8.5. ELECTRONIC GAMING OPERATIONS

8.6. ADULT ESTABLISHMENTS

8.9. LIGHTING

   A.   Purpose and Intent. The purpose of this Section is to regulate the intensity of exterior lighting and establish standards to minimize the adverse impacts of excessive light intensity. The intent of these standards is to:

      1.   Prevent light from non-residential and multifamily developments from excessively illuminating other properties and street rights-of-way;

      2.   Permit exterior lighting at the minimum levels necessary for public safety;

      3.   Provide for safety of motor vehicles and pedestrians; and

      4.   Prevent light pollution into the night sky.

   B.   Applicability. The standards of this Section shall apply for non-residential, multifamily and industrial buildings/developments, including off-street parking facilities and loading/unloading areas.

   C.   Exemptions. The following are exempted from the standards of this Section:

      1.   Lighting exempt under state or federal law;

      2.   FAA required lighting for telecommunication devices or buildings;

      3.   Temporary lighting used by emergency services;

      4.   Security lighting, which is controlled by activity centers, so long the duration is fifteen (15) minutes or less;

      5.   Lighting used underwater for swimming pools, fountains or spas; and

      6.   Temporary residential lighting used in decoration.

   D.   Height.

      1.   Light fixtures shall be a maximum thirty (30) feet for the lighting of vehicle use areas (such as parking lots and streets).

      2.   Light fixtures shall be twelve (12) to fifteen (15) feet in height for pedestrian oriented areas such as sidewalks, pathways, plazas, and public gathering places. Figure 8.9.1: Light Fixture Height, below, illustrates the maximum allowed height of lighting within a vehicle use area as compared to the maximum allowed height of lighting in pedestrian-oriented areas.

Figure 8.9.1. Light Fixture Height

   E.   Lighting Location. Lighting fixtures shall be located within landscaped areas when practical, may not impede pedestrian flows, and be placed to ensure a consistent patterns of light.

      1.   Parking Area Lighting Location. The height of light fixtures within a parking area shall be arranged so that the tallest fixtures are in the center of the parking area, and the lowest heights are at the perimeter of the parking area.

      2.   Light fixtures height shall not exceed thirty (30) feet within the center of a parking area and shall decrease height to twelve (12) to fifteen (15) feet at the boundary of the parking area.

      3.   To avoid conflict in layout, parking lot lighting must be coordinated with the parking lot’s landscaping. Lighting design shall be coordinated with the landscape plan to ensure that vegetation growth will not substantially impair the intended illumination. Figure 8.9.2: Parking Area Lighting, illustrates a typical arrangement of parking area lighting with the tallest light fixtures decreasing toward the edge of property.

Figure 8.9.2. Parking Area Lighting

   F.   Lighting Intensity Standards. Figure 8.9.3: Specific Lighting Standards, defines specific standards for lighting intensity based upon the land use involved. Values are presented in allowable foot-candles (fc) maintained (measured horizontally) at grade and are to be averaged throughout the site to avoid hot spots and ensure minimum values at the edge of the development area.

Figure 8.9.3. Specific Lighting Standards
Use	Minimum	Maximum

Figure 8.9.3. Specific Lighting Standards
Use	Minimum	Maximum
Pedestrian Areas/Sidewalks	0.2 fc	1.0 fc
Building Entries	1.0 fc	10.0 fc
Street Lighting	0.2 fc	1.0 fc
Open Parking Areas	0.2 to 0.9 fc	3.6 fc
Playgrounds	NA	5.0 fc
Site Perimeter	NA	0.5 fc

 

   G.   Lighting Standards for Unique Uses.

      1.   Sports Fields. Lighting for sports fields and outdoor courts is generally in excess of general outdoor lighting levels. Recreation lighting levels established by Illuminating Engineering Society of North America (IESNA) are to be used as the standard. Higher lighting levels for tournament or high league play are sometimes required and must be approved by the Planning and Development Director or designee. All sports fields or tennis/basketball courts must meet the following minimum standards:

         a.   Fixtures must be fitted with manufacturer’s glare control package.

         b.   Lighting shall be extinguished no later than one hour after the event ends.

         c.   Fixtures must be designed with a sharp cutoff and aimed so that their beams fall within the primary playing area and the immediate surroundings, so that off-site direct illumination is significantly restricted.

         d.   Sports fields may have lighting fixtures a maximum eighty (80) feet in height.

      2.   Convenience Store with Fuel Pumps. For convenience stores with fuel pumps (i.e. gas station), all light fixtures mounted on the lower surface of canopies must be fully shielded in and of themselves (canopy edges do not qualify as shielding). Light fixtures mounted on canopies may be recessed so that lens cover is recessed or flush with the bottom surface (ceiling) of the canopy or shielded by the fixture or the edge of the canopy so that light is restrained to seventy degrees (70°) or less from vertical.

         a.   The light source shall be metal halide, low pressure sodium or high-pressure sodium (maximum of 150 watts).

         b.   Lighting levels shall be no greater than twenty lumens (20.0 fc) under the canopy.

         c.   Areas outside service station pump island canopy shall be illuminated so that the maximum horizontal luminance at grade level is no more than ten lumens (10.0 fc).

