A buffer, as specified herein below, shall be required when a proposed development abuts property in a less intense zone district, unless the adjacent zone district is already developed with uses similar to the proposed uses. Refer to the following table for the required buffer:

TBD - To be determined by the applicable governing body during the special use review approval process.

9-1-1

Buffers shall be located within and along the outer perimeter of a lot or parcel along the side and/or rear lot lines. Buffers shall not be located upon any portion of existing, dedicated, or reserved public or private road right-of-way.

9-1-2

No building permit shall issue for any lot or parcel development requiring a buffer until such time as that buffer, as specified herein, shall be substantially in place or until acceptable surety for the cost of the buffer installation shall be provided to the building inspector. Acceptable surety shall consist either of an irrevocable letter of credit from an approved lending institution or a performance bond from an approved insurer in an amount not less than $15.00 per linear foot of area to be buffered. The required buffer must be completed and in place within 30 days before any such surety shall lapse or within six months of the issuance of the building permit, whichever shall occur sooner.

9-1-3

If the required buffer shall not be completed and in place as set forth herein, then, in such circumstance, the zoning administrator or designee shall have authority to go upon such areas of the subject parcel as reasonable and necessary to construct the required buffer, utilizing the surety previously provided. The governing authority shall not be liable for such action unless the zoning administrator or his or her designee shall act with gross negligence in coming upon and/or damaging such parcel.

(Ord. No. 23-12, § 1, 6-19-2023; Ord. No. 24-02, § 5, 1-8-2024)

A buffer may be used for some forms of passive recreation such as pedestrian, bicycle, or equestrian trails; or a buffer may be used to locate a stormwater retention area provided that:

9-2-1

No planted materials shall be eliminated.

9-2-2

The total width of the buffer shall be maintained.

9-2-3

A buffer shall not be used for any active recreational use such as playfields, stables, swimming pools and tennis courts.

(Ord. No. 23-12, § 1, 6-19-2023; Ord. No. 24-02, § 5, 1-8-2024)

When adjoining properties are zoned in dissimilar use districts, the property within the more intensive use district shall be required to provide the buffer. However, when adjoining vacant parcels are in dissimilar use districts, no buffer is required when the parcel zoned for the less intensive use seeks a building permit.

(Ord. No. 23-12, § 1, 6-19-2023; Ord. No. 24-02, § 5, 1-8-2024)

All buffers required by this article shall conform to the following specifications:

9-4-1

Prior to development, a buffer plan shall be required to show the types and locations of all screening devices within a required buffer. If a site development plan is required, a buffer plan may be incorporated as part of the site development plan.

9-4-2

Landscaping within buffer areas shall be used to screen objectionable views or nuisances, such as parking and service areas, refuse containers, air conditioning units and transformers. Existing on-site plantings may be credited as landscaped open space meeting the requirements of this section if such plant materials achieve the purposes of this section.

(Ord. No. 23-12, § 1, 6-19-2023; Ord. No. 24-02, § 5, 1-8-2024)

9-5-1

General.

(a)

Buffer areas shall contain no driveways, access easements, parking areas, patios, storm water detention facilities, or any other structures or accessory uses except for a fence, wall or earthen berm constructed to provide the visual screening required to meet the standards of this article.

(b)

Underground utilities including closed storm drains may be permitted to cross perpendicular to a buffer if the screening standards of this article will be subsequently achieved.

(c)

Vehicular access through a buffer may be allowed only as a condition of rezoning, special use or planned unit development zoning approval by the governing authority.

9-5-2

Minimum required screening. A required zoning buffer must create a barrier that substantially blocks the sight lines, noise transmission, and the transfer of artificial light and reflected light up to a height of not less than six feet at the property line (or such greater height as required by conditions of zoning approval on a particular property).

9-5-3

Natural buffers. Natural buffers shall be composed of healthy plants with growth characteristics to produce a dense, compact visual screen not less than six feet in height. Natural buffers may contain deciduous or perennial vegetation, but shall contain existing or planted evergreen shrubs and trees suitable to local growing conditions that will provide an opaque visual screen during all seasons of the year.

9-5-4

Structural buffers. A structural buffer shall provide a continuous visual screen throughout its entire length, and may consist of any combination of the following, as approved by the zoning administrator: opaque fencing constructed of cedar, redwood, treated and stained or painted wood, vinyl replicating wood, or other suitable all-weather material; masonry walls of brick or stone; concrete block walls treated with a decorative finish; planted or natural vegetation; or earthen berms. Structural buffers shall meet the following criteria:

(a)

Structural buffers shall be vegetated throughout the minimum area required for the buffer around any fences or walls and upon any earthen berms, which may include ground covers, shrubs and trees, and areas that are mulched.

(b)

All earthen berms shall have a maximum side slope of 50 percent (one foot of vertical rise to two feet of horizontal run.) Earthen berms shall not be constructed within the drip line of any existing trees that will remain on the property; new trees that overhang the berm may be planted after the berm is constructed.

(c)

Trees shall be located or planted within any structural buffer at a density of not less than one tree for each 25 feet of buffer length or portion thereof (or every 35 feet for shade trees). New deciduous trees shall have a caliper of not less than two inches upon planting, and new evergreens shall be at least six feet tall when planted. Trees may be clustered following professional landscaping standards for spacing, location and design

(d)

Fences and freestanding walls shall present a finished and decorative appearance to the abutting property, and shall be located not closer to the property line than two feet. Shrubs, ground covers, or other vegetation shall be provided between the fence or wall and the property line so as to provide a decorative effect, following professional landscaping standards for spacing, location and design.

(e)

Examples of buffers are shown in the following illustration:

(Ord. No. 23-12, § 1, 6-19-2023; Ord. No. 24-02, § 5, 1-8-2024)

Every buffer required under this article shall be maintained by the owner of the property where the buffer is located, so as to provide an opaque visual screen to a height of six feet on a continuous, year-round basis. Dead or dying plants or trees must be replaced immediately with the same or an equivalent species.

(Ord. No. 23-12, § 1, 6-19-2023; Ord. No. 24-02, § 5, 1-8-2024)

The governing authority may reduce a zoning buffer requirement to a temporarily appropriate level of screening if the comprehensive plan anticipates future development on the adjoining property in a land use category such that a zoning buffer would not be required or may be reduced by this ordinance once the adjoining property is rezoned or developed. Such determination shall be based upon the future development map in the comprehensive plan, surrounding land use and zoning patterns, and the propriety of a future zoning change on the adjoining property.

(Ord. No. 23-12, § 1, 6-19-2023; Ord. No. 24-02, § 5, 1-8-2024)

The requirements of this article may be altered, amended, or waived by the board of zoning appeals, depending upon circumstances, if it is shown by clear and convincing evidence either that the existing topography and/or vegetation will achieve the purposes of the article or that, because of the topography, no required screening device could screen the ground level activities of the more intense use from the ground level activities of the abutting less intense use.

(Ord. No. 23-12, § 1, 6-19-2023; Ord. No. 24-02, § 5, 1-8-2024)