Fremont City Zoning Code

CHAPTER 1147

Landscaping

1147.01 INTENT.

This Chapter is intended to improve and protect the environment, character and value of surrounding neighborhoods by providing for the installation and maintenance of landscaping and the preservation of natural plant growth. The provision of landscaping and the retention of natural plant growth reduces erosion, provides natural water retention and filtration, provides shade, abatement of noise, glare, buffers incompatible uses, aids in urban temperature control and improves the aesthetic quality of a community, thereby promoting the public health, safety and general welfare. The guidelines listed below are intended to be used in conjunction with Chapter 1145: Off-Street Parking and Access. The provisions of this Section are minimum standards.

(Ord. 2020-4053. Passed 1-7-21.)

1147.02 APPLICABILITY.

(a) The use of landscaping shall be required for the areas listed below:

(1) Commercial areas.

(2) Multi-Family Residential/Institutional/Public Facility areas.

(3) Industrial.

(b) Expansion of Existing Off-street Parking and Loading Lots. When an off-street parking lot existed as of the effective date (Ordinance 3056. Passed 07-16-1998) of these landscaped regulations, and such off-street parking lot is enlarged in area or capacity, the entire parking lot both old and new shall comply with these regulations.

(d) Landscaping shall not be required for one-, two-, three-family dwelling units.

(Ord. 2020-4053. Passed 1-7-21.)

1147.03 LANDSCAPE PLAN.

A landscape plan shall be submitted to the Zoning Inspector for approval prior to the issuance of any zoning permit to ensure compliance with the provisions of this Chapter.

(a) Preparation by Qualified Professional. A licensed landscape architect, landscape designer, landscape contractor, horticulturalist or Ohio Certified Nursery Technician must prepare every landscape plan required by this Chapter.

(b) Landscape plans shall be drawn to an acceptable scale not to exceed one (1) inch equals forty (40) feet or as approved with sufficient detail to contain the following information:

(1) Vicinity map, zoning districts, north arrow, and dimensions;

(2) The name of applicant and plan preparer with contact information;

(3) Location of all existing and proposed buildings, structures, and fences;

(4) Location of any dumpster including screening details;

(5) Location and area of off-street parking, and vehicular use areas;

(6) Location and dimensions of all required landscape buffers;

(7) Location and dimensions of all required internal landscaping;

(8) Location and spacing of all proposed plant material keyed to a plant schedule;

(9) Plant schedule with botanical and common names; quantity of each species to be planted and plant size; and

(10) Identification of existing trees and vegetative cover to be preserved.

(c) Landscape plans shall comply with the requirements of this Chapter and the ability of the applicant to maintain required landscaping in a healthy, neat, and orderly appearance.

(Ord. 2020-4053. Passed 1-7-21.)

1147.04 INSTALLATION AND MAINTENANCE.

To ensure that the landscaping provided is adequate to meet the intent of this Chapter, the following requirements are specified.

(a) Installation.

(1) All landscaping shall be installed in a sound workmanlike manner and according to accepted good planting practice with the quality of plant materials as hereinafter described. All elements of landscaping not including plant material except hedges shall be installed so as to meet any other applicable ordinance.

(2) A designated representative of the City of Fremont shall inspect all landscaping and no zoning permit or similar authorization will be issued unless the landscaping meets the requirements provided herein.

(b) Landscape performance bond. The installation of landscaping may be deferred for up to six (6) months from the date an applicant receives a zoning permit. A bond shall be submitted to the City in order to ensure the completion of the landscaping in accordance with the approved plan. It shall be the responsibility of the applicant and the property owner to contact the Zoning Inspector upon completion of the landscaping work and request an inspection.

(1) The owner, tenant, or their agent, if any, shall be jointly and separately responsible for the maintenance of all landscaping which shall be maintained in good condition so as to present a healthy, neat and orderly appearance at all times and shall be kept free from refuse and debris.

(2) All planted areas shall be provided with a readily available water supply within one hundred (100) feet to ensure continuous healthy growth and development.

(3) Maintenance shall include the immediate replacement of all dead plant material unless, because of the species of plant material, planting must occur during a certain season, in which case replanting will be done as soon as is practical for safe growth.

(Ord. 2020-4053. Passed 1-7-21.)

1147.05 LANDSCAPING ADJACENT TO A STREET.

A strip of land at least ten (10) feet in width located adjacent the abutting public street right of way shall be landscaped.

