§ 28-4-2. Buffer Requirements for Residential District Boundaries.

(a)

Purpose. These buffer requirements are intended to mitigate the impacts of light, noise, odor, vibration, and visual blight from nonresidential development in nonresidential districts on adjacent residential districts. These requirements are intended to preserve, protect, and restore the quality of life and property values for residential neighborhoods which share a boundary with a nonresidential district. The requirements of this Section shall be incumbent upon both residential and nonresidential uses on both sides of the boundary between residential and nonresidential districts.

(b)

Buffer Width Standards.

(1)

In nonresidential districts, nonresidential uses on lots which directly abut a residential district boundary or that are located on lots through which a residential district boundary passes, shall provide on the premises within the nonresidential district a buffer that is immediately adjacent to the residential district boundary, in accordance with the width standards contained in the following table. Where the abutting residential district is the Open Space Residential (RO) District, and the adjacent lots in the RO District are undeveloped and less than half of the area of the lots is comprised of buildable land area, no buffers are required in the adjacent nonresidential district.

Buffer Width Standards for Nonresidential Uses in Nonresidential Districts
Base District	Minimum buffer width for a structure of up to 20 feet in height or for a use with no structure	Minimum buffer width for a structure of more than 20 feet in height
CG and CH	15	30
GWP	15	30
OFP	15	30
IN	15	30
IS	15	30
CU	10	15
OCP	15	15
CVP	10	10
CN	10	10
UT	10	10
CBP	0	0

 

(2)

Any use in a residential district on a lot which directly abuts a nonresidential district boundary, or that is located on a lot through which a nonresidential district boundary passes, shall provide on the premises within the residential district a buffer that is immediately adjacent to the nonresidential district boundary, in accordance with the width standards contained in the following table.

Buffer Width Standards in Residential Districts
Base District	Minimum Buffer Width
RO	25
RM	20
RM	15
RS	15
RN	10
RD	5
RH	10

 

(3)

Where the use abutting a boundary between a residential district and a nonresidential district is a development of attached and multifamily dwellings, a manufactured housing park, a cluster development, or a PUD, in lieu of the standards contained in this Section, such use shall meet the applicable perimeter buffer standard contained respectively in Section 28-4-5, Development of Attached and Multifamily Dwellings; Section 28-4-6, Manufactured Housing Parks and Subdivisions; Section 28-4-7, Cluster Development; or Section 28-4-8, Planned Unit Development (PUD).

(4)

When a property owner of a lot transected by a zoning boundary exercises the option available under Section 28-2-3(e) to extend the district regulations applicable to the larger portion of the lot into the smaller portion of the lot which is in the adjoining zoning district, the buffer shall be located immediately adjacent to the line which is at the limit of the regulations as extended.

(c)

Increased Yard Setback Standards. In nonresidential districts, nonresidential uses on lots which directly abut a residential district boundary, or that are located on lots through which a residential district boundary passes, shall adhere to increased yard setbacks, in accordance with the standards contained in the following table. Where the lot in a nonresidential district has an average ground elevation of ten (10) or more feet above the average ground elevation of the adjacent lot in a residential district, structures of more than twenty (20) feet in height that are placed on the lot in the nonresidential district shall adhere to minimum yard setbacks that are twice as wide as the dimension required for the nonresidential district as indicated in Section 28-4-1(h), Table of Dimensional Regulations, of this ordinance. Where the abutting residential district is the Open Space Residential (RO) District, and the adjacent lots in the RO District are undeveloped and less than half of the area of the lots is comprised of buildable land area, no increased yard setbacks are required in the adjacent nonresidential district.

Yard Setback Standards for Nonresidential Uses in Nonresidential Districts
Base District	Increased yard standards for a structure of more than 35 feet in height (ft)
CG and CH	60
GWP	60
OFP	60
IN	60
IS	60
CU	30
OCP	30
CVP	0
CN	0
UT	0
CBP	0

 

(d)

Buffer Landscape and Improvement Standards. The buffer is intended to be landscaped and improved in order to provide effective visual screening on a year-round basis for uses in residential districts at a boundary with a nonresidential district. Buffers shall employ existing vegetation, or nursery stock, or both, as well as fences, walls, earth berms, or grade changes, in accordance with the standards contained herein. These standards are intended to create a dense or opaque screen for the first six (6) feet above the ground elevation of the residential district immediately adjacent to the district boundary, and a semi-opaque screen from the sixth (6) to thirtieth (30) foot above that ground elevation. Every buffer shall comply with one of the following options:

(1)

Buffer Option 1. The buffer shall contain a mixture of evergreen and deciduous trees and shrubs in accordance with the following standards governing the size and distribution of landscape materials:

a.

