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Ashland City Zoning Code

ARTICLE XXIII

LANDSCAPING

Sec 21-230 Intent And Applicability

  1. Intent. Pursuant to the general purpose of this chapter set forth in ATC chapter 21, article I, the intent of this article is to establish regulations and standards for the preservation and planting of trees, the provision of other landscaping features and the provision of buffers and screening, in order to:
    1. Aid in the prevention of erosion and sedimentation;
    2. Reduce stormwater runoff and the costs associated therewith;
    3. Aid in the removal of carbon dioxide from the atmosphere and in the generation of oxygen and in the filtration of air pollutants;
    4. Preserve the water table and provide for reforestation;
    5. Provide shade in summer, thus reducing air conditioning costs, and provide windbreaks in winter as protection against severe weather;
    6. Aid in the control of drainage and the restoration of denuded soil subsequent to construction and grading;
    7. Protect and enhance property values;
    8. Protect and enhance the physical and aesthetic environment of the town as a whole;
    9. Provide, where applicable, visual screening and sound abatement, and generally enhance compatibility between land uses;
    10. Generally protect and enhance the quality of life and the general welfare of the town;
    11. Minimize the effect of heat islands;
    12. Provide residents with a possible seating area or resting point between destinations.
  2. Applicability. The provisions of this article shall apply to new development, redevelopment and expansion or modification of existing development in such districts and for such uses as specified in the sections of this article setting forth particular requirements. In the case of expansion or modification of development existing at the effective date of the article, the requirements of ATC chapter 21, article XVIII, nonconforming uses and features, shall apply, unless specifically stated to the contrary elsewhere in this article.
  3. Development Guidelines Handbook. The town's Development Guidelines Handbook shall, with regard to the provisions of this article and other provisions of this chapter, be adopted as policy by the town council, after review and recommendation of the planning commission, and shall be for the purpose of providing guidelines, examples and illustrations of means and, in some cases, alternative means of satisfying the standards and requirements set forth in this article or elsewhere in this chapter. In any case where the guidelines, examples or illustrations contained in such handbook are in conflict with any specific standard or requirement of this chapter, the latter shall prevail.

HISTORY
Adopted by Ord. 10-8-85 Paper Archive on 10/8/1985
Amended by Ord. 9-22-87 Paper Archive on 9/22/1987
Amended by Ord. 2003-16 on 2/17/2004

Sec 21-231 Landscape Plan

  1. When required. A landscape plan submitted in accordance with the provisions of this section and approved by the zoning administrator shall be required for any use and for any development for which a site plan is required by ATC section 21-185, provided that a single-family detached dwelling on an individual lot and its accessory structures and uses shall not require a landscape plan unless such plan is required as a component of the plan of development process under the provisions of sections 4.1-211 or 4.1-406 of chapter 4.1 pertaining to environmental protection.
  2. Preparation and submission. The landscape plan shall be prepared by a landscape architect or other qualified person. The landscape plan shall be a component of the site plan required by ATC section 21-185 of this chapter, shall be prepared in accordance with the specifications for site plans contained in ATC section 21-183, and shall be submitted to the zoning administrator. Prior to submission of the landscape plan, the applicant shall participate in a preapplication meeting with the zoning administrator to discuss the applicable requirements of this chapter and the development guidelines contained in the Development Guidelines Handbook.
  3. Contents of landscape plan. The landscape plan shall show the following information, provided that with prior approval of the zoning administrator, required contents of the landscape plan may be shown on the site plan, and particular information may be omitted from a landscape plan when, due to the nature or limited scope of a development, such information is not necessary for evaluation of the plan or for purposes of maintaining a record.
    1. Location of all property lines, street right-of-way lines, easements, utilities, proposed buildings and structures, walkways, parking areas, vehicle circulation areas, loading areas, and ingress to and egress from the site;
    2. All existing healthy trees and other significant vegetation on the site, provided that groups of trees may be outlined so long as all trees in excess of twenty (20) inches caliper are shown as individual specimens;
    3. All trees and significant vegetation proposed to be removed, and all trees and significant vegetation proposed to be preserved, including the means of protecting such during construction in accordance with guidelines contained in the Development Guidelines Handbook;
    4. The means of satisfying all applicable requirements of this article for tree planting, landscaping, treatment of setbacks, buffers, and screening, including a schedule of plant materials and including all structural material to be installed and all vegetative material to be planted with its location, species, size at planting, spacing where applicable, and typical planting detail;
    5. The location and general character of any freestanding signs, fences, walls, retaining walls, berms, storm water retention and other manmade features in close proximity to trees to be preserved or planted and other significant landscaping features;
    6. Existing topography and final grading in accordance with specifications required for site plan submission;
    7. Any additional information deemed necessary by the zoning administrator to determine compliance with the requirements of this article or other related provisions of this chapter.

