The purpose and intent of this chapter is to establish standards to guide development that is aesthetically pleasing and compatible within the context of the surrounding area. These guidelines are intended to allow for creativity and diversity, and avoid monotony in design. Unless otherwise specifically provided, or unless clearly required by the context, the words and phrases used in this chapter shall have the meanings defined in Chapter 163.

   (A)   Applicability.

      (1)   The standards and guidelines contained in § 157.01 shall apply to all new nonresidential structures and to expansions or alterations of any such existing building where the expansion or alteration exceeds 50% of the building value as assessed for real property taxes.

      (2)   All development subject to this chapter shall utilize a design that enhances existing city architectural styles, designs and forms and creates visual character. Enhancement shall be achieved through techniques such as varied roof lines, the use of similar proportions in building mass and outdoor spaces, similar relationships to the street, relief of the visual effect of long extensive walls, and the use of building materials that have natural color, including primary colors, shades and textures that adds architectural interest to the facade.

   (B)   Building design standards. Design standards promote creativity and innovation while discouraging obtrusive, incongruous structures. The city discourages architectural style that does not enhance or add visual character to the city. The city supports the view that inspiring, well-maintained and harmonious development is in the best economic development interests of all residents and businesses.

      (1)   Emphasize human scale. Building design shall emphasize a human scale at ground level, at entryways, and along street frontages through the creative use of windows, doors, columns, canopies and awnings.

      (2)   Major building design features proportional. Major building design features, such as windows, doors, eaves and parapets, shall be designed to be in proportion to one another.

      (3)   Structural lines retained at storefront level. The structural lines of a building and its materials shall be retained at the storefront level. For instance, brick piers and columns shall be carried down to street level.

      (4)   Awnings and canopies. Awnings and canopies shall complement the color and material of the building to which they are affixed.

      (5)   Massing. A single, large, dominant building mass shall be avoided. Where large structures are required, mass should be broken up through the use of setbacks, projecting and recessed elements, and similar design techniques. Changes in mass shall be related to entrances, the integral structure, and/or the organization of interior spaces and activities and not merely for cosmetic effect.

   (C)   Avoiding monotony of design. Monotony of design in single or multiple building projects shall be avoided by varying detail, form and siting to the maximum extent practical, within the standards set forth in this chapter, to provide visual interest.

   (D)   Harmony of design. The purpose of this section is to enhance the design character of existing development, to add visual character to the community, and to promote harmony in the visual relationships and transitions between new and older buildings or an upgrade from the surrounding area by complementing other buildings of good design. New buildings should respect the scale, and proportion of existing development.

      (1)   Building color shades. Building color shades shall be used to facilitate blending into the neighborhood and unify the development. The color shades of building materials shall draw from the range of color shades that already exist on the block or in the adjacent neighborhood.

      (2)   Building materials. Building materials shall either be similar to the materials already being used in the neighborhood or, if dissimilar materials are being proposed, other characteristics such as scale and proportions, form, architectural detailing, color and texture, shall be utilized to ensure that enough similarity exists for the building to be compatible, despite the differences in materials.

      (3)   Similar size and height for infill development. New infill development shall either be similar in size and height or, if larger, be articulated and subdivided into massing that is proportional to the mass and scale of other structures on the same block, or if buildings do not exist thereon, then on adjoining blocks.

      (4)   Unify individual storefronts. If several storefronts are located in one building, the individual storefronts shall be unified in all exterior design elements, such as mass, window and door placement, color, materials and signage.

      (5)   Additions and renovations. Building additions and facade renovations should be designed to reflect existing buildings in scale. A change in scale may require a transitional design element between the new development and existing buildings.

      (6)   Varying architectural styles. In developments with multiple structures of varying architectural styles, buildings shall be compatible by such means as a pattern of architectural features, similar scale and proportions, and consistent location of signage.

   (E)   Architectural character. Architectural character focuses on the specific details that greatly affect the overall appearance of a particular development. These architectural character standards in this section provide direction in aspects of color, facade materials, rooflines and the enhancement of entryways. The primary goal is to define the “finishing touches” that provide the development with a sense of permanence, style and compatibility. The city discourages proposals that have not taken these matters into account. The city policy is that all development be treated as a lasting contributor to the community and as a “good neighbor” to its surroundings.

      (1)   General form.

         (a)   Each building shall have a primary facade that faces a public street, private street or which has the main public entrance.

         (b)   The primary facade may have a clearly identifiable base, body and cap with defining elements, or may have other architectural features that express quality design characteristics by providing other coherent and complete styles of architecture (see Figure 157-1).

         (c)   Any building facade that is not the primary facade, and that has frontage along a private drive, parking area or street, shall be considered a SECONDARY FACADE.

         (d)   Secondary facades shall also have a clearly-identifiable design quality, using materials and architectural elements similar to the primary facade.

         (e)   Any facade that does not face a street, private drive or parking area, but is adjacent to a primary or secondary facade, shall continue around the corner any required architectural elements of the adjoining facade for a distance equaling at least 20% of the length of the facade.

      (2)   Wall plane.

         (a)   Architectural elements can be used to define bays, add interest and variety; relieve the visual effect of long extensive walls; and split tall structures into human scale.

         (b)   All primary and secondary facades greater than 100 feet in length, measured horizontally, shall incorporate building wall offsets including recesses and projections along at least 20% of the length of the facade. Windows, awnings and arcades shall total at least 60% of the facade length abutting a public street.

         (c)   Facades greater than 100 feet in length, measured horizontally, shall incorporate a repeating pattern of change in color, texture and material modules. All elements should repeat at intervals of no more than 30 feet, either horizontally or vertically.

         (d)   Rooflines, windows, doors, stairwells, porches, pilasters and breaks in the facade may be used to establish bays.

         (e)   Replacement of windows on the facade of an existing building shall be accomplished by using windows of the same trim, size and character as the original or by using a different style of window that complements the architectural style of the building.

         (f)   Bays may project or recess four inches or greater.

         (g)   Landscaping may be used to give the sense of break in long facades. Berms with shrubs and trees of sufficient size to break up facade planted next to the building may be used. Landscaping should be shown on architectural rendering and meet the requirements of § 157.03. (Figure 157-2 depicts acceptable method for breaking long facade and 157-3 does not.)

         (h)   Canopies and awnings may be used and are encouraged.

         (i)   Another way to break facade is through a change of materials or textures. See Figure 157-4.

      (3)   Entryways.

         (a)   Entryway design elements and variations shall provide orientation and aesthetically pleasing character to the building. The following standards identify desirable entryway design features. Each principal building on a site shall have clearly defined, highly visible customer entrances featuring no less than three of the following (see also Figures 157-5 and 157-6 as examples):

            1.   Canopies or porticos;

            2.   Arcades;

            3.   Overhangs;

            4.   Recesses/projections;

            5.   Raised corniced parapets over the doors;

            6.   Peaked roof forms;

            7.   Arches;

            8.   Wing walls;

            9.   Outdoor patio;

            10.   Display windows;

            11.   Planters; and

            12.   Architectural details such as tile work and moldings which are designed into the building structure and overall design.

         (b)   All sides of a principal building that directly face an abutting public street shall feature at least one customer entrance.

         (c)   Variations in color schemes are encouraged in order to articulate entryways and public amenities so as to give greater recognition to these features.

      (4)   Building materials/colors.

         (a)   Each building shall be constructed with approved primary surface materials.

