§ 3-9-100.1. Buffers.

(a)

Applicability.

(1)

The requirements of this section shall apply to all new development.

(2)

Whenever additions to existing buildings, structures, or parking are constructed, the requirements of this section apply if:

a.

The square footage of the addition(s) exceeds fifty (50) percent of the square footage of the existing improvement(s), or

b.

The estimated cost of the addition(s) or improvement(s) exceeds fifty (50) percent of the appraised value of the existing improvement(s).

c.

Whenever the application of the strict requirements of this section to the renovation, restoration, reuse, or rehabilitation of property developed prior to June 20, 2001, will result in the loss of other site improvements required by this Code, the zoning official or his/her designee may approve a site-specific buffer plan which best meets the purpose and intent of these buffer requirements.

(b)

Exemptions.

(1)

Private recreational facilities constructed for use by the residents of a development when the facility is located in the interior of the development.

(2)

Buildings and structures for emergency and essential services, as determined by the board of county commissioners (BCC) its discretion.

(3)

Property which is separated from the adjacent property by more than two hundred (200) feet of waterway, right-of-way, greenbelt, drainage facility, or combination thereof, is exempt from the required zoning buffer, but not from perimeter landscape strips, as applicable.

(c)

Types of buffering.

(1)

The minimum buffer requirements pursuant to this section shall be as provided in Exhibit 3: Buffer Type Illustrations, unless otherwise specifically provided in this section.

(2)

Greenbelts, easements, native shoreline and riparian vegetation may be used to satisfy the requirements of this section if:

a.

The plant materials and density comply or can be altered to comply with the requirements of this section;

b.

The greenbelt, easement, native shoreline or riparian vegetation can be maintained in accordance with the provisions of this section; and

c.

The applicant provides written authorization from all persons or entities having an ownership interest in the greenbelt, easement, native shoreline or riparian vegetation for the use and maintenance of the area as a buffer.

(3)

On-site plantings outside the required buffer area may be used to satisfy the requirements of this section to the extent that the plantings are located within the distance of three (3) times the width of the required buffer measured from the closest edge of a required buffer location.

(4)

Mangroves growing below the mean high water line, or waterward of a seawall or bulkhead, may be used to satisfy the requirements of this section, provided:

a.

Such mangroves are under the ownership and control of the owner of the site being developed, or

b.

The applicant has provided to the department the written consent of the owner of the site on which the mangroves are located, or authorized representative thereof, to the use of the mangroves as an off-site buffer.

c.

The canopies of the mangrove trees extend to no less than six (6) feet above the final graded elevation of the portion of the property on which the buffer is established.

(d)

Special provisions.

(1)

The perimeter of all outdoor storage yards shall be buffered with a Type D buffer regardless of the width of any adjacent road or easement. These buffer requirements may be reduced to Type B on interior lot lines abutting IG or II zoning districts.

(2)

The buffering required by this section shall be included in all planned developments (PD), as determined as part of the PD rezoning process.

(3)

The requirements of this section shall apply to property being used under the authority of a special exception. The type of buffering required will be established as a part of the special exception process.

(4)

Land uses for which a buffer type is not specifically provided for in this section shall be buffered at the level most likely to achieve the stated purpose of this division at the discretion of the zoning official or his/her designee.

(e)

Installation standards.

(1)

Buffers areas shall be placed adjacent to the lot lines except:

a.

Where necessary to avoid obstructions within the sight triangle;

b.

At approved ingress and egress lanes;

c.

Where easements or covenants regarding the use of the land prohibit such placement; or

d.

Where natural features of the land prevent such placement.

(2)

Buffer areas may not be located on any portion of an existing or dedicated right-of-way or roadway easement.

(3)

No development or impervious surface is permitted within the required buffer.

(4)

No grading, development, or land-disturbing activities are permitted within the buffer unless approved by the department.

(5)

Stormwater detention or treatment areas may not occupy more than fifty (50) percent of the width of the buffer; provided however that this restriction does not apply to parcels less than or equal to ten thousand (10,000) square feet.

(6)

Buffer areas may be used for passive recreation, sitting areas, and pedestrian and bicycle paths, provided, in the case of paths, that the width of the buffer is increased by the width of the path wherever the path is located and all other requirements of this section are met.

(7)

Buffer areas may be used for utility placement but only if:

a.

No canopy tree will be displaced or damaged by the installation or maintenance of the utility; and

b.

