A. Purpose and intent. The purpose of this section is to encourage landscaping throughout the City of Marion, hence protecting and enhancing public and private investments, economic and tourism opportunities, while providing multiple environmental benefits. The landscaping and buffering standards for new development, as defined in paragraph (C) set forth below, require landscaping along public rights-of-way, in parking lots, between residential districts and commercial or industrial districts and require screening of certain trash containers, in order to:
1. Improve the visual quality of the city and minimize potential negative impacts of developments such as noise, dust, glare of lights, parking lots, traffic, heat, overcrowding, and odor.
2. Provide environmental benefits such as climate modification, decreased energy consumption, reduced impervious surface area and storm water runoff, decreased erosion, improved water and air quality and protection of wildlife habitat.
3. Safeguard public and private property values and to protect public and private investment.
B. Definitions. The following words or terms have the meaning as herein defined:
Critical root zone. A circular area surrounding a tree, of which the center is the center of the tree trunk and the radius is the distance from the outside of the trunk to any point twelve (12) times the diameter at breast height (DBH), which points constitute the circumference of the critical root zone.
Diameter at breast height (DBH). The total cross-sectional diameter of the trunk(s) of a tree measured four and one-half (4.5) feet from the ground at the center of the tree.
Evergreen. A tree, shrub, or plant having foliage that persists and remains green throughout the year.
Groundcover. A prostrate plant growing less than two (2) feet in height at maturity that is grown for ornamental purposes. Groundcovers are used as an alternative to grasses. On slopes, groundcovers control erosion while eliminating the maintenance of mowing on hillsides. Many groundcovers survive in poor soils, shade and other adverse conditions.
Planting area. The area prepared for the purpose of accommodating the planting of trees, shrubs, and groundcovers.
Residential buffer yard. A row of trees or shrubs reaching a height of at least eight (8) feet in height so that property is screened visually from neighboring residential uses. Buffer strips shall be an evergreen species, or combination of evergreen species dense enough to provide visual screening from the ground level to the mature height of at least eight (8) feet.
Shrub. A woody plant, usually multi-stemmed or well branched from the base, the branches being retained to the ground. When used for buffer plantings, shrubs must also reach a mature height between four (4) and fifteen (15) feet.
Street buffer. A planting area or strip of land, extending inward from the curb, edge of street, or property line that runs parallel to a public street, and is designed to provide continuity of vegetation along the right-of-way and to soften the impact of development by providing a pleasing view from the road and a more comfortable pedestrian environment, while decreasing noise, dust, litter, glare of lights, and stormwater runoff from impervious surfaces.
Tree, large. A large tree growing to over forty (40) feet in height at maturity, usually deciduous, that is planted to provide a canopy cover for shade.
Tree, small. A small to medium ornamental tree, growing fifteen (15) feet to forty (40) feet in height at maturity, that is planted for aesthetic purposes such as colorful flowers, interesting bark, or fall foliage.
C. Landscape plan required. A landscape plan is required for:
1. Any new development in the B-1, C-1, C-2, M-1, or OI districts.
2. Any new development in the R-1 or R-2 district with the exception of single-family or multifamily developments with less than eight (8) units.
3. Renovations in the B-1, C-1, C-2, M-1 or OI districts with a total cost exceeding fifty (50) percent of the assessed value of the building, according to McDowell County tax records, within a twenty-four-month time period.
4. Expansions exceeding fifty (50) percent of the pre-expansion floor area or paved surface in the B- 1, C-1, C-2, M-1, or OI districts within a twenty-four-month time period.
5. Existing unpaved parking lots which are paved over or existing paved lots which are demolished and repaved.
D. Contents of landscape plan and approval process.
1. Applicants are advised to meet with the planning and development director prior to submitting a plan in order to discuss applicable landscape requirements, other ordinance requirements, and coordination with utility plans.
2. Whenever an application for a zoning permit and/or a building permit is submitted to the planning and development services department, a landscape plan shall be submitted if required by Sec. 3-4.7. Such plan shall be in sufficient detail to enable the planning and development director to determine whether or not such plan, when fully implemented, will comply with these landscaping requirements. The planning and development director shall review the plan and assure compliance with these requirements, and approve or deny the zoning permit accordingly.
3. A landscape plan shall be drawn to scale and shall contain the location of the streets, street rights- of-way, all existing and proposed structures, utilities, dumpster (trash container), street yards, planting areas, screening, vehicular parking areas with individual parking spaces identified, as well as location of existing and proposed plants and associated characteristics. Plants shall be identified on plan by species (common or scientific name,) size and age. Proposed date of planting shall also be noted on plan. The dimensions of the required street yard and planting areas shall be identified. The landscape plan may be incorporated into the site plan as outlined in Sec. 3-4.3.
4. Certificate of occupancy. The landscape shall be completely installed as indicated on the approved plan prior to the issuance of a certificate of compliance/ occupancy. A conditional certificate of occupancy may be issued by the building inspector for the temporary use and occupancy of a building, structure or land for a maximum period of one hundred eighty (180) days from the date of the issuance of such certificate whenever the landscaping requirements of the UDO are not complied with on time. If the landscaping indicated on approved plans is not completely installed within one hundred eighty (180) days, the conditional certificate of occupancy shall expire and further use of the property shall constitute an illegal use and occupancy of said property.
(Ord. No. O-21-06-15-5, §1, 6-15-21)