Swanton City Zoning Code

ARTICLE 150

39 LANDSCAPING, BUFFERING, FENCES, AND LIGHTING REQUIREMENTS

§ 150.391 INTENT.

The regulations in this Article are designed to foster development that will protect, preserve, and enhance the appearance and character of the Village as well as promote the health, safety, and welfare of the community by:

(A) Promoting the proper utilization of landscaping and screening as a buffer between certain land uses to minimize the possibility of nuisances including potential noise, glare as well as the visual clutter associated with parking and service areas;

(B) Providing landscaping within and along the perimeter of the parking facility in order to break up large expanses of pavement, reduce reflected heat and glare, and improve the appearance of off-street parking facilities and properties abutting public rights-of-way;

(C) Controlling the installation of exterior lighting fixtures to prevent light trespass and glare and to preserve, protect and enhance the character of the Village and the lawful nighttime use and enjoyment of property located within the Village;

(D) Providing areas of permeable or synthetic surfaces in order to:

(1) Allow the infiltration of surface water into groundwater resources;

(2) Reduce the quantity of storm water discharge, which helps to reduce the hazards of flooding and aids in the control of erosion and storm water runoff;

(3) Preserve air quality through the preservation and replacement of trees and significant vegetation removed in the course of development; and

(4) Improve the quality of storm water discharge.

(E) Establishing minimum standards for the consistent appearance of plant material in the community landscape;

(F) Establishing regulations controlling the use of fences, hedges and walls whereby the owner of a residential lot may have the privilege of privacy and landscape design with due consideration to the environment of neighbor(s), the appearance of the community, and the safety of the public.

(Ord. 2023-03, passed 2-27-2023)

§ 150.392 SCOPE OF APPLICATION.

(A) The provisions of this Article shall apply to:

(1) New Development. All new development on vacant land that requires the submission of a development plan and issuance of a zoning permit or certificate of zoning compliance. The required landscaping shall be so indicated on plans submitted as part of the application.

(2) Existing Sites. The entire site of existing development when substantial expansion or alteration is conducted and one of the following criteria exists. An alteration or expansion of an existing property is substantial when:

(a) The expansion of an existing building exceeds twenty-five percent (25%) of the gross floor area of the existing building;

(b) The expansion of the parking facility exceeds twenty-five percent (25%) of the total existing vehicular use area;

(3) When the expansion or alteration of an existing building, structure or parking facility is less than that governed by § 150.392(A)(2) above, the minimum landscaping and screening required by this Article shall be provided to the portion of the site devoted to the alteration or expansion, but not for the entire property of which the alteration or expansion is a part.

(B) One-family detached dwellings and two-family dwellings shall be exempt from the requirements of this Article.

(C) The requirements of this Article are minimum landscaping requirements, and nothing herein shall preclude a developer and the Village from agreeing to more extensive landscaping.

(Ord. 2023-03, passed 2-27-2023)

§ 150.393 FLEXIBILITY.

The standards and criteria in this Article establish the Village’s objectives and landscaping intensity expected. The Zoning Administrator and the Planning Commission may exercise discretion and flexibility with respect to the placement and arrangement of the required elements to ensure that the objectives of the zoning district and the proposed development or redevelopment are satisfied.

(Ord. 2023-03, passed 2-27-2023)

§ 150.394 DEFINITIONS.

Terms related to required landscaping and screening shall have the following meanings:

(A) Berm. An earthen mound designed to provide visual interest, screen undesirable views, and/or decrease noise. The height of a berm shall be measured from the average natural grade at the base of the berm.

(B) Caliper. The American Association of Nurserymen standard for trunk measurement of nursery stock. Caliper of the trunk shall be taken at diameter-at-breast-height.

(C) Diameter-at-breast-height (DBH). The diameter of a tree trunk measured in inches at a height 4.5 feet above ground. If a tree splits into multiple trunks below 4.5 feet, the trunk is measured at its most narrow point below the split.

(D) Tree, Small. A tree of a species that normally reaches a height of 15 feet or less in Northwest Ohio upon maturity.

(E) Tree, Medium. A tree of a species that normally reaches a height exceeding 15 feet but less than 30 feet and an average mature crown spread of at least 15 feet upon maturity in Northwest Ohio.

