<div class="chunk-title">Sec. 6.6 - Multifamily developments.</div>
<div class="chunk-content">
            <p class="b0">
               <span class="bold">Sec. 6.6.1 Purpose and Intent.</span> The purpose of this section is to provide for the orderly development of multifamily
               developments within Jackson County. Multifamily development projects are an important
               component in providing County residents with housing opportunities at all income levels.
               These regulations are designed to provide minimum standards to ensure the health,
               safety, and public welfare for all residents in Jackson County
               </p>
            <p class="b0">
               <span class="bold">Sec. 6.6.2 Jurisdiction</span>
               
               <p class="incr1">
                  (a)
                  </p>
               		
               <p class="content2">
                  This section shall apply to all the County except for:
                  </p>
               		
               <p class="incr2">
                  (i)
                  </p>
               		
               <p class="content3">
                  The Cashiers, Cullowhee, and US 441 Planning Districts.
                  </p>
               		
               <p class="incr2">
                  (ii)
                  </p>
               		
               <p class="content3">
                  Those areas included within the planning jurisdiction of any incorporated municipalities.
                  </p>
               		
               <p class="incr2">
                  (iii)
                  </p>
               		
               <p class="content3">
                  Those areas within the Qualla Boundary, as provided by law.
                  </p>
               		
               
            <p class="b0">
               <span class="bold">Sec. 6.6.3 Density and Setbacks</span>
               </p>
            <p class="incr0">
               a)
               </p>
            		
            <p class="content1">
               Densityâ€”Project density shall conform to density requirements found in the Mountain
               and Hillside Development regulations in Section 5.8 of the Ordinance.
               </p>
            		
            <p class="incr0">
               b)
               </p>
            		
            <p class="content1">
               Setbacksâ€”The minimum setbacks are:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               Front: 40 feet
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               Rear: 30 feet
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               Side: 25 feet
               </p>
            		
            <p class="b0">
               <span class="bold">Sec. 6.6.4 Landscaping standards</span>
               </p>
            <p class="incr0">
               a)
               </p>
            		
            <p class="content1">
               <span class="ital">Purpose.</span> The abundant and diverse tree and vegetative cover found in the area contributes
               to the aesthetic quality of the community and provides numerous economic and ecological
               benefits. The landscaping and buffering standards set forth below require landscaping
               between dissimilar uses, along streets and roads, and in parking areas in order to:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               Encourage the preservation of existing trees and vegetation and replenish removed
               vegetation.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               Maintain and improve the visual quality of the County and minimize potential negative
               impacts of development such as noise, dust, glare of lights, parking lots, heat, and
               odor.
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               Provide a transition between dissimilar land uses to protect abutting properties from
               potential negative impacts of neighboring development and preserve the character and
               value of a property and provide a sense of privacy.
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               Improve standards for quantity, location, size, spacing, protection, and maintenance
               of plants to assure a high level of quality in the appearance of the County while
               allowing flexibility to promote well designed and creative landscape plantings.
               </p>
            		
            <p class="incr1">
               (5)
               </p>
            		
            <p class="content2">
               Provide environmental benefits such as climate modification, deceased energy consumption,
               reduced stormwater run-off, decreased erosion, improved water and air quality, and
               protection of wildlife habitat.
               </p>
            		
            <p class="incr0">
               b)
               </p>
            		
            <p class="content1">
               <span class="ital">General information.</span>
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               <span class="ital">Applicability.</span>
               </p>
            		
            <p class="incr2">
               a.
               </p>
            		
            <p class="content3">
               Bufferyard plantings, street trees, and parking lot trees and shrubs are required
               for new developments and major redevelopments within the County. The following developments
               must bring the entire site into compliance with the landscaping and buffering requirements
               of this ordinance as set forth in this section:
               </p>
            		
            <p class="incr3">
               i.
               </p>
            		
            <p class="content4">
               Any new private or public development.
               </p>
            		
            <p class="incr3">
               ii.
               </p>
            		
            <p class="content4">
               Renovations with a total cost exceeding 50 percent of the assessed value of the building,
               according to Jackson County tax records.
               </p>
            		
            <p class="incr3">
               iii.
               </p>
            		
            <p class="content4">
               Expansions exceeding 50 percent of the pre-expansion floor area or paved surface.
               </p>
            		
            <p class="incr3">
               iv.
               </p>
            		
            <p class="content4">
               Existing unpaved parking lots that are paved over or existing paved lots that are
               demolished and repaved.
               </p>
            		
