MCCOMB PLANNING COMMISSION
1ST
PUBLIC HEARING August 16, 2004
PROPOSED LANDSCAPING ORDINANCE
FOR MCCOMB DEVELOPMENT CODE
3.13.02 Purpose and
Applicability:
(1) The purpose and intent of this article is to:
(a) Assist in providing adequate light and air;
(b) Prevent erosion and siltation and aid in the absorption of air pollutants
through conservation of trees and other vegetation;
(c) Provide visual buffering and enhance the beatification of the City of McComb;
(d) Safeguard and enhance property values and protect public and private
investment;
(e) Provide habitat for living things that might not otherwise be found in the
urban environs; and, protect the quality of water resources from future
degradation by maintaining vegetative cover and controlling disturbance of
vegetation.
(2) The requirements of this Part shall apply to all uses for which site plan
approval is required by this Ordinance.
3.13.02a; Protection of Trees in Commercial
Developments:
(1) Intent, It is the intent of this section to minimize the removal of
protected trees in commercial developments. It is the further intent of this
section to ensure that developers take reasonable measures to design and locate
proposed improvements so that the number of protected trees that may be approved
for removal is minimized.
The design shall especially protect and preserve historic and specimen trees.
(2) Protected trees.
(a) The types of trees listed in the Table below are considered protected trees
for the purpose of this
Development Code. LIST OF PROTECTED TREES
Minimum diameter: 8 inches:
Butternut Hickory______Red Oak____
Shagbark Hickory___Post Oak______
SheUbark Hickory_____Willow Oak___
Mockernut Hickory___Water Oak____
Green Ash ___Shumard____
Sycamore_____Sugar Maple_______
Redbud _______Red Maple________
Black Gum (Tupelo)__Pecan______
White Oak___ Southern Magnolia____
(b) Unless exempt from the provisions of this section, no person shall remove or
in any way damage any protected tree without first obtaining a permit from the
Planning and Development Department,
(3) Historic and specimen trees.
(a) An historic tree is one that is designated by the City of McComb as being of
notable historical interest and value due to its association with the physical
and cultural development of the City of
McComb, Upon identification of an historic tree, the City shall hold a public
hearing for designation purposes and due notice provided to the owner of the
tree.
(b) A specimen tree is one that is designated by the City of McComb as being of
high value due to its type, size, age and other relevant criteria. Upon
identification of a specimen tree, the City shall hold a public hearing for
designation purposes and due notice provided to the owner of the tree.
(c) No historic or specimen tree shall be removed without finding by the City of
McComb that the tree is a hazard or that it is not economically or practically
feasible to develop the parcel without removing the tree,
(4) Tree removal procedure. The procedures and standards for review of planned
tree removal shall be as follows:
(a) Site Plan requirements. Any person desiring to remove trees in connection
with, or for the purpose of, the construction or development of a
non-residential development including any building addition or accessory
building 25 or greater in size of the existing principal building on the site,
shall first submit a site plan to the Planning and Development Department The
site plan required shall be sufficient to satisfy this requirement provided it
contains the following additional information:
(i) The site plan shall include the name, address, and telephone number of the
land owner and his agent
(ii) Each site plan shall include a generalized tree survey based upon the most
current available information. The survey shall show the approximate location,
extent and type of protected trees upon the site, including common or scientific
names of the major groups of trees. The survey shall indicate which protected
trees are intended for removal and/or grubbing and which will be left
undisturbed. For nonresidential and multifamily development, the survey may be
in the form of an aerial or a field survey, and shall be accompanied by
photographs illustrating areas of trees. If site development plans have been
prepared, the survey shall be prepared to the same scale or in some other manner
which clearly illustrates the relationships between areas of protected trees and
proposed site improvements. If site development plans are available, the survey
shall be prepared to a convenient scale which clearly reveals the extent of
protected trees upon the site.
(iii) The site plan and accompanying documents shall be submitted in copies
sufficient to administer this review.
(iv) The filing of a site plan shall be deemed to extend permission to the City
of McComb Planning Department
(b) Review criteria. No site plan shall be approved authorizing the removal of a
protected tree unless the developer/owner demonstrates one (1) or more of the
following conditions:
(i) A permissible use of the site cannot reasonably be undertaken unless
specific trees are removed or relocated.
