The Town of Newport is blessed with a diverse and abundant cover of trees and vegetation and such cover is of general aesthetic value to the town. The appearance of the Town of Newport contributes ecologically and aesthetically to the growth and economic prosperity of the town. Therefore, it is necessary to protect, preserve and restore this valuable asset. The intent and purpose of this article is as follows:

   a.   To aid in stabilizing the environment’s ecological balance by contributing to the processes of air purification, oxygen regeneration, groundwater recharge and storm water runoff retardation, while at the same time aiding in noise, glare and heat abatement;

   b.   To encourage the preservation of existing trees and desirable vegetation;

   c.   To assist in providing clean air;

   d.   To provide visual buffering and enhance the beautification of the town;

   e.   To safeguard and enhance property values and to protect public and private investment;

   f.   To preserve, protect and restore the unique identity and environment of the town and preserve the economic base attracted to the town by such factors;

   g.   To conserve energy; and to protect the public health, safety and general welfare; and

   h.   To provide habitat for living things that might not otherwise occur or be found in urban and suburban environments.

(Ord. Z2013-01, passed 9-12-2013)

   a.   An application for development, other than a single-family house on an existing lot, shall be accompanied by a landscape site plan and filed with the Zoning Administrator. Said application shall be accompanied by a filing fee as established in the Town Fee Schedule.

   b.   A building permit shall not be issued until the site plan has been submitted and approved. A certificate of occupancy shall not be issued until the landscaping is completed in accordance with the approved landscape plan.

   c.   Where the development project is large enough to require a NCDENR permit for sedimentation and erosion controls, the developer shall furnish the Planning Department with two copies of the DEM application to include storm water management design drawings. The Town Manager may require a review and recommendation for approval or modification of the storm water design by the Town Engineer or other designated person. The engineering review cost shall be charged to and paid by the developer. Full payment shall be made prior to any construction permits issued by the town.

   d.   Where conditions do not permit immediate planting and/or landscaping is not completed when requesting a certificate of occupancy, the owner may post a bond as provided herein to guarantee completion.

   e.   If the Zoning Administrator is furnished with a bond equal to 250% of the cost of the total required planting (including labor) and a signed statement by the developer or business owner of the following conditions, then a temporary certificate of occupancy may be issued. The required bond must be in the form of a cashier’s or certified check, or a letter of credit from an approved lending institution, made payable to the Town of Newport. Conditions for bonding:

      1.   The site must be prepared to conform to the landscaping ordinance with the exception of the actual installation of the plants;

      2.   Planting must be installed and approved within three months from the date a temporary certificate of occupancy is issued or bond will be forfeited to the town. Additional time may be granted by the Planning Board for unusual circumstances. The owner will be subject to civil penalties for continued violation of the Zoning Ordinance; and

      3.   The cost estimate is to be prepared by a qualified landscape contractor or nurseryman using prevailing material and labor costs. All cost estimates must receive approval of the Zoning Administrator.

(Ord. Z2013-01, passed 9-12-2013)

   On a corner lot, nothing, except as herein provided, shall be erected, placed, planted or continued to exceed the height of three feet or be lower than eight feet, which inhibits the visibility of a motor vehicle operator within a triangular area formed by the intersection of the right-of-way of two streets or railroads, or of a street and a railroad, and a diagonal line, line of vision (L.O.V.), which intersects the right-of-way lines at two points each 25 feet from the intersection of the right-of-way lines.

(Ord. Z2013-01, passed 9-12-2013)

   The following trees may be incorporated within the landscape but will not be given credit for the minimum required tree in the front yard:

      1.   Trees that are “tropical” type species, such as palm tree;

      2.   “Bradford” pear tree;

      3.   Dogwood tree; and

      4.   Crape myrtle tree.

(Ord. Z2013-01, passed 9-12-2013)

   The following plants are specifically prohibited from use to meet the landscaping requirements of the Town of Newport:

      1.   Poison ivy, poison sumac, poison oak or any other plant poisonous to touch;

      2.   Yucca, Spanish bayonet, Adams needle, cactus or any other plant harmful to touch;

      3.   Railroad or kudzu vine;

      4.   Avoid nuisance or harmful plants and incongruous plant choices; and

      5.   Any other plant determined by the Zoning Administrator to be a nuisance or excessively subject to diseases.

(Ord. Z2013-01, passed 9-12-2013)

   Whenever a site has conflicting requirements, that with the most stringent requirements will be enforced.

