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Kingsport City Zoning Code

ARTICLE VII

LANDSCAPING AND LAND USE BUFFERS

Sec. 114-598.- Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Landscape means the planting and retention of live plants, including trees, shrubs, ground cover and low-growing plants that are native species or species adaptable to local climatic conditions. Landscape materials will include a mix of trees, shrubs and ground covers and may consist of both deciduous and evergreen plants for yearround effectiveness. The functions of these landscape materials may include screening of adjacent properties, erosion control, pollution control, glare and temperature moderation and aesthetic appeal.

(Code 1981, app. A, art. XV, § 2; Code 1998, § 114-646)

Sec. 114-599. - Intent.

The intent of this article is to improve the appearance of public rights-of-way, certain commercial developments and multifamily dwellings, and public property through regulations of the planting, protection and maintenance of trees, shrubs and other landscaping materials; to regulate the preservation, replacement and indiscriminate removal of trees on private property and new developments; and to specify policies and procedures for fulfillment of these purposes.

(Code 1981, app. A, art. XV, § 1; Code 1998, § 114-647)

Sec. 114-600. - Landscape requirements.

(a)

Lists of acceptable materials. The city landscape specialist will prepare and maintain lists of landscape materials which are acceptable for planting on public and private properties, including rights-of-way and parking areas. The lists will be specific for this geographic area and will detail growth patterns, maturity height, rate of growth, disease resistance, site planting requirements and maintenance requirements. No landscape material shall be planted on public or private property as set forth in this section unless it appears on this list or is approved by the landscape specialist. The lists will be available from the zoning administrator, planning director and the landscape specialist.

(b)

Public property. Public property is defined as any street, park or other land or building owned by the city. The city will control the planting, maintenance and removal of all landscape materials on public property. Work will be performed by municipal personnel or by contract with licensed and insured private companies. Any person or company working on public property or private property adjoining or affecting public property is responsible for the protection of any landscape materials located on public property and for restitution of any materials damaged during or as a result of construction or other work.

(c)

Private property. A complete landscape plan will be submitted to the city manager, or his designee, after the issuance of a building permit; if not, the permit is subject to be revoked in zoning areas R-3, R-4, R-5, R-1MP, P-1, TA, B-1, B-2, B-3, M-1, M-1R and B-4P.

(1)

The plan shall be drawn to scale, including the:

a.

Location, size and shape of any buildings;

b.

Existing or proposed parking spaces or other vehicular use areas;

c.

Pedestrian areas; and

d.

All sections to be landscaped.

(2)

The plan shall specify:

a.

The number, size (designated by guidelines of the American Standards for Nursery Stock), and species and cultivar of trees, shrubs, ground covers and other plants;

b.

Planting locations; and

c.

Size of existing trees that will be saved.

A certification of completion of landscaping must be obtained from the city manager before a certif-icate of occupancy is issued by the building official. A waiver of the installation of landscape materials may be granted by the city manager if installation is hindered due to adverse weather conditions. The waiver will not exceed a 180-day period.

(d)

Parking areas.

(1)

Applicability. This subsection (d) applies to all new parking areas for developments requiring a landscape plan and for existing lots that are enlarged or expanded by more than ten parking spaces, provided that the zoning administrator, assisted by a landscape specialist, does not waive specific landscaping requirements. The zoning administrator may waive this requirement where the requirement can be satisfied by alternative measures.

(2)

Perimeter. Landscaping for the perimeter of new parking areas requires a planting strip of a minimum width of ten feet abutting public streets excluding access driveways or alleys. This planting strip will include a minimum of one deciduous tree for each 50 linear feet of perimeter and for any fraction of footage over 25 linear feet. These trees may be grouped or placed at intervals appropriate to the species for aesthetic purposes, so long as the total number of trees equals or is greater than the minimum specified by the linear-foot method of determination of trees required. Location of types of landscaping materials is to be compatible with utility lines, sidewalks and the safe use of streets. When a building permit is requested for redevelopment or additions to a previously developed site, where the required perimeter strip does not exist, the required trees may be planted in pavement cutouts of sufficient size for tree survival and growth.

(3)

Interior.

a.

Properties with 5,000 or more square feet of paved area must also have interior tree planting areas. These planting areas must total at least five percent of the total paved area. One tree must be planted for each 600 square feet of interior landscape area or fraction of additional area over 300 square feet.

b.

Landscape areas should be located in such a manner as to divide and break up the expanse of paving and to guide traffic flow. The use of terminal islands for rows of parking spaces is encouraged. Landscape islands between parking spaces shall be no less than five feet in width and no less than half the length of parking spaces. Parking area islands containing trees require a minimum width of eight feet. Landscaping must be located in islands or planting strips within ten feet of the paved areas where requirements otherwise would hinder the functioning of the completed development.

c.

Of the required landscaping area, a minimum of 20 percent will be building perimeter plantings for any building side fronting an access street. Building perimeter islands will have a minimum width of 2.5 feet. Building perimeter islands will be positioned to be free of vehicle overhang from any adjacent parking areas.

d.

Reduction of required new landscaping may be granted by the landscape specialist for sections within the paved areas which are used to provide a protected location for an existing tree which has a caliper measurement of at least three inches. The landscape specialist's decision will be based on criteria such as age, size, type and condition of the tree.

e.

