Sec. 5.3.1. Special Highway Overlay Districts (-SHOD-)

1. District Designation
   1. -SHOD-1 and -SHOD-2 are located on either side of a Major Access Corridor, Thoroughfare or Arterial, near or adjacent to Metro-Parks, airports, research parks or Wake County Special Highway Overlay Districts, beginning at the outer edge of the right-of-way.
   2. Each Special Highway Overlay District should be 1,000 to 1,500 feet deep, except a lesser distance should be applied where identifiable conditions exist to screen the visibility of motorists.
   3. District boundaries should follow identifiable boundaries whenever possible. However, when a new right-of-way has been established by the Comprehensive Plan, the district boundaries shall be calculated from the newly established right-of-way line.
2. Prohibited Uses
   Off-premise signs are prohibited.
3. Lot Area and Subdivision
   1. The minimum gross site size is 2 acres within the -SHOD-1, except for detached, attached, townhouse and apartment buildings, cottage courts, congregate care facilities and life care communities.
   2. Lots and uses on sites less than 2 acres in size are not to be deemed nonconforming by virtue of this Article.
   3. Uses and lots must be developed in accordance with a unified plan for landscaping, access, parking, loading, lighting, noise and siting of buildings.
4. Protective Yards
   1. In General
      1. If there is a conflict between a protective yard required by a Special Highway Overlay District and a protective yard established by the underlying district, the protective yard with the greater width controls.
      2. Where necessity requires the location of a public or private utility easement adjacent to the Major Access Corridor that prohibits locating the required planting of the protective yard immediately adjacent to the right-of-way, the required protective yard must be provided adjacent to the utility easement.
   2. Protective Yards in -SHOD-1
      1. Any portion of a lot abutting a Major Access Corridor requires a 50-foot protective yard landscaped in accordance with Sec. 5.3.1.F., or on parcels 2 acres and larger in size, the protective yard must be established as tree conservation area in accordance with Article 9.1. Tree Conservation. When 2 Major Access Corridors intersect, the 50-foot wide protective yard applies for the entire length adjoining the Major Access Corridor inside the -SHOD-1.
      2. Any portion of a lot abutting a Major Access Corridor where the property both adjoins and gains access from a public Marginal Access Street and parallel to a Major Access Corridor requires a 25-foot protective yard landscaped in accordance with Sec. 5.3.1.F., or on parcels 2 acres and larger in size, the protective yard must be established as tree conservation area in accordance with Article 9.1. Tree Conservation.
      3. Any portion of a lot abutting a Thoroughfare or Commercial Street, other than a Major Access Corridor, that intersects with and gains access from a Major Access Corridor requires a 50-foot protective yard for a distance of 200 feet from the intersection of the rights-of-way. All protective yards must be landscaped in accordance with Sec. 5.3.1.F., or on parcels 2 acres and larger in size, the protective yard must be established as tree conservation area in accordance with Article 9.1. Tree Conservation.
   3. Protective Yards in -SHOD-2
      1. Any portion of a lot abutting a Major Access Corridor requires a 25-foot protective yard landscaped in accordance with Sec. 5.3.1.F., or on parcels 2 acres and larger in size, the protective yard must be established as tree conservation area in accordance with Article 9.1. Tree Conservation. When 2 Major Access Corridors intersect, the 25-foot wide protective yard must apply for the entire length adjoining the Major Access Corridor inside the -SHOD-2.
      2. Any portion of a lot abutting a Major Access Corridor where the property both adjoins and gains access from a public Marginal Access Street and parallel to a Major Access Corridor requires a 25-foot protective yard landscaped in accordance with Sec. 5.3.1.F., or on parcels 2 acres and larger in size, the protective yard must be established as tree conservation area in accordance with Article 9.1. Tree Conservation.
      3. Any portion of a lot abutting a Thoroughfare or Commercial Street, other than a Major Access Corridor, that intersects with and gains access from a Major Access Corridor requires a 25-foot protective yard for a distance of 200 feet from the intersection of the rights-of-way. All protective yards must be landscaped in accordance with Sec. 5.3.1.F. or on parcels 2 acres and larger in size, the protective yard must be established as tree conservation area in accordance with Article 9.1. Tree Conservation.
5. Height
   1. Height in -SHOD-1
      Buildings and structures cannot exceed the maximum allowed height of the underlying district, or 80’ or 5 stories, whichever is less.
   2. Height in -SHOD-2
      Buildings and structures cannot exceed the maximum allowed height of the underlying district.
6. Planting Requirements in Protective Yards
   1. Required Plant Materials
      All required protective yards shall contain the following plantings.

