The purpose of this chapter is to enhance the quality of the physical environment of the Village of Walton Hills by preserving existing trees and vegetation, planting new trees and vegetation, and controlling of the installation of fences and exterior lighting fixtures. The regulations contained herein are designed to provide for the health, safety, and welfare of the residents of the Village 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, and the visual clutter associated with parking and service areas;

   (b)   Providing interruption of large expanses of vehicular use areas and reduction of reflected heat and glare through the implementation of interior and perimeter vehicular use area landscaping;

   (c)   Improving the appearance of off-street parking areas and vehicular use areas and properties abutting public rights-of-way;

   (d)   Providing areas of permeable 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; and,

      (3)   Improves the quality of storm water discharge.

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

   (f)   Controlling the installation of exterior lighting fixtures to prevent light pollution in the forms of 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;

   (g)   Protecting, preserving, and promoting the aesthetic character valued by the residents of the Village of Walton Hills.

(Ord. 2009-17. Passed 9-15-2009.)

   (a)   The provisions of this chapter shall apply to:

      (1)   All new development on vacant land that requires the submission of a development plan and issuance of a zoning permit or building permit. The requirements of this chapter shall be so indicated on plans submitted as part of the applicable application.

      (2)   The entire site of existing development when substantial expansion is conducted. An expansion of an existing property is substantial when:

         A.   The expansion of the square footage of an existing building or structure exceeds twenty-five percent of the gross floor area of the existing building.

         B.   The expansion of the square footage of the vehicular use area exceeds twenty-five percent of the total existing vehicular use area.

         C.   The land area of the development site is increased by twenty percent or more.

      (3)   Except as provided for in Section 1298.11, the portion of a developed site devoted to the expansion or alteration of an existing building, structure, or vehicular use area when such site is not governed by subsection 1298.02(a)(2) above. The minimum landscaping and screening required by this chapter shall be provided to the extent of the alteration or expansion, but not for the entire property of which the alteration or expansion is a part.

   (b)   Single-family detached dwellings shall be exempt from the landscaping requirements of this chapter.

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

(Ord. 2009-17. Passed 9-15-2009.)

   (a)   For the purposes of this chapter and this Zoning Code, the following terms shall have the meaning herein indicated:

      (1)   “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.

      (2)   “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.

      (3)   “Diameter-at-breast-height (DBH).” The diameter of a tree trunk measured in inches at a height four and one-half feet above ground. If a tree splits into multiple trunks below four and one-half feet, the trunk is measured at its most narrow point below the split.

      (4)   “Footcandle.” A unit of illumination produced on a surface, all points of which are one foot from a uniform point source of one candle.

         A.   “Foot-candle, horizontal.” The measurement of foot-candles utilizing a direct reading, portable light meter mounted in the horizontal position.

         B.   “Foot-candle, vertical.” The measurement of foot-candles utilizing a direct reading, portable light meter mounted in the vertical position.

      (5)   “Full-shielded or full cut-off type fixture.” An outdoor lighting fixture that is shielded or constructed so that all light emitted is projected below a horizontal plane running through the lowest light-emitting part of the fixture. See illustration 1 for full cut-off lighting below.

      (6)   “Glare.” Direct light that causes annoyance, discomfort or loss in visual performance and visibility.

      (7)   “Illuminance.” The quantity of light arriving at a surface divided by the area of that surface, measured in footcandles.

      (8)   “Large tree.” A living tree with a DBH measurement at maturity of at least six inches.

      (9)   “Light trespass.” Light emitted by a lighting fixture that falls beyond the boundaries of the property on which the fixture is installed.

      (10)   “Recessed ceiling fixture.” An outdoor lighting fixture recessed into a canopy ceiling so that the bottom of the fixture is flush with the ceiling.

      (11)   “Shade tree.” A tree with foliage that usually sheds annually and is planted primarily for its high crown of foliage or overhead canopy.

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

      (13)   “Small Tree.” A living tree with a DBH measurement at maturity of at least four inches.

      (14)   “Uplighting.” Any light source that distributes illumination above a 90-degree horizontal plane. See illustration 2 for uplighting below.

   Illustration 2 - Uplighting

(Ord. 2009-17. Passed 9-15-2009.)

