Sec. 9.4. Project Boundary Buffers

9.4.1. Applicability

A. Rural, Suburban, and Urban Tiers

Project boundary buffers shall be required in the Rural, Suburban, and Urban Tiers, considering the proposed use and zoning district and the adjoining uses and zoning districts.

B. Compact Neighborhood Tier – Zoning Other than Design District

No project boundary buffers shall be required for property in the Compact Neighborhood Tier, unless the proposed project is adjacentClosed Property abutting directly on the boundary of, touching, or sharing a common point. to residential developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. or property with a residential designation in the Suburban or Urban Tiers, in which case, project boundary buffers shall be required only on the side of the project adjacentClosed Property abutting directly on the boundary of, touching, or sharing a common point. to such property in the other Tier.

C. Design Districts

1. No project boundary buffers shall be required for property in Design Districts, unless the proposed project is adjacentClosed Property abutting directly on the boundary of, touching, or sharing a common point. to a residential districtClosed Any zoning district with the "R" designation, (RR, RS-20, etc.), including the PDR District. or use in the Urban or Suburban Tier, or outside of Durham’s jurisdiction.

2. Where required, project boundary buffers in Design Districts shall be provided at 20% opacityClosed The surface area of a fence, wall or buffer that is impenetrable to light when viewed perpendicularly to the plane of the fence, wall or buffer. when adjacentClosed Property abutting directly on the boundary of, touching, or sharing a common point. to property within the Urban Tier and 40% opacityClosed The surface area of a fence, wall or buffer that is impenetrable to light when viewed perpendicularly to the plane of the fence, wall or buffer. when adjacentClosed Property abutting directly on the boundary of, touching, or sharing a common point. to property within the Suburban Tier or outside of Durham’s jurisdiction, in accordance with paragraph 9.4.5C, Urban and Compact Neighborhood Tiers.

3. When required, project boundary buffers shall be required only on the side of the project adjacentClosed Property abutting directly on the boundary of, touching, or sharing a common point. to such property in the other Tier or jurisdiction.

4. No buffers shall be required along rights-of-way in Design Districts regardless of their width.

D. Commercial Crop Production

No project boundary buffers shall be required for commercial cropClosed Cultivated plants or agricultural produce, such as but not limited to grain, vegetables, or fruit. production, except for permanent on-site sales facilities and associated vehicleClosed All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. use areas.

E. Adjacent to Design Districts

No project boundary buffers shall be required in a residential districtClosed Any zoning district with the "R" designation, (RR, RS-20, etc.), including the PDR District. or use adjacentClosed Property abutting directly on the boundary of, touching, or sharing a common point. to a Design District.

F. Internal to Development Plan Sites

No buffers are required internal to sites with a development planClosed A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance., except when a nonresidential component is constructed adjacentClosed Property abutting directly on the boundary of, touching, or sharing a common point. to, including any intervening right-of-wayClosed A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. or drivewayClosed A private roadway located on a parcel or lot used for vehicle access., an existing residential component. If a bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. is required:

1. Nonresidential sites consisting of developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. of 20,000 square feet or less with uses allowed in the CN district shall be considered CN for bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. purposes; or

2. In all other instances, the nonresidential site shall be considered CG for bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. purposes.

G. Along Rights-of-Way

1. A project boundary bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. is not required adjoining a street or railroad right-of-wayClosed A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. that is greater than 60 feet in width.

2. In the Suburban Tier, a project boundary bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. for a residential developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. is not required adjoining a street or railroad right-of-wayClosed A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. that is greater than 80 feet in width.

3. Notwithstanding the above allowances, buffers shall be provided for mass gradedClosed The grading of four acres or more at one time to prepare one or more lot(s) for construction. The phasing or staged grading of a project resulting in less than four acres in any given phase or stage shall not exclude the project from this definition. residential developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. in the Suburban Tier per paragraph 9.4.3C.6.

H. Same Use Category

Except for buffers required by paragraph 9.4.3C.6,no project boundary buffers shall be required between uses in the same top level UseClosed The purpose for which a building, structure, or area of land may be arranged or occupied or the activity conducted or proposed in a building, structure, or on an area of land. Category, categorized as follows:

1. Agricultural

2. Residential

3. Public and Civic

4. Commercial

5. OfficeClosed A room, group of rooms, or building whose primary use is the conduct of a business, professional service, or governmental activity of a non-retail nature; including administration, record keeping, clerical work, and similar functions. This definition is not meant to include manufacturing, processing, repair, or storage of materials or products.

6. Industrial

9.4.2. Designation and Location

Unless otherwise specified in this Ordinance, required project boundary buffers shall be provided along the perimeter of any lot or developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. and shall be designated and dimensioned on all site plansClosed An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. and preliminary platsClosed A map indicating the proposed layout of a development and related information that is submitted for preliminary review..

9.4.3. Standards

A. Opacity

1. The bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. standards in the table below address the opacityClosed The surface area of a fence, wall or buffer that is impenetrable to light when viewed perpendicularly to the plane of the fence, wall or buffer. of the bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. that is required on the property boundary between zoning districts, and in some instances within a zoning district.

2. An opacityClosed The surface area of a fence, wall or buffer that is impenetrable to light when viewed perpendicularly to the plane of the fence, wall or buffer. of 0.1 screensClosed The use of plant materials and other landscape or architectural elements used separately or in combination to obscure views. 10%, and an opacityClosed The surface area of a fence, wall or buffer that is impenetrable to light when viewed perpendicularly to the plane of the fence, wall or buffer. of 1.0 would fully screenClosed The use of plant materials and other landscape or architectural elements used separately or in combination to obscure views. the use from adjacentClosed Property abutting directly on the boundary of, touching, or sharing a common point. properties during summer months no more than five years after planting.

