§ 6.06.06. Buffering And Screening Requirements

A.

Buffers Between Incompatible Land Uses

The required buffer distance between proposed land uses and the zoning lot line is set forth in the tables below. If the land next to the proposed development is vacant, the buffer requirement shall be determined based on the existing zoning on the adjacent vacant parcel as shown in the tables below. If the adjacent parcel is vacant but is zoned for a more intensive zoning district, no buffer area shall be required of the less intensive use. If the adjacent parcel is developed, the buffer requirement shall be determined based on the existing use of the adjacent property as shown in the tables below, unless that use is nonconforming, in which case the property shall be deemed vacant and buffered accordingly. Notwithstanding, for preliminary site development and/or construction plan applications submitted after October 1, 2007, if the adjacent property is developed solely with a nonconforming residential use, the buffer requirement shall be determined based on the residential use. However, in such cases the buffering requirement may be administratively waived upon written consent of the owner of the property occupied by the nonconforming residential use. For purposes of this regulation, "adjacent parcel" shall include parcels separated from the proposed development by a public or private right-of-way less than 50 feet in width. The relative degree of intensity shall be determined as follows:

Table of Intensity for Buffers and Screening
Group	Land Use Classification of Proposed and Existing Uses	Zoning of Adjacent Vacant Properties
1	Residential - Single-Family Outdoor and Passive Agricultural	AM, A, AR, AS-0.4, AS-1, ASC-1, AI, RSC-2, RSC-3, RSC-4, RSC-6, RSC-9, RSC-10 (all including MH overlays), RDC-6, RDC-12, RSB Additionally, PD, IPD, CPV, BMS and TND districts permitting uses shown to the left, excluding interim agricultural uses*
2	Residential - Multi-Family less than or equal to 12 u/a	RMC-6, RMC-9, RMC-12, BMS-NS Additionally, PD, IPD, CPV, BMS and TND districts permitting uses shown to the left*
3	Residential - Multi-Family greater than 12 u/a	RMC-16, RMC-20, UCA-MS, UCA-NHO Additionally, PD, IPD, CPV, BMS and TND districts permitting uses shown to the left*
4	Cultural and Institutional	SPI-UC-1, SPI-UC-2, SPI-UC-3 Additionally, PD, IPD, CPV, BMS and TND districts permitting uses shown to the left*
5	Office and Professional Services Neighborhood Business and Commercial General Business and Commercial High Intensity/Highway Commercial Public Service/Emergency Service	OR, R-BPO, BPO, CN, CG, CI, BMS-GW, BMS-TC-1, BMS-TC-2 Additionally, PD, IPD, CPV, BMS and TND districts permitting uses shown to the left*
6	Industry, Manufacturing, Distribution Mining and Extractive Regional Business and Commercial Regional Cultural and Entertainment Solid Waste Facilities Correctional Institutions	M, SPI-AP-1, SPI-AP-2, SPI-AP-3, SPI-AP-4, SPI-AP-5, SPI-AP-V Additionally, PD, IPD, and TND districts permitting uses shown to the left*

 

*If multiple uses are permitted on a vacant parcel zoned PD, IPD, CPV, BMS or TND, the Intensity Group shall be determined by the least intensive use

Buffer Screening Matrix
Proposed Use Intensity Group	Abutting Use Intensity Group
	1	2	3	4	5	6
1	None	5′/A	20′/B	10′/A	20′/B	30′/C
2	5′/A	None	5′/A	10′/A	20′/B	30′/C
3	20′/B	5′/A	None	10′/A	20′/B	30′/C
4	10′/A	10′/A	10′/A	None	10′/A	20′/B
5	20′/B	20′/B	20′/B	10′/A	None	15′/B
6	30′/C	30′/C	30′/C	20′/B	15′/B	None

 

B.

Buffering of Certain Mobile Home Parks

For mobile home parks which received a final development order between December 21, 1966 and July 1, 1985, the following buffering and screening requirements shall apply:

1.

