North Manchester City Zoning Code
LANDSCAPE REGULATIONS
§ 156.465 PURPOSE.
The purpose of this subchapter is to provide minimum standards involving the development of land to:
(A) Provide attractive views from roads and adjacent properties;
(B) To screen from view visually undesirable uses;
(C) To require screening between incompatible land uses; and
(D) To protect the health, safety and welfare of the community through the reduction of noise, air and visual pollution and artificial light glare.
(Ord. passed 9-26-2006)
§ 156.466 APPLICABILITY.
(A) This subchapter shall apply to new property development and any collective substantial expansion or change in land use, except for the Residence Estate, Residence Single-Family and Residence Two-Family Districts. Substantial expansion or modification of the existing structures shall be defined based on the criteria established below:
When Existing Structure is | A Substantial Expansion is |
0 - 1,000 square feet | 50% or greater |
1,001 - 10,000 square feet | 40% or greater |
10,001 - 25,000 square feet | 30% or greater |
25,001 - 50,000 square feet | 20% or greater |
50,001 square feet and larger | 10% or greater |
(B) Greenbelt areas shall be required within ten feet of, and immediately adjacent to, the existing or proposed right-of-way of any public roadway as established in § 156.471 of this chapter.
(C) Buffer areas shall only be required along side and rear property lines as established in § 156.474 of this chapter. Buffer areas shall not be required along street frontage or along other rights-of-way unless required by the Building Commissioner.
(Ord. passed 9-26-2006)
§ 156.467 SUBMISSION AND APPROVAL.
(A) Submission of landscape plans shall be as follows.
(1) No site or development plan required under this chapter shall receive final approval unless a landscape plan has been submitted and approved.
(2) No zoning permit or certificate of occupancy shall be issued unless such plan has been fully implemented on the site.
(3) Any property or site to which this subchapter applies shall illustrate all proposed buffers, screening and greenbelt materials on a site plan or on a separate landscape plan at a reasonable scale.
(4) All plans submitted shall include a table listing all plant materials within the required greenbelt and buffer areas. This table shall include the common and botanical names, sizes and other such information as necessary to fully describe the plant material selection.
(5) Detailed cross-sections shall be provided identifying the proper planting of trees, shrubs and ground cover within the required greenbelt and buffer areas.
(B) Approval of landscape plans shall be as follows.
(1) Landscape plans including the information as identified in division (A) above shall be submitted to the Building Commissioner for review as part of the application for a location improvement permit.
(2) The Building Commissioner shall review the information and approve, deny or approve with modifications the plans as submitted.
(3) The Building Commissioner may seek professional advice from a licensed landscape architect or nurseryman in the review of the submitted plans. The cost of such consultation may be passed on to the applicant.
(Ord. passed 9-26-2006)
§ 156.468 BUFFER AREA MATERIALS AND STANDARDS.
(A) New development, changes of use or substantially expanded structures shall provide landscape and buffer areas as provided in this subchapter.
(B) The following items are suitable for screening purposes individually or in combination with each other; provided, they create a dense screen, and are subject to review and approval by the Building Commissioner.
(1) Walls and fences. Walls and fences are subject to the conditions found here and in § 156.363 of this chapter.
(a) When walls or fences are used to fulfill screening requirements, they shall be detailed on the plan. They are to be constructed of weather resistant materials. This includes pressure treating or painting of lumber if it is not redwood or cedar and using aluminum or galvanized hardware. Chain link fences with or without wooden or synthetic slat material shall not be permitted to satisfy buffering requirements.
(b) Any wall or fence used for buffering shall be constructed so that the finished, or most visually appealing side of the wall or fence, is facing the adjacent property.
(2) Plants.
(a) Plant materials used in conformance with the provision of this subchapter shall conform to the standards of the American Association of Nurserymen and shall have passed any inspection required under state regulations. Trees shall be balled and burlapped or in containers. Shrubs, vines and ground covers shall be balled and burlapped or in containers. The height of all trees shall be measured from the top of the root ball to the top of the tree mass.
(b) Nursery stock identification tags shall not be removed from any planting prior to inspection and approval of final installation by the town.
1. Deciduous trees. Deciduous trees shall have a minimum caliper of at least two inches with a single central leader, for large and medium trees, conforming to acceptable nursery industry procedures at the time of planting. If deciduous trees are to be used for screening purposes, additional materials listed in § 156.468 of this chapter must be used to create a dense buffer.
2. Evergreen trees. Evergreen trees shall be a minimum of five feet in height at the time of planting and shall be unsheared, full and branched to the ground. Evergreen plantings used for screening shall be designed to provide an effective, dense screen within four years after the date of final approval of planting.
