Banner Elk City Zoning Code
LANDSCAPING AND
SIDEWALKS
§ 152.130 PURPOSE.
(A) The purpose of this subchapter is to establish landscaping regulations for future multifamily, commercial, planned residential development and industrial development in the town. There are great benefits to preserving our existing trees and replacing diseased ones.
(B) It is the intent of this section:
(1) To enhance the natural beauty and environment and quality of life for the citizens of the town and also protect the public health, safety and general welfare;
(2) To prevent and reduce soil erosion and sedimentation;
(3) To reduce the hazards of flooding and storm water runoff;
(4) To lessen air pollution and increase dust filtration;
(5) To provide shade and thereby reduce heat levels associated with pavement;
(6) To increase natural buffers and thereby reduce the effects of wind and noise;
(7) To strengthen and protect property values; and
(8) To improve community appearance.
(Ord. passed 3-14-2005; Ord. passed 12-8-2008; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 700)
§ 152.131 APPLICABILITY.
(A) A landscaping plan, prepared by a registered architect, landscape architect or professional landscaper, incorporating the requirements of this subchapter shall be submitted with an application for a certificate of compliance (zoning permit) for any permitted or conditional use. The landscape plan shall be reviewed and approved by the town’s Architectural Review Committee.
(B) The landscaping plan shall include the following, existing and proposed landscaping, including, but not limited to:
(1) The location, species and height of new trees and shrubbery. (Shade trees shall be a minimum of two to two and one-half-inch caliper and eight to ten feet in height at the time of planting; ornamental trees shall be a minimum of one and one-half-inch caliper at the time of planting. Shrubs shall be a minimum of 18 inches in height at the time of planting.):
(a) The location and dimensions of planting areas;
(b) The dimensions of the entire parking or paved area; and
(c) The location and height of fences or walls.
(2) The number, location, species and size of existing trees between the principal building and the public street right-of-way which are to be maintained and preserved for credit; the size is to be measured by taking the circumference of the tree at approximately four and one-half feet above the grade (dbh):
(a) The location and description of any barriers to be erected to protect any vegetation from damage both during and after construction; and
(b) Clear edging shall be provided between landscaped areas and pedestrian/vehicle areas.
(Ord. passed 3-14-2005; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 701)
§ 152.132 STREET YARD.
(A) A planting yard comprised of a strip of land containing landscaping materials located along and parallel to a public street, or streets. A STREET YARD is defined as a planting yard comprised of a strip of land containing landscaping materials located along and parallel to a public street, or streets. The street yard is located on private property and not within the street right-of-way. Street yards may have a varying minimum width as specified in this section; however, no street tree can be planted more than 35 feet from the edge of the right-of-way to count as a street tree. The minimum depth of the street yard from the edge of the street right-of-way cannot be less than seven feet; or not less than five from the edge of the sidewalk. The average length of the street yard, running parallel to the right-of-way, shall be at least ten feet.
(B) For street yards, one large shade tree (expected height of 35 feet at maturity) is required for every 50 feet of linear street frontage of the lot minus the width of driveways and access points. Trees do not need to be spaced evenly. They may be clustered with a minimum spacing of 15 feet and a maximum spacing of 75 feet. Ornamental trees (expected height of 25 feet upon maturity) may be used in place of shade trees at the rate of one for every 30 feet. Due to above ground utilities; the town may require the use of ornamental trees in place of large shade trees.
(C) Inclusion of existing trees in the landscape design is encouraged. Shrubbery, ground cover and other planting materials shall be used to compliment the tree planting. No area of the street yard may be exposed soil, but instead shall be covered with vegetation, whether grass or shrubbery. The only area that shall remain uncovered is the six-foot radius surrounding the trunk of any tree; however, this area shall be mulched.
(Ord. passed 3-14-2005; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 702)
§ 152.133 PARKING LOT YARD.
(A) The purpose of parking lot yards is to provide attractive views from roads and adjacent properties; provide shade to reduce the heat generated by impervious surfaces, reduce glare from parking lots and to help filter exhaust from vehicles. A PARKING LOT YARD is defined as a planting yard comprised of a landscaped planting area to be located within or adjacent to the parking area such as landscaped islands, inside medians, between ten parking spaces, and at the end of a parking bay. Parking areas shall be broken up with landscaping and should be screened by hedges, trees, planted berms, shrubs or walls. This section applies to parking lots with ten or more parking spaces.
