§ 58-8. Screening and landscaping.

(a)

Screening required by any of the following or by any other section of this chapter shall be provided in accordance with the following standards:

(1)

Such screening shall be located on the property with the use with which it is associated or required, and shall materially screen the subject use from the view of the adjoining properties. Screening shall be in the form of all natural material, including brick with no exposed cement block. When screening is in the form of natural vegetation, a buffer strip at least ten feet wide shall be planted. This strip shall be free of all encroachments by building, parking areas or impervious coverage.

(2)

Buffer requirements include a given minimum distance separation from the property line and required planting trees and shrubs within the buffer. The minimum buffer requirements, which are based on the size of the lot, shall be as listed in the following table:

TABLE 58-8

ACRES	less than 0.5	0.5	1.0	1.5	2.0	2.5	3.0	3.5	4.0	4.5	5.0	5.5	6.0	6.5	7.0	7.5	8.0	8.5	9.0	9.5	10 or more
WIDTH*	10	12	14	16	18	20	22	24	26	28	30	32	34	36	38	40	42	44	46	48	50
TREES (per 100 ft)	3;arrowrt;			4;arrowrt;			5;arrowrt;			6;arrowrt;			7;arrowrt;				8;arrowrt;				9
SHRUBS (per 100 ft)	20;arrowrt;																				20

 

*The minimum width of a buffer may be reduced by an additional 20 percent if a fence or wall is constructed in accordance with these regulations.
ft = feet

(3)

The width of the buffer may be reduced by 20 percent if a wall or fence is provided that meets the following standards:

a.

Any fence or wall shall be constructed in a durable fashion of brick, stone, other masonry materials, or wood posts and planks, or metal or other materials specifically designed as fencing materials, or any combination thereof as may be approved by the zoning administrator. No more than 25 percent of the fence surface shall be left open, and the finished side of the fence shall face the abutting property. A chainlink fence with plastic, metal or wooden slats may not be used to satisfy the requirements of this section when abutting residential uses and districts;

b.

Walls and fences shall be a minimum height of six feet;

(4)

Required trees and shrubs within the buffer shall meet the following standards:

a.

Forty percent of the required trees within the buffer shall be large mature trees;

b.

All trees shall have a minimum caliper of two inches measured six inches above ground at the time of planting;

c.

Shrubs shall be evergreen and at least three feet tall when planted with the average height of six feet in three to four years. However, 25 percent of the shrubs may vary from this standard. The allowed variations are as follows:

1.

Shrubs may be deciduous;

2.

Shrubs may be two feet tall when planted, provided an average height of three to four feet is expected as normal growth within four years; or

3.

Shrubs planted on a berm may be of lesser height, provided the combined height of the berm and plantings is at least eight feet after four years.

d.

Shrubs and trees shall be on the approved plant list in appendix I to chapter 58;

e.

All specifications for the measurement, quality, and installation of trees and shrubs shall be in accordance with the American Standards for Nursery Stock published by the American Association of Nurserymen, and shall be free of disease; and

f.

Twenty-five percent of all trees will be evergreen.

(5)

Landscaping buffers will have an arrangement of trees and shrubs in the buffer area, which shall be done in a manner that provides a visual separation between abutting land uses. Shrubs shall be massed in rows or groups to achieve the maximum screening effect. Guidelines for the arrangement of plant material are illustrated in table 58-8.

(6)

In the event that it can be demonstrated that existing vegetation meets the intent of this section, but the plant materials are not on the approved list, the zoning administrator may waive the requirements for plant materials. If a plant material is not on the approved list, the zoning administrator may determine whether it is acceptable.

(7)

Berms may be used as screening, provided such berms are at least six feet in height with a maximum slope of 4:1, as measured from the exterior property line.

a.

Berms shall be stabilized to prevent erosion and landscaped; and

b.

If a berm is constructed, shrubs are required but the number may be reduced by 25 percent. However, constructing a berm does not modify the number of trees required.

(8)

Required buffers shall not be disturbed for any reason except for required driveways, sidewalks, or other pedestrian or bicycle paths, walls, fences, or required landscaping, landscaping maintenance or replacement, or maintenance and construction of berms, or utility lines. However, utility line construction must meet the following requirements:

a.

The removal of any tree larger than six inches in caliper or any dogwood or redbud larger than two inches in caliper shall require the approval of the zoning administrator;

b.

No utility easements shall run longitudinally within a buffer yard.

(9)

To the extent possible, the path cleared for the utility lines shall be replaced with plant materials which are consistent with those that existed prior in the buffer yard.