B. Project Boundary Buffer Table

ZONING DISTRICT OF ADJACENTClosed Property abutting directly on the boundary of, touching, or sharing a common point. PROPERTY

 

RR and PDR
in Rural Tier

RS-20, RS-10, RS-8 and
PDR in Suburban Tier

RU and PDR
in Urban Tier

RS-M, RU-M

RC

CI

CN

OI

SRP

SRP-C (County Only)

MU

UC

CG

CC

IL

IP

I

ZONING DISTRICT OF SUBJECT PROPERTY

RR and PDR in Rural Tier

0/

0

0/

.2

.2/

.6

.2/

.8

.2/

.8

0/

.2

.2/

.6

.2/

.6

.2/

.6

.2/

1.0

.2/

.6

.2/

.6

.2/

.8

.2/

.8

.2/

.8

.2/

.8

.2/

1.0

RS-20, RS-10, RS-8 and PDR in Suburban Tier

.2/

.2

0/

0

.2/

.4

.2/

.6

.2/

.6

0/

.2

.2/

.6

.2/

.6

.2/

.6

.2/

1.0

.2/

.6

.2/

.6

.2/

.8

.2/

.8

.2/

.8

.2/

.8

.2/

1.0

RU and PDR in Urban Tier

.4/

.6

.2/

.4

0/

0

.2/

.6

.2/

.6

0/

.2

.2/

.6

.2/

.6

.2/

.6

.2/

1.0

.2/

.6

.2/

.6

.2/

.8

.2/

.8

.2/

.8

.2/

.8

.2/

1.0

RS-M, RU-M

.6/

.8

.4/

.6

.4/

.6

.2/

.4

.2/

.4

0/

.2

.2/

.6

.2/

.6

.2/

.6

.2/

1.0

.2/

.6

.2/

.6

.2/

.8

.2/

.8

.2/

.8

.2/

.8

.2/

1.0

RC

.6/

.8

.4/

.6

.4/

.6

.2/

.4

0/

0

0/

.2

0/

0

.2/

.6

.2/

.6

.2/

1.0

.2/

.6

.2/

.6

.2/

.6

.2/

.6

.2/

.6

.2/

.6

.2/

1.0

CI

.2/

.2

.2/

.2

.2/

.2

.2/

.2

.2/

.2

0/

0

0/

0

0/

0

0/

0

0/

0

0/

0

0/

0

0/

0

0/

0

.2/

.4

.2/

.4

.2/

.4

CN

.4/

.6

.4/

.6

.4/

.6

.4/

.6

0/

0

0/

0

0/

0

0/

0

0/

0

.2/

.6

0/

0

0/

0

.2/

.6

.2/

.6

.2/

.6

.2/

.6

.2/

1.0

OI

.4/

.6

.4/

.6

.4/

.6

.4/

.6

.4/

.6

0/

0

0/

0

0/

0

0/

0

.2/

.6

0/

0

0/

0

.2/

.6

.2/

.6

.2/

.6

.2/

.6

.2/

1.0

SRP

.4/

.6

.4/

.6

.4/

.6

.4/

.6

.4/

.6

0/

0

0/

0

0/

0

0/

0

0/

0

0/

0

0/

0

.2/

.6

.2/

.6

.2/

.6

.2/

.6

.2/

1.0

SRP-C
(County Only)

.8/

1.0

.8/

1.0

.8/

1.0

.8/

1.0

.8/

1.0

0/

0

.4/

.6

.4/

.6

0/

0

0/

0

.4/

.6

.4/

.6

.2/

4

.2/

4

.2/

4

.2/

.4

.2/

1.0

MU

.4/

.6

.4/

.6

.4/

.6

.4/

.6

.4/

.6

0/

0

0/

0

0/

0

0/

0

.2/

.6

0/

0

0/

0

.2/

.6

.2/

.6

.2/

.6

.2/

.6

.2/

1.0

UC

.4/

.6

.4/

.6

.4/

.6

.4/

.6

.4/

.6

0/

0

0/

0

0/

0

0/

0

.2/

.6

0/

0

0/

0

.2/

.6

.2/

.6

.2/

.6

.2/

.6

.2/

1.0

CG

.6/

.8

.6/

.8

.6/

.8

.6/

.8

.4/

.6

0/

0

.4/

.6

.4/

.6

.4/

.6

.2/

.4

.4/

.6

.4/

.6

.2/

.4

.2/

.4

.2/

.4

.2/

.4

.2/

1.0

CC

.6/

.8

.6/

.8

.6/

.8

.6/

.8

.4/

.6

0/

0

.4/

.6

.4/

.6

.4/

.6

.2/

.4

.4/

.6

.4/

.6

.2/

.4

.2/

.4

.2/

.4

.2/

.4

.2/

1.0

IL

.6/

.8

.6/

.8

.6/

.8

.6

.8

.4/

.6

.2/

.4

.4/

.6

.4/

.6

.4/

.6

.2/

.4

.4/

.6

.4/

.6

.2/

.4

.2/

.4

.2/

.4

.2/

.4

.2/

1.0

IP

.6/

.8

.6/

.8

.6/

.8

.6/

.8

.4/

.6

.2/

.4

.4/

.6

.4/

.6

.4/

.6

.2/

.4

.4/

.6

.4/

.6

.2/

.4

.2/

.4

.2/

.4

.2/

.4

.2/

1.0

I

.8/

1.0

.8/

1.0

.8/

1.0

.8/

1.0

.8/

1.0

.2/

.4

.8/

1.0

.8/

1.0

.8/

1.0

.8/

1.0

.8/

1.0

.8/

1.0

.8/

1.0

.8/

1.0

.8/

1.0

.8/

1.0

.2/

.4

 

