(a)

Purpose of buffers and landscaping. Buffering and landscaping requirements are set forth in this section for all zoning districts, in order to provide for residential privacy, environmental and aesthetic enhancement of the community and public safety.

(b)

Buffering and landscaping requirements for abutting property lines. Multifamily and nonresidential developments or expansion upon any lot abutting a residential district or use, and multifamily development or expansion upon any lot abutting a nonresidential district or use shall provide buffers and landscaping along all abutting property lines in accordance with the following requirements unless otherwise modified by this chapter. The following standards shall be applied to all districts:

(1)

Buffers shall provide continuous visual screen and consist of walls, fencing and/or landscaping with compact evergreen hedges, trees, or other similar foliage.

a.

Walls and fences shall consist of 80 percent solidity at installation. Solidity of walls and fences shall be determined by measurement taken perpendicular to the line of said wall or fence.

b.

Landscape buffers shall be designed so as to be 50 percent or more opaque within a maximum of one year after issuance of a certificate of occupancy and 80 percent opaque within a maximum of two years. Opaqueness of landscape buffers shall be determined by measurement taken perpendicular to the line of said landscape buffer.

(2)

Buffers shall have a minimum height of six feet and a maximum of eight feet. Trees or hedges used for buffering may exceed the maximum buffer height of eight feet; provided, however, that hedges used for buffering shall have a minimum height of four feet at the time of planting. Hedges, when used for buffering, shall be planted and maintained so as to form a continuous, unbroken, solid visual screen of a minimum height of six feet within two years of planting.

(3)

Landscape buffers shall be a minimum of four feet in width measured perpendicular to property lines and shall be established along the entire length of, and contiguous to, the property line or lines except as modified by this chapter.

(c)

Buffering and landscaping requirements abutting to rights-of-way. To minimize roadway noise and visual impacts, a landscape buffer shall be located between multifamily or nonresidential uses abutting road rights-of-way. Landscape buffers shall be planted prior to issuance of a certificate of occupancy. Buffers shall be landscaped with grass, ground cover, trees or other landscaping, The following standards shall be applied to abutting road rights-of-way:

(1)

Multifamily uses located abutting road rights-of-way shall provide buffers that consist of a strip of land no less than eight feet in width.

(2)

Nonresidential uses located abutting road rights-of-way shall provide buffers that consist of a strip of land no less than four feet in width.

(3)

Erection of a solid fence or wall is permitted along side or rear lot lines abutting the road rights-of-way when implementation of a landscape buffer is determined by the city commission to be impossible by reason of lot configuration, topography, or location of existing structures.

(d)

Buffering and landscaping requirements for all open storage areas. In all zoning districts, buffers shall be required for all open storage areas, including open storage of delivery or service vehicles, trash compactors and dumpsters.

(e)

Maintenance of landscaping and buffered areas. The following requirements shall apply in all districts:

(1)

The property owner shall be responsible for maintenance of all landscaping and buffer areas which shall be maintained in a healthy and orderly condition. All landscaped areas shall be kept free of refuse and debris and shall be provided with irrigation so as to be maintained in a healthy condition. The use of drought-tolerant plants shall be encouraged.

(2)

Use of and encroachment into required landscaped areas by structures or buildings and parked or moving vehicles including cars, boats, mobile homes, travel trailers and construction equipment shall not be permitted. Where necessary to prevent encroachment by parked or moving vehicles, wheel stops or curbs shall be used. Landscaped areas shall not be used for the storage or sale of material, goods and products.

(3)

Paving, treating or covering a landscaped area in a way that renders it impervious is prohibited for new construction.

(4)

All buffered and landscaped areas shall allow access to public and private utility facilities for maintenance purposes.

(f)

Plan requirements for buffering and landscaping. Prior to issuance of building permits, a general site development plan shall be approved by the city commission for all nonresidential projects, with the following requirements:

(1)

The name and address of the applicant and the owners of the property.

(2)

A general location of the site showing adjacent street systems, easements, north arrow, scale, topography and date plan prepared.

(3)

A legal description of the property.

(4)

Existing and proposed structures by size, height, configuration and total floor area.

(5)

The dimensions of all proposed and existing off-street parking spaces, service areas and access drives.

(6)

Open space, retention and detention areas.

(7)

Impervious and pervious surface totals as required herein.

(8)

A complete listing of plant material (scientific and common name).

(9)

Show the general location of the proposed plant material and irrigation system to be installed on the site.

(g)

Existing buildings. The provisions of this section shall not apply to any existing building or structure, except where there is a change or "substantial enlargement" of use. "Substantial enlargement" of an existing use shall consist of an enlargement to the extent of 50 percent or more in floor area, or number of housing units existing as of the date of enactment of this section. Said newly erected and "substantially enlarged" uses shall then and thereafter comply with the full buffering and landscaping requirements set forth herein.

(Ord. No. 97-01, § 8, 1-7-97)