7.2.3 Requirements for Perimeter Buffers and Landscape Areas

(A) Applicability

(1) All uses subject to the requirements of this chapter shall provide an undisturbed buffer to separate that use from adjacent land uses in accordance with Table 7.2-1. The buffer shall have the width, amount of vegetation, and other features to properly mitigate negative effects of continuous land uses. Whenever new landscape material must be used, such material shall consist of native or non-invasive non- native, drought-tolerant plantings to reduce the need for irrigation systems and promote restoration of a natural forest.

(2) Within the area inside the outer perimeter of the Town Center District, including all subdistricts and conditional use districts, and individual Mixed Use Overlay Districts, the requirements of this section shall apply only to boundaries between properties located within the district and properties located outside the districts.

(3) If an undisturbed buffer does not exist on the site, or has been disturbed as allowed in this section, then a re-vegetated natural buffer may be installed. The intent of the re-vegetated buffer is to restore the natural area (i.e., sufficient upper-story trees to achieve a closed canopy in the future and, preferably, no installation of turf grasses).

(4) The developer of a site/subdivision development shall install the required landscaping within all streetscapes and buffers when: (1) construction activity is discontinued for more than 180 days; and/or (2) the area graded exceeds the initial phase of development. In such instances, all required streetscapes and buffers shall be installed following the completion of the installation of site stabilization measures for all areas graded.

(B) Type and Width of Required Buffer

(1) Buffers Based on Land Use Class

Table 7.2-1 specifies the type of undisturbed buffer or landscaped buffer that must be in place. The buffer type is indicated by letter and the total buffer width in feet is indicated by number. Depending on the land use classification of the proposed use and the use of the adjacent property , Table 7.2-1 requires an undisturbed buffer or landscaped area (if permitted) of a particular type and a particular minimum width. Subsection 7.2.3(C) below identifies the land uses that fall within each land use class shown in Table 7.2-1. This information is also listed by use type in Table 5.1-1 of this Ordinance. Subsection 7.2.3(D) below identifies the performance standards for each buffer type (i.e., A, B, or C).

(2) Buffer Adjacent to American Tobacco Trail

A fifty (50) foot wide Type A buffer shall be provided adjacent to the American Tobacco Trail as required by Section 4.4.3(H)(4) of this Ordinance.

For a printer-friendly, PDF version: Table 7.2-1

TABLE 7.2-1: REQUIRED UNDISTURBED PERIMETER BUFFER/LANDSCAPED AREAS BY CLASS
Proposed Use Class	IF DEVELOPED Adjacent Use Class							IF VACANT Adjacent Property Zoning District
	1	2	3	4	5	6	7	Residential Zones (See [D][2] below for exceptions)	CT TC OI PDD	GC	ORD I
1	0	20	20	20	25	35	45	20	25	35	45
1		B	B	B	B	B	B	B	B	B	B
2	20	20	30	40	50	65	80	20	50	65	80
2	B	B*	B	A	A	A	A	B	A	A	A
3	20	30	20	30	40	50	65	30	40	50	65
3	B	B	B	A	A	A	A	B	B	A	A
4	20	40	30	20	30	40	50	40	30	40	50
4	B	A	A	B	B	B	A	A	B	A	A
5	25	50	40	30	20	20	30	50	20	20	30
5	B	A	A	B	C	C	B	A	C	C	B
6	30	65	50	40	20	20	25	65	20	20	25
6	A	A	A	B	C	C	B	A	C	C	C
7	45	80	65	50	30	25	20	80	30	30	20
7	B	A	A	A	B	B	C	A	B	B	C

(1) No buffer is required between shared public uses (e.g., a park adjacent to a school, library, or other shared public facility).

(2) * Required landscaping areas to be provided between two Class 2 uses are not subject to the ownership restrictions applied to other buffers, and may be located within the platted portion of a lot.

(3) Once a detached dwelling has been constructed and occupied, in instances where the landscaping area (planted to a Type B standard) between two (2) type 2 uses is located within the individual building lot, the landowner(s) may remove or supplement vegetation on the lot.

