Ashland City Zoning Code
LANDSCAPING AND
BUFFER REQUIREMENTS
§ 157.085 PURPOSE.
Landscaping and buffer requirements are established to improve the appearance of vehicular use areas and property abutting public rights-or-way; to require buffering between incompatible land uses; to protect, preserve and promote the visual appeal, character, and value of surrounding neighborhoods; and to promote public health and safety through the reduction of pollution.
(Prior Code, § 157.080) (Ord. 101-1986, passed 10-7-1986)
§ 157.086 GENERAL REQUIREMENTS.
(A) No new site development, building, structure, or vehicular use area shall hereafter be erected, constructed, or used unless landscaping is provided as required by the provisions of this subchapter.
(B) No property lines shall be altered, nor shall any building, structure or vehicular use area be expanded, unless the minimum landscaping required by this subchapter is provided for the property to the extent of its alteration or expansion, but not necessarily for the entire property.
(C) No building permit shall be issued until the required landscaping plan has been submitted and approved, and no certificate of occupancy shall be issued until the landscaping is completed as certified by the Zoning Administrator, unless a performance bond or other acceptable guarantee of improvements has been posted.
(D) Where site plan approval by the Zoning Administrator or Board of Zoning Adjustment is required, no building permit or certificate of occupancy shall be issued until such approval has been granted. In the event that the requirements of this subchapter conflict with those of other provisions of this chapter, the more restrictive shall apply.
(E) The City Administration may vary specific planting standards of this subchapter when it is determined that the purpose statement and other provisions have been otherwise exceeded.
(F) The Board of Zoning Adjustment may reduce through the variance procedure outlines in § 157.246 certain standards of this subchapter; however, the Board shall not have the power to waive any specific provision.
(Prior Code, § 157.081) (Ord. 101-1986, passed 10-7-1986; Ord. 126-1989, passed 11-21-1989) Penalty, see § 157.999
§ 157.087 SCREENING AND BUFFER REQUIREMENTS.
Screening and buffering shall be provided in the locations and in accordance with the following provisions.
(A) Residential.
(1) In all residential major subdivision development, approved pursuant to the Chapter 154, Subdivisions, a buffer strip at least 20 feet in depth or width shall be provided adjacent to all limited access highways, all railroad rights-or-way, and commercial and industrial zoning districts (along side and rear property line). The buffer strip shall be in addition to the depth or width required, and shall be a part of the platted lots, having the following restriction designated on the plat: “This strip reserved for the planting of trees or shrubs; the building of structures hereon is prohibited.”
(2) The buffer strip shall be planted with deciduous and/or evergreen trees, spaced not more than 40 feet apart, with a row of shrubs, spaced not more than five feet apart.
(B) Nonresidential.
(1) In all commercial and industrial zoning districts, a buffer strip shall be provided along the side and/or rear property lines adjoining residentially zoned lots. Within the buffer strip, grass, trees, shrubs and/or fencing shall be placed together which form a dense year-round barrier designed to effectively screen the uses within the subject property from the view of adjacent residential uses (existing or future). Such buffer strips may be included in part of a required yard.
(a) For nonresidential lots one-half acre or larger, the buffer strip shall be at least ten feet wide.
(b) For nonresidential lots smaller than one-half acre, the buffer strip shall be at least five feet wide.
(2) Fencing may be a solid wall or a barrier of wood, brick or other material. All walls and fences shall be at least six feet in height, and vegetation shall attain that height within two normal growing seasons.
(Prior Code, § 157.082) (Ord. 101-1986, passed 10-7-1986; Ord. 126-1989, passed 11-21-1989) Penalty, see § 157.999
§ 157.088 LANDSCAPING REQUIREMENTS; VEHICULAR USE AREAS.
(A) Areas regulated. Vehicular use areas covered by the requirements of this section include off-street parking for five or more vehicles, including the internal vehicular circulation system for five or more vehicles. Also covered are the loading areas (and access thereto) for two or more loading bays. Lesser areas are exempt from the provisions of this section.
(B) Street frontage landscaping requirements. On the site of a building or structure or open lot use providing off-street parking, loading or other vehicular use area, where such area will not be entirely screened visually by an intervening building or structure, landscaping shall be required along any side that abuts the right-or-way of a street or highway. Such landscaping shall be provided as follows.
(1) A landscaping strip of at least five feet in depth shall be located between the abutting right-of-way and any off-street parking, loading or other vehicular use area, except where driveway openings are to be provided.
(2) The landscaping strip shall be planted in accordance with the following standards as a minimum:
(a) One tree shall be planted for each 50 linear feet of the landscaping strip, or portion thereof;
(b) A hedge, wall or other landscape barrier shall be planted or erected adjacent to the street right-of-way line; and
(c) All portions of the landscaping strip not planted with the shrubs and trees, or covered by a wall or other barrier, shall be planted in grass or other ground cover.
(3) In areas of the city where there is 15 or more feet between the property line and the paved edge of the road, the street frontage landscaping strip may be situated within the public right-of-way. A formal limited use of right-of-way agreement must be approved by the City Commission in accordance with Ord. 122, 1986 (as may be amended) for this provision to be used. The property owner shall be responsible for maintenance and liability associated with such right-of-way landscaping.
(C) Peripheral coverage requirements. In addition to the requirements of division (B) of this section, peripheral landscaping shall be provided along the sides of regulated off-street parking, loading or other vehicular use areas that abut adjoining property not a right-of-way. Such landscaping shall be, as a minimum, provided as follows.
(1) A landscaping strip at least three feet in width shall be located between the parking, loading or other vehicular use area and the abutting property lines, except where driveway openings are to be provided. Landscaping is not required along an improved alley.