(F) Tree, Large. A tree of a species that normally reaches a height exceeding 30 feet and an average mature crown spread of at least 15 feet upon maturity in Northwest Ohio.

(G) Shrub. A woody plant, smaller than a tree, consisting of several small stems from the ground or small branches near the ground.

(Ord. 2023-03, passed 2-27-2023)

§ 150.395 GENERAL LANDSCAPING.

(A) Placement of Landscape Materials.

(1) All portions of the lot not covered by permitted structures or impervious surfaces shall be landscaped with grass, trees, shrubbery and/or other appropriate ground cover or landscaping material with weed barriers where applicable, which at all times shall be maintained in good and healthy condition. Landscaped areas shall not contain bare soil, aggregated stone or decorative rock.

(2) Vehicular and Pedestrian Movement. Landscape materials shall be located on the site so as to not restrict pedestrian or vehicular access or otherwise constitute a traffic hazard.

(3) Vision Clearance. Landscape materials shall be located to avoid interference with visibility per § 150.360(C) (Vision Clearance Triangle).

(4) Distribution. Required landscape materials shall be reasonably distributed in the area where required. The required plant materials should be planted in clusters or irregular patterns, and that native grasses and herbaceous perennial species be used for ornamentation in addition to the required plantings.

(B) Plant Materials.

(1) Live Plants. All plant material shall be living and healthy. Dead, diseased or artificial plants shall not be used to meet the required landscape treatments.

(2) Use of native plant species is encouraged. If native species are not used, then an irrigation system is required.

(3) Invasive and Prohibited Species. Applicants shall not install invasive, detrimental, noxious species nor any other prohibited plant species so designated by the Ohio Department of Natural Resources.

(4) Minimum Size for New Planting at time of installation.

(a) Small deciduous trees shall have a minimum caliper of two (2) inches and a clear trunk height of at least five (5) feet at the time of installation.

(b) Medium and Large deciduous tree shall have a minimum caliper of 2.5 inches and a clear trunk height of at least six (6) feet at the time of installation.

(c) Evergreen trees shall be a minimum of six feet high, with a minimum caliper of one and one-half inches and a minimum spread of three feet at the time of installation with a maximum mature height 25 feet.

(d) Shrubs and hedges shall be at least 30 inches average height and 24 inches in width at time of planting.

(5) Selection of landscape materials shall contribute to the overall character of the building and be relative to the size of the lot and building. The Village Tree Commission can assist in the selection of plant materials.

(6) Landscape materials shall be compatible with the existing neighboring landscaping selections or in compliance with existing property requirements, such as industrial and business parks’ landscape plans.

(Ord. 2023-03, passed 2-27-2023)

§ 150.396 LANDSCAPING ALONG THE STREET FRONTAGE AND BUILDING FOUNDATIONS.

In addition to the requirements in § 150.397(C), all areas within the required front building and parking setback, shall be landscaped as required below, except for access drives. The following minimum plant materials shall be provided and maintained on all lots or developments:

(A) Street Frontage. Landscaping along the street frontage is required for every multi-family and non-residential development when the minimum required front setback is greater than five feet, and the minimum width of this landscape strip shall be not less the minimum setback required for the district in which the lot is located.

(1) Three (3) medium or large deciduous trees shall be provided for every 100 linear feet of lot frontage or fraction thereof, not including drive entrances.

(2) Twenty shrubs shall be provided for every 100 linear feet of lot frontage or fraction thereof, not including drive entrances.

(3) All areas in the landscaping strip not devoted to trees, shrubs, steps, walks, terraces and driveways shall be planted with grass, ground cover or other live landscape treatment.

(4) Trees and shrubs shall be arranged to create varied and attractive views and do not have to be equally spaced along the street frontage. Plant material should provide a variety of color displayed throughout the year.

(5) Innovative treatments are encouraged in this area, but the design shall not interfere with adequate sight distance.

(B) Foundation Plantings. Foundation plantings are required for all exterior building walls that are visible from a road. Foundation plantings shall be placed within five feet of the building perimeter. Ten shrubs shall be required for every 100 lineal feet of horizontal exterior building wall visible from the road, street or highway in groups of varying material. If foundation plantings are deemed not practical due to unique features of the site and/or building, an alternative plan may be considered as part of the development plan review process.