(ii) The tree is located in such proximity to an existing or proposed structure
that the safety, utility, or structural integrity of the structure is materially
impaired.
(iii) The tree materially interferes with the location, servicing or functioning
of existing utility lines or services.
(iv) The tree creates a substantial hazard to motor, bicycle, or pedestrian
traffic by virtue of physical proximity to traffic or impairment of vision.
(v) The tree is diseased, insect ridden, or weakened by age, abuse, storm or
fire and is likely to cause injury or damage to people, buildings or other
improvements.
(vi) The removal of the tree is necessary to promote the growth of surrounding
protected trees. Under this provision, the applicant must demonstrate a
preference for protecting historic and specimen trees. Trees removed pursuant to
this subsection are exempt from tree replacement requirements.
(vii) Any law or regulation requires the removal.
Review procedures. The City of McComb Planning Department shall review each
completed site plan and shall render a decision within fifteen (15) working days
of acceptance. If no decision is made within the indicated time period, the site
plan shall be deemed to have been approved in accordance with the information on
the site plan. If the site plan is not approved, the Planning Department shall
state in writing the reasons for denial and advise the applicant of any appeal
remedies available. For good cause, the Planning and
Development Department may request one extension from the applicant of an
additional fifteen (15) working days in which to make a determination, provided
the extension is requested prior to expiration of the initial fifteen-day
period.
(5) Replacement of removed trees.
(a) Trees removed pursuant to the provisions of this ordinance shall be replaced
at the expense of the developer/owner.
(b) Each removed tree shall be replaced with a new tree(s) having a total tree
caliper equivalent to that of the removed tree.
Single-trunk replacement trees shall be a minimum of 12 inch diameter at a
point 6 inches above the base and a minimum of six (6) feet in overall height
(d) A replacement tree may be a tree moved from one location to another on the
site.
(e) If the developer/owner demonstrates to the satisfaction of the Planning and
Development Department that the site cannot accommodate the total number of
required replacement trees as a result of insufficient planting area, the
developer/owner shall provide the remaining replacement trees, of species
approved by the city planner or an appropriate arborist, at the appropriate
planting season to the City of McComb Public Works Department for placement on
city or other public property in the City of McComb.
(f) Any replacement tree, planted for credit, which dies within one (1) year of
planting shall be replaced by a tree of a minimum of I'/l inches in diameter and
a minimum of 10 feet in overall height at the time of planting. (6) Protection
of trees during development activities.
(a) Generally, to assure the health and survival of protected trees that are not
to be removed, the developer shall avoid the following kinds of tree injuries
during all development activities:
(i) Mechanical injuries to roots, trunk, and branches;
(ii) Injuries by chemical poisoning;
(iii) Injuries by grade changes;
(iv) Injuries by excavations; and
(v) Injuries by paving.
(b) Tree protection zone. A circular tree protection zone shall be established
around each protected tree as follows:
(i) If the drip line is less than six (6) feet from the trunk of the tree, the
zone shall be that area within a radius of six (6) feet around the tree.
(ii) If the drip line is more than six (6) feet from the trunk of the tree, but
less than twenty (20) feet, the zone shall be that area within a radius of the
full drip line around the tree.
Development prohibited within the tree protection zone. All development
activities within tree protection zone) shall be prohibited within the tree
protection zone provided for any protected trees, including any construction of
buildings, structures, paving surfaces, and storm water retention/detention
ponds. All temporary construction activities shall also be prohibited within
tree protection areas, including all digging, concrete washing, storage of
construction material, and parking of construction vehicles.
(d) Fencing of tree protection zone. Prior to the commencement of construction,
the developer shall enclose the entire tree protection zone within a fence or
similar barriers as follows:
(i) Steel "T" posts shall be implanted in the ground deep enough to be stable
and with at least five (5) feet above ground,
(ii) The protective posts shall be placed not more than six (6) feet apart, and
shall be linked together by a rope, chain, or highly visible woven fabric.
(iii) During construction, each tree protection zone shall be clearly identified
with two temporary signs that are at least four (4) feet in height and at least
18 inches by 24 inches in size.
(e) Permitted activities within tree protection zone.