(C) Land Use Classes

The seven land use classes appearing in Table 7.2-1 include the following uses and structures (refer to Table 5.1-1 for definition of use categories):

For a printer-friendly, PDF version: Table 7.2-2

TABLE 7.2-2: LAND USE CLASSES
Class	Uses Included
Class 1	Uses permitted under the Agricultural Uses category, including produce stands.
	Cemetery.
	Uses permitted under the Park and Open Space use category, except athletic fields, amphitheaters, and neighborhood recreation centers.
	Open space: No buffer is required for any use adjacent to permanent and/or zoned open space unless it is needed to meet the buffer width and type requirements in Table 7.2-2 (e.g., open space that is part of a multifamily development plan). If this open space is not wide enough, or contains insufficient vegetation to meet the buffer type requirements, then the development is required to add additional buffer area and/or vegetation so as to meet the requirements. Buffer width and type are based on the land use on the opposite side of the open space. Setbacks from open space shall be the same as those for buffers since the open space is being used to meet buffer requirements.
Class 2	Single-unit detached dwellings in residentially zoned districts on lots that are eight thousand (8,000) square feet in area or larger and like uses.
	Single-unit detached dwellings on lots eight thousand (8,000) square feet in area or larger that are located on non- residentially zoned property shall be classified as vacant non-residential for determining the required buffer.
	In addition, "underdeveloped" properties (larger size properties greater than ten (10) acres that have the potential for higher density development based on the future growth framework development category designated for the property in the Shape chapter of the Cary Community Plan) that may presently be zoned and/or used for residential uses shall be placed in a class consistent with future growth framework development category.
Class 3	Single-unit detached dwellings in residentially zoned districts on lots of less than eight thousand (8,000) square feet and like uses (including detached patio dwellings).
Class 4	Uses permitted under the Animal Service use category, except outdoor kennels.
	Uses permitted under the Assembly use category.
	Day Care Centers
	Athletic fields (public and private).
	Golf course.
	Golf driving range.
	Uses permitted under the Government Services use category, except public utility facilities.
	Bed & Breakfast.
	Uses permitted under the Household Living use category, except detached dwellings (including detached patio dwellings) and duplex dwellings.
	Libraries.
	Museums.
	Public safety stations.
	Neighborhood recreation centers, indoor and outdoor (public and private).
	Nursing homes.
	Uses permitted under the Office use category with a gross floor area on the property of fifty thousand (50,000) square feet or less when located adjacent to residential uses or zoning.
	Parking lots as a principal use containing less than fifty (50) parking spaces.
	Uses permitted under the Religious Assembly use category.
	Uses permitted under the School use category, including pre-schools when adjacent to residential uses.
	Uses permitted under the Telecommunications Facilities use category up to seventy-five (75) feet in height from the finished grade elevation to the top of the tower (not including antennae).
Class 5	Amphitheaters, outdoor (public) seating not more than (250) persons.
	Pre-schools and day care centers when located adjacent to non-residential uses.
	Duplex dwelling.
	Farm markets.
	Uses permitted under the Financial Institutions use category.
	Uses permitted under the Group Living use category, except nursing homes.
	Hospitals.
	Uses permitted under the Recreation/Entertainment, Indoor use category, except neighborhood recreation centers.
	Uses permitted under the Office use category with a gross floor area on the property of more than fifty thousand (50,000) square feet when located adjacent to residential uses or zoning.
	Parking lots as a principal use containing greater than fifty (50) parking spaces.
	Uses permitted under the Public Accommodation use category, except guest houses that are not located adjacent to a residential district and that have no more than one hundred fifty (150) rooms.
	Uses permitted under the Telecommunications Facilities use category up to one hundred fifty (150) feet in height from the finished grade elevation to the top of the tower (not including antennae).
	Railroad rights-of-way, including lines and/or tracks.
	Utility substation, minor.
Class 6	Amphitheaters, outdoor (commercial/private).
	Amphitheaters, outdoor (public) seating more than 250 persons.
	Dog kennels, outdoor.
	Uses permitted under the Food and Beverage Service use category.
	Uses permitted under the Public Accommodation use category, except guest houses that have 150 rooms or more and that are not located adjacent to a residential district.
	Uses permitted under the Office use category when located adjacent to a non-residential use or zoning district.
	Recreation, general outdoor (commercial/private).
	Uses permitted under the Retail Sales and Service use category, except farm markets and funeral homes.
	Uses permitted under the Telecommunications Facilities use category up to 225 feet in height from the finished grade elevation to the top of the tower (not including antennae).
	Uses permitted under the Vehicles and Equipment use category.
	Uses permitted under the Warehouse and Freight Movement use category, except outdoor storage and railroad stations and yards.
	Commuter rail transit station.
Class 7	Uses permitted under the Aviation use category.
	Uses permitted under the Industrial Service use category.
	Uses permitted under the Manufacturing and Production use category.
	Motor vehicle raceways.
	Uses permitted under the Non-Governmental Utilities use category, except minor utility substations and rail transit stations.
	Outdoor storage.
	Uses permitted under the Public Accommodation use category, except guest houses, that are located adjacent to a residential district.
	Public utility facilities.
	Railroad stations and yards.
	Uses permitted under the Telecommunications Facilities use category above 225 feet in height from the finished grade elevation to the top of the tower (not including antennae).
	Uses permitted under the Waste-Related Uses category.

