- LANDSCAPING2
Editor's note— An amendment adopted June 19, 2017, amended Ch. 8 in its entirety to read as herein set out. Former Ch. 8, §§ 8.1—8.6, pertained to similar subject matter, and derived from an ordinance adopted June 20, 2016.
8.1.1 Purpose.
The purpose of this Chapter is to regulate the protection, installation and long-term management of trees and shrubs and to minimize potential nuisances, such as visual impacts, noise, dust, odor, litter and glare of lights, from adjacent properties. The appropriate use of existing and supplemental landscaping enhances the appearance of built environment and blends new development with the natural landscape. Existing vegetation should be retained where possible to ensure a natural established landscape.
8.1.2 Applicability.
(A)
All new developments (except for infill single-family or two-family detached residential uses on existing lots) shall be designed in accordance with the requirements of this Chapter. Any expansion of greater than 20 percent of an existing building or parking area or a significant change of use also requires compliance with the requirements of this Chapter, to the greatest extent possible as determined by the Administrator.
(B)
Generally, the responsibility for screening is that of the more intense land use. However, new developments with a less intense use being constructed next to an existing more intense use shall provide the required landscaping on the new development's property.
(C)
In cases where an existing, landscaped or vegetated area is located on the same property as the proposed development, further plantings and or improvements shall not be required so long as said screened area is of sufficient width and contains adequate and sufficient materials to meet the requirements of this Ordinance. If the landscaped or vegetated area is deficient, the developer shall make needed improvements and/or additions to satisfy the landscaping requirements and intent of this Ordinance.
8.1.3 Relief from Landscaping Requirements.
(A)
In the event that the unusual topography, location of existing buildings, or location or size of the parcel to be developed 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 landscaping, the Administrator may alter the requirements of this Section provided the spirit and intent of the Section are maintained. Such an alteration may occur only at the request of the developer, who shall submit a plan to the Administrator showing existing site features that would screen the proposed use and any additional screen materials the developer may propose to have installed.
(B)
The vacancy or non-use of an adjoining parcel shall not constitute grounds for providing relief to the landscaping requirements contained in this Ordinance. Neither shall the desire of an owner to make a more intensive use or greater economic use of the property be grounds for reducing the landscaping requirements.
(Amend. of 6-19-17)
8.2.1 To the extent that existing natural vegetation located on the same parcel of land as the proposed development can meet the required landscaping levels of this Section, the use of such materials is encouraged. In such case, these areas shall be designated on the development plan as undisturbed vegetation areas.
8.2.2 No structure other than a wall, fence, sidewalk, mailbox, sign or driveway shall be permitted within a required landscaping area. No off-street parking may take place in any required landscaping 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.
(Amend. of 6-19-17)
The provisions of this Section are designed to specifically address the application of landscape resources to varying styles of development and the impact of such applications on the appearance, health and financial well-being of the community. The provisions are broken into four (4) landscaping categories:
• Buffer Yards
• Street Yards
• Parking Lot Yards
• Building Yards
• Residential Yards
FIGURE 8.1: LANDSCAPING YARDS
8.3.1 Buffer Yards.
(A)
Buffer yards area intended to screen non-residential development from residentially used or zoned property. Buffers shall be measured from the subject property line into to the site to be developed. Buffer yard width shall not affect the required building setback for each zoning district as set forth in Section 3.4. The following table establishes the minimum buffer width for a new or expanding non-residential development adjacent to residentially-zoned property (R-20, R-15, R-8, or R-6) or property with an existing residential use:
(B)
Buffer yards shall function as opaque visual screens with a minimum height of six (6) feet. Composition of a required buffer yard may include a wall, solid fence, landscaped berm, planted vegetation, existing vegetation, or any appropriate combination of these elements to achieve adequate screening. At a minimum buffer yards that do not include a fence shall include the following vegetation:
* Under overhead utility lines, two (2) small trees shall be used in lieu of each large tree required.
(C)
Vegetation shall be selected from the approved plant list in Section 8.4.1. At least 25 percent of the required trees, and at least 75 percent of the required shrubs, shall be evergreen species locally adapted to the area. The use of existing vegetation to satisfy this requirement is encouraged. Supplemental planting may be required in addition to native materials.
FIGURE 8.2: EXAMPLE 15-FOOT BUFFER YARD
8.3.2 Street Yard.
(A)
A street yard is required parallel to the public roadway designed to provide continuity of vegetation along the right-of-way and pleasing view from the road. The landscaped area shall be penetrated only by driveways and crosswalks.
