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(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.)
Screening of accessory uses shall be provided according to the following:
(a) Trash Collection Areas.
(1) Trash and/or garbage collection and service areas shall be enclosed on all sides by a solid wall and a solid gate at least one (1) foot higher than the highest refuse container in the collection area if such area is not within an enclosed building or structure, but in no case shall the wall be less than six (6) feet in height. Such solid wall shall be situated so as to screen the view of the collection area from adjacent roads and properties. Such wall shall be constructed of brick, decorative concrete, split face block, or stone and should be the same as or similar to those utilized on the principal building(s). These enclosures are to be located at least five (5) feet from the property line, unless otherwise specifically regulated in this Code. Supplemental plant materials shall be provided at a minimum height of five (5) feet to effectively screen fifty percent (50%) of the wall.
(2) Screening material placed around any trash and/or garbage collection and service areas, which is regularly emptied or removed mechanically shall be protected to prevent damage to the screening when the container is moved or emptied. Curbing may be required for this purpose and shall be at least one (1) foot from the screening material.
(b) Ground-mounted Mechanical Equipment. Ground mounted mechanical equipment shall be screened with evergreen plant material so that within four (4) years the equipment is completely obscured from view.
(c) Landscaping. No interior landscaping shall be required within an area screened for accessory uses.
(Ord. 2010-059. Passed 3-7-11; Ord. 2017-061. Passed 11- 20-17.)
Areas within the setback and all other portions of the lot not covered by permitted structures or impervious surfaces shall be landscaped with grass, trees, shrubbery and/or other appropriate ground cover or landscaping material, which at all times shall be maintained in good and healthy condition.
(a) Installation.
(1) Each tree at the time of installation shall have a minimum caliper of two and one-half (2.5) inches and a clear trunk height of at least six (6) feet, unless otherwise specified.
(2) When this Chapter permits a small tree, such tree shall have a minimum caliper of two (2) inches and a clear trunk height of at least five (5) feet at the time of installation, unless otherwise specified.
(3) If installation of plantings is not completed in a planting season, then landscaping shall be installed during the next planting season. The Commission may extend this period where a hardship would be created because of material shortages, but the Commission shall not extend such period beyond two (2) years from the time the initial installation was to have been or has been completed.
(4) Shrubs shall be no less than twenty-four (24) inches in height. In cases of spreading varieties of shrubs, the twenty-four (24) inch height figure shall mean branch spread, unless otherwise specified.
(b) Percentage of Lot Landscaped. All of the landscaping requirements set forth herein shall not be less than thirty percent (30%) of the entire development as depicted on the site plan.
(c) Planting Arrangement. Trees and shrubs shall be arranged to create varied and attractive views and plant material should provide a variety of color displayed throughout the year.
(d) Parking. Vehicle parking shall not be permitted in landscaped areas.
(e) Pedestrian Movement. Materials shall not be placed where they will prevent pedestrian movement unless so planted for that or similar purpose.
(f) Damage to Public Works. In no case shall any plant material interfere with or cause damage to underground utility lines, public roadways, or other public works.
(g) Maintenance. The owner of landscaping required by this Code shall maintain such landscaping in good condition so as to present a healthy, neat and orderly appearance, free from refuse and debris. No plant material required by this Zoning Code shall be removed for any reason unless replaced with like kind and size as required by the approved plan. Prior to such removal, a revised landscape plan shall be submitted to the Planning Commission for review and approval per Chapter 1240.
(Ord. 2010-059. Passed 3-7-11; Ord. 2017-061. Passed 11- 20-17.)
(a) Intent and Purpose.
(1) In the normal development of land, it may be unfeasible, unreasonable, or undesirable to require the presence of the minimum amount of open space within a development site. The inclusion of open space requirement alternatives is an approach that allows greater flexibility in how spaces are developed, while still providing the same community benefit that the open space requirements would achieve.
(b) General Open Space Requirements.
(1) Open space shall be considered as the portion of the site that is not devoted to buildings, parking, access, loading or any other paved or hard surface, including sidewalks.
(2) Open space may include retention or detention areas, which shall not account for more than forty percent (40%) of the required open space.
(3) LEED Certified Vegetative Green Roofs may account for no more than ten percent (10%) of open space requirements.
(4) Conservation easements, wetlands, or any water surface shall count toward required open space.
(c) Fee-in-lieu of Open Space.
(1) Mandatory open space minimums may be waived when Planning Commission has adopted a motion establishing a priority for payment in-lieu fees instead of the required open space. Such in-lieu fees may be used for community parks, park improvements, recreational or open space use.
(2) The following requirements shall be met where the Planning Commission has determined that a payment of a fee-in-lieu of open space is permitted.
(3) The in-lieu fees shall be established by motion of Planning Commission as based upon the average value per acre of the total gross site prior to construction or improvements. To calculate this estimate, the total value of the development, as determined by an appraisal, shall be divided by the total gross acreage of the development. The resulting figure shall be the averaged value of the development on a per-acre basis.
A. Calculate the average value per acre of the total gross site prior to construction or improvements.
B. Calculate the total acreage of required open space as applicable.
C. Multiply the value of the value per acre by the total required open-space acreage to obtain the open space fee.
D. The payment of fees-in-lieu of open space shall be collected prior to the issuance of a zoning certificate for each phase of development.
(4) In-lieu fees shall be calculated from Type A open space area requirements as designated within each District chapter.
(5) Fee Allotment.
