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Rutherford College City Zoning Code

BUFFERS AND

SCREENING

§ 152.230 PURPOSE.

   (A)   The purpose of this subchapter is to preserve and protect the health, safety and general welfare of the residents of the town by promoting the environmental and public benefits of buffers.
   (B)   It is intended to improve compatibility and provide transition between different zoning districts and preserve the character and aesthetics of an area.
(Ord. passed 4-5-2010; Ord. passed 5-3-2021)

§ 152.231 GENERAL PROVISIONS.

   (A)   Buffer strips shall be provided upon any side or rear lot line where nonresidential use and/or nonresidential zoning districts abut residential zones. No such buffer strip shall, however, extend nearer to a street right-of-way line than the established building line of the adjoining lot and no such buffer shall be required upon any yard which abuts a public street.
   (B)   A buffer strip shall be at a minimum one of or equal to the following:
      (1)   A planting strip at least ten feet in width, composed of deciduous or evergreen trees or a mixture of each, spaced not more than ten feet apart and not less than one row of dense shrubs, spaced not more than live feet apart and five feet in height after one growing season;
      (2)   A six-foot high solid picket type fence with the pickets being placed facing the adjoining property;
      (3)   A six-foot high, open type fence with dense evergreen shrubs planted facing the adjoining property, spaced not more the five feet apart and five feet or more in height after two growing seasons;
      (4)   A six-foot high chain link type fence with panel inserts;
      (5)   A six-foot high masonry, brick, or stucco wall;
      (6)   A earthen berm and planting combination, at least 15 feet in width, with the berm an average of three feet in height and dense plantings, which will, when combined with the berm, achieve a minimum height of eight feet within two growing seasons; and/or
      (7)   In lieu of compliance with the above buffer requirements, an applicant may submit to the Zoning Enforcement Officer, a detailed plan showing the retention of existing vegetation and natural forest growth that will satisfy one of the above requirements.
   (C)   Manufacturing and industrial use and/or zoning shall maintain a 15 feet buffer strip and within the buffer strip there shall be planted a continuous screen of evergreen plants with an initial height of at least six feet by natural growth within no later than a two-year period.
   (D)   Each site plan and application for zoning permit shall include information as to the location and type of buffer to be erected, where required.
   (E)   No structures, buildings or parking may be located within buffer areas, with the exception of permitted signage, pedestrian amenities and decorative elements.
   (F)   The buffer shall be maintained, and dead and diseased plants replaced by the owner or occupant of the premises. The outside storage of materials shall be prohibited in the area between the planted buffer and the residential district. The owner or occupant of the premises shall properly and continuously maintain this area.
(Ord. passed 4-5-2010; Ord. passed 5-3-2021)

§ 152.232 SCREENING.

   (A)   Nonresidential uses with outdoor storage of materials, equipment, vehicles and the like shall provide screening according the following requirements:
      (1)   A six-foot high, fence with dense evergreen shrubs planted facing the adjoining property, spaced not more the five feet apart and five feet or more in height after two growing seasons; and
      (2)   Storage of materials, equipment, vehicles and the like shall be located in the rear.
   (B)   Uses which provide dumpsters or similar trash containers shall provide screening according the following requirements, with the exception of single-family residential uses and temporary construction dumpsters; however, upon completion of construction all construction dumpsters shall be removed.
      (1)   Dumpsters and similar trash containers shall be hidden by an opaque fence or wall of sufficient height to screen the container, but not less than six feet in height.
      (2)   The wall or fence shall enclose the dumpster on all four sides. Gates or doors for access on one side are permitted.
      (3)   The fence or wall shall match the color and be constructed of materials similar to the main building.
(Ord. passed 4-5-2010; Ord. passed 5-3-2021)