How to UseClosed The purpose for which a building, structure, or area of land may be arranged or occupied or the activity conducted or proposed in a building, structure, or on an area of land. this Table: The second number represents the Total BufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants., which normally occurs across the property line, with unequal responsibility for buffering on both sides of the line based on intensity of the use or district. Therefore:

1. The first number indicates the required opacityClosed The surface area of a fence, wall or buffer that is impenetrable to light when viewed perpendicularly to the plane of the fence, wall or buffer. when adjacentClosed Property abutting directly on the boundary of, touching, or sharing a common point. to undeveloped land.

2. The second number is the opacityClosed The surface area of a fence, wall or buffer that is impenetrable to light when viewed perpendicularly to the plane of the fence, wall or buffer. required when adjacentClosed Property abutting directly on the boundary of, touching, or sharing a common point. to a developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. without a bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants..

3. If a bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. exists on adjacentClosed Property abutting directly on the boundary of, touching, or sharing a common point. property, the required opacityClosed The surface area of a fence, wall or buffer that is impenetrable to light when viewed perpendicularly to the plane of the fence, wall or buffer. on the property to be developedClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. shall be the difference between the opacityClosed The surface area of a fence, wall or buffer that is impenetrable to light when viewed perpendicularly to the plane of the fence, wall or buffer. on the adjacentClosed Property abutting directly on the boundary of, touching, or sharing a common point. property from the total, or second, opacityClosed The surface area of a fence, wall or buffer that is impenetrable to light when viewed perpendicularly to the plane of the fence, wall or buffer. number.

4. A zero means no project boundary bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. is required.

Example: A new developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. in the CG District abutting a developedClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. RS District without a bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. would be required to provide a bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. with a total opacityClosed The surface area of a fence, wall or buffer that is impenetrable to light when viewed perpendicularly to the plane of the fence, wall or buffer. of .8 (80% opaque). If the adjacentClosed Property abutting directly on the boundary of, touching, or sharing a common point. RS property were undeveloped, the requirement would be reduced to .6 (60% opaque), and the developerClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. of the RS property would provide the remaining .2 (20%) at the time of developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. of the residential property.

C. Modifications of the Project Boundary Buffer Table

1. Multiplex and apartment developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. proposed in any district to be adjacentClosed Property abutting directly on the boundary of, touching, or sharing a common point. to single-familyClosed A residential use consisting of one dwelling unit per lot of record. As described in Sec. 7.1, Housing Types, includes: single-family detached house; zero lot line house; traditional house; or attached house. Not to include manufactured housing. or two-familyClosed A residential use consisting of two individual dwelling units on a single lot of record. This definition does not include a single-family dwelling with an accessory dwelling unit. developmentsClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. on other properties shall provide buffers in accordance with the provisions for RS-M if in the Suburban tier or RU-M in the Urban tier.

2. Nonresidential developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. proposed in a residential districtClosed Any zoning district with the "R" designation, (RR, RS-20, etc.), including the PDR District. to be adjacentClosed Property abutting directly on the boundary of, touching, or sharing a common point. to residential districtsClosed Any zoning district with the "R" designation, (RR, RS-20, etc.), including the PDR District. or residential developmentsClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. (except for upper storyClosed The horizontal division of a building made up of the space between two successive floors, or a floor and the roof. A level that is principally above ground, and not below grade, nor below street level, or within roofline, tower, or a roof deck. residential or with any intervening street or railroad right-of-wayClosed A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility.) on other properties, that would not otherwise require a bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants., shall provide buffers in accordance with the provisions of the CN District in determining bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. requirements. Principal uses listed in paragraph 5.2.4F, Parks and Open Areas, except playgroundsClosed A constructed area designated for play and recreation typically for children, surfaced with material recommended by the most current safety handbook published by the U.S. Consumer Product Safety Commission, and consisting of play structures and equipment, including but not limited to, slides, swings, rockers, and climbing apparatus. and zoos, are exempt from this requirement.

3. Nonresidential uses proposed next to property used for residential purposes, although nonresidentially zoned, shall provide a bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. along the side of the property adjoining the property used residentially equivalent to one-half of the bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. width that would have been required for property with a residential zoning designation within that Tier. Except for industrial uses, as an alternative to a bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants., a wall pursuant to paragraph 9.4.8, Walls, Berms and Fences in Buffers, may be provided.

4. The bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. requirement for a subject property zoned Industrial Light (IL) adjacentClosed Property abutting directly on the boundary of, touching, or sharing a common point. to property zoned Industrial (I), per the table in paragraph 9.4.3B, shall be 0.2/0.4 when the subject property is four acres or less in size.

5. Some uses may require additional buffering, as set forth in the specific use standards of Sec. 5.3, Limited UseClosed The purpose for which a building, structure, or area of land may be arranged or occupied or the activity conducted or proposed in a building, structure, or on an area of land. Standards.