(Ord. 2023-03, passed 2-27-2023)

§ 150.397 SCREENING AND LANDSCAPING OF PARKING FACILITIES.

(A) Landscaping in the Interior of Parking Lots. Interior landscaping of parking lots shall be provided in accordance with the following requirements.

(1) For any parking facility designed to accommodate 30 or more vehicles or containing 6,000 square feet of area (including loading areas), a minimum of five percent (5%) of the parking facility shall be planted as landscaped island areas, developed, and reasonably distributed throughout the parking lot to define major circulation aisles and driving lanes and provide visual and climatic relief from broad expanses of pavement, except perimeter plantings may be used to satisfy the requirements in this Section when parking facilities are less than sixty-two (62) feet in width.

(2) Each interior landscaped area shall be no less than 200 square feet. The minimum width for each area shall be ten (10) feet. In all cases, the minimum distance from a tree to the back of curb shall be four (4) feet;

(3) Within the landscaped islands, there shall be provided one medium or large deciduous tree for every 10 parking spaces. Each interior landscape island shall have at least one medium or large deciduous tree. A minimum of 50 percent of the required trees shall be large deciduous trees. Where sight distance or maneuvering conflicts exist, trees shall have a clear trunk of at least five feet above the ground and the remaining required landscape area shall be planted with shrubs or ground cover not to exceed two feet in height.

(4) Shrubs or low, spreading plant materials may be planted within the required landscaped islands provided there is no impairment to the visibility of motorists or pedestrians.

(5) For parking facilities or areas over 30,000 square feet in size, the required landscaping shall be designed to break up the visual expanse of pavement with landscape features such as boulevards, larger landscape islands or areas of preserved on-site native vegetation. This landscaping requirement may also include storm water retention areas or drainage courses if designed to provide an attractive natural asset to the site;

(6) If the specific application of the interior landscape requirements will seriously limit functions of the building site, the Planning Commission shall have authority to permit consolidation and relocation of these landscaped areas on the building site.

(7) Landscaped areas along the perimeter of the parking area, or in any part of a yard, shall not be counted as interior parking lot landscaped areas, except as provided for in subsection (1) above.

(8) For the purpose of this Section, the area of a parking lot shall be the total vehicular use area within the perimeter of the parking facility, including the landscaped islands, parking spaces and all circulation aisles except those with no parking spaces or landscaped islands located on either side. See Figure 1, Parking Lot Interior Calculation.

(B) Perimeter Landscaping Requirements. Perimeter landscaping shall be required along any side of a parking lot that abuts adjoining property that is not a right-of-way.

(1) The landscaped strip shall be the depth of the minimum parking setback set forth in this Zoning Code for the district in which the lot is located, except as otherwise regulated in Article 150.33 Use-Specific Standards and shall be located between the parking area and the abutting property lines.

(2) The landscaped strip shall be planted with one medium or large deciduous or two small deciduous trees for every forty (40) lineal feet of parking lot abutting the property line. The trees shall be arranged within the landscaped strip to create varied and attractive views and do not have to be equally spaced.

(3) This landscaping strip shall be free of any wall, fence, embankment and/or walkway. Such wall, fence, etc. may exist or be constructed on the edge of such landscape strip.

(4) The requirements of this subsection shall not apply where cross-access and/or shared parking is provided between parking facilities on adjoining lots and where planting is required for screening pursuant to § 150.398, Buffering and Screening between Districts and Uses.

(Ord. 2023-03, passed 2-27-2023)

§ 150.398 BUFFERING AND SCREENING BETWEEN DISTRICTS AND USES.

(A) Intent. This section is intended to buffer the effects of uses on adjacent properties by requiring a screen and/or buffer between uses in order to minimize the harmful impacts of noise, dust/debris, headlight glare and other objectionable activities by an adjoining or nearby use. Any screening buffer area must be maintained in good order at all times by the owner of the property. When deemed necessary by the Planning Commission to provide a visual screen, additional landscaping or other improvements may be required.

(B) Screening. Screening, as required by the provisions of this Code, shall be of such nature and density that it will screen the activities on the lot from view from the normal level of a first story window on an abutting lot.

