4.12. I-40 Overlay District.

   A.   Purpose and intent.

      1.   The Town Council finds that Garner is rich in natural scenic beauty along I-40 within its planning jurisdiction . The Town Council finds that the general welfare will be served by orderly development within the I-40 Overlay District in a fashion which would preserve natural scenic beauty and aesthetic character; promote design quality; and enhance trade, tourism, capital investment, and the general welfare along the thoroughfare. The Town Council therefore establishes these regulations in areas adjacent to I-40 to further those objectives while encouraging the orderly development of land within these corridors.

      2.   It is the intent of this section that as great a part of the tracts within the corridor as possible be left in an undisturbed or enhanced state of vegetation, and that sufficient areas of natural transitional buffer between uses remain so that the proposed use will be visually in harmony with the natural wooded character of the area. Removing or denuding natural forest vegetation along I-40 is prohibited except as provided in this section.

      3.   The I-40 Overlay District (O-40) is an overlay zone. The land use regulations applicable to the underlying zone remain in full force and effect except where superseded herein. Where there is a provision not expressed in the underlying zone, or where a provision hereof is in conflict with the underlying zone, the provision of the overlay ordinance shall be controlling.

   B.   Location of I-40 Overlay District. The district is located on either side of I-40 within the Garner zoning jurisdiction. The district shall extend from the right-of-way of the highway, on either side, and measured from the outside right-of-way line of the roadway at its farthest point, including access ramps and interchanges, a distance of 1,250 feet, as shown on the official zoning map maintained in the Planning Department. In cases where any portion of a building or parking area falls within the boundaries of the overlay district, these provisions shall apply to all of the building(s) and parking areas.

   C.   Permits required. Within the I-40 Overlay District, all developments for which a site plan or subdivisionplat approval is required pursuant to other provisions of this UDO are required to receive a special use permit issued by the Town Council prior to issuance of building permits.

   D.   Lot dimensional requirements. All dimensional requirements, including minimum lot area and minimum lot width requirements, are established in the underlying zones.

   E.   Maximum building height. No building shall exceed 150 feet above grade; other building height restrictions are governed by the setback from the right-of-way as set forth below.

   F.   Minimum building setback requirements. The required setback for yards not adjacent to the right-of-way of I-40 shall be as set forth in the underlying zone. The minimum building setbacks measured from the scenic corridor right-of-way, including access ramps and interchanges, shall be as follows:

      1.   For buildings up to 35 feet above grade, there shall be a minimum setback of 50 feet from the right-of-way.

      2.   For buildings extending up to 60 feet above grade, there shall be a minimum setback of 100 feet.

      3.   For buildings exceeding 60 feet above grade, there shall be an additional setback, measured beyond the initial 100 foot setback, consisting of two feet for each additional one foot in height up to the maximum height of 150 feet.

   G.   Buffering and screening. Buffering and screening are required. For purposes of this section, the term buffer means a horizontal distance measured perpendicular to the right-of-way. The term screen pertains to vertical distance (height) of plantings, fences, berms and other landscape features. Screens provide visual obstruction; buffers only provide the space in which screens are used.

      1.   Yards not adjacent to the right-of-way of I-40. Those portions of front, rear, side or corner side yards that are not adjacent to the I-40 50-foot buffer and are not devoted to the uses, buildings and structures that are permitted within this section shall provide screening and buffering consistent with this UDO while emphasizing their natural wooded state, and where required, shall provide landscaping, provided, however, a minimum of 50 feet of natural transitional buffer area or its planted equivalent shall be preserved on corner side lot lines within 200 feet from the intersection of the side road with I-40. Provided, further, however, that this subsection shall not apply to single-family residentialuses.

      2.   Yards adjacent to the right-of-way of I-40.

         a.   Development options within the 50-foot buffer. The 50-foot buffer adjacent to the right-of-way of I-40 shall be preserved or constructed in accordance with the following development options:

            (1)   A natural screen or its newly planted equivalent providing the percentage of visual obstruction required by this section, established and maintained by the owner. A landscape architect licensed in the state of NC shall determine the vegetative composition of the equivalent planting. Provided, however, that this subsection shall not apply to agricultural uses where the 50 feet adjacent to I-40 has been cleared prior to December 7, 1987.

            (2)   A natural water body or one specifically designed as a landscape feature adjacent to a low intensity use as defined herein.

            (3)   Other landscaping adjacent to a low intensity use as defined herein.

