The following situations constitute creation of incompatibilities and are subject to the buffer requirements of this ordinance:

(1)

The location of commercial or industrial land use directly adjacent to residentially zoned land.

(2)

The location of manufactured home parks or multifamily developments directly adjacent to land zoned for single-family residences.

The board of commissioners may require a buffer between other districts or land uses when it is determined that an incompatible situation exists or may occur as a result of a development activity.

Buffers shall be established and maintained by the owner of the property containing the incompatible land use. The determination of incompatibility shall be based upon the existing character of the area in which the proposed action takes place. For example, proposed development or modification of commercial or industrial land use adjacent to an area developed as residential shall require the owner of the commercial or industrial property to install and maintain the buffer. If however, nonresidentially zoned land is rezoned for development of residences and this property is located adjacent to land developed as, or zoned for, nonresidential use, the owner of the property to be rezoned for residences shall be required to install and maintain the buffer.

The requirements for buffers are as follows:

(1)

Where commercial or industrial land uses are contiguous with land zoned for single-family residential use, the minimum width shall be as follows:

(2)

Where commercial or industrial land uses are contiguous with land zoned for manufactured home parks, or multifamily residences, the minimum width of the required buffer shall be 25 feet.

(3)

Where manufactured home parks, or multifamily land uses, are contiguous with land zoned for single-family residences, the minimum width of the required buffer shall be 50 feet.

(4)

The minimum width of the required buffer for sanitary landfills shall be 500 feet.

In all other instances, the minimum width of a buffer as required by the board of commissioners shall not be less than 25 feet. Vegetation attaining a minimum height in excess of that required herein might be required to mitigate the impacts of certain projects.

The required buffer can be incorporated into the yard setback as specified in the appropriate zoning district. Also, drainfield lines for septic systems are allowed within required buffer areas that are 50 feet or greater in width, provided those drainfield lines are set back as follows:

Setback 25 feet when a 50-foot buffer width is required.

Setback 35 feet when a 75-foot buffer width is required.

Setback 50 feet when a 100-foot or greater buffer width is required.

All setbacks are measured from the nearest single-family residential zoning district line.

Where a buffer is required, the planning director or his designee shall evaluate the existing vegetative and topographic conditions, development, and zoning to make a determination as to whether a natural buffer or planted buffer is to be required. If the planning director or his designee determines that the existing vegetation in the area where the buffer is required is of sufficient height, density, and width as to accomplish the aforementioned purpose of the buffer and substantially comply with the buffer specifications stated herein, then the planning director or his designee may require a natural buffer. However, if the planning director or his designee determines that the existing or natural vegetation is not sufficient, then a planted buffer (possibly including [a] fence, earth berm or similar such barrier) may be required.

Once the developer/property owner has staked the natural buffer or, in the case of the planted buffer, installed the buffer and the planning department has approved the buffer, then this buffer is to be considered to be an undisturbed buffer. Minor maintenance or development activity (such as a drainage easement, sewer line connection, etc.) may be authorized by the planning director or his designee upon request.

No area in which a buffer is required by this ordinance shall be disturbed without first obtaining approval from the planning department.

(Ord. No. 035-08, 11-18-08)

The following are minimum specifications for required buffers. All required buffers shall:

(1)

Be depicted in detail (the type and location of natural and planted vegetation are to be illustrated) on each site plan or plat prior to approval, and shall be designated as a permanent buffer.

(2)

Not be disturbed by grading, property improvements or construction activities except where necessary to prevent a nuisance, or to thin such natural growth, where too dense to permit normal growth, or to remove diseased, misshapen, or dangerous and decayed timbers. Any contemplated disturbance shall first be brought to the attention of the planning director or his designee and formal approval secured prior to initiating activity within required buffer areas.

(3)

Utilize existing vegetation in an undisturbed state where it has been determined that existing vegetation is appropriate for inclusion within the buffer strip, or when required be supplemented with approved, additional planting.

(4)

Retain the natural topography of the land, except when a portion must be cleared and graded as required by the local law to prevent soil erosion or sedimentation.

(5)

Be completely installed in accordance with the approved plan prior to issuance of the certificate of occupancy.

(6)

Not be used for temporary or permanent parking or loading, other than for provision of drainage improvements as mandated by local law, or for a structure other than a fence.

(7)

[Reserved.]

(8)

Be subject to plan approval by the planning director or his designee prior to installation of a planted buffer.

(9)

All planted buffers shall be comprised of a minimum of three genera of approved plant material. If three genera of plant material are to be utilized within the buffer, then each genus shall be provided in as close to equal quantities as possible. If more than three genera of plant material are to be utilized within the buffer, then no genus shall comprise more than 33% of the total number of plants within the buffer.

(Ord. No. 035-08, 11-18-08)

The following table indicates plant materials which may be used in buffers:

Additional plants may be approved for use in buffers by submitting a letter to the planning director. Plants shall be approved based on their growth rates and habits, form, and hardiness within the planting zone. Generally faster growing plants with dense, evergreen foliage shall be preferred.

(Ord. No. 035-08, 11-18-08)

The buffers required under the provisions of the [this] article shall be guaranteed for the duration of the incompatible land use, or until such use changes to a compatible type. Necessary trimming and maintenance shall be performed to maintain the health of the plant materials, to provide a natural pleasing appearance, and to assure that the buffer serves the purpose for which it was intended.

Certain uses such as junkyards and salvage yard operations and other commercial and industrial operations requiring the storage of inoperative equipment or vehicles for prolonged periods of time could present unsightly views or health hazards. To preclude this from occurring, the planning director shall require owners of such properties to completely enclose such operations by a fence which completely obscures views of the property from adjacent properties, built to a height greater than that of the height of the highest piece of equipment or vehicle stored on the property provided that no fence shall be less than six feet in height, but in no case less than such height as will screen all junk or other materials or vehicles from view and provided that such fence be at least 40 feet from any street right-of-way or any zone district boundary line. Many operations which involve the stacking of inoperative or obsolete equipment or vehicles pose a direct health hazard to the public. The county commission shall require all such operations to submit to annual inspection by the Coweta County health department. The results of such inspections shall be delivered to the county commission for review. If a business fails to pass such inspection it shall have 30 days to comply or it shall cease operations until such time that compliance is effected.

(Ord. No. 035-08, 11-18-08)

In those instances when extraordinary or exceptional conditions pertaining to the property exist, resulting from its size, shape, topography or other features, screening barriers such as walls or fences may be allowed in place of a 50-foot buffer upon approval as set forth in article 28 and provided the following standards are met:

(1)

Walls or fences shall be ornamental or decorative and constructed of brick, stone, treated wood, stucco or other materials approved by the planning director and shall not be constructed of exposed concrete block, tires, junk or other discarded materials. [The] wall or fence shall provide an opaque screen of at least six feet in height or as specified by the board of zoning appeals.

(2)

If a wall or fence is designed so that its structural supports are primarily on one side, that side must always remain within the interior of the property.

(3)

No wall or fence shall be installed within any public right-of-way.

(4)

Any wall or fence damaged by accident or an act of God shall be properly repaired within 90 days of occurrence.

(5)

It shall be the responsibility of the owner of the property on which a wall or fence is located to maintain that wall or fence in good and proper repair so that it presents a neat and orderly appearance at all times to surrounding property owners and to the general public.

(6)

If a property owner does not take appropriate action to maintain or repair a damaged screening barrier within 90 days after receiving a notice to comply, the county shall take any action provided by law, including the issuance of a citation, to promptly and properly correct the violation.

(Ord. No. 035-08, 11-18-08)