(a) A buffer space shall be required for all of the following:
(1) All new and/or expansions of existing non-residential buildings that abut residential property (zoned or used);
(2) All new and/or expansions of existing multiple dwelling buildings that abut a one-family or two-family residential property (zoned or used);
(3) All new and/or expansions of existing non-residential parking areas that abut a residential property (zoned or used); and
(4) All new and/or expansions of existing multiple dwelling parking areas that abut a one-family or two-family residential property (zoned or used).
(b) The buffer space shall consist of a landscaped buffer ten (10) feet wide and planted with five (5) medium to large trees and ten (10) to fifteen (15) shrubs per 100 linear feet of transitional yard between the new/expanded non-residential and residential uses or new/expanded multiple dwelling and single or two-family uses. At the discretion of the Town’s Building Inspector, the buffer space may also be required to contain additional trees, shrubs, fencing, walls, berms and/or such other landscape materials that the Building Inspector deems necessary to mitigate negative impacts of the more intense use on the less intense use.
(c) The buffer space shall apply to the side and rear lot lines of the more intense use property and may supersede the minimum setback requirement for the district.
(d) The buffer space shall be constructed/installed on the property with the more intense use.
(e) The owner of the more intense use property shall be responsible for constructing/installing the buffer space at the time of site development and the buffer space plan must be approved by the Town’s Building Inspector prior to the commencement of any construction on the property.
(f) Subsequent to construction/installation of the buffer space, the owner of the property shall be responsible for maintaining the buffer space in a good, safe and sightly manner and to promptly make any repairs, alterations or improvements to the buffer space as may be required by the Town’s Building Inspector.
(g) As used in this Ordinance, the terms “abut” and “abutting” shall mean: having a common border with, or being separated from such a common border only by a right-of-way, alley, street or easement.
(Passed 1-25-11.)
CODIFIED ORDINANCES OF STAR CITY