1. The intent of the landscaping regulations is to provide meaningful and well designed screening and buffering.
2. Tree and shrub plantings should not interfere with the safe vehicular and pedestrian circulation on the site.

1. General
   No permit for the construction, reconstruction, extension, repair or alteration of any building, structure or use of land and no building or land or any part of any building or land, may be occupied or used until landscaping has been provided in accordance with the requirements of this UDO.
2. Additions
   1. A building or site may be renovated or repaired without providing additional landscaping, provided there is no increase in gross floor area or improved site area.
   2. When a building or site is increased in gross floor area or improved site area by up to 25%, landscaping is required for the additional floor or site area only.
   3. When the gross floor area or improved site area is increased by more than 25%, both the existing use and the additional floor or site area must conform to the landscaping requirements of this UDO.
3. Change in Use
   Achange in use does not trigger application of this section except when there is a specific use standard requiring landscaping for the new use.
4. Landscaping Limit
   1. In no case shall required landscaping (parking lot landscaping, protective yards and tree conservation areas) exceed 30% of the total lot area, except in Watershed Protection Overlay Districts.
   2. Where the required landscaping exceeds 30%, the individual requirements can be reduced on a pro rata basis to achieve the 30%.
   3. The required tree conservation areas cannot be reduced by more than 50%.

The Planning Commission or Design Review Commission performing the quasi-judicial duties of the Planning Commission (as designated by the City Council), after conducting a duly noticed quasi-judicial evidentiary hearing in accordance with Sec. 10.2.17., shall approve a design alternate, if all of the following findings are satisfied:

1. The approved alternate is consistent with the intent of the landscape and screening regulations;
2. The approved alternate does not substantially negatively impact the comfort and safety of pedestrians;
3. The approved alternate utilizes other architectural, artistic, or landscaping treatments to create visual interest; and
4. The approved alternate is considered equal to or better than the standard.

1. Transitional Protective Yards
   1. A transitional protective yard is required along perimeter lot lines:
      1. For specific uses as set forth in Section 7.2.4.E. (type as specified); and
      2. Where an IH District abuts any other district other than an IH District a Type B1 or B2 transitional protective yard must be installed.
   2. A transitional protective yard may be replaced with a tree conservation area that meets the requirements of Article 9.1. Tree Conservation.
   3. GSI practices shall be allowed in Transitional Protective Yard Types A2, B1 and B2. In order to accommodate GSI practices the number of shrubs may be reduced in Protective Yards by 10%.
2. Street Protective Yard
   1. A street protective yard is required along the edge of the street right-of-way:
      1. For specific uses as set forth in Section 7.2.4.E. (type as specified); and
      2. For any property zoned IH, a Type C1 or C2 street protective yard must be installed along all property lines abutting a public right-of-way.
   2. A required street protective yard may be replaced with a tree conservation area that meets the requirements of Article 9.1. Tree Conservation
   3. The protective yards in Special Highway Overlay Districts 1 and 2 (Sec. 5.3.1.D.) take the place of any street protective yard required in Sec. 7.2.4.B. below.
   4. GSI practices shall be allowed in Street Protective Yard Types C1, C2, and C3. In order to accommodate GSI practices the number of shrubs may be reduced in Protective Yards by ten (10) percent.
3. Location
   1. Protective yards must be located within the outer perimeter of the lot, parallel to and extending to the property boundary line. A required protective yard must be provided along the entire frontage immediately abutting the property line.
   2. The width of a protective yard is calculated on the average width per 100 feet or portion of protective yard. The minimum width of the protective yard at any one point shall not be less than one-half the required width of the protective yard.
   3. A protective yard may not be located on any portion of an existing, dedicated or reserved public right-of-way.
   4. A protective yard is determined exclusive of any required setback; however, the required protective yard may be located wholly or partially within a required setback.
4. Encroachments
   1. General
      1. No building or structure on the subject site may be located closer than 10 feet to a protective yard.
      2. Breaks for pedestrian and vehicle access are allowed in a protective yard.
      3. The parking of vehicles and the placement of buildings or structures is prohibited in a protective yard. All parking and building setbacks apply.
   2. Walls
      Walls in a protective yard must meet the following.
      1. Walls must be closed and not exceed a maximum height of 8 feet.
      2. Walls shall be compatible with the principal building in terms of texture, quality, material and color.
      3. Walls must be constructed of high quality materials including one or a combination of the following: decorative blocks; brick; stone; cast-stone; architectural block; split-faced block; stucco over standard concrete masonry blocks; or glass block in a structurally safe and attractive condition.
      4. No walls containing more than 50% exposed standard concrete masonry blocks are permitted, whether painted or not.
      5. Alternative wall materials may be approved by the Development Services Director.
      6. No wall can be located within any tree conservation area.
      7. No wall can be located within any City of Raleigh utility easement without prior written approval of the Public Utilities Director.
      8. No wall can be located within any required drainage easement without prior written approval of the Engineering Services Director.
         
         Cross reference: The Public Utilities Director may approve structures within City of Raleigh utility easements, Sec. 8-2012(d).
   3. Fences
      Fences in a protective yard must meet the following.
      1. Fences must be closed and not exceed a maximum height of eight feet.
      2. Fences must be constructed of wood, composite fencing or PVC vinyl with the finished face located towards the adjacent property.
      3. Alternative fence materials may be approved by the Development Services Director.
      4. No fence can be located within any tree conservation area.
      5. No fence can be located within any City of Raleigh utility easement without prior written approval of the Public Utilities Director.
      6. No fence can be located within any required drainage easement without prior written approval of the Engineering Services Director.
         
         Cross reference: The Public Utilities Director may approve structures within City of Raleigh utility easements, Sec. 8-2012(d).
