§ 6. Screening and buffering for electronic gaming operations.

Screening is used to reduce or hide the visual and noise impacts of nonresidential uses on nearby residential and institutional land uses by using trees, shrubs, and other plant materials to materially hide the nonresidential uses and to muffle the sounds that are generated by them. Buffering is used to reduce conflicts between and impacts on, adjoining land uses by separating them with a buffer yard or strip.

A.

General screening requirements. In all cases where an electronic gaming operation abuts a residential and/or institutional land use or zoning district, screening shall be provided in accordance with the requirements of this section and other pertinent provisions of this ordinance when the electronic gaming operation is initiated, developed, altered, and/or expanded. If the electronic gaming establishment is not housed in a stand-alone unit, then the multiunit structure shall be screened as if the electronic gaming establishment occupied its entirety.

1.

When initiated, developed, altered, and/or expanded adjacent to a residential and/or institutional use or district, a vegetative planting area that is at least ten feet wide must be provided to materially screen, as determined by the Planning Director or designee, the principal and accessory structures and uses within the subject property from the view of abutting residential or institutional properties.

2.

When initiated, developed, altered, and/or expanded across the street from a residential and/or institutional use or district, the vegetative planting area shall not be required in the front yard setback, except for a:

a.

Parking area or lot with five or more parking spaces.

b.

Side yard on street r-o-w setback of a corner lot (also known as the secondary front yard setback).

c.

Outdoor storage.

d.

Boat storage area or facility.

For those exceptions where screening is required in the front yard setback, all screening shall be as close as possible and practical to all sides of the electronic gaming operation, except where the front entrance is located. On the front entrance side, such screening shall be within a ten-foot wide vegetative planting area that abuts the street side of the parking area or lot and shall use only species that generally do not grow to be taller than three feet.

3.

Lawns and other grassed areas shall not be included in calculating the width of the vegetative planting area. The vegetative planting area must be installed and be in compliance with this ordinance before a certificate of occupancy can be granted.

4.

The vegetative planting area shall contain at least two groups of planted materials:

a.

Group One: At least two off-set rows of evergreen shrubs shall be planted whose trunks are spaced not more than four feet apart at planting (measured side-to-side, as well as row-to-row), have a planted height of at least three feet, and are of such type that can be expected to be five feet or more in height after three growing seasons. The row that will be planted nearest to the land use being screened shall usually be planted between three and five feet from the land use.

b.

Group Two: In addition, the vegetative planting area shall contain at least a separate row of shrubs that are dense, low-lying, continuous, and planted so as to visually fill-in the low-lying gaps between the trunks of the evergreen shrubs. In addition to the required Group One and Group Two plantings, the developer is encouraged to do more than the minimum and to utilize additional groups and rows of shrubs and/or trees, as appropriate for the land use being screened and the surrounding residential and/or institutional uses.

5.

The intent of these screening requirements is that the Planning Director or designee shall have complete flexibility in approving the placement and location of the Group One and Two plantings so as to materially screen the ground floor of the electronic gaming operation. Such flexibility shall include placement at the property line, near the use, and all points in-between the use and the property line.

Chain-link and other wire fences cannot be used to provide required screening, even when slat inserts are used.

Such screening is not required at access points to the property, such as entrances, exits, driveways and sidewalks. Screening planted near driveways, entrances, and exits intersecting with a roadway shall be planted so that the outside edge of the plantings is no closer than 15 feet to the intersection and shall be kept trimmed so that the outside edge of the plantings is no closer than ten feet to the intersection. If a DOT driveway permit requires a sight triangle at a driveway, entrance, or exit, the portion of any required 15-foot vegetative planting area that would otherwise overlap the sight triangle shall be omitted.

6.

Maintenance of screening. All screening that is required by this ordinance shall be maintained in a healthy state by the property owner(s) so as to continue its effectiveness. Periodic inspections may be made to determine continued effectiveness of the required screening. Any deficiencies, if not addressed to the satisfaction of the Planning Director or designee, shall be treated as a violation of this ordinance.

Any shrub that is required screening that needs to be replaced due to an unhealthy state or because it has not grown to be five feet tall after three growing seasons (not including front yard parking lot screening) shall be replaced within 30 days of notification in writing by the Planning Director or designee. Any trees that are required screening that need to be replaced due to an unhealthy state shall be replaced within 180 days of notification in writing by the Planning Director or designee. If the unhealthy state is caused by a natural disaster (such as a hurricane, extreme drought, forest fire, etc.), the replacement period for shrubs and trees shall be doubled to 60 days and 360 days, respectively.