(B)
Street yards shall not be required in the C-1 or C-T zoning district or in any zoning district where the building is within 10 feet of the street right-of-way.
(C)
The minimum width of a street yard shall be ten (10) feet and shall be located within the twenty (20) foot section of the lot closest to the public right-of-way.
(D)
The street yard shall be landscaped and maintained with a ground cover that prevents the growth of weeds. The street yard shall be planted at the following rate, not counting driveway and crosswalk area.
*Under overhead utility lines, two (2) small trees shall be used in lieu of each large tree required.
FIGURE 8.3: EXAMPLE STREET YARD
8.3.3 Parking Lot Yard.
(A)
Parking lot landscaping is required within all parking lots of greater than ten (10) spaces except motor vehicle or boat sales display areas. Instead, perimeter landscaping around motor vehicle or boat sales display areas shall be utilized at the same rate as required in subsection (B) below.
(B)
A minimum of one (1) large tree shall be located within 60 feet of every parking space. The measurement shall be taken from the base of the tree. Additionally, no more than four (4) parking rows shall be located back-to-back without the separation of a landscaping area and walkway a minimum of ten (10) feet wide.
(C)
Large trees shall be planted in a manner that provides shade for parking area at maturity. Two (2) small trees shall be used in lieu of large trees under overhead utility lines. Each planting area shall be a minimum of 49 square feet, with a minimum dimension of seven (7) feet. Planting areas shall be protected with concrete curbing.
8.3.4 Building Yards.
(A)
The intent of Building Yards is to create a buffer between buildings and parking areas for pedestrians entering and exiting buildings and to improve the appearance of building entrances. Building yard width shall be based on the total area of the building. Widths shall be measured from the applicable building wall. Building yards shall be required on any side of the building where parking area is adjacent to a building façade with a general access entrance to the building. This shall not apply to the CB district or to single-family dwellings. The table below establishes the minimum building yard width and required composition of the building yard:
(B)
Building yards may be crossed by entrance walkways of no greater than 10 feet in width. Vegetation shall be selected from the approved plant list in Section 8.4.1. At least 25 percent of the required trees, and at least 75 percent of the required shrubs, shall be evergreen species locally adapted to the area.
FIGURE 8.5: EXAMPLE BUILDING YARD
8.3.5 Residential Yards (single-family residential lots).
(A)
Residential Yard trees are required for every residential development of five (5) or more lots. The intent is to replace some of the trees removed during the grading process and establish a residential tree canopy. Residential Yard trees may be placed anywhere on the property except that at least one (1) tree is placed in the front yard. Each lot shall provide canopy trees in accordance with the following schedule:
(B)
Trees shall be planted outside of the public right-of-way. Maintenance of the trees shall be the responsibility of the individual property owner. Vegetation shall be selected from the large tree portion of the approved plant list in Section 8.4.1. The use of existing vegetation to satisfy this requirement is encouraged.
FIGURE 8.6: EXAMPLE RESIDENTIAL YARD
(Amend. of 6-19-17; Amend. of 12-16-19(1))
8.4.1 Approved Plant List.
Source: North Carolina Division of Forest Resources
Source: NC State University Horticultural Department
8.4.2 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 this Chapter. The Administrator may approve alternative large or small maturing trees excluding Bradford pears, sweet gum, catalpa, wild cherry, wild elm, princess, hackberry and tree-of-heaven.
(B)
Minimum tree caliper at installation measured six (6) inches above ground on all large maturing trees shall be two (2) inches and the minimum height shall be eight (8) feet.
(C)
No trees identified as large trees shall be planted under overhead utility lines or within five (5) feet of a utility easement. This does not include low-voltage insulated or covered lines of 240 volts or less or telephone or cablevision lines.
(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 healthy growth.
(G)
All plant material shall be planted in a manner which is not intrusive to utilities or pavement.
8.4.3 Landscaping Maintenance.
Plantings, fences, walls, or berms that are required landscaping shall be properly maintained. The owner of the property where landscaping is required shall responsible for the maintenance of all landscaping materials. Such maintenance shall include all actions necessary to keep the landscaped 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; and to keep walls, fences and berms in good repair and neat appearance.
FIGURE 8.5[7]: TREE MEASUREMENT TERMS![FIGURE 8.5[7]: TREE MEASUREMENT TERMS](https://mcclibrary.blob.core.usgovcloudapi.net/codecontent/14488/456495/8-5.png)
8.4.4 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 shall be placed or maintained within a sight triangle as defined by this ordinance.