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         	Type A1	Type A2	Type B1	Type B2	Type B3
         Width (avg. min)	6'	10'	20'	35'	35'
         Fence Height (min)	Not allowed	6.5'	Not allowed	6.5'	Not required
         Wall Height (min)	6.5'	6.5'	6.5'	6.5'	Not required
         Shade Trees (min per 100')	Not required	4	4	6	Not required
         Understory Trees (min per 100')	4	4	4	6	Not required
         Shrubs (min per 100')	Not required	Not required	40	60	Not required
         Shrub Height (min)	n/a	n/a	3'	3'	Not required
         Berm	Not allowed	Not allowed	A berm in accordance with Sec. 7.2.4.D.4. may be installed, unless otherwise required. The installation shall not alter the yard width, fence, wall, shade and understory tree requirements	A berm in accordance with Sec. 7.2.4.D.4. may be installed, unless otherwise required. The installation shall not alter the yard width, fence, wall, shade and understory tree requirements	A berm shall be installed in accordance with Sec. 7.2.4.D.4. except the minimum height of the berm shall be 10' measured perpendicular to the crown

   4. Berms
      Where allowed, a berm in a protective yard must meet the following.
      1. A berm cannot be built in any protective yard whenever the protective yard is also a tree conservation area.
      2. Berms shall have a minimum average height of 3 feet, measured perpendicular to the center of the crown.
      3. The berm must contain a rounded crown suitable for planting and a stabilized side slope of no greater than three-to-one. 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. Physical constraints of the site prevent the use of a flatter slope.
      4. The berm shall be planted with ¾ of the required number of shrubs.
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         	Type C1	Type C2	Type C3	Type C4
         Width (avg. min)	10'	15'	10'	35'
         Fence Height (min)	6.5'	Not required	Not required	Not required
         Wall Height (min)	6.5'	Not required	In lieu of planting shrubs, a 3.5' wall may be installed	Not required
         Shade Trees (min per 100')	Not required	4	Not required	Not required
         Understory Trees (min per 100')	Not required	Not required	Not required	Not required
         Shrubs (min per 100')	30	15	30	Not required
         Shrub Height (min)	3'	5'	3.5'	Not required
         Berm	Not allowed	A berm in accordance with Sec. 7.2.4.D.4. may be installed, unless otherwise required. The installation shall not alter the yard width and shade tree requirements	Not allowed	A berm shall be installed in accordance with Sec. 7.2.4.D.4. except the minimum height of the berm shall be 10' measured perpendicular to the crown

      5. In a C2 street protective yard, shrubs planted on a berm may have a lesser mature height; provided that the combined height of the berm and planting after 3 years is 5 feet.
      6. Berms may be permitted to meander and may be permitted to be discontinuous when approved by the Development Services Director.
   5. Grade Change
      1. In lieu of a wall or fence, a natural or man-made grade separation of at least 6 feet in elevation may be provided.
      2. The side slopes of the grade change cannot be greater than three feet of horizontal change for each foot of vertical rise.
      3. The developing property must be located at an elevation lower than the property to be screened and the change in grade achieves a similar screening effect as the wall or fence.
5. Use-Specific Requirements
   1. Animal Care (Outdoor)
      1. A Type A1 or A2 transitional protective yard (see Sec. 7.2.4.A.) must be established along any exterior areas used to exercise, walk, or keep animals that abut a residential use.
   2. Civic Uses in a Residential or Manufactured Housing District- Other than Cemeteries, Colleges, Community Colleges, Universities and Schools, Public or Private (K-12)
      1. A Type A1 or A2 transitional protective yard (see Sec. 7.2.4.A.) must be established along any side of the property abutting a residential use.
   3. Day Care Center in a Residential District
      1. A Type A1 or A2 transitional protective yard (see Sec. 7.2.4.A.) must be established along any side of the property abutting a residential use.
      2.  A Type C2 street protective yard (see Sec. 7.2.4.B.) must be established along all property lines abutting a public right-of-way.
   4. Parking Use Category in all Residential Districts, RX-, OP- and IH Districts
      1. Type A1 or A2 transitional protective yard (see Sec. 7.2.4.A.) must be established along any side of the property abutting a residential use.
   5. Resource Extraction Use Category
      1. A type B3 transitional protective yard with a berm (see Sec. 7.2.4.A.) must be established along all outer perimeter property lines except where the property abuts an IH District or is used for industrial uses listed in Article 6.5. Industrial Uses.
      2. For lawful resource extraction facilities established prior to September 1, 2013 that adjoin uses other than household living as listed in Sec. 6.2.1., existing woodland vegetation at least 25 feet in width may be used, in whole or in part, to satisfy the transitional protective yard, provided any gap in woodland vegetation 20 feet or more in width shall be planted with evergreen hollies that have a mature height of at least 25 feet tall.
      3. A type C4 street protective yard with a berm (see Sec. 7.2.4.B.) must be established along all property lines abutting a public right of-way.
      4. Except for properties in an IH District or used for industrial uses listed in Article 6.5. Industrial Uses, there shall be provided between overburden storage areas and adjoining properties not owned or leased by the operator, (a) walls, closed fences, berms or any combination equal or greater in height than the height of the overburden or (b) planted vegetation containing the following characteristics:
         1. Newly planted landscaping shall be of the following varieties: loblolly pine, genetically improved stock, Japanese cryptomeria ‘Yoshino’ and ‘Nellie Stevens’ holly;
         2. Newly planted pine trees shall be planted double filed with a linear triangle configuration with 20 foot spacing. Yoshino and Nellie Stevens shall be installed in the middle of the tree plantings, with at least 25 percent of each variety being planted; and
         3. The planted pine trees shall be at least 6 feet tall and the planted Yoshino and Nellie Stevens shall be at least 4 feet tall.
