1296.01 Intent.
1296.02 Scope of Application: Compliance Necessary for Development Plan Approval.
1296.03 Definitions.
1296.04 Landscaping along the Street Frontage & Parking Setback.
1296.05 Screening and Landscaping of Parking Lots.
1296.06 Buffering and Screening between Districts and Uses.
1296.07 Screening of Accessory Uses.
1296.08 General Requirements.
1296.09 Open Space Requirements.
1296.10 Approval Process for Required Landscaping, Fences and Walls.
1296.11 Flexibility.
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.)
(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.)
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.)
In addition to the requirements on subsection 1296.05(c), all areas within the required setback adjacent to a street right-of-way as well as the front or corner lot and/or parking setbacks, excluding driveway openings, shall be landscaped as required below. The following minimum plant materials shall be provided and maintained on all lots or developments:
(a) One (1) large tree shall be provided for every fifty (50) linear feet of lot frontage or fraction thereof, not including drive entrances.
(b) One (1) shrub shall be provided for every ten (10) linear feet of lot frontage or fraction thereof, not including drive entrances.
(c) All areas not devoted to trees and shrubs shall be planted with grass, ground cover or other live landscape treatment.
(d) Trees and shrubs may be aggregated appropriately, as approved by the Planning Commission.
(Ord. 2010-059. Passed 3-7-11; Ord. 2017-061. Passed 11-20-17.)
(a) Landscaping on the Interior of Parking Lots. Interior landscaping of parking lots shall be provided in accordance with the following requirements.
(1) For any parking area designed to accommodate fifty (50) or more vehicles, a minimum of five percent (5%) of the parking lot shall be planted as landscaped island areas, developed, and reasonably distributed throughout the parking lot to define major circulation aisles and driving lanes and provide visual and climatic relief from broad expanses of pavement, except perimeter plantings may be used to satisfy the requirements in this Section when parking facilities are less than sixty-two (62) feet in width.
(2) Each interior landscaped area shall be no less than two hundred (200) square feet. The minimum width for each area shall be ten (10) feet. In all cases, the minimum distance from a tree to the back of curb shall be four (4) feet.
(3) Within the landscaped islands, there shall be provided one medium or large tree for every ten (10) parking spaces.
(4) Small trees, shrubs, ornamental grasses or low, spreading plant materials may also be planted within the required landscaped islands provided there is no impairment to the visibility of motorists or pedestrians.
(5) If the specific application of the interior landscape requirements will seriously limit functions of the building site, the Planning Commission shall have authority to permit consolidation and relocation of these landscaped areas on the building site.
(6) Landscaped areas along the perimeter of the parking area, or in any part of a yard, shall not be counted as interior parking lot landscaped areas, except as provided for in subsection (1) above.
(7) If a landscaped island exceeds fifty (50) linear feet, one large tree shall be planted per fifty (50) feet of length.
(8) For the purpose of this Section, the area of a parking lot shall be the total vehicular use area within the perimeter of the parking lot, including the landscaped islands, parking spaces and all circulation aisles except those with no parking spaces or landscaped islands located on either side. See Figure 1, Parking Lot Interior Calculation.
(b) Perimeter Landscaping Requirements. In addition to the requirements of subsections 1296.05
(a) and 1296.05
(c) hereof, perimeter landscaping shall be required along any side of a parking lot that abuts adjoining property that is not a right-of-way. A landscaped strip, which is the depth of the minimum parking setback set forth in this Zoning Code for the district in which the lot is located, except as otherwise regulated in Chapter 1287
, Conditional Use Regulations, shall be located between the parking area and the abutting property lines. One (1) large or two (2), medium or evergreen trees for each forty (40) lineal feet shall be planted in the landscaping strip. However, this does not mean that trees must be located forty (40) feet on center or be spaced forty (40) feet apart. This landscaping strip shall be landscaped open space free of any wall, fence, embankment and/or walkway. Such wall, fence, etc. may exist or be constructed on the edge of such landscape strip. The requirements of this section shall not apply where planting is required for screening pursuant to Section 1296.06
, Buffering and Screening Between Districts and Uses.
(c) Screening Along Public Streets. In addition to the requirements of subsections 1296.05(a) and 1296.05(b) hereof, whenever parking areas consisting of five (5) spaces or more abut or are located within forty (40) feet of a public street, a buffer yard, which is the depth of the minimum parking setback set forth in this Zoning Code for the district in which the lot is located, except as otherwise regulated in Chapter 1287, Conditional Use Regulations, and screening shall be provided and maintained between the parking area and the street right-of-way line. This screening shall be any combination of ornamental fencing or a brick wall and landscaping such that a solid, continuous visual screen is provided, unless additional requirements are mandated elsewhere in this Zoning Code. When landscaping is utilized in combination with ornamental fencing, trees and/or shrubs, such materials shall be adequately spaced to form a solid, continuous visual screen within one (1) year after the initial installation. The requirements of this subsection shall not apply where planting is required for screening pursuant to subsection 1296.06(c)(5).
(1) All shrubs, at the time of planting, berms; walls; and fences shall have a minimum height of three (3) feet, measured from the highest finished grade of the parking area.