Wherever said parks abut residentially zoned single-family development, a five-foot buffer shall be required along side and rear lot lines.

2.

Within said buffer areas, screening shall be required as per 6.06.06 C 3.

3.

This requirement shall apply wherever said single-family development was in place as of March 9, 1993.

C.

Screening

1.

Screening shall be installed within the buffers required above. Screening shall not be over four feet tall in front yards, except as described in 6.06.00. In meeting the screening standards, it is recommended that staggered hedge row plantings be installed on three-foot centers to achieve the opacity indicated.

2.

The required height of screening material is an effective height as measured from the property line.

3.

Screening Standard "A".

Required screening shall consist of the following:

a.

Evergreen plants, at the time of planting, shall be six feet in height and provide an overall screening opacity of 75 percent; or

b.

A masonry wall six feet in height and finished on all sides with brick, stone or painted/pigmented stucco; or

c.

A solid wooden or PVC fence six feet in height (finished side out); or

d.

A berm in combination with 1, 2, or 3 above, to achieve a minimum height of six feet and 75 percent opacity at the time of installation; and

e.

Lawn, low growing evergreen plants, evergreen ground cover, or rock mulch covering the balance of the buffer.

4.

Screening Standard "B".

Required screening shall consist of the following:

a.

The requirements of Screening Standard "A"; and

b.

A row of evergreen shade trees which are not less than ten feet high at the time of planting, a minimum of two-inch caliper, and are spaced not more than 20 feet apart. The trees are to be planted within ten feet of the property line.

5.

Screening Standard "C".

Required screening shall consist of the following:

a.

A row of evergreen shade trees which are not less than ten feet high at the time of planting, a minimum of two-inch caliper, and are spaced not more than 20 feet apart. The trees are to be planted within ten feet of the property line; and

b.

A masonry wall six feet in height and finished on all sides with brick, stone or painted/pigmented stucco; and

c.

Lawn, low growing evergreen plants, evergreen ground cover, or rock mulch covering the balance of the buffer.

6.

Areas of Excessive Traffic or Noise. If proposed residential development is adjacent to an area of excessive traffic or noise, including a limited access highway, screening shall consist of the landscaping required per Screening Standard "B" above or a berm/planting combination, with the berm an average height of four feet and dense plantings which will, when combined with the berm, achieve a minimum height of eight feet and 75 percent opacity within two years of planting. If demonstrated that screening has been or will be provided by another entity to an equivalent or higher degree, the Administrator may waive any portion or all of these requirements. Furthermore, because of the extensive landscaping provided on the public right-of-way, properties abutting the Veterans Expressway are exempt from the provision of this Section.

7.

Open Storage.

a.

Open storage which constitutes the principal use of a site shall be considered a Group 6 use and the entire site shall be buffered in accordance with 6.06.06.A and 6.06.06.C of the Land Development Code.

b.

Open storage areas which are accessory to a principal use shall be screened from view of any street and from residentially zoned land as follows:

(1)

Where an open storage area is in view from a street, the method of screening shall consist of solid masonry walls, solid PVC fences or solid wooden fences at least six feet in height, or evergreen shrubs which at the time of installation shall be six feet in height and 75 percent opaque and shall grow to form a continuous hedge, with access from the street only through solid gates which shall be closed except when in use. Said screening shall extend interior to the site a minimum of 100 feet from the street property line or the entire depth of the open storage area, whichever is less, unless an existing permanent structure shields the storage area from public view.

(2)

Where an open storage area is in view from a residentially zoned district within 200 feet, the method of screening shall consist of solid PVC fences, solid wooden fences or solid masonry walls at least six feet in height, or evergreen shrubs which at the time of installation shall be six feet in height and 75 percent opaque and shall grow to form a continuous hedge. Said screening shall be installed along all boundaries of the storage area including internal boundaries, that are in view from the residential districts.

8.

