Franklin City Zoning Code
BUFFERING, SCREENING
AND LANDSCAPING
§ 152.170 PURPOSE AND INTENT.
The Town of Franklin has an abundant and diverse tree and vegetative cover that contributes to the aesthetic value of the town and provides numerous ecological and economic benefits. The landscaping, buffering, and screening standards set forth below require landscaping in certain circumstances and locations in order to achieve the following:
(A) Encourage the preservation of existing trees and vegetation and replenish removed vegetation;
(B) Improve the visual quality of the town and minimize potential negative impacts of development such as noise, dust, glare of lights, parking lots, traffic, heat, overcrowding, and odor;
(C) Provide environmental benefits such as climate modification, decreased energy consumption, reduced stormwater runoff, decreased erosion, improved water and air quality, and protection of wildlife habitat;
(D) Provide a transition between dissimilar land uses to protect abutting properties from potential negative impacts of neighboring development and preserve the character and value of a property and provide a sense of privacy;
(E) Improve standards for quantity, location, size, spacing, protection, and maintenance of plants and other screening materials to assure a high level of quality in the appearance of Franklin while allowing flexibility to promote well designed and creative landscape plantings;
(F) Require the maintenance of landscaping installed to meet the requirements of these standards to ensure that the landscaping continues to thrive and enhance the visual quality of the Town of Franklin.
(Ord. passed 10-1-07)
§ 152.171 LANDSCAPING, BUFFERING AND SCREENING REQUIRED.
Landscaping, buffering and screening shall be required for developments within the planning jurisdiction of the Town of Franklin, including its extraterritorial jurisdiction, as set forth herein.
(A) The following developments must bring the entire site into full compliance with the requirements of this subchapter:
(1) Any new public or private development with the exception of single or two-family homes.
(2) A change of use to a higher impact. For purposes of this section, the following list ranks differing uses from lowest to highest impact: residential, mobile home park, institutional and cultural, commercial, industrial.
(3) Renovations with a total cost exceeding 50% of the assessed value of the building according to Macon County tax records or an appraisal by a state licensed appraiser.
(4) Expansions exceeding 50% of the pre-expansion floor area or paved surface.
(5) Existing unpaved parking lots which are paved over.
(B) Expansions or additions that are less than 50% of the pre-expansion floor area and/or pavement surface must meet the landscaping requirements only in the area around the addition, which is parallel to any edge of the expansion area and extending to the property line or street pavement edge.
(Ord. passed 10-1-07)
§ 152.172 ALTERNATIVE COMPLIANCE.
The landscape requirements are intended to set minimum standards for quality development and environmental protection and are not intended to be arbitrary or inhibit creative solutions. Site conditions or other reasons may justify the need to request an alternate method of compliance with the landscape requirements. The reviewing authority, as specified in §§ 152.050 - 152.062, above, may alter the requirements of this section as long as existing or added landscape features of the development site comply with the intent of this subchapter. Requests for alternative compliance shall be accepted if one or more of the following conditions are met.
(A) Topography, geologic features, drainage channels or streams, existing natural vegetation, overhead or underground utilities, or other conditions make it unreasonable or meaningless to plant a buffer or meet other landscape requirements.
(B) Space limitations, unusually shaped lots, unique relationships to other properties, and/or prevailing practices in the surrounding neighborhood (such as use of a specific type of vegetation) may justify alternative compliance when changing the use type of an existing building in an established mature neighborhood or when developing in an historic district.
(C) An alternative compliance proposal is equal or better than normal compliance in its ability to fulfill the intent of this article and exhibits superior design quality.
(Ord. passed 10-1-07)
§ 152.173 EXISTING VEGETATION.
(A) This section seeks to provide incentives to developers to utilize existing vegetation on a development site in meeting the requirements of this subchapter.
(1) Preservation of existing vegetation. Preserving trees can improve the aesthetic quality of the site and improve property values, provide environmental benefits, mitigate the impacts of development on the community, and help minimize opposition to a proposed development. It is recommended that groups of trees be preserved, as well as individual trees. Existing preserved trees and shrubs may be credited towards required buffer trees, street trees, and parking lot trees, in accordance with division (A)(2), below.
