901.01

To provide transition between incompatible land uses and to protect the integrity of less-intensive uses from more intensive uses, screening and buffering will be required. The purpose of the screen is to provide a year-round visual obstruction. The buffer provides transition between the incompatible uses by requiring a landscape yard of a minimum specified depth along the shared property line.

901.02

If the screening requirements of chapter 9 cannot be met due to the topography, lot size, or other conditions, including, but not limited to preexisting buildings, not created by the property owner, an eight-foot high sight obscuring fence and/or existing natural vegetation or topography may be used if the city manager or his or her designee determines that the intent of the sight obscuring requirement will have been substantially complied with.

902.01

Refer to the matrix attached hereto and incorporated herein by reference to determine any screening requirements for the proposed development. First, identify the type of zoning for the proposed development (along the left side of table 14-902.01A screening zones) and each adjoining property (along the top of this matrix). Second, find where the zoning of the proposed development and each adjoining intersect on table 14-902.01B screening matrix). If a screen is required, a capital letter will indicate the type of screen to be applied. A description of each screen type is provided herein.

When classifying a zoning district for the screening matrix, if the proposed use within a zone is also listed as a permitted use within a less-intensive zone, the corresponding class for the less intensive zone may be applied. For example, a proposed commercial use within a manufacturing zone may be classified as a commercial zone for the purposes of using the screening matrix.

902.02

Screening Type Requirements.

(A)

Screening type A. Provide a 30 feet deep (as measured towards the interior of the property) landscape yard along the shared property line planted with:

1)

Evergreen trees spaced a maximum of ten feet on-center or two staggered rows (spaced a maximum of seven feet apart) of shrubs spaced a maximum of eight feet on-center, and two rows of shade trees spaced a maximum of 35 feet on-center.

2)

All plantings shall meet the installation and planting size requirements specified in the plant installation specifications section.

(B)

Screening type B. Provide a 20 feet deep (as measured towards the interior of the property) landscape yard along the shared property line planted with:

1)

Evergreen trees spaced a maximum of ten feet on-center or two staggered rows (spaced a maximum of seven feet apart) of shrubs spaced a maximum of eight feet on-center, and one row of shade trees spaced a maximum of 35 feet on-center.

2)

All plantings shall meet the installation and planting size requirements specified in the plant installation specifications section.

(C)

Screening type C. Provide a ten feet deep (as measured towards the interior of the property) landscape yard along the shared property line planted with:

1)

Evergreen trees spaced a maximum of ten feet on-center or two staggered rows (spaced a maximum of seven feet apart) of shrubs spaced a maximum of eight feet on-center.

2)

All plantings shall meet the installation and planting size requirements specified in the plant installation specifications section.

(D)

Screening of dumpsters. Dumpsters shall be screened in the manner described below:

1)

Screening shall be a minimum height of six feet.

2)

All four sides of the dumpster shall be screened.

3)

The screen should incorporate access to the dumpster by using a wood fence or other opaque device to serve as a gate.

4)

Screening materials can be any combination of evergreen plantings, wood, or masonry material.

(E)

Stormwater facilities. Stormwater facilities may be located in the landscaped yard subject to the following conditions:

1)

No rip-rap, crushed stone, concrete or other impervious materials are exposed; and,

2)

Trees and other living organic materials can be planted along the stormwater facility.

903.01

Intent.

(A)

The purpose of this section is to define landscaping requirements more fully for new commercial installations and residential developments that have permit required or conditional screening and/or landscaping requirements and shall be applicable to all landscaping requirements for commercial, industrial and residential zones, except the R-1 and R-1A zones for landscaping and vegetive screening applications from the date this title is passed on second and final reading; and.

(B)

All landscaping and screening plants and material shall be installed in a professional manner, and according to accepted planting procedures specified in the Arboricultural Specifications Manual.

(C)

Screening trees. Screening trees are used to meet the tree planting requirements of section 14-902 procedure. All screening trees shall be installed at a minimum height of five to six feet and have a minimum expected canopy spread of eight feet.

(D)

Screening shrubs. All screening shrubs shall be installed at a minimum size of three gallons and have an expected maturity height of at least eight feet and a mature spread of at least five feet.

903.02

Approved native trees, shrubs and groundcover.

(A)

The chart below outlines approved native trees, shrubs and groundcover which shall be used pursuant to this section:

Native trees, shrubs and groundcover approved for use by the city of red bank

"Keystone" native species provide disproportionately high ecological benefits and are shown in bold. Please give preference to utilizing these species.

(B)

Other trees and shrubs that are considered native to East Tennessee May be used, contingent upon review and approval by the Red Bank Planning Commission before installation.

(C)

Due to availability, some trees may not be at a mature stage as determined in the chart above and in section 14-903.01. Smaller younger trees on the above chart may be used if availability of more mature trees is proven to be an issue upon approval of the Red Bank Planning Commission.

(D)

Other native tree and shrub species not listed here may be used, contingent upon prior approval of the Red Bank Planning Commission.

(E)

Nonnative (and noninvasive) edible fruit-bearing trees and shrubs are recognized as beneficial to the human community and are encouraged with prior approval of the Red Bank Planning Commission.

