(A)   Bufferyards are the open space setbacks which separate site improvements from adjacent property lines and street rights-of-way. These may contain natural materials including but not limited to vegetation, ground cover, mulch and other pervious materials.

   (B)   The provisions contained in the bufferyard requirements shall not apply to those uses located within the CD Downtown Commercial Zoning District.

   (C)   To determine the bufferyard required by this article, the following steps shall be taken:

      (1)   Identify the land use classification number of the proposed and existing adjacent land use(s) as listed under Article D, section 9-4-78, Table of Uses, of this chapter.

      (2)   Use the bufferyard chart to determine the appropriate letter designation for each required bufferyard.

      (3)   Match the letter designation obtained from the bufferyard chart with the letter designation of the bufferyard setback table to determine the required bufferyard.

      (4)   The bufferyard chart and bufferyard setback table are contained herein.

(Ord. No. 95-111, § 1, passed 11-9-1995)

   Prior to the issuance of any permit or the granting of any other approval the applicant shall indicate on all required plans the location, type and dimension of all bufferyards required by this article.

(Ord. No. 95-111, § 1, passed 11-9-1995)

   (A)   The land use classification number for proposed and adjacent uses shall be obtained from the table of uses set forth in Article D, section 9-4-78 and Appendix A of this chapter.

   (B)   Where uncertainty exists as to the appropriate land use classification number for any proposed and/or adjacent use the Director of Planning and Development Services shall determine the land use classification number in each individual case. In reaching the determination, the Director of Planning and Development Services shall be guided by the requirements for similar uses.

   (C)   Prior to the issuance of any permit an appeal, from a decision of the Director of Planning and Development Services pursuant to subsection (B) above, shall be made to the Board of Adjustment in the nature of an interpretation.

(Ord. No. 95-111, § 1, passed 11-9-1995; Ord. No. 06-75, § 1, passed 8-10-2006; Ord. No. 19-045, § 1, passed 9-12-2019)

   (A)   Bufferyard chart. See also subsection (B).

 

 

   (B)   Exemptions.

      (1)   Within any CDF and/or OR District all existing adjacent Classification 1 and/or Classification 2 land uses shall be construed as Classification 3 land uses for purposes of determining proposed land use bufferyard requirements.

      (2)   Within any district all existing adjacent church uses shall be construed as a Classification 3 land use for purposes of determining proposed land use bufferyard requirements.

      (3)   Within any district, parking areas for two-family attached development or conversion shall be subject to the bufferyard setback and screening requirement applicable to a Classification 2 land use whenever the parking area is located in a side and/or rear yard and the yard abuts a lot located in any residential district which contains an existing single-family dwelling or abuts a vacant lot or tract located in a single-family district. The bufferyard setback and screening requirement of this section shall only apply to that portion of the parking area located within the side and/or rear yard.

   (C)   Notes. Pursuant to the bufferyard chart the following notes are additional minimum setback requirements:

      (1)   Note: 1. Building setbacks shall be in accordance with applicable regulations for the zoning district and use.

      (2)   Note: 2. Unless otherwise provided, building setbacks shall be determined in the following manner:

         (a)   No structure shall exceed the maximum height allowance as specified under Article F of this chapter.

         (b)   Structures 35 feet in height and under, in accordance with prescribed bufferyards.

         (c)   Structures over 35 feet in height, in accordance with prescribed bufferyards or by using the following formula, whichever is greater: D = 6 + 2(S) + L/10 where D is the minimum setback distance, S is the number of stories and L is the length of the wall. Where the length of the wall is set back eight feet or more, the length (L) of each segment or plane is measured separately in determining the required yard depth (see definition of story).

         (d)   Setbacks for parking, storage, dumpsters and the like shall be in accordance with prescribed bufferyards.

(Ord. No. 95-111, § 1, passed 11-9-1995; Ord. No. 95-138, § 1, passed 12-14-1995; Ord. No. 97-85, §§ 1, 2, passed 8-14-1997; Ord. No. 99-6, § 4, passed 1-14-1999)

   (A)   Bufferyards A and B.

      (1)   Lot size less than 25,000 square feet: Four feet.

      (2)   Lot size 25,000 square feet to 175,000 square feet: Six feet.

      (3)   Lot size over 175,000 square feet: Ten feet.

   (B)   Bufferyard C.

      (1)   All lots: Ten feet.

      (2)   Where a fence or evergreen hedge option is used the bufferyard setback may be reduced to: Not less than eight feet.

   (C)   Bufferyard D.

      (1)   All lots: 20 feet.

      (2)   Where a fence, evergreen hedge or berm option is used the bufferyard setback may be reduced to: Not less than ten feet.

   (D)   Bufferyard E.

      (1)   All lots: 30 feet.

      (2)   Where a fence, evergreen hedge or berm option is used the bufferyard setback may be reduced to: Not less than 15 feet.