(2) Credits and other incentives to preserve vegetation. Preserved trees may be credited at the following rate:
2 - 6 inch caliper tree = 1 tree
7 - 12 inch caliper tree = 2 trees
13 - 18 inch caliper tree = 3 trees
19 - 24 inch caliper tree = 4 trees
25+ inch caliper tree = 5 trees
(B) If the developer chooses to receive credit, preserved vegetation must be in good health and condition. Trees designated to be preserved must be indicated on the site plan and on landscape and grading plans. Protective barriers, if utilized in accordance with division (C), below, must also be shown on the landscape and grading plans. A preserved tree shall be replaced with the total number of trees which were credited to the existing tree if the preserved tree dies within one year of preservation.
(C) Protection of existing trees during construction. The regulations contained in this section shall apply in those circumstances when a developer has elected to protect trees during construction and, thus, after the passage of five years, be excused from the requirement to replace preserved trees.
(1) No grading or other land-disturbing activity can occur on a site with existing trees which are designated to be preserved in order to meet landscaping requirements until protective barriers are installed by the developer and approved by the Land Use Administrator or his or her designee. Trees designated for preservation which are counted toward the landscape requirements must be protected by barriers, while trees designated for preservation which do not count toward the landscape requirements are encouraged to be protected by barriers. The diameter of the preserved trees and the location of protective barriers must be shown on landscape and grading plans with the dimension between the tree trunk and barrier indicated.
(2) (a) Protective barriers shall be placed around the critical root zone of preserved trees that are within 50 feet of any grading or construction activity. The critical root zone is a circle extending around the tree with a one-foot radius for every one-inch of tree diameter. For example, a ten-inch diameter tree would have a barricade surrounding it, erected ten feet away from the trunk. All protective barriers must be maintained throughout the building construction process. Protective barriers shall consist of one or more of the following:
1. A fence which is at least three feet high and constructed in a post and rail configuration, using two-by-four posts and one-by-four rails; or
2. A fence with posts placed no farther than ten feet apart covered with four-foot orange polyethylene laminar safety fencing.
(b) The Land Use Administrator may authorize other protective barriers which meet or exceed the protection offered by the above.
(3) (a) All contractors must be made aware of the areas designated for protection. No disturbance can occur within the tree protection areas including the following:
1. Grading;
2. Filling, unless an aeration system, certified by a registered landscape architect, certified arborist, or North Carolina Agricultural Extension Specialist, is installed to protect the tree from suffocation;
3. Parking;
4. Storage of debris or materials, including topsoil;
5. Disposal of hazardous wastes or concrete washout; and
6. Attaching of nails, ropes, cables, signs, or fencing to any tree designated for preservation.
(b) If any area within the critical root zone will be disturbed for any reason, a registered landscape architect, certified arborist, or North Carolina Agricultural Extension Specialist must recommend measures to minimize any potential impact and certify that the activity will not damage the tree under normal circumstances.
(4) The developer should coordinate with utility providers early in the design process to resolve potential conflicts about the placement of utilities and landscape requirements. Utilities must either be placed outside of the tree protection area or, with Planning Department approval, tunneled at least two feet directly below the tree roots, to minimize root damage.
(5) If silt fencing is required to control sedimentation, the fencing must be placed along the uphill edge of a tree protection zone in order to prevent sediment from accumulating in the critical root zone area.
(D) Trees in public rights-of-way. Trees located in any municipal right-of-way cannot be pruned or removed without permission from the Public Works Department.
(Ord. passed 10-1-07)
§ 152.174 GENERAL STANDARDS.
The following general standards shall apply to all landscaping requirements in this subchapter.
(A) Design. Unless otherwise specified, the exact placement of required plants and structures shall be the decision of the developer. The type of plants used shall be limited to those on the approved “species list” which shall be published and revised from time to time by the Land Use Administrator. Required landscaping shall be designed in such a manner as to impart its aesthetic character when viewed from any area accessible to the public or from adjacent properties.
(B) Plant material. Plant materials used for installation shall conform to the standards established by the American Association of Nurserymen in the “American Standard for Nursery Stock,” for each type (i.e., canopy tree, shrub, etc.) with minimum size as appropriate for the minimum caliper size designated in the approved species list. Grass sod, when made a part of a buffer, must be healthy, clean, and reasonably free of weeds, noxious pests, or diseases.
(C) Installation. All landscaping/screening shall be installed in a sound, workmanlike manner and according to accepted good planting procedures with the quantity and quality of plant materials as described. All elements of landscaping shall be installed so as to meet all other applicable ordinances and code requirements.
