Landscaping, visual screening and bufferyard standards shall be provided for the following purposes:

   (a)   To remove, reduce, lessen or absorb the impact between certain land uses by the proper utilization of landscaped and screened buffers;

   (b)   To minimize potential noise, glare and visual clutter of parking and loading areas, trash receptacles and outdoor storage by obscuring the view with landscaping and screening;

   (c)   To protect, preserve and promote the aesthetic appeal, character and quality of life of the City of Middleburg Height’s neighborhoods, particularly by providing interest along the streetscape;

   (d)   To soften the appearance of building masses and to break up and reduce the impact of large, paved areas; and

   (e)   To reduce heat generation, stormwater run-off and soil erosion.

(Ord. 2022-24. Passed 5-24-22.)

 

   (a)   No development plan or subdivision plat required under this Zoning Code or the Subdivision Regulations shall receive final approval unless a landscaping and buffering plan has been submitted and approved.

   (b)   No final certificate of occupancy shall be issued unless such landscape plan has been fully constructed on the site per the approved plan.

   (c)   A landscape and buffering plan shall be prepared and submitted along with the preliminary and final development plan review application. The landscape and buffering plan shall be provided on a separate plan view sheet and contain the following minimum information:

      (1)   Name of the applicant/owner;

      (2)   Name, address and phone number of the person or firm responsible for the preparation of the landscaping and buffering plan;

      (3)   Material to be removed or retained; and

      (4)   Tabular listings of existing plant material to be retained and proposed plant material within the buffer yard or landscape area with typical planting details for trees, shrubs and ground cover within the landscaped area.

   (d)   A concept level landscape and bufferyard plan shall be submitted at the preliminary development plan stage identifying the proposed landscape, screening, bufferyard and related elements. A fully detailed construction level detail landscape and bufferyard plan shall be submitted with the final development plan.

(Ord. 2022-24. Passed 5-24-22.)

   The following table provides the minimum location, size and screening material requirements for all bufferyard areas.

 

   (a)   Qualifying new development and expansion projects shall provide bufferyards as provided in the Bufferyard Requirements Table.

   (b)   No principal structures, accessory structures, parking areas storage or any temporary structure or use shall be placed in any bufferyard area.

   (c)   Existing vegetation shall be preserved in accordance with acceptable nursery industry procedures.

   (d)   Nursery stock identification tags shall not be removed from any planting prior to inspection and approval of final installation by the City.

         A.   When walls or fences are used to fulfill screening requirements, they shall be detailed on the plan. They are to be constructed of weather-proof materials. Planning Commission shall approve the proposed materials used in the construction of a screening fence or wall.

         B.   Chain link fences with or without wooden or synthetic slat material shall not be permitted when used to satisfy bufferyard requirements.

         B.   Shrubs, vines and ground covers can be planted as bare root as well as balled and burlapped or containers.

         A.   Trees shall be balled and burlapped or in containers. Shrubs, vines and ground covers can be planted as bare root as well as balled and burlapped or containers.

         B.   All trees shall be measured from the top of the root ball to the top of the tree mass.

         A.   Shrubs and hedges shall be at least thirty-six inches in height at the time of planting.

         B.   All shrubs and hedges shall be designed to provide an effective, dense screen and mature height of at least six feet within four    years after the date of the final approval of each planting.

         C.   The height at installation of the planting shall be measured from the level of the surface of the plant base at the edge closest to the screening.

         A.   Grass of the Fescue(Gramineak) or Bluegrass(Poaceae) family shall be planted in species normally grown as permanent lawns in northeast Ohio.

         B.   In swales or other areas subject to erosion, solid sod, erosion reducing net, or suitable mulch and temporary seeding shall be used for immediate protection until complete coverage otherwise is achieved.

         C.   Grass sod shall be clean and free of weeds and noxious pests or diseases.

         D.   Grass shall be sown or placed in any area not landscaped or paved.

         E.   Ground cover shall be planted in such a manner as to provide seventy-five percent (75%) complete coverage after two growing seasons, but in no circumstance shall planting be more than twelve inches on center to present a finished appearance.

         F.   Rocks, pebbles, sand and similar materials are not approved ground cover.

          A.   The maximum side slope shall be three horizontal to one vertical (3:1) and the design shall identify that proper erosion prevention and control practices will be utilized.

         B.   Berms and earth mounds shall be designed with physical variations in height and alignment throughout their length.

         C.   Landscape plant material installed on berms and earth mounds shall be arranged in an irregular pattern to accentuate the physical variation and achieve a natural appearance.

         D.   The landscape plan shall show sufficient detail, including a plan and profile of the berm or earth mound, soil types and construction techniques to demonstrate compliance with the above provisions.

         E.   Berms and earth mounds shall be located and designed to minimize the disturbance to existing trees located on the site or adjacent thereto.

         F.   No part of any berm or earth mound which is elevated more than thirty inches above natural grade shall be located within ten feet of any right-of-way or property line.

         G.   Adequate ground cover shall be used and maintained to prevent erosion of the earth mound.

         H.   Topsoil shall be placed over the earth mounds at a depth of four inches to facilitate vegetation growth on the mound.

      (1)   Any landscaped area shall not contain bare soil.

      (2)   Any ground area shall be covered with hardwood mulch, grass or other vegetative ground cover.

      (3)   Aggregated stone or decorative rock may be approved by the Planning Commission.