6. For residential developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. utilizing mass gradingClosed The grading of four acres or more at one time to prepare one or more lot(s) for construction. The phasing or staged grading of a project resulting in less than four acres in any given phase or stage shall not exclude the project from this definition., a minimum opacityClosed The surface area of a fence, wall or buffer that is impenetrable to light when viewed perpendicularly to the plane of the fence, wall or buffer. of 0.6 shall be required, unless a greater opacityClosed The surface area of a fence, wall or buffer that is impenetrable to light when viewed perpendicularly to the plane of the fence, wall or buffer. is otherwise required.

7. Single-familyClosed A residential use consisting of one dwelling unit per lot of record. As described in Sec. 7.1, Housing Types, includes: single-family detached house; zero lot line house; traditional house; or attached house. Not to include manufactured housing. and two-familyClosed A residential use consisting of two individual dwelling units on a single lot of record. This definition does not include a single-family dwelling with an accessory dwelling unit. subdivisionClosed All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. in the RU-M district shall not require buffers adjacentClosed Property abutting directly on the boundary of, touching, or sharing a common point. to, or across right-of-wayClosed A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. from, RU-5 or RU-5(2) districts and single-familyClosed A residential use consisting of one dwelling unit per lot of record. As described in Sec. 7.1, Housing Types, includes: single-family detached house; zero lot line house; traditional house; or attached house. Not to include manufactured housing. or two-familyClosed A residential use consisting of two individual dwelling units on a single lot of record. This definition does not include a single-family dwelling with an accessory dwelling unit. developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. in the RU-M district.

D. Major Specimen Trees Protected

Existing major specimen trees located within a required project boundary bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. shall be surveyed and protected as described in paragraphs 8.3.5 and 9.3.2, Existing Trees. Removal of such trees is allowed only as required to provide access to the property.

E. Any developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. that is adjacentClosed Property abutting directly on the boundary of, touching, or sharing a common point. to property located in another jurisdiction shall provide a minimum of 0.6 (60%) opaque bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. per the Tier of the subject developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. site along the boundary that is adjacentClosed Property abutting directly on the boundary of, touching, or sharing a common point. to the other jurisdiction.

9.4.4. Natural Buffers

A. Natural Buffer Required

1. Existing healthy, natural forest cover and other vegetation shall be used to meet bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. requirements in the Rural and Suburban Tiers in the following instance:

a. Where a bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. with an opacityClosed The surface area of a fence, wall or buffer that is impenetrable to light when viewed perpendicularly to the plane of the fence, wall or buffer. of 0.6 or greater is required;

b. Where the existing tree cover exceeds 15 feet in height; and

c. Where the existing tree canopyClosed A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. covers at least 25% of the required bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. area.

2. The minimum width of a required natural bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. shall be 30 feet.

B. Natural Buffer as an Option

In the Urban Tier and in projects in the Rural and Suburban Tiers that do not require use of a natural bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants., a natural bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. can be employed. A minimum natural bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. width of 20 feet or the width required to satisfy paragraph 9.4.5, Constructed BufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants., whichever is greater, shall be required in these instances.

C. Tree Protection in Natural Buffers

In addition to the requirements of paragraph 8.3.2, Protection of Existing Vegetation, trees within natural buffers shall be protected as follows:

1. For the trees with a dbh of 30 inches or less, 75% of the tree protection zoneClosed The permeable land area around the base of a tree in which disturbances are prohibited in order to protect the roots of a tree and aid the trees survival. Tree protection zones are measured as the greater of: A.  Six-foot radius around the tree; or B.  One-foot radius for every inch of dbh. shall be undisturbed; and

2. For trees over 30 inches dbh, at least 90% of the tree protection zoneClosed The permeable land area around the base of a tree in which disturbances are prohibited in order to protect the roots of a tree and aid the trees survival. Tree protection zones are measured as the greater of: A.  Six-foot radius around the tree; or B.  One-foot radius for every inch of dbh. shall be undisturbed.

D. Additional Planting

If a natural bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. does not meet the opacityClosed The surface area of a fence, wall or buffer that is impenetrable to light when viewed perpendicularly to the plane of the fence, wall or buffer. standards required by paragraph 9.4.3B, Project Boundary BufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. Table, then additional native-species plant material, based upon the applicable planting table in paragraph 9.4.5, Constructed BufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants., shall be provided to meet those standards. Sampling of existing vegetation within a natural bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. pursuant to paragraph 9.3.3, Sampling, shall be required to determine if it meets this standard.

9.4.5. Constructed Buffer

A. Plant Units

The plant unitsClosed The measure of plant material required for 100 linear feet of buffer area to meet landscape requirements and ensure variety in buffer plantings. listed below shall be considered comparable, and therefore interchangeable, as set forth below.

1. The following plant unitClosed The measure of plant material required for 100 linear feet of buffer area to meet landscape requirements and ensure variety in buffer plantings. alternatives shall be used, unless otherwise specified in this Article, to satisfy the project boundary bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. requirements:

a. Alternative 1: Mixed Evergreen

b. Alternative 2: Deciduous

c. Alternative 3: Evergreen

d. Alternative 4: Overhead Utility

e. Alternative 5: Intense

2. Alternative 2, Deciduous, shall not be permitted adjacentClosed Property abutting directly on the boundary of, touching, or sharing a common point. to residential districtsClosed Any zoning district with the "R" designation, (RR, RS-20, etc.), including the PDR District. or uses unless employed with a wall pursuant to paragraph 9.4.8, Walls, Berms and Fences in Buffers.

3. Alternative 4, Overhead Utility, shall be permitted only where overhead utilities would conflict with the drip-line of canopyClosed A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. trees.

