(A) A minimum of a 100 foot vegetative buffer (50 feet on each side) is required for development activities along all perennial waters indicated on the most recent versions of U.S. Geologic Survey (USGS) 1:24,000 (7.5 minute) scale topographic maps or as determined by local government resources. Desirable artificial stream bank or shoreline stabilization is permitted.
(B) No new development is allowed in the buffer except for water dependent structures and public projects such as road crossings and greenways where no practical alternative exists. These activities should minimize built-upon surface area, direct runoff away from the surface waters and maximize the use of stormwater best management practices (BMP's).
(C) New or expanding uses and other uses subject to this provision must provide a vegetative buffer along the property boundary that separates the proposed or expanding non-residential use and the existing residential use as a means to lessen the impact of non-residential use on the residential use. The buffer shall be a compact evergreen hedge or other type of evergreen foliage to be determined as adequate in width to screen the use, which shall reach the height of at least 8 feet within 3 years, or shall be a combined fence and shrubbery screen, with the shrubbery facing the residential use. It shall be maintained at a minimum of 8 feet in height thereafter. The fence shall be at least 8 feet, must be opaque, and made of materials normally accepted in the fencing industry. Earth-berms, other topographical features and existing wooded areas may be accepted in lieu of the above requirements, if they conceal the use from public view.
(D) Buffer strips.
(1) Whenever a buffer strip is required by this chapter, such strip shall meet the specifications of this section, unless other specifications are given in the section where the buffer strip is required.
(2) Buffer strips shall be required whenever an industrial, commercial, or any other nonresidential use is established adjacent to a different zone. Buffer strips shall be required on 3 sides (rear and side lot lines) of lot, unless a corner lot, then buffer is not required on any side lot line adjacent to a street right-of-way lot line. The front of the lot, except for ingress/egress, shall have 10 feet of landscaping, vegetative or natural that would not pose a hazard for vehicular traffic, but creates a natural looking front (if opaque or semi-opaque screening is used then this can be used in place of the 10 feet of landscaping). Refer to the example:
(3) Buffer strips shall become part of the lot(s) on which they are located, or in the case of commonly-owned land, shall belong to the homeowners or property owners association.
(4) Buffer strips shall be maintained for the life of the development. Maintenance shall be the responsibility of the property owner, or, if rented, the lessee.
(5) If a natural screen is already in place which will adequately fulfill the purpose of the buffer strip, the Zoning Administrator may, in writing, allow a substitution of all or part of this screen for the buffer strip. Written permission of the Zoning Administrator shall be obtained before removing an existing natural buffer in the location of the required buffer strip. If the natural screen is removed, then the buffer screen must comply with the buffer strip requirement.
(6) Where a planting screen cannot be expected to thrive because of intense shade or soil conditions, or where lot size will not allow a planted buffer, the Zoning Administrator may, in writing, allow the substitution of a well-maintained wood, masonry wall, or chain link fence with slats at least 8 feet in height in place of the planted screen.
(7) When such permission is granted in division (D)(6) above, the buffer strip may be used for driveway and parking so long as such use does not interfere with the 8 foot wall or fence, and no permanent building or structure is allowed to encroach on the buffer.
(E) Note for residential development adjacent to commercial/industrial development.
(1) Residential development shall, when feasible, incorporate a natural area as an undisturbed buffer (to be maintained in a natural vegetative condition, i.e. undisturbed trees, hedges, etc.) in order to provide a separation between residential development and commercial/industrial development.
(a) This buffer shall be a minimum of 15 feet surrounding the perimeter of any new development adjacent to other properties that are not within the new development (not inclusive of easements).
(b) This buffer shall be located within the established minimum setbacks as outlined in this chapter for the appropriate zoning category (not as an addition).
(c) If no open area exists prior to development, the developer shall not be required to plant a buffer as outlined in this division (E).
(d) Buffers and natural greenspace that may be included within to meet the requirements of this sub-section shall be included with the established homeowners association (HOA) for a subdivision and shall be maintained shall be maintained by the HOA.
(Ord. 39, passed 10-3-2011)