      5. Existing woodland vegetation, at least 25 feet in width, which meets or exceeds the screening characteristics of the planted material may be used, in whole or in part, to satisfy the vegetative planting requirements.
      6. If planted or existing vegetation is used to screen the overburden, the overburden may not exceed a height of 70 feet or other City ordinances, whichever is more stringent.
      7. A property shall be considered “adjoining” if it is separated from the area where overburden is deposited by a street right-of-way 100 feet wide or less.
      8. Upon the completion of any deposit of overburden material in any area, the deposit shall be covered with grass or other ground cover.
   6. School, Public or Private (K-12) in a Residential District
      1. A Type A1 or A2 transitional protective yard (see Sec. 7.2.4.A.) must be established along any side of the property abutting any residential use.
      2. A Type C2 street protective yard (see Sec. 7.2.4.B.) must be established along all property lines abutting a public right-of-way.
   7. Self-Service Storage Facility in an CX- District
      1. A Type A1 or A2 transitional protective yard (see Sec. 7.2.4.A.) must be established along all shared property lines, except for an adjacent self service storage, heavy industrial use, waste-related service or residential use.
      2. A Type B1 or B2 transitional protective yard (see Sec. 7.2.4.A.) must be established along all shared property lines abutting a residential use.
      3. A Type C1 or C2 street protective yard (see Sec. 7.2.4.B.) must be established along all property lines abutting a public right-of-way.
   8. Self-Service Storage Facility in an IX- District
      1. A Type A1 or A2 transitional protective yard (see Sec. 7.2.4.A.) must be established along all shared property lines, except for an adjacent self service storage, heavy industrial use, waste-related service or residential use.
      2. A Type B1 or B2 transitional protective yard (see Sec. 7.2.4.A.) must be established along all property lines abutting a residential use.
      3. A Type C1 or C2 street protective yard (see Sec. 7.2.4.B.) must be established along all property lines abutting a public right-of-way.
   9. Self-Service Storage Facility in an OP- District
      1. A Type B1 or B2 transitional protective yard (see Sec. 7.2.4.A.) must be established along all property lines abutting a residential use.
   10. Telecommunication Tower (less than 250 feet)
       1. The area adjoining street rights-of-way shall contain a Type C1 or C2 street protective yard (see Sec. 7.2.4.B.) installed parallel to the street right-of-way. No protective yard is required along street frontage located a distance from the tower of more than 200% of the tower height.
       2. A protective yard that contains the same plantings required in a Type B1 or B2 transitional protective yard (see Sec. 7.2.4.A.) must be installed within all the yard areas required by Sec. 6.3.3.C.2.d.i.b) and Sec. 6.3.3.C.2.d.i.c). The installation of any fence, wall, planting or berm shall not reduce or lessen this requirement.
   11. Telecommunication Tower (250 feet and more)
       1. The area adjoining street rights-of-way shall contain a Type C1 or C2 street protective yard (see Sec. 7.2.4.B.) installed parallel to the street right-of-way. No protective yard is required along street frontage located a distance from the tower of more than 200% of tower height.
       2. A protective yard that contains the same plantings required in a Type B1 or B2 transitional protective yard (see Sec. 7.2.4.A.) must be installed within all the yard areas required by Sec. 6.3.3.D.2.d.ii. or Sec. 6.3.3.D.2.d.iii. The installation of any fence, wall, planting or berm shall not reduce or lessen this requirement.
   12. Towing Yards for Vehicles
       1. A Type B1 or B2 transitional protective yard (see Sec. 7.2.4.A.) must be established along all shared property lines, except for an adjacent heavy industrial use or waste- related service.
       2. A Type C1 or C2 street protective yard (see Sec. 7.2.4.B.) must be established along all property lines abutting a public right-of-way.
   13. Vehicle Fuel Sales (including gasoline and diesel fuel) in a NX-, CX-, DX or IX- District
       1. Where a fuel pump island is located within 100 feet of a Residential District or a residential use, a Type 2: Medium protective yard, in accordance with Sec. 3.5.3, must be established along the side or rear property lines if the property abuts a Residential District or a residential use. The protective yard must include a wall at least 6.5 feet in height.
   14. Vehicle Repair (Commercial Vehicle, Major and Minor) except in IX- and IH- Districts
       1. A Type A1 or A2 transitional protective yard (see Sec. 7.2.4.A.) must be established along all property lines abutting a residential use.
   15. Vehicle Sales Use Category except in IH- District
       1. A Type A1 or A2 transitional protective yard (see Sec. 7.2.4.A.) must be established along all property lines abutting a residential use.
       2. All vehicular display area with frontage on any portion of a street right-of of way (not including an alley) must be screened along the street edge by a Type C3 street protective yard under Sec. 7.2.4.B.
   16. Warehouse and Distribution Use Category except in IH-District
       1. A Type B1 or B2 transitional protective yard (see Sec. 7.2.4.A.) must be established along all shared property lines, except for an adjacent warehouse and distribution use, heavy industrial use or waste-related service.
       2. A Type C1 or C2 street protective yard (see Sec. 7.2.4.B.) must be established along all property lines abutting a public right-of-way.

1. Drive-Thru Facilities
   Where allowed, drive-thru windows and lanes must be designed to adhere to the following standards:
   1. In the DX- District and on any Urban Frontage, drive-thru windows and lanes may not be placed between the right-of-way of the street and the associated building. Drive-thru windows and lanes associated with buildings must be placed to the side or rear of the building.
