§ 14-10. Screening of adjoining incompatible land uses.

The intent of these screening requirements shall be to create a screen between zoning districts and other zoning districts or to screen certain uses in order to minimize potential nuisances such as the transmission of noise, dust, odor, litter, and glare of lights; to reduce the visual impact of unsightly aspects of adjacent development; to provide for the separation of spaces; and to establish a sense of privacy. Any screening required under this section shall materially screen the subject use between the ground level and the height of the required screening from the view of the adjoining.

When specifically required by section 11-1, development standards for individual uses, a landscaped buffer shall be provided which conforms to the requirements outlined below.

14-10.1.

Screening shall be required under the following situations:

a.

Between residential and nonresidential districts: Where an NB, GB, GB2, CB, CPD, LI, GI district abuts a residential (R) district, screening shall be provided on the lot(s) which are located in the NB, GB, GB2, CB, CPD, LI, GI districts (except a residential use) at the time such lots are developed (except with a residential use) or when any existing and/or accessory structure on such lot is expanded.

b.

Between residential and nonresidential uses in the RO district: In an RO district where a nonresidential use adjoins a residential use, screening shall be provided on the nonresidential use lot, except that screening shall not be required where the adjoining residential use is located in a NB, CB, GB, GB2 or CPD district.

c.

Multifamily developments: All multifamily developments shall be screened from all other lots which lie in a residential (R) district except that screening shall not be required around a multifamily development whose side and rear boundaries abut multifamily development.

d.

Manufactured home parks: All manufactured home parks shall be screened from all other lots which lie in a residential (R) district except that screening shall not be required around a manufactured home parks whose side and rear boundaries abut manufactured home parks.

e.

Planned unit developments: All planned unit developments shall be screened from all other lots which lie in a residential (R) district except that screening shall not be required around a planned unit development whose side and rear boundaries abut planned unit development.

f.

Other: Other situations as specifically listed in the conditional use regulations of this ordinance.

14-10.2.

Location of screening.

a.

Any screening required by subsection 14-10.4 shall be located along side and/or rear property lines of the lot(s) in question except that screening shall not be required along any street right-of-way unless otherwise stipulated in this ordinance. If screening is required along a street right-of-way it shall be located behind such right-of-way and outside the area of the sight triangle, (defined as a triangular area on a corner lot adjoining the rights-of-way of the two intersecting streets, said triangular area being formed by the intersecting lines of the street rights-of-way and a straight line connecting two points, each such points being 25 feet from the intersection of the two street rights-of-way.)

b.

Whenever an industrial use is located on the opposite side of a street right-of-way from a (R) residential zone, screening shall be installed on the industrial use property along said street right-of-way. For the purposes of this requirement an industrial use is deemed to be any use that is listed only in the LI or GI district and not in any other general zoning district (permitted use or conditional use).

14-10.3.

Specifications for screening. All portions of the buffer yard not planted with trees or shrubs or covered by a wall or other barrier shall be planted with grass, groundcover, or natural mulch of a minimum depth of three inches.

Screening may be in the form of natural plantings, planted berms, walls, or fences. Screening shall be encouraged, however, in the form of natural plantings. Where sufficient room exists to place a screen consisting of natural plantings or maintain an existing screen of natural plantings, such natural plantings shall be used as the required form of screening. Otherwise, screening in the form of a planted berm, wall or fence may be used. The administrator may approve a combination of natural planting, planted berm, wall or fence, if he determines that the spirit and intent of this section are met by such combination (see section 14-10, subsections 14-10.2 and 14-10.4).

a.

Natural plantings. Where natural plantings are used, a buffer strip of at least 15 feet in width [ten feet for a nonresidential use in the R-O district] shall be planted. This strip shall be free of all encroachment by structures, parking areas or other impervious surfaces. The amount and type of buffer materials to be planted per 100 linear feet shall be as indicated in Figure 14-10.3.