         (b)   Approved primary surface materials shall include:

            1.   Brick or glazed brick;

            2.   Wood;

            3.   Fiber cement (hardiplank);

            4.   Stone, cast stone, marble or similar material;

            5.   Stucco or synthetic stucco;

            6.   Tinted and textured concrete masonry;

            7.   Concrete (pre-cast or cast-in-place);

            8.   Glass;

            9.   Metal composite panels;

            10.   Split face block;

            11.   Concrete block may be permitted on interior sides and rears provided it matches the color of the corresponding surface materials; and

            12.   Rigid frame metal.

         (c)   If renovating structure, brick, stone or wood facades shall not be covered or replaced with artificial siding or panels. Synthetic materials that resemble or match the original facade can be used.

         (d)   Secondary materials may be used to add architectural interest. They may consist of one or more primary materials, or any other (appropriate) material that adds architectural interest.

         (e)   Facade with main entrance may be glass (including windows and doors) or combinations of glass and materials listed in item division (4)(b) above.

         (f)   Variations of materials and textures are encouraged with each storefront in multi-tenant buildings.

         (g)   It is recommended that primary surface materials shall be natural colors including primary colors, or have “earth” tones (i.e., gray, white, beige, brown or brick). See Figure 157-7.

         (h)   Secondary materials may be any color.

      (5)   Metal buildings.

         (a)   Metal may be used as a primary material if a non-metal base is established which raps around the side and rear of the building, and a pitched roof is provided. (Figure 157-8 depicts unacceptable use of metal and 157-9 acceptable design.)

      (6)   Base.

         (a)   Each primary facade may have a clearly identifiable base, or the wall materials may extend to the floor slab or into the ground if the material is appropriate for ground contact (such as masonry or stone). Wood, glass, stucco and the like, will terminate above grade.

         (b)   A landscaped building yard may be used to define the base. See Figures 157-10 and 11.

Examples of building yards (Figures 157-10 and 11):

   Figure 157-10            Figure 157-11

         (c)   Soldier course may be used to define the base. Soldier course - often a complete course of brick laid on end vertically, with narrow side exposed in the face of the wall.

See Figures 157-12 and 13.

   Figure 157-12            Figure 157-13

         (d)   A change of materials may be used to define the base.

         (e)   A “water table” may be used to provide a clear distinction between the base of the building and the middle. See Figures 157-14 through 16.

      (7)   Body.

         (a)   Each required facade shall have a defined body.

         (b)   The body should be the area between the base and the cap.

         (c)   The body of the building should be broken up in order to avoid long monotonous walls as described in division (E)(2), unless the wall is a design element.

         (d)   Structures in complexes without street frontage shall have their main entrance on a primary facade.

         (e)   New buildings shall be oriented so that the largest and longest facade faces the primary road. To the maximum extent feasible, new buildings shall be oriented or designed to minimize shadows falling on public or semi-public spaces.

         (f)   All exterior walls visible from a parking lot or public right-of-way in any zoning district except the LI (Light Industrial) and HI (Heavy Industrial) zoning districts shall be clad with the same material required for the front of the building. Buildings in the LI and HI zoning districts are required to provide the same material as the front of the building for at least 25% of the area of the side facades and 100% of the area of side facades directly facing a public right-of-way. All walls not visible from a parking lot or public right-of-way, or the remaining 75% of the side facades in the LI and HI zoning districts, may be constructed of alternate material(s), but shall be of a color that is complimentary to the primary material, and is incorporated into the overall color scheme of the building. See also division (4)(b).

      (8)   Roofs. The following standards are intended to foster variations in roof lines to soften and reduce the massive scale of large buildings:

         (a)   Roof lines shall be varied to reduce the scale of structures and add visual interest. See Figure 157-23.

         (b)   Roof shape (for example: flat, hip, mansard or gable) and material shall be architecturally compatible with facade elements and the rest of the building. Can include cornices, fascias, dormers and overhangs (See Figures 157-17 through 157-20 below).

         (c)   If roof cornices have been removed or damaged on an existing building, renovations of that building must include retaining, repairing and replacing the roof cornices if previously removed.

         (d)   Flat roofs must be enclosed by a parapet that screens mechanical equipment from view by pedestrians at street level.

         (e)   The height of the parapet shall not exceed one-third of the height of the supporting wall. The parapet shall not be of a constant height for a distance greater than 150 feet.

         (f)   Green roofs and solar panels are encouraged. Solar panels shall be at the same slope of the roof. Otherwise they should be located at the rear of the building or on the ground. See Figures 157-24 through 157-27.

   (F)   Evidence of compliance. The Planning and Inspections Director shall require the evidence of ability to comply with the building design standards as set forth in this section as the Director deems necessary prior to issuance of a certificate of zoning compliance.

   (G)   Appeal. Appeals of the Planning and Inspections Director’s interpretation of this section shall be made to the Board of Adjustment.

(Ord. passed 7-25-2011)

   The operational compatibility standards in this section shall apply to all uses and shall be in addition to all other requirements of the code of ordinances, including any AICUZ Overlay District requirements as specified in Chapter 154.

   (A)   Glare. Glare from arc welding, acetylene torch cutting or similar processes shall be contained within a completely enclosed and vented building.

   (B)   Heat and humidity. Uses, activities and processes shall not produce any unreasonable, disturbing or unnecessary emissions of heat or humidity at the property line of the site on which they are situated, which cause material distress, discomfort or injury to a reasonable person.

   (C)   Noise. No activity or operation subject to this UDO shall exceed the maximum permitted sound levels as set forth in this chapter and in Chapter 93 of the city code of ordinances.

   (D)   Vibration. No use, activity or process shall produce vibrations that are perceptible without instruments at the property line for more than three minutes in any one hour of the day between the hours of 7:00 a.m. and 10:00 p.m., or for more than 30 seconds in any one hour between the hours of 10:00 p.m. and 7:00 a.m.

   (E)   Operational/physical compatibility. The following conditions may be imposed upon the approval of any development to ensure that it is compatible with existing uses, including, but not limited to, restrictions on:

      (1)   Hours of operation and deliveries;

      (2)   Location on a site of activities that generate potential adverse impacts on adjacent uses, such as noise and glare;

      (3)   Placement of trash receptacles;

      (4)   Location of loading and delivery areas;

      (5)   Location, intensity and hours of illumination;

      (6)   Placement and illumination of outdoor vending machines, telephones, ATMs and similar outdoor services, structures and activities;

      (7)   Additional landscaping and buffering;

      (8)   Height restrictions to preserve light and privacy and views of significant features from public property and rights-of-way;

      (9)   Preservation of natural lighting and solar access;

      (10)   Ventilation and control of odors and fumes; and

      (11)   Dust-control paving.

   (F)   Evidence of compliance. The Planning and Inspections Director shall require the evidence of ability to comply with appropriate performance standards, mitigation measures and conditions as set forth in this section as the Director deems necessary prior to issuance of a certificate of zoning compliance.

   (G)   Appeal. Appeals of the Planning and Inspections Director’s interpretation of this section shall be made to the Board of Adjustment.

(Ord. passed 7-25-2011)

   (A)   Purpose and applicability.

