§ 34-266. Buffer areas

(a) For the purposes of this section, the term "buffer area" means that portion of a lot set aside for open space and/or visual screening purposes, pursuant to applicable provisions of this article, to separate different use districts and/or uses on one property from uses on another property of the same use district or a different use district. The buffer area shall be measured from the property line of the property on which the buffer is required.

(b) An adequate buffer strip of at least 50 feet in width shall be required and maintained between single-family conventional residential property in any zone and any area zoned other than R-1. Such buffer shall be constructed and/or maintained by the owner of the land zoned other than R-1 or A-1.

(c) An adequate buffer strip of at least 50 feet in width shall be required and maintained between any area zoned commercial, either C-1 or CN, and any residential property in any zone. Such buffer shall be constructed and/or maintained by the owner of the land zoned as commercial.

(d) A buffer of at least 50 feet in width shall be required and maintained between any recreational vehicle park and any residential property in any zone. Recreational vehicle park facilities that abut a national park or other historic site must maintain the appropriate buffer requirement, and screen and landscape the adjoining property lines to preserve and protect the historic or natural character of the area.

(e)

(1)

An adequate buffer strip of at least 50 feet in width shall be required and maintained between any area zoned industrial (I-1) and any other zone. Such buffer shall be constructed and/or maintained by the owner of the land zoned as industrial.

(2) Said buffer area may not be used for any parking or for the erection of any permanent structure thereon, except a fence, if desired. However, a buffer area may be used for vehicular access and utility easements and for drainage improvements required by the county, based upon competent engineering studies.

(3) Except as provided herein, the natural topography of the land shall be preserved and natural growth shall not be disturbed beyond that which is necessary to prevent a nuisance, or to thin such natural growth where too dense for normal growth, or to remove diseased, misshapen or dangerous and decayed timbers. However, a slope easement may be cleared and graded where required to prevent soil erosion upon approval of the county building inspector.

(f) A 400-foot buffer is required between the A-1 agriculture district and property zoned R-1, R-2, R-3, C-1 or CN. The buffer area shall be measured from the property line from which the buffer is required, and such buffer may be used for general or low intensity agricultural purposes, but may not be used for feedlot, poultry, hog and dairy operations.

(g) A buffer of at least 400 feet shall be required and maintained from any residential or commercial structure to the nearest point at which a feedlot, poultry, hog or dairy operation is taking place within an A-1 district. The buffer will be maintained by the owner of the land used for feedlot, poultry, hog or dairy operations; however, said buffer can be used for other general and low intensity agricultural uses. Buffer requirements under this subsection are applicable where the residential or commercial structure is in existence prior to the construction of the feedlot, poultry, hog or dairy operation.

(h) In the event a screen, wall, fence, planted dividing strip or any other type of buffer is required by this article for any use, such screen, wall, or other buffer will be subjected to periodic inspections by the office of planning and enforcement to determine that such required wall, fence, etc., is being properly maintained. Failure to maintain such required wall, fence, etc., to an acceptable standard may be deemed a violation of this section.

(Ord. of 7-20-1994, § 4.05)