(Amend. of 6-19-17)
(A)
Unless otherwise specified within this Ordinance, fences and walls shall be exempt from setback and yard requirements. Fences may be located up to the property line, but shall not be located in any right-of-way or sight-triangle. For streets without a right-of-way, fences shall be located a minimum of 10 feet from the edge of pavement. Fences may be located closer than 10 feet to the edge of pavement if there is an existing retaining structure, as long as the fence is no closer to the pavement than the existing retaining structure.
(B)
Fences may be installed in the required setback of any residential lot, except that in the required front setback of the lot, the height of such fencing or screening shall be limited to a maximum height of three (3) feet if a solid fence and five (5) feet if the fence is 50 percent or less opaque.
(C)
Fencing in all other setbacks of residential property shall be limited to a maximum height of eight (8) feet except as otherwise specifically stipulated herein. Fences in non-residential districts are limited to eight (8) feet in height.
(D)
The finished side of the fence shall be installed facing the street right-of-way and adjacent properties.
(E)
Barbed wire shall only be permitted for agricultural uses in the R-20 and R-15 districts. In commercial districts (O-I, C-1, C-T, C-2, C-3 and M-1), barbed wire or razor wire shall only be permitted for security purposes in the side or rear yard on fences of eight (8) feet in height.
(Amend. of 6-19-17; Amend. of 12-16-19(1))
The screening requirements of this Section shall apply to the garbage containers, mechanical equipment and outdoor storage for all new and expanding non-residential and multi-family development:
(A)
Any permitted outdoor storage or utility structures shall be screened in the form of a berm, wall or fence and natural plantings as to provide an opaque screen for outdoor storage, waste containers and utility structures. The screen shall exceed the height of the storage or equipment by a minimum of one (1) foot and shall not exceed the height limitations set forth in Section 8.5 for fences and walls and shall not interfere with the operation of utility equipment.
(B)
Dumpsters and other waste collection containers shall not be located in the front yard of any structure.
(C)
Ground-mounted mechanical equipment shall be located in the rear or side yard and screened from view of the street. Roof-mounted mechanical equipment shall be screened from view by a parapet wall or screen wall matching the primary building materials.
(D)
Any fencing used to fulfill the requirements of this Section shall be supplemented with landscaping. Chain link fence with slats shall not be used to meet the requirement of this Section.
(E)
All screens shall utilize building materials and design which are compatible with those used for the exterior of the principal building.
(Amend. of 6-19-17)
- LANDSCAPING2
Editor's note— An amendment adopted June 19, 2017, amended Ch. 8 in its entirety to read as herein set out. Former Ch. 8, §§ 8.1—8.6, pertained to similar subject matter, and derived from an ordinance adopted June 20, 2016.
8.1.1 Purpose.
The purpose of this Chapter is to regulate the protection, installation and long-term management of trees and shrubs and to minimize potential nuisances, such as visual impacts, noise, dust, odor, litter and glare of lights, from adjacent properties. The appropriate use of existing and supplemental landscaping enhances the appearance of built environment and blends new development with the natural landscape. Existing vegetation should be retained where possible to ensure a natural established landscape.
8.1.2 Applicability.
(A)
All new developments (except for infill single-family or two-family detached residential uses on existing lots) shall be designed in accordance with the requirements of this Chapter. Any expansion of greater than 20 percent of an existing building or parking area or a significant change of use also requires compliance with the requirements of this Chapter, to the greatest extent possible as determined by the Administrator.
(B)
Generally, the responsibility for screening is that of the more intense land use. However, new developments with a less intense use being constructed next to an existing more intense use shall provide the required landscaping on the new development's property.
(C)
In cases where an existing, landscaped or vegetated area is located on the same property as the proposed development, further plantings and or improvements shall not be required so long as said screened area is of sufficient width and contains adequate and sufficient materials to meet the requirements of this Ordinance. If the landscaped or vegetated area is deficient, the developer shall make needed improvements and/or additions to satisfy the landscaping requirements and intent of this Ordinance.
8.1.3 Relief from Landscaping Requirements.
(A)
In the event that the unusual topography, location of existing buildings, or location or size of the parcel to be developed 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 landscaping, the Administrator may alter the requirements of this Section provided the spirit and intent of the Section are maintained. Such an alteration may occur only at the request of the developer, who shall submit a plan to the Administrator showing existing site features that would screen the proposed use and any additional screen materials the developer may propose to have installed.
(B)
The vacancy or non-use of an adjoining parcel shall not constitute grounds for providing relief to the landscaping requirements contained in this Ordinance. Neither shall the desire of an owner to make a more intensive use or greater economic use of the property be grounds for reducing the landscaping requirements.