(2) The landscaping strip shall be planted in accordance with the following standards as a minimum:
(a) One tree shall be planted for each 60 linear feet of landscaping strip, or portion thereof;
(b) A hedge, wall or other durable landscape barrier shall be planted or erected adjacent to the common lot line (if a yard is required or likely to be provided on the abutting property); and
(c) All portions of the landscaping strip not planted with shrubs or trees, or covered by a wall or other barrier, shall be planted in grass or other ground cover.
(3) The provisions of this division (C) shall not be applicable in following situations:
(a) Where any off-street parking, loading or other vehicular use area will be entirely screened visually by an intervening building or structure from abutting property;
(b) Where any vehicular use area is immediately adjacent to a structure built on the side property line; and
(c) Where planting and/or fencing is required for screening between incompatible land uses, pursuant to § 157.087.
(D) Interior coverage requirements. Not less than 5% of the interior of any regulated parking, loading, or other vehicular use area shall be landscaped. The location of such landscaping is at the option of the owner or developer, except in the case of large scale commercial, industrial, or residential parking development. In such instances, at least every eighth row of parking shall be separated by a median strip, for landscaping and pedestrian purposes, of not less than eight feet in width. Additionally, and in all other cases, landscaping shall be reasonably dispersed throughout the parking lot in end planters and median strips. Such interior landscaping shall include trees, shrubs, and ground cover. Planting required by this division (B) and (C) and § 157.087, shall not be considered as part of the interior landscaping requirements.
(Prior Code, § 157.083) (Ord. 101-1986, passed 10-7-1986; Ord. 126-1989, passed 11-21-1989) Penalty, see § 157.999
§ 157.089 PLAN REVIEW AND APPROVAL.
Whenever any property is affected by these landscape and buffer requirements, the property owner or developer shall prepare a plan for submittal to, and approval by, the Zoning Administrator. The Zoning Administrator shall follow the requirements of this section in approving any plan required herein. The contents of the plan shall include the following:
(A) The dimensions and acreage of the lot or plot or portion thereof to be built upon or otherwise used;
(B) The layout of the entire project, including the proposed uses of all structures, and its relation to adjoining properties;
(C) The layout of all off-street parking and loading areas, including the location of entry and exit points, the internal vehicular circulation pattern, and the location and dimensions of required parking and loading spaces;
(D) The location and dimensions of present and proposed streets and highways (and private drives if applicable);
(E) The location of all existing and proposed plantings and screenings, including name, installation size and quantities;
(F) The location of wall, fences and railings, and an indication of their height and construction materials; and
(G) Title, north arrow, scale, names of owner, developer, person responsible for plan preparation and the date of plan preparation.
(Prior Code, § 157.084) (Ord. 101-1986, passed 10-7-1986) Penalty, see § 157.999
§ 157.090 SIGHT DISTANCE REQUIREMENTS.
To ensure that landscape materials do not constitute a driving and pedestrian hazard, a “sight triangle” will be observed at all street intersections or intersections of driveways with streets. Within the sight triangle, no landscape material, wall or other obstruction shall be permitted between the height of two feet and eight feet above the street or driveway elevation. The sight triangle shall consist of the following; or other dimensions having a similar effect when intersections are not 90 degrees. Driveways to single-family and two-family residences are exempt.
(A) Intersecting streets shall have a sight triangle with two sides being 15 feet along the abutting rights-of-way lines, measured from their point of intersection, and the third side being a line connecting the ends of the other two lines.
(B) A street intersecting a railroad track shall have a sight triangle with two sides being 25 feet along the abutting rights-of-way lines, measured from their point of intersection, and the third side being a line connecting the other two lines.
(C) A street intersecting a driveway shall have a sight triangle with one side being 15 feet along the right-of-way, one side being ten feet along the abutting driveway edge, and the third side being a line connecting the other two sides.
(D) The B-3 Downtown Business District shall be exempt from these site distance requirements because of the large scale dense development, low traffic speeds and adequate traffic controls.
(Prior Code, § 157.085) (Ord. 101-1986, passed 10-7-1986) Penalty, see § 157.999
§ 157.091 INSTALLATION AND MAINTENANCE.
(A) Existing landscape material in satisfactory condition may be used to satisfy these requirements in whole or in part when such material achieves the objectives of this subchapter. Otherwise, all landscaping shall be of good quality and installed in a sound, workmanlike manner.
(B) Parking vehicles may overhang a landscaped area no more than one-half-foot, provided curbing or other wheel stops are installed to ensure no greater overhang or penetration of the landscaped area. Landscaping, walls, fences and any other material shall be so located to prevent its damage and/or destruction by over-hanging vehicles.
(C) The type of landscape material used in meeting the requirements of this subchapter is at the option of the owner or developer. However, a recommended plant list shall be maintained by the city to provide detailed information on appropriate plant materials.
(D) All trees to be used shall be a minimum of eight feet in overall height upon planting. Shrubs shall be a minimum of two feet in height when measured immediately after planting. In any event, plant material required for the purpose of screening shall be of such initial size to reach the required height and density within two normal growing seasons.
(E) The owner and tenant of the property shall be responsible for the continued, proper maintenance of all landscaping materials, and shall keep them in a proper, neat and orderly appearance, free from refuse and debris, at all times. All landscaped areas shall be provided with a readily available water supply. All unhealthy or dead plant material shall be replaced within one year, or by the next planting season, whichever comes first.
(Prior Code, § 157.086) (Ord. 101-1986, passed 10-7-1986) Penalty, see § 157.999