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(A) General Purpose. The bufferyard is a precisely defined yard together with the planting required thereon. Both the amount of land and the type and amount of planting specified for each bufferyard requirement of Chapter 92
of the Code of Ordinances are designed to lessen incompatibilities between adjacent land uses or screen a use from a public road. It is intended that bufferyards will separate different land uses from each other in order to eliminate or minimize potential nuisances such as dirt, litter, noise, glare of lights, signs, and unsightly buildings or parking areas, or to provide spacing to reduce adverse impacts of noise, odor, or danger from fires or explosions. The planting units required have been calculation to insure that they do, in fact, function as "buffers."
(B) General provisions.
(1) Initial determination. An initial determination of the proposed use and adjacent uses shall be made using the following:
(a) Single Family Residential is equivalent to R-15, R10, and R-8 districts.
(b) Multi-Family Residential is equivalent to the R-6 and R4 and R-O districts.
(c) High Intensity Commercial is equivalent to the CBD, SCD, GHBD, MUSCD, and I-O districts.
(d) Light Intensity Commercial is equivalent to the NBD, R-O and HMD districts.
(e) Industrial is equivalent to LID and HID districts. These specific uses shall be classified as industrial zoning types for bufferyard purposes only:
1. Banking and financial services, with drive-through facilities;
2. Car wash;
3. Convenience store with gasoline sales;
4. Implement sales and services;
5. Kennels;
6. Outdoor display retail;
7. Motor vehicle repair and maintenance;
8. Motor vehicle storage yard;
9. Outdoor display retail;
10. Recreational vehicle park;
11. Recreational services, outdoor; yard;
12. Restaurants (with drive-through service); and
13. Storage and salvage.
(2) Determine the bufferyard (Type I, II, III, or IV). Determine the required bufferyard for adjacent zoning type of project (impending use) from the following:
(a) Type I Bufferyard. A type I bufferyard is a low density screen designed to partially block visual contact and create spatial separation between adjacent uses.
(b) Type II Bufferyard. A type II bufferyard is a medium density screen designed to partially block visual contact and create spatial separation between adjacent uses.
(c) Type III Bufferyard. A type III bufferyard is a high density screen designed to eliminate visual contact and create spatial separation between adjacent uses.
(d) Type IV Bufferyard. A type IV bufferyard is a higher density screen designed to eliminate visual contact and create spatial separation between adjacent uses.
Bufferyard Requirements
Zoning Type of Project | Zoning Type of Adjacent Property | ||||
SFR | MFR | LIC | HIC | IN D | |
Zoning Type of Project | Zoning Type of Adjacent Property | ||||
SFR | MFR | LIC | HIC | IN D | |
SFR | II+ | II+ + | II+ + | II+ + | II ++ |
MFR | II | * | * | I++ + | I+ ++ |
LIC | II | I | * | * | * |
HIC | III | II | * | * | * |
IND | IV | IV | I | * | * |
* No bufferyard requirement + 25-foot wooded buffer or Type II replacement bufferyard required for single family detached, attached and duplex developments of more than 20 units or 5 acres. SFR developments of less than 20 units or 5 acres shall not require buffering. ++ 25-foot wooded buffer or Type II replacement bufferyard required for single family detached, attached and duplex developments of more than 20 units or 5 acres if no bufferyard is provided on developed adjacent property designated as more intense than SFR. SFR developments of less than 20 units or 5 acres shall not require buffering. +++ Type I bufferyard required if no bufferyard is provided on developed adjacent property designated as HIC or IND zoned types provided on developed adjacent property designated as high intensity commercial (IC) or industrial (IND) zoning types. | |||||
(3) Bufferyard Selection. Select the desired bufferyard option for the required bufferyard type from those described below.
(a) Type I Bufferyard. There are four design options that may be used to satisfy this requirement.
Type I Bufferyard Design Options | |
Minimum Bufferyard Width | Minimum Plant Material/100 Linear Feet |
10 feet | 2 deciduous trees; 8 primary evergreen plants; 10 supplemental evergreen shrubs |
20 feet | 2 deciduous trees; 8 primary evergreen plants |
30 feet | 2 deciduous trees; 5 primary evergreen plants |
50 feet | 2 deciduous trees; 3 primary evergreen plants |
(b) Type II Bufferyard. There are four design options that may be used to satisfy this requirement.
Type II Bufferyard Design Options | |
Minimum Bufferyard Width | Minimum Plant Material/100 Linear Feet |
15 feet | 2 deciduous trees; 8 primary evergreen plants; 20 supplemental evergreen shrubs |
20 feet | 2 deciduous trees; 8 primary evergreen plants; 10 supplemental evergreen shrubs |
30 feet | 2 deciduous trees; 8 primary evergreen plants |
100 feet | 2 deciduous trees; 4 primary evergreen plants |
(c) Type III Bufferyard. There are five design options that may be used to satisfy this requirement.
Type III Bufferyard Design Options | |
Minimum Bufferyard Width | Minimum Plant Material/100 Linear Feet |
15 feet | 2 deciduous trees; 8 primary evergreen plants; 20 supplemental evergreen shrubs |
20 feet | 2 deciduous trees; 18 primary evergreen plants |
30 feet | 3 deciduous trees; 13 primary evergreen plants |
40 feet | 3 deciduous trees; 10 primary evergreen plants |
50 feet | 3 deciduous trees; 5 primary evergreen plants |
(d) Type IV Bufferyard. There are six design options that may be used to satisfy this requirement.
