The purpose of this section is to establish provisions for landscape buffering measures to assist in minimizing the potential visual impacts and conflicts between adjacent nonresidential and residential land uses.

All lots or parts of lots which are improved with a predominantly nonresidential use and whose side or rear lines are adjacent to residential uses and/or Zones R-E, R-O, R-S, or R-U shall be screened from such residential zone by landscape buffer strips. Within the B-C and I-G Districts, other such screening along said side or rear lines may be required by the planning commission and/or the zoning board of appeals in accordance with this section.

(a)

Within required buffer areas, a solid and continuous landscape screen shall be planted and maintained. Said landscaping shall consist of massed evergreen and/or deciduous trees and shrubs of at least three and one-half (3½) feet in height and of such species as will produce, within three (3) growing seasons, a screen at least six (6) feet in height so as to continually restrict a clear view beyond said buffer strip.

(b)

The required height of the buffer strip shall be measured in relation to the elevation of the edge of the adjacent area to be screened. In cases where the ground elevation of the location at which the screen is to be planted is less than the elevation of the edge of the adjacent area, the required height of the screen shall be increased in an amount equal to said difference in elevation. In the event that the ground elevation of the location at which the screen is to be planted is greater than that at the edge of the adjacent area, the minimum height of the screen shall prevail.

(c)

The entire buffer strip shall be at least eight (8) feet in width and shall be graded and planted with grass seed or sod and such other shrubbery or trees as may be desired by the owner. The entire area shall be attractively maintained and kept clean of all debris and rubbish.

(d)

The zoning occupancy permit for the use on the premises shall not be issued until such time as the landscaping requirements, buffer strips, and/or other approved dividers, as required by this chapter, are either actually installed in full compliance herewith or, in the event that the season is not appropriate, a performance guarantee of one hundred twenty-five (125) percent of the cost, as approved by the city, has been deposited with the city solicitor. Such guarantee shall be in acceptable form and the depositor shall agree in making the deposit that, if performance is not completed within the time specified by the zoning administrator on the receipt delivered to the depositor, the city may complete the requirements and charge the cost against the deposit; otherwise, the deposit shall be returned in full after the satisfactory completion of the work.

(e)

In required buffer areas where a natural buffer strip is considered to be impracticable or inappropriate, an opaque fence may be substituted in whole or in part for a natural buffer provided its specifications are approved by the zoning administrator.