Buffer and screening requirements for nonresidential land uses are established to benefit the environmental and aesthetic quality of the City. The intent of this article is to promote preservation of the city's natural resources and to facilitate their growth in a way that will provide a healthy environment for the city's future. Buffering and screening requirements are also intended to prevent or mitigate land use conflicts between adjacent residential and nonresidential land uses.

(Ord. of 12-5-2011, § 37-101)

For nonresidential land uses, a planted or natural buffer strip is required to protect residential land uses from negative impacts such as litter, dust, wind, light, noise, unsightly views, and other characteristics commonly associated with nonresidential land uses and related vehicular and pedestrian traffic that adversely impact the quality of residential life. The required buffer provides necessary visual and acoustical privacy and assists in the protection and preservation of property values. Required buffer strips shall be established and maintained by the owner of the nonresidential property.

(Ord. of 12-5-2011, § 37-102)

(a)

All buffer areas and screening shall be established in accordance with the following requirements:

(1)

In the event the buffer includes a utility or pipeline easement, a minimum buffer of no less than 20 feet in width will be required outside the easement. In no case will the buffer be less than 20 feet except as may be permitted in the table included in this section.

(2)

Screening shall be established within any buffer along the entire length of the side and rear lot lines; provided, however, that this screening requirement may be adjusted to observe the site distance required in the development regulations or as a condition of zoning, special use, or variance approval or as approved by the Zoning Administrator.

(3)

The solid fencing and landscaping buffer requirements of this article shall be installed prior to the construction of any buildings or structures.

(4)

The required buffer strip may be included in the minimum yard area applicable to the zoning district in which the strip is located.

(b)

The following table provides the minimum buffer specifications required for each nonresidential zoning district in relation to adjacent residential districts:

(Ord. of 12-5-2011, § 37-103)

(a)

Plant materials. Buffers shall contain a minimum of 75 percent of evergreen plant materials, comprised of at least three different species for every 50 linear feet, and a maximum of 25 percent of deciduous plant materials. Plant species shall be native.

(b)

Planting ratios. One tree shall be planted for every 50 linear feet of buffer and five shrubs shall be planted for every 50 linear feet of buffer. For example, a buffer of 100 feet in length would require a minimum of two trees and ten shrubs.

(Ord. of 12-5-2011, § 37-104)

Fences within required buffer strips shall meet the following requirements:

(1)

Fences shall be constructed of durable materials. Use of cyclone fencing that utilizes inserts as screening is prohibited.

(2)

Painted or stained wood shall be maintained, and metal fencing shall be painted or vinyl-coated.

(3)

Fence supports shall face inward, and posts shall be anchored in concrete. Fences may step down a slope, but supports must remain vertical and plumb.

(4)

A minimum of four inches shall be clear under wood fencing.

(Ord. of 12-5-2011, § 37-105)

(a)

For purposes of this section, The term "accessory structures" includes, but is not limited to, dumpsters, utility and maintenance structures, and loading facilities.

(b)

In nonresidential districts, a five-foot wide landscape strip, or an eight-foot-high solid enclosure of the same or similar materials as the front facade of the primary structure shall be required to surround three sides of any accessory use. Assuming the accessory use has four sides, the side not screened shall not be visible from a public street if practicable. The Zoning Administrator may reduce the number of sides for which the landscape strip or solid enclosure is required, provided he determines that such a reduction will still allow for the achievement of the intent of this article.

(Ord. of 12-5-2011(4), § 37-106)

At grade, non-single-family parking lots shall provide landscape islands that are not less than ten feet in width at the end of each parking bay and a ten-foot-wide landscape island every tenth parking space. Such landscape islands shall include minimum three-inch-caliper shade trees of a variety included in the city's list of recommended trees. Landscaping in these islands should preserve and maintain adequate sight lines. Alternate methods of landscaping parking lots may be approved whenever the Planning Commission determines that the alternate method equals or exceeds this standard.

(Ord. of 12-5-2011, § 37-107)

All buffers shall be designated on the appropriate permit application and indicated on any required site plan or final subdivision plat as undisturbed buffer or temporary construction buffer. Orange fencing indicating buffer limits shall be installed prior to development.

(Ord. of 12-5-2011, § 37-110)

Structures, including driveways, parking facilities, or retaining walls, shall be located a minimum of five feet from any buffer.

(Ord. of 12-5-2011, § 37-111)

In those instances where the natural vegetation and topography are insufficient to achieve the desired level of screening, a screening buffer and landscaping shall be provided. All plant material in such screening shall be a minimum of two-inch caliper for trees and a minimum of six feet tall at time of planting. Planting shall be a maximum of ten feet on center unless approved otherwise by the city arborist. All trees planted in the buffer shall be selected from the list of appropriate trees developed by the City Trees, Parks and Recreation Board.

(Ord. of 12-5-2011, § 37-112)

The screening buffer planting and any required landscaped open space planting shall be guaranteed for the life of the commercial, office or residential development. Necessary trimming and maintenance shall be performed to maintain the health of the plant materials, to provide an aesthetically pleasing appearance, and to ensure that the buffer actually serves the purpose for which it is intended. Any dead, diseased, or dying landscape materials shall be replaced as determined by the Zoning Administrator.

(Ord. of 12-5-2011, § 37-113)

All material shown on the landscape plan must be planted prior to the issuance of a certificate of occupancy.

(Ord. of 12-5-2011, § 37-114)

Failure to maintain the required landscape material shall be deemed a violation of this article and prosecuted as such under the provisions of this Code.

(Ord. of 12-5-2011, § 37-114)