Article 6.2 Landscaping and Screening

To screen or buffer incompatible uses in order to minimize the harmful impact of noise, dust and other debris, artificial light intrusion, and other objectionable activities or impact conducted or created by adjoining or nearby uses;

To reduce the harmful effect of heat and noise and the glare of motor vehicle lights;

To help preserve underground water reservoirs, to permit the return of precipitation to the groundwater strata and otherwise act as a natural drainage system to improve stormwater drainage problems, prevent soil erosion and help meet the requirements of state stormwater regulations;

To provide shade and to prevent the blighting appearance of unkempt parking lots; and

To promote compatibility among new and older development, accentuate traditional qualities and patterns of development, and expand the tree canopy in the Town.

§ 120-6.2.3 Landscaping requirements.

[Amended 1-28-2019 by Ord. No. 1.14.2019.A]

Landscape plan.

A landscaping plan shall be submitted for approval by the Planning Commission as part of every Category 1 site plan. A landscaping plan may be required in certain cases as determined by the Planning Commission or Zoning Administrator for Category 2 development.

If deemed necessary the Planning Commission may require a review of the plan by a professional landscape architect/designer. All fees incurred will be paid for by the applicant.

Content of landscape plan. A landscaping plan shall include dimensions and distances and clearly delineate all buildings and existing and proposed parking spaces or other vehicle areas, access aisles, driveways, and the location, size, species, and description of all landscaping materials to be used; preference shall be given to native species as set forth in the Town Planting Guide.[1]

[1]

Editor's Note: See Appendix A, Guide for Landscaping, included as attachment to this chapter.

Perimeter parking lot landscaping. All off-street parking lots, whether or not located on the same lot as the use to which it is accessory, containing 10 or more parking spaces shall meet the following perimeter landscaping requirements:

Property line landscape area between adjacent land uses shall be provided in accordance with the requirements set forth in this article.

Any parking lot that is adjacent to a road, public right-of-way, or residential district shall provide a landscaping area width based upon the following right-of-way width:

Sixty feet wide or less: ten-foot minimum landscape area width.

More than 60 feet wide: fifteen-foot minimum landscape area width.

Where the pavement width of the parking lot exceeds 60 feet, the landscape area adjacent to a road or public right-of-way shall be increased by five feet for every additional 60 feet of parking lot width perpendicular to the right-of-way as indicated in the following table:

[Amended 5-22-2023 by Ord. No. 2023-003]

Parking Lot Width (feet)	Required Landscape Area Width (feet)
45 to 60	10
61 to 120	15
121 to 180	20
181 to 240	25
241 to 300	30
301 to 360	35
361 or greater	40

Each landscape area adjacent to a street, right-of-way, or residential district shall contain a minimum of one tree per 40 feet of landscape area parallel to the right-of-way or residential district or more than one tree per 40 feet when deemed appropriate by the Zoning Authority due to the location, size, configuration, or topographic condition of the lot. In addition, a vegetative screen, landscaped berm, wall, masonry wall, or other methods to reduce the visual impact of the parking area shall be provided. The vegetative screen shall have an average continuous height of four feet and be permanent, for example evergreen.

Grass or ground cover shall be planted on all portions of the landscaped area not occupied by other landscape material.

(6)

Special notes on existing natural vegetation:

In all cases where significant natural vegetation exists, as determined by the Planning Commission, there will be limits of clearing/grading areas established to protect and preserve these natural areas. These natural areas will not be disturbed by the installation of any structures, utilities, storm and sanitary sewers, water lines, sediment and erosion control traps, stormwater management systems, or signage. Existing landscape material which is proposed to be used to fulfill landscape requirements shall be shown in the required plan.

In the case where buffers are created by the application of these standards, no structures will be permitted.

Where pedestrian and bike paths are proposed in the landscape area, such paths shall be meandering in order to preserve the existing trees.

(7)

Trees required as a part of the parking lot, street, or right-of-way landscaping may be placed on the right-of-way adjoining such vehicular use area when approved by the Planning Commission. Such trees shall be in addition to any street trees required by any development and/or subdivision regulations.