            <p class="incr2">
               b.
               </p>
            		
            <p class="content3">
               Expansions or additions that are less than 50 percent of the pre-expansion floor area
               and/or pavement surface must meet the landscaping requirements only in the area around
               the addition that is parallel to any edge of the expansion area and extending to the
               property line or street pavement edge.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               <span class="ital">Landscape plan required.</span> Applicants are encouraged to meet with Jackson County Planning Department staff prior
               to submitting a site plan to discuss applicable landscape requirements, other ordinance
               requirements, and coordination of plantings with other construction activity. A landscape
               plan drawn to scale must be submitted with the site plan and prepared in accordance
               with Site Plan Requirements.
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               <span class="ital">Alternative compliance.</span> The landscape requirements are intended to set minimum standards for quality development
               and environmental protection; they are not intended to be arbitrary or to inhibit
               creative solutions. Site conditions or other reasons may justify the need to request
               an alternative method of compliance with the landscape requirements. The Jackson County
               Planning Department staff may alter the landscape and buffering requirements as long
               as existing or added landscape features of the development site comply with the intent
               of this chapter. Requests for alternative compliance shall be accepted if one or more
               of the following conditions are met:
               </p>
            		
            <p class="incr2">
               a.
               </p>
            		
            <p class="content3">
               Topography, geologic features, drainage channels or streams, existing natural vegetation,
               overhead or underground utilities, or other conditions make it unreasonable or meaningless
               to plant a buffer or meet other landscape requirements;
               </p>
            		
            <p class="incr2">
               b.
               </p>
            		
            <p class="content3">
               Space limitations, zero lot line development, unusually shaped lots, unique relationships
               to other properties, and/or prevailing practices in the surrounding area (such as
               the use of a specific type of vegetation) may justify alternative compliance when
               changing the use of an existing building in a developed area; or
               </p>
            		
            <p class="incr2">
               c.
               </p>
            		
            <p class="content3">
               An alternative compliance proposal is equal to or better than normal compliance in
               its ability to fulfill the intent of these landscape requirements, and exhibits superior
               design quality. The property owner or developer must submit a plan of the area for
               which alternative compliance is requested to the Jackson County Planning Department.
               The site plan shall show the existing site features and any additional material the
               property owner or developer will plant or construct to meet the intent of the landscape
               and buffer requirements of this section. A section drawing may be required if there
               are grade changes that affect the character of the buffer and landscape requirements.
               In addition, the applicant must submit a written statement describing the need for
               alternative compliance. The Planning Department shall render a decision approving,
               approving with conditions, or denying the request within ten working days of reviewing
               the request for alternative compliance.
               </p>
            		
            <p class="incr0">
               c)
               </p>
            		
            <p class="content1">
               <span class="ital">Existing vegetation.</span> Preserving existing trees can improve the aesthetic quality of the site and improve
               property values, provide environmental benefits, mitigate the impacts of development
               on the community, and help minimize opposition to the proposed development. It is
               recommended that groups of trees be preserved as well as individual trees. Existing
               trees and shrubs that are preserved may be credited toward required buffer trees,
               street trees, and parking lot trees as specified in subsection <a href="" data-chunk-id="CD_ORD_CH6AN_S6-3GEDUANCODE" class="section-link" data-product-id="14666">6-3</a> c)(1) below.
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               <span class="ital">Credits and other incentives to preserve existing vegetation.</span> Existing trees that are preserved may be credited for required trees as follows:
               </p>
            		
            <div>
               <div class="" style="width:100%">
                  <table class="thead0 table  left" cellpadding="3" cellspacing="0" border="1" rules="all" style="text-align:left;">
                     <colgroup class="std">
                        <col width="25.58139534883721%">
                        <col width="74.4186046511628%">
                     </colgroup>
                     <tbody>
                        <tr>
                           <td class=" top ">
                              2"â€”6"
                              </td>
                           <td class=" top ">
                              caliper tree = 1 new tree
                              </td>
                        </tr>
                        <tr>
                           <td class=" top ">
                              7"â€”12"
                              </td>
                           <td class=" top ">
                              caliper tree = 2 new trees
                              </td>
                        </tr>
                        <tr>
                           <td class=" top ">
                              13"â€”18"
                              </td>
                           <td class=" top ">
                              caliper tree = 3 new trees
                              </td>
                        </tr>
                        <tr>
                           <td class=" top ">
                              19"â€”24"
                              </td>
                           <td class=" top ">
                              caliper tree = 4 new trees
                              </td>
                        </tr>
                        <tr>
                           <td class=" top ">
                              25+"
                              </td>
                           <td class=" top ">
                              caliper tree = 5 new trees
                              </td>
                        </tr>
                     </tbody>
                  </table>
               </div>
               <p>&nbsp;</p>
            </div>
            <p class="b0">
               In order to receive credit, existing vegetation that is preserved must be in good
               health and condition. Trees designated to be preserved must be indicated on the landscape
               plans. Protective barriers must be shown on the landscape and grading plans in accordance
               with the requirements of subsection <a href="" data-chunk-id="CD_ORD_CH6AN_S6-3GEDUANCODE" class="section-link" data-product-id="14666">6-3</a> c)(2) below. If a preserved tree dies within 24 months of completion of the project,
               it must be replaced with the total number of trees that were credited to the existing
               one.
               