(B) Parking lots shall provide a minimum 10% net area of landscaping on the interior or exterior of parking lots. All parking areas (not including parking decks) shall provide and maintain landscaped planting areas within the interior of or adjacent to the parking area or both.
(1) Landscaped planting areas are to be located within or adjacent to the parking area as landscaped islands, at the end of parking bays, inside medians or between rows of cars.
(2) There shall be one large shade tree within 60 feet of every parking space.
(3) There shall be one shrub for every 300 square feet of total parking area. Shrubs shall be 18 inches tall at planting and reach a minimum height of 30 inches in three years. No more than 40% may be deciduous.
(4) All trees and shrubs are to be planted within a landscaped planting area not less than 200 square feet in area.
(5) Parking bays shall be broken up with landscaped islands or medians to avoid long monotonous rows of parking; no more than ten spaces shall be located in one continuous row.
(6) Trees and shrubs shall be planted within 20 feet of the parking lot area to count as parking lot landscaping; provided, however, all street trees required pursuant to § 152.132 of this chapter, may not count as parking lot landscaping.
(Ord. passed 3-14-2005; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 703)
§ 152.134 BUFFER YARDS.
(A) General. The purpose of the buffer yard is to provide a transitional area between uses that may differ in development intensity and density. A BUFFER YARD is defined as a planting yard that serves as a visual separation between uses and should be densely planted. No buildings or parking areas may encroach within the buffer yard.
(1) (a) Where a commercial, office, multi-family, institutional or industrial (non-residential) proposed use abuts an existing residential use or residential zoning district, the developer is required to provide a vegetative buffer yard between the residential and proposed uses. This shall be accomplished through the use of densely planted landscaping that would provide complete visual separation within three years of planting, or a combination of shrubs and a six foot fence constructed of masonry or pressure-treated lumber. The buffer yard between non-residential and residential uses shall be eight feet in width. Buffer yards are required to use a mix of evergreen and deciduous trees as well as shrubs. This allows for a more natural setting and doesn’t limit the design to one type of plant that could become diseased and perish, leaving open gaps. All buffer yards are to be maintained and any dead plants shall be removed immediately and are to be replaced as soon as weather permits.
(b) No such buffer shall, however, extend nearer to a street right-of-way line than the established building line of the adjoining residential lot.
(2) When any parking area is located within 100 feet of an abutting property and no buffer yard is required by division (A)(1) above, a planting yard which is a minimum of five feet wide shall be planted between the parking area and the abutting property line, except along approved driveway openings which run perpendicular to the planting strip. One large evergreen or deciduous tree and five evergreen or deciduous shrubs shall be planted for every 40 linear feet of property line that parallels the parking lot area. Fifty percent of these trees and shrubs may be counted toward the parking lot trees and shrubs required in § 152.133 of this chapter, if the planting yard is located within 20 feet of the parking lot area.
(B) Exception: adjacent businesses on separate lots which share parking or driveways shall be exempt from this requirement provided that the required planting yard would interfere with the reasonable use of the shared parking or driveway. Parking areas located behind buildings and screened from view from a public street shall be exempt from this requirement.
(Ord. passed 3-14-2005; Ord. passed 7-13-2015; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 704)
§ 152.135 NON-CONFORMING PARKING LOTS.
Non-conforming parking lots, which are not used as storage but instead have parking as the principal use of the lot, existing at the time of the adoption of this amendment, shall be required to comply with this subchapter and §§ 152.150 through 152.170 of this chapter at such time they increase their parking area or add parking spaces.
(Ord. passed 3-14-2005; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 707)
§ 152.136 LOCATION AND SCREENING OF DUMPSTERS AND OUTDOOR STORAGE.
(A) General. Property owners shall be responsible for providing adequate solid waste receptacles, in accordance with this section, to store solid wastes generated by said properties between scheduled pickups.
(1) Subject to the provisions of this section and after consultation with the owner of the premises concerned, the Zoning Officer shall determine the size, number and type of solid waste receptacles that must be provided for all premises. In making this determination, the Zoning Officer shall consider the type of activities on each premises and the amount of solid waste likely to be generated by those activities, as well as the welfare of the occupants and neighbors of those premises and the town’s need to facilitate collection and minimize the costs of this service.
(2) Unless otherwise determined by the Zoning Officer for good cause shown, when five or more dwelling units are located on a single lot, the owner of the premises shall provide one or more dumpsters so that the following criteria, relating to capacity are satisfied:
(a) Two cubic yards of storage capacity are provided for every eight dwelling units or fraction thereof; provided that, the minimum size dumpster shall be cubic yards.
