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§ 154.082 BUFFERS AND SCREENING.
   (A)   Purpose and intent.
      (1)   The Town of Liberty encourages high quality design in developments, structures and the use of land. High quality design includes proper siting of structures and uses and proper landscaping.
      (2)   The town desires to allow developers maximum flexibility in achieving these high standards of development. However, minimum requirements for buffering or screening between certain uses and/or districts are hereby established to reduce the impact of a use of land on adjacent uses which are of a significantly different character, density or intensity.
      (3)   Buffers and screens separate different uses from each other in order to reduce adverse impacts such as dirt, litter, traffic, noise, odor, glare of lights, signs, buildings and parking areas. These regulations benefit both the developer and the adjoining landowner(s) because it allows options from which to choose in developing the property, while insuring each neighbor adequate protection regardless of the developer's choice, thereby protecting the property values of all properties involved.
      (4)   Before the issuance of certificate of occupancy, buffers and/or screening shall be installed or their installation guaranteed as per § 154.270. Buffers or screens shall be required in accord with the following.
   (B)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      BUFFER. A strip of land together with plantings required thereon. BUFFERS consist of a horizontal distance from a lot line which may only be occupied by the required landscaping materials, underground utilities, retention areas, screening materials and driveway/sidewalk access.
      SCREEN. A strip of land together with plantings and or walls or fences required thereon. Screens consist of a minimum of horizontal distance from a lot line which may only be occupied by the required screening materials, additional landscaping materials, underground utilities and driveway/sidewalk access.
   (C)   Buffer or screen required.
      (1)   To provide maximum flexibility in achieving a high standard of development both buffer and screen requirements are established.
      (2)   The developer may choose which protection method is appropriate for the proposed development or he or she may mix methods within the development.
      (3)   The matrix below indicates when established uses will be required to install a buffer or a screen. In addition the matrix establishes what category of buffer or screen will be required.
      (4)   The required buffering or screening between the proposed land use(s) and the existing adjacent land use(s) on adjoining zoning lots is set forth in the matrix below.
      (5)   Buffers or screens are not required to separate uses located across public streets, however front yard landscaping as required by § 154.086 below shall be installed adjacent to street rights-of-way.
      (6)   If the land next to the proposed development is vacant, the category required shall be determined by the existing zoning on the adjacent vacant parcel.
      (7)   If the adjacent parcel is vacant, but is zoned for a more intensive zoning district, no buffer or screen shall be required of the less intensive use.
      (8)   If the adjacent parcel(s) is located within the same zoning district, and the use is classified as a nonconforming use in that district, no buffer or screen shall be required of the proposed use.
      (9)   If the adjacent parcel is developed in a more intensive manner, no buffer or screen is required of the lesser intensive use. The relative degree of intensity shall be determined as follows:
         (a)   As used in this section, the grouping of uses and zoning uses shall be as follows.
            1.   Single-family/2-family (as used in this section) shall be the least intensive. If the zoning on any vacant parcel is R40, R12 or R6, the single/2-family category shall be used for determination of the required buffering.
            2.   Multiple-family, less than 12 units per acre, shall be the next least intensive.
            3.   Multiple-family, more than or equal to 12 units per acre, shall be the next least intensive. If the zoning on any vacant parcel is R6 the Multi-family more than 12 units per acre category shall be used for determination of the required buffering.
            4.   Group 1 shall be the next least intensive. If the zoning on any vacant parcel is RA/IF, the Group 1 shall be used for determination of the required buffering.
            5.   Group 2 shall be the next least intensive. If the zoning on any vacant parcel is B1 or B2 the Group 2 shall be used for determination of the required buffering.
         (b)   Group 3 shall be the most intensive. If the zoning on any vacant parcel is IP or I the Group 3 shall be used for determination of the required buffering.
         (c)   As used in this section, the grouping of the zoning districts shall be as follows:
            1.   If the zoning on the vacant parcel is R40, or R12, the single-family category shall be used for determination of the required buffering.
            2.   If the zoning on the vacant parcel is R6 the 2-family and multiple-family less than 12 units per acre category shall be used for determination of the required buffering.