Type IV Bufferyard Design options | |
Minimum Bufferyard Width | Minimum Plant Material/100 Linear Feet |
Type IV Bufferyard Design options | |
Minimum Bufferyard Width | Minimum Plant Material/100 Linear Feet |
15 feet | 2 deciduous trees; 18 primary evergreen plants; 20 supplemental evergreen shrubs |
30 feet | 2 deciduous trees; 18 primary evergreen plants; 10 supplemental evergreen shrubs |
40 feet | 3 deciduous trees; 18 primary evergreen plants |
50 feet | 3 deciduous trees; 14 primary evergreen plants |
100 feet | 3 deciduous trees; 10 primary evergreen plants |
200 feet | 3 deciduous trees; 5 primary evergreen plants |
(C) Additional requirements.
(1) Fractional calculations. Fractional planting requirement calculations shall be rounded to the next higher whole number.
(2) Existing plant material. Existing plant material within the required bufferyard may be included in the computation of the required plantings with approval of the Zoning Enforcement Officer.
(3) Fence or wall option. An opaque fence or wall may be used in lieu of not more than 50% of the required evergreen bufferyard planting with the approval of the Zoning Enforcement Officer and providing the following conditions are met, where applicable.
(a) Fence height for industrial zoning. The minimum required fence height shall be eight feet above ground level when the proposed project zoning type is classified as an industrial zoning type.
(b) Fence height for zoning types except industrial. The minimum required fence height shall be six feet above ground level when the proposed project zoning type is classified as any zoning type except those classified as industrial.
(c) Vegetation planted on exterior sides. Where a fence or wall is used as part of the required screening, all required vegetation shall be planted on the exterior side of the fence or wall.
(d) Screening multi-family residential zoning type. Where the fence option is used to screen multi-family residential zoning types from more intense zoning types, the required vegetation may be planted on the interior side of the fence or wall.
(e) Remaining vegetation distribution. Where a fence is used in lieu of not more than 50% of the required vegetation, the remaining percentage of vegetation to be used in conjunction with the fence or wall shall be evenly distributed in the bufferyard.
(4) Bufferyard locations. Bufferyards shall be located on the outer perimeter of a lot or parcel, extending to the lot or parcel boundary line, with the following exceptions.
(a) On adjacent property. All or part of the bufferyard may be located on adjacent property within a permanent easement dedicated for such purpose with approval of the Zoning Enforcement Officer.
(b) Portion of site proposed for development. If only a portion of a site is proposed for development, the required bufferyard may be located at the limit of the construction perimeter with approval of the Zoning Enforcement Officer.
(c) Topographic irregularities. Where topographic irregularities require a different location to meet the intent of this section, the location of the bufferyard may be varied with approval of the Zoning Enforcement Officer.
(d) Rights-of-way and streets. Bufferyards shall not be located on any portion of an existing, dedicated, or proposed right-of-way, or a private street.
(5) Size of plant material.
(a) Deciduous trees in bufferyards 30 feet in width or less may be either medium or large varieties as described in the appendix, provided, however, at least one-half of the required trees shall be large variety. Deciduous trees in bufferyards or greater than 30 feet in width shall be large variety trees. Suggested plant materials are listed in the office of the Zoning Enforcement Officer.
(b) All deciduous trees used for bufferyard screening must be a minimum of eight feet in height at installation and shall be at least two inches in diameter measured six inches above ground level.
(c) All primary evergreen plants shall be a minimum of six feet in height at the time of installation unless combined with an approved earthen berm, and shall not be less than ten feet in height at maturity.
(d) All supplemental evergreen shrubs shall be a minimum of 18 inches in height at the time of installation and shall attain a minimum height of 36 inches three years after installation.
(6) Spacing of plant material.
(a) All deciduous trees shall be installed with tree trunks spaced a minimum distance of 30 feet apart and a maximum distance of 60 feet apart.
(b) All primary evergreen plants shall be distributed evenly along the length of the bufferyard and shall be staggered where quantities permit. Primary evergreen plants shall be installed with tree trunks spaced a minimum of seven feet apart and a maximum of 15 feet from other primary evergreen plants and from any required deciduous tree.
(c) All supplemental evergreen shrubs shall be distributed evenly along the length of the bufferyard and shall be staggered where quantities permit.
(Ord. 98-01, passed 1-20-98; Am. Ord. 11-24, passed 7-18-11; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21; Am. Ord. 24-16, passed 6-17-24)
(A) Purpose. It is the intent of this section to protect and promote the public health, safety, and general welfare by requiring the landscaping and paving of parking areas which will serve to control access, enhance safety, reduce radiant heat from surfaces, reduce wind and air turbulence, reduce noise, reduce the glare of motor vehicles and surfaces, ameliorate storm water drainage problems, filter automotive exhaust, and protect and preserve the appearance, character, and value of adjacent properties.
(B) Applicability.
(1) The landscaping requirements of this section shall apply to all parking lot development, public and private, designated as multi-family, recreational, office or institutional, commercial or industrial land uses. It is the intent of this section to require compliance with these standards with all new parking lots and parking lot expansions; with the repaving of existing parking lots of at least 50 spaces or 25,000 sq. ft., whichever is less; and when existing structures or uses have been expanded or improved by at least 25% in area or taxable value, whichever is less.
(2) Each new, improved or expanded off-street parking lot shall be constructed in such a manner that its surface material shall be dust free. This is to be accomplished by concrete or blacktop (if another non-dust producing surface is proposed, it must be approved by the Planning Board). Each automobile parking space shall be provided with adequate access and maneuvering area on-site to each space. Each parking lot shall be provided with vehicular access to a street or alley. Each parking space shall be designed so as to be fully entered and exited safely, without interference with pedestrian or business activities or the use of adjacent public rights-of-way.
(3) All off-street parking lots shall be graded and drained so as to dispose of all surface water accumulated within the area in accordance with city design and specifications standards and of the City of Albemarle Planning and Development Services Department.
(4) Street tree requirements of this section shall apply to all new development, public and private, designated as multi-family, recreational, office or institutional, commercial or industrial land uses as well as residential development on newly created streets.
