Canandaigua, Town |
Code of Ordinances |
Part II. General Legislation |
Chapter 220. Zoning |
Article VIII. Supplementary Regulations |
§ 220-76. Landscaping and buffering.
Latest version.
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A.Purpose and intent. It is the purpose and intent of this section to:(1)Encourage the landscaping of developments and to dissuade the unnecessary clearing and disturbing of land so as to preserve the natural and existing growth of flora and to replace removed flora or plant new flora indigenous to the region.(2)Establish provisions which will help buffer incompatible uses from each other and provide transition zones between different types of uses.(3)Reduce the effects of wind and air turbulence, heat and noise and the glare of automobile lights.(4)Provide unpaved areas for the absorption of surface waters.(5)Prevent soil erosion and provide shade.(6)Conserve and stabilize property values and to otherwise facilitate the creation of an attractive and harmonious community.(7)Relieve the barren appearance of parking areas.(8)Generally preserve a healthful and pleasant environment for Town residents and visitors.B.Authority. Landscape requirements shall be determined by the Planning Board in the course of their respective reviews of any site plan, special use permit, or planned unit development.C.Landscape techniques. The particular type of landscape treatment required shall be determined by the Planning Board according to the following major types of treatment:(1)Visual separation, including earth-mounding and screen-planting techniques designed to obscure or soften an unattractive or incompatible view.(2)Visual setting, including ground cover and plant materials designed to stabilize the landform and provide an appropriate foreground or setting.(3)Physical separation, including a combination of plant and man-made materials designed to separate distinct land use types or activities.D.Applicable standards. In the application of this section, the Planning Board shall use the following standards:(1)Where any commercial, industrial, or specially permitted use in any district abuts land in any residential district, a strip of land at least 75 feet in width shall be maintained as an open landscaped area in the front yard, side yards and rear yard which adjoins these other districts. Such dimension may be part of the required minimum yard dimensions and is not in addition to the minimum yard dimensions. In any case, the larger buffer, either the minimum required setback or the fifty-foot strip, shall be required.(2)Landscaping required under this section is to be installed and maintained in front, side and rear yards as developed and shall take the form of shade trees, deciduous shrubs, evergreens, well-kept grassed areas and ground cover. One canopy shade tree shall be planted no nearer than 10 feet to any lot line for each 1,250 square feet of required landscaping area; and one deciduous shrub or evergreen shall be planted for each 250 square feet of required landscaped area. All such landscaping shall be maintained in a healthy growing condition with ground cover or grassed areas.(3)Minimum plant size. Unless otherwise specifically stated elsewhere in this chapter, all plant materials shall meet the following minimum size standards:Planting in BufferPlanting SizePlant Material TypeSide or Rear YardsAll Other PlantingsCanopy treeSingle stem10 feet (height)2 1/2-inch caliperMultistem clump6 feet (height)1 1/2-inch caliperUnderstory tree4 feet (height)1 1/2-inch caliperEvergreen tree3 feet (height)5 feet (height)ShrubDeciduous18 inches (height)24 inches (height)Evergreen15 inches (height)12 inches (height)(4)Plant material substitutions. The following plant material substitutions shall satisfy the requirements of this section:(a)In all buffer yards, evergreen canopy or evergreen understory trees may be substituted for deciduous canopy trees without limitations.(b)In all buffer yards, evergreen or conifer shrubs may be substituted for deciduous shrubs without limitation.(5)No landscape feature, including any fence, wall, or solid screen planting more than three feet in height, shall be erected, placed or maintained within the required minimum front yard which obstructs visibility in such a manner as to interfere with the safe movement of vehicular traffic.(6)Plastic or other types of artificial plantings or vegetation shall not be permitted.(7)No permanent impervious surfacing shall be located around the base of any tree or shrub which may impede the growth of the tree or shrub.(8)All shrubs and trees shall be protected from possible damage inflicted by vehicles using the parking area or access drives by means of a raised curb placed at the edge of the pavement or other methods as approved by the Planning Board.(9)Unique natural areas and open spaces such as streams, ponds, marshes, steeply sloped areas and woodlands shall be preserved whenever possible.(10)All plantings shown on an approved site plan or special use permit application shall be maintained in a vigorous growing condition, and plants not so maintained shall be replaced with new plants at the beginning of the next growing season. The owner, tenant, and their agent, if any, shall be jointly and severally responsible for the maintenance of all landscaping, which shall be maintained in good condition, so as to present a healthy, neat and orderly appearance and shall be kept free from refuse and debris.(11)Landscaping shall be installed according to the plan which is approved as described above. Installation shall be completed within six months of the related improvements as defined in the approved application.(12)Where existing topography and/or landscaping provides adequate screening, the Planning Board may modify the planting and/or buffer area requirements.(13)All nonresidential uses must reserve a minimum of 30% of the total lot area in green space and landscaping. In cases where such reservation would impose an undue hardship on the development potential of a site, the Planning Board may modify this requirement.(14)When required by the Planning Board, landscape improvements must be guaranteed by a performance bond, letter of credit, or similar instrument on deposit with the Town of Canandaigua in an amount sufficient to finance complete installation of said improvements. Should landscaping not be completed by the owner, tenant, or lessee pursuant to this section, the Town of Canandaigua or its authorized representative shall be granted the de facto right to enter the premises for the purposes of completion of said landscaping.(15)The following requirements shall pertain to automotive use and parking areas:(a)All nonresidential zones.[1]Parking areas may be located in any yard space for nonresidential uses but shall not be located closer than 30 feet to the edge of the pavement of a road and no closer than 10 feet to any property line, except for property lying within the Route 332 Commercial District Overlay Area.[2]In addition, in all nonresidential zones, automotive uses shall be separated from the streetside property line by a vegetated, landscape buffer strip as required by the following:Average Parking Lot Depth(depth from street line)(feet)Minimum Required Buffer Width(as measured from property line)(feet)100 or less20100.01 to 15025150.01 to 20030200.01 or more35[3]The Planning Board shall have the discretion to modify these buffer strip requirements upon an affirmative vote by 2/3 of the whole Board in cases where the Board determines that the existing building configuration or lot configuration either creates a hardship to the applicant in meeting these requirements, or in those cases where the aforementioned buffer strip requirements do not meet the goals of this section. The Planning Board shall not be obligated to reduce buffer and landscaping requirements for site plans where the site size for the proposed use is insufficient as determined by the standards contained in this chapter.(b)Residential zones. In all residential zones, parking and automotive use areas for nonresidential uses and parking areas for five or more vehicles for residential uses shall not be located in any front yard or any side yard as provided by this chapter. Such front and side yard areas shall be landscaped and vegetated with trees, shrubs, plants and grass lawns or vegetative ground cover.(c)All zoning districts.[1]In all districts, public and private parking lots or automotive use areas containing more than 10 parking spaces shall have at least one shade tree for each 10 parking spaces or portion thereof. Said trees shall be located within the paved area of the parking lot. Each tree shall be installed within a protected planting island with no less than 100 square feet of soil or permeable surface area per tree or within 10 feet of the pavement area. The trees shall be maintained by the owner and/or lessee of the property and shall not be cut down or otherwise removed when the lot is altered or enlarged. Said trees may be moved to another location on the lot upon approval by the Planning Board. Trees and their associated planting areas shall be located so as to provide visual relief and to assure safe traffic patterns of internal vehicular and pedestrian circulation.[2]For parking areas designed for more than 10 cars, a minimum of 5% of the interior of the parking area shall be devoted to landscaping. The arrangement and location of the landscaped area shall be dispensed throughout the parking areas so as to prevent unsightliness and monotony of parking cars.