§ 165-97. Buffer areas.

A landscape buffer shall be provided within any nonresidential zone where a development abuts or is located across from a residential zone, or residentially developed property. The buffer shall provide a year-round visual screen to minimize adverse impacts from the site on adjacent properties. The following buffer area and landscaping requirements shall apply:

Zone	Buffer Width (feet)
A, AH-1 and AH-2	25
CBD	10
B-1	10
B-2	30
I-1	30
I-2	30
I-3	30
OAL	30

A. 

Buffer area requirements for hotels are as specified in § 165-95F.

B. 

Buffer areas will be contiguous with residential property lines and shall be of uniform width.

C. 

If the buffer is less than 20 feet wide, the applicant may be required to erect and landscape a six-foot-high stockade fence within the buffer area, parallel to the lot line of the abutting residential lot.

D. 

Buffer areas shall be maintained and kept clean of all debris, rubbish, weeds and tall grass. Any screen planting shall be maintained permanently, and any plant material which does not live shall be replaced within one year or one growing season.

E. 

No structure, activity, storage of materials, driveways or parking of vehicles shall be permitted in the buffer area, except permitted signs as specified in the district regulations.

F. 

Requirements for planting in buffer area.

(1) 

A solid and continuous landscaped screen shall be planted and maintained to conceal the parking and loading areas, eliminate the glare of vehicle lights throughout the year and camouflage the building from the abutting residential areas. The landscaped screen shall consist of evergreen trees, such as hemlock, Douglas fir, Norway spruce, etc. Evergreen trees shall not be less than eight feet high when planted, and the lowest branches shall be not more than one floor above the ground. In the event that the existing evergreen trees do not cover the required area from the ground, said landscaping screen shall be supplemented with evergreen shrubbery.

(2) 

In addition to the landscaped screen, shade trees shall be planted by the applicant at a distance of not more than 40 feet from each other.

(3) 

If the buffer area includes existing growth of evergreen and deciduous trees and shrubbery, but not enough to provide a suitable screen as required above, existing trees and shrubbery may remain and shall be supplemented by additional evergreen plantings to provide the required landscaped screen. In the event that the approving authority finds that further plantings of evergreens will not grow satisfactorily in said buffer areas, stockade fence(s) six feet high shall be erected in the buffer area.

G. 

The approving authority shall have the power to waive any of the requirements or details specified above if it is determines an adequate buffer can be provided in less than the required width while maintaining the purposes of this section. The approving authority, when considering waiving any of the buffer requirements, shall review the proposed plat and the standards and purposes of this chapter and, to these ends, shall consider the location of buildings, parking areas, outdoor illumination and topographic features of the area and existing features such as trees and streams; the efficiency, adequacy and safety of the proposed layout of driveways, streets, sidewalks and paths; the adequacy and location of screening and parking areas, structures and uses; and such other matters as may be found to have a material bearing on the above standards and objectives.

Amended 12-20-1999 by Ord. No. O-20-99