            3.   If the zoning on the vacant parcel is RMF the 2-family and multiple-family more than 12 units per acre category shall be used for determination of the required buffering.
            4.   If the zoning on the vacant parcel is B1 or B2 the group 2 shall be used for determination of the required buffering.
            5.   If the zoning on the vacant parcel is I or IP the group 3 shall be used for determination of the required buffering.
Buffer and Screen Matrix
Abutting Use or Zoning
Single/2-Family
Multi-family
Group 1
Group 2
Group 3
Buffer and Screen Matrix
Abutting Use or Zoning
Single/2-Family
Multi-family
Group 1
Group 2
Group 3
< 12 u/a
> 12 u/a
Proposes; use
Single/2-family
-
Multi-family < 12 u/a
A
-
Multi-family > 12 u/a
C
A
-
Group 1
B
B
B
-
Group 2
C
C
C
A
-
Group 3
D
D
D
C
A
-
* Group designation for specific uses are found in the “Table of Permitted Uses” § 154.067.
 
   (D)   Requirements for buffers and screens. Once the required category of buffer or screen is determined from the matrix the following requirements shall be met.
      (1)   For the buffer method. The following descriptions list the specifications of each permitted buffer width. The requirements are a minimum standard, developers are encouraged to supplement these minimums to enhance the landscaping of the development. Buffer requirements are stated as follows:
         (a)   Minimum width;
         (b)   Minimum planting per 100 Linear Feet; and
         (c)   Type and number of plant material.
      (2)   The number of plant materials required per 100 linear feet is represented by a whole or decimal number. Both the type and number of plants is specified. All mathematical rounding shall be upwards and shall be applied to the total amount of plant material required in the buffer, not to each 100 linear feet.
      (3)   Buffer A. The requirements shall be met for Buffer A by the following:
         (a)   Fifteen foot wide strip with two canopy trees, three understory trees, and six shrubs per 100 linear feet; or
         (b)   Twenty foot or more wide strip with one canopy tree, two understory trees, and four shrubs per 100 linear feet.
      (4)   Buffer B. The requirements shall be met for Buffer B by the following:
         (a)   Twenty foot wide strip with two canopy trees, three understory trees, and ten shrubs per 100 linear feet; or
         (b)   Twenty-five foot or more wide strip with two canopy trees, two understory trees and eight shrubs per 100 linear feet.
      (5)   Buffer C. The requirements shall be met for Buffer C by the following:
         (a)   Twenty foot wide strip with two canopy trees, four understory trees and 12 shrubs per 100 linear feet; or
         (b)   Twenty-five foot or more wide strip with two canopy trees, three understory trees and ten shrubs per 100 linear feet.
      (6)   Buffer D. 
         (a)   The requirements shall be met for Buffer D by the following:
         (b)   Twenty-five foot or more wide strip with two canopy trees, four understory trees and a row of evergreen shrubs placed along the property boundary not more than five feet apart on center which would grow to form a continuous opaque hedge of at least six feet in height within two years of planting.
      (7)   Plant materials should be selected which are appropriate to soil and site conditions. It is recommended that species be selected which are resistant to heat, drought, insects and diseases and which require little maintenance. Refer to § 154.097 for listing of approved plant materials. Selected plant materials shall meet the requirements and be installed according to ANLA (American Nursery and Landscaping Association) standards. At least one ornamental flowering plant variety shall be required in each buffer for each ten feet of buffer depth. Trees and shrubs may be evergreen, deciduous or any combination thereof. Existing plant materials meeting these minimum requirements for plant type may be counted toward the total requirements of the specific plant type. The placement of required plants shall be the decision of the developer and all buffer areas shall be planted with grass, other ground cover or maintained with natural mulch or pine straw. See below for table for minimum plant sizes.
Table for Minimum Plant Sizes
Plant Material Type
Minimum Size Planting in Buffers Abutting Vacant Land*
All Other Plantings
Table for Minimum Plant Sizes
Plant Material Type
Minimum Size Planting in Buffers Abutting Vacant Land*
All Other Plantings
Canopy Tree
1 inch caliper**
1-1/2 inch caliper**
Multi-Stem Clump
5 feet height
6 feet height
Understory Tree
3 feet height
4 feet height
Evergreen Tree
2 feet height
3 feet height
Shrub
Deciduous
12 inches height
15 inches height
Evergreen
9 inches height
12 inches height
Hedge
5 feet height
6 feet height
*   Smaller plant sizes are permitted adjacent to vacant land because it is assumed that the plants will have time to mature before the abutting vacant land is developed. For this purpose agricultural land is considered vacant.