All materials planted shall be free from disease, installed in a fashion that ensures the availability of sufficient soil and water to sustain healthy growth, properly guyed or staked and planted in a manner that is not intrusive to utilities and/or pavement. Silver Maple, White Pine, Lombardy Poplar and Callery Pear Hybrids, including "Bradford", "Aristocrat", will not be permitted as required trees.

b.

Walls or fences. Any wall shall be constructed in a durable fashion with a finish surface of brick, stone or other decorative masonry material approved by the administrator.

Fences shall be constructed of wood in a durable fashion and of durable, weather resistant wood fencing materials and of consistent pattern. No wall or fence shall be less than six feet, nor greater than eight feet in height above grade. All walls or fences used for screen purposes shall be opaque. Walls and fences shall be constructed in accordance with subsection 9-5.7 of this ordinance.

c.

Berms. All berms shall be planted with both shrubs and groundcovers to leave no bare earth. The berm shall be at least three feet in height and contain at least 30 shrubs per 100 linear feet. Said shrubs shall be a species that can be expected to materially screen the development site within five years of planting. No slope of a berm shall be steeper than one foot of rise for every three feet in plane.

Required buffer strip alternative (per 100 linear feet) for natural plantings:

Table 14-10.3

Alternative	Trees and Landscaping	Buffer Width
1	5 large trees 2 small trees 19 shrubs	30 feet
2	5 large trees 3 small trees 22 shrubs	25 feet
3	6 large trees 3 small trees 24 shrubs	20 feet
4	6 large trees 3 small trees 28 shrubs	15 feet
(For RO districts only, as set forth in subsection 14-10.2(b))
5	2 small trees 19 Shrubs	10 feet

 

14-10.4.

Relief to screening requirements. In the event that the unusual topography or elevation of a development site or the location or size of the parcel to be developed would make strict adherence to the requirements of this section serve no meaningful purpose or would make it physically impossible to install and/or maintain the required screen, the administrator may alter the requirements of this ordinance provided the spirit and intent of the screening requirement as outlined in section 14-10 of this ordinance are maintained. Such an alteration may occur only at the request of the developer, who shall submit a plan to the administrator showing existing site features that would screen the proposed use and any additional screen materials the developer will plant or construct to screen the proposed use. The administrator shall have no authority to provide said relief unless the developer demonstrates that existing site features and any additional screening materials will screen the proposed use as effectively as the required screen.

14-10.5.

Existing screened areas. In cases where an existing screened area exists, further plantings and or improvements shall not be required provided said screened area is of sufficient width and depth and contains adequate and sufficient materials to meet the requirements of this ordinance. If the screened area is deficient, the developer shall make needed improvements and/or additions to satisfy the screening requirements and intent of this ordinance.

14-10.6.

Screen construction and installation maintenance. The plantings, fences, walls or berms that constitute a required screen shall be properly installed and maintained in order for the screen to fulfill the purpose for which it is established. Walls, fences and berms shall be constructed in a durable and attractive fashion in accordance with any applicable codes and generally accepted construction and workmanship practices and meet all specifications herein. Plant species shall be recommended for healthy growth under local climate conditions, not highly prone to disease and be expected to grow in a manner to meet the spirit and intent of this section. Plant materials shall be planted in accordance with generally accepted and recommended planting and growing practices.

The owner of the property and any tenant on the property where a screen is required shall be jointly and severally responsible for the maintenance of all screen materials. Such maintenance shall include all actions necessary to keep the screened area free of litter and debris, to keep plantings healthy and growth from interfering with safe vehicular or pedestrian travel, or use of parking areas, or from creating any nuisances to adjoining property owners and to keep walls, fences and berms in good repair and neat appearance. Any vegetation that constitutes part of a screen shall be replaced in the event that it dies. All screen materials shall be protected from damage by erosion, motor vehicles or pedestrians.

(Ord. No. 3-2008, § 1, 1-22-2008; Ord. No. 30-2009, § 1, 7-20-2009)