(D) Maintenance. The owner, occupant, tenant, and the respective agent of each, if any, shall be jointly and severally responsible for the maintenance of all buffers and landscaping. Buffers and landscaping shall be maintained in a good condition to present a healthy, neat, and orderly appearance at least equal to the original installation and shall be kept free from refuse and debris. Dead vegetation and landscaping material shall be promptly replaced with healthy, living plantings. Evergreen hedges shall be trimmed annually or as needed to provide a full visual screen and, in any event, shall not be allowed to exceed eight feet in height without written approval of the Land Use Administrator.
(E) Walls and fences. Any walls used for screening or as part of a buffer shall be constructed in a durable fashion of brick, stone, or other masonry materials. When concrete block is utilized, it shall be finished with stucco on both sides. Wood posts and planks or metal or other materials specifically designed as fencing materials may be approved by the Land Use Administrator for use in a Type C Buffer. Other materials may also be considered through the alternative buffer and screening process described in § 152.172. No more than 10% of the surface of a fence or wall shall be left open, and the finished side of the fence or wall shall face the abutting property. A chain link fence may not be used to satisfy the requirements of this subchapter.
(F) Overhead utilities. Landscaping plans, including plant spacing and species selection shall be such that landscaping required under this subchapter does not conflict with overhead utilities.
(G) Species diversity. When the total number of trees required under the provisions of this subchapter equals 20 or more, then no single tree species shall comprise more than 25% of the trees planted on the development site.
(Ord. passed 10-1-07)
§ 152.175 BUFFERYARDS AND BUFFERS.
Certain land uses may create an adverse impact when developed adjacent to other less intensive land uses. A bufferyard is a permanent unit of land together with plantings and structure(s), if any, which is designed to ameliorate such adverse impacts. Bufferyards, as required in this section, shall be depicted on any site plans reviewed under this ordinance and shall be depicted and described on drawings submitted for the purpose of development plan review. Unless deferred pursuant to a letter of compliance issued under § 152.177, below, buffers shall be emplaced and approved prior to issuance of any certificate of occupancy for the development.
(A) Location of buffers. Buffers shall be located on lot or parcel boundary lines. Buffers shall not be located on any portion of an existing public or private street or right-of-way, whether opened or unopened.
(B) Determination of buffer requirements. To determine a buffer required between two adjacent parcels or between a parcel and a street, the following procedure shall be followed:
(1) Identify the proposed land use.
(2) Identify the use or, if vacant, the zoning district classification, of land adjacent to the proposed use.
(3) Determine the buffer required on each boundary (or segment thereof) of the subject parcel by referring to the following Table of Buffer Requirements. This specifies the buffer required between proposed land uses and existing adjacent land uses or zoning districts.
TABLE OF BUFFER REQUIREMENTS
Proposed Land Use | Existing Land Use/Zoning Classification | |||
Residential | Institutional and Cultural | Commercial | Industrial | |
Residential | x | x | x | x |
Institutional & Cultural | 10-foot B | x | x | x |
Commercial | 10-foot B | 8-foot A | x | x |
Industrial | 25-foot C | 15-foot B | 15-foot B | x |
Notes for table of buffer requirements: Indicated buffering is required if adjacent parcel of land is used or zoned for the category noted regardless whether adjacent parcel is located in the town, the town’s extraterritorial jurisdiction (ETJ), or the planning jurisdiction of another governmental entity. Existing adjacent land use takes precedence over zoning district. Buffer requirement for the district will be used if adjacent land is vacant.
Institutional and cultural category includes religious, recreational, child care and educational uses and the MICR zoning classification.
(C) Buffer specifications. The following schedule sets forth the specifications of each of the buffers included in the Table of Buffer Requirements. Unless noted differently, the column entitled planting requirements refers to number of individual plants required per 100 linear feet of the buffer. The column entitled size requirements refers to the minimum size of individual plants at the time of planting. Unless otherwise noted, dimensions refer to height.
Type of Buffer | Planting Requirement/100 Linear Feet | Size Requirements |
A | 3 Broadleaf canopy trees 20 Evergreen shrubs (4-foot centers) 25 Flowering shrubs | 5 - 6 feet 18 - 24 inches 12 - 18 inches |
B | 4 Broadleaf canopy trees 25 Evergreen shrubs (4-foot centers) 33 Flowering shrubs | 1 1/2 - 1 3/4 inch caliper 18 - 24 inches 18 - 24 inches |
C | 4 Broadleaf canopy trees 10 Understory trees 33 Flowering shrubs Berm Fence or wall on top of berm | 1 3/4 - 2 inch caliper 5 - 6 feet 18 - 24 inches 6 feet 8 feet |
X | No buffer required | Not applicable |
For type A and B buffers, the developer may, at his or her option, substitute a masonry wall for the evergreen shrubs. A wooden fence may be incorporated into a buffer but shall not be allowed to substitute for evergreen shrubs.
