ARTICLE II. GENERAL REGULATIONS

Sec. 24.1-243. Transitional buffers.

(a) Buffer types. Transitional buffers of the following types shall be provided in the situations identified by the entries in the table contained in section 24.1-243(b) below. Where there is no entry for a particular combination of districts, no transitional buffer shall be required. The layout, design, and arrangement of the pre-scribed numbers and types of landscape materials shall be in accordance with the provisions of section 24.1-242 of this chapter. Plants shall be positioned to achieve the greatest benefit in terms of buffering the views of adjacent and potentially incompatible uses. The use of staggered double rows of plant materials is encouraged as a technique to achieve maximum screening benefits. Shrubs planted in the transitional buffer shall be of a type that will have a mature height of at least four (4) feet and when located within an existing or newly planted wooded area, shall be selected based on their suitability for shaded areas and any other growth-inhibiting characteristics of the subject area.

     (1) Transitional Buffer Type 25: shall consist of a strip of open space, a minimum of twenty-five feet (25') wide, landscaped with evergreen trees and shrubs to achieve a minimum of 0.75 landscape credits for every linear foot measured along the outside edge of the transitional buffer. A maximum of 70% of the landscape credits may be earned from shrubs.

     (2) Transitional Buffer Type 35: shall consist of a strip of open space, a minimum of thirty-five feet (35') wide, landscaped with evergreen trees and shrubs to achieve a minimum of (1) landscape credit for every linear foot measured along the outside edge of the transitional buffer. A maxi-mum of 70% of the landscape credits may be earned from shrubs.

     (3) Transitional Buffer Type 50: shall consist of a strip of open space, a minimum of fifty feet (50') wide, landscaped with evergreen trees and shrubs to achieve a minimum of 1.25 landscape credits for every linear foot measured along the outside edge of the transitional buffer. A maximum of 50% of the landscape credits may be earned from shrubs.

   (4) Upon specific written request, the zoning administrator may modify the landscaping requirements for transitional buffers which have been de-signed by a certified landscape architect in order to preserve mature trees, facilitate a clearly discernible development and planting theme, or complement the arrangement and type of surrounding landscaping provided, however, that the landscape architect must certify that the modified buffer will provide at least the equivalent buffering as would otherwise be required and that the buffering will be from landscape means (i.e., exclusive of fencing).

    (5) The zoning administrator may require supplementary fencing either temporarily or permanently in order to ensure that the appropriate degree of visual buffering and noise attenuation is achieved.

(b) Transitional buffer provision matrix. Transitional buffers shall be provided as follows:
 

TRANSITIONAL BUFFERS
					RESIDENTIAL DISTRICTS						COMMERCIAL & INDUSTRIAL DISTRICTS
		RC	RR	R20	R13	R7	YVA	PD	RMF		NB	WCI	LB	GB	EO	IL	IG
	RC	X									25	25	25	25	35	35	50
	RR		X								25	25	35	35	35	35	50
	R20			X							25	25	35	35	35	50	50
	R13				X						25	25	35	35	35	50	50
	R7					X					25	25	35	35	35	50	50
	YVA						X				25	25	25	35	35	50	50
	PD							X			25	25	25	35	35	50	50
	RMF								X		25	25	25	25	25	35	50
	NB	2	2			2		25	25		X				25	35	50
	WCI	25	25	25	25	25	25	25	25			X				35	50
	LB	25	35	35	35	35	25	25	25				X			35	50
	GB	25	35	35	35	35	35	35	25					X			35
	EO	35	35	35	35	35	35	35	25		25				X		25
	IL	35	35	50	50	50	50	50	35		35	35	35			X	25
	IG	50	50	50	50	50	50	50	50		50	50	50	35	25	25	X

(c) Buffer location standard. Transitional buffers shall be installed along the zoning district lines at such time as any development or site modification requiring site plan approval on property abutting such district lines occurs. For the purposes of the following provisions, residentially-zoned property that has been subdivided into lots or that has an area of less than 2.5 times the minimum lot size for the district in which located shall be considered “developed” property, whether or not houses have been constructed on those lots. The location of transitional buffers shall be determined as follows:

     (1) Where both properties are currently undeveloped and one of the properties is residentially-zoned, the buffer shall be established entirely on the residentially zoned property whenever it develops. In other situations where both properties are undeveloped, one-half (1/2) of the required transitional buffer shall be established on each of the parcels in the order in which developed. The width of the buffer on the respective properties may be modified by mutual agreement of the property owners involved as evidenced by a lawfully executed agreement(s) and easement(s) between the property owners specifying how the buffer is to be shared; such agreement(s) and easement(s) shall be recorded at the expense of the applicant in the name of the property owner(s) as grantor(s) in the office of the clerk of the circuit court. A landscape preservation easement shall be estabished over the area encompassed by the required buffer with the county and each property being granted rights under that easement.

     (2) Where one property has previously been lawfully developed, the required transitional buffer shall be provided entirely on the undeveloped property unless an agreement evidenced by a lawfully executed easement between the two property owners to share the buffer in a mutually agreeable manner is executed; such easement shall be recorded at the expense of the applicant in the name of the property owners as grantors in the office of the clerk of the circuit court. In the latter case, the zoning administrator shall ensure that the required buffer is installed in an acceptable manner and that a landscape preservation easement is granted over the buffer areas to the county and each of the subject properties.  When a commercially or industrially-zoned parcel occupied by a residential structure is being redeveloped for non-residential purposes and the parcel abuts a residentially-zoned parcel that is “developed” as defined above, the parcel zoned commercial or industrial shall be considered “undeveloped” and shall be responsible for the full buffer width unless an alternate agreement is reached by the abutting property owners.

