a.

Purpose.

The bufferyard and screening provisions are included in this chapter to improve the physical appearance of the community; to improve the environmental performance of new development by contributing to the abatement of heat, glare, or noise and by promoting natural percolation of storm water and improvement of air quality; to buffer potentially incompatible land uses from one another; and to conserve the value of property and neighborhoods with the City.

b.

Applicability.

The provisions of this article shall apply to all new development on each lot, site, or common development upon application for a building permit, except for the following:

i.

Reconstruction or replacement of a lawfully existing use or structure following casualty loss.

ii.

Remodeling, rehabilitation, or improvements to existing uses or structures which do not substantially change the location of structures or the location and design of parking facilities or other site improvements.

iii.

Additions or enlargements of existing uses or structures, except surface parking, which increase floor area or impervious coverage by less than twenty (20) percent. Where such additions or enlargements are twenty (20) percent or greater, these provisions shall apply only to that portion of the lot, site, or common development where the new development occurs.

c.

Conflicts.

Any conflict between this section and another chapter of this chapter shall be resolved in favor of the more restrictive provision.

d.

Definitions.

The following definitions shall be used for terms contained within this article:

i.

Bufferyard: A landscaped area provided to separate and partially obstruct the view of two (2) adjacent land uses or properties from one another.

ii.

Landscaped Area: That area within the boundaries of a given lot consisting primarily of plant material, including, but not limited to, grass, trees, shrubs, flowers, vines, ground cover, and other organic plant materials. Inorganic materials, such as brick, stone, or aggregate, may be used within landscaped areas, provided that such material comprises no more than thirty-five (35) percent of the area of the required landscaped area. Flat concrete or asphalt, other than walkways five (5) feet or less in width, may not be used within a required landscaped area.

iii.

Tree: A woody plant having at least one (1) well-defined trunk or stem and a more or less definitely formed crown, usually attaining a mature height of at least eight (8) feet.

e.

General Standards.

i.

Location and Design: Bufferyards shall be located on the outer perimeter of a lot or parcel, extending to the lot or parcel boundary line. Buffers shall not be located on any portion of an existing, dedicated, or reserved public or private street or right-of-way. The bufferyard is normally calculated as parallel to the property line. However, the planning director may permit design variations in the bufferyard; but, in no case, shall the average depth of the bufferyard be less than that required of this article. Average depth shall be measured at the two end points of the buffer and two additional points that are approximately one-third of the total linear distance from the end point. At his/her sole discretion, the planning director may determine that these measuring points do not represent a fair approximation of the average depth of the buffer, and he/she may include additional measuring points to provide a more definitive approximation of the average depth of a proposed bufferyard. Where a required drainage, utility, or other easement is partially or wholly within a required bufferyard, the developer shall design the buffer to minimize plantings within the required easement.

The planning director, the Planning Commission, and the City of Hernando may require additional bufferyard area or additional plantings of the developer in such instances to ensure that the screening purpose of the bufferyard is maintained.

ii.

Use of Bufferyards: A bufferyard may be used for some forms of passive recreation. It may contain pedestrian, bike, or equestrian trails, provided that:

(1)

No required plant material is eliminated.

(2)

The total depth/width of the bufferyard is maintained.

(3)

All other regulations of this chapter are met. In no event, however, shall the following uses be allowed in bufferyards: accessory buildings, sheds, garages, playfields, stables, swimming pools, tennis courts, or similar active recreation uses.

iii.

Ownership of Buffers: Bufferyards may remain in the ownership of the original owner/developer (and assigns) of a developing property. Bufferyards may be subjected to deed restrictions and subsequently be freely conveyed. They may be transferred to any consenting grantees, such as owners associations, adjoining land owners, a park district, the City, or any conservation group, provided that any such conveyance adequately guarantees the protection of the bufferyard for the purposes of this article.

f.

Determination of Bufferyard Requirements.

To determine the type of bufferyard required between two adjacent parcels, the following procedure shall be followed:

i.

Identify the zoning classification of the proposed development by referring to Table 1.

ii.

Identify the zoning classification and status of development (undeveloped vs. platted and/or developed) of each adjoining property, including properties located across an intervening street, by referring to Table 1.

iii.

Determine the bufferyard requirements for those, side, rear, and front lines or portion thereof on the subject development parcel by referring to Table 1 in this section and the additional requirements of this section. Existing plant material may be counted as contributing to the total bufferyard requirement. The bufferyards specified are to be provided on each lot or parcel independent of adjoining uses or adjoining bufferyards.

iv.

Should a developed parcel increase in intensity or zoning classification from a given zoning district to a more intense zoning district (e.g., from R-20 to R-12, from C-1 to C-3), the Planning Commission shall, during the site plan or subdivision review process, determine if additional bufferyard is needed and, if so, to what extent and type.

v.

Additional Bufferyard Provisions: In addition to the requirements provided in this section, the following bufferyard provisions shall apply to proposed development parcels. In general, the owner, developer, or operator of a proposed use within a development parcel shall install and maintain a landscaped bufferyard on his/her lot, site, or common development, as set forth in this section.

