(a) The amount of the buffer yard must be located on property owned or
controlled by the owner, and shall not include any of the land area
located within an established right-of-way for determining the amount
of buffer yard. The only structures permitted in the buffer yard,
when there is no practical alternative as determined by the code enforcement
officer or planning board, are utilities and essential services.
(b) Any new nonresidential structure or use or expansion of an existing
nonresidential structure or use that is built or established on or
after August 21, 2001, and that directly abuts a property or properties
located in any zoning district other than the Route 3 Commercial District
or the Office Park District shall comply with the following minimum
planting requirements for the buffer yard area. The applicant shall
provide the minimum amount of plant units per 100 lineal feet or fraction
thereof (as measured in ten foot increments) for the buffer yards
identified in this subsection. For the purposes of implementing this
section, the number to the left in the following chart is the amount
of plant units that an applicant must provide, and the number to the
right is the guideline that the applicant and planning board or code
enforcement officer should use for the amount of such plant units
that should be canopy trees. The City, however, recognizes that all
sites are not the same, and that a landscape plan and plantings may
be unique to a respective site. The City encourages flexibility to
ensure all plantings enhance site appearance and are harmonious with
all structures and uses on the site and with abutting sites and uses,
and grants the code enforcement officer or planning board, when it
deems appropriate, the authority to alter the amount of specific types
of plant units identified in the guidelines (the right side column).
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Amount of Planting
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Structure Size
(in square feet)
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Front Buffer Yard
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Side Buffer Yard
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Rear Buffer Yard
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Less than 5,000
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50 pts—30 pts
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30 pts—20 pts
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30 pts—20 pts
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5,001—15,000
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60—30
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30—20
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30—20
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15,001—30,000
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70—40
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50—35
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50—35
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30,001—50,000
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80—45
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75—60
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75—60
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50,001—75,000
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100—50
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100—80
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100—80
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Greater than 75,000
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125—60
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125—90
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125—90
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Notwithstanding the above requirements, the code enforcement
officer or planning board may require a greater amount of planting
in the side or rear buffer yard if the structure or use abuts a property
or properties that were used for as a residence prior to the date
of adoption of the ordinance from which this division derives.
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(c) Any new nonresidential structure or use expansion of an existing nonresidential structure or use that is built or established on or after August 21, 2001, and that abuts only other properties located in the Office Park District or the Route 3 Commercial District shall comply with the following minimum planting requirements for the buffer yard. The applicant shall provide the minimum amount of plant units per 100 lineal feet or fraction thereof (as measured in ten foot increments) for the buffer yards identified in this section 102-1303. For the purposes of implementing this section, the number to the left in the following chart is the amount of plant units that an applicant must provide, and the number to the right is the guideline that the applicant and planning board or code enforcement officer should use for the amount of such plant units that should be canopy trees. The City, however, recognizes that all sites are not the same, and that a landscape plan and plantings may be unique to a respective site. The City encourages flexibility to ensure all plantings enhance site appearance and are harmonious with all structures and uses on the site and with abutting sites and uses, and grants the code enforcement officer or planning board, when it deems appropriate, the authority to alter the amount of specific types of plant units identified in the guidelines (the right side column).
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|
Amount of Planting
|
|---|
|
|
Structure Size
(in square feet)
|
Front Buffer Yard
|
Side Buffer Yard
|
Rear Buffer Yard
|
|---|
|
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Less than 5,000
|
50—30
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30—20
|
30—20
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5,001—15,000
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60—30
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30—20
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30—20
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15,001—30,000
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70—40
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30—20
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40—30
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30,001—50,000
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80—45
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30—30
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45—30
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50,001—75,000
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100—50
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30—20
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50—30
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Greater than 75,000
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125—60
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30—20
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60—40
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(d) A nonresidential use that obtained a use permit before August 21, 2001, or that occupies a structure constructed before August 21, 2001, that proposes to expand the use or structure or change the use, or a nonresidential use that obtained a use permit on or after August 21, 2001, and that occupies a structure constructed before August 21, 2001, that proposes to expand the use or structure or change the use, that cannot fully satisfy the above landscaping requirements for buffer yards (reference subsections (b) and (c)) shall satisfy these landscaping of buffer yard requirements to the greatest extent practical. The code enforcement officer or planning board shall determine if an existing use or structure cannot satisfy these landscaping requirements and what constitutes greatest extent practical. The code enforcement officer or planning board may require additional plantings, fencing, larger buffer yards, or similar measures to compensate for the applicant providing less than the amount of landscaping required.
(e) A new use or nonresidential structure, particularly an industrial structure, that does not fully comply with the structure design guidelines identified in section 102-1305, shall provide a minimum of 1.5 times the amount of front and side buffer yard plantings as required in this subsection, subsections (b) and (c).
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