§ 156.094  BUFFER AREA.
   (A)   A buffer area shall be required to separate and screen incompatible land uses from each other. Buffers shall be required along all boundaries of two-family, multi-family and nonresidential uses that
abut less intensive uses.
   (B)   Such buffers shall comply with the following minimum standards:
      (1)   A buffer area shall be located within the boundaries of the subject property, unless the owners of all abutting properties agree in writing to allow the buffer to encroach upon their land. Said agreement shall be recorded, as a deed attachment or separate instrument, to run with the land, and shall provide stipulations for maintenance and upkeep as deemed necessary.
      (2)   For lots larger than three-fourths (75%) of one acre in area, the minimum width, in feet, of the required buffer shall vary with the proposed use of the subject and adjacent properties, as provided below. If the adjacent property is vacant, the zoning classification shall determine the presumed adjacent use:
Minimum Width of Required Buffer (in Feet)
Proposed Use
Adjacent Use
Single-Family
Two-Family
Office
Commercial
Multi-Family
Industrial
Minimum Width of Required Buffer (in Feet)
Proposed Use
Adjacent Use
Single-Family
Two-Family
Office
Commercial
Multi-Family
Industrial
Commercial
20
15
5
5
15
5
Industrial
25
25
15
10
25
5
Multi-family
15
10
10
10
5
25
Office
10
10
5
5
10
5
Single-family
-
-
-
-
-
-
Two-family
10
-
-
-
-
-
“-” = no buffer required
 
      (3)   Exception made for buffer width on small lots: if a subject building lot is three-fourths (75%) of one acre in area or smaller, the minimum width of any required buffer shall be one-tenth (10%) of the subject lot’s average width or depth as measured from the property line that borders the adjacent use to be buffered; except that when such average lot width or depth is 50 feet or less, any required buffer shall be at least five feet in width. All required buffers regardless of lot size shall maintain the minimum density requirements of division (B)(4) below.
      (4)   The buffer area shall consist of trees and shrubs of such a type, height, spacing and arrangement as to buffer the activity on the lot effectively from the neighboring area. Required density of the plantings shall vary with the width of the buffer, narrow buffer strips require greater density than wider buffer areas. At a minimum the planting shall be configured as follows:
 
Buffer Width
Minimum Planting Density, per 100 Linear Feet
25 feet or greater
3 medium trees, 6 small trees, 12 screening plants, 10 shrubs
15 to 25 feet
3 medium trees, 6 small trees, 10 screening plants, 7 shrubs
5 to 15 feet
3 medium trees, 6 small trees, 8 screening plants, 3 shrubs
 
      (5)   A wall, fence or earthen berm of a location, height, design and material approved by the Zoning Enforcement Officer may be substituted for all or any portion of a required planting and/or buffer area. Fences and walls, if substituted, shall be constructed of materials congruous or compatible in design and appearance with the materials of the principal building. Finished siding on any such fence shall face the adjoining property. Where fences or walls are employed as substitutes for required buffers, they shall be maintained permanently in sturdy condition and attractive appearance in the estimation of the Zoning Enforcement Officer, or be subject to enforcement and abatement as a public nuisance under the town code.
(Ord. passed 9-3-1986; Ord. passed 5-6-2008)