(a) Establishment. This section establishes the minimum requirements that shall be met in regard to perimeter landscaping for noncompatible land use areas, landscaping for service areas and interior landscaping for businesses, buildings, structures or other new developments of the land, are hereby established.
(b) Perimeter Landscaping Requirements. Unless otherwise provided, landscape materials shall be installed to provide a minimum of 50% winter opacity and 70% summer opacity, between one foot above the finished grade level to the top of the required planting, hedge, fence, wall or earth mound, within four years after installation. The required landscaping shall be provided either in easements in certain zones or adjacent to vehicular use area.
(1) Landscape Buffer Zone. The landscape buffer zone and materials required adjacent to any street, under this chapter, shall be provided by the property owner adjoining the street, unless the authority building the street has fully met all requirements on the street right-of-way. When adjacent to other common boundaries, the landscape buffer zone and materials:
A. May be placed on either adjoining parcel, or astride the boundary, if both are owned and are being processed by the same owner;
B. May be placed astride the boundary of adjoining parcels having different owners if a written agreement, signed by both owners, is filed with the Planning and Zoning Commission and kept as a public record; or
C. Shall not be required along the common boundary if the requirements of this chapter have been fully complied with on the adjoining property.
(2) Buffer Zone Conflicts. The required landscape buffer zone may be combined with a utility or other easement as long as all of the landscape requirements can be provided in addition to, and separate from, any other easement. Cars or other objects shall not overhang or otherwise intrude upon the required landscape buffer zone more than two and one-half feet and wheel stops or curbs shall be required.
(3) Existing Landscape Materials. Existing landscape materials shall be shown on the required plan, and any material in satisfactory condition may be used to satisfy these requirements, in whole or in part, when, in the opinion of Council, such materials meet the requirements and achieve the objectives of this chapter.
(4) Landscaping at Driveway and Street Intersections. To ensure that landscape materials do not constitute a driving hazard, a sight triangle shall be observed at all street intersections or intersections of driveways with streets. Within this sight triangle, no landscape material, except for required grass or ground cover, nor parked vehicles, shall be permitted. Within the sight triangle, trees shall be permitted as long as only the tree trunk is visible between the ground and eight feet above the ground, except during early growth stages, or otherwise does not present a traffic visibility hazard. The sight triangle is defined in divisions (a)(4)A. and (a)(4)B. below and is illustrated in Appendix A, following the text of this Zoning Code.
A. Driveway Intersection Sight Triangle. At intersections of driveways with streets, the sight triangle shall be established by locating the intersection of the street curb with the driveway edge and by measuring, from this point, a distance of ten feet along the driveway to a point and a distance of 20 feet along the street curb to a point and connecting these points.
B. Street Intersection Sight Triangle. At street intersections, the sight triangle shall be formed by measuring at least 35 feet along curb lines and connecting these points.
(c) Interior Landscaping for Vehicular Use Areas. Any open vehicular use area, excluding loading, unloading and storage areas in an industrial zone or business zone, containing more than 6,000 square feet of area or 20 or more vehicular parking spaces, shall provide interior landscaping in addition to the previously required perimeter landscaping. Interior landscaping may be of the peninsular or island type.
(1) Landscape Area. For each 100 square feet, or fraction thereof, of vehicular use area, a minimum total of five square feet of landscaped area shall be provided.
A. Minimum Area. The minimum landscape area permitted shall be 64 square feet with a four-foot minimum dimension to all trees from the edge of the pavement where vehicles overhang.
B. Maximum Contiguous Area. In order to encourage the required landscape area to be properly dispersed, no individual landscape area shall be larger than 350 square feet in size, and no individual area shall be larger than 1,500 square feet in vehicular use areas over 30,000 square feet. In both cases, the least dimension of any required area shall be four feet to all trees from the edge of the pavement where vehicles overhang. Individual landscape areas larger than those prescribed are permitted as long as the additional area is in excess of the required minimum total.
(2) Trees.