(D) Types of Buffers and Landscaped Areas

(1) The three (3) types of landscaped buffers that appear in Table 7.2-1 are as follows. Detailed illustrations and supplemental information on buffer configurations are available in the Community Appearance Manual.

(a) Type A

1. This buffer is intended to provide the greatest degree of screening feasible and minimize visual contact between uses, creating a strong impression of total separation from the ground to a height of at least eighteen (18) feet. Vegetative material within this buffer shall meet the following criteria:

a) Upper-story trees shall be planted at a density of four (4) trees for every one hundred (100) linear feet of buffer, with a maximum spacing of thirty (30) feet between trees. Upper-story trees shall attain a height at maturity of no less than sixty (60) feet.

b) Evergreen understory trees shall be planted at a density of fourteen (14) trees for every one hundred (100) linear feet of buffer, with a maximum spacing of ten (10) feet between trees. Understory evergreen trees shall attain a height at maturity of no less than eighteen (18) feet.

c) Type A buffers that are wider than thirty (30) feet shall also incorporate shrubs planted at a density of ten (10) shrubs per one hundred (100) linear feet of buffer. Shrubs shall attain a height at maturity of no less than three (3) feet.

d) Type A buffers may include a wall, fence, landscaped earthen berm, planted vegetation, existing vegetation, or any appropriate combination of these elements.

2. The Planning Director may modify the planting criteria for a Type A buffer pursuant to this section, where shown on any development plan requiring or identifying a Type A or opaque buffer or landscape area, including such plans approved prior to the effective date of this ordinance, and/or pursuant to Section 4.3.5(D)(3) where such buffer is required as a zoning condition, if the Planning Director determines in accordance with established horticultural guidelines that achieving the desired degree of buffer opacity while maintaining existing healthy vegetation within the buffer may not be feasible due to a combination of the factors listed below, provided that the intended performance standard is achieved to the extent practicable:

a) type and conditions of significant vegetation remaining within the landscape area or buffer,

b) availability of sunlight;

c) dimension of required planting area;

d) separation between plants;

e) impact of installation of new plant material on root zones of any existing material;

f) topography;

g) proximity of man-made features such as utilities, buildings, sidewalks and retaining walls; and

h) other unique site factors or conditions affecting plant growth and long-term health of the buffer, streetscape or landscape area.

(b) Type B

This buffer is intended to function as a semi-opaque screen from the ground to at least a height of six (6) feet. Vegetative material within this buffer shall meet the following criteria:

1. Mid- or upper-story trees shall be planted at a density of four (4) trees for every one hundred (100) linear feet of buffer, with a maximum spacing of thirty (30) feet between trees. Mid- or upper-story trees shall attain a height at maturity of no less than forty (40) feet.

2. Shrubs shall be planted at a density of sixteen (16) shrubs for every one hundred (100) linear feet of buffer, with a maximum spacing of eight (8) feet between shrubs. At least seventy-five (75) percent of the shrubs shall be an evergreen species locally adapted to the area.

3. Type B buffers may include a wall, fence, landscaped earthen berm, planted vegetation, existing vegetation, or any appropriate combination of the elements.