(i) Utility excavation. Excavating or trenching by duly constituted utilities
shall be permitted within the tree protection zone, except where the trees are
historic or specimen, in which case utility lines shall be tunneled beneath tree
roots in order to protect feeder roots.
(ii) Sodding and ground cover. Placement of the sod or other ground covers and
the preparation of the ground surface for such covers shall be permitted within
the tree protection zone.
(7) Parking reduction for preservation of protected trees.
(a) A reduction of required parking spaces may be allowed by the Planning and
Development Department when the reduction would result in the preservation of a
significant tree with a trunk of twelve (12) inches in diameter or greater.
(b) The reduction in required parking may be granted only if it will prevent
removal of a significant tree that is located within the area of the site
designated as a parking lot area. The reduction in required parking spaces shall
not exceed the number of parking spaces required to prevent removal of protected
trees, or the number in the following schedule, whichever is less:
Required:
Maximum Reduction
Parking Spaces
1-4
0
5-9
1
10-19
2
20 or more
10 percent
3.13.3. Parking
Lot Landscaping and Screening:
(1) Applicability.
(a) Perimeter and interior landscaping requirements. The perimeter and interior
parking lot landscaping requirements of this section shall apply to off-street
parking facilities that:
(i) Have ten (10) or more parking spaces; or,
(ii) Are designed to accommodate vehicles that are larger or smaller than
automobiles and are over three thousand five hundred (3,500) square feet in
area.
(b) Perimeter landscaping requirements only. The perimeter parking lot
landscaping requirements of this section shall apply to off-street parking
facilities that:
(i) Have five (5) to nine (9) parking spaces; or,
(ii) Are designed to accommodate vehicles that are larger or smaller than
automobiles and are between one thousand seven hundred fifty (1,750) and three
thousand five hundred (3,500) square feet in area.
(2) Perimeter requirements. A 5-foot wide strip of land, located along the front
property line adjacent to the street right-of-way and along all common property
lines shall be landscaped. The sidewalk width shall not be counted measuring the
perimeter landscape strip,
(a) Landscape materials. One tree for each fifty feet of linear frontage, or
portion thereof, along the right-of-way shall be preserved or planted. Trees
planted to meet this requirement shall measure a minimum of 2 inches in diameter
at breast height Twenty percent (20) of the require landscaping area shall be
covered by evergreen shrubs or plants when higher density residential uses are
being developed or expanded adjacent to lesser density residential uses that
have a minimum mature girth of 1 1/2 feet The remaining area within the
perimeter strip shall be landscaped with other landscape materials. A maximum of
20 percent of the perimeter strip may be covered with cedar chips, gravel, or
other non-living materials.
(b) Landscape Design. The required trees and shrubs may be clustered or grouped
in a natural arrangement within the landscaped area. Depending on the size and
spacing of the selected pallet of trees, trees may be located outside of, but
adjacent to the landscaped area. Other areas may be included to achieve specific
design intent
(c) Corner visibility. Trees and other landscaping required in the perimeter
strip shall be maintained to assure unobstructed corner visibility
(3) Interior Planting Requirement
(a) General requirements. At least eight (8) percent of the gross area of the
interior parking lot area shall be landscaped. Interior planting areas are to be
located within or adjacent to the parking area as tree islands, at the end of
parking bays, inside seven (7) foot wide or greater medians, or between rows of
cars or as part of continuous landscaped buffer yards. Interior planting areas
shall be located to most effectively accommodate storm water runoff and provide
shade in large expanses of paving and contribute to orderly circulation of
vehicular and pedestrian traffic.
(i) No more than fifteen (15) parking spaces shall be permitted in a row without
being interrupted by an interior planting area,
(ii) All rows of parking spaces of greater than fifteen (15) parking spaces per
singular row shall terminate by a tree island,
(iii) Trees shall be required at the minimum ratio of one shade tree for every
three thousand five hundred (3,500) square feet of total vehicular use area. All
vehicular use areas located within the same block which serve one or more
businesses or uses of land or share unified ingress and egress shall be
considered as a single vehicular use area for the purpose of computing the
required ratio of trees, notwithstanding ownership. Required trees shall be at
least 10 feet in height and 2 1/4 inches in diameter at a point 6 inches above
the base.
(b) Minimum size of interior planting areas.
(i) A minimum of ninety (90) square feet of planting area shall be required for
each new shade tree.
