The purpose of this chapter is to provide minimum standards involving the development of land to:

   (A)   Provide attractive views from roads and adjacent properties;

   (B)   To screen from view visually undesirable uses;

   (C)   To require screening between incompatible land uses; and

   (D)   To protect the health, safety and welfare of the community through the reduction of noise, air and visual pollution, and artificial light glare.

(Ord. 2003-51, passed 5-20-03)

   (A)   This chapter shall apply to new property development and any collective substantial expansion or change in land use, except for single family dwellings and two family dwellings (duplexes). Substantial expansion or modification of the existing structures shall be defined based on the criteria established below:

 

 

   (B)   Buffer areas shall only be required along side and rear property lines as established in § 1276.09. Buffer areas shall not be required along street frontage or along other rights-of-way unless required by the Building Commissioner.

(Ord. 2003-51, passed 5-20-03)

   (A)   Submission of buffering plans shall be as follows:

      (1)   No site or development plan required under this zoning code shall receive final approval unless a buffering plan has been submitted and approved.

      (2)   No zoning permit or certificate of occupancy shall be issued unless such plan has been fully implemented on the site.

      (3)   Any property or site to which this chapter applies shall illustrate all proposed buffers including the proposed landscaping materials on a site plan or on a separate buffer plan at a reasonable scale.

      (4)   All plans submitted shall include a table listing the existing plant materials within the buffer area. This table shall include the common and botanical names, sizes and other such information as necessary to fully describe the plant material selection.

      (5)   Detailed cross sections shall be provided identifying the proper planting of trees, shrubs and ground cover within the buffer areas.

   (B)   Approval of buffering plans shall be as follows:

      (1)   Buffer plans including the information as identified in division (A) of this section shall be submitted to the Building Commissioner for review as part of the application for a zoning certificate.

      (2)   The Building Commissioner shall review the information and approve, deny, or approve with modifications the plans as submitted.

      (3)   The Building Commissioner may seek professional advice from a landscape architect or licensed nurseryman in the review of the submitted plans. The cost of such consultation may be passed on to the applicant.

(Ord. 2003-51, passed 5-20-03)

   (A)   New development, changes of use or substantially expanded structures shall provide buffer areas as provided in § 1276.09. Existing vegetation shall be preserved, as much as feasiblely possible, in accordance to acceptable nursery industry procedures.

   (B)   The following items are suitable for screening use individually or in combination with each other provided they create a dense screen, subject to review and approval by the Building Commissioner. Nursery stock identification tags shall not be removed from any planting prior to inspection and approval of final installation by the city.

      (1)   Walls and fences.

         (a)   When walls or fences are used to fulfill screening requirements, they shall be detailed on the plan. They are to be constructed of weatherproof materials. This includes pressure treating or painting of lumber if it is not redwood or cedar and using aluminum or galvanized hardware. Chain link fences with or without wooden or synthetic slat material shall not be permitted when used to satisfy buffering requirements.

         (b)   Any wall or fence used for buffering shall be constructed so that the finished, or most visually appealing side of the wall or fence, is facing the adjacent property.

      (2)   Plants. Plant materials used in conformance with the provision of this chapter shall conform to the standards of the American Association of Nurserymen and shall have passed any inspection required under state regulations. 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. All trees shall be measured from the top of the root ball to the top of the tree mass.

         (a)   Deciduous trees. Deciduous trees shall have a minimum caliper of at least two and one-half inches with a single central leader, for large and medium trees, conforming to acceptable nursery industry procedures at the time of planting. If deciduous trees are to be used for screening purposes, additional materials listed in this section must be used to create a dense buffer.

         (b)   Evergreen trees. Evergreen trees shall be a minimum of six feet in height at the time of planting and shall be unsheared, full and branched to the ground. Evergreen plantings shall be designed to provide an effective, dense screen within four years of planting. It is recommended that evergreen trees be planted no further than ten feet on center to assure an effective buffer.

         (c)   Shrubs and hedges. Shrubs and hedges shall be at least 36 inches in height at the time of planting. All shrubs and hedges shall be designed to provide an effective, dense screen and mature height of at least five feet within four years after the date of the final approval of each planting. 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.

         (d)   Grass or ground cover. Grass shall be planted in species normally grown as permanent lawns in Hamilton County. 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. Grass sod shall be clean and free of weeds and noxious pests or diseases. Grass shall be sown or placed in any area not landscaped or paved. Ground cover shall be planted in such a manner as to provide 75% complete coverage after two growing seasons.

         (e)   Earth mounds. Earth mounds may be used as physical barriers which block or screen a view. Differences in elevation between areas requiring screening does not constitute an earth mound. Earth mounds shall be constructed of earthen materials and shall conform to the following standards:

            1.   The maximum side slope shall be three horizontal to one vertical and the design shall be reviewed by the Building Commissioner to ensure that proper erosion prevention and control practices have been utilized.

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

            3.   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.

            4.   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.

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

            6.   No part of any berm or earth mound which is elevated more than 30 inches above natural grade shall be located within ten feet of any right-of-way or property line.

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

      (3)   Maintenance of buffer areas and landscaping.

         (a)   All landscaping materials shall be installed and maintained according to accepted nursery industry procedures. The owner of the property shall be responsible for the continued maintenance of all buffer and 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 year, or by the next planting period, whichever comes first, by plant material similar in size and type to that which was removed. The owner or developer must show a proof of maintenance plan which indicates how the established buffer areas and landscaping will be maintained.

