19.35.030 Application of landscaping requirements.
The planning department shall review and may approve, disapprove or approve with modification all site/landscape plans for all uses and developments which are required to provide landscaping in accordance with the requirements of individual zones and the provisions of this chapter. No permit for use which is subject to the requirements of this section shall be issued until the landscape plan for such use has been approved by the planning department. This chapter shall apply under the following circumstances:
A. New Development. All new uses shall provide landscaping in accordance with the requirements of this chapter when the use-standards table indicates a particular landscape category applies to that use, or when a particular landscape category and/or additional specific landscaping requirements are imposed as part of a discretionary permit review process.
B. Expansions of or Alterations to Existing Uses. The requirements of this section shall apply to remodeling or expansion of existing uses when the value of the new construction or alteration occurring within a two-year period is equal to or greater than thirty-five percent of the assessed value of the existing improvements. Where conformance with this section would create a nonconformity of parking standards or would conflict with the location of existing buildings on the lot, the planning director shall determine how the code is to be applied. Where a nonconformity with parking standards will be created, the planning director should consult with the city traffic engineer. In determining how to apply the landscaping requirements in such circumstances, the planning director may allow landscaping to be clustered on portions of the site visible from adjacent streets and shall use the following criteria in deciding which of the landscaping requirements to adjust, listed in the order of highest importance:
1. Compliance with street frontage landscaping standards;
2. Compliance with perimeter landscaping standards;
3. Compliance with internal area of parking lot standards;
4. Compliance with other landscaping standards of this title.
C. Change of Use or Occupancy. When the use of a building or lot changes to another use which does not involve expansion or remodeling as provided in subsection (B) of this section, such use need not provide additional landscaping except under the following circumstances:
1. Additional off-street parking is required, in which case the landscaping required by EMC 19.35.080 shall be required for all new parking spaces or parking facilities provided.
2. The use is subject to a review process in which the review authority has discretionary authority as set forth in EMC Title 15, Local Project Review Procedures, in which case the review authority shall establish the minimum landscape requirements for the specific use.
3. New uses, storage or other activities which take place outdoors are to occur, in which case the requirements of EMC 19.39.050 shall apply.
4. The previous use did not comply with the requirements of the landscaping regulations in effect at the time it was established, in which case the new use shall comply with such requirements in effect at the time of establishment of the previous use. If the location of existing buildings prevents conformance with the requirements of this chapter, the planning director shall determine how the code is to be applied.
D. Difference of Standards. Where there is a difference in the standards listed in this chapter and the specific requirements listed in individual zones, the more substantial requirements shall be required. The planning director may permit alternative landscaping, as provided in EMC 19.35.190, when the overall site development plan proposed provides equivalent or better results than required by this title. (Ord. 3774-20 § 9 (Exh. 7), 2020; Ord. 3322-13 § 4, 2013; Ord. 2538-01 § 38, 2001; Ord. 1849-92 §§ 24, 25, 1992; Ord. 1793-91 § 5, 1991; Ord. 1729-90 § 18, 1990; Ord. 1671-89, 1989.)