               <p class="incr1">
                  (2)
                  </p>
               		
               <p class="content2">
                  <span class="ital">Protection of existing trees during construction.</span>
                  </p>
               		
               <p class="incr2">
                  a.
                  </p>
               		
               <p class="content3">
                  No grading or other land-disturbing activity can occur on a site with existing trees
                  that are designated to be preserved in order to meet the landscape requirements until
                  protective barriers are installed by the developer. Trees designated for preservation
                  that are counted toward the landscape requirement must be protected by barriers, while
                  trees designated for protection that do not count toward the landscape requirements
                  are encouraged to be protected by barriers. The diameter of existing trees to be preserved
                  and the location of the protective barriers must be shown on the landscape and grading
                  plans, with the dimension between the tree trunk and the barrier indicated. Barricades
                  or barriers must be placed around the critical root zone of any existing trees to
                  be preserved that are within 50 feet of any grading or construction activity. The
                  critical root zone is a circle extending around the tree with a one-foot radius for
                  every one-inch of tree diameter. For example, an eight-inch diameter tree would have
                  a barricade surrounding it located eight feet from the trunk of the tree. All protective
                  barriers must be maintained throughout the building construction process. Protective
                  barriers shall consist of either:
                  </p>
               		
               <p class="incr3">
                  i.
                  </p>
               		
               <p class="content4">
                  A fence that is at least three feet high and constructed in a post and rail configuration;
                  or
                  </p>
               		
               <p class="incr3">
                  ii.
                  </p>
               		
               <p class="content4">
                  A fence with posts placed no further than ten feet apart covered with a 4-foot orange
                  polyethylene laminar safety fencing.
                  </p>
               		
               <p class="incr2">
                  b.
                  </p>
               		
               <p class="content3">
                  All contractors must be made aware of the areas designated for protection. No disturbance
                  can occur within the tree protection area including:
                  </p>
               		
               <p class="incr3">
                  i.
                  </p>
               		
               <p class="content4">
                  Grading;
                  </p>
               		
               <p class="incr3">
                  ii.
                  </p>
               		
               <p class="content4">
                  Filling, unless an aeration system that is certified by a registered landscape architect,
                  certified arborist, or North Carolina Agricultural Extension Specialist is installed
                  to protect the tree from suffocation;
                  </p>
               		
               <p class="incr3">
                  iii.
                  </p>
               		
               <p class="content4">
                  Parking;
                  </p>
               		
               <p class="incr3">
                  iv.
                  </p>
               		
               <p class="content4">
                  Storage of debris or material, including topsoil;
                  </p>
               		
               <p class="incr3">
                  v.
                  </p>
               		
               <p class="content4">
                  Disposal of hazardous waste or concrete washout;
                  </p>
               		
               <p class="incr3">
                  vi.
                  </p>
               		
               <p class="content4">
                  Attaching of nails, ropes, cables, signs, or fencing to any tree to be preserved;
                  </p>
               		
               <p class="incr2">
                  c.
                  </p>
               		
               <p class="content3">
                  If any area within the critical root zone will be disturbed for any reason, measures
                  must be taken to minimize any potential impact. The developer should coordinate with
                  utility companies early in the design process to resolve any potential conflict regarding
                  the placement of utilities and landscape requirements. If silt fencing is required
                  to control sedimentation, the fencing must be placed along the uphill edge of the
                  tree protection zone in order to prevent sediment from accumulating in the critical
                  root zone area.
                  </p>
               		
               
            <p class="incr0">
               d)
               </p>
            		
            <p class="content1">
               <span class="ital">Bufferyard requirement.</span>
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               <span class="ital">Requirement.</span> Certain land uses may create an adverse impact when developed adjacent to other less
               intensive land uses. Bufferyards shall be required between a proposed development
               and a dissimilar existing land use to provide a transition between them. A bufferyard
               is a strip of land with existing vegetation, planted vegetation, a landscaped earth
               berm or grade change, a fence, a wall, or a combination of the above. The bufferyard
               width and number of plantings required will vary based upon the size of the proposed
               and existing land uses. Information on determining bufferyard width is provided in
               <a href="" data-chunk-id="CD_ORD_CH6AN_S6-3GEDUANCODE" class="section-link" data-product-id="14666">Section 6-3</a> d)(6).
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               <span class="ital">Responsibility for bufferyard.</span> The required bufferyard shall be the responsibility of the property owner developing
               the property or changing the land use. Bufferyards must be located on the property
               being developed or on which the land use is changing, between the property lines and
               any vehicle use areas, buildings, storage, service areas, or any other area of activity.
               The bufferyard shall extend along the entire property line that abuts the incompatible
               land use up to any required street tree planting strip.
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               <span class="ital">Setbacks.</span> If a setback requirement is less than the minimum buffer requirement, the bufferyard
               width requirement shall override the setback requirement.
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               <span class="ital">Use of bufferyards.</span> Required bufferyards shall not be disturbed for any reason except for approved driveway
               openings, pedestrian or bicycle paths, designated trails or greenways, utilities,
               drainage ways, walls, fences, and other passive or minor uses compatible with the
               general separation of land uses and provided that the total number of required plantings
               are still met. Utility easements may be included in the width of the bufferyard with
               the following conditions:
               </p>
            		