8.1.1. GENERAL APPLICABILITY.

8.1.2. SUBDIVISION TYPES.

8.1.3. REQUIRED ENDORSEMENTS, CERTIFICATIONS, NOTES.

8.1.4. DEDICATION.

8.1.5. PERFORMANCE GUARANTEES AND BONDS.

8.1.6. ENFORCEMENT.

8.1.7. SUBDIVISION STANDARDS.

8.1.8. SUBDIVISION SIGNS, ENTRANCE MARKERS, AND LANDSCAPED AREAS IN RIGHT-OF-WAY.

8.1.9. CONSERVATION SUBDIVISION.

8.2.1. PURPOSE, INTENT AND APPLICABILITY.

8.2.2. GENERAL STANDARDS.

8.2.3. NONCONFORMING SIGNS.

8.2.4. CALCULATING SIGN AREA.

   A.   Calculating Sign Area. The area of a sign shall include all lettering, wording, designs and symbols, together with the background, whether open or enclosed, on which they are displayed. The supporting structure or bracing of a sign shall be omitted in measuring the area of the sign unless such structure or bracing is made part of the message or face of the sign. Calculating sign area shall comply with the following standards below:

      1.   Where a sign consists of individual letters, words or symbols attached to a building, canopy, awning or wail and all such elements are located in the same plane, the sign area shall be the area of the smallest rectangle which completely encompasses all such letters, words or symbols and any accompanying background of a color different than the natural color of the wall. Where such sign includes multiple words, each word located in the same plane shall be computed separately.

      2.   Channel letter signs, mounted logos, and similar devices are treated differently than signs in cabinets. The wall area between multiple elements does not count as sign area.

      3.   The area for a sign with more than one face shall be computed by adding together the area of all sign faces, except where the angle at which the two sign faces are placed does not exceed sixty (60) degrees.

      4.   It is presumed that where sign faces are placed less than sixty (60) degrees apart, both faces are not readable from any one point.

      5.   The entire surface area of a multitenant sign that depicts the names of the individual tenants shall count toward the total aggregate area of the sign.

Figure 8.2.4.A. Sign Area

Fig 8.2.4.B. Multiple Faces On A Sign

8.2.5. PERMITTED SIGN TYPES.

8.2.6. PERMITTED SIGN AREA AND NUMBER OF SIGNS.

   A.   Introduction. This Section defines each sign type and their respective standards, including Building Signs and Free-Standing Signs. Sign type definitions include graphic illustrations for permitted signs and are illustrations provided for illustrative purposes only, the text/dimensions shall apply in all cases. Description, locational standards, size standards, and any other requirements are provided for each sign type.

   B.   Building Signs. Building signs include wall, window, canopy/awning, and projecting/blade signs, where allowed per Tables 8.2.5.1 and 8.2.5.2. For the purposes of this Section, the maximum area of all building signs (combined sign sizes/areas) shall not exceed the standards in Table 8.2.6.1: Maximum Sign Face Area. Additional specific provisions may be required for each sign type in Section 8.2.7: Building Sign Standards.

 

Table 8.2.6.1 Maximum Sign Face Area
Length of Building or Tenant Space (Requires Public Entrance)	Sign Area Per Linear Foot of Building/Tenant Frontage
Up to 100 linear feet of building frontage (single use or multitenant)	2 SF/Linear Foot per tenant not to exceed 100 linear feet in total
101 to 200 more linear feet of building frontage (single use or multitenant)	1 SF/Linear Foot per tenant not to exceed 200 SF total
For freestanding single tenant buildings in excess of 50,000 square feet	1 SF/Linear Foot or 500 SF whichever is less

 

   C.   Free-Standing Signs. Free-standing signs, including monument/community signs, shall be provided for, including calculations, as identified within each of the respective sign types in Section 8.2.8: Free-Standing Sign Standards.

   D.   Total Number of Signs. The following subsections defines the maximum number of signs permitted for each tenant/business. A tenant/business shall be defined as an owner or leasee of the individual building/unit within a building.

      1.   Building Signs. A total of three (3) building signs maybe permitted per tenant/business. Such signs shall be permitted only on a building frontage along a public or private roadway, or along a parking lot serving the building.

Figure 8.2.6.D. Sample of Three Building Sign Maximum

         a.   More Than One Street Frontage. For buildings with more than one (1) street frontage, the total maximum area of building signs shall be based only on the width of the building or tenant space fronting along the primary frontage which includes a public entrance.

         b.   Local Road. Building signs may, however, be placed on the portion of the tenant/building space fronting a local road only when that building frontage includes a public entrance.

      2.   Free-standing Signs. A total of three (3) free-standing signs maybe permitted per development, subject to the standards provided in Section 8.2.8: Freestanding Signs, including development size and number of driveways/entrances.

8.2.7. BUILDING SIGN STANDARDS.

   A.   Wall Sign Standards.

Figure 8.2.7.A. Example Wall Signs

      1.   Description. A sign attached directly to a building wall above the entrance, limited to one per facade, per building tenant. A wall sign may include murals conveying the name of a business or a commercial message.

      2.   Location. Located on the supporting building wall. May not extend above any parapet wall. May not project more than six (6) inches from the building face.

   B.   Window Sign Standards.

Figure 8.2.7.8. Example Window Signs

      1.   Description. A sign attached flat, but parallel, to the inside of a window, or within twelve (12) inches of the inside of the window.

      2.   Location. Window signs shall only be placed on first floor windows of buildings with public street frontage.

      3.   Additional Standards. Maximum twenty percent (20%) of all windows may be covered by a window sign.

   C.   Canopy/Awning Sign Standards.

Figure 8.2.7.C. Canopy/Awning Sign Examples

      1.   Description. A sign attached to, or affixed to, a canopy/awning.

      2.   Location. Canopy/awning signs shall have a minimum clearance of nine (9) feet from the surface below and a maximum height of four (4) feet above the clearance.