(2) Such landscaping and/or screening shall be located parallel to and within five (5) feet of the edge of the parking lot.
(3) Where trees are included in the screening of parking areas, a minimum distance of four (4) feet shall be provided between the edge of pavement or back of curb and tree plantings.
(Ord. 2010-059. Passed 3-7-11; Ord. 2017-061. Passed 11-20-17; Ord. 2018-003. Passed 2-20-18.)
(a) Intent. The intent of this Section is to establish provisions for a visual screen or buffer between incompatible uses and to reduce the effects of glare from automobile headlights, noise, and other objectionable activities conducted on a given lot.
(b) Screening. Screening, as required by the provisions of this Code, shall be of such nature and density that it will screen the activities on the lot from view from the normal level of a first story window on an abutting lot.
(c) When Required. A buffer yard shall be required when:
(1) A lot in any Business or Municipal District abuts a Residence District;
(2) A lot in a Multiple Dwelling Residence District abuts a Single-Family or Two-Family Residence District;
(3) A lot in a Residence District is devoted to a non-residential, conditional use;
(4) Required by the Conditional Use Regulations in Chapter 1287; and,
(5) When any wall of a non-residential building in a Business or Municipal District faces or is across the street from a Residence District, screening shall be installed along the full length of such street frontage. No screening shall be required when the Business or Municipal District lot is either not in use or is used for residential purposes.
(d) Width of Buffer Yard. The width of the buffer yard shall be equal to the applicable parking set back set forth in the applicable zoning district or fifteen (15) feet, whichever is greater.
(e) Location. The buffer yard shall be located entirely within the higher intensity zoning district or use and abutting the zoning district line or lot line of lower intensity use. However, the buffer yard may be placed in the lower intensity zoning district or partially within both zoning districts if both sides of the zoning district line and the entire buffer yard width are within common ownership and a permanent easement is provided over any portion of the buffer yard not within the higher intensity zoning district. 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 controlled by the owners' association.
(f) Buffer Yard Abutting an Adjacent Jurisdiction. When property lines abut an adjacent jurisdiction, the Planning Commission shall determine the specific screening and buffering requirements along that property line after consideration of the zoning designation and or land use of the adjacent property. Requirements shall not exceed those that would be required for similarly situated/zoned property within the City of Fairlawn.
(g) Screening. When the natural vegetation within the required buffer yard does not form a solid, continuous, visual screen or does not have a minimum height of five (5) feet along the entire length of the common boundary at the time of occupancy, except as provided for in subsection (g)(3)B. below, screening shall be installed in compliance with the following:
(1) Screening Materials. Screening design and development shall be compatible with the existing and proposed land use and development character of the surrounding land and structures. Screening within the buffer yard shall consist of one (1) or more or combination thereof of the following:
A. A dense vegetative planting incorporating trees, evergreen trees, ornamental grasses and/or shrubs of a variety which shall be equally effective in winter and summer. Trees and/or shrubs shall be adequately spaced to form a solid, continuous visual screen within one (1) year after the initial installation. At a minimum, at the time of planting, the spacing of trees shall not exceed twelve (12) feet on center, and the planting pattern shall be staggered. Shrubbery shall be more closely spaced.
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 fifteen (15) 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 together with a landscaped area at least fifteen (15) feet wide. A chain link fence shall not be permitted.
D. A landscaped mound or berm with no more than a 2.5:1 slope.
(2) Installation of Screening. Screening shall be continuous and in place at the time of occupancy. If vehicular or pedestrian access through the screen is necessary, the screening function shall be preserved.
(3) Height of Screening. The height of screening shall be in accordance with the following:
A. Visual screening by walls, fences, or mounds in combination with vegetation, fences or walls shall be a minimum of five (5) feet high measured from the natural grade on any adjacent residential lot, except as set forth in subsection B. below.
B. Whenever the required screening is located within a front yard or within twenty- five (25) feet of a parking lot, drive, or driveway entrance, the required screening shall not exceed a height of three (3) feet.
C. When used alone, vegetation shall be a minimum of five (5) feet high, as measured from the natural grade on any adjacent residential lot, in order to accomplish the desired screening effect. The required height shall be achieved no later than one (1) year after the initial installation.
(h) Modifications to Buffering and Screening Requirements. Buffer yards required by this Chapter shall be applied equally to all similarly situated properties. The Planning Commission is empowered to modify the above buffer yard and screening requirements when it determines that:
(1) Natural land characteristics, such as topography or existing vegetation on the proposed building site, would achieve the same intent as this Section.
(2) Innovative landscaping or architectural design is employed on the building site to achieve an equivalent screening and buffering effect.
(3) The required screening and landscaping would be ineffective at maturity due to the proposed topography of the site, and/or the location of the improvements on the site.
(4) The topography of adjacent and surrounding sites is such as to render required screening ineffective at maturity.
(5) It can be clearly demonstrated that it is highly improbable that the abutting property will be developed for residential purposes due to circumstances that have taken place since the adoption of this Code.
(Ord. 2010-059. Passed 3-7-11; Ord. 2017-061. Passed 11-20-17; Ord. 2018-003. Passed 2-20-18.)
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