1129.01 Purpose.
1129.02 Screening, buffering and landscaping required.
1129.03 Submission of screening, buffering and landscaping plan.
1129.04 Components of screening, buffer yard and landscaping plan.
1129.05 Specific buffer yards and landscaping requirement.
1129.06 Approval of plan.
1129.07 Required completion time.
1129.08 Fence requirements.
1129.09 Maintenance of screening, buffer yards, landscaping and fences.
1129.10 Obstructing vehicular vision.
1129.11 Retaining walls.
1129.12 Screening of maintenance equipment.
The purpose of the screening, buffer yard and landscaping regulations is to:
(a) Eliminate or minimize conflicts between potentially incompatible, but otherwise permitted land uses on adjoining lots using a suitable combination of setbacks, visual buffers and physical barriers.
(b) Prescribe standards for the development and maintenance of trees, plantings, walls and fences.
(c) Mitigate the adverse effects of noise, blowing dust and debris.
(d) Improve the urban environment by providing trees and plantings that cool the air and land, reduce carbon dioxide in the air, and produce oxygen.
(e) Protect users of parking areas from excessive wind, glare, and temperature extremes.
(f) Promote attractive development and preserve the appearance and character of the surrounding area through the use of landscaping.
(Ord. 34-17. Effective 12-7-17.)
A suitable combination of screening, buffering and landscaping along and proximate to common property lines shall be required for any new development or expansion of an existing development involving more than a 10% increase of gross floor area, which occurs between:
(a) A non-residential zoning district or use and a residential zoning district or use;
(b) Residential subdivisions with different zoning districts; or,
(c) Planned unit development districts with a common measure of density that varies more than 30%.
(Ord. 34-17. Effective 12-7-17.)
(Ord. 34-17. Effective 12-7-17.)
Prior to the issuance of a building permit for any of the uses described above, the applicant shall be required to submit to the Zoning Administrator a plan setting forth the proposed method of screening, buffering and landscaping. The plan shall take into consideration the space required to be screened, buffered and landscaped, the planting area available, the density of the foliage required to adequately protect abutting properties and the height of screening necessary to provide the desired protection.
(Ord. 34-17. Effective 12-7-17.)
The screening, buffering and landscaping plan shall include a site plan, drawn to scale, indicating the specifications and locations of the following screening, buffering and landscaping components, when applicable:
(a) The species and size of all existing trees 1¼ inch caliper or larger, showing those that are proposed for removal and those proposed for retention;
(b) The species and size of all proposed trees 1¼ inch caliper or larger;
(c) The species and size of all other plantings, including shrubs and ground covers, indicating common names, scientific names and varieties, quantities, and sizes for all plant materials proposed;
(d) All proposed man-made barriers such as fences and walls;
(e) Proposed grading, drainage and erosion control measures;
(f) The irrigation system, if any; and
(g) The maintenance plan, if any.
(Ord. 34-17. Effective 12-7-17.)
(a) The buffer yard shall be a landscaped area free of structures, dumpsters, material storage or display, manufacturing or processing activity, loading and unloading areas or vehicle parking or outdoor display. No new driveways or streets shall be permitted in buffer yards except at points of approved approximately perpendicular crossings for ingress or egress.
(b) All areas not covered by plants, shrubs and trees shall be well maintained by an all season vegetative ground cover and shall be kept free of debris and rubbish and not include grass areas higher than eight inches at grade. Grass shall be the default ground cover.
(c) All plantings must be suitable for the City of Fairborn's soils and climatic conditions and the planting's slope exposure, and:
(1) Shall be distributed so as to provide a relatively uniform planting. Where the planting is along a street and some visibility into the development is desired, the plant material may be arranged to provide view corridors.
(2) The landscaped areas shall be entirely pervious except for barrier structures and walks that provide pedestrian access. No more than 25% of the required area may consist of impervious materials such as gravel, stones, or paving.
(3) A mix of hardwood tree species shall be provided.
(4) Native grasses and plants that are pollinator friendly shall be provided.
(d) If an applicant demonstrates to the satisfaction of the Zoning Administrator and City Engineer that an existing healthy tree line, attractive thick vegetation, natural earth berm and/or steep slopes will be preserved and serve the same buffer purposes that would otherwise be required by this Chapter, then such preserved existing buffer shall be permitted to be used, in part or whole, in place of new ground cover, grading and plantings. If this existing natural buffer is removed at any time, the applicant or property owner shall be required to plant a buffer yard that will meet the ground cover, grading and planting requirements of this chapter.
(Ord. 34-17. Effective 12-7-17.)
All screening required hereunder shall be completed prior to the issuance of an occupancy permit, or in such cases in which issuance of an occupancy permit is not applicable, within one month from the effective date of the rezoning or conditional use legislation. The Zoning Administrator may issue a reasonable extension of the 30-day requirement in case of extenuating circumstances. A satisfactory performance bond or letter of credit shall be provided to assure completion of the screening as shown on the plan.
(Ord. 34-17. Passed 12-7-17.)
(a) Purpose. Properly designed and installed fences provide screening, privacy and security, delineate boundaries, improve pedestrian and vehicular traffic flow, and enhance aesthetics on private property. Fences are permitted within any zoning district and may be required in some districts for screening purposes as specified in applicable sections of this Zoning Code. The purpose of these regulations is to:
(1) Control the design and installation of fences;
(2) Protect the general appearance of properties within the community; and
(3) Preserve the health and safety of the general public.
