Vermilion City Zoning Code
CHAPTER 1284
Buffering
1284.01 INTENT.
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. 02-63. Passed 11-4-02.)
1284.02 PURPOSE.
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 zoning district and another.
(Ord. 02-63. Passed 11-4-02.)
1284.03 DEFINITIONS.
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) "Screen" means plant material or other nonliving durable material, including, but not limited to, walls, berms or decorative wood fencing.
(c) "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.
(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 Lorain and Erie Counties.
(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 Lorain and Erie Counties.
(f) "Vine" means a plant that normally requires physical support to reach mature form.
(g) "Use class" means any one of a group of uses. For the purposes of this chapter only, from most restrictive to least restrictive the use classes are as follows:
Class l: Any use permitted in any of the following zoning districts:
A-l Agricultural District
R-l Estate Residence District
R-2 Rural Residence District
R-3 Suburban Residence District
R-4 Urban Residence District
RS Special Residence District
RL-1 Existing Lagoon District
Class 2: Any use permitted in the following zoning district:
R4a Two-Family Urban Residence District
Class 3: Any use permitted in any of the following zoning districts:
R-5 Apartment Residence District
R-6 Special Family Residence District
Class 4: Any use permitted in any of the following zoning districts:
B-1 Neighborhood Business District
B-2 Central Business District
B-3 Highway Commercial District
B-4 Motorist Service District
FP Flood Plain District
PUD Planned Unit Development
Class 5: Any use permitted in any of the following zoning districts:
I-1 Light Industrial District
I-2 Heavy Industrial District
I-3 Industrial Park District
I-U Utility District
(Ord. 02-63. Passed 11-4-02.)
1284.04 GENERAL PROVISIONS.
(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 other nonliving durable landscape material.
(c) Buffered Areas.
(1) Location and width. Buffering shall be located on those portions of land devoted to a use within a less restrictive use class that border or abut land devoted to a use within a more restrictive use class, and shall be a minimum of ten (10) feet in width. Buffering width on land devoted to a Class 3, 4 or 5 use shall be not less than thirty (30) feet when bordering or abutting a Class 1, 2 or 3 use. 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 plantings 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 designated to permit access to easement tracts to grantees to perform the functions for which the easements were granted and to facilitate use of such easement areas for fire protection purposes.
(4) Opacity. Where buffering is required, the buffer material and screening shall provide a minium of eighty percent (80%) opacity in the summer and sixty percent (60%) capacity in the winter when viewed from two feet to ten feet above the adjacent ground level.
(d) Fences and Walls. Fences shall be acceptable as part of a landscape buffer where traffic noise 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 Plantings Requirements. Where natural plantings and trees exist in yards requiring buffering, such existing natural plantings and trees shall be preserved and grades maintained so as to provide eighty percent (80%) summer opacity and sixty percent (60%) 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 (12) 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 five (5) years from the time the initial installation was to have been or has been installed.
(g) Modification Requirements. The Planning Commission may modify or change the location of a buffer area contiguous 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.
(Ord. 02-63. Passed 11-4-02.)
1284.05 APPLICABILITY.
(a) Landscape buffering shall be mandatory between residential uses and zoning districts and uses and zoning districts permitting Class 4 or 5 uses.
(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 a vehicular use area is used or occupied. No existing building, structure or vehicular use area adjoining a residential zoning district shall be expanded, altered or modified until the plans are submitted by the owner or developer to the Planning Commission. The Planning Commission shall review such plans to determine if the changes adversely affect any properties in a residential district. The Planning Commission, after its review, shall require, where necessary, the establishment of a landscape buffering area or a revision of a previously established buffered alea
(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 Planning 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. 02-63. Passed 11-4-02.)
1284.06 PROCEDURES.
(a) When an application for a development plan is made, the Administrative Officer shall determine if the buffering requirement might be applicable. If he determines that the request comes under the buffering requirement, the Administrative Officer shall so advise the applicant and shall submit a request to the Planning Commission that the matter be reviewed once the applicant has furnished to Planning Commission 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.
(4) The applicant 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.
(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 narratively outlines the nature and the effect of the proposed landscape buffer.
(c) The Planning Commission may request photographs or other descriptive data if the Planning Commission deems such data necessary.
(d) 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 Administrative Officer. Such delay should not extend beyond the next growing season following the date upon which the certificate of occupancy is requested.
(e) Where buffering is required, a building permit shall not be issued by the Administrative Officer until an agreement has been reached between the applicant and the Planning Commission as to the buffering requirement. The agreement between the Planning 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 (60) days from the date of notification by the Administrative Officer of noncompliance.
(Ord. 02-63. Passed 11-4-02.)
1284.07 APPEALS.
Any decision or determination by the Administrative Officer or the Planning Commission pertaining to buffering requirements may be appealed to the Board of Zoning Appeals under the procedures established in the City Charter and under Chapter 1264 of these Codified Ordinances.
(Ord. 02-63. Passed 11-4-02.)
1284.99 PENALTY.
(a) Whoever violates or fails to comply with any of the provisions of this chapter shall be guilty of a minor misdemeanor for the first offense and a fourth degree misdemeanor for any subsequent offense. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.
(b) 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 subject to the penalty provided herein.
(Ord. 02-63. Passed 11-4-02.)