(ii) A minimum planting area of one hundred (100) percent of the drip line area
of the tree shall be required for all existing trees. If the applicant can
demonstrate that conditions allow that the tree will be preserved with an area
less than one hundred (100) percent, lesser area may be negotiated between the
applicant and the Planning and Development Department (4) Nonconforming parking
lots. When the square footage of a nonconforming parking lot is increased,
compliance with his section is required as follows:
(a) Expansion by 25 percent or less. When a parking lot area is expanded by
twenty-five (25) percent or less, only the expansion area must be brought into
compliance with this section.
(b) Expansion by more than 25 percent. When a parking lot area is expanded by
more than twenty-five
(25) percent, the entire expansion area shall be brought into compliance with
this section. In addition, the preexisting parking lot area shall be brought
into compliance with the perimeter parking lot landscaping requirements of this
section.
(c) Repeated expansions. Repeated expansions of a parking lot area over a period
of time commencing with the effective date of this Development Code shall be
combined in determining whether the twenty-five (25) percent threshold has been
reached.
3.13.4. Landscaped
Buffer Requirements:
(1) Intent. This section requires landscaped buffers to be provided and
maintained when non-residential uses are being developed or expanded adjacent to
residential uses and when higher density residential uses are being developed or
expanded adjacent to lesser density residential uses. Landscaped buffers are
also required to enhance community appearance and to protect the character of
the area. The width of the buffer and the required plantings within the buffer
may vary depending upon the relative intensities of the abutting or adjacent
uses. The buffer requirements are intended to be flexible and the developer may
choose among a number of combinations of buffer width and buffer plantings to
satisfy the requirement
(2) General Standards. Before a Certificate of Occupancy is issued for any new
building or addition or accessory building greater in size than 25 of the
principal building or any renovations, improvements or repairs greater in cost
than 25 of the value of the building, according to the Pike County Tax
Assessor's records, and located within RPL3- PO, C-l, C-2, CPL,, 1-1,1-PL, S-0
districts to include SOE, SOP, SMU, SOM,SCD and SFP districts, and which lies
adjacent to any lot or lots which are zoned R-80, R-60or R-50, and, which are
occupied or may in the future be occupied by single family dwellings, a
screening barrier conforming to the design standards shall be required. Exempt
are schools and churches. The Director of the Planning and Development
Department may waive the screening requirements for similar low impact uses.
The screening requirements specified above shall also apply to construction
within RPL,B-PO, C-l, C-2, CPL, 1-1,1-PL,S-0 districts to include SOE, SOP, SMU,
SOM.SCD and SFP districts, which lie adjacent to any lot or lots which are zoned
R-80, R-60 or R-50 As a part of conditional and/or site plan approval, screening
may also be required where construction of a high impact use, including, but not
limited to, correctional facility, truck terminal, intensive amusement business,
mini warehouse, warehouse, industry, resource extraction, gas station,
automobile repair, wrecker service or salvage yard, is to occur adjacent to a
less intensive use, particularly, bank, office, clinic, funeral home, cemetery,
personal care business, restaurant, church and school.
(3) Screening Design Standards. Screening barriers required by (2) above shall
consist of a solid board fence six feet in height constructed of western cedar,
cypress, redwood, brick, stone or an approved equivalent erected along the
entire length of the property line adjacent to the use to be screened. However,
no screen shall extend along a side property line any closer to the front
property line than 15 ft, except that screens required to be placed along the
front property line may be placed on the front property line and may be
interrupted with driveways complying with the standards of this Ordinance. Fence
framing members shall not be placed adjacent to the property to be screened.
Landscaping in the form of evergreen shrubs may be substituted for the fence,
and, if so shall be a minimum of 4 feet in height when planted and shall reach a
minimum height of 6 feet within three years of planting. Shrubs planted on berms
may have a lesser height provided the combined height of the berm and planting
meets or exceeds those specified above. Shrubs shall be planted not greater than
4 feet apart. Perimeter plantings required for parking lot landscaping may be
counted towards satisfying the screening requirements of this Part Existing
trees and shrubs may also count towards satisfying the screening requirements,
provided such meets or exceeds the standards specified herein. Alternative
screening plans may be submitted during conditional use and/or site plan review
and may be approved provided such plan meets or exceeds the standards contained
herein.
