Sullivan City Zoning Code
ARTICLE XIX
Screening and Trees
Section 400.925 Board of Aldermen Findings Concerning the Need for Screening Requirements.
[Ord. No. 2974 §1(Art. 19 §304), 11-2-2004]
A.
The Board of Aldermen finds that:
1.
Screening between two (2) lots lessens the transmission from one lot to another of noise, dust and glare.
2.
Screening can lessen the visual pollution that may otherwise occur within an urbanized area. Even minimal screening can provide an impression of separation of spaces and more extensive screening can shield entirely one (1) use from the visual assault of an adjacent use.
3.
Screening can establish a greater sense of privacy from visual or physical intrusion, the degree of privacy varying with the intensity of the screening.
4.
The provisions of this Article are necessary to safeguard the public health, safety and welfare.
Section 400.928 General Screening Standard.
[Ord. No. 2974 §1(Art. 19 §305), 11-2-2004]
A.
Every development shall provide sufficient screening so that:
1.
Neighboring properties are shielded from any adverse external effects of that development; and
2.
The development is shielded from the negative impacts of adjacent uses such as streets or railroads.
Section 400.930 Compliance With Screening Standard.
[Ord. No. 2974 §1(Art. 19 §306), 11-2-2004]
A.
The table set forth in Section 400.935, in conjunction with the explanations in Section 400.933 concerning the types of screens, establishes screening requirements that presumptively satisfy the general standards established in Section 400.928. However, this table is only intended to establish a presumption and should be flexibly administered in accordance with Section 400.938.
B.
The numerical designations contained in the Table of Screening Requirements (Section 400.935) are keyed to the Table of Permissible Uses (Section 400.530) and the letter designations refer to types of screening as described in Section 400.933. This table indicates the type of screening that is presumptively required between two (2) uses. Where such screening is required, only one (1) of the two (2) adjoining uses is responsible for installing the screening. The use assigned this responsibility is referred to as the burdened use in Section 400.935 and the other use is the benefitted use.
1.
To determine which of two (2) adjoining uses is required to install the screening, find the use classification number of one (1) of the adjoining uses in the burdened use column and follow that column across the page to its intersection with the use classification number in the benefitted use column that corresponds to the other adjoining use. If the intersecting square contains a letter, then the use whose classification number is in the burdened column is responsible for installing that level of screening. If the intersecting square does not contain a letter, then begin the process again, starting this time in the burdened column with the other adjoining use.
2.
To merely determine the type of screening a proposed new development must install, begin under the burdened column with the use classification number of the proposed use and follow that line across the page to its intersection with the use classification number of each use that adjoins the property to be developed. For each intersecting square that contains a letter, the developer must install the level of screening indicated.
C.
If, when the analysis described in Subdivision (B)(1) is performed, the burdened use is an existing use but the required screening is not in place, then this lack of screening shall constitute a nonconforming situation, subject to all the provisions of Article VIII of these regulations.
D.
Notwithstanding any other provision of this Article, a two-family or multi-family development shall be required, at the time of construction, to install any screening that is required between it and adjacent existing uses according to the table set forth in Section 400.935, regardless of whether, in relation to such other uses, the two-family or multi-family development is the benefitted or burdened use.
Section 400.933 Descriptions of Screens.
[Ord. No. 2974 §1(Art. 19 §307), 11-2-2004]
A.
The following three (3) basic types of screens are hereby established and are used as the basis for the Table of Screening Requirements set forth in Section 400.935.
1.
Opaque screen, Type A. A screen that is opaque from the ground to a height of at least six (6) feet, with intermittent visual obstruction from the opaque portion to a height of at least twenty (20) feet. An opaque screen is intended to exclude all visual contact between uses and to create a strong impression of spacial separation. The opaque screen may be composed of a wall, fence, landscaped earth berm, planted vegetation or existing vegetation. Compliance of planted vegetative screen or natural vegetation will be judged on the basis of the average mature height and density of foliage of the subject species or field observation of existing vegetation. The opaque portion of the screen must be opaque in all seasons of the year. At maturity, the portion of intermittent visual obstructions should not contain any completely unobstructed openings more than ten (10) feet wide. The portion of intermittent visual obstructions may contain deciduous plants. Suggested planting patterns that will achieve this standard are included in Appendix E to this Chapter.
2.
Semi-opaque screen, Type B. A screen that is opaque from the ground to a height of three (3) feet, with intermittent visual obstruction from above the opaque portion to a height of at least twenty (20) feet. The semi-opaque screen is intended to partially block visual contact between uses and to create a strong impression of the separation of spaces. The semi-opaque screen may be composed of a wall, fence, landscaped earth berm, planted vegetation or existing vegetation. Compliance of planted vegetative screen or natural vegetation will be judged on the basis of the average mature height and density of foliage of the subject species or field observation of existing vegetation. At maturity, the portion of intermittent visual obstructions should not contain any completely unobstructed openings more than ten (10) feet wide. The zone of intermittent visual obstruction may contain deciduous plants. Suggested planting patterns that will achieve this standard are included in Appendix E to this Chapter.
3.
