Badin City Zoning Code
SCREENING AND
LANDSCAPING
§ 155.095 INTENT.
(A) The intent of these screening requirements shall be to separate certain zoning districts from other zoning districts or to screen certain uses in order to minimize potential nuisances such as the transmission of noise, dust, odor, litter and glare of lights; to reduce the visual impact of unsightly aspects of adjacent development; to provide for the separation of spaces; and to establish a sense of privacy.
(B) Screening and buffering shall be required under the following situations listed in this subchapter.
(Ord. passed - -, § 5.4)
§ 155.096 BETWEEN CERTAIN ZONING DISTRICTS AND STRUCTURES AND BUSINESSES.
(A) Screening and buffering is required in the following circumstances.
(1) When a lot in an industrial district (M-1 or M-2) abuts a lot in a residential (R-A, R-20, R-10) district, screening must be provided on the industrial lot in the form of a Grade 6 screen/buffer, as illustrated in Figure 6, meeting the requirements of §§ 155.100, 155.101, 155.102, 155.104 and 155.105 of this chapter;
(2) When a lot in a business (C-B, G-B) district abuts a lot in a residential district (R-A, R-20, R-10), screening must be provided on the business lot in the form of a Grade 5 screen/buffer, as illustrated in Figure 5, meeting the requirements of §§ 155.100, 155.101, 155.102, 155.104 and 155.105 of this chapter;
(3) When a lot in an residential district (R-A, R-20, R-10) abuts another lot which contains a multi-family development, screening must be provided on the lot containing said multi-family development in the form of a Grade 4 screen/buffer, as illustrated in Figure 4, meeting the requirements of §§ 155.100, 155.101, 155.102, 155.104 and 155.105 of this chapter;
(4) When a lot in a residential district (R-A, R-20, R-10) abuts another lot which contains a planned unit development where the dwelling units are attached and there are more than six units in a building, screening must be provided on the lot containing said planned unit development in the form of a Grade 4 screen/buffer, as illustrated in Figure 4, and meeting the requirements of §§ 155.100, 155.101, 155.102, 155.104 and 155.105 of this chapter;
(5) When a lot containing a use subject to the issuance of a conditional use permit in an industrial district (M-1 or M-2) abuts a lot in a business district (C-B, G-B), or the Town Council may stipulate in the conditional use permit that a version of a Grade 1, 2 or 3 screen/buffer must be provided on the industrial lot meeting the requirements of §§ 155.100, 155.101, 155.102, 155.104 and 155.105 of this chapter must be provided on the industrial (M-1 or M-2) lot. These buffers are illustrated in Figures 1, 2, 3, respectively;
(6) When a telecommunications tower and facility is sited, landscaping shall be added around the outside of the tower fence which encloses the area for tower(s) and equipment shelter(s) in the form of a minimum 20-foot screen/buffer in Grade 6, meeting the requirements of §§ 155.100, 155.101, 155.102, 155.104 and 155.105 of this chapter. The fence shall be on the interior side of the tower, with the landscaping on the outside of the fence area, facing other properties; or
(7) When a lot containing an adult establishment, adult video store or adult hotel or motel subject to the issuance of a conditional use permit abuts a lot in a residential (R-A, R-20, R-10) or business (C-B, G-B) zoning district, screening must be provided on the lot containing said adult use in the form of a minimum 20-foot screen/buffer in Grade 6, meeting the requirements of §§ 155.100, 155.101, 155.102, 155.104 and 155.105 of this chapter.
(Ord. passed - -, § 5.4.1) Penalty, see § 10.99
§ 155.097 INDUSTRIAL PROPERTY LOCATED ACROSS FROM RESIDENTIAL PROPERTY.
(A) When the front yard of a lot developed in an industrial (M-1 or M-2) district is located directly across a public street from a residential (R-A, R-20, R-10) district; screening, at a minimum, must be provided on the industrial (M-1, M-2) lot at a minimum in the form of a Grade 2 screen/buffer, as illustrated in Figure 2.
(C) Screening shall be in the front yard of the lot in the industrial district (M-1, M-2) immediately behind the street right-of-way and shall also meet the design standards of § 155.096 of this chapter.
(D) In lieu of said screen, all principal and accessory structures and off-street parking facilities must be set back in the front yard at least 100 feet from the edge of the road right-of-way.
(Ord. passed - -, § 5.4.3) Penalty, see § 10.99
§ 155.098 OPEN STORAGE AND UNENCLOSED STRUCTURES.
For open-air storage, or an unenclosed structure consisting of a roof, but no walls used for storage of materials, products, wastes or equipment associated with business or industrial uses located in any zoning district within 100 feet of the street right-of-way, screening must be provided on the subject property so as to materially screen said storage in the form of a berm, wall or fence or an appropriate amount of natural plantings as to provide the necessary amounts of screening to effectively screen the storage from view from any adjacent lot or street right-of-way. Standards for screening are found in § 155.100 of this chapter.
