A. Outside Public Street Rights-of-Way.
1. Except for street trees, required landscaping material shall not be located within a street right-of-way.
2. Where provided, street trees shall be configured in accordance with Section 5.6.13, Street Trees.
B. Grouping of Plant Material.
1. Except for street trees, streetscape buffers, shrubs around the perimeter of a parking lot, shrubs along a primary or front facade foundation, or when vegetation is included as a screening device in accordance with Section 5.10, Screening, required plant material may generally be grouped or clustered, provided the overall screening objective in these standards is adequately addressed.
2. Street trees shall maintain on-center spacing requirements in Section 5.6.13, Street Trees.
3. Streetscape buffers shall maintain the on-center spacing requirements in Section 5.6.12, Streetscape Buffers.
4. Shrubs intended to screen building foundations from view from the public realm shall not exceed the maximum on-center spacing in Section 5.6.11, Foundation Plantings.
5. Shrubs intended to screen features in accordance with Section 5.10, Screening, may not be grouped if such grouping results in the failure to meet the minimum screening standards of this Ordinance.
C. Multiple-Lot Development. A multiple-lot development is not required to provide perimeter buffers along lot lines internal to the development, but the perimeter of the development shall be subject to the standards in Section 5.6.10, Perimeter Buffers.
D. Easements.
1. Trees and shrubs may be located within a required easement on a case-by-case basis with the permission of the easement holder.
2. When landscaping is within an easement, the landowner is responsible for replacement of any required vegetation if maintenance or other actions result in its removal.
3. When landscaping is planted in a drainage easement, it shall not impact the easement design or impede the flow of water through the easement.
4. Where an easement and a required landscape area coincide and there is a prohibition on planting within the easement, then the required landscaping area shall be located outside the easement.
E. Setback Smaller than Required Landscaping Area. In cases where a required setback is smaller or more narrow than a required landscaping area, the landscaping area width or size shall not be reduced except as authorized by any of the following:
1. An alternative landscape plan;
2. An administrative adjustment;
3. A conditional rezoning approval;
4. An approved planned development master plan; or
5. A sustainable development incentive.
F. Fire Protection System. Minimum clear separation distances required by the current adopted version of the North Carolina Fire Code shall be maintained for landscaping near a fire protection system.
G. Landscaping in Bio-Retention Cells. Trees and shrubs used in bio-retention cells or rain gardens located in parking lots or within landscape yards may be counted toward tree or shrub requirements of this Ordinance, provided they meet the minimum specifications in Section 5.6.6: Plant Material Specifications.
H. Permitted Encroachments.
1. The following features may be located entirely within required landscaping areas, provided the screening function of the landscaping is maintained and provided any encroachments into a required setback are in accordance with Table 9.3.5: Allowable Encroachment into Required Setbacks:
a. Principal buildings, provided the minimum setbacks of the zoning district where located, are maintained;
b. Landscaping features such as, ornamental pools, planting boxes, sculpture, arbors, trellises, and birdbaths;
c. Pet shelters, well houses, and mechanical enclosures;
d. On-grade patios, steps, benches, outdoor fireplaces, playground equipment serving an individual dwelling unit, accessibility ramps, roof overhangs, and fire escapes;
e. Ornamental entry columns, gates, fences, walls, and retaining walls;
f. Flagpoles of 30 feet in height or less;
g. Lamp and address posts;
h. Utility cabinets of four feet in height or less;
i. Mailboxes; and
j. Signage.
2. The following features may cross a required landscaping area in a manner that minimizes the impact to the required landscaping:
a. Driveways, sidewalks, pedestrian walkways, greenways, or multi-use trails;
b. Utilities; and
c. Stormwater management facilities.
I. Prohibited Features. The following features shall not be located within a required landscaping area:
1. An accessory structure or open air use;
2. Off-street parking or loading areas; or
3. Outdoor storage or display of products for sale.
(Ord. 2020-36, passed 12-2-2019)