(C) Pre-development site review. Site plans for proposed development shall comply with the requirements of this section prior to issuance of a zoning permit. Such plans shall be reviewed and approved by the Planning Director or his or her designee.
(D) Definitions.
(1) "LANDSCAPING.” The existing and/or proposed features of real estate which are intended to enhance and/or buffer a development, including but not limited to trees, shrubs, lawns, and rocks.
(2) “PARKING LOT.” Any open portion(s) of a property or properties which are regularly used for the on-site navigation and temporary storage and of ten or more motor vehicles or are at least 5,000 square feet in area, collectively.
(3) “PARKING SPACE.” A marked area, intended to accommodate a single parked vehicle. If unmarked, each 500 square feet of any parking lot or area shall constitute a parking space.
(4) “PARKWAY.” The unpaved portion of a public road or street right-of-way abutting a parcel.
(5) “PRESERVABLE TREE.” Any tree for which tree removal requires a tree removal permit.
(6) “PROPERTY OWNER.” Includes the owner of an easement.
(7) “REMOVE(D) OR REMOVAL.” The physical removal or effective removal through cutting, chopping, sawing, damaging, topping, poisoning, or other direct or indirect action intended to result in the death of a tree. It shall not mean normal pruning or trimming of a tree.
(8) “SITE PLANS.” Plans to be submitted by the property owner or developer depicting and describing the changes that will occur as the parking lot is developed; particular attention should be paid to identifying preservable trees.
(9) “TURF GRASS.” Areas of mown ground cover grasses primarily consisting of bluegrass, fescue and rye grass.
(E) Landscaping requirements.
(1) Interior areas of parking lots. The area(s) within the property used for parking and movement shall provide landscaping as follows:
(a) A small shrub (mature height of 2-4 feet) shall have a planting area of nine square feet. Minimum size at installation shall be a three gallon container with roots filling the container.
(b) A medium shrub (mature height of 4-15 feet) shall have a planting area of 25 square feet. Minimum size at installation shall be a seven gallon container with roots filling the container.
(c) A small tree (mature height of less than 20 feet) should have a planting width of at least eight feet and an open area of at least 100 square feet. Minimum planting area is an 8 by 12.5 foot rectangle.
(d) Medium tree (mature height less than 35 feet) should have a planting width of at eight feet and an open space of at least 150 square feet. Minimum planting area is an 8 by 18.75 foot rectangle.
(e) Large tree (mature height greater than 35 feet) should have a planting area of at least 200 square feet. Minimum planting area dimension is a 10 by 20 foot rectangle.
DIAGRAM 92.091 (1): Minimum Planting Areas
(F) Plants required.
(1) One small tree shall be required for every ten parking spaces or one medium tree shall be required for every 15 or fewer parking spaces; or one large tree for every 20 or fewer spaces; or a combination of tree sizes based on the number of parking spaces and the size of the planting area.
The following example is given for illustrative and guidance purposes in the application of this section:
A parking lot having 38 parking spaces would require a minimum of four small trees or three medium trees, or two large trees or two small and one large tree or two small and two medium trees, or one small, one medium, and one large tree.
(2) One small shrub shall be required for every five or fewer parking spaces; or one medium shrub for every ten parking spaces; or a combination of small and medium shrubs based on the number of parking spaces, the amount of planting spaces available and any sight elevation problems that may be encountered in the parking lot.
(3) The minimum size of the planting area will be based on the total minimum square foot area required by each shrub and tree to be planted in that area.
The following example is given for illustrative and guidance purposes in the application of this section:
One medium tree and four small shrubs are to be planted in a traffic island. The minimum size of the planting area will be:
(1) medium tree: 150 square feet
(4) small shrubs: 36 square feet Total area needed: 186 square feet
(4) Required trees and shrubs shall be distributed throughout the vehicular area and be placed as landscaped islands at each end of parking aisles so that no parking space is located more than 60 feet from a parking lot tree so as to assist in traffic delineation and control.
(5) Planting areas shall comply with the specified calculations at a minimum and shall be protected from vehicular encroachment by curbing or wheel stops at least six inches in height.
(6) All tree planting areas not affected by turf grass or low growing ground cover shall be adequately mulched to a minimum depth of two inches with organic material such as shredded bark or pine needles to conserve moisture and discourage growth of noxious weeds.
(7) Separation from structures. All parking areas, unless located on or within a structure, shall be separated from the exterior wall of a structure exclusive of paved pedestrian entrance ways or loading areas by a buffer strip of at least five feet in width which shall be landscaped with mulch, pine straw, or shrubs.
(G) Maintenance. It shall be the responsibility of the property owner, or in the event of a property transfer, the subsequent property owner's responsibility to maintain and ensure the survival of the plant material and planting areas in perpetuity. Plants and trees that do not survive planting or for some reason succumb to injury, disease and/or insect infestation must be replaced during the first planting season following the death of the plant(s) in accordance with the specifications of this section.
(H) Performance guarantee. Landscape and tree planting requirements may be deferred to an appropriate planting season, based on a decision made by the Planning Director in order to facilitate a property owner's desire to obtain a certificate of occupancy. This provision is meant to allow for seasonal extremes in weather and soil conditions which may be incompatible to landscaping. It is not, however, meant to be used in any way to circumvent the intent and purpose of this section. No certificate of occupancy shall be approved until:
(1) The required landscaping is completed in accordance with approved plans; or
(2) A bond or certified check, payable to the city, in the amount of 100% of the estimated cost to assure installation of the required landscaping. The amount of the bond shall be submitted by the developer and reviewed and determined by the city staff to be acceptable; or
(3) An irrevocable letter of credit issued by a bank in a form approved by the City Attorney may be accepted in lieu of bond under the terms and conditions applicable to bonds in subdivision (b) above; and
(4) No surety or portion thereof, as provided for in this section, shall be released by the city until all landscaping has been installed, inspected and approved.