(1)

Parcels with Intervening Major Street - When an arterial or collector street (as identified on the Transportation Plan for City of Hernando, (2007) separates adjacent development parcels requiring a bufferyard, the required bufferyard shall be the greater of one-half of the required bufferyard set forth in Table 1 of this article or fifteen (15) feet. Relief from this provision may be recommended by the Planning Commission.

(2)

Parcels with Intervening Local Street - When a local street (as identified on the Transportation Plan for City of Hernando, (2007) or any other public right-of-way separates adjacent development parcels requiring a bufferyard, the required bufferyard shall be the greater of two-thirds of the required bufferyard set forth in Table 1 of this article, or twelve (12) feet.

(3)

Railroad rights-of-way - Any lot or site which is adjacent to an active railroad right-of-way shall be exempt from any bufferyard requirement along the common property line with such right-of-way.

(4)

Lot Size Compatibility Provision - For any residential development parcel, including parcels located in a Residential Overlay District, along a common property line of an adjacent developed and/or platted residential use, the following provisions may be applied in lieu of the requirements of Table 1 of this article:

(a)

No bufferyard shall be required if the average lot size of a development parcel's contiguous lots is equal to or exceeds the average lot size of an adjacent, developed, residential use (measured by averaging the lot sizes of platted lots contiguous to the proposed development parcel).

(b)

The required bufferyard shall be reduced to ten (10) feet, if the average lot size of a development parcel's contiguous lots is equal to or exceeds eighty (80) percent of the average lot size of an adjacent, developed residential use (measured by averaging the lot sizes of platted lots contiguous to the proposed development parcel).

g.

Table of Bufferyard Requirements.

The table on the following page shall be used to determine the bufferyard requirements of a development parcel which is adjacent to a developed and/or platted property, site, or common development.

h.

Transitional Bufferyard Landscaped Area and Minimum Width Regulations.

i.

General Design Standards: The following general provisions shall apply to the design and construction of transitional bufferyards as defined herein:

(1)

The layout, design, and arrangement of the prescribed numbers and types of landscape materials within a bufferyard shall be in accordance with this section.

(2)

In those bufferyards which require the construction of a berm, wall, or similar opaque barrier, the following provisions shall apply.

(a)

An opaque barrier, at the height prescribed in the specific bufferyard design type standards in this section, shall be provided which visually screens the potentially offensive development parcel uses from the adjacent properties as follows:

(i)

A masonry wall, a minimum of three (3) feet in height, of a design approved by the planning director.

(ii)

A hedge-like screen or a random or informal screen plantings of broadleaf evergreen shrubs or approved deciduous plant material, capable of providing a substantially opaque barrier and attaining a minimum height of four (4) feet within three (3) years of planting. Hedges shall be planted initially at minimum spacings and sizes to adequately provide a substantially opaque barrier within two years of planting.

(iii)

A landscaped earth berm with a maximum slope of 3:1, rising no less than two and one-half (2.5) feet above the existing grade at the lot line separating the development parcel from adjacent properties. Landscape materials to be included on the berm are identified in this section.

(iv)

Any combination of these methods that achieves the cumulative minimum height prescribed in each bufferyard type.

ii.

Transitional Bufferyard Design Types: Transitional bufferyards of the following types shall be provided in the situations as identified by the entries in Table 1 of this section.

(1)

Bufferyard Type "10": Transitional bufferyard Type 10 shall consist of a strip of landscaped area, a minimum of ten (10) feet wide, landscaped as follows:

(a)

Residential Bufferyards: One medium evergreen tree (ultimate height 20—40') for every fifteen (15) feet planted on triangular staggered spacing, PLUS one large deciduous tree (ultimate height 50+ feet) for every sixty (60) linear feet measured along the common property line.

(b)

Commercial Bufferyard: One large deciduous tree (ultimate height 50+ feet) for every sixty (60) linear feet, PLUS a group of two (2) small deciduous or ornamental trees (spaced at 30 feet on centers) for every sixty (60) linear feet (planted) between the large deciduous trees.

(2)

Bufferyard Type "15": Transitional bufferyard Type 15 shall consist of a strip of landscaped area, a minimum of fifteen (15) feet wide, landscaped as follows:

(a)

Residential Bufferyards: One medium evergreen tree (ultimate height 20—40') for every fifteen (15) feet planted on triangular staggered spacing, PLUS one large deciduous tree (ultimate height 50+ feet) for every sixty (60) linear feet measured along the common property line.

(b)

Commercial Bufferyard: One large deciduous tree (ultimate height 50+ feet) for every sixty (60) linear feet, PLUS a group of two (2) small deciduous or ornamental trees (spaced at 30 feet on centers) for every sixty (60) linear feet (planted) between the large deciduous trees.

(3)

Bufferyard Type "20": Transitional bufferyard type 20 shall consist of a strip of landscaped area, a minimum of twenty (20) feet wide, landscaped as follows: one large deciduous tree (ultimate height 50+ feet) for every seventy-five (75) linear feet, PLUS a group of three (3) medium evergreen trees (planted on 15 feet triangular staggered spacing) and one small deciduous or ornamental tree (planted 15 feet from evergreens) for every seventy-five (75) linear feet.