3. Shrubs and hedges.
a. Shrubs and hedges used for screening shall be at least two-thirds of their mature height, but never less than 24 inches in height at the time of planting. All shrubs and hedges used for screening shall be designed to provide an effective, dense screen and mature height within four years after the date of the final approval of planting.
b. The height at installation of the planting shall be measured from the level of the surface of the plant base at the edge closest to the screening.
4. Grass or ground cover. Grass shall be planted in species normally grown as permanent lawns in the county. In swales or other areas subject to erosion, solid sod, erosion reducing net or suitable mulch and temporary seeding shall be used for immediate protection until complete coverage otherwise is achieved. Grass sod shall be clean and free of weeds and noxious pests or diseases. Grass shall be sown or placed in any area not landscaped or paved. Ground cover shall be planted in such a manner as to provide 75% complete coverage after two growing seasons.
5. Existing plant material.
a. Existing vegetation shall be preserved, as much as feasibly possible, in accordance with acceptable nursery industry procedures.
b. The Plan Commission may approve a landscape plan which utilizes existing vegetation in lieu of new plantings; providing, the landscape plan:
i. Demonstrates that sufficient trees or landscape vegetation shall be preserved to equal or exceed the requirements of this subchapter;
ii. Provides that, in the event the preserved vegetation is damaged or dies within one year of completion of construction on the site, equivalent replacement vegetation shall be planted to provide landscaping which, at a minimum, meets or exceeds the requirements of this subchapter.
6. Earth mounds. Earth mounds may be used as physical barriers which block or screen a view. A difference in elevation between areas requiring screening does not constitute an earth mound. Earth mounds shall be constructed of earthen materials and shall conform to the following standards.
a. The maximum side slope shall be three horizontal to one vertical (3:1) and the design shall be reviewed by the Building Commissioner to ensure that proper erosion prevention and control practices have been utilized.
b. Berms and earth mounds shall be designed with physical variations in height and alignment throughout their length, and shall not be a detriment to natural or proposed drainage ways.
c. The landscape plan shall show sufficient detail, including a plan and profile of the berm or earth mound, soil types and construction techniques to demonstrate compliance with the above provisions.
d. Berms and earth mounds shall be located and designed to minimize the disturbance to existing trees located on the site or adjacent thereto.
e. No part of any berm or earth mound which is elevated more than 30 inches above natural grade shall be located within ten feet of any right-of-way or property line.
f. Adequate ground cover shall be used and maintained to prevent erosion of the earth mound.
(3) Maintenance of buffer areas.
(a) All landscape materials shall be installed and maintained according to accepted nursery industry procedures. The owner of the property shall be responsible for the continued maintenance of all buffer and landscape materials, and shall keep them in a proper, neat and orderly appearance, free from refuse and debris at all times. All unhealthy or dead plant material shall be replaced within one year, or by the next planting period, whichever comes first, by plant material similar in size and type to that which was removed. The owner or developer must show a proof of maintenance plan which indicates how the established buffer areas and landscaping will be maintained.
(b) Violation of these installation and maintenance provisions shall be a violation of this chapter.
(4) Buffer establishment. Once a buffer as required in § 156.474 of this chapter has been approved by the Building Commissioner and established by the owner, it may not be used, disturbed or altered for any purpose other than for buffering purposes.
(5) Location of buffer. A required buffer area may be erected in the required yard as established by this chapter in § 156.474 of this chapter.
(Ord. passed 9-26-2006)
§ 156.469 CONFLICTS IN REQUIREMENTS.
When an activity or land use falls under more than one category, the most stringent of the requirements shall be applied.
(Ord. passed 9-26-2006)
§ 156.470 EASEMENTS AND SETBACKS.
(A) (1) Required landscaping may be placed wholly or partially in utility or other easements providing all requirements can be fulfilled and approval is granted by the holder of the easements.
(2) The planting of trees directly under utility wires shall be avoided.
(B) (1) In no case, however, shall buffer areas be established that block the sight distance at street or driveway intersections.
(2) In the case of a town street intersection, the sight triangle shall consist of the area between points 35 feet from the right-of-way line along both intersecting streets.
(C) Buffer areas are not required in the front yard or in side yards closer to the street than the front building line of the structure unless screening an off-street parking area.
(Ord. passed 9-26-2006)
§ 156.471 GREENBELT AREAS.
At a minimum, that portion of any lot which is within ten feet of, and immediately adjacent to, the existing or proposed right-of-way of any public roadway shall be reserved as a greenbelt. In the case where a treelawn is present, the treelawn can count towards the greenbelt requirement.
(A) Applicability. Greenbelt requirements shall apply to all districts, except Residence Estate, Residence Single-Family, Residence Two-Family and the Central Business Districts.
(B) Greenbelt requirements.