(I) Exceptions. When parking is provided underground or within a building, the above requirements shall not apply. Additionally, automobile dealerships and other businesses with parking lots larger than 50 spaces or 25,000 square feet that demonstrate a real and substantial need, particular to their business, for exception to the above requirements, may be permitted to relocate required landscaping for up to one half of the parking lot to another location within the parking lot or otherwise cluster it within the exempted area. Display areas and other areas requested for exemption shall be indicated on site plans for approval. It is not the intent of this section for this exemption to be applied to regular customer and employee parking areas.
DIAGRAM 92.091 (2): Parking Lot Landscaping Requirements
(J) Street tree front and side line landscaping facing city or DOT streets.
(1) Street tree planting requirements.
(a) For all development, public and private, designated as multi-family, recreational, office or institutional, commercial or industrial land uses the required planting strip must be comprised of a row of canopy or ornamental trees planted an average of 35 feet on center and located at least five feet behind the street, utility right-of-way,
underground water line, sewer line, transmission line or other utility.
(b) For all residential development on new public streets, the required planting strip must be comprised of a row of canopy or ornamental trees planted an average of 50 feet on center on both sides of new streets and located within the planting strip between sidewalk and street or street curb. When not permitted due to planting strip width or utility location, trees may be planted behind the sidewalk within the right-of-way or within the front yards of residential lots provided that a planting and maintenance easement is provided and the trees are not removed by future homeowners.
(c) When such plantings are demonstrated to interfere with visibility of signage or otherwise obstruct vehicular visibility, infrastructure or utility access, the spacing between trees may be reduced or subject trees may be relocated or otherwise clustered on-site. Such exception shall be applied as minimally as is needed so as to address conflicts and still maintain the row or canopy of trees to the greatest extent possible..
DIAGRAM 92.091 (3): Street Tree Placement Requirements
(d) When no overhead utilities or other obstructions are present, medium and large trees shall be planted. Such trees must be a least two and one-half inches in caliper and no less than eight feet in height at the time of installation and shall have an expected mature height of at least 30 feet.
(e) When overhead utilities or other obstructions prevent the planting of medium or large trees, small trees may be planted. Small trees must be at least one and one-half inches in caliper and no less than six feet in height and an expected height of no more than 20 feet and shall be required under overhead utility lines.
(f) The above size and height standards shall apply to interior landscaping of parking lots.
(2) Tree and shrub species. The following is a list of recommended trees and shrubs by common name:
Upper-story or canopy trees | |
Species name | Common name |
Upper-story or canopy trees | |
Species name | Common name |
Acer floridanum (barbatum) | Sugar Maple |
Acer rubrum | Red Maple |
Acer saccharum | Sugar Maple |
Betula nigra | River Birch |
Celtis laevigata | Sugarberry |
Celtis occidentalis | Hackberry |
Fagus grandifolia | American Beech |
Ginkgo biloba | Ginkgo, Maiden Tree |
Liquidambar styraciflua | Sweetgum |
Liriodendron tulipiflera | Tulip Poplar |
Metasequoia glyptostroboides | Dawn Redwood |
Nyssa sylvatica | Black Gum, Tupelo |
Platanus occidentalis | American Sycamore |
Populus deltoides | Eastern Cottonwood |
Quercus bicolor | Swamp White Oak |
Quercus falcata | Southern Red Oak |
Quercus lyrate | Overcup Oak |
Quercus michauxii | Swamp Chestnut Oak |
Quercus nuttallii | Nuttal Oak |
Quercus palustris | Pin Oak |
Quercus phellos | Willow Oak |
Quercus shumardii | Shumard Oak |
Quercus velutina | Black Oak |
Taxodium ascendens | Pond Cypress |
Taxodium distichum | Bald Cypress |
Tillia americana | American Linden |
Tillia cordata | Little Leaf Linden |
Ulmus alata | Winged Elm |
Ulmus americana | American Elm (Dutch elm disease resistant variety) |
Juniperus virginiana | Eastern Red Cedar |
Magnolia grandiflora | Southern Magnolia |
Pinus eliiotti | Slash Pine |
Pinus palustris | Longleaf Pine |
Pinus taeda | Loblolly Pine |
Quercus hemisphaerica | Laurel Oak |
Quercus virginiana | Southern Live Oak |
Understory or medium trees | |
Species name | Common name |
Understory or medium trees | |
Species name | Common name |
Amelanchier arborea | Downy Serviceberry |
Amelanchier x grandiflora | Apple Serviceberry |
Carpinus carolinana | American Hornbeam |
Cercis canadensis | Eastern Redbud |
Chionanthus virginicus | American Fringe Tree |
Cladrastis kentukea | American Yellowwood |
Cornus florida | American Dogwood |
Cornus kousa | Kousa Dogwood |
Cotinus obovatus | American Smoketree |
Crataegus phaenopyrum | Washington Hawthorn |
Crataegus virdis | Green Hawthorn |
Diospyros virginiana | American Persimmon |
Hamamelis virginiana | American Witch- hazel |
Ilex decidua | Possumhaw Holly |
Lagerstroemia species | Crape Myrtle |
Magnolia stellata | Star Magnolia |
Ostrya virginiana | Ironwood, Hop-Hornbeam |
Oxydendrum arboretum | Sourwood |
Parrotia persica | Parrotia Tree |
Prunus 'yedoensis' or subhirtella | Flowering Cherry |