(Amend. of 6-19-17)
8.2.1 To the extent that existing natural vegetation located on the same parcel of land as the proposed development can meet the required landscaping levels of this Section, the use of such materials is encouraged. In such case, these areas shall be designated on the development plan as undisturbed vegetation areas.
8.2.2 No structure other than a wall, fence, sidewalk, mailbox, sign or driveway shall be permitted within a required landscaping area. No off-street parking may take place in any required landscaping 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.
(Amend. of 6-19-17)
The provisions of this Section are designed to specifically address the application of landscape resources to varying styles of development and the impact of such applications on the appearance, health and financial well-being of the community. The provisions are broken into four (4) landscaping categories:
• Buffer Yards
• Street Yards
• Parking Lot Yards
• Building Yards
• Residential Yards
FIGURE 8.1: LANDSCAPING YARDS
8.3.1 Buffer Yards.
(A)
Buffer yards area intended to screen non-residential development from residentially used or zoned property. Buffers shall be measured from the subject property line into to the site to be developed. Buffer yard width shall not affect the required building setback for each zoning district as set forth in Section 3.4. The following table establishes the minimum buffer width for a new or expanding non-residential development adjacent to residentially-zoned property (R-20, R-15, R-8, or R-6) or property with an existing residential use:
(B)
Buffer yards shall function as opaque visual screens with a minimum height of six (6) feet. Composition of a required buffer yard may include a wall, solid fence, landscaped berm, planted vegetation, existing vegetation, or any appropriate combination of these elements to achieve adequate screening. At a minimum buffer yards that do not include a fence shall include the following vegetation:
* Under overhead utility lines, two (2) small trees shall be used in lieu of each large tree required.
(C)
Vegetation shall be selected from the approved plant list in Section 8.4.1. At least 25 percent of the required trees, and at least 75 percent of the required shrubs, shall be evergreen species locally adapted to the area. The use of existing vegetation to satisfy this requirement is encouraged. Supplemental planting may be required in addition to native materials.
FIGURE 8.2: EXAMPLE 15-FOOT BUFFER YARD
8.3.2 Street Yard.
(A)
A street yard is required parallel to the public roadway designed to provide continuity of vegetation along the right-of-way and pleasing view from the road. The landscaped area shall be penetrated only by driveways and crosswalks.
(B)
Street yards shall not be required in the C-1 or C-T zoning district or in any zoning district where the building is within 10 feet of the street right-of-way.
(C)
The minimum width of a street yard shall be ten (10) feet and shall be located within the twenty (20) foot section of the lot closest to the public right-of-way.
(D)
The street yard shall be landscaped and maintained with a ground cover that prevents the growth of weeds. The street yard shall be planted at the following rate, not counting driveway and crosswalk area.
*Under overhead utility lines, two (2) small trees shall be used in lieu of each large tree required.
FIGURE 8.3: EXAMPLE STREET YARD
8.3.3 Parking Lot Yard.
(A)
Parking lot landscaping is required within all parking lots of greater than ten (10) spaces except motor vehicle or boat sales display areas. Instead, perimeter landscaping around motor vehicle or boat sales display areas shall be utilized at the same rate as required in subsection (B) below.
(B)
A minimum of one (1) large tree shall be located within 60 feet of every parking space. The measurement shall be taken from the base of the tree. Additionally, no more than four (4) parking rows shall be located back-to-back without the separation of a landscaping area and walkway a minimum of ten (10) feet wide.
(C)
Large trees shall be planted in a manner that provides shade for parking area at maturity. Two (2) small trees shall be used in lieu of large trees under overhead utility lines. Each planting area shall be a minimum of 49 square feet, with a minimum dimension of seven (7) feet. Planting areas shall be protected with concrete curbing.
8.3.4 Building Yards.
(A)
The intent of Building Yards is to create a buffer between buildings and parking areas for pedestrians entering and exiting buildings and to improve the appearance of building entrances. Building yard width shall be based on the total area of the building. Widths shall be measured from the applicable building wall. Building yards shall be required on any side of the building where parking area is adjacent to a building façade with a general access entrance to the building. This shall not apply to the CB district or to single-family dwellings. The table below establishes the minimum building yard width and required composition of the building yard:
(B)
Building yards may be crossed by entrance walkways of no greater than 10 feet in width. Vegetation shall be selected from the approved plant list in Section 8.4.1. At least 25 percent of the required trees, and at least 75 percent of the required shrubs, shall be evergreen species locally adapted to the area.
