§ 4.06.02. Buffer Requirements

A.

Applicability of buffer requirements. The buffering and screening shown in table 2.4 below shall be required under this section and shall apply to all new development . Existing landscaping which does not comply with the provisions of this section shall be brought into conformity to the maximum extent possible when: the vehicular use area is altered or expanded (except for restriping of lots/drives), the building square footage is changed, or there has been a discontinuance of use for a period of 1 year or more and a request for an occupational license to resume business is made. For projects subject to architectural design standards, see LDC section 5.05.08 for related provisions.

Subdivisions or Developments shall be buffered for the protection of property owners from land uses as required pursuant to this section 4.06.00. Buffers shall not inhibit pedestrian circulation between adjacent commercial land uses. Buffers shall be installed during construction as follows and in accordance with this section 4.06.00:

1.

To separate residential developments from commercial, community use, industrial and public use development s and adjacent expressways, arterials and railroad rights-of-way , except where such expressway, arterial, or railroad right-of-way abuts a golf course.

2.

To separate commercial, community use, industrial and public use developments from residential developments .

3.

To separate subdivisions of residential property that do not result in the submittal of a site development plan pursuant to the provisions of section 10.02.03 from other residential properties.

Separation shall be created with a landscape buffer strip which is designed and constructed in compliance with the provisions of this section 4.06.00. Such buffer strip(s) shall be shown and designated on the final plat as a tract of easement and shall not be located within any public or private right-of-way . The ability to locate buffer(s) within a platted or recorded easement shall be determined pursuant to the provisions of this section 4.06.00. buffers adjacent to protected/preserve areas shall conform to the requirements established by the agency requiring such buffer .

Landscape buffers , when required by this Code, this section 4.06.00, or other county regulation shall be in addition to the required right-of-way width and shall be designated as a separate buffer tract or easement on the final subdivision plat. The minimum buffer width shall be in conformance with this section 4.06.00. In no case shall the required buffer be constructed to reduce cross-corner or stopping sight distances, or safe pedestrian passage. All buffer tracts or easements shall be owned and maintained by a property owner's association or other similar entity and shall be so dedicated on the final subdivision plat.

B.

Methods of determining buffers. Where a property adjacent to the proposed use is: (1) undeveloped, (2) undeveloped but permitted without the required buffering and screening required pursuant to this Code, or (3) developed without the buffering and screening required pursuant to this Code, the proposed use shall be required to install the more opaque buffer as provided for in table 2.4. Where property adjacent to the proposed use has provided the more opaque buffer as provided for in table 2.4, the proposed use shall install a type A buffer .

Where the incorporation of existing native vegetation in landscape buffers is determined as being equivalent to or in excess of the intent of this Code, the planning services director may waive the planting requirements of this section.

Buffering and landscaping between similar residential land uses may be incorporated into the yards of individual lots or tracts without the mandatory creation of separate tracts. If buffering and landscaping is to be located on a lot , it shall be shown as an easement for buffering and landscaping.

The buffering and screening provisions of this Code shall be applicable at the time of planned unit development (PUD), preliminary subdivision plat (PSP), or site development plan (SDP) review, with the installation of the buffering and screening required pursuant to section 4.06.05 G. If the applicant chooses to forego the optional PSP process, then signed and sealed landscape plans will be required on the final subdivision plat. Where a more intensive land use is developed contiguous to a property within a similar zoning district, the planning services director may require buffering and screening the same as for the higher intensity uses between those uses.

Landscape buffering and screening standards within any planned unit development shall conform to the minimum buffering and screening standards of the zoning district to which it most closely resembles. The planning services director may approve alternative landscape buffering and screening standards when such alternative standards have been determined by use of professional acceptable standards to be equivalent to or in excess of the intent of this Code.

C.

Types of buffers . Within a required buffer strip, the following types of buffers shall be used based on the matrix in table 2.4. (See Figure 4.06.02.C-1)

1.

