The purpose of this chapter is to provide minimum standards involving the development of land to provide attractive views from roads and adjacent properties; to screen from view visually undesirable uses; to require screening between incompatible land uses and to protect the health, safety and welfare of the community through the reduction of noise, air and visual pollution, and headlight glare.

(Ord. 2000-128. Passed 12-6-00.)

   This section shall apply to new property development and any collective substantial expansion of existing structures, except for individual single family dwellings and two family dwellings (duplexes) and parking lots of five (5) spaces or smaller. Substantial expansion of existing structures shall be defined based on the criteria established below:

 

 

(Ord. 2000-128. Passed 12-6-00.)

   Any property to which this section applies shall submit a bufferyard plan to the Building Commissioner as part of the Building Permit process required in Chapter 1262. Bufferyard plans shall be prepared by a nursery and/or certified by a design professional practicing within their areas of competence. The site plan shall contain the following information:

   A.   Plans must be at a reasonable scale to indicate all types of proposed landscaping improvements at a minimum of 1" = 20' and shall include the following minimum information:

      1.   North arrow and scale.

      2.   The name of applicant/owner.

      3.   The name, address and phone number of the person or firm responsible for the preparation of the buffering plans.

      4.   The dates the plans are submitted or revised.

      5.   All existing and proposed buildings and other structures, paved areas, planted areas, utility poles, utility vaults, fire hydrants, light standards, signs, fences and other permanent features to be added and/or retained on the site.

      6.   All existing plant material to be removed or retained and all new landscaping materials to be installed.

      7    All existing and proposed streets, sidewalks, curbs and gutters, railroad tracks, drainage ditches and other public or semi-public improvements within and immediately adjacent to the site.

      8.   All property lines and easements.

      9.   Any other information which is deemed appropriate by the Building Commissioner.

   B.   Details shall be shown for the planting of the types of trees, shrubs and ground cover within the bufferyard or landscaped area.

(Ord. 2000-128. Passed 12-6-00.)

   A.   No site or development plan required under this Zoning Code shall receive final approval unless a landscaping plan has been submitted and approved.

   B.   No final approval of the zoning certificate shall be granted unless the following criteria are fully satisfied with regard to the approved landscape plan:

      1.   Such plan has been fully implemented on the site; or

      2.   Such plan, because of seasonal conditions, cannot be implemented immediately, but has been guaranteed by a postponed improvement agreement between the developer and the City.

(Ord. 2000-128. Passed 12-6-00.)

   Once a bufferyard has been approved by the Building Commissioner and established by the owner, it may not be used, disturbed or altered in anyway that would decrease its effectiveness for any purpose.

(Ord. 2000-128. Passed 12-6-00.)

 

(Ord. 2000-128. Passed 12-6-00.)

   In order to provide protective screening and buffers for residentially zoned areas adjacent to nonresidential areas, the Building Commissioner shall require a wall, fence or greenbelt to be provided by the nonresidential property owner in accordance with the following:

   A.   Screening areas shall be provided for the purpose of minimizing the friction between incompatible land uses and improving the aesthetic and functional quality of new development.

   B.   Where vegetative and/or topographic conditions that provide a natural screening and buffer exist prior to development of properties in question, every effort shall be made to retain such conditions. In such cases, additional screening may not be required, provided that provision is made for maintenance of such areas.

   C.   The Building Commissioner may waive the requirement for a wall, fence or greenbelt if equivalent screening is provided by existing or planned parks, parkways, recreation areas or by topography or other natural conditions.

(Ord. 2000-128. Passed 12-6-00.)

   The Mayor may appoint a consulting landscape planner who shall advise the City regarding the landscaping of new and existing commercial developments and other properties in the City.

(Ord. 2000-128. Passed 12-6-00.)

   Other than street tree planting requirements as set forth in Section 1294.13, all sites and buildings, except single-family and two-family residences, that require design and site plan review before the Planning Commission, shall be subject to the landscape requirements as set forth in this chapter. A consulting landscape planner shall advise the Planning Commission. The consulting landscape planner shall also give advice when requested concerning City owned property.