(10)

In no case shall the plant species of Pueraria lobata (Kudzu) be used for planting with the buffer.

(11)

The developer shall be required to replace any plant material which has not remained viable or has failed to stabilize the soil through two consecutive growing seasons.

(12)

All buffers shall be constructed in a manner that shall allow for adequate sight distance where subdivision streets intersect with the thoroughfare.

(13)

If utilities are located within the buffer yard, then the right-of-way width must be added to the total buffer width, in addition to the required width in table 58-8. This additional buffer width can be added into the calculated lot area.

(14)

If aboveground utilities are to remain in the buffer yard, then all landscaping, including the location of a berm, must be located as follows:

a.

Overhead. Trees next to power lines shall be planted using the table below. The measurement shall be made from the nearest edge of the tree trunk.

Distance from power line	Tree specification
40 feet or greater	Any tree listed in appendix I
18 feet or greater	Small maturing trees listed in appendix I. However, except trees as marked with an asterisk (*) shall not be located within the utility right-of-way.
0—18 feet	Shrubs with a mature height of less than 20 feet.

 

b.

Underground. Roots planted near underground utility or power lines may be damaged in the event that repairs are required. Utmost care shall be taken when planting new trees and when carrying out any excavation work near trees.

(b)

Business and commercial uses adjacent to residential zoning shall provide screening to materially screen the subject use from the view of the adjoining residential zoning district.

(c)

Off-street parking and loading facilities and dumpsters adjacent to residential zoning or located in a residential district shall provide screening.

(d)

For open-air storage, or an unenclosed structure within 100 feet of a road, consisting of a roof, but no walls, used for storage of materials, products, wastes or equipment associated with business or certain conditional uses, screening shall be provided. Such screening may be located anywhere on the subject property, provided the storage is effectively screened.

(e)

The screening provisions of this section shall be minimum screening standards required for the issuance of a conditional use permit as provided in article III of this chapter; provided, however, that the town council may impose additional reasonable screening requirements as a condition for awarding a conditional use permit as the town council considers necessary to protect the public health, safety and welfare in accordance with the purpose and intent of this chapter.

(f)

In cases where screening is required by this chapter and devices such as existing vegetation or topographical features or extreme size of the tract involved would render the installation of screening unnecessary, the zoning administrator is hereby empowered to accept the existing features as meeting the general requirements. Such decision shall be based on the spirit and intent of this section. If, at any time after existing topographical features or size of the lot are thereafter altered so as to render them inadequate as screening, the owner of the land shall be required to provide screening as described in this section to achieve the required screen. The vacancy or nonuse of adjacent property shall not negate the necessity for installation of screening.

(g)

Subsections (a)—(f) of this section shall be construed to require screening alongside property lines and/or rear property lines adjacent to residential zoning, but in no case shall screening be required along a public street, except as provided in subsections (c) and (d) of this section.

(h)

Uses permitted within the business districts shall provide street trees as landscaping along the front property line, along the side street property line on a corner lot, and at the rear property line when the rear property line lies directly across the street from a residential district. Such trees shall be installed in accordance with the following standards:

(1)

Such trees may be evergreen or deciduous.

(2)

Such trees shall be a minimum of four feet high at planting.

(3)

The maximum spacing between trees shall be 30 feet.

(i)

Such trees shall when possible be located behind the right-of-way of the street. When it is necessary to locate landscaping required by this section on the right-of-way of a state-maintained road, an encroachment agreement shall be obtained from the state department of transportation. Consideration should be given to the alignment of trees or shrubs installed on an adjoining lot and when possible the alignment should be continued along the street. Encroachment into the sight distance area as defined in section 58-12 shall be allowed subject to the requirement that landscaping installed within a sight distance shall be set back as far as is practicable from the intersection of the two streets forming the intersection and shall not be of a height to interfere with sight distance.

(j)

In cases where existing trees on a lot or lots are located within the required setback, and where existing trees would inhibit or restrict the growth of street trees required by this section, the zoning administrator may authorize that low growing shrubbery be installed in lieu of trees. Such shrubs shall adhere to the locational requirements stated in subsections (g) and (h) of this section.

(k)

Essential services, classes I, II, III, IV, shall be naturally screened on all sides in compliance with the screening and landscaping provisions of this section.

(Ord. No. 87-04-08, § 4.2, 4-8-1987; Ord. No. O-2017-12, 10-9-2017)

Editor's note

Appendix I is set out at the end of this chapter.