§ 21-213. Buffer requirements.

(a)

Generally. Buffers shall be required in accordance with the table in section 21-216 when any use is being developed abutting an existing developed lot, however less intensive uses locating next to more intensive uses shall not be required to comply with the screening portion of the requirements of this article. Where a conflict exists between the buffer requirements for a use and setback requirements for a zoning district, the use requirements shall control. The required buffer may not be used for loading, storage, or similar operational area needs that are either part of or accessory to the proposed use unless otherwise indicated herein.

(b)

Modification of buffer requirements. Buffer requirements may be modified in accordance with the provisions of section 21-217.

(c)

Responsibility for requirements. One hundred (100) percent of the applicable buffer requirements shall be the responsibility of the developing land use, unless expressly provided otherwise.

(d)

Standards for trees and shrubs. Required trees and shrubs shall meet the following standards:

(1)

All required large maturing trees shall have a minimum caliper of one and one-half (1½) inches measured six (6) inches above the proper planting level;

(2)

Shrubs shall be one (1) foot tall or taller when planted; and

(3)

All specifications for the measurement, quality, and installation of trees and shrubs shall be in accordance with the American Standards for Nursery Stock published by the American Association of Nurserymen, free of disease, and in otherwise sound and healthy condition.

(e)

Modification of planting types. If it is demonstrated that existing vegetation meets the intent of this section, the zoning administrator may waive the requirements for the plant material.

(f)

Maintenance of buffer. The owner of the property where the buffer or screening is shall be responsible for maintaining the buffer and all required plantings in good condition.

(g)

Buffering of expanded uses. Expansion of a use existing prior to the effective date of this chapter shall require the expanded portion of the facility to come into conformance with these requirements.

(h)

Watershed buffer areas required. A minimum thirty-foot vegetative buffer for development activities is required along all perennial waters indicated on the most recent versions of U.S.G.S. 1:24,000 (7.5 minute) scale topographic maps.

(i)

Development in required watershed overlay buffer areas. Development in the buffer area shall be limited to the following exceptions in conjunction with minimizing built-upon surface area, directing runoff away from surface waters and maximizing the utilization of stormwater best management practices:

(1)

Artificial streambank or shoreline stabilization;

(2)

Water dependent structures such as piers, docks, etc.;

(3)

Other structures such as flag poles, signs, and security lights which result in only minimal increases in impervious area;

(4)

Public projects such as road crossings and greenways where no practical alternative exists.

(Ord. of 1-19-98, § X; Ord. of 4-20-98; Amend. of 11-2-09; Amend. of 9-6-11; Amend. of 4-21-14)