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Article 5: Development Standards

Section 5.12. Landscaping

5.12.2. Applicability

June 2013

Morrisville, NC

Page 5-120

Unified Development Ordinance - Public Hearing Draft

F.

Improve air quality by removing carbon dioxide and pollutant gases from the air and producing

oxygen that helps dilute air pollutant concentrations;

G.

Restore soils and land denuded as a result of construction or grading;

H.

Maintain the continued vitality of natural habitats for the propagation and protection of wildlife, birds,

game, and fish and other aquatic life;

I.

Limit glare created by exterior lighting;

J.

Provide a sense of privacy from neighbors and the street;

K.

Provide human scale to urban environments by breaking up the visual impact of structures and parking

lots;

L.

Help differentiate streets and other areas of the public realm from private lands;

M.

Stimulate economic development by increasing the Town‘s attractiveness and quality of life to shoppers

and employers;

N.

Safeguard and enhance property values and protect public and private investments; and

O.

Protect Town residents and visitors from personal injury and property damage, and avoid interruption

of electrical and other utility services.

5.12.2.

Applicability

416

A.

New Development

417

Except where expressly provided otherwise in this Ordinance, the landscaping requirements in this

section shall apply to all new development in the Town other than temporary uses and structures.

B.

Existing Development

Except where expressly provided otherwise in this Ordinance, the landscaping requirements in this

section shall apply to existing development in accordance with the following.

1.

Change in Use

418

Any change in use that requires Site Plan Approval (Section 2.5.7) shall be subject to these

landscaping standards to the maximum extent practicable.

2.

Expansion

419

Except as otherwise provided in subsection

3

below, if an existing structure or use is expanded or

enlarged (in terms of the number of dwelling units, floor area, number of employees, seating

capacity, or other size unit), additional landscaping shall be provided in accordance with the

requirements of this section to serve the expanded or enlarged part of the structure or use.

416

Part C, Art. IX of the current Zoning Ordinance is not clear about what development activities current landscaping regulations

apply to. This subsection is intended to clarify what developments are subject to landscaping standards.

417

This expands the current Sec. 2.2‘s exemption of temporary/seasonal events to include other temporary uses and structures.

418

The current Sec. 2.2 exempts improvements not constituting a change in the Building Code‘s occupancy classifications, which

include Assembly, Business, Educational, Factory Industrial, Hazardous, Institutional, Mercantile, Residential, Storage, and Utility.

While those classifications may have significance in respect to building design, they have no obvious relationship to the need for

landscaping. For the sake of consistency and ease of administration, we propose instead that the Ordinance exempt those changes

in use that are also proposed to be exempt from Site Plan Approval—i.e., mere changes in use that do not involve or require

other development (such as expanded structures or additional parking).

419

This clarifies that application of landscaping requirements to expansions of existing development is limited to the expanded

part of the development.