(a) Intent. The purpose of this Section is to establish provisions for a visually opaque screen or buffer between incompatible uses and to reduce the effects of glare from automobile headlights, noise, and other activities on a lot that may disturb the owners and occupants of the abutting lot.
(b) Screening. Screening shall be of such nature and density that it will screen the activities on the lot from view of a first story window at normal level on an abutting lot.
(c) When Required. A buffer yard and screening shall be required when:
(1) A lot in the Non-Residence and Other Districts abuts a residential use;
(2) A lot in the Non-Residence and Other Districts abuts the R-S, R-1A, R-1, R-2 Districts;
(4) Required by the regulations in the Non-Residence and Other Districts.
(d) Width of Buffer Yard. The width of the buffer yard shall be equal to ten (10) feet.
(e) Location. The buffer yard shall be located entirely within the higher intensity zoning district or use. The buffer yard may be placed in the lower intensity zoning district or partially within both zoning districts if the lots on both sides of the zoning district line and the entire buffer yard width have common ownership. A permanent easement over any portion of the buffer yard not within the higher intensity zoning district shall be approved by the Law Director and filed for record in the Office of the Recorder of Cuyahoga County.
(f) Buffer Yard Abutting an Adjacent Political Subdivision. When a property line abuts an adjacent political subdivision, the Planning Commission shall determine the screening and buffering required along that property line after consideration of the zoning classification and land use of the adjacent property. The requirements shall not exceed the municipal requirements for property within the City of Bedford Heights with a similar use and zoning classification.
(g) Screening. When the natural vegetation within the required buffer yard does not form a solid, continuous, visual screen or is less than six (6) feet in height along the entire length of the common boundary at the time of occupancy, screening shall be installed in compliance with the following provisions unless more stringent requirements are imposed in Chapter 1171 or the Zoning District Regulations.
(1) Screening Materials. Screening design and plantings shall be compatible with the existing and proposed land use and character of the surrounding land, structures and development. Screening within the buffer yard shall include of one (1) or more of the following:
A. A dense vegetative planting of trees or shrubs of a variety that provide effective screenings in winter and summer. Trees or shrubs shall be planted in a staggered planting pattern, spaced to form a solid, continuous visual screen within one (1) year after the initial installation. The minimum spacing of the trees shall be dependent on the species.
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 ten (10) 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 and a landscaped area at least ten (10) feet wide. Chain link fence is prohibited.
D. A landscaped mound or berm at least seven (7) 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. Continuous screening shall be installed at the time of occupancy. Vehicular or pedestrian access through the screen may be necessary.
(3) Height of Screening. The height of screening shall comply 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.
B. Visual screening shall not exceed a height of three (3) feet when it is located within a front yard or within twenty-five (25) feet of a parking lot, drive, or driveway entrance.
C. Visual screening by vegetation only shall be a minimum of six (6) feet high, measured from the natural grade. The required height shall be achieved no later than 1 year after the initial installation.
(h) Modifications to Buffering and Screening Requirements. A requirement of a buffer yard shall be applied equally to all similarly situated properties. The Planning Commission is authorized to modify the above buffering and screening requirements if:
(1) Natural land characteristics, such as topography or existing vegetation on the proposed building site, achieve the same screening requirement of this Section; or
(2) Innovative landscaping or architectural design is proposed on the building site to achieve an equivalent screening and buffering effect; or
(3) The required screening and landscaping will not provide visual screening at maturity due to the topography of the site, the location of the improvements on the site, or the topography of adjacent and surrounding sites; or
(4) The Planning Commission is persuaded that it is highly improbable that the abutting property will be developed for residential purposes.
(Ord. 2023-029. Passed 4-18-23.)