(a) Purpose. 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 lot which 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 shall be required when:
(1) A lot in a Commercial or Industrial District abuts a Residential District;
(2) A lot in a Multi family Residential Zoning District abuts an R-1, R-2, R-3 or R-3CPE Residential District;
(3) A lot in a Residential District devoted to a non residential conditional use or a use that is permitted by right with supplementary regulations abuts a single-family or two-family dwelling;
(5) When a nonresidential use in a Planned Unit Development is located along the perimeter of the PUD and abuts a single family detached dwelling not in the PUD; and,
(6) When a wall of a non residential building in a Commercial or Industrial District faces or is across the street from a Residential District, screening shall be installed along the full length of such street frontage.
(d) Width of Buffer Yard. The width of the buffer yard shall be equal to the parking set back in the zoning district.
(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 executed, held by the Community Development Administrator, and recorded when the ownership of each lot changes. 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 granted to the owners' association.
(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 Chardon 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:
(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 or more of the following:
A. A dense vegetative planting of trees or shrubs of a variety which 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. A non living opaque structure, such as a solid masonry wall, that is compatible with the principal structure or a solid wood fence and landscaped area at least ten (10) feet wide. Solid fences shall be designed, constructed, and finished so that the supporting members face the property owner of the fence and shall be maintained in good condition and repair, attractively finished at all times and be structurally sound.
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 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 one (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 Community Development Administrator 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.
(2) Innovative landscaping or architectural design is proposed on the building site to achieve an equivalent screening and buffering effect.
(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.
(4) The Community Development Administrator is persuaded that it is highly improbable that the abutting property will be developed for residential purposes due to circumstances occurring after the adoption of the Comprehensive Plan and the Code.
(Ord. 3273. Passed 5-9-24.)