            (4)   Other improvements which themselves provide no visual obstruction, such as access roads, which meet the standards of paragraph P below and for which the Board of Adjustment grants a variance if the Board finds the proposed use will not result in a deviation from the letter of this section to any greater extent than is necessary to allow for reasonable development of the tract, provided that the site plan presented for the permit shall contain a condition that the developer install and maintain compensatory landscaping, screening or a combination thereof to meet the percentage of visual obstruction otherwise required in the 50-foot buffer area.

         b.   Development options in the front yard beyond the 50-foot buffer.

            (1)   The front yard is defined as that area between the special scenic corridor right-of-way and the area at which the principal building or buildings are constructed. The front yard includes the buffer and any additional area beyond the buffer as so defined.

            (2)   Development options within the front yard area beyond the buffer , provided the screening requirements in the buffer are met first, or that these options, combined with the screening provided in the buffer , satisfy the intent of this section, are as follows:

               (a)   Additional natural screening, water bodies and other landscaping as set forth in paragraph G.2.a., above, provided the same are adjacent to medium intensity uses or adjacent to low intensity uses .

               (b)   Other improvements, as set forth hereinafter which have significant impact on the visual quality of the corridor, but which reduce that impact to meet the intent of this section through the use of interior landscaping and screening consistent with this section as follows:

                  (i)   Landscaped vehicular surface (parking) areas;

                  (ii)   Access roads with street yards;

                  (iii)   Accessory buildings ;

                  (iv)   Outdoor storage and/or display;

                  (v)   Loading areas;

                  (vi)   Utility service areas;

                  (vii)   Boundary fences, gates and security stations.

         c.   Additional screening, buffering and landscaping requirements, by intensity of use, in any front yard. Generally, the objective of these regulations is to provide a denser screening, landscaping or a combination thereof for more intense uses of land between the special highway and the principal improvements consistent with the purposes of this section and as described herein be high intensity, medium intensity, and low intensity uses.

      3.   High intensity uses. For purposes of this section, high intensity uses include outdoor operation (loading or assembly areas), outdoor storage, and operation utility service areas, and similar uses. All such high intensity uses not screened by an intervening building shall be completely screened (100 percent visual obstruction) from view from the right-of-way of I-40 except for necessary access in the following manner:

         a.   A continuous screen of evergreen plant material and/or berm that reaches at least ten to 12 feet high within three years is required. This screen may be placed on either side of a public access road , provided the screen blocks visual penetration throughout all seasons of the year.

         b.   Beyond the initial three year height requirement, all required trees newly planted in the buffer must have an expected mature height of at least 35 feet or greater, unless subject to an overhead power line in which case the mature height may be within a range of 8 to 15 feet.

         c.   Alternative screening for utility service areas may be accomplished by locally adapted planting (evergreen or deciduous) which are a minimum of 18 inches tall when planted and are expected to reach height and width equal to or greater than the utility service structures which are required to be screened. Screening for utility service areas in the right-of-way are to be installed by the utility company or person who installed the service; in all other instances, the property owner shall install the plantings.

      4.   Medium intensity uses. For purposes of this section, medium intensity uses include vehicular surface parking areas in the front yard space adjacent to the right-of-way of I-40. Where such uses are proposed, the screening standards set forth herein apply and are designed to modify and reduce the deleterious visual, environmental and aesthetic effects of existing and proposed vehicular surface areas. Among other purposes, they are designed to modify the appearance of parking areas and vehicular surface areas, to encourage the construction of such necessary areas in a manner that more closely follows the existing natural contours of the land; to distribute planting areas around and within the parking area; and to break the visual blight created by large expanses of vehicular surface areas. The screening requirements are as follows:

         a.   An intermittent screen of mixed deciduous and/or evergreen plant material in the buffer at least ten to 12 feet high within three years, so as to achieve a 50 percent visual obstruction of the development , plus internal vehicular surface area landscaping according to the standards of paragraph P below.

         b.   Within the intermittent screen, beyond the initial three year height requirement, all required trees newly planted in the buffer or in the surface parking area must have an expected mature height of at least 35 feet or greater. For deciduous trees, a mature crown spread of at least 30 feet or greater is required unless subject to an overhead power line in which case the mature height may be within a range of 8 to 15 feet.

      5.   Low intensity uses. For purposes of this section, low intensity uses refer to instances where there is only grass or landscaping (including a water body designed as a landscape feature) in the front yard space between the building and the right-of-way of I-40. The screening requirement is an intermittent screen of mixed deciduous and/or evergreen plant material in the buffer at least ten to 12 feet high within three years, or landscaping provided according to an approved plan, which achieves up to 25 percent visual obstruction of the development.