            <p class="incr2">
               a.
               </p>
            		
            <p class="content3">
               Utility lines should be located to cross perpendicular to a bufferyard, if possible,
               to minimize the impact.
               </p>
            		
            <p class="incr2">
               b.
               </p>
            		
            <p class="content3">
               If utility lines must run with a bufferyard, they must be located along the edge of
               the bufferyard.
               </p>
            		
            <p class="incr2">
               c.
               </p>
            		
            <p class="content3">
               The developer should minimize the amount of plantings in the utility easement area
               so that they will not have to be removed or pruned if the utility line needs maintenance.
               If the developer plans to plant in the utility easement, approval must be obtained
               from the affected utility companies to ensure that the plantings will not interfere
               with the installation, operation, or maintenance of the utility lines. Trees and shrubs
               planted within the utility easement will not count toward the bufferyard planting
               requirement unless they are approved by the utility companies.
               </p>
            		
            <p class="incr1">
               (5)
               </p>
            		
            <p class="content2">
               <span class="ital">Placement of bufferyard plantings.</span> The exact placement of the required plants shall be the decision of the developer
               or designer, but shall be approved by the Jackson County Planning Department. Plants
               shall be placed in a manner to serve as an effective screen year-round when viewed
               from an area accessible to the public or from adjacent properties. Trees and shrubs
               should be planted at least five feet from the property line to ensure maintenance
               access and to avoid encroachment onto neighboring property.
               </p>
            		
            <p class="incr1">
               (6)
               </p>
            		
            <p class="content2">
               <span class="ital">Reserved.</span>
               </p>
            		
            <p class="incr1">
               (7)
               </p>
            		
            <p class="content2">
               <span class="ital">Reserved.</span>
               </p>
            		
            <p class="incr1">
               (8)
               </p>
            		
            <p class="content2">
               <span class="ital">Reserved.</span>
               </p>
            		
            <p class="incr1">
               (9)
               </p>
            		
            <p class="content2">
               <span class="ital">Reserved.</span>
               </p>
            		
            <p class="incr1">
               (10)
               </p>
            		
            <p class="content2">
               <span class="ital">Buffer description table.</span>
               </p>
            		
            <div>
               <div class="" style="width:100%">
                  <table class="thead1 table  left" cellpadding="3" cellspacing="0" border="1" rules="all" style="text-align:left;">
                     <colgroup class="std">
                        <col width="79.06976744186046%">
                        <col width="20.930232558139537%">
                     </colgroup>
                     <tbody>
                        <tr>
                           <td class=" top "></td>
                           <td class=" top ">
                              Buffer
                              </td>
                        </tr>
                        <tr>
                           <td class=" top ">
                              Minimum buffer width
                              </td>
                           <td class=" top ">
                              15 feet
                              </td>
                        </tr>
                        <tr>
                           <td class=" top ">
                              Total number plants per 100 linear feet
                              </td>
                           <td class=" top ">
                              18
                              </td>
                        </tr>
                        <tr>
                           <td class=" top ">
                              Number of evergreen trees
                              </td>
                           <td class=" top ">
                              6
                              </td>
                        </tr>
                        <tr>
                           <td class=" top ">
                              Number of large deciduous trees
                              </td>
                           <td class=" top ">
                              2
                              </td>
                        </tr>
                        <tr>
                           <td class=" top ">
                              Number of small deciduous trees
                              </td>
                           <td class=" top ">
                              2
                              </td>
                        </tr>
                        <tr>
                           <td class=" top ">
                              Number of shrubs (at least 75% must be evergreen)
                              </td>
                           <td class=" top ">
                              8
                              </td>
                        </tr>
                     </tbody>
                  </table>
               </div>
               <p>&nbsp;</p>
            </div>
            <p class="incr1">
               (11)
               </p>
            		
            <p class="content2">
               <span class="ital">Existing vegetation in the buffer.</span> Existing vegetation in the buffer area may be counted toward the required plantings
               according to <a href="" data-chunk-id="CD_ORD_CH6AN_S6-3GEDUANCODE" class="section-link" data-product-id="14666">Section 6-3</a> c)(1). The Planning Department staff must approve the use of existing vegetation
               to meet the buffer requirement.
               </p>
            		
            <p class="incr1">
               (12)
               </p>
            		
            <p class="content2">
               <span class="ital">Buffer reductions.</span> The width of the buffer may be reduced up to 50% with the use of a fence or wall.
               Fences and walls must meet the following standards:
               </p>
            		
            <p class="incr2">
               a.
               </p>
            		
            <p class="content3">
               Fences or walls shall be constructed of wood, brick, stone, or other masonry (except
               plain block) and be architecturally compatible with the proposed structure. Seventy-five
               percent of the fence or wall must be opaque with any spaces evenly distributed. A
               detailed drawing of the fence or wall must be shown on the site or landscape plan
               and approved by the Jackson County Planning Department staff.
               </p>
            		
            <p class="incr2">
               b.
               </p>
            		
            <p class="content3">
               Fences and walls shall be a minimum of six feet tall;
               </p>
            		
