A.
Purpose. Buffer yards act to minimize the negative impact of any
future use on neighboring uses. Buffer yards separate different zones
from each other in order to eliminate or minimize potential nuisances
such as dirt, litter, noise, glare of lights, signs and unsightly
buildings or parking areas or to provide spacing to reduce adverse
impacts of noise, odor or danger from fires or explosions. Mature
woodlands are considered the best buffers and should be used whenever
possible.
B.
Location. Buffer yards shall be located on the outer perimeter of
a lot or parcel, extending to the lot or parcel boundary line. Buffer
yards shall not be located on any portion of an existing or dedicated
public or private street or right-of-way.
C.
Determination of required buffer yard. The following procedure shall
be used:
(1)
Identify whether any portion or property line of the site constitutes
a zone boundary. If it does, determine the zoning on both sides of
the boundary.
(2)
Determine whether the land on the adjoining property is vacant
or developed or whether a plat of a subdivision has been approved.
(3)
Classify any street adjacent to the proposed use as a local,
collector or arterial road.
(4)
Determine the buffer yard required on each boundary or segment
thereof of the subject parcel by referring to the table Buffer Yards
Between Adjacent Zones below.
(5)
Determine if the proposed development is a use which has buffer
yards required to separate that use from certain uses. Then determine
the buffer yard required between such uses by referring to the table
Buffer Yards Between Adjacent Zones below.
D.
Buffer yards adjacent to residential uses. When the following uses
adjoin any residential use, except a single-family detached dwelling
on more than five acres, a buffer yard of the type indicated is required.
|
Use
|
Required Buffer Yard
| |
|---|---|---|
|
Any proposed residential use of a net density two or more times
that of the adjacent existing or approved residential use
|
B
| |
|
Any proposed industrial use in the IG Zone located less than
100 feet from any residential use
[Added 8-2-1993 by Ord. No. 93-82] |
C
| |
|
Active recreation facilities of over two acres
|
C
| |
|
Any parking lot greater than 10,000 square feet
|
D
| |
|
Institutional use
|
B
|
|
NOTES:
| ||
|---|---|---|
|
1.
|
A through E designate the type of buffer required as illustrated in Article XXIII.
| |
E.
Buffer yards between zones. See Figures XXII-1, XXII-2 and XXII-3.[1]
[1]
Editor's Note: Said figures are included as an attachment to this chapter.
F.
Buffer yard standards. Illustrations graphically indicating the specification of each buffer yard are contained in Article XXIII.
G.
Buffer yard use. A buffer yard may be used for passive recreation.
It may contain pedestrian, bike or equestrian trails, provided that
no required plant material is eliminated, the total width of the buffer
yard is maintained and all other regulations of this chapter are met.
H.
Maintenance. All required buffer plantings shall be maintained in accordance with § 297-152 of Article X and Appendix E.
[Amended 5-7-2008 by Bill No. 2008-01]
I.
All residential, commercial and industrial land uses shall comply with the setbacks and buffer yards from major roads set forth in the Road Corridor Buffer Yard and Building Setback Requirements table in Article X.[2]
[2]
Editor's Note: The Road Corridor Buffer Yard and Building Setback Requirements are included in Figure X-1 included as an attachment to this chapter.
J.
Excess buffer yard. Where the buffer yard required between a land
use and vacant land turns out to be greater than that buffer yard
which is required between the first use and the subsequently developed
use, the following options apply:
(1)
The subsequent use may provide 1/2 of the buffer required by
this section. The existing use may expand its use into the original
buffer area, provided that the resulting total buffer yard between
the two uses meets the buffer yard requirements of this section.
(2)
The existing use may enter into agreements with abutting landowners
to use its existing buffer to provide some or all of the required
buffer yard of both land uses. The total buffer shall equal the requirements
of this section. Provided that such an agreement can be negotiated,
the initial use may provide the second use some or all of its required
buffer yard and/or extra land on which it might develop. The existing
use may reduce its excess buffer by transferring part or all of the
excess buffer to the adjoining landowner to serve as its buffer. Any
remaining excess buffer area may be used by the existing use for expansion
of that use or for transfer by it to the adjoining landowner to expand
that adjoining use.
K.
Contractual reduction of buffer yards. When a land use is proposed
adjacent to vacant land and if the owner of that vacant land enters
into a contractual relationship with the owner of the land that is
to be developed first, a reduced buffer may be provided by that first
use, provided that the contract contains a statement by the owner
of the vacant land of an intent to develop at no greater than a specified
land use intensity class, and an agreement by that vacant landowner
to assume all responsibility for additional buffer, if needed, by
the subsequent development of a less intense use than had been agreed
upon, is transferred to the owner of the vacant (second in time to
be developed) land.
