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 or multiple-family residential land uses or mobile 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 or multiple-family residential 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 city council may require a similar buffer strip between other districts and land uses deemed to be incompatible.

It is also recognized that the location of (OI) office institutional land uses directly adjacent to single-family, two-family or multiple-family residential uses can create an incompatible situation. Accordingly, the provisions of this article shall apply when (OI) office institutional land uses abut single-family, two-family or multiple-family residential uses.

(Ord. No. 94-13, § 2(A), 11-8-94)

A landscaped buffer strip is required to protect 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.

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 planning and zoning board 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 a 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 height of not less than six feet within three years of the planting date.

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 for buffer strip widths will be used by the planning and zoning board and city council to determine buffer strip requirements:

1.

Where a commercial district is contiguous with a residential district, the width of the required buffer strip shall not be less than 40 feet, plus an additional five feet for each story in excess of one, with a maximum buffer of 60 feet.

In some cases, natural buffers exist that do not provide an adequate visual or sound barrier for the adjacent residential area. Normally, these buffers would be left undisturbed; however, the city council may require that additional screening and/or planting be added in these buffer areas for the protection and privacy of the residential area.

A brick wall at least eight feet in height may be required by the city council in addition to the vegetative buffer; the brick must be similar and compatible with neighborhood houses. Depending upon the topography of the areas involved, the city council may require that the wall be higher than eight feet.

2.

Where an industrial district is contiguous with a residential district, the width of the required buffer strip shall be 75 feet.

In some cases, natural buffers exist that do not provide an adequate visual or sound barrier for the adjacent residential area. Normally, these buffers would be left undisturbed; however, the city council may require that additional screening and/or planting be added in these buffer areas for the protection and privacy of the residential area.

A brick wall at least eight feet in height may be required by the city council in addition to the vegetative buffer; the brick must be similar and compatible with that of the residential district. Depending upon the topography of the areas involved, the city council may require that the wall be higher than eight feet.

3.

Where a two-family or multiple-family district is contiguous with a single-family residential district, the width of the required buffer strip shall not be less than 25 feet, plus an additional five feet for each story in excess of one, with a maximum buffer of 60 feet.

In some cases, natural buffers exist that do not provide an adequate visual or sound barrier for the adjacent residential area. Normally, these buffers would be left undisturbed; however, the city council may require that additional screening and/or planting be added in these buffer areas for the protection and privacy of the single-family residential area.

A brick wall at least eight feet in height may be required by the city council in addition to the vegetative buffer; the brick must be similar and compatible with neighborhood houses. Depending upon the topography of the areas involved, the city council may require that the wall be higher than eight feet.

4.

Where an (OI) office/institutional district is contiguous with a residential district, the width of the required buffer strip shall not be less than 40 feet, plus an additional five feet for each story in excess of one, with a maximum buffer of 60 feet.

In some cases, natural buffers exist that do not provide an adequate visual or sound barrier for the adjacent residential area. Normally, these buffers would be left undisturbed; however, the city council may require that additional screening and/or planting be added in these buffer areas for the protection and privacy of the residential area.

A brick wall at least eight feet in height may be required by the city council in addition to the vegetative buffer; the brick must be similar and compatible with neighborhood houses. Depending upon the topography of the areas involved, the city council may require that the wall be higher than eight feet.

5.

Buffers from wetlands. A 50-foot buffer shall be maintained from the upland boundary of all jurisdictional wetlands, as determined by federal law, which are contiguous to intermittent or perennial streams.

6.

In other instances where an incompatible situation is determined, the width of the buffer strip shall be determined by the mayor and council.

(Ord. No. 94-13, § 2(B), 11-8-94; Ord. No. 2003-07, § 3A., 7-22-03; Ord. No. 2016-03, § 2.a., b., 4-12-16)

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

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

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 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.

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 planning and zoning board 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; however the minimum height of any fence shall be eight feet. Such fences shall be constructed of solid materials. Construction of cyclone fencing which utilizes metal inserts as screening shall be prohibited.