HISTORY
Adopted by Ord. 10-8-85 Paper Archive on 10/8/1985
Amended by Ord. 9-22-87 Paper Archive on 9/22/1987
Amended by Ord. 2003-16 on 2/17/2004

Sec 21-232 Tree Preservation And Planting

  1. Applicability. The tree preservation and tree planting requirements set forth in this section shall apply to all uses in all districts, except that the requirements shall not apply to single-family detached dwellings or to farmland, designated wetlands, dedicated school sites, playing fields and other nonwooded recreation areas, and other facilities and uses of a similar nature. In the case of development existing at the effective date of these provisions, the requirements of this section shall apply when there is a change in use of the property, or where the main building on the property is enlarged by a cumulative total of more than ten (10) percent of the gross floor area of the original building, or more than one thousand (1,000) square feet, whichever is less.

  2. Tree coverage requirements. Existing trees shall be preserved or additional trees shall be planted on each lot, and shall be of such species, size and number as to provide an estimated canopy with twenty (20) years after approval of the landscape plan of not less than the following:
    1. Lots in RR-1, RRC, RIn, R-1, R-2, R-3, R-4, RO-1 and PMH districts: Twenty (20) percent of the lot area
    2. Lots in R-5 and PUD districts: Fifteen (15) percent of the lot area;
    3. Lots in B-1, B-1D, B-2, M-1, HE PSC and POB districts: Ten (10) percent of the lot area.

      Tree coverage requirements for a residential development consisting of multiple lots for single-family detached dwellings shall apply. The canopy requirement shall be achieved through a cumulative coverage of the combined lots or development area, and not on an individual lot basis.

  3. Credit for preservation of existing trees. Healthy existing trees must be preserved to the extent possible as determined by the zoning administrator. Existing trees on the lot shall be credited toward the tree coverage requirement when such trees meet the other requirements of this section, are shown on the approved landscape plan and are adequately protected during construction, provided such trees have a reasonable expectation of survival as determined by the zoning administrator from material contained in the Design Guidelines Handbook or additional supporting data submitted with the landscape plan. Existing trees infested with disease or insects or structurally damaged to the extent that they pose a hazard to persons or property, or to the health of other trees on site, shall not be included to meet the tree cover requirements.

  4. Location of trees. Trees to be credited toward the tree coverage requirement may be located anywhere on a lot, provided such trees are reasonably dispersed throughout portions of the lot not covered by buildings or paved areas. Existing trees to be preserved and trees to be planted to satisfy parking lot landscaping requirements and street tree requirements of this article shall be credited toward the tree coverage requirement, except that existing trees within public rights-of-way shall not be so credited.

  5. Minimum tree sizes. Trees to be credited toward the tree coverage requirement shall meet the following standards at the time of planting or, in the case of existing trees to be preserved, shall meet the following standards at the time of completion of development on the site:
    1. Large deciduous trees: Minimum two and one-half (2 1/2) inches caliper;
    2. Small deciduous trees: Minimum five (5) feet height;
    3. Evergreen trees: Minimum five (5) feet height.

  6. Determining projected tree coverage, acceptable species and other standards. Projected tree coverage, acceptable species, accepted means of protecting existing trees and other standards and guidelines for tree preservation and tree planting shall be determined in accordance with the tree canopy matrix and other material included in the Design Guidelines Handbook. Otherwise acceptable tree species or larger trees not shown on the tree canopy matrix may be given credit toward the tree coverage requirement when supporting data adequate to determine coverage is provided to and accepted by the zoning administrator.

