The bufferyard is a unit of yard together with the planting, fences, walls, and other screening devices required thereon.

(Ord. No. 07-6-12, § 5, 6-5-07)

The purpose of a bufferyard is to minimize any potential adverse impact between adjacent land uses and streets, and promote land use compatibility.

(Ord. No. 07-6-12, § 5, 6-5-07)

Proposed new uses or substantially expanded uses (over fifty (50) percent gross floor area) shall be required to provide bufferyards in accord with Table 3.

Table 3: Bufferyard Requirements: Types Required

(Ord. No. 07-6-12, § 5, 6-5-07)

(a)

From Table 3, match the abutting use with the proposed new or expanded use to determine the type of bufferyard required. The type of bufferyard is determined by the numbers (1—4), with (1) being the lowest level of buffer in terms of density of plantings and distance (width), and (4) being the highest. Should a question arise as to the land use classification of a proposed or abutting use, the planning and development director shall determine the classification.

(b)

Next, refer to the Bufferyard Requirements, Table 4, to determine the amount of bufferyard required. Several options of landscaping are available for each bufferyard. The requirements are given in one hundred-foot units as measured along the property line.

(c)

The length of a bufferyard shall extend the length of the property line separating two (2) uses, except for property lines in excess of two hundred (200) feet, where the bufferyard need only extend one hundred (100) feet beyond either end of the existing use to be buffered.

Bufferyard-1

Table 4 Bufferyard Requirements: Plants Required

(*)

If these bufferyard widths are selected, only one-half (½) the number of required plant units per one hundred (100) feet shall be necessary.

(**)

If these Bufferyard widths are selected, only one-quarter (¼) the number of required plant units per one hundred (100) feet shall be necessary.

Example: If a particular boundary between land uses requires a Type (3) density classification, select either a fifteen-foot, twenty-five-foot or thirty-foot wide bufferyard. If the fifteen-foot width is selected, the full complement of plantings listed must be placed in the bufferyard. If the twenty-five-foot width is selected, only one-half (½) the number of listed plantings has to be provided, and for the thirty-foot bufferyard, only one-quarter (¼) the required number of plants per one hundred (100) feet. (See the following bufferyard example).

Bufferyard-2

(Ord. No. 07-6-12, § 5, 6-5-07)

Existing vegetation, including all trees of any dimension, shall be retained to the extent practical and feasible. In no event shall an applicant clear-cut the site of a required bufferyard. Further, if the development is located in a highway corridor overlay (HCO) district, the applicant shall conduct a tree survey (section 24-2.12.13(3)a.) of existing trees, identifying the location, species, and DBH (diameter breast-high) of all trees in the tree-protection areas (setback areas, bufferyard areas, and open-space areas), and complement the presence of such trees with appropriate shrubs and other vegetation to meet the requirements of this section.

(Ord. No. 07-6-12, § 5, 6-5-07; Ord. No. 08-4-17, § 1, 4-1-08; Ord. No. 14-12-18, § 1, 12-9-14)

Selection of plant material shall allow for a mix of large shade trees, small trees, and large and small shrubs to provide variable height and seasonal color. Evergreen trees are particularly useful since they create a year-round opaque screen. Plants shall be sufficiently sized to insure buffering and screening at the time of installation. However, seedling plants may be used where berms or structures are required as part of the bufferyard.

The following table shall serve as a guide for determining minimum plant size.

* No caliper requirements

The exact location of plants and screening structures shall be the decision of the property owner, although evergreen or conifer plant materials shall be planted in clusters to maximize chances of survival.

(Ord. No. 07-6-12, § 5, 6-5-07)

Four basic plant types, adapted to local conditions, are specified for installation in bufferyards. They include:

(1)

Canopy trees: Large deciduous trees with a mature height of thirty (30) feet or greater.

(2)

Understory trees: Deciduous trees or large shrubs with a mature height of ten (10) to thirty (30) feet.

(3)

Evergreen/conifers: Trees or large shrubs that reach at least ten (10) feet in height at maturity, and have green foliage during all seasons of the year.

(4)

Shrubs: Prostrate or upright woody plants, evergreen or deciduous, with a mature height often less than ten (10) feet.

(Ord. No. 07-6-12, § 5, 6-5-07)

The following substitutions may be approved by the planning and development director:

(1)

Existing plants. Existing plant material four (4) inches DBH (diameter breast-high) or more in diameter within the required bufferyard may be substituted and counted toward satisfying the requirements of this section.

