03/12/2013 Ordinances 9422 ORDINANCE NO. 9422
An ordinance to amend Chapter 36 of the Grand Island City Code; specifically, to
amend Section 36-102 Landscaping Requirements; to repeal any ordinance or parts of ordinances
in conflict herewith; and to provide for publication in pamphlet form and the effective date of
this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. Section 36-102 of the Grand Island City Code is hereby amended to
read as follows:
§36-102. Landscaping Requirements
(A) Purpose: The landscaping and screening regulations are intended to improve the physical appearance of the
community; to improve the environmental performance of new development by contributing to the abatement of
_ heat, noise, glare, wind and dust; to promote natural percolation of storm water and improvement of air quality; to
buffer potentially incompatible uses from one another; and, to protect and enhance the value of property and
neighborhoods within the city.
(B) Applicability:
(1)The provisions of this section shall apply to the following zones: Medium Density Residential Zone, High
Density Residential Zone,Residential Office Zone, Light Business Zone, General Business Zone, Arterial
Commercial Overlay Zone, Heavy Business Zone, Industrial Estates Zone, Light Manufacturing Zone,
Heavy Manufacturing Zone, Commercial Development Zone, Residential Development Zone and Travel
Development Zone. Landscaping of lands within districts such as the Central Business District and Fourth
Street Business District, as defined in this code, shall be subject to Streetscape Improvement Projects
where applicable. In the absence of such projects,the provisions of this section shall apply.
(2)The provisions of this section shall apply to the Airport Overlay Zone with the exception that three shrubs
may be substituted for each required shade or ornamental tree to conform to standards of wildlife
management required near an airport.
(3)The provisions of this section shall apply to all new development,including surface parking, on each lot or
site upon application for a building permit,except as follows:
(a)Reconstruction or replacement of a lawfully existing use or structure.
(b)Remodeling, rehabilitation or improvements to existing uses or structures which do not substantially
change the location or building footprint of existing structures, or the location and design of parking
facilities or other site improvements. However, additions or enlargements of existing uses or structures,
which increase floor area or impervious coverage, shall be subject to the provisions of this section, which
shall only apply to that portion of the lot or site where the new development or use occurs.
(c)Residential structures containing three dwelling units or less shall be exempt from the requirements of
this section.
(4)Landscaping which exists on any property shall not be altered or reduced below the minimum requirements
of this section,unless suitable substitutions are made which meet the requirements of this section,pursuant to a
site plan approved by the city.
(5)Any conflict between this section and another section of this chapter shall be resolved in favor of the more
restrictive provision.
(C) Nonconforming Status: Any property or use of property,which as of August 1,2004 or any amendment hereto
is lawfully nonconforming only as to the regulations relating to landscaping, may be continued in the same manner
as if the landscaping were conforming.
Approved as to Form .e„.
March 4,2013 a City rney
ORDINANCE NO. 9422 (Cont.)
(D) Definitions: The following definitions shall be used for terms contained within this section:
Buffer yard: A landscaped area provided to separate and significantly obstruct the view of two adjacent land
uses or properties from one another.
Canopy tree: A deciduous tree having a minimum mature height of 30 feet and a minimum caliper of 1 inch at
the time of planting. One canopy tree equals two understory/ornamental or evergreen trees.
Evergreen tree: An evergreen or conifer tree having a minimum mature height of 20 feet and a minimum 2
gallon container size or bare root/ball equivalent at the time of planting.
Landscaped area: That area within the boundaries of a given lot consisting primarily of plant material,
including but not limited to grass, trees, shrubs, flowers, vines, groundcover and other organic plant materials
(this does not include plant materials typically used as a cash crop). Tall varieties of native and ornamental
grasses may be planted and left in their natural state in selective and limited locations, deemed appropriate by
the city. Inorganic materials such as brick, stones, aggregate, ponds or fountains may be used within
landscaped areas, provided that such materials comprise no more than 35 percent of the required landscaped
area. Flat concrete or asphalt,other than walkways five feet or less in width,may not be used within a required
landscaped area.
Minimum equivalent street landscaping: The minimum landscaped area which must be provided in a street
yard,expressed as a percent of the total area contained within that street yard.
Shrub: A deciduous or evergreen plant having a minimum height of 18 inches at the time of planting, with a
maximum mature height of less than 10 feet.