  7. Calculating tree canopy coverage: Exceptions to calculating total lot or disturbed area may be granted by the zoning administrator for land devoted to the following:
    1. To allow for the reasonable development of farm land or other areas devoid of woody materials; or
    2. Dedicated school sites, playing fields and other non-wooded recreation areas, and other facilities and uses of a similar nature; or
    3. To allow for the preservation of wetlands; or
    4. When strict application of the requirements would result in unnecessary or unreasonable hardship to the developer.

HISTORY
Adopted by Ord. 10-8-85 Paper Archive on 10/8/1985
Amended by Ord. 9-22-87 Paper Archive on 9/22/1987
Amended by Ord. 2003-16 on 2/17/2004
Amended by Ord. 2014-02 on 9/16/2014
Amended by Ord. 2015-01 on 4/21/2015
Amended by Ord. 2017-02 on 2/20/2018

Sec 21-233 Landscape Setbacks

  1. Landscaped setback required. A landscaped setback of not less than twenty (20) feet in depth measured from the existing or future right-of-way, whichever is greater, shall be provided along all streets, except that this requirement shall not be applicable to:
    1. Property located in the B-1 or B-1D districts (See ATC article X of this chapter for setback and yard requirements in the B-1 district or ATC Article X-A of this chapter for setback and yard requirements in the B-1D district); and
    2. Property devoted to single-family detached, single-family attached, multifamily, townhome, cottage court, or two-family use (See setback and yard requirements in the district in which the use is located).

  2. Improvement of required landscaped setbacks. Required landscaped setbacks shall be landscaped with appropriate vegetative ground cover or shrubbery and shall be provided with street trees as specified in ATC section 21-234. At least 50% of the linear frontage, not including areas dedicated for ingress and egress, shall include continuous vegetative shrubbery at full plant maturity and at a maximum of thirty (30) inches in height. Existing healthy trees with a caliper of ten (10) inches or greater located within such setback shall be preserved unless preservation is not possible due to circumstances external to the site. Approved walkways and other incidental improvements for pedestrian use may be located within landscaped setbacks. (See the Design Guidelines Handbook for guidelines and examples for treatment of landscaped setbacks.)

  3. Use of required landscaped setbacks. No building or structure, other than a permitted sign, and no parking, loading or vehicle circulation area, except approved means of ingress and egress, shall be located within any required landscaped setback. No required landscaped setback shall be used for the display or storage of items for sale or for any similar activity.

  4. Exceptions. The following provisions shall apply to all corner parcels zoned B-2, M-1, or PSC. Exceptions to the required landscape setbacks may be granted to allow for future economic development/redevelopment of key intersections that are currently inhibited by the landscape setback requirements of this section. Exceptions to the required twenty (20) foot landscape setback shall be allowed if the following minimum conditions are met, provided that the minimum depth of the landscape setback is reduced to no less than seven and one-half (7.5) feet:
    1. The required twenty (20) foot landscape setback may be reduced by five (5) feet if the minimum amount of parking area landscaping required by Sec. 21-235(c) is increased from 5% to 10%.
    2. The required twenty (20) foot landscape setback may be reduced by five (5) feet if the minimum number of street trees required by ATC Sec. 21-234 is increased by 25%.
    3. The required twenty (20) foot landscape setback may be reduced by five (5) feet if the amount of vegetative shrubbery required by ATC Sec. 21-233(b) is increased from 50% to 75%.

HISTORY
Adopted by Ord. 10-8-85 Paper Archive on 10/8/1985
Amended by Ord. 9-22-87 Paper Archive on 9/22/1987
Amended by Ord. 2003-16 on 2/17/2004
Amended by Ord. 2011-03 on 10/18/2011
Amended by Ord. 2014-02 on 9/16/2014
Amended by Ord. 2017-02 on 2/20/2018

Sec 21-234 Street Trees

  1. Required street trees. Street trees as specified in this section shall be preserved or planted along all streets, except that this requirement shall not be applicable to single-family detached dwellings on existing lots of record. In the case of development existing at the effective date of these provisions, the requirements of this section shall apply when there is a change in use or the property, or where the main building on the property is enlarged by a cumulative total of more than ten (10) percent of the gross floor area of the original building, or more than one thousand (1,000) square feet of floor area, whichever is less. (See ATC section 17-35 of chapter 17, subdivision of land, for street tree requirement in single-family subdivisions).