(b) Agricultural Uses Exempted. Any premises whose principal use is agriculture shall be exempt from subsection (f) below if approved by the Zoning Administrator.
(c) Means of Emergency Access Required. Fences located in any zoning district within a front yard shall include at least one permanent opening or unlockable gate with a minimum width of four feet to provide emergency access to the principal building or to the enclosed areas of the property.
(d) Fences Permitted by Material, Type and Style. Durable, weather resistant and rustproof materials such as wood, metal, vinyl and stone, as certified by the Zoning Administrator, may be used in the following fence types:
(1) Board-on-board, louver or shadowbox;
(2) Rail or split rail;
(3) Basket weave or lattice;
(4) Open palisade or stockade;
(5) Standard picket;
(6) Decorative, finished concrete or masonry;
(7) Invisible fences consisting of a low voltage (2.5 watts or less) wire buried beneath the ground, used to activate a device placed on the collar of dogs or other similar pets to contain them on the premises. Invisible fences shall be restricted to private property; or
(8) Vinyl coated chain link.
(e) Fence Gates and Ornamentation. All fence gates and ornamentation shall be constructed of the same style and color as the predominant fence materials.
(f) Fences Prohibited by Location, Material, Type and Style. The following fence location, materials, types, and styles shall be prohibited:
(1) Dangerous fences installed above ground, such as electrified, barbed wire, unfinished, non-durable, sharped edge, rusted, or other such fences designed to inflict pain or cause injury, not including radio frequency fences, shall be prohibited within any zoning district;
(2) Chicken, mesh or woven wire fences;
(3) Deer fences;
(4) Snow fences;
(5) Non-decorative concrete or masonry wall fences;
(6) Plywood, particle board and other non-traditional fence materials deemed unacceptable by the Zoning Administrator;
(7) Any part of a fence or fence gate located within a public right-of-way; and
(8) Any part of a fence or fence gate containing a sign or message other than the name of the fence manufacturer not to exceed ½ square foot.
(g) Facing. All fences shall be installed so that support posts and other support mechanisms face the inside part of the fence.
(h) Residential Rear Yard Fence Requirements.
(1) Rear yard fencing shall not be erected in front of the rear building line of the principal building.
(2) The maximum height permitted in a rear yard shall be six feet.
(3) Within any residential district, any style or type of fencing other than those listed as prohibited fences are permitted in the rear yard.
(4) An exception for tennis and basketball courts is granted to allow 12 feet, provided any part of the fence above six feet shall be constructed of an open material which minimally obstructs vision.
(5) In all residential zoning districts except the C Conservation Development, SE Suburban Residential and PUDs with residential uses, wire fencing, including chain link shall only be permitted in the rear yard.
(i) Residential Front and Side Yard Fence Requirements.
(1) The maximum height permitted for fences located within a front yard shall be 48 inches. The fence located within a front yard shall be constructed using such materials or construction methods as to achieve a minimum transparency of sixty percent (60%). The openings of the fence that provides that transparency shall be evenly spaced throughout the vertical surface. Picket, split rail or ornamental metal are permitted.
(2) Side yard fencing shall not be erected in front of the front building line of the principal building. The maximum height for fences located within a side yard shall be six feet or 72 inches.
(j) Residential Front and Side Yard Fence Requirements for Corner Lots.
(1) The maximum height permitted for fences located within a front yard on a corner lot shall be six feet or 72 inches provided the fence is behind the front building line of the house and is set back a minimum of 10 feet from the right-of-way.
(2) The maximum height permitted for fences located within a side yard on a corner lot shall be six feet or 72 inches.
(k) Residential Fence Exceptions. Noncontiguous fence components that reasonably do not provide screening, privacy or security and are not greater than 18 inches in height and three feet in linear width shall not require a fence permit.
(l) Non-Residential Fence Requirements.
(1) The maximum height permitted for fences located in any yard shall be six feet.
(2) Any fence located in a required front yard shall not exceed four feet, or 48 inches in height.
(3) The maximum height permitted for fences located within a front yard on a corner lot shall be six feet or 72 inches provided the fence is behind the front building line of the principle structure and is set back a minimum of 10 feet from the right-of-way.
(m) Fence Permit Required.
(1) A permit is required prior to the installation of a new fence or fence section, or the relocation of any part of an existing fence located in any yard.
(2) A fence permit application shall be submitted on forms provided by the Zoning Administrator signed by the owner of the property or by the commercial fence contractor, if applicable.
(3) A fence permit application shall be accompanied by plans or drawings showing the actual shape and dimension of the lot on which the fence is to be installed, and the exact height, location, length, and type of fence materials proposed.
(4) The applicant is responsible for confirming that the fence will not encroach into an adjoining property or into a right-of-way.
(5) Permits for Regular Maintenance Not Required.
(6) A permit shall not be required for regular fence maintenance. Regular maintenance includes any activity which does not result in the relocation, change in elevation, size or extension of an existing fence or fence section. Any regular maintenance shall require the use of the same style and color of materials as the predominant fence materials.
(Ord. 34-17. Effective 12-7-17; Ord. 21-19. Passed 4-1-19.)
All screening shall be maintained to continue its effectiveness. If a screening fence or wall required by the Zoning Code deteriorates, it shall be replaced within six weeks. If ground cover or plantings required by the Zoning Code die or otherwise lose their effectiveness, they shall be repaired, or replaced, during the next planting season, or within six months, whichever is sooner. When screening is achieved by either a wall or fence, they must be properly maintained as per the Fairborn Property Maintenance Code.
(Ord. 34-17. Effective 12-7-17.)
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