(1) A lot in any Business, Industrial, or Public/Open Space District abuts a Residential District;

(2) A lot in the Multi-family or the Manufactured Home Park Districts abuts a One-Family Residential District;

(3) A lot in a Residential District is devoted to a nonresidential use;

(4) Required by the Use-Specific Standards in Article 150.33; and

(5) When any wall of a nonresidential building in a Business/Industrial District faces or is across the street from a Residential District, screening shall be installed along the full length of such street frontage. No screening shall be required when the Business/Industrial District lot is either not in use or is used for residential purposes.

(D) Width of Buffer Yard. The width of the buffer yard shall be equal to the minimum parking setback set forth in the applicable zoning district or fifteen (15) feet, whichever is greater.

(E) Location. The buffer yard shall be located entirely within the higher intensity zoning district or use and abutting the zoning district line or lot line of lower intensity use. However, the buffer yard may be placed in the lower intensity zoning district or partially within both zoning districts if both sides of the zoning district line and the entire buffer yard width are within common ownership and a permanent easement is provided over any portion of the buffer yard not within the higher intensity zoning district. If a buffer yard is located in a residential development that has an owners’ association or other similar legal entity, all buffer yards shall be located in open space owned by the association or in an open space easement controlled by the owners’ association.

(F) Screening. When the natural vegetation within the required buffer yard does not form a solid, continuous, visual screen or does not have a minimum height of six (6) feet along the entire length of the common boundary at the time of occupancy, except as provided for in subsection (F)(3)(b) below, screening shall be installed in compliance with the following:

(1) Screening Materials. Screening design and development shall be compatible with the existing and proposed land use and development character of the surrounding land and structures. Screening within the buffer yard shall consist of one or more or combination thereof of the following:

(a) A dense vegetative planting incorporating trees and/or shrubs of a variety which shall be equally effective in winter and summer. Trees and/or shrubs shall be adequately spaced to form a solid, continuous visual screen within one (1) year after the initial installation. At a minimum, at the time of planting, the spacing of trees shall not exceed twelve (12) feet on center, and the planting pattern shall be staggered. Shrubbery shall be more closely spaced.

(b) Non-living opaque structures, such as a solid masonry wall, that is compatible with the principal structure or a solid wood fence together with a landscaped area at least fifteen (15) feet wide. For solid fences, fences shall be designed, constructed, and finished so that the supporting members face the property owner of the fence and they shall be maintained in good condition, be structurally sound, and attractively finished at all times.

(c) An ornamental fence with openings through which light and air may pass together with a landscaped area at least fifteen (15) feet wide. A chain link fence shall not be permitted.

(d) A landscaped mound or berm at least seven feet wide, with a slope no more than a 3:1. Where the mound or berm is to be mowed, the maximum permitted slope is 4:1.

(2) Installation of Screening. Screening shall be continuous and in place at the time of occupancy. If vehicular or pedestrian access through the screen is necessary, the screening function shall be preserved.

(3) Height of Screening. The height of screening shall be in accordance with the following:

(a) Visual screening by walls, fences, or mounds in combination with vegetation, fences or walls shall be a minimum of six (6) feet high measured from the natural grade on any adjacent residential lot, except as set forth in subsection (b) below.

(b) Whenever the required screening is located within a front yard or within twenty-five (25) feet of a parking lot, drive, or driveway entrance, the required screening shall not exceed a height of three (3) feet.

(c) When used alone, vegetation shall be a minimum of six (6) feet high, as measured from the natural grade on any adjacent residential lot, in order to accomplish the desired screening effect. The required height shall be achieved no later than one (1) year after the initial installation.

(4) Modifications to Buffering and Screening Requirements. Buffer yards required by this Article shall be applied equally to all similarly situated properties. The Planning Commission is empowered to modify the above buffer yard and screening requirements when it determines that:

(a) Natural land characteristics, such as topography or existing vegetation on the proposed building site, would achieve the same intent as this Section.

(b) Innovative landscaping or architectural design is employed on the building site to achieve an equivalent screening and buffering effect.

(c) The required screening and landscaping would be ineffective at maturity due to the proposed topography of the site, and/or the location of the improvements on the site.

(d) The topography of adjacent and surrounding sites is such as to render required screening ineffective at maturity.

(e) It can be clearly demonstrated that it is highly improbable that the abutting property will be developed for residential purposes due to circumstances that have taken place since the adoption of this Code.

(Ord. 2023-03, passed 2-27-2023)

§ 150.399 SCREENING OF ACCESSORY USES AND STRUCTURES.

