§ 24-5. Buffer yards.

The buffer yards prescribed in this section are intended to reduce, both visually and physically, the negative impacts generated by abutting uses. Buffer yards shall be located on the outer perimeter of a lot or parcel, extending to the parcel boundary. Buffer yards shall not be located on any portion of an existing or dedicated public or private street or right-of-way.

(a)

Buffer classifications:

(1)

Type A, opaque buffer. This buffer classification shall be used to separate heavy industrial (I-4 and M-1) uses from all residential uses. This buffer shall be completely opaque from the ground up to a height of at least eight (8) feet and shall be a minimum of fifty (50) feet wide. The type A buffer shall utilize a masonry wall.

(2)

Type B, opaque buffer. This buffer classification shall be used to separate community commercial (C-2) and general industrial (I-2, I-3 or I-5) uses from all residential uses. This buffer shall be completely opaque from the ground up to a height of at least six (6) feet and shall be a minimum of twenty-five (25) feet wide. The type B buffer may utilize a masonry wall, berm, planted and/or existing vegetation or any combination thereof which maintains a completely opaque buffer. This buffer must be four (4) feet high and seventy (70) percent opaque at planting and be capable of attaining full height and opacity within three (3) years.

(3)

Type C, opaque buffer. This buffer classification shall be used to separate neighborhood commercial (C-1) and light industrial (I-L) uses from all residential uses. This buffer shall be completely opaque from the ground up to a height of at least six (6) feet and shall be a minimum of fifteen (15) feet wide. The type C buffer may utilize a masonry wall, berm, planted and/or existing vegetation or any combination thereof which maintains a completely opaque buffer. This buffer must be three (3) feet high and fifty (50) percent opaque at planting and be capable of attaining full height and opacity within three (3) years.

(4)

Type D, opaque buffer. This buffer classification shall be used to separate professional office (P-O) uses from all residential uses. This buffer shall be completely opaque from the ground up to a height of at least six (6) feet and shall be a minimum of ten (10) feet wide. The type D buffer may utilize a masonry wall, berm, planted and/or existing vegetation or any combination thereof which maintains a completely opaque buffer. This buffer must be three (3) feet high and fifty (50) percent opaque at planting and be capable of attaining full height and opacity within three (3) years.

(5)

Type E, mobile home and RV park buffer. This buffer classification shall be used to separate mobile home and RV parks from all abutting uses. This buffer shall be twenty-five (25) feet wide. Where the park abuts an arterial highway, the buffer shall be fifty (50) feet wide. This buffer shall not be considered to be part of an abutting mobile home space, nor shall such buffer be used as part of the required recreation area or drainage system (ditch or canal). This buffer may utilize a masonry wall, berm, planted and/or existing vegetation or any combination thereof. This buffer must be at least five (5) feet in height and fifty (50) percent opaque within eighteen (18) months after installation.

(6)

Type F, residential subdivision buffer. See subdivision regulations (chapter 34, Orange County Code).

(b)

Shade trees. All buffers shall include one (1) shade tree for each forty (40) lineal feet or fraction thereof.

(c)

Decrease of widths, types B through E. Minimum buffer yard widths of types B through E may be decreased by twenty (20) percent if the buffer incorporates any of the following components:

(1)

Utilize plantings and berms to meet minimum buffer requirements.

(2)

Utilize plantings, berms and wall to meet minimum buffer requirements, where wall is combined with berm to meet minimum height requirements.

(3)

Utilize wall with plantings, where the plantings are parallel for at least seventy-five (75) percent of the linear length of the wall, and covers at least twenty-five (25) percent of the required buffer width.

(d)

Use of buffer yards. All of the buffer yard options may be counted toward zoning district yard setbacks and open space requirements. Passive recreational uses such as walkways, par courses, golf courses, bikeways and retention areas may be located within buffer yards to the extent they are allowed by zoning, provided that buffer yard width and screening requirements are maintained. The following uses are prohibited in buffer yards: playgrounds, swimming pools, tennis courts, vehicular use areas, storage or buildings.

(e)

Buffer yard maintenance. Buffer yards may be maintained as follows:

(1)

The buffer yards may be placed in common ownership of the property owners with maintenance by the property owners' association; or

(2)

The buffer yard may be placed on private property within a landscape buffer easement dedicated to the property owners' association, with maintenance provided by the property owners' association.

(Ord. No. 92-42, § 1, 12-15-92)