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Winchester City Zoning Code

ARTICLE VII

Landscaping and Screening

Section 405.300 Residential Districts.

[CC 1981 §425.010; Ord. No. 638 §2(425.010), 11-14-1990]
A. 
It shall be at the discretion of the individual property owners to landscape their lots; however, at any given time the following provisions shall apply:
1. 
No tree or ground cover shall be planted of a type of species apt to destroy, impair or otherwise interfere with any street improvements, sidewalks, curbs, gutters, sewer or other public improvements. It is suggested that the property owner contact the City prior to landscaping within any street right-of-way or utility easement.
2. 
Vines of climbing plants growing over street signs, fire hydrants or other public property shall be removed by the property owner.
3. 
All landscaping shall be properly maintained according to City ordinances presently in effect. The individual property owner shall be responsible for such maintenance.

Section 405.310 Non-Residential Districts (Commercial).

[CC 1981 §425.020; Ord. No. 638 §2(425.020), 11-14-1990]
A. 
In commercial districts the landscaping/screening requirements are as follows:
1. 
All screening and buffering requirements previously set forth in the individual districts shall be the responsibility of the lot owner or developer to install and maintain.
2. 
When off-street parking areas for six (6) or more automobiles are located within or adjacent to residential district and where such parking areas are not entirely screened visually from such lot by an intervening building or structure, a continuous, visual screen with a minimum height of six (6) feet shall be provided between the parking area and the said lot or residential district. Such screen may consist of a solid fence or masonry wall, a compact evergreen hedge or foliage screening. Landscape screening shall be at a discretion of the Planning and Zoning Board. The screening shall be at the residential elevation when residential elevation is higher than commercial elevation or at the commercial elevation when the commercial elevation is higher.
3. 
A landscape plan shall accompany, or be a part of, each site plan, and no site plan shall be approved without the Planning and Zoning Board's approval of said landscape plan. This landscape plan shall contain height of caliper type and location of plantings.
4. 
Where off-street parking spaces are provided, a minimum of ten (10) square feet of landscaping shall be provided for each space within the parking area or lot and approved by the Planning and Zoning Board. While no specific tree species or plantings are given in this Article, the developer or owner shall be expected to provide sufficient landscaping details on the plans at the time of submittal. The use of earth berms or sculpting shall be encouraged provided these are designed in an area of enough size so as to cause no erosion, drainage or maintenance problems.
5. 
Protective screening. When off-street loading areas are located within or adjacent to a residential district, and where such loading areas are not entirely screened visually by an intervening building or structure, a continuous visual screen with a minimum height of eight (8) feet shall be provided between the loading area and the said lot or residential district. Such screen may consist of a solid fence or a masonry wall, a compact evergreen hedge or foliage screening.

Section 405.315 Retaining Walls in Residential and Commercial Districts.

[Ord. No. 898 §2, 3-24-2004]
A. 
All retaining walls exceeding twenty-four (24) inches in height but less than forty-eight (48) inches in height are subject to the review and approval of the City Engineer/Building Commissioner. Said review shall determine or verify the following:
1. 
The retaining wall does not encroach on an adjoining property;
2. 
The retaining wall is constructed with acceptable materials as set forth herein; and
3. 
The retaining wall is not constructed on a utility easement without a waiver or consent from the utility company holding rights to said easement.
B. 
All retaining walls forty-eight (48) inches in height or greater shall require a building permit, subject to the review and approval of the Building Commissioner.
C. 
All retaining walls exceeding thirty-six (36) inches in height shall be constructed of inorganic material such as landscape masonry, brick or stone. No painting of masonry will be allowed.
D. 
Where existing railroad tie walls are being repaired, ties may be used as long as no more than twenty percent (20%) of the existing run of the wall is being replaced. If the quantity to be replaced is greater than this percentage, inorganic material shall be used.