§ 1203. Zoning buffer requirements.

(a)

When required. Zoning buffers are required to be provided at the time of construction of any new development, subject to the requirements of this article.

(b)

Disturbance. Zoning buffers required by this division shall remain undisturbed, except where necessary to add vegetation to meet screening requirements, unless encroachments or grading are specifically authorized by this division. Unless encroachments or grading are specifically authorized, or unless a variance is granted by the board of adjustment in accordance with this UDC, existing trees within a buffer required by this UDC shall not be removed.

(c)

Minimum required screening. Required buffers shall provide screening, as defined, with a natural buffer of existing vegetation. Where the full width of the required buffer does not exist or where existing vegetation is sparse such that it does not meet the screening standard, the buffer shall be replanted at the required minimum width. Natural buffers may contain deciduous vegetation but shall contain evergreen trees suitable to local growing conditions that will provide an opaque visual screen during all seasons of the year. Unless existing vegetation provides the required screening or another alternative that meets the requirements for opaque visual screening is approved by the public development department, one evergreen tree, with a minimum height of four feet at planting, with branches touching the ground shall be planted for each 30 feet of buffer length, for each ten feet of required buffer width. Rows of evergreen trees shall be staggered. Evergreen screening shrubs planted four feet on center should also be used where necessary to provide the required screening.

(d)

Relocation. Zoning buffers may be relocated on the site to best achieve the screening required.

(e)

Buffer encroachments. Zoning buffers shall contain no driveways, parking areas, patios, stormwater detention facilities, or any other structures or accessory uses except that underground utilities may be permitted to cross a buffer if the screening standards of this UDC will be subsequently achieved. Buffers required by this article (excludes stream buffers) may include structural buffers as specified in this division.

(f)

Disturbance or grading in buffers. Disturbance or grading within a zoning buffer may be authorized by the public development director in certain limited instances:

1.

Where existing topography is such that a berm or other change in elevation within the zoning buffer would be more effective in meeting the screening requirements of this section, in which case grading may be authorized;

2.

Where existing vegetation is of limited screening value, in which case clearing and grubbing may be permitted;

3.

When a structural buffer is authorized; and

4.

In cases where a zoning buffer is authorized to be relocated, clearing, grubbing, and grading may be authorized in the original area of the zoning buffer.

(g)

Maintenance. Every buffer required by this article shall be maintained by the owner of the property where the buffer is located, so as to provide an opaque visual screen to a height of at least six feet on a continuous, year-round basis.

(h)

Shown on plans. All required buffers shall be shown on grading and landscaping plans.

(Ord. No. 17-003 , § 1, 10-2-2017)