(4) Maintenance of Required Landscaping and Screening. Plant materials that have
died or are no longer functional shall be replaced at appropriate planting
within one year. Plant material shall be maintained in such a manner as to
preserve their functional and aesthetic integrity. All landscaped areas shall be
provided with an irrigation system or water source within 100 ft All trees
adjacent to pedestrian and vehicular spaces shall be maintained so that mature
branching occurs at a minimum of 7 feet from the ground.
Fences shall be properly maintained. Portions of the fence which have become
damaged by reason of wind, fire, decay or for other reasons shall be replaced
within 30 days.
An Ordinance Amending the Text
of the Land Use
Regulation Ordinance of the City of McComb to include
Mobile and Manufactured Housing definitions in Section
8,
Findings for this amendment:
The Mayor and the Board of Selectmen thru Public
Hearings held by the City of McComb
Planning Commission have made the following findings concerning amendments to the Land Use Ordinance of the City
of McComb:
1. That the proposed text changes are in
conformance with the Comprehensive
Plan specifically to
provide for the most appropriate use of land throughout the city and to provide appropriate zoning and land
use throughout the city;
2.That the proposed text changes are fitting to
changes in land use since the enactment of
the Ordinance in 1988;
3. That these text changes reflect the need for
this type of housing in the city to
address the changing population and general character;
4. That there is a land use definition and
dimensions which address this need and
these text amendments will specify the details of such uses; and
5. That the allowable uses in this text amendment
will not adversely affect the character of
the areas (R-PL) that could adversely result in a decrease of property values and;
6. That city utilities and sewer can accommodate
the uses allowable by this amendment
Amend Section 8 Definitions:
Add "Manufactured Home" A structure
transportable in one or more sections,
which in the traveling mode is at least eight feet wide or 40 feet long, or
which when erected on site is at least 320
square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or
without permanent foundation when
connected to the required utilities and includes the plumbing, heating, air conditioning and electrical systems contained
therein. This includes any structure that
meets all of the requirements of this definition, except for the size
requirements and with respect to which the
manufacturer voluntarily files a certification required by the Secretary of the U.S. Department of
Housing and Urban Development and complies
with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42
U.S.C. 5401 et seq.) as amended. This term
does not include a "Recreational Vehicle."
Add "Mobile Home or "Manufactured Housing" are one and the same and means a vehicle or similar portable construction having
been constructed with wheels (whether or not such wheels have been removed) and having no permanent foundation other than wheels, jacks or skirting
and so designed or constructed as to
permit permanent occupancy for dwelling or sleeping purposes. "Mobile Home" shall be designed as a single wide, double wide
or triple wide and manufactured to
standards established by HUD in 1974 and recognized as meeting the standards established by the Mississippi State Fire
Marshall.
Add "Mobile Home Park" means any
plot of ground consisting of three (3) or more acres which shall be used exclusively for the
location of mobile or manufactured
housing.
Add "Mobile Home Space" means a
plot of ground within a mobile home park
designed for the accommodation of one mobile/manufactured home.
Amend
Section 3.302
Delete 3.302 Permitted uses, A. Residential Uses, 1.
Mobile Homes:
Delete 3.306 District Standards (for mobile homes)
A. Installation, B. Compatibility, and C. Dimensions
Amend Section
3.4 R-PL Planned Residential Districts:
Add 3.404 Conditional
Uses Mobile and Manufactured Parks are a Conditional Use in the Planned
Residential Use Overlay District subject to the following:
A. Preliminary Application: The applicant should consult with the planning
department to determine if the site meets the requirements for both land use and
size. The applicant should then prepare a preliminary subdivision plat following
the requirements of Section 4 Subdivision Regulations of the City of McComb.
B. When the Planning Department has determined that the development conditions
have been met in this preliminary plat then it should be presented and reviewed
for submission to the McComb Planning Commission.
C. The Planning Commission shall establish a date and hold a public hearing for
the proposed Mobile Home Park.
D. The Planning Commission shall present its findings and recommendation to the
Board of Mayor and Selectmen for final approval.
Add
3.405 Lot Standards for Mobile/Manufactured Home Parks:
A). The minimum lot size shall be
4000 square feet.
B). The maximum building height shall be twenty (20) feet.