            <p class="incr2">
               c.
               </p>
            		
            <p class="content3">
               The finished side of the fence or wall shall face the abutting property; and
               </p>
            		
            <p class="incr2">
               d.
               </p>
            		
            <p class="content3">
               A planting strip with a minimum width of five feet shall be located between the fence
               or wall and the property line. The strip shall be planted with trees and/or shrubs
               on the side that faces the abutting property. The trees and/or shrubs shall be spaced
               no further than eight feet apart in order to screen at least 50 percent of the fence
               or wall at maturity.
               </p>
            		
            <p class="incr0">
               e)
               </p>
            		
            <p class="content1">
               <span class="ital">Screening of dumpsters, loading docks, outdoor storage areas, and utility structures.</span> All dumpsters, loading docks, or utility structures visible from a public street
               or adjacent property line shall be screened unless already screened by an intervening
               building or bufferyard. Landscaping shall not interfere with the access and operation
               of any such structure or facility. All unenclosed outdoor storage areas greater than
               15 square feet shall also be screened from adjacent properties and streets. Screen
               types include:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               A continuous hedge of evergreen and/or densely twigged shrubs planted in a 5 foot
               strip with plants spaced no more than five feet apart or a row of evergreen trees
               planted no more than eight feet apart.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               A fence or wall with a minimum height of six feet with the finished side of the fence
               or wall facing the abutting property or the street.
               </p>
            		
            <p class="incr0">
               f)
               </p>
            		
            <p class="content1">
               <span class="ital">Street trees.</span> Street trees are required for all new nonresidential development. Street trees shall
               be required at the rate of one large maturing (over 35 feet in height at maturity)
               for every 40 linear feet of property abutting a street or road or one small maturing
               tree (less than 35 feet in height at maturity) for every 30 linear feet of property
               abutting a street or road, if overhead utility lines are present. This does not imply
               that trees must be spaced exactly 30 feet or 40 feet apart, but may be clustered together
               with a minimum spacing of 15 feet. Trees should be spaced no more than 65 feet apart.
               Street trees shall be placed in a planting strip on private property and not within
               the street or road right-of-way. No street tree can be located farther than 20 feet
               from the edge of the right-of-way to count as a street tree. The width of the planting
               strip may vary but the minimum width cannot be less than seven feet and the average
               width shall be at least ten feet. The planting area must be covered with living material,
               including ground cover and shrubs, or mulch so that no soil is exposed. No stone mulch
               is permitted in the planting area.
               </p>
            		
            <p class="incr0">
               g)
               </p>
            		
            <p class="content1">
               <span class="ital">Parking lot landscaping requirements.</span>
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               <span class="ital">Requirements for new developments.</span> Trees and shrubs are required in and around parking lots with more than six spaces
               to enable the parking areas to blend in with the natural appearance of the County,
               to provide attractive views from roads and adjacent properties, to reduce stormwater
               runoff, and to help filter exhaust from vehicles. There are three parking lot planting
               requirements that may apply to a development depending upon its relation to other
               properties and public rights-of-way.
               </p>
            		
            <p class="incr2">
               a.
               </p>
            		
            <p class="content3">
               <span class="ital">Perimeter and interior plantings.</span> Parking lots, loading areas, and other vehicle use areas must be planted with one
               deciduous tree and two shrubs for every 2,000 square feet of vehicular use area, which
               includes parking spaces, aisles, driveways, and loading areas (including gravel surfaces).
               At least 75 percent of the required deciduous parking lot trees must be large-maturing
               trees. Trees and shrubs must be placed within 20 feet of the vehicular use area to
               count as parking lot landscaping. When four or more trees are required in a parking
               lot with interior rows, 50 percent of the trees and shrubs must be planted in islands
               or medians located within the parking lot. Each parking space shall be located within
               45 feet of a tree. In calculating this distance, measurements shall be taken from
               the trunk of the tree to the closest point of the parking space. Planting trees in
               groups is encouraged to increase the total amount of planting area for roots to grow.
               Trees and shrubs shall not impede vehicular or pedestrian visibility.
               </p>
            		
            <p class="incr2">
               b.
               </p>
            		
            <p class="content3">
               <span class="ital">Planting strip.</span> A planting strip with a minimum width of five feet shall be planted between the vehicular
               use area and the abutting property when any vehicular use area is located within 50
               feet of an abutting property and no buffer is required, except for driveway openings
               that run perpendicular to the planting strip. This planting strip shall ensure that
               parking lots are separated from one another. One large evergreen or deciduous tree
               and five evergreen or deciduous shrubs shall be planted for every 40 linear feet of
               property line that parallels the vehicular use area. Fifty percent of these trees
               and shrubs may be counted toward the parking lot trees and shrubs required in subsection
               a. (above) if the planting strip is located within 20 feet of the vehicle use area.
               Adjacent businesses on separate properties that share parking or driveways shall be
               exempt from this requirement provided that the required planting strip would interfere
               with the use of the shared parking or driveway.
               </p>
            		