(Ord. 2000-128. Passed 12-6-00.)

   Whenever any property is affected by these landscape requirements, the property owner, or his, her or its agent, shall have a landscape plan prepared for submittal to the Building Commissioner, who shall forward two sets to the landscape planner for review and comment. If the landscape planner questions any phase of the plan, the plan is marked up and returned to the owner, or its agent, for reconsideration and adjustments to said plan. The landscape planner shall forward all site plan review comments to the Building Commissioner, who shall include such comments and ten (10) sets of approved plans on the Planning Commission's agenda as set forth in Chapter 1262. The Planning Commission shall review the landscape plans for compliance with the intent of this section and approve or deny the application within the time limitations as set forth in Chapter 1262.

(Ord. 2000-128. Passed 12-6-00.)

   This section describes the minimum requirements that shall be met in regard to perimeter landscaping for buffering between incompatible land use areas, landscaping for service areas and interior landscaping for businesses, buildings, structures or other new developments of the land.

   A.   Landscaping at Driveways 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 with streets. 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 feet above the ground or otherwise does not present a traffic visibility hazard. The sight triangle is defined in the following sections.

      1.    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.

      2.    Street intersection sight triangle. At street intersections, the sight triangle shall be formed by measuring at least thirty-five (35) feet along curb lines and connecting these points.

   B.   Interior Landscaping for Vehicular Use Areas

   Any open vehicular use area, excluding loading, unloading and storage areas containing more than 6,000 square feet of area, or twenty (20) or more vehicular parking spaces, shall provide interior landscaping in addition to the previously required perimeter landscaping. Interior landscaping may be peninsular or island types.

      1.    Landscaping area. For each 100 square feet or fraction thereof, of vehicular use area, a minimum total of five (5) square feet of landscaped area shall be provided.

         a.   Minimum area. The minimum landscape area permitted shall be sixty-four (64) square feet with a four foot (4) minimum dimension to all trees from the edge of the pavement where vehicles overhang.

         b.   Maximum contiguous area. The required landscape areas are to be adequately dispersed.

         c.   Grass and ground cover. Grass or ground cover shall be planted on all portions of the landscaped areas not occupied by other landscaped material. Such material fulfills required interior or perimeter landscaping.

      2.   Minimum coverage of trees; clear trunks

         a.   There shall be a minimum of one (1) two inch (2) caliper tree per 5,000 square feet of ground coverage of structure and vehicular use areas. Tree caliper shall be measured at a point six (6) inches above ground.

         b.    Trees shall have a clear trunk to at least five (5) feet above the ground, and the remaining area shall be landscaped with shrubs or ground cover not to exceed three and one-half (3 1/2) feet in height.

      3.    Vehicle overhang. Parked vehicles may hang over the interior landscaped area no more than one (1) foot, as long as concrete or other wheel stops are provided to insure no greater overhang or penetration of the landscaped area.

   C.   Perimeter Landscaping for Parking Lots

   Parking lots shall have perimeter buffer zones of a minimum width of six and one-half (6 1/2) feet along property lines or ten (10) feet along an adjacent right-of-way containing evergreen and/or deciduous plant material that will achieve an effective, dense screen of a height of at least three (3) feet within two (2) years of the time of installation. Perimeter buffer zone shall also contain deciduous trees.

   D.   Landscaping for Service Structures

   Any service structure that can be seen from the first floor of a residence or from any street shall be screened. Structures may be grouped together; but, screening height requirements shall be based upon the tallest of the structures. "Service structures" shall include, but not be limited to: loading docks, propane tanks, dumpsters, electrical transformers, utility vaults which extend above ground, ground mounted utility equipment and electrical and other equipment or elements providing service to a building or a site.