     (3) Where the properties on both sides of the zoning line have been previously developed, but one is being redeveloped or otherwise modified to the extent that site plan review and approval is required, said property shall be responsible for providing ˝ of the normally required transitional buffer as part of the redevelopment/site modification plan. When the property being redeveloped is commercially or industrially-zoned and is occupied by a residential structure that is being converted to non-residential use or being demolished, and the parcel abuts a residentially-zoned parcel that is “developed” as defined above, the parcel zoned commercial or industrial shall be considered “undeveloped” and shall meet the buffer standards pre-scribed in subsection (2) above.

     (4) Where the zoning district line is defined by the centerline of a right-of-way, the transitional buffer shall be installed along the right-of-way line on the property having the higher zoning intensity.

      (The chart in subsection (b) above lists the zoning districts in order of intensity from least intense at the top and left to most intense at the bottom and right.)

      The zoning administrator may grant relief from these requirements as provided in subsection (f) of this section.

(d) Design standards.

     (1) Transitional buffers shall be continuous except where driveways or other breaks are necessary. To the extent possible, driveways should be curved in order to preserve the view-obstructing qualities of the transitional buffer area. Multiple breaks of the transitional area shall not be permitted except to provide an efficient and safe site access and internal circulation pattern.

       (2) Transitional buffers shall not be used for accessory structures, storage, or off-street parking or loading.

       (3) Utility easements shall not be located within transitional buffers except those which cross the buffer at a right angle. Where the zoning administrator determines that a certain utility location or configuration which is essential conflicts with this standard, the administrator may, in writing, modify this requirement by imposing different standards to achieve an equivalent buffering effect.

(e)  Relationship between transitional buffer and other elements. Transitional buffers shall relate to other required design elements as follows:

      (1) Yard requirements and setbacks. Where a transitional buffer is required along a property line, the minimum yard and setback along said property line shall be the greater of the yard and setback required for the particular zoning district or the width of the transitional buffer.

      (2) Landscape yards. Landscape yards may be incorporated into the transitional buffer and no additional landscaping above and beyond that required for the transitional buffer shall be necessary.

(f) Modification of buffer standards.

      (1) Where the zoning district boundary line which requires a transitional buffer follows a public street or highway right-of-way of less than ninety feet (90') in width, the following shall apply:

          a. Where an industrial district abuts a residential district, the normally applicable transitional buffer shall be provided and may not be reduced or modified in any way;

          b. In any situation other than an industrial district abutting a residential district, the required transitional buffer may be reduced to one-half (1/2) the normally required width, or twenty feet (20'), whichever is greater. In such cases, the landscaping and design standards for the required transitional buffer yard may be modified to include appropriate trees and shrubs which visually screen all parking, loading, and storage areas, but not the buildings; however, in no case shall the planting ratio be less than that required for a Type 25 Buffer.

      (2) Where the zoning district boundary line which requires a transitional buffer follows a public street or highway right-of-way ninety feet (90') or greater in width, no transitional buffer shall be required.

      (3) Where adjacent properties of differing zoning intensities are being developed in a cohesive, planned and coordinated manner under the equivalent of a master development plan, the zoning administrator may waive or reduce any transitional buffer required along zoning district lines which are internal to the development.

     (4) Where the adjacent property giving rise to the need for a transitional buffer is under public ownership, is likely to remain under public owner-ship, and is managed for watershed purposes, the otherwise required transitional buffer shall be waived. Where the adjacent public land is managed as public park land, the zoning administrator may modify or waive the transitional buffer requirement consistent with the public interest in the park land.

     (5) Where property on which a transitional buffer is required has already been developed in a manner which precludes full implementation of these requirements, the zoning administrator may modify these requirements on a case-by-case basis to achieve as much of the desired buffering as is possible. In making such modifications, the zoning administrator may consider balancing the existing development with the needs of the community at large. Modifications could, for example, include the use of berms or increased numerical planting requirements in lieu of the otherwise required transitional buffer width.

     (6) Where the zoning district boundary along which a transitional buffer is required traverses environmentally sensitive land or water features, the zoning administrator may modify the location, layout, arrangement, and design in an appropriate manner which balances the buffering requirements with the environmental resources.

     (7) Where a properly engineered and designed landscaped berm is proposed to supplement the screening/buffering qualities of a required transitional buffer, the zoning administrator may authorize up to a 25% reduction in the required buffer width. Minimum heights for berms proposed for this purpose shall be as follows:

Type 25 Buffer - Minimum Height: 2 feet
Type 35 Buffer - Minimum Height: 3 feet
Type 50 Buffer - Minimum Height: 4 feet

(g) Transitional buffers abutting properties in adjacent jurisdictions. Where a commercial or industrial district abuts property in an adjacent locality which is in a residential zoning district and used as such, a transitional buffer shall be provided as if the abutting property were classified RC (resource conservation).

(Ord. No. 03-42(R), 12/2/03; Ord. No. 09-22(R), 10/20/09)