Type A Buffer: Ten-foot-wide landscape buffer with trees spaced no more than 30 feet on center. When a Type A buffer is located within a residential PUD and adjacent to a lake, the required trees may be clustered on common property lines to provide a view of the lake. Clustered tree plantings shall not exceed 60 feet between clusters.

2.

Type B Buffer: Fifteen-foot-wide, 80 percent opaque within one year landscape buffer six feet in height, which may include a wall, fence, hedge, berm or combination thereof, including trees spaced no more than 25 feet on center. When planting a hedge, it shall be a minimum of ten gallon plants five feet in height, three feet in spread and spaced a maximum four feet on center at planting. When a Type B buffer is located within a residential PUD and adjacent to a lake, the required plant materials may be clustered to provide views. Clustered tree plantings shall not exceed 60 feet between clusters and the clustered hedge plantings can be provided as a double row of shrubs that are a minimum of 30 inches in height. When the adjacent lake exceeds 1,500 feet in width the hedge planting shall not be required. When a community facility is located within a residential PUD and abuts a residential unit, a Type B buffer shall be required. When a fence or wall is used within the buffer a minimum of 50 percent of the trees and hedge plantings shall be located on the residential side of the fence or wall.

3.

Type C Buffer: 20-foot-wide, opaque within one year, landscape buffer with a six-foot wall, fence, hedge, or berm , or combination thereof and two staggered rows of trees spaced no more than 30 feet on center. Projects located within the Golden Gate Neighborhood center district shall be exempt from the right-of-way requirement of a six-foot wall, fence, hedge, berm or combination thereof. These projects shall provide a meandering Type D landscape buffer hedge. In addition, a minimum of 50 percent of the 25-foot wide buffer area shall be composed of a meandering bed of shrubs and ground covers other than grass.

4.

Type D Buffer: A landscape buffer shall be required adjacent to any road right-of-way external to the development project and adjacent to any primary access roads internal to a commercial development . Said landscape buffer shall be consistent with the provisions of the Collier County Streetscape Master Plan, which is incorporated by reference herein. The minimum width of the perimeter landscape buffer shall vary according to the ultimate width of the abutting right-of-way . Where the ultimate width of the right-of-way is zero to 99 feet, the corresponding landscape buffer shall measure at least ten feet in width. Where the ultimate width of the right-of-way is 100 or more feet, the corresponding landscape buffer shall measure at least 15 feet in width. Developments of 15 acres or more and developments within an activity center shall provide a perimeter landscape buffer of at least 20 feet in width regardless of the width of the right-of-way . Activity center right-of-way buffer width requirements shall not be applicable to roadways internal to the development .

a.

Trees shall be spaced no more than 30 feet on center in the landscape buffer abutting a right-of-way or primary access road internal to a commercial development .

b.

A continuous 3 gallon double row hedge spaced 3 feet on center of at least 24 inches in height at the time of planting and attaining a minimum of 30 inches in height in one year shall be required in the landscape buffer where vehicular areas are adjacent to the road right-of-way , pursuant to LDC section 4.06.05 D.4.

c.

Where a fence or wall fronts an arterial or collector road as described by the transportation circulation element of the growth management plan, a continuous 3 gallon single row hedge a minimum of 24 inches in height spaced 3 feet on center, shall be planted along the right-of-way side of the fence. The required trees shall be located on the side of the fence facing the right-of-way . Every effort shall be made to undulate the wall and landscaping design incorporating trees, shrubs, and ground cover into the design. It is not the intent of this requirement to obscure from view decorative elements such as emblems, tile, molding and wrought iron.

d.

The remaining area of the required landscape buffer must contain only existing native vegetation , grass, ground cover, or other landscape treatment. Every effort should be made to preserve, retain and incorporate the existing native vegetation in these areas.

e.

