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(a) Plant Material. All required buffers, screens, berms and green belts shall comply with the following standards in addition to all other applicable requirements of this section:
(1) All plant materials shall be hardy to Lorain County and free of disease and insects.
(2) Landscaped areas shall be maintained in a neat, healthy and orderly condition following accepted horticultural practices. Withered, dying and/or dead plants and trees shall be replaced within a reasonable period of time, but not longer than one (1) growing season.
(3) Artificial plant material shall not be used within any required landscaped area. This shall not preclude the use of stone, shredded bark, wood chips, pine needles or similar accent materials within planting beds.
(4) All plant material, screens and berms shall be installed in such a manner as not to alter drainage patterns or to obstruct vision for safety of ingress or egress.
(5) All plant material shall be planted in a manner as to not cause damage to utility lines (above and below ground) and public roadways.
(6) Existing plant material which complies with the standards and intent of this ordinance and the provisions of this section may be credited toward meeting the landscape requirements. Scrub, dying, diseased, or prohibited trees and shrubs shall be removed and shall not be counted toward any requirement of this section.
(7) The overall landscape plan shall not contain more than thirty-three percent (33%) of any one plant species, unless determined to be appropriate by the reviewing authority.
Table 1147.03, Minimum Size Requirements | |
Plant Type | Minimum Size |
Deciduous canopy tree | 2.5 inch caliper |
Deciduous ornamental tree | 2.5 inch caliper |
Evergreen tree | 7 feet in height |
Deciduous shrub | 24 inches in height |
Upright evergreen shrub | 24 inches in height |
Spreading evergreen shrub | 24 inch spread |
(8) Plant material shall conform to the standards found in the American Standard for Nursery Stock (ANSI Z60.1 - 2014) published by American Hort and conform to the minimum plant sizes at time of planting listed in Table 1147.03, unless a greater requirement is specified elsewhere in this Ordinance. Larger sizes may be required by the reviewing authority, if determined to be necessary to maintain a natural appearance and achieve the intended purpose of the buffer, green belt or screen based on the size of the development, its location and/or the character of the surrounding area.
(9) Landscaping shall be installed prior to issuance of a certificate of zoning compliance, unless the owner demonstrates that weather conditions or unforeseen circumstances beyond his/her control prevented the installation. In such case, the Zoning Administrator may issue a conditional certificate of zoning compliance provided that a specific time limit, not to exceed 180 days, is established for completing the landscaping.
(b) Berms.
(1) Berms shall have a minimum height of three (3) feet and maximum height of six (6) feet above grade. The crest shall gently curve with a level crown at least two (2) feet wide.
(2) Berms shall be constructed to maintain a side slope not to exceed a one (1) foot rise to a three (3) foot run ratio. When topography or other site conditions prevent construction of berms at this ratio, the reviewing authority may permit retaining walls or terracing. If a berm is constructed with a retaining wall or by terracing, the earthen slope shall face the exterior of the site.
(3) Berms shall be designed to vary in height and shape to create a more natural appearance.
(4) Berm areas not containing planting beds shall be covered with grass or other living ground cover maintained in a healthy condition.
(5) Required plant material shall be placed on the top and side slope facing the adjacent property.
(c) Screen Walls and Fences.
(1) All required plant material shall be on the exterior side of the screen wall or fence.
(2) The wall or fence may be constructed with openings that do not exceed twenty percent (20%) of the wall surface. While the opening may allow passage of air, it shall not reduce the obscuring effect of the wall or fence.
(3) When a screen wall or fence has both a finished face and an unfinished face, the finished face shall be installed so that it is directed toward the exterior side of the development site, or the side which will be most visible to the general public, as determined by the reviewing authority.
(4) Screen walls or fences shall be constructed so as to not alter drainage patterns on-site or on adjacent properties.
(Ord. 4-21. Passed 1-4-21.)
(a) Green Belt.
(1) Requirement. Green belts shall be provided along any frontage abutting a public right-of-way in a business or industrial district or if the property is to be developed for a non-residential, attached single-family or multiple-family use in a residential district. Except for necessary driveways, frontage roads, service drives or walkways, a green belt shall extend the full length of the lot line. A green belt shall not be required in the B-3, Downtown Business District.