When a building permit is requested for redevelopment or additions to a previously developed site, building perimeter plantings are required for any building side fronting an access street. Building perimeter islands will be positioned to be free of vehicular overhang from any adjacent parking sites.

f.

Parking lots that are enlarged or expanded by more than ten spaces shall be subject to the same landscape requirements as new developments; provided, however, that the board of zoning appeals may waive specific landscaping requirements for the existing portions of such parking lots when the requirement can be satisfied through alternative measures.

(4)

Property adjoining a residential or agricultural zone.

a.

A planting strip boundary shall be placed between the property and a residential or agricultural zone or public parks or the greenbelt pathways. The planting strip shall have a minimum width equal to the abutting setback requirement of the more restrictive zone; in the absence of a setback requirement, the minimum width shall be 30 feet. The planting zone shall contain one large-maturing deciduous tree for each 50 linear feet of boundary and for any fraction of additional footage over 25 linear feet. The remainder of the planting area shall be landscaped with ground cover, shrubs or other landscape materials specified in section 114-601. However, this shall not apply to any part of the subject property line that abuts a public right-of-way, which is at least 40 feet in width and open to public use.

b.

The planning commission or board of zoning appeals may require a continuous, opaque wood fence with a minimum height of six feet for complete screening. However, this screening may be provided by planting a row of evergreen shrubs or trees that will provide at least a six-foot complete screen at maturity or before maturity.

(5)

Driveway and street intersections. At all locations where driveways or alleyways intersect with streets, a sight triangle is to be maintained. No landscape materials other than low growing grass or other ground cover will be planted within the sight triangle.

(Code 1981, app. A, art. XV, § 3; Code 1998, § 114-648; Ord. No. 4959, § I, 10-2-2001; Ord. No. 6730, § XXIV, 6-19-2018)

Sec. 114-601. - Landscaping materials.

(a)

Earth mounds. Under this chapter, earth mounds may be used as physical barriers which block or screen a view for purposes similar to those of hedges or fences. Mounds are to be landscaped sufficiently with ground covers or other live materials to prevent erosion.

(b)

Fences. Fences may be used as confining or screening barriers. Fences are to be continuous and opaque and constructed of natural materials such as stone, wood or brick.

(c)

Live plants. All plant material will be planted in accordance with accepted horticultural practices. Plant materials will meet current specifications of the American Standard for Nursery Stock and shall have passed any inspections required under state regulations; information on these standards will be available from the landscape specialist.

(1)

Deciduous trees (shed their leaves in the fall). Deciduous trees to be planted must meet or exceed the American Standards for Nursery Stock.

a.

Trees planted in perimeter areas should be species or cultivars that are listed in the street planting plan of the city. If the site is not included in the planting plan, a tree species will be selected from the list of approved trees provided by the landscape specialist.

b.

Trees having an average age mature spread or crown of less than 15 feet may be grouped to achieve a larger crown size.

(2)

Ground cover. Ground cover shall be planted in such a manner as to provide a finished appearance and 75 percent coverage after two growing seasons. All ground cover should be properly mulched at installation.

(3)

Grass. Grass may be sodded, plugged, sprigged or seeded except in swales or other areas subject to erosion, where solid sod, erosion reducing net or suitable mulch shall be placed for immediate protection until complete coverage is achieved. Grass sod shall be clean and free of weeds and noxious pests or diseases.

(4)

Shrubs. Shrubs shall have a minimum installation height of two feet or a minimum spread of 12 inches or a three-gallon pot size, depending upon the shrub species. Shrubs used as ground cover shall follow the specifications for ground covers.

(5)

Vines. At the time of planting, vines should have at least a 12-inch spread. Most vines will need support to reach maturity.

(d)

Nonliving materials. No more than 50 percent of each landscape area shall include nonliving materials such as bark and wood chips, marble chips, river rock, pebbles, lava rock and pine needles.

(Code 1981, app. A, art. XV, § 4; Code 1998, § 114-649)

Sec. 114-602. - Installation and maintenance.

(a)

Under this chapter, all landscape construction and installation shall be conducted according to standard nursery practices and specifications. Landscaping shall be installed as shown on the approved landscape plan. Landscaping shall be installed and completed prior to the issuance of a certificate of occupancy unless an extension is granted by the landscape specialist of up to 180 days because of adverse planting conditions. Plants in or adjacent to parking areas are to be protected from vehicular damage by the use of curbs, wheel stops or other barriers. Existing saved trees in construction areas or near other work sites are to be protected through the use of a sturdy fence of framework at least four feet in height during the construction period. Whenever possible, drainage from paved impervious parking surfaces should be channeled into planted areas.

(b)

All required landscape plant material shall be maintained in a healthy condition in accordance with guidelines specified in American Standards for Nursery Stock. The property owner will be responsible for the continuing maintenance of all landscaped areas. Dead, seriously diseased or damaged plants or dying ones shall be removed and replaced with materials approved by the city's landscape specialist and in accordance with guidelines set forth in American Standards for Nursery Stock. Such replanting will take place at the next planting season appropriate for the landscape materials or within six months, at the owner's expense.

(c)

The landscape specialist will make unscheduled inspections of landscaped areas to ensure continuing compliance in the maintenance and protection of landscape plants. The landscape specialist will notify property owners concerning required replacement of plants and other needed maintenance.

(Code 1981, app. A, art. XV, § 5; Code 1998, § 114-650)