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 landscaping requirements;

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

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

(Ord. 95-2-12. Passed 4-4-95.)

   The purpose of this chapter is to promote the health, safety, morals and general welfare of the residents of the Village 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. 95-2-12. Passed 4-4-95.)

   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 the observation of any two square-yard area lying between two feet and ten feet from the ground.

   (c)   "Screen" means plant material or nonliving durable material, including, but not limited to, walls, berms and 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. 95-2-12. Passed 4-4-95.)

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

   (b)   Screening. Screening shall consist of plant material or nonliving durable landscape material.

   (c)   Buffered Areas.

      (1)   Location and width. Buffering shall be located on those less restrictive portions of land bordering or abutting a more restrictive zone or use district and shall be a minimum of ten feet in width. In Business Districts, Industrial Districts, Light Manufacturing Districts and Office Building, Research Laboratory and Light Manufacturing Districts, buffering width shall not be less than fifty feet when bordering or abutting a Country Home District. Plant material and screening shall be distributed within the buffer area so as to provide the desired opacity and visual screening.

      (2)   Use. Designated buffered areas shall be used for no other purpose than planting or screening. Required buffer areas shall not be used for open retention basins or driveway access, unless approved by the Planning Commission.

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

      (4)   Opacity. Where buffering is required, the buffer material and screening shall provide a maximum of eighty percent opacity in the summer and sixty percent opacity in the winter when viewed from two feet to ten feet above the ground level.

   (d)   Fences and Walls. Fences may be accepted or required as part of a landscape buffer where traffic noise, parking areas and lights create a need for a greater buffer. When used, they shall be of a decorative style and type. Walls and berms may be used in unusual cases, as may be required by the Planning Commission to fulfill the buffering requirements.

   (e)   Natural Planting Requirements. Where natural plantings and trees exist in yards requiring buffering, such natural plantings and existing trees shall be preserved and grades maintained so as to provide eighty percent summer opacity and sixty percent winter opacity when viewed from two feet to ten feet above ground level. Additional landscape material and screening may be required to supplement the natural plantings to meet the desired opacity.

   (f)   Buffering Effect. The desired buffering 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 years from the time the initial installation was to have been or has been installed.

   (g)   Modification Requirements. The Commission may modify or change the location of a buffer area continuous to side and rear property lines where topographical problems prevent the installation of buffer materials or where the buffering effect cannot be reasonably obtained at the lot line, such as in the case of substantial grade elevation differences.

(Ord. 95-2-12. Passed 4-4-95.)

   (a)   Landscape buffering shall be mandatory between Country Home Districts and all other zoning districts and between different uses and zones abutting Country Home 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 Country Home 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 the Country Home 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.

   (d)   Existing boundaries requiring a buffer shall be identified by the Inspector of Buildings and shall be subject to the provisions of this chapter.

(Ord. 95-2-12. Passed 4-4-95.)

   (a)   When an application for a development plan is made, the Director of Planning shall determine if the buffering requirement might be applicable. If he or she determines that the request comes under the buffering requirement, the Director 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 Commission with a detailed description and sketch of the landscape buffer, prepared by a landscaping expert, which visually and verbally outlines the nature and the effect of the proposed landscape buffer.

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

   (d)   The Commission shall notify all owners 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. If compliance is delayed because of the growing season, a temporary permit to occupy may be granted by the Inspector of Buildings. 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 Inspector of Buildings until an agreement has been reached between the applicant and the Commission as to the buffering requirement. The agreement between the Commission 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 Inspector of Buildings.

(Ord. 95-2-12. Passed 4-4-95.)

   Any decision or determination by the Inspector of Buildings pertaining to buffering requirements may be appealed to the Planning Commission as set forth in Section 1246.01.

(Ord. 95-2-12. Passed 4-4-95.)

   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 1244.99 of this Planning and Zoning Code.

(Ord. 95-2-12. Passed 4-4-95.)