Solid Waste Storage. All new buildings and uses, except for single-family and two-family dwellings, shall provide facilities for the central storage of solid waste within the lot. Where such facilities are provided outside of a building, they shall be screened from public rights-of-way and adjacent property by an enclosure constructed of materials compatible with the materials on the front building wall of the main building.

9.

Mechanical Equipment. All non-residential and non-agricultural uses shall screen all mechanical equipment, including rooftop equipment, such as but not limited to air conditioners, or pumps, from view from public places and neighboring properties. Ground level equipment shall be screened through the use of features such as berms, fences, false façades or dense landscaping. Rooftop equipment shall be screened through the use of a parapet wall or false façade that is an integral part of the structure.

10.

Screening above-ground utility appurtenances. All newly developed and redeveloped above ground utility appurtenances visible from the public right-of-way, including pedestals, utility meters, transformers, back-flow prevention devices, etc., shall be screened. Materials and earth tone colors for screening shall be compatible with the natural setting and surrounding structures. Chain link fencing alone shall not be considered as a screening mechanism.

a.

Screening mechanisms shall be reviewed during the following instances.

(1)

The consideration of such projects in the Capital Improvement Program (CIP) during project design;

(2)

The review of private development during construction site plan review; and

(3)

The review of right-of-way use permits.

b.

Screening plan requirements. The developer, permit applicant, etc., either public agency or private group, shall be required to submit, at the time of review, a screening plan to aesthetically disguise such devices from public view in the right-of-way or on private property visible from the right-of-way. The placement and screening of such devices shall take into account clear zones for vehicle recovery and sight distance.

(1)

When landscape screening is proposed, the screening plan shall be included in the landscape plan or include the same plan components.

(2)

When architectural screening is proposed, construction details must be submitted.

c.

Approval. Approval of a screening plan shall occur within the process of construction site plan approval or issuance of a right-of-way use permit. In case of disapproval of a permit for reasons of an unacceptable screening plan, the applicant may appeal the decision as provided by the review process to which the screening plan is submitted.

11.

Storm water ponds. Where fencing of a storm water pond is required by this Code and/or Storm Water Technical Manual and a chain link fence is utilized, the fence shall be clad in green or black vinyl and shall be a minimum of six feet in height. Additionally, the fence shall be landscaped with evergreen vines, such as Confederate Jasmine, Coral Honeysuckle or Beach Elder. The vines shall be planted along the entire length of the fence, excluding gates, no more than six feet apart on centers. The vines shall be in three gallon containers, at a minimum, at the time of planting and shall vegetate the fence to provide a minimum opacity of 75 percent of total fence area within two years of planting. These requirements shall also apply where a chain link fence is provided at the discretion of the developer around any storm water pond, except that fence height shall be regulated by Part 6.07.00 of this Code.

12.

Alternative Screening. In lieu of the above screening requirements, an applicant may submit an alternative screening plan that will protect adjacent properties and uses from undesirable views, lighting, noise, or other external impacts through techniques such as additional landscaping, berming, building relocations, modifications to mechanical equipment, changes in the circulation pattern, provision of open space, or modification of operational characteristics. The alternative plan shall afford screening, in terms of height, opacity and separation, equivalent to or exceeding that provided by the above requirements. Additionally, alternative screening proposed for storm water ponds shall provide equal or greater security and maintenance access as required fencing.

(Ord. No. 97-18, § 2, 12-18-97; Ord. No. 00-21, § 2, 5-18-00; Ord. No. 01-30, § 2, 11-15-01; Ord. No. 02-13, § 2, 8-1-02; Ord. No. 03-9, § 2, 6-5-03; Ord. No. 04-46, § 2, 11-4-04; Ord. No. 05-10, § 2, 6-16-05, eff. 10-1-05; Ord. No. 05-22, § 2, 11-17-05; Ord. No. 07-18, § 2, 7-19-07, eff. 10-1-07; Ord. No. 09-53, Item L, 6-11-09, eff. 10-1-09; Ord. No. 14-3, § 2(Exh. A), (Item IV-A), (13-0719), 1-30-14, eff. 2-6-14)