(a) Such landscaping shall include one (1) tree for each thirty (30) lineal feet or fraction thereof. Such trees shall be located between the abutting right of way line and off street parking area or other vehicular use area and shall be planted in a planting area of at least twenty-five (25) square feet with a dimension of at least five (5) feet.

(b) Such landscaping shall include a solid evergreen hedge, native plant perennials, or ornamental tree plantings to screen the parking lot.

(c) The remainder of the required landscaped areas shall be landscaped with grass, ground cover, shrubs, hedges, native plant species, or other landscape treatment, excluding paving.

(d) Stormwater swales may be incorporated into the strip. Other stormwater detention and retention facilities shall not be permitted in the street buffer strip. See Section 1147.12: Natural Stormwater Management Areas.

(e) Curbing shall be provided on the parking lot side of the ten (10) foot width strip to protect landscaping adjacent to a street from vehicle encroachment per Section 1145.07(f): Landscape Setback Strips and Curbs, Subsection (1).

(f) All landscaping performed pursuant to this Section must also comply with the visibility requirements of Section 1147.16: Sight Visibility Triangle.

Figure 1147.05-1 Landscaping Adjacent to a Street

(Ord. 2020-4053. Passed 1-7-21.)

1147.06 PERIMETER LANDSCAPING FOR PARKING AREAS.

A strip of land at least ten (10) feet in depth located between the off-street parking area or other vehicular use area and the adjacent property lines where such an area shall not be entirely screened visually by an intervening building or structure from the adjacent property lines shall be landscaped.

(a) Such landscaping shall include one (1) medium tree for each thirty (30) lineal feet or fraction thereof.

(b) Such trees shall be located between the abutting property and off-street parking area or other vehicular use area and shall be planted in a planting area of five (5) feet.

(d) The remainder of the required landscaped areas shall be landscaped with grass, ground cover, shrubs, hedges, native plant species, or other landscape treatment, excluding paving.

(e) Necessary accessways from the public right of way through all such landscaping shall be permitted to service the parking or other vehicular use areas and such accessways may be subtracted from the lineal dimension used to determine the number of trees required.

(f) In areas zoned for industrial uses these requirements shall be reduced by fifty percent (50%).

Figure 1147.06-1 Perimeter Landscaping for Parking Areas

(Ord. 2020-4053. Passed 1-7-21.)

1147.07 PARKING AREA INTERIOR LANDSCAPING.

(a) Generally.

(1) Interior portions of off-street parking facilities which are not specifically designed as parking spaces or maneuvering areas shall not be paved for vehicle use.

(2) Said areas shall be planted and permanently maintained with trees and shrubs, and finished with ground cover or other landscape material. Interior parking landscaping shall insofar as possible, be used to delineate and guide major traffic movement within off-street parking areas and other vehicular use areas to prevent cross-space driving, whenever possible.

(3) A portion of the landscaping for interior parking spaces not to exceed fifty percent (50%) of the total requirement, may be relocated so as to emphasize vehicular accessways to the general parking area, if helpful in achieving better traffic patterns or use or in achieving greater overall aesthetic effect.

(b) Maximum Number of Continuous Parking Spaces.

(1) At least ten percent (10%) of the area devoted to parking or other vehicular use shall be landscaped.

(2) This shall include all impervious surfaces except the building footprint and any sidewalk areas. Each separate landscaped area shall contain a minimum of fifty (50) square feet of planting area, with a minimum of at least five (5) feet.

(3) These landscaped areas shall be placed at intervals of no more than ten (10) parking spaces and, shall include at least one (1) canopy tree or equivalent grouping.

(4) The total number of trees shall not be less than one (1) for each one hundred square feet, or fraction thereof, of required interior landscaped area.

(5) The remaining area shall be adequately landscaped with shrubs, ground cover or other authorized landscape treatment, not to exceed three (3) feet in height and excluding paving.

(c) Termination of Parking Rows. Each row of interior parking spaces shall be terminated at each end by a landscaped area which shall be a minimum of one hundred (100) square feet with a minimum dimension of ten (10) feet. These landscaped areas must have one (1) tree of a minimum height of seven (7) feet at the time of planting and an average mature spread of crown greater than fifteen (15) feet.

(d) Curbing. All interior landscaping areas shall be curbed to prevent vehicular encroachment.