            <p class="incr2">
               c.
               </p>
            		
            <p class="content3">
               <span class="ital">Buffering from the street.</span> Vehicular use areas greater than 2,500 square feet that are located within 30 feet
               of a street or road must be buffered from the street or road. This buffer is required
               in addition to the street trees planted in a ten foot planting strip as required by
               <a href="" data-chunk-id="CD_ORD_CH6AN_S6-3GEDUANCODE" class="section-link" data-product-id="14666">Section 6-3</a> f). The buffer must contain plants that will be at least three feet high at maturity
               and can consist of plant material alone, or berms, fences, walls, or grade changes
               combined with plant material. A vegetative buffer shall contain at least one evergreen
               or deciduous shrub for every five feet of vehicular use area buffer required. If a
               fence or wall is used, at least one shrub must be planted for every eight linear feet
               of fence or wall. Shrubs should be evenly distributed on each side of the fence. Berms
               and grade changes must be completely covered with vegetation. All shrubs planted can
               count toward the parking lot landscaping requirement.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               <span class="ital">Size of planting islands.</span> Tree planting islands within vehicular use areas shall be a minimum of 150 square
               feet and have no width less than nine feet.
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               <span class="ital">Protection of trees.</span> Planting areas and islands shall be protected by curbing, bollards, or parking barriers
               if a tree or shrub is within six feet of the edge of the pavement. Trees in islands
               should be set back at least four feet from the edge of the island so as not to interfere
               with car doors opening.
               </p>
            		
            <p class="incr0">
               h)
               </p>
            		
            <p class="content1">
               <span class="ital">Compliance and maintenance.</span>
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               <span class="ital">Certificate of occupancy.</span> Landscaping must be installed and inspected prior to receiving a certificate of occupancy
               for the construction. Vegetation shall be planted to ensure the best chance of survival
               and to reduce the potential expense of replacing damaged plant materials. If the season
               or weather conditions prohibit planting the materials, the developer may provide a
               bond, an irrevocable letter of credit, or other financial surety in the amount of
               150 percent of the cost of installing the required landscaping to guarantee the completion
               of the required planting. Upon approval of the financial surety, the certificate of
               occupancy shall be issued. The financial surety shall be canceled and/or returned
               upon completion of the required landscaping.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               <span class="ital">Maintenance.</span> The owner or lessee of the property on which landscaping is required shall be responsible
               for the maintenance and protection of all plant and screening material. Landscaped
               areas shall be maintained in good condition and kept free of debris. Failure to maintain
               or to replace dead, damaged, or diseased plant material or to replace a broken fence
               or wall shall constitute a violation of this ordinance and shall be subject to the
               penalty provisions set forth in <a href="" data-chunk-id="CD_ORD_CH12FIPRPR_S12-2INCO" class="section-link" data-product-id="14666">Section 12-2</a> if no corrective action is taken within 30 days of receiving notice. If an act of
               God or other catastrophic event occurs that destroys a large quantity of vegetation,
               the owner or lessee shall have 120 days to replant. Replaced plant material must comply
               with the minimum size, spacing, and quantity standards of this ordinance.
               </p>
            		
            <p class="incr0">
               i)
               </p>
            		
            <p class="content1">
               <span class="ital">Plant specifications.</span>
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               <span class="ital">Recommended plant species.</span> (Appendix A) The use of plant materials that are indigenous to the region and readily
               available from local nurseries is encouraged. Native plant materials are acclimated
               to the area, are better suited for survival, and maintain the character and appearance
               of the County.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               <span class="ital">Minimum plant size requirements:</span>
               </p>
            		
            <p class="incr2">
               a.
               </p>
            		
            <p class="content3">
               Large maturing deciduous tree: Greater than 35 feet in height at maturity. Minimum
               size at planting shall be two inches caliper with a 12 to 14 foot height.
               </p>
            		
            <p class="incr2">
               b.
               </p>
            		
            <p class="content3">
               Small maturing deciduous tree: Less than 35 feet in height maturity. Minimum size
               at planting shall be one and one-half inches in caliper with an eight to ten foot
               height.
               </p>
            		
            <p class="incr2">
               c.
               </p>
            		
            <p class="content3">
               Evergreen tree: Minimum height at planting shall be six feet.
               </p>
            		
            <p class="incr2">
               d.
               </p>
            		
            <p class="content3">
               Deciduous shrub: Minimum size at planting shall be a three gallon container or ten
               inch root ball with a height of 18 inches.
               </p>
            		
            <p class="incr2">
               e.
               </p>
            		
            <p class="content3">
               Evergreen shrub: Minimum size at planting shall be a three gallon container or ten
               inch root ball with a height of 18 inches.
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               <span class="ital">Plant standards.</span> All plants must meet the requirements of the most recent edition of the American
               Standards for Nursery Stock, ANSI 260.1. Plants must be healthy, well-branched, and
               free of disease and insect infestation.
               </p>
            		
            <p class="b0">
               <span class="bold">Sec. 6.6.5 Parking, loading, and access standards.</span>
               </p>
            <p class="incr0">
               a)
               </p>
            		