(8)

The required landscape area for parking areas may be combined with a utility or other easement only if all landscape requirements can be met. Otherwise, the landscape area shall be in addition to, and separate from, any easement.

(9)

In any parking lot perimeter landscaping area all trees shall be set back at least four feet from the edge of paving where vehicles overhang.

Illustration 3 - Depicting interior landscaping with staggered trees on parking aisles and pedestrian walkway.

Internal landscaping of parking lot.

For any parking lot containing more than 6,000 square feet of area or 15 or more spaces, interior landscaping shall be provided in addition to the previously required perimeter landscaping. Interior landscaping shall be contained in peninsulas or islands. An interior parking lot landscape island or peninsula is defined as a landscaped area containing a minimum area of 153 square feet having a minimum width of 8.5 feet and a minimum length of 18 feet. There shall be a minimum of four feet to all trees from the edge of paving where vehicles overhang. The minimum landscape area permitted shall be 10% of the parking area; except as required for stormwater management, each island or peninsula shall be enclosed by appropriate curbing or a similar device at least six inches wide and six inches in height above the paving surface.

Where a parking area is altered or expanded to increase the size to 3,000 or more square feet of area or 15 or more vehicular parking spaces, interior landscaping for the entire parking area shall be provided and not merely to the extent of its alteration or expansion.

Landscape area. For each 100 square feet, or less, of vehicular use area, five square feet of landscaped area shall be provided. The interior landscaping requirement shall be computed on the basis of the net parking facility. For the purposes of this section, "net parking facility" shall include parking stalls, access drives, aisles, walkways, dead spaces, and required separations from structures, but shall not include required street setbacks or access driveways or walkways within such setbacks.

Landscape islands or peninsulas; number required:

For fewer than 100 spaces, one island or peninsula is required for every seven parking spaces.

For 100 spaces or more, one island or peninsula is required for every 10 spaces.

Each 10 parking spaces shall require an interior planting island.

All interior parking aisles shall contain at least two landscape islands. Adjoining aisles islands shall be staggered to present a random, natural appearance. Refer to Appendix A, Illustration 2.[2]

[2]

Editor's Note: Appendix A is included as an attachment to this chapter.

In order to encourage the required landscape areas to be properly dispensed, no required landscape area shall be larger than the following:

In parking areas under 30,000 square feet: 350 square feet.

In parking areas over 30,000 square feet: 1,500 square feet.

Landscape areas larger than the above are permitted as long as the additional area is in excess of the required minimum, except that landscape areas larger than the maximum permitted may be allowed as required landscaping areas in those cases where significant natural vegetation exists.

A minimum of one large shade tree shall be required for each 250 square feet of required landscape area. The remaining area of the required landscaped area shall be landscaped with shrubs or ground cover not to exceed two feet in height, or grass.

Alternative parking area landscaping design may be considered by the permitting officials in cases where unique topography and site constraints dictate such alternative. The innovative use of planting design and materials is encouraged and will be evaluated on the intent demonstrated to fulfill the stated objectives of this chapter.

(6)

Any parking lot of 25 or more spaces shall be internally landscaped with shade trees. Shade trees shall be planted in planting areas. Planting areas which shall comprise at least 10% of the internal area of the parking lot and shade trees shall be installed such that no parking space is located more than 60 feet from a parking lot shade tree. Planting areas should be wide enough to allow for the mature growth of the tree chosen.

Landscaping for stormwater management. Landscaping in relation to parking lots may be used for stormwater management provided the requirements of this section are met.

Landscaping for service structures. When located in the General Commercial or Marine Commercial Zone, all service structures shall be fully screened when located within 100 feet of any zone other than General Commercial or Marine Commercial. For the purposes of this article, service structures shall include propane tanks, dumpsters, air-conditioning units and condensers, electrical transformers and other equipment or elements providing service to a building or a site.