   2. Where drive-thru windows and lanes are allowed to be placed between the right-of-way of the street and the associated building, the entire length of the drive-thru lane, located between the drive-thru lane and the adjacent right-of-way (not including an alley), must be screened.
   3. Screening must be a continuous compact evergreen hedge. At the time of installation, such screening must be at least 36 inches in height and reach a height of 48 inches within 3 years of planting.
   4. The following options may be used in lieu of compact evergreen hedge: (1) a combination of plants within GSI practices proposed to be part of an approved stormwater management plan and evergreen plants outside such GSI practices that together, at the time of planting, provide screening at least 36 inches above the level of the ground adjacent to the GSI practice, and reach a height at least 48 inches above adjacent ground level within 3 years of planting; or (2) a screening wall with a minimum height of 48 inches may be installed. The wall must be compatible with the principal building in terms of texture, quality, material, and color.
   5. No drive-thru window is permitted on the side of a building facing any Residential District.
2. Loading Areas
   1. Outdoor loading areas 50 square feet or larger not screened by an intervening building must be screened from view from adjacent property or public street right-of way for their entire length.
   2. Enclosed loading areas must be screened with a roll down door or other opaque screen.
   3. Unenclosed loading areas must be screened by a wall totaling 8 feet in height. Walls shall be compatible with the principal building in terms of texture, quality, material and color.
   4. Planting material must be provided so that no more than two-thirds of the surface area of the screening wall is visible at the time of maturity of the plants.
   5.  Screening may also be accomplished with evergreen plant material that can be expected to reach a height of 8 feet with a spread of 4 feet within three years of planting.
3. Service Areas
   1. Trash collection, trash compaction, recycling collection and other similar service areas shall be located to the side or rear of buildings and must be screened from view from adjacent property or public street right-of-way (not including an alley).
   2. Service areas that are fully integrated into a building must be screened with a roll down door or other opaque screen.
   3. Service areas that are not integrated into a building shall be screened from three sides by a wall at least 6 feet in height and on the fourth side by a solid gate at least 6 feet in height. The gate and wall shall be maintained in good working order and shall remain closed except when trash pick-ups occur. The wall and gate shall be compatible with the principal building in terms of texture, quality, material and color.
4. Mechanical Equipment
   1. Exemptions
      The following types of equipment are exempted from these screening requirements:
      1. Free-standing or roof-mounted sustainable energy systems; and
      2. Mechanical equipment associated with a single-unit living, two-unit living or townhouse building type used for multi-unit living.
   2. Roof-Mounted Equipment
      1. Roof-mounted equipment shall be screened from ground level view from adjacent property or adjacent public street right-of-way (not including an alley).
      2. New buildings shall provide a parapet wall or other architectural element that screens roof-mounted equipment from view.
      3. For existing buildings with no or low parapet walls, roof-mounted equipment shall be screened on all sides by an opaque screen compatible with the principal building in terms of texture, quality, material and color.
   3. Wall-Mounted Equipment
      1. Wall-mounted equipment shall not be located on any surface that directly faces a public right-of-way (not including an alley).
      2. Wall-mounted equipment located on any surface that is visible from a public right-of-way (not including an alley) must be fully screened by landscaping or an opaque screen compatible with the principal building in terms of texture, quality, material and color.
   4. Ground-Mounted Equipment
      1. Ground-mounted equipment screening shall be as high as the highest point of the equipment being screened.
      2. Screening shall consist of landscaping or an opaque screen compatible with the principal building in terms of texture, quality, material and color.
5. Utility Service Areas
   1. Utility service areas located outside of the public right-of-way that exceed 42 inches in height and 42 inches in any other dimension must be screened from the public right-of-way.
   2. Screening shall consist of landscaping or a wall or fence compatible with the principal building in terms of texture, quality, material and color.
   3. Utility service areas must be located an adequate distance from the public right-of-way to allow for any required screening to be installed without encroaching into the public right-of-way.
   4. Screening is not required for utility service areas located more than 50 feet from the public right-of-way.
6. Parking Structures
   1. Applicability
      1. Any façade facing towards, and located within 150 feet, of any of the following areas shall have openings screened with active uses or screening elements:
         1. Public street
         2. Off-site public park
         3. Off-site amenity area
         4. Residential district
         5. Residential use
      2. For properties zoned DX-, or with a Shopfront or Urban General Frontage, or -TOD, all facades shall have openings screened with active uses or screening elements.
   2. Allowable Screening Elements
      1. Allowable screening elements include mesh, tensile fabric, perforated or decorative panels, tinted or sandblasted opaque spandrel glass, or materials compatible with the associated principal building in terms of texture, quality, material and color.
      2. Mesh or perforated screening elements shall have a maximum open area of 40%. Chain link fencing shall be prohibited as an allowable mesh or similar screening element.
      3. Non-residential buildings, walls, or fences, located on-site, and within 30 feet of the parking structure façade, shall qualify as allowable screening elements.
      4. Alternative screening elements such as a green walls or louvers may be considered as part of a design alternate (see Section 7.2.3.)
   3. Design Standards
      1. Screening elements shall have a gap of no more than 18 inches from the frame of the screening element to the wall opening.
      2.  For parking structures located on properties not zoned DX-, or with a Shopfront or Urban General Frontage, or -TOD, screening elements may have a maximum lateral spacing of no more than 18 inches.
      3. On all levels where parking is provided adjacent to an exterior wall of the parking structure, all façades shall have exterior opaque walls a minimum height of 42 inches above any finished grade and any finished floor.