Screening of accessory uses shall be provided according to the following:

(A) Trash Collection Areas.

(1) Trash and/or garbage collection and service areas shall be enclosed on all sides by a solid wall or fence and a solid gate at least 1 foot higher than the highest refuse container in the collection area if such area is not within an enclosed building or structure, but in no case shall the wall or fence be less than six (6) feet in height. Such solid wall or solid fence shall be situated so as to screen the view of the collection area from adjacent properties and visibility from the street.

(2) The wall or fence shall be constructed of wood, brick, decorative concrete, split face block, stone, or a synthetic material manufactured to look like the approved material.

(3) These enclosures shall be located at least five (5) feet from the property line, unless otherwise specifically regulated in this Code.

(4) The screen shall provide access to the trash and/or garbage collection area by using a wooden fence or other opaque device to serve as a gate.

(5) Trash receptacles and enclosures serving commercial or industrial uses shall be located on the same lot as the use served and shall not be located in residential districts.

(B) Ground mounted Mechanical Equipment. Ground mounted mechanical equipment shall be screened with evergreen plant material so the equipment is completely obscured from view within four (4) years.

(C) Outdoor Loading Areas. Permitted outdoor loading areas for vehicles other than step vans and other light-duty trucks shall be enclosed with a solid fence or wall and solid gates. The wall or fence shall be high enough to conceal all operations and materials from the view of an observer standing at the grade level of an abutting lot or a public street, but in no case shall the wall or fence be less than six (6) feet in height. The wall or fence shall be constructed of wood, brick, decorative concrete, split face block, stone, or a synthetic material manufactured to look like the approved material.

(D) Landscaping. No interior landscaping shall be required within an area screened for accessory uses.

(Ord. 2023-03, passed 2-27-2023)

§ 150.400 GENERAL REQUIREMENTS AND MAINTENANCE.

(A) Screening. All screening and buffer yards shall be free of advertising or other signs, except for directional signs and other signs for the efficient flow of vehicles.

(B) Parking. Vehicle parking shall not be permitted in landscaped areas.

(C) Vehicular Encroachment on Landscaping Islands. All required landscaping areas shall be protected by curbing or a suitable barrier to prevent vehicle encroachment assuring that vehicles overhang into landscape areas no more than one and one-half (1.5) feet.

(D) Damage to Public Works. In no case shall any plant material interfere with or cause damage to underground utility lines, public roadways, or other public works.

(E) Maintenance. The lot owner shall be responsible for the maintenance of all landscaping materials (grass, plants, trees, stone, fencing, mulch, etc.).

(1) The owner shall maintain such landscaping in good condition so as to present a healthy, neat and orderly appearance, free from refuse and debris and to prevent soil erosion.

(2) No plant material required by this Zoning Code shall be removed for any reason unless replaced with like kind and size, at the time of removal. Prior to such removal, a revised landscape plan shall be submitted to the Zoning Administrator for review and approval per § 150.653, Minor Alterations Approved by Zoning Administrator.

(3) All landscape materials shall be maintained so as not to cause tripping hazards in walkways or obstruction to entrances of buildings.

(4) If within two years of installation (or incorporation of existing vegetation), any plant material, such as but not limited to trees, shrubs, ground covers and other plants materials fails to thrive, the property owner shall replace the plants with the plant materials shown on the approved development plan. All replacement plants shall conform to the approved plan. Dead or unhealthy plants shall be replaced within the next planting season.

(5) As part of development plan review, a bond, escrow or other suitable performance guarantee shall be filed with the Zoning Administrator to ensure the landscape material is installed and maintained for a two-year period. No zoning certificate shall be issued until the bond, escrow or other suitable guarantee is received.

(6) If the installation of plantings is not completed in a planting season and/or prior to occupancy, a Temporary Certificate of Zoning Compliance may be issued pursuant to § 150.634(D)(3).

(Ord. 2023-03, passed 2-27-2023)

§ 150.401 LIGHTING REQUIREMENTS.

A lighting plan demonstrating compliance with the following exterior lighting standards shall be approved by the Village for all uses that are required to file a development plan.