      3.   Additional Standards. See also Section 8.2.2.F for canopy sign and changeable copy sign standards.

   D.   Projecting/Blade Sign Standards. For the purposes of this Section, a Projecting/Blade Sign may be used in lieu of a Canopy/Awning sign, subject to the following standards.

Figure 8.2.7.D. Projecting/Blade Sign Examples

      1.   Description. A sign attached directly to a supporting building wall and intersecting the building wall at a right angle.

      2.   Location. Typically extends more than one foot from the building wall. The sign may be flat or three dimensional.

      3.   Additional Standards. Shall not extend above the roof line or the parapet wall. Buildings with two (2) or more stories shall not have a projecting sign located higher than the second story or twenty-four (24) feet, whichever is less.

8.2.8. FREE-STANDING SIGN STANDARDS.

   A.   Monument/Community Sign Standards.

Figure 8.2.8.A. Monument/Community Sign Examples

      1.   Description. A freestanding ground sign with a supporting structure with columns on the ends of the sign.

      2.   Location.

         a.   Primary Sign — Maximum Number:

            i.   Projects/developments up to five (5) acres: One (1) primary sign and one (1) secondary sign.

            ii.   Projects/developments five (5) acres or greater: One (1) primary sign and one (1) secondary sign per driveway/location from the public roadway, up to three (3) secondary signs maximum (total).

         b.   Setbacks: All monument signs shall be located a minimum of ten (10) feet from the road/right-of-way; however, shall also be located outside of the visibility triangle.

      3.   Additional Standards.

         a.   Sign Width: Maximum twenty-five (25) feet, excluding support structures, columns or decorative features without a sign face.

         b.   Sign Height: Maximum fifteen (15) feet, including support structures, columns or other features including sign face.

         c.   Primary Sign — Sign Area.

            i.   Projects/developments up to five (5) acres: Fifty (50) square feet single tenant); one-hundred (100) square feet (multi-tenant).

            ii.   Projects/developments five (5) acres or greater: One-hundred 100) square feet (single tenant); Two-hundred (200) square feet multi-tenant).

         d.   Secondary Sign —Sign Area. Secondary monument signs maybe permitted for all projects/development, subject to the standards of this Section. The sign area of the secondary monument sign shall be a maximum fifty percent (50%) of the sign area of the primary sign.

   B.   Sidewalk Sign Standards.

Figure 8.2.8.B. Sidewalk Sign Examples

      1.   Description. A sidewalk sign (also commonly referred to as a sandwich board sign) allows for the display of a message on the sidewalk. A maximum of one (1) sidewalk sign shall be permitted and located in front of/adjacent to the entrance.

      2.   Location. Each business/tenant is limited to one sidewalk sign, located only in front of the building entrance. A sidewalk sign may not be placed so as to obstruct the normal flow of pedestrian traffic.

      3.   Additional Standards. Sign area shall be limited to a maximum of eight (8) square feet per side. Sign width is limited to a maximum two (2) feet. Sign height is limited to a maximum four (4) feet.

8.2.9. PROHIBITED SIGNS.

8.2.10. EXEMPT SIGNS.

8.2.11. TEMPORARY SIGNS.

8.3.1. PURPOSE AND INTENT.

8.3.2. APPLICABILITY.

8.3.3. LANDSCAPING STANDARDS AND PERMITTED USES.

8.3.4. REQUIRED BUFFERS.

8.3.5. PERIMETER BUFFER STANDARDS.

   A.   Generally. Perimeter buffers shall be required per this Section and meet the following standards:

      1.   Perimeter buffers shall be located on the outer perimeter of the lot, parallel to and extending to the property boundary line of the lot.

      2.   Perimeter buffers may be located wholly or partially within required yards.

      3.   A required perimeter buffer must be provided along the entire boundary line of the lot.

      4.   For multiple lot developments, developed as a single entity, a perimeter buffer is only required around the outer perimeter of the development.

      5.   A parking area buffer, as provided in Section 8.3.6: Parking Area Buffers and Landscaping, may be credited toward a more intense perimeter buffer. If the perimeter buffer is more intense than the parking area buffer, the required components of the parking area buffer are not required.

      6.   Fences and walls shall comply with the standards of Section 8.3.10: Fences, Walls and Berms. Where a fence or wall is utilized in buffering, the fence must be positioned interior to the landscaping, except for:

         a.   Yards along an interior side or rear lot line, where fences must be positioned exterior to the landscaping.

         b.   Trees may be on both sides of a wall as long as a minimum one half of required canopy trees are in front.

      7.   Stormwater that includes vegetation may be placed within a perimeter buffer, provided that the screening function of a perimeter buffer is maintained. Plant material meeting the minimum requirements of this Section may be counted in requirements.

   B.   Perimeter Buffer Types. Perimeter buffer types include buffer types 1-5, each with a varying degree of screening and intensity. Each buffer type may allow up to three (3) different options to achieve the required level of buffering, utilizing a mixture of trees, shrubs and fences/walls. The plant material required is per one-hundred (100) linear feet of property frontage. Table 8.3.1 lists the different perimeter buffer types with varying degrees of opacity for each perimeter buffer. Table 8.3.1 also provides options to achieve each perimeter buffer type. Figures 8.3.1 through 8.3.5 provide illustrative examples of each perimeter buffer type. The figures are for illustrative purposes only; the text, dimensions and standards shall apply in all cases where there is a conflict.

