§ 153.260 BUFFERS.
   (A)   It shall be recognized that the transition from one district to another district of contrasting and conflicting uses is across a line in theory, not in existence. Therefore, it shall be the intent of this chapter to require the actual provision of a physical barrier so as to reduce possible harmful or detrimental influence one zoning district use may have to an abutting and contrasting or conflicting zoning district use.
   (B)   Conditions requiring a buffer:
      (1)   Any lot in any residential or industrial district platted after the effective date of this chapter, having both its front and rear lot lines abutting a public thoroughfare, shall require a 30-foot buffer along and measured from the rear lot line. Lot depth should be increased appropriately to provide equivalent usable open space.
      (2)   Buffer zones will be required where residential adjoins industrial, commercial, or business uses.
   (C)   Buffer requirements:
      (1)   A permanent earthen berm shall be provided were a buffer is required. Such berm shall be the minimum height as provided below. In no case shall a berm slope exceed 3:1.
      (2)   Buffing will be 50 feet in width and 6 feet in height with 10 foot planting. Berms should be of natural design, with undulating heights and variety of landscape material.
      (3)   Minimum buffer planting size shall be as follows:
         (a)   Deciduous overstory - 21/4 inches.
         (b)   Evergreen - 6 feet in height.
         (c)   Ornamental - 13/4 inches.
      (4)   In addition to the required permanent landscape buffer, the City Council may require a fence to provide additional screening.
      (5)   Required yards shall be measured from the lot lines. Buffer yards may be included in yards required by this chapter. No building, parking, or structures shall be permitted within any buffer, unless authorized by the City Council.
      (6)   In a residential subdivision, the developer of the subdivision shall be required to install the buffer improvements as required by this chapter. The owner of the property on which the buffer is located shall maintain the buffer in perpetuity.
      (7)   In a situation where landscape requirements other than buffer requirements are required, those buffer requirements shall be in addition to all other requirements.
      (8)   The need to establish a buffer as an easement shall be reviewed and identified during the development review process. Easements shall generally be required between different zoning districts and for buffering requirements of residential districts.
      (9)   For single-family residential subdivisions, the landscape buffer shall be submitted for review and approval as public improvements, at the same time as the preliminary plat. For any type of development that requires a site plan review, the buffer plans shall be submitted as a part of the site plan submittal.
   (D)   The City Council may reduce the required buffer under the following conditions:
      (1)   Where the boundary line abuts permanent natural features which function as a buffer, including, but not limited to ponds, severe grades, or mature woodlands. The City Council may reduce the requirement in proportions that the natural features fulfill the requirement.
      (2)   In those areas where the property abuts undeveloped property that is shown on the comprehensive plan as the same or a more intensive use.
      (3)   The abutting property has provided a portion or the entire required buffer.
      (4)   On lots that have been platted or zoned prior to the adoption date of this chapter that can present evidence that the required buffer would render the property unbuildable, the Council may permit the construction of a substantial fence, as defined herein, not less than six feet in height. Landscaping provisions to soften the visual appearance of the fence shall be required.
      (5)   In those areas that abut a public park, the buffer area for that portion of the boundary may be reduced.
(Ord. 02-11, passed 5-13-03)