4. All shrubs used to meet plant unitClosed The measure of plant material required for 100 linear feet of buffer area to meet landscape requirements and ensure variety in buffer plantings. requirements shall be upright shrubs.

B. Rural and Suburban Tier

1. The bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. width and planting requirements in the table below shall be used to meet the opacityClosed The surface area of a fence, wall or buffer that is impenetrable to light when viewed perpendicularly to the plane of the fence, wall or buffer. standards established in paragraph 9.4.3, Standards. UseClosed The purpose for which a building, structure, or area of land may be arranged or occupied or the activity conducted or proposed in a building, structure, or on an area of land. of the interactive bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. model established is allowed pursuant to paragraph 9.4.7, Interactive BufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. Model, and where the slope of the bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. is at least 15%, in which case the requirements of paragraph 9.4.5D, Existing Slope Impacts, shall be applied.

RURAL AND SUBURBAN TIERS

OpacityClosed The surface area of a fence, wall or buffer that is impenetrable to light when viewed perpendicularly to the plane of the fence, wall or buffer.

Min. Width

Alternative 1

Mixed Evergreen

Alternative 2

Deciduous

Alternative 3

Evergreen

Alternative 4

Overhead Utility

Plant Material Required Per 100 Linear Feet

0.2

10 feet

1 Deciduous CanopyClosed A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. Tree

2 Deciduous CanopyClosed A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. Trees

0 Deciduous CanopyClosed A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. Tree

0 Deciduous CanopyClosed A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. Tree

0 Evergreen CanopyClosed A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. Tree

0 Evergreen CanopyClosed A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. Tree

2 Evergreen CanopyClosed A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. Trees

0 Evergreen CanopyClosed A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. Tree

1 Deciduous Understory Tree

2 Deciduous Understory Trees

0 Deciduous Understory Tree

3 Deciduous Understory Trees

2 Evergreen Understory Trees

0 Evergreen Understory Tree

3 Evergreen Understory Trees

2 Evergreen Understory Trees

13 Shrubs

12 Shrubs

13 Shrubs

10 Shrubs

0.4

20 feet

3 Deciduous CanopyClosed A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. Trees

4 Deciduous CanopyClosed A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. Trees

0 Deciduous CanopyClosed A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. Tree

0 Deciduous CanopyClosed A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. Tree

1 Evergreen CanopyClosed A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. Tree

0 Evergreen CanopyClosed A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. Tree

4 Evergreen CanopyClosed A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. Trees

0 Evergreen CanopyClosed A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. Tree

2 Deciduous Understory Trees

6 Deciduous Understory Trees

0 Deciduous Understory Tree

7 Deciduous Understory Trees

5 Evergreen Understory Trees

0 Evergreen Understory Tree

9 Evergreen Understory Trees

5 Evergreen Understory Trees

40 Shrubs

38 Shrubs

38 Shrubs

30 Shrubs

0.6

30 feet

6 Deciduous CanopyClosed A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. Trees

7 Deciduous CanopyClosed A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. Trees

0 Deciduous CanopyClosed A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. Tree

0 Deciduous CanopyClosed A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. Tree

1 Evergreen CanopyClosed A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. Tree

0 Evergreen CanopyClosed A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. Tree

7 Evergreen CanopyClosed A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. Trees

0 Evergreen CanopyClosed A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. Tree

4 Deciduous Understory Trees

10 Deciduous Understory Trees

0 Deciduous Understory Tree

12 Deciduous Understory Trees

9 Evergreen Understory Trees

0 Evergreen Understory Tree

16 Evergreen Understory Trees

9 Evergreen Understory Trees

70 Shrubs

67 Shrubs

68 Shrubs

53 Shrubs

0.8

50 feet

6 Deciduous CanopyClosed A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. Trees

8 Deciduous CanopyClosed A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. Trees

0 Deciduous CanopyClosed A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. Tree

0 Deciduous CanopyClosed A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. Tree

1 Evergreen CanopyClosed A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. Tree

0 Evergreen CanopyClosed A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. Tree

8 Evergreen CanopyClosed A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. Trees

0 Evergreen CanopyClosed A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. Tree

4 Deciduous Understory Trees

11 Deciduous Understory Trees

0 Deciduous Understory Tree

13 Deciduous Understory Trees

10 Evergreen Understory Trees

0 Evergreen Understory Tree

17 Evergreen Understory Trees

10 Evergreen Understory Trees

77 Shrubs

73 Shrubs

74 Shrubs

58 Shrubs

1.0

80 feet

7 Deciduous CanopyClosed A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. Trees

10 Deciduous CanopyClosed A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. Trees

0 Deciduous CanopyClosed A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. Tree

0 Deciduous CanopyClosed A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. Tree

1 Evergreen CanopyClosed A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. Tree

0 Evergreen CanopyClosed A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. Tree

10 Evergreen CanopyClosed A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. Trees

0 Evergreen CanopyClosed A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. Tree

5 Deciduous Understory Trees

13 Deciduous Understory Trees

0 Deciduous Understory Tree

16 Deciduous Understory Trees

12 Evergreen Understory Trees

0 Evergreen Understory Tree

20 Evergreen Understory Trees

12 Evergreen Understory Trees

85 Shrubs

80 Shrubs

83 Shrubs

65 Shrubs

 

2. When proposed residential units adjoin an active agricultural use, the minimum bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. width shall be 50 feet, with a minimum opacityClosed The surface area of a fence, wall or buffer that is impenetrable to light when viewed perpendicularly to the plane of the fence, wall or buffer. of 0.2.

3. BufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. widths can be reduced by up to 25% through the incorporation of a wall or berm pursuant to paragraph 9.4.8, Walls, Berms and Fences in Buffers. Application of this reduction in width shall provide a corresponding reduction in the number of required shrubs.

C. Urban, Compact Neighborhood, and Downtown Tiers

1. The bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. width and planting requirements in the table below shall be used to meet the opacityClosed The surface area of a fence, wall or buffer that is impenetrable to light when viewed perpendicularly to the plane of the fence, wall or buffer. standards established in paragraph 9.4.3, Standards, for the Urban Tier and those areas of the Downtown and Compact Neighborhood Tiers that adjoin developmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. in the Urban or Suburban Tiers and the opacityClosed The surface area of a fence, wall or buffer that is impenetrable to light when viewed perpendicularly to the plane of the fence, wall or buffer. standards established in paragraph 9.4.1C for Design districts.

 

URBAN, COMPACT, AND DOWNTOWN TIERS

OpacityClosed The surface area of a fence, wall or buffer that is impenetrable to light when viewed perpendicularly to the plane of the fence, wall or buffer.

Min. Width

Alt. 1

Mixed Evergreen

Alt. 2

Deciduous

Alt. 3

Evergreen

Alt. 4

Overhead Utility

Alt. 5

Intense

Plant Material Required Per 100 Linear Feet of BufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants.

0.2

10 feet

1 Deciduous CanopyClosed A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. Tree

1 Deciduous CanopyClosed A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. Tree

0 Deciduous CanopyClosed A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. Tree

0 Deciduous CanopyClosed A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. Tree

 

1 Evergreen CanopyClosed A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. Tree

0 Evergreen CanopyClosed A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. Tree

1 Evergreen CanopyClosed A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. Tree

0 Evergreen CanopyClosed A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. Tree

1 Deciduous Understory Tree

1 Deciduous Understory Tree

0 Deciduous Understory Tree

2 Deciduous Understory Trees

1 Evergreen Understory Tree

0 Evergreen Understory Tree

2 Evergreen Understory Trees

1 Evergreen Understory Tree

3 Shrubs

4 Shrubs

4 Shrubs

1 Shrub

0.4

15 feet

2 Deciduous CanopyClosed A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. Trees

4 Deciduous CanopyClosed A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. Trees

0 Deciduous CanopyClosed A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. Tree

0 Deciduous CanopyClosed A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. Tree

 

1 Evergreen CanopyClosed A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. Tree

0 Evergreen CanopyClosed A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. Tree

3 Evergreen CanopyClosed A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. Trees

0 Evergreen CanopyClosed A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. Tree

2 Deciduous Understory Trees

3 Deciduous Understory Trees

0 Deciduous Understory Tree

5 Deciduous Understory Trees

3 Evergreen Understory Trees

0 Evergreen Understory Tree

5 Evergreen Understory Trees

3 Evergreen Understory Trees

9 Shrubs

14 Shrubs

12 Shrubs

3 Shrubs

0.6

20 feet1

4 Deciduous CanopyClosed A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. Trees

7 Deciduous CanopyClosed A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. Trees

0 Deciduous CanopyClosed A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. Tree

0 Deciduous CanopyClosed A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. Tree

2 Deciduous CanopyClosed A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. Trees

1 Evergreen CanopyClosed A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. Tree

0 Evergreen CanopyClosed A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. Tree

6 Evergreen CanopyClosed A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. Trees

0 Evergreen CanopyClosed A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. Tree

4 Evergreen CanopyClosed A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. Trees

3 Deciduous Understory Trees

5 Deciduous Understory Trees

0 Deciduous Understory Tree

9 Deciduous Understory Trees

2 Deciduous Understory Trees

5 Evergreen Understory Trees

0 Evergreen Understory Tree

9 Evergreen Understory Trees

5 Evergreen Understory Trees

0 Evergreen Understory Tree

18 Shrubs

27 Shrubs

24 Shrubs

5 Shrubs

19 Shrubs

 

 

 

 

6-Foot Wall 2

0.8

22.5 feet

 

0 Deciduous CanopyClosed A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. Tree

3 Deciduous CanopyClosed A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. Trees

0 Evergreen CanopyClosed A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. Tree

5 Evergreen CanopyClosed A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. Trees

13 Deciduous Understory Trees

3 Deciduous Understory Trees

7 Evergreen Understory Trees

0 Evergreen Understory Tree

7 Shrubs

28 Shrubs

6-Foot Wall 2

6-Foot Wall 2

1.0

37.5 feet

 

0 Deciduous CanopyClosed A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. Tree

4 Deciduous CanopyClosed A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. Trees

0 Evergreen CanopyClosed A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. Tree

6 Evergreen CanopyClosed A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. Trees

13 Deciduous Understory Trees

4 Deciduous Understory Trees

7 Evergreen Understory Trees

0 Evergreen Understory Tree

7 Shrubs

31 Shrubs

6-Foot Wall 2

6-Foot Wall 2

1 UseClosed The purpose for which a building, structure, or area of land may be arranged or occupied or the activity conducted or proposed in a building, structure, or on an area of land. of the Intense BufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. will permit reduction of bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. width up to 25%.

2 A solid hedge composed of a minimum of 40 evergreen understory trees per 100 linear feet can be substituted for a 6-foot wall.

 

2. The interactive bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. model established pursuant to paragraph 9.4.7, Interactive BufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. Model, shall be permitted to calculate acceptable reductions in bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. width or variable mixes of plant unitsClosed The measure of plant material required for 100 linear feet of buffer area to meet landscape requirements and ensure variety in buffer plantings.. The model can also be used when the slope of the bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. is at least 15%, as set forth in paragraph 9.4.5D, Existing Slope Impacts.