      1.   Perimeter Buffer Type 1. This buffer is intended to function as an intermittent visual screen. It is intended to partially block visibility between different uses, but not totally obstruct visual contact from one use to another.

      2.   Perimeter Buffer Type 2. This buffer is intended to function as a partially opaque screen. This type of buffer should partially block visual contact between uses and creates a sense of spatial separation.

      3.   Perimeter Buffer Type 3. This buffer is intended to function as a semi-opaque screen. This type of buffer prevents visual contact between uses and creates a sense of spatial separation.

      4.   Perimeter Buffer Type 4. This buffer is intended to function as a more intense opaque screen than Buffer Type 3, but not as intense of an opaque screen as created by Buffer Type 5.

      5.   Perimeter Buffer Type 5. This buffer is intended to function as an opaque screen from the ground to a height of eight (8) feet. This type of buffer prevents visual and auditory contact between uses and creates a strong impression of total separation.

Table 8.3.1 Permitted Buffer Types Table
Typ e	Option 1	Option 2	Option 3

Table 8.3.1 Permitted Buffer Types Table
Typ e	Option 1	Option 2	Option 3
1	10' width 3 trees 20 shrubs per 100 LF	10' width 3 trees 20 shrubs per 100 LF	10' width 3 trees 20 shrubs per 100 LF
2	20' width 3 trees 40 shrubs per 100 LF 6' fence (optional)	20' width 4 trees 30 shrubs per 100 LF 6' fence (optional)	20' width 5 trees 15 shrubs per 100 LF 6' fence (optional)
3	25' width 3 trees per 100 LF 1 understory trees per 100 LF 50 shrubs per 100 LF 6' fence	25' width 4 trees per 100 LF 2 understory trees per 100 LF 30 shrubs per 100 LF 6' fence	25' width 4 trees per 100 LF 3 understory trees per 100 LF 20 shrubs per 100 LF 6' fence
4	50' width 4 trees per 100 LF 2 understory trees per 100 LF 60 shrubs per 100 LF 6' wall	50' width 5 trees per 100 LF 3 understory trees per 100 LF 40 shrubs per 100 LF 6' wall	50' width 5 trees per 100 LF 4 understory trees per 100 LF 25 shrubs per 100 LF 6' wall
5	100' Width, 8 Trees Per 100 LF, 4 Understory Trees Per 100 LF, Continuous Hedge, 8' Wall, 5' High Berm
Additional Standards: 1.   Required plant material may not be clustered to achieve requirements. A maximum allowable 10' gap may be permitted. 2.   Minimum shrubs maybe double staggered. 3.   Required trees maybe on both sides of a fence/wall as long as a minimum one half of required trees are in front. 4.   If perimeter buffer types are more intense than a required parking area buffer, the perimeter buffer will take precedent.

 

Figure 8.3.1. Perimeter Buffer Type 1 (Illustrative Example)

Figure 8.3.2. Perimeter Buffer Type 2 (Illustrative Example)

Figure 8.3.3. Perimeter Buffer Type 3 (Illustrative Example)

Figure 8.3.4. Perimeter Buffer Type 4 (Illustrative Example)

Figure 8.3.5. Perimeter Buffer Type 5 (Illustrative Example)

   C.   Perimeter Buffer— Required Perimeter Buffer Type by District.

      1.   Table 8.3.2 shall control the required perimeter buffer type required between zoning districts. While Table 8.3.2 is intended to provide for buffers based on zoning district, the Director may take into consideration existing and proposed uses to achieve the intent of this Section. For example, a residential use may occur in OM, requiring a different buffer type to adequately provide buffer and screening.

      2.   Perimeter buffer types, ranging in the intensity of screening they provide, range from 0 to 5 (0 being no buffer required, 5 being the most intense buffer required).

      3.   To determine the perimeter buffer type required, identify the zoning district of the land in which a development is proposed. Using Table 8.3.2, the intersection of the row associated with the district of the proposed development and the column associated with the adjacent zoning district shows the buffer type required.

      4.   Perimeter buffer types required shall comply with the standards provided in Table 8.3.1. Options for achieving the required buffer intensity are provided in Table 8.3.1.

TABLE 8.3.2. REQUIRED PERIMETER BUFFER TYPE BY DISTRICT

ZONING DISTRICT OF ADJACENT PROPERTY

ZONING DISTRICT OF SUBJECT PROPERTY

RR

RLD

RMD

RHD

OM

NB

GB

GI

HI

PUD

PCD

CC- MX1 CC- MX2 RC- MX

MD-MX

TABLE 8.3.2. REQUIRED PERIMETER BUFFER TYPE BY DISTRICT
ZONING DISTRICT OF ADJACENT PROPERTY
ZONING DISTRICT OF SUBJECT PROPERTY	RR	RLD	RMD	RHD	OM	NB	GB	GI	HI	PUD	PCD	CC- MX1 CC- MX2 RC- MX	MD-MX
RR	2	2	3	4	4	4	4	4	5	4	4	4	4
RLD	2	2	3	4	4	4	4	4	5	4	4	4	4
RMD	3	3	3	4	4	4	4	4	5	4	4	4	4
RHD	4	4	4	3	4	4	4	5	5	3	3	4	3
OM	3	3	3	3	1*	3	3	3	4	3	3	4	3
NB	4	4	4	3	3	1	3	3	4	3	3	3	3
GB	4	4	4	4	3	3	1	4	4	3	3	2	3
GI	4	4	4	4	4	4	4	1	1	4	4	4	3
HI	5	5	5	5	5	5	5	1	1	5	5	4	4
PUD	4	4	4	3	3	3	3	4	5	3	3	4	4
PCD	4	4	4	3	3	3	3	4	5	3	3	2	3
CCMX-1 & 2 RC-MX	4	4	4	4	4	3	2	4	4	4	2	-	-
MD-MX	4	4	4	3	3	3	3	3	4	4	3	-	-
Additional Buffer Type Standards 1.   OM to OM *: If the adjacent OM property is single-family residential, the subject property must provide a Type 2 buffer. 2.   If the subject property being developed is adjacent to another jurisdiction, the required buffer type will be chosen by the Planning Director. 3.   If the subject property being developed is a proposed conditional district or is adjacent to existing conditional district, the required buffer type will be chosen by the Planning Director.

