Agenda - 10-01-2024; 5-a - Unified Development Ordinance Text Amendment – Landscaping Standards

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Article 6: Development Standards Section 6.8: Landscaping, Buffers&Tree Protection (B) Enhance the beauty of the built environment; (C) Enhance the privacy and welfare of citizens by separating incompatible land uses; (D) Allow for the ecological benefits provided by plant materials including: protection of land from erosion and stormwater runoff; minimize noise, water, light and air pollution; mitigation of the heat island effect; recharging of aquifers; and protection and enhancement of wildlife habitats; and (E) Preservation of natural forested tree areas. 6.8.2 Applicability The landscaping and buffering standards of this section shall apply to all proposed land development for which a site plan, special use permit, MPD-CD Master Plan, preliminary n'�+ the of majop i bdiyi&k4rs plot plan, or a final plat in the race of minO subdivisions, is required except exempt or expedited subdivisions, as provided by Sections 7.2.1 and 7.2.2 of this Ordinance. If the use-specific standards of Article 5 specify differing landscaping standards, those shall prevail over those provided herein. 6.8.3 Variations (A) In some cases the strict adherence to this section of the Ordinance would serve no useful purpose, in which case the Planning Director, may modify the buffer and landscape standards of this Section where: (1) The topography of a site and/or the size of a proposed lot are sufficient to serve the purpose of a buffer; (2) Existing structures, utilities, gardens or active farmland are located in the buffer or setback areas; (3) Existing vegetation is damaged, unhealthy, or poses a safety threat; or (4) An existing residence or structure with established lawn areas and/or plant beds is contained within a proposed subdivision lot. (B) The Planning Director may require alternative buffers or landscaping, including locations other than those typically required, when a modification to the requirements of this section is warranted in order to meet the intent of the specified standards. (C) When a proposed lot includes one or more of the conditions listed above, the Planning Director is empowered to waive the requirements for screening or additional landscaping provided that the request is submitted in writing stating the reason and rationale for such request, and the spirit and intent of this Ordinance is achieved. 6.8.4 Protection of Existing Vegetation (A) Tree Protection Areas There are two tree protection areas defined as follows: (1) Primary Tree Protection Area Front, side and rear yard setback areas; Stream Buffers; and Land Use Buffers as required by this Ordinance. If no side and/or rear setbacks are required, the Primary Tree Protection Area shall be ten feet in width as measured perpendicular to the existing and/or proposed lot line. (2) Secondary Tree Protection Area Any portion of a lot not included within the Primary Tree Protection Area. (B) Protective Measures Orange County, North Carolina—Unified Development Ordinance Page 6-37