(2)

Fence or wall. Where, owing to existing land use, lot size or configuration, topography, or circumstance peculiar to a given piece of property, bufferyard requirements cannot reasonable be met, the substitution of appropriate screening in the way of a fence or wall structure along the property line of the proposed use may be approved by the planning and development director in accord with the provisions of this section.

A six-foot high fence or wall may be substituted for a type 1 or 2 bufferyard and an eight-foot fence or wall may be substituted for a type 3 or 4 bufferyard.

All fences and walls used as part of the bufferyard requirement must have the finished side facing outward. Fences shall be wooden or other durable or opaque material approved by the planning and development director. Wooden fences shall be made of rot resistant material such as locust, cedar or redwood. If made of other woods, the post shall be rated for soil contact and the boards rated for outside use. Chain-link fences with wood, plastic, or metal strips are expressly prohibited. However, a chain-link fence with evergreen hedge is acceptable. Walls must be made of masonry materials including poured concrete, concrete block covered with stucco, and brick.

Masonry Wall           Wood Stockade

(3)

Berms. Berms may be used to substitutor fences and walls. Fences and/or walls where approved by the zoning administrator may be a combination of berm and fence or wall to the total required height.

(Ord. No. 14-12-18, § 1, 12-9-14)

The maintenance of required bufferyards shall be the responsibility of the property owner. All such areas shall be properly maintained so as to ensure continued buffering. All planted areas shall be provided with an irrigation system or a readily available water supply to ensure continuous healthy growth and development. Dead trees shall be removed; debris and litter shall be cleaned; and berms, fences, and walls shall be maintained at all times. Failure to do so is a violation of this chapter, and may be remedied in the manner prescribed for other violations.

(Ord. No. 07-6-12, § 5, 6-5-07)

Bufferyards may be used for passive recreation and may be interrupted by access driveways. All other uses are prohibited, including off-street parking.

(Ord. No. 07-6-12, § 5, 6-5-07)

Bufferyards shall adhere to the requirements of section 24-8.5. Trees and other plants selected for location under power lines shall be of a species or type that will not exceed eighteen (18) feet in height when fully grown.

(Ord. No. 07-6-12, § 5, 6-5-07)

A form of ground cover shall be placed on all portions of bufferyard surfaces not occupied by plant material. This may include: grass and low-lying plant material that does not exceed twelve (12) inches in height at maturity, organic mulch materials, pine straw and crushed stone. Portions of these areas also may be comprised of flowerbeds, as long as they are maintained on a year-round basis.

(Ord. No. 07-6-12, § 5, 6-5-07)

Screening is a type of buffer that is designed to block or obscure a particular element or use from view.

(Ord. No. 07-6-12, § 5, 6-5-07)

The purpose of screening is to minimize if not eliminate entirely the visual impact of potentially unsightly uses.

(Ord. No. 07-6-12, § 5, 6-5-07)

Screening specified by this section shall be required for all open-storage areas not devoted to retail sales which are visible from any public street, including open-storage areas for shipping containers, building materials, appliances, equipment, utility structures, pumping stations, trash containers of four (4) or more cubic yards, salvage materials and similar unenclosed uses.

(Ord. No. 07-6-12, § 5, 6-5-07)

Screening shall be accomplished by an opaque divider not less than six (6) feet in height or the height of the object to be screened, whichever is greater. Screening may be accomplished by the use of sight-obscuring plant materials (generally evergreens), earth berms, walls, fences, proper siting of disruptive elements, building placement or other design techniques approved by the planning and development director.

Dumpster Screening

(Ord. No. 14-12-18, § 1, 12-9-14)

Common open space is land and/or water bodies used for recreation, amenity or buffer. Common open space shall be freely accessible to all residents and property owners of a development, where required by this chapter. Open space shall not be occupied by buildings or structures other than those in conjunction with the use of open space, roads, or parking, nor shall it include the yards or lots of residential dwellings required to meet minimum lot area or parking area requirements.

(Ord. No. 07-6-12, § 5, 6-5-07)

The purpose of this requirement is to ensure adequate open space for high density residential development; to integrate recreation, landscaping, greenery, and/or natural areas into such projects; to promote the health and safety of residents of such projects; and to compensate for the loss of open space inherent in single-family residential projects.

(Ord. No. 07-6-12, § 5, 6-5-07)

(1)

The following uses/projects consisting of five (5) or more units shall provide common open space in the amounts prescribed:

Note: Up to fifty (50) percent of landscaped bufferyards provided to meet the requirements of section 24-5.1 for multifamily projects and manufactured home parks may be applied toward meeting the above requirements.