The applicant has produced written evidence that the utility has granted authority for such use;

(8)

Buffers must be maintained in compliance with this section.

(9)

Plants and trees shall be installed in a uniform manner as depicted on the approved landscape plan.

(10)

Retaining existing native trees and vegetation within a buffer is encouraged unless a grade change exceeding six (6) inches is required.

(11)

All prohibited plant species identified as category I invasive species in the most recent edition of the Florida Exotic Pest Plant Council's List of Invasive Plant Species must be removed from the developed site during development or phase thereof.

(12)

Existing native trees listed in Exhibit 8: List of Approved Tree Species, may be used to meet the buffer plant material requirements if properly preserved as provided in section 3-9-100.3, tree requirements.

(13)

Berms must be graded to appear smooth, rounded and natural; slopes must not exceed a slope ratio of 3:1.

(14)

Whenever a berm wall is required, the wall shall be located between the berm and the higher intensity use. Berm walls required by this section are exempt from zoning setbacks requirements.

(15)

The finished side of the fence or wall required by this section, and at least seventy-five (75) percent of the required plant material, shall face the property zoned or used for less intensive uses.

(16)

Fences and walls used to meet buffering requirements shall be:

a.

A minimum of six (6) feet in height from finished grade;

b.

Opaque;

c.

Decorative; and

d.

Be made of one (1) of the following: concrete aggregate, stucco finish (either painted or colored), brick, stone, wood, vinyl, or plastic.

(17)

For the purpose of use within required buffers, chain link fences and walls constructed of bare concrete block, even if painted, are prohibited.

(18)

Gates are allowed in fences and walls, provided such gates are opaque and remain closed when not in use.

(19)

Walls and fences may be constructed in separate segments provided all other provisions of this section are met.

(20)

In order to reduce a "walled in" effect, a hedge planted and maintained at a minimum of four (4) feet in height may be substituted for a required fence or wall when the required buffer faces a road.

Exhibit 2: Table of Minimum Buffer Requirements

		Abutting Zone/Use
		RSF RE AG	RMF RMF-T	MHC	MHP	RVP	OMI	CG CN CT CHNBR CHMU	IG	II
	Environmentally Sensitive (ES)	—	—	—	—	—	—	—	—	—
Developing Lot(s) Zone/Use	Single-Family Residential (RSF) Residential Estate (RE) Agriculture (AG) Excavation and Mining (EM) ***	—	—	—	—	—	—	—	—	—
	Bridgeless Barrier Island (BBI)	—	—	—	—	—	—	—	—	—
	Manufactured Home Conventional (MHC)	—	—	—	—	—	—	—	—	—
	Residential Multi-Family (RMF) Residential Multi-Family Tourist (RMF-T)	A	—	A	—	—	—	—	—	—
	Manufactured Home Park (MHP)	B	A	B	—	—	—	—	—	—
	Recreational Vehicle Park (RVP)	C	B	C	B	—	—	—	—	—
	Office Medical and Institutional (OMI)	C	B	C	C	B	—	—	—	—
Developing Lot(s) Zone/Use	Commercial General (CG) Commercial Neighborhood (CN) Commercial Tourist (CT) Charlotte Harbor Neighborhood Business Residential (CHNBR) Charlotte Harbor Mixed Use (CHMU)	C	C	C	C	B	A	—	—	—
	Industrial General (IG)	D	D	D	D	C	C	A	—	—
	Industrial Intensive (II)	D	D	D	D	D	D	C	A	—
	Parks and Recreations (PKR)/Preserve/Mitigation Lands and Passive Use Parks	—	—	—	—	—	—	—	—	—
	Active Use Parks *	C	B	C	C	B	A	—	—	—
	Emergency and Essential Services **	B	A	B	A	A				—
	Towers *	D	C	D	D	C	C	B	A	A
	Storage Yards *	D	D	D	D	D	D	D	B	B
	A specific buffer requirement may be waived in cases where the developing property will be developed with a use that is less intense than the abutting zoning, provided that such determination shall be made by the zoning official or his/her designee. *  Regardless of zoning. **  Buildings and structures for emergency and essential services as determined by the board of county commissioners. ***  See earthmoving code (chapter 3-5, article XXIII) for standards and requirements.

 

Exhibit 3: Buffer Type Illustrations

Exhibit 4: Berms, Berm Walls, and Fences Illustrations

(Ord. No. 2015-018, § 1(Exh. A), 4-28-15; Ord. No. 2015-055, § 1(Exh. A), 12-8-15)