(1) Landscape in the greenbelt area shall include one or more of the following items:
(a) One shade tree for each 40 lineal feet of frontage. Such trees may be evenly spaced at 40 feet on center or grouped together; provided that, in no case shall spacing between trees exceed 80 feet;
(b) One ornamental tree for each 25 lineal feet of frontage. Such trees may be evenly spaced at 25 feet on center or grouped together; provided that, in no case shall spacing between trees exceed 50 feet;
(c) One shrub for each five lineal feet of frontage. Such shrubs may be evenly spaced at five feet on center or grouped together; provided that, in no case shall spacing between shrubs exceed 15 feet; or
(d) Grass maintained free of weeds and debris.
(2) A combination of shade and ornamental trees may be used; provided that, in no case shall spacing between trees exceed 50 feet.
(3) Greenbelt areas shall be composed of trees, grass and other softscape treatment only, except that it may include pedestrian walkways; provided, the walkway does not occupy more than 25% of the greenbelt area and green space is maintained on both sides of the walkway by the property owner or the owner of the property to which the greenbelt abuts.
(4) (a) Access roads and driveways may cut through a greenbelt area perpendicular to the public roadway or parallel to a lot line without replacement requirements.
(b) If access roads and driveways are located within a greenbelt area in any other manner, the greenbelt area shall be increased by at least an equal amount of area.
(Ord. passed 9-26-2006)
§ 156.472 SCREENING AND INTERIOR LANDSCAPING OF OFF-STREET PARKING AND OFF-STREET LOADING AREAS.
(A) Screening of off-street parking and loading areas.
(1) Whenever a parking area for ten or more vehicles or an off-street loading area is located in, or adjacent to a residential district, or is adjacent to a religious place of worship, educational institution, or other institution located on an adjoining lot, it shall be effectively screened on all sides which adjoin or face any property used for these purposes. Screening shall be as follows.
(a) Screening shall be by an acceptably designed wall, fence or evergreen planting screen that is approved by the Building Commissioner.
(b) Such fence, wall or opaque planting shall not be less than three feet, nor more than four feet in height for off-street parking areas and six feet in height for off-street loading areas. Such fence, wall or opaque planting shall be maintained in good condition.
(c) The space between such fence, wall or planting screen and the lot line of the adjoining premises in any residential district shall be landscaped with grass, hardy shrubs or evergreen ground cover and maintained in good condition.
(d) The finished face of the fence or wall shall face the adjoining property.
(2) In the event that terrain or other natural features are such that the erection of such fence, wall or planting screen will not serve the intended purpose, then the Building Commissioner may allow an exception, so that no such fence, wall or planting screen and landscaping shall be required.
(B) Interior landscaping of off-street parking areas. Off-street parking areas containing more than 6,000 square feet of area or 20 or more vehicular parking spaces, whichever is less, shall provide interior landscaping. For each 100 square feet or fraction thereof of vehicular use area, at least five square feet of interior landscape area shall be provided.
(1) Interior landscape requirements. Interior landscaping shall be dispersed throughout the parking area. Landscaping shall be situated such that large, unbroken areas of pavement are avoided.
(a) Minimum area. The minimum landscape area permitted shall be 180 square feet, excluding curbs, with a four-foot minimum dimension to all trees from edge of pavement where vehicles overhang.
(b) Interior landscape dispersion. Fifty percent of the required interior landscaped areas shall be installed at the end of parking bays. The balance of the required interior landscaped area may be installed anywhere within the parking lot.
(c) Landscape area barriers. A permanent barrier, such as curbing or wheel stops, shall enclose each interior landscaped island or peninsula in order to minimize damage from vehicles and pedestrians. Landscape areas shall be filled with uncompacted, well-drained soil.
(2) Minimum tree specifications.
(a) In addition to greenbelt and screening requirements, a minimum of one tree shall be planted for each 3,000 square feet of impervious surface.
(b) Trees located at the end of a parking bay shall be deciduous shade or deciduous ornamental. Trees located in any other portion of the interior landscaped area may be deciduous shade, deciduous ornamental or evergreen.
(c) To retain visibility within the parking area, trees shall have a clear trunk of at least six feet above the ground. The remaining area shall be landscaped with shrubs, herbaceous plants, ornamental grasses and/or ground cover, not to exceed three feet in height.
(d) All plant material shall at minimum meet the standards established in § 156.468 of this chapter.
(C) Vehicle overhang. Parked vehicles may hang over the interior landscaped area no more than two and one-half feet. Concrete or other wheel stops shall be provided to ensure no greater overhang or penetration in the landscaped area.
(D) Grass and ground cover. Grass or ground cover shall be planted on all portions of the landscaped areas not occupied by other landscaped material.
(Ord. passed 9-26-2006)
§ 156.473 SCREENING OF SERVICE STRUCTURES.
(A) General.