(b) If more than one dumpster is required, the owner shall provide the smallest number of dumpsters capable of satisfying the requirements stated in division (A)(2)(a) above.
(c) Only dumpsters compatible with town collection equipment will be approved.
(d) Unless otherwise determined by the Zoning Officer for good cause shown, the owners of all premises not required to be served by dumpsters shall provide at least one 30-32 gallon container made of galvanized metal, plastic, rubber or other material resistant to rust, corrosion or rapid deterioration. Each required container shall be water-tight and provided with handles and a tight-fitting cover.
(e) Within commercial districts, where the zoning office determines that a dumpster is not feasible, GDS approved, 96-gallon receptacles will be used.
(3) All solid wastes shall be stored in approved solid waste receptacles pending collection. Solid waste outside receptacles will not be collected. The owner or tenant of a property is responsible for seeing that solid wastes that are too bulky or too cumbersome to be collected by the town as part of its regular collection service, are taken to an approved waste management site for disposal.
(4) All solid waste receptacles shall be cleaned periodically to minimize offensive odors.
(5) The tops, openings and gates to dumpsters shall be kept securely fastened at all times, pending collection.
(B) Location. The location of solid waste receptacles located within the jurisdiction of this chapter shall comply with the following requirements:
(1) Solid waste receptacles shall be located in the rear yard; provided that, when the receptacle cannot be serviced in said location, it may be located in the side yard.
(2) Only in extreme circumstances may receptacles be located in the front yard. Solid waste receptacles must be within the contiguous confines of said business’ lot lines, maintaining setbacks. No receptacles may be placed on a lot detached from an established business.
(3) Dumpsters shall be located with a turning radius acceptable to the GDS driver so as not to jeopardize adjoining buildings, landscaping and other structures.
(4) No dumpster shall be located closer than ten feet from any rear or side yard line or street right-of-way. The exception is in the C-1 District as detailed in § 152.028 of this chapter.
(a) Where no right-of-way exists, no dumpster shall be located closer than 15 feet from the centerline of any traveled way.
(b) No dumpster shall be located closer than 25 feet from any stream. For a designated trout stream, per the Division of Water Quality, the setback shall be 30 feet.
(5) Where existing dumpsters are currently located on properties, the property owner or the leasing tenant owning or leasing the dumpster, shall relocate the dumpster to the rear or side yard and screen as required. Extreme hardships shall be reviewed on an individual basis by the Zoning Officer. The owner or leasing tenant of existing dumpsters shall have one year from the effective date of this section to comply with these requirements.
(C) Screening. Solid waste receptacles shall be screened from visibility from any adjacent property or right-of-way, except where existing structures, topography, or vegetation provide screening which meets the standards of this section. For the purpose of this section, SCREENING shall mean one of the following:
(1) Coated chain link fencing with plastic inserts. Coating and matching inserts shall be black or green;
(2) The same materials as the main structure;
(3) Masonry that complies with architectural design standards;
(4)
Pressure treated wood slats placed no more than one-half inch apart;
(5) Metal shall be used when bear-proofing is needed. Metal shall be painted a color that blends into the environment, black, brown, or dark green.
(6) Where feasible, a row of evergreen shrubs or trees, on all sides exposed to adjacent property or rights-of-way, excepting the service side, shall be planted. These shall be planted between three and four feet apart and not more than five feet from the screening fence. When planted, the plants shall be a minimum of three feet in height and reach a minimum height of six feet within three years;
(7) If both fencing and plant screening are provided, in accordance with the requirements listed above, the solid waste receptacle may be located within five feet of a side or rear property line;
(8) All screening shall extend a minimum of six inches above the top of the solid waste receptacle;
(9) Screening shall be located no more than five feet from the dumpster’s location, and provide a minimum width of 12 feet for the service entrance;
(10) The service entrance doors shall be coated chain link with matching plastic inserts of black or green. All service entrance doors shall be maintained closed, except for servicing; and
(11) Maintenance of screening materials shall be the responsibility of the property owner and the tenant leasing the solid waste receptacles. Fencing that does not meet the standards of this section, or plant material that dies shall be replaced in accordance with the requirements of this section.v
(D) Construction of dumpster sites.
(1) All dumpsters shall be placed on a minimum (ten feet by ten feet) square concrete pad. Concrete shall be six inches thick, 5,000 psi with #4 or #5 rebar, six inches by six inches WI.4 xWl.4 wire mesh, on a five-inch AB stone base.* Pad shall have a one-fourth per foot slope toward the entrance to the pad.
