A greenway, buffer, or open space reservation will be provided by easement in all areas of interface between commercial, industrial, and residential zones.
1. Definitions and Interpretations. For use in this section the following definitions and interpretations will apply:
Buffer. In addition to definition, a buffer means any land use method that may ease the effect between one land use and a different land use in the sense of helping to achieve greater efficiency and economy of land development by promoting the grouping of those activities which have similar needs and are compatible, and in the sense of promoting the purpose of this Zoning Code. (See Section
170.07(2)(K))
Greenway. In addition to the definition, greenway means a type of buffer in which the use of land is open in the sense of being free of all structures, parking areas, drives, signs, right-of-ways, easements, and the like, however, a greenway may be fenced. Greenway easements will be a minimum of 50 feet wide and may be developed for bicycle or pedestrian traffic and may have benches, trees, and shrubs, and such uses must be specifically provided for in the language of the easement. (See Definitions section)
Open Space. Means a type of buffer in which use of land is open in the sense of being free of buildings only. Open space will be of a determined size and may yield any desirable open space use (i.e., parks, parking lots, playgrounds, etc.) (See Section
175.27(3))
2. Use of Buffers Required. Buffer areas shall be provided when a use is established in a more intensive zoning district which is adjacent to a less intensive zoning district consisting of open spaces, greenways, landscaping, berm fences, and other physical barriers, or some combination of the above, to reduce the impact of the difference in activity, sound, light, and bulk of the development within the less intense zone. Buffer areas shall be included and shown on the site plan and shall include the following as a minimum:
A. The buffer provision responsibility shall belong to the higher intensity use when being established next to an existing lower density use.
B. When both properties are vacant and un-platted, half of the land required to provide a buffer shall be provided by each use and the development of buffer improvements shall be coordinated in conjunction with these requirements.
C. The distance requirements for buffer areas may be reduced by up to 50 percent if an opaque structural barrier, decorative fence, wall, landscaping, or other similar device or method is employed.
D. If landscaping is used as a buffer technique, it shall be capable of effectively screening headlights, outdoor storage areas, and trash receptacle areas from abutting uses.
3. Provision of Greenways, Buffers, or Open Spaces. The provision of yards, courts, and other open spaces and minimum lot areas legally required for a building under this Code, will be a continuing obligation of the owner of such building or of the property on which it is located as long as the building is in existence. Such open spaces will be completely landscaped with such aesthetic materials as, but not limited to, trees, shrubbery, and grass, and continuously maintained. Such open space will be landscaped so as not to encourage the storage of motor vehicles except as permitted by this Code. Furthermore, no legally required yards, courts, or other open spaces, or minimum lot areas allocated to any building, will be by virtue of change of ownership or for any other reason, be used to satisfy yard, court, or other open space or minimum lot area requirements for any other building.
4. Location of Open Spaces. All yards, courts, and other open spaces allocated to a building or group of buildings will be located on the same zoning lots as such buildings or group of buildings are located.