      1.    Location of screening. There shall be a continuous (having 100 percent opacity) planting, hedge, fence or wall of earth, which would enclose any service structure on all sides, unless such structures must be frequently moved or accessed, in which case screening on all but one side is required. The average height of the screening material shall be one (1) foot more that the height of the enclosed structure, but shall not be required to exceed ten (10) feet in height. Whenever a service structure is located next to a building wall, perimeter landscaping material or vehicular use area landscaping material, such walls or screening material may fulfill the screening requirement set out in this section. Whenever service structures are screened by plant material, such material may count towards the fulfillment of required interior or perimeter landscaping. No interior landscaping shall be required within an area screened for service structures.

      2.    Curbs to protect screening material. Whenever screening material is placed around any trash disposal unit or waste collection unit which is emptied or removed mechanically on a regularly occurring basis, a curb to contain the placement of the container shall be provided within the screening material on those sides where there is such material. The curbing shall be at least one (1) foot from the material and shall be designed to prevent possible damage to the screening when the container is moved or emptied.

   E.   Interior Landscaping for all Affected Developments. All affected developments shall provide interior landscaping in addition to the previously required perimeter landscaping. However, the Planning Commission may waive the requirement for existing buildings and uses if it would cause a reduction in the number of parking spaces below the required number. Interior landscaping shall consist primarily of new tree planting or the preservation of existing trees or hedges within the development site.

      1.    Preservation of existing landscaping materials. All trees having a trunk diameter of six (6) inches or greater as measured twenty-four (24) inches from ground level shall be preserved unless such trees are exempted therefrom, as follows:

         a.   Trees within public rights of ways or utility easements, or a temporary construction easement as approved by the City Engineer.

         b.   Trees within the ground coverage of proposed structures or within twelve (12) feet from the perimeter of such structures.

         c.   Trees within the driveway access to parking or service areas or proposed areas to service a single-family home.

      2.   Tree planting requirements

   Landscaped areas shall contain trees, planting beds, hedges, fences, walls, earth mounds or other materials designed and located in a manner that will be complementary to the area. For all affected developments, the following landscape requirements shall apply:

         a.   Residential uses. There shall be tree plantings equal to one-half (1/2) inch in tree trunk size for every 150 square feet in ground coverage by a structure. Such plantings shall be required within the property lot lines of each site.

         b.   Industrial Districts. In addition to the requirements of subsection C. hereof for vehicular use areas, the following shall apply: there shall be tree plantings equal to one (1) inch in tree size for every 2,000 square feet of building ground coverage, or fraction thereof.

         c.   All other uses and districts. In addition to the requirements of subsections B and C hereof for vehicular use areas, the following shall apply: there shall be landscaped areas equal to twenty (20) square feet for every 1,250 square feet of building ground coverage area or fraction thereof There shall be tree plantings equal to one (1) inch in trunk size for each 1,500 square feet of building ground coverage.

      3.   For parking lots, see subsections B. and C. hereof.

      4.   No new tree plantings shall be required if existing trees and the aggregate trunk sizes of such trees meet or exceed the requirements set forth in this chapter, provided that such trees are evenly distributed throughout the developed area and not confined either to out-of-the-way dense clusters or to the perimeter of the developed area. The minimum tree size for such tree plantings shall be one and one-half (1 1/2) inches in trunk diameter.

      5.   Trees which are removed which are not exempted under the provisions of paragraph E.1. above shall be replaced on the site. The total caliper of replacement trees shall equal or exceed the total caliper of trees removed. The minimum tree size for such tree plantings shall be one and one-half (1 1/2) inches in trunk diameter and shall be indigenous to northern Ohio.

      6.    For new development or construction, if new tree plantings are required for conformance to the landscaping requirements of this chapter, the applicant or owner shall indicate on the landscape plan the location and size of such tree plantings. If such landscape plan is approved, the applicant or owner shall plant such trees as may be required within one (1) year of, or by the next plating season after, issuance of a building permit. Failure to comply with these landscaping requirements shall be deemed to be a violation of this section.