**   Caliper is a measurement of the size of a tree equal to the diameter of its trunk measured 4.5 feet above natural grade.
 
      (8)   Buffers shall be located on the outer perimeter of a lot or parcel, extending along lot lines or private street or other existing or dedicated public rights-of-way. Where rights-of-way are contiguous with property line any required buffer shall be located on the inside of rights-of-way. No landscaping shall be permitted which interferes with the sight distance required at any roadway or driveway intersection.
      (9)   A buffer shall not be used for parking, accessory buildings or any other use except where required and permitted for pedestrian or vehicular access to adjoining property. Any such access shall cross the buffer area in a direct manner, shall not run parallel with the buffer and be no more than eleven feet in width for one way traffic or pedestrians or twenty two feet in width for two way traffic.
      (10)   For the screen method. The following descriptions list the specifications of each permitted screen width. The requirements are a minimum standard, developers are encouraged to supplement these minimums to enhance the landscaping of the development.
      (11)   Screen A. The requirements shall be met for Screen A by providing a ten foot wide minimum screening yard and one of the following:
         (a)   A row of evergreen shrubs placed not more than five feet apart on center which would grow to form a continuous opaque hedge a minimum of six feet in height above finished grade; or a masonry (brick, rock, texture block) wall. The wall shall be a minimum height of six feet (above finished grade); or a solid wooden fence a minimum height of six feet (above finished grade) constructed of pressure treated wood which bears the seal of the American Wood Preservers Bureau appropriate to the use or is constructed of a wood of natural resistance such as heartwood of redwood, bald cypress (tidewater red), black walnut, black Locust or Cedar. Such evergreen plantings, walls, or fences shall be located along the interior boundary of the required screen yard; and,
         (b)   Lawn and or low-growing evergreen shrubs, evergreen ground cover or natural mulch covering the balance of the screening yard.
      (12)   Screen B. The requirements shall be met for Screen B by providing a ten foot wide minimum screening yard and the following:
         (a)   A row of evergreen shrubs placed not more than five feet apart on center which would grow to form a continuous opaque hedge a minimum of six feet in height above finished grade; or a masonry (brick, rock, texture block) wall a minimum height of six feet (above finished grade); or a solid wooden fence a minimum height of six feet (above finished grade) constructed of pressure treated wood which bears the seal of the American Wood Preservers Bureau appropriate to the use or is constructed of a wood of natural resistance such as heartwood of redwood, bald cypress (tidewater red), black walnut, black Locust or Cedar. Such evergreen plantings, walls, or fences shall be located along the interior boundary of the required screen yard; and,
         (b)   A staggered row of evergreen trees, located on the outside of the above evergreen plantings, wall or fence, which are not less than six feet in height at the time of planting and are spaced not more than 30 feet apart on center which at maturity will form an intermittent visual barrier from above the opaque screen to a minimum height of 15 feet.
      (13)   Screen C. Requirements shall be met for Screen C by providing a ten-foot wide minimum screening yard and the following:
         (a)   A row of evergreen shrubs placed not more than five feet apart on center which would grow to form a continuous opaque hedge a minimum of six feet in height above finished grade; or a masonry (brick, rock, texture block) wall a minimum height of six feet (above finished grade); or a solid wooden fence a minimum height of six feet (above finished grade) constructed of pressure treated wood which bears the seal of the American Wood Preservers Bureau appropriate to the use or is constructed of a wood of natural resistance such as heartwood of redwood, bald cypress (tidewater red), black walnut, black Locust or Cedar. Such evergreen plantings, walls, or fences shall be located along the interior boundary of the required screen yard; and
         (b)   A staggered row of evergreen trees, located on the outside of the above evergreen plantings, wall or fence, which are not less than six feet in height at the time of planting and are spaced not more than 20 feet apart on center which at maturity will form an intermittent visual barrier from above the opaque screen to a minimum height of 15 feet.
