[Added 3-15-1999 by Ord. No. 99-03]
[Amended 3-20-1989 by Ord. No. 89-3; 11-1-2010 by Ord. No. 2010-12]
As used in this article, the following terms shall have the meanings indicated:
BUFFER
Some combination of ground area, earthen berms, wooden fencing, grass and other ground cover, shrubs and trees which is suited to beautify, soften or mask the effects of a developed nonresidential use upon adjacent residential properties, which effects may be deemed adverse, whether by reason of an objectionable view from the residential properties or of the transmission of noise, dust or other airborne pollutants or of glare from vehicle headlights or any other light source from the nonresidential use onto the residential properties.
NONRESIDENTIAL USE
As used in this article and all succeeding sections of this article, shall mean any use which is not a use allowed in a R-100, R-75 or R-M District as those uses are allowed and defined in Articles V, VI, VII, VIII, and X of the Town of Belvidere Zoning Ordinance.
RESIDENTIAL USE
As used in this article and all succeeding sections of this article shall mean any use which is allowed in an R-100, R-75 or R-M District as those uses are allowed and defined in Article V, VI, VII, VIII and X of the Town of Belvidere Zoning Ordinance.
Whenever a property line of a parcel in a nonresidential use faces or abuts any parcel zoned for residential use, except when the parcels are separated by a local, county or state highway or street (alleys are not included under streets), then a buffer shall be established and maintained on the parcel in nonresidential use. The requirements for such buffer zone in such an area shall be as established in this section.
A. 
Ground area.
(1) 
Where a parcel in nonresidential use faces or abuts the sides or rear of a residential parcel, a strip of land of uniform width determined or approved by the Planning Board up to a maximum of 20% of the average width of the nonresidential parcel or 25 feet, whichever is less, measured at right angles to straight lot lines or radially to curved lot lines, shall be designated a buffer area and so indicated on the site plan or survey for the proposed development or change of use. Within this area, no structures, parking areas, driveways, storage areas or other uses or activities shall be allowed except for maintenance of the area.
(2) 
On the side of a parcel in nonresidential use which faces the front of a residence, when the parcels are separated by a local, county or state highway or street, a buffer effect is not required. However, those portions of the parcel not needed for off-street parking or for surfaced walkways shall be attractively planted with grass or other ground cover and/or with shrubs and shade trees such as maple, oak or ash.
B. 
Landscaping.
(1) 
A solid and continuous landscaped screen shall be planted and maintained in the buffer area, which screen is suited to conceal parking and loading areas, to block headlight glare and to soften or to mask the appearance of the structures attendant on the nonresidential use.
(2) 
A landscaped screen shall consist of grass or other ground cover; and dense hedges of nursery stock consisting of at least 50% evergreen shrubs[1] planted either in a single row not over 30 inches apart on center or in a double, staggered row not over 60 inches apart on center, provided that, if only evergreen shrubs are used, then the plants may be 60 inches apart in a single row or 10 feet apart in a double, staggered row; and evergreen trees such as white pine or arborvitae, fir and spruce, in an area five to 20 feet from the residential line, in a sawtooth pattern, and not more than 10 feet apart on center when planted.
[1]
Editor's Note: Suitable shrubs include berberis, ilex, osmanthus, pyracantha, rhododendron and taxus.
(3) 
Screen plantings shall be symmetrical in growth when planted and suitable for residential use. Plantings shall be placed with a view to keeping foliage from within three feet of any street or lot line at maturity.
(4) 
If an area subject to this article is covered with a stand of evergreen shrubs or trees prior to an application for a permit or variance, then existing growth may remain and be supplemented by additional plantings to provide the required screen. To the extent that a buffer area is naturally wooded, it may remain in its natural state in lieu of being landscaped.
C. 
Berms. If a parcel in nonresidential use is higher in elevation than an adjoining residential parcel in a residential zone, then a landscaped earthen berm may be required to raise the screen to an effective level or to minimize runoff of groundwater onto residential parcels.
D. 
Fencing. If a buffer area is less than 20 feet wide, or if the required kinds of vegetation will not grow satisfactorily in the buffer area, then the applicant may be required to erect within the buffer area a six-foot high solid board or shadow board decorative fence parallel to the boundary of the adjacent residence and set back sufficiently to allow for some landscaping.
E. 
Maintenance. Vegetation in buffer areas shall be kept trimmed and free of infestation and disease and the area kept clear of debris, rubbish, weeds and tall grass. Any plant material which does not live shall be replaced within one year. Fencing shall be stained or painted, refinished as required to maintain an attractive appearance and kept free of infestation by insects.
The Planning Board shall have the power to waive any of the buffer requirements if it determines that those requirements cannot be met within the available area and that a buffer can be provided without them while maintaining the purposes of this article.
A. 
Nothing in this article shall require change in a permit, site plan or variance approved before the effective date of this article, provided that construction has been begun by that date and be continuously pursued to completion.
B. 
Nothing in this article shall require changes in preexisting uses until such time as application is required for a building or other permit, or for a variance or the use made of a parcel changes.
C. 
If any provision of this article should be inconsistent with other provisions of Chapter 505 of the Municipal Code, then the provisions of this article shall control.
D. 
Any application for a building or other permit or for a variance shall be supported by documentation that the subject parcel will comply with the performance standards set forth in this article, and prior to the issuance of any permit or variance, the applicant's plans for a buffer shall be approved by the Planning Board.