§ 34-162. Required buffers.

(a)

Landscaped buffer strips shall be required in certain situations where the site under development adjoins a public street, a developed site or an undeveloped site designated for development as follows:

Minimum Required Buffers

Existing adjacent development	Single-Family Residential	Other Residential	Nonresidential	Arterial/ Collector ROW	Local/ Private ROW
Proposed new development
Single-family residential	None	None	None	None	None
Multifamily or residential PUD	2	2	None	5	6
Office, public building or mixed use PUD	3	3	2	5	6
Retail	3	3	2	5	6
Utility use (electric power substation, water or sewer facility and solid waste facility)	4	4	3	5	6
Trash dumpster, air conditioning compressor unit, or generator	1	1	1	1	1
Industrial use	4	4	3	5	6
Outside storage area or building	2	2	2	5	6

 

(b)

The following standards shall apply to the categories of buffers identified in subsection (a) of this section:

(1)

Category 1. Five-foot wide buffer area with a wall or fence and hedge not less than six feet in height. The hedge shall be a minimum of three feet in height at time of planting.

(2)

Category 2. Ten-foot wide buffer area with a wall or fence and hedge not less than six feet in height, supplemented by trees spaced not more than 20 feet apart. The hedge shall be a minimum of three feet in height at time of planting.

(3)

Category 3. Fifteen-foot wide buffer area with a wall or fence and hedge not less than six feet in height, supplemented by trees spaced not more than 20 feet apart. The hedge shall be a minimum of three feet in height at time of planting.

(4)

Category 4. Twenty-five-foot wide buffer area with a wall and hedge not less than six feet in height, supplemented by trees spaced not more than 20 feet apart. The hedge shall be a minimum of three feet in height at time of planting.

(5)

Category 5. Fifteen-foot wide buffer area with a hedge not less than three feet in height, supplemented by trees spaced not more than 20 feet apart. The hedge shall be a minimum of three feet in height at time of planting. The required hedge shall contain a minimum of two different maintained levels or tiers. The required hedge shall be installed in a non-linear (meandering) manner. If desired, only a decorative metal fence shall be utilized.

(6)

Category 6. Ten-foot wide buffer area with a hedge not less than three feet in height, supplemented by trees spaced not more than 20 feet apart. The hedge shall be a minimum of three feet in height at time of planting. The required hedge shall contain a minimum of two different maintained levels or tiers. The required hedge shall be installed in a non-linear (meandering) manner. If desired, only a decorative metal fence shall be utilized.

(c)

When an earth berm is used in conjunction with the required landscape buffer it shall use long and gentle slopes and only be used in conjunction with plant materials. Where berms are used, the minimum berm height is 18 inches. Berms five feet or less in height shall have a maximum of 2:1 slope. Berms greater than five feet in height shall not exceed a 3:1 slope. Berms shall be covered in appropriate ground cover to avoid erosion.

(d)

Normally, responsibility for establishment and maintenance of buffers shall belong to the more intense development abutting a less intensive development. Where the adjacent property is vacant at the time of development, the new development shall provide the buffer, which shall be based on the permitted land use as identified in the comprehensive plan and/or zoning regulations. Where the adjacent property is already developed, but without a buffer meeting these requirements, the new development shall provide the buffer.

(e)

All nonconforming lots in all zoning districts that existed at the time of adoption of the ordinance from which this section is derived shall be exempt from the landscape buffer requirements until such time as the properties submit for a substantial improvement or re-development of the property.

(f)

Landscape buffers may overlap utility easements a maximum of five feet with the appropriate consent of the easement holder providing the overlap contains the required buffer plant materials. The property owner is responsible for maintaining and/or replacing any materials damaged in the easement. In the event the easement holder cancels the right to plant in the easement, the property owner will be required to cure the nonconformity. The buffer will be required to comply with the land development code in effect at the time of site plan approval.

(g)

When a new project consists of office, public building, mixed use PUD, or retail and abuts another nonresidential use the provision of a wall or fence shall not be required within the landscape buffer.

(h)

Chain link is prohibited within a right-of-way buffer unless approved by the land development director as a variance pursuant to subsection 34-605(1)b., and limited to the following:

(1)

Maximum four foot fence height in front buffer and six foot fence height in side buffer; and

(2)

Black or green vinyl coated; and

(3)

Opaque hedge maintained at the same height of the fence, planted on both sides of the fence; and

(4)

Upon planting, hedges shall be a minimum of 48 inches in height: or

(5)

As approved by the village council on appeal. Nothing contained in this section shall require that an applicant submit a chain link fence request to the land development director for consideration. It is the intent of the village council that such procedure shall be summary in nature, and nonexclusive, and that any applicant shall be free to apply to the village council, or appeal the decision of the land development director to the village council, in writing, within 30 days of a written decision by the land development director, or use other available administrative or legal process. Any appeal to the village council shall be heard within 30 days of being filed with the village clerk.

(Code 1994, § 30-107; Ord. No. 2013-02, § 2, 2-14-2013; Ord. No. 2015-42, § 3, 12-10-2015)