(Ord. Z2013-01, passed 9-12-2013)

   a.   Where screening is already provided or when unusual topography or elevation of a site, or the size of the parcel involved, or the presence of screening on abutting property would make the strict adherence to the ordinance serve no useful purpose, the Zoning Administrator may waive the requirements for screening as long as the spirit and intent of this ordinance are adhered to. This section does not negate the necessity for establishing screening for uses abutting vacant property.

   b.   In older areas of the CD Zone where there is not adequate property available. Where property is available then landscaping is required to the extent possible.

   c.   The Town Planner or Zoning Administrator may consider minor variations from the explicit requirements of this part where a better architectural plan can be demonstrated. There may be cases where it is not practical or desirable and landscape would be ineffective and/or would interfere with traffic or pedestrian safety to adhere to the strict interpretation of this part and so long as the spirit and intent of this part is satisfied.

(Ord. Z2013-01, passed 9-12-2013)

   a.   All landscaping shall be installed in a sound, workmanship-like manner and according to accepted, good planting practices and procedures.

   b.   Plants shall require protection from vehicular encroachment.

(Ord. Z2013-01, passed 9-12-2013)

   Landscaping, screening and buffering shall not interfere or damage off-site properties and must conform to any other town erosion control or drainage requirements. Any situation inconsistent with this requirement shall be remedied at the expense of the property owner causing the problem.

(Ord. Z2013-01, passed 9-12-2013)

   a.   The owner of the property shall be responsible for the continued proper maintenance, repair and replacement of all landscaping materials.

   b.   All unhealthy, 50% or more dead or completely dead plant shall be replaced with originally specified plants or approved substitutions within one year.

   c.   Any violation will be noted and property owners will have 90 days in which to correct all violations, except in those cases when plant material replacement should be delayed because of seasonal factors until the next planting season.

   d.   Failure of the owner to provide maintenance as described above shall constitute a violation of the Newport Zoning Ordinance.

(Ord. Z2013-01, passed 9-12-2013)

   a.   Any nonresidential use established after the effective date of these regulations which abuts a residential district or land occupied by residential use permitted by these regulations, or other incompatible uses or wherever screening is required, shall provide and maintain along said property line a continuous visual buffer. A buffer shall be a minimum five feet wide. The purpose of the buffer is for separation, or for reducing noise, glare, visual or other nuisance, and/or other undesirable effects. An undeveloped or forested area along the property line that can be maintained may be given credit for the buffer requirement.

   b.   The vegetative buffer shall contain evergreen shrubs spaced not more than five feet apart, and not less than one row of dense shrubs planted at an initial height of at least five feet plus one evergreen or deciduous tree minimum two-inch caliper size per 30 feet of lineal boundary or fraction thereof.

   Note

   Refer to the following illustration situations for guidance in interpreting the requirements of this section.

   Situation (1)

   For situation (1), most commonly used when less intensive office or commercial districts abut residential or apartment districts. Shall consist of plants with minimum height at planting of two to three feet and reaching a height of eight to ten feet at maturity. The intent of this category is to provide dense landscaping to visually and physically separate uses.

   Situation (2)

   For situation (2), most commonly used when industrial districts abut residential districts or apartment districts. Shall consist of evergreen plants, branching to the ground, with a minimum height at installation of five to six feet and reaching a height of 20 feet at maturity. The intent of this category is to provide for medium height and dense landscaping to visually and physically separate uses. The width of the planting area shall be 25 feet, unless otherwise specified.

   Situation (3)

   For situation (3), most commonly used to provide tall landscaping to visually and physically separate incompatible uses. Shall consist of plants, branching to the ground, with a minimum height at installation of five to six feet and reaching an ultimate minimum height of 30 feet at maturity.

