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Glenwillow City Zoning Code

CHAPTER 1159

Landscaping, Screening and Lighting Requirements

1159.01 INTENT.

   The purpose of this chapter is to protect and promote the public health, safety, general welfare, and beautification of Glenwillow through the use of landscaping, buffering and lighting. Specifically, it is the purpose of this Chapter to:
   (a)   Improve the appearance of vehicle use areas;
   (b)   Require buffering between land uses of differing intensities in order to remove, reduce, lessen or absorb the impact between one use or zoning district and another;
   (c)   Encourage the creation of an attractive appearance, provide interest and lessen the monotony along public streets in the Village;
   (d)   Aid in noise, glare and heat abatement and reduction in artificial light glare;
   (e)   Contribute to the process of air purification and ground water recharge, and to control of ground water runoff in order to prevent or reduce soil erosion and sedimentation;
   (f)   Enhance energy conservation; and
   (g)   Increase and maintain property values.
      (Ord. 2016-07-24. Passed 8-3-16.)

1159.02 LANDSCAPING AND BUFFERING REQUIRED.

   (a)   Single-family New Construction. New construction of a residential dwelling shall be required to prepare a landscape plan in compliance with Chapter 1310.
   (b)   New Sites. No certificate of compliance or building permit shall be issued hereafter for any site development or the construction or improvement of any building, structure or vehicular use area except where landscaping and buffering for such development or construction has been approved as required by the provisions of this Code.
   (c)   Existing Sites. No building, structure, or vehicular use area shall be constructed or expanded unless the minimum landscaping required by the provisions of this chapter is provided to the property to the extent of its alteration or expansion. In the case of a substantial expansion, the entire site must be brought into compliance with the minimum requirements of this subchapter. An alteration or expansion to an existing property is substantial when:
      (1)   In the case of a building or structure expansion which does not involve additional land, the square footage of the alteration or expansion exceeds twenty-five percent (25%) of the square footage of the existing building exclusive of the alteration or expansion;
      (2)   In the case of an alteration or expansion involving both an existing building or structure and additional land, and, if applicable, additional structures or buildings, the area or square footage of the expanded or altered land or structure or building, respectively, exceeds twenty-five percent (25%) of the area or square footage of the existing land or structure or building respectively, exclusive of the alteration or expansion.
      (3)   "Land," as used herein, includes land used for space, parking or building purposes.
      (4)   Where there is no expansion of a structure but the vehicular use area is expanded, this article shall apply to any new vehicular use areas.
         (Ord. 2016-07-24. Passed 8-3-16.)

1159.03 LANDSCAPING AND BUFFER PLAN.

   (a)   Landscaping and Buffer Plan Requirement.
      (1)   Any property to which this chapter applies shall illustrate all proposed landscaping and buffer, including the proposed landscaping material, on a site plan or on a separate landscaping and buffer plan as part of the application for a zoning certificate. Plans shall be drawn to scale, include indication of north orientation (arrow), general site grading/drainage patterns and other site structures for reference.
      (2)   All plans shall include a table listing the existing plant material that will be retained and all proposed plant materials within the landscaping and buffer areas. This shall include the common and botanical names, quantities, sizes, typical installation details and other remarks as appropriate to describe the landscaping material selection. This shall also include sizing of planting beds for annuals, deer protection elements, depth and type of mulching and lawn/sod areas.
   (b)   Approval of A Landscaping and Buffer Plan.
      (1)   No zoning certificate shall be issued without approval of a landscaping and buffer plan by the Planning Commission.
      (2)   Failure to implement the landscaping and buffer plan within twelve (12) months of the issuance of a zoning certificate shall be deemed a violation of this resolution.
         (Ord. 2016-07-24. Passed 8-3-16.)

