HomeMy Public PortalAbout15-2011 Sec 3-160 04.19.11 (buffer requirement) (only section)
Sec. 3-160. Protective screening of adjacent property where commercial use and
residential use abut
In cases where new construction or expansion of existing improvements equal to or greater than 50% of existing square footage of all occupied or used space is requested at locations
where a residential use does or will abut a commercial use, the owner or applicant shall be required to seek special review unless a buffer satisfying the following requirements is met:
Basic Requirements
(A) An aboreal landscaped greenbelt not less than _______ feet wide with a well maintained ornamental masonry wall or privacy fence no less than six feet in height above grade shall
be provided and properly maintained along its entire length by the users of the property to be built upon or expanded. Such greenbelt shall be planted with deciduous trees, evergreens,
flowering trees, ornamental trees, or any combination of the same not set further than ten feet apart at any given point along the greenbelt. The greenbelt shall be measured from the
property line of the property to be improved. In no instance will a street, sidewalk or other like improvement be permissible as a buffer. In no instance will a dumpster be permitted
in a buffer.
(B) The area beneath and between the planted trees shall be well-kept lawn free of foreign debris and unmanaged undergrowth. All landscaping shall be maintained in a healthy growing
condition, neat and orderly in appearance.
(C) All planting plans shall be first submitted to the city zoning department during the review process for approval of the planting materials and arrangement thereof in accordance
with the provisions of this Land Development Code.
Special Review
In the case of any plans or proposed plans which do not meet the requirements of section I hereof, special review shall be required for consideration thereof and in connection therewith,
the mayor and counsel may impose conditions or restrictions designed to protect the properties including adding or reducing buffer requirements, restricting or expanding uses within
the buffer area, additional or reduced fencing, vegetation and/or any other restrictions or conditions reasonably designed to protect the abutting property as well as the property sought
to be improved.