(A) All plans submitted shall include the following minimum lighting standards:

(1) 0.5 foot-candles minimum maintained light level at grade in all vehicular use areas and connecting pedestrian paths;

(2) Location of all fixtures, controllers and transformers;

(3) Property boundaries, building location(s), parking lot layout, vehicular traffic roadways and driveways, pedestrian paths, adjacent right-of-ways, north arrow, scale;

(4) Specifications of the proposed light fixtures including the manufacturer’s information regarding fixture style, pole and mounting details, lamp type, wattage, light distribution information, pole height and pole foundation; and

(5) Photometric plan of light levels.

(B) Lighting restrictions:

(1) Any lighting used to illuminate any off-street parking shall be so arranged as to deflect the light away from adjoining premises in any residential district.

(2) All exterior fixtures to be “total cut-off” type fixtures as defined by the Illuminating Engineer’s Society Standards except: architectural/accent lighting, street lighting, landscape lighting, area lighting for recreational uses and exterior residential lighting may be semi-cutoff or non-cutoff luminaries, but shall be located or provided such that no lamp or reflector image is directly visible from any site boundary at or above grade when the initial lumen output exceeds 2,850 lumens (equivalent to a 150 watt incandescent A lamp). Luminaries required by the Building Code which operate only in an emergency model are exempt from these standards.

(3) No portion of the lamp, reflector, lens, or refracting system may extend beyond the housing or shield so as to be visible from off site or cause disabling glare. Exterior residential lights are exempt from this requirement when the initial lumen output does not exceed 2,850 lumens (equivalent to a 150 watt incandescent A lamp). Street lights are exempt.

(4) Height limitations for exterior lighting which shall be measured from surrounding natural grade:

(a) Residential including multi-family: 25 feet;

(b) Office/commercial: 28 feet;

(d) Outdoor recreational facility: All recreational/sports facility lighting will be reviewed for compliance with the intent to minimize the impact on all surrounding properties and public right-of-ways.

(5) All outdoor light poles shall be metal, fiberglass or finished wood, approved by the Village Planning Commission and Engineer. Light poles on private, commercial or industrial property shall be located a minimum distance of the pole’s height from any adjoining residential district.

(6) Where used for signs or for decorative effects or recreational facilities, such as for building landscaping or sports field illumination, the outdoor light fixtures shall be equipped with automatic timing devices and shielded and focused to minimize light pollution.

(7) Except for security lighting, all commercial, industrial, recreational, and institutional use exterior lighting shall be extinguished within one hour of closing.

(8) No color or flashing lights shall be used to light the exterior of building or other site facilities.

(C) Light pollution standards. Light pollution shall be defined as any measurable exterior artificial illumination that strays beyond the site boundary both horizontally at grade and vertically to the building height limitation. Artificially produced light straying beyond the property boundaries shall be considered a public nuisance when intensity levels exceed the following maximum illumination levels at or beyond five feet into the adjoining property and shall be adjusted, modified, or removed accordingly. Lighting required exclusively to illuminate entrance drive and pedestrian ways from the public right-of-way shall be permitted to illuminate to the far limit of the right-of-way.

(Ord. 2023-03, passed 2-27-2023)

§ 150.402 FENCES AND WALLS ON RESIDENTIAL PROPERTY.

(A) Scope. This Section shall apply to all residential districts and to residential properties located in other zoned districts. The fence regulations herein shall not apply to any permanent fence erected prior to the effective date of this Zoning Code. However, the replacement of a permanent fence, erected prior to the effective date of this Zoning Code, by a different type or use shall abide by the regulations of this Section. Fences constructed in other zoning districts shall be considered on an individual basis by the Planning Commission or Zoning Administrator, as applicable.

(B) Walls. Retaining and landscaping walls that do not exceed a height of 30 inches may be placed in a front, side and rear yard not less than six (6) inches from the property line.

(C) Permits. Any fence permitted by this Section shall require the issuance of a zoning permit prior to installation. Property owners must sign all permits.

(D) Location and Height. Fences shall be located on a residential lot in compliance with the location regulations below:

(1) Front Yards.

(a) In the R-1 and R-E zoning districts, fences shall be set back a minimum of 40 feet from the right-of-way, with a maximum height of four (4) feet.

(b) In all other districts, fences shall be set back a minimum of 25 feet from the right-of-way, with a maximum height of four (4) feet.

(2) Corner Side Yards on Corner Lots.