  2. Number of street trees required. Street trees shall be provided at the rate of not less than one (1) tree for each fifty (50) linear feet, or major fraction thereof, of street frontage. In B-1, RIn, R-1, R-2, R-3, R-4, and R-5, this rate shall be not less than one (1) tree for each forty (40) linear feet unless the administrator reduces or eliminates this standard based on the size, street frontage, existing vegetation, or specific conditions of the site. In addition thereto, median strips within a development shall be provided with street trees at the rate of not less than one (1) tree for each fifty (50) linear feet, or major fraction thereof, of such median. It is not the intent of this provision to require that street trees be provided with specific or uniform spacing, but that they be distributed throughout permitted locations with consideration for the species of trees, and the locations of driveways, other landscaping and topographic features, signs, easements and utilities, in accordance with guidelines contained in the Design Guidelines Handbook.

  3. Location of trees. Trees to be credited toward the street tree requirement shall be located within the required landscaped setback as set forth in ATC section 21-233, provided that street trees may be located within the street right-of-way when in accordance with the guidelines contained in the Design Guidelines Handbook. In any case where a landscaped setback is not required by ATC section 21-233, required street trees may be located within the street right-of-way or on the lot and within ten (10) feet of the street line.

  4. Minimum tree sizes. Trees to be credited toward the street tree requirement shall be deciduous trees having a caliper of not less than two and one-half (2 1/2) inches at the time of planting or, in the case of existing trees to be preserved, at the time of completion of development on the site.

  5. Credit for preservation of existing trees. Healthy existing trees to be preserved shall be credited toward the street tree requirement when such trees meet the other requirements of this section, are shown on the approved landscape plan and are adequately protected during construction, provided such trees have a reasonable expectation of survival as determined by the zoning administrator from material contained in the Design Guidelines Handbook or additional supporting data submitted with the landscape plan.

  6. Acceptable species, spacing of trees and other standards. Acceptable species, spacing of trees, accepted means of protecting existing trees and other standards and guidelines for tree preservation and tree planting shall be as specified in the Design Guidelines Handbook.
HISTORY
Adopted by Ord. 10-8-85 Paper Archive on 10/8/1985
Amended by Ord. 9-22-87 Paper Archive on 9/22/1987
Amended by Ord. 2003-16 on 2/17/2004
Amended by Ord. 2014-02 on 9/16/2014
Amended by Ord. 2017-02 on 2/20/2018

