§ 152.095 BUFFER AREAS.
   (A)   Definition. A buffer area is a unit of yard, together with plantings, fences, walls and other screening devices required thereon.
   (B)   Purpose. The purpose of a buffer area is to ameliorate nuisances between adjacent land uses and streets, and promote land use compatibility. Additionally, the buffer area is designed to safeguard property values and preserve the character and ambience of the city.
   (C)   Location. Buffer areas shall be located on the outer perimeter of a lot or parcel, extending to the lot or parcel boundary line. They shall not be located on any portion of an existing street or right-of-way; however, they may occupy part or all of any front, side or rear yard or setback required by this chapter. Where required, buffer areas and/or buffer area structures shall be developed as an integral part of the proposed use.
   (D)   Design standard. Three types of buffer areas are required by this chapter, Type A, Type B and Type C.
      (1)   Type “A” buffer area.
         (a)   The Type A area consists of low density landscaping between a proposed use and the adjacent street, providing separation between the two.
         (b)   The buffer area shall be a minimum width of five feet. Per 100 lineal feet of frontage, the buffer area shall consist of a combination of not less than 12 ornamental shrubs, two understory trees and landscaped grass areas, or other appropriate ground cover. The shrubs may be clustered to ensure their survival. An example site plan is illustrated by Appendix E.
      (2)   Type “B” buffer area.
         (a)   The Type B area is a medium density screen intended to block visual contact between uses and to create spatial separation. The buffer area shall be a minimum width of ten feet. Per 100 lineal feet the screen shall consist of a combination of two deciduous trees planted 40 to 60 feet on center and eight evergreen plants ten feet on center.
         (b)   An example site plan is illustrated by the diagram in Appendix E.
      (3)   Type “C” buffer area.
         (a)   The Type C area is a high density screen intended to exclude all visual contact between uses and to create a spatial separation. The buffer area shall be a minimum width of 15 feet. Per 100 lineal feet, the screen shall consist of a combination of two deciduous trees planted 40 to 60 feet on center and 17 evergreen plants or understory trees planted in a double staggered row ten feet on center.
         (b)   An example site plan is illustrated by the diagram in Appendix E.
   (E)   Determination of buffer area requirements. Buffer areas shall be required under the following circumstances.
      (1)   Wherever a multi-family complex, mobile home park or non-residential use is proposed, a Type A area shall be provided along with street right-of-way boundary of the proposed use, separating it from the adjoining street, except for driveways and visibility angles.
      (2)   Wherever a mobile home park, multi-family or townhouse project, mini-warehouse, institutional or commercial use is proposed for a site or lot adjoining a single-family residential use in a residentially-zoned district with an intervening public or private street or right-of-way of 18 feet or greater, a Type B area shall be provided along the boundary of the adjoining residential property line. A Type B buffer area also shall be required between the above listed residential and non-residential uses.
      (3)   Wherever an industrial, warehouse, outdoor storage or related use is proposed for a site or lot adjoining any residential use in a residentially zoned district with no intervening public or private street or right-of-way of 18 feet or greater, a Type C buffer area shall be provided along the boundary of the residential property line.
   (F)   Buffer area specifications.
      (1)   Minimum installation size. At installation or planting, all evergreen (understory) trees and/or shrubs used to fulfill buffer area requirements shall be not less than six feet in height, and all deciduous (canopy) trees shall be not less than eight feet in height, except for ornamental shrubs for Type A buffer areas, which may be used.
      (2)   Minimum mature size. At maturity, evergreen plant material used for screening shall form a continuous opaque screen averaging ten feet in height, and deciduous plant material used for screening shall average 25 feet in height.
      (3)   Staggered planting. Where required, evergreen and deciduous plant material shall be planted in at least two rows and in an alternating fashion to form a continuous opaque screen of plant material.
   (G)   Substitutions. The following substitutions shall satisfy the requirements of this section:
      (1)   Existing plant materials. Existing trees of four inches DBH (Diameter Breast High) or more in diameter, within the required buffer area may be included in the computation of the required buffer area planting, with approval of the Building Official.
      (2)   Fence or wall.
         (a)   Where, owing to existing land use, lot size or configurations, topography or circumstances peculiar to a given piece of property, the buffer area requirements of this section cannot reasonably be met, the developer(s) may request and the Building Official may approve the substitution of appropriate screening, in the way of a fence or wall structure along the property line of the proposed use in accord with the provisions of this division.
         (b)   A six-foot fence or wall, as illustrated below, may be substituted for a Type B buffer areas, and an eight-foot fence may be substituted for a Type C buffer area.
         (c)   All fences and walls used as part of the buffer area requirements must have a finished side that is facing adjoining property. The interior side of the fence or wall may be finished as owner deems appropriate. Where fences or walls are proposed by the developer, but not required by the applicable buffer area requirements, they shall be established along the inside line of the buffer areas, toward the proposed use, except for ornamental fences, which may be built on the property line.
   (H)   Responsibility. It shall be the responsibility of the proposed new use to provide the buffer area where required by this chapter, except that no new detached single-family use or duplex shall be required to provide the buffer area.
   (I)   Required maintenance. The maintenance of required buffer areas shall be the responsibility of the property owner. All areas shall be properly maintained so as to ensure continued buffering. All planted areas shall be provided with an irrigation system or a readily available water supply 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.
   (J)   Use of buffer areas. A buffer area may be used for passive recreation. No plant material may be removed. All other uses are prohibited.
(Ord. 94-06-01, passed 6-14-94) Penalty, see § 152.999