The mixture of evergreen and deciduous trees shall be such that no more than sixty (60) percent of the trees are deciduous and no less than forty (40) percent of the trees are evergreens, and there is one tree for every four hundred (400) square feet of required buffer. At the time of planting, deciduous trees shall be at least twelve (12) feet in height and have a trunk diameter of two and one-half (2½) inches, and evergreen trees shall be at least eight (8) feet in height. All trees shall be of a species that will attain a mature height of at least thirty (30) feet. Trees shall be planted no further than forty (40) feet apart.

b.

The mixture of evergreen and deciduous shrubs shall be such that no more than forty (40) percent of the shrubs are deciduous and no less than sixty (60) percent of the shrubs are evergreens, and there is one shrub for every forty (40) square feet of required buffer. Shrubs shall be at least four (4) feet in height at the time of planting, and all shrubs shall be of a species that will attain a mature height of at least six (6) feet and width of at least four (4) feet within five (5) years of the time of planting. Shrubs shall be planted no further apart than five (5) feet in staggered rows such that a dense visual screen will be established by the mature shrubs.

(2)

Buffer Option 2. The buffer shall contain existing vegetation, consisting of trees and shrubs, that shall meet the minimum standards of Section 28-4-2(d)(1), Buffer Option 1, of this ordinance. Where the existing vegetation fails to meet those standards, new landscape materials may be added to supplement the existing vegetation in order to comply with the number, size, and distribution standards. Where the number of existing trees of qualified size exceeds the minimum number, the number of required shrubs shall be reduced by a factor of two (2) shrubs for each additional qualified tree.

(3)

Buffer Option 3. The buffer shall contain a mixture of evergreen and deciduous trees together with a fence or wall. The buffer shall meet the minimum standards governing the number, size and distribution of trees as contained in Section 28-4-2(d)(1), Buffer Option 1, of this ordinance. The required fence or wall shall be solid or opaque, at least six (6) feet in height, and shall be installed parallel to, and for the entire length of the district boundary. Where a buffer containing a fence in accordance with this buffer option has been established on one side of a residential district boundary, this option shall not be used to fulfill the buffer requirements on the side of the district boundary which is directly opposite such a fence or wall.

(4)

Buffer Option 4. The buffer shall contain a mixture of evergreen and deciduous trees and shrubs together with an earth berm. The buffer shall meet the minimum standards governing the number, size and distribution of trees as contained in Section 28-4-2(d)(1), Buffer Option 1, of this ordinance. An earth berm shall be installed with the highest point being at least two (2) feet and no more than six (6) feet above existing grade. Side slopes of the earth berm shall not exceed a grade steeper than three (3) feet horizontally for each one foot of vertical change, and retaining walls may be used to truncate the side slopes. Earth berms shall be seeded with grass or wild flower seed mix. For buffers with berms that are six (6) feet above grade, no shrub plantings are required. For buffers with berms that are less than six (6) feet above grade, shrubs shall be provided in accordance with the requirements of Section 28-4-2(d)(1), Buffer Option 1, of this ordinance, except that the required height of the shrubs may be reduced such that the height of the berm plus the height of the shrubs is equal to six (6) feet, provided that no shrub may be less than one and one-half (1½) feet in height. In the event that buffers on both sides of a district boundary are developed simultaneously, an earth berm may be positioned in part or in whole over the district boundary.

(5)

Buffer Option 5. The buffer shall contain a mixture of evergreen and deciduous trees together with a change in grade. The buffer shall meet the minimum standards governing the number, size and distribution of trees as contained in Section 28-4-2(d)(1), Buffer Option 1, of this ordinance. To be considered as part of this buffer option, the change in grade shall be at least four (4) feet above existing grade on the other side of the district boundary, and the change in grade shall occur within the width of the buffer. For buffers with a change in grade that is at least six (6) feet above grade, no shrubs are required. For buffers with a change in grade that is less than six (6) feet above grade, shrubs shall be provided in accordance with the requirements of Section 28-4-2(d)(1), Buffer Option 1, of this ordinance, except that the required height of the shrubs may be reduced such that the height of the berm plus the height of the shrubs is equal to six (6) feet, provided that no shrub may be less than one and one-half (1½) feet in height.