A continuous planting, hedge, wall, masonry wall, or earth mound shall enclose any service structure or loading zone on all sides unless such structure must be frequently moved, in which case screening on all but one side is required. The average height of the screening material shall be one foot more than the height of the enclosed structure, but shall not be required to exceed eight feet in height. Whenever a service structure is located next to a building wall, perimeter landscaping material, or vehicular use area landscaping material, such walls or screening material may fulfill the screening requirement for that side of the service structure if that wall or screening material is of an average height sufficient to meet the height requirement set out in this section. No interior landscaping shall be required within an area screened for service structures.

Protection of screening material. Whenever screening material is placed around any trash disposal unit or waste collection unit that is emptied or removed mechanically on a regular basis, a fixed barrier to contain the placement of the container shall be provided within the screening material on those sides where there is such material. The barrier shall be at least 18 inches from the material and shall be of sufficient strength to prevent possible damage to the screening when the container is moved or emptied. The minimum front opening of the screening material shall be 12 feet to allow service vehicles access to the container.

Building wall yard planting. A planting area shall be established along any building wall facing an adjacent off-street parking lot or right-of-way. Shade trees, ornamental trees, and shrubs shall be planted in this planting area to aesthetically enhance the appearance of buildings and provide shade according to the following minimum standard: one shade tree for every 40 feet of wall yard length and one ornamental tree for every 30 feet of wall yard length.

Required planting material. In meeting the requirements of this chapter, only those plants listed on the Town's Recommended Plant and Landscape Guidelines, which shall be maintained by the Zoning Administrator, shall be used.

Maintenance.

All plant material shall be tended and maintained in a healthy growing condition, replaced when necessary and kept free of refuse and debris. Walls shall be maintained in good repair.

The owner shall be responsible for the maintenance, repair and replacement of all landscaping and screening materials as may be required by the provisions of this section.

§ 120-6.2.5 Screening, bufferyards and shading.

Failure to maintain required landscaping, or to adhere to an approved landscaping plan, shall constitute a zoning violation subject to the remedies set forth in this chapter.

§ 120-6.2.4 Waiver or modification.

Provided that the Planning Commission establishes findings of fact that a modification will not have any detrimental effect on existing or planned development of adjacent properties, it may approve a waiver or modification of the requirements of this article. Such waiver or modification may be approved in the following instances: for an interim use of a duration of less than two years, or where deemed appropriate due to the location, size, configuration or topographic condition of the lot, provided the Planning Commission finds that the purposes of this article will be met.

Buffers.

Purpose.

One of zoning's most important functions is the division of land uses into districts which have similar character and contain compatible uses. All uses permitted in any district have generally similar nuisance characteristics. Bufferyards will operate to minimize the negative impact of any future use on neighboring uses.

The bufferyard is a combination of setback and a visual buffer or barrier and is a yard or area together with the planting required thereon. Both the amount of land and the type and amount of planting specified for each bufferyard requirement of this chapter are specified and are designed to reduce nuisances between adjacent zoning districts to ensure a desired character along public streets and roads. The planting units required of bufferyards have been calculated to ensure that they do, in fact, function as buffers.

Bufferyards shall be required to separate different zoning districts 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. Mature woodlands are considered the best buffers and should be used whenever possible.

Bufferyards shall be required to minimize the impact of satellite parking on all adjacent properties.

Location of bufferyards. Bufferyards shall be located on the outer perimeter of a lot or parcel, extending to the lot or parcel boundary line. Bufferyards shall not be located on any portion of an existing or dedicated public or private street or right-of-way. Bufferyards shall not be located within a yard required in a single-family attached (townhouse) development or planned unit development.

Determination of required bufferyard. To determine the type of bufferyard required on a parcel or between two parcels or between a parcel and a street, the following procedure shall be used:

Identify whether any portion or property line of the site constitutes a zoning district boundary. If it does, determine the zoning on both sides of the property.

Determine whether the land on the adjoining property is vacant or developed or whether a plat of the subdivision has been approved.

Classify any street adjacent to the proposed use as a local, collector, or arterial street.

Determine the bufferyard required on each boundary (or segment thereof) of the subject parcel by referring to the tables of required bufferyards.

