§ 153.046  SCREENING.
   The intent of these screening requirements shall be to create a screen between zoning districts and other zoning districts or to screen certain uses in order to minimize potential nuisances such as the transmission of noise, dust, odor, litter and glare of lights; to reduce the visual impact of unsightly aspects of adjacent development; to provide for the separation of spaces; and to establish a sense of privacy. Any screening required under this section shall materially screen the subject use between the ground level and the height of the required screening from the view of the adjoining.
   (A)   Screening.  Screening shall be required under the following situations.
      (1)   Between Residential and Nonresidential Districts.  Where an OI, NB, GB, PB or GMC District abuts a Residential (R) District, screening shall be provided on the lot(s) which are located in the OI, NB, GB, PB or GMC District (except a residential use) at the time the lots are developed (except with a residential use) or when any existing and/or accessory structure on the lot is expanded.
      (2)   Between residential and nonresidential uses in the R-O or ROS Districts.  In an R-O or ROS District where a nonresidential use adjoins a residential use, screening shall be provided on the nonresidential use lot, except that screening shall not be required where the adjoining residential use is located in a NB, CB, CBT, GB or GMC District.
      (3)   Multi-family developments.  All multi-family developments shall be screened from all other lots which lie in a Residential (R) District except that screening shall not be required around a multi-family development whose side and rear boundaries abut multi-family development.
      (4)   Open storage and open structures.
         (a)   Within any NB, CB, CBT, GB, PB or GMC District, screening shall be required for the open storage of any goods other than vending machines, retail goods left outside only during business hours, vehicles, trailers, other equipment capable of being driven on a roadway and any fixtures fastened to a building, ground or impervious surface; or for any unenclosed structure consisting of a roof, but no walls used for storage of materials, products, wastes or equipment, whenever the storage or structure is located within 100 feet of the street right-of-way line.
         (b)   Screening shall be placed on the property so as to effectively screen the open storage or structure from the public view from any street right-of-way.
      (5)   Manufactured home parks.  See § 153.202 of this chapter.
      (6)   Planned developments.  See §§ 153.215 through 153.220.
      (7)   Other.  Other situations as specifically listed in the zoning district regulations (§§ 153.105 through 153.122 of this chapter) or in the conditional use regulations (§§ 153.235 through 153.244 of this chapter).
   (B)   Location of screening.
      (1)   (a)   Any screening required by division (A) shall be located along side and/or rear property lines of the lot(s) in question except that screening shall not be required along any street right-of-way unless otherwise stipulated in this chapter.
         (b)   If screening is required along a street right-of-way it shall be located behind the right-of-way and outside the area of the sight triangle (defined in § 153.031 of this chapter).
      (2)   (a)   Whenever an industrial use is located on the opposite side of a street right-of-way from a (R) residential zone, screening shall be installed on the industrial use property along the street right-of-way.
         (b)   An exception to this requirement is made when the street is a special highway as listed in § 153.120 of this chapter because § 153.120(G) sets forth special landscaping along a special highway.
         (c)   For the purposes of this requirement, an industrial use is deemed to be any use that is listed only in the GMC District and not in any other general zoning district (permitted use or conditional use).
   (C)   Specifications for screening.  Screening may be in the form of natural plantings, planted berms, walls or fences. Screening shall be encouraged, however, in the form of natural plantings. Where sufficient room exists to place a screen consisting of natural plantings or maintain an existing screen of natural plantings, the natural plantings shall be used as the required form of screening. Otherwise, screening in the form of a planted berm, wall or fence may be used. The Administrator may approve a combination of natural planting, planted berm, wall or fence, if he or she determines that the spirit and intent of this section are met by the combination. (See this section, this division (C) and division (D) below and note street landscaping requirements in this division.)
      (1)   Natural plantings.
         (a)   Where natural plantings are used, a buffer strip of at least 20 feet in width (ten feet for a nonresidential use in the R-O District) shall be planted. This strip shall be free of all encroachment by structures, parking areas or other impervious surfaces. The amount and type of buffer materials to be planted per 100 linear feet shall be as indicated in Figure A below.
         (b)   All materials planted shall be free from disease, installed in a fashion that ensures the availability of sufficient soil and water to sustain healthy growth, properly guyed or staked and planted in a manner that is not intrusive to utilities and/or pavement and planted in accordance with division (G) below of this section.
