Buffer. A portion of a tract which is permanently set aside to provide a perceived or actual visual (or horizontal spatial) separation between the use on the tract and abutting tracts through the use of natural vegetation or other means including replanting or the provision of supplemental plantings or other visual screening elements or noise attenuation devices. Buffers shall remain undisturbed except as required to implement landscape enhancement.

Open space. A portion of a site which is permanently set aside for public or private use and will not be developed. The space may be used for passive or active recreation or may be reserved to protect or buffer natural areas. Open space may include wooded areas other than required landscape strips and buffers, pathways/walkways, fields and sensitive environmental areas such as wetlands, etc. Detention facilities and platted residential lots shall not be included in open space calculations.

(Ord. No. 2012-14, § 1, 12-10-2012)

Buffers are intended to protect adjacent or other properties from potential nuisances associated with neighboring uses and to protect the public from unsightly views along public rights-of-way. Such nuisances may include dust, litter, odor, noise, glare, and unsightly buildings, uses or parking areas. They are further intended to preserve and enhance the aesthetic qualities, character, privacy, and land values of property within the city. Buffers may also be required by zoning conditions or other formal approvals.

(Ord. No. 2008-10Z, exh. A, § 14.01, 8-25-2008; Ord. No. 2012-14, § 1, 12-10-2012)

Buffers shall be located along the common property lines between abutting zoning districts. Buffers shall be placed on the more intense zoning district and shall be required even if the abutting property is unimproved land. (Generally, industrially zoned districts are considered to allow more intense uses and single family residential less intense uses.) Property zoned R-CT, RM-12, RM-36, M-1 and M-2 shall have a 25 feet buffer along all public right-of-way. No buffer shall be located on, nor any portion thereof credited for, any portion of an existing public or private street right-of-way.

(Ord. No. 2008-10Z, exh. A, § 14.02, 8-25-2008; Ord. No. 2012-14, § 1, 12-10-2012, 10-28-2019; Ord. of 10-28-2019(1))

A buffer may be used for passive recreation; however, no plant material may be removed from any required buffer, except as provided for in section 80-36980-370 associated with buffer maintenance.

(Ord. No. 2008-10Z, exh. A, § 14.03, 8-25-2008; Ord. No. 2012-14, § 1, 12-10-2012; Ord. of 10-28-2019(1))

Buffers may be established within the required front, side or rear yard and the dimension of the buffer shall be credited toward the required yard dimension. However, no land disturbing activity may occur in the buffer except as required to implement landscape enhancement.

(Ord. No. 2008-10Z, exh. A, § 14.04, 8-25-2008; Ord. No. 2012-14, § 1, 12-10-2012)

(a)

Buffers are considered as permanent improvements and shall be permanently maintained in the same manner as buildings, parking facilities and utility structures. All plant material, fencing and earth berms depicted on the approved plans for any development shall be maintained or replaced to reflect the approved plans. Any degradation in the effectiveness of the approved buffer shall be considered a violation of this chapter.

(b)

Natural buffers comprised of existing plant materials shall be preserved during site construction, and conform to standards established for the district as provided herein. All such plants to be preserved shall be protected in accordance with chapter 74, Landscaping.

(Ord. No. 2008-10Z, exh. A, § 14.05, 8-25-2008; Ord. No. 2012-14, § 1, 12-10-2012; Ord. of 10-28-2019(1))

Buffers shall afford the maximum level of buffering necessitated by the land uses adjoining the required buffer. All buffers shall provide complete visual obstruction of the adjoining property. If the buffer area cannot achieve this level of obstruction in its natural state, landscape enhancement shall be required. Visual obstruction shall occur through the use of existing or provided evergreen plant material having the ability through its varietal height, shape and/or density to obstruct visibility through the buffer area from ground level to a height of 12 feet. Buffers shall attain satisfactory achievement of complete visual obstruction within two years of planting. Any landscaping shall be in accordance with chapter 74, Landscaping.

Buffer requirements may be expanded where circumstances of topography or other factors render normal buffers ineffective.

(Ord. No. 2008-10Z, exh. A, § 14.06, 8-25-2008; Ord. No. 2012-14, § 1, 12-10-2012; Ord. of 10-28-2019(1))

Minimum required buffer width by zoning district:

When R-CT, RM-12, RM-36 or O&I zoned properties abut a single-family residential district, DTMU zoned property; a 25 feet buffer shall be required.

When C-1, C-2, M-1, or M-2 zoned properties abut all other zoning districts; a 50 feet buffer shall be required.

(Ord. No. 2008-10Z, exh. A, § 14.07, 8-25-2008; Ord. No. 2012-14, § 1, 12-10-2012, 10-28-2019; Ord. of 10-28-2019(1))

(a)

Development projects which, by virtue of density or extent, have the potential to remove significant areas of open space from the natural environment shall reserve a minimum percentage of the project's land area as open space. The purpose of this reservation is two-fold:

(1)

The first purpose is related to the rural character of the city as a resource, which has attracted residents. As is true of many rural areas, intensive development tends to spoil much of the resource originally responsible for that growth. Therefore, in order to protect the city's quality living environments, all development of sites in R-CT, RM-12, RM-36, O&I, and P&O districts shall preserve open areas according to the following formula:

a.

Projects which disturb areas of open space greater than one-acre shall retain a minimum of 30 percent of the gross site acreage in permanent open space.

b.

Projects which disturb areas of open space greater than one-acre and provide a variety of site amenities, including but not limited to walking paths or trails, benches, lighting, picnic areas, and recreation facilities, shall retain a minimum of 20 percent of the gross site acreage in improved open space.

c.

Projects which disturb areas of open space greater than one acre and provide site amenities consistent with the provisions of subsection (a)(1)b., and link those areas to similar areas on adjoining property which currently exist or could reasonably be utilized as open space, shall retain a minimum of ten percent of the gross site acreage in improved open space.

(2)

The second purpose of the open space reservation is related to the storm drainage pattern of the city. As a rural community, the city relies on surface runoff systems, and has no significant infrastructure in storm drainage. This system depends on a great deal of porous surfaces and open areas to function properly. The cost of construction of a storm drainage utility system is prohibitive. As a result, the city must protect its open areas and natural storm drainage system. This protection will be achieved through enforcement of the provisions of this section in all development projects proposed for R-CT, RM-12, RM-36, O&I, and P&O districts on sites greater than one acre.

(b)

Projects which alter the site's natural drainage system by grading an area greater than 50 percent of the gross acreage of the site, or by installing drainage structures requiring piping above 18 inches in diameter shall retain 30 percent of the gross acreage in open space.

(c)

Projects which preserve natural drainage swales and associated areas in permanent, natural settings shall retain 20 percent of the gross acreage in open space.

(d)

Projects which preserve natural drainage swales and associated areas in permanent, natural settings, and which are linked to natural drainage routes on adjoining properties, shall retain ten percent of the gross acreage in open space.

(e)

Acreage on development sites affected by this section encompassed by natural water features, floodplains or areas preserved as greenbelts or wetlands may be credited toward the open space reservation. The requirements of this section are, however, in addition to those required under article IX.

(f)

Required yard areas are not credited toward the open space reservation.

(Ord. No. 2008-10Z, exh. A, § 14.08, 8-25-2008; Ord. No. 2012-14, § 1, 12-10-2012; Ord. of 10-28-2019(1))