   (E)   Bufferyard F.

      (1)   All lots: 50 feet.

      (2)   Where a fence, evergreen hedge or berm option is used the bufferyard setback may be reduced to: Not less than 25 feet.

   (F)   Fences option. Must create a complete visual barrier for at least six feet in height. Acceptable materials are cedar, masonry, redwood, chain link with slats and treated lumber resistant to rot. Fence installation should be consistent with acceptable building practices.

   (G)   Evergreen hedge option. In lieu of fence installation as required or optioned the owner may elect to install an evergreen hedge to satisfy the bufferyard width reduction standards under Bufferyards C, D, E and F in accordance with the following:

      (1)   The evergreen hedge vegetation material shall be in addition to any vegetation requirement applicable to the site pursuant to Article P of this chapter.

      (2)   The hedge shall consist of qualified materials designed to create a complete year- round visual barrier to a height of six feet within 12 months of planting.

      (3)   Vegetation material types and installation shall be in accordance with Article P of this chapter.

   (H)   Existing fencing. Where there is an existing fence of acceptable material located on adjacent property which creates a complete visual barrier of at least five feet in height and the fence is located adjacent to and along the abutting property line, as determined by the Director of Planning and Development Services, the developer may elect to reduce the bufferyard width for Bufferyards C, D and E in accordance with subsections (B), (C) and (D) above.

   (I)   Berm option. In lieu of fence installation as required or optioned the owner may elect to install a berm to satisfy the bufferyard width reduction standards under Bufferyards D, E and F in accordance with the following:

      (1)   Minimum height: Six feet as measured vertically from the inside bufferyard setback line to a point parallel to the top of the berm crown.

      (2)   Maximum slope: One and one-half feet horizontal for each one foot vertical; provided however, berms having a slope greater than two feet horizontal for each one foot vertical shall be constructed in multiple terraces which are bound by retaining structures specifically designed for that purpose.

      (3)   Minimum crown width: Two feet; provided, however, if a berm is shared between adjoining properties the portion of the crown located on any lot shall not be less than one foot.

      (4)   Where qualified vegetation materials are planted on a berm slope, a terraced planting area designed in accordance with acceptable and recognized practice shall be provided.

      (5)   A berm may be shared between adjoining properties provided the properties individually comply with all requirements.

      (6)   Berm slopes shall be stabilized to prevent erosion.

      (7)   Berms shall be installed in accordance with acceptable and recognized engineering practice. No berm shall be installed and/or altered without the approval of the City Engineer.

   (J)   Where a bufferyard width is reduced pursuant to the fence, evergreen hedge, or berm option all required visual barriers shall be continued to the property line or not less than 20 feet beyond any encroachment, whichever is less.

   (K)   (1)   Except as further provided, minimum non-screening Bufferyard B setbacks set forth under this section 9-4-119, and/or minimum street right-of-way building setbacks for residential and nonresidential uses may be reduced by up to 10%, at the option of the owner, where the reduction is necessary to retain an existing ten-inch-plus caliper large tree, provided:

         (a)   The tree is determined, by the Director of Planning and Development Services or his or her designated representative, to be either natural growth (seedling) vegetation or that the tree has been in existence for not less than 20 years at the current location, otherwise previously transplanted trees shall not qualify for purposes of this section;

         (b)   The reduction is indicated upon an approved site plan; including the location, type and caliper of the subject tree, and the building separation and future no-build zone as further described;

         (c)   A building to tree trunk separation of not less than ten feet is maintained at the time of initial construction;

         (d)   No new future buildings, expansions or additions to existing buildings, or other impervious areas including parking areas and/or drives, shall be allowed to encroach into a designated future no-build zone, described as a ten-foot radius from the center of the trunk of the retained tree; and

         (e)   A six-inch or greater caliper large tree shall be substituted in replacement of any dead or diseased tree qualified under this requirement, at the location of the removed tree, within 60 days of removal of the tree by the owner or within the period following notice by the city.

      (2)   The setback reduction allowance shall not apply to single-family and two-family attached (duplex) development or associated accessory structures.

(Ord. No. 95-111, § 1, passed 11-9-1995; Ord. No. 05-123, § 4, passed 10-13-2005; Ord. No. 06-75, § 1, passed 8-10-2006; Ord. No. 19-045, § 1, passed 9-12-2019)

   (A)   Measurements; location of bufferyards. Bufferyard setbacks shall be measured from lot boundary lines except as further provided.

   (C)   Overlapping bufferyards. Whenever two or more bufferyard requirements are applicable to the same use or combination of uses, then the more stringent of the bufferyard requirements shall apply, except as further provided.

   (D)   Planned center. In the case of planned centers containing multiple principal uses, such as shopping centers, office/commercial unit ownership type developments and the like, the initial bufferyard requirement shall be based on the anticipated primary occupancy of the center and the requirement shall apply to all subsequent uses absent any change in zoning for the planned center.