   4. Exemptions
      The following openings are not required to be screened:
      1. Vehicular ingress and egress openings at a maximum width of 30 feet for two driveways.
      2. Vehicular ingress and egress openings at a maximum width of 40 feet for three or more driveways.
      3. Pedestrian access openings at a maximum width of 8 feet.
      4. Openings required by Section 903.2.11. of the Fire Code.

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1. Applicability
   All stormwater retention ponds and detention basins permitted, constructed or modified to a cumulative extent greater than 50% of their original size shall be screened for their entire length as set forth in Sec. 7.2.6.C. When amenity features are provided as set forth in Sec. 7.2.6.B., no screening of the stormwater control facility is required.
2. Amenity Provisions
   Permanent stormwater retention ponds and detention basins may be supplemented with certain features which enable the facility to function as an amenity in addition to its primary function as a stormwater device. In situations where amenity features are provided consistent with these provisions, no screening of the stormwater control facility from on-site or off-site views shall be required. In the event a permanent stormwater retention pond or detention basin loses a feature by which the facility qualifies as an amenity, the feature shall be restored within 30 days or the facility shall be subject to the screening provisions listed in Sec. 7.2.6.C.
   1. Basic Amenity Features
      To qualify as an amenity, the following basic amenity features must be provided within any stormwater control facility.
      1. Integration of the permanent stormwater retention pond or detention basin into the design of public areas within the site or development through the use of appropriate placement, common building materials, textures, features or other treatments intended to lend architectural significance to the stormwater control facility. For the purposes of this section, "integration" shall mean at least two of the following 3 elements:
         1. Proximate placement of the stormwater facility to the principal structure;
         2. Provision of pedestrian access to the facility through installation of a delineated walk or trail from the principal structure; or
         3. Utilization of similar planting materials and building materials as used in the principal structure.
      2. No fence may be installed around the permanent stormwater retention pond or detention basin that acts to prevent pedestrian access to the facility from the site or development where it is located; in cases where a fence is needed to restrict access, the fence shall be screened in accordance with the screening provisions described in Sec. 7.2.6.C.
      3. Rock riprap or other "hard armoring" is limited to 10% or less of the entire surface area of the stormwater control facility above the low pool line.
      4. Permanent stormwater retention ponds and detention basins must incorporate features designed to reduce mosquito populations through provision of non-chemical mosquito mitigation measures, including but not limited to: cyclical alteration of the pond level, installation of aeration/agitation features to disrupt larval growth, providing nesting boxes for mosquito-predacious birds or bats or stocking ponds with mosquito-predacious fish (e.g. Gambusia affinis holbrooki).
   2. Supplemental Amenity Features
      In addition to the basic requirements described above, a permanent stormwater retention pond or detention basin must also provide supplemental features to be considered an amenity. The types of supplemental amenity features differ based upon the type of stormwater control facility.
      1. Permanent Retention (Wet) Ponds To be considered as an amenity feature, permanent retention ponds must;
         1. Retain water within a permanent pool;
         2. Maintain slopes of 4:1 or shallower to a distance of 10 feet below the median pool line (beyond which slopes may become steeper); alternatively, a retaining wall may be incorporated into a portion of the facility, provided the design of walls are compatible with the principal building in terms of texture, quality, material and color;
         3. Include horizontal curves or other sculptural elements within the shape of the facility so as to avoid a simple square or round shape; and
         4. Provide at least two of the following 4 features:
            1. Inclusion of an active water feature (i.e., aerator/fountain/ waterfall) within or adjacent to a permanent pool;
            2. Pedestrian access trails to and around the stormwater control facility from the existing proposed pedestrian network associated with the site or development. Trails are not required to meet the minimum specifications for sidewalks or multipurpose trails as described within the City's standard specifications and details and may be constructed of any discernible, leveled, and stable surface material, including but not limited to: brick or masonry, gravel, mulch, wood chips, mowed grass or low groundcover;
            3. Provision of riparian plant materials throughout the stormwater control facility to prevent erosion and add visual interest and additional perimeter plantings consisting of at minimum 3 understory trees or 2 shade trees totaling 8 inches in caliper at time of planting, and four shrubs for every 100 linear feet equivalent to the pond's maximum pool circumference and located no more than 75 feet from the pond's maximum pool line; or
            4. Inclusion of other permanent, pedestrian-oriented features,including but not limited to: seating, dining tables and mounted trash cans, in areas around or proximate to the stormwater control facility.
      2. Detention (Dry) Basins
         To be considered as an amenity feature, detention ponds must:
         1. Not contain water on a permanent basis;
         2. Provide a 100% vegetative cover capable of withstanding extended periods of inundation, except in spaces designed for specific recreational uses (e.g., baseball fields);
         3. Maintain slopes of 4:1 or shallower; alternatively, a retaining wall may be incorporated into a portion of the facility, provided the design of provided the design of walls are compatible with the principal building in terms of texture, quality, material and color; and
         4. Provide at least 2 of the following 3 features:
            1. Pedestrian access trails to the stormwater control facility from the existing and/or proposed pedestrian network associated with the site or development. Trails are not required to meet the minimum specifications for sidewalks or multipurpose trails as described within the City's standard specifications and details and may be constructed of any discernible, leveled, and stable surface material, including but not limited to: brick or masonry, gravel, mulch, wood chips, mowed grass;
            2. Inclusion of other permanent, pedestrian-oriented features, including but not limited to: seating, dining tables and mounted trash cans, in areas around or proximate to the stormwater control facility; or
            3. Grading and slopes of 8:1 or shallower which will allow utilization of the facility as an area for recreation when not in use as a detention facility (except on the dam structure and as is necessary to tie the dam back to existing grades); alternatively, a retaining wall may be incorporated into a portion of the facility, provided the design of walls are compatible with the principal building in terms of texture, quality, material and color.
