§ 9.12. Buffer yard requirements.

1.

Buffer yard standards for zones R-2, C-1, C-2 and M-1.

a.

A buffer yard is the outer portion of a lot extending to the boundary line. Buffer yards are designed to use planting or fencing to reduce potential nuisances. These nuisances may include dirt, noise, litter, lighting glare, and unsightly parking lots, signs or buildings.

2.

Requirement. All property owners with commercial, recreational, institutional, and industrial uses shall maintain a buffer yard, if their property abuts a residential use or non-commercial vacant land. If a land use is proposed adjacent to vacant land, the buffer yard requirement may be reduced if the owner of the vacant land agrees.

3.

Location. Buffer yards shall not be located on any portion of an existing or dedicated public or private street or right-of-way. The buffer yard shall be continuous, except for buffer yard required for another building.

4.

Standards.

a.

Buffer yard requirements are stated in terms of the width of the buffer yard and the number of plants required per linear feet of buffer yard. The buffer strip shall be a minimum of 20 feet wide.

b.

The minimum landscaping material shall include at least one large tree for every 60 linear feet of the required buffer strip, or one small tree for every 30 linear feet of the required buffer strip. A large tree attains a height at maturity of greater than 30 feet. A small tree attains a height at maturity of less than 30 feet.

d.

The zoning official may require higher buffer yard standards, in order to protect adjacent landowners from adverse impacts. The zoning official may require an opaque fence in addition to landscaping to reduce impacts.

1.

Commentary: The standards for buffer yards represent minimum requirements. The goal is to eliminate, to the extent possible, the impacts of nonresidential uses on residential property owners, these impacts can be severe. Accordingly, the town provides wide discretion to the zoning official to establish appropriate buffer yard standards for the businesses prior to approving any building permits.

e.

The zoning official may also waive some or all of the requirements for a buffer yard and may permit an owner or developer to landscape an existing right-of-way, if in the judgment of the zoning official, such landscaping will meet the objectives of this ordinance.

1.

Commentary: The zoning official is also given authority to reduce the buffer yard requirements in appropriate circumstances. In this case, the abutting property owners should be consulted and agree to the reduction in requirements.

5.

Maintenance. The owner of a buffer yard shall keep the buffer yard in good condition, routinely pick up litter, and replace all dead vegetation.

(Ord. No. 655-12, § 9.12, 6-9-2012)