(e) Exemptions.

(1) Interior landscaping shall not be required for areas zoned for industrial use.

(2) Interior landscaping is not required when the paved portion of the lots has fifty (50) parking spaces or less.

Figure 1147.07-1 Parking lot showing 10 percent interior landscaping

(Ord. 2020-4053. Passed 1-7-21.)

1147.08 LANDSCAPED BUFFER AREA ABUTTING RESIDENTIAL.

Where commercial, industrial, institutional and public facility areas abut property zoned residential a landscaped buffer area consisting of shrubs, hedges, native plant perennials, trees, vines, grass, ground cover or other landscape treatment at least ten (10) feet in depth shall be provided.

(a) Such landscaped buffer shall be designed not to be less than six (6) in height (within six (6) months after planting) to form a continuous, opaque screen between the commercial or industrial area and the abutting property.

(b) Such landscaped barrier shall be located along the common lot line.

(c) A six-foot high masonry wall or wooden fence set in a ten-foot wide landscaped buffer area may be substituted for the required six-foot height planted buffer. Such fence shall be permanently maintained and kept in an acceptable state of repair.

(d) In addition, one (1) tree shall be provided for each fifty (50) lineal feet of such landscaped barrier or fractional part thereof. Each such tree shall be planted in at least twenty-five (25) square feet of planting area with a minimum dimension of at least five (5) feet. Each such planting area shall be landscaped with grass, ground cover, native plant species or other landscape material, excluding paving, in addition to the required tree.

Figure 1147.08-1 Landscaped Buffer Area Abutting Residential

(Ord. 2020-4053. Passed 1-7-21.)

1147.09 B-1 CENTRAL BUSINESS DISTRICT PARKING LOT LANDSCAPING.

(a) Perimeter landscaping must be installed along any parking lot area adjacent to a street. Perimeter landscaping will consist of one of the following, located between the parking lot and the property line:

(1) Landscaped area at least five (5) feet wide, exclusive of easements, sidewalks, or rights-of-way, planted with at least one (1) shrub or an equivalent native plant species for every three (3) to five (5) feet of property line, as determined by growth characteristics;

(2) Three (3) feet high metal tube or solid bar fence, with at least one (1) shrub for every three (3) feet of property line planted on the outside of the fence; or

(3) Solid three-foot-high brick or stone wall. Said wall maybe higher within the Downtown Historic District with review and approval from the Architectural Review Board.

(b) Wheel stops must be provided to ensure that vehicles cannot overhang directly on plant material if a landscaped area is used.

(Ord. 2020-4053. Passed 1-7-21.)

1147.10 SCREENING REQUIREMENTS FOR DUMPSTERS.

All new or relocated dumpsters shall be located within a fence or screened area. The following general regulations shall apply in all zoning districts:

(a) Dumpsters shall be located in the rear yard or non-required side yard unless otherwise approved by the Planning Commission and shall be no less than twenty (20) feet from any adjacent residential district.

(b) Required screening shall include a continuous planting, hedge, fence, or similar feature that will enclose the dumpster on three sides. A gate may be required on the fourth side if visible to the public.

(c) Screening established with plant materials shall provide seventy-five percent (75%) opacity within two (2) years of planting. All other types of screening shall completely screen the dumpster. If the screening is accomplished through a structure, such structure shall be composed of materials similar to the principal building.

(d) Bollards shall be provided within the enclosure, with at least two (2) in the rear, to prevent the dumpster from striking or damaging the screening enclosure. The Planning Commission may approve another type of protection device if the Commission determines that such device protects the enclosure as well as bollards.

(e) The minimum height of the screening material shall at least six (6) tall and may be one (1) foot taller than the height of the dumpster but shall not be required to exceed ten (10) feet in height.

(Ord. 2020-4053. Passed 1-7-21.)

1147.11 LANDSCAPING FOR OTHER AREAS.

All property, except for land utilized for principal structures, accessory structures, off-street parking areas, other vehicle use areas and required landscaped areas shall be landscaped with at least grass, ground cover, native plant species, or mulch.

(Ord. 2020-4053. Passed 1-7-21.)

1147.12 NATURAL STORMWATER MANAGEMENT AREAS.

(a) The creation of natural stormwater management areas (e.g., rain gardens and bioswales) may be used as a method of complying with the requirements of this Chapter.