 

(Am. Ord. O-2022-71, passed 11-8-22)

8.3.6. PARKING AREA BUFFERS AND LANDSCAPING.

   A.   Applicability.

      1.   Any new construction or reconstruction of a parking lot must comply with the requirements of this Section.

      2.   Expansion of an existing parking lot must comply with the requirements of this Section for all newly created parking and access areas.

      3.   Where the expansion increases the amount of parking less than twenty five (25) percent of the existing parking provided, then only the newly created parking and access areas shall comply with the requirements of this Section.

   B.   Parking Area Buffer Standards. The following standards shall apply to the landscaping of off-street parking and vehicle use area (parking area) buffers:

      1.   Location. Where any parking area abuts a right-of-way or another development, the parking area must be screened in accordance to these standards.

         a.   A parking area shall be defined as any surface area used for off-street parking, storage or display of vehicles, areas for loading and unloading goods, and service areas and drive-throughs.

         b.   Parking area buffers shall be credited toward the perimeter buffer requirement along the portion of the lot line parallel to the to the parking lot perimeter buffer. If the perimeter buffer is equal or more intense than the parking area buffer, the required components of the parking area buffer are not required. See Figure 8.3.6 for an illustrative example of parking area buffers.

      2.   Buffer Type. A parking area buffer shall be in the form of Buffer Type 1 (unless exempted per Section 8.3.6.8.3), as provided in Table 8.3.1, and require the additional standards below:

         a.   Fences/Walls. If the required perimeter buffer does not require a fence or wall, any parking area buffer adjacent to residential use shall include a fence/wall of at least four (4) feet in height at the perimeter of the property. Fences/walls shall meet the standards provided in Section 8.3.10.

         b.   Shrubs. Required shrubs shall be grouped with a required tree, and there shall be no gaps greater than ten (10) feet between required shrubs.

         c.   Plant Material. All required plant material shall be uniformly distributed along the perimeter of the parking area.

      3.   Exemptions.

         a.   Driveways for single family or two family dwellings shall not be considered parking areas for purposes of this Section.

Figure 8.3.6. Parking Area Buffers

   C.   Terminal Islands. The following standard shall apply to all terminal islands:

      1.   Each row of parking spaces shall end with terminal islands to separate parking from adjacent drive lanes. See Figure 8.3.7 for an illustrative example of a terminal island.

      2.   Each terminal island shall measure at least eight (8) feet in width by eighteen (18) feet in length, measured from the inside of the curb.

      3.   Within terminal islands, one (1) large or medium canopy tree shall be required for every one-hundred-and-fifty (150) square feet (or fraction above one half thereof), with a minimum of one (1) large or medium canopy tree (as provided in Table 8.3.3) required per terminal island.

      4.   Terminal islands shall be landscaped with shrubs, accent plants, ornamental grasses, and ground cover, excluding sod, which is planted to provide one hundred (100) percent coverage within two (2) years.

      5.   Landscaping in islands adjacent to parking spaces shall be set back a minimum of two (2) feet behind the back of the curb to provide for pedestrian access to parked vehicles.

      6.   Parking lots or portions of parking lots not visible from the streets excluding alleys, shall not be required to install terminal islands.

   D.   Interior Islands. The following standard shall apply to all interior islands:

      1.   If interior islands are utilized in the parking area configuration, each interior island shall measure at least eight (8) feet in width by eighteen (18) feet in length, measured from the inside of the curb. See Figure 8.3.7 for an illustrative example of an interior island.

      2.   The Director may reduce the required width by up to three (3) feet (minimum width five (5) feet) where existing site constraints (e.g. small site) make compliance impracticable or where such reduction will allow preservation of existing trees.

      3.   Interior islands less than five (5) feet in width, measured from the inside of the curb, shall not be credited towards interior landscaping unless a design alternative is granted. Within interior islands, one (1) large or medium canopy tree shall be required for every one-hundred-and-fifty (150) square feet (or fraction above one half thereof), with a minimum of one (1) large or medium canopy tree required per interior island.

      4.   Landscaping in islands adjacent to parking spaces shall be set back a minimum of two (2) feet behind the back of the curb to provide for pedestrian access to parked vehicles.

   E.   Divider Medians. The following standard shall apply to all divider medians:

      1.   Landscaped divider medians shall form a continuous landscaped strip between abutting rows of parking areas or access drives. See Figure 8.3.7 for an illustrative example of a divider median.

      2.   The minimum width of a divider median shall be a minimum seven (7) feet, measured from the inside of the curb.

      3.   One (1) large or medium canopy tree or two (2) small under-story trees shall be required for each thirty (30) linear feet of divider median (or fraction above one half thereof).

      4.   Shrubs shall be planted in divider medians which separate parking areas from access drives to form a continuous hedge the full length of the divider median.