3. For projects within the CI District and Design Districts, an alternative to project boundary buffers shall be permitted with the following provisions:

a. A solid hedge composed of a minimum of 40 evergreen understory trees per 100 linear feet, with a minimum height of six feet at time of planting; or

b. A wall pursuant to paragraph 9.4.8, Walls, Berms and Fences in Buffers, is provided so long as any wall that is a structural part of a buildingClosed As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. may only be used if there is no glazingClosed The portion of the building façade or external materials which are composed of glass or similar material. Glazing calculations include the glass used in the doors and windows of the building. in the wall.

4. For projects within the Urban Tier, CI District, and Design Districts, no bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. shall be required for projects on lots less than 20,000 square feet, except for Industrial uses, which shall provide buffers pursuant to Section 9.4, Project Boundary Buffers.

D. Existing Slope Impacts

Existing slopes shall be considered those that are naturally occurring and not created through the gradingClosed A land disturbing activity that modifies the contours of the land. of the site.

Commentary: Proposed projects may require more than one type of bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants.. For example, a project site might include a modest slope along the southern property line (requiring a flat land bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants.) and a 20% hill on the northern property line (requiring an Upslope BufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants.).

1. Buffers with at Least 15% Slope
a. General

(1) BufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. design changes depending on the degree of slope and whether the property being developedClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. is up or down slope from the property being protected.

(2) On slopes of at least 15% but less than 25%, for each 100 feet of bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. section length, an upslope or downslope bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. shall be required.

(3) On slopes of least 25% for each 100 feet of bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. section length, a steep slope bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. shall be required.

(4) Sloped bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. areas less than 100 feet in length, as measured parallel to the property line, and with less than five feet of difference in elevation between the project site and the adjacentClosed Property abutting directly on the boundary of, touching, or sharing a common point. property shall be considered flat lands and be exempt from providing slope buffers.

b. Downslope Buffer

(1) Where the area containing the bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. slopes down from the adjacentClosed Property abutting directly on the boundary of, touching, or sharing a common point. property line toward the interior of the project at a slope of at least 15% but less than 25%, the bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. may be less effective because roof areas may be exposed (the adjacentClosed Property abutting directly on the boundary of, touching, or sharing a common point. property looks down onto the proposed site). In such cases, a steep slope bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. retaining the forest cover, or a standard project boundary bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. can be used bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants..

(2) If a constructed bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. is to be provided, 60% of the bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. width (starting at the property line) shall be gradedClosed A land disturbing activity that modifies the contours of the land. to a slope of less than 15% with the adjacentClosed Property abutting directly on the boundary of, touching, or sharing a common point. land. The fill shall return to gradeClosed A land disturbing activity that modifies the contours of the land. at a slope not to exceed 1:3 (33%). This may require a wider bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. to accommodate the fill. The interactive bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. model established pursuant to paragraph 9.4.7, Interactive BufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. Model, shall be used to determine whether the bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. achieves the required opacityClosed The surface area of a fence, wall or buffer that is impenetrable to light when viewed perpendicularly to the plane of the fence, wall or buffer..

c. Upslope Buffers

(1) Where the area containing the bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. slopes up from the adjacentClosed Property abutting directly on the boundary of, touching, or sharing a common point. property line toward the interior of the project site at a slope of at least 15% but less than 25%, the bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. may be more effective due to the masking potential of the slope. In such cases, a standard project boundary bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants., a steep slope bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants., or the interactive bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. model established pursuant to paragraph 9.4.7, Interactive BufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. Model can be utilized.

2. Steep Slope Buffer (Slope at least 25%)
a. Tree Covered Slopes

If a bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. area has a slope of at least 25% and tree coverage meeting the standards of paragraph 8.3.1D, Preserved Tree Coverage, exists on the site, the slope area shall be assumed to meet the requirements of a natural bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. with no healthy trees or shrubs removed and no gradingClosed A land disturbing activity that modifies the contours of the land. or clearing permitted.

b. Slopes with Minimal Tree Coverage

If a bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. area has a slope of at least 25% but lacks the tree cover as specified above, then tree replacement pursuant to paragraph 8.3.1E, Replacement Tree Coverage, shall be required, except that:

(1) No trees greater than two inches caliperClosed The diameter of plant material, measured at six inches above grade for calipers of up to four inches, and 12 inches above grade for larger calipers. shall be planted; and

(2) A minimum of ten understory trees shall be provided per acre.

E. Buffer Width Modification

BufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. width shall normally be calculated as perpendicular to the property line, however, width modifications are allowed and shall be calculated based on the average width of the bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. per 100 feet or portion thereof.

1. In no case shall the minimum width of the bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. be less than one-half the required width.

2. The maximum width, for the purposes of installing required landscaping or receiving credit for existing vegetation, shall not be more than one and one-half times the required bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. width.

9.4.6. Off-Site Vegetation

A. Existing plant material on adjacentClosed Property abutting directly on the boundary of, touching, or sharing a common point. property can be credited toward bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. requirements, provided that such material is in a permanently protected area such as a conservation easementClosed A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes. or similarly preserved area.

B. Plant material, either existing or proposed, on an adjacentClosed Property abutting directly on the boundary of, touching, or sharing a common point. property can be credited toward bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. requirements through use of a landscape easementClosed A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes..