Styrax americana | American Snowbell |
Ilex cassine | Dahoon Holly |
Ilex opaca | American Holly |
Ilex 'Nellie Stevens' | Nellie Stevens Holly |
Ilex vomitoria | Yaupon Holly |
Magnolia virginiana | Sweetbay Magnolia |
Shrubs or understory plants | |
Species name | Common name |
Shrubs or understory plants | |
Species name | Common name |
Salvia lyrate | Lyreleaf Sage |
Sisyrinchium angustifolium | Blue-eyed Grass |
Carex laxiculmis | Creeping Sedge |
Carex plantaginea | Broadleaf Sedge |
Hypericum stragulum | Dense St. Johnswort |
Juniperus horizontalis | Creeping Juniper |
Phlox subulate | Moss Phlox |
Aesculus pavia | Red Buckeye |
Callicarpa americana | American Beauty Berry |
Cornus racemose | Gray Dogwood |
Cyrilla racemiflora | Ti-ti |
Fothergilla gardenia | Dwarf Fothergilla |
Fothergilla major | Witch-Alder |
Hamamelis x intermedia | Hybrid Witchhazel |
Hydrangea arborescens | Smooth Hydrangea |
Hydrangea quercifolia | Oakleaf Hydrangea |
Hypericum densiflorum | Dense St. Johnswort |
Hypericum prolificum | Shrubby St. Johnswort |
Ilex verticillata, winterberry | Winterberry |
Itea virginica | Virginia Sweetspire |
Lindera benzoin | Spice Bush |
Magnolia soulangeana | Saucer Magnolia |
Rhododendron (native deciduous) | Rhododendron (native) |
Rhus aromatica | Fragrant Sumac |
Rhus glabra | Smooth Sumac |
Rhus typhina | Staghorn Sumac |
Rosa Carolina | Carolina Rose |
Sambucus canadensis | Elderberry |
Sassafras albidum | American Sassafras |
Viburnum acerifolium | Mapleleaf Viburnum |
Viburnum dentatum | Arrowood Viburnum |
Viburnum nudum | Possum Haw Viburnum |
Viburnum prunifolium | Blackhaw Viburnum |
Zenobia pulverulenta | Dusty Zenobia |
Abelia x grandiflora | Glossy Abelia |
Agarista populifolia | Fetterbush |
Aucuba japonica | Acuba |
Buxus microphylla var. japonica | Japanese Boxwood |
Camellia sasanqua | Camellia, sasanqua varieties |
Cephalotaxus harringtonia | Plum Yew |
Gardenia jasminoides | Creeping Gardenia |
Ilex cornuta | Dwarf Burford Holly varieties |
Ilex glabra | Inkberry Holly |
Ilex vomitoria 'Nana' | Dwarf Yaupon Holly |
Ilex x attenuate 'Fosteri' or 'Savannah' | Foster or Savannah Holly |
Illicium parviflorum | Anise Tree |
Juniperus chinensis | Chinese Juniper |
Juniperus davurica 'Expansa' | Parson's Juniper |
Myrica cerifera | Wax Myrtle |
Osmanthus americanus | American Tea Olive |
Osmanthus x fortune | Fortunus Osmanthus |
Podocarpus macrophyllus | Chinese Podocarpus, 'Maki', Yew |
Rhododendron (evergreen) | Southern Indica Rhododendron |
Sarcococca hookeriana var. humilis | Sarcocca |
Viburnum obovatum | Dwarf Viburnum, Walter's viburnum |
Yucca filamentosa | Needle Yucca |
Bignonia capreolata | Crossvine |
Campsis radicans | Trumpet Vine |
Parthenocissus quinquefolia | Virginia Creeper |
Passaflora incarnata | Passion Flower, Maypop |
Gelsemium sempervirens | Carolina Jessamie |
Lonicera sempervirens | Trumpet Honeysuckle |
(3) The use of other species shall only be allowed by written permission of the Director of Planning and Development Services or his or her designee.
(4) “INVASIVE SPECIES.” A species, which is not native to a particular ecosystem, and whose introduction causes or is likely to cause economic or environmental harm, or harm to human health. Ideally, do not use them or if previously planted, remove and replace them with native species. The list below shows the scientific and common name and although not exhaustive, identifies prevalent species which may be invasive and therefore good ones to remove and replace with native varieties.
Species name | Common name |
Species name | Common name |
Acer ginnala | Amur Maple |
Ajuga reptans | Carpet Bugle |
Berberis spp | Barberry Species |
Buddleia davidii | Butterfly Bush |
Cupressus x leylandii | Leyland Cypress |
Callicarpa dichotoma | Asian Beautyberry |
Elaeagnus spp | Elaegnus Species |
Euonymus alatus | Burning Bush |
Euonymus fortunei var. | Winter Creeper |
Fraxinus spp | Ashe Trees - includes green and white ash, and the like |
Hedera canariensis | Algerian Ivy |
Hedera helix | English Ivy |
Kolreuteria paniculate | Golden Raintree |
Lespedeza thunbergii | Lesbedesia, non-native |
Ligustrum species | Privet |
Liriope muscari, spicatum | Liriope Species |
Lonicera spp | Non-native Honeysuckle |
Mahonia spp | Mahonia |
Miscanthus sinensis | Chinese Silvergrass |
Nandina domestica | Heavenly Bamboo |
Ophiopogon japonicus | Mondo Grass |
Parthenocissus tricuspidate | Boston Ivy |
Phellodendron amurense | Amur Cork Tree |
Photinia x faseri | Fraser photinia |
Platanus x acerifolia | London Planetree |
Pyracantha coccinea, koidzumii | Firethorn species |
Pyrus calleryana | Bradford or Callery Pear |
Quercus acutissima | Sawtooth Oak |
Quercus robur | English Oak |
Rhapiolepis umbellata (R. indica) | Indian Hawthorn |
Ulmus parvifolia | Chinese Elm, Lacebark Elm |
Vinca major, minor | Periwinkle species |
(Ord. 99-43, passed 9-7-99; Am. Ord. 10-03, passed 2-1-10; Am. Ord. 19-41, passed 11-18-19; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21; Am. Ord. 24-16, passed 6-17-24)
(A) Purpose. It is the intent of this section to protect and promote the public health, safety, and general welfare through the creation and preservation of a pedestrian network throughout the city that provides for the safe and convenient movement of pedestrians, separate from the movement of vehicular traffic, through both residential and non-residential areas, as well as public places. Pedestrian network shall include the installation of sidewalks, shared-use/multi-use pathways, greenways and similar amenities as included herein.