      (1)   Purpose. Protection of the city’s natural environment and enhancement of the community’s built environment with installation and maintenance of new landscape areas are important to the city and its citizens. The regulations of this section are a tool to ensure these goals are accomplished. The purposes of this section are:

         (a)   To enhance the visual character of the community, and preserve the economic value of property by screening objectionable views within and between uses and provide assistance in noise abatement;

         (b)   To encourage the proper use of the land by promoting an appropriate balance between the built environment and preservation/conservation of open space;

         (c)   To preserve and improve property values and protect private and public investment through preservation of open space, protection of the existing tree canopy, providing buffers between incompatible uses and along roadways, and encouraging the planting of new vegetation as deemed appropriate;

         (d)   To promote the aesthetic quality of property that provides important psychological, sociological and aesthetic counterpoints to the human-made urban setting;

         (e)   To preserve the climatic balance while contributing to the process of air purification and oxygen regeneration and to add environmental value by reducing glare and heat, decrease wind velocity and to promote energy conservation by maximizing the shading and cooling effects of trees;

         (f)   To preserve the ecological value of property by the stabilization and fertilization of soil and the prevention of soil erosion;

         (g)   To consider the guidelines and recommendations in the city’s CAMA Land Use and Comprehensive Plan;

         (h)   To preserve, protect and enhance the identity, character and business economy of the city; and

         (i)   To set forth development standards and requirements for preserving existing vegetation and installation of new landscape areas.

      (2)   Application. The requirements of this section shall apply to:

         (a)   All new or changed uses of land, buildings, and structures located within the City Planning and Zoning Jurisdiction which are not exempted in division (A)(3) below; and

         (b)   Any use of building or structure which sits idle more than 180 consecutive days or is abandoned, except those uses exempted in divisions (A)(3)(a) through (3)(d) below.

      (3)   Exemptions. None of the landscaping and screening requirements of this section shall apply to:

         (a)   Existing uses and buildings, including repairs, alterations or improvements to the interiors and exteriors of existing buildings which do not result in a change of use or additions or expansions to the buildings;

         (b)   Expansion of existing structures where the cost of the expansion project is less than or equal to 50% of either the current tax value or appraised value of the existing structure(s);

         (c)   Areas inside the designated right-of-way of a public or private street; or

         (d)   Federal property owned by Cherry Point Marine Corps Air Station unless mutually agreed upon.

   (B)   General provisions.

      (1)   Landscaping plans. Landscaping plans shall be submitted for projects described in § 157.03(A)(2), as part of required site plan approvals for the applicable Zoning Permits specified in § 153.10.

      (2)   Plant species and sizes. Recommended plant species and minimum plant sizes that meet the requirements of this chapter for landscaping buffers, parking areas and other development areas are defined in § 157.03(E) and Appendix C - UDO Approved Plant List.

      (3)   Pre-design conference. A “pre-design” conference with the Zoning Administrator is strongly encouraged to understand the requirements of this section.

      (4)   Alternative methods of compliance.

         (a)   Alternative landscaping plans, plant materials, planting methods and street yard and buffer yard widths may be used where unreasonable or impractical situations would result from strict application of landscaping requirements or where necessary to protect existing vegetation. The situations may result from streams, natural rock formations, topography, protected riparian buffer locations, other physical conditions; or from lot configuration, utility easements or unusual site conditions. Alternative landscaping plans may propose different plant materials, methods and locations if the quality, effectiveness, durability and performance are equivalent to that required by this section. Sufficient evidence or proof may be required with alternative landscaping plans to substantiate any claim that may be made regarding the proposed plans, materials or methods. Alternative plans shall be considered for approval as part of the normal site plan approval process as specified in § 153.10.

         (b)   A combination of natural vegetation, fences, walls, stones and berms may be utilized to achieve the requirements of this section provided that the following standards are met.

            1.   Walls (a minimum of five feet in height), or an opaque fence (a minimum of five feet in height) may be used to reduce the width of a required buffer yard.

            2.   Understory trees may be substituted for canopy trees if, in the opinion of the Zoning Administrator upon conferring with the electrical utility provider, a conflict exists with overhead utility lines.

            3.   Wall planters shall be constructed of masonry, stone or pressure treated lumber and shall have a minimum height of 30 inches. The minimum height of shrubs in wall planters shall be 12 inches. The effective planting area of the wall planter shall be four feet in width. The minimum height of trees in wall planters shall be six feet. The effective planting area of the wall planter shall be seven feet in width.

            4.   Any berm utilized for screening purposes shall comply with the standards and requirements of division (E) below.

   (C)   Perimeter and streetscape buffer yards.

      (1)   Applicability. All land uses as defined in § 157.03(A) shall provide perimeter buffer yards and streetscape buffer yards, as defined herein, to separate that use from adjacent land uses.

      (2)   Purpose of buffers. Preserving existing vegetation or planting new landscaping shall be provided in order to:

         (a)   Shield properties from any adverse external effects of adjacent development, so as to mitigate incompatibilities between adjacent uses;

         (b)   Mitigate residential development from the noise and glare impacts of major collector and thoroughfare roadways;

         (c)   Preserve open space;

         (d)   Preserve or create tree canopy and vegetation:

         (e)   Minimize future increases in stormwater runoff; and

         (f)   Improve appearance of developments.

      (3)   Landscaped or re-vegetated buffers. If the Zoning Administrator determines that there is not an existing buffer or it has been disturbed to the extent it does not meet the specifications herein described, then a re-vegetated buffer shall be installed pursuant to this section.

      (4)   Type and width of buffer required.

         (a)   Table 157-1 determines the type and minimum width of existing or landscaped perimeter and streetscape buffer yards that must be preserved or installed on-site for each proposed principal land use. Buffer types are defined in division (C)(5) below.

         (b)   Any side or rear yard of any proposed principal use that abuts a residential use or residential district shall provide, in addition to the buffer requirements of Table 157-1, a six-foot fence with 80% opacity.

      (5)   Types and required criteria for buffers. The four types of natural and landscaped buffers that appear in Table 157-1 are described below along with criteria for each. Figure 157-28 graphically displays what is intended for each buffer. Each of these buffer types may be achieved by meeting the requirements listed below or by an approved alternative method that meets the performance requirements. The preservation and use of natural vegetation is the preferred method of meeting the buffer and landscape requirements, as specified in divisions (C)(6)(d) and (7) below.

         (a)   Type A. For every 50 linear feet, or fraction thereof, the five-foot wide buffer yard shall

contain: one canopy tree, two under story trees and three shrubs.

         (b)   Type B. For every 50 linear feet, or fraction thereof, the ten-foot wide buffer yard shall contain: two canopy trees or four under story trees, and six shrubs.

         (c)   Type C. For every 50 linear feet, or fraction thereof, the 15-foot wide buffer yard shall contain: two canopy trees or four under story trees, and six shrubs and a six-foot fence with 80% opacity.

         (d)   Type D. For every 50 linear feet of frontage, or fraction thereof, the six-foot wide street yard shall contain: one under story tree with sidewalks or planters built within or upon the sidewalk. Sidewalk requirements are detailed in § 157.06. Type D buffer yards are intended to be used as streetscapes in new subdivisions and nontraditional residential developments in addition to required buffer yards as listed in Table 157-1.

 

      (6)   General buffer standards.

         (a)   Coverage. All portions of required perimeter and streetscape buffer yards not planted with trees or shrubs or covered by a wall, driveway or other barrier shall be planted with grass, ground cover or natural mulch of a minimum depth of three inches.

         (b)   Placement. New plantings comprising the buffer shall be spread across the entire span of the buffer, not planted in a row or rows, and not concentrated in a limited number of clustered locations such that the purpose of the buffer is violated (as defined in division (C)(2) above).

         (c)   Location.

            1.   The perimeter buffers shall be located along the outer perimeter of the parcel and shall extend to the parcel boundary line or right-of-way line; however, the buffers may be located along shared access easements between parcels in nonresidential developments.

               a.   Within nonresidential centers/developments, the perimeter buffer area between outparcels may be shifted totally or in part, elsewhere on the site.

               b.   For example, a 15-foot buffer width between like uses may be shifted elsewhere on the site preferably interior to the site as long as the total area is provided for.

               c.   The intent of this section is to provide for more flexibility in designing sites and potentially save larger natural areas elsewhere on the site.