   All areas within the required front or corner side and/or parking setback, excluding driveway openings, shall be landscaped as required below. The following minimum plant materials shall be provided and maintained on all lots or developments except lots devoted to singe-family detached dwellings.

   (a)   Three large deciduous trees shall be provided for every one-hundred linear feet of lot frontage or fraction thereof, not including drive entrances.

   (b)   Each tree at the time of installation shall have a minimum caliper of two and one-half inches and a clear trunk height of at least six feet.

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

   (d)   All areas not devoted to trees and shrubs shall be planted with grass, ground cover or other live landscape treatment.

   (e)   Trees and shrubs may be aggregated appropriately.

(Ord. 2009-17. Passed 9-15-2009.)

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

      (1)   For any parking area designed to accommodate twenty or more vehicles when there are three or more parking aisles, a minimum of five percent of the parking lot 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.

      (2)   Interior landscaped areas shall be dispersed so as to define aisles and break up the expanse of paving and limit unbroken rows of parking to a maximum of one-hundred feet. Each interior landscaped area shall be no less than 100 square feet. The minimum width for each area shall be ten feet;

      (3)   Within the landscaped islands, there shall be provided one shade tree for every ten parking spaces. Each landscape island shall have at least one shade tree.

      (4)   Shrubs or low spreading plant materials shall be planted within the required landscaped islands in such a way that there is no impairment to the visibility of motorists or pedestrians.

      (5)   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.

      (6)   Landscaped areas along the perimeter of the parking area, or in any part of a setback or yard, shall not be counted as interior parking lot landscaped areas; except perimeter plantings may be used to satisfy the requirements in this section when parking facilities are less than forty-two feet in width and accommodate twenty or fewer vehicles.

      (7)   For the purpose of this section, the area of a parking lot shall be the total vehicular surface area within the perimeter of the parking lot, 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. In addition to the requirements of subsections 1298.05(a) and 1298.05(c) hereof, perimeter landscaping shall be required along any side of a parking lot that abuts adjoining property that is not a right-of-way. A landscaped strip at least ten feet in width shall be located between the parking area and the abutting property lines. One large deciduous or two small deciduous trees for each forty lineal feet shall be planted in the landscaping strip. However, this does not mean that shade trees must be located forty feet on center or be spaced forty feet apart. This ten foot wide strip shall be landscaped open space 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. The requirements of this section shall not apply where planting is required for screening pursuant to Section 1298.06, Buffering and Screening Between Districts and Uses.

   (c)   Street Frontage Planting Requirements. In addition to the requirements of subsections 1298.05(a) and 1298.05(b) hereof, when a parking lot is located adjacent to a public right-of-way, screening shall be provided to reduce the visual impact of the parking lot utilizing one of the following methods. The requirements of this subsection shall not apply where planting is required for screening pursuant to subsection 1298.06(c)(4).

      (1)   Landscaped setbacks. Provide at least a twenty-foot wide landscaped area exclusive of that required for sidewalks or utility easements, as specified in the Zoning Code, between the right-of-way and the parking lot, to be planted with one large deciduous or two small deciduous trees for each forty lineal feet of frontage. This landscaped strip shall contain at least a three-foot high evergreen hedge, masonry wall or ornamental fence, such wall, fence, etc. shall be constructed on the edge of such landscape strip closest to the parking lot.

      (2)   Grade changes. In cases where substantial grading is necessary that results in a parking lot lower in elevation than the surrounding or adjacent right-of-way, the resulting embankment should be planted with low shrubs and shade or ornamental trees. A minimum of ten feet of landscaping should be provided between the right-of-way and the parking lot.

      (3)   Landscape berms. Create at least a two-foot high berm, measured from the natural grade, with slopes not to exceed twenty-five percent for lawn areas. Berms planted with ground cover and shrubs can be steeper; however, no slope should exceed forty percent.

      (4)   Woodland preservation. In cases where quality woodland exists, preserve existing trees between the parking lot and the right-of-way. Provide additional evergreen shrubs if needed to achieve an effective visual buffer. The vegetation should be saved.

   (d)   Landscaping Design Criteria.