(2) Service structures shall include, but not be limited to, loading docks, propane tanks, dumpsters, electrical transformers, utility vaults which extend above the ground; ground-mounted utility equipment and electrical and other equipment or elements providing service to a building or a site. The screening height shall be based upon the tallest point of the structure(s) being buffered.
(B) Location of screening. A continuous planting of evergreen, fence or wall must enclose any service structure on all sides, unless such structure ventilation and/or must be frequently moved or accessed, in which case screening material shall be established to allow for such ventilation and/or access to the structure.
(C) Curbs to protect screening material.
(1) Whenever screening material is placed around any dumpster or waste collection unit that is emptied or removed mechanically on a regular basis, a curb to contain the placement of the container shall be provided within the screening material.
(2) The curbing shall be at least one foot from the material and shall be designed to prevent possible damage to the screening when the container is moved or emptied.
(Ord. passed 9-26-2006)
§ 156.474 BUFFER AREA REQUIREMENTS.
(A) (1) The following table establishes the minimum buffer area requirements.
(2) When any activity or use of land falls under one or more of the categories listed, the most stringent of the requirements shall apply to the entire property or project.
When | Is Proposed to Abut | The Minimum Buffer Area Shall Be | With the Following Materials |
When | Is Proposed to Abut | The Minimum Buffer Area Shall Be | With the Following Materials |
Any multi-family use in the Residential Multi-Family Low Density or Residential Multi-Family High Density Districts | Any Single-Family or Two- Family Residential District or residential land use | A width sufficient to erect and maintain an acceptable buffer area | A 6-foot fence, wall or earthen mound/berm and a mix of evergreen trees, deciduous trees and/or shrubs to soften the fence, wall or mound/berm |
OR | |||
A buffer area planted and maintained with evergreens at least 5 feet in height or an evergreen hedge at least 4 feet in height, situated so as to provide an effective opaque and permanent visual buffer upon installation | |||
Any non-residential use in the Business Local District | Any residential district or residential land use | A width sufficient to erect and maintain an acceptable buffer area | A 6-foot fence, wall or earthen mound/berm and a mix of evergreen trees, deciduous trees and/or shrubs to soften the fence, wall or mound/berm |
OR | |||
A buffer area planted and maintained with evergreens at least 5 feet in height or an evergreen hedge at least 4 feet in height, situated so as to provide an effective opaque and permanent visual buffer upon installation | |||
Any non-residential use in the Business General District | Any residential district or residential land use | A width sufficient to erect and maintain an acceptable buffer area | A 6-foot fence, wall or earthen mound/berm and 3 evergreen trees, plus 3 shrubs for every 50 lineal feet of buffer area. Evergreen shrubs may be substituted where space does not permit planting of evergreen trees at a rate of 3 shrubs per tree |
OR | |||
5 evergreen trees, planted in an staggered manner as to create an opaque screen, plus 5 shrubs for every 50 lineal feet of buffer area | |||
Any industrial use in the Limited Industrial District | Any non-industrial land use | 30 feet in width | A 6-foot fence, wall or earthen mound/berm and 6 evergreen trees, plus 4 deciduous trees, plus 8 shrubs for every 75 lineal feet of buffer area |
OR | |||
12 evergreen trees, plus 4 deciduous trees, plus 14 shrubs for every 75 lineal feet of buffer area | |||
Any industrial use in the Industrial District | Any non-industrial or light industrial land use | 40 feet in width | A 6-foot fence, wall or earthen mound/berm and 8 evergreen trees, plus 5 deciduous trees, plus 10 shrubs for every 75 lineal feet of buffer area |
OR | |||
14 evergreen trees, plus 6 deciduous trees, plus 16 shrubs for every 75 lineal feet of buffer area | |||
(B) The following graphic is to be used as an example where staggered or offset plantings are indicated in the table above.
(Ord. passed 9-26-2006)
§ 156.475 MODIFICATIONS.
(A) The Building Commissioner may approve modifications to the landscape and buffer requirements.
(B) The Administrator shall base his/her decision on all of the following criteria:
(1) The specific conditions which are unique to the applicant’s land;
(2) The manner in which the strict application of the provision of this subchapter would deprive the applicant of a reasonable use of the land in a manner equivalent to the use permitted other landowners in the same zone;
(3) The unique conditions and circumstances are not the result of actions of the applicant subsequent to the adoption of this subchapter;
(4) Reasons that the modification shall preserve, not harm, the public safety and welfare and shall not alter the essential character of the neighborhood; and
(5) A demonstration that the applicant has provided for a buffer that achieves the spirit of this subchapter.
(Ord. passed 9-26-2006)
§ 156.476 APPEALS.
The Plan Commission may hear appeals on the decision of the Building Commissioner. Further appeal of the Plan Commission decision shall be to the Board of Zoning Appeals.
(Ord. passed 9-26-2006)