1159.04 LANDSCAPING ALONG STREETS.

   All areas on private property within the required building and parking front yard setback, excluding driveway openings, shall be landscaped and maintained with the following minimum requirements, which shall be in addition to any required trees in the public right-of-way:
   (a)   In Nonresidential Districts and for nonresidential uses in Residential Districts, the front yard shall be planted with three (3) deciduous trees and ten (10) shrubs for every 100 linear feet of street frontage, not including drive entrances.
   (b)   Areas not devoted to trees and shrubs shall be planted with grass, ground cover, or other live landscape treatment, excluding paving or gravel, including land in the street right-of-way that is not occupied by street or sidewalk pavement, or mulch.
   (c)   Landscaping materials may be placed in any manner and do not have to be equally spaced. Applicants are strongly encouraged to locate trees and shrubs in a manner that will prevent damage from salt and other materials used to melt snow from the roads. Applicants are strongly encouraged to select plant material that is deer resistant. Applicants shall not include invasive plant materials as identified by the Ohio Department of Natural Resources.
      (Ord. 2016-07-24. Passed 8-3-16.)

1159.05 SCREENING OF PARKING LOTS.

   Whenever parking areas consisting of five (5) spaces or more are located such that the parked cars will be visible from a public street, landscaping, in addition to the landscaping required in Section 1159.04 above, shall be planted and maintained between the street and the parking lot. Such landscaping shall be a minimum height of two and one-half (2½) feet, located adjacent to the parking lot and shall be placed to effectively obscure a minimum of fifty percent (50%) of the parking area within two (2) years after the initial installation.
(Ord. 2016-07-24. Passed 8-3-16.)

1159.06 BUFFERING WHEN LOT ABUTS A RESIDENTIAL DISTRICT.

   When a lot in any Business or Industrial District abuts a Residential District or when a nonresidential use is approved in a Residential District, buffering along the entire length of the common boundary shall be provided in accordance with the following regulations and shall be approved as part of the development plan required by Chapter 1115.
   (a)   No structure shall be permitted within a required buffer area other than a wall, fence, mound, or earth berm. Driveways may cross perpendicularly across a buffer area, disturbing the least amount of buffer.
   (b)   Buffer areas shall be provided as set forth below:
      (1)   When a development in a Village Center Business District abuts a residential district, a buffer area with a minimum width of ten (10) feet shall be provided unless a greater setback is required as part of a variance or conditional use
      (2)   When a development in an Industrial District abuts a residential district, a buffer area with a minimum width of thirty-five (35) feet shall be provided unless a greater setback is required as part of a conditional use.
      (3)   When a use other than single-family dwellings is permitted in any residential district, a buffer area with a minimum width of twenty (20) feet shall be provided unless a greater setback is required as part of a conditional use.
   (c)   Screening Materials. 
      (1)   Screening within the buffer yard shall consist of one or a combination of the following:
         A.   A dense vegetative planting incorporating trees and/or shrubs of a variety which shall be equally effective in winter and summer.
         B.   A non-living opaque structure such as a brick, slump block, stucco masonry wall, or a solid fence that is compatible with the principal structure.
         C.   A fence having openings through which light and air may pass together with a landscaped area at least ten (10) feet wide.
         D.   A landscaped mound or berm at least ten (10) feet wide.
      (2)   The location of the wall, fence, or vegetation shall be placed within the buffer yard to maximize the screening effect as determined by the Planning Commission.
      (3)   Existing landscape material shall be shown on the required plan, and any material in satisfactory condition may be used to satisfy these requirements in whole or in part when, in the opinion of the Planning Commission, such material meets the requirements and achieves the objectives of this chapter.
   (d)   Height of Screening. The height of screening shall be in accordance with the following:
      (1)   Visual screening walls, fences, or mounds and fences in combination shall be a minimum of six (6) feet high measured from the natural grade, in order to accomplish the desired screening effect.
      (2)   Vegetation shall be a minimum of six (6) feet high measured from the natural grade, in order to accomplish the desired screening effect. The required height shall be achieved no later than twelve (12) months after the initial installation.
   (e)   Placement of Screening. The location of the wall, fence, or vegetation shall be placed within the buffer area to maximize the screening effect. Trees, evergreens, and/or hedges shall be adequately spaced and appropriately staggered to meet the screening objectives within two (2) years after the initial installation. The landscaping and buffer plan shall indicate the specific type of option(s) to be used.
   (f)   Additional Screening Required. Whenever a lot with a lower elevation than the abutting residential parcel requires screening and buffering, the height of the required screening shall be sufficient to adequately screen the site from the adjacent residential lot. The Planning Commission may, in its review of the landscaping plan, require more than the minimum requirements specified in this section in order to accomplish the desired screening effect.
      (Ord. 2016-07-24. Passed 8-3-16.)

