Sec. 931-306. - Landscaping requirements for commercial parking facilities not in a building.
(a) Any commercial parking facility that was constructed or placed in operation after July 1, 1971, and in which motor vehicles are not parked within a building, shall comply with the landscape requirements of this section. Any commercial parking facility that was constructed or placed in operation on or before July 1, 1971, and in which motor vehicles are not parked within a building, shall not be altered or modified so as to put it in further conflict with this section. If, however, a provision of a zoning ordinance, variance grant, parole covenant or commitment imposes a more stringent landscape and screening requirement than is found in this section, the provisions of the zoning ordinance, variance grant, parole covenant or commitment shall be controlling.
(b) Yard requirements include the following.
(1) Ten (10) percent of the lot surface area shall be devoted to yard area. "Lot surface area" shall not be considered to include a street right-of-way. Each yard shall be planted and adequately maintained in ground cover, which may include grass, and shrubbery or trees and shall be raised and defined by a six-inch curb.
(2) Part of the yard area requirement shall be met by providing and maintaining a yard (bufferyard) at least five (5) feet in depth along each property line, except at places of entrance and exit, which is contiguous to a street or residential district. For the purpose of this subsection, the term "street" shall mean all designated streets except for any street that is less than thirty (30) feet in width and located within the geographic area bounded by North, East, South and West Streets.
(3) An architectural screen may be permitted in lieu of the bufferyard, upon approval of the division of construction and business services as to design, material and placement of the architectural screen. The architectural screen shall be a wall or fence of ornamental block or brick, or a combination thereof. For each linear foot of architectural screen, the required number of square feet of yard area shall be reduced by two (2) square feet.
(c) Tree requirements include the following.
(1) A minimum of one (1) live tree of a three-inch caliper size or larger for every two thousand five hundred (2,500) square feet of lot surface area shall be planted and maintained. The trees shall be located in the yard area.
(2) Where an architectural screen is not permitted in lieu of a bufferyard, one (1) of the required trees shall be planted and maintained in the bufferyard for each fifty (50) linear feet of bufferyard.
(d) The division of construction and business services, upon request by the registrant and upon receiving a suitable alternative plan that meets the general objectives of this section, shall have the power to modify or waive, in writing, any landscape requirements that are deemed by the division to be unfeasible or unreasonably burdensome.
(G.O. 183, 1997, § 15; G.O. 3, 2002, § 76; G.O. 63, 2009, § 154; G.O. 41, 2016, § 2)