      (1)   The primary landscaping materials used in parking lots shall be trees that provide shade or are capable of providing shade at maturity. Shrubbery, hedges, and other live planting material may be used to complement the tree planting scheme or landscape design but shall not be the sole components of the landscaping. Avoid tall shrubs or low branching trees that will restrict visibility. Effective use of earth berms and existing topography is also encouraged as a component of the landscape plan.

      (2)   In large parking lots, separate pedestrian walkways should be provided to allow safe movement within the lots. These walkways should generally be oriented perpendicular to and between parking bays. Adjacent to the walks, trees should be planted. These plantings will aid in the identification of walkway locations within the lot and also aid in providing shade for the pedestrian. The following guidelines apply to the development of walkways within large parking lots.

         A.   One walkway can serve as a collector for up to four bays of parked cars.

         B.   The walkways shall be a minimum of four feet wide, allowing an additional thirty inches on each side for overhanging of automobiles.

         C.   All walkways shall be raised to a standard sidewalk height and shall be constructed of different paving material than the parking lot.

   (e)   Accessways. Necessary accessways shall be permitted to traverse the required landscaping area. The width of such accessways shall not be subtracted from the linear dimensions used to determine the minimum number of trees required in this section.

   (f)   Vehicular Encroachment. A vehicle shall not encroach upon any landscaped area.

   (g)   Vehicular Use Areas. Vehicular use areas, other than parking spaces or parking lots, for all land uses require two square feet of landscaped area for each 100 square feet of pavement or fraction thereof.

(Ord. 2009-17. Passed 9-15-2009.)

   (a)   Intent. The intent of this section is to establish provisions for a visual screen or buffer between incompatible uses and to reduce the effects of glare from automobile headlights, noise, and other objectionable activities conducted on a given lot.

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

   (c)   When Required. A buffer yard shall be required when:

      (1)   A lot in the Commercial, Office Building and Industrial Districts abuts the R-1, Country Home district;

      (2)   A lot in the R-1, Country Home District is devoted to a non-residential conditional use;

      (3)   Required by the Conditional Use Regulations in Chapter 1294, Conditional Use Regulations;

      (4)   When any wall of a non-residential building in the Commercial, Office Building, and Industrial Districts is across the street from the R-1, Country Home District, screening shall be installed along the full length of such street frontage. No screening shall be required when the Commercial, Office Building or Industrial Districts lot is used for residential purposes.

   (d)   Width of Buffer Yard. The width of the buffer yard shall be equal to the most restrictive parking set back set forth in the applicable zoning district or ten 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.

   (f)   Buffer Yard Abutting an Adjacent Jurisdiction. When property lines abut an adjacent jurisdiction, the Planning Commission shall determine the specific screening and buffering requirements along that property line after consideration of the zoning designation and/or land use of the adjacent property. Requirements shall not exceed those that would be required for similarly situated/zoned property within the Village of Walton Hills.

   (g)   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 feet along the entire length of the common boundary at the time of occupancy, 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, building, 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 year after the initial installation. At a minimum, at the time of planting, the spacing of trees shall not exceed twelve 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 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 feet wide. A chain link fence shall not be permitted.

         D.   A landscaped mound or berm at least ten feet wide, with no more than a three to one slope.

      (2)   Location. The location of the wall, fence, berm, or vegetation shall be placed within the buffer yard to maximize the screening effect, as determined by the Planning Commission.

      (3)   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.

      (4)   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 feet high measured from the natural grade, except as set forth in subsection B. below.

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

         C.   When used alone, vegetation shall be a minimum of six feet high, as measured from the natural grade, in order to accomplish the desired screening effect. The required height shall be achieved no later than one year after the initial installation.

   (h)   Modifications to Buffering and Screening Requirements. Buffer yards required by this chapter shall be applied equally to all similarly situated properties. The Planning Commission is empowered to modify the above buffering and screening requirements if, and only if:

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

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

      (3)   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.

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

      (5)   A written request is received from the owners of the abutting residential district property that the screening as required herein should be waived or varied based on stated purposes.

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

(Ord. 2009-17. Passed 9-15-2009.)

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

   (a)   Trash Collection Areas. Trash collection areas shall comply with the applicable regulations set forth in Chapter 1299, General Use Regulations.