            2.   Stormwater management structures may be allowed in a buffer provided that it can be landscaped to meet the intent of the buffer requirements.

            3.   All perimeter buffer yards and streetscape buffer yards shall not obstruct the view of motorists using any street, private driveway, parking aisles or the approach to any street intersection so as to constitute a traffic hazard or a condition dangerous to the public safety upon any such street, driveway, parking aisle or street intersection. Existing healthy vegetation may be removed and no new plantings shall be installed, within required sight triangles as noted in the signage section of this chapter.

           (d)   Existing vegetation, fences, walls and berms.

            1.   An existing natural buffer consists of existing vegetation, soils, surface waters and topography. Where possible, required buffers should remain in an undisturbed condition; but if the buffer is not a stream buffer or located in a floodplain, some maintenance may be necessary to prevent overgrowth or removal of noxious or poisonous species.

            2.   Existing healthy and significant vegetation within the required buffer shall be preserved where possible and credited toward standards for the type of buffer required, unless otherwise approved by the Zoning Administrator at the time of site plan approval, pursuant to division (C)(7) below.

            3.   Existing soils within the buffers shall remain intact and undisturbed, unless otherwise approved by the Zoning Administrator at the time of site plan approval, pursuant to division (C)(7) below.

            4.   Existing berms, walls or fences within the buffer, but not including chain link fencing, may be used in part to fulfill the requirements for the six-foot tall screen where required, provided that these elements are healthy and/or in a condition of good repair.

            5.   Other existing site features within the required buffer area which do not otherwise function to meet the standards for the required buffer shall be screened from the view of other properties or removed, as determined during review and approval of the site plan.

         (e)   New vegetation and other features. If existing significant vegetation and other site features do not fully meet the standards for the type of buffer required, then additional vegetation and site features shall be planted or installed within the required buffer area in order to meet the criteria outlined in division (C)(5) above.

         (f)   No development within required buffers. With the exceptions noted below, the required buffer shall not contain any development, impervious surfaces or site features that do not function to meet the standards of this section or that require removal of existing vegetation. Grading, development or land-disturbing activities shall not occur within the buffer or within the tree protection fence area unless approved by the Zoning Administrator.

            1.   Sidewalks and trails may be placed in buffers provided that damage to existing vegetation is minimized.

            2.   Utilities are not permitted in buffers unless no reasonable alternative exists. If utilities are placed in a buffer, they shall be located and installed in a way that minimizes disturbance of the buffer area (for example, installed not parallel but perpendicular or not less than at a 75-degree angle).

            3.   Streets may not be placed within a buffer except to cross the buffer where necessary to connect to adjoining properties.

      (6)   Natural area buffer credits. The Zoning Administrator may grant credit for the preservation of existing natural vegetation (pursuant to § 157.04) and apply this credit toward meeting perimeter and streetscape buffer requirements, provided the caliper and quantity of the vegetation is equal to or exceeds the specifications herein described. If an existing natural area is to be preserved and used as a required perimeter or streetscape buffer, but it does not meet the required buffer type as specified in Table 157-1, it must be enhanced to meet the specifications. The final buffer shall have the width, amount of vegetation, and other features to properly mitigate negative effects of contiguous land uses.

   (D)   Landscaping for parking areas.

      (1)   Minimum standards.

         (a)   At least 8% of the gross paved area of a parking facility shall be landscaped and located in the interior. For purposes of this section, INTERIOR shall mean the area within the parking facility.

         (b)   Plantings shall be distributed evenly throughout the parking facility.

         (c)   All interior plantings shall be physically protected. Non-mountable concrete curbing shall be provided to prevent vehicles from encroaching onto and overhanging required plantings.

         (d)   Consecutive parking spaces shall incorporate landscaped peninsulas no more than 15 spaces apart and at the ends of all parking rows.

      (2)   Existing vegetation. Existing healthy, well-formed, canopy trees that are preserved on site according to § 157.04 may be counted toward the requirements of this section, provided that these trees are protected, in accordance with division (F) below and § 157.04, before and during development of the site and maintained after development in a healthy growing condition.

   (E)   Other landscaping requirements. The following requirements apply to all landscaping and buffers installed under § 157.03.

      (1)   Plant materials.

         (a)   All tree and plant material selections shall be native or adaptable to the city region and its climate.

         (b)   The city recognizes Crape Myrtle as a widely planted species. The practice of topping such species is discouraged. Topping of this species can contribute to a decline in tree cover canopy and is in direct conflict with the goals of this section. Minimum pruning to develop the crape myrtle’s natural tree form is encouraged.

         (c)   A recommended plant materials list is provided in Appendix C.

      (2)   Plant size. The following are the minimum required sizes at planting:

         (a)   Shrubs: 12 inches in height;

         (b)   Understory trees: six feet in height; and

         (c)   Canopy trees: one inch in caliper, eight feet in height.

      (3)   Berms. All berms used in a perimeter buffer, streetscape buffer or other landscape area shall meet all of the following design standards.

         (a)   The slope of all berms shall not exceed a two-to-one ratio (horizontal to vertical), shall have a top width at least one-half the berm height, and a maximum height of four feet above the toe (top) of the berm. The Zoning Administrator shall approve all berms. Berms proposed to be greater than four feet in height may be permitted if deemed appropriate by the Zoning Administrator.

         (b)   Proposed berms to be placed over an existing or proposed utility easement(s) shall be approved by the Zoning Administrator.

         (c)   Berms shall be vegetated as required by this section. Berms must be stabilized with ground cover to prevent erosion and sedimentation. It is strongly discouraged to use berms as a substitute for existing healthy vegetation. However, if berms are allowed to replace existing vegetation which already meets the standards in this section then they must also meet the buffer standards and must be approved by the Zoning Administrator.

         (d)   Berms shall in no case damage the roots of existing healthy vegetation designated to be preserved.

      (4)   Installation standards.

         (a)   All required landscaping shall be installed in a manner that ensures the availability of sufficient soil and water for healthy growth and that is not intrusive to aboveground and underground utilities.

         (b)   In order to reduce the damage to root systems of existing vegetation within streetscapes, buffers or any other tree save areas, designation of planned utility connection corridors is required to be shown on all development plans to coordinate the location of electrical, telephone, cable and other similar utilities.

         (c)   Understory trees are required to be substituted for canopy trees whenever located within 25 feet of an overhead utility line.

         (d)   Nothing shall be planted or installed within an underground or overhead utility easement or a drainage easement without the consent of the city and the easement holder at the time of site plan approval.

         (e)   Tree planting in or about sidewalks and pavement areas with inappropriate tree species and inadequate soil volume may create damage to sidewalks and pavement and block light penetration to the pavement, preventing rapid evaporation of precipitation. To avoid potential damage to sidewalks and pavement and pooling of precipitation from such situations, a minimum soil volume of two cubic feet shall be reserved per one square foot of crown spread for every tree proposed for planting near sidewalks and pavement areas. The circumference of the tree planting area shall be protected with either mulch mounds or tree grates that will prevent root damage. Detail of this ratio must be included on the landscape plan, as specified in Appendix A.

         (f)   A minimum of 300 square feet of pervious ground area per canopy tree shall be provided (understory trees may be allowed in less area but no less than 240 square feet). Any planting area bounded by an impervious surface should be at least ten feet wide. No canopy tree should be planted closer than five feet to a sidewalk, paved areas or other impervious surfaces (other types of trees may be closer).

         (g)   Culverts, rip rap structures, holding ponds and other stormwater-related devices must be landscaped to reduce their visual impacts. This landscape screening must consist of evergreen plantings and be part of the approved landscape plan.