(B) Applicability. Unless otherwise specified by city ordinance, the sidewalk and pedestrian amenity requirements of this section shall apply to and be required at the time of any new development and/or redevelopment of existing lots within the city. Said requirements shall also apply to and be required at the time of subdivision of both residential and non-residential parcels, with the exception of minor and exempt subdivisions prior to their development. For the purpose of this section, development shall hereafter be used interchangeably to refer to the act of subdivision, construction of new buildings and parking lots, as well as the enlargement or expansion of existing non-residential structures requiring building permits, changes in intensity of use on residential parcels, and the enlargement, or expansion of parking areas.
(C) Pre-development site review. Site plans for proposed development and major subdivisions shall comply with the requirements of this section prior to issuance of all permits. Such plans shall be reviewed and approved by the Planning Director or his or her designee.
(D) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
"EASEMENT." A grant by the property owner for use, by the public, a corporation, or person of a strip of land for specified reasons.
"GREENWAY." A linear park, alternative transportation route, or open space conservation area that provides passive recreational opportunities, pedestrian and/or bicycle paths, and/or the conservation of open spaces or natural areas.
"RIGHT(S)-OF-WAY." A strip of land acquired by reservation, dedication, prescription, or condemnation for use by the public or other specified group and intended to be occupied by a street, trail, water line, sanitary sewer, and/or other public utilities or facilities.
"SHARED-USE/MULTI-USE PATH." A paved path physically separated from motor vehicle traffic by an open space or barrier and either within a highway right-of-way or within tract, or easement. Such a path is used for two-way travel by bicyclists, pedestrians, joggers, skaters, and other non-motorized travelers.
"SIDEWALK." An improved pedestrian surface that is typically located adjacent to a roadway.
(E) Sidewalks required. Sidewalks and pedestrian infrastructure shall be required as follows:
(1) Along all portions of existing public right-of-way immediately adjacent to non-residential and residential parcels. New streets in non-residential and residential developments shall include sidewalks along both sides of the right-of-way.
(2) Residential development fronting along only one side of existing right-of-way shall install sidewalks on that side. This shall apply to all frontage of new subdivisions along existing streets as well, including lots and shared open or HoA space.
(3) Permanent easements or dedications of land to the city for the future installation of pedestrian infrastructure are required with the development of any property designated for such improvements on city adopted plans. Easements shall be a minimum of 20 feet in width and shall be located as close as possible as designated in plans, provided that the Planning Director or his or her designee, or other assigned city staff may work with the owner on minor adjustments to exact locations so long as the intent of applicable plans is met.
(F) Sidewalks exempt. Sidewalks and pedestrian infrastructure is not required in:
(1) Industrially zoned properties.
(2) Cul-de-sac turnarounds.
(3) Any large remaining portion(s) of property at least 200 feet deep from the right-of-way to the interior of the property and with 200 feet of continuous frontage along any single existing right-of-way that is un-improved and not used as part of a proposed or existing development or included as dedicated open space and which contains no substantial constraints, such as severe topographic, hydrologic, geologic or other environmental, physical or legal impediments to its future development. For the purpose of this section such a portion of property would be designated for sidewalk installation when developed in the future and shown on present plans as such.
(4) On one side of the right-of-way in developments requiring them on both sides, when a wider, paved, shared-use path has been agreed upon by the Planning Director and Public Works Director as an acceptable alternative and designs for which are included on an approved site plan(s).
DIAGRAM 92.092(1): Required Pedestrian Amenities
(G) Sidewalk location, orientation, design and materials.
(1) Optimal sidewalk placement is within public right-of-way, immediately adjacent to property line, with a grassed planting strip of at least seven feet between the outer edge of sidewalk and the back of the street curb to provide for a buffer and separation from vehicles. All attempts shall be made at locating these improvements accordingly, whenever practical. At the discretion of the Planning Director or his or her designee, the location may be changed in any area which contains constraints such as severe topographic, hydrologic, geologic or other environmental, physical or legal impediments making installation impractical. In such instances the order of priority shall be as follows:
(a) Continuous installation of the sidewalk along the length of the developed property and connectivity with existing and probable future sidewalks linkages.
(b) Maintaining consistency in orientation, design, dimensions and materials to meet all other city standards and building codes.
(c) Installation of sidewalks inside public right-of-way, adjacent to property line.
(d) Maintaining minimum width for grassed planting strip.
(e) Property owner preferences for meeting lot sizes and dimensional requirements, and location of required on-site improvements and landscaping.
(f) When necessary to place sidewalks inside the property line of the subject property the city shall secure an easement granting perpetual access and maintenance to the city and the public prior to approval of site plans.
(2) Optimal orientation of sidewalks is running horizontally along the property boundary in a straight line. All attempts shall be made at locating these improvements accordingly, whenever practical. At the discretion of the Planning Director or his or her designee, the orientation of sidewalks may be adjusted and sidewalks may be curvilinear to the minimum extent deemed necessary in order to avoid severe topographic, hydrologic, geologic or other environmental, physical or legal impediments making straighter orientations impractical. In such instances the order of priority shall be as follows:
(a) Continuous installation of the sidewalk along the length of the developed property and connectivity with existing and probable future sidewalks linkages.
(b) Maintaining consistency in orientation, design, dimensions and materials to meet all other city standards and building codes.
(c) Avoiding of removal or altering of buildings and existing infrastructure.
(d) Avoiding of removal or altering of mature trees, and other natural features.