Broken screen, Type C. A screen composed of intermittent visual obstructions from the ground to a height of at least twenty (20) feet. The broken screen is intended to create the impression of a separation of spaces without necessarily eliminating visual contact between the spaces. It may be composed of a wall, fence, landscaped earth berm, planted vegetation or existing vegetation. Compliance of planted vegetative screen or natural vegetation will be judged on the basis of the average mature height and density of foliage of the subject species or field observation of existing vegetation. The screen may contain deciduous plants. Suggested planting patterns that will achieve this standard are included in Appendix E to this Chapter.
Section 400.935 Table of Screening Requirements.
Table of Screening Requirements is included as an attachment to this chapter.
Section 400.938 Flexibility in Administration Required.
[Ord. No. 2974 §1(Art. 19 §309), 11-2-2004]
A.
The Board of Aldermen recognizes that because of the wide variety of types of developments and the relationships between them, it is neither possible nor prudent to establish inflexible screening requirements. Therefore, as provided in Section 400.930, the permit issuing authority may permit deviations from the presumptive requirements of Section 400.935 and may either require more intensive or allow less intensive screening whenever it finds such deviations are more likely to satisfy the standard set forth in Section 400.928 without imposing unnecessary costs on the developer.
B.
Without limiting the generality of Subsection (A), the permit issuing authority may modify the presumptive requirements for:
1.
Commercial developments located adjacent to residential uses in commercial zoning districts;
2.
Commercial uses located adjacent to other commercial uses within the same zoning district;
3.
Uses located within planned unit developments (for screening requirements within planned residential developments, see Section 400.560).
C.
Whenever the permit issuing authority allows or requires a deviation from the presumptive requirements set forth in Section 400.933, it shall enter on the face of the permit the screening requirement that it imposes to meet the standard set forth in Section 400.928 and the reasons for allowing or requiring the deviation.
D.
If the permit issuing authority concludes, based upon information it receives in the consideration of a specific development proposal, that a presumption established by Section 400.935 is erroneous, it shall initiate a request for an amendment to the Table of Screening Requirements in accordance with the procedures set forth in Article XX.
Section 400.940 Combination Uses.
[Ord. No. 2974 §1(Art. 19 §310), 11-2-2004]
A.
In determining the screening requirements that apply between a combination use and another use, the permit issuing authority shall proceed as if the principal uses that comprise the combination use were not combined and reach its determination accordingly, relying on the table set forth in Section 400.935 interpreted in the light of Section 400.938.
B.
When two (2) or more principal uses are combined to create a combination use, screening shall not be required between the component principal uses unless they are clearly separated physically and screening is determined to be necessary to satisfy the standard set forth in Section 400.928.
Section 400.943 Subdivisions.
[Ord. No. 2974 §1(Art. 19 §311), 11-2-2004]
When undeveloped land is subdivided and undeveloped lots only are sold, the subdivider shall not be required to install any screening. Screening shall be required, if at all, only when the lots are developed and the responsibility for installing such screening shall be determined in accordance with the other requirements of Part 1 of this Article.
Section 400.950 Board of Aldermen Findings and Declaration of Policy on Shade Trees.
[Ord. No. 2974 §1(Art. 19 §314), 11-2-2004]
A.
The Board of Aldermen finds that:
1.
Trees are proven producers of oxygen, a necessary element for human survival;
2.
Trees appreciably reduce the ever increasing environmentally dangerous carbon dioxide content of the air and play a vital role in purifying the air we breathe;
3.
Trees transpire considerable amounts of water each day and thereby purify the air much like the air-washer devices used on commercial air-conditioning systems;
4.
Trees have an important role in neutralizing wastewater passing through the ground from the surface to ground water tables and lower aquifers;
5.
Trees, through their root systems, stabilize the ground water tables and play an important and effective part in soil conservation, soil erosion and flood control;
6.
Trees are an invaluable physical, aesthetic and psychological counterpoint to the urban setting, making urban life more comfortable by providing shade and cooling the air and land, reducing noise levels and glare and breaking the monotony of reducing noise levels and glare and breaking of human developments on the land, particularly parking areas; and
7.
For the reasons indicated in Subdivision (6), trees have an important impact on the desirability of land and therefore on property values.
B.
Based upon the findings set forth in Subsection (A), the Board of Aldermen declares that it is not only desirable but essential to the health, safety and welfare of all persons living or working within the City's jurisdiction to protect certain existing trees and, under the circumstances set forth in this Article, to require the planting of new trees in certain types of development.
Section 400.953 Required Trees Along Dedicated Streets.
[Ord. No. 2974 §1(Art. 19 §315), 11-2-2004]
Along both sides of all newly created streets in residentially zoned districts that are constructed in accordance with the public street standards set forth in Article XIV, the developer shall either plant or retain sufficient trees so that between the paved portion of the street and a line running parallel to and fifty (50) feet from the centerline of the street, there is for every seventy (70) feet of street frontage at least an average of one (1) deciduous tree that has or will have when fully mature a trunk at least twelve (12) inches in diameter. When trees are planted by the developer pursuant to this Section, the developer shall choose trees that meet the standards set forth in Appendix E to this Chapter. The developer is encouraged, but not required, to plant or retain sufficient trees in developments located in non-residentially zoned districts.
Section 400.955 Retention and Protection of Large Trees.
[Ord. No. 2974 §1(Art. 19 §316), 11-2-2004]
Every development shall encourage the retention of all existing trees eighteen (18) inches in diameter or more unless the retention of such trees would unreasonably burden the development.