1159.07 LANDSCAPING AT DRIVEWAY AND STREET INTERSECTIONS.

   To insure that landscape materials do not constitute a driving hazard, a sight triangle shall be observed at all street intersections or intersections of driveways and streets. Within this sight triangle, neither landscape material nor parked vehicles, except for required grass or ground cover, shall be permitted. Within the sight triangle, trees shall be permitted as long as, except during early growth stages, only the tree trunk is visible between the ground and eight (8) feet above the ground, or otherwise does not present a traffic visibility hazard.
   (a)   Driveway Intersection Sight Triangle. At intersections of driveways with streets, the sight triangle shall be established by locating the intersection of the street curb with the driveway edge, and by measuring from this point a distance of ten (10) feet along the driveway to a point and a distance of twenty (20) feet along the street curb to a point and connecting these points.
   (b)   Street Intersection Sight Triangle. At street intersections, the sight triangle shall be formed by measuring at least thirty (30) feet along curb lines and connecting these points.
(Ord. 2016-07-24. Passed 8-3-16.)

1159.08 SCREENING OF OUTSIDE STORAGE AREAS OR OTHER SERVICE AREAS.

   In addition to all other landscaping standards in this section, screening shall be required to conceal specific nonresidential areas of high visual or auditory impact. Such areas shall be screened at all times, unless otherwise specified, regardless of adjacent uses, districts, or other landscaping material.
   (a)   Items to Be Screened. The following areas shall be screened in accordance with this section:
      (1)   Large waste receptacles (dumpsters) and refuse collection points (including large recycling containers);
      (2)   Loading and service areas;
      (3)   All outdoor storage areas;
      (4)   Mechanical equipment and utility meters not located on, and screened by, the building or structure.
    (b)   Screening Requirements
      (1)   All screening shall be approved during zoning certificate review.
      (2)   All items to be screened shall be shielded from view from public roads and adjoining residential zoned property.
      (3)   All items to be screened shall be located in the side or rear yards.
      (4)   All items to be screened shall be provided with a visual screen consisting of fences, walls, berms or approved plant materials or a combination thereof. The screening shall be at least one (1) foot higher than the item to be screened but not less than six (6) feet in height and shall extend along three (3) sides of the items to be screened. For dumpster, a gate shall be required on the fourth side where access is provided to the dumpster. The gate shall be opaque enough to shield from view the interior of the service area.
      (5)   If an adjacent building provides screening on one (1) side of the service area, only two (2) sides need to be screened, bermed, or walled, with a gate required in front of the service area. The gate shall be opaque enough to shield from view the interior of the service area.
      (6)   All plant materials used for required screens around service areas shall be of an evergreen variety.
      (7)   Roof mounted mechanical equipment shall be screened by parapet walls or other screening device with height not lower than six (6) inches below the height of mechanical equipment
      (8)   Fences or walls shall be compatible with the architectural materials and patterns of the principal structure.
         (Ord. 2016-07-24. Passed 8-3-16.)