   3. Incentives
      When a permanent stormwater retention pond or detention basin provides amenity features in compliance with the minimum requirements of this UDO, then the following provisions may also apply:
      1. The permanent stormwater retention pond and detention basin and related facilities, including amenity features, may be placed within required landscaping areas, including but not limited to: street protective yards, transitional protective yards and parking lot landscaping areas, (except in tree conservation areas adjoining thoroughfares, within areas zoned for resource management, tree protection areas and in natural protective yards); and
      2. When a permanent stormwater retention pond or detention basin is located within a required landscaping area, the portion of land associated with or adjacent to the stormwater control facility is only required to meet 80% of the minimum planting requirements of the required landscaping area.
3. Screening Requirements
   When amenity features are not provided as set forth in Sec. 7.2.6.B., screening of the stormwater control facility is required as set forth below.
   1. All vegetative screening shall be 75% locally-adapted evergreen species.
   2. All vegetative material shall be planted so as to attain a screen occupying at least 75% of a vertical plane around the perimeter of the facility to an average mature height of 6 feet above grade.
   3. Screening shall be required around the base of the dam structure (as applicable), but not on the dam structure, with those plant materials in immediate proximity to the dam characterized by shallow, non-invasive root systems.
   4. Screening shall not be required within required facility inlets or facility outlets or within a maintenance access path provided that such path does not exceed 12 feet in  width; in all other instances, at an average mature height of planting, the maximum open horizontal space between vegetative screening materials shall not be more than 2 feet in width.
   5. Vegetative material composing the screen shall be selected and installed so as to exhibit variety in texture, color, spread and height by using ornamental or deciduous shade trees in combination with evergreen materials.
   6. In some cases, vegetative material may be placed in clusters or groups to add additional visual interest as well as to achieve intermittent levels of vertical height; and
   7. In situations where the stormwater control facility utilizes a fence, all vegetative material associated with screening the facility shall be located outside the fence.
   8. In situations where a fence and gate are proposed, the fence and gate shall be colored black, forest green, dark brown or similar dark color, unless the fence is constructed of masonry, wood or similar natural material, in which case it may be left to weather naturally.

1. Certificate of Compliance Required
   1. The Development Services Director cannot issue a certificate of compliance until all landscaping has been installed in accordance with the requirements of this UDO.
   2. A temporary certificate of compliance may be issued when the Development Services Director determines that due to the unavailability of plant material or weather concerns, planting landscaping would jeopardize the health of plant materials for a period of up to 1 year following the date of application for a certificate of compliance. The applicant shall make the following arrangements to secure a temporary certificate of compliance.
      1. Produce a contract binding for 1 year from the date approved by the City, for the completion of the landscape work. Such contract shall specify that the work shall be completed before or during the year immediately following the date of application for a certificate of compliance. The City shall not be a party or a third party beneficiary to the contract.
      2. The applicant shall also agree in writing that they, their successors or assigns, shall provide the required planting within the one-year period, as a condition for obtaining a certificate of compliance for the principal use so long as the principal use shall continue. The applicant shall also agree that the principal use shall be discontinued if the required planting is not provided. Violations of these provisions shall constitute an unauthorized illegal occupancy of the principal use.
2. Sight Triangle
   1. Landscaping shall not obstruct the views of motorists using any street, driveway, parking aisles or the approach to any street intersection.
   2. All landscaping installations must comply with the sight triangle requirements of the Raleigh Street Design Manual.
3. Plant Material
   1. General Provisions
      1. Plant materials must be hardy to zone 7 in accordance with the U.S. Department of Agriculture's Plant Hardiness Zone Map.
      2. Plant materials must be able to survive on natural rainfall once established with no loss of health.
      3. Tree height is measured from the top of the root ball to the tip of the main stem.
      4. Trees cannot be planted within a tree conservation area or the critical root zone of an existing tree.
   2. Shade Trees
      1. All shade trees planted to meet the landscaping requirements 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. All shade trees planted to meet the landscaping requirements must have a minimum caliper of 3 inches and be at least 10 feet tall at time of planting.
   3. Understory Trees
      1. Understory trees planted to meet the landscaping requirements 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. Single-stem understory trees planted to meet the landscaping requirements must have a minimum caliper of 1½ inches and be at least 6 feet tall at time of planting.
      3. Multi-stem understory trees planted to meet the landscaping requirements must be at least 6 feet tall at time of planting.
   4. Additional Requirements for Trees in a Protective Yard
      1. In a protective yard, 50% of required trees shall be locally-adaptive evergreen species, except where an approved GSI practice is within a protective yard.
      2. Trees shall be distributed so that there are no horizontal gaps between trees greater than 30 feet, measured along the property line.
   5. Shrubs
      1. Parking Area
         In a parking area, all shrubs planted to meet the landscaping requirements shall be of a species that under typical conditions can be expected to reach a height and spread of 3 feet within three years of planting. All shrubs shall be a minimum of 18 inches tall when planted.
      2. Protective Yard
         1. In a protective yard, all shrubs planted to meet the landscaping requirements shall be evergreen and be of a species that under typical conditions can be expected to reach a height and spread of three feet within 3 years of planting. All shrubs shall be a minimum of 18 inches tall when planted.
         2. Shrubs planted in a Type C2 street protective yard shall be of species that under typical conditions can be expected to reach a height and spread of 5 feet within three years of planting. All shrubs shall be a minimum of three feet tall when planted.
         3. In a street protective yard, shrub planting must form at least 1 continuous row of shrubs spaced five feet on center across the entire protective yard except for driveways.
         4. Shrubs cannot be planted within the critical root zone of any tree.
         5. Where a protective yard is also a tree conservation area, shrubs must be planted adjacent to and outside the tree conservation area.