(2) Within pad, the back of the screening shall be protected by two four-inch diameter steel bollard posts, poured solid.
(3) The front corners of the gate shall be protected by two four-inch diameter steel bollard posts, poured solid.
(4) There shall be a minimum ten-foot wide by six-foot deep concrete apron at the entrance to the dumpster pad. Apron shall be six inches thick, 5,000 psi with #4 or #5 - 6"X6" WI.4XWI.4 reinforcement and a five-inch AB stone base. Alternatively, the apron may be an eight-inch AB stone base with a three-inch binder and one and one-half asphalt top coat.*
(5) Required modifications if business has any type of food service:
(a) Dumpster pad shall have two, centrally located drains. One drain shall be tied to an approved in-line grease trap. After passing through this trap, drainage shall continue on into the sanitary sewer. This line shall only be open when dumpster is being cleaned/washed. The second drain shall be open at all other times and tied to the storm drainage system.
(b) The pad shall have a one-fourth inch slope toward the drains.
(c) There shall be 11 foot square with a six-inch curb around the sides and back of the pad.
(d) The five-inch stone base will be #67 stone as opposed to AB stone.
(e) Ninety-six gallon or smaller receptacles will be placed on a masonry pad with approved screening, curbing and drains. If cleaning will be done in a separate approved can wash facility, tied to an approved inline grease trap, a second drain will not be required in the receptacle pad.
(6) The following recommended details below (at the end of this section) may be modified and reviewed on an individual basis: notes to aid in reading details:
(a) Five thousand psi means concrete mix gauged to hold 5,000 pounds per square inch.
(b) #4 or #5 means (one-half) inch diameter rebar every ten inches.
(c) Six-inch by six-inch WI.4xWI.4 means number 0.4 gage six-inch by six-inch wire mesh.
(d) Eight-inch stone, three-inch binder, one and one-half is the formula for using asphalt top coat.
(e) #67 stone is required under food service pad to facilitate drainage.
(f) *Instead of rebar and wire mesh, 5,000 psi concrete/fiberglass mix may be used.
(7) As dumpster pad construction is a multi-phase process, the following permit process must be followed:
(a) Inspection and approval of drainage system in food service sites;
(b) Inspection and approval of stone, rebar and concrete construction, slope, size, bollards and apron;
(c) Posted compliance to permit before dumpster may be placed; and
(d) There will be no charge for this permit.
(E) Outdoor storage.
(1) Outdoor storage areas of automobiles, machinery, equipment and building supplies in non- residential districts shall be screened from any public street or right-of-way and shall be applicable to all zoning districts. Opaque screening shall consist of a fence, wall, landscaped berm or evergreen vegetation, which will provide an opaque screening at maturity or within three years of planting. A combination of evergreen vegetation and fencing may be used to achieve the required screening; chain link fencing may be used in combination with evergreen vegetation if the chain link fence is coated in a natural color such as green.
(2) Outdoor storage areas referenced in division (B) above existing at the time of adoption of this chapter shall submit a screening plan to the Zoning Administrator within six months of adoption of this chapter. Upon approval of the screening plan by the Zoning Administrator, screening shall be installed within one month. Screening plans utilizing landscaping shall have three years from approval of the screening plan to provide full opaque screening; as such time will allow for maturity of vegetation. All screening shall be maintained by the property owner to meet the original screening ordinance intent.
(Ord. passed 3-14-2005; Ord. passed 7-11-2005; Ord. passed 7-14-2008; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 708)
§ 152.137 SIDEWALKS.
(A) General. All sidewalks identified in the town’s Pedestrian Plan, dated July 2009 shall be constructed in accordance with the town’s sidewalk construction standards and specifications. In no case shall any sidewalks identified in the town’s Pedestrian Plan be constructed by standards other than those specified in the sidewalk construction standards and specifications.
(B) Responsibility to construct sidewalk. Whenever a zoning permit is issued for new commercial or an addition to an existing commercial construction, which requires architectural review in accordance with § 152.085 of this chapter, in conjunction with property identified in the town’s Pedestrian Plan, dated July 2009, it shall be the responsibility of the owner of the property to construct that segment of said sidewalk which adjoins his property. The town’s Pedestrian Plan having been adopted by the Town Council shall be permanently kept on file in the office of the Zoning Administrator. The sidewalk shall be designed and constructed in accordance with the town’s sidewalk construction standards and specifications.
(Ord. passed 3-14-2005; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 709)