(Ord. passed - -, § 5.4.4) Penalty, see § 10.99
§ 155.099 ALL ZONING DISTRICTS.
(A) The following uses must be screened from abutting property and from public view from a public street. The landscaping shall be positioned so that shrubs form a continuous, tight screen at mature growth:
(1) Dumpsters or trash handling areas (not including recycling facilities);
(2) Service entrances or utility structures;
(3) Loading docks or spaces; and
(4) Parking lots with over ten parking spaces (excluding new and used automobile sales lots and parking areas for detached, duplex, triplex or quadruplex dwellings on a single lot (Grade 2 screen/buffer, minimum)).
(B) Except as provided in § 155.096 of this chapter, screening shall not be required between any two lots which contain principal residential uses.
(Ord. passed - -, § 5.4.5) Penalty, see § 10.99
§ 155.100 SCREEN AND BUFFER STRIP STANDARDS.
(A) Unless an exception is granted pursuant to § 155.103 of this chapter, the required screening and buffer strip shall, at a minimum, conform to the standards prescribed by either one of the alternatives listed for the grade of screen and buffer required in §§ 155.096, 155.097, 155.098 and 155.099 of this chapter. The alternatives for a Grade 1 buffer are listed and illustrated in Figure 1. The alternatives for a Grade 2 buffer are listed and illustrated in Figure 2. The alternatives for a Grade 3 buffer are listed and illustrated in Figure 3. The alternatives for a Grade 4 buffer are listed and illustrated in Figure 4. The alternatives for a Grade 5 buffer are listed and illustrated in Figure 5. The alternatives for a Grade 6 buffer are listed and illustrated in Figure 6.
(B) To the extent that existing natural vegetation located on the same parcel of land as the proposed development can meet the required screening levels of this section, the use of such materials is encouraged. In such case, the owner shall designate the land on which such materials are rooted, which shall contain at least the minimum width required for the alternative chosen, as the designated buffer area. (See § 155.107 of this chapter.) Additional plantings shall be added, if the buffer is deficient in any way.
(C) (1) To determine the total number of plants required, the length of each side of the property requiring a screen/buffer, minus the area covered by a sight distance triangle as required in § 155.105 of this chapter shall be divided by 100 and multiplied by the number of plants listed for the required screen/buffer. When units of measurement determining the number of required trees shrubs result in a fractional tree or shrub, any fraction of one-half or more shall require one tree or shrub.
(2) For example, an industrial property 180 feet wide in the rear, which abuts a R-20 District, requires a 20-foot buffer. The calculations for the minimum required number of trees and shrubs is as follows:
180, 100 = 1.80
1.80 x 12 trees = 21.6 trees or 22 required
1.80 x 20 shrubs = 36 shrubs required
(D) For required screen/buffers, more than one alternative is shown. The owner of the lot which is required to provide screening and buffering may choose among these options. Unless an alternative prescribes a wall, fence or berm, such measures shall not be substituted for the required amount of plant materials, nor shall such measures be substituted for any required buffer width, except as provided for in § 155.103 of this chapter; provided, however, this requirement shall not prevent the owner from installing such measures as added screening above the minimum so long as all required plant materials are installed on the side of any wall or fence opposite the new development. (See Figure 7.)
(F) No structure other than a wall, fence, sidewalk, mailbox, sign or driveway shall be permitted within a required screen area. No off-street parking may take place in any required screen area. Where plant materials are required, the required amount of plant materials shall be installed on the side of any wall or fence opposite the new development (see Figure 7) unless a waiver of such requirement is granted pursuant to § 155.103 of this chapter.
(G) The height of any screen material required by this chapter in the vicinity of a point of ingress and egress may not exceed three feet in height within the sight triangle depicted in Figure 8.
Area and Height Specifications for Screening Materials at Ingress/Egress Points
[Image Reserved]
(Ord. passed - -, § 5.4.6) Penalty, see § 10.99
§ 155.101 PLANT STANDARDS AND PLANT INSTALLATION STANDARDS.
The following standards shall apply to all new plant material installed as part of a screen required under these regulations.
(A) Trees to be planted shall be selected from the approved species listed in below. The Zoning Administrator may approve alternative large or small maturing trees, excluding sweet gum, catalpa, wild cherry, wild elm, princess, hackberry and tree-of-heaven.
(B) Minimum tree caliper measured six inches above ground on all trees shall be two and one-half inches and the minimum height shall be eight feet. No trees identified as large maturing trees shall be planted within 20 feet of an electrical distribution line. This does not include low-voltage insulated or covered lines of 240 volts or less or telephone or cable television lines.
