North Royalton City Zoning Code

   The intent of this chapter is to:

   (a)   Extend space or screen undesirable views to reduce the impact of one land use upon another;

   (b)   Increase soil water retention through landscape requirements;

   (c)   Protect and preserve the appearance and property values of residential uses from adverse effects of adjoining nonresidential uses and certain multi-family uses; and

   (d)   Supplement land use planning and not be considered as its substitution.

(Ord. 1982-129. Passed 3-16-83.)

   The purpose of this chapter is to promote the health, safety, morals and general welfare of the residents of the City by providing for space requirements and visual screen landscape buffers to remove, reduce, lessen or absorb the shock of impact of incompatible uses of real properties between one use or zone district and another.

(Ord. 1982-129. Passed 3-16-83.)

   As used in this chapter:

   (a)   "Landscaping" means living materials, including, but not limited to, grass, ground covers, shrubs, vines, hedges, trees and nonliving durable material commonly used in landscape development.

   (b)   "Opacity" means the state of being impervious to rays of light measured by observation of any two square yard area lying between two feet and ten feet from the ground.

   (c)   "Screen" means plant material or other nonliving durable material, including, but not limited to, walls, berms or decorative wood fencing.

   (d)   "Shrub" means a self-supporting, deciduous and/or evergreen species, normally branched near the base, bushy and less than fifteen feet in height, as normally grown in Cuyahoga County.

   (e)   "Tree" means a self-supporting, woody, deciduous and/or evergreen plant with a well defined central stem, or a species of such plant that normally grows to a height of fifteen feet or more in Cuyahoga County.

   (f)   "Vine" means a plant that normally requires physical support to reach mature form.

(Ord. 1982-129. Passed 3-16-83.)

   (a)   Materials. Landscape buffering may include, but shall not be limited to, trees, shrubs, bushes, grass cover, earth berms, or a combination thereof.

   (b)   Screening. Screening shall consist of plant material or other nonliving durable landscape material. When this section applies to screening of all utility structures, as required by Section 1260.15, screening shall consist of adequate plant material comparable to those plants described in paragraphs (e) and (f) herein below. The screening shall be appropriately maintained by the property owner. Said plantings shall be warranted by the utility company for a period of no less than eighteen months. Thereafter, the screening shall be appropriately maintained by the property owner.

   (c)   Buffered Areas.

      (1)   Location and width. Buffering areas shall be located on those less restrictive portions of land bordering or abutting a more restrictive zoned or use district and shall be a minimum of ten feet in width.

      (2)   Use. Designated buffered areas shall be used for no other purpose than plantings or screening, except for necessary ingress to or egress from the buffered area.

      (3)   Design. A buffered area shall be designed to permit access to easement tracts by the grantees to perform the functions for which such easements were granted and to facilitate use of such easement areas for fire protection purposes.

   (d)   Fences and Walls. Fences shall be acceptable as part of a landscape buffer where traffic noise and lights create a need for a buffer. When used they shall be of a decorative style and type. Walls and berms shall be used only in most unusual cases, as one of several options to the developer to fulfill the buffering requirement.

   (e)   Natural Planting Requirements. Where natural plantings are used to provide a landscape buffer, such plantings shall provide eighty percent summer opacity and sixty percent winter opacity when viewed from two to ten feet above ground level.

   (f)   Buffering Effect. The desired buffering effect shall be achieved not later than twelve months after the initial installation. The Planning Commission may extend this period of time when a hardship would be created because of expected growth or material shortages, but the Commission shall not extend such period beyond two growing seasons from the time the initial installation was to have been or has been installed.

   (g)   Modification of Requirements. The Commission may modify or change the location of a buffered area contiguous to side and rear property lines where topographical problems prevent the installation of buffer materials or plantings, if confirmed by the City Engineer.

(Ord. 1982-129. Passed 3-16-83; Ord. 05-58. Passed 7-19-05.)

   (a)   Landscape buffering shall be mandatory between dissimilar residential zoning uses and MultiFamily D (RM-D) Districts and between residential uses and zones that abut all Public Facilities, Business and Industrial Districts.

   (b)   All buffering requirements imposed under the provisions of this chapter shall be installed and constructed before a certificate of occupancy is issued for a new building or structure or before a vehicular use area is used or occupied. No existing building, structure or vehicular use area adjoining a Single-Family or MultiFamily District shall be expanded, altered or modified until the plans are submitted by the owner or developer to the Planning Commission. The Commission shall review such plans to determine if the changes adversely affect any properties in a Single-Family or MultiFamily District. The Commission, after its review, shall require, where necessary, the establishment of a landscape buffering area or a revision of a previously established buffered area.

   (c)   Owners or developers of off-street parking areas shall be required to include a plan for buffering the parking area. Such plan shall be submitted to the Commission for approval. Such plan may be included as a part of the development plot plan when a submission of a development plot plan is required.

(Ord. 1982-129. Passed 3-16-83.)

   (a)   When an application for a building permit is made, the Building Commissioner shall determine if the buffering requirement might be applicable. If he or she determines that the request comes under the buffering requirement, the Building Commissioner shall so advise the applicant and shall submit a request to the Planning Commission that the matter be reviewed once the applicant has furnished the Commission with the following:

      (1)   A copy of the site plan;

      (2)   The topography of the building site and surrounding area; and

      (3)   A complete description of the area to be constructed or modified.

   (b)   The applicant shall provide the Planning Commission with a detailed description and sketch of the landscape buffer, preferably prepared by a landscaping expert, which visually and verbally outlines the nature and the effect other proposed landscape buffer.

   (c)   The Planning Commission may request photographs or other descriptive data if the Commission deems such data necessary.

   (d)   The Planning Commission shall notify all owners by regular mail immediately adjacent to the property in question prior to any meeting at which the landscape buffering requirement will appear on the agenda.

   (e)   A certificate of occupancy shall not be granted until buffering requirements have been completed or until a performance bond has been posted. The amount of the performance bond shall be determined by an estimate by a landscape contractor and confirmation by the City Engineer and the Building Commissioner. If compliance is delayed because of the growth season, a cash bond, in an amount to be determined by the City Engineer, shall be posted to ensure the compliance by the next growing season. Such delay should not extend beyond the next growing season following the date upon which the certificate of occupancy is requested.

   (f)   Where buffering is required, a building permit shall not be issued by the Building Commissioner until an agreement has been reached between the applicant and the City as to the buffering requirement. The agreement between the City and the owner and/or developer shall include, among other requirements, provisions for the following:

      (1)   Maintenance of the landscape buffer on the part of the applicant;

      (2)   Replacement procedures for any portion of the landscape buffer that is for any reason no longer viable;

      (3)   Replacement of the landscape buffer involving plant material that does not extend beyond the next growing season;

      (4)   Replacement of landscape material such as fences; and

      (5)   Replacement of landscape material within sixty days from the date of notification by the Building Commissioner of noncompliance.

   (g)   All information pertaining to procedures shall be in writing and retained by the Building Commissioner.

(Ord. 1982-129. Passed 3-16-83.)

   Any decision or determination by the Building Commissioner or the Planning Commission pertaining to buffering requirements may be appealed to the Board of Zoning Appeals.

(Ord. 1982-129. Passed 3-16-83.)

    Whoever has control of any land or structure whereon or wherein a violation of any of the provisions of this chapter occurs, and any other person who assists in the commission of any such violation, shall be guilty of a separate offense and shall be liable to the penalty provided in Section 1262.99.

(Ord. 1982-129. Passed 3-16-83.)