(A) Applicability.
(1) The provisions of this section shall apply to proposed nonresidential development adjacent to a developed or site plan approved residential site.
(2) If a residential site is proposed adjacent to an existing nonresidential site, the provisions of this division shall not apply.
(B) The goal of the bufferyard is to accomplish the following:
(1) To better reinforce compatible development with adjacent residential and non- residential land uses, particularly low-density residential uses through proper land use transitions and buffering techniques;
(2) To provide more adequately for the proper site for nonresidential accessory uses such as loading, refuse storage, parking, mechanical equipment and exterior lighting that can be the cause for noise, dust, glare, and other nuisances or inconveniences in proximity to low-density residential areas;
(3) To provide unobstructed minimal space for fire access, driveways, and service roads to service nonresidential activities; and
(4) To provide unobstructed space for adequate landscaping to screen and/or soften the visual impact of nonresidential uses that adjoin residential settings.
(C) Bufferyard characteristics.
(1) Bufferyards shall be a minimum of 100 feet wide on all adjacent sides exclusive of street facings. At a minimum the first 50 feet shall be dedicated to landscaping to permit minimum space for the creation of landscape berm, mounds, and the planting of vegetation including shade trees and hedge materials.
(2) The following is permitted in bufferyards, only in areas which lie beyond the required landscaped portions of the bufferyard area:
(a) Drainage easements;
(b) Fences, walls and hedges;
(c) Parking;
(d) Service drives;
(e) Sidewalks or walkways;
(f) Television antennas, satellite dishes;
(g) Utility easements.
(D) Alternative bufferyard.
(1) The Planning and Zoning Board may approve other means of buffering including, but not limited to, a solid masonry wall, which shall be a minimum of six feet in height, for amendments, to nonresidential site plans, when one of the following apply:
(a) The previously approved bufferyard is being reduced in size; or
(b) The scope of the site plan amendment includes demolition of more than 50% of the previously approved structure on a site or plat of land regardless of ownership.
(2) All landscape areas shall be established beyond any and all required utility, drainage, or other easements that would compromise the establishment of dense landscaping without interfering with utilities.
(3) Landscaping requirements.
(a) One shade tree of a height not less than 12 feet with a three inch caliper trunk measured at a height of four and one- half feet above grade shall be planted for each 500 square feet of landscaped bufferyard. Provided, however, one-half of the required trees may be other landscaped material if it complies with the requirements of this section as determined by the Planning and Zoning Board.
(b) The final landscape design shall provide an effective visual screen between the two uses within three years of planting. Hedge materials and suitable ground cover shall be provided. Hedging shall be planted to a height not less than two feet at installation. Irrigation shall be required in all landscaped areas.
(c) Grass seeding shall be provided during the initial phases of site development to mitigate against the nuisance factors that occur during large-scale construction.
(Ord. 2021-02, adopted 3-17-21; sought to be reconsidered, Commission passed 4-21-2021)