(b) Any natural stormwater management areas must be identified on the applicable landscape plan.

(Ord. 2020-4053. Passed 1-7-21.)

1147.13 LANDSCAPE PLANT MATERIALS.

Plants used to comply with this Chapter shall be subject to the following requirements:

(a) Trees shall be species having an average mature spread crown of greater than fifteen (15) feet in Sandusky County and having trunk(s) which can be maintained in a clean condition over five (5) feet of clear wood. Trees having an average mature spread of crown less than fifteen (15) feet may be substituted by grouping the same so as to create the equivalent of a fifteen (15) foot crown spread.

(b) Tree species shall be a minimum of seven (7) feet overall height immediately after planting with a two inch (2") minimum caliper large or medium class tree.

(Ord. 2020-4053. Passed 1-7-21.)

1147.14 EXISTING PLANT MATERIAL.

In instances where healthy plant material exists on a site prior to its development, in part or in whole, for purposes of off-street parking or other vehicular use area, the Zoning Inspector may adjust the application of the above mentioned standards to allow credit for such plant material if, in his or her opinion, such an adjustment is in keeping with and will preserve the intent of this Chapter. (Ord. 2020-4053. Passed 1-7-21.)

1147.15 UNDESIRABLE TREE LIST.

(a) A preferred tree species list shall be maintained in the Zoning Department. Species from this list shall be used to supplement the required species. Tree species proposed for use that are not contained on the list shall be subject to acceptance by the Fremont Tree and Beautification Committee.

(b) The following tree species shall be specifically prohibited from use in required landscaping in Fremont, Ohio:

(1) Box Elder (acer Negundo);

(2) Silver Maple (Acer Saccharinum);

(3) Catalpa (Catalpa Speciosa);

(4) Mulberry (Morus Alba);

(5) Poplars, all kinds (Populus);

(6) Black Locust (Robinia Pseudoacia);

(7) Willow, all kinds (Salix);

(8) Chinese Elm (Ulmus Pumila);

(9) Tree of Heaven (Ailanthus Altissima); and

(10) Any tree or shrub deemed undesirable as to species or location.

(Ord. 2020-4053. Passed 1-7-21.)

1147.16 SIGHT VISIBILITY TRIANGLE.

(a) All landscaping within the triangular areas described below shall provide unobstructed cross visibility at a level between two (2) feet and six (6) feet; provided, however, trees and shrubs be trimmed in such a manner that no limbs or foliage extend in the visibility areas shall be allowed, and provided they are located so as not to create a traffic hazard. Landscaping, except required solid sod or ground cover, shall not be located closer than three (3) feet from the edge of any accessway pavement. See also Section 1143.07(g): Corner Clearance for Traffic Visibility.

(b) The triangular area referred to are:

(1) The area of property located at a corner formed by the intersection of two (2) sides of the triangular area, being a minimum of thirty (30) feet in length along the abutting public right of way lines, measured from their point of intersection, and the third side being a line connecting the ends of the other two (2) lines.

Figure 1147.16-1 Sight Visibility Triangle at Street Corner

(2) The area of property formed by the intersection of the accessway, and the public right of way line with one (1) side of the triangle area being thirty (30) feet in length along the public street right of way line measured from the edge of accessway pavement and one (1) side of the triangle being fifteen (15) feet along the accessway pavement measured from the public road right of way line, and the third side being a line connecting the ends of the other two (2) sides.

Figure 1147.16-2 Sight Visibility Triangle at Street and Driveway Intersection

(3) The area of property formed by the intersection of a private alley or roadway and a public right of way, with one (1) side of the triangular area being thirty (30) feet in length along the public road right of way line measured from the edge of the private alley pavement and one (1) side of the triangle being fifteen (15) feet along the private alley measured from the public road right of way line; and the third side being a line connecting the ends of the other two (2) sides.

(Ord. 2020-4053. Passed 1-7-21.)

1147.17 ENFORCEMENT.

(a) The provisions of this Chapter shall be minimum standards and shall apply to all areas of the City. Appropriate landscaping for a given property or development shall be determined by considering the relationship of the project to surrounding properties and developments, the unique characteristics of the property in its natural and developed state, the proposed use of the property, the existing natural vegetation on the property and in the surrounding area, and other factors affecting the public health, safety and welfare.

