(a) When required. A bufferyard consisting of an open space of grass and other landscaping and a masonry wall or wood fence in combination with design features that screen or block vision, noise pollutants and other negative by-products shall be provided and maintained along the entire length of the boundary line between any one- or two-family district, and adjacent nonresidential districts. A bufferyard shall be required even when an alley is located between a nonresidential district and an adjacent one- or two-family district. Temporary buildings, utility facilities and additions to primary structures placed on the site that are less than 30% and under 3,000 square feet are exempted from the bufferyard requirements of this subsection (a). References in this section adjacent to one- or two-family districts shall not include uses described in subsection (k)(4) below.
(b) Restrictions of the use of bufferyard and/or building setback areas. These areas are intended to serve as a buffer between potentially incompatible uses. Structures are not permitted to be located in these areas, nor can such areas be used for signs, dumpsters or other garbage containers, any type of storage or any nonresidential activity. Passenger car parking, automobile and truck access and loading or unloading of goods during the daylight hours shall be permitted within the building setback areas exclusive of the landscaped areas.
(c) Area requirements.
(1) Except as noted in subsection (c)(3) below, when a nonresidential use is initially established, a residential use is converted to a nonresidential use, or the zoning district classification of property is changed to a less restrictive nonresidential district after April 12, 1988, then in each instance where the nonresidential use is located on a lot or premises adjacent to a one- or two-family district, a bufferyard and supplemental building setback shall be provided and maintained by the owner and/or occupant of the nonresidential use in accordance with the following standards.
* Plus five feet for each additional story above three stories in height
** 45 degree transitional height plant applies above 45 feet or 3 stories, whichever is less. See Figure 6.1 and Figure 6.2, and explanatory language below.
*** Refer to Section 6.300(k) when adjacent to one- or two-family zoning districts.
(2) When there is an expansion of any parking area or the square footage of a nonresidential use that is located on a lot or a premises that is adjacent to a one- or two-family district, then the development shall be subject to the supplemental bufferyard and building setback requirements, as set forth in this section.
(3) When the zoning district classification of vacant property is initially established as a nonresidential use or changed to a less restrictive nonresidential district, the required screen fence and bufferyard shall not be required until such time as the property is actually used as a nonresidential use.
(d) Screening requirements. The owner and/or occupant of the use shall also erect and maintain a solid masonry wall, wood fence, or combination thereof, to a height that is a minimum of six feet above the grade of adjacent property along the entire adjacent property line except for minimum required front yards and visibility triangles. For construction standards, see § 5.305(c). Temporary buildings, utility facilities and additions to primary structures placed on the site that are less than 30% and under 3,000 square feet are excepted from the screening requirements of this subsection (d); however dumpsters, loading docks and ground level mechanical equipment shall be screened with a six-foot screening fence. For construction standards, see § 5.305(c).
(e) Irrigation requirements. All bufferyards required under this section must be irrigated by an underground automatic irrigation system. Provided, however, that, when the total area of the bufferyard is less than 1,000 square feet, an irrigation system shall not be required if there is a working water faucet located no more than 100 feet from every part of the bufferyard.
(f) Landscaping requirements. The bufferyard shall be sodded with turf grass or ground cover that will provide the appearance of a finished planting. Minimum landscaping and buffering must be provided as outlined in subsection (g) below. The landscaping in the bufferyard shall be protected from vehicular encroachment by curbs, railroad ties, concrete retainers or other permanent barriers.
(g) Point system requirements. Bufferyards must earn a minimum of 25 points that are awarded for providing and maintaining specific landscaping and design features. The points are accumulated as follows:
Solid wood screening fence
6 feet in height, single-faced
6 feet in height, double-faced
8 feet in height, single-faced
8 feet in height, double-faced
Solid masonry wall
6 feet in height
8 feet in height
Combination masonry wall/double-faced solid wood screening fence
6 feet in height
8 feet in height
Each additional 5 feet in bufferyard width beyond required minimum*
3 small ornamental trees for every 50 lineal feet of bufferyard
3 small ornamental trees for every 25 lineal feet of bufferyard
5 ornamental shrubs for every 25 lineal feet of bufferyard
1 tree for every 25 lineal feet of bufferyard (minimum 12 feet in height, minimum trunk caliper of 2-1/2 inches above root ball)
* For commercial and institutional uses, a 30-foot grass bufferyard shall meet the point system requirements of this section without providing for a screening fence or irrigation system
(h) Permit requirements. In order to determine compliance with this section, an application for a building permit for property that abuts a one- or two-family district shall include a landscaping plan with a planting schedule and a written statement indicating the options that were selected in order to meet the minimum “point” requirements.