A signage visibility triangle may be created for non-residential on-premises signs located as shown in Figure 4.06.02.C-2 for Type D buffers that are 20 feet or greater in width. The line of visibility shall be no greater than 30 linear feet along road right-of-way line. Within the visibility triangle, shrubs and hedges shall be required pursuant to LDC section 4.06.05.D.4, except that hedges, shrubs, or ground cover located within the signage visibility triangle shall be maintained at a maximum plant height of 24 inches. Within the visibility triangle, no more than one required canopy tree may be exempted from the Type D buffer requirements.

Figure 4.06.02 C-1.

Figure 4.06.02.C-2. (Note: Figure does not include double row hedge)

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Table 2.4 Table of Buffer Requirements by Land Use Classifications

Adjacent Properties Zoning District and/or Property Use

Subject Property's District/Use

1

2

3

4

5

6

7

8

9

10

11

12

13

14

1. Agriculture (A )

-

B

B

B

B

B

A

A

A

A

D

A

-

A

2. Residential (E, RSF) single-family

A

A

B

B

B

B

B

C

B

*

D

B

-

C

3. Residential (RMF-6, RMF-12, RMF-16) multifamily

A

B

A

A

A

B

B

B

B

*

D

B

-

C

4. Residential tourist (RT)

A

B

A

A

B

B

A

B

B

*

D

B

-

B

5. Village residential (VR)

A

A

B

B

A

B

B

B

B

*

D

B

-

B

6. Mobile home (MH)

A

B

B

B

B

A

B

B

B

*

D

B

B

B

7. Commercial (C-1, C-2, C-3, C-4, C-5); Business Park (BP)

A

B

B

B

B

B

A

A

A

*

D

B

B

B

8. Industrial (I)

A

C

B

B

B

B

A

A

A

*

D

B

B

B

9. Public use (P), community facility (CF), Golf Course Clubhouse, Amenity Center

A

B

B

B

B

B

A

A

A

*

D

B

-

C

10. Planned unit development (PUD)

*

*

*

*

*

*

*

*

*

*

D

*

*

*

11. Vehicular rights-of-way

D

D

D

D

D

D

D

D

D

D

-

B

-

D

12. Golf course maintenance building

B

B

B

B

B

B

B

B

B

B

B

A

B

C

13. Golf course

-

-

-

-

-

-

-

-

-

-

-

B

-

C

14. Automobile service station

A

C

C

B

B

B

B

B

C

*

D

C

C

D

 

Table 2.4 information: The letter listed under "Adjacent Properties Zoning District and/or Property Use" shall be the landscape buffer and screening alternative required. Where a conflict exists between the buffer required by zoning district or property use, the more stringent buffer shall be required. The "-" symbol shall represent that no buffer is required. The PUD district buffer, due to a variety of differing land uses, is indicated by the "*" symbol, and shall be based on the landscape buffer and screening of the district or property use with the most similar types, densities and intensities of use. Where a conflict exists between the buffering requirements and the yard requirements of this Code, the yard requirements of the subject zoning district shall apply.

Buffering in agriculture (A) districts shall be applicable at the time of site development plan (SDP) submittal.

Industrial (I) zoned property, where abutting industrial (I) zoned property, shall be required to install a minimum 5-foot-wide type A landscape buffer adjacent to the side and rear property lines. The buffer area shall not be used for water management. In addition, trees may be reduced to 50 feet on center along rear and side perimeter buffers only. This reduction in buffer width shall not apply to buffers adjacent to vehicular rights-of-way or nonindustrial zoned property. Abutting industrial zoned properties may remove a side or rear buffer along the shared property line in accordance with Section 4.06.02 C.7. This exception to buffers shall not apply to buffers abutting to vehicular rights-of-way .

Buffer areas between commercial outparcels located within a shopping center , Business Park, or similar commercial development may have a shared buffer 15 feet wide with each abutting property contributing 7.5 feet. The outparcels may remove a side or rear buffer along the shared property line between comparable uses within the same zoning designation in accordance with Section 4.06.02 C.7. These provisions shall not apply to right-of-way buffers .

