Sec. 27-306.  Bufferyard Provisions.

 

(a)  These provisions apply when use is established in a more intensive zoning district (District 1) which is adjacent to a less intensive zoning district (District 2).  The owner, developer, or operator of the use within District 1 shall install and maintain a landscaped bufferyard on his or her lot or site, as set forth in this section.  Bufferyard requirements apply only to those districts indicated in the table designated as Sec. 27-307.  Bufferyards are not required of single-family, two-family or duplex use types in the more intensive zoning district.

 

(1)       The bufferyard dimensions set forth in Sec. 27-307 apply to zoning districts which share a common lot line or are adjacent but separated by an intervening alley.

 

(2)       When a street separates adjacent zoning districts requiring a bufferyard, the size of the bufferyard shall be one-half the required bufferyard set forth in Sec. 27-307.

 

(3)       Each required bufferyard must be entirely landscaped, pervious, and free of paved areas, access ways, storage, or other disturbances. 

 

(b)  When a zoning district classification is changed to allow for a less intensive use to abut an area where Sec. 27-307 would require a bufferyard, then the bufferyard required by Sec. 27-307 shall be located on the property in the less intensive zoning district (District 2).  These provisions apply when use is established in a less intensive zoning district (District 2) which is adjacent to a more intensive zoning district (District 1).  The owner, developer, or operator of the property establishing a use in the less intensive zoning district (/District 2) shall install and maintain a landscaped bufferyard on his or her lot or site, as set forth in this section.  Bufferyard requirements apply only to those districts indicated in the table designated as Sec. 27-307.  Bufferyards are not required of single-family, two-family or duplex use types in the more intensive zoning district.

 

(1)       The bufferyard dimensions set forth in Sec. 27-307 apply to zoning districts which share a common lot line or are adjacent but separated by an intervening alley.

 

(2)       When a street separates adjacent zoning districts requiring a bufferyard, the size of the bufferyard shall be one-half the required bufferyard set forth in Sec. 27-307.

 

(3)        Each required bufferyard must be entirely landscaped, pervious, and free of paved areas, access ways, storage, or other disturbances.

 

When a zoning district classification is changed that results in transferring the bufferyard requirements from the more intensive zoning district to the less intensive zoning district as set forth in this subsection, then the zoning official shall cause to be filed of record an affidavit stating that the less intensive zoning district has been rezoned and, as a result, the bufferyard requirements of this Code are required to be met on the less intensively-zoned property.  Further, said affidavit shall be indexed against all property adjoining the property of the less intensively-zoned district which is responsible for meeting bufferyard requirements.

 

 

 

Source:  Ord. No. 4603, 1, 9-16-02; Ord. No. 5292, 2, 6-2-14