(F)

If demonstrated that no native species are suitable or available, noninvasive exotic species may be used contingent upon prior approval by the Red Bank Planning Commission.

(G)

In exercising reasonable discretion for approval or disapproval of selected native and/or nonnative species as substitutes for species on the "approval" list, the Red Bank Planning Commission shall consider:

(1)

Whether or not listed specified species are available locally in quantity or minimum or above minimum size.

(2)

Whether the requested substitution reasonably meets the overall intent of this chapter.

(3)

Whether or not the requested substitution is likely to have an overall negative impact on the stated objectives of this chapter and/or is likely to lead to the uncontrolled proliferation and spread of invasive species and/or other deleterious or nuisance type effects or conditions.

903.03

Prohibited plants.

(A)

Certain plants are prohibited due to problems with hardiness, maintenance, and nuisance. The chart below outlines prohibited plants pursuant to this section:

(B)

Where already installed, existing or present, when this chapter is enacted, the city encourages voluntary eradication of the above-listed prohibited invasive, exotic species by public and private landowners.

(C)

When already installed, existing or present when the ordinance is enacted, and the plant/species dies, is diseased, destroyed or otherwise removed, the dead, discarded, removed, diseased or destroyed plant installation or species shall not be replaced with like kind or species or with any of the above referenced prohibited plants.

(Ord. No. 23-1239, §§ 1(1—3), 2(1), 9-19-2023)

904.01

Intent. Any tree or shrub used to meet the requirements of this chapter shall not be located within proposed or existing utility easements unless it meets one of the special exceptions as defined below:

(A)

Written permission has been obtained from the holder of the utility easement.

(B)

Where overhead power lines cross an area required by the ordinance to be planted with shade trees, smaller shade trees (listed in the plant installation specifications section as class II shade trees) may be substituted.

(C)

If none of the special exceptions apply, the following options shall be considered in order of priority:

1)

Priority 1: Plant the tree as close to the easement as possible.

2)

Priority 2: For highly visible areas (street yards, parking lots in front) plant the tree in the same general area where it can be seen from the street or parking lot.

(D)

Utility easements can be used to meet the landscape yard requirements. The applicant is responsible for identifying existing and proposed utility easements within the property on the landscape site plan.

905.01

The property owner shall be responsible for the maintenance of all landscaping provided. All landscaped areas must present a healthy, neat and orderly appearance and shall be kept free from refuse and weeds. Any dead or diseased plant material shall be replaced by the property owner with new plantings that meet the requirements of this chapter.

906.01

If the landscaping has not been installed and inspected for proper installation prior to receiving a certificate of occupancy, a certificate of occupancy may be granted provided the following conditions are met:

(A)

Property owner posts a performance bond or irrevocable letter of credit with the city manager or his/her designee;

(B)

The amount of the bond or letter of credit shall be based on material and installation costs of the uninstalled landscape material, including a ten percent contingency cost, as shown on the submitted landscape;

(C)

The costs of the landscaping shall be certified by a licensed contractor or determined using a general formula established by the landscape site reviewer (option of applicant).

906.02

After receiving the certificate of occupancy, the remaining landscape material shall be installed within six months. The bond or letter of credit shall be called if the required landscaping has not been installed by the end of the six-month period and the funds applied to complete the landscaping work.

907.01

Definitions.

(A)

Caliper. A measurement of the tree trunk diameter measured six inches above grade level.

(B)

Class I shade trees. Any plant having a central trunk, an expected maturity height of at least 35 feet, and an expected minimum mature canopy spread of at least 15 feet.

(C)

Class II shade trees. Any plant having a central trunk and a maximum expected maturity height of 25 feet.

(D)

Impervious surfaces. Includes concrete, asphalt, brick, metal, or any other material constructed or erected on landscaped or natural buffer areas that impede the percolation of water into the ground.

(E)

Landscape area/landscaped yard. An area to be planted with trees, grass, shrubs, or other natural living ground cover material. No impervious surfaces are permitted in these areas.

(F)

Landscaped island. A landscaped area defined by a curb and surrounded by paving on all sides.

(G)

Landscaped peninsula. A landscaped area defined by a curb and surrounded by paving on three sides.

(H)

Landscaped median. A landscaped area bordering two adjoining parking bays.

(I)

Natural buffer. An area of land set aside for preservation in its natural vegetative state. No removal of plants is permitted with the exception of poisonous or nonnative plant species. In addition, no fill-cutting activities or storage of materials is permitted in these areas. No impervious surfaces are permitted.

(J)

New development. Construction of a new building or structure on its own lot is considered as new development. New buildings or structures constructed on a lot which already contains existing buildings is considered as an expansion.

(K)

Parking space/parking bay. Includes spaces and areas for all vehicles except tractor trailers.

(L)

Screening shrubs. Evergreen shrubs that maintain their foliage year-round.

(M)

Screening trees. Evergreen trees that maintain their foliage year-round.

(N)

Street yard. A designated landscaped area where private property abuts the public street right-of-way for the planting of grass, trees, and shrubs.

908.01

These screening requirements shall also apply whenever there is any change of use by a nonconforming commercial or industrial use.