   (b)   Ground-mounted Mechanical Equipment. Ground mounted mechanical equipment shall be screened with evergreen shrubbery so that within one year the equipment is completely obscured from view.

   (c)   Outdoor Storage and Loading Areas. Permitted accessory loading areas, outdoor storage of goods, supplies, equipment or fleet vehicles used in the operation of an establishment, where permitted, shall be enclosed with a solid fence or wall, including solid gates. The wall or fence shall have a height tall enough to conceal all operations and materials therein from the view of any observer standing at the grade level of an abutting lot or a public street. The applicable zoning district may contain additional regulations governing outdoor storage.

   (d)   Height of Screening. Screening shall be a minimum of six feet in height, unless otherwise specified herein, placed adjacent to the waste receptacles, storage or loading areas so as to effect screening from any adjacent streets and any adjoining properties.

(Ord. 2009-17. Passed 9-15-2009.)

   Areas within the setback and all other portions of the lot not covered by permitted structures shall be landscaped with grass, trees, shrubbery and/or other appropriate ground cover or landscaping material, which at all times shall be maintained in good and healthy condition.

   (a)   Installation. Unless otherwise provided for in this chapter:

      (1)   Each tree at the time of installation shall have a minimum caliper of two inches and a clear trunk height of at least six feet, unless otherwise specified.

      (2)   When a small tree is permitted by this chapter, such tree shall have a minimum caliper of 1.5 inches and a clear trunk height of at least five feet at the time of installation.

      (3)   If installation of plantings is not completed in a planting season, then landscaping must be installed during the next planting season.

   (b)   Performance Guarantee. No landscape plan required by this Code shall be approved and no zoning permit issued until the owner of the lot and/or building in question has posted a performance guarantee with the Village conditioned upon satisfactory installation of the approved landscaping in the owner's landscape plan. Such guarantee shall be in the form of a performance, surety bond, certified check or any other such type of guarantee approved by the Village Attorney. The financial guarantee shall cover the estimated cost of all required landscaping, installation of such landscaping and any other landscaping obligations on the part of the owner or applicant.

   (c)   Planting Arrangement. Trees and shrubs shall be arranged to create varied and attractive views and plant material should provide a variety of color displayed throughout the year.

   (d)   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.

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

   (f)   Pedestrian Movement. Materials shall not be placed where they will prevent pedestrian movement unless so planted for that or similar purpose.

   (g)   Maintenance. The owner of landscaping required by this Zoning Code shall maintain such landscaping in good condition so as to present a healthy, neat and orderly appearance, free from refuse and debris. When necessary, plant materials shall be replaced, and replacement material shall conform to the original intent of the landscape plan. 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. If not replaced with like kind and size, a revised landscape plan shall be submitted to the Zoning Administrator for review and approval.

(Ord. 2009-17. Passed 9-15-2009.)

   (a)   The location of proposed landscaping, fences or walls required to fulfill the standards and criteria of this chapter shall be reviewed and approved as part of a development plan pursuant to Chapter 1258.

   (b)   However, when a fence, landscaping, or wall is proposed at a separate time from any other development for new construction, additions or site renovation, a fence, landscaping, or wall may be approved administratively by the Zoning Administrator when the Zoning Administrator determines that the proposal:

      (1)   Complies with the requirements of this chapter;

      (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.

   If, because of the nature and location of the proposed improvements, the Zoning Administrator does not make such a determination, the request shall be referred to the Planning Commission and considered by the Commission according to the development plan procedures in Chapter 1258.

(Ord. 2009-17. Passed 9-15-2009.)

   The standards and criteria in this chapter establish the Village's objectives and levels of landscaping intensity expected. In applying these standards, the Planning Commission may exercise discretion and flexibility with respect to the species, placement, and arrangement of the required elements to ensure that the objectives of this and the proposed development or redevelopment are best satisfied.

(Ord. 2009-17. Passed 9-15-2009.)

   The purpose of this section is to regulate the placement, orientation, distribution patterns and fixture types of outdoor lighting in the Commercial, Office Building and Industrial Districts and all nonresidential conditional uses in the Country Home District.

