10.790 Bufferyards.
(1) Purpose. Bufferyards are utilized in order to minimize potential conflicts caused by in types and intensity of uses on adjacent properties. Factors to be mitigated include nuisances, such as visual impacts of buildings or parking areas, glare, views from upper story windows, dirt, litter, noise and signs.
(2) Location. Bufferyards shall be located along property lines which define the boundary between one zoning district and another, or along the boundary between a zoning district and a General Land Use Plan Map (GLUP) designation where there is not yet city zoning. The specific location of the bufferyard, relative to the property line, is governed by Subsections 3-5. Bufferyards are not required along any portion of a public right-of-way or private street.
(3) Determination of Bufferyard Requirements.
(a) To determine the type of bufferyard required between two adjacent lots, the following procedure shall be followed:
(i) Identify the zoning district within which the subject lot with its proposed use is located.
(ii) Identify the zoning district(s) or, absent city zoning, the GLUP designation(s) within which the abutting lot(s) are located.
(iii) Determine the bufferyard required along each boundary, or segment thereof, of the subject lot by referring to Subsection D, Tables of Bufferyard Standards, which specify the bufferyard types required between zones or GLUP designations.
(iv) A standard bufferyard shall be provided in addition to any agricultural buffering required by Section 10.801.
(b) Responsibility for bufferyard installation. In the case of two abutting vacant lots, the first lot to develop shall provide the buffer required by Subsection 4, Tables of Bufferyard Standards. The second use to develop shall, at the time it develops, provide all additional material/land necessary to provide the total bufferyard required of Subsection 4, Tables of Bufferyard Standards.
(4) Tables of Bufferyard Standards. The letter designations contained in these tables refer to the bufferyard standards contained in Subsection 5, Bufferyard Standards.
Subject Site Zoning | Zoning on Abutting Land | ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
Vac | SFR | MFR | CS/P | C-N | C-C | C-R | C-H | I-L | I-G | I-H | |
SFR | – | – | – | – | – | – | – | – | – | – | – |
MFR | 1 | A | – | – | – | – | – | – | – | – | – |
CS/P | 1 | A | A | – | – | – | – | – | – | – | – |
C-N | 1 | A | A | – | – | – | – | – | – | – | – |
C-C | 1 | A | A | – | – | – | – | – | – | – | – |
C-R | 1 | A | A | A | – | – | – | – | – | – | – |
C-H | 1 | A | A | A | – | – | – | – | – | – | – |
I-L | 1 | A | A | A | A | – | – | – | – | – | – |
I-G | 2 | B | B | B | B | A | A | A | A | – | – |
I-H | 2 | B | B | B | B | A | A | A | A | – | – |
Subject Site Zoning | GLUP Designation on Abutting Land | |||||
|---|---|---|---|---|---|---|
UR | UH | SC | C | GI | HI | |
SFR | – | – | – | – | – | – |
MFR | A | – | – | – | – | – |
CS/P | A | A | – | – | – | – |
C-N | A | A | – | – | – | – |
C-C | A | A | – | – | – | – |
C-R | A | A | A | – | – | – |
C-H | A | A | A | – | – | – |
I-L | A | A | A | A | – | – |
I-G | 3 | 3 | A | A | – | – |
I-H | 3 | 3 | 3 | A | – | – |
1 A type-A bufferyard shall be provided at the time of development of the site.
2 Where the bufferyard will be a type A, based on the current zoning, the entire bufferyard shall be installed. Where the bufferyard will be a type B, based on the current zoning, only the 8-foot wall of the bufferyard shall be installed.
3 Only the 8-foot wall of the type-B bufferyard shall be installed.
- Signifies no buffering requirement.
[Amd. Sec. 10, Ord. No. 7776, Dec. 1, 1994; Amd. Sec. 11, Ord. No. 2014-161, Dec. 22, 2014.]
(5) Bufferyard Standards.
(a) This Subsection provides the width of the bufferyard, type of wall required, and the required planting scheme to provide effective screening between adjacent properties having dissimilar land use. For an administratively approved bufferyard, the Standard Planting Scheme as required by 10.790(5)(a)(i) shall be used unless the applicant wishes to submit a Site Plan and Architectural Review application to have the approving authority consider modifying the requirement.
(i) Planting Scheme: In addition to compliance with other landscaping provisions in this chapter, bufferyards shall include a variety of plant sizes and shapes and provide effective visual screening between the adjacent properties having dissimilar land uses. The bufferyard shall be planted with trees and shrubs of the appropriate size, shape and spacing to provide a continuous canopy between the top of the wall and a height of 20 feet within ten (10) years. A minimum of 60 percent of the trees used to provide visual screening shall be non-deciduous species. The planting plan shall take into account the nature of the impacts specific to the two sites, particularly building height and locations of windows and lighting.
Type | Width | Wall |
|---|---|---|
A | 10 feet | Six (6) foot concrete or masonry wall. |
B | 20 feet | Eight (8) foot concrete or masonry wall |
(b) The wall shall typically be placed on the property line between the two uses; however, the approving authority may authorize its location anywhere within the bufferyard. Walls shall be constructed of a material and design that is sight-obstructing, compatible with adjacent uses, and accepted by the approving authority.
(c) Any part of the bufferyard may be located on the adjoining property provided it is planted with a proportionate share of the required plants and, for any part located outside of the standard setback, a perpetual bufferyard easement is recorded by the property owner. The easement shall allow for the installation and perpetual maintenance of the bufferyard and restrict use of the area to only the bufferyard.
(d) Encroachments into bufferyards: The bufferyard is intended to provide a minimum amount of space for the required plants to grow and for aesthetic separation between uses. Therefore, this area shall be reserved exclusively for such use. Encroachment of driveways, parking and maneuvering areas, sidewalks, patios, or structures (other than the required fence or wall) are prohibited in the bufferyard area.
(e) Bufferyard credits: Existing plant materials within the bufferyard area may be counted toward the bufferyard requirement.
(f) Adjustments to bufferyards: The approving authority shall have the discretion to make adjustments to the bufferyard requirements if an unusual circumstance exists and a finding is made that adequate buffering will be provided to avoid significant adverse impacts to the livability or value of the adjoining properties. Adjustments shall not be made simply for the convenience of site design. Adjustments to the bufferyard requirements may include, but are not limited to, the following:
(i) Where a building wall with no openings below eight (8) feet abuts the bufferyard, the building wall may be counted in place of a required wall or fence.
(ii) Where there is existing development on the site, such as paving or a building, which affects or precludes implementation of the bufferyard standard.
(iii) Where a proposed project abuts existing development, and the adjacent uses are the same (i.e., apartment parking lot adjacent to commercial parking lot) or are sufficiently compatible that the full buffering, otherwise required, is not necessary and the uses are not expected to change significantly over time.
(iv) Where a project abuts an irrigation canal, natural waterway, railroad right-of-way, or other such element.
(6) Ownership of Bufferyards. Bufferyards shall remain in the ownership of the original developer (successors and assigns) of the lot on which the buffer is located.