1.

Applicability. Buffers must be provided in accord with the requirements of Table 10-1 and as described herein. Any buffer requirement is the responsibility of the developing land use. A Landscaping Plan must be provided in accordance with §10.05. Buffer requirements are based on the developing land use and the existing, abutting use.

Buffer Illustration

2.

Required yards, where corresponding with the buffer area, may overlap and may be counted toward buffer width requirements.

3.

Buffer requirements may be modified by the approving authority in certain cases as follows:

a)

When the proposed use will abut an existing, nonconforming use on a property that is designated for another use in the Comprehensive Plan and is zoned accordingly with said plan, the buffer may be modified to be consistent with the planned use of the neighboring property.

b)

If the land use relationship between two abutting lots changes so that a lesser buffer would be required, the width of the previously provided buffer may be reduced accordingly.

c)

Up to half of the width of an adjoining alley may be counted toward the buffer width requirement but the landscaping density requirements may not be reduced.

d)

Whenever the proposed use abuts vacant land, buffer requirements are based on the zoning of the abutting property or the use projected by the Comprehensive Plan, whichever requires a lesser buffer.

e)

Buffers may not be used for parking, recreational use or any other purpose, except as provided herein. The approving authority may permit a pedestrian access way through a required buffer where appropriate. Public utilities and storm drainage facilities may be constructed in a required buffer, provided the buffer is otherwise installed in compliance with the approved Landscaping Plan. The City may require supplemental plantings to mitigate the effect of any such land disturbance in the buffer.

4.

Design Standards

a)

Prior to occupancy of the premises, the buffer must provide a visually impervious barrier, from the ground to five ft above grade level throughout the entire length of the buffer. Within one year after installation, the buffer must be at least six ft above grade throughout the entire length of the buffer.

b)

Required plantings must be evergreen.

c)

The required buffer width may be reduced as provided in Table 10-1 when a fence is provided that is five to seven ft tall and that meets the requirements in §10.04.

Screening is intended to provide visual separation of certain uses from public areas and adjoining properties.

Screening

1.

Applicability. For all multifamily, nonresidential and mixed use developments, the following require screening:

a)

Garbage collection, recycling and refuse handling areas

b)

Maintenance areas or utility structures associated with a building or development

c)

Utility meters and air conditioners/mechanical units

d)

Outside runs for veterinary clinics, animal shelters, and kennels

e)

Outdoor storage of materials, stock, equipment, and vehicles (such as those stored for repair), not including retail display

f)

Any other uses for which screening may be required by the reviewing authority

2.

Design Requirements. The design of screening is subject to the following and as approved by the reviewing authority:

a)

Location on site should be the first consideration in providing required screening. The reviewing authority may lessen screening requirements when the location of the use to be screened reduces its visibility to the public and neighboring properties.

b)

Screening may not be placed so as to impede any drainage way and may not block access to any above-ground, pad-mounted transformer and must provide the minimum clear distance required by the utility company.

c)

The method of screening, including height and materials, must be that which is sufficient to visually screen the use. The minimum height needed is preferred.

d)

Fences, berms or landscaping used for other purposes, but that are proposed as part of a required screen and that meet the requirements of this Section, may count toward these requirements.

e)

Uses requiring screening, when co-located, may be screened together.

f)

Uses that produce objectionable noise or odors must be located so as to minimize such impacts to the public and abutting properties.

g)

Shrubs must be evergreen and spaced no more than five feet on center. If used in combination with a fence, shrubs may be deciduous and may be spaced no more than eight ft on center.

h)

Trees must be evergreen and, when used in the absence of a fence, must be used together with shrubs to provide a continuous, opaque screen.

3.

Requirements for specific uses

a)

Refuse and recycling containers may not be located forward of the front building line. Such containers must be screened on three sides with an opaque gate for access. The fence must be at least two ft taller than the container.

b)

For restaurants, enclosures must be sized, as needed, to accommodate the storage of grease containers.

c)

Mechanical equipment on roofs or on site must be screened so as to not be visible from public streets or adjacent properties. The screening of building-mounted mechanical equipment must be an integral component of the building design. Mechanical equipment installed on site must be adequately screened by plant materials and/or fences to blend in with site landscaping.

d)

Outdoor storage, where permitted, must be screened to a height of six ft or two ft taller than the material or equipment to be screened, whichever is greater.

e)

Service areas, work yards, and similar uses should be located to minimize their visibility to the public and to any abutting properties to which such functions would be objectionable. Where their location is insufficient to effectively screen the use, required screening must be at least six ft in height.