(i) Installation and maintenance. The owner and/or occupant shall be jointly and severally liable for installing and maintaining all masonry walls, fences and landscaping in a healthy, neat, orderly and physically sound condition and replacing it when deemed necessary by the planning and development department.
(j) Bonus provisions. The minimum building setback in rear yards can be reduced by five feet in “ER,” “E,” and “O-M” districts and ten feet in all other commercial and industrial districts provided that a minimum ten-foot landscaped front yard is provided on the site in accordance with the standards specified in subsections (e) and (f) above.
(k) The below additional standards apply in "I" light industrial, "J" medium industrial and "K" heavy industrial when adjacent to one-family or two-family districts as measured at the property line. The standards shall not apply when the industrial districts and one- and two-family districts are separated by a street.
(1) Within the required 50 foot supplemental setback and in addition to the required screening fence or wall, a 20 foot landscaped bufferyard shall be installed along the length of the boundary of the one- or two-family district to include minimum 2½ caliper trees and shrubs in order to provide a vegetated screen. Medium trees shall be planted every 15 feet on center or large trees planted every 30 feet on center. Shrubs that are indicated to grow to a minimum of eight feet tall shall be planted in between the trees. Activity within this supplemental setback shall comply with § 6.300(b). The 20 foot bufferyard will not apply to properties less than 500 feet in depth as measured perpendicular to the primary public street.
(2) If visible from one- or two-family districts, storage and dumpsters shall be screened from view from the residential property by an eight foot screening masonry wall surrounding the storage area. If a building is between the storage or dumpster area and the one- or two-family district boundary, and the area is not viewable from adjacent the residential uses, no screening wall is required.
(3) Exterior portions and/or facades of buildings must use colors consisting of neutral earth tone; trim and may be a different neutral earth tone color.
(4) Exterior entrances shall consist of storefront glass, canopies and masonry articulation or similar architectural features.
(5) Any outdoor lighting within 150 feet of a one- or two-family district shall not create any ambient light that trespasses onto adjacent residential uses and shall be zero foot candles on the side adjacent to a residential property with appropriate cutoffs installed. Lighting in this area shall not exceed 20 feet in height including attached wall fixtures.
(6) No illuminated signage shall face the one- or two-family district.
(l) Exemptions and exceptions.
(1) Remodeling work that does not increase the existing floor area or the restoration of a building that has been involuntarily damaged or destroyed shall be exempt from the supplemental bufferyard and building setback requirements.
(2) When a legal use exists on property and subsequent to establishing such legal use, adjacent property or property across an alley is rezoned to a one- or two-family district, the construction of new buildings and the addition, remodeling, alteration or total restoration due to involuntary destruction of existing buildings on the property are exempt from the requirements of a bufferyard, screening fence and supplemental building setback.
(3) When a residence is converted to a nonresidential use or when an existing nonresidential use expands the building square footage and/or parking area, then the minimum required bufferyard points shall be reduced to 15 points. If a masonry wall is used to satisfy the minimum point requirements, there shall be no bufferyard width requirement.
(4) Nothing herein shall require a bufferyard to be placed on a nonresidential use site where such nonresidential use site is immediately adjacent to a waterway, railroad right-of-way, power transmission or other easement where such right-of-way or easements are at least 50 feet in width, or public street right-of-way at least 300 feet in width.
(5) Any area located within an airport operating area, defined as those areas associated with aircraft movement, shall be exempt from the supplemental bufferyard and supplemental building setback requirements.
(Ord. 13896, passed 10-12-1999; Ord. 14556, § 8, passed 3-20-2001; Ord. 14713, § 3, passed 7-17-2001; Ord. 15828, § 1, passed 1-13-2004; Ord. 16184, § 1, passed 10-19-2004; Ord. 16521, § 8, passed 7-19-2005; Ord. 17522, § 5, passed 4-24-2007; Ord. 20453-10-2012, § 2, passed 10-9-2012; Ord. 22810-08-2017, § 6, passed 8-1-2017, eff. 9-7-2017; Ord. 23587-03-2019, § 2, passed 3-5-2019)