(2) Green Belt Standards.
A. The minimum depth of the green belt shall be as follows:
i. Business Districts: equal to the zoning district's required setback along any street or twenty (20) feet, whichever is less
ii. Industrial Districts: twenty (20) feet
iii. Non-residential uses in Residential Districts: twenty-five (25) feet
iv. Attached single-family and multiple-family developments: twenty-five (25) feet
B. At a minimum, a required green belt shall be landscaped in accordance with the following:
i. One (1) canopy tree plus one (1) additional canopy or ornamental tree for each seventy-five (75) feet, or fraction thereof, of road frontage; and
ii. Six (6) shrubs per each fifty (50) feet, or fraction thereof, of road frontage.
C. Existing trees located within the required green belt shall be counted toward meeting the minimum requirements of this section; provided, they are indigenous to Lorain County and are in a healthy condition, as determined by the zoning administrator. Other existing trees within the required green belt may be counted toward the minimum requirements of this section if approved by the reviewing authority.
D. Healthy and viable existing trees within a proposed green belt shall be preserved unless their removal is shown, to the satisfaction of the reviewing authority, to be infeasible due to existing site characteristics, necessary grading, location of future site improvements or other similar conditions that make their preservation unreasonable or undesirable. Financial hardship or development expediency shall not be considered valid rationale for such tree removal.
E. If berms are appropriately incorporated into the green belt, the reviewing authority may reduce the required quantities of plant material by up to one-third (1/3) where it is determined that the purpose of the green belt will still be achieved.
F. Green belt landscaping need not be evenly spaced. Clustering of trees and planting beds is encouraged to provide a more aesthetic and natural appearance.
G. Landscaping shall be located so it does not obstruct the vision of drivers entering or exiting a site.
H. Storm water management facilities may only be located within a required green belt if the reviewing authority determines that such areas will enhance the appearance of the green belt and will not jeopardize either the survival of plant material or public safety.
(b) Buffers.
(1) Requirement. Landscaping shall be provided to buffer the negative impacts between incompatible land uses, to minimize the adverse effects of certain activities upon their surroundings and to improve the appearance of intensive uses within the community.
(2) Buffer Zone Standards. Buffer zones shall be required along the property line between adjacent lots as specified in Table 1147.04-1 and defined in Table 1147.04-2. A buffer zone shall be required even where the adjacent property is unimproved.
A. Prior to changing the use of a property to a more intense land use (for example, residential to commercial), or when a property is rezoned to a more intense district, a buffer zone meeting the applicable requirements of this section shall be installed.
B. All areas of the buffer zone outside of planting beds shall be planted with grass or other living ground cover or preserved in a natural wooded state.
C. Storm water management facilities may be located within a required buffer zone provided they do not reduce the screening effect.
(3) Buffer Zone Exceptions. A buffer zone shall not apply where the reviewing authority determines that existing natural conditions are such that a lot cannot reasonably accommodate a required buffer or, where existing natural conditions on the lot act as a suitable buffer. Alternatively, where the reviewing authority determines that a vegetative buffer is inappropriate for a lot, they may require the installation of a fence or wall to meet the buffer requirements. The following factors shall be considered when evaluating any request for exception:
A. Physical characteristics of the site and surrounding area such as topography, vegetation, water features, etc;
B. Views and noise levels;
C. Proximity or potential proximity to residential uses;
D. Building and parking lot placement; and
E. Location of outdoor storage, display, or sales areas.
(c) Screening.
(1) Requirement. Screening shall be required as follows, except as may be provided elsewhere in this chapter. Screening shall be required even where the adjacent property is unimproved.
A. Around all trash dumpsters in all districts.
B. Around designated outdoor storage areas.
C. Around any loading/unloading area visible from an adjoining street or parking area located on adjoining property.
D. Around heating and cooling units for all non-residential uses.
E. Around essential public services and related accessory structures.
(2) Screening Standards. Except as otherwise permitted by this section, a required screen shall be comprised of a solid, sight-obscuring fence or wall meeting the requirements in Section 1141.08 of this Ordinance and also the following minimum specifications:
A. The screen shall be at least six (6) feet in height.
B. The screen shall be enclosed on all sides and not contain any openings other than a gate for access which shall be closed at all times when not in use. This full enclosure requirement, however, shall not apply to screening of loading/unloading areas.