(D) Use of buffer. If approved by the Land Use Administrator, a buffer may be used for passive recreation; however, no plant material may be removed and such use shall not be a nuisance.
(E) Buffers part of required yards. Where front, side and rear yards are required by this chapter, buffers may be established within such required yards.
(F) Buffer requirements when a street separates incompatible uses. If a street with right-of-way of more than 30 feet lies between two land uses which would require a bufferyard between them, a buffer shall be required along the affected side or rear property lines of the developing use. No bufferyard is required along the front property line.
(G) Bufferyards in the central commercial district. In order to preserve and promote existing development patterns within the C-1 Central Commercial District, the bufferyard requirements of this subchapter shall not apply therein.
(Ord. passed 10-1-07; Am. Ord. passed 10-20-08)
§ 152.176 SCREENING.
(A) These screening requirements shall apply to any development or use other than single-family or two-family residences. A buffer as specified in this subchapter may be used to meet the requirements of this section. Where practicable, the following uses must be screened from abutting property and from public view from a public right-of-way or a parking lot:
(1) Dumpsters or trash handling areas;
(2) Utility structures associated with a building;
(3) Loading docks or spaces;
(4) Outdoor storage of materials, stock and equipment, which shall not include the display of goods for sale; and
(5) Any other uses for which screening is required under this chapter.
(B) As far as practicable, any screening used to comply with the provisions of this section shall consist of a planting area which is at least five feet wide. This area may contain any type screening materials sufficient to separate visually the land uses, provided such materials meet the requirements of this subchapter. If only a wall or fence is used, then the area devoted to the screen need only be wide enough to accommodate the wall or fence and allow for its maintenance. Where practicable, screening shall be designed and maintained in such a manner as to conceal the use from view from the street, from vehicular use areas, and from adjoining properties.
(Ord. passed 10-1-07)
§ 152.177 LETTER OF COMPLIANCE.
It is recognized that land development occurs continuously and that vegetation used in buffers should be planted at certain times of the year to ensure the best chance of survival. In order to ensure compliance with this subchapter and to reduce the potential expense of replacing buffering, landscaping, or screening materials which were installed in an untimely or improper fashion, a letter of compliance must be filed with the Land Use Administrator at the time of development plan review. A letter of compliance will allow the issuance of a conditional certificate of occupancy. This letter will acknowledge that the applicant for a certificate of development plan is aware of any buffer, landscaping or screening requirements which may apply to his or her property and that he or she will comply with those requirements by a specific date, generally to be within the next planting season, but in no case more than one year after the completion of construction of that portion of the project or building for which the certificate was issued. In no event shall a final certificate of occupancy be issued prior to emplacement and approval of the required buffer, landscaping, or screening. Failure to comply with the provisions of this section within the time noted in the letter of compliance will be a violation of this chapter.
(Ord. passed 10-1-07)
§ 152.178 LANDSCAPING FOR VEHICULAR USE AREAS.
Trees and shrubs are required in and around vehicular use areas with more than six spaces to provide attractive views from roads and adjacent properties, provide shade to reduce the heat generated by impervious surfaces, reduce glare from vehicular use areas, and to help filter exhaust from vehicles.
(A) Perimeter and interior plantings. Vehicular use areas must be planted with at least one tree and two shrubs for every 4,000 square feet of vehicular use area, which includes parking spaces, aisles, driveways, and loading areas. Trees shall be spaced so that no parking space is more than 63 feet from a tree. At least 75% of the required parking lot trees must be broadleaf canopy trees. Trees and shrubs must be planted within 20 feet of the vehicular use area to count as parking lot landscaping; provided, however, all street trees required by other provisions of this chapter shall count as parking lot landscaping.
