It is recognized that the adjacent location of certain land uses may create an incompatible situation that can be mitigated by the installation of a planted buffer. An incompatible situation can arise due to the location of commercial or industrial uses adjacent to residentially zoned land, or to a lesser extent due to location of two-family or multiple-family residences adjacent to single-family residential districts.

Therefore, when land is to be rezoned for a use creating an incompatible situation, or when a use deemed incompatible is modified or expanded, a planted buffer shall be provided along all sides and rear property lines to insulate adjacent properties from adverse impacts.

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

(1)

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

(2)

The location of two-family developments or multiple-family developments directly adjacent to land zoned for single-family residences.

The City Council or Director of Planning and Community Development may require a planted buffer between other districts or land uses when it is determined by the City Council or the Director that an incompatible situation exists.

(Ord. No. 2021-65 (A-21-24), § 11, 10-20-21; Ord. No. 2021-73 (A-21-24), § 11, 10-20-21)

The required buffer shall provide necessary visual privacy for the conduct of residential lifestyles in an undisturbed environment, and shall provide for the protection and preservation of property values in residential districts.

Planted 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 planted 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 planted buffer.

The requirements for planted buffers are as follows:

(1)

Where commercial or industrial land uses are contiguous with land zoned for single- family residential use, the minimum width of the required planted buffer shall be forty (40) feet.

(2)

Where commercial or industrial land uses are contiguous with land zoned for two-family or multiple-family residences, the minimum width of the required planted buffer shall be thirty (30) feet.

(3)

Where two-family or multiple-family land uses are contiguous with land zoned for single-family residences, the minimum width of the required planted buffer shall be twenty (20) feet.

In all other instances, the minimum width of a planted buffer as determined by the City Council shall not be less than twenty (20) feet and not more than seventy-five (75) feet. Plantings attaining a minimum height in excess of that required herein might be required to mitigate the impacts of certain projects.

The required planted buffer can be incorporated into the yard setback as specified in the appropriate zoning district.

The following are minimum specifications for required planted buffers. 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 easement.

(2)

Not to 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 natural growth, or to remove diseased, misshapen or dangerous and decayed timbers. Any contemplated disturbances shall first be brought to the attention of both the Director of Planning and Community Development and City Arborist 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 plantings.

(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)

Attain a minimum height of six (6) feet within three (3) years of the planting date.

(Ord. No. 2021-65 (A-21-24), § 12, 10-20-21; Ord. No. 2021-73 (A-21-24), § 12, 10-20-21)

Other evergreen plant materials having the same growth characteristics as the aforementioned may be substituted, subject to approval by the Director of Planning and Community Development and City Arborist prior to installation.

(Ord. No. 2022-06, § 4, 1-12-22; Ord. No. 2021-65 (A-21-24), § 13, 10-20-21; Ord. No. 2021-73 (A-21-24), § 13, 10-20-21)

Certain uses such as junk or 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 City Council shall require owners of such properties to completely enclose such operations by a fence which completely obscures views of the property from adjacent sidewalks and streets, 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 eight (8) feet nor more than twenty (20) feet in height when measured from the crown of the adjacent street(s). Such fences shall be constructed of solid materials. Construction of cyclone fencing, which utilizes metal inserts as screening, shall be prohibited. Fencing along street frontages shall be located not closer than ninety (90) feet from the centerline of the adjacent street. Uses existing at the date of adoption of this article shall have three (3) years to come into compliance.

Many operations which involve the stacking of inoperative or obsolete equipment or vehicles posing a direct health hazard to the public. The City Council shall require all such operations to submit to an annual inspection by the DeKalb County Board of Health. The results of such inspections shall be delivered to the City Council for review. If a business fails to pass such inspection, it shall have thirty (30) days to comply or it shall cease operations until such time that compliance is effected.