The transition from one district to another district of contrasting and conflicting uses, is across a barrier and line in theory and not physically existent. It is the intent of this section to require the actual provision of a physical barrier so as to reduce any possible harmful or detrimental influence one district use may or may not have to an abutting and contrasting or conflicting district use.

1.   Conditions For Requiring a Buffer.

   A.   The following conditions shall require a buffer between abutting districts:

      (1)   Any “R-2” and “R-3” District, (other than attached or detached single family structures), all “C” districts and all “M” Districts which abut any “R-1,” “R-3” or single family residence in an “R-2” District shall be buffered as required in this section.

      (2)   All “M” Districts which abut any “C-2” District shall be buffered as required in this section.

   B.   Any lot in any district having both its front and rear lines abutting a public thoroughfare (a double frontage lot) shall be buffered from the thoroughfare abutting its designated rear line.

   C.   Any storage yard or loading dock or, not on a farm, in any district, except “A-1,” which abuts a public thoroughfare shall be restricted from public view by a buffer.

2.   Permissive Buffers. Buffers required under the provisions of this section shall be accomplished by any one of the following methods:

   A.   In newly developed areas, creating as a permanent screen an area not less than 30 feet in width with plantings of evergreen type trees, shrubs and plants so as to provide year-round effectiveness.

   B.   In other areas, creating as a permanent screen an area not less than 15 feet in width with plantings of evergreen type trees, shrubs and plants so as to provide year-round effectiveness, the specificity of which shall be established by the Council in the Site Plan review process under Chapter 158 of this Code of Ordinances.

   C.   An alley bordering the Central Business and Commercial District shall constitute a sufficient buffer.

3.   Burden of Provision of a Buffer. The burden of provision and selection of the buffer shall be as follows:

   A.   Where two different districts, requiring a buffer between them, are both in an existing improved condition, the above requirement is not retroactive and should a buffer be desired, it shall be by mutual agreement between the property owners or as otherwise provided by law. However, in the event of any or all of the improved property is abandoned, destroyed, demolished, etc., for the purpose of renewal, redevelopment, etc., that portion of such property being renewed, redeveloped, etc., shall be considered vacant land subject to the requirements herein.

   B.   Where one of two different districts requiring a buffer between them is partially developed, the developer of the vacant land shall assume the burden.

   C.   Where both districts, requiring a buffer between them, are vacant or undeveloped except for agricultural use, the burden shall be assumed by the developer as the land is improved or developed.

4.   Access Drives. (Repealed by Ordinance No. 599 – Dec. 23 Supp.)

5.   Waiver of Buffer Requirement. Where the line between two districts, requiring a buffer, follows a street right-of-way, railroad, stream, or other similar barrier, the requirement for a buffer may be waived by the Council in the Site Plan review process under Chapter 158 of this Code of Ordinances, provided such waiver does not permit the exposure of undesirable characteristics of land use to public view. †