(c) Type C

This buffer area is intended to function as an intermittent visual obstruction from the ground to a height of at least twenty (20) feet, and create the impression of spatial separation without eliminating visual contact between uses. Vegetative material within this buffer shall meet the following criteria:

1. Upper-story trees shall be planted at a density of three (3) trees for every one hundred (100) linear feet of buffer, with a maximum spacing of forty (40) feet between trees. Upper-story trees shall attain a height at maturity of no less than sixty (60) feet.

2. Understory or ornamental trees shall be planted at a density of five (5) trees for every one hundred (100) linear feet of buffer, with a maximum spacing of twenty-five (25) feet between trees. Understory or ornamental trees shall attain a height at maturity of no less than fifteen (15) feet.

3. Type C buffers may include a wall, fence, earth berm, planted vegetation, existing vegetation, or any appropriate combination of these elements.

(2) Buffer plantings shall conform to the following standards:

(a) The new plantings comprising the buffer shall be evenly distributed throughout the buffer. In instances where planting in a row or rows is necessary to achieve the desired performance objective, trees shall be planted in staggered rows whenever practicable. In cases where the entire buffer width may not be needed to achieve the desired performance objective of the buffer type, the remainder of the required buffer area should have a minimum spacing of trees as required by the associated buffer type.

(b) Buffer performance requirements must be achieved in the quickest time possible (preferably no more than five (5) years).

(c) When detailed information regarding existing vegetation is not available at the time of development plan approval, then a Town Zoning Compliance Officer shall determine when existing vegetation may be utilized in-lieu of new plantings prior to the approval of a Certificate of Occupancy.

(d) Depending on actual field conditions, additional trees and shrubs may be required in addition to the existing vegetation to meet these buffer requirements.

(e) In instances where planting requirement calculations produce a fraction, the plants shall be rounded up to the next whole number (e.g. five and one-tenth (5.1) required shrubs shall equal six (6) provided shrubs).

(E) Determination of Buffer Width and Responsibility for Installation

Buffer widths and installation responsibility shall be in accordance with the following:

(a) Where a developing parcel is adjacent to a vacant parcel, then the developing parcel may provide one-half of the buffer required adjacent to the vacant land as indicated in Table 7.2-1.

(b) Where a developing parcel is adjacent to an existing land use, then the developing parcel shall provide the full buffer required adjacent to the existing land use as indicated in Table 7.2-1.

(c) The developing parcel next to an existing land use shall provide the full buffer required unless the existing use already has a buffer that may be credited towards the required width, or the buffer for an existing non-residential use was reduced or not required with its development plan approval.

(d) Credit for existing buffers is not given when the existing use is residential and its existing buffer is on the same lot as the residential use; see subsection 7.2.3(J), Ownership of Buffers.

(F) Location of Buffers

(1) The perimeter buffers and/or perimeter landscaped areas required by this Section shall be located along the outer perimeter of the parcel and shall extend to the parcel boundary line or right-of-way line; however, the buffers may be located along shared access easements between parcels in non-residential developments. Within shopping centers or other non-residential centers/developments, the perimeter buffer area between outparcels (non-residential uses) may be provided, totally or in part, elsewhere on the site. For example, a twenty (20)-foot buffer between like uses may be shifted elsewhere on the site (preferably within the site's interior) as long as the total area is provided for. The intent of this subsection is to provide for more flexibility in site design and to potentially save large natural areas that may exist elsewhere on the site.

Location of Buffers

(2) Perimeter buffers or landscaped areas shall not include any portion of an existing or proposed public or private street, easement, or right-of-way. Additional buffer area shall be required when easements and other similar features intrude in the buffer.

(G) Existing Vegetation, Fences, Walls, and Berms

(1) Existing significant vegetation within the required buffer shall be preserved and credited toward standards for the type of buffer required, unless the existing vegetation is seriously diseased, damaged and treatment would not be practical, or vegetation has or will give rise to a nuisance situation. Wherever practical, vegetation removal will be limited to just those portions of the vegetation area necessary to correct any problems, while the remainder of the vegetation area without problems shall be left intact.