   H.   Land disturbing activities.

      1.   Unless qualifying under development options set forth in subsection G.2.a.(1) through (3) above, no clearing of vegetation shall be allowed for any purpose, including agriculture and timber harvesting, within the 50-foot buffer adjacent to the right-of-way of I-40 regardless of whether land use permits are required under this UDO. Limited underbrush thinning is permitted for purposes of maintaining or enhancing public safety.

      2.   Subject only to Article 9, Nonconformities, any expansion of existing land uses involving frontage on the special highway shall comply with this section.

         a.   Site plans submitted under this section shall show a construction limit line delineating the buffer area existing prior to commencing construction .

         b.   No construction , and only selective thinning of underbrush are permitted in the buffer . No clearance of the existing vegetation within the delineated buffer area is allowed until after construction on the parcel is completed. Any cutting or clearance before completion of construction shall be subject to a fine of $5.00 per square yard of area in the protected buffer that has been prematurely denuded.

         c.   Upon completion of construction , if an approved screening/landscaping plan has not already been approved, such plan shall be submitted at that time indicating how the screening/landscaping objectives of this section are to be achieved, with particular regard to the delineated buffer .

         d.   Any screening/landscaping plan submitted after construction is completed shall be consistent with this UDO, be complete, and receive the approval of the Town Council.

   I.   Sign regulations. See Article 7.

   J.   Restricted uses.

      1.   The following uses are permitted only if site plans are approved which assure (i.e. condition) that these uses will have no visible outdoor storage or operations adjacent to the special highway:

         a.   Truck service centers (truck stops);

         b.   Car and truck dealerships;

         c.   Uses with storage for retail such as lumber yards, heavy equipment dealers, and similar uses .

      2.   Such site plans shall indicate that all outdoor storage and operation will be located in the yard space farthest away from the special highway and on the far side of the principal buildings .

      3.   Outdoor display (as differentiated from outdoor storage ) shall consist of only a sampling of wares sufficient to convey what is sold and is permitted in SB and I-2 zones on a limited basis in accordance with the approved site plan.

   K.   Prohibited uses. The following uses are prohibited:

      1.   Truck terminals;

      2.   Mobile home parks and subdivisions ;

      3.   Mobile home sales lots ;

      4.   Scrap material salvage yards, junkyards, automobile graveyards;

      5.   Sanitary (reclamation) landfill ;

      6.   Body shops;

      7.   Storage of radioactive or otherwise hazardous wastes;

      8.   Outside kennels ;

      9.   Drive-in theaters;

      10.   Golf driving ranges;

      11.   Water slides;

      12.   Self-serve car washes;

      13.   Solar farms .

   L.   Access points.

      1.   For lots having more than 500 feet of frontage on an access or frontage road , points of ingress and egress shall be no closer than 500 linear feet.

      2.   For lots having less than 500 feet of frontage onto an access or frontage road , only one point of ingress or egress shall be allowed. Whenever possible, a minimum distance of 200 feet must be maintained between points of ingress and egress.

      3.   Ingress to and egress from a lot shall be prohibited within 200 feet of the intersection of a special highway.

   M.   Parking. See underlying zone (land use category). Also, parking areas shall be paved with dust-free, all-weather surface, and shall be properly drained and landscaped. The number of spaces required may be reduced in order to accommodate landscaping required by this section.

   N.   Industrial performance standards. All outdoor lighting shall be shielded in such a manner that no direct glare from the light source can be seen from the special highway.

   O.   Regulations for screening, buffering, and landscaping in special districts. The regulations set forth herein apply within the I-40 Overlay District and elsewhere as specifically enacted now or hereafter by the Town Council.

      1.   Street yard width and planting requirements.

         a.   Any nonresidential use of land (including vehicular surface areas ) established after the effective date of this section shall provide a street yard along any existing or proposed public street right-of-way adjacent to or adjoining the property except for those portions of the lot used for driveways or buffers planted in accordance with this UDO. The street yard shall be contiguous with the right-of-way.

         b.   The total square feet area of the street yard shall be at least equal to five times the length in feet of frontage adjoining the public right- of-way (i.e., have a minimum of five feet in width).

         c.   The minimum dimension of any street yard used to satisfy this section shall be measured perpendicular to the recorded public street right-of-way.

         d.   The street yard shall contain at least one natural tree for every 50 linear feet of street yard or fraction thereof as measured from the corners of the property, and shall be located so that at least one natural tree is within every 75 linear feet of street yard or fraction thereof and shall be planted at least ten feet from any tree on the right-of-way; but along street yards for display areas, the spacing of trees may be one natural tree every 150 linear feet of the street yard or fraction thereof.