   Situation (4)

   In situation (4), most commonly used when business districts abut residential districts or apartment development or where it is determined that more stringent buffering is required. Shall consist of evergreen trees branching to the ground or a combination of trees and shrubs. The intent of this category is to provide landscaping with sufficient density, mass and height to physically and visually separate uses. Planting is encouraged to be innovative in terms of spacing and linear arrangement to allow the widest possible variation for visual enhancement while separating uses. Plantings should not encroach onto adjacent properties. The width of the planting area shall be 15 feet, unless otherwise specified.

   c.   When a vegetative buffer is deemed inappropriate, the Zoning Administrator may allow either a durable masonry wall or wooden fence designed to be compatible with the character of adjacent properties. Within residential districts, walls and fences must be at least five feet in height but no greater than ten feet in height, measured from the ground along the common lot line of adjoining properties.

   d.   Public utilities and similar uses, such as antenna tower, pump stations, etc., that are normally unmanned, need only fence around the immediate area of the facility unless the Zoning Administrator determines that screening the entire area is required.

   e.   Unless otherwise provided, buffer materials shall be installed to provide a minimum of 70% summer opacity, between one foot above finished ground level of the vehicle use area being screened or of the landscape buffer between uncomplimentary uses to the top of the required planting, hedge, fence, wall or earth mound within four years after the installation.

(Ord. Z2013-01, passed 9-12-2013)

   In instances of incompatible uses, or significant use intensity or density changes, a buffer area may be required with screening structures, landforms and/or vegetation as prescribed by the Board of Adjustment or Planning Board as appropriate.

(Ord. Z2013-01, passed 9-12-2013)

   a.   This and following sections describe the minimum requirements that shall be met in regard to interior and perimeter landscaping for vehicle use areas, landscape buffers relating to incompatible land uses and zones, additional landscaping requirements and screening of garbage containers.

   b.   In all zones, uncovered area shall be landscaped. This requirement pertains to all new developments.

(Ord. Z2013-01, passed 9-12-2013)

   a.   When any of the following occurs to preexisting situations, then landscaping shall be incorporated as specified herein to the maximum extent possible:

      1.   Structural additions of more than 10% of the total gross floor area of all existing buildings are to be undertaken;

      2.   An existing structure or land use is to be reused for a different principal use; or

      3.   Existing vehicle use areas on the premises do not comply with this subsection. In the event that such an existing vehicle use area is unable to comply with these requirements without reducing the number of existing parking spaces, such vehicle use areas shall comply to the maximum extent possible without loss of existing parking spaces.

   b.   Existing landscape material shall be shown on the required plan, and any material in satisfactory condition may be used to satisfy these requirements in whole or in part when such material meets the requirements and achieves the objectives of this ordinance.

(Ord. Z2013-01, passed 9-12-2013)

   For single-family or two-family development, this section does not address the requirement for side yard or rear yard landscaping.

   a.   Trees. All new construction of single residential lots or subdivision lots. The minimum planting size of eight feet high at the time of installation, two-inch-caliper, planted every 30 feet on center of lineal boundary of street frontage for a minimum of two trees in the front yard.

   b.   Existing trees may be retained and credit may be given provided the trees are healthy and in good condition, and adequate tree protection practices are followed. This pertains to only the front yard.

   c.   Only canopy type trees can be utilized for minimum credit. Trees should be placed so as not to interfere with underground or overhead utility lines.

   d.   To encourage creativity, trees may be randomly spaced within the front yard as long as the total number of trees required is utilized.

