9.4.1 Applicability
A. Rural, Suburban, and Urban Tiers
Project boundary buffers shall be required in the Rural, Suburban, and Urban Tiers, considering the proposed use and zoning district and the adjoining uses and zoning districts.
B. Compact Neighborhood Tier – Zoning Other than Design District
No project boundary buffers shall be required for property in the Compact Neighborhood Tier, unless the proposed project is adjacent to residential development or property with a residential designation in the Suburban or Urban Tiers, in which case, project boundary buffers shall be required only on the side of the project adjacent to such property in the other Tier.
C. Design Districts
1. No project boundary buffers shall be required for property in Design Districts, unless the proposed project is adjacent to a residential district or use in the Urban or Suburban Tier, or outside of Durham’s jurisdiction.
2. Where required, project boundary buffers in Design Districts shall be provided at 20% opacity when adjacent to property within the Urban Tier and 40% opacity when adjacent to property within the Suburban Tier or outside of Durham’s jurisdiction, in accordance with paragraph 9.4.5C, Urban and Compact Neighborhood Tiers.
3. When required, project boundary buffers shall be required only on the side of the project adjacent to such property in the other Tier or jurisdiction.
4. No buffers shall be required along rights-of-way in Design Districts regardless of their width.
D. Commercial Crop Production
No project boundary buffers shall be required for commercial crop production, except for permanent on-site sales facilities and associated vehicle use areas.
E. Adjacent to Design Districts
No project boundary buffers shall be required in a residential district or use adjacent to a Design District.
F. Internal to Development Plan Sites
No buffers are required internal to sites with a development plan, except when a nonresidential component is constructed adjacent to, including any intervening right-of-way or driveway, an existing residential component. If a buffer is required:
1. Nonresidential sites consisting of development of 20,000 square feet or less with uses allowed in the CN District shall be considered CN for buffer purposes; or
2. In all other instances, the nonresidential site shall be considered CG for buffer purposes.
G. Along Rights-of-Way
1. A project boundary buffer is not required adjoining a street or railroad right-of-way that is greater than 60 feet in width.
2. In the Suburban Tier, a project boundary buffer for a residential development is not required adjoining a street or railroad right-of-way that is greater than 80 feet in width.
3. Notwithstanding the above allowances, buffers shall be provided for mass graded residential development in the Suburban Tier per paragraph 9.4.3C.6.
H. Same Use Category Exemption
No project boundary buffers shall be required between uses in the same top level use category, categorized as follows:
1. Agricultural.
2. Residential.
3. Public and Civic.
4. Commercial.
5. Office.
6. Industrial.