A. In the event that only a portion of the required open space is met on-site, the remainder of the required open space may be met with a fee-in-lieu as described in this section.
(6) Existing Structures or Redevelopment.
A. If open space requirements are triggered on a property or proposal where the open space requirements are not currently met, the fee-in-lieu may be calculated as a deduction from the existing open space number instead of the full required amount.
B. If a proposal under consideration would increase the available open space on a property that does not currently meet the standards, Planning Commission may waive the remainder of the required open space if the Commission deems the applicant has made a good faith effort at meeting the intent of this section.
(d) Alternative Open Space Types.
(1) Not all open space is the same, and the inclusion of open space alternatives is intended to provide additional flexibility in the development and redevelopment of sites where large amounts of open space may be difficult to achieve. In general, Type A open space types will be passive in nature, requiring less physical improvements but using more space. Type B open space types will have a higher level of improvements, including plantings, hardscaping, and structures, and should be organized in relation to the buildings on site.
(2) Open space requirements shall be met by calculating either Type A or Type B open spaces. Combinations of Type A and Type B shall not be acceptable, unless approved by Planning Commission.
(3) Type A Open Space Types.
A. Passive Greenspace. Natural and semi-natural urban greenspaces including woodlands, urban forestry, scrub, grasslands (e.g., commons and meadows), wetlands, open and running water.
B. Maintained Greenspace. Maintained greenspace, including grass lawn, trees, planting beds, and gardens.
C. Recreational Green. Greens are intended to provide informal, medium scale active or passive recreation for neighborhood residents or employees within walking distance.
D. Greenway. Greenways are intended to provide a combination of informal and well organized, primarily linear open spaces that serve to connect open space types and major destinations within Fairlawn. Portions of greenways may follow and preserve a natural feature, such as a river or stream edge, ravine, or tree row, or man-made features, such as streets. Greenways can be used to define edges of neighborhoods and districts and may be directly adjacent to other open space types.
E. Park. Parks are intended to provide informal active and passive larger-scale recreational amenities to city residents and visitors. Parks have natural plantings and can be created around existing natural features such as water bodies or tree stands. Parks can be used to define edges of neighborhoods and districts.
(4) Type B Open Space Types.
A. Pocket Plaza. Pocket plazas are intended to provide a formal open space of relatively small scale to serve as an impromptu gathering place for civic, social, and commercial purposes. The pocket plaza is designed as a well-defined area of refuge separate from the public sidewalk. These areas contain a greater amount of impervious coverage than other open space types. Seating areas are required and special features, such as fountains and public art installations, are encouraged.
B. Pocket Park. Pocket parks are intended to provide small scale, primarily landscaped active or passive recreation and gathering spaces for neighborhood residents or employees within walking distance. The design and programming of pocket parks should respond to the needs of residents in the immediate vicinity.
C. Square. Squares are intended to provide formal open space of medium scale to serve as a gathering place for civic, social, and commercial purposes. Squares are generally rectilinear and bordered on all sides by a vehicular right-of-way, which together with adjacent building façades define the space. Squares contain both hardscape areas, such as paths, fountains, gazebos, public art, and street furniture, as well as landscaping.
D. Plaza. Plazas are intended to provide formal open space of medium scale to serve as a gathering place for civic, social, and commercial purposes. Plazas are usually located in areas where land uses are more diverse and there is potential for a greater level of pedestrian activity. The plaza may contain a greater amount of impervious coverage than any other open space type. Special features, such as fountains and public art installations, are encouraged.
(5) Open Space Bonus. Up to ten percent (10%) of the required open space, both Type A and Type B, may be met by providing additional amenities as listed below:
A. Container Plantings. May be located throughout the site. Overall number, planter style, and planting plan to be approved by Planning Commission prior to application of bonus.
(Ord. 2017-061. Passed 11-20-2017)
(a) The location of proposed landscaping, fences, or walls required to fulfill the standards and criteria of this Chapter shall be reviewed and approved as part of a site plan pursuant to Chapter 1240.
(b) It is hereby determined necessary to regulate and control landscaping and plantings in, about and around all buildings, except one, two, and three-family dwellings, by providing that cash, a performance bond, or other performance guarantee in an amount equal to one hundred ten (110%) percent of the estimate of a bonafide landscaping contractor shall be deposited with the Director of Finance before a Zoning Certificate may be issued. When the site has been inspected and found in compliance with all of the requirements and conditions of the approved final site plans, the cash, performance bond, or other performance guarantee may be released.
(c) When a fence, wall, or landscaping is proposed at a separate time from any other development for new construction, additions or site renovation, a fence, wall, or landscaping may be approved administratively by the Zoning Administrator when the Zoning Administrator determines that the proposal:
(1) Complies with the requirements of this Chapter and other applicable provisions in this Zoning Code;
(2) Is consistent with any previously approved plan;
(3) Is compatible with the current site development if there is no approved plan; and,
(4) Will have a minimal adverse impact to the surrounding areas.
(Ord. 2010-059. Passed 3-7-11; Ord. 2017-061. Passed 11-20-17.)
(a) The standards and criteria in this Chapter establish the City's objectives and levels of landscaping intensity expected. However, in applying these standards during the development plan review, the Planning Commission may exercise discretion and flexibility with respect to the placement and arrangement of the required elements to assure that the objectives of the district and the proposed development or redevelopment are best satisfied.
(Ord. 2010-059. Passed 3-7-11; Ord. 2017-061. Passed 11-20-17.)