C). The front building line width shall be a minimum of 50 feet as measured
along the front R.O.W. and the front yard which is also referred to as the
Building Setback Line shall be a minimum of 20 feet from this R.O.W. or a
proposed R.O.W.
D). The side setback shall be 20 feet from each individual mobile home
E). The rear setback shall be a minimum of 10 feet between all mobile homes and
the rear yard lines of a mobile or manufactured home space (lot).
F). Each lot shall have two paved parking spaces with permanent paved runners to
these spaces as well as patios
G). Each home shall follow standards for tie-downs to a permanent pad and shall
have vertical skirting on all sides. These regulations shall follow the
Mississippi Insurance Departments "Rules and Regulations of the Mobile Home
Division of the State Fire Marshall's Office, " Section IX, "Minimum Standards
for Blocking, Anchors and Tie Downs.
H). The tongue and wheels shall be permanently removed.
I). No more than one (1) accessory building shall be allowed per lot and must be
contained within the setbacks for that lot and may be no greater than 25 of the
size of the mobile home on that lot. There shall be no accessory structures
allowed in the front setback.
Add 3.406 General Dimensional Requirements for
Mobile/Manufactured Home Parks:
A. The maximum density shall not exceed 11 homes
per acre.
B. All mobile homes shall be located at least 50 feet from any property line or
any existing or proposed right of way line of a public street or road. This park
perimeter set-back shall be a landscaped open area with no encroachments
permitted, including parking lots, patios, or swimming pools or other paved
areas except for entrance/exit driveways (front yard only). (This setback must
be indicated on the preliminary subdivision plat).
C. In order to provide for free movement of traffic through the park on park
streets, no on street parking shall be permitted on any mobile home park street.
Add 3.407 Streets, Utilities and Storm
Drainage:
A). All streets within a mobile home park shall
be at least twenty eight (28) feet in width and shall be hard surfaced. All
streets shall be constructed in accordance with standards for local streets as
specified in the McComb City Subdivision Regulations. Proper maintenance of all
streets within mobile home parks shall be the responsibility of the owner or
operator of the park and not the City of McComb.
B). Utilities (electric power, natural gas, water and sanitary sewerage) and
storm drainage shall be provided in all mobile home parks in accordance with the
requirements of the City of McComb subdivision ordinance and applicable codes
adopted by the City of McComb. The maintenance of water and sanitary sewerage
facilities and storm drainage facilities within mobile home parks shall be the
responsibility of the owner of the park and not the City of McComb.
C). All utilities, including electrical, cable and telephone shall be placed
underground.
D). All mobile home parks shall be located on ground which is not susceptible to
flooding and graded so as to prevent any water from ponding or accumulating on
the premises. If the mobile home park is in the flood plain the provisions of
Chapter 10 "Flood Damage Preventions in the McComb Code of Ordinances shall
prevail.
Add 3.408
Location, Grandfathered Uses and County
Registration:
A). Any mobile home in the City of McComb shall
be allowed to remain where they are but should they be unoccupied for a period
of ninety days they must be removed from their location.
B). Where a mobile home has R-50 zoning implemented, prior to the enactment of
this amendment to the Land Use Regulation Ordinance, a mobile home that does not
conform to the requirements of an R-50 District and is already placed with
utilities operable shall be allowed to remain and not be required to conform.
However for the mobile home to be grandfathered it must be skirted as per
Section 3.405.G above.
C). Provided however if that mobile home is renovated, and this renovation
includes at least $1,000 of value of renovation work, it shall be subject to the
R-50 zoning requirements and must be brought with compliance within 120 days.
D). Further no mobile home that is removed may be replaced by a mobile home that
is not being brought into compliance in the same manner as the mobile home that
is placed in the R-50 district after the date of these amendments. The owner of
said mobile home must demonstrate to the satisfaction of the Mayor and Board
that a physical hardship would exist if that owner is not allowed to replace the
mobile home with the same or better. This replacement is only allowed in the
R-50 zoning district if all lot dimensions are met as well as city standards for
mobile homes as stipulated in Section 3.405. G above.
E). The owner of any mobile home in the City of McComb, whether grandfathered in
an R-50 district or individually owned or leased in a mobile home park shall be
registered the County Clerk's office of Pike County. Proof of registration is
required to obtain utility service.