§ 20-1176. Intent, scope and compliance.

(a)

The intent of this ordinance is to improve the appearance of vehicular use areas and property abutting public rights-of-way; to require buffering between noncompatible land uses; and to protect, preserve and promote the aesthetic appeal, character and value of the surrounding neighborhoods; to promote public health and safety through the reduction of noise pollution, air pollution, visual pollution and glare.

(b)

Except for buffer yard requirements specified in subsection 20-1176(f) below, this ordinance does not apply to single-family developments in A1, A2, RR, RSF, and R4 zoning districts which are regulated by landscaping requirements contained in the subdivision ordinance (chapter 18).

(c)

No new site development, building, structure or vehicular use area is allowed, unless landscaping is provided as required in this ordinance.

(d)

No property lines shall be altered nor shall any building, structure or vehicular use area be expanded, unless the minimum landscaping required by the provisions of this ordinance is provided for the entire property.

(e)

The landscaping standards shall provide for screening for visual impacts associated with a given use, including but not limited to:

(1)

Truck loading areas;

(2)

Trash storage;

(3)

Parking lots, interior lot areas and perimeters;

(4)

Large unadorned building massing;

(5)

Garage doors associated with auto oriented uses; and

(6)

Vehicular stacking areas for drive through uses.

(f)

Buffering shall be provided between high intensity and low intensity uses, between a site and major streets and highways, and in areas where buffering is required by the comprehensive plan. Such buffering shall be located within a required buffer yard. The buffer yard is a unit of yard together with the planting required thereon. The amount of land and the type and amount of planting specified for each buffer yard required by this subsection are designed to ameliorate nuisances between adjacent land uses or between a land use and a public road. The planting units required of buffer yards have been calculated to ensure that they do, in fact, function to "buffer."

(1)

Buffer yards shall be located on the outer perimeter of a lot or parcel extending to the lot or parcel boundary line, except where easements, covenants or natural features may require the buffer yard to be set back from the property line. Subject to review and approval by the city engineering department, buffer yards that are compatible with the typical city boulevard planting requirements may be located within a portion of an existing municipal public collector or arterial right-of-way.

(2)

To determine the buffer yard required between two adjacent parcels or between a parcel and a street, the following procedure shall be followed:

a.

Identify the proposed land use of the parcel and the land use of the adjacent parcel or functional classification of abutting right-of-way based on the city future land use plan.

b.

Determine the buffer yard required on each boundary, or segment thereof, of the property by referring to the following table of buffer yard requirements and illustrations set at the end of subsection (2), which specify the buffer yard required between adjacent uses and streets.

c.

Buffer yard requirements are stated in terms of the width of the buffer yard and the number of plant units required per 100 linear feet of buffer yard. Each illustration depicts the minimum buffer yard required between two uses or adjacent to a collector or arterial right-of-way. The project developer shall be responsible for providing 75 percent of the required plantings. If abutting property owner(s) desire to bring the buffering to 100 percent of the required buffer yard plantings, then the adjacent property owner(s) may install the remaining 25 percent of the required plantings on their own property. When the parcel abuts public property, such as roads or parks, the developer shall be responsible for 100 percent of the required plantings.

d.

Whenever a wall, fence, or berm is required within a buffer yard, these are shown as "structure required" in the buffer yard illustrations. The erection and maintenance of all required structures shall be the responsibility of the buffer yard provider (project developer). Maintenance of the structure shall be the responsibility of the landowner on whose property the structure is located.

e.

All buffer yards shall be maintained free from all forms of development or storage of equipment or materials. A ground cover of vegetative or organic material shall be provided. Buffer yards shall be maintained free from junk and debris. Dead or diseased vegetation shall be removed and replaced with healthy vegetation. The responsibility to maintain, remove or replace plant materials shall be that of the landowner on whose property the plant material needing maintenance or replacement is located.

TABLE OF BUFFER YARD REQUIREMENTS

Proposed Development
Adjacent Land Use	LL/LD	MD	HD	OFF	MIX	COM	PUB	ACT	PASS	OFF/ IND
LL/LD	none	B	C	C	C	D	B	B	A	D
MD	none	A	B	B	C	D	B	B	A	D
HD	none	A	A	B	C	D	B	B	A	D
OFF	none	B	B	A	B	B	B	B	B	B
MIX	none	C	C	B	B	B	C	C	C	B
COM	none	C	D	B	B	A	C	C	C	B
PUB	none	A	A	B	C	C	A	A	A	C
ACT	none	A	B	B	B	C	A	A	A	C
PASS	none	A	A	B	B	C	A	A	A	C
OFF/IND	none	C	C	B	B	B	C	B	B	B
ROAD	B	B	B	B	B	B	B	B	B	C

 

The land use abbreviations are as follows:

LL/LD—Large lot and low density residential

MD—Medium density residential

HC—High density residential

OFF—Office

MIX—Mixed use

COM—Commercial

PUB—Public/semi-public

ACT—Active park/open space

PASS—Passive park/open space

OFF/IND—Office/industrial

ROAD—Collector and arterial road

Bufferyard A

Bufferyard B

Bufferyard C

Bufferyard D

Fences

(3)

Plant material existing on a parcel which meets the buffer yard planting requirements of location, size and species may be counted toward the total buffer yard plant material requirement. Existing natural features such as slopes, woodlands or wetlands which provide physical separation between developments or between a development and a collector and arterial road may satisfy the buffering function of the required buffer yard. If approved by the city, proposed berms three feet and higher in the buffer yard may be substituted for up to one-half of the required understory trees and shrubs, depending on the length of the berm. For instance, if a berm runs the entire length of the buffer yard, the understory and shrub plantings may be reduced by one-half. Any boulevard trees or reforestation plantings required in the buffer yard can be counted towards required overstory buffer yard plantings if there is insufficient room for both types of plantings.

(4)

Buffer yards may be used for passive recreation and may contain a trail, provided that no plant material is eliminated, the total width of the buffer yard is maintained, and all other regulations of this subsection are met. Utility easements may be included within buffer yards, provided that the utility requirements and buffer yard requirements are compatible and canopy trees are not planted within such easement.

(5)

Where front, side and rear yards are required by this subsection, buffer yards may be established within such required yards.

(6)

Canopy trees are defined as those trees specified as primary or secondary deciduous trees or conifers in the city's subdivision ordinance. Conifers to be used as overstory trees shall have a minimum height of eight feet when planted. Arborvitae shall not be used as an overstory tree.

(7)

Understory trees are defined as those trees specified as ornamental or conifer trees in the city's subdivision ordinance. Conifers to be used as understory trees shall have a minimum height of six feet when planted.

(8)

In instances in which the city deems it necessary to provide year-round screening, the city may designate that all planting be of conifers.

(g)

The city shall encourage reforestation through boulevard and streetscape planting.

(h)

Mature stands of trees shall be preserved.

(i)

Reforestation shall be pursued as appropriate.

(Ord. No. 153, § 1, 11-4-91; Ord. No. 250, §§ 2, 3, 4-8-96; Ord. No. 309, § 1, 8-14-00; Ord. No. 377, § 134, 5-24-04)