In all situations, when two adjoining properties are in dissimilar zone districts as indicated in table 7.1, the property within the zone district allowing more intensive uses is required to provide the buffer when acquiring a building permit unless the buffer was preexisting. When two adjoining vacant parcels are in dissimilar zone districts as indicated in table 7.1, no buffer is required when the parcel zoned for the less intensive use acquires a building permit.

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

7.2-1.

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 plan is required, a buffer plan shall be incorporated as part of the site development plan.

7.2-2.

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.

7.2-3.

Existing on-site trees and shrub plants may be credited as meeting the requirements of this article if the zoning administrator determines that such plant materials achieve the purposes of this article.

7.2-4.

Buffer "A" Design. Buffer "A" as required in table 7.1 shall consist of plantings or a fence, wall (not otherwise part of a structure or accessory structure), or a berm, which meets the screening standards of section 7.2-7.

7.2-5.

[Base Width of Plantings.] If plantings are chosen method of screening, the planting area shall have a minimum base width of 12 feet.

7.2-6.

Buffer "B" Design. Buffer "B" as required in table 7.1 shall have not less than a 20-foot base width and shall consist of plantings plus a fence, wall (not otherwise part of a structure or accessory structure), or a berm, or any combination thereof, which meets the screening standards of section 7.2-7.

7.2-7.

Screening Standards. Screening is a method of visually shielding or obscuring one use from another by fence, walls, berms or densely planted vegetation.

Plantings. Plantings shall consist of either trees or shrubs or any combination of both. Planted areas shall be located along the abutting property lines or in areas that will provide the best screening effectiveness. If trees or large shrubs are used solely as the screening devise, they shall be any evergreen species from the list provided by the zoning administrator which, under normal growing conditions, will attain a minimum height of six feet and a canopy spread of ten feet within three years. They shall be planted a minimum of 20 feet on center as shown in the following illustration:

If trees are used in combination with shrubs, they may be of any species from the list provided by the zoning administrator. Small trees shall be planted 30 foot on center, and large trees 40 foot on center as shown in the following illustration. Shrubs shall be any evergreen species from the list provided by the zoning administrator planted four feet on center as shown in the following illustration. Shrubs shall initially be of any size, which would normally attain a minimum height of six feet within three years after planting.

Walls. Walls shall be of masonry construction and a minimum height of eight feet. The wall shall be placed on the edge of the buffer nearest the most intense land use.

Fences. Fences shall be a minimum of eight feet in height and constructed of standard wood fencing materials and methods or chain link with woven inserts that will provide 90 percent visual blockage as shown in the examples provided by the zoning administrator. The fence shall be placed on the edge of the buffer nearest the most intense land use.

Berms. Earthen berms shall have a minimum height of six feet.

7.2-8.

Variances. The requirements of this article may be waived by city council or zoning board of appeals, depending, upon circumstances, if it is clearly demonstrated that the existing topography and/or vegetation will achieve the purposes of this article; or it clearly demonstrated that for topographic reasons, no required screening device could possibly screen the ground level activities of the use from the first floor view of the residential structure abutting the use.

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

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

7.4-1.

No planted materials shall be eliminated.

7.4-2.

The total width of the required buffer area shall be maintained.

The responsibility for maintenance of buffers shall remain with the owner of the property. Any required plant that has died shall be replaced. Maintenance of planted areas shall consist of mowing, removal of litter and dead plant materials, and necessary pruning. Fences and walls shall be kept in a condition that meets the requirements of this article.

See articles 14 and 17 of this ordinance for enforcement and penalty provisions.

When the date for issuing a certificate of occupancy does not coincide with the planting conditions that are necessary to install a required buffer, the zoning administrator shall accept a letter of credit or other acceptable surety for the buffer installation. Such surety shall be in the amount and form satisfactory to the zoning administrator and shall certify the following:

a.

That the creditor does guarantee funds in an amount to cover the cost of installing all buffers as estimated and approved by the zoning administrator;

b.

That in case of failure of the developer to complete the specified improvements, the creditor shall pay the government immediately, and without further action, such funds as are necessary to finance the completion of those improvements up to the limit of the secured credit; and

c.

That the letter of credit or other surety may not be withdrawn or reduced in amount until released by the zoning administrator after final inspection and certification of approval of the buffer.