            <p class="content1">
               <span class="ital">Purpose.</span> Off-street parking, loading, and access standards are established for the following
               purposes:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               To ensure the uniform development of parking areas throughout the County.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               To provide for safe and adequate space for the temporary parking of vehicles.
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               To promote the efficient use of parking areas.
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               To ensure the safety of vehicles entering and exiting parking areas from and to the
               public road system.
               </p>
            		
            <p class="incr0">
               b)
               </p>
            		
            <p class="content1">
               <span class="ital">Parking lot design.</span> The following standards shall be met in designing off-street parking facilities.
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               Parking aisles shall have a minimum width of 14 feet for one-way traffic and 18 feet
               for two-way traffic.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               Parking spaces shall be a minimum of nine feet by 18 feet, except handicapped spaces.
               Handicapped spaces shall comply with the standards set forth in the North Carolina
               Building Code.
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               Parking lots with more than 50 spaces shall provide channelized automobile storage
               space with a length of 50 feet at all entrances from public rights-of-way.
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               Parking spaces and corresponding access drives required by this section shall be constructed
               of a material that will prevent the exposure of subsoil. Suitable materials for parking
               areas include, but are not limited to, porous asphalt, concrete, compacted stone,
               gravel, and aggregates such as bituminous surface treatment and chip and seal. Parking
               areas with gravel, stone, or similar non-durable surfaces shall have access drives
               with a hard, durable surface (asphalt, concrete, etc.). The hard, durable surface
               shall extend a minimum of 25 feet from the edge of the access road. Access drives
               for single family homes and duplexes shall not be required to be constructed of a
               hard, durable surface.
               </p>
            		
            <p class="incr1">
               (5)
               </p>
            		
            <p class="content2">
               No access to individual off-street parking spaces shall be allowed directly from the
               public right-of-way. Public rights-of-way shall not be used for maneuvering in the
               process of entering or leaving individual off-street parking spaces.
               </p>
            		
            <p class="incr0">
               c)
               </p>
            		
            <p class="content1">
               <span class="ital">Off-street parking requirements.</span>
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               <span class="ital">Number of spaces required.</span> The requirements for off-street parking are set forth in the table below. For uses
               not listed in the table, the Jackson County Planning Department shall determine the
               appropriate minimum and maximum number of parking spaces based on the needs of the
               proposed use and the general guidelines below, referencing the American Planning Association
               Planning Advisory Service Report Number 432 (Off-Street Parking requirements).
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               <span class="ital">Parking areas exceeding the required number of spaces.</span> The number of parking spaces for proposed use may exceed the required number of spaces
               identified for that use; however, if the number of parking spaces exceeds the required
               number of spaces for that use by more than 50 percent, the required landscaping for
               the parking area shall be 150 percent of that required by <a href="" data-chunk-id="CD_ORD_CH6AN_S6-3GEDUANCODE" class="section-link" data-product-id="14666">Section 6-3</a> of this ordinance.
               </p>
            		
            <div>
               <div class="" style="width:100%">
                  <table class="thead1 table  left" cellpadding="3" cellspacing="0" border="1" rules="all" style="text-align:center;">
                     <colgroup class="std">
                        <col width="41.86046511627907%">
                        <col width="58.13953488372093%">
                     </colgroup>
                     <tbody>
                        <tr>
                           <td class=" top ">
                              <span class="bold">TYPE OF LAND USE</span>
                              </td>
                           <td class=" top ">
                              <span class="bold">PARKING SPACE<br>REQUIRED FOR EACH Dwelling Unit</span>
                              </td>
                        </tr>
                        <tr>
                           <td class=" top ">
                              Multi-family dwellings
                              </td>
                           <td class=" top ">
                              1.75
                              </td>
                        </tr>
                     </tbody>
                  </table>
               </div>
               <p>&nbsp;</p>
            </div>
            <p class="incr0">
               d)
               </p>
            		
            <p class="content1">
               <span class="ital">Shared and remote parking.</span>
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               <span class="ital">Shared parking.</span> The Jackson County Planning Department shall approve the joint use of up to 100 percent
               of the required parking spaces for two or more uses located on the same or adjacent
               parcels, provided that the developer can demonstrate that the spaces provided will
               meet the need for parking. This may be done by demonstrating that an adequate number
               of spaces are provided for all uses or by demonstrating that the uses will not overlap
               in hours of operation or in demand for the shared spaces. Any sharing of required
               parking spaces by uses located on different parcels shall be guaranteed by a written
               agreement between the owner of the parking area and the owner of any use located on
               a different parcel and served by the parking area.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               <span class="ital">Remote parking.</span> If the required number of parking spaces for any land use cannot be reasonably provided
               on the same lot on which the principal use is located, the parking spaces may be provided
               on any land within 500 feet of the property on which the principal use is located.
               The zoning district regulations for the property on which the parking is located must
               permit the principal use that the parking spaces serve. Any remote parking spaces
               located on a different parcel than the use served shall be guaranteed by a written
               agreement between the owner of the remote parking area and the owner of the principal
               use.
               </p>
            		
