§ 610-20. Standards for Permanent Buffers.
610-20.1 Requirements.
A.
All property zoned for non-residential uses, or operated as permitted non-residential uses shall have a buffer along any rear and side property lines abutting a residential district.
B.
All property zoned for residential uses with higher density shall have a buffer adjacent to other property zoned for residential uses of lesser density.
C.
All zoning districts that allow single-family residences as one of the permitted uses that are not the primary use, shall have a buffer adjacent to exclusively single-family residential districts.
610-20.2 Buffer Widths.
A.
Buffers shall meet the minimum width requirements for dissimilar districts as shown in Table 610.1 "Table of Minimum Buffer Requirements" as provided in Section 610-20.5, Minimum Buffer Requirements.
B.
As specified in the "Table of Minimum Buffer Requirements"; or,
1.
As specified in a residential zoning district for a permitted non-residential use (e.g. a place of worship, etc.)
2.
As required by a condition of zoning, special use, or variance approval.
C.
In the event the buffer includes a utility or pipeline easement, a minimum buffer of no less than 20 feet in width will be required outside the easement. In no case will the buffer be less than 20 feet.
D.
In cases in which both a buffer and landscape strip are required along the same lot line, the width of the required landscape strip shall be counted as part of the required buffer width. When a landscape strip tree is within the buffer it may be counted toward Tree Density Units.
E.
Buffers shall meet the minimum width requirements contained in Section 610-20.5 of this UDO.
610-20.3 Buffer Screening.
A.
Buffers shall meet the minimum screening requirements. Screening and/or buffers shall be required for purposes of obscuring features such as but not limited to, dumpsters, rear entrances, utility and maintenance structures, and loading facilities.
B.
Buffers shall be natural, undisturbed, and free of encroachments except as authorized by a condition of zoning, special use or variance approval, or as authorized herein, and shall contain the existing tree cover and vegetation as well as any supplemental plantings or replanting's as may be required.
C.
Buffers shall be of such nature and density so as to screen activities, structures and uses on the property from view from the normal level of a first story window on an abutting lot and shall further provide a year-round effective visual screen.
D.
Screening shall be established within any buffer along the entire length of the property lines. However, this screening requirement may be adjusted in order to observe the sight distance required in this UDO or as a condition of zoning, special use, or variance approval or as approved by the Director.
E.
Buffers required adjacent to side property lines shall extend to a street right-of-way line unless otherwise required by the Director in order to observe the sight distance requirements contained in this UDO, or as authorized by a condition of zoning, special use, or variance approval.
F.
In situations where the required buffer width is partially or completely contained within an existing easement (e.g. power or natural gas transmission, etc.), the screening requirements of this UDO shall be met outside of the easement area.
G.
Additional screening shall be required where a nonresidential use abuts a public street across from a residential district. For specifics on additional screening, see Section 610-20.6. However, this screening requirement may be adjusted in order to observe the sight distance required in this UDO or as a condition of zoning, special use, or variance approval or as approved by the Director.
610-20.4 Buffer Plan Standards and Structure Setbacks.
A.
All buffers shall be designated on the appropriate permit application(s) and indicated on the required site plan or final subdivision plat.
B.
All proposed improvements including, but not limited to, driveways, dumpsters, parking facilities, pavement, or retaining walls will be located a minimum of 5 feet from any buffer.
610-20.5 Minimum Buffer Requirements.
A.
Required buffers shall be provided in conformity Table 610.1 "Table of Minimum Buffer Requirements".
1.
See Supplemental Use Standards, Section 230-130 for additional buffer requirements related to specific uses.
2.
See Section 210-50.13 for buffer alternatives for the OSC district.
3.
See Section 210-90.6 for additional buffer requirements for the R-SR district.
4.
See Section 210-140.6 for additional buffer requirements for the O-R district.
610-20.6 Non-Vegetative Screening.
A.
Non-vegetative materials used to satisfy the screening requirements of this UDO, in addition to the use of existing vegetation and/or supplemental plantings, may consist of walls, fences, earthen berms or any combination thereof.
B.
If walls or fences are to be used, their placement and installation shall be such so as to cause minimal disturbance of existing vegetation and located so as to provide an effective visual screen.