FIGURE 8.5: EXAMPLE BUILDING YARD
8.3.5 Residential Yards (single-family residential lots).
(A)
Residential Yard trees are required for every residential development of five (5) or more lots. The intent is to replace some of the trees removed during the grading process and establish a residential tree canopy. Residential Yard trees may be placed anywhere on the property except that at least one (1) tree is placed in the front yard. Each lot shall provide canopy trees in accordance with the following schedule:
(B)
Trees shall be planted outside of the public right-of-way. Maintenance of the trees shall be the responsibility of the individual property owner. Vegetation shall be selected from the large tree portion of the approved plant list in Section 8.4.1. The use of existing vegetation to satisfy this requirement is encouraged.
FIGURE 8.6: EXAMPLE RESIDENTIAL YARD
(Amend. of 6-19-17; Amend. of 12-16-19(1))
8.4.1 Approved Plant List.
Source: North Carolina Division of Forest Resources
Source: NC State University Horticultural Department
8.4.2 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 this Chapter. The Administrator may approve alternative large or small maturing trees excluding Bradford pears, sweet gum, catalpa, wild cherry, wild elm, princess, hackberry and tree-of-heaven.
(B)
Minimum tree caliper at installation measured six (6) inches above ground on all large maturing trees shall be two (2) inches and the minimum height shall be eight (8) feet.
(C)
No trees identified as large trees shall be planted under overhead utility lines or within five (5) feet of a utility easement. This does not include low-voltage insulated or covered lines of 240 volts or less or telephone or cablevision lines.
(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 healthy growth.
(G)
All plant material shall be planted in a manner which is not intrusive to utilities or pavement.
8.4.3 Landscaping Maintenance.
Plantings, fences, walls, or berms that are required landscaping shall be properly maintained. The owner of the property where landscaping is required shall responsible for the maintenance of all landscaping materials. Such maintenance shall include all actions necessary to keep the landscaped 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; and to keep walls, fences and berms in good repair and neat appearance.
FIGURE 8.5[7]: TREE MEASUREMENT TERMS![FIGURE 8.5[7]: TREE MEASUREMENT TERMS](https://mcclibrary.blob.core.usgovcloudapi.net/codecontent/14488/456495/8-5.png)
8.4.4 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 shall be placed or maintained within a sight triangle as defined by this ordinance.
(Amend. of 6-19-17)
(A)
Unless otherwise specified within this Ordinance, fences and walls shall be exempt from setback and yard requirements. Fences may be located up to the property line, but shall not be located in any right-of-way or sight-triangle. For streets without a right-of-way, fences shall be located a minimum of 10 feet from the edge of pavement. Fences may be located closer than 10 feet to the edge of pavement if there is an existing retaining structure, as long as the fence is no closer to the pavement than the existing retaining structure.
(B)
Fences may be installed in the required setback of any residential lot, except that in the required front setback of the lot, the height of such fencing or screening shall be limited to a maximum height of three (3) feet if a solid fence and five (5) feet if the fence is 50 percent or less opaque.
(C)
Fencing in all other setbacks of residential property shall be limited to a maximum height of eight (8) feet except as otherwise specifically stipulated herein. Fences in non-residential districts are limited to eight (8) feet in height.
(D)
The finished side of the fence shall be installed facing the street right-of-way and adjacent properties.
(E)
Barbed wire shall only be permitted for agricultural uses in the R-20 and R-15 districts. In commercial districts (O-I, C-1, C-T, C-2, C-3 and M-1), barbed wire or razor wire shall only be permitted for security purposes in the side or rear yard on fences of eight (8) feet in height.
(Amend. of 6-19-17; Amend. of 12-16-19(1))
The screening requirements of this Section shall apply to the garbage containers, mechanical equipment and outdoor storage for all new and expanding non-residential and multi-family development:
(A)
Any permitted outdoor storage or utility structures shall be screened in the form of a berm, wall or fence and natural plantings as to provide an opaque screen for outdoor storage, waste containers and utility structures. The screen shall exceed the height of the storage or equipment by a minimum of one (1) foot and shall not exceed the height limitations set forth in Section 8.5 for fences and walls and shall not interfere with the operation of utility equipment.
(B)
Dumpsters and other waste collection containers shall not be located in the front yard of any structure.
(C)
Ground-mounted mechanical equipment shall be located in the rear or side yard and screened from view of the street. Roof-mounted mechanical equipment shall be screened from view by a parapet wall or screen wall matching the primary building materials.
(D)
Any fencing used to fulfill the requirements of this Section shall be supplemented with landscaping. Chain link fence with slats shall not be used to meet the requirement of this Section.
(E)
All screens shall utilize building materials and design which are compatible with those used for the exterior of the principal building.
(Amend. of 6-19-17)