[Added 8-23-2004 by Ord. No. 2004-12; amended 3-8-2010 by Ord. No. 2010-03]
[Amended 8-9-2010 by Ord. No. 2010-15]
A. Any new or expanded permitted use in a professional office, commercial
or manufacturing zoning district, except for single-family detached,
semidetached or two-family dwellings, must meet the buffering standards
of this section if the land is located adjacent to an existing single-family
detached, semidetached, attached, two-family, multifamily dwelling
or garden apartment in a residential zone. Expansion of an existing
permitted use includes buildings and associated off-street parking
areas. Buffering standards include the screening buffer and use, lighting,
sound and trash dumpster restrictions set forth in this section. A
buffering plan shall be submitted for approval at the time of application
for land development plan or land use permit approval.
B. Any new single-family attached dwelling (row house or townhouse),
multifamily dwelling, garden apartment and/or group home construction
in a residential zoning district must meet the buffering standards
of this section if the land is located adjacent to an existing single-family
detached, semidetached or two-family dwelling in a residential zone.
Buffering standards include the screening buffer and use, lighting,
sound and trash dumpster restrictions set forth in this section as
well as prohibition of outdoor balcony construction on the second
and/or third floor of the building adjacent to the existing residential
use. A buffering plan shall be submitted for approval at the time
of application for land development plan or land use permit approval.
Buffering is not required between the adjacent existing residential
use if that property is under the same ownership as the new construction
provided the buffering standards are applied if the land is located
adjacent to an existing single-family detached, semidetached or two-family
dwelling in a residential zone under separate ownership.
[Amended 12-10-2018 by Ord. No. 2018-17]
C. Screening. The screening buffer shall be located within 15 feet of
the property line adjoining residential uses. Driveway areas do not
require screening. The screening shall consist of either:
(1)
A fence, masonry wall or evergreen trees that shall provide
a ten-foot-high, year-round shielding to the adjacent residential
properties. If evergreen trees are used, they shall be staggered so
as to give effective shielding to the residential properties within
three growing seasons. The trees must be at least four feet in height
at the time of planting. Shielding shall require that no direct light
shall be able to shine through the screening material; or
(2)
An earthen mound a minimum of five feet in height with a minimum
top width of four feet and maximum side slopes of a ratio of 2:1 and
a width of 15 feet together with evergreen trees planted in such a
fashion that a screen at least five feet in height above the mound
shall be produced within three growing seasons. The trees must be
at least four feet in height at the time of planting. It is intended
that said screen shall provide year-round shielding to the adjacent
residential properties. Shielding shall require that no direct light
shall be able to shine through the screening material.
D. Use, lighting, sound and trash dumpster restrictions.
(1)
Truck parking is not permitted within 25 feet of the property
line adjoining residential uses. No parking is permitted on the land
between the required screening and the residential use property.
(2)
External lighting standards cannot exceed 12 feet in height
or be mounted on buildings at a height that exceeds 12 feet within
25 feet of the property line adjoining residential uses. No direct
lighting shall shine from the tract being developed upon the residential
use land.
(3)
Trash dumpsters or enclosures are not permitted within 25 feet
of the property line adjoining residential uses.
(4)
Noise-emitting equipment or apparatus must be located at ground
level and is not permitted within 25 feet of the property line adjoining
residential uses.
E. Occupancy permits. The occupancy permits for the uses where a buffer
zone is required are conditioned on the buffer being maintained by
the property owner in accordance with the requirements of this section.