      (4)   All plant material will be mulched with shredded hardwood mulch, or approved equal.

(Ord. 2022-24. Passed 5-24-22.)

      (1)   All landscaping materials shall be installed and maintained according to accepted nursery industry procedures.

      (2)   The owner of the property shall be responsible for the continued property maintenance of all landscaping materials, and shall keep them in a proper, neat and orderly appearance, free from refuse and debris at all times.

      (3)   All unhealthy, dying or dead vegetation shall be replaced to remain in compliance with an approved landscape plan.

      (1)   Once a bufferyard has been approved by the Planning Commission and established by the owner, it may not be used, disturbed or altered for any purpose.

      (2)   No temporary or permanent structures shall be placed or erected within any required bufferyard areas.

      (3)   Approved bufferyard walls may be placed in the bufferyard areas.

(Ord. 2022-24. Passed 5-24-22; Ord. 2023-6. Passed 6-27-23.)

   (a)   Placement in Easements. Required landscaping may be placed wholly or partially in utility or other easements providing all requirements can be fulfilled and approval is granted by the holder of the easements. Trees placed under overhead utility wires must be from Plant List A provided in Section 1151.12.

      (1)   Landscaping and temporary or permanent structures shall not be located within the “No Accessory Use Zone” shown below to avoid blocking the sight distance at street or driveway intersections.

      (2)   In the case of a City street intersection, the sight triangle shall consist of the area between points thirty-five feet from the right-of-way line along both intersecting streets.

(Ord. 2022-24. Passed 5-24-22.)

      (1)   For the purpose of this chapter, “service structures” shall include, but not be limited to, loading docks, propane tanks, dumpsters, electrical transformers, utility vaults which extend above the ground, ground mounted utility equipment and electrical and other equipment or elements providing service to a building or a site located in any non-residential zoning district.

      (2)   Structures may be grouped together. However, screening height shall be based upon the tallest of the structures, unless otherwise set forth in this chapter.

      (1)   Whenever a service structure is located next to a building wall, perimeter landscaping material shall be of an average height sufficient to meet the height requirements set out in this section.

      (2)   Whenever service structures are screened by plant material, such material may count towards the fulfillment of required site landscaping.

      (3)   No interior landscaping shall be required within an area screened for service structures.

      (1)   All trash containers, dumpsters and/or trash collection areas shall be located in the rear yard area of a lot and shall be fully screened by means of a minimum six foot high brick or stone wall with a solid gate for access to the receptacles. Such masonry wall materials shall architecturally match or be consistent with those exterior materials found on the principal building.

         A.   Fencing constructed of any material shall not be used to screen any trash containers, dumpsters and/or trash collection areas.

         B.   Wood products used as a screening material shall be prohibited.

      (2)   After screening is installed, all trash containers, dumpsters and/or trash collection areas shall not be visible from any public or private roadway.

      (3)   Whenever screening material is placed around any trash disposal unit or waste collection unit, which is emptied or removed mechanically on a regular basis, a curb to contain the placement of the container shall be provided within the screening material. The curbing shall be at least one foot from the screening material and shall be designed to prevent possible damage to the screening when the container is moved or emptied.

(Ord. 2022-24. Passed 5-24-22.)

      (1)   A building foundation planting area providing a minimum width of six feet and containing ornamental and/or coniferous trees, shall be provided between the building face and any public or private street and between the building face and any off-street parking areas.

      (2)   Building foundation landscaped areas shall contain a minimum of one tree and twelve shrubs for every 100 square feet of required building foundation landscape area. For example, if the required building foundation planting area is 425 square feet, then four trees and forty-eight bushes would be required.

(Ord. 2022-24. Passed 5-24-22.)

   (EDITOR’S NOTE: Section 1151.10 was repealed by Ordinance 2024-88, passed February 25, 2025.)

   (a)   An applicant may request one or more modifications from the required landscape and bufferyard standards found in this chapter.

   (b)   The applicant shall provide written justification for the requested modifications including how the goals and intent of this chapter and any other applicable chapter of this Zoning Code is satisfied if the landscape or bufferyard modification request is permitted.

   (c)   The Planning Commission shall review the requested modifications using the following standard of review criteria:

       (1)   The specific conditions which are unique to the applicant’s land;

       (2)   The manner in which the strict application of the provision of this chapter would deprive the applicant of a reasonable use of the land in a manner equivalent to the use permitted other landowners in the same zoning district;

       (3)   The unique conditions and circumstances are not the result of actions of the applicant subsequent to the adoption of this chapter;

      (4)   Reasons that the modification shall preserve, not harm, the public safety and welfare, and shall not alter the essential character of the neighborhood; and

      (5)   A demonstration that the applicant has provided for a buffer that achieves the spirit and intent of this chapter, the overall Zoning Code and the Comprehensive Plan.

   (d)   The Planning Commission may also approve the use of existing trees within the proposed bufferyard area if native and hardy to zones 5-6 of the United States Department of Agriculture Plant Hardiness Zone Map.

(Ord. 2022-24. Passed 5-24-22.)

   The following plants are representative of those to be utilized in the bufferyard or landscape requirements of this Zoning Code.

PLANT LIST A

 

 

 

PLANT LIST B

 

 

PLANT LIST C

 

 

PLANT LIST D

 

 

PLANT LIST E

 

 

(Ord. 2022-24. Passed 5-24-22.)