A.

The purpose and intent of standards for either screening or landscaping and special setbacks is to provide for a visual screen or buffer and minimal distance and open space between incompatible uses; to minimize the impact of noise, dust, automobile headlight glare or other activities conducted on an adjoining or nearby lot; and to preserve the open, uncluttered appearance of major limited access highways and interchanges.

B.

The type of screening or landscaping to be employed may vary according to the character of the area in which the screening or landscaping is required, but in all cases the intent is to create an attractive and effective barrier or separation between adjacent uses.

C.

The purpose and intent of landscaping or screening is to reduce the volume of surface water runoff from the site, to encourage the preservation of the natural features of the city, to reduce heat and glare associated with developments and to mitigate the impact of development on adjacent areas.

D.

The purpose and intent of landscaping for parking lots is to reduce the effect of heat, wind, noise and headlight glare, to reduce stormwater runoff, to prevent soil erosion, to provide shade and to generally relieve the inhospitable environment of open parking lots exposed to summer heat and winter winds.

E.

The purpose and intent of standards for lighting, access and fencing is to provide for protection and safety form incompatible uses and traffic to occupants of properties adjoining or nearby.

F.

The following standards are established to conserve and stabilize property values; to facilitate the creation of safe, convenient, attractive and harmonious development within the community and to generally preserve a healthful and pleasant environment.

(Prior code § 150-192)

Wherever either landscaping or screening is required by this title, all such areas shall be provided in accordance with the requirements listed below and the requirements set forth in the special development standard chart in Section 17.220.040.

A.

Screening.

1.

Building Permit Requirements. Wherever landscaping or screening is required by this title without the necessity of plan approval by the commission and in order to assure compliance with either the landscaping or screening requirements of this chapter, either landscaping or screening plans shall be submitted to the director of the department of infrastructure and development for review and approval as a part of the application for a building permit or prior to the issuance of any building permit. Said plan or plans may be submitted as separate documents or as a part of the required site plan and, if required by the director, shall be in sufficient detail to show:

a.

The approximate location of neighboring homes or other buildings adjoining the proposed development site;

b.

The approximate location of all wooded areas of branches or natural, intermittent drainage channels;

c.

The approximate location of any outstanding individual trees or special features on the development site;

d.

The location, name, height and diameter of trees and the size of shrubbery to be planted within landscaped or screened area;

e.

The height, length, type and location of fencing to be used for screening purposes.

2.

Screening shall be required along the lot line abutting the street to create a visual barrier which shall consist of no less than Section 17.220.050(K) or either of Section 17.220.050(C) or (D), in combination with Section 17.220.050(F), (G), (H), (I), (J) or (L):

a.

Where a district in an industrial category (listed in Chapters 17.72 and 17.76) is located across the street from a residential district within or adjoining the City of Salisbury;

b.

Where a district boundary line crosses a lot and an industrial use is extended over the entire lot in a residential district by special exception.

3.

A five-foot-wide screening area shall be required wherever a parking lot adjoins a residential property along all lot lines abutting the residential lot.

4.

Screening is required around three sides of all off-street loading and unloading areas and solid waste and refuse disposal areas and shall consist of whichever is not less than either Section 17.220.050(A), (B) or (H), depending on the height of the facility to be screened.

B.

Landscaping.

1.

A twenty-five-foot-wide landscaped area shall be provided:

a.

Along the lot line abutting a street, where a district of a business category (listed in Chapters 17.28, 17.32, 17.36, 17.40, 17.44, 17.84, 17.88, 17.92 and 17.96) is located across the street from a residential district;

b.

Along the lot line abutting a residential street, where a district boundary line crosses a lot and a business use is extended over the entire lot in a residential district by special exception;

c.

Provided that all such areas along all lot lines abutting a street shall be compatible with the adjoining residential district and shall consist of no less than any combination of Section 17.220.050(E), (F), (G), (H), (I), (J) and (L).

2.

Parking Lots. Landscaping requirements and screening requirements shall be as follows:

a.

All Parking Lots.

i.

Perimeter Requirements.

(A)

Setback Area. Three-foot-wide areas from interior property lines and back of sidewalks and eight-foot-wide areas from curblines where no sidewalk exists to the edge of a parking lot are required to be landscaped with any combination of grass, shrubs, trees and decorative plantings.

(B)

Screening Areas. A five-foot-wide screening area along all property lines is required where a parking lot adjoins a residential use, such area to be landscaped with any combination of Section 17.220.050(E) through (L).

ii.

Interior Requirements for Islands.