      (14)   Screen D. The requirements shall be met for Screen D by providing a 15 foot wide minimum screening yard and one of the following:
         (a)   A row of evergreen shrubs placed not more than five feet apart on center which would grow to form a continuous opaque hedge a minimum of six feet in height above finished grade; or a masonry (brick, rock, texture block) wall a minimum height of six feet (above finished grade); or a solid wooden fence a minimum height of six feet (above finished grade) constructed of pressure treated wood which bears the seal of the American Wood Preservers Bureau appropriate to the use or is constructed of a wood of natural resistance such as heartwood of redwood, bald cypress (tidewater red), black walnut, black Locust or Cedar. Such evergreen plantings, walls, or fences shall be located along the interior boundary of the required screen yard; and
         (b)   A staggered row of evergreen trees, located on the outside of the above evergreen plantings, wall or fence, which are not less than six feet in height at the time of planting and are spaced not more than 15 feet apart which at maturity will form an intermittent visual barrier from above the opaque screen to a minimum height of 20 feet.
      (15)   Plant materials should be selected which are appropriate to soil and site conditions. It is recommended that species be selected which are resistant to heat, draught, insects and diseases and which require little maintenance. Refer to § 154.097 for listing of approved plant materials. Selected plant materials shall meet the requirements and be installed according to ANLA (American Nursery and Landscape Association) standards. Existing plant materials meeting these requirements and locational requirements may be utilized towards screening requirements.
      (16)   Screens shall be located on the outer perimeter of a lot or parcel, extending along the lot or parcel boundary line and shall not be located on any portion of an existing or dedicated public or private street or other existing or dedicated public rights-of-way. Where rights-of-ways are contiguous with property lines any required buffer shall be located on the inside of the rights-of-way. No landscaping shall be permitted which interferes with the sight distance required at any roadway or driveway intersection.
      (17)   A screen shall not be used for recreation, parking, accessory buildings or any other use except where required and permitted for pedestrian or vehicular access to adjoining property. Any such access shall cross the buffer area in a direct manner, shall not run parallel with the buffer and be no more than eleven feet in width for one way traffic or pedestrians or 22 feet in width for two way traffic.
   (E)   Coordination of buffer yard or screen yard and required setback yard. Buffer or screen yards as required may be included within or combined with the required minimum setback yards as established § 154.066. When buffer or screen yards are required to be larger than setback yards, the buffer or screen yard shall serve also as the minimum setback yard. When the setback yard is larger than the required buffer or screen yard, no additional setback is required.
   (F)   Alternative buffers and screening.
      (1)   In lieu of compliance with the above buffer or screening requirements, an applicant may submit to the Planning Board for their review and approval an alternative plan with detailed specifications for landscaping, buffering and screening.
      (2)   The Planning Board may approve the alternative buffering and of screening plan upon finding that the proposal will afford a degree of buffering and or screening equivalent to or exceeding that provided by the above requirements.
      (3)   An alternative plan proposing an increase in the depth of a buffer yard may be approved and may utilize existing significant plants and trees if no reduction in the total number of required plants and trees results and they afford an equal degree of separation in terms of height and opacity.
      (4)   Otherwise, additional plantings, berms, walls or fences, or a combination thereof shall be required. A reduction in buffer yards is not permitted since the developer may choose the screen alternative which requires less yard.
      (5)   A reduction in the required screen yard may be approved, if it can demonstrated to the Planning Board that full compliance with the requirement is unpractical and creates an undue restriction on the use of the property. If an alternative screen plan is approved, it shall include screening measures which will provide an increase in the height and opacity of the screening required.
   (G)   Existing vegetation. The retention of existing vegetation shall be maximized, to the extent practicable, wherever the vegetation contributes to required buffering and or screening or to the preservation of significant trees.
   (H)   Maintenance of landscaping.
      (1)   All landscaping and screening which provides required buffering and screening shall be maintained so as to continue their effectiveness.
      (2)   Periodic inspections may be made to determine continued effectiveness of the required landscaping and screening.
