Unified Development Ordinance, 4th supplement, September 2017

Part 10A: Unified Development Ordinance City of Raleigh, North Carolina 5 – 10 Effective Date: September 01, 2013 Supp. No. 4 CHAPTER 5. ​OVERLAY DISTRICTS | Article 5.3. Corridor Overlays Sec. 5.3.1. ​Special Highway Overlay Districts (-SHOD-) c. Either a wall or a solid fence at least 5 feet in height may be erected in lieu of the required shrubs in protective yards that are not tree conservation areas. The wall or fence in terms of appearance, texture, and quality must be made of the same or compatible material and color as the principal building. The erected wall or fence must be landscaped so that no more than two-thirds of its surface area will be visible within 3 years after the erection of the structure; 40% of the plant material may be deciduous. No planting is required for decorative fences. d. A berm with a minimum height of 3 feet, measured perpendicular to the center of the crown, may be substituted for a portion of the required shrubs. The bermmust contain a rounded crown suitable for planting, and have a stabilized side slope of no greater than 3-to-1. A steeper side slope may be used in exceptional cases when all of the following are met: i. This steeper slope is sufficiently stabilized; and ii. The landscape objectives of the overlay district are better achieved; and iii. Physical constraints of the site prevent the use of a flatter slope. e. The bermmust be planted with ¾ of the required number of shrubs. f. Shrubs planted on the bermmay have a lesser mature height; provided that the expected combined height of the berm and planting after 3 years is 5 feet. g. A berm cannot be built in any protective yard whenever the protective yard is also a tree conservation area. 5. General a. Maintenance of a required protective yard must conform to Sec. 7.2.4.D. b. No protective yard may remain denuded or exposed with bare soil. c. The location of required landscaping may not obstruct the views of motorists using any street, private driveway or the approach to any street intersection so as to constitute a traffic hazard, a condition dangerous to the public safety or violate the specifications under the Raleigh Street Design Manual. G. Existing Vegetation 1. General Where the protective yard basal area is less than 50 for each 50 linear feet, existing vegetation that meets or exceeds the quantity, spacing and height standards may be used to satisfy the protective yard requirements. Where the protective yard basal area is 50 or more for each 50 linear feet, such areas shall be primary tree conservation areas and must meet the requirements of Article 9.1. Tree Conservation. 2. Tree Preservation Credit Preservation of existing live natural trees between the principal building and the street right-of-way can be credited towards the tree planting requirements of this section. a. Method of Calculation and Minimum Size Credit toward the required number of trees for each 100 feet will be given on a tree-for-tree basis for each preserved tree 3 inches DBH and larger provided such trees are evenly distributed across each 100 feet. b. Protected Ground Area i. The critical root zone of each preserved tree must be entirely within the protective yard with no tree disturbing activity within any critical root zone. ii. During construction, the protective yard shall be protected with a tree protection fence. Credit for existing trees will not be allowed if there are any tree disturbing activities or encroachments in the protective yard. c. Unsafe and Diseased Trees No credit is allowed for any tree if the tree is unhealthy or dead or is a hazardous tree. The death of or replacement of any preserved tree which was used for credit requires the owner to plant new trees equal to the number of credited trees; such plantings must meet the requirements of this section.

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