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Screening areas must be provided for the purpose of minimizing the friction between incompatible land uses and improving the aesthetic and functional quality of new development.
8.01.01 Screening Area Requirements. All screening areas must be approved by the Zoning Administrator (or Planning Commission, where required by this section), according to submitted plan as regulated by the requirements of § 12.06. Screening areas must be designed, provided, and maintained according to the following:
(A) Where vegetative or topographic conditions that provide a natural screening and buffer exist prior to development of properties in question, every effort must be made to retain such conditions. In such cases, additional screening may not be required, provided that provision is made for maintenance of such conditions to the satisfaction of the Zoning Administrator or Planning Commission, as required by this section.
(B) Whenever screening is required, it must be provided as follows:
(1) All screening must be provided by the construction of a Class 1 or Class 5 fence, as regulated by § 9.02 of this chapter and/or evergreen trees;
(2) All trees must be a minimum of ten feet in height when planted; however, smaller trees (a minimum of five feet in height) may be utilized in combination with berms (e.g., earthen mounds) to provide the minimum ten-foot height requirement; berms must be covered with suitable vegetation, such as grass, ivy, and shrubs, to preclude erosion of the berm;
(3) Trees that are intended to provide screening to a separate multi-family development from a single-family development may not be planted further than 15 feet apart; parking facilities that are located adjacent to the single-family areas must be additionally screened to a minimum height of three feet (via an earth berm, depressed parking, solid fence, and the like) to reduce automobile headlight glare onto adjacent property;
(4) Trees that are intended to separate commercial and industrial development from residential development (single-family and multi-family) may not be planted further than ten feet apart; parking facilities that are located adjacent to residential areas must be additionally screened to a minimum height of three feet (via an earth berm, depressed parking, solid fence, and the like) to reduce automobile headlight glare onto adjacent property.
(C) All trees, shrubs, and other planting materials must be living plants (not artificial) and must be suitable to the Northern Kentucky area and the specific conditions of the site in question, such as but not limited to soil conditions, slopes, reduction of noise pollution, maintenance necessary, and the type of screening needed. The legislative body may require review of the proposed screening plan from the United States Soil Conservation Service, or the applicable County Agricultural Extension Service.
(D) Screening areas are to be provided within the required minimum setbacks as required in each zone's regulations. In the case where property is located adjacent to another governmental jurisdiction, screening requirement must be the same as if the zone in the adjacent legislative body (or a zone containing the most similar types of permitted uses as provided herein) were located within this legislative body.
(E) In the case where a zoning map amendment occurs resulting in adjacency to a different zone than was previously the case, and where development has already occurred on property in the unchanged zone, required additional setbacks and screening requirements (as required in each zone regulation) must be provided for the property in the zone where the zone change occurred.
8.01.02 Provision and Maintenance. Required screening areas must be provided as a condition of development by the owner or developer. All required screening, including the planting of trees and other vegetation, must be maintained by the property owner.
8.01.03 Plans. Areas to be set aside as screening areas must be identified on required plans, as regulated in § 12.06 and where applicable, on the improvement drawings as regulated by the subdivision regulations. Sufficient bond, adequate to cover the required improvements as determined by the legislative body, may be required to be posted. It is unlawful to occupy any premises unless the required screening has been installed in accordance with the requirements as provided herein.
(Ord. O-37-06, passed 8-15-06)