         (b)   Violation of these installation and maintenance provisions shall be a violation of this zoning code under Chapter 1299.

      (4)   Buffer establishment. Once a buffer has been approved by the Building Commissioner and established by the owner, it may not be used, disturbed or altered for any purpose.

      (5)   Location of buffer. A required buffer area may be erected in the required yard as established by this zoning code.

(Ord. 2003-51, passed 5-20-03)

   When an activity or land use falls under more than one of the categories listed in the matrix in § 1276.09, the most stringent of the requirements shall be applied.

(Ord. 2003-51, passed 5-20-03)

   (A)   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. The planting of trees directly under utility wires shall be avoided.

   (B)   In no case, however, shall landscaping and buffer areas be established that block the sight distance at street or driveway intersections. In the case of a city street intersection, the sight triangle shall consist of the area between points 35 feet from the right-of-way line along both intersecting streets.

   (C)   Buffer areas are not required in the front yard or in side yards closer to the street than the front building line of the structure unless screening an off-street parking area.

(Ord. 2003-51, passed 5-20-03)

   (A)   Buffering of off-street parking and loading areas.  

      (1)   Whenever a parking area for five or more vehicles or an off-street loading space is located in, or adjacent to a residential district, or is adjacent to a religious place of worship, school, or other institution located on an adjoining lot, it shall be effectively screened on all sides which adjoin or face any property used for these purposes on adjacent lots. Screening shall be as follows:

         (a)   Screening shall be by an acceptably designed wall, fence, or planting screen that is approved by the Building Commissioner.

         (b)   Such fence, wall, or opaque planting shall not be less than three feet nor more than five feet in height for off-street parking areas and six feet in height for off-street loading areas. Such fence, wall or opaque planting shall be maintained in good condition.

         (c)   The space between such fence, wall or planting screen and the lot line of the adjoining premises in any residential district shall be landscaped with grass, hardy shrubs, or evergreen ground cover, and maintained in good condition.

         (d)   The finished face of the fence or wall shall face the adjoining property.

      (2)   In the event that terrain or other natural features are such that the erection of such fence, wall or planting screen will not serve the intended purpose, then the Building Commissioner may allow an exception, so that no such fence, wall, or planting screen and landscaping shall be required.

   (B)   Interior landscaping of off-street parking areas. Off-street parking areas containing more than 6,000 square feet of area or 20 or more vehicular parking spaces, whichever is less, shall provide interior landscaping of the peninsular or island types of uncompacted, well-drained soil as well as perimeter landscaping. For each 100 square feet or fraction thereof of vehicular use area, at least five square feet of landscape area shall be provided.

      (1)   Interior landscape requirements. Interior landscaping shall be dispersed throughout the parking area. Landscaping shall be situated such that large, unbroken areas of pavement are avoided.

         (a)   Minimum area. The minimum landscape area permitted shall be 180 square feet, excluding curbs, with a four foot minimum dimension to all trees from edge of pavement where vehicles overhang.

         (b)   Maximum contiguous area. In order to encourage the required landscape areas to be properly dispersed, no individual landscape area shall be larger than 400 square feet in size. The smallest distance to a tree in an interior landscaped area from the edge of pavement where vehicles overhang shall be four feet.

      (2)   Minimum tree specifications.

         (a)   In addition to any tree requirements required by the city, a two inch diameter tree (as measured six inches above ground) shall be planted for each 3,000 square feet of impervious surface.

         (b)   To retain visibility within the parking area, trees shall have a clear trunk of at least five feet above the ground. The remaining area shall be landscaped with shrubs, and/or ground cover, not to exceed three feet in height.

   (C)   Vehicle overhang. Parked vehicles may hang over the interior landscaped area no more than two and one-half feet. Concrete or other wheel stops shall be provided to ensure no greater overhang or penetration in the landscaped area.

   (D)   Grass and ground cover. Grass or ground cover shall be planted on all portions of the landscaped areas not occupied by other landscaped material.

(Ord. 2003-51, passed 5-20-03)

   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. The screening height shall be based upon the tallest point of the structure(s) being buffered.

   (A)   Location of screening. A continuous planting of evergreen, fence or wall must enclose any service structure on all sides, unless such structure must be frequently moved or accessed, in which case screening material shall be established to allow access to the structure.

   (B)   Curbs to protect screening material. Whenever screening material is placed around any dumpster 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 material and shall be designed to prevent possible damage to the screening when the container is moved or emptied.

(Ord. 2003-51, passed 5-20-03)

   The following table establishes the minimum buffer area requirements. When any activity or use of land falls under one or more of the categories listed, the most stringent of the requirements shall apply to the entire property or project.

 

 

 

 

 

 

 

 

(Ord. 2003-51, passed 5-20-03; Ord. 2010-58, passed 8-10-10)

   The Building Commissioner may approve modifications to the landscaping and buffer requirements. The Administrator shall base his or her decision on ALL of the following criteria:

   (A)   The specific conditions which are unique to the applicant's land.

   (B)   The manner in which the strict application of the provisions 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 zone.

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

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

   (E)   A demonstration that the applicant has provided for a buffer that achieves the spirit of this chapter.

(Ord. 2003-51, passed 5-20-03; Ord. 2010-58, passed 8-10-10)

   The Planning Commission may hear appeals on the decision of the Chief Building Official. Further appeal of the Planning Commission decision shall be to the Board of Zoning Appeals.

(Ord. 2003-51, passed 5-20-03; Ord. 2010-58, passed 8-10-10)