1268.29   SCREENING.
   (a)   General Requirements. Screening, as described in this section, shall be required whenever nonresidential uses in RO-1 and C-1 districts abut residentially-zoned districts. Such screening shall be required whenever a new nonresidential use is established, an existing nonresidential use is expanded, or an existing nonresidential use is changed to another nonresidential use, unless screening already exists that conforms to ordinance requirements.
   (b)   Coordination with Section 1268.28. Screening fence and wall requirements in this section supersede comparable requirements in Section 1268.28, because fences and walls regulated in this section are intended primarily to provide a visual barrier, whereas fences and walls regulated by Section 1268.28 are intended primarily for enclosure or as an aesthetic feature.
   (c)   Screening Requirements and Options.
      (1)   Required screening shall be provided along the entire length of the nonresidential property that abuts the residential property.
      (2)   Required screening shall be located on the nonresidential property.
      (3)   Required screening shall be maintained in perpetuity by the property owner or his or her designee. Maintenance shall include replacement of dead or diseased plant material.
      (4)   An applicant may select one of the following screening options, or a combination thereof, subject to Village Council approval, upon receiving a recommendation from the Planning Commission:
            A.   A “living fence,” consisting of trees, shrubs, or hedges, with a minimum height of four and one-half feet.
            B.   A wooden fence, consisting of cedar, treated wood, or a material similar in appearance to wood, with a minimum height of four and one-half feet and a maximum height of six and one-half feet. Stockade fences are not permitted.
            C.   A masonry wall, consisting of stone or having face brick, with a minimum height of four and one-half feet and a maximum height of six and one-half feet.
   (d)   Specifications. Proposed screening shall be shown on a site plan or landscape plan in sufficient detail and at an appropriate scale to allow evaluation by the Planning Commission and Village Council. Specifications required for each screening option follow.
      (1)   Living Fence. The plan shall identity each proposed plant by common and scientific name. A schedule shall be provided on the plan that indicates the total number of each plant, spacing, and size at time of planting. Plants shall be chosen that can be reasonably expected to form a visual barrier having minimum opacity of 80% at least four and one-half feet above ground level within two years of planting.
      (2)   Wooden Fence. The plan shall specify the type of wood to be used, the style of fence, the proposed color or shade of stain, dimensions, and construction details (e. g., depth and method of anchoring posts). To form a visual barrier, a fence style shall be selected that provides as near to 100% opacity as possible. Fences shall have a finished appearance on both sides. However, a fence that is has a finished appearance on only one side may be permitted provided landscaping is provided to screen the side that does not have a finished appearance.
      (3)   Masonry Wall. The plan shall indicate brick color, cap design and material, dimensions, and construction details.
   (e)   Approval Options.
      (1)   Site Plan Review. If the proposed screening is part of a development that requires site plan review, then the screening shall be considered in conjunction with the overall site plan, and therefore shall require review by the Planning Commission and approval by the Village Council.
      (2)   Independent of Site Plan Review. If screening is proposed but site plan review is not otherwise required, then only Planning Commission approval shall be necessary.
      (3)   Option to Waive or Modify Requirements. The Village Council, upon receiving a recommendation from the Planning Commission, may waive or modify the screening requirements in this section upon making one or more of the following findings:
         A.   Existing natural vegetation or plantings on the nonresidential parcel already provide sufficient screening.
         B.   The areas, buildings, or uses to be screened are at least 200 feet from the nearest residential district.
         C.   Because of the juxtaposition of existing and/or proposed buildings, screening would provide no discernible benefit.
         D.   Because of aesthetic qualities of buildings or uses on the nonresidential parcel it is reasonable to waive or modify screening requirements.
   (f)   Penalty. All violations of this section shall be municipal civil infractions and upon a determination of responsibility therefor shall be punishable by a civil fine of not more than five hundred dollars ($500.00).
(Ord. 101. Passed 2-20-70; Ord. 2013-03. Passed 5-13-13.)