      (3)   Any deficiencies shall be treated as a violation of this chapter and subject to regulations in §§ 154.278 and 154.999.
   (I)   Determination of unlisted uses.
      (1)   The Zoning Administration shall make a determination, in the cases of uses not listed in the § 154.067 or which do not have a buffer group listed of the group appropriate for those uses.
      (2)   In reading the determination, the Zoning Administrator shall be guided by the requirements for similar uses having comparable external effects.
   (J)   Buffers and screening of existing uses. Uses already existing at the time of the passage of this chapter, or subsequent amendments thereto, shall comply with the following requirements:
      (1)   Existing uses shall not be considered nonconforming due to noncompliance with the buffering and screening requirements. The uses will not be required to implement buffering and screening unless physical alteration resulting in an increase of floor area of existing structures or the erection of new structures or the expansion of open uses of land occurs; and
      (2)   If physical alteration resulting in an increase of floor area of existing structures or the erection of new structures or the expansion of open uses of land occurs, buffering and screening shall be required as following.
         (a)   If the combined total of all expansions is 50% or less of the existing building footprint or land available for open uses as of January 22,1996 a screen meeting screen Category A shall be required. A screen shall be provided on a 1.5 to 1 ratio of the linear length of the building parallel to lot line which requires buffering and screening. The location of the required screening shall be determined by the Zoning Administrator. The location shall be based on site evaluations to determine the best protection to adjoining properties.
         (b)   If the combined total of all expansions is greater than 50% of the existing building footprint or land available for open uses as of January 22, 1996 buffers or screening shall be provided according to the requirements for new uses. In those cases, the use of provisions in Section (F) above may be considered.
(1981 Code, § 503) (Ord. passed 6-28-2004; Am. Ord. passed - - )
§ 154.083 SCREENING OF OPEN STORAGE.
   All new open storage areas and expansions of existing open storage areas shall be screened from view of any street, and from all residentially zoned land as follows:
   (A)   Screening shall consist of solid masonry walls or solid wooden fences at least 6 feet in height (constructed of materials and finishes as permitted in § 154.082(D)(2)(a)), or an opaque chain link fence at least 6 feet in height. Access from the street shall only be permitted through solid gates which shall be closed except when in use. Screening shall run at least 100 feet back from the street property line or to the rear property line if the property is less than 100 feet deep.
   (B)   In lieu of compliance with the above screening methods, an applicant may submit to the Planning Board for their review and approval a detailed plan and specifications for landscaping and screening. The Planning Board may approve the alternative screening, in writing, upon finding that the proposal will afford a degree of screening, in terms of height, opacity and separation, equivalent to or exceeding that provided by the above methods.
   (C)   Prior to the issuance of certificate of occupancy, screening of open storage shall be installed or its installation guaranteed as per § 154.270 below.
(1981 Code, § 504) (Ord. passed 6-28-2004)
§ 154.084 SCREENING OF MECHANICAL EQUIPMENT.
   (A)   All new non-residential uses and expansions of existing structures shall screen from view from public places and neighboring properties all mechanical equipment, such as but not limited to, air conditioners, or pumps, through the use of features such as berms, fences, false facades or dense landscaping.
   (B)   Prior to the issuance of certificate of occupancy, screening of mechanical equipment shall be installed or its installation guaranteed as per § 154.270.
   (C)   Notwithstanding front yard and perimeter buffering and screening requirements prescribed for solar farm(s), §§ 154.098 and 154.240, mechanical equipment that depends on unobstructed access of sources of wind and solar power for alternative energy generation (i.e. solar collectors, wind turbines) is exempt from mechanical equipment screening. Mechanical equipment that is ancillary to such devices (such as pumps, storage tanks, batteries, compressors, etc.) shall be screened as required by this section.
(1981 Code, § 505) (Ord. passed 6-28-2004; Am. Ord. passed 7-6-2015)
§ 154.085 CENTRAL SOLID WASTE STORAGE AREA.
   (A)   All new buildings and uses including mobile home parks, but excluding single-family and 2-family dwellings, shall provide facilities for the central storage of solid waste within the lot.
