Buffer yards are required for all preliminary plats, administrative lot splits, sublots, planned unit developments (PUD's), and zone changes within the City of Williston and within the extra-territorial jurisdiction of the City of Williston.

Buffer yards are required for all new multi-family, commercial, and industrial development.

Buffer yards are required between abutting lots of different zones in accordance with Table 1 of this Subsection S.

For this Subsection S., lots are considered to abut pursuant to the definition of "abut" in Section 31 of the zoning ordinance. Lots are also considered to abut if they are separated by an alley or driveway of 20 feet in width or less.

Developed lots with vertical construction existing at the time of approval of this Subsection S. are exempt from the requirements of this Subsection, until such time that such lots are rezoned.

For lots less than 10,000 square feet, the buffer yard need not exceed more than 10% of the total area of the site or more than 10% of the width of the site.

Individual single-family residences.

Lots required to install a buffer yard must install the yard at the time of development, on their property.

On undeveloped lots with different zoning designations, the more intensively zoned lot shall be required to install the required buffer when it develops.

Maintenance of the buffer yards is the responsibility of the property owner of the lot being developed.

Requirements for buffer yards separating mixed uses in a planned unit development may be modified by the Planning and Zoning Commission.

Buffer yards shall be used solely for landscaping. No proposed building, building addition, parking area, trash enclosure, or any other type of physical land improvement (other than landscape features, walls, fences, or pedestrian connections) may be located in a required buffer yard.

Buffer yards are not included in the lot coverage calculation.

In situations where a buffer yard may already exist but does not meet the current buffer yard requirements, the existing buffer yard may be used to satisfy a portion of the current buffer yard requirement with the approval of the Planning Director.

The width of an alley or driveway may be considered within the distance requirement of the buffer yard with the approval of the Planning Director.

The width of a watercourse or similar natural separation may be included within the distance requirement of the buffer yard with the approval of the Planning Director.

Each buffer yard shall contain one sign visible to the public indicating that the property owner is responsible for maintenance of the buffer yard and displaying the property owner's name and contact information. This sign must be between one and two square feet in area with dark, legible lettering upon a light background and containing no advertising.

Buffer yards shall not include any part of any public right-of-way, and no buffering wall, fence, or landscaping shall in be installed within any public right of way.

Enforcement. All areas required to be landscaped by this Subsection S. are subject to inspection and monitoring. This maintenance includes weeding, watering, fertilizing, pruning, mowing, edging, mulching, painting, and other maintenance as needed. Areas not in compliance with the requirements of this ordinance or not in compliance with the approved buffering and landscaping site plan will be subject to enforcement actions pursuant to Section 26 of this zoning ordinance. These actions include the City hiring a contractor to do the required landscape or painting work and backcharging the property owner for the cost of this work.

The entire lot to be developed and at least portions of all abutting lots.

All streets and alleys, whether public or private, adjacent to the lot.

Any natural barriers, such as watercourses or grade changes.

(Reserved)

(Reserved)

Zoning of the lot to be developed and all adjacent lots.

Location and dimensions of the buffer yard.

Profile drawing of any walls or fences included in the buffer yard.

Identification and location of any landscaping included in the buffer yard.

Identification of materials used in any fence or wall included in the buffer yard.

Open space setbacks. By providing an open space buffer between conflicting land uses, conflicts can often be avoided. The width of the buffer required will depend on the extent of other measures applied. To work effectively, the purpose, use and maintenance of the open space buffer must be clearly defined.

Orientation. The orientation of buildings and activities in the two land uses can be effective in creating more natural and less abrupt or artificial buffers. The buildings can create an effective buffer if constructed back to back, thus orienting views, access, and principal activities away from the other land use. However, a hazardous and unaesthetic "no man's land" must not be created in the process. Some appropriate use must be given to the intervening space. An entire site plan can be oriented so least compatible activities and functions are placed furthest from the common boundary between land uses, and those most compatible, near that boundary.

Architectural compatibility. In addition to the architectural considerations involved in mitigation through orientation, the materials, colors, scale and prominence of buildings in adjacent land uses can be coordinated so there is a gradual transition from one land use to another, rather than a sharp and displeasing contrast. The architectural compatibility should rise from a total consideration of the function of each land use and the function of the space between them.

Circulation. Streets and parking areas can often serve to reduce certain types of land use conflicts.

Nuisance factors. Loading and traffic areas, noise, dust, lighting, and such activities that may be disruptive to adjacent uses should result in a site plan and buffer that take those nuisances into consideration by locating away from less intense land uses and adding greater buffering to the site. A site plan needs to be provided indicating buffering that mitigates these nuisances.

Table 1: Buffer Yard Requirements

Continuing maintenance obligation. All buffer yard elements must be maintained. Plants must be cared for and maintained in a healthy condition, free of diseases, pests, weeds and litter. This maintenance must include weeding, watering, fertilizing, pruning, mowing, edging, mulching and other maintenance as needed and in accordance with acceptable horticultural practices. Dead plants shall be removed and replaced. Plant replacements must occur in a timely manner and no later than the beginning of the next growing season. Structural elements must be maintained as structurally sound and aesthetically appropriate.

Inspection and monitoring. All buffer yards by this ordinance are subject to inspection and monitoring. Buffer yards not in compliance with the requirements of this ordinance will be subject to enforcement actions pursuant to Section 26 of this zoning ordinance. These enforcement actions include the City hiring a contractor to do the required buffer yard work and backcharging the property owner for the cost of this work.