      5.   Pedestrian scale lighting must be provided within divider median(s) and shall not exceed a maximum height of fifteen (15) feet.

   F.   Tree Placement. Trees shall not be located adjacent to free-standing sign faces or below wall sign faces where the tree will create a visual obstruction at the time of planting or in the future.

Figure 8.3.7. Parking Area Landscaping (Illustrative Purpose Only —

   Note: a Divider Median is recommended between each parking area, however is not required)

(Am. Ord. O-2022-70, passed 11-8-22)

8.3.7. STREET YARD BUFFER.

8.3.8. TREE PRESERVATION, PROTECTION AND STANDARDS FOR DEVELOPMENT APPLICATIONS, TREE REMOVAL PERMIT.

   A.   Purpose and Intent.

      1.   To recognize the importance of the existing tree canopy and natural features such as native tree groves and stands of hardwood trees;

      2.   Recognize the importance of existing trees to the visual and natural environments in the City;

      3.   Protect and retain significant tree masses and specimen trees during and after development;

      4.   Establish the criteria for removal of a healthy specimen tree;

      5.   Set out the required mitigation of a healthy specimen tree;

      6.   Limit excessive pruning or clear-cutting of existing trees and other landscaping on properties including those proposed for development and or redevelopment;

      7.   Provide a uniform standard for the protection and replacement of trees on all property which require any type of building or zoning permit;

      8.   Existing trees may be counted toward landscaping and buffer requirements and toward tree preservation standards as stated herein;

      9.   As communities develop and grow, there is a need for the construction and renovation of buildings, roads, parking lots and other infrastructure; and

      10.   Tree preservation and tree protection regulations are necessary to protect desirable trees and plants and are a vital part of sustainable community growth.

   B.   Applicability. This section shall apply to all developers and/or owners of real property involved with new development, redevelopment or improvement, expansions or addition shall comply with the following standards:

      1.   For improvements, expansions and additions of fifty percent (50%) or less, the standards of this Section shall only apply to the improvement/expanded area.

      2.   For improvements, expansions and additions of greater than fifty percent (50%), the standards of this Section shall apply to the entire lot.

   C.   Tree Preservation Standards.

      1.   It is the intent of this subsection 8.3.8 to preserve deciduous and evergreen trees to the greatest extent possible.

      2.   Trees at least twenty-five (25) inches in circumference within required buffer and landscaping areas shall be tagged prior to any site clearance and be preserved. At least ten percent (10%) of all existing tress shall be preserved.

      3.   In any case where an individual deciduous or evergreen in circumference is removed from the buffer as identified in below, it shall be replaced with the corresponding number of trees and diameter(s). The location which shall be determined by the Director.

 

Table 8.3.8.8 Removal and Replacement Requirements
Tree (inches in circumference)	Number of replacement trees required	Replacement Multiplier
10" to 25"	3 or more	1.25
25" or greater	4 or more	1.5
Example: a 30" tree removed should be the equivalent of 1.5 inch times the diameter of the tree removed, which would require four (4) or more trees totaling a 45" diameter.

 

      4.   Trees seventy-five (75) inches in circumference must be preserved and shall not be removed except as identified in subsection f below. Trees seventy-five (75) inches in circumference or greater shall require a replacement equivalent or greater number of tree caliper inches of the tree removed; and the minimum replacement tree size shall be a 3-inch caliper.

      5.   Consistent with G.S. Ch. 160D, the City can deny approval of site plans, plans or building permits for up to three years if trees are removed that would have otherwise been protected by these (UDO) standards and up to five years if such removal proves to be willful.

      6.   Reduction in the Minimum Number of Required Parking Spaces. Up to a five percent reduction in the number of off-street parking spaces required on a development site shall be allowed if the reduction in the amount of required pavement will preserve the root zones of existing healthy specimen trees. The amount of reduction can be determined only after taking into consideration any unique site conditions and the impact of the reduction on parking needs for the use, and must be agreed upon by both the applicant and the Director. Alternative paving materials may be required in cases where required parking areas encroach upon critical root zones.

   D.   Pre-Application Meeting (Optional).

      1.   Prior to plan development and submittal, the applicant is recommended to meet with the City and provide the City with a graphic depiction on an aerial map illustrating the existing tree canopy and potential areas for preservation of existing healthy trees with good form. Knowing the location and size of significant trees on the development site facilitates a common understanding of what options and incentives are available to preserve trees and improve the appearance of the proposed development while meeting the development goals of the applicant.

      2.   The applicant shall also provide information on the location and species of any trees having a DBH of ten (10) to twenty-five (25) inches in circumference.

      3.   Trees meeting the standards in B above should be identified on a plan and discussed during the Pre-Application meeting along with potential opportunities for tree preservation. Tree preservation is to be determined in conjunction with the City’s input.

      4.   Once determined, the applicant shall indicate the location of the tree protection zones on the development plans. Tree protection areas based on the trees’ critical root zones shall be noted and drawn to scale on demolition, grading and erosion control, and landscaping plans. The general type, size and nature of the existing trees to be saved and credited toward landscaping requirements shall be included as a table, as well as being graphically illustrated.

      5.   Tree save areas must be described by metes and bounds on the recorded plat, individual recorded deeds, and all property association documents for land held in common.

   E.   Coordination with Other Plans.

      1.   Coordination with Stormwater Requirements. When required stormwater management facilities are enhanced as a site amenity they may qualify as a portion of the required open space. Determination of credit shall be at the discretion of the Director in accordance with the provisions of the UDO.

