A bufferyard is a combination of a setback and
a visual buffer or barrier, and is a yard or area together with the
planting and/or structure required thereon. Both the amount of land
and the type and amount of planting specified for each bufferyard
requirement are designed to ameliorate potential adverse impact between
certain adjacent land uses, such as a single-family residence and
a retail business.
The bufferyard is designed to ameliorate any
potential adverse impact between adjacent land uses and streets, and
promote land use compatibility, and to provide visually attractive
screening of parking areas in development visible from a public right-of-way,
while providing adequate visibility.
Bufferyards shall be required for any new use
or substantially expanded use of over 50% of existing gross floor
area that requires the issuance of a building permit, in accordance
with the following Table 1 and "Bufferyard Illustrations."
Table 1: Bufferyard Requirements
|
---|
|
Adjacent Existing Use
(type of bufferyard required)
|
---|
Proposed
Use
|
Agriculture
|
Single
Family
|
Multi
Family
|
Institu-
tional
|
Town Center Commer-
cial
|
Highway
Commer-
cial
|
Industrial
|
---|
Agriculture
|
None
|
2
|
2
|
1
|
2
|
2
|
2
|
Single-family residential
|
2
|
None
|
2
|
3
|
3
|
3
|
4
|
Multifamily residential
|
2
|
None
|
None
|
3
|
3
|
4
|
5
|
Institutional
|
1
|
2
|
3
|
None
|
2
|
2
|
4
|
Town Center Commercial
|
2
|
3
|
3
|
2
|
None
|
2
|
4
|
Highway Commercial
|
2
|
4
|
4
|
3
|
2
|
None
|
3
|
Industrial
|
2
|
5A
|
5A
|
3
|
3
|
3
|
None
|
From Table 1, match the abutting use with the
proposed new or expanded use to determine the type of bufferyard required.
Should a question arise as to the land use classification of a proposed
or abutting use, the Building Official shall determine the classification.
Next, refer to Bufferyard Illustrations to determine the amount of
buffeyard required. The requirements are given in one-hundred-foot-length
units as measured along the property line. Whenever a wall or fence
is required, the location of the structure may be on either side of
the required bufferyard.
Existing vegetation, including all trees of
any dimension, shall be retained to the extent practical and feasible.
In no event shall a developer clear-cut the site of a required bufferyard.
The owner/developer shall conduct an existing tree inventory, identifying
the location, species, and diameter at 18 inches' height above grade
of all trees in the bufferyard, and complement the presence of such
trees with appropriate shrubs and other vegetation to meet all requirements
of this article.
To achieve the desired results, 75% of all required
plantings shall be coniferous (evergreen) plants and suitable for
local conditions. When structures are used, the materials shall be
durable and suitable for screening.
The minimum tree at planting shall be five feet
to six feet in height and 1 1/2 inches in diameter at a height
of 18 inches above the ground. The minimum shrub shall be two feet
in height. Both trees and shrubs shall be nursery stock with well-developed
root systems unless plants found in place can be used. If the existing
vegetation provides a screen equal to or greater than that which would
be planted, no other plant material shall be required. In case of
wooded landscaping, an additional planting of native shrubs such as
holly shall be required to improve screening.
The following substitutions for opaque walls,
fences, and plant materials may be made:
A. A combination of graded berms and planting materials
may be used to compensate for fences. Berms shall be graded to an
elevation to be approved by the Building Official.
B. Any existing plant material that otherwise satisfies
the requirements of this article may be substituted and counted toward
satisfying the requirements of this article.
All fences and walls used as part of the bufferyard
requirement must have the finished side facing outward. Fences shall
be wooden or other durable or opaque material approved by the Building
Official. Wooden fences should be made of rot-resistant material such
as locust, cedar, or redwood. If made of pine, the post shall be rated
for soil contact and the boards rated for outside use. Chain-link
fences with wood, plastic, or metal strips are prohibited. A chain-link
fence is acceptable, provided an evergreen hedge is planted on the
external side of the fence. Walls must be made of masonry materials,
including poured concrete, concrete block covered with stucco, brick,
stone, or stone face.
It shall be the responsibility of the owner/developer
to provide the bufferyard where required by this chapter. No new individual
detached single-family dwelling or duplex constructed on lots of record
prior to the adoption of this article shall be required to provide
such bufferyards.
The maintenance of required bufferyards shall
be the responsibility of the owner, developer or the homeowners' association
or condominium council, as designated in the development documents.
All such areas shall be properly maintained so as to ensure continued
buffering. All planted areas shall be provided with a readily available
water supply or irrigation to ensure continuous healthy growth and
development. Dead trees shall be removed; debris and litter shall
be cleaned; and berms, fences, and walls shall be maintained at all
times. Failure to do so is a violation of this chapter and may be
remedied in the manner prescribed for other violations.
A bufferyard may be used for passive recreation
and may be interrupted by access driveways not exceeding 16 feet in
width. Exceptions for uses requiring wide curb cuts may be approved
by the Building Official. All other uses are prohibited, including
off-street parking.
Bufferyards shall not obscure a clear line of
sight for vehicular traffic. Bufferyards shall be placed no closer
than 20 feet to street/road right-of-way lines.