9.4.7. Interactive Buffer Model

A. Alternative Buffers Permitted

To allow flexibility in bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. design, the interactive bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. model, maintained by the Planning Director or designee, can be used to create a bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. meeting or exceeding the opacityClosed The surface area of a fence, wall or buffer that is impenetrable to light when viewed perpendicularly to the plane of the fence, wall or buffer. standards using a variety of widths, plant material, walls or berms under the following circumstances:

1. In the Downtown, Compact Neighborhood, and Urban Tiers, the interactive bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. model can be used; however, no alternative bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. shall be permitted to be less than one-half the minimum width shown in the tables in paragraph 9.4.5C, Urban, Compact Neighborhood, and Downtown Tiers, above.

2. In the Rural and Suburban Tiers, the interactive bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. model can be used under the following conditions:

a. Where the slope of the bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. exceeds 15%; or

b. Where an existing conditionClosed Conditions that exist at time of plan or plat submittal. prevents applying the minimum required width, and limited to the section where the condition exists.

B. Settings of the Model

Settings for the interactive bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. model are maintained at the officesClosed A room, group of rooms, or building whose primary use is the conduct of a business, professional service, or governmental activity of a non-retail nature; including administration, record keeping, clerical work, and similar functions. This definition is not meant to include manufacturing, processing, repair, or storage of materials or products. of the Planning Department. Model settings can be obtained upon request at the Planning Department during normal business hours.

9.4.8. Walls, Berms and Fences in Buffers

Where walls, berms or fences are built within any required project boundary bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants., they shall meet the following requirements:

A. Walls

1. Walls located within a bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. can be used to permit a reduction the bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. width pursuant to paragraph 9.4.5, Constructed BufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants..

2. All walls, when located within a bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants., shall have planted on the side facing the adjacentClosed Property abutting directly on the boundary of, touching, or sharing a common point. property with at least one upright shrub for every six feet of wall length. These shrubs can be counted towards meeting the opacityClosed The surface area of a fence, wall or buffer that is impenetrable to light when viewed perpendicularly to the plane of the fence, wall or buffer. requirement for the bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants..

3. Where shrubs are planted adjacentClosed Property abutting directly on the boundary of, touching, or sharing a common point. to a wall, the minimum distance between the wall and the property line shall be four feet.

4. The applicant shall be required to demonstrate provision for access and maintenance of landscaping and the wall structureClosed A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. at the time of landscape plan approval.

5. Walls used within the CI District in lieu of a required bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. width shall be permitted, with the following provisions:

a. The wall shall have a height of eight feet; and

b. The wall is not within sight distance triangle(s).

6. Within the CI District and Design Districts, no project boundary bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. shall be required when the adjoining lot has a wall included as part of a required bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants., the wall is located within five feet of the property line, and a recorded easementClosed A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes. exists for the wall and bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants..

7. Walls used within Design Districts in lieu of a required bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. width shall be permitted, with the following provisions:

a. The wall shall have a minimum height of six feet;

b. A minimum of one upright, evergreen shrub shall be installed per four linear feet along the side of the wall facing off-site; and

c. The wall is not within sight distance triangle(s).

8. Walls shall comply with the height requirements pursuant to Sec. 9.9, Fences and Walls, except that walls located outside of areas that qualify as street frontageClosed The boundary of a property adjacent to one side of a street. shall be a minimum height of six feet.

B. Berms

1. Berms located within a bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. can be used to permit a reduction in bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. width in the Suburban and Rural Tiers.

2. The minimum height shall be four feet.

3. Berms shall have side slopes of not less than three feet horizontal for each one foot vertical and a minimum crown width of two feet. Prior to issuance of the first certificate of complianceClosed A statement, signed by an administrative officer, setting forth that a building, structure, or use complies with this Ordinance and Building Codes and that the same may be used for the purposes stated on the permit., berms shall be planted to ensure coverage by live plant material within five years.

C. Fences

1. No reduction in bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. width shall be provided based on the provision of a fence.

2. Fences shall be maintained in a structurally safe and attractive condition and with finished faces and plantings located towards the adjacentClosed Property abutting directly on the boundary of, touching, or sharing a common point. property with at least one upright shrub for every six linear feet of fence length.

9.4.9. Separate Parcels for Stormwater Management

Where a separate legal parcelClosed See “Lot of record.” is permitted for stormwaterClosed The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. management, buffers consistent with those required for the remainder of the project shall be required, except that if the stormwaterClosed The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. parcelClosed See “Lot of record.” adjoins a street or railroad right-of-wayClosed A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. 50 feet or less in width, a bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. with a minimum opacityClosed The surface area of a fence, wall or buffer that is impenetrable to light when viewed perpendicularly to the plane of the fence, wall or buffer. of 0.2 shall be required and planted in accordance with the Public Works Department’s Reference Guide for DevelopmentClosed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land..

9.4.10. Permitted Activity Within Project Boundary Buffers

A. Vehicular and pedestrian passageways such as drivewaysClosed A private roadway located on a parcel or lot used for vehicle access., railroad right-of-wayClosed A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility., and bicycle and pedestrian paths, and utilities can cross a project boundary bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants., provided they cross at a maximum of 15 degrees from perpendicular.

B. StormwaterClosed The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. management facilities can be located in a bufferClosed A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. provided that an upland area that meets or exceeds the opacityClosed The surface area of a fence, wall or buffer that is impenetrable to light when viewed perpendicularly to the plane of the fence, wall or buffer. requirements of paragraph 9.4.3, Standards, is provided.