A. The following minimums for the planting of trees are required, based upon total ground coverage of structures and vehicular use areas:
1. Up to 20,000 Square Feet. A minimum of one tree per 5,000 square feet of ground coverage and a total tree planting equal to one inch in tree trunk size for every 2,000 square feet of ground coverage;
2. Over 20,000 to 50,000 Square Feet. A minimum of one tree for every 5,000 square feet of ground coverage and a total tree planting equal to ten inches plus one-half inch in tree trunk size for every 2,000 square feet over 20,000 square feet in ground coverage; and
3. Over 50,000 Square Feet. A minimum of one tree for every 5,000 square feet of ground coverage and a total tree planting equal to 25 inches, plus one-half inch in tree trunk size for every 4,000 square feet over 50,000 square feet in ground coverage.
B. Trees shall have a clear trunk of at least five feet above the ground, and the remaining area shall be landscaped with shrubs or ground cover not to exceed two feet in height.
(3) Vehicle Overhang. Parked vehicles may hang over the interior landscaped area no more than two and one-half feet as long as concrete or other wheel stops are provided to ensure no greater overhang or penetration of the landscaped area. See Appendix B.
(d) Dumpsters (Service Structures) Screening. All dumpsters shall be screened on all sides including the gate wherever it is located. Dumpsters may be grouped together. However, screening height requirements shall be based upon the tallest of the dumpsters.
(1) Location of Screening. A continuous (having 100% opacity) planting, hedge or fence, which would enclose any dumpster that must be frequently moved, shall be one foot higher than the height of the enclosed dumpster, but shall not be required to exceed ten feet in height. Whenever a dumpster is located next to a building wall, a perimeter landscaping material or a vehicular use area landscaping material, such wall or screening material may fulfill the screening requirements for that side of the dumpster if such wall or screening material is of an average height sufficient to meet the height requirement set forth in this section. Whenever dumpsters are screened by plant material, such material may count towards the fulfillment of required interior or perimeter landscaping.
(2) Curbs to Protect Screening Material. Whenever screening material is placed around a dumpster which is emptied or removed mechanically on a regularly occurring basis, a curb to contain the placement of the container shall be provided within the screening material on those sides where there is such material. The curbing shall be at least one foot from the material and shall be designed to prevent possible damage to the screening when the dumpster is moved or emptied.
(3) Permitting, Inspection and Acceptance.
A. No dumpster screening may be installed or constructed without first obtaining a permit from the Code Enforcement Officer and the Mayor or his or her designee.
B. A permit filing and a fee shall be collected in accordance with the fee schedule established by the Council and in force on the date the permit filing and review fee is due and payable.
C. All permits expire six months after issuance and are not transferable between owners.
D. Use of service structures and dumpsters shall require the following:
1. The gate must remain closed when not being loaded or unloaded;
2. No trash may be placed beside or on top of the dumpster; and
3. Dumpster enclosures may be locked or unlocked; however, all measures shall be taken to prevent unauthorized dumping or placing of trash near or against dumpster screening.
E. Dumpster screening installation shall be inspected by the Code Enforcement Officer or other designee of the Mayor twice: first, when the post holes have been dug or other screening material location has been laid out and second, at the completion of the screening construction. Only after the Code Enforcement officer or other designee of the Mayor has approved the completed dumpster screening will the Planning and Zoning Commission accept the screening as a permanent improvement on any lot, part of a lot or combination of lots.
(4) Repair. Repair to dumpster screening that requires the replacement of posts or greater than 50% of the screening material requires an accessory structure permit at one half the cost of a new dumpster screening permit.
(e) Variances. Variances to the fence ordinance may be granted by Village Council after recommendation by the Planning and Zoning Commission for conditions of hardship. Application for a variance from the requirements of village ordinances is defined in § 1232.01
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(f) Penalty. Violation or failure to comply with any of the provisions of this section shall be considered a minor misdemeanor punishable per day per occurrence. Nothing herein shall prevent the village from taking corrective action or such other lawful action, including civil actions at law or equity, including temporary restraining orders, preliminary injunctions and permanent injunctions, as is necessary to prevent or remedy any violations.
(Ord. 5-89, passed 5-8-1989; Ord. 04-2017, passed 6-19-2017)