The purpose of a buffer is to provide a separation between conflicting or potentially conflicting land uses. This separation is provided to mitigate the negative impacts of noise, light, glare, odor, pollution, dust, unsightliness, or other factors which may be considered obnoxious, offensive, or a nuisance to the public which may be generated on, created on, emanate from, or be visible on a lot or parcel of land.
(Ordinance 2017-001 adopted 2/20/17)
The following general conditions and requirements shall apply under all circumstances except as may be provided for in Section 29.04.
(A) 
Where any lot or parcel of land which is located in the C-1, C-2, C-3, I-1, or I-2 District shares a property line or a part of a property line with a lot or parcel of land located in the A-E, R-1, R-2, MF, or MH District, a buffer as required in Section 29.05 shall be provided on the lot or parcel of land located in the C-1, C-2, C-3, I-1, or I-2 District. The buffer shall be provided at the time of construction of a use that is first listed as permitted in one of those districts. The type of buffer provided shall be as provided for in Section 29.03. The buffer shall be provided by the owner or developer for the lot in the C-1, C-2, C-3, I-1, or I-2 District.
(B) 
Where any lot or parcel of land which is located in the MF or MH District shares a property line or a part of a property line with a lot or a parcel of land located in the A-E, R-1, R-2, District, a buffer as required in Section 29.05 shall be provided on the lot or parcel of land located in the MF or MH District. The buffer shall be provided at the time of construction of a use that is first listed as permitted in the MF or MH District. The type of buffer provided shall be as provided for in Section 29.03. The buffer shall be provided by the owner or developer of the lot in the MF or MH District.
(C) 
Where a buffer is required, it shall be completed prior to issuance of any certificates of occupancy. A buffer shall always be maintained in compliance with the requirements of this ordinance. If the landscape material in the buffer cannot be planted because of the season, a temporary certificate of occupancy may be issued provided a bond to cover the cost of the material and labor is filed with the Building Official.
(D) 
All buffers shall be maintained in such a way so as not to create a hazard by locking [blocking] the view a driver has of vehicles or pedestrians moving on the property, of vehicles entering or exiting the property, or of vehicles or pedestrians on the street.
(E) 
An earthen berm may count toward the prescribed height of any buffer.
(F) 
Under no circumstances shall a buffer be allowed to become a nesting ground, breeding ground, or harborage for mosquitoes, rodents, snakes, vectors, vermin, or other pests. Additionally, a buffer shall be kept free of litter.
(G) 
Any and all trees, bushes, shrubs, grass, ground cover, or other landscape material which are planted as part of a buffer, or which is part of natural or existing vegetation which is incorporated into a buffer, which dies due to exposure, neglect, or any other cause shall be replaced by the end of the upcoming March or September, whichever is sooner.
(H) 
A buffer shall be located on the outer perimeter of a lot or parcel of land, extending to the boundary of the lot or parcel. Buffers shall not be located on or have counted as part of their total width any portion of an existing or dedicated public or private street or right-of-way.
(Ordinance 2017-001 adopted 2/20/17)
One or a combination of the following types of buffers shall be provided as called for in section 29.05:
(A) 
A six-foot-high or higher sight-barring fence or wall. The fence or wall shall be maintained in a good state of repair.
(B) 
A strip of land a minimum of six feet wide planted with evergreen bushes and/or evergreen trees spaced a maximum of six feet apart. At the time they are planted, the trees shall be a minimum of six feet tall measured from the surface of the ground at the trunk to the top of the tree, and the bushes shall be a minimum of four feet tall measured from the surface of the ground at the trunk to the top of the bush. Additionally, all the time the bushes and/or trees are planted and thereafter, they shall create a screen which is at least 50 percent opaque between two and six feet above the ground throughout the year. The trees and/or bushes shall be well maintained and cared for.
(C) 
A strip of land a minimum of twenty-five feet wide planted with evergreen trees, evergreen bushes, deciduous trees, deciduous bushes, or on which earth berms are constructed, or a combination thereof so as to create a screen that is at least 50 percent opaque between two and eight feet above the ground throughout the year. At the time they are planted, bushes must be a minimum of 3 feet tall from the surface of the ground at the trunk to the top of the plant, and trees must be a minimum of six feet tall from the surface of the ground at the trunk to the top of the tree. The planting strip may be allowed to grow into a semi-natural state.
(D) 
A strip of land a minimum of 40 feet in width that is allowed to remain in its natural date.
(E) 
A strip of land a minimum of 300 feet in width that is allowed to remain in its natural state.
(F) 
A Type B buffer may be substituted for a Type A buffer upon approval by the Planning and Zoning Commission, and any other wider buffer may be substituted at the discretion of the owner or developer.
(Ordinance 2017-001 adopted 2/20/17)
Upon approval of the Planning and Zoning Commission, one of the narrower or lower-type buffers listed in Section 29.03 may be substituted for the required buffer listed in Section 29.05 under one of the following circumstances:
(A) 
If a parking lot or driveway is located between the buildings, storage areas, or other usable or improved areas of the site and any property line along which a buffer is required;
(B) 
If the natural topography contributes to the intent of the requirements for a buffer;
(C) 
If a combination of narrower or lower-type buffers is provided; or
(D) 
If the distance, topography, and/or vegetation between the source of any possible nuisances and any occupied structures on adjacent properties is sufficient to accomplish the purpose of a buffer.
(Ordinance 2017-001 adopted 2/20/17)
Many specific uses and the particular type of buffer which is required for each use are listed in this table. This table is designed to be cross-referenced with the Permitted uses table in Section 22 [21] of this ordinance. The table of buffer requirements is not intended to be all-inclusive. It is intended to serve as a guide regarding the type of buffer that should be provided between certain land uses. The appropriate buffer for any activity that is not identified in this table shall be determined as provided for in Section 15. The types of buffers listed correspond to those listed in Section 29.03.
Editor’s note–The table of buffer requirements referred to in section 29.05 was not set out in the ordinance.
(Ordinance 2017-001 adopted 2/20/17)