(A) (1) The buffer yard is a designated unit of yard or open area together with any plant materials, barriers or fences required thereon. Both the amount of land and the type and amount of landscaping specified are designated to lessen impacts between adjoining land uses. By using both distance and landscaping, potential nuisances, such as noise, glare, activity, dirt, unsightly parking areas and so forth, will be minimized. Where a non-residential use that is hereafter developed abuts a residential (even if vacant) or agricultural land use, buffer landscaping is required to minimize noise, lighting and sight impact of the non-residential activities in the residential area. Where a medium- or high-intensity residential use is hereafter developed next to and abutting low-intensity residential or agricultural land use, buffer landscaping is required.
(2) Landscaping and buffer landscaping will be required within the following districts:
(a) Performance medium-intensity residential (PR-2);
(b) Performance high-intensity residential (PR-3);
(c) Community medium-intensity residential (CR-2);
(d) Community high-intensity residential (CR-3);
(e) Village residential; multi-family (VR-2);
(f) Performance low-intensity non-residential (PC-I);
(g) Performance medium-intensity non-residential (PC-2);
(h) Performance high-intensity non-residential (PC-3);
(i) Community Commercial and Industrial (CC-1, CR-2, CR-3 and CI-1, CI-2 and CI-3);
(j) Village Commercial (VC-1, VC-2 and VMU); and
(k) Planned unit development overlay zones.
(B) Low intensity residential (PR-I, CR-l, CR-IM, VR-J, VR-IM) land uses are exempt from this section.
(C) Unless otherwise indicated, landscaping will consist of a minimum of 15% of the total area of the proposed developed portion of the lot.
(D) Buffers shall be provided and maintained as set forth below in the landscaping buffer matrix in § 150.085.
(E) For non-residential uses, a solid wall or a solid fence at least six feet high shall be erected on sides abutting or adjacent to a low-, medium- or high-intensity residential use (PR-l, PR-2, PR-3, CR-l, CR-IM, CR-2, CR-3, VR-1 and VR-2), except for those sides abutting public rights-of-way or private roads.
(1) In order to allow for unobstructed vision, such wall or fence shall be three feet high in the area within 11 feet of a public way or planned public way.
(2) If the wall, plus retaining wall, has an effective height of over eight feet on the residential side, the Zoning Administrator, or his or her designee, shall decide the acceptable height.
(F) Lighting shall be placed to reflect the light away from adjacent residential districts.
(G) No noise, odor or vibration shall be emitted by uses outside the boundaries of a non-residential use. Such determination shall be made at the boundary of the non-residential use.
(H) Parking lot landscaping is intended to break up large expanses of pavement, create shade, buffer views of parking lots from adjacent streets and developments and enhance the overall appearance of each project. Landscaping of the parking area shall consist of a minimum of 15% of the total landscape area required in division (C) above and shall include a minimum of one tree per five parking spaces. All parking lots and repaving projects of existing parking lots consisting of ten or more required spaces shall be subject to these requirements.
(I) Trees, shrubs and other drought tolerant plant species that require minimal water should be used.
(J) The trees and/or shrubs shall form a largely opaque screen; however, within a clear sight triangle, the trees and shrubs shall be maintained to a height of not higher than three feet.
(K) The landscape buffer between any residential and non-residential use shall not eliminate the applicable requirements for a fence or wall if parking is adjacent to the landscaping strip.
(L) A landscape plan indicating the type, size and location of landscaping along with topography and an irrigation plan showing the type and size of pipes and heads shall be submitted in conjunction with the application for the building permit.
(M) The irrigation system and the landscaping shall be installed before the completion of building construction and prior to the issuance of a certificate of occupancy unless a written agreement has been approved by the Zoning Administrator.
(N) The owner of the landscaped property shall be responsible to maintain it in a healthy, clean, trimmed, weed-free and litter-free condition. Dead plant material shall be replaced with new plant material immediately. All plant growth in required landscaped areas shall be controlled by pruning or trimming so that it will not interfere with the installation, maintenance or repair of any public utility, nor restrict pedestrian or vehicular traffic, nor constitute a traffic hazard.
(O) The Zoning Administrator, or his or her designee, may approve an alternative landscaping plan that locates the buffer landscaping away from the site plan boundary line if they find that all of the following apply.
(1) Noise, lighting and sight buffering of the residential district can be accomplished at least as well with the alternative plan.
(2) The alternative landscaping plan does not result in less landscaped area than would have been required with the normal buffer landscaping strip specified in the landscaping/buffer matrix in § 150.085.
(3) A solid wall or solid fence at least six feet high is provided along all segments of the site plan boundary line that does not have the standard buffer landscaping strip.
(Ord. 2010-018, passed - -) Penalty, see § 150.999