(a)

New sites: No proposed development, building or structure in connection with the above shall hereafter be erected or used unless common open space is provided in accord with the provisions of this section.

(b)

Existing sites: No existing development, building or structure in connection with the above shall be expanded or enlarged unless the minimum common open space required by the provisions of this section are provided to the extent of the alteration or expansion.

(2)

New residential subdivisions and other new residential developments that are located directly abutting or directly contiguous to those portions of the right-of-way of the Palmetto Parkway (I-520) which contain the multi-purpose path or areas designed for walking or bicycle use shall include public access to said right-of-way so as to include public access to said multi-purpose path or areas.

(3)

Refer also to Section 24-5.3.4 immediately below.

(Ord. No. 07-6-12, § 5, 6-5-07; 08-02-08, § 1, 2-5-08)

Proposed uses/projects set forth in section 24-5.3-3 shall submit an open-space or landscaping plan as part of the application for a building permit. The plan shall:

(1)

Designate areas to be reserved as open space. The specific design of open space shall be sensitive to the physical and design characteristics of the site;

(2)

Designate the type of open space which will be provided, and indicate the location of plant materials, decorative features, recreational facilities, etc.; and

(3)

Specify the manner in which common open space shall be perpetuated, maintained and administered.

(Ord. No. 07-6-12, § 5, 6-5-07)

The types of common open space which may be provided to satisfy the requirements of this chapter, together with the maintenance required for each, are as follows:

(1)

Natural areas are areas of undisturbed vegetation or areas replanted with vegetation after construction. Woodlands and wetlands are specific types of natural areas. Maintenance is limited to removal of litter, dead trees, plant materials, and brush. Natural watercourses are to be maintained as free- flowing and devoid of debris. Stream channels shall be maintained so as not to alter floodplain levels.

(2)

Recreational areas are designed for specific active recreational uses such as tot lots, tennis courts, swimming pools, ballfields, and similar uses. Recreational areas shall be accessible to all residents of the development. Maintenance is limited to ensuring that there exist no hazards, nuisances, or unhealthy conditions.

(3)

Greenways are linear green belts linking residential areas with other open-space areas. These greenways may contain bicycle paths, footpaths, and bridle paths. Connecting greenways between residences and recreational areas are encouraged. Maintenance is limited to a minimum or removal and avoidance of hazards, nuisances, or unhealthy conditions.

(4)

Landscaped areas and lawns, including creative landscaped areas with gravel and tile, so long as the tile does not occupy more than two (2) percent of the required open space. Lawns, with or without trees and shrubs, shall be watered regularly to ensure survival, and mowed regularly to ensure neatness. Landscaped areas shall be trimmed, cleaned, and weeded regularly.

(Ord. No. 07-6-12, § 5, 6-5-07)

(a)

Land designated as common open space may not be separately sold, subdivided or developed. Open-space areas shall be maintained so that their use and enjoyment as open space are not diminished or destroyed. Open-space areas may be owned, preserved and maintained as required by this Section by any of the following mechanisms or combinations thereof:

(1)

Dedication of and acceptance by the County; and/or

(2)

Common ownership of the open space by a homeowner's association which assumes full responsibility for its maintenance; and/or

(3)

Deed-restricted private ownership, which shall prevent development and/or subsequent subdivision of the open space land and provide the maintenance.

(b)

In the event that any private owner of open space fails to maintain same, the county, in accordance with the development's open space plan and following reasonable notice, may demand that a deficiency of maintenance be corrected, and may enter the open space to maintain same. The cost of such maintenance shall be charged to those persons having the primary responsibility for maintenance of the open space.

(Ord. No. 07-6-12, § 5, 6-5-07)

Landscaping is a type of open space permanently devoted to and maintained for the growing of shrubbery, grass, other plants and decorative features to the land.

(Ord. No. 07-6-12, § 5, 6-5-07)

The purpose of landscaping is to improve the appearance of vehicular use areas and development abutting public rights-of-way; to enhance environmental and visual characteristics; to promote the greening of development and the reduction of noise pollution, stormwater run-off, air pollution, and artificial light glare; and to safeguard property values, protect public and private investments, and promote quality development.

(Ord. No. 07-6-12, § 5, 6-5-07)

No proposed commercial, institutional, industrial or other nonresidential use, or multifamily project or manufactured home park, shall hereafter be established in an existing building or structure and subsequently used unless landscaping is provided in accord with the provisions of this section. No existing building, structure, or vehicular use area shall be enlarged by fifty (50) percent of more unless the minimum landscaping required by the provisions of this section is provided throughout the building site.

