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SEC. 9-4-119 BUFFERYARD SETBACK TABLE.
   (A)   Bufferyards A and B.
      (1)   Lot size less than 25,000 square feet: Four feet.
      (2)   Lot size 25,000 square feet to 175,000 square feet: Six feet.
      (3)   Lot size over 175,000 square feet: Ten feet.
   (B)   Bufferyard C.
      (1)   All lots: Ten feet.
      (2)   Where a fence or evergreen hedge option is used the bufferyard setback may be reduced to: Not less than eight feet.
   (C)   Bufferyard D.
      (1)   All lots: 20 feet.
      (2)   Where a fence, evergreen hedge or berm option is used the bufferyard setback may be reduced to: Not less than ten feet.
   (D)   Bufferyard E.
      (1)   All lots: 30 feet.
      (2)   Where a fence, evergreen hedge or berm option is used the bufferyard setback may be reduced to: Not less than 15 feet.
   (E)   Bufferyard F.
      (1)   All lots: 50 feet.
      (2)   Where a fence, evergreen hedge or berm option is used the bufferyard setback may be reduced to: Not less than 25 feet.
   (F)   Fences option. Must create a complete visual barrier for at least six feet in height. Acceptable materials are cedar, masonry, redwood, chain link with slats and treated lumber resistant to rot. Fence installation should be consistent with acceptable building practices.
   (G)   Evergreen hedge option. In lieu of fence installation as required or optioned the owner may elect to install an evergreen hedge to satisfy the bufferyard width reduction standards under Bufferyards C, D, E and F in accordance with the following:
      (1)   The evergreen hedge vegetation material shall be in addition to any vegetation requirement applicable to the site pursuant to Article P of this chapter.
      (2)   The hedge shall consist of qualified materials designed to create a complete year- round visual barrier to a height of six feet within 12 months of planting.
      (3)   Vegetation material types and installation shall be in accordance with Article P of this chapter.
   (H)   Existing fencing. Where there is an existing fence of acceptable material located on adjacent property which creates a complete visual barrier of at least five feet in height and the fence is located adjacent to and along the abutting property line, as determined by the Director of Planning and Development Services, the developer may elect to reduce the bufferyard width for Bufferyards C, D and E in accordance with subsections (B), (C) and (D) above.
   (I)   Berm option. In lieu of fence installation as required or optioned the owner may elect to install a berm to satisfy the bufferyard width reduction standards under Bufferyards D, E and F in accordance with the following:
      (1)   Minimum height: Six feet as measured vertically from the inside bufferyard setback line to a point parallel to the top of the berm crown.
      (2)   Maximum slope: One and one-half feet horizontal for each one foot vertical; provided however, berms having a slope greater than two feet horizontal for each one foot vertical shall be constructed in multiple terraces which are bound by retaining structures specifically designed for that purpose.
      (3)   Minimum crown width: Two feet; provided, however, if a berm is shared between adjoining properties the portion of the crown located on any lot shall not be less than one foot.
      (4)   Where qualified vegetation materials are planted on a berm slope, a terraced planting area designed in accordance with acceptable and recognized practice shall be provided.
      (5)   A berm may be shared between adjoining properties provided the properties individually comply with all requirements.
      (6)   Berm slopes shall be stabilized to prevent erosion.
      (7)   Berms shall be installed in accordance with acceptable and recognized engineering practice. No berm shall be installed and/or altered without the approval of the City Engineer.
   (J)   Where a bufferyard width is reduced pursuant to the fence, evergreen hedge, or berm option all required visual barriers shall be continued to the property line or not less than 20 feet beyond any encroachment, whichever is less.
   (K)   (1)   Except as further provided, minimum non-screening Bufferyard B setbacks set forth under this section 9-4-119, and/or minimum street right-of-way building setbacks for residential and nonresidential uses may be reduced by up to 10%, at the option of the owner, where the reduction is necessary to retain an existing ten-inch-plus caliper large tree, provided:
         (a)   The tree is determined, by the Director of Planning and Development Services or his or her designated representative, to be either natural growth (seedling) vegetation or that the tree has been in existence for not less than 20 years at the current location, otherwise previously transplanted trees shall not qualify for purposes of this section;
         (b)   The reduction is indicated upon an approved site plan; including the location, type and caliper of the subject tree, and the building separation and future no-build zone as further described;
         (c)   A building to tree trunk separation of not less than ten feet is maintained at the time of initial construction;
         (d)   No new future buildings, expansions or additions to existing buildings, or other impervious areas including parking areas and/or drives, shall be allowed to encroach into a designated future no-build zone, described as a ten-foot radius from the center of the trunk of the retained tree; and
         (e)   A six-inch or greater caliper large tree shall be substituted in replacement of any dead or diseased tree qualified under this requirement, at the location of the removed tree, within 60 days of removal of the tree by the owner or within the period following notice by the city.
      (2)   The setback reduction allowance shall not apply to single-family and two-family attached (duplex) development or associated accessory structures.
(Ord. No. 95-111, § 1, passed 11-9-1995; Ord. No. 05-123, § 4, passed 10-13-2005; Ord. No. 06-75, § 1, passed 8-10-2006; Ord. No. 19-045, § 1, passed 9-12-2019)