Refer to section 5.05.05 for automobile service station landscape requirements.

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5.

Business Parks. A 25-foot wide landscape buffer shall be provided around the boundary of the business park. A six-foot tall opaque architecturally finished masonry wall, or berm, or combination thereof shall be required and two staggered rows of trees spaced no more than 30 feet on center shall be located on the outside of the wall, berm , or berm /wall combination.

6.

Buffering and screening standards. In accordance with the provisions of this Code, loading areas or docks, outdoor storage, trash collection, mechanical equipment, trash compaction, vehicular storage excluding new and used cars, recycling, roof top equipment and other service function areas shall be fully screened and out of view from adjacent properties at ground view level and in view of roadway corridors.

7.

Joint Project Plan. Abutting platted parcels may submit a joint project plan to remove one side or rear landscape buffer along a shared property line in order to share parking or other infrastructure facilities, provided the following criteria are met:

a.

A joint project plan shall include all necessary information to ensure that the combined site meets all of the design requirements of this Code, and shall be submitted as either a single SDP or SIP consisting of both parcels , or separate SDPs or SIPs for each parcel that are submitted concurrently. Joint project plans require a shared maintenance and access easement that is recorded in the public records.

b.

The following are eligible for a joint project plan. One outparcel shall be no greater than 3 acres and the combined parcel acreage shall not exceed 5 acres:

i.

Abutting commercial outparcels located within a shopping center .

ii.

Abutting commercial parcels in a Business Park .

iii.

Abutting commercial parcels with the same zoning designation.

iv.

Abutting industrial parcels with the same zoning designation.

c.

The eliminated buffer shall be reallocated to the remaining landscape buffers and/or internal landscaped areas of the proposed joint project. There shall be no net loss of landscape material or square footage of the buffer as a result of the eliminated buffer on the shared property line.

d.

The buffer to be eliminated shall not be a perimeter buffer or adjacent to any internal main access drives.

D.

Standards for retention and detention areas in buffer yards. Unless otherwise noted, all standards outlined in section 4.06.05 C. apply. Trees and shrubs must be installed at the height specified in this section.

Water management systems, which must include retention and detention areas, swales, and subsurface installations, are permitted within a required buffer provided they are consistent with accepted engineering and landscaping practice and the following criteria:

1.

Water management systems must not exceed 50 percent of the square footage of any required side, rear, or front yard landscape buffer .

2.

Water management systems must not exceed, at any location within the required side, rear, or front yard landscape buffer , 70 percent of the required buffer width. A minimum 5-foot wide 10:1 level planting area shall be maintained where trees and hedges are required.

3.

Exceptions to these standards may be granted on a case-by-case basis, evaluated on the following criteria:

a.

Water management systems, in the form of dry retention, may utilize an area greater than 50 percent of the buffer when existing native vegetation is retained at natural grade .

b.

For lots of record 10,000 square feet or less in size, water management areas may utilize an area greater than 50 percent of the required side and rear yard buffers . A level planting area of at least three feet in width must be provided in these buffers .

4.

Sidewalks and other impervious areas must not occupy any part of a required Alternative A, B, C, or D type buffer , except when:

a.

Driveways and sidewalks are constructed perpendicular to the buffer and provide direct access to the parcel .

b.

Parallel meandering sidewalks occupy the buffer and its width is increased by the equivalent sidewalk width.

c.

A required 15—20 foot wide buffer is reduced to a minimum of ten feet wide and is increased by the five to ten foot equivalent width elsewhere along that buffer .

(Ord. No. 04-72, § 3.N; Ord. No. 06-07, § 3.K; Ord. No. 06-63, § 3.Z; Ord. No. 07-67, § 3.K; Ord. No. 12-38, § 3.O; Ord. No. 14-33, § 3.L; Ord. No. 15-44, § 3.F; Ord. No. 16-22, § 3.I; Ord. No. 16-27, § 3.M)