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Mount Vernon City Zoning Code

CHAPTER 1111

Landscaping and Screening

1111.01 PURPOSE.

   The purpose of landscaping and screening regulations is to:
   (a)   Promote attractive development and preserve the appearance and character of the surrounding area through the use of effective landscaping;
   (b)   Promote the preservation and replacement of major trees;
   (c)   Eliminate or minimize conflicts between potentially incompatible, but otherwise permitted, land uses on adjoining lots using a suitable combination of setbacks, visual buffers and physical barriers;
   (d)   Prescribe standards for the installation and maintenance of trees, plantings, and walls and fences; and
   (e)   Encourage the enhancement of the visual environment, ensure public safety, and moderate the micro-climate.
      (Ord. 2024-032.. Passed 7-22-24.)

1111.02 APPLICABILITY.

   (a)   Additions and Enlargement.
      (1)   The requirements of this chapter shall apply to new development and any collective, substantial expansion or change in land use (except for single-family dwellings and two-family dwellings), and expansion of vehicular use areas. Substantial expansion or modification of the existing structures shall be defined based on the criteria established in Table 1111-1.
 
TABLE 1111-1: LANDSCAPING AND SCREENING APPLICABILITY
When the Existing Structure is:
A Substantial Expansion is:
0-2,500 sq. ft.
50% or greater
2,501 - 10,000 sq. ft.
40% or greater
10,001 - 25,000 sq. ft.
30% or greater
25,001 - 100,000 sq. ft.
20% or greater
100,001 sq. ft. and larger
10% or greater
      (2)   Any collective expansion of 500 square feet or less shall be exempt from the applicability section of this chapter. Collective expansion shall include the sum of all expansions of the original structure or building, as existed on the effective date of this code, regardless of when they occur.
      (3)   If a building or structure covers the entire lot, landscaping and screening alternatives must be proposed to the ZEO for review and approval that meet the purpose and intent of this chapter.
   (b)   Expansion of Vehicular Use Areas.
      (1)   When a vehicular use area is expanded, the landscaping requirements of Section 1111.06: Landscaping Requirements for Vehicular Use Areas shall apply to the expanded vehicular use area.
      (2)   If a vehicular use area is demolished and replaced or redesigned, the landscaping requirements of Section 1111.06: Landscaping Requirements for Vehicular Use Areas shall apply to the entire vehicular use area.
         (Ord. 2024-032. Passed 7-22-24.)

1111.03 MODIFICATIONS.

   The standards of this chapter may be modified either through approval of a variance or an alternative equivalency review. See Section 1103.04 and Section 1103.07.
(Ord. 2024-032. Passed 7-22-24.)

1111.04 MINIMUM MATERIALS AND STANDARDS.

   The following identifies the minimum landscape and screening standard requirements for all developments.
   (a)   Installation Timing. If plantings cannot be completed prior to building occupancy due to weather or other conditions that prevent planting, the ZEO has the authority to grant a six (6) month extension for installation of plantings. Failure to install by such timeline shall be considered a violation of this code.
   (b)   Plant Materials.
      (1)   All plant material shall be sound, healthy, live plants installed and maintained in accordance with acceptable nursery industry procedures.
      (2)   All plant materials shall be installed prior to a certificate of occupancy being issued by the State of Ohio.
      (3)   Shrubs shall be installed at a minimum height of two (2) feet.
      (4)   Trees.
         A.   Evergreen trees shall be installed at a minimum height of six (6) feet.
         B.   Shade (deciduous or canopy) trees shall be installed at a minimum caliper of two (2) inches as measured at the diameter at breast height (DBH).
         C.   Ornamental trees shall be installed at a minimum caliper of one and one-half (1½) inches at DBH.
         D.   Trees that drop fruits, berries, or seeds shall be prohibited from use as part of any landscaping requirement where the tree or its canopy will hang over vehicular use areas, sidewalks, or other paved areas.
         E.   Invasive species identified in OAC 901:5-30-01 shall be prohibited.
         F.   Trees should be pollution resistant.
         G.   To curtail the spread of disease or insect infestation in a plant species, if a new development contains over twenty (20) trees, the application should include diversity in plant choices.
      (5)   Any trees, shrubs, or landscaping materials used to meet the standards of this chapter shall be required to meet the height and size standards of this section. Any trees, shrubs, or landscaping materials incorporated onto a site that exceeds the amount required by this chapter may be of any size.
   (c)   Accessways. Necessary accessways shall be permitted to traverse required landscaping and screening areas. The width of such accessways shall not be subtracted from the linear dimensions used to determine the minimum number of trees and shrubs required in this chapter.
   (d)   Fencing and Walls.
      (1)   All fencing or walls used for screening purposes shall not exceed eight (8) feet in height and shall be one hundred percent (100%) in opacity.
      (2)   Placement of fencing and walls shall comply with Section 1109.03(f) and 1109.03(g).
      (3)   All fences used to meet the landscaping requirements of this chapter shall have a minimum two (2) inch open space below the fencing material, not including support structures, to provide for the natural flow of storm water.
   (e)   Mounds and Berms.
      (1)   Earthen mounds and berms shall have a maximum slope of 3:1 (three feet of horizontal space is required for each one (1) foot vertical change in elevation).
      (2)   The crest or top of the mound shall be rounded with elevation changes maintained one (1) foot off of the centerline of the mound.
      (3)   Earthen mounds or berms shall be designed and constructed with variations in physical alignment throughout the length of the mound or berm.
      (4)   Mounds and berms shall be designed to comply with all applicable storm water regulations to prevent the redirection of stormwater onto an adjacent lot.
   (f)   Location.
      (1)   No trees shall be planted that will interfere with the operation and maintenance of any utilities including, but not limited to, drainage structures, sanitary sewer, and water lines.
      (2)   All required landscaping and screening materials shall be installed on the subject property requiring the landscaping and screening.
      (3)   Perimeter landscaping and/or landscaped areas used for screening shall have a minimum width of five (5) feet.
         (Ord. 2024-032. Passed 7-22-24.)