(C) Shrubs used in any screening or landscaping must be at least two feet tall when planted and shall be of a variety and adequately maintained so that an average height of five to six feet could be expected as normal growth within three years of planting. Shrubs shall be selected from an approved species list shown below.
Approved Species List for Shrubs |
Approved Species List for Shrubs |
Burford Holly |
East Palatka Holly |
Eleagnus |
Japanese Black Pines |
Junipers |
Ligustrums |
Nelly R. Stevens Holly |
Savannah Holly |
Tea Olives |
Wax Myrtle |
Any other variety of shrub, approved by the Zoning Administrator, which has the capacity to provide an equivalent amount of growth and opacity |
(D) All plant material installed shall be free from disease.
(E) Plant materials shall be planted in accordance with generally accepted and recommended planting and growing practices.
(F) All plant material shall be installed in a fashion that ensures the availability of sufficient soil and water to sustain health growth.
(G) All plant material shall be planted in a manner which is not intrusive to utilities or pavement.
(Ord. passed - -, § 5.4.7A) Penalty, see § 10.99
§ 155.102 WALLS, FENCES AND BERMS.
Whenever a screening alternative specified is selected which includes a wall, fence or berm, such wall, fence or berm shall meet the following requirements.
(A) Any wall shall be constructed in a durable fashion of brick, stone or other masonry materials with no greater than 25% of the wall surface left open. All walls, except those constructed of stone, shall be of a consistent pattern. Gates constructed to the standards for fence materials as set forth in § 155.101 of this chapter and division (B) below may be included in the wall to allow passage to maintain the plant materials included in the screen/buffer.
(B) Any fence shall be constructed in a durable fashion of wood posts and/or planks with a minimum diameter or width of three inches and with no greater than 25% of the fence surface left open between posts and/or planks. Wooden gates meeting such standards of opacity may also be included.
(C) No wall or fence used as part of a screen shall be less than six feet, nor more than eight feet, in height above grade.
(D) All berms shall be grassed and/or planted with other plant materials sufficient to prevent soil erosion. If grassed alone, any berm installed to meet the requirements of this section shall be no less than four feet, nor greater than nine feet in height. No slope of a berm shall exceed a slope greater than one foot of rise for every three feet in plane. No part of the berm shall be left as bare soil. Any required plant materials accompanying a berm may be planted on the berm and/or along either side of the berm. It is recommended that, where feasible, at least 75% of any required shrubs be planted on the slope of the berm opposite the new development.
(E) Where a fence or wall is used as part of a required screen area, any required plantings accompanying the fence or wall shall be located on the side of such fence or wall opposite the new development.
(Ord. passed - -, § 5.4.7B) Penalty, see § 10.99
§ 155.103 RELIEF TO REQUIREMENTS.
(A) In the event unusual topography or elevation of a development site or the location or size of the parcel would make strict adherence to the requirements of this section serve no meaningful purpose or would make it physically impossible to install and maintain the required screen and buffer, the Town Council may alter the requirements of §§ 155.096 and 155.097 of this chapter; provided, the spirit and intent of this subchapter are maintained. Such alteration may occur only at the request of the developer, who shall submit a plan to the Town Council showing existing site features that would screen the proposed use and any additional screening materials the developer may propose to have installed. The Town Council shall have no authority to alter the screening and buffer requirements unless the developer demonstrates that existing site features and any additional screening materials will screen the proposed use as effectively as the required screen.
(B) The vacancy or non-use of an adjoining parcel shall not constitute grounds for providing relief to the screening and buffering requirements contained in this chapter. Neither shall the desire of the owner to make more intensive use or greater economic use of the property be grounds for reducing the screening/buffering requirements of this subchapter where the effect of the screening and buffer requirements of this subchapter is to deny the owner reasonable use of the entire tract (or tracts) of property, relief pursuant to this subchapter may be granted to the extent that reasonable use of such tract or tracts is available. In decided whether to approve such a plan, the Zoning Administrator may, at his or her discretion, seek an advisory opinion from the Planning Board.
(Ord. passed - -, § 5.4.8) Penalty, see § 10.99
§ 155.104 MAINTENANCE.
The plantings, fences, walls or berms that constitute a required screen shall be properly maintained in order for the screen to fulfill the purpose for which it is established. The owner of the property and any tenant on the property where a screen is required shall be jointly and severally responsible for the maintenance of all screen materials. Such maintenance shall include all actions necessary to keep the screened area free of litter and debris; to keep plantings healthy; to keep plant growth from interfering with safe vehicular and pedestrian travel, or use of parking areas, or from creating nuisances to adjoining properties. Any vegetation that constitutes part of a screen shall be replaced in the event that it dies. All screen materials shall be protected from damage, by erosion, motor vehicles or pedestrians which could reduce the effectiveness of the screen.