(A)

Landscaped islands an average of eight feet wide, bordered by six-inch-high asphalt or concrete curbs shall be provided at the ends of all parking bays abutting an aisle or driveway and are required to be landscaped with trees, shrubs, grass and similar vegetation which may be combined with crushed stone or other decorative materials.

(B)

Apartment and townhouse parking lots. In addition to the above island requirement, no more than ten parking spaces may be located in a continuous arrangement without a landscaped divider at least nine feet in width separating groups of every ten spaces, provided that for groups of ten or more spaces but less than an even number, the nine-foot divider may be centered as evenly as possible.

b.

Parking Lots of Twenty (20) or More Spaces. For any parking lot of twenty (20) or more spaces, not less than ten percent of the interior shall be landscaped, in accordance with the following general guides:

i.

The primary landscaping material shall be trees capable of providing shade at maturity;

ii.

Shrubbery, hedges and other planting materials may be used as complements, and landscaping and planting areas must be reasonably dispersed throughout the parking lot;

iii.

The interior dimensions and height of any planting island or planting median must be sufficient to protect the landscaping materials planted therein and to ensure proper growth;

iv.

Interior landscaping of parking lots shall be in addition to peripheral landscaping required herein where applicable;

v.

All other provisions for the design and landscaping of parking lots as required by Chapters 17.96, 17.168 and 17.224 shall apply.

c.

Alternative Parking Lot Design. In lieu of the ten-percent interior landscaping requirements, an applicant has the option of designing a parking lot in accordance with the specific standards listed below; provided, that this provision shall apply only in those instances where a plan approval is not required by the planning commission.

i.

Perimeter Landscaping. A three-foot landscaped area adjacent to all driveways leading to the lot and around the outer edges of all parking lots.

ii.

Screening Areas. A five-foot screening area adjacent to all residential uses to be landscaped with any combination of Section 17.220.050(E) through (L).

iii.

Islands. Landscaped islands, each an average of eight feet wide, bordered by six-inch-high asphalt or concrete curbs, shall be provided at the ends of all parking bays abutting an aisle or driveway which are required to be landscaped with trees, shrubs, grass and similar vegetation which may be combined with crushed stone or other decorative materials.

iv.

Dividers. No more than fifteen (15) parking spaces may be located in a continuous arrangement without a landscape divider at least nine feet in width separating groups of fifteen (15) spaces; provided, that for fifteen (15) or more spaces but less that an uneven number, the nine-foot divider may be centered as evenly as possible.

3.

Special Landscaping Guideline Areas. Where landscaping guidelines are established by the planning commission or city council for any specific street, highway, neighborhood, area or portion of a district, landscaping and screening shall be provided in accordance with such guidelines.

C.

Landscaping Plan or Screening Plan Requirements.

1.

Building Permit Requirements. Wherever landscaping or screening is required by this title without the necessity of plan approval by the commission and in order to assure compliance with either the landscaping or screening requirements of this chapter, either landscaping or screening plans shall be submitted to the Director of the Department of Infrastructure and Development for review and approval as a part of the application for a building permit or prior to the issuance of any building permit. Said plan or plans may be submitted as separate documents or as a part of the required site plan and, if required by the director, shall be in sufficient detail to show:

a.

The approximate location of neighboring homes or other buildings adjoining the proposed development site;

b.

The approximate location of all wooded areas of branches or natural, intermittent drainage channels;

c.

The approximate location of any outstanding individual trees or special features on the development site;

d.

The location, name, height and diameter of trees and the size of shrubbery to be planted within landscaped or screened area;

e.

The height, length, type and location of fencing to be used for screening purposes.

2.

Plan Approval Requirements. Wherever a landscaping plan or screening plan is required by this title as a part of a comprehensive development plan, certificate of design and site plan approval, a site plan or a planned development district or any project approval to be approved by the planning commission or Board of Appeals, it shall:

a.

Be prepared by a registered landscape architect, architect, engineer, landscape designer or competent nurseryman;

b.

Consist of one or more sheets, drawn to scale, or included as a part of a site plan, including the following information:

i.

The approximate location of neighboring homes or other buildings in the vicinity of the proposed development site,

ii.

The location and footprint of all proposed buildings, structures and facilities on the site and proposed landscaping,

iii.

The approximate location of branches or natural, intermittent drainage channels, ponds, wooded areas or other special features on the development site,

iv.

A tabular summary of name, size and height or diameter and quantity of shrubbery and trees to be planted within landscaped or screened areas,

v.

The height, length, type and location of fencing and related planting areas to be used for screening purposes;

c.

