Certain land uses, because of their character and intensity, may create an adverse impact when developed adjacent to other less intensive land uses. The general purpose of this article is to establish guidelines to preserve the value and appearance of property in the county and to recognize that the transition between certain uses requires attention to protect less intensive land uses. The goal is to identify land use relationships that may be incompatible and to specify an appropriate buffer or screen in order to minimize adverse impacts.

(Ord. of 1-19-98, § X)

The buffering and screening shall be adequate to meet the intent of section 21-211, but shall not exceed one hundred twenty-five (125) percent of the length of the development activity required to install the buffer and screening, unless required on a site plan approved by the board of commissioners. The requirements of this article shall apply to the side and rear yard of the operational area except driveways, sediment ponds, and detention areas unless otherwise indicated herein.

(Ord. of 1-19-98, § X; Amend. of 9-6-11; Amend. of 9-3-19)

(a)

Generally. Buffers shall be required in accordance with the table in section 21-216 when any use is being developed abutting an existing developed lot, however less intensive uses locating next to more intensive uses shall not be required to comply with the screening portion of the requirements of this article. Where a conflict exists between the buffer requirements for a use and setback requirements for a zoning district, the use requirements shall control. The required buffer may not be used for loading, storage, or similar operational area needs that are either part of or accessory to the proposed use unless otherwise indicated herein.

(b)

Modification of buffer requirements. Buffer requirements may be modified in accordance with the provisions of section 21-217.

(c)

Responsibility for requirements. One hundred (100) percent of the applicable buffer requirements shall be the responsibility of the developing land use, unless expressly provided otherwise.

(d)

Standards for trees and shrubs. Required trees and shrubs shall meet the following standards:

(1)

All required large maturing trees shall have a minimum caliper of one and one-half (1½) inches measured six (6) inches above the proper planting level;

(2)

Shrubs shall be one (1) foot tall or taller when planted; and

(3)

All specifications for the measurement, quality, and installation of trees and shrubs shall be in accordance with the American Standards for Nursery Stock published by the American Association of Nurserymen, free of disease, and in otherwise sound and healthy condition.

(e)

Modification of planting types. If it is demonstrated that existing vegetation meets the intent of this section, the zoning administrator may waive the requirements for the plant material.

(f)

Maintenance of buffer. The owner of the property where the buffer or screening is shall be responsible for maintaining the buffer and all required plantings in good condition.

(g)

Buffering of expanded uses. Expansion of a use existing prior to the effective date of this chapter shall require the expanded portion of the facility to come into conformance with these requirements.

(h)

Watershed buffer areas required. A minimum 30-foot vegetative buffer for low density and 100-foot buffer for high density and SNIA development activities is required along all perennial waters indicated on the most recent versions of U.S.G.S. 1:24,000 (7.5 minute) scale topographic maps.

(i)

Development in required watershed overlay buffer areas. Development in the buffer area shall be limited to the following exceptions in conjunction with minimizing built-upon surface area, directing runoff away from surface waters and maximizing the utilization of stormwater best management practices:

(1)

Artificial streambank or shoreline stabilization;

(2)

Water dependent structures such as piers, docks, etc.;

(3)

Other structures such as flag poles, signs, and security lights which result in only minimal increases in impervious area;

(4)

Public projects such as road crossings and greenways where no practical alternative exists.

(Ord. of 1-19-98, § X; Ord. of 4-20-98; Amend. of 11-2-09; Amend. of 9-6-11; Amend. of 4-21-14; Amend. of 8-19-19(1))

When it is impractical to plant required screening during optimal planting seasons, the owner of the property upon which the required screening is to be located may submit a letter of compliance to the zoning administrator. The letter will acknowledge that the owner of the subject property is aware of the applicable screening and buffering requirements and will meet these requirements within a specific date, but in no case more than one (1) year. Failure to comply with the provisions of this article by the time stated in the letter of compliance shall constitute a violation of the zoning ordinance.

(Ord. of 1-19-98, § X)

Screening shall be required along the side and rear property boundaries of the zoning lot.

(1)

Type A.

a.

Buffer: Twenty (20) feet.

b.

Screening shall be one (1) of the following:

1.

A row of evergreen conifers or broadleaf evergreens placed not more than five (5) feet apart which would grow to form a continuous hedge of at least six (6) feet in height within two (2) years of planting; or

2.

A masonry wall located within the required buffer; such wall shall be a minimum height of six (6) feet (above finished grade;) and, if a block wall, it shall be painted on all sides; or an opaque fence six (6) feet in height; or

3.

A berm and planting combination, with the berm an average height of three (3) feet and dense plantings which will, when combined with the berm, achieve a minimum height of six (6) feet and seventy-five (75) percent opacity within two (2) years.

4.

Lawn, low-growing evergreen shrubs, evergreen ground cover, or rock mulch covering the balance of the buffer.

(2)

Type B.

a.

Buffer: Eighty (80) feet.

b.

Screening shall consist of:

1.

A row of trees composed of a mixture of deciduous and evergreen species; forty (40) percent of which shall be large maturing trees. All species used shall be between four (4) and six (6) feet tall at the time of planting and in combination with 2 and 3 of this subsection, creates a visual separation. The design shall be submitted for review and installed by a certified member of the North Carolina Landscape Contractors Licensing Board.

2.

An opaque fence located within the required buffer; such fence shall be a minimum height of six (6) feet; and

3.

Lawn, low-growing evergreen shrubs or broadleaf evergreens, evergreen ground cover, or rock mulch covering the balance of the buffer.

(Ord. of 1-19-98, § X; Ord. of 4-5-21(1))

(a)

Land use relationships. The following land use relationships, based on the SIC Manual referenced in section 21-112, shall be used to determine required screening and buffering as provided in section 21-215.

