1296.01 INTENT.

   The preservation of existing trees and vegetation, as well as the planting of new trees and vegetation, can significantly add to the quality of the physical environment in the City of Fairlawn. The regulations contained below are designed to provide for the health, safety, and welfare of the residents of the City 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 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;

      (3)   Preserve air quality through the preservation and replacement of trees and significant vegetation removed in the course of development; and,

      (4)   Improve the quality of storm water discharge;

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

   (f)   Providing physiologically, psychologically, sociologically, and aesthetically necessary counterpoints to the man-made environment; and,

   (g)   Protecting, preserving, and promoting the aesthetic character valued by the residents of the City of Fairlawn.

(Ord. 2010-059. Passed 3-7-11; Ord. 2017-061. Passed 11-20-17.)

1296.02 SCOPE OF APPLICATION: COMPLIANCE NECESSARY FOR DEVELOPMENT PLAN APPROVAL.

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

      (1)   All new development on vacant land that requires the submission of a site plan and issuance of a Zoning Certificate or building permit. The required landscaping shall be so indicated on plans submitted as part of the application.

      (2)   The entire site of existing development when substantial expansion or alteration is conducted and one of the following criteria exists. An alteration or expansion of an existing property is substantial when:

         A.   The expansion of an existing building exceeds twenty-five percent (25%) of the gross floor area of the existing building;

         B.   The expansion of the vehicular use area exceeds twenty-five percent (25%) of the total existing vehicular use area; or,

         C.   The land area of the development site is increased by twenty percent (20%) or more.

      (3)   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 1296.02(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)   One-family detached dwellings and two and three-family dwellings shall be exempt from the requirements of this Chapter.

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

(Ord. 2010-059. Passed 3-7-11; Ord. 2017-061. Passed 11-20-17.)

1296.03 DEFINITIONS.

   Terms related to required landscaping and screening shall have the following meanings:

   (a)   Berm: A linear mound of earth designed to provide visual interest, screen undesirable views, buffer adjacent uses, and/or decrease noise. The height of a berm shall be measured from the average natural grade at the base of the berm.

   (b)   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.

   (c)   Diameter-at-breast-height (DBH): The diameter of a tree trunk measured in inches at a height four and one-half (4.5) feet above ground. If a tree splits into multiple trunks below four and one-half (4.5) feet, the trunk is measured at its most narrow point below the split.

   (d)   The allowable plantings and plant materials shall be defined within the Fairlawn Landscape Planting Guide:

      (1)   Large Tree.

      (2)   Medium Tree.

      (3)   Small Tree.

      (4)   Evergreen Tree.

      (5)   Shrub.

      (6)   Ornamental Grasses.

      (7)   Prohibited Tree.

(Ord. 2010-059. Passed 3-7-11; Ord. 2017-061. Passed 11- 20-17.)