boundary abuts
any portion of the Rural Service Area, excluding USB lands that adjoin the
*12. THE
CITY OF VERSAILLES ONLY: Where the
Urban Service Boundary abuts any portion of the Rural Service Area, excluding
USB lands that adjoin the Bluegrass Parkway, a 50 foot wide buffer should be
provided and maintained.(Adopted
4/15/2008)
1105.3 Vehicular Use Area Perimeter Requirements
|
A. When the
following . . . |
B. adjoins the following . . . |
C. a minimum landscape buffer area of this width is
required *1 |
D. which will
contain this material, *3 to achieve opacity required. |
|
1. Any vehicular use area *2 (VUA) on any
property |
Any property in any zone
except industrial or agriculture |
5’ to edge of paving where
vehicles overhang, 4’ minimum from edge of paving and 3’ (that prohibits any
vehicular overhang) for other areas, on boundary of portion of vehicular use
area that faces adjacent property |
1 tree/40’ of boundary of
vehicular use area OFT *4, from Group A, B, or C, plus a 3’ average height continuous planting,
hedge, fence, wall or earth mound or a 3’ decrease in elevation from the
adjoining property to the vehicular use area *5 |
|
2. Any vehicular use area in any zone except vehicular
sales facilities or service stations
*6 |
Any public or private
street right-of-way, access road or service road (except expressways) |
Same as 1C above, except
applies to VUA portion facing public or private street right-of-way, access
road, or service road |
Same as 1D, except use only
Group A or B |
|
3. Any vehicular sales facility or service
station |
Any public or private
street right-of-way, access road or service road, expressway or arterial
street |
Same as 2C above |
1 tree/50’ OFT from Group A
or B, plus an 18” average height continuous planting, hedge, fence or wall |
|
4. Financial institutions with drive-in
facilities or night depositories |
Same as 2B |
Same as 1C |
1 tree/40’ of boundary OFT
from Group A or B (deciduous only) with 5’ of clear trunk, plus an 18”
average height continuous planting, hedge, fence, or wall adjoining a public
or private right-of-way and a 3’ average height planting, hedge, fence or
wall adjacent to all other property |
*1 These provisions may be included within the property perimeter
landscaping required by Section 1105.2 where landscaping buffer areas are also
applicable.
*2 A vehicular use area (V.U.A.) is any open or unenclosed area
containing more than 1,800 sq. ft. of area and/or used by five or more of any
type of vehicle, whether moving or at rest, including but not limited to
parking lots, loading and unloading areas, mobile home parks, and sales and
service areas. Driveways are considered
to be vehicular use areas.
*3 Grass or ground cover shall be planted on all portions of
the landscape buffer areas not occupied by other landscape material.
*4 OFT means "or fraction thereof."
*5 When a wall is used to buffer any zone or VUA from a
residential zone, it is to be constructed of pre-cast concrete or constructed
of/faced with natural stone or brick.
*6 Service Station is defined as a facility providing fuel,
service, and repair for vehicles.
Fuel/food stores are not service stations.
1105.4 Location of Landscape Buffer Area (LBA)
The LBA described in 1105.2-
1, 2, 3, 4, 5, 7, 8, 9, & 10 of Section 1105.2 shall apply to all common
boundaries. The LBA described in 1105.2.6
shall apply to the property line adjacent to the railroad right-of-way. The LBA described in 1105.2.12 shall apply to
the property line adjacent to the USB along the Bluegrass Parkway. The LBA described in 1105.3.1 shall apply to
all common boundaries. The LBA described
in 1105.3.2, 3, & 4 shall apply to the property line adjacent to the
freeway or public right-of-way.
1105.5 Relationship to Yard Requirements
Where there are
requirements for LBAs and minimum yards, the more stringent requirement shall
be complied with.
1105.6 Responsibility for Providing LBAs
The LBA set forth in
sections 1105.2 and 1105.3 shall be provided as a condition of development by
the person in charge of or in control of the property, whether as owner,
lessee, tenant, occupant, or otherwise, which creates the incompatible
situation, or shall be placed on the activity or parcel being processed when
the adjoining property is already developed with the exception of freeways and
railroads. An owner securing a change in
zone which creates an incompatible situation shall be deemed the one who
creates such situation and shall immediately provide the buffer area as a condition
of the zone change. If the incompatible
situation already exists or is created by a general zone change not sponsored
by the property owner, the buffer area shall be provided as a condition of the
approval of any future subdivision or development plan of the affected land.