1111.05 TREE PLANTING AND PRESERVATION.

   For new subdivisions, existing trees shall be preserved and new trees planted in accordance with Section 1114.11.
(Ord. 2024-032. Passed 7-22-24.)

1111.06 LANDSCAPING REQUIREMENTS FOR VEHICULAR USE AREAS.

   (a)   This section establishes the minimum standards by which vehicular use areas will be landscaped and screened from adjacent public streets or from adjacent properties. In addition, this section delineates standards for landscaping within the interior of parking areas.
   (b)   Whenever required landscaping is adjacent to vehicular use areas, such screening shall be protected by bollards, wheel blocks, or curbing to avoid damage by vehicles.
   (c)   Perimeter Landscaping Required in the CB District.
      (1)   The perimeter landscaping requirements of this subsection shall apply to all off-street vehicular use areas adjacent to a public street in a CB District where there are ten (10) or more parking spaces.
      (2)   Vehicular use areas adjacent to public streets in the CB District shall be separated from the edge of the right-of-way by a perimeter landscape strip no less than five (5) feet in width.
      (3)   The landscape strip shall contain a decorative fence with a minimum opacity of fifty percent (50%).
      (4)   The landscaping strip shall also include evergreen shrubs or hedges that form a continuous visual screen with a minimum height of thirty-six (36) inches above grade.
      (5)   The landscape strip shall be covered with ground cover where not planted with trees or shrubs.
      (6)   Perimeter landscape strips shall be continuous and unbroken except for driveways to access the parking area, sidewalks, or paved trails.
   (d)   Parking Lot Landscaping Required.
      (1)   The landscaping requirements of this section shall apply to all parking lots that contain fifty (50) parking spaces or more. Parking lots in the CB and GI Districts shall be exempt from the landscaping requirements of this subsection.
      (2)   These parking lot landscaping requirements shall be in addition to any other screening landscaping or requirements as specified in this chapter.
      (3)   The parking lot landscaping shall include at least one (1) shade tree and two (2) shrubs per twenty (20) parking spaces that shall be located either:
         A.   Within landscaped islands located within the parking lot; or
         B.   Between the parking lot and public street to serve as a streetscape for the parking lot.
      (4)   The parking lot landscaping shall be located in a manner where there is no impairment to visibility of motorists or pedestrians (See Section 1109.01.).
      (5)   Landscaped Islands. Where landscaped islands are used to fulfill the requirements of this subsection, the following standards shall apply:
         A.   The landscape islands shall be scattered throughout the parking area to break up large areas of pavement. Landscaped islands that are designed as extensions from the perimeter landscaping areas shall also be considered as parking lot landscaping for the purposes of this subsection. See Figure 1111-A.
 
 
Figure 1111-A: The above images show different options for landscaped islands.
         B.   Landscape islands shall have a minimum size of 100 square feet with a minimum dimension of five (5) feet in any direction to provide a suitable living environment for the landscaping.
         C.   If an existing tree is to be used to meet the requirements of this subsection, the landscape island shall be equal in size to the tree's drip line area to protect the root system of the existing tree.
         D.   As an alternative to this standard, landscaped islands designed as stormwater infiltration islands that comply with the following standards, may be permitted.
            i.   Incorporate curb cuts or flat curbs along the edges of the island that allow water to flow into the island;
            ii.   Create a shallow depression of six (6) to eighteen (18) inches to allow for ponding in the island;
            iii.   Locate ponding areas at least ten (10) feet away from any building foundations to ensure that the ponded water does not drain to foundations;
            iv.   Include perennial flowers, ornamental grasses, shrubs and edges created by attractive walls, pavers or a band of turf, in order to create an attractive appearance in the island;
            v.   Include plants that tolerate snow storage and winter salt and sand; and
            vi.   Plant the tallest flowers and shrubs in the deepest part of the island.
 
Figure 1111-B: The above is an image of a stormwater infiltration island used in a parking area.
(Ord. 2024-032. Passed 7-22-24.)