Sec 21-235 Parking Area Landscaping

  1. Applicability. The requirements of this section shall be applicable to all off-street parking areas exceeding four thousand five hundred (4,500) square feet in area. For purposes of this section, the area of an off-street parking area shall be construed to be that portion of a lot which is paved or otherwise improved for the purpose of parking vehicles, including all parking spaces, access aisles, driveways, loading space and vehicle stacking areas and maneuvering space. (See the Development Guidelines Handbook for illustrative examples of application of the requirements of this section).
  2. Existing parking areas. In the case of parking areas existing at the effective date of these provisions, the requirements of this section shall apply when a previously unpaved parking area is paved or when a parking area is reconstructed by removal of existing improvements and replacement thereof. In the case of expansion of any parking area existing at the effective date of these provisions by a cumulative total of more than two thousand (2,000) square feet, the requirements of this section shall apply to the area of expansion, provided that internal landscaping and trees required for the expanded area may be dispersed throughout the entire parking area. In any case where an existing parking area is expanded by a cumulative total of greater than fifty (50) percent of its original area, the requirements of this section shall apply to the entire parking area.
  3. Required internal landscaping. Not less than five (5) percent of the parking area shall be devoted to landscaped islands or other internal landscaping. When landscaped islands located in accordance with the requirements of paragraph (d) of this section result in an area greater than five (5) percent of the parking area, the higher percentage shall apply. When landscaped islands located in accordance with the requirements of paragraph (d) of this section result in an area less than five (5) percent of the parking area, any landscaped area located within the front yard of the lot and in excess of the minimum required landscaped setback or minimum required peripheral landscaping may be credited toward the internal landscaping requirement. All areas to be credited toward the internal landscaping requirement shall consist of trees, shrubs, vegetative ground cover, other plant material, or combinations thereof, and may contain pedestrian walkways incidental to such landscaping.
  4. Landscaped islands. Landscaped islands meeting the standards of this section shall be located within parking areas so that not more than ten (10) parking spaces are situated in a single continuous row, except as provided in paragraph (1) below, and so that each end of each row of parking spaces is separated from adjacent access aisles and driveways by a landscaped island. The following standards shall be applicable to landscaped islands:
    1. Size of landscaped islands. Landscaped islands shall be not less than nine (9) feet in width as measured between the outside faces of curbs or other features that define the landscaped island if curbs are not provided, and shall be not less than the length of the abutting parking spaces. When landscaped islands of not less than fifteen (15) feet in width are provided, such islands may be located so that not more than fifteen (15) parking spaces are situated in a single continuous row. In the case of landscaped islands having irregular width, the width shall be measured at each point where a tree is to be located within the island.
    2. Improvement of landscaped islands. Each landscaped island shall be planted with at least one (1) deciduous tree having a caliper of not less than two and one-half (2 1/2) inches at the time of planting. The type of deciduous tree that should be used can be located on the tree canopy matrix and would consist of those trees that fall under the "shade and parking lot" use category. The appropriate quantity and type of tree shall be approved by the zoning administrator. The island shall also include shrubs, vegetative ground cover, other plant material, or combinations thereof, and may contain pedestrian walkways incidental to landscaping. Healthy existing trees to be preserved shall be credited toward the tree requirement when such trees meet the other requirements of this section, are shown on the approved landscape plan and are adequately protected during construction, provided such trees have a reasonable expectation of survival as determined by the zoning administrator from material contained in the Development Guidelines Handbook or additional supporting date submitted with the landscape plan. Required landscaped islands shall be protected from encroachment by vehicles by curbs, wheel stops or other approved features, and shall not include any portion of a required parking space.
    3. Areas to be credited as landscaped islands. Landscaped islands shall include areas that meet the requirements of this section and are situated in any of the following manners:
      1. Within an otherwise continuous row of parking spaces so as to provide separation between such spaces;
      2. At the end of a row of parking spaces so as to provide separation between such spaces and an access aisle or driveway;
      3. Between opposing rows of parking spaces, or between a row of parking spaces and an access aisle or driveway; or
      4. At the end of a row of parking spaces so as to provide a landscaped corner between rows of parking spaces that are arranged at an angle to one another.
  5. Peripheral landscaping. Landscaped areas of not less than five (5) feet in width shall be provided so as to separate off-street parking areas from abutting property, except that this requirement shall not apply where buffer or screening requirements set forth in ATC section 21-236 impose a greater standard, or along a mutual lot line that is subject to a recorded cross-easement enabling vehicle access between abutting lots. Peripheral landscaping shall consist of a continuous planting of trees, shrubs, vegetative ground cover, other plant material, or combinations thereof, and may contain walkways incidental to such landscaping and providing pedestrian access between abutting properties. Peripheral landscaping shall be protected from encroachment by vehicles by curbs, wheel stops or other approved features, and shall not include any portion of a required parking space.
    1. If a minimum of a ten (10) foot peripheral landscape area exists on an adjacent parcel, then the requirement of a five (5) foot peripheral landscape area may be waived provided that:
      1. Adjoining landowners execute a written acknowledgment of their consent to the waiver of such screening criteria and of its legal ramifications.
      2. The waiver is recorded at the register of deeds in both the grantor's and grantee's names.

HISTORY
Adopted by Ord. 2003-16 on 2/17/2004
Amended by Ord. 2011-03 on 10/18/2011
Amended by Ord. 2015-01 on 4/21/2015

Sec 21-236 Buffers, Screening And Location Of Certain Outside Facilities

  1. Buffer and screening on lots adjoining property in RR-1 and residential districts. Where a lot in any business, commercial, industrial or planned development district identified in the table below is adjoining property in an RR-1 or residential district, a continuous buffer not less than the width specified in such table shall be provided on the lot in the business, commercial, industrial or planned development district.

