A. Transition Screens: A transition screen shall be required along all lot lines or public rights of way in an I-3 district which are contiguous to any residential district, including R-1, R-1A, R-2 and R-3 districts. Transition screens shall extend the full length of such border, and shall consist of a planting screen that meets the specifications set forth in subsections B and C of this section. A landscaped berm or fence screen meeting the specifications in subsection D or E of this section may be used in lieu of such planting screen, if a variation for such substitution is granted by the zoning board of appeals.
B. Planting Screens: Planting screens shall consist of trees, bushes or shrubs of a variety and so planted and kept as to meet and maintain the following criteria, with such criteria to be achieved within thirty six (36) months after occupancy of the premises to be screened.
C. Minimum Height And Open Space: Such screen shall have a minimum height of six feet (6') above grade at any particular point along its length. Any two foot (2') square segment of a planting screen shall contain no more than thirty percent (30%) open space affording direct horizontal view through such screen if such segment is over two feet (2') above grade.
1. Adequate evidence from a registered engineer shall be furnished demonstrating that the construction of such berm, along with any necessary culverts and ditching, will not create adverse drainage and flooding conditions on adjacent property.
2. Such berm shall be at least fifteen feet (15') in width at the base and at least three feet (3') in height, as measured perpendicular to grade level at any point along its length. Side slopes shall have a gradient no steeper than three to one (3:1).
3. Side slopes of such berm shall be sodded so as to prevent erosion. The top of the berm shall contain a planting screen according to the specifications set forth in subsection A of this section except that the minimum height of such planting screen need be no more than three feet (3') above the top of the berm at any particular point along its length. Construction and material of such berm shall be as approved by the zoning board of appeals.
E. Fence Screen: A fence screen shall not be less than six feet (6') nor more than eight feet (8') in height above grade level, at any particular point along its length, and any two foot (2') square segment of such screen shall contain no more than thirty percent (30%) open space affording a direct horizontal view through such screen. Construction and material of such fence screen shall be as approved by the zoning board of appeals.
F. Screening Plan: A plan for such transition screen, as set forth in subsection A of this section, shall be provided to the city at the time of submission of an application for building permit, and installation of such screening shall be completed at the time of completion of the building, with the exception of a planting screen, which shall have attained the standards set forth in subsection B of this section within the time set forth herein.
G. Failure To Install: In the event such screens are not installed or have not attained such standards pursuant to the terms of this section within the period set forth herein, the zoning board of appeals may issue a cease and desist order providing that all use of the premises terminate until the screening requirements are met, and may assess a fine pursuant to the applicable sections of this code, or both. (Ord. 525, 5-1-2007)