§ 8E-7. Buffer Requirements and Other Protection Measures.

8E-7-1 Power/Role of the Advisory Committee:

The Advisory Committee may recommend that buffers and/or other protection measures be incorporated into the proposed adjacent land use.

8E-7-2 Consideration of Impact on Land Use:

The Advisory Committee, in making recommendation for any buffer or other protection measure, shall clearly state the reasons for such recommendation and indicate how the buffer or other protective measure will serve the purposes of this Article. In making a recommendation that includes buffers, the Advisory Committee shall take into account the size of the buffer and the impact upon the property which is subject to the land use application to insure that such property maintains viability for the uses deemed appropriate.

8E-7-2.1 Minor Subdivisions: Buffers and protection measures recommended by the Advisory Committee for minor subdivisions shall be forwarded to the zoning administrator, who shall have authority to determine what shall be required, provided that if the applicant objects to the buffer or other protection measure on the grounds that it is so onerous as to make the property unusable for the desired purpose or creates an unnecessary burden of cost, then the applicant may appeal to the Board of zoning appeals.

8E-7-2.2 Major Subdivisions, Use Permits, and Rezonings: Buffers and protection measures recommended by the Advisory Committee for major subdivisions, use permits, and rezoning applications shall be sent forward for further consideration by the Planning Commission and finally, by the Board of Supervisors. The Board of Supervisors shall have the final authority to impose any such buffers or protection measures.

8E-7-2.3 Site Plans: When considering site plans, the Planning Commission may impose buffers or other protection measures according to the provisions of this Article.

8E-7-2.4 Other Land Use Decisions: Any official(s) making a land use decision shall take into account any adjacent agricultural and forestal district.

8E-7-3 Maximum Buffer Sites:

The following table shall serve as a guideline for requiring buffers. The table indicates the maximum buffer which can be required. Smaller buffers may be specified where appropriate.

Type of Application	Minimum size of lots being created	Maximum Buffer which can be required
Minor Subdivision	N/A	200 feet
Major Subdivision	N/A	300 feet
Rezoning and Use Permit	Size of Parcel on which rezoning or use permit is proposed	Rezoning to Residential	Rezoning to Commercial/Industrial and Use Permits
	0-10 acres	200 feet	200 feet
	11-25 acres	250 feet	200 feet
	26-50 acres	300 feet	250 feet
	50+ acres	350 feet	250 feet

 

8E-7-4 Other Protection Measures:

As an alternative to buffers, or as an additional requirement, the following may be imposed as a means of serving the purposes of this Article.

8E-7-4.1 Fences;

8E-7-4.2 Berms;

8E-7-4.3 Landscaping;

8E-7-4.4 Covenants and Easements;

8E-7-4.5 Denial of Application.

8E-7-5 Where buffers may be imposed:

Buffers and protection measures may be imposed only on the property of the applicant and only along those boundary or property lines which are shared by property in which an agricultural and forestal district is adjacent, or separated only by a body of water or a public or private road or highway.

8E-7-6 Covenants and easements:

Where covenants or easements are recorded which ensure that a buffer remain undisturbed, or where the buffer is enhanced by additional landscaping, fencing, or berming, the Advisory Committee shall take such enhancement into account and may reduce the required buffer accordingly.