(e) Avoiding of removal or altering accessory structures, signs, mailboxes, etc.
(f) Property owner preferences for meeting lot sizes and dimensional requirements, and location of required on-site improvements and landscaping.
(3) All pedestrian infrastructure shall comply with ADA standards for accessibility. Optimal design of shared-use paths is ten feet minimum width and sidewalks is five(5) feet minimum width. Mandatory maximum cross slope is 2% and the horizontal grade is generally no more than the adjacent street. Sidewalks shall extend the length of the right-of-way with breaks of no more than 50 feet where driveway entrances occur. Sidewalks shall be installed flush with asphalt parking lots or driveway aprons and continue uninterrupted across any single spans greater than 50 feet. All breaks in sidewalks shall feature ADA compliant ramps with truncated domes. When site constraints as cited in above sections exist, it is encouraged to use small curb walls and other design features to maintain ADA requirements for grade. Where extreme site constraints exist that make the continuity of the pedestrian network otherwise impractical, the Planning Director may authorize the most minimal reduction to width or increase in slope as is deemed necessary and in keeping with all state and federal requirements.
(4) Sidewalks shall be made of concrete unless another hardened surface is deemed by the Public Works Director to meet current city standards. Shared-use paths in public rights-of-way shall be of concrete, asphalt or another hardened surface approved by the Public Works Director. All other shared-use paths or greenways located outside of public rights-of-way shall consist of a material approved by the Public Works Director or Parks and Recreation Director. All specific material mixes, thickness and installation methods for pedestrian improvements shall comply with current city standards and shall be approved by the Public Works Director prior to both approval of plans and completion of development.
(5) Pedestrian infrastructure shall be provided for to the greatest extent possible for all required developments. Where extreme site constraints exist or upcoming plans for alterations to right-of-way or adjacent infrastructure exist that make complete installation impractical or cost prohibitive such areas shall be delineated on approved site plans and accompanied by documentation from the Planning Director, or his or her designee, detailing the reason for exclusion. In such cases the linear distance of such exclusions shall be documented and the current market rate price per linear foot for more typical improvements shall be used to determine a more appropriate figure that can be applied as part of the fee-in-lieu of installation program below.
(H) Fee in lieu of installation.
(1) In order to ensure that the intent of this section is met; to provide for the continuous, practical and economically efficient installation of a pedestrian network; to maximize the use of this infrastructure; and make future maintenance routines easier to manage, the city has developed an optional fee-in-lieu program for property owners to defer the prompt installation of sidewalks as a required part of their approved development and instead pay to into a city fund for the installation of public sidewalks elsewhere. This program is applicable for those properties with demonstrated site constraints, residential developments of less than ten lots which front on existing public right-of-way, as well as other non-residential property owners wishing to use it. The requirements for participation are as follows:
(a) Property owner shall submit and receive approval of site plans with sidewalks meeting all requirements of this section.
(b) Following final approval, property owner may submit an application to the city to pay the fee-in-lieu. Application shall be accompanied by the property owner's market rate estimate for materials, labor, site prep and all other installation costs or they may accept the estimate provided by the Public Works Director.
(c) As part of the program, property owner shall agree to keep clear the approved sidewalk location in their adjacent right-of-way to the best of their ability and shall be required to keep clear and provide recorded easements to the city for any areas within their property designated for sidewalk installation on the approved site plan.
(d) The Public Works Director, or his or her designee, shall review the application and the estimate for installation and shall approve it or else revise it and send it back to the property owner for subsequent review and approval.
(e) Once the application has been approved the property owner must pay 75% of the approved cost to the city prior to development being completed and certificates of occupancy and other permits being issued. Receipt of approved application, agreements and payment shall constitute the completion of sidewalk requirements for said development.
(2) Once the city has accepted payment for the fee-in-lieu of installation it is responsible for the following:
(a) Maintaining clear records for each application in the program including dates approved, available funds and dates and locations of funds used.
(b) Holding all funds in a separate account or otherwise ensuring their designation and continued availability only on projects applicable herein.
(c) Funds from each specific property must be spent within the corresponding pedestrian improvement zone they are located in at the time of application, a map of these zones must be adopted by Council prior to commencing with the fee-in-lieu program and formally amended before future funds may be spent in any area outside of the existing corresponding zones.
(d) Using funds for pedestrian network improvements only. Funds from separate applications for properties within the same pedestrian improvement zone may be combined together and used on larger projects or used in conjunction with city designated funding sources or as matches on grants so long as these are also for pedestrian improvements as defined in this section.
(I) Failure to comply. Failure to adhere to the requirements of this section shall constitute a violation of city zoning ordinance and shall be enforceable as detailed in this chapter.
(Ord. 19-26, passed 8-5-19; Am. Ord. 19-37, passed 10-7-19; Am. Ord. 19-42, passed 11-18-19; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21; Am. Ord. 24-16, passed 6-17-24)
(A) Purpose. It is the intent of this section to permit functional vehicular access to private lots; maintain both pedestrian and vehicular safety and maneuverability; maintain the efficient use of city rights-of-way for multiple functions; and maintain and improve the overall aesthetic of city streetscapes.
(B) Definition. For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
"CURB CUT." That area between the curb of a street, or edge of the traveled portion of a street when no curb exists, and the right-of- way/ property line over which the city will permit vehicular travel from the traveled portion of a street to an individual property or off-street parking space(s). A physical break or cut of a curb may be necessary to create a drive access. For the purposes of this section, curb cut width shall be measured from the back of sidewalk or property line in straight lines perpendicular to the street or edge of curb, and shall not include the width of the apron curb radii at the edge of street. In all cases the total width of the apron shall be kept to a minimum amount necessary for turning when entering or exiting the street.
(C) Standards. Vehicular access to private properties shall be limited as follows:
(1) Curb cuts shall be installed no less than 20 feet from edge of pavement at any intersection.