(Ord. 2000-128. Passed 12-6-00.)

   Landscaping materials shall consist of the following and are described in more detail in the plant list on file at the Building Department. 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 materials 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.

   B.   Plants

   Artificial plants are prohibited. All plant materials shall be living plants and shall meet the following requirements. Plant materials used in conformance with the provisions of this chapter shall conform to the standards of the American Association of Nurserymen and shall have passed any inspections required under State regulations.

   C.   Maintenance and Installation

   All landscaping materials shall be installed in a sound, workmanlike manner and according to accepted good construction and planting procedures. The owner or the tenant of the property shall be responsible for the continued good health and 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 unhealthy or dead plant material shall be replaced within one (1) year of citation, or by the next planting period, whichever comes first, while other defective landscape material shall be replaced within six months. Violation of these installation and maintenance provisions shall be grounds for the Building Department to refuse a Certificate of Occupancy or to institute legal proceedings.

   D.   Bonding

   If the plant material identified on the landscape plan(s) are not installed prior to the filing for a Certificate of Occupancy, the applicant shall post a bond equal to one hundred and fifty (150) percent of the material and installation costs identified on the plan. This bond will permit the City to contract the installation of the approved landscape plan, with the applicant's landscape contractor, at the required "prevailing wage rate" should the applicant fail to install the landscape plan within one (1) complete growing season. The "prevailing wage rate" is the rate at which the City must pay a contractor to provide services for the City.

(Ord. 2000-128. Passed 12-6-00.)

   The following are street tree planting requirements for all districts:

   A.   Requirements

   All subdividers or developers shall plant trees along public streets of their developments in such a manner, type, quality and location as approved by the Planning Commission and the same requirement shall apply to any undeveloped street or existing street with undeveloped frontage, at the time of development.

      1.   Permits, when granted for the planting of any tree to be located on any public place in the City, shall designate the species of tree to be planted, the required spacing and the required minimum planting size as specified in the Master Street Tree Plan for the City, as such plan now exists or as it may be amended from time to time. See Section 1028.04 of the Streets, Utilities and Public Services Code.

      2.   Since certain trees described in the Master Street Tree Plan may not be available, the right of substitution is hereby vested in the Planning Commission and such substituted tree shall be of similar growth habits.

      3.   The tree location is to be at least twenty (20) feet from fire hydrants or utility poles.

      4.   A suitable tree is to be used when planting under or within ten (10) lateral feet of overhead utility wires.

      5.   The developers shall be required to maintain the trees for one (1) year after the trees are planted and to replace any tree which dies within such one year (1) guarantee period. Upon completion of a street planting, the landscape contractor shall contact the Building Commissioner for a preliminary inspection. The guarantee period shall begin after the approval of the Building Commissioner. A final inspection shall be made at the end of the guarantee period. All trees not exhibiting a healthy, vigorous growing condition, as determined by the City's inspection, shall be promptly replaced at the expense of the developer.

      6.   The minimum trunk caliper measured at six (6) inches above the ground for all street trees shall be one and one-half (1 1/2) inches.

      7.   The maximum spacing for trees shall be fifty (50) feet.

   B.   Reducing Size of Tree Lawns. No person shall, by any type of construction, reduce the size of a tree lawn without first obtaining permission from the Planning Commission.

   C.   Replacement Trees. A person who removes, damages or causes to be removed a public tree from tree lawn or other public place shall be required to replace the tree at his or her own expense. The replacement tree shall have a minimum diameter of two and one-half (2 1/2) inches.

(Ord. 2000-128. Passed 12-6-00.)

   The Planning Commission shall have the authority to modify any of the aforementioned requirements in this chapter in considering an individual site with respect to changes in elevation, environmental impact, durability of plant material, aesthetic appeal, and any other factor that will provide a compatible buffer or screen with the surrounding neighborhood at the time of application.

(Ord. 2000-128. Passed 12-6-00.)