It is recognized that the location of commercial or industrial land uses directly adjacent to single-family, two-family or multiple-family residential uses can create an incompatible situation. Additionally, the location of two-family, multiple-family residential land uses or mobile homes or manufactured homes directly adjacent to single-family residential land uses can be an incompatible situation. Accordingly, in commercial and industrial districts, when a principal structure is expanded or modified, a planted screening buffer shall be provided along all side and rear property lines contiguous with a residential district. In two-family, multiple-family residential or mobile home or manufactured home districts, when a new principal structure is built, or an existing principal structure is expanded or modified, a planted screening buffer shall be provided along all side and rear property lines contiguous with a single-family residential district. The mayor and council may require a similar buffer strip between other districts and land uses deemed to be incompatible.

(Code 1994, § 110-1; Ord. No. 01-02, § 10(11.1), 7-9-2001; Ord. No. 02-02, § 1, 5-13-2002)

(a)

A landscaped buffer strip is required to protect single-family, two-family and multiple-family residential land uses from excessive heat, dust, wind, light spill, unsightly views, odors, and other characteristics commonly associated with commercial and industrial land uses and related vehicular and pedestrian traffic, which can adversely impact the quality of residential life. The required buffer shall provide necessary visual and acoustical 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.

(b)

Required buffers shall be established and maintained by the owner of the incompatible land use. The required buffer must:

(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 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 normal growth, or to remove diseased, misshapen, or dangerous and decayed timbers. Any contemplated disturbance shall first be brought to the attention of the mayor and council and formal approval secured prior to initiating activity within required buffer areas.

(3)

Utilize existing vegetation 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 the local law or for a structure other than a fence.

(7)

Attain a minimum height of six feet within three years of the planting date.

(Code 1994, § 110-1; Ord. No. 01-02, § 11(11.2), 7-9-2001; Ord. No. 02-02, § 1, 5-13-2002)

(a)

As different types of land uses generate varying degrees of incompatibility, it follows that rigid width for a buffer strip could, in some instances, create undue hardship on the property owner. Therefore, the amount and type of planting required to accomplish adequate screening and insulation shall be variable, and in each instance shall be determined by the intensity and extent of the use judged incompatible. The following specifications of buffer strip widths will be used by the mayor and council to determine buffer strip requirements:

(1)

Where a commercial or industrial district is contiguous with a single-family residential district, the width of the required buffer strip shall not be less than 40 feet, nor more than 75 feet.

(2)

Where a commercial or industrial district is contiguous with a two-family, multiple-family residential district or a mobile home or manufactured home district, the width of the required buffer strip shall not be less than 30 feet, nor more than 75 feet.

(3)

Where a two-family, multiple-family district or a mobile home or manufactured home district is contiguous with a single-family residential district, the width of the required buffer strip shall not be less than 15 feet nor more than 40 feet.

(b)

In other instances where an incompatible situation is created, the width of the buffer strip shall be recommended by the mayor and council, but shall not be less than 15 feet nor more than 75 feet. The buffer strip required can include the minimum yard area as specified in the appropriate zoning district.

(Code 1994, § 110-1; Ord. No. 01-02, § 12(11.3), 7-9-2001; Ord. No. 02-02, § 1, 5-13-2002)

(a)

In those instances where the natural vegetation and topography are insufficient to achieve the desired level of screening as determined by the mayor and council, a planted buffer shall be provided and shall consist of plant material of such growth characteristics as will provide an acoustical and visual screen. The following plants are approved for use as part of the screening buffer:

(1)

Trees.

a.

American Holly.

b.

Arizona Cypress Redbay.

c.

Eastern Red Cedar.

d.

Laurel Cherry.

e.

Loblolly Pine.

f.

Virginia Pine.

g.

White Pine.

h.

Yaupon Holly.

(2)

Shrubs.

a.

California Privet.

b.

Cleyera.

c.

Euonymus.

d.

European Privet.

e.

Japan Yew.

f.

Japanese Privet.

g.

Northern Bayberry.

h.

Pittosporum.

i.

Southern Waxmyrtle.

(3)

Ground cover.

a.

Evergreen Candyturf.

b.

Lippia.

c.

Periwinkle.

d.

Short Juniper.

(b)

Other evergreen plant materials having the same growth characteristics as the aforementioned may be substituted, subject to approval by the mayor and council prior to installation.

(Code 1994, § 110-1; Ord. No. 01-02, § 13(11.4), 7-9-2001; Ord. No. 02-02, § 1, 5-13-2002)

The screening buffer planting and any required landscaped open space planting shall be guaranteed for the life of the commercial, industrial or residential development. Necessary trimming and maintenance shall be performed by the property owner providing the buffer to maintain the health of the plant materials, to provide aesthetically pleasing appearance, and to assure that the buffer actually serves the purpose for which it is intended.

(Code 1994, § 110-1; Ord. No. 02-02, § 1, 5-13-2002)

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 mayor and 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. Such fences shall be constructed of solid materials. Construction of cyclone fencing which utilizes metal inserts as screening shall be prohibited.

(Code 1994, § 110-1; Ord. No. 01-02, § 14(11.6), 7-9-2001; Ord. No. 02-02, § 1, 5-13-2002)