(Ord. passed - -, § 5.4.9) Penalty, see § 10.99
§ 155.105 VISIBILITY AT INTERSECTIONS.
Except as herein provided, on a corner lot in any district, no hedge, shrubbery, tree, natural growth, sign, fence, wall or other obstruction to vision which obstructs cross-visibility at a level between two feet and nine feet above the level of the center of the street (where the projection of the sight triangles intersect the centerline of the street) shall be placed or maintained within the triangular areas formed by the intersection of front or rear lot lines and the side lot line and a straight line connecting points on said lot lines, which are located 15 and 75 feet from the point of intersection, as shown in Figure 9 and 10. In instances where NCDOT site triangle provisions are applicable, such regulations shall prevail.
[Image Reserved]
(Ord. passed - -, § 5.4.10) Penalty, see § 10.99
§ 155.106 IMPLEMENTATION PRIOR TO OCCUPANCY.
Fences, walls, berms and landscaping materials required in this subchapter for screening and buffering shall be installed prior to occupancy.
(A) Improvement guarantees. It is recognized that vegetation used in landscaping or screening should be planted at certain times of the year to ensure the best chance of survival. In order to ensure compliance with this section and to reduce the potential expense of replacing landscaping or screening materials which were installed in an untimely or improper fashion, in lieu of requiring the completion and installation of these improvements prior to occupancy, the town may enter into an agreement with the subdivider/developer whereby the subdivider/developer shall agree to complete all required landscaping and screening. To secure this agreement, the subdivider/developer shall provide to the town one of the following guarantees. The amount of such guarantee shall be equal to 1.25 times the cost of purchasing, installing and completing landscaping and screening materials required under this chapter. All such guarantees shall be subject to the approval of the town and shall be made payable to the town. The subdivider/developer shall provide either one or a combination of the following guarantees:
(1) Surety performance bond(s):
(a) The subdivider/developer shall obtain a performance bond(s) from a surety company authorized to do business in the state. The duration of the bond(s) shall be until such time as the improvements are accepted by the Town Council.
(b) The subdivider/developer shall deposit cash, an irrevocable letter of credit or other instrument readily convertible into cash at face value, either with the town or in escrow with a financial institution designated as an official depository of the town.
(c) If cash or other instrument is deposited in escrow with a financial institution as herein provided, the subdivider/developer shall then file with the town an agreement between the financial institution and himself or herself guaranteeing the following:
1. The said escrow account shall be held in trust until released by the town and may not be used or pledged by the subdivider/developer in any matter during the term of the escrow; and
2. In the case of a failure on the part of the subdivider/developer to complete said improvement, the financial institution shall, upon notification by the town and submission by the town to the financial institution of a landscape architect’s estimate of the amount needed to complete the improvements, immediately either pay to the town the funds estimated to complete the improvements up to the full balance of the escrow account or deliver to the town any other instruments fully endorsed or otherwise made payable in full to the town.
(2) Cash or equivalent security.
(B) Default. Upon default, meaning failure on the part of the subdivider/developer to complete the required improvements in a timely manner as spelled out in the performance bond or escrow agreement, then the surety, or the financial institution holding the escrow account, shall, if requested by the town, pay all or any portion of the bond or escrow fund to the town up to the amount needed to complete the improvements based on a landscape architect’s estimate. Upon payment, the town, in its discretion, may expend such portion of said funds as it deems necessary to complete all or any portion of the required improvements. The town shall return to the bonding firm any funds not spent in completing the improvements. Should the amount of funds needed to complete the installation of all required improvements exceed the amount in the bond or escrow account, the subdivider/developer shall nonetheless be responsible for providing the funds to cover such costs. The subdivider/developer shall at all times bear the financial burden for the installation of all required improvements. A lien shall be attached to the property if the subdivider/developer fails to provide the full financial responsibility under this subchapter.
(C) Release of guarantee security. The town may authorize the Town Clerk to release a portion of any security posted as the improvements are completed and approved by the town. Such funds shall then be released within ten days after the corresponding improvements have been so approved.
(Ord. passed - -, § 5.4.11)
§ 155.107 EXISTING SCREENED AREAS.
In cases where an existing, screened area is located on the same tract as the proposed development, further plantings and or improvements shall not be required so long as said screened area is of sufficient width and depth and contains adequate and sufficient materials to meet the requirements of this chapter. If the screened area is deficient, the developer shall make needed improvements and/or additions to satisfy the screening requirements and intent of this chapter.
(Ord. passed - -, § 5.4.12) Penalty, see § 10.99