The purpose of the bufferyard is to improve compatibility and minimize nuisances between adjacent land uses. The bufferyard offers several options, each of which will buffer to an equivalent degree by varying distance [setback and/or density (mass)].

Bufferyards shall be located on the outer perimeter of a lot, extending to the lot boundary lines. Bufferyards shall not be located on any portion of an existing public or private right-of-way.

To determine the bufferyard required between two (2) adjacent parcels, the following procedure shall be followed:

A.

Identify from Article IV whether the proposed use/district requires a bufferyard;

B.

Identify the proposed land use;

C.

Identify the use of lands adjacent to the proposed use; and

D.

Determine the bufferyard required on each boundary or segment thereof of the proposed land use by referring to the Table 3 of Bufferyard Requirements and Illustrations contained herein which specify the bufferyard options required between a proposed use and the existing adjacent uses.

When a use is the first to develop on two (2) adjacent vacant parcels, the first use shall provide the buffer, specified by the Table of Bufferyards Requirements for vacant land.

The second use to develop shall at the time it develops, provide all additional plant material structures and/or land necessary to provide the total bufferyard required between the two uses, as specified by the Table of Bufferyard Requirements.

The attached illustrations specify the type and quantity of plant materials required by each bufferyard. The requirements are stated in terms of width of the bufferyard and the number of plants required per one hundred (100) feet of bufferyard. The requirements of a bufferyard may be met by any of the options illustrated. The "plant unit multiplier" is a factor by which the basic number of plant materials required for a particular bufferyard is determined when there is a change in the width of that yard. Each illustration depicts the total bufferyard required between two uses. Whenever a wall, fence, or berm is required within a bufferyard, these are shown as "structures" in the illustrations wherein their respective specifications also are shown.

The exact placement of required plants shall be the decision of the developer except that evergreen (or conifer) plants shall be planted in clusters rather than singly in order to maximize their chances of survival and increase screening capabilities. All bufferyards shall be seeded with lawn grass or have a suitable ground cover.

Plants shall be sized according to the following Table of Minimum Plant Sizes to insure buffering and screening at the time of installation. Where the Bufferyard Illustrations indicate a mass or line of plants parallel to the length of the property line, the plant materials shall be sufficiently sized to insure obscurity at the time of installation. However, seeding plants may be used where berms or structures are required as part of the bufferyard.

Minimum Plant Sizes

Any existing healthy, well-formed plant materials which are greater than or equal to the recommended buffer and which otherwise satisfy the requirements of this section may be counted towards satisfying all such requirements. Structures, where required, may be substituted with approval of the planning commission.

A bufferyard may be used for passive recreation; however, no plant material may be removed and such use shall not be a nuisance to abutting properties.

All exterior dumpsters or exterior garbage containers (excluding containers or groups of containers with a combined capacity of less than six (6) cubic yards) shall be screened on all but one (1) side by an F3 or F4 fence or wall, intensive landscaping, or other suitable opaque enclosure. The average height of the enclosure shall be one (1) foot more than the height of the container but shall not be required to exceed eight (8) feet in height. The open side shall not be visible from the street.

All fences and walls used as part of the bufferyard requirements must have a finished side that is facing adjoining property. The interior side of the fence or wall may be finished as the owner deems appropriate. Where fences or walls are applicable bufferyards, they shall be established along the inside line of the bufferyard, toward the proposed use, except for ornamental fences, which may be built on the property line.

Where required, berms may be located anywhere within the bufferyard, provided they parallel the property line.

The maintenance of required bufferyards shall be the responsibility of the property owner. All such yards shall be properly maintained so as to assure continued buffering. Failure to do so is a violation of this chapter, and may be remedied in the manner prescribed for other violations.

Please see bufferyard attachments for tables and uses at the end of the chapter.