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All landscaping required by this subchapter shall be installed prior to the issuance of a final certificate of occupancy for the use on the real estate. If seasons, weather conditions, or other conditions beyond the applicant’s control create a situation which is not appropriate for the installation of landscaping immediately prior to the issuance of a final certificate of occupancy, the Zoning Administrator may issue a temporary certificate of occupancy pending the installation of landscaping required by this subchapter not later than 3 months after the start of the next planting season after the use of the real estate is commenced. The start of planting seasons shall be March 15 and August 15 of each year.
(Ord. 1221, § 8.01(g), passed 1-26-2010)
(A) The owner shall be responsible for the replacement of any required planting which is removed or dies after the date of planting. The replacement shall occur within 3 months after the start of the next planting season.
(Ord. 1221, § 8.01(h), passed 1-26-2010)
The Zoning Administrator, upon request by an applicant, shall have the authority to approve an alternate landscape plan prepared in accordance with the following requirements:
(A) Redistribution of plant materials. The Zoning Administrator may approve a redistribution of plant materials required for perimeter yard landscaping to other locations on the lot, or, a redistribution of plant materials required for a foundation landscaping area to other locations on the lot. The Zoning Administrator shall not have the authority to modify the landscape requirements of this subchapter pertaining to required residential bufferyards.
(B) Credit for preservation of existing trees and vegetation. In order to encourage the preservation of existing trees and vegetation, the Zoning Administrator may approve a preservation landscape plan which utilizes the designation of 1 or more “Tree Save Areas” in lieu of new plantings within a required yard, a required residential bufferyard, a required foundation landscaping area, or an interior parking area island. The preservation landscape plan shall:
(1) Demonstrate that sufficient trees or vegetation shall be preserved to equal or exceed the level of screening required by the basic provisions of this subchapter; and
(2) Provide that, in the event trees designated for saving in the “Tree Save Area” are damaged or die within 3 years of completion of construction on the site, replacement trees shall be planted in the designated “Tree Save Area” sufficient to provide landscaping which is, at a minimum, equivalent to the minimum requirements of this subchapter for new plantings.
(C) Alternatives for front yard, side yard, and rear yards in all Commercial/Town Center Districts, Industrial Districts, Residential Districts for multifamily dwellings and along a limited access highway. In order to provide flexibility and creativity in landscape designs, the Zoning Administrator may approve the following plant substitutions in a required front yard, side yard, or rear yard.
(1) Hedge plants or shrubs may be substituted for a maximum of 25% of the required number of shade trees (rounded down to the nearest whole number) at a rate of 10 hedge plants or shrubs for each shade tree so replaced.
(2) Hedge plants or shrubs may be substituted for a maximum of 25% of the required number of ornamental trees (rounded down to the nearest whole number) at a rate of 6 hedge plants or shrubs for each ornamental tree so replaced.
(3) Evergreen trees may be substituted for ornamental trees at a rate of 1 evergreen tree for each ornamental tree so replaced.
(4) Evergreen trees may be substituted for shade trees at a rate of 3 evergreen trees for every 2 shade trees so replaced.
(5) Ornamental trees and shade trees may be substituted with each other at a rate of 3 ornamental trees for every 2 shade trees.
(6) Evergreen trees (narrow spread) may be substituted for evergreen trees at a rate of 3 evergreen trees (narrow spread) for each evergreen tree.
(D) Residential bufferyard landscaping alternatives. In order to provide flexibility and creativity in landscape designs, the Zoning Administrator may approve the following plant substitutions in a residential bufferyard.
(1) Hedge plants or shrubs may be substituted for a maximum of 10% of the required number of evergreen trees (rounded down to the nearest whole number) at a rate of 10 hedge plants or shrubs for each evergreen tree so replaced.
(2) Ornamental trees may be substituted for a maximum of 10% of the required number of evergreen trees (rounded down to the nearest whole number) at a rate of 1 ornamental tree for each evergreen tree so replaced.
(3) Shade trees may be substituted for a maximum of 10% of the required number of evergreen trees (rounded down to the nearest whole number) at a rate of 1 shade tree for each evergreen tree so replaced.
(4) Evergreen trees (narrow spread) may be substituted for a maximum of 10% of the required number of evergreen trees (rounded down to the nearest whole number) at a rate of 4 evergreen trees (narrow spread) for each evergreen tree.
(5) In no case shall the total combined percentage of hedge plants or shrubs, shade trees, ornamental trees, or evergreen trees (narrow spread) which are substituted for evergreen trees exceed 25%.
(E) Foundation landscape alternatives. In order to provide flexibility and creativity in landscape designs, the Zoning Administrator may approve a foundation landscape plan which includes any combination of shade trees, ornamental trees, evergreen trees, or hedge plants/shrubs, provided that the total amount of plant materials along the building remains proportional to the base requirements of § 152.188(B).
(F) Parking area screening alternatives. In order to provide flexibility and creativity in landscape designs, the Zoning Administrator may approve a parking area screening plan which includes hedge plants or shrubs in combination with an ornamental or decorative fence, a masonry wall, or an earthen berm, provided that:
(1) Between a front building line and a front lot line:
(a) The ornamental or decorative fence or masonry wall is not less than 24 inches in height nor more than 36 inches in height, with an open space percentage equal to or less than 70%; or
(b) The earthen berm is not less than 24 inches in height nor more than 36 inches in height; or
(2) Between a side building line and any required side residential bufferyard or between a rear building line and any required rear residential bufferyard:
(a) The ornamental or decorative fence or masonry wall is not less than 3 feet in height nor more than:
1. Six feet in height if the open space of the fence is less than 20%; or
2. Ten feet in if the open space of the fence is 20% or greater; or
(b) The earthen berm has a minimum height of not less than 4 feet and a maximum height not to exceed 10 feet; and
(3) The total number of shrubs/hedge plants shall not be reduced by more than 50% of the number of shrubs/hedge plants required in § 152.190, above.
(G) Fence, wall, or berm alternatives. In order to provide flexibility and creativity in landscape designs, the Zoning Administrator may approve a fence, wall, or berm installed in compliance with the following regulations as a substitute for up to 50% of the number of shade trees, ornamental trees or evergreen trees required to be installed in a perimeter