      (2)   Walls or fences.
         (a)   Any wall shall be constructed in a durable fashion with a finish surface of brick, stone or other decorative masonry material approved by the Administrator.
         (b)   Fences shall be constructed of wood in a durable fashion and of durable, weather resistant wood fencing materials and of consistent pattern. No wall or fence shall be less than six feet nor greater than eight feet in height above grade. All walls or fences used for screen purposes shall be opaque. Walls and fences shall be constructed in accordance with division (G) of this section.
      (3)   Berms.  All berms shall be planted with both shrubs and ground covers to leave no bare earth. The berm shall be at least three feet in height and contain at least 30 shrubs per 100 linear feet. The shrubs shall be a species that can be expected to materially screen the development site within five years of planting. No slope of a berm shall be steeper than one foot of rise for every three feet in plane.
Figure A
   (D)   Relief to screening requirements.  In the event that the unusual topography or elevation of a development site or the location or size of the parcel to be developed would make strict adherence to the requirements of this section serve no meaningful purpose or would make it physically impossible to install and/or maintain the required screen, the Administrator may alter the requirements of this chapter provided the spirit and intent of the screening requirement as outlined in this section are maintained. An alteration may occur only at the request of the developer, who shall submit a plan to the Administrator showing existing site features that would screen the proposed use and any additional screen materials the developer will plant or construct to screen the proposed use. The Administrator shall have no authority to provide relief unless the developer demonstrates that existing site features and any additional screening materials will screen the proposed use as effectively as the required screen.
   (E)   Areas deficient in screening.
      (1)   All existing uses whether conforming or nonconforming, that have existing junked or inoperable vehicles stored on site, shall be required to install screening within 24 months of the date of adoption of these provisions in accordance with this division.
         (a)   If the use can be viewed from a street, the first 20 feet between the street right-of-way and the use must be screened so that junked or inoperable vehicles cannot be viewed from the street.  If this cannot be done due to lack of space for plantings, an opaque fence six feet in height may be provided in lieu of plantings.
         (b)   If a vehicle storage yard, automotive wrecker service, or junkyard is adjacent to a residential district, a minimum 20-foot landscaped strip shall be provided between the property line and the use.
      (2)   An exception to the requirements of this division may be made where the Administrator determines either:
         (a)   The use has insufficient land to install required screen;
         (b)   The use would be required to utilize land developed for off-street parking for screening; or
         (c)   The use is already screened by existing topography or plant life. In these cases he or she may partially or entirely (as necessary) waive the requirements of this division by allowing less screening, use of alternative materials, existing features or any combination thereof, provided the spirit and intent of this chapter are preserved.
   (F)   Existing screened areas.  In cases where an existing screened area exists, further plantings and or improvements shall not be required provided the screened area is of sufficient width and depth and contains adequate and sufficient materials to meet the requirements of this chapter. If the screened area is deficient, the developer shall make needed improvements and/or additions to satisfy the screening requirements and intent of this chapter.
   (G)   Screen construction and installation maintenance.
      (1)   The plantings, fences, walls or berms that constitute a required screen shall be properly installed and maintained in order for the screen to fulfill the purpose for which it is established. Walls, fences and berms shall be constructed in a durable and attractive fashion in accordance with any applicable codes and generally accepted construction and workmanship practices and meet all specifications herein. Plant species shall be recommended for healthy growth under local climate conditions, not highly prone to disease and be expected to grow in a manner to meet the spirit and intent of this section. Plant materials shall be planted in accordance with generally accepted and recommended planting and growing practices.
      (2)   The owner of the property and any tenant on the property where a screen is required shall be jointly and severally responsible for the maintenance of all screen materials. The maintenance shall include all actions necessary to keep the screened area free of litter and debris, to keep plantings healthy and growth from interfering with safe vehicular or pedestrian travel, or use of parking areas, or from creating any nuisances to adjoining property owners and to keep walls, fences and berms in good repair and neat appearance. Any vegetation that constitutes part of a screen shall be replaced in the event that it dies. All screen materials shall be protected from damage by erosion, motor vehicles or pedestrians.
(Prior UDO, § 5.2)