The following regulations are designed to promote the health, safety, order, aesthetics and general welfare by protecting against incompatible uses of land, providing for a more attractive urban environment, assuring adequate open space, and reducing noise, night lighting, glare, odor, objectionable views, loss of privacy and other adverse impacts and nuisances through the use of buffers and landscaping. These regulations are also designed to encourage the protection and planting of trees, which are declared to be beneficial public resources, and to prevent the needless, wasteful or purposeless destruction of trees in order to better control problems of flooding, soil erosion and air pollution.

(Ord. of 12-3-2018)

Property zoned for commercial and industrial uses shall provide a buffer, as defined by these regulations, along any rear or side property lines abutting a residential district or abutting an alley across from a specified residential district, provided that no buffer shall extend within 15 feet of a public right-of-way line. Minimum buffer widths shall be established in accordance with the following stipulations.

1.

When an HB, CBD, or NB district abuts a residential district, a setback of 40 feet shall be provided, including a 30-foot buffer.

2.

When an LI or CIR district abuts a residential district, a setback of 60 feet shall be provided, including a 50-foot buffer.

3.

When any district abuts a TB district, a ten-foot planted landscape buffer shall be provided on property which abuts the TB district.

4.

Properties zoned residential in common subdivision developments, other than Rl developments, shall provide a 20-foot undisturbed buffer along any of the development adjoining property lines.

It shall be the responsibility of the developer to designate required buffers on construction plans and provide tree save to delineate buffer areas to ensure that existing vegetation within required buffers is maintained, unless disturbance of the buffer is approved by the planning director or designee as specifically provided herein. Wherever a buffer, in the determination of the planning director or his designee, is so sparsely vegetated that it does not achieve the buffer purpose of visually screening and separating properties, it shall be the duty of the developer to provide for additional plantings to achieve that purpose.

Prohibited buffer encroachments include, but are not limited to, buildings, pavement, parking, service areas, detention ponds, roads, septic tanks, septic drain fields, walls.

A buffer may be disturbed for approved access and utility crossings including, but not limited to, water and sewer lines, drainage pipes, drainage swells, privacy fence and gas lines if it does so via perpendicular crossing. Privacy fence installed parallel shall be installed along adjoining property line and or along the 20-foot buffer line. In addition, the removal of non-native, invasive species is allowed within the buffer zone at the discretion of the planning director. Any approved buffer disturbance must be accompanied by buffer replanting in order to achieve the buffer purpose of visual screening and separation.

It shall be the responsibility of the property owner of the lot to be used or built upon to maintain existing vegetation within required buffers and to replant where sparsely vegetated or install fencing as approved to achieve the desired screening. Installation of vegetation or fencing may be phased in accordance with approved building plans.

(Ord. of 12-3-2018; Ord. No. 02-2022, § 1, 2-7-2022; Ord. No. 04-2022, § 1, 8-15-2022)

All buffers required by these regulations shall conform to the following provisions:

1.

Utilization will be made of existing vegetation where it has been determined by the planning director or designee that existing vegetation is appropriate for inclusion within the buffer, or when found not appropriate, shall be supplemented with approved, additional plantings.

2.

Disturbance or modification of the natural topography of the land for property improvements or during construction and maintenance activities is to be minimized, except in the following instances that have been approved by the planning director or designee:

a.

Where the land must be cleared and graded as required by the application of laws to prevent soil erosion or sedimentation;

b.

Where regulations for storm drainage improvements require alteration of the topography;

c.

Where necessary to prevent a nuisance, or to thin natural growth that has become so dense as to prohibit normal growth, or to remove diseased, misshapen, or dangerous or decayed growth;

d.

Where access and/or utility crossings have been approved.

3.

Vegetation, except for ground covers, shall be of such type as to be a height of not less than three feet when planted and which will, in normal growth, attain a height of six feet within three years; provided, however that such plant materials can form a hardy screen, dense enough and high enough both to interrupt vision and to reduce the transmission of sound.