1.

Applicability. These regulations apply to areas on a nonresidential, multifamily or mixed-use development that are used for off-street parking and loading; vehicular storage, display, maneuvering and washing; and the dispensing of motor fuels.

2.

A Landscaping Plan is required as part of every development application for new construction, which includes vehicular areas as herein described. This Section applies to new vehicular areas for all uses, except single family dwellings, duplexes and multiplexes. If the size of an existing, applicable vehicular area is increased by 15% or more, the new vehicular area must be made to comply with the requirements of this Section.

3.

Requirements

a)

Each vehicular area must have interior landscaping covering not less than five percent of the total vehicular area.

b)

A landscaping strip at least five ft in width must be provided between the parking lot and any side or rear lot lines. Along side lot lines these areas must be planted with evergreen shrubs and one understory tree per each 40 ft (the width of any cross access drives may be discounted). Where this overlaps or conflicts with other landscaping requirements, the greater requirement governs.

c)

The primary landscaping materials used in vehicular areas must be canopy trees. Shrubs and other planting materials may be used to compliment the canopy trees, but may not be the sole component of the landscaping.

d)

Plantings must be set back from the edge of the planted area as needed to protect them from damage by vehicles.

e)

Street Frontage Landscaping

1)

A landscaped strip at least 10 ft wide must be located between any vehicular area and the public right-of-way. The width may be reduced to five ft when a fence, meeting the requirements of §10.04 and that is between 2.5 to 3.5 ft tall, is provided.

2)

Shrubs must be evergreen and spaced no more than five ft on center. If used in combination with a fence meeting the requirements of §10.04, shrubs may be deciduous and may be spaced no more than eight ft on center.

3)

At least one understory tree for every 35 lf or one canopy tree for every 45 ft of required landscape strip is required. Only canopy and understory trees, as defined in Article 2, will be counted toward these requirements.

Fences used to meet the landscaping requirements of this Article 10, including buffering and screening, must comply with the following:

1.

Fences must be of masonry, durable wood, or a combination thereof. Untreated wood, chain-link, plastic or wire is not permitted. No more than 25% of the fence surface may be left open. The finished side of the fence must face abutting property.

2.

Required shrubs and trees must be planted on the exterior side of the fence.

3.

If a fence is longer than 100 ft in one direction, it must have wood or masonry columns, which project outward from the fence surface. Such columns must be spaced no greater than 50 ft on center.

A Landscaping Plan is required as part of every development application for new construction which requires a buffer, screening and/or landscaping in vehicular areas. The Landscape Plan must be drawn to a scale no larger than one inch equals 50 ft and must contain the information listed in the Appendix.

The planting requirements of this Article are applied equally to similarly classified and situated properties, but may be modified or waived altogether in certain cases where a building site is subject to any of the following circumstances, as determined by the Commission:

1.

Existing natural vegetation, which meets, in whole or in part, buffer or screening requirements, may be applied toward such requirements. Where natural vegetation (trees and/or shrubs) exist on a piece of property, when application is made for a Building Permit, such natural vegetation must be left undisturbed until the Zoning Official has evaluated it for its suitability as a buffer or screen, as applicable. The Zoning Official may require that the developer retain such natural vegetation. However, additional planting may be required to fully achieve the requirement.

2.

Where impending development of adjacent property would make these standards unreasonable or impractical.

3.

Where, after inspection by the Zoning Official, it is found that the view from adjoining properties is blocked by a change in grade or other natural or man-made features.

4.

Where planting cannot, in the professional opinion of an expert, be expected to thrive due to poor soil conditions, intense shade or similar conditions.

1.

All fences required by this Article or by a Master Development Plan, Conditional Use or similar approval by the applicable city authority must be permanently maintained in good condition and, when necessary, replaced or repaired. All required plant material must be tended and maintained in a healthy growing condition, replaced when dead and kept free of weeds, refuse and debris. Plant materials must be replaced the next applicable growing season following notice by the City. Overgrowth of plant materials, to the extent that it interferes with sight distance or otherwise poses a safety hazard, must be corrected within 10 working days from notice by the City.

2.

All required landscaping should be drought-tolerant, native species or must be irrigated by an automatic irrigation system.