(Ord. Z2013-01, passed 9-12-2013)

   A PARKING LOT is any area where motor vehicles are stored for the purpose of temporary, daily or overnight off-street parking. The parking lot and foundation landscaping section applies to the following:

   Sample of Internal Parking Lot Landscaping

      1.   Any public or private parking lot with ten or more spaces;

   Note: Paving Treatment, Benches and Trash Receptacles Assist in Creating a Pedestrian

   Friendly Entrance Area

      2.   Existing parking lots whose enlargement or reconstruction will increase it to ten or more spaces;

      3.   Interior coverage requirements consists of planted areas within the perimeter of the parking lot;

      4.   The minimum landscape area permitted shall be 64 square feet, with four-foot minimum dimension to all trees from edge of pavement where vehicles overhang;

      5.   Such landscaped areas shall be located in such a manner as to divide and break up the expanse of pavement and at strategic points to guide travel flow and direction;

      6.   In order to encourage the required landscaped areas to be properly dispensed, no required landscape area shall be larger than 350 square feet in vehicle use areas under 30,000 square feet in size and no required area shall be larger than 1,500 square feet in vehicle use areas over 30,000 square feet;

      7.   Landscape areas larger than above are permitted as long as the additional area is in excess of the required minimum;

      8.   Required interior landscaping located as herein provided shall be in addition to the perimeter landscaping requirements;

      9.   One tree is required for every 150 square feet of planted area;

      10.   Trees must be a minimum of two-inch-caliper and eight feet tall at time of planting;

      11.   Only canopy type trees can be utilized, not those typically considered ornamental and under story trees. Trees should be placed so as not to interfere with overhead utility lines or parking lot lighting;

      12.   Trees must be planted in a minimum 64 square-foot area;

      13.   Islands must provide a minimum four-foot distance from the tree trunk to any curb and sized to accommodate the tree growth. Vegetative landscaped islands shall be located in the vehicle accommodation area at the end of parking bays, inside medians or between parking spaces;

      14.   All plantings shall be distributed throughout the vehicle accommodation area where practical;

      15.   Existing trees may be retained and credit may be given provided the trees are healthy and in good condition, and adequate tree protection practices are followed;

      16.   Coverage areas may incorporate turf, grasses, rocks, pebbles, sand or other approved materials;

      17.   Shrubs shall be a minimum of 18 inches in height or spread and minimum five gallon container at time of planting; and

      18.   Interior coverage landscaping is required along drive aisles that connect different sections of parking areas.

(Ord. Z2013-01, passed 9-12-2013)

   a.   Street frontage requirements consists of a planting strip, made up of trees and shrubs, located between the abutting edge of the sidewalk and parking lot curb line, or where there is no sidewalk, between the public right-of-way line and the parking lot curb line.

   b.   The street frontage planting area must be a minimum five feet in width.

   c.   Where the street frontage requirements conflict with adequate sight distances required at driveways and street intersections, the provisions of Article XI of the Zoning Ordinance shall apply.

   Example of Street Frontage

(Ord. Z2013-01, passed 9-12-2013)

   The street frontage area must contain one or a combination of the following features.

(Ord. Z2013-01, passed 9-12-2013)

   a.   One shrub per four linear feet must be provided. (Example: 25 shrubs per 100 feet.) Seventy percent of species utilized must be evergreens.

   b.   To encourage creativity, shrubs may be grouped or randomly spaced as long as the total number of shrubs required is utilized.

   c.   Shrubs shall be a minimum of 24 inches in height at time of planting.

(Ord. Z2013-01, passed 9-12-2013)

   Where berms are used, they shall be undulating and/or meandering with a maximum height of four feet.

   Example of Landscape Berm

(Ord. Z2013-01, passed 9-12-2013)

   a.   In lieu of shrubs, a wall or fence may be utilized which conforms to the minimum fencing standards found in the Town Zoning Ordinance. (Chain link fences may not be used unless it is proven to be necessary for security.)

   b.   Walls and fences shall be a minimum of three feet in height.

   c.   Walls should be made of the same or compatible material and color as the principal structure in terms of texture and quality.

(Ord. Z2013-01, passed 9-12-2013)

   Example 1 of Landscaped Commercial/Public Building

   Example 2 of Landscaped Commercial/Public Building

   a.   Foundation plantings are required for all commercial, public, industrial buildings and structures. The requirements for foundation planting are as follows.

   b.   A minimum of 50% of any side of a building facing a public right-of-way must be planted.

   c.   Plantings must be placed adjacent to building sides or provided in planters near building sides.

   d.   Planted areas must be a minimum of three feet in width excluding a minimum two-foot wide strip along the curb for vehicular overhang, unless wheel stops are used. If trees are utilized, the planting area should be sized for the tree growth.