Street yard:
(1) The area of a lot or parcel which lies between any street property line and the fronting walls of any
building or buildings on the parcel.The street yard shall follow all irregularities or indentations in the front
wall of the building, excluding minor projections or indentations such as steps or unenclosed porches. For
the purposes of defining the street yard area,the front wall shall be extended from the outermost corners of
the building,parallel with the fronting street, until intersecting with the side property line [see Attachment
B hereto]. Street yard depth shall not exceed 100 feet for the purposes of calculating the minimum
equivalent street landscaping area requirement.
(2) On lots or parcels with multiple buildings, the street yard area shall be defined by all building front
walls having direct,visual frontage onto the street. Any space between buildings equal to 15 percent of the
length of such frontage, but in no case more than 100 feet, shall be considered an extension of the
continuous building front wall for the purpose of delineating the street yard.
Understory/ornamental tree: A flowering or non-flowering deciduous tree having a maximum mature height
of 30 feet and a minimum caliper of 2 inch at the time of planting.
(E) Street Yard Landscaping Standards:
(1) Street yard landscaping shall be provided adjacent to each street property line and within street yards,as
set forth below,in accordance with an approved site landscaping plan.
(2)Minimum equivalent street landscaping area:
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ORDINANCE NO. 9422 (Cont.)
(Minimum Equivalent Street Landscaping Area
Zoning District Percent of Street Yard Minimum Landscaping Depth
(%) of Street Yard*** (ft.)
R3 65 20
R4 60 10
RO 30 10
B1 25 10
B2 20* 10*
AC 20 20*
B3 20 10*
ME 20 20
M1 20 20
M2 20 10
M3 20 10
TD 30 30
CD ** 30
RD ** 10or30
*Unless otherwise established in an approved Streetscape Improvement Project.
**As determined by approved plan
(3) When a lot contains more than one street frontage, the area of all street yards and the proposed street
yard landscaped areas may be combined for the purposes of determining compliance with this section.
(4)Any required street yard landscaping shall include the following minimum shrub and tree plantings',(or
an appropriate equivalent as determined by the city)for every 100 feet(any fraction of.5 or less rounded to
the next lowest number; any fraction exceeding .5 rounded to the next highest number) of property line
adjacent to a public street right-of-way: 1 canopy tree; 1 understory/ornamental or evergreen tree; 3 shrubs.
Existing trees or shrubs approved for preservation shall be counted toward satisfaction of this provision.
(F) Buffer Yard and Parking Landscaping Screening Standards:
(1)Buffer yard landscaping shall be installed and maintained adjacent to the affected common side or rear
property line(s), when a use is established in a more intensive zoning district located adjacent to a less
intensive zoning district,as set forth below:
More Intensive Zoning District Required Buffer Yard Width Less Intensive Zoning District
(ft.)*
RO,B1,B2,AC,B3,CD,TD 10 TA,LLR,R1,R2,R3,R4,RD
ME,M1,M2,M3 20 TA, LLR, R1, R2, R3, R4, RO,
RD,CD,TD,Bl,B2,B2,AC,B3
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................
*When an alley, street or railroad R.O.W. separates adjacent districts requiring a buffer yard, the buffer
yard width shall be halved.
(2) Buffer yard landscaping is intended to provide screening of loading docks, refuse collection points,
truck/equipment parking, sources of noise, glare, light, dust, or other negative impacts. Buffer yard
landscaping shall include hedges or screens of evergreen or approved deciduous plant material, capable of
providing a substantial opaque barrier, and attaining a minimum height of 6 feet within three years of
planting. Opaque fencing may also supplement the vegetative plantings, but shall be installed no closer to
the property line than the width of the required buffer yard.
(3)Buffer yard landscaping and parking landscaping screening strips shall not be placed on an easement.
(4) A parking landscaping screening strip, having a Minimum Landscaping Depth of Street Yard as
identified above, shall be installed along any parking area adjacent to a public street right-of-way. No
parking area shall contain more than 100 spaces except as allowed within these regulations. If a greater
number of parking spaces is required,separate parking areas shall be provided, and shall be separated from
other parking areas by landscaped dividing strips, having a minimum width of 6 feet. These strips shall
include trees, shrubs, grasses and other vegetative coverings for a creative aesthetic appearance. A parking
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ORDINANCE NO. 9422 (Cont.)
landscaping screening strip shall also count towards meeting any requirements associated with minimum
equivalent street or buffer yard landscaping.