(e)

Determine if the proposed development is a use which has bufferyards required to separate that use from certain uses. Then determine the bufferyard required between such uses by referring to the tables of required bufferyards.

Responsibility for bufferyards.

When a proposed use adjoins a vacant parcel for which a bufferyard is required by the presence of a zoning boundary, that use shall at the time of development provide half of the buffer which is required by the tables of required bufferyards.

The second use to develop shall, at the time it develops, provide all additional plant material and/or land necessary to provide the total bufferyard required between those two uses. If the adjoining use had developed without a bufferyard, the second use will be responsible for installing the total bufferyard.

Existing plant material and/or land located on the preexisting (first developed) land use which meets the requirements of this chapter may be counted as contributing to the total bufferyard required between it and the second (adjacent) land use to develop.

Tables of required bufferyards.

Required Bufferyards Between Adjacent Zoning Districts
Zone	RC	TND	V-1	V-2	MC	GC
RC	—	B	B	B	C	E
TND	B	C	B	B	C	E
V-1	B	B	B	—	C	D
V-2	B	B	—	B	C	D
MC	D	D	C	C	B	C
GC	E	E	D	D	C	—

Required Street Buffers	Functional Classification
Zoning Districts	Arterial	Collector	Local
TND, RC	D	C	B
V-1, V-2	B	B	B
MC, GC	C	C	C

(6)

Bufferyard requirements. Illustrations graphically indicating the specification of each bufferyard are contained in Appendix B.[1]

[1]

Editor's Note: Appendix B is included as an attachment to this chapter.

(7)

Bufferyard use.

A bufferyard may be used for passive recreation or stormwater management. It may contain pedestrian, bike, or equestrian trails, provided that no plant material is eliminated, the total width of the bufferyard is maintained, and all other regulations of this chapter are met. In no event, however, shall swimming pools, tennis courts or other such uses be permitted in bufferyards.

The Planning Commission may allow substitution or reduction of the bufferyard if it finds that the required bufferyard will obstruct the view of a driver or that the bufferyard is incompatible with the existing streetscape.

(8)

Ownership of bufferyards. Bufferyards may remain in the ownership of the original developer (and assigns) of a land use, or they may be subjected to deed restrictions and subsequently be freely conveyed, or they may be transferred to any consenting grantees, such as adjoining landowners, the Town of Chesapeake City, or a homeowners' association, provided that any such conveyance adequately guarantees the protection of the bufferyards for the purposes of this chapter. Final ownership shall be specified and approved by the Planning Commission.

(9)

Bufferyards which exceed minimum requirements. Where the bufferyards required between a land use and vacant land turn out to be greater than that bufferyard which is required between the first use and the subsequently developed use, the following options apply:

The subsequent use may provide half of the buffer required by this section. The existing use may expand its use into the original buffer area, provided that the resulting total bufferyard between the two uses meets the bufferyard requirements of this section.

The existing use may enter into agreements with abutting landowners to use its existing buffer to provide some or all of the required bufferyard of both land uses. The total buffer shall equal the requirements of this section. Provided that such an agreement can be negotiated, the initial use may provide the second use some or all of its required bufferyard and/or extra land on which it might develop. The existing use may reduce its excess buffer by transferring part or all of the excess buffer to the adjoining landowner to serve as its buffer. Any remaining excess buffer area may be used by the existing use for expansion of that use or for transfer by it to the adjoining landowner to expand that adjoining use.

(10)

Contractual reduction of bufferyards. When a land use is proposed adjacent to vacant land, and the owner of that vacant land enters into a contractual relationship with the owner of the land that is to be developed first, a reduced buffer may be provided by that first use, provided that the contract contains a statement by the owner of the vacant land of an intent to develop at no greater than a specified land use intensity class, and an agreement by the owner of the land that is to be developed first to assume all responsibility for additional buffer, if needed by the subsequent development of a less intense use than had been agreed upon, is transferred to the owner of the vacant (second in time to be developed) land.

[Amended 5-22-2023 by Ord. No. 2023-003]

Shading.