(e)

Buffers for District Boundaries in Collector or Local Streets. Where a boundary between a non-residential district and a residential district is located within or along the edge of a right-of-way of a collector or local street, a nonresidential use in the nonresidential district which fronts on such a street shall incorporate a fifteen (15) foot wide buffer in the front yard along the front lot line adjacent to the edge of the right-of-way. This buffer may vary between ten (10) to twenty (20) feet in width, provided that an average width of fifteen (15) feet is maintained along the entire front lot line, and it shall meet the landscaping requirements of Section 28-7-10(d), Landscape Material Standards, of this ordinance.

(f)

Buffer Use Restrictions. Buildings, impervious surfaces, and parking, as well as the storage and display of vehicles, goods, and materials, are prohibited within the buffers required pursuant to this Section.

(g)

Maintenance of Buffers. All required buffers shall be adequately maintained by the replacement of plantings, and the repair or replacement of fences and walls, such that compliance is always maintained with the minimum buffer landscape and improvement standards of this Section.

(h)

Screening and Orientation of Mechanical Equipment. For nonresidential uses on lots which directly abut a residential district boundary, all appurtenant mechanical equipment including heating, ventilating, and air conditioning equipment, as well as exhaust fans and vents, shall be visually screened from adjacent residential districts. Noise and odors emanating from the equipment, fans, and vents shall be directed away from residential district boundaries by means of location of the equipment on the building or through the installation of baffles or deflectors.

(i)

Illumination of Buildings. Lighting fixtures used to illuminate a building on a lot which directly abuts a residential district boundary, or on a lot through which a residential district boundary passes, shall be designed to minimize glare and sky-glow, and to direct the light away from adjacent properties and away from traffic on adjacent streets. Lighting shall be designed to limit any increase in off-site illumination to a maximum of two-tenths (0.2) of a footcandle as measured at the side and rear lot lines.

(j)

Other Standards Related to Lighting, Screening, and Setbacks. Other performance standards relative to the mitigation of impacts of light, noise, odor, vibration, and visual blight on residential neighborhoods are found in other sections of this ordinance, as follows: Parking lot lighting standards are contained in Section 28-7-7(j), Illumination of Parking Areas; setbacks for, and the screening of, loading areas are addressed in Section 28-7-13(e), Setbacks, and Section 28-7-13(f), Screening; and setbacks for, and the screening of, refuse container loading areas are addressed in Section 28-7-14(d), Setbacks, and Section 28-7-14(e), Screening. Section 28-5-37, Outside Storage of Materials and Inventory, addresses setbacks and screening requirements for outside storage, and Section 28-6-9(c), Permitted Freestanding Signs, contains setback requirements for such signs.

(k)

Implementation of the Buffer Requirements. Where lots abutting a residential district boundary have been previously developed, the standards and requirements of this Section shall be implemented at such time as a change in use classification occurs, or an existing use is expanded or intensified in such a manner that there is an increase in the parking demand based on the standards contained in Article 28-7, Access, Circulation, Parking and Loading Requirements, of this ordinance.

(l)

Conditional Use Permits Required for Certain Buffers. The Planning Board may grant conditional use permits in accordance with the requirements of Section 28-9-4(b), Conditional Use Permits, of this ordinance, for alternative buffer arrangements where certain specific requirements of this Section can not be met, as follows:

(1)

Where the location of existing buildings precludes compliance with the buffer width and yard setback standards, the Planning Board may allow a buffer that provides the maximum separation and screening possible given the location of such buildings. In granting a conditional use permit, the Board may require the buffer to be wider where not obstructed by buildings, or require additional fencing or walls, or require additional or larger landscape materials; and

(2)

Where the land for a required buffer is encumbered by an easement, covenant, or other recorded legal instrument that prohibits or disallows thereon the planting and maintaining of trees and shrubs, or limits tree growth to less than twenty (20) feet in height, such land shall not be deemed to fulfill the requirements of this Section. The Planning Board may grant a conditional use permit that will allow an alternate buffer location which will provide the maximum screening possible taking in to consideration any use of the easement that is incompatible with the intent of this Section. In granting a conditional use permit, the Board may require additional fencing or walls, or require additional or larger landscape materials.

(Ord. No. 2751, § II, 5-11-09; Ord. No. 2842, § IX, 8-88-11; Ord. No. 2851, § III, 10-11-11)