Show landscaping proposals for the following areas or facilities where applicable to the type of development proposed:

i.

Foundation plantings,

ii.

Dumpster or other solid waste collection area screening,

iii.

Stormwater management retention or detention area landscaping,

iv.

Aboveground utility box screening,

v.

Parking lot plantings,

vi.

Perimeter plantings,

vii.

Recreation facilities landscaping,

viii.

Loading and unloading space screening;

d.

Be consistent with the provisions of this chapter;

e.

Be consistent with the specific requirements of a site plan or comprehensive development plan and the specific requirements of this title for either the type of development proposed or the planned development district being requested;

f.

Unless otherwise specified by this title, landscaping, as a minimum, shall consist of a combination of the following species at the sizes specified below, arranged in such a manner as to complement the proposed structure or project:

i.

Deciduous trees with a height of more than thirty (30) feet at maturity, two to two and one-half (2½) inches in caliper and six feet or more in height at planting,

ii.

Deciduous trees with a height of less than thirty (30) feet at maturity, one and one-half (1½) to two inches in caliper and four feet in height at planting,

iii.

Evergreen trees at a height of three and one-half (3½) to four feet or greater at planting,

iv.

Evergreen and deciduous shrubs at a height of eighteen (18) to twenty-four (24) inches or greater at the time of planting,

v.

As an alternative, an applicant may propose and the planning commission may approve:

(A)

The retention of natural growth on the site to meet the requirements of this subsection, depending on width, density and type of natural growth; provided, that the commission may require additional supplemental plantings to obtain the effect intended by the purpose and intent of these requirements;

(B)

Landscaping consisting of a combination of the plantings listed in Section 17.220.050 and alternate plantings of various species and sizes;

(C)

Landscaping consisting of a combination of architectural materials, including fountains, special bricks, decorative features, statues and other combinations of landscaping features, materials and plantings;

(D)

Dwarf and other species may be used only for complementary plantings, and no minimum sizes shall be required.

(Prior code § 150-193)

(Ord. No. 2459, 10-9-2017; Ord. No. 2769, § 1, 2-13-2023)

Fencing, lighting and special setback requirements are set forth in the special development standard chart.

(Prior code § 150-194)

The special development standard chart shall be interpreted as follows. The letters "LA" mean a landscaped area. The letters "AC" mean any combination of two or more of the subsections listed in Section 17.220.050. The letter "S" means screening.

(Ord. 1839 (part), 2002; Ord. 1786 § 15, 2000; Prior code § 150-195)

The following minimum screening and landscaping materials may be used in any combination to accomplish the purpose and intent for which the screening or landscaping or combination thereof is required by this title. Additional types of landscaping and screening materials or other landscaping amenities may be used, subject to the approval of the planning commission, but in no case shall landscaping or screening be less than that necessary to accomplish the purpose and intent for which the landscaping or screening is required.

A.

Four-foot solid wood or otherwise architecturally solid fence;

B.

Six-foot solid wood or otherwise architecturally solid fence;

C.

Four-foot chain link fence with slat inserts where view is to be obscured;

D.

Six-foot chain link fence with slat inserts where view is to be obscured;

E.

Evergreen hedge, a minimum height of eighteen (18) to twenty-four (24) inches at planting;

F.

Deciduous trees with a height of more than thirty (30) feet at maturity, two to two and one-half inches in caliper and six feet or more in height at planting;

G.

Deciduous trees with a height of less than thirty (30) feet at maturity, one and one-half to two inches in caliper and four feet in height at planting;

H.

Evergreen trees at a height of three and one-half to four feet or greater at planting. For screening purposes, trees must be planted such distance from one another as to form a dense screen at time of maturity, six feet on center or in staggered rows of two or more, eight feet on center;

I.

Deciduous shrubs, eighteen (18) to twenty-four (24) inches in height at time of planting;

J.

Evergreen shrubs, eighteen (18) to twenty-four (24) inches in height at time of planting;

K.

Berms, with fence installed or trees and shrubs planted, or combination thereof; in any case, to provide a solid barrier six feet in height or greater;

L.

Existing natural vegetation, depending on width, density and type, may require additional supplemental planting to obtain the effect intended by the purpose and intent of the requirement;

M.

Dwarf species may be used only for complementary plantings, and no minimum sizes shall be required.

(Prior code § 150-196)

A.

The zone hardiness map illustrates areas where plant materials may be obtained which are suitable for this area. Salisbury is located midway of Zone 7, and any plant material growing in Zone 2 to Zone 7 may be used.

B.