1159.09 LANDSCAPE MATERIALS.

   Landscaping materials used to meet the requirements of this Chapter shall consist of the following. The proposed landscape materials should complement the form of the existing trees and plantings, as well as the development's general design and architecture. The type of shade or sun should be considered in selecting plant materials.
   (a)   Earth Mounds. Earth mounds shall be physical barriers which block or screen the view similar to a hedge, fence or wall. Mounds shall be constructed with proper and adequate plant material to prevent erosion. A difference in elevation between areas requiring screening does not constitute an existing earth mound and shall not be considered as fulfilling any screening requirement. Where mounds are to be mowed, the maximum permitted slope is 4:1.
   (b)   Plants. Artificial plants are prohibited. All plant materials shall be living plants and shall meet the following requirements:
      (1)   Quality.  Plant materials used in conformance with provisions of this chapter shall be nursery grown in accordance with good horticultural practices, grown under climatic conditions similar to those in Northeast Ohio, shall conform to the standards of the American Association of Nurserymen and shall have passed any inspections required under state regulations. In addition, trees shall be free of disease, insects and/or damage, and shall be correctly labeled indicating genus, species and cultivar. All trees must be transported to/in Glenwillow from the nursery or holding area in a covered fashion to protect the tree from wind damage.
      (2)   Deciduous trees. Trees which normally shed their leaves in the fall shall be species having an average mature crown spread of greater than fifteen (15) feet in Northeast Ohio and having trunks which can be maintained with over five (5) feet of clear wood in areas which have visibility requirements, except at vehicular use area intersections where eight foot clear wood requirements shall control. Trees having an average mature spread of crown less than fifteen (15) feet may be substituted by grouping of the same as to create the equivalent of a fifteen (15) foot crown spread. A minimum of ten (10) feet overall height or a minimum caliper, trunk diameter measured six (6) inches above ground for trees up to four (4) inches caliper of at least one and three-fourths (1¾) inches immediately after planting shall be required. Trees of species whose roots are known to cause damage to public roadways or other public works shall not be planted closer than fifteen (15) feet to such public works, unless the tree root system is completely contained within a barrier for which the minimum interior containing dimensions shall be five (5) feet square and five (5) feet deep and for which the construction requirements shall be four (4) inch thick, reinforced concrete.
      (3)   Evergreen trees. Evergreen trees shall be a minimum of five (5) feet high with a minimum caliper of one and one-half (1½) inches immediately after planting.
      (4)   Shrubs and hedges used for screening. Shall be a minimum of two (2) feet high when planted and shall conform to the opacity and height requirements within two (2) years after planting.
      (5)   Grass or ground cover. Grass of the fescue (Gramineae) or bluegrass (Poaceae) family shall be planted in species normally grown as permanent lawns in Northeast Ohio, and may be sodded or seeded, or covered by artificial turf or other similar type of surface approved by the Planning Commission. Except in swales or other areas subject to erosion, where solid sod, erosion reducing net, or suitable mulch shall be used, nurse-grass seed shall be sown for immediate protection until complete coverage otherwise is achieved. Grass sod shall be clean and free of weeks and noxious pests or diseases. Ground cover shall be planted in such a manner as to present a finished appearance and seventy-five percent (75%) of complete coverage after complete growing seasons, with a maximum of eight (8) inches on center. In certain cases, ground cover also may consist of rocks, pebbles, sand and similar approved materials.
   (c)   Prohibited Materials. Applicants shall not include invasive plant materials as identified by the Ohio Department of Natural Resources.
      (Ord. 2016-07-24. Passed 8-3-16.)