   (E)   Shopping centers, vertical mixed-use developments, condominium/townhouse, multi-family group and planned center type developments. Bufferyards are required only along exterior property lines of the development.

   (F)   Easement. No fence, evergreen hedge or berm optioned or required by this article shall be located on property subject to utility or drainage easements without the written consent of the city and easement holder. Site plan approval from the respective easement holder shall be construed as approval of all noted encroachments.

   (G)   Drainage ditch. No fence, evergreen hedge or berm optioned or required by this article shall be located within five feet of the outer edge of a drainage ditch. Stormwater detention structures having a slope of two feet horizontal for each one foot vertical or steeper shall be considered a drainage ditch for purposes of this section.

   (H)   Encroachments.

      (1)   Bufferyards for adjacent public and/or private streets may only be encroached upon by driveways, signage and general (public/customer) pedestrian access walkways, provided the walkways comply with subsection (H)(3) below.

      (2)   Bufferyards for peripheral lot boundaries shall not be encroached upon by vehicular areas (except common access drives and parking lots), service access walkways, exterior storage, mechanical equipment, principal and/or accessory structures, garbage/trash container pads and the like unless otherwise provided. Encroachments by stormwater detention structures may be allowed subject to the approval of the City Engineer. Exterior lighting may encroach three feet into required bufferyards. General (public/customer) pedestrian access walkways may encroach into required bufferyards provided the walkways comply with subsection (H)(3) below.

      (3)   General (public/customer) pedestrian access walkways shall be subject to compliance with all of the following requirements:

         (a)   Such walkways shall be designed to provide direct access to and from adjacent public and/or private streets, designated common property, public access easements and lot lines;

         (b)   Encroachment zone. Walkways are allowed to cross individual or abutting bufferyards within an area equal in width to the minimum bufferyard as measured perpendicular to the property line;

         (c)   Maximum width of each individual walkway shall not exceed six feet; and

         (d)   Within the minimum bufferyard area two or more walkways providing access to a lot along any single property line shall be separated by not less than 50 feet as measured from center of walkway to center of walkway.

      (4)   Aboveground public utility apparatus, structures or covers including transmission lines, poles and support wires, transformers, meters, pumps, regulators, catch basins, manholes, vents, switching or control boxes and the like may encroach into any bufferyard setback provided the use does not constitute a public utility building or use as defined under Article B of this chapter.

   (I)   Recreational use of bufferyards. A bufferyard may be used for passive recreation; it may contain pedestrian, bike or equestrian trails, provided that:

      (1)   The total width of the bufferyard is increased in direct proportion to the width of any encroachment(s) except as further provided;

      (2)   Public dedicated greenway improvements shall be exempt from subsection (I)(1) above; and

      (3)   All other regulations of this article and Article P of this chapter are met. In no event, however, shall the following uses be permitted in bufferyards: playground equipment, playfields, stables, swimming pools and ball courts.

   (J)   Maintenance of on-site fences. To ensure that fencing will be maintained in a safe and aesthetic manner, the following maintenance requirements shall be observed for all fencing required by this article:

      (1)   No fence shall have more than 20% of its surface area covered with disfigured, cracked or missing materials or peeling paint for a period of more than 30 successive days.

      (2)   No fence shall be allowed to remain with bent or broken supports, or be allowed to stand more than 15 degrees away from perpendicular for a period of more than 30 successive days.

   (A)   Except as further provided, developments that do not comply with the bufferyard setback requirements of this article shall be subject to the provisions contained in Article C of this chapter.

   (B)   Where there is noncompliance with any bufferyard setback standard(s) and when an applicant requests a change of use permit one of the two following situations shall apply:

      (1)   Where there is a change of land use and the new land use is of the same or lower land use classification no additional requirements shall apply for the existing improvements; provided, however, any expansion shall be subject to the current requirements of this article.

      (2)   Except as otherwise provided, where there is a change of land use and the new land use is of a higher land use classification the new use shall comply with all bufferyard setback standards in accordance with subsections (C) and (D) of this section.

   (C)   Where there is a substandard C, D, E or F bufferyard setback separating existing improvements from an adjacent property line the fence, evergreen hedge or berm option contained in section 9-4-119 shall apply. The improvements shall be installed prior to issuance of any final occupancy permit.

   (D)   The provisions of this section shall not be construed to require the removal of existing structures, buildings, improved parking areas, improved drives, mechanical equipment and lighting or other fixed improvements; provided, however, all other encroachments including but not limited to concrete islands and the like shall be removed.

(Ord. No. 95-111, § 1, passed 11-9-1995)

   Vegetation requirements shall be installed where and when applicable in accordance with Article P of this chapter.

(Ord. No. 95-111, § 1, passed 11-9-1995)