      	Planting per 100 Lineal Feet
      	SHOD-1	SHOD-2
      Shade Trees
      Deciduous	7	3
      Evergreen	3	2
      Understory Trees	6	3
      Shrubs	32	16
      % Deciduous (max)	40%	40%
      Shrub Alternates	Wall, Fence or Berm	Wall, Fence or Berm

   2. Shade Trees
      1. All required trees must be a locally-adapted species with an expected mature height of 35 feet or greater and an expected mature crown spread of at least 30 feet or greater unless subject to an overhead power line in which case the mature height may be less.
      2. Each deciduous tree must be at least 14 feet in height and have a minimum caliper of 3½ inches at time of planting.
      3. Each evergreen tree must be at least 8 feet in height and have a minimum caliper of 2 inches at time of planting.
      4. Two evergreen trees a minimum of 4½ feet in height when planted may be substituted for each required evergreen tree.
      5. Trees cannot be planted within a tree conservation area or the critical root zone of an existing tree and must be planted at least 15 feet from any other tree and no further than 50 feet from any other tree, measured from tree trunk to tree trunk.
   3. Understory Trees
      1. Understory trees must be a locally-adapted species with an expected mature height of at least 15 feet and an expected mature crown spread of at least 15 feet.
      2. Each understory tree must be a minimum height of 6 feet tall at time of planting.
      3. Trees cannot be planted within a tree conservation area or the critical root zone of an existing tree and must be planted at least 15 feet from any other tree and no further than 50 feet from any other tree, measured from tree trunk to tree trunk.
   4. Shrubs
      1. All shrubs must be locally-adapted species, and when planted must be a minimum height of 24 inches. The expected maintained minimum height of the shrubs must be 5 feet within 3 years of planting.
      2. Shrub planting must form at least 1 continuous row of shrubs spaced 5 feet on center across the entire protective yard except for driveways. Shrubs must be planted outside of and adjacent to any tree conservation area. Shrubs cannot be planted within the critical root zone of any tree in protective yards that are not tree conservation areas.
      3. 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.
      4. 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 berm must 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:
         1. This steeper slope is sufficiently stabilized; and
         2. The landscape objectives of the overlay district are better achieved; and
         3. Physical constraints of the site prevent the use of a flatter slope.
      5. The berm must be planted with ¾ of the required number of shrubs.
      6. Shrubs planted on the berm may have a lesser mature height; provided that the expected combined height of the berm and planting after 3 years is 5 feet.
      7. A berm cannot be built in any protective yard whenever the protective yard is also a tree conservation area.
   5. General
      1. Maintenance of a required protective yard must conform to Sec. 7.2.4.D.
      2. No protective yard may remain denuded or exposed with bare soil.
      3. 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.
7. Existing Vegetation
   1. General
      Where the protective yard basal area is less than 30 square feet per acre 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 30 square feet per acre 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.
      1. 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.
      2. Protected Ground Area
         1. 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.
         2. 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.
      3. 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.
      4. Minimum Tree Requirements
         In no case may credits for preserved trees eliminate the shade and understory tree spacing requirement above; no protective yard may contain less than 1 tree.
   3. Reduction of Shrubs
      The amount of required shrubs may be reduced by 50% if existing trees located in the protective yard meet the space, quantity and specification requirements are at least 25 feet tall and are preserved and protected from encroachments under Sec. 5.3.1.G.2.b.
   4. Supplemental Planting
      Supplemental plantings may be required, if it can be reasonably inferred that after 5 years, the existing vegetation will not meet the requirements of this section. Where such supplemental plantings are required, the plantings must meet the requirements of Sec. 5.3.1.F.
8. Expansions and Additions
   1. General Requirements
      Any new and expanded loading, utility service, and display area, building, structure, surface area of the use or vehicular surface may not locate in any protective yard.
   2. In -SHOD-1
      1. A protective yard at least 12 feet wide and containing 25% of the plantings required in Sec. 5.3.1.F. must be provided on the property if the gross floor area, surface area, vehicular surface area or any combination is increased by 25% of the existing area.
      2. For each additional percent of expansion greater than 25%, an additional 1½ feet of protective yard width and 3% of additional planting material must be added to the initial requirements until 100% of the requirements are met.
   3. In -SHOD-2
      1. A protective yard at least 10 feet wide and containing 40% of the plantings required in Sec. 5.3.1.F. must be provided on the property if the gross floor area, surface area, vehicular surface area or any combination is increased by 25% of the existing area.
      2. For each additional percent of expansion greater than 25%, an additional factor of 6/1o of a foot of protective yard width and 2 4/1o% of additional planting material must be added to the initial requirements until 100% of the requirements are met.
9. Lighting
   1. All outdoor lighting shall be full cutoff.
   2. No exterior lighting may cause illumination in excess of 4/1o maintained footcandle on any lot containing a dwelling, congregate care facility, continuing care retirement community or Residential District.
10. Outdoor Service Facilities
    Any outdoor pay window, drive-in facility, drive-thru facility, automated teller machine or any other outdoor service facility that is located on a lot that abuts a dwelling, congregate care facility, life care community or a Residential District, other than in a street, must be located at least 100 feet away from the abutting property line.