1159.10 MAINTENANCE.

   (a)   Required yards and all other portions of the lot not covered by permitted structures shall be landscaped with grass, trees, shrubbery and/or other appropriate ground cover or landscaping material, which at all times shall be pruned, trimmed, and maintained in good and healthy condition.
   (b)   All landscaping materials shall be installed and maintained according to accepted nursery industry procedures. The property owner shall be responsible for continued, perpetual maintenance of all landscaping materials, and shall keep them in a proper, neat and orderly appearance, free from refuse, debris, and noxious and unsightly weeds at all times.
   (c)   All unhealthy or dead plant material shall be replaced within one year, or by the next planting period, whichever comes first; while other defective landscape material shall be replaced or repaired within three (3) months. Replacement material shall conform to the original intent of the landscaping and buffer plan.
   (d)   Violation of installation provisions or failure to maintain the landscaping shall constitute a violation of this Code. Such violation shall be grounds for the Chief Building Official to require replacement of the landscape material or initiate legal proceedings to enforce the provisions of this resolution.
(Ord. 2016-07-24. Passed 8-3-16.)

1159.11 EXTERIOR LIGHTING STANDARDS.

   The purpose of this section is to regulate the placement, orientation, distribution patterns, and fixture types of outdoor lighting on nonresidential sites in order to preserve, protect and enhance the character of the Village and the safety of its residents.
   (a)   All outdoor lighting fixtures located on the site (including lighting for signs and on buildings) shall be arranged so as to:
      (1)   Provide safety, utility and security;
      (2)   Control light trespass and glare on adjacent properties and public roadways; and
      (3)   Reduce atmospheric light pollution.
   (b)   Lighting Plan Required: Lighting plans shall be submitted for approval with all applications for zoning certificates in nonresidential districts and for all nonresidential uses in residential districts unless specifically exempted below.
   (c)   Exemptions.
      (1)   Decorative outdoor lighting fixtures with bulbs that do not exceed twenty-five (25) watts, installed seasonally, are exempt from the requirements of this chapter.
      (2)   Temporary construction or emergency lighting is exempt from the requirements of this section. Such lighting shall be discontinued immediately upon completion of the construction work or abatement of the emergency necessitating such lighting.
      (3)   All outdoor lighting fixtures existing and legally installed prior to the effective date of this article shall be exempt from the requirements of this article. When existing lighting fixtures become inoperative, their replacements are subject to the provisions of this article.
   (d)   Outdoor Lighting Standards:
      (1)   All outdoor lighting fixtures subject to these requirements (including but not limited to lighting fixtures used for parking areas, buildings, building overhangs, canopies, signs, displays and landscaping), shall be full cut-off type fixtures, except for decorative light fixtures (See Figure 1159.11).
      (2)   Lighting attached to a canopy or awning shall be recessed ceiling fixtures.
      (3)   No light fixture shall exceed twenty-four (24) feet above grade. The maximum height for non-cutoff lighting fixtures shall be twelve (12) feet above grade.
Figure 1159.11 Illustration of Cutoff Lighting vs Non-Cutoff Lighting
 
 
       (4)   The maximum level of light trespass at a property line shall be 0.5 footcandles at the property line.
      (5)   Exterior lighting shall not be designed or located in such a way as to shine directly into an adjacent dwelling unit, regardless of the applicable zoning district.
      (6)   The placement of light poles within raised curb planter areas or landscaped islands is encouraged, but conflicts with parking lot trees that can obscure the lighting shall be avoided through alternative lighting locations.
      (7)   Outdoor lighting shall not be of such an intensity or color distortion as to cause glare or to impair the vision of drivers or pedestrians. Mercury lighting shall be prohibited.
      (8)   Uniform lighting shall be provided to prevent various intensities of lighting throughout the parking area. Such uniform lighting shall be illustrated in the required lighting plan.
      (9)   Lighting attached to a building shall not be designed, located, or mounted so as to exceed the height of the building.
      (10)   For statues, monuments, fountains, flags, or other objects for which it may not be possible to reliably and consistently illuminate with full cutoff lighting, upward lighting may be used only in the form of spotlights which confine the illumination to the object of interest.
      (11)   The use of search lights, laser lighting, or lights that pulse, flash, rotate or simulate motion for advertising or promotions is prohibited.
         (Ord. 2016-07-24. Passed 8-3-16.)