(1) When a development contains 20 or more parking spaces, 50% of the trees and shrubs must be planted in islands or medians located within the parking lot. Tree islands shall be evenly distributed throughout the parking lot in order to provide an even tree canopy throughout the lot. At a minimum, such tree islands shall consist of an area at least equal in size to two parking places side-by-side (360 square feet). Parking bays shall be broken up with landscaped islands or medians to avoid long monotonous rows of parking. Planting trees in groups is encouraged to increase the total amount of planting area for roots to grow.
(2) At the time of planting, trees and shrubs required in this section shall meet the following minimum size requirements:
(a) Broadleaf canopy trees: one and one-half to two-inch caliper;
(b) All other trees: five to six feet in height;
(c) All shrubs: height or spread of 18 to 24 inches.
(B) Planting strips. When a vehicular use area lot is located within 100 feet of an abutting property and no bufferyard is required, a planting strip which is a minimum of five feet wide shall be planted between the vehicular use area and the abutting property, 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 vehicular use area. Fifty percent of these trees and shrubs may be counted toward the parking lot trees and shrubs required in division (A) if the planting strip is located within 20 feet of the vehicular use area. Adjacent businesses on separate lots which share parking or driveways shall be exempt from this requirement provided that the required planting strip would interfere with the reasonable use of the shared parking or driveway. Vehicular use areas located behind buildings and screened from view from public rights-of-way shall be exempt from this requirement.
(C) Buffering from street. Vehicular use areas greater than 4,000 square feet any portion of which is located within 50 feet of the right-of-way of a street must be buffered from the street. The buffer shall be at least three feet high at maturity and can consist of plant material alone, or berms, fences, walls, or grade changed combined with plant material. A vegetative buffer shall consist of at least one evergreen or deciduous shrub planted for every five linear feet of buffer required. If a fence or wall is used, it must be constructed of wood, brick, stone or other masonry and be architecturally compatible with the proposed structure. Seventy-five percent of the fence or wall must be opaque with any spaces evenly distributed. The finished side of the fence or wall shall face the street. At least one shrub shall be planted on the street side for each eight linear feet of fence or wall. Berms and grade changes must be completely covered with vegetation. All shrubs planted can count toward the parking lot landscaping requirements.
(D) Structured parking facilities. Structured parking facilities, or parking decks, shall be excused from the parking lot landscaping requirements contained in this section but shall comply with the provisions of this paragraph. In the event that any openings for ventilation, service, or emergency access are located at the first floor level in the building facade, then they shall be an integral part of the overall building design. These openings as well as pedestrian and vehicular entrances shall be designed to minimize visibility of parked cars. The remainder of street level frontage shall be either commercial space or an architecturally articulated facade designed to minimize the visibility of parked cars. All levels of a structured parking facility shall be designed and screened in such a way as to minimize visibility of parked cars. In no instance will rails or cabling alone be sufficient to meet this screening requirement. The design elements of this paragraph shall only apply to building facades which are visible from a public right-of-way.
(E) Automobile sales facilities. Automobile sales facilities, due to the fact that inventory is typically stored and displayed for sale on vehicular use areas, require separate analysis with regard to the parking lot landscaping requirements in this section. Automobile sales facilities are, accordingly, exempted from the need to comply with interior parking lot landscaping requirements for that portion of an automobile sales facility utilized exclusively for the display of goods for sale. Automobile sales facilities are required to comply with the perimeter and planting strip requirements of this section; provided, however, such facilities shall be permitted one display area, which shall not be required to be screened, for each 100 feet of roadway frontage. Each display area shall extend no more than 50 feet in length.
(F) Effect on other regulations. Areas devoted to meeting the landscaping requirements of this section may count toward the common open space requirements contained in §§ 152.090 - 152.105, hereof. Where site characteristics and development considerations make it prudent and feasible, landscaping proposed to meet the requirements of this section may also contribute toward meeting the buffering and screening requirements contained in this subchapter.
(G) Small lots. Small lots, defined as lots with less than 75 feet of frontage on a roadway or with less than 75 feet of depth, may have site constraints which make strict compliance with the regulations contained in this section a hardship. In such cases, the approving authority for the town may approve deviations from such regulations so long as the plans of development are consistent with the goals and objectives stated herein.
(Ord. passed 10-1-07)
§ 152.179 BUFFER REQUIREMENTS WHEN A STREET SEPARATES INCOMPATIBLE USES.
If a street with right-of-way of less than 30 feet lies between two land uses which would require a bufferyard between them, a buffer shall be required along the affected side or rear property lines of the developing use. No bufferyard is required along the front property line.
(Ord. passed 10-1-07)