10.01.01. Applicability. Buffers must be provided as specified in table 10-1 and as described in this section.

A.

Buffers are the responsibility of the developing land use.

B.

Buffer requirements are based on the developing land use and the existing, abutting use.

C.

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

10.01.02. Modifications.

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, 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 previously provided buffer may be reduced.

C.

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.

D.

Buffers may not be used for any purpose other than a buffer, except as follows:

1.

The approving authority may permit a walkway through a buffer.

2.

Public utilities and storm drainage facilities may be constructed in the required buffer, provided the buffer otherwise complies with this section. Supplemental evergreen plantings may be required to mitigate the effect of land disturbance in the buffer.

10.01.03. Design standards.

Figure 10-1. Illustration of buffer requirements.

A.

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

B.

Required shrubs must be evergreen and planted to create a solid hedge.

C.

Required trees must be of a species that will achieve, at maturity, an average height of at least 20 feet and a spread of at least 15 feet. The following species may not be used: Bradford Pear, Tree of Heaven, Gingko (female). Required trees must be planted between the property line and shrub hedge.

D.

If a wall or fence is provided that is at least six feet tall and that meets the requirements in section 10.05, Design standards for fences, required plantings must be located between the wall or fence and the property line and buffer requirements may be reduced as follows:

1.

Width may be reduced as shown in table 10-1.

2.

A solid hedge of shrubs is not required; maximum spacing is increased to one shrub per eight feet; required trees may be planted between the shrubs and the fence/wall.

Table 10-1. Buffer Requirements by Use.

Screening provides visual separation of certain site elements from public areas and abutting properties in accordance with the following:

10.02.01. Applicability. For all multi-family, 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.

Outdoor animal areas for pet services and kennels;

D.

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

E.

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

10.02.02. Design requirements. Screening must comply with the following and as may be required by the approving authority:

A.

Location of the site element should be the first consideration in providing required screening. The approving authority may reduce requirements when the location of the element obscures it from view from abutting properties and streets.

B.

Screening may not impede any drainage way or block access to any above-ground, pad-mounted transformer. The utility company may require a minimum clear distance.

C.

The method of screening, including height and materials, must sufficiently screen the site element from view. The minimum height needed is preferred.

D.

Multiple elements may be screened together.

E.

Elements that produce objectionable noise or odors may be required to be located to minimize any nuisance to the public and adjoining properties.

F.

Shrubs, if used as the primary screening material, must be evergreen and spaced so that, at maturity, they create a solid, opaque hedge.

G.

If a fence meeting the requirements of section 10.05, Design standards for fences, is provided, shrubs are optional. Gates must be a solid material without openings.

H.

The zoning official may modify screening requirements between similar site elements on adjoining properties though they must be screened from public view.

10.02.03. Requirements for specific uses.

A.

Refuse and recycling containers may not be located forward of the front building line. These containers must be screened on three sides with an opaque gate for access. The fence must be at least as tall as the container. Containers of 20 gallons or less do not require screening unless more than two such containers are kept together.

B.

Outdoor storage must be screened to a height of two feet taller than the material or equipment to be screened.

10.02.04. Service areas, work yards, and similar uses should be located to minimize their visibility to the public and to any abutting properties. Where location on site is insufficient to screen the element, required screening must be at least six feet in height.

The following standards apply to the construction of new single-family (attached, detached and zero lot line), duplex and multiplex dwellings, and group homes.

10.03.01. Prior to issue of a certificate of occupancy:

A.

On lots more than 100 feet in width, at least two shade trees must be planted in each front yard and at least two shade trees in the rear yard.

B.

On lots 25 to 100 feet in width, at least one shade tree must be planted in each front yard and at least two shade trees in the rear yard.

C.

For lots less than 25 feet in width:

1.

On interior lots, at least one ornamental tree must be planted in the front yard and one shade tree in the rear yard. In interior lots of end units,

2.

On corner lots, at least one shade tree must be planted in one front yard, one ornamental tree in the other front yard, and one shade tree in the rear yard.

3.

Each development must provide, in aggregate, at least two shade trees per dwelling. After meeting the requirements in subsections (1) and (2) above, remaining required shade trees may be planted in the side yards of end units, in common open spaces and in planting areas between any common parking areas and abutting streets.

10.03.02. Only the trees listed in table 10-3 may be planted to comply with these requirements except as follows:

A.

The zoning official may approve shade and ornamental trees of other species that are consistent with the mature height ranges specified in table 10-3. Bradford Pear, Tree of Heaven and other invasive species are not permitted.

B.

Existing trees which are at least six inches in diameter may be used toward meeting these requirements, but only if the ground area within the dripline of the trees has been left in natural condition and no filling, grading, excavation or parking of vehicles or equipment or other activity which could damage or kill the tree, will occur within such area.