1105.61 Inclusion of Subdivision Plat - Areas to
be set aside for LBAs shall be shown on preliminary subdivision plats and
development plans. Illustrations
including trees, shrubs, ground covers, and barriers shall be shown on preliminary
subdivision plats and development plans.
1105.62 Easement Conflicts - Where LBAs are
required in the same location as utility easements, the two may be combined
providing that the total width and screening requirements of sections 1105.2
and 1105.3 are met. However, where
existing trees are to be preserved, the two may not be combined. Trees planted in easements containing
overhead lines shall be small (S) trees that will not conflict with the
utilities.
1105.63 Provision of Planting Materials and Barriers
- Such trees, shrubs, ground covers, and barriers as shall be required and/or
shown on the final subdivision plat or development plan shall be provided by
the owner or developer and considered as any other site improvement. (See Section 1105.162 concerning bonding of
landscaping.)
1105.64 Trees on right of way - Trees required
as a part of the vehicular use area perimeter landscaping may be placed on the
right-of-way adjoining such vehicular use area when approved by the
1105.7 Requirement
Conflicts
Whenever
a parcel or activity falls under two or more of the landscape requirements
listed in sections 1105.2 and 1105.3, the most stringent requirements will be
enforced.
1105.8 Landscaping
at Driveway and Street Intersections
To
assure that landscape materials do not constitute a driving hazard, a
"sight triangle" will be observed at all street intersections or
intersections of driveways with streets.
At street intersections, the sight triangle shall be formed by measuring
from the intersection of the curb lines at least 35' in each direction along
the curb lines and connecting these points.
At driveway intersections, the sight triangle shall be formed by
measuring at least 15' back into the driveway and 20' in each direction along
the curb line (forming two triangles).
No landscape material shall be placed within the sight triangle that is
greater than 18" in height. Trees
having at least 5' of clear trunk (no limbs) or otherwise not presenting a
traffic visibility hazard shall be permitted within the sight triangle.
1105.9 Joint
Driveways and Common Vehicular Use Areas
Vehicular use area screening shall not be required
between a vehicular use area and the adjoining property where a property line
divides a driveway used for common access to two (2) or more properties nor
when both of the following conditions exist:
a) the vehicular use areas are for the required parking for the
properties or the common use of the properties (as substantiated by a
reciprocal parking and access agreement), b) a final development plan for the
properties has been approved by the Planning Commission.
1105.10 Existing
Landscape Material
Existing
landscape material which is proposed to be used to fulfill landscape
requirements shall be shown on the required plan, and any material in
satisfactory condition may be used to satisfy these requirements in whole or in
part when, in the opinion of the Landscape Inspector such material meets the
requirements and achieves the objectives of this article. Existing healthy trees from Group
"A" or "B" of the Plant List may be substituted for trees
required for property or vehicular use area perimeter landscaping, or for
interior landscaping by using the following criteria: a 6" to 12" caliper tree surrounded
by a minimum of 150 square feet of landscape area may be substituted for two (2)
new trees of the required minimum size; a 12" to 24" caliper tree
surrounded by a minimum of 250 square feet of landscape area may be substituted
for three (3) new trees of the required minimum size; a 24" or greater
caliper tree surrounded by a minimum of 300 square feet of landscape area may
be substituted for four (4) new trees of the required minimum size.
1105.11 Interior
Landscaping for Vehicular Use Areas
Any
open vehicular use area (excluding loading, unloading, and storage areas in an
industrial zone) containing 6,000 or more sq. ft. of area, or twenty or more
vehicular parking spaces, shall provide interior landscaping in addition to the
previously required perimeter landscaping.
Interior landscaping shall be peninsular or island types. Where a vehicular use area is altered or
expanded to increase the size to 6,000 or more square feet of area, or twenty
or more vehicular parking spaces, interior landscaping for the entire vehicular
use area shall be provided and not merely to the extent of its alteration or
expansion.
1105.111 Landscape Area - For each 100 sq. ft., or fraction
thereof, of vehicular use area, ten (10) sq. ft. of landscaped area shall be
provided.
1105.1111 Minimum Area - The minimum landscape area permitted shall be sixty-four (64) s