   (F)   Tree protection during construction.

      (1)   Minimum standards. The following minimum standards apply during construction, in addition to applicable standards from § 157.04.

         (a)   Responsibility. During development of the property, the owner shall be responsible for the erection of barriers necessary to protect any existing or installed vegetation located within the preservation or undisturbed buffer areas from damage both during and after construction.

         (b)   Tree protection fencing. All existing vegetation that is to be preserved, including buffers, shall be fenced with a sturdy and visible fence before grading begins. Fencing of these areas adjacent to existing and proposed roadways is also required. Fencing is required on all city and NCDOT road projects that are adjacent to protected streetscapes or buffers. The fencing must be a minimum four feet high and of durable construction and must be placed outside of the drip line of the tree to be protected. Passive forms of tree protection, such as continuous rope or flagging, may be used to delineate tree save areas that are remote from the area of land disturbance. Both applicant and the Zoning Administrator, in determining the exact location of any tree protection fencing, will consider the existing site conditions. The fence shall be maintained on the site until all site work is completed. It shall be removed before final site inspection for the certificate of occupancy.

         (c)   Tree Protection Zone signs. Tree Protection Zone signs must be installed on the tree protection fence visible on all sides of the fenced in area (minimum one on each side and/or every 300 linear feet).

   (G)   Time limit, installation guarantees, inspections and certificate of occupancy.

      (1)   Time limit.

         (a)   Installation guarantee. All landscaping, including mulching and seeding shall be completed in accordance with the approved development plan before a permanent certificate of occupancy for the site is issued unless the Zoning Administrator grants an exception pursuant to division (G)(1)(b) below. If an exception is granted, an installation guarantee shall be required, that includes:

            1.   A cost estimate provided by a landscape contractor and/or engineer;

            2.   Cash, surety/performance bond or letter of credit that ensures the required landscaping will be completed at a predetermined later date, normally the next planting season but not to exceed one year from date of exception; and

            3.   The amount of the bond/letter of credit shall be for the cost of the plant materials plus the cost of installation, plus 10%.

         (b)   Extensions and exceptions. Extensions and exceptions to the above time limit may only be granted under one of the following conditions:

            1.   Unusual environmental conditions, such as drought, ice, over-saturated soil or inappropriate planting season for the plant species (plantings between June through August are strongly discouraged);

            2.   Substitution or unavailability of plant species or acceptable plant size as specified on the site plan; or

            3.   Circumstances beyond the developer’s or property owner’s control, such as incomplete construction or utility work to occur in a proposed landscaped area within 30 days after expected site completion.

      (2)   Inspections. The Zoning Administrator shall inspect the site before the issuance of a permanent certificate of occupancy for the development, unless exempted under section (G)(1)(b), and shall not issue the permanent Certificate of Occupancy if the landscaping required under this section is not living or healthy or is not installed in accordance with the standards set forth in this section and in accordance with the approved site plan.

   (H)   Maintenance responsibility.

      (1)   In order for any landscaping and screening to fulfill the purpose for which it was established, it must be properly maintained. The owner of the property and any tenant on the property where screening is required will be jointly responsible for the maintenance of all landscaping and screening materials required under this UDO. Maintenance includes actions necessary to keep screening materials healthy, neat and orderly in appearance and free of litter and debris.

      (2)   All screening and landscaping areas must be protected from damage by motor vehicles or pedestrians which could reduce the effectiveness of the screening.

      (3)   Any dead, unhealthy or missing vegetation, or vegetation disfigured by severe or excessive pruning, shall be replaced with locally adapted vegetation that conforms to the standards of this UDO and the approved site and/or subdivision plan. In the case of removal of existing original vegetation from required vegetation protection areas, the replacement requirements of division (J) below shall apply.

      (4)   In the event that any vegetation or physical element functioning to meet the standards of this UDO is severely damaged due to an unusual weather occurrence or natural catastrophe, or other natural occurrence such as damage by wild or domestic animals, the owner may be required to replant if the buffer standards are not being met. The owner shall have one growing season to replace or replant after reconstruction is complete. The Zoning Administrator shall consider the type and location of the landscape buffer or required vegetation area as well as the propensity for natural revegetation in making a determination on the extent of replanting requirements.

      (5)   Any appeals of the Zoning Administrator’s decision relating to the amount of required revegetation shall be made to the Board of Adjustment within ten days following the notice of decision, and the Board of Adjustment shall consider reduction requests at the next available regular meeting.

      (6)   All required buffers, streetscapes, vehicular use areas and other landscaped areas shall be free of refuse and debris, shall be treated for pest/diseases in accordance with the approved site and/or subdivision plan, and shall be maintained so as to prevent mulch, straw, dirt, grass clippings or other materials from washing onto streets and sidewalks.

      (7)   The owner should take actions to protect trees and landscaping from unnecessary damage during all facility and site maintenance operations. Plants must be maintained in a way that does not obstruct sight distances at roadway and drive intersection, obstruct traffic signs or devices, and/or interfere with the use of sidewalks or pedestrian trails. Viable plants shall not be removed, damaged, cut or severely pruned so that their natural form is impaired (shrubs within existing vehicle use areas and streetscapes may be pruned, but must maintain the minimum required height).

      (8)   In the event that existing required vegetation located within any required buffers, streetscapes, vehicular use or other landscape areas poses an immediate or imminent threat to improved structures on private or public property, severe pruning and/or removal of the vegetation is allowable provided prior approval from the Zoning Administrator is obtained, and the performance standard of the landscape area is maintained consistent with this UDO.

      (9)   Unapproved removal of vegetation and/or severe or excessive pruning in non-emergency situations will result in a violation of this UDO.

      (10)   The owner of the property on which a required fence or wall is located shall maintain the fence or wall in a safe and attractive condition. This shall mean the following:

         (a)   No fence or wall shall have more than 10% of its surface area with disfigured, cracked, ripped or peeling paint or other material;

         (b)   A fence or wall shall not stand with bent or broken supports, including loose or missing appendages; and

         (c)   Fences and walls shall be plumb (vertical) to the ground.

   (I)   Replacement of disturbed and damaged vegetation.

      (1)   The disturbance or damage of vegetation within any required buffers, streetscapes, vehicular use areas or other landscape areas required by this chapter, or by zoning condition, shall constitute a violation of the UDO.

      (2)   The natural death of existing vegetation within any required landscape area does not constitute a violation and would not require revegetation to replace the plant material, unless the required landscape area no longer achieves the required performance standards of this chapter.

      (3)   All disturbed or damaged landscaped areas and natural vegetation shall be replanted so as to meet the standards of this chapter, as well as the approved site and/or subdivision plat, if applicable. A replacement planting plan shall be submitted for review and approval by the Zoning Administrator prior to replacement. This plan will ensure proper replacements are made.

      (4)   In situations where existing required vegetation on a developed site or vacant site with an approved site and/or subdivision plat has been removed or damaged in violation of this chapter, the Zoning Administrator may require that the entire site be reviewed and revegetated consistent with the current provisions of this chapter.

   (J)   Compliance. The property owner shall be held responsible for compliance with the provisions of this section and shall cooperate with the city in its efforts to administer and enforce these requirements. Any act constituting a violation of this section that results in destruction, removal or damage of trees, shrubs and any other regulated vegetation without a permit, shall subject the property owner to enforcement proceedings as cited in Chapter 162.

(Ord. passed 7-25-2011)

   (A)   Tree preservation.

      (1)   Preservation and credit. Existing vegetation on all development sites should be preserved to the greatest extent possible and incorporated in the project landscape plan in order to promote the preservation of existing natural areas. Credits for tree preservation toward buffer, parking and other landscaping requirements are available when a tree preservation plan or site plan illustrating trees to be saved is submitted prior to grading the site.