1111.07 SCREENING.

   (a)   Screening of Service Areas. In addition to the other forms of required landscaping, screening shall be required to conceal specific areas of high visual or auditory impact or hazardous areas from adjacent, less intensive uses and from views from public rights-of-way. Such areas shall be screened at all times, unless otherwise specified, regardless of adjacent uses, districts, or other proximate landscaping material.
      (1)   The following areas shall be screened in accordance with this section:
         A.   Large waste receptacles (e.g., dumpsters and cardboard recycling containers) and refuse collection areas;
         B.   Accessory outdoor storage and bulk sales;
         C.   Pipes, conduit, and cables associated with the building or use;
         D.   Outdoor service areas that are necessary to support common business operations (e.g., outdoor freezer or refrigeration units, storage units, etc.);
         E.   Ground-level or facade-mounted mechanical equipment; and
         F.   Roof top equipment that is not otherwise hidden by the roofline, parapet wall, or other similar feature.
      (2)   Screening shall not be required if any of the above items are not visible from adjacent rights-of-way or from adjacent lots in residential zoning districts.
      (3)   All sides of the item shall be screened with the exception that one (1) side of the item may be screened with a gate or other similar feature to allow access while screening the item when access is not necessary.
      (4)   Screening Methods.
         A.   The following items are permitted for use as screening materials, and more than one method may be used on a lot or site.
            i.   Vegetative materials that provide a fully opaque screen to the minimum height necessary to fully screen the facility from off-site views (See Figure 1111-C.); or
            ii.   An opaque fence or wall consistent with the standards of Section 1109.03; or
            iii.   Integration into the building design (e.g., false walls or other architectural screening) that utilizes the same building materials and colors as the principal building.
 
Figure 1111-C: The above image illustrates a vegetative screen that
hides HVAC equipment and a dumpster.
         B.   The required screening shall have a height sufficient enough to screen the applicable item(s) provided it is in accordance with any other applicable sections of this code.
         C.   To the maximum extent feasible, pipes, conduit, and cables should be located along the rear facade of buildings if conditions do not allow for them to be enclosed within the building itself. Pipes, conduit, and cables shall be located as far away from public view as practical and shall be painted a similar color as the building facade to further reduce visibility.
         D.   In all cases, fences and walls are limited to the heights allowed by Section 1109.03 unless the wall used for screening is an extension of the principal building, in which case, the wall may be the same height as the principal building wall that from which it is extended. See Figure 1111-D.
 
Figure 1111-D: The above image illustrates a wall and fence that is an extension
of the principal building that is designed to screen outdoor storage areas.
   (b)   Screening between Land Uses. This section shall provide for the screening of land uses that may be of a different intensity, or are otherwise incompatible, for the purposes of mitigating impacts such as parking areas, noises, and other potential effects. Screening of land use shall be established in the following manner:
      (1)   In Table 1111-2, identify the required screen type by locating the district in which the proposed use is in along the left-hand column. The required screen type will be in the right two columns based on the adjacent residential uses.
      (2)   Screen types are identified by a letter. Where nonresidential districts are adjacent to other nonresidential zoning districts, screening between land uses will not be required.
      (3)   Find the screen type in Table 1111-3, which identifies the minimum screen to be established as required in this chapter. An alternative screening type may be proposed in accordance with Section 1103.04.
TABLE 1111-2: SCREENING TYPE REQUIRED
District where Proposed Development Will Occur:
Adjacent Zoning
RR, ER, R-1, R-1A and R-2
R-3 and R-4
RR, ER, R-1, R-1A, and R-2
None
None
R-3 and R-4
A
None
NC and OB
A [1]
A
CB
None
None
GB
B
B
LI and GI
C
B
PI
B
A
NOTE:
[1] In the OB District, the screening shall only be required when a nonresidential use is established adjacent to a residential zoning district. The residential use of a property in the OB District shall not require screening.
 
TABLE 1111-3: SCREENING TYPE STANDARDS
Screen Type
Minimum Width with Solid Fence,
Wall or Mound
Minimum Width Without 6-Foot Fence, Wall or Mound
Number of Landscaping Elements per 50 Linear Feet of Screening
Shrubs
Shade or Evergreen Tree
Ornamental Tree
A
5
10
6[1]
2 [1]
2 [1]
B
15
30
8
4
3
C
20
40
15
6
4
NOTE:
[1] Landscaping elements shall only be required where there is no solid fence, wall or mound used for screening.
(Ord. 2024-032. Passed 7-22-24.)

1111.08 MAINTENANCE.

   (a)   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, debris, and weeds at all times.
   (b)   All unhealthy or dead plant material shall be replaced within one (1) year, or by the next planting period, whichever comes first.
   (c)   No plant material required by this code shall be removed for any reason unless replaced with like kind and size at the time of removal. If replaced with a like kind and size of material, no approvals shall be required.
   (d)   Any changes to an approved landscaping plan shall require approval in the same manner as the landscaping plan was originally approved.
   (e)   Violation of these provisions shall be subject to the enforcement provisions of Chapter 1116: Enforcement and Penalties.
(Ord. 2024-032. Passed 7-22-24.)