   (a)   Exterior Lighting Plan. A lighting plan is required for all uses that are required to file a development plan and shall be approved according to the procedures set forth in Chapter 1258, Administrative Procedures. All existing uses on which exterior lighting is installed or changed shall conform to these standards. The lighting plan shall demonstrate compliance with the exterior lighting standards of this section, and shall include the items in subsection 1258.05(e)(10).

   (b)   Appropriate site lighting, including lights for signs, buildings and streets, shall be arranged so as to:

      (1)   Provide safety, utility and security.

      (2)   Control light trespass and glare on adjacent properties and public roadways.

      (3)   Reduce atmospheric light pollution.

   (c)   General Requirements.

      (1)   All outdoor lighting fixtures regulated according to this section, including but not limited to those used for parking areas, vehicular use areas, buildings, building overhangs, canopies, signs, displays and landscaping, shall be full cut-off type fixtures, unless exempt per subsection 1298.11(d).

         A.   Full-cutoff fixtures shall be installed and maintained so that the shielding is effective as described in subsection 1298.03(a)(5) above.

         B.   Automobile-oriented uses such as gasoline stations, service stations and drive-through facilities shall install recessed ceiling fixtures in any canopy.

         C.   Signs that are wholly illuminated from within and freestanding signs that are externally illuminated with an exposed incandescent lamp not exceeding twenty-five watts do not require shielding.

      (2)   Light trespass at a property line shall be limited to no more than 1.0 footcandles at the property line. All on-site lighting of buildings, lawns, parking areas and signs shall be designed so as not to shine onto any adjacent residential property or building, or to cause glare onto any public street or vehicle thereon.

      (3)   Measurement.

         A.   Light levels shall be measured in footcandles with a direct reading, portable light meter. Readings shall be taken only after the cell has been exposed long enough to take a constant reading.

         B.   Measurements shall be taken at the applicable property line, along a horizontal plane at a height of three and one-half feet above the ground.

      (4)   All non-essential outdoor lighting fixtures, including parking, sign, display and aesthetic lighting, shall be turned off after business hours. Only that lighting needed for safety or security may remain lit after close of business, in which case the lighting shall be reduced to the minimum level necessary.

   (d)   Exemptions.

      (1)   Decorative outdoor lighting fixtures with bulbs of less than twenty-five watts, installed seasonally, are exempt from the requirements of this section.

      (2)   Temporary construction or emergency lighting is exempt from the requirements of this section. Such lighting shall be discontinued immediately upon completion of the construction work or abatement of the emergency necessitating such lighting.

      (3)   All outdoor lighting fixtures existing and legally installed prior to the effective date of this Zoning Code shall be exempt from the requirements of this section. When existing lighting fixtures become inoperative, their replacements are subject to the provisions of this section.

      (4)   Nothing in this section shall apply to lighting required by the FAA or any other federal regulatory authority.

(Ord. 2009-17. Passed 9-15-2009.)

   (a)   Fences and Walls in the Country Home District. In the Country Home District, fences and walls shall maintain a minimum six inch setback within the property lines and shall conform to the following regulations. This minimum six inch setback may be waived by the Zoning Administrator, when written permission from the adjacent property owner is received, providing such fence, including its foundation, shall not encroach on the adjacent property.

      (1)   Height and Opacity.

         A.   Front Yards and Corner Side Yards. Fences in a front and or corner side yard shall not exceed forty-two inches in height above the natural grade. At least seventy-five percent of the vertical surface of the fence located in a front or corner side yard shall be open and such openness shall be uniformly distributed across the vertical surface.

         B.   Side and Rear Yards. Fences and walls in the side or rear yard shall not exceed six feet in height above the natural grade, except fences which are erected behind the minimum side and rear setback shall be exempt from this regulation.

      (2)   Fences may be located in any part of the yard. Fences located adjacent to public rights-of-way shall have a one foot setback. Fences shall be located entirely on the property of the person constructing it.

      (3)   Fences, gates, doors and other obstructions shall not swing across or over a sidewalk, property line, or public right-of-way.

      (4)   All fences must comply with the visual clearance requirements for corner lots set forth in Chapter 1299.