         6. To accommodate multi-functional GSI practices as part of an approved stormwater management plan, the number of shrubs may be reduced in Protective Yards by 10%, non-evergreen species may be used in lieu of up to 35% of evergreen shrubs, and all shrubs may be 24 inches when planted.
   6. Planting in Easements
      No required landscaping or screening shall be planted inside utility and drainage easements, excluding overhead easements, without the consent of the City and the easement holder.
4. Maintenance of Landscaping
   1. Responsibility
      The owner or tenant is responsible for maintaining all required landscaping in good health. Any dead, unhealthy or missing landscaping must be replaced with landscaping that conforms to this UDO within 30 days (or within 180 days where weather concerns would jeopardize the health of plant materials). In the event that required landscape is severely damaged due to an unusual weather occurrence or other act of nature, the owner or tenant may have 2 years to replace the required landscaping.
   2. Soil Erosion
      All planting areas must be stabilized from soil erosion immediately upon planting and must be maintained for the duration of the use.
   3. Pruning and Trimming
      1. All required landscaping shall be allowed to reach its required size and shall be maintained at that required size.
      2. Except for trimming and pruning done in strict accordance with the terms, conditions and provisions of a permit issued by the Parks and Cultural Resources Department or pruning and trimming done under an issued permit in strict accordance with the line clearance policies and standards governing such activities established pursuant to Part 9, chapter 8, required landscaping shall not be cut or excessively trimmed or otherwise damaged so that their natural form is impaired.
      3. A violation of this section shall subject the violator to a civil penalty of a minimum of $1,000 for the first tree plus $100 per caliper inch of any other tree unlawfully pruned damaged or excessively trimmed.
      4. This civil penalty shall be processed as set forth in Sec. 10.4.2. In addition to this civil penalty, if more than 50% of the crown of a tree is removed within a continuous five-year period or more than 40% of the critical root zone of the tree is subjected to tree disturbing activity or if more than one-third of the circumference of the tree is exposed by pruning cuts, the owner of real property, where a violation has occurred, shall replace each unlawfully pruned or other mechanically wounded, damaged, excessively trimmed or removed tree with a tree or trees of equal diameter.
      5. Any replacement tree shall have a minimum caliper of three inches and be at least 10 feet tall at time of planting. Any replacement tree not planted in the original location shall be planted in a planting area of at least 200 square feet in area with minimum dimension of 10 feet.
      6. If the property of which the violation has occurred fails to contain sufficient land area to replant the required replacement trees and replacement trees cannot be planted on adjoining street right-of-way, then in lieu of such replacement trees, a fee equal to $100 per caliper inch of replacement trees shall be paid to the City.
      7. The Parks and Cultural Resources Director may require crown restoration and crown reduction for any unlawfully pruned damaged or excessively trimmed tree. All such corrective pruning shall be done under the supervision of a certified arborist.
   4. Excessively Trimmed
      The pruning, cutting or otherwise damaging of the natural form of a tree when it meets one or more of the following.
      1. Removes more than 25% of the crown system of a tree within a continuous 5-year period.
      2. Removes, cuts or covers more than 25% of the root system of a tree within a continuous five-year period.
      3. Fails to conform to the pruning cuts methods set forth in the current edition of "Tree, Shrub and Other Woody Plant Maintenance—Standard Practices" of the American National Standards Institute.
      4. Is made for a purpose other than "hazard pruning," or "utility pruning," or "maintenance pruning" as set forth in the current edition of "Tree, Shrub and Other Woody Plant Maintenance—Standard Practices" of the American National Standards Institute.
      5. Is crown reduction, heading, vista pruning or pollarding as set forth in the current edition of "Tree, Shrub and Other Woody Plant Maintenance— Standard Practices" of the American National Standards Institute.
5. Credit for Existing Vegetation
   1. Existing trees and shrubs that meet the requirements of this Article may be preserved to satisfy the landscaping requirements.
   2. Credit toward the required number of trees or shrubs will be given on a tree-for-tree basis for each preserved tree or shrub. Where existing native vegetation does not meet the required landscaping standards, landscaping that meets the requirements of this Article must be installed.
   3. No credit is allowed for any tree or shrub if the tree or shrub is unhealthy or dead or is hazardous. The death of or replacement of any preserved tree or shrub 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 Article.
   4. In the event that existing native habitat or vegetation has been credited and is subsequently removed or dies, it shall be replaced with landscaping that meets the requirements of this Article.
   5. Supplemental landscaping may be required, if it can be reasonably inferred that after five years, the existing native habitat or vegetation will not continually provide a year-round foliage screen between properties.
   6. The critical root zone of each preserved tree must be entirely protected with no tree disturbing activity within any critical root zone.
   7. During construction, tree protection fences must be used.
6. Replacement by Condemnor
   Whenever any condemnor acquires property through eminent domain it shall be the responsibility of the condemnor to replace, in accordance with the provisions of this UDO, those complying elements which were removed unless a less stringent standard is required.

1. Applicability
   The following requirements apply to walls and fences located outside of a protective yard or required screening area.
2. General Standards
   1. Fences and walls must be constructed of high quality materials including 1 or a combination of the following: decorative blocks; brick; stone; cast-stone; architectural block; split-faced block; stucco over standard concrete masonry blocks; glass block; wood; wrought iron; composite fencing; wire; PVC vinyl; aluminum; or metal.
   2. No wall or fence can be located within any tree conservation area.
   3. No wall or fence can be located within any City of Raleigh utility easement without prior written approval of the Public Utilities Director.
   4. No wall or fence can be located within any required drainage easement without prior written approval of the Engineering Services Director.
   5. Barbed wire or concertina wire may be allowed in accordance with Sec. 13-3011.
   6. Except in an IH district, chain-link fences are not allowed in any front or side street setback.
   7. The maximum length of a continuous, unbroken and uninterrupted fence or wall plane shall be 100 feet. Breaks shall be provided through the use of columns, landscaped areas, transparent sections or a change in material.