(2) Existing berms, walls, or fences within the buffer, but not including chain link fencing, may be used in part to fulfill the requirements for the six (6)-foot tall screen where required, provided that these elements are in a condition of good repair. Where fences or walls are used, they shall be screened pursuant to the requirements of Sec. 7.2.7(C). Other existing site features within the required buffer area which do not otherwise function to meet the standards for the required buffer shall be screened from the view of other properties or removed, as determined during review and approval of the development plan.

(3) If existing significant vegetation and other site features do not fully meet the standards for the type of buffer required, then additional vegetation and/or site features (including fences) shall be planted or installed within the required buffer area to meet the performance criteria outlined in this section.

(H) Development within Required Buffers

No grading, development, land-disturbing activities, or removal of vegetation shall occur within buffers or associated tree protection areas with exception of the following, unless otherwise explicitly permitted in this Ordinance. Where disturbance within the buffer is allowed, damage to existing vegetation shall be minimized to the extent practicable and supplemental planting shall be provided as necessary to meet the performance standard of the applicable buffer type.

(1) Sidewalks, street-side trails and public transit amenities;

(2) Utilities, including but not limited to water and sewer lines, stormwater drainage channels or piping, and similar features, provided that no reasonable alternative location exists; and

(a) they are located perpendicular to the buffer or at an angle of at least seventy-five (75) degrees; or

(b) they are located at an angle less than seventy-five (75) degrees, and the area contained in the disturbed area is replaced with an equal amount of buffer area meeting the applicable buffer standard, in proximity to the disturbed area.

(3) Stormwater impoundment areas or other BMPs provided that no reasonable alternative location exists.

Development within Required Buffers

(I) Zoning Change

A revised plan will be required if changes of use or change in zoning classification occur for an existing use or parcel and such change results in a higher land use classification per criteria listed in subsection 7.2.3(C) above. The proposed use or parcel shall be brought into compliance with the perimeter buffer/landscaped area requirements of this section or as close as existing site conditions permit, as determined by the Planning Director. Compliance with this Section shall require the submittal and approval of a revised plan showing that the development is being brought into compliance to the extent practicable.

(J) Ownership of Buffers

No required buffer in a residential subdivision shall be included within any single-unit residential lot, or be wholly owned (in fee simple absolute) by the owner of an individual residential building lot zoned for residential uses. The buffers shall be owned by a homeowner's association or be owned outright by a third party or shall be otherwise divided so that the buffer is not removed, modified, or damaged.

(1) Any required buffer (including those required as a zoning condition) for a residential development shall not be credited toward meeting the lot size requirements. The preferred method is that the residential buffer be a separate lot and owned by a separate entity (e.g., a homeowners association).

(2) Where control and/or ownership of the buffer is through a property owner's association, any modifications, removal, or damage to the buffer by an adjacent homeowner shall be prohibited.

(3) The property owner's association or owner shall be responsible for any violation related to the buffers in accordance with Section 7.2.13, Maintenance Responsibility, Replacement of Damaged Vegetation, and Associated Fines.

(4) Buffers may be included within residential lots only when all of the following conditions are met:

(a) The subdivision is less than ten (10) acres in size and has no homeowners association; and

(b) There is no reason for the formulation of a homeowner's association (e.g. covenant, other common areas or engineered stormwater control structures); and

(c) The buffer is placed within a permanent conservation easement or other legal instrument dedicated to the Town (required documents must be provided prior to recording the plat for the impacted area).

(K) Use of Off-Site Landscape Easements

Off-site permanent landscape easements may be used to meet required buffer areas, provided that the size or shape of the parcel significantly restricts the ability to reasonably use the property and meet the buffer requirements. These easements must be recorded prior to or in conjunction with the approval of the development plan. The easement must not be under the same ownership as the developing site.

(L) Distance of Buildings and Structures from Required Buffers

Building, structures, parking lots and vehicular use areas shall be set back from required buffers or streetscapes as specified in Section 6.3.2(C) of this Ordinance.

(Ord. No. 2009-LDO-01, 2-12-09; Ord. No. 2010-LDO-05, 12-16-10; Ord. No. 2011-LDO-04, 11-17-11; Ord. No. 12-LDO-01, 2-23-12; Ord. No. 2021-LDO-01, 6-24-21)