            <p class="incr0">
               e)
               </p>
            		
            <p class="content1">
               <span class="ital">Access point requirements.</span> The following standards shall be met when designing vehicular access points from
               public roads to individual nonresidential properties
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               <span class="ital">Width of access points:</span>
               </p>
            		
            <div>
               <div class="" style="width:100%">
                  <table class="thead1 table  left" cellpadding="3" cellspacing="0" border="1" rules="all" style="text-align:center;">
                     <colgroup class="std">
                        <col width="33.333333333333336%">
                        <col width="33.333333333333336%">
                        <col width="33.333333333333336%">
                     </colgroup>
                     <tbody>
                        <tr>
                           <td class=" top "></td>
                           <td class=" top ">
                              Minimum
                              </td>
                           <td class=" top ">
                              Maximum
                              </td>
                        </tr>
                        <tr>
                           <td class=" top ">
                              One-way
                              </td>
                           <td class=" top ">
                              14 ft
                              </td>
                           <td class=" top ">
                              20 ft
                              </td>
                        </tr>
                        <tr>
                           <td class=" top ">
                              Two-way
                              </td>
                           <td class=" top ">
                              24 ft
                              </td>
                           <td class=" top ">
                              36 ft
                              </td>
                        </tr>
                     </tbody>
                  </table>
               </div>
               <p>&nbsp;</p>
            </div>
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               <span class="ital">Distance from street intersections.</span> The minimum distance between access points and street intersections shall be 50 feet.
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               <span class="ital">Distance from other access points.</span> The minimum distance as measured along the right-of-way line, or the edge of the
               roadway for private roads, between the edge of adjacent access points on different
               properties shall be 50 feet. The minimum distance between the edges of adjacent access
               points on the same property shall be 100 feet.
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               <span class="ital">Distance from property line.</span> Unless the access point is shared between two or more adjoining properties, all access
               points shall be located at least five feet from all property lines perpendicular to
               the road.
               </p>
            		
            <p class="incr1">
               (5)
               </p>
            		
            <p class="content2">
               <span class="ital">Sites unable to meet distance requirements.</span> For sites with insufficient road frontage to meet minimum spacing requirements, consideration
               shall first be given to providing access via connection to a side road, utilization
               of a joint or shared driveway with an adjacent property that meets the recommended
               spacing requirement, or development of a service road to serve multiple properties.
               If these options are not available, the Planning Director may grant approval of an
               alternate access request, taking into consideration access to the property and safety.
               </p>
            		
            <p class="incr1">
               (6)
               </p>
            		
            <p class="content2">
               <span class="ital">Street or driveway access permit.</span> An application for a site specific Street and Driveway Access Permit shall be submitted
               to the North Carolina Department of Transportation in accordance with minimum rules
               and procedures set forth in the Policy on Street and Driveway Access to North Carolina
               Highways. The District Engineer for the North Carolina Department of Transportation
               will notify and consult with the Jackson County Planning Department regarding access
               locations or signalization requested as part of any permit application.
               </p>
            		
            <p class="b0">
               <span class="bold">Sec. 6.6.6 Stormwater management standards.</span>
               </p>
            <p class="incr0">
               a)
               </p>
            		
            <p class="content1">
               <span class="ital">Purpose.</span> The stormwater standards set forth below are provided to protect life and property
               and minimize nuisances by limiting destructive runoff and flooding generated by impervious
               surface areas; and to protect water quality and natural ecosystems by requiring the
               filtering of sediments and pollutants such as nitrogen, phosphorus, trace metals,
               and hydrocarbons.
               </p>
            		
            <p class="incr0">
               b)
               </p>
            		
            <p class="content1">
               <span class="ital">General information.</span>
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               <span class="ital">Applicability.</span> The requirements set forth in this section shall apply to new and existing development
               as follows:
               </p>
            		
            <p class="incr2">
               a.
               </p>
            		
            <p class="content3">
               New development:
               </p>
            		
            <p class="incr3">
               i.
               </p>
            		
            <p class="content4">
               For new development where the impervious surface is between 1,000-5,000 square feet,
               a stormwater management system concept plan is required that follows design guidelines
               given in the most recent edition of the Stormwater Best Management Practices Manual
               published by the North Carolina Department of Environment and Natural Resources.
               </p>
            		
            <p class="incr3">
               ii.
               </p>
            		
            <p class="content4">
               For new development where the amount of impervious surface being created is 5,000
               square feet or more, the requirements for a stormwater management plan set forth in
               subsections c and d of this section shall apply.
               </p>
            		
            <p class="incr2">
               b.
               </p>
            		
            <p class="content3">
               Existing development:
               </p>
            		
            <p class="incr3">
               i.
               </p>
            		
            <p class="content4">
               For existing development where the amount of impervious surface is being expanded
               by 25 percent or more of the original amount and the total amount of impervious surface
               is less than 5,000 square feet, a stormwater management system concept plan is required
               that follows the design guidelines given in the most recent edition of the Stormwater
               Best Management Practices Manual published by the North Carolina Department o