Ord_1606 PASSED (edited for Indoor Entertainment)

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10. Penalties for Violation: Any tree that is visibly damaged, has a root system that has been driven 3615 on, or has a root zone in which the soil has been compacted in any way, shall be replaced in 3616 accordance to the tree replacement formula found in Section 1011.04G. Also, any person who is 3617 not authorized by the City who removes any tree from any public property without first obtaining 3618 a permit and any person who fails to replace trees in the manner provided in this subsection shall, 3619 in addition to the criminal penalties prescribed by law, be required to pay to the City the estimated 3620 cost of tree replacement in the amount determined by the City. Upon determination that this has 3621 occurred, the City shall submit a bill for the amount of tree replacement. If that amount is not 3622 received by the City within 90 days, such amount shall be assessed as a special assessment on any 3623 land located in the City owned by the person violating this Section. 3624 B. Buffer Area Screening: The setback requirements established for uses in each district are intended to 3625 act as buffers between those districts and uses, but heightened screening is appropriate between low-3626 density residential dwellings and more intensive uses. For all new construction in all districts that lie 3627 adjacent to or across the street from LDR or LMDR Districts, therefore, additional screening shall be 3628 implemented as required herein. 3629 1. Exception: The requirements in this subsection shall be applied in addition to the preceding 3630 general landscaping requirements, except that they shall not apply to Low Density Residential, 3631 Low to Medium Density Residential, or Park and Recreation Districts. 3632 2. Acceptable Screening: Screening requirements of this Title shall be satisfied through the use of 3633 buildings, berms, solid board-on-board fences, walls, planting screens, evergreen trees, hedges, or 3634 some combination thereof. If the topography, existing vegetation, permanent structure, or other 3635 feature creates a barrier which achieves the standards of this section, they may be substituted. 3636 a. Screen Fences and Walls: Any screen fence or wall shall be constructed of attractive, 3637 permanent finished materials, compatible with those used in the construction of the principal 3638 structure. Such screens shall be at least 6 feet in height and shall be 100% opaque. 3639 b. Planted Screening: Any planting screens shall consist of healthy plants, shall be at least 6 feet 3640 in height, and shall be designed to provide a minimum year round opacity of 80% at the time 3641 of installation. 3642 c. Notwithstanding these requirements, screening along street rights-of-way shall be maintained 3643 at a height not less than 3 feet nor more than 4 feet. 3644 3. Maintenance: Screen fences and walls which are in disrepair shall be promptly repaired. Planted 3645 screens shall be maintained according to the normal landscape maintenance requirement of 3646 Section 1011.03A8 3647 C. Parking Lot Landscape: Off street parking lots with more than 25 parking stalls shall contain interior 3648 landscaped islands. Such islands shall be bounded by a raised concrete curb or approved equivalent 3649 and shall contain mulch to retain soil moisture. Turf grass is permitted within landscaped areas 3650 located around the periphery of a parking lot. 3651 1. Islands are required at the end of each row of cars, where it abuts vehicle circulation aisles or 3652 driveways, or every 15 stalls, whichever is less. 3653 2. Islands shall be provided to separate pedestrian and vehicular traffic. 3654