Table 610.1
MINIMUM BUFFER REQUIREMENTS New
DevelopmentExisting Adjacent Development RA-200 R-140, R-LL R-100, RL R-100 MOD/CSO/CLU R-75 R-75 MOD/CSO/CLU OSC R-60 R-ZT, TND R-SR MH/MHS R-TH RMD RM-6, RM-8 RM-10, RM-13 ** RM-24 O-R RA-200, R-140, R-LL, R-100 * , RL, R-75 * , R-60, R-SR, OSC RMD, TND, R-ZT, R-TH (UP TO A MAX. OF 4 UNITS/ACRE) 35 35 30 25 25 20 TND, R-ZT, R-TH, RM-6/8 40 40 35 30 30 25 25 25 RM-10, RM-13 ** , RM-24 50 50 50 50 50 50 50 50 20 20 20 20 20 20 HRR 85 85 85 85 85 85 85 85 50 50 50 50 50 50 MH, MHS 75 75 75 75 75 75 75 75 75 75 75 75 75 75 MU-N 75 75 50 50 50 50 50 50 25 25 25 MU-C 75 75 50 50 50 50 50 50 25 25 25 20 MUR, MUO, MU-R 75 75 50 50 50 50 50 50 25 25 25 25 25 25 O-I, OBP, HS 50 50 50 50 50 50 50 50 50 50 35 35 35 35 O-R, NS 25 25 25 25 25 25 25 25 25 25 25 25 25 25 C-1 50 50 50 50 50 50 50 50 50 50 50 50 50 50 35 35 20 C-2 75 75 75 75 75 75 75 75 75 75 75 75 75 75 50 50 40 C-3 85 85 85 85 85 85 85 85 85 85 85 85 85 85 70 70 60 M-1 *** 50 50 50 50 50 50 50 50 50 50 50 50 50 50 50 50 50 M-2 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 * Includes the R-100 and R-75 Modified, CSO and Cluster zoning districts
** Includes the RM zoning district
*** Buffer shall increase to 75 feet in width when adjacent to truck docks or outdoor storage areas(Ord. No. UDOA2014-00002(GCID No. 2014-1014), 11-4-14)
610-20.7 Supplemental Plantings.
A.
Buffers in which vegetation is non-existent or is inadequate to meet the screening requirements of this UDO shall be planted with supplemental plantings so as to provide a year-round effective visual screen.
B.
Supplemental plantings and replantings shall consist of a combination of evergreen and deciduous trees and shrubs adaptable to the region. Deciduous trees shall be a minimum of 2 inches in caliper and evergreen trees shall be a minimum of 6 feet in height at time of planting and shall be a species which will achieve a height of at least 20 feet at maturity. The tree types shall be from the Tree Species Lists in Section 4 of the Appendix. All shrubs shall be a large growing species, shall be a minimum of 3 feet in height at time of planting and shall be a species which will achieve a height of at least 10 feet at maturity.
C.
Supplemental plantings shall be installed to allow for proper plant growth and maintenance.
D.
All supplemental plantings in buffers shall be limited to no more than 33 percent of one genus of tree. Calculations are required on Tree Preservation and/or Tree Replacement Plan.
E.
Leyland Cypress, Cuppressus leylandii may be used in supplemental replanting in buffers and shall not exceed 33 percent of total buffer trees. Leyland Cypress is not allowed to fulfill regulatory density requirements, but may be used for screening purposes.
610-20.8 Disturbance or Encroachments.
A.
Ditches, swales, storm water conveyance facilities, storm water detention ponds, sanitary sewer conveyance facilities, similar facilities, and any associated easements, shall not encroach into a buffer except that necessary access and utility crossings (e.g. storm water or sanitary sewer pipes) may encroach into the buffer as near to perpendicular as practical.
B.
Driveways and sidewalks shall not encroach into a buffer except that necessary access crossings may encroach into the buffer as near to perpendicular as practical.
C.
Supplemental plantings or replantings of vegetation, or authorized non-vegetative screening devices may encroach into a buffer provided there is minimal disturbance of any significant existing vegetation.
D.
Fences are authorized in a buffer provided minimal disturbance occurs. Live trees shall not be removed for the placement of the fence.
E.
Land disturbance is authorized per Director approval in areas of a buffer that are devoid of significant vegetation provided that the final grade and replantings of vegetation meet the screening requirements contained herein.
F.
Dying, diseased or dead vegetation may be removed from a buffer provided minimal disturbance occurs. Vegetation thus removed shall be replaced where necessary to meet the screening requirements contained herein.
G.
Greenway paths or trails as identified in the official Gwinnett County Open Space and Greenways Master Plan are authorized in the buffer. The greenway path or trail shall be located so as to minimize encroachment in the buffer. In cases where there is not adequate existing vegetation to provide an effective year-round visual screen, supplemental plantings shall be planted between the greenway and the property line. When the greenway does not allow adequate space to supplemental plant inside the buffer, vegetation may be planted outside of the buffer.
610-20.9 Protection during Land-Disturbing Activities.
A.
During authorized land-disturbing activities, undisturbed buffers shall be clearly demarcated and protected prior to commencement of, and during, construction.
B.
The method of demarcation and protection used shall be in accordance with best management practices.
610-20.10. Buffer Reduction. Buffers may be partially or wholly reduced in width by one of the following four methods, as applicable:
A.
Reductions of buffer width by less than 50 percent may be granted by administrative approval. This procedure may not be used to reduce buffers required as a condition of zoning or Special Use Permit.
B.
Reductions of buffer width by more than 50 percent and reductions in buffer width that do not qualify for or receive administrative approval may only be granted by the Board of Commissioners by filing a "Buffer Reduction Application." This procedure may not be used to reduce buffers required as a condition of zoning or Special Use Permit.
C.
Buffers that are required as a condition of zoning or Special Use Permit may only be granted by the Board of Commissioners by filing a "Change in Conditions Application" (CIC).
D.
Reduction of buffers required under Section 230-130 Supplemental Use Standards may be granted by the Zoning Board of Appeals by filing a "Variance Application."
(Ord. No. UDOA2016-00001(GCID2016-0070) , § Exh. A, 1-26-16)