(b)

Group 1 (Least intensive):

(1)

Single-family dwellings.

(2)

Modular homes.

(3)

Manufactured housing on individual lots.

(4)

Duplexes on individual lots.

(c)

Group 2:

(1)

Manufactured home parks.

(2)

Institutional uses (80, 82, 83, 86 and public administration group [Division J]).

(3)

Multifamily development.

(4)

Residential clustering.

(d)

Group 3:

(1)

Veterinary services (074).

(2)

Livestock Services (0751); and Animal specialty services, except veterinary (0752) all except boarding horses and training horses, except racing).

(3)

Lawn and garden services (0782).

(4)

Ornamental shrub and tree services (0783).

(5)

Common sand mining (1442).

(6)

Building construction, general contractors (15).

(7)

Heavy construction other than building contractors (16).

(8)

Construction special trades (17).

(9)

Food and kindred products (20).

(10)

Tobacco products (21).

(11)

Textile mill products (22).

(12)

Apparel (23).

(13)

Lumber and wood products (24) except logging and sawmills and planning mills.

(14)

Furniture and fixtures (25).

(15)

Paper and allied products (26) except pulp and paper mills.

(16)

Printing, publishing and allied industries (27).

(17)

Drugs (283).

(18)

Soap, detergents, and cleaning preparations; perfumes, cosmetics, and other toilet preparations (284).

(19)

Rubber and miscellaneous products (30).

(20)

Leather and leather products (31) except leather tanning and finishing.

(21)

Stone, clay, glass and concrete products (32) except hydraulic cement, structural clay products, concrete, gypsum and plaster products, abrasives, asbestos, non metallic mineral products.

(22)

Fabricated metal products (34) except ammunition, except for small arms; ordnance and accessories.

(23)

Industrial and computer machinery and equipment (35).

(24)

Electronic and other electrical equipment (36).

(25)

Transportation equipment (37).

(26)

Measuring, analyzing and controlling instruments (38).

(27)

Miscellaneous manufacturing (39).

(28)

Transportation, communications, electric, gas and sanitary services (Division E), all except automobile dead storage, electric and water distribution lines, gas pipelines, water supply, permitted refuse systems, and Non-Residential solar energy systems.

(29)

Wholesale trade (50 and 51) all except motor vehicle parts, used (outdoor); brick, stone, and related construction materials, metal and minerals, except petroleum, scrap and waste materials, livestock (wholesale); chemical and allied products, petroleum and petroleum products.

(30)

All retail trade (Division G).

(31)

All finance, insurance, and real estate (Division H).

(32)

All services (Division I), except crematories, racetrack operations, including speedways, go-kart tracks, and dragstrips, outdoor shooting ranges, outdoor archery ranges, skeet shooting facilities, trap shooting facilities, gun clubs, shooting clubs, and institutional uses listed in Group 2.

(33)

Adult uses.

(34)

Event center.

(e)

Group 4 (most intensive):

(1)

All mining (Division B), except common sand mining (1442).

(2)

Reserved.

(3)

Sawmills and planing mills (242).

(4)

Pulp mills (261).

(5)

Paper mills (262).

(6)

Chemicals and allied products (28) all except Drugs (283) and Soap, detergents, and cleaning preparations; perfumes, cosmetics, and other toilet preparations (284).

(7)

Petroleum refining and related products (29).

(8)

Leather tanning and finishing (311).

(9)

Hydraulic cement (324).

(10)

Structural clay products (325).

(11)

Concrete, gypsum and plaster products (327).

(12)

Abrasives, asbestos, non-metallic mineral products (329).

(13)

Primary metal industries (33).

(14)

Ammunition, except for small arms (3483).

(15)

Ordnance and accessories (3489).

(16)

Automobile dead storage (4226).

(17)

Utility scale solar energy systems (491 pt.)

(18)

Permitted refuse systems (4953).

(19)

Wholesale trade (50 and 51) in the following categories: motor vehicle parts, used (outdoor); brick, stone, and related construction materials, metal and minerals, except petroleum, scrap and waste materials, livestock (wholesale); chemical and allied products, petroleum and petroleum products.

(20)

Crematories (7261).

(21)

Racetrack operations, including speedways, go-kart tracks, and dragstrips (7948).

(22)

Construction and demolition landfill.

(Ord. of 1-19-98, § X; Ord. of 4-21-03; Amend. of 11-2-09; Amend. of 3-4-13; Amend. of 7-13-20(1); Ord. of 4-5-21(1); Amend. of 6-21-21)

In lieu of compliance with the above buffer and screening requirement, an applicant may submit to the zoning administrator for their review and approval a detailed plan and specifications for landscaping and screening. The zoning administrator may approve the alternative buffering and screening, in writing, upon finding that the proposal will afford a degree of buffering and screening, in terms of height, opacity and separation, equivalent to or exceeding that provided by the above requirements.

(Ord. of 1-19-98, § X; Amend. of 6-21-21)

The retention of existing vegetation shall be maximized to the extent practical, wherever such vegetation contributes to required buffering and screening or to the preservation of significant trees.

(Ord. of 1-19-98, § X)

Unless otherwise specified, the requirements of this article shall not apply to permitted and special requirements designations in the table of uses when an existing adjacent principal or accessory structure and the proposed structure or operational area requiring provision of screening and buffering are separated by a distance of two hundred (200) feet or more. The distance shall be measured from the closest point of each structure.

(Ord. of 1-19-98, § X; Ord. of 6-29-99; Amend. of 9-6-11; Ord. of 4-5-21(1))