      2.   Coordination with Site Lighting. Coordination is required so that site lighting is located an appropriate distance from trees to minimize future conflict.

   F.   Critical Root Zone. Critical to the tree’s survival is protection of the critical root zone. The critical root zone is the minimum area beneath a tree that must be left undisturbed in order to preserve a sufficient root mass to give a tree a reasonable chance of survival. The critical root zone is generally 18 to 24 inches deep and typically represented by a concentric circle centering on the tree trunk with a radius of at least one foot for every inch of trunk diameter taken at four and one-half feet above grade (DBH). Approximately 50 percent of a tree’s root system is in the top 12 inches of soil with 90-95 percent of the root system within the top three feet. For example, a ten-inch diameter tree requires a protective barrier with a minimum ten-foot radius. Proposed buildings shall not be located within ten feet of the critical root zone of any existing tree proposed to be preserved (see Figure 8.3.8.

Figure 8.3.8. Critical Root Zone Protection Standards

   G.   Tree Removal Permits. No Tree Removal Permit shall be granted where the Applicant has failed to implement the principles of avoidance and then minimization of adverse impacts to Trees. Applications, applicants, property owners or similar removing trees in violation of this section shall be subject to the standards of Section 8.3.8.B.5.

      1.   No Tree Removal Permit shall be granted unless the development application or proposed activity is consistent with the permitted use of the property under the UDO, as may be amended.

      2.   Failure to obtain a Permit prior to tree removal, or to abide by its conditions, including damage to any tree in a tree save area, or damage to any tree in a tree protection zone established as part of an approved plan and or permit is a violation of this UDO and subject to the remedies and penalties in this UDO and or applicable City ordinances. In addition, trees damaged or unlawfully removed shall be replaced with one or more replacement trees consistent with Subsection B.5 above. The replacement trees shall be replanted within 12 months of the notice.

      3.   Exemptions. The following activities are exempt from the requirements of obtaining a Tree Removal Permit:

         i.   Trees pose a safety hazard to people, buildings, structures, vehicles or other improvements.

         ii.   The City-initiated or approved removal of any vegetation which is in an unsafe condition, constitutes a nuisance or noxious weed, or which by its nature is injurious to sanitary sewers, electrical power lines, gas lines, water lines, stream or conveyance channels, or other public improvements, or vegetation which is infected with any injurious fungus, insect, or other pest.

         iii.   One and two single-family residential dwellings including existing developed lots.

         iv.   Normal forestry activities taking place on property which is taxed under the present-use value standard or conducted pursuant to a forestry management plan prepared or approved by a forester registered pursuant to Chapter 89B of the North Carolina General Statutes.

         v.   The removal of vegetation on property located within an approved residential subdivision which is zoned for single-family use, and provided such vegetation is not a portion of a required streetscape or other landscaping buffer.

         vi.   If the Applicant can clearly demonstrate to the satisfaction of the Director during permit review, or the Council on appeal, respectively, that setting aside the space necessary to protect a said tree(s) would unreasonably prevent the development of a lot or parcel of land.

         vii.   Except as otherwise preempted by applicable state standards, State or local regulations require fill to the extent that Trees cannot be saved and the required elevations are certified by the project engineer; or

         viii.   Trees are diseased or are weakened by age, storm, fire, or other injury, or as a result of suppression by other Trees or vines, or site conditions, to the extent that they have lost most of their function and value, or pose a danger to Persons, property, utilities, sidewalks, streets, sewers, other facilities, improvements or other Trees, if so determined by the Director, or by the Council on appeal, respectively. No permit shall be granted for the removal of any Tree if the hazard can be abated by any other reasonable means.

         ix.   No permit shall be granted for the removal of any Tree if the hazard can be abated by any other reasonable means.

      4.   Dead Trees. If a Tree dies after a Tree Removal Permit has been issued and prior to the issuance of a certificate of occupancy or certificate of completion, the Applicant shall notify the Director and request an inspection, prior to the removal of the dead Tree(s). An inspection by City staff will be made within a reasonable time frame upon notification by the Applicant. Failure to notify the Director prior to the removal of any dead Tree constitutes a violation of this article. If the Tree death can be attributed to anthropogenic (man-caused) activities, as determined by the Director, Tree mitigation shall be required.

      5.   Final Inspections. All Tree Removal Permits will require, as a general condition, a final inspection to ensure compliance with the provisions of this article. Final inspections shall be scheduled by the Applicant after the final grade is complete. Final inspections will be completed by staff within a reasonable timeframe upon notification by the Applicant.

   H.   Preservation Plan. A tree preservation plan shall be required as part of any landscaping plan submitted to the Department of Planning and Development and meet the following standards:

      1.   The plan must show there will be no disturbance within a preserved tree’s critical root zone.

      2.   A preserved tree’s critical root zone shall be protected from encroachment and damage.

      3.   The preferred method is to restrict access by installing a barrier to keep materials, people, or equipment out of the critical root zone.

      4.   Barriers shall be accompanied by temporary signs labeling the critical root zone.

      5.   The critical root zone area shall remain free of all building materials and debris.

   I.   Additional Remedies, Violations and Penalties. Failure to comply with the provisions of Section 8.3.8 shall constitute a violation of this Ordinance, and shall subject an offending party to a series of actions, including the payment of fines, delay in development plan approval or building permit issuance, and the requirement to double the amount of required vegetation as would typically be required during the development plan review and approval process.