      (2)   Tree Protection Zones (TPZ). The preservation plan should specify the location of temporary tree protection fences to protect trees and their roots during construction. Temporary protection fences (defined in § 157.03(F)) shall be erected and encroachment prohibited in the TPZ area using the following guidelines:

 

 

   (B)   Standards for preservation or replacement. For the purpose of achieving the objectives outlined in § 157.03(A) all new commercial or residential developments shall provide for the preservation or replacement of regulated trees using the following minimum standards.

      (1)   The total number of regulated trees to be retained should be at least 15 trees per acre (less impervious surface area (ex. parking, building)).

      (2)   If there are less than 15 regulated trees per acre on the site, then the difference shall be replaced with new or existing smaller trees, to a total of 15 trees per acre equaling at least one caliper inch per tree planted or retained.

      (3)   If there are no regulated trees on the site, then at least 15 new or existing trees per acre (less impervious surface area) equaling at least one caliper inch per tree shall be planted or retained.

      (4)   In the event a developer clear-cuts a lot or tract and has failed to provide a site plan to the office of Planning and Inspections, the developer shall be required to plant 23 trees per acre (less impervious surface area), each with a minimum caliper of one inch.

      (5)   Regulated trees that are retained may be used to fulfill some of the planting requirements of street yard, parking facilities or buffering, provided they are not damaged by construction activities or the intended use of the property.

(Ord. passed 7-25-2011)

   (A)   Mechanical and utility equipment in nonresidential developments.

      (1)   All site plans shall show appropriate details to demonstrate compliance with this section.

      (2)   Heating, ventilation, air conditioning, and other mechanical and utility equipment, which is located on, beside or adjacent to any building or development shall be fully screened from the view of streets and adjacent property. The screen shall exceed the height of the equipment, shall not interfere with the operation of the equipment, and shall use building materials and design which are compatible with those used for the exterior of the principal building.

      (3)   Where mechanical and utility equipment is located on the roof of a structure, all devices will be fully screened from the view of streets or adjacent property after grading or other improvements are made outside or adjacent to the site.

      (4)   Utility equipment and facilities associated with on-site electric, cable, telephone, gas or other similar utility shall be screened, to the extent possible, with evergreen plantings or other acceptable alternative approved by the Zoning Administrator. It is noted that certain areas around this equipment and facilities must remain clear based on each utility company’s guidelines.

   (B)   Trash containment areas.

      (1)   All site plans shall show method of garbage collection as well as appropriate details to demonstrate compliance with this section.

      (2)   All trash containment devices, including compactors and dumpsters, shall be screened on all four sides.

      (3)   All trash containment devices shall meet the following standards.

         (a)   All trash containment areas shall be enclosed with walls and gates designed to contain windblown litter.

         (b)   The enclosure shall be at least eight feet tall or two feet taller than (whichever is greater) the highest point of the compactor or dumpster.

         (c)   The enclosure shall be made of a material that is at least 80% opaque and compatible with the design and materials of the principal building. The preferable material is masonry with solid metal gates; however, wood or other similar material may be used as long as the material used protects the enclosure from damage caused by unloading the trash container.

         (d)   The screening enclosure must be surrounded with a continuous landscaped buffer composed of shrubs, ground cover and trees that further visually hide the compactor or dumpster from view. Mulch and ground cover used with the vegetative buffer shall be composed of organic materials.

         (e)   All compactors and dumpsters shall be placed on an elevated concrete pad within the enclosure that is a minimum of four inches thick (or larger if needed to provide adequate support).

         (f)   Because of the environmental risk from spills, dumpster pads cannot be in a drainage flow area and must be designed to prevent the leaching of waste.

         (g)   The enclosure shall contain gates to allow for access and security. Gates must be maintained in good working order, and remain closed and secured during inactivity.

      (4)   All driveways and turnarounds leading to the enclosure for use by trash collection vehicles shall be paved with concrete or asphalt.

   (C)   Maintenance.

      (1)   Nonliving screening enclosures shall be maintained, cleaned and repaired by the owner of the property, holder of the easement or occupant/tenant on which the enclosure is located. The enclosures shall be kept free of litter and advertising.

      (2)   Vegetative buffers surrounding the screening enclosures shall be maintained by the owner of the property, holder of the easement or occupant/tenant on which the enclosure is located.

(Ord. passed 7-25-2011)

   (A)   Applicability. The standards and guidelines of this section shall apply to the following uses, as defined in Chapter 155:

      (1)   All new residential subdivisions;

      (2)   All new nontraditional residential developments;

      (3)   All group residential developments;

      (4)   All new nonresidential developments, including manufacturing/industrial, trade, service and cultural/entertainment/recreational uses;

      (5)   All new transportation uses, including facilities and terminals for use by aircraft, automobile, bus, boat, rail, taxi and truck; and

      (6)   An expansion to an existing use listed in divisions (A)(1) through (5) above, that exceeds 50% or more of the current tax or appraised value.

   (B)   Exemptions. The following uses, as defined in Chapter 155, are exempt from the requirements of this section:

      (1)   Single-family, modular homes and manufactured homes on existing individual platted lots of record;

      (2)   Zero lot line detached and semi-attached/duplex homes on existing individual platted lots of record;

      (3)   All accessory uses and structures; and

      (4)   Communication and utility uses.

   (C)   Site plans. Sidewalk details shall be submitted as part of required site plans and plat approvals for the applicable Zoning Permits as specified in § 153.10.

   (D)   Sidewalk requirements. The following requirements apply to all sidewalks installed under § 157.06:

      (1)   Responsibility for installation. Sidewalks shall be installed by the developer.

      (2)   Placement and extent.

         (a)   All sidewalks shall be installed for the entire length of the property abutting a street.

         (b)   All sidewalks shall be placed within the right-of-way, behind the curb.

         (c)   If the sidewalk cannot fit or is disallowed within the existing right-of-way, the developer or property owner/owners will be required to provide the city with an easement to maintain the sidewalks.

         (d)   For subdivisions and nontraditional residential lot developments and the like, sidewalks shall be considered for both sides of all streets. Sidewalks and/or pedestrian walkways shall also be installed to provide access to internal or adjoining recreational areas and facilities, community buildings, schools, commercial areas and other pedestrian-oriented areas.

      (3)   Width, thickness and materials.

         (a)   All sidewalks shall be constructed to a minimum width of five feet.

         (b)   All sidewalks shall consist of a minimum thickness of four inches of reinforced concrete.

      (4)   Construction or payment in lieu of. At the request of the developer, the Board of Commissioners or permit approval authority may accept a payment in lieu of construction per the city’s current fee schedule. All payments received by the city in lieu of construction shall be expended for capital improvements of sidewalk facilities within the city or its extraterritorial jurisdiction.

(Ord. passed 7-25-2011)

   (A)   General requirements.

      (1)   Application. Each application for a zoning permit, building permit or certificate of occupancy submitted to the Zoning Administrator as provided for in Chapter 153 shall include information as to the location and dimensions of off-street parking and loading space(s) and the means of ingress and egress to the space(s). Chapter 153 indicates whether this information needs to be presented on a plot plan or site plan. This information shall be in sufficient detail to enable the Zoning Administrator to determine whether or not the requirements of this section are met.

      (2)   Parking, stacking and loading space(s) required. There shall be provided permanent off-street parking spaces in the amount specified by this section at the time of the erection of any building, change of use of any building, or the addition of 250 square feet or more to any existing building. For purposes of this section, change in use means a change in the category of permitted use type as set forth on Table 157-5.