   8. Except in an IH district, a wall or fence not more than 6 and one half feet in height may be located in a front or side street setback, provided the opacity of the wall or fence above 4 feet in height does not exceed 50%.
   9. A wall or fence may not exceed 8 feet in height in a side or rear setback unless it is located adjacent to a street, in which case it may be no more than 6 and one half feet in height, provided the opacity of the wall or fence above 4 feet in height does not exceed 50%.
      
      Cross reference: The Public Utilities Director may approve structures within City of Raleigh utility easements, Sec. 8-2012(d).
3. Fences and Walls Adjacent to Thoroughfares
   1. A fence or wall located within 20 feet of a Thoroughfare right-of-way shall either be less than 42 inches in height or situated at least 15 feet from the edge of the right-of-way and be screened with evergreen planting materials, so that no more than one-fourth of the fence or wall surface area will be visible from the Thoroughfare within 3 years of erection of the fence or wall.
   2. All fences and walls that are more than 42 inches in height and are located between 20 and 40 feet from any Thoroughfare right-of-way shall be installed with planting materials, so that no more than one-third of the fence or wall surface area will be visible from the Thoroughfare within three years of erection of the fence or wall. 40% of this plant material may be deciduous. Decorative fences that are more then 50% open shall be exempt from these provisions.
4. Retaining Walls
   Retaining walls that are generally parallel to, facing towards, and located within 30 feet of any public right of way shall be required to adhere to the following.
   1. A freestanding retaining wall may not exceed a continuous, uninterrupted height of 10 feet above grade or adjacent curb level (or if no curb exists, from the center crown of the street), whichever is higher. Average grade shall not be applied in determining the maximum height in this instance. Additional height above 10 feet may be permitted, provided the wall contains a minimum 2-foot step back for each additional 10 feet of wall height. A type C2 Street Protective Yard shall be required for any freestanding retaining wall of at least 10 feet in height. Where the retaining wall gains additional height with a step back, the step back area shall provide the quantity of shrubs equal to a type C3 Street Protective Yard.
   2. This regulation shall not apply to walls associated with culverts or stream crossings or to transportation improvements, such as bridge overpass structures for streets or railroads.
5. Building Foundation Walls
   A building foundation wall that is integrated into an apartment, general, civic, or mixed use building type and facing any public right of way must meet the following standards:
   1. The blank wall standards enumerated for the building type shall include the building foundation wall.
   2. When the building foundation wall is located within 30 feet of any public right of way, it shall have a maximum height of 5 feet above grade. Average grade shall not be applied in determining the maximum height in this instance.
   3. The building foundation wall shall be constructed or finished with the same primary materials as the building.
   4. Building foundation walls within 30 feet of a right of way may exceed 5 feet in height if any of the following treatments are applied. Treatments must cover 75% of the building foundation wall area, either singularly or collectively. Maximum height, including treatments, may not exceed 8’. All treatments must be located within 4 feet of the foundation wall unless integrated or connected thereto:
      1. Foundation planting—Except for DX-, -TOD overlay areas, Shopfront, Urban General, and Urban Limited frontages, a 3-foot-tall evergreen shrub planted at a rate of 3 shrubs per 10 feet. Species must meet the requirements of Section 7.2.7.
      2. Planter – A permanent planter of not more than 4 feet in height. Maximum spacing between planters shall be no more than 5 feet and planted and maintained with species that meet the requirements of Section 7.2.7.
      3. Access — Any portion of a stairway or ramp that is less than 4 feet in height providing access to a street-facing entrance. Stairs and ramps may exceed 4 feet in height, however, any portion above 4 feet in heightbshall not qualify as a treatment described herein.
      4. Seating – A permanent structure intended for seating between 18 inches and 3 feet in height and a minimum of 18 inches deep. Seating shall be a minimum of 5 feet and a maximum of 30 feet in length. In no instance shall seating exceed 50% of the linear length of the foundation wall. Seating must be accessible to the pedestrian.
      5. Transit Improvements – Transit improvements accepted by the City of Raleigh.

1. Intent
   Infill construction can introduce potential negative effects on surrounding developed properties, especially when property lines are not clearly delineated. Where new construction has been permitted that involves trenching, excavation, or any other type of construction that disturbs land, a bright orange construction safety/barrier fence shall be installed to highlight the extent of construction activities of the affected area.
2. Applicability
   Construction Safety Barrier fencing shall be required when:
   1. New construction activity adjacent to property zoned R-1, R-2, R-4, R-6 or R-10 disturbs more than 12,000 square feet of land area; or
   2. New construction activity occurs within 10 feet of the property line of an adjoining developed property zoned R-1, R-2, R-4, R-6 or R-10. A construction safety barrier fence shall not be required on the developing property when the adjacent property is owned by the same entity or person.
3. General Standards
   1. The construction safety barrier fencing shall be installed prior to the start of any land disturbing, demolition or construction activity on the property.
   2. The construction safety barrier fence shall be orange in color and a minimum height of four feet.
   3. The construction safety barrier fence shall be installed on the developing property and located one foot off the property line directly adjacent to the construction activity.
   4. A sign shall be posted on the construction safety barrier fence stating "Adjacent Property/No Trespassing," in both Spanish and English.
   5. The construction safety barrier fencing may be temporarily removed during the construction process provided it is replaced at the end of each day.
   6. If a silt fence is required along the property line the construction safety barrier fencing is not required.
   7. The construction safety barrier fencing shall be maintained in proper condition and remain in place until the construction is completed and a Certificate of Occupancy has been issued.