(4)

Bufferyard Type "25": Transitional bufferyard type 25 shall consist of a strip of landscaped area, a minimum of twenty-five (25) feet wide, landscaped as follows: an opaque barrier shall be installed within the bufferyard, in accordance with the requirements of Paragraph 8, A, 2, a, of this section, to a minimum height of six (6) feet, PLUS one large deciduous tree (ultimate height 50+ feet) for every sixty (60) linear feet, PLUS a group of two (2) small deciduous or ornamental trees (spaced 30 feet on center) for every sixty (60) linear feet measured along the opaque barrier. The landscape materials shall be planted on the side of the opaque barrier which abuts the less intense zoning district or development.

(5)

Bufferyard Type "30": Transitional bufferyard type 30 shall consist of a strip of landscaped area, a minimum of thirty (30) feet wide, landscaped as follows: an opaque barrier shall be installed within the bufferyard, in accordance with the requirements of Paragraph 8, A, 2, a, of this section, to a minimum height of six (6) feet, PLUS one medium evergreen tree (ultimate height 20—40 feet) for every fifteen (15) feet planted on triangular staggered spacing, PLUS one large deciduous tree (ultimate height 50+ feet) for every sixty (60) linear feet measured along the opaque barrier. The landscape materials shall be planted on the side of the opaque barrier which abuts the less intense zoning district or development.

(6)

Bufferyard Type "35": Transitional bufferyard type 35 shall consist of a strip of landscaped area, a minimum of thirty-five (35) feet wide, landscaped as follows: an opaque barrier shall be installed within the bufferyard, in accordance with the requirements of Paragraph 8, A, 2, a, of this section, to a minimum height of six (6) feet, PLUS one medium evergreen tree (ultimate height 20—40 feet) for every fifteen (15) feet planted on triangular staggered spacing, PLUS one small deciduous or ornamental tree for every eighty (80) linear feet, PLUS one large deciduous tree (ultimate height 50+ feet) for every eighty (80) linear feet measured along the opaque barrier. The landscape materials shall be planted on the side of the opaque barrier which abuts the less intense zoning district or development.

(7)

Bufferyard Type "40": Transitional bufferyard type 40 shall consist of a strip of landscaped area, a minimum of forty (40) feet wide, landscaped as follows: an opaque barrier shall be installed within the bufferyard, in accordance with the requirements of Paragraph 8, A, 2, a, of this section, to a minimum height of ten (10) feet, PLUS one medium evergreen tree (ultimate height 20—40 feet) for every fifteen (15) feet planted on triangular staggered spacing, PLUS one small deciduous or ornamental tree for every eighty (80) linear feet, PLUS one large deciduous tree (ultimate height 50+ feet) for every eighty (80) linear feet measured along the opaque barrier. The landscape materials shall be planted on the side of the opaque barrier which abuts the less intense zoning district or development.

(8)

Bufferyard Type "50": Transitional bufferyard type 50 shall consist of a strip of landscaped area, a minimum of fifty (50) feet wide, landscaped as follows: an opaque barrier shall be installed within the bufferyard, in accordance with the requirements of Paragraph 8, A, 2, a, of this section, to a minimum height of ten (10) feet, PLUS one medium evergreen tree (ultimate height 20—40 feet) for every ten (10) feet planted on triangular staggered spacing, PLUS one small deciduous or ornamental tree for every eighty (80) linear feet, PLUS one large deciduous tree (ultimate height 50+ feet) for every eighty (80) linear feet measured along the opaque barrier. The landscape materials shall be planted on the side of the opaque barrier which abuts the less intense zoning district or development.

iii.

Additional Bufferyard Provisions. The following additional provisions shall apply to the design standards for required bufferyard landscaping.

(1)

Preservation of healthy existing tree vegetation within a required bufferyard is strongly encouraged. Preservation of each healthy existing tree, of species and size (at least four and one-half inches caliper) approved by the planning director, shall count as one tree towards the fulfillment of the landscape requirements of this section.

(2)

A development parcel may continue to comply with the bufferyard and screening requirements in effect at the time of issuance of its initial building permit, regardless of whether an adjacent lot, site, or common development is rezoned to a less intense district which requires additional bufferyards or screening.

iv.

Performance Bonding.

(1)

If, at the time of an application for a certificate of occupancy, any required landscaping has not been installed, the developer or owner of a development parcel must submit surety (by bond, certificate of deposit), letter of credit, or other security approved in writing by the City attorney) satisfactory to the City, in the amount of the value of a bona fide contract to install such landscaping, times 1.15 percent. Such a contract must be reviewed and approved by the permits and inspections division.

(2)

The developer or owner shall grant the City permission to enter upon the land to install required landscaping if this has not been done within twelve (12) months of the effective date of the certificate of occupancy.

(3)

The City shall release any bond or other arrangement immediately when the permits and inspections division verifies that required landscaping has been installed.

* No bufferyard required.

Note: Bufferyard requirements stated above are in terms of the average width of the bufferyard along a common boundary of an adjacent development and/or platted property. Consult all other paragraphs of this section for additional bufferyard provisions and landscape screening requirements of the bufferyard.