      (3)   Required number.

         (a)   All developments and uses in all zoning districts shall provide a sufficient number of parking spaces to accommodate the number of vehicles that ordinarily are likely to be attracted to the development or use in question.

         (b)   The minimum number of required off-street parking, stacking and loading spaces is indicated in division (C) below and division (I) below.

      (4)   Handicapped spaces. Spaces for the physically handicapped shall be provided as required by the State Building Code, Volume I-C and the Americans with Disabilities Act of 1990.

      (5)   Reduction of minimum requirements. Unless there is a change in use requiring fewer spaces, the number of spaces shall not be reduced below the minimum requirements of this section.

      (6)   Maintenance. All parking, stacking and loading facilities shall be permanently maintained by the owners or occupants as long as the use they serve exists.

      (7)   Access. All parking, stacking and loading facilities shall have vehicular access to a public street or approved private street.

      (8)   Use for no other purpose. Land used to provide required parking, stacking and loading shall not be used for any other purposes, except for authorized temporary events. If the land is devoted to any other purpose, the Certificate of Occupancy of the affected principal use shall immediately become void.

      (9)   Compliance with air quality standards. The construction of or modification to: open parking lots containing 1,500 or more spaces; or parking decks and garages containing 750 or more spaces shall comply with the concentrated air emissions standards and permitting requirements of the State Division of Environmental Management. (15A NCAC 02D .0805)

      (10)   Parking restrictions. See Chapter 73 of the code of ordinances and this UDO for specific regulations regarding parking restrictions on public streets, including specific parking prohibitions, storage of certain types of motor vehicles and the parking and storage restrictions for oversized motor vehicles.

   (B)   Parking requirements for change in use. If a change in use causes an increase in the required number of off-street parking, stacking or loading spaces, the additional spaces shall be provided in accordance with the requirements of this section; except that if the change in use would require an increase of less than 5% in the required number of parking spaces, no additional off-street parking shall be required.

   (C)   Number of parking and stacking spaces required. The minimum number of required off-street parking spaces required shall be calculated by parking category or by peak service factor, as follows:

      (1)   Parking category.

         (a)   The minimum number of required off-street parking spaces for each permitted use shall be calculated by parking category as shown in Table 157-5, according to the parking requirements shown in Table 157-3. The only exception is for manufactured home parks, which are subject to separate requirements, pursuant to division (C)(3) below.

 

         (b)   In the case of a building or use not expressly provided for on Table 157-5, the number of off-street spaces shall be the same as for a similar use or inclusive category which is provided for.

         (c)   Where there is more than one use of a single structure or on a single tract, or two or more instances of the same use, the minimum number of required off-street parking spaces shall be equal to the sum of the requirements of the various areas.

         (d)   In the case of those uses requiring a special use permit (SUP) or conditional zoning district (CD) as indicated in the Permitted Use Table (Table 155-8), the number of off-street spaces required will be conditional with approval of the SUP or CD.

         (e)   In the case of mixed occupancy, the minimum number of off-street parking, stacking and loading spaces shall be the cumulative total of individual use requirements unless otherwise specified.

         (f)   In no event shall a nonresidential use or the nonresidential component of a mixed use development provide more than 120% of the minimum parking spaces, except through the approval by the Zoning Administrator of a parking demand study, prepared by a qualified professional, which demonstrates the need for parking spaces in excess of 120% of the minimum requirement.

         (g)   Whenever the number of parking spaces required in this section results in a requirement of a fractional space, any fraction of one-half or less may be disregarded while a fraction in excess of one-half shall be counted as one parking space.

         (h)   The Board of Commissioners recognizes that, due to the particularities of any given development, the inflexible application of the parking standards set forth in this section may result in a development either with inadequate parking spaces or parking spaces far in excess of its needs. Therefore, the permit-issuing authority may permit deviations from the requirements of this section and may require more parking or allow less parking whenever it finds that the deviations are more likely to satisfy the general standards delineated in division (A) above.

            1.   The permit-issuing authority may allow deviations, for example, when it finds that a residential development is irrevocably oriented toward the elderly, disabled or other population that demonstrates a lesser parking need or when it finds that a business or service is primarily oriented to walk-in trade.

            2.   The permit-issuing authority may also, for example, require additional overflow or visitor parking in cases where the proposed lot sizes are such that anticipated parking needs for occasional visitors cannot be accommodated on individual lots. Whenever the permit-issuing authority allows or requires a deviation from the requirements of this section, it shall enter on the face of the permit the parking requirement that it imposes and the reasons for allowing or requiring the deviation.

      (2)   Peak space factor.

         (a)   Purpose. Certain uses by their nature may require less parking related to socioeconomic characteristics of users, alternative modes available (bicycle, pedestrian), parking space availability, cost of parking, accessibility, peak and periodic use factors and employee, and visitor, patron characteristics. Peak space factor relates to local data regarding vehicle occupancy, transit use and peak hour requirements.

         (b)   Applicability. These peak factors may be applied when their source, accessibility and limitations are known and sufficient details are provided to the Zoning Administrator during the site plan and permit approval process.

         (c)   Requirements. At the discretion of the Zoning Administrator, the following peak space factor may be used in place of the parking category requirements (Table 157-3) to determine the required parking for the following uses.

 

 

      (3)   Manufactured home parks. Each manufactured home space within the park shall be provided with at least two off-drive parking spaces.

         (a)   The parking spaces shall be no farther away than 50 feet from the manufactured home space which they serve.

         (b)   In addition, there shall be provided one off-drive parking space for each four manufactured home spaces in the park.

         (c)   Each off-drive parking space shall be at least nine feet by 18 feet.

         (d)   Automobile parking shall not be allowed in other than the parking areas specified in the Manufactured Home Park Plan and areas so specified shall be off the drive.

      (4)   Alternative transportation. To promote alternative modes of transportation within the city, one parking space for the development, as required in divisions (C)(1) through (3) above, located in a central area of the development, may be exchanged for bicycle facilities (i.e., bike racks).

 

   (D)   Design standards for parking, stacking and loading areas. Except for residential parking spaces, all the parking areas shall be in accordance with State Department of Transportation standards. Specifically, parking facilities shall be designed and constructed so as to:

      (1)   Allow unobstructed movement into and out of each parking space without interfering with fixed objects or vehicles;

      (2)   Minimize delay and interference with traffic on public streets and access drives;

      (3)   Maximize sight distances from parking lot exits and access drives; and

      (4)   Allow off-street parking spaces in parking lots to have access from parking lot driveways and not directly from streets.

   (E)   Dimensional requirements. Parking facilities shall be designed and constructed to meet the minimum parking space dimensions of nine feet by 18 feet, and aisle dimensions and other standards found in Figure 157-29.

   (F)   Improvements.

      (1)   All required parking spaces may be provided in a parking garage or properly paved open area.

      (2)   All required parking spaces and loading areas shall be paved and maintained with masonry, concrete, asphalt or alternative paving surface such as turfstone which allows greater storm water runoff. All parking, drive and loading areas must be of sufficient thickness and consistency to be able to support anticipated traffic volumes and weights. Gravel, crushed stone or crushed asphalt shall not be considered as optional paving surfaces for minimum off-street parking facility requirements.

      (3)   All access drives shall be composed of concrete and maintained from the curbline or edge of pavement to a point at least ten feet beyond the public right-of-way line for all parking and loading facilities, whether paved or unpaved.

      (4)   All facilities shall be graded, properly drained, stabilized and maintained to minimize dust and erosion.

      (5)   All parking spaces and stacking lanes shall be clearly identified with paint lines, bumper guards, curbs or similar treatment.