(Ord. Z2013-01, passed 9-12-2013)

   a.   Shrubs planted immediately adjacent to the building shall be a minimum of 18 inches in height at time of planting.

   b.   Shrubs planted in elevated planters located near the building should be a minimum of 15 to 18 inches in height or spread and minimum three gallon container at time of planting.

   c.   One shrub is required for every 15 square feet of total required landscaped area.

   d.   Foundation plantings should be grouped and maintained so as not to block or obstruct windows and doors.

(Ord. Z2013-01, passed 9-12-2013)

   A display area is an area generally considered accessible to the public including auto/truck sales, leasing and rental lots, recreational vehicles sales, trailer sales lots, etc.

   Planting requirements for display areas are:

   a.   Interior coverage requirements consists of planting areas within the perimeter of the display area;

   b.   Street frontage requirements consists of a planting area, made up of trees and shrubs, located between the abutting edge of the sidewalk and display area curb line, or where there is no sidewalk, between the right-of-way line and the display area curb line.

   Example 1 of a Display Area for Vehicle Sales Lot

   Example 2 of a Display Area for Manufactured Homes

(Ord. Z2013-01, passed 9-12-2013)

   a.   All interior coverage areas may be planted with turf grasses, ground covers or ornamental shrubs.

   b.   Shrubs shall be a minimum of 18 inches in height or spread and minimum three gallon container at time of planting.

   c.   Ground covers may also consist of rocks, pebbles, sand or other approved materials.

   d.   Islands must provide a minimum four-foot distance from the tree trunk to any curb and sized to accommodate the tree growth.

   e.   In display areas of less than 30,000 square feet, no planting area exceeding 350 square feet shall be given credit toward satisfying the interior coverage requirement, except where trees are retained and protected during construction.

   f.   In display areas 30,000 square feet or greater, no planting area exceeding 1,500 square feet shall be given credit toward satisfying the interior coverage requirement, except where trees are retained and protected during construction.

   g.   In no case shall entrance islands be credited with more than 350 square feet toward satisfying the interior coverage requirements.

(Ord. Z2013-01, passed 9-12-2013)

   The tree requirements must conform to the following specifications and standards at time of planting:

   a.   Trees must be planted in a minimum 64 square foot area;

   b.   One tree is required for every 150 square feet of planted area;

   c.   Trees must be a minimum of two to two and one-half inch-caliper at time of planting;

   d.   Only canopy type trees can be utilized, not those typically considered ornamental and under story trees. Trees should be placed so as not to interfere with overhead utility lines or parking lot lighting; and

   e.   Existing trees may be retained and credit may be given provided the trees are healthy and in good condition, and adequate tree protection practices are followed.

(Ord. Z2013-01, passed 9-12-2013)

   a.   Plantings required for screening along the perimeter of the site;

   b.   Plantings required by the street frontage requirements or foundation requirements of this ordinance;

   c.   Plantings required for the screening of dumpsters and loading docks; and

   d.   Plantings required for buffering between uses.

(Ord. Z2013-01, passed 9-12-2013)

   a.   Street frontage planted areas must be a minimum five feet in width.

   b.   Trees and shrubs are required in the planting area. In lieu of shrubs, a wall or fence a minimum of three feet in height may be utilized. Berms, a minimum of three feet in height, that meander and/or undulate, may also be used in lieu of shrubs.

(Ord. Z2013-01, passed 9-12-2013)

   a.   Where street frontage requirements conflict with adequate sight distances required at driveways and street intersections, the provisions of the Zoning Ordinance shall apply; and

   b.   Sight distance requirements as specified under other sections of this ordinance.

