§ 153.182 BUFFERS.

   (A)   Intent. The purpose of a buffer is to help provide transition between different types of land uses, to protect significant water bodies, and to break up and soften the appearance of paved surfaces and provide shade in parking areas. Notwithstanding any other requirements of this section, buffers shall be required as follows.

   (B)   Applicability. Buffers shall be required where applicable whenever new development is approved or an existing use is expanded by more than 25%.

   (C)   Modification of buffer requirements. The requirements of this section may be further modified by other applicable sections of this zoning ordinance, including, but not limited to, those provided in §§ 153.088 et seq. - Conditional Uses and §§ 153.136 et seq. - Special Exceptions. Where requirements differ, the more restrictive requirement shall apply.

   (D)   Location. Buffers shall not be located on any portion of an existing street or right-of-way; however, they may occupy part or all of any required front, side or rear yard setback. Property buffers shall be located on the outer perimeter of a lot or parcel, extending to the lot or parcel boundary line.

   (E)   Use of buffers. A buffer may be used for passive recreation. All other uses are prohibited, including off-street parking. However, where permitted, freestanding signs may be installed in required buffers. Otherwise, only landscaping and approved fences, berms and walls shall be permitted within a required buffer area.

   (F)   Existing vegetation. Except when necessary to provide access to a site or to ensure the safety and security of people and property, every reasonable effort shall be made to protect and retain existing trees and shrubs within areas of required buffers not actually lying in planned roadways, drainage ways, building foundation sites and construction activity areas on all development sites and on sites where a nonresidential use is expanded by more than 25%.

   (G)   Exceptions to buffer requirements.

      (1)   Where the location of existing permanent buildings on an existing site reduces the area available for a buffer, buffer requirements shall be met to the maximum extent practicable.

      (2)   In the event that unusual topography or elevation of a development site, the size of the parcel to be developed, the soil or sub-surface condition of the site would make strict adherence to the requirements of this section serve no meaningful purpose, the Zoning Administrator may alter the requirements of this section as long as the existing features of the development site comply with the spirit and intent herein. Such alteration may occur only at the request of the property owner who shall provide adequate explanation and evidence that such conditions apply.

      (3)    When an activity is located on a parcel which is separated from surrounding protected property by existing road or railroad rights-of-way, by utility rights-of-way, or by water bodies, then the buffering restrictions applicable to that activity shall be measured across such separation from the protected property lines.

   (H)   Property buffers.

      (1)   Property buffers shall be required along all applicable property boundaries for new development sites, redevelopment sites, and whenever an existing commercial or industrial use is expanded by more than 25%. Buffers for expansions of existing commercial or industrial uses shall only be required for the expanded area and/or structure.

      (2)    The property buffer width shall be established for applicable new or expanded development as follows:

REQUIRED BUFFER WIDTH
Proposed Use	Existing Use
	Residential, Single- Family*	Residential, Duplex*	Residential, Multi-Family*	Manufactured Home Park
Residential, Single-family Detached	0 feet	0 feet	0 feet	0 feet
Residential, Duplex	0 feet	0 feet	0 feet	0 feet
Residential, Single-family Attached	25 feet	25 feet	25 feet	25 feet
Residential, Zero Lot Line	25 feet	25 feet	25 feet	25 feet
Residential, Multi-Family	50 feet	50 feet	50 feet	50 feet
Manufactured Home Park	50 feet	50 feet	50 feet	50 feet
Commercial	50 feet	50 feet	30 feet	30 feet
Industrial	50 feet	50 feet	50 feet	50 feet
* Existing residential properties and residentially zoned properties

 

   (I)   Road buffers. 

      (1)   Road buffers shall be required for properties along all road corridors identified in the Corridor Protection Overlay District for all new industrial and commercial uses, all industrial and commercial uses expanded by more than 25%, and all large subdivisions (10 or more lots).

      (2)   Road buffers shall be no less than 6 feet in width at any point and average 8 feet in width, as measured perpendicularly to the road being buffered, along the entire length of the property.

   (J)   Stream and wetland buffers. Land-disturbing activities for construction in, on, or under a lake or natural watercourse shall be planned and conducted to minimize the extent and duration of disturbance of the stream channel or lake bed. Where relocation of a stream is an essential part of the proposed activity, the relocation shall be planned and executed to minimize changes in the stream flow characteristics, except where the developer or landowner demonstrates that the significant alteration of the flow characteristics is justified.

      (1)   An undisturbed, natural buffer shall be maintained along each perennial stream within the county's jurisdiction. The minimum buffer width shall be 50 feet from each side of the stream as measured from the top of the bank.

      (2)   No land-disturbing activities shall take place within a stream buffer or delineated wetland area, except for required streets and associated facilities, utility mains and easements, and/or greenways and pedestrian paths. Roads and golf courses may cross a buffer, provided they do not cross at an angle of less than 60 degrees.

      (3)   Streams, wetlands, and required buffers shall be shown on all site plans and subdivision plats for approval and recording.

(Ord. 06-11-16, passed 9-21-2016)