         e.   The street yard shall contain natural trees, either existing or planted, of at least eight feet in height and six and one-quarter inches in circumference (two inches in diameter) measured at one-half foot above grade.

         f.   All required trees in the street yard must be a locally adapted species with an expected mature height of 35 feet or greater and an expected mature crown spread of at least 30 feet or greater, unless subject to an overhead power line in which case the mature height may be within a range of 8 to 15 feet.

         g.   This yard shall be landscaped and be properly maintained by the owner and shall have live vegetation, groundcover, grass, trees, shrubs, and may, unless otherwise prohibited, include fences or walls, screening for loading, utility, and display areas, and plantings for vehicular surface areas . All fences must conform to the requirements of this UDO. No more than 15 percent of this required protective yard shall be covered with an impervious surface which may be used without limitation for walkways, fountains or walls, but not vehicular surface, storage, utility service, display, or loading areas.

      2.   Interior screening and landscaping standards.

         a.   These regulations shall apply to any vehicular surface area or portions thereof built after the adoption of this section, and to pre-existing vehicular surface area when there are additions or expansions which singularly or collectively exceed 25 percent of the land area or gross building floor areas existing at the time this section becomes applicable to the property. These requirements are for all vehicular surface areas , required or otherwise, regardless of the zoning district where they are located.

         b.   Landscaped planting areas shall be provided and maintained within the interior of the vehicular surface area and adjacent thereto.

         c.   Each planting area shall contain a minimum of 300 square feet in area with minimum dimensions of seven feet and, except for vehicular display areas for which trees are not required, shall contain at least one naturally locally adapted shade tree a minimum of six and one-quarter inches in circumference (two inches in diameter) measured one-half foot above grade with a minimum height of eight feet.

         d.   Trees shall be required at the minimum rate of one natural shade tree for every 2,000 square feet of total vehicular surface. All vehicular areas located serving one or more businesses or uses of land or share unified ingress and egress shall be considered as a single vehicular surface area for the purpose of computing the required rate of trees, notwithstanding ownership.

         e.   Shade trees as used herein means any tree, evergreen or deciduous, whose mature height of its species can be expected to exceed 35 feet and which has an expected crown spread of 30 feet or more, or is considered a shade tree in accordance with American Standards of Nursery Stock, set forth by the American Association of Nurserymen. The shade tree, existing or planted, shall be at least eight feet in height and six and one-quarter inches in circumference (two inches in diameter) measured at one-half foot above grade for new planted trees and measured at four and one-half feet above grade for existing trees.

         f.   Landscaped planting areas are to be located within or adjacent to the parking area as tree islands, at the end of parking bays, inside seven-foot wide or greater medians, or between rows of cars or as part of continuous street or transitional protective yards. The number, size and shape of landscaped planting area shall be at the discretion of the owner; however, no vehicular parking space shall be separated from a shade tree by an intervening building and be located farther than 50 feet from the tree trunk of a shade tree planting area with one tree, or 75 feet from the tree trunk of a planting area with two or more shade trees (existing or planted) provided that any landscaped planting area has a minimum of 300 square feet of continuous growing area for each tree therein.

         g.   Landscaped planting areas shall be distributed in a manner which fulfills the purposes of this section.

         h.   For vehicular display areas which are not required to have trees, measurements shall be made from the edge of the landscaped planting areas, and no stored vehicle shall be farther than 50 feet from the edge of any landscaped planting area without a tree.

         i.   The number of off-streetparking spaces required in this UDO may be reduced by the following ratio: The square footage of required landscaped planting area divided by 150, but no fraction thereof, provided that no reduction in the number of off-streetparking spaces authorized by this section in excess of ten percent shall occur without the prior approval of the Town Council which shall first determine if further reductions will cause on-street parking congestion.

         j.   Any vehicular surface area shall be provided with landscape areas containing shrubs. Shrubs shall attain a minimum size of 30 inches high within three years of planting. All shrubs shall be a minimum of 18 inches tall when planted and there shall be no gaps between required shrubs greater than ten feet. No more than 40 of the required shrubs may be deciduous. Shrubs shall be required at a rate of one shrub per 500 total feet of vehicular surface area .

         k.   Earthen berms may be provided or the ground sloped. Any berms used to comply with this section shall have a minimum height of one and one-half feet and a minimum crown width of two feet and a total minimum width of seven feet and shall be planted with a locally adapted species of shrubs which conform to the first paragraph herein. However, shrubs planted on berms may have a lesser height provided that the combined height of the berm and the plantings after three years is at least 30 inches high.

(Ord. No. 3558, § 2, 7-7-09; Ord. No. 3780, § 3, 7-7-15; Ord., 3-16-21)