(Ord. of 12-3-2018)

All properties except those containing single-family detached or attached residences and two-family residences shall provide a landscape strip, as defined by these regulations, of ten feet in width along the developed portion abutting any public street or right-of-way and five feet in width along the developed portion of side property lines. A five-foot wide landscape strip along a side property line may be relocated if required to share a common access drive along said side property line.

It shall be the responsibility of the property owner of a lot to be used or built upon to install and maintain the required landscape strips. Installation of landscape strips may be phased in accordance with approved building plans.

(Ord. of 12-3-2018)

In those instances where the natural vegetation and topography are insufficient to achieve the desired level of screening required by these regulations, a planted buffer shall be provided and shall consist of plant material of such growth characteristics as will provide an acoustical and visual screen. Planted materials shall conform to the following specifications:

1.

Trees used for screening purposes should be native to the region and shall not be deciduous. Trees should be at least three feet in height above the ground when planted or which will, in normal growth, attain a height of six feet within three years.

2.

Shrubs that are used to form hedges shall not be deciduous. Shrubs shall be a least three feet above the ground level when planted. They should be spaced in such a way that, when mature, they will form a continuous visual screen (hedge) that is at least six feet in height.

(Ord. of 12-3-2018)

The owner and/or user of the property shall be responsible for installing the trees and shrubs and maintaining them in a neat and orderly appearance. This includes irrigating or watering, fertilizing, pruning and replanting where necessary. In cases of noncompliance, the planning director or designee shall be empowered to take action as provided by law to ensure maintenance of all plant and landscaping materials.

(Ord. of 12-3-2018)

In the land development process, no more than 75 percent of the mature, healthy, existing trees in excess of ten inches DBH shall be cut, damaged or destroyed. Provided, however, that additional trees may be removed upon approval by the planning director or designee if one five-inch caliper tree or larger is planted and maintained for each one tree removed in excess of ten inches DBH. A tree survey shall be required prior to the removal of trees when tree removal is part of the development process. A tree survey shall not be required for a bona fide timber harvest as regulated through the state forestry commission. Once timber is harvested as regulated through the state forestry commission from a property, said property shall not be eligible for rezoning or development permits for a period of three years following the completion of the timber harvest.

(Ord. of 12-3-2018; Ord. of 8-19-2019, § 6)

Interior landscaping for parking areas shall be required for parking lots designed and constructed for more than five or more spaces. Such interior landscaping shall not be less than ten percent of the total area devoted to parking on the lot.

In districts where permitted, all outside storage areas shall be screened from all public rights-of-ways with a 100 percent opaque, solid wooden fence or masonry wall at least six feet in height, or a densely planted landscape strip of at least ten feet in width. The insertion of plastic or metal weaving into chain link fences shall not be considered to be in compliance with the requirements of this section. Access driveways serving open storage areas shall be provided with a gate that is 100 percent opaque. In cases where the governing body approves an open storage area as a conditional use in the NB or CHB districts, the governing body may require screening in addition to the requirements of this section.

(Ord. of 12-3-2018)

In all zoning districts, dumpsters and trash receptacles shall be screened from view from all public rights-of-ways, either by locating said dumpsters to the rear of a building, or by erection of a 100 percent opaque, solid wooden fence or masonry wall on three sides of said dumpster.

(Ord. of 12-3-2018)

Where buffers are required, the applicant must demonstrate, whether on appropriate plans or after inspection by the planning director or designee, that the plant materials in place or installed achieve the required screening. All site plans, plot plans and grading and drainage plans shall indicate all required buffers and landscape strips. Required buffers, landscape strips, and parking lot landscaping shall be installed in accordance with approved plans prior to the issuance of a certificate of occupancy. However, owing to special conditions or exceptional circumstance such as drought, said buffers and landscape strips may be installed within 90 days after the issuance of a certificate of occupancy, provided that a letter of credit, escrow money, performance bond or other approved alternative is submitted to the planning director or designee prior to the issuance of a certificate of occupancy.

(Ord. of 12-3-2018)