(2) Curb cuts shall not be installed where there is less than 18 feet of usable space for maneuvering and/or parking vehicles between or within structures and the property line and/or sidewalks. If vehicles are being parked within structures less than 18 feet from the property line there shall be at least 18 feet between the structure opening and the edge of the curb/street for temporary maneuvering while accessing the structure. With the exception of areas approved for on- street parking, parked vehicles shall not be permitted to encroach into public rights-of-way. In no case shall curb cuts be installed where vehicles will be required to park on public sidewalks, landscaped areas or where they would otherwise interfere with pedestrian and vehicular traffic.
(3) Single curb cuts for any residential lot or for vehicular access to any individual lot or multi-family unit on a lot shall total no more than 18 feet in width continuously at any point, measured horizontally along the property line or along the front of each individual unit.
(4) Multiple curb cuts for a single lot or multi-family unit shall be separated by a minimum of 30 feet. Total combined length of curb cuts for any single residential lot or any individual multi-family unit shall total no more than 24 feet measured at the property line or no more than 50% of the total lot or unit frontage on public rights of way, whichever is less.
(5) When adjacent lots or units each have 45 feet or less of road frontage at the property line, curb cuts shall be installed adjacent to each other along adjoining side property lines for one continuous cut every two lots or units or otherwise side-by-side along side setback lines with minimal separation between them as is needed.
(D) Applicability.
(1) Divisions (C)(2) through (C)(5) shall apply only to public streets. Private alleys or drives shall be exempt from this requirement, but may be limited by other life safety regulations.
(2) Divisions (C)(3) through (C)(5) shall not apply to commercial development or to shared residential parking lots.
(3) This section shall not apply to pre-existing curb cuts for driveways, which may continue to be used and re-paved at their existing widths as needed.
(4) Nothing in this section shall otherwise regulate driveway dimensions, location or materials and design on private property.
(E) Exceptions.
(1) Large, single-family residential lots with over 200 feet of total road frontage may be granted additional curb cuts exceeding the aforementioned thresholds to the amount deemed necessary for adequate internal circulation when also adequately spaced to meet the intent of this section and not exceeding total width of 50% of the lot frontage.
(2) The Planning and Development Services Director, or his or her designee, may make exceptions when pre-existing site conditions require such exception on smaller residential lots or individual units. In such cases these exceptions shall be permissible to the minimum degree necessary to ensure typical levels of functionality and access to the lot and compliance with city code and life safety standards. Exceptions shall not be made due to other design preferences such as building design, placement or orientation of building features.
DIAGRAM 92.124(1): Curb Cuts and Vehicular Access Requirements
(Ord. 22-17, passed 2-21-22)
(A) Purpose and intent. It is the intent of this section to ensure that all new construction on existing lots within the city meet the current development standards of the city ordinance to the greatest extent possible, to minimize future required investment by the city or adjoining property owners for the development of streets and other infrastructure within the city and to ensure the safe and efficient provision of city services to all developed lots within the city. For this reason, all properties adjacent to portions of unopened or unpaved rights-of-way shall be considered to be "underdeveloped" for the purpose of placing new structures and the use of said structures.
(B) Required improvements with construction on underdeveloped lots. The following shall apply to the placement of new structures and construction on underdeveloped lots:
(1) No new structures may be built on existing lots without a minimum of 20 linear feet of paved right-of-way meeting the minimum standards of the subdivision ordinance or as provided herein, whichever is greater.
(2) Where possible acquiring additional lots adjacent to and across unopened or under-developed right-of-way is encouraged to reduce costs to the property owner or builder.
(3) Prior to construction, the entire frontage of each unpaved lot shall be paved to the standards of the closest paved street section or 20-foot minimum width, whichever is greater. Curb and gutter or ditch shall be provided according to that of the closest finished section of right-of-way . Sidewalks or sidewalk fee-in-lieu shall be provided in accordance with this chapter prior to construction. All improvements shall connect to the closest paved/improved streets.
(4) Where necessary, existing rights-of-way may be required to be increased in width to meet these standards. All increases in width shall be recorded by plat with the register of deeds. However, unless done as a part of a major subdivision, an increase in right-of-way width, but not length, shall not necessitate approval by city boards. Infrastructure may be bonded.
(5) Development on corner lots with unpaved or unopened rights-of-way along the sides of a property shall complete improvements on a minimum of one-half the length of said right-of-way as provided in this section when existing lots to their rear have no access to a paved city street. When paving along sides is not required, homes on larger corner lots shall be placed in such a way as to allow for future subdivision along the unopened right-of-way as new development becomes feasible.
(6) Any subdivision or development of a lot(s) adjacent to any unpaved or unopened right-of-way that would include an increase above one residential unit per existing lot shall require that all portions of the unopened right-of-way adjacent to the lot(s) be completed to the minimum standards of the subdivision ordinance and connect to a fully developed street. No exceptions. Major subdivisions may require improvement of connections to additional streets when the total length of said connection would be less than 10% of the total length of improvements.
(7) Depending on the density and anticipated impact of a proposed development, planning staff may refer the new development to Planning Board, City Fire Marshal and other responsible parties and an increase in street or infrastructure improvements within the adjacent right-of-way and any additional right-of-way may be required as needed to adequately accommodate the new development without adversely impacting the existing neighborhood.
(8) In addition to setback requirements of this chapter, new homes and other structures and improvements of the site on lots at the end of stubbed streets or unopened right-of-way shall be located a minimum of 20 feet outside of the straight-line extension of said right-of-way or a minimum of 100 feet from the end of the unopened right-of-way or stub out so as to allow for the routing and future extension of the street.
DIAGRAM 92.125(1): Underdeveloped Lots with New Structures and Required Improvements
(Ord. 24-16, passed 6-17-24)
ADMINISTRATION
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