Town findings and declaration of policy: shade trees.

The Town finds that:

[1]

Trees are proven producers of oxygen, a necessary element for human survival;

[2]

Trees appreciably reduce the ever increasing environmentally dangerous carbon dioxide content of the air and play a vital role in purifying the air we breathe;

[3]

Trees transpire considerable amounts of water each day and thereby purify the air much like the air-washer devices used on commercial air-conditioning systems;

[4]

Trees have an important role in neutralizing wastewater passing through the ground from the surface to groundwater tables and lower aquifers;

[5]

Trees, through their root systems, stabilize the groundwater tables and play an important and effective part in soil conservation, erosion control, and flood control;

[6]

Trees are an invaluable physical, aesthetic, and psychological counterpoint to the urban setting, making urban life more comfortable by providing shade and cooling the air and land, reducing noise levels and glare, and breaking the monotony of human developments on the land, particularly parking areas; and

[7]

For the reasons indicated herein, trees have an important impact on the desirability of land and therefore on property values.

Based upon the findings set forth in Subsection B(1)(a), the Town declares that it is not only desirable but essential to the health, safety, and welfare of all persons living or working within the Town's planning jurisdiction to protect certain existing trees and, under the circumstances set forth in this article, to require the planting of new trees in certain types of developments.

Required trees along dedicated streets. Along both sides of all newly created streets that are constructed in accordance with the Chesapeake City street standards, the developer shall at a minimum either plant or retain sufficient trees so that between the paved portion of the street and a line running parallel to and 50 feet from the center line of the street there is for every 50 feet of street frontage at least an average of one deciduous tree that has or will have when fully mature a trunk at least 12 inches in diameter. When trees are planted by the developer pursuant to this section, the developer shall choose trees that meet the standards set forth in Appendix A.[2]

[2]

Editor's Note: Appendix A is included as an attachment to this chapter.

Retention and protection of large trees.

Every development shall retain all existing trees 18 inches in diameter or more unless the retention of such trees would unreasonably burden the development.

No excavation or other subsurface disturbance may be undertaken within the dripline of any tree 18 inches in diameter or more, and no impervious surface (including, but not limited to, paving or buildings) may be located within 12 1/2 feet (measured from the center of the trunk) of any tree 18 inches in diameter or more unless compliance with this subsection would unreasonably burden the development. For purposes of this subsection, a "dripline" is defined as a perimeter formed by the points farthest away from the trunk of a tree where precipitation falling from the branches of that tree lands on the ground.

The retention or protection of trees 18 inches in diameter or more as provided in Subsection B(3)(a) and (b) unreasonably burdens a developer if, to accomplish such retention or protection, the desired location of improvements on a lot or the proposed activities on a lot would have to be substantially altered and such alteration would work an unreasonable hardship upon the developer.

If space that would otherwise be devoted to parking cannot be so used because of the requirements of Subsection B(3)(a) or (b) and, as a result, the parking requirements set forth in Part 6 cannot be satisfied, the number of required spaces may be reduced by the number of spaces lost because of the provisions of Subsection B(3)(a) and (b), up to a maximum of 15% of the required spaces.

Shade trees in parking areas.

Vehicle accommodation areas that are required to be paved must be shaded by deciduous trees (either retained or planted by the developer) that have or will have when fully mature a trunk at least 12 inches in diameter. When trees are planted by the developer to satisfy the requirements of this subsection, the developer shall choose trees that meet the standards set forth in Appendix A.[3]

[3]

Editor's Note: Appendix A is included as an attachment to this chapter.

Each tree of the type described in Subsection B(4)(a) shall be presumed to shade a circular area having a radius of 15 feet with the trunk of the tree as the center, and there must be sufficient trees so that, using this standard, 20% of the vehicle accommodation area will be shaded.

No paving may be placed within 12 1/2 feet (measured from the center of the trunk) of any tree retained to comply with Subsection B(4)(a), and new trees planted to comply with Subsection B(4)(a) shall be located so that they are surrounded by at least 200 square feet of unpaved area.