(a) Corner Side Yard abuts Neighbors Front Yard. When the rear lot line of a corner lot abuts the front yard of an adjacent interior lot, the location of the fence shall comply with § 150.402(D)(1) above. See Figure 150.402(D)(2)(a).

(b) Corner Side Yard abuts Neighbors Corner Side Yard. When the rear lot line of a corner lot abuts the rear lot line of an adjacent corner lot, the fence shall be located a minimum of 10 feet from the side street right-of-way, with a maximum height of six (6) feet. See Figure 150.402(D)(2)(b).

(3) Side and Rear Yards. Fences in a side or rear yard may be built adjacent to but not upon the lot line, and shall be located entirely on the owner’s property. The Zoning Administrator may approve a fence to be placed upon the property line when the fence connects to an existing fence on an abutting property and the abutting property owner has agreed in writing to the connection of the fences.

(a) Fences that surround the yard’s accessory uses (deck, patio, garden, etc.) shall be not less than four (4) feet and no more than six (6) feet in height and all opening, doorways and entrances shall be equipped with gates of equal height with said fence.

(b) At least one unlocked gate or fence opening of a minimum of three feet in width shall be provided in each yard to permit emergency access.

(E) Fence in Front Yard as Conditional Use.

(1) Notwithstanding the location regulations in § 150.402(D), the Planning Commission may authorize the installation of a fence in the required front yard of a residential lot under the following circumstances:

(a) The lot is located on a major street or collector street.

(b) The lot is located across the street from nonresidential zoning.

(c) The lot has a lot area of one acre or larger, a minimum lot width of 200 feet, and is not located within a residential subdivision.

(2) The fence be an open ornamental fence that does not exceed six (6) feet in height.

(F) Permitted Fence Types. The following types of fences are permitted in compliance with the location requirements set forth in § 150.402(D).

(1) Chain Link and Pipe Fences.

(2) Open Ornamental Fences: Picket, Rail, or Split Rail.

(3) Privacy Fences: Basket Weave or Woven, Louver or Ventilating, Stockade/Palisade.

(4) Similar Fences. The Planning Commission may permit other fences that are similar in character and design to one or more of the fences permitted by this Zoning Code.

(G) Prohibited Fence Materials. Barbed wire, electric fences, chicken wire, hog fencing, snow fences, agricultural fences and fences comprised of similar materials are prohibited, except that a snow fence or fence of similar type may be erected or placed in any yard during the period from November to March for the sole purpose of preventing the drifting of snow on roadways, driveways and sidewalks, but such fence shall not be used at any time as a temporary or permanent fence or enclosure.

(H) Maintenance. Such permitted fences shall be maintained in good condition, be structurally sound and attractively finished at all times. Any grounds between such fences and property lines shall be well maintained. Any such fence permitted on the property line shall be designed, constructed and finished so that the supporting members thereof shall face the property of the owner of the fence.

(I) Inspection.

(1) It shall be the duty of each property owner to determine property lines and to ascertain that the fence, thus constructed, does not deviate from the plans as approved by the Village Administrator or his or her designee. Fences shall not encroach upon another lot or parcel of land.

(2) The Village shall furnish such inspection as deemed necessary to determine that such said fence is constructed in accordance with plans submitted for the permit. The issuance of a permit, by the village, shall not be construed to mean that the village has determined said fence is not encroaching upon another lot, nor shall it relieve the property owner of duty imposed upon him or her herein.

(Ord. 2023-03, passed 2-27-2023)

§ 150.403 APPROVAL PROCESS FOR REQUIRED LANDSCAPING, FENCES AND WALLS.

(A) The location of landscaping, fences, or walls required to fulfill the standards and criteria of this Article shall be reviewed and approved as part of a development plan pursuant to Article 150.65 Development Plan Review except for residential fences that shall be reviewed pursuant to § 150.402. The Zoning Administrator shall refer landscape plans for large construction projects to the Tree Commission for review and recommendations.

(B) A fence or wall proposed without new construction, additions or site renovation may be approved administratively by the Zoning Administrator when the fence or wall:

(1) Complies with the requirements of this Article and other applicable provisions in this Zoning Code;

(2) Is consistent with any previously approved plan;

(3) Is compatible with the current site development if there is no approved plan; and

(4) Will have a minimal adverse impact to the surrounding areas.