A sample list of plant materials suitable in this area for screening and landscaping is available for reference from the planning office or the department of infrastructure and development.

C.

Planting guides, zone hardiness map and examples of landscaping and screening areas are available in an illustrated booklet form from either the planning office or the department of infrastructure and development.

D.

Method of planting and alternative plantings shall be consistent with American Nurserymen's Association's Standards.

(Ord. 1976 (part), 2005; prior code § 150-197)

(Ord. No. 2459, 10-9-2017)

A.

General.

1.

All screening shall be installed along a line parallel to the lot boundary of the use to be screened and landscaped; and

2.

All plantings shall be located a sufficient distance back from the lot line or building of the use to be screened or landscaped to permit ultimate growth to occur substantially upon the lot of the use to be screened or landscaped.

B.

Screening.

1.

Wherever screening is required by this title, it shall be an initial screen of such nature and intensity that it will create an effective visual barrier which screens the proposed activities from view and minimized their impact on the adjoining property.

2.

Required screening material shall be spaced as necessary to create a dense screen of the material when it reaches maturity. The height of screening material may vary from four to six feet, depending on the intensity of the use to be screened, distance from the nearest residential building or yard viewing the use and existing fencing, landscaping or natural vegetation on the adjoining property.

C.

Landscaped Areas.

1.

Landscaped areas shall be planted, with consideration given to the total effect on the site and on surrounding properties.

2.

Landscaping and screening material shall be planted with emphasis on the end result of integration and harmony with the architecture and planting on adjoining properties and not on quantity of material planted.

D.

Fences. Fencing shall be constructed so that any supportive structures, such as bracing or posts, are constructed on the fence facing the use to be screened.

(Prior code § 150-198)

Screening or landscaped areas shall be maintained by the owner (or his agent) of the property upon which the use to be screened is located.

A.

The director of the department of infrastructure and development shall be the officer authorized by the city council to enforce the conditions imposed by the city council in the approving ordinance.

B.

Landscaping and screening shall be kept free of weeds, trash, junk or scrap of any description.

(Prior code § 150-199)

(Ord. No. 2459, 10-9-2017)

A.

Access. Entrances and exits are prohibited through required screening and landscaping areas on a street across from a residential district, except in the following instances:

1.

When the lot abuts only one improved street or a limited access highway;

2.

When an interior lot runs through from street to street and a building must necessarily be located thereon with side yards insufficient in width to permit passage of vehicles to parking lots or loading and unloading areas;

3.

When it is determined by the department of infrastructure and development that an entrance or exit is necessary to improve traffic circulation on adjacent streets.

B.

Signs. No signs permitted by this title shall be erected upon or in a screening or landscaped area protecting an adjoining residential property, except where adjoining residential property is separated by a public street, provided that only one freestanding sign, nonflashing and indirectly lighted, six feet in height, with a surface area of fifteen (15) square feet and set back ten feet from the property line, may be erected.

C.

Parking. Parking shall be prohibited in landscaping or screening areas.

(Prior code § 150-200)

(Ord. No. 2459, 10-9-2017)

In accordance with the same procedure set forth in Section 17.220.120, the planning commission may modify requirements for screening as follows:

A.

Wherever a use to be screened adjoins a property where an existing wall, fence, natural vegetation or other existing material may accomplish the same purpose and intent for which the screening is required;

B.

Where a business use adjoins a nonconforming residential use which is planned for business use;

C.

Where a business use adjoins a residential use and the owners of such residential use recommend a waiver or modification of screening requirements.

(Prior code § 150-201)

A.

Wherever screening and landscaping required by another chapter of this title which is more stringent than this chapter then that chapter shall govern.

B.

Wherever the planning commission, Board of Appeals or city council is required to review and approve either a landscaping or screening plan and its approval requires more stringent landscaping and screening than required by this chapter, the decision of the appropriate board, commission or council shall govern.

C.

Once a landscaping plan or screening and landscaping plan is approved by the council, commission or board, building permits shall be issued consistent with all approved plans.

(Prior code § 150-202)

(Ord. No. 2769, § 1, 2-13-2023)

A.

Wherever a landscaping plan or a screening plan may be required by this title, the planning commission shall be the sole determiner of the interpretation of compliance with any requirements, method of measurement or acceptable planting materials.

B.

An interpretation by the commission may be at the request of an applicant, the director of the department of infrastructure and development, or the planning director.

C.

The commission's interpretation of the requirements of this chapter shall be final, consistent with the provisions of Section 17.220.100.

(Ord. 1976 (part), 2005; prior code § 150-203)

(Ord. No. 2459, 10-9-2017)