      (5)   No fence shall be constructed, without Village authorization, within a right-of-way or a utility easement. Any fence constructed within a utility easement, or inhibiting access to such easement, may be removed by the Village and the cost of such removal may be charged against those parties having an interest in the fence.

      (6)   Materials and Construction.

         A.   Only ornamental fences shall be permitted in the front and corner side yards. Other fences shall be constructed of finished masonry (unfinished masonry shall not be permitted), wood, wrought iron, decorative steel, aluminum or other similar synthetic materials, except that chain link fencing shall only be permitted in the side or rear yard provided the height of chain link fences shall not exceed five feet.

         B.   No fence shall be electrified or topped with broken glass, spikes, barbed wire or other sharp edged material. A living fence whose species has briars, thorns or other foliage which can scratch, injure or harm a person or animal shall be kept trimmed by the owner when such fence is within the required front, side, or rear setback.

         C.   Fences that are painted shall be one color. Fences and walls shall be maintained in good repair at all times by the owner and/or occupant of the lot on which they are located. The smooth finished side of the fence shall be the side of the fence that faces outward from the yard being fenced.

         D.   All fences on a single parcel shall have a unified style along a single plane and for all fence segments visible from off the premises from any single direction.

   (b)   Fences and Walls in the Commercial, Office Building, and Industrial Districts Fences and Walls. Fences and walls may be erected in any Commercial, Office Building, and Industrial Districts only in compliance with the requirements set forth below:

      (1)   Location.

         A.   Fences and walls shall maintain a minimum six inch setback within the property lines at all times. This minimum six inch setback may be waived by the Zoning Administrator, when written permission from the adjacent property owner is received, providing such fence, including its foundation, shall not encroach on the adjacent property.

         B.   All fences must comply with the visual clearance requirements for corner lots set forth in Chapter 1299.

      (2)   Materials and Construction.

         A.   Approved fencing materials include stone, brick, finished wood, iron, or synthetic look-alike products. Chain link shall only be permitted in rear and side yards at a maximum height of six feet above the natural grade at the fence location, except as provided for in subsection 1298.12(b)(2)C. below.

         B.   No fence shall be electrified or topped with barbed wire, except in the industrial districts as provided for in subsection 1298.12(b)(2)C.

         C.   In the Industrial districts, fences topped with barbed wire are permitted to a maximum height of eight feet above natural grade at the fence location and only if the fences are fabricated with chain links topped with barbed arms turned to the inside of the property. Such barbed wire shall only be constructed above a minimum height of seven feet from the natural grade at the fence locations.

         D.   Only ornamental fences shall be permitted in front of a building, unless required for screening pursuant to Section 1298.06, Buffering and Screening Between Districts and Uses, or provided for outdoor dining.

         E.   All fences shall be designed, constructed, and finished so that the supporting members face the property of the owner of the fence.

         F.   All fences on a single parcel shall have a unified style along a single plane and for all fence segments visible from off the premises from any single direction.

      (3)   Height. No fence shall exceed seven feet in height in any rear or side yard, or exceed forty-two inches in height when located in front or corner side yards, unless otherwise required or permitted by this Zoning Code.

      (4)   Screening and Landscaping.

         A.   Screening and landscaping is not required for ornamental fences.

         B.   All fences, other than ornamental fences, when visible from public streets, shall be visually softened and reasonably screened from the street with appropriate landscaping as follows:

            1.   Fences that are located within required building and parking setbacks shall be considered appropriately screened when the landscaping required in Section 1298.04, Landscaping along the Street Frontage, is planted within five feet of the fence and between the fence and the property line.

            2.   Fences that are not located within the required building and parking setback areas shall be screened with the following landscape materials, planted not more than five feet from the fence and between the fence and the property line:

               a.   One shade tree shall be provided for every thirty linear feet of fence length or fraction thereof, not including gates or other fence openings. Each tree at the time of installation shall have a minimum caliper of two and one-half inches and a clear trunk height of at least six feet;

               b.   One shrub, that is twenty-four inches in height at planting, shall be provided for every five feet fence length or fraction thereof, not including gates or other fence openings; and,

               c.   The landscaping may be flexible in its arrangement by appropriately aggregating the required plant materials.

(Ord. 2009-17. Passed 9-15-2009.)