14.16.010 Bufferyards.

Chapter 14.16 APPEARANCE, BUFFERING, SCREENING, LANDSCAPING, AND OPEN SPACE REGULATIONS*

A. Definition. The bufferyard is a unit of yard together with the planting, fences, walls, and other screening devices required thereon.

B. Purpose. The purpose of a bufferyard is to ameliorate any potential adverse impact between adjacent land uses and streets, and promote land use compatibility.

C. Where Required. Bufferyards shall be required for proposed new uses or substantially expanded uses (over fifty percent (50%) gross floor area) in accord with the following Table 4.

D. Specifications and Options. From Table 4, match the abutting use with the proposed new or expanded use to determine the type of bufferyard required. Should a question arise as to the land use classification of a proposed or abutting use the director of planning and facilities shall determine the classification. Next, refer to the bufferyard illustrations to determine the amount of bufferyard required. Several options of landscaping are available under each bufferyard. The requirements are given in one-hundred-foot units as measured along the property line. Whenever a wall or fence is required, the location of the structure may be on either side of the required bufferyard.

The length of a bufferyard shall extend the length of the property line separating two uses, except for property lines in excess of two hundred (200) feet, where the bufferyard need only extend one hundred (100) feet beyond either end of the existing use to be buffered.

E. Use of Existing Vegetation. Existing vegetation, including all trees of any dimension, shall be retained to the extent practical and feasible. In no event shall a developer clear-cut the site of a required bufferyard. Instead, the developer shall conduct an existing tree inventory, identifying the location, species, and diameter (breast high) of all trees in the bufferyard, and complement the presence of such trees with appropriate shrubs and other vegetation to meet all requirements of this section.

F. Materials. To achieve the desired results, only coniferous (evergreen) plants, suitable for local conditions, shall be used. When structures are used, the materials shall be durable and suitable for screening.

TABLE 4

Road Buffer Requirements

	Existing Use
Proposed Use	Agricultural	Single-Family Dwelling, RS Zone	Single-Family Dwelling	All Other Residential Uses	Office/Institutional	Commercial/Non-Effluent Industry	Effluent Producing Industry	Street
Office/Institutional	0	3	2	1	0	0	0	2
Multi-family/Manufactured home park	0	3	2	0	1	2	3	2
Low impact commercial	0	3	2	1	0	0	0	1
Commercial	1	4/5C	3	2	0	0	0	1
Non-effluent producing industry	2	5	4	3	2	0	0	2
Effluent producing industry	3	6	6	5	3	2	0	3

G. Plant Size and Caliper. The minimum tree at planting shall be six to seven feet in height and one and one half inches in diameter at a height of eighteen (18) inches above the ground. The minimum shrub shall be two to three feet in height. Both trees and shrubs shall be nursery stock with well-developed root systems unless plants found in place can be used. If the existing vegetation provides a screen equal to or greater than that which would be planted, no other plant material shall be required. In case of open woods, an additional planting of eye shrubs such as hemlock or pines may be needed to improve screening. Fencing requirements are not changed by a wooded site.

H. Substitutions. The following substitutions for opaque walls, fences, and plant materials may be made:

1. Berms may be used to compensate for fences. An eight foot high opaque structure can be a combination of berm and fence to total eight feet.

2. Chain link fences with evergreen hedge on the outbound side may be substituted for wooden fences of the same height. All plants must be sized and spaced to obscure the chain link fence within five years of planting.

3. Any existing plant material that otherwise satisfies the requirements of this section may be substituted and counted toward satisfying the requirements of this section.

Bufferyard Illustrations

		Plants Required
Bufferyard 1	5’	Five trees or three trees & six shrubs or twelve (12) shrubs or six-foot fence (wood-solid)
Bufferyard 2	10’	Ten trees or six trees & twelve (12) shrubs or twenty-four (24) shrubs or six-foot fence
Bufferyard 3	15’	Fifteen (15) trees or eight trees & twenty-four (24) shrubs or forty-eight (48) shrubs or six-foot fence & twenty (20) shrubs or trees
Bufferyard 4	25’	Twenty-five (25) trees & thirty (30) shrubs or twelve (12) trees & sixty (60) shrubs or eight-foot fence & ten trees or shrubs
Bufferyard 5A	50’	Thirty (30) trees & forty (40) shrubs or twenty (20) trees & eighty (80) shrubs or eight-foot fence & twenty-five (25) trees or shrubs
Bufferyard 5B	25’	Six-foot masonry wall & twenty-five (25) trees or shrubs
Bufferyard 5C	5’	Eight-foot masonry wall
Bufferyard 6B	25’	Six-foot masonry wall & twenty-five (25) trees or shrubs
Bufferyard 6A	50’	Eight-foot fence & forty-five (45) trees & eighty (80) shrubs or eight-foot fence & thirty (30) trees & one hundred twenty (120) shrubs

Note: Not to scale

I. Fence and Wall Specifications. All fences and walls used as part of the bufferyard requirement must have the finished side facing outward. Fences shall be wooden or other durable or opaque material approved by the director of planning and facilities. Wooden fences shall be made of rot resistant material such as locust, cedar or redwood. If made of pine, the post shall be rated for soil contact and the boards rated for outside use. Chain link fences with wood, plastic, or metal strips are expressly prohibited. However, a chain link fence with evergreen hedge is acceptable. Walls must be made of masonry materials including poured concrete, concrete block covered with stucco, and brick.

J. Responsibility. It shall be the responsibility of the proposed new use to provide the bufferyard where required by this title, except that no new detached single-family dwelling or duplex shall be required to provide such bufferyard.

K. Required Maintenance. The maintenance of required bufferyards shall be the responsibility of the property owner. All such areas shall be properly maintained so as to ensure continued buffering. All planted areas shall be provided with an irrigation system or a readily available water supply to ensure continuous healthy growth and development. Dead trees shall be removed; debris and litter shall be cleaned; and berms, fences, and walls shall be maintained at all times. Failure to do so is a violation of this title, and may be remedied in the manner prescribed for other violations.

L. Use of Bufferyards. A bufferyard may be used for passive recreation and may be interrupted by access driveways not exceeding sixteen (16) feet in width (exceptions for uses requiring wide curb cuts may be approved by the director of planning and facilities). All other uses are prohibited, including off-street parking.

M. Sight Clearance. Bufferyards may not obscure a clear line of sight for vehicular traffic. Therefore, bufferyards should be placed no closer than twenty (20) feet from street/road right-of-way lines.

(Ord. 03-O-02 (part), 2003; Ord. 99-O-25 § 4.1, 1999)