   (B)   Where these facilities are provided outside of a building, they shall be screened from the view of public rights-of-way and adjacent property by an enclosure constructed of materials compatible with the materials on the front building wall of the main building.
   (C)   The screening shall begin at ground level with no open space between the ground and the bottom of the screening material(s). Prior to the issuance of certificate of occupancy, screening of solid waste storage areas shall be installed or its installation guaranteed as per § 154.270.
   (D)   Nothing in this chapter shall be construed to prevent the joint use of central solid waste storage (dumpsters) for 2 or more structures.
   (E)   An agreement for a joint use, in the form of a reciprocal easement acceptable to the office of the Town Manager shall be filed with the Zoning Administrator and recorded with the Register of Deeds for Randolph County.
(1981 Code, § 506) (Ord. passed 6-28-2004)
§ 154.086 PARKING RESTRICTED WITHIN REQUIRED FRONT YARDS.
   (A)   Except for single-family and duplex structures no parking shall be permitted within the first 10 feet of required front yard of any zoning lot.
   (B)   The required yard shall be occupied only by underground utilities, retention areas, landscaping materials, signs (where permitted) and driveway access.
   (C)   There shall be planted and maintained 1 tree, which is not less than 6 feet in height at the time of planting, for each 20 linear feet of street frontage or portion thereof.
   (D)   At least 1 tree shall be of a flowering type. The balance of the first 10 feet of the required front yard shall be covered with lawn, low-growing evergreen shrubs not over 4 feet in height, evergreen ground cover, or mulch.
   (E)   All required plantings and any other landscaping shall be so arranged that it does not impair visibility when exiting the lot into a public street.
   (F)   Plant materials should be selected which are appropriate to soil and site conditions. It is recommended that species which are resistant to heat, draught, insects and diseases and which require little maintenance.
   (G)   Refer to § 154.097 below for listing of approved plant materials. Prior to the issuance of certificate of occupancy, screening of required front yards shall be installed or its installation guaranteed as per § 154.270.
   (H)   Existing significant trees, over 6 feet in height, or planted trees, which are not less than 6 feet in height at the time of planting, that are located within the required front yard of any zoning lot shall be permitted to count towards the total number of trees as required above on a 1 to 1 basis.
   (I)   Existing uses which on the date of adoption of this chapter are using the first 10 feet of their lot for parking shall not be considered non conforming for the purposes of this section and §§ 154.250 through 154.254.
   (J)   In multifamily projects of less than 45,000 square feet lot area, parking may not be permitted within any of the required front setback area as indicated in§ 154.066 above. The area shall be considered open space.
(1981 Code, § 507) (Ord. passed 6-28-2004)
§ 154.087 VEHICLE TOWING OPERATIONS.
   (A)   Vehicle towing operations, where permitted, are allowed to park, store and maintain a towed vehicle while awaiting proper disposition of the vehicle.
   (B)   Parking, storage and maintaining shall be located within a fenced and screened area. The fenced area shall observe a setback of 25 feet from any residential zoned property.
   (C)   Screening shall be in accordance with the requirements in § 154.083 above. At no time shall more than 20 vehicles be permitted within the area and the areas shall not be used for dismantling of vehicles or the sale of parts therefrom.
(1981 Code, § 508) (Ord. passed 6-28-2004)
§ 154.088 CONSTRUCTION TRAILERS AND TEMPORARY OFFICES.
   (A)   (1)   A licensed contractor, engaged upon a construction project for which a building permit has been issued, may temporarily use a construction trailer for office facilities in the location where the work is being done; provided the construction trailer shall not be placed upon the streets but upon the property on which the building permit authorizes the construction.
      (2)   The construction trailer shall be removed within 30 days after completion of the work for which the permit has been issued.
   (B)   (1)   A zoning compliance permit may be issued by the Zoning Administrator for a 1-year period for the use of a modular office (of a type approved by the Building Inspection Department), as a temporary office while business properties are being remodeled, provided that it is placed upon the property for which there is a building permit issued for the remodeling.
      (2)   The permit shall be for a period of 1 year or until the remodeling is completed, whichever is the shorter period. The permit may not be renewed after the expiration of the 1-year period.
(1981 Code, § 509) (Ord. passed 6-28-2004)
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