Alternate plans for parking lots with more than 500 spaces may submitted for approval by a committee
comprised of the Planning Director, Building Department Director and Public Works Director with
recommendations from other appropriate city staff. The Committee shall establish criteria for the review
and approval of larger parking lots based on but not limited to the following areas of concern: overall area
and types of landscaping provided shall not be less than would be required under the conventional
regulations, provision for storm water management and filtering using best available practices, provisions
for adequate lighting, fire protection and security throughout the lot, provisions for pedestrian access
through and around the lot,and provisions for pedestrian access to the site requiring said parking lot.
(5)A development may continue to comply with the buffer yard landscaping requirements in effect at the
time of issuance of its initial building permit,regardless of whether an adjacent lot or property is rezoned to
a less restrictive zoning district which requires additional buffer yard landscaping.
(G) Site Plan Requirements:
(1)A site plan showing the required street yard,buffer yard and/or parking screening landscaping shall be
submitted to the city for review and approval as part of the application for a building permit. The plan shall
include,but not be limited to the following:
(a) Location of proposed landscaping drawn to scale.
(b) Location,size,type and condition of proposed plant and non-plant landscaping materials including
fences,walks,ponds,fountains,benches,lighting and irrigation systems.
(c) Estimated date of completion of the installation of all plantings and finishing materials.
(H) Installation and Maintenance Requirements:
(1) Required landscaping areas shall be installed and maintained in a neat, clean, orderly and healthful
condition. Maintenance shall include proper pruning of trees and shrubs, mowing of lawn and grass areas,
weeding, removal of litter, fertilizing, replacement of plants consistent with this section when necessary,
and the regular watering of all plantings.
(2) The installation of landscaping shall be completed prior to the issuance of any occupancy permit for
buildings on the property,or commencement of the intended use of the property.
(3) If, at the time of commencement of the intended use of the property or application for a certificate of
occupancy, any required landscaping has not been installed or completed due to seasonal or climatic
conditions or plant material being unavailable, the developer or owner of the property shall submit the
following to the Building Department:
(a) A request for extension of the proposed completion date for installation of the required
landscaping, stating the reason for the request, the property owner's current mailing address, and a
commitment to complete the installation of the landscaping by a date certain, not to exceed six
months from the building completion date.
(b)A drawing showing the plan and layout of the landscaping areas.
(c)A cost estimate for the installation of the landscaping area.
(d)A bond, certificate of deposit, letter of credit, cash or other financial surety as may be approved
by the City Attorney guaranteeing faithful performance of the owner or developer's commitment to
complete installation of the required landscaping and payable to the City of Grand Island in the event
that the developer fails to carry out the commitments described in sub-paragraph(a)above.
(4)Upon approval of the foregoing request for extension of time to complete the landscaping installation,
the owner or developer shall be issued a conditional certificate of occupancy or a conditional letter
authorizing commencement of use of the property by the Building Department. The owner or developer
shall complete the installation of the landscaping in accordance with the commitments made pursuant to
sub-paragraph (a) above, and, upon inspection and approval by the Building Department, a certificate of
occupancy or commencement of use letter shall be issued. All limitations on the use of the property relating
to landscaping are deemed to be of no force or effect at that time, and the City shall release the surety or
other security submitted by the owner or developer.
(5) If the owner or developer has not installed the required landscaping with the commitments made pursuant to
sub-paragraph(a)above,the owner or developer shall be deemed to have granted the City or its officers,employees,
agents or representatives permission to enter upon the property to install the required landscaping in accordance with
the plan submitted pursuant to sub-paragraph(c) above using the surety or security filed by the owner or developer
as payment for said installation. The Building Department shall send the owner or developer written notice of
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ORDINANCE NO. 9422 (Cont.)
default and intention to enter onto the property to install required landscaping by certified mail, return receipt
requested, and ordinary first class mail sent to the last known address of said owner or developer at least five (5)
business days prior to making such entry.
Amended by Ordinance No.9256,effective 04-07-2010
Amended by Ordinance No. 9419,effective 02-15-2013
SECTION 2. Section 36-102 as existing prior to this amendment, and any
ordinances or parts of ordinances in conflict herewith, are repealed.
SECTION 3. The validity of any section, subsection, sentence, clause, or phrase
of this ordinance shall not affect the validity or enforceability of any other section, subsection,
sentence, clause, or phrase thereof.
SECTION 4. That this ordinance shall be in force and take effect from and after
its passage and publication in pamphlet form within 15 days according to law.
Enacted: March 12, 2013.
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Attest:
s..
RaNae Edwards, City Clerk � ,O ?O,P4„
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