      1.   Table 8.3.8 C: Penalties for Non-Compliance below describes the penalties for non-compliance with this section. An “X” in a particular cell indicates the associated penalty which applies:

 

Table 8.3.8 C: Penalties for Non-Compliance
Type of Violation	Payment of Fines	Tree Replacement Requirements (Table 8.3.8.B and Table 8.3.8.D)	Three to five year delay in approval of building permit or development approval
Property is exempt from Tree Removal Permit requirements, but all or substantially all** vegetation within required buffers and/or vegetation protection is removed		X	X
Property obtains a Tree Removal Permit, but removes some of the vegetation within a required buffer and/or tree protection area.	X	X
Property is not exempt from Tree Removal Permit requirements; but property owner obtains no permit, and removes some of the vegetation within a required buffer and/or tree protection area.	X	X
Property is not exempt from Tree Removal Permit requirements; but property owner obtains no permit, and removes all or substantially all* of the vegetation of a required buffer and/or tree protection area.	X	X	X
*”all or substantially all” shall mean seventy-five (75) percent or more of the existing trees with a caliper or four (4) inches or greater.

 

      2.   Table 8.3.8.D: Baseline Replanting Requirements per 2,000 square feet of Disturbed Area.

Plant Type

Number

Minimum Caliper

Container Size

Minimum Height

Plant Type		Number	Minimum Caliper	Container Size	Minimum Height
Trees	Canopy	2	2"		8'
	Understory	2	2"		8'
	Evergreen*	6	2"		8'
Shrubs	Evergreen	7	2"		18"
	Deciduous	8			18"
Groundcover Plants		22		1 gal.
*Where an opaque performance standard is required, evergreen trees shall provide foliage from ground level up, and shall be planted in staggered double rows.

 

      3.   Fines. Shall be imposed concurrently, and in addition to replanting requirements of Table 8.3.8 B and D as provided below:

         i.   A fine of two thousand dollars ($2,000) shall be imposed for any unauthorized disturbance, excluding excessive pruning, within the boundaries of a tree protection zone.

         ii.   A fine of four dollars ($4.00) shall be imposed for every square foot of area disturbed or from which vegetation was removed or damaged within a required landscape area.

         iii.   Where it is determined in accordance to with Section 8.3.8 tables 8.3.8 8 and 8.3.8 D that the required caliper inches cannot be accommodated on site with replacement vegetation, then a fine shall be imposed in the amount of one hundred dollars ($100) per caliper inch that is not replaced.

8.3.9. SCREENING OF SERVICE AREAS AND OUTDOOR DISPLAY/STORAGE.

8.3.10. FENCES, WALLS AND BERMS.

   A.   General Standards.

      1.   Fences and walls must be constructed of high-quality materials including brick and stone, stucco over concrete masonry blocks, treated wood, wrought iron, composite fencing, PVC vinyl, and other like materials as approved by the Department of Planning and Development.

      2.   All fence support structure must be located on the inside of the fence covering material.

      3.   Fences and walls must be maintained; any missing or deteriorated portions of fencing material or wall shall be replaced.

      4.   The maximum height of a fence or wall shall be eight (8) feet in non-residential zoning districts. Exceptions may be granted for unique uses such as sports venues, or where required for safety of pedestrians or motorists.

      5.   The maximum height of a fence within required rear and side yards shall be six 6) feet in residential zoning districts and maximum height of a fence within a front yard shall be five (5) feet.

      6.   Bright colors including orange, yellow and red are not permitted for permanent fences.

      7.   No fence, wall or berm may encroach into a public right-of-way or inhibit motorist visibility or site triangle. Fences and walls shall not block any required ingress or egress point.

      8.   Fences, walls and berms may encroach into required yards.

      9.   Fences, walls and berms are exempt from setback requirements. However, a berm may not be constructed in a manner that any portion of berms slopes extend over the property line.

      10.   All fences and walls shall be installed with the finished side facing towards the exterior or adjoining properties and rights-of-way.

   B.   Electric Fences. Electric fences are only permitted in conjunction with agricultural activities in the, RLD, and RMD districts, by right in the GI and HI districts, and by special use permit in the GB district. Electric fences must abide by the following standards:

      1.   Electric fences must be driven only by a commercial storage battery not to exceed twelve (12) volts DC.

      2.   All electric fences shall be surrounded by a non-electrical fence of at least six (6) feet in height.

      3.   Warning signs shall be required on all electric fences and meet all safety and emergency services requirements.

   C.   Barbed Wire Fences. Barbed wire fencing is permitted in conjunction with agricultural activities in the, RLD, and RMD districts. It is also permitted in the GI and HI districts. Barbed wire may be approved by special use permit in other districts in accordance with the required standards of review in Section 3.4.9: Special Use Permits and if deemed necessary to protect health and safety in association with utility structures, landfills, airports or similar civil uses.

   D.   Berms. Berms conform to the following standards:

      1.   Berms In Required Yards. Berms may be located in required yards.

      2.   Grading of Berms. Berms shall not exceed a grade of one (1) foot of rise in three (3) feet of length.

      3.   Landscaping. Berms, which may also feature walls as permitted in Section 8.3.4. shall be landscaped and meet all landscape requirements.

      4.   Height. Berms shall not exceed a total of eight (8) feet above the toe of the berm.

      5.   Flat Top. Berms shall have a minimum two (2) foot flat top width at the top of the berm height.

      6.   Drainage. Berms shall not drain onto neighboring yards and cause undue pooling of water. Runoff shall be directed into appropriate drainage easements or facilities.

Figure 8.3.10. Berms and Walls

(Am. Ord. O-2024-36, passed 7-9-24)

8.3.11. APPROVED PLANT LIST.