(Ord. No. 07-6-12, § 5, 6-5-07)

(a)

A landscaping plan shall be required and submitted as part of the application for a development permit and/or building permit. The plan shall:

(1)

Designate areas to be reserved for landscaping. The specific design of landscaping shall be sensitive to the physical and design characteristics of the site; and

(2)

Indicate the location and dimensions of landscaped areas, plant materials, decorative features, etc.

(b)

Once approved by the planning and development director as required by this section, all landscaping shall be installed in accord with the approved plan unless substitutions are subsequently approved by the planning and development director and noted in writing on the plan. No certificate of occupancy for any business or use on a site with such an approved plan shall be issued until the required landscaping is installed by the property owner and approved by the planning and development director.

(Ord. No. 07-6-12, § 5, 6-5-07; Ord. No. 14-12-18, § 1, 12-9-14)

Required landscaping shall be provided as follows:

(1)

Along the outer perimeter of a lot or parcel, where required by the buffer area provisions of this article, to buffer and separate incompatible land uses. The amount specified shall be as required by section 24-5.1, bufferyards.

(2)

Within the interior, peninsula or island-type landscaped areas shall be provided for any open vehicular-use area containing ten (10) or more parking spaces twenty (20) or more parking spaces in RUD and RUC districts). Landscaped areas shall be located in such a manner as to divide and break up the expanse of paving and at strategic points to guide travel flow and direction. Elsewhere, landscaped areas shall be designed to soften and complement the building site and separate the building from the vehicular surface area.

At a minimum, interior lot landscaping shall be provided as follows.

Use     % of Lot

Institutional .....20%

Industrial/wholesale/storage .....20%

Office .....20%

Commercial-retail-service .....20%

Multifamily projects .....20%

Manufactured home parks .....20%

Landscaping along exterior building walls and structures is suggested to separate with greenery the building from the vehicular surface area.

(3)

Within vehicular use areas no more than ten (10) parking spaces are allowed in a row without a landscaped island. Each such island shall have at least one (1) canopy tree. Such islands must be offset so that they are evenly distributed in the parking area and are not in straight lines. A tree island also shall be provided at the end of each row of parking.

(Ord. No. 07-6-12, § 5, 6-5-07)

Parking lot landscaping

(1)

All landscaped areas in or adjacent to parking areas shall be protected from vehicular damage by a raised concrete curb or an equivalent barrier not less than six (6) inches in height and eight (8) feet in width when separating two rows of parking.

The barrier need not be continuous.

Landscapped Barrier

(2)

Landscaped areas must be at least fifty (50) square feet in size, with a minimum width of five (5) feet.

(Ord. No. 07-6-12, § 5, 6-5-07)

The maintenance of required landscaped areas shall be the responsibility of the property owner. All such areas shall be properly maintained so as to assure their survival and aesthetic value, and shall be provided with an irrigation system or a readily available water supply. Failure to maintain such areas is a violation of this chapter, and may be remedied in the manner prescribed for other violations.

(Ord. No. 07-6-12, § 5, 6-5-07)

The intent of this section is to ensure that outdoor lighting, where provided, does not create a nuisance or hazard to adjoining properties and motorists.

(1)

Exterior lighting. Architectural, display and decorative lighting visible from public streets shall utilize concealed lighting sources that produce low levels of illumination.

(2)

Interior lighting. All interior lighting utilized for display, security, and general illumination shall be designed to minimize nuisance and hazards to adjoining property and motorists.

(3)

Primary access points. Primary entryways shall be illuminated for traffic safety purposes. Light poles mounted within fifty (50) feet from the street right-of-way shall not exceed a height of twenty (20) feet, and only forward-throw lights shall be used to light entrances.

(4)

Light fixtures. Light fixtures shall be full cutoff luminary type whose light source is concealed within an opaque housing and directed away from public thoroughfares. This shall include lights on mounted poles and those utilized for display and decorative lighting.

(5)

Light source. Outdoor light sources shall be restricted to white or off-white incandescent, fluorescent, metal-halide, mercury-vapor or color-corrected high-pressure sodium lighting.

(6)

Mounting. Mounting shall ensure that the cone of light is not directed at any property line, and the minimum mounting height on any pole shall be twelve (12) feet.

(7)

Maximum illumination levels. The maximum allowable level of illumination shall conform to the recommended levels within the IESNA Lighting Handbook, the accepted industry standard.

(Ord. No. 07-6-12, § 5, 6-5-07; Ord. No. 08-04-17, § 1, 4-1-08)