(A) Purpose. Landscaping and visual screening for office, commercial, institutional, and multi-family residential properties shall be provided for the following purposes:
(1) To remove, reduce, lessen or absorb the impact between certain land uses by the proper utilization of landscaped and screened buffers;
(2) 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;
(3) To protect, preserve and promote the aesthetic appeal, character and value of the city's neighborhoods, particularly by providing interest along the streetscape;
(4) To soften the appearance of building masses and to break up and reduce the impact of large paved areas;
(5) To reduce heat generation, stormwater run-off and soil erosion; and
(6) To establish a minimum standard for the consistent appearance of plant material in the Silverton community landscape.
(B) Applicability. This section shall apply to new property development and any collective substantial expansion of existing structures, new or expanded parking lots consisting of the creation of five new parking spaces or more, except for individual single-family dwellings and two-family dwellings (duplexes). Substantial expansion of existing structures shall be defined based on the criteria established below:
(C) Approval and landscape plan contents.
(1) No site plan or subdivision plat required under this Zoning Code shall receive final approval unless a landscaping plan has been submitted and approved.
(2) No zoning permit shall be issued unless such plan has been fully implemented on the site.
(3) A landscape and buffering plan shall be prepared and submitted along with the site plan review application. The landscape and buffering plan shall be provided on a separate plan view sheet and contain the following information:
(a) Name of the applicant/owner;
(b) Name, address and phone number of the person or firm responsible for the preparation of the landscaping and buffering plan;
(c) Material to be removed or retained; and
(d) 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) Bufferyard requirements. The following table provides the minimum location, size and screening material requirements for all bufferyard areas.
(E) Bufferyard materials and standards. New development and expansion projects shall provide buffering yards as provided in division (D) of this section. Existing vegetation shall be preserved in accordance to acceptable nursery industry procedures. 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 Planning Commission. 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. When walls or fences are used to fulfill screening requirements, they shall be detailed on the plan. They are to be of weather-proof 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 bufferyard requirements.
(2) Plants. All plants are to be living and part of the acceptable plants list identified in this section or identified as acceptable plant material for hardiness in this USDA Agricultural Zone and as approved by the Planning Commission. Plant materials used in conformance with the provision of this section 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 three 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 bufferyard.
(b) Evergreen trees. Evergreen trees shall be a minimum of eight 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.
(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 six 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 of the Fescue (Gramineak) or Bluegrass (Poaceae) family shall be planted in species normally grown as permanent lawns in southwest Ohio. 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, but in no circumstance shall planting be more than 12 inches on center to present a finished appearance. Rocks, pebbles, sand and similar materials are not approved ground cover.
(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 (3:1) and the design shall be reviewed by the Planning Commission 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.
8. Topsoil shall be placed over the all earth mounds at a depth of four inches to facilitate vegetation growth on the mound.
(f) Bedding surface. Any landscaped area shall not contain bare soil, aggregated stone or decorative rock. Any ground area shall be covered with hardwood mulch, grass or other vegetative ground cover. All plant material will be mulched with shredded hardwood mulch, or approved equal. Plant material massings will be incorporated into mulch beds.
(3) Maintenance of bufferyards 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 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. All unhealthy or dead plant material shall be replaced within one year of the certified date of planting, or by the next planting period, whichever comes first, by plant material similar in size and type to that which was removed.
(b) Violation of these installation and maintenance provisions shall be grounds for the Zoning Enforcement Officer to refuse the issuance of a zoning permit, require replacement of the landscape material or institute legal proceedings to enforce the provisions of this chapter.
(c) The owner or developer must provide a maintenance plan at the site plan review before Planning Commission which indicates how the established bufferyards and landscaping will be maintained.
(4) Bufferyard establishment. 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. No temporary or permanent structures shall be placed or erected within any required bufferyard areas. Approved bufferyard walls may be placed in the bufferyard areas.
(F) Easements and setbacks.
(1) 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 division (K) of this section.
(2) In no case, however, shall landscaping and bufferyards be established so as to block the sight distance at street or drive intersections. Ground cover and trees with at least eight feet of limbless trunk shall be permitted within the sight distance triangle. 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.
(G) Landscaping for service structures. 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 the C-1 or C-2 Districts. Structures may be grouped together. However, screening height shall be based upon the tallest of the structures.
(1) Location of screening. A continuous planting of evergreen, solid wood fence, solid brick 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 one foot more than the height of the enclosed structure, but shall not be required to exceed ten feet in height. 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. Whenever service structures are screened by plant material, such material may count towards the fulfillment of required site 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 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.
(H) Street tree planting requirements.
(1) In all zoning districts, applicants shall plant and maintain shade trees along any portion of the proposed development site that abuts a public or private street in full compliance with the provisions set forth in Chapter 52, Tree Maintenance, of the Codified Ordinances of the city. The Urban Forestry Board shall review each landscape and buffering plan proposing the planting of trees or other vegetation in the public right-of-way. The Urban Forestry Board shall provide a written recommendation to the Planning Commission regarding the compliance of the provisions of Chapter 52 to be incorporated into the site plan review process. The Planning Commission may deny a site plan application for non-compliance of the provisions set forth in Chapter 52.
(2) Species and location requirements.
(a) Trees shall be limited to species approved by the Urban Forestry Board.
(b) One tree shall be provided for every 40 linear feet of frontage, or fraction thereof, along each public or private.
(c) Trees are to be planted within the public rights-of-way within and abutting the development as directed by the Planning Commission.
(d) Trees shall be planted an adequate distance from intersections so that at full maturity such planting shall ensure the unobstructed visibility of motorists and pedestrians.
(3) Silverton streetscape plan requirements. Any property located within the designated Silverton streetscape plan area shall install the landscape and streetscape elements as provided for in the streetscape plan. The requirements set forth in the Silverton streetscape plan shall prevail over the street tree planting requirements provided in this section. The applicable provisions of Chapter 52, Tree Maintenance, of the Codified Ordinances of the city shall apply to the streetscape plan area.
(I) Building foundation landscaping. A building foundation planting area, a minimum six feet in width, including 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. Building foundation landscaped areas shall contain a minimum of one tree and 12 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 48 bushes would be required.
(J) Street frontage landscaping. Any project located within a C-2 District and meeting the applicability requirements of this section shall provide landscaping along the perimeter of the front yard area when abutting any public right-of-way and public or private street. A minimum of 10% of the front yard area shall be landscaped with a combination of trees, shrubs, planting beds or perennials. Street frontage landscaped areas shall contain a minimum of one tree and 12 shrubs for every 100 square feet of required building foundation landscape area. The minimum width of any street frontage landscape area shall be six feet and shall be located adjacent to the edge of the public right-of-way or other suitable location as determined by the Planning Commission. For example, if the required building foundation planting area is 425 square feet, then four trees and 48 bushes would be required. Required building foundation planting areas shall not be counted toward the street frontage planting area requirements.
(K) Plant lists. The following plants are representative of those to be utilized in the bufferyard or landscape requirements of this Zoning Code.
(L) Landscape and bufferyard modifications.
(1) The Planning Commission may approve modifications to the landscaping and bufferyard requirements. The Planning Commission shall base its 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 provision of this section 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.
(c) The unique conditions and circumstances are not the result of actions of the applicant subsequent to the adoption of this section.
(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 section.
(2) The Planning Commission may also approve the use of existing trees within the proposed bufferyard area if the tree is not included on the plant lists in division (K) of this section, if native and hardy to Zones 5-6 of the United States Department of Agriculture Plant Hardiness Zone Map.
(Ord. 2025-10, passed 5-1-25)