      (6)   All parking spaces adjacent to a property line, vegetative buffer or planting area shall be provided with wheel guards or curbs located so that no part of the parked vehicle will extend beyond the property line or encroach more than two feet into a vegetative buffer or required planting area.

      (7)   Parking lots shall be designed and constructed such that walkways shall maintain a minimum unobstructed width of five feet.

      (8)   Parking lots shall be designed and constructed that allows for the safe movement of pedestrians to and from vehicular parking areas.

   (G)   Off-site parking lots. If the off-street parking spaces required by this section cannot reasonably be provided on the same lot on which the principal use is located, the Board of Adjustment may, as a special use, permit the space to be provided on any land within 400 feet of the main entrance to the principal use, provided the land is under common control with the principal use. The land shall not be used for any other purpose so long as no other adequate provision for parking space meeting the requirements of this chapter has been made for the principal use. Required off-street parking shall not be located across an intervening major or minor thoroughfare.

   (H)   Combined parking.

      (1)   Separate uses. The required parking for separate or mixed uses may be combined in one facility.

      (2)   Shared parking. The required parking space for any number of separate uses may be combined in one lot but the required space assigned to one use may not be assigned to another use, except that one-half of the parking space required for churches, theaters or assembly halls whose peak attendance will be at night or on Sundays may be assigned to a use which will be closed at night and on Sundays.

      (3)   Reassignment. Required off-street parking spaces shall not be leased or otherwise assigned to another use except as provided in division (H)(2) above.

   (I)   Loading areas.

      (1)   General. Every building or structure used for business, trade or industry hereafter erected shall provide a space or berth as indicated in this section for the loading and unloading of vehicles off the street. The space/berth shall have access to an alley, or if there is not an alley, to a street.

      (2)   Location. Off-street loading areas shall be located on the same zone lot as the use they serve.

      (3)   Design standards.

         (a)   Location. All off-street loading areas shall be arranged and marked to provide for orderly and safe unloading and loading, and shall not hinder the free movement of vehicles and pedestrians. All loading and unloading maneuvers shall take place on private property. No backing in from a road or maneuvering on the road right-of-way shall be permitted.

         (b)   Minimum number of loading spaces/berths required.

            1.   For nonresidential structures containing not more than 25,000 square feet of gross floor area, one berth shall be required.

            2.   For nonresidential structures containing 25,000 or more square feet of gross floor area, the number of berths, specified in the table below shall be provided:

 

         (c)   Minimum dimensions. An off-street loading berth shall have minimum dimensions of 12 feet wide, 25 feet long and 14 feet overhead clearance with adequate means for ingress and egress. If big rig or 18-wheeler trucks are intended to make deliveries, each loading berth shall be at least 12 feet wide, 65 feet long, and 14 feet overhead clearance with adequate means for ingress and egress.

   (J)   Excessive illumination in parking lots and loading areas.

      (1)   Lighting within any parking and loading area that unnecessarily illuminates any other lot and substantially interferes with the use or enjoyment of the other lot is prohibited. Floodlights, spotlights or any other similar lighting shall not be used to illuminate parking and loading areas.

      (2)   All parking and loading area lighting shall be designed and located in accordance with the requirements of § 157.08.

(Ord. passed 7-25-2011; Am. Ord. 14-O-04, passed 11-24-2014)

   (A)   General requirements.

      (1)   All exterior lighting, such as that used in and around buildings, recreation areas, parking lots and signs, shall be designed to protect against the spillover of light to adjacent properties. It shall also be designed to protect against glare onto public rights-of-way thereby impairing the vision of motorists and adjoining properties.

      (2)   All exterior lighting shall be shielded from adjacent properties by thick evergreen vegetated buffers, berms, walls or fences, and/or the use of directional lighting, lighting shields, special fixtures, timing devices, appropriate light intensities, luminaries and mountings at appropriate heights.

      (3)   Exterior lighting shall be architecturally integrated with the building’s style, materials and colors in the selection and design of light poles, brackets, and fixtures.

      (4)   All exterior lighting shall not interfere with operation of aircraft.

   (B)   Lighting plan required.

      (1)   A lighting plan indicating illumination intensities shall be submitted with site plans, plot plans and subdivision plats except for single-family detached and manufactured homes on individual lots. The Zoning Administrator is authorized to waive this requirement for small independent development projects on less than an acre if the fixture types are specified on the site plan or plat.

      (2)   Any changes to the lighting plan must be approved by the Zoning Administrator through a site or plot plan revision and/or subdivision plat revision.

   (C)   Exterior lighting standards.

      (1)   General standards.

         (a)   Outdoor lighting shall be designed, located and mounted at heights no greater than:

            1.   Eighteen feet above grade for non-cut-off lights; and

            2.   Thirty-five feet above grade for cut-off lights.

         (b)   Within Accident Potential Zones, the use of cutoff and semi-cutoff high sodium vapor lighting is required.

         (c)   All outdoor lighting shall be designed and located such that the maximum illumination measured in foot candles at a property line shall not exceed 0.4 for non cut-off lights and 1.5 for cut-off lights. Cut-off lighting shall be designed to direct light downward (e.g., shoe box style).

         (d)   For parking lots, the minimum light level shall be no less than 0.2 foot-candles. The average foot-candle maintained to the minimum foot-candles ratio shall be no greater than four to one (upper to lower limits).

         (e)   All outdoor lighting fixtures shall be located a minimum of ten feet from a property or right-of-way line and should not be within a required perimeter or streetscape buffer unless it is located at the interior edge.

         (f)   Floodlights, spotlights or any other similar lighting shall not be used to illuminate buildings or other site features unless approved as an integral architectural element on the development plan. On-site lighting may be used to accent architectural elements and not be used to illuminate entire portions of building(s).

      (2)   Lighting for canopies.

         (a)   Lighting for canopies shall be restricted to lighting fixtures (including lenses) that do not project below the bottom of the canopy. Lighting for canopies for service stations and other similar uses shall not exceed an average of 20 foot-candles as measured at ground level at the inside of the outside edge of the canopy.

         (b)   Canopies used for building accents over doors, windows and the like, shall not be internally lit (i.e., from underneath or behind the canopy).

      (3)   Wall pack lights.

         (a)   Wall packs on buildings may be used at entrances to a building to light unsafe areas. They are not intended to draw attention to the building or provide general building or site lighting.

         (b)   Wall packs on the exterior of the building shall be fully shielded (true cut-off type--bulb or light source not visible from off-site) to direct the light vertically downward and be of low wattage (preferably 100 watts or lower).

      (4)   Illumination of outdoor sports fields and outdoor events areas.

         (a)   All the lighting fixtures shall be equipped with a glare control package (e.g., louvers, shields or similar devices), and the fixtures shall be aimed so that their beams are directed and fall within the primary playing or event area; and

         (b)   The hours of operation for the lighting system for any game or event shall not exceed one hour after the end of the game or event.

      (5)   Sign lighting. Lighting fixtures illuminating signs shall comply with the requirements of § 157.09, and the fixtures shall be aimed and shielded so that direct illumination is focused exclusively on the sign face.

      (6)   Timer devices.

         (a)   Timer devices shall be employed to shut off luminaries or to reduce light levels when full lighting is not required, such as after normal business hours.

         (b)   Special attention shall be given to protecting adjoining residential properties from off-site illumination after 10:00 pm.

(Ord. passed 7-25-2011)

   (A)   Purpose. The purpose of this section is to regulate signs using reasonable restrictions based on aesthetic, traffic and public health and safety concerns; protection of property values; promotion of tourism and economic development; and preservation of the character and integrity of the community.

   (B)   General provisions.