C. The screen shall be constructed of masonry, treated wood or other approved material determined to be durable, weather resistant, rust proof and easily maintained. Chain link, split rail, and metal fences shall not be permitted to meet the screening requirement.
D. When a screen wall or fence has both a finished side and an unfinished side, the finished side shall face the adjoining property or, if on the interior of the site, shall face outward toward the perimeter of the site.
E. If approved, the required screen may be comprised of berms or plant material, in combination with or as a substitute for a fence or wall when it is determined that the alternate solution will provide the same degree or better of opacity and screening required by this section.
(3) Screening Exceptions. If existing conditions are such that a lot cannot accommodate the screening standards above, the reviewing authority may modify the screening requirements based on the following factors:
A. Distance from existing or future residential uses;
B. Sight lines from parking areas, adjacent properties or roadways;
C. Noise levels generated by the facility to be screened; and
D. Physical characteristics of the site and surrounding area such as topography and vegetation that may mitigate the need for screening.
(Ord. 4-21. Passed 1-4-21.)
(a) Certificate of Completion for Non-Residential, Attached Single-Family and Multi-Family.
(1) Final Inspection. The Zoning Administrator shall make a final inspection of trees and landscaping for completeness prior to issuance of the certificate of completion. The installed plantings shall match the approved plan.
(2) Tree and Landscape Performance Bond.
A. In the event of continued construction, weather, plant availability or other delay, approved by the Zoning Administrator, which reasonably prevents the installation of all or a portion of the required landscaping, the owner shall post a performance bond to assure completion. The bond shall be equal to one hundred twenty-five percent (125%) of the approved estimate for tree and/or landscape installation which cannot be planted. The bond shall be posted with the City of Lorain. A deadline for completion of work shall be scheduled with the city but in no case shall be more than six (6) months from the date a certificate of completion is issued for the project.
B. The Zoning Administrator shall make a final inspection of the trees and landscaping at the scheduled completion of work. If work has been completed, the tree and landscape performance bond shall be refunded. If the landscaping is not complete at the scheduled deadline, the performance bond shall be withheld based upon the amount of work incomplete and the city, at its sole discretion, may cause the work to be completed and paid for with the bond.
(b) Common Areas Regulated.
(1) From the effective date of this Ordinance, all trees required by this chapter to be planted, preserved or protected in all common areas or other public facilities in every development subject to the provisions of this chapter shall be maintained for a period of three (3) years after the date of certification of completion by the developer, property owners association, owner or similar entity holding title to those properties.
(2) Responsibility for that maintenance shall commence on the date the improvements required by this chapter are certified as completed and continue, as provided above, for a period of three (3) years.
(3) The initial responsibility of such maintenance shall be upon the developer, and shall remain upon the developer until the sooner of the time that the developer passes legal title to the owner or a property owner's association, or similar association, or the end of the maintenance period, whichever occurs first. However, if the developer retains any control, including voting control, in or over the association, the developer's maintenance responsibility shall continue until the developer fully surrenders such control to the association or the end of the maintenance period, whichever occurs first.
(4) Should the developer both pass the legal title to the common areas and surrender control of any property owner's or similar association prior to the end of the maintenance period, as provided in subsection (c) above, the owner or property owner's or similar association, as the case may be, shall assume full responsibility for the maintenance of the improvements on the common areas for the entire balance of the maintenance period.
(5) Every developer responsible for any maintenance under this chapter shall, on or before December 31 of each calendar year, file with the Zoning Administrator, a statement for each development, setting out the ownership status of the common areas of such development, and for those developments where a property owner's association, or similar association, is to hold title to the common areas. The statement shall declare, under penalty of perjury, that the developer has or has not surrendered control, including voting control, of such association.
(Ord. 4-21. Passed 1-4-21.)