10.03.03. At the time of the final inspection, to prevent sedimentation runoff, all yards and disturbed areas must be sodded, have a stand of grass of not less than one inch in height, be landscaped, or an appropriate combination thereof, as approved by the zoning official.

10.03.04. After initial occupancy, the approving authority may condition approval of a building permit, site plan, variance, special exception, business license or similar request on conformance with the above requirements.

10.04.01. Applicability. These regulations apply to vehicular areas of nonresidential uses and to common parking areas serving multi-family and other residential uses. Frontage, perimeter and interior landscaping is required in accordance with table 10-2.

10.04.02. General requirements.

A.

If the size of an existing vehicular area is increased by ten percent or more, the new vehicular area and the existing vehicular area must comply with the requirements of this section.

B.

Only shade trees listed in table 10-3 may be used to comply with the requirements of this section.

Table 10-2. Applicability of Vehicular area Landscaping Requirements.

10.04.03. Interior landscaping.

A.

Each vehicular area containing 40 or more parking spaces must have interior landscaping covering not less than five percent of the total vehicular area. Such landscaping is required in addition to any planting within six feet of a building.

B.

Each landscaped island, peninsula or other area must contain at least one shade tree. Shrubs and other planting materials may be used to complement the shade tree plantings.

C.

The interior dimensions of any planting area must be sufficient to protect all landscaping materials planted therein.

Figure 10-2. Landscaping areas.

D.

Trees planted to meet interior landscaping requirements may be counted toward the number of required trees for frontage or perimeter landscaping if such trees are within 15 feet of the applicable frontage or perimeter landscaping strip.

10.04.04. Perimeter landscaping.

A.

A landscaping strip of five feet or wider must be provided along the edges of a vehicular area nearest the lot's side and rear property lines. Such landscaping is not required between the vehicular area and any structures on the same lot.

B.

Perimeter landscaping strips must be planted with one tree per 50 feet of lot line. Where this overlaps or conflicts with other landscaping requirements, the greater requirement governs.

C.

Vehicular access between adjoining businesses and other compatible uses is encouraged. The width of such accesses is not included when calculating perimeter landscaping requirements.

D.

The zoning official may reduce perimeter landscaping requirements if the vehicular area extends to within five feet of a conforming perimeter landscaping strip on the abutting lot.

10.04.05. Frontage landscaping.

A.

A landscaping strip at least five feet wide, exclusive of any sidewalks or trails, must be provided between the vehicular area and the public right-of-way, except where driveways cross the property line.

B.

The landscaping strip must be planted with evergreen shrubs spaced no greater than six feet on center. The shrubs must be at least 30 inches high at installation.

C.

At least one shade tree must be planted per 30 feet of street frontage or portion thereof. Trees must be evenly spaced to the degree practicable.

D.

Landscaping may not be planted in a manner or location which causes a hazard to vehicles entering or within the public right-of-way.

Table 10-3. Shade Tree List.

At time of planting, all shade trees must be at least two and one-half inches in caliper.

Fences used to meet the landscaping requirements of this article are subject to the following:

10.05.01. Fences must be masonry, durable wood, or a combination thereof. Untreated wood (other than cedar), chain-link, plastic or wire fencing cannot be used to meet landscaping requirements. No more than 25 percent of the fence surface may be left open. The finished side of the fence must face adjoining property or public views.

10.05.02. Shrubs and trees must be planted on the exterior side of the fence.

10.05.03. If a fence extends more than 100 feet in one direction, it must have columns of wood or masonry that project outward from the fence surface, or a similar form of articulation, spaced no greater than 50 feet on center.

10.06.01. The owner is responsible for the maintenance, repair and replacement of all landscaping materials required by this article. All plant material must be maintained in a healthy growing condition, replaced when dead and kept free of weeds, refuse and debris. All fencing used to meet landscaping standards must be maintained in good condition and replaced or repaired as needed.

10.06.02. Drought-tolerant, native species are recommended; otherwise, required landscaping must be irrigated by an automatic irrigation system.

10.07.01. A landscaping plan is required as part of every zoning application, variance application and building permit application for construction in which buffers, screening or other landscaping is required. The landscape plan must be drawn to a scale no larger than one inch equals 50 feet and must contain the information specified in appendix A-3.

The planting requirements of this article are to be applied equally to similarly classified and situated properties but may be modified or waived altogether in certain cases where a development site is subject to any of the following circumstances as determined by the approving authority.

10.08.01. When a request is made to count existing vegetation toward the requirements of this article, the zoning official will inspect and evaluate the existing vegetation for its suitability in meeting the requirements of this article.

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

10.08.03. Where the view from abutting properties is blocked by a change in grade or other natural or manmade features.

10.08.04. Where planting will not thrive due to poor soil conditions, intense shade or similar conditions that cannot be reasonably overcome.