The replacement screening shall be of the same species or of similar effectiveness for screening, as determined by the Planning Director or designee, and shall be at least as tall as the two nearest plants or plantings in that group, tier, or row, as appropriate.

7.

When a vegetative planting area is deemed inappropriate by the Planning Director or designee due to site, neighborhood, or other conditions, the Planning Director or designee may allow either a durable masonry wall or privacy fence or any combination of walls, fences, and vegetation that are designed to be compatible with the character of adjacent properties, as determined by the Planning Director or designee.

8.

Walls and fences. Walls and fences that are required by this ordinance must be at least five feet in height but shall not be greater than eight feet in height, measured from the ground along the common lot line of adjoining properties. Walls and fences must be constructed and maintained in a safe and sound condition. Walls and fences near driveways and entrances and exits intersecting with a roadway shall be no closer than ten feet to the intersection.

No fence or wall taller than three feet (whether required or not) may be located in the front yard setback or the side yard on street right-of-way setback.

When chain-link and other wire fences are installed on an electronic gaming operation property, they shall be screened by Group One plantings. Screening of other types of walls and fences is not required but plantings along them are encouraged, particularly along taller sections and longer stretches.

9.

Screening outdoor storage. Outdoor storage of any material, stocks, or equipment must be screened from any abutting residential use or district, in accordance with the requirements of this ordinance.

10.

Waiver of screening requirements when screening is already provided. There may be cases where the unusual topography or elevation of a site, the size of the parcel involved, existing vegetation on the site, or the presence of screening on abutting property would make the strict adherence to the ordinance serve no useful purpose. In those cases, the Planning Director or designee is empowered to waive the requirements for some or all of the screening, as long as the spirit and intent of the ordinance and the general provisions of this ordinance pertaining to screening are adhered to.

11.

Screening and trash receptacles. Dumpsters, trash compactors, and similar trash receptacles shall be enclosed on all four sides, except that one of the four sides may have a three-foot wide pass-through opening for persons to access the dumpster without having to open the dumpster gate. The trash receptacle shall be oriented so that the opening is visible to the fewest number of residences, whether the residences are on-site or off-site. Three of the sides must be constructed of durable materials that match or complement the principal building. The fourth side shall be an opaque gate that latches securely to prevent it from inadvertently opening. The wall and gate shall have a minimum height of eight feet. A chain link fence shall not be permitted for the wall or the gate.

12.

Landscaping is recommended throughout the property, with ample trees and shrubs provided to shade and break up open areas. All banks and open areas shall be stabilized.

B.

General buffering requirements. Buffering is used to reduce conflicts between and impacts on, adjoining land uses by separating them with a grassed buffer yard or strip. The property owner may substitute a landscaped buffer for the grassed one.

1.

When an electronic gaming operation is developed adjacent to a:

a.

Residential or institutional use or district, at least a five-foot wide buffer yard or strip must be provided along all side property lines and at least a 15-foot wide buffer yard or strip must be provided along all rear property lines that abut that residential or institutional use or district.

b.

Alternatively, a durable masonry wall or privacy fence that is at least eight feet tall and is designed to be compatible with the character of adjacent properties may be used. If the materials, height, and design are approved by the Planning Director or designee, the approved wall or fence may be used to substitute for up to eight feet of the required 15-foot buffer yard or strip.

c.

Public or private street, at least a 20-foot wide grassed buffer yard or strip must be provided along all property lines that abut or are a part of an access easement, private lane, private street, or public street.

2.

No fence or wall taller than three feet, whether required or not, may be located in the front yard setback or the side yard on street right-of-way setback. The required buffer yard or strip must be installed and be in compliance with this ordinance before a certificate of occupancy can be granted.

3.

Maintenance of buffering. Any buffer yard or strip that is required by this ordinance shall be maintained in a healthy state by the property owner(s) so as to continue its effectiveness. Periodic inspections may be made to determine continued effectiveness of the required buffering. Any deficiencies, if not addressed to the satisfaction of the Planning Director or designee within 30 days of notification in writing by the Planning Director or designee, shall be treated as a violation of this ordinance.