(b) Any person, firm or corporation, or any agent or representative thereof, who shall violate or fail to comply with the provisions of this Chapter or who violates or fails to comply with any permit issued pursuant to this Chapter shall be fined as provided in Chapter 1177: Enforcement, Violations and Penalties.

(c) Should an owner, agency or person having charge of or occupying any lot or premises covered by this Chapter refuse or neglect, for a period of fifteen (15) days after receiving notice from the City of any violation of this Chapter, fail to cure such violation, the City may act to cure such violation without further notice.

(1) The City may then cause the work of removal, replacement and or cutting to be done and the cost of such work shall forthwith be paid by such owner, agent or other person.

(2) Upon failure of the owner, agent or other person to promptly pay the cost of such work, the City shall cause to be made a written return to the County Auditor of their action with a statement of charges, the amount paid for the performance of such labor and the fees of the officers who made the service and return of the notice and a proper description of the premises with the request that such amount be entered upon the tax duplicate as a lien upon said lands from and after the date of entry to be collected as other taxes and returned to the Municipality according to law.

(d) The City of Fremont may contract with any qualified outside agency to review landscape plans, and to inspect landscaping plans according to the requirements of this Chapter.

(Ord. 2020-4053. Passed 1-7-21.)

1147.18 MODIFICATION.

The standards and criteria in this Chapter establish the City’s objectives and levels of landscaping intensity expected. However, in applying these standards during the site design plan review, the Planning Commission may exercise discretion and flexibility with respect to the placement and arrangement of the required elements to assure that the objectives of the district and the proposed development or redevelopment are best satisfied.

(Ord. 2020-4053. Passed 1-7-21.)

1147.19 DEFINITIONS.

As used in this Chapter, the terms below shall have the meaning ascribed to them herein, unless the context requires otherwise.

(a) “Accessway” means the principal means of ingress and egress to a parcel from a public right of way.

(b) “Commercial area” means any area zoned B-l, and B-2, including commercial area in approved PUD development plans and approved R-O office uses.

(d) “Encroachment” is defined as any protrusion of a vehicle outside of a parking space, display area or accessway into a landscaped area.

(e) “Evergreen” is a plant with foliage that persist and remains green year-round.

(f) “Ground cover” means low growing plants planted in such a manner as to form a continuous cover over the ground, such as English Ivy, low growing varieties of honeysuckle, etc.

(g) “Landscaping” shall consist of any of the following or combination thereof: Material such as, but not limited to, grass, ground covers, shrubs, vines, hedges, or trees; and non-living durable material commonly used in landscaping, such as, but not limited to, rocks, pebbles, sand, walls or fences, but excluding paving.

(h) “Large tree class species” means trees that reach forty-five (45) feet or better in height at maturity.

(i) “Medium tree class species” means trees twenty-five (25) feet to forty-five (45) feet in height at maturity.

(j) “Mulch” means non-living, small, aggregate material such as sawdust, compost, bark or pine needles used as a ground cover.

(k) “Multi-Family Residential/Institutional/Public Facility areas” means any area zoned residential (except for single family residential) or areas to be used for public facilities constructed by other city, county, state, federal, or special district; or areas to be used for institutions such as churches, schools, service organizations or other nonprofit organizations.

(l) “Native Plant Species” shall mean a plant species, other than noxious weeds, that are indigenous to the area and usually do not need human intervention to grow or reproduce.

(m) “Off-street parking area” means any area excepting public right-of-way used for the purpose of parking, storing or display of vehicles, boats, trailers and mobile homes, including used car lots, but not including parking structures or garages.

(n) “Ornamental tree” is a deciduous tree planted primarily for its ornamental value or for screening purposes; tends to be smaller at maturity than a shade tree.

(o) “Other vehicle use areas” means all land upon which vehicles traverse the property as a function of the primary use(s).

(p) “Planting areas” means all land upon which vehicles traverse the property as a function of the primary use(s).

(q) “Shade tree” is usually a deciduous tree - rarely an evergreen - planted primarily for its high crown of foliage or overhead canopy.

(r) “Shrub” means any low, self-supporting woody evergreen as normally grown in Fremont, Ohio.

(s) “Tree” means any self-supporting, woody plants of species which normally grow to an overall height of a minimum of fifteen (15) feet in Sandusky County.

(t) “Vine” means any group of woody or herbaceous plants which may climb by twining, by means of aerial rootlets or tendrils, or which may simply sprawl over the ground.