(Ord. Z2013-01, passed 9-12-2013)

   a.   The tree requirements must conform to the following specifications and standards at time of planting. To encourage creativity, trees may be grouped or randomly spaced as long as the total number of trees required are utilized.

   b.   Minimum of “medium” size with 25 feet spacing and one and one-fourth- to one and one- half-inch-caliper (six to eight feet in height).

   c.   Additionally existing trees may be retained and given credit provided the trees are healthy and in good condition and adequate tree protection practices are followed.

(Ord. Z2013-01, passed 9-12-2013)

   a.   The street frontage area must contain one or a combination of the following features:

   b.   One shrub per four linear feet must be provided. (Example: 25 shrubs per 100 feet.) Seventy percent of species utilized must be evergreen.

   c.   Shrubs shall be minimum of 24 inches in height at time of planting.

   d.   To encourage creativity, shrubs may be grouped or randomly spaced as long as the total number of shrubs required is utilized.

   Berms

   e.   Berms shall be undulating and/or meandering with a minimum height of three feet and a maximum height of four feet.

   f.   Berms that are planted and mulched shall not exceed a slope ratio of two to one. This requires a minimum 12-foot base width for a three foot high berm.

   g.   Berms covered with turf grass shall not exceed a slope ratio of three to one. This requires a minimum 18-foot base width for a three foot high berm.

   h.   In lieu of shrubs, a wall or fence which conforms to the minimum fencing standards found in § 11-1 may be used. (Chain link fences may not be used.)

   i.   Walls and fences shall be a minimum of three feet in height.

   j.   Walls should be made of the same or compatible material and color as the principal structure in terms of texture and quality.

(Ord. Z2013-01, passed 9-12-2013)

   Dumpsters and/or trash receptacles shall be screened from view by the following combination.

(Ord. Z2013-01, passed 9-12-2013)

   a.   A solid fence or wall shall be a minimum of six feet in height.

   b.   The fence or wall shall be made of the same or compatible material and color of the principal structure in terms of texture and quality.

   Example 1 of Landscaped Dumpster

   Example 2 of Landscaped Dumpster

(Ord. Z2013-01, passed 9-12-2013)

   a.   Shrubs shall be planted at a minimum of 48 inches in height at time of planting.

   b.   Shrubs shall be planted a maximum of four feet on center.

(Ord. Z2013-01, passed 9-12-2013)

   a.   A LOADING DOCK is a platformed space within the building or that protrudes from the building for the standing, loading or unloading of trucks.

   b.   Loading docks not screened by an intervening building shall be screened from view its entire length, except for necessary access.

   c.   Screening should be accomplished by the following combination.

(Ord. Z2013-01, passed 9-12-2013)

   a.   A solid fence or wall shall be a minimum of six feet in height.

   b.   The fence or wall shall be made of the same or compatible material and color of the principal structure in terms of texture and quality.

(Ord. Z2013-01, passed 9-12-2013)

   a.   Evergreen plants which are expected to reach six feet or greater within three years of planting shall be provided.

   b.   The plants shall be a minimum of 36 inches in height when planted.

   c.   The plants shall be planted a maximum of four feet on center.

   Typical Screening Diagram of Loading Dock

(Ord. Z2013-01, passed 9-12-2013)

   A minimum of 75 square feet of planted area shall be provided around any freestanding sign. Planting material shall include a combination of:

   a.   Grass, ground cover, low shrubs not exceeding a height of three feet at maturity or design elements used in conjunction with the sign not exceeding the three foot height limit;

   b.   All plant materials shall be placed in a defined planting area which shall be a minimum of six feet in width. All plantings shall be maintained so as not to obstruct the view of the sign face on either side, nor shall any materials used for landscaping encroach onto adjacent properties;

   c.   All plant materials utilized to fulfill the freestanding sign planting requirement shall be subject to the approval of the Planning Department;

   d.   Freestanding sign landscaping shall be designed so as to be compatible with parking lot plantings in order to help achieve the goal of a unified project design; and

   e.   Freestanding sign landscaping area shall be included as a credit in the calculations for any area required for parking lot landscaping.

   Example 1 of Landscaped Freestanding Sign

   Example 2 of Landscaped Freestanding Sign

(Ord. Z2013-01, passed 9-12-2013)