    B-1, B-1D, and B-4 districts: Fifteen (15) feet.
    B-2 district: Twenty-five (25) feet.
    M-1, PMH, PSC and POB districts: Fifty (50) feet.
    1. Applicability and meaning of adjoining property. For purposes of this section, adjoining property shall include property that is contiguous and property that is situated across an alley from the side or rear of a lot, provided that in the case of a planned development district, adjoining property shall include property across a street. Where property in an RR-1 or residential district is situated across an alley from the rear of a lot in a business, commercial or industrial district, screening as required by paragraph (3) of this section shall be provided, and no buffer shall be required.
    2. Uses prohibited in buffers: required screening. No building, structure, parking, loading, vehicle circulation or outside storage or service area shall be located within a required buffer, provided that in planned development districts a buffer along a street may contain permitted signs and approved means of ingress to and egress from a site. All required buffers shall contain visual screening meeting the standards of paragraph (3) of this section.
    3. Exception to buffer requirements. The town council may, after receiving a recommendation from the planning commission, and after giving public notice and holding a public hearing as required by title 15.2 of the Code of Virginia, 1950, as amended, grant an exception to the buffer requirement in a specific case if the adjoining property is designated in the future land use plan for commercial, industrial, office-business use, or mixed use.
  2. Screening of parking areas. Screening which meets the standards of paragraph (e) of this section shall be provided on any lot where an off-street parking area for five (5) or more vehicles is located closer than fifty (50) feet to a lot in an RR-1 or residential district, or to any other lot on which a dwelling use exists as a conforming use under the provisions of this chapter, and where such parking area is not otherwise entirely screened from view from first floor windows of an existing or potential dwelling on the adjoining lot.
  3. Location and screening of loading, trash collection and service areas. Areas for loading and unloading commercial vehicles, facilities for trash collection and similar outside service areas shall not be located in any front yard in any district. Such areas and facilities may be provided to the side or rear of buildings when located or screened in accordance with the standards set forth in paragraph (3) of this section so as not be visible from any street or adjoining property in an RR-1 or residential district.
  4. Location and screening of outside storage areas. In business, commercial, industrial and planned development districts, outside storage of equipment, materials, supplies or products, when permitted by the use regulations in the district, shall not be located in any minimum required front yard. Such outside storage may be provided to the side or rear of buildings when located or screened in accordance with the standards set forth in paragraph (e) of this section so as not to be visible from any street or any adjoining property.
  5. Screening standards. Wherever screening is required by this section it shall be a continuous visual screen not less than six (6) feet in height consisting of a structural fence or wall or evergreen vegetative material, or combinations thereof, provided that:
    1. No chain link, wire mesh, barbed wire or similar material shall be installed at any location visible from a street or adjoining property in an RR-1 or residential district;
    2. Earth berms with slopes no greater than three (3) feet horizontal for each one (1) foot vertical may be used in conjunction with fences, walls or vegetative material to achieve the required screening height;
    3. Structural or planted material may be reduced or deleted where a buffer area is maintained in a natural state, or is supplemented with additional planting, and provides the required continuous visual screening;
    4. In addition to meeting the standards of this section, screening shall be consistent with guidelines set forth in the Development Guidelines Handbook.

HISTORY
Adopted by Ord. 2003-16 on 2/17/2004
Amended by Ord. 2007-09 on 3/20/2007
Amended by Ord. 2014-02 on 9/16/2014

Sec 21-237 Visibility At Intersections

The location of all trees to be planted and all landscaping, buffers and screening required by this article shall comply with the provisions of ATC section 21-258 pertaining to visibility at intersection.

HISTORY
Adopted by Ord. 2003-16 on 2/17/2004

Sec 21-238 Maintenance And Replacement Of Required Landscaping

All required landscaping, trees, buffers and screening shall be maintained and replaced or supplemented as necessary to continue to comply with the standards set forth in this article. All structural features installed to satisfy the requirements of this article shall be maintained, repaired, replaced, painted or otherwise enhanced as necessary to continue to perform the function for which they are intended.

HISTORY
Adopted by Ord. 2003-16 on 2/17/2004

Sec 21-239 Reserved


2003-16

2014-02

2015-01

2017-02

2011-03

2007-09