(A) Property that does not comply with the requirements contained in this article shall meet the provisions of this section.
(B) When there is noncompliance with the vegetation standards and requirements of this article, and when an applicant files the necessary forms for a building permit and/or change of use permit, one of the three following situations shall apply:
(1) The provisions of this article are not applicable when:
(a) There is a change of land use where the new land use is of the same or lower land use classification;
(b) Building expansion(s) are proposed which constitute less than a 20% expansion in lot coverage;
(c) Parking area and/or drive expansion(s) are proposed which constitute less than a 20% expansion in impervious surface areas;
(d) Building and parking area and/or drive expansion(s) are proposed which collectively constitute less than a 50% expansion in existing impervious area and lot coverage combined; and
(e) The valuation of any proposed building construction, including repairs, renovations and/or expansions, is less than or equal to 50% of the current tax valuation of all on-site building improvements as listed on the Pitt County tax record. The valuation of proposed construction shall be based on applicable building permit application data.
(f) Complete demolitions and reconstructions invoke full compliance with vegetation requirements.
(2) Vegetation improvements will be required in accordance with subsection (C) below when:
(a) There is a change in land use where the new land use is of a higher land use classification;
(b) Building expansion(s) are proposed which constitute a 50% or more expansion in lot coverage;
(c) Parking area and/or drive expansion(s) are proposed which constitute a 50% or more expansion in impervious surface areas;
(d) Building and parking area and/or drive expansion(s) are proposed which collectively constitute a 50% or more expansion in existing impervious area and existing lot coverage combined; or
(e) The valuation of any proposed building construction, including repairs, renovations and/or expansions, exceeds 50% of the current tax valuation of all on-site building improvements as listed on the Pitt County tax record. The valuation of proposed construction shall be based on applicable building permit application data.
(3) Street trees and parking screening shall be required in accordance with subsection (C) below when building expansions or parking and/or drive expansion or a combination of both which constitute an expansion between 20% to 50% of existing lot coverage and/or impervious area.
(C) When vegetation improvements are required based on subsection (B)(2) and/or (B)(3) above the following shall apply:
(1) Screening vegetation requirements (Bufferyards C, D, E and F).
(a) Where all of the minimum bufferyard width is available, all required screening vegetation shall be installed.
(b) Where less than 100% of the minimum standard bufferyard width is available, a fence, evergreen hedge or berm meeting the requirements of section 9-4-119, Article G of this chapter, shall be installed and all required screening vegetation shall be installed except as further provided.
(c) Where less than 100% of the minimum reduced width bufferyard is available, a percentage of each required material (small trees, large trees, shrubs) equal to the percentage of the reduced bufferyard width available shall be installed within such areas.
(d) Where less than six feet of bufferyard width is available, small trees may be substituted for large trees on a one-for-one basis.
(e) Where less than three feet of bufferyard width is available, shrubs may be substituted for small trees on a one-for-one basis.
(f) Where less than two feet of bufferyard width is available, ground cover may be substituted for shrubs.
(2) Site vegetation requirements.
(a) All required site vegetation shall be installed.
(b) The provisions of this section shall not be deemed to require the removal of existing structures, buildings, mechanical equipment, lighting or any existing impervious areas.
(c) The intent of this section shall be to require the installation of required vegetation, to the greatest extent possible, in all available open space areas existing at the time of site plan application. All required vegetation materials shall be planned for installation prior to the location or expansion of any new impervious area or building.
(d) This section shall apply to street yard vegetation as part of the site vegetation requirement.
(3) Parking lot and drive area vegetation requirements.
(a) All required parking lot and drive area vegetation shall be provided in accordance with section 9-4-268(L) of this article.
(b) The provisions of this section shall not be deemed to require the removal of existing structures, buildings, mechanical equipment, and lighting or any existing impervious areas.
(c) The intent of this section shall be to require the installation of all required parking lot and drive area vegetation to the greatest extent possible, in all available open space areas existing at the time of site plan application. All required vegetation materials shall be planned for installation prior to the location or expansion of any new impervious area or building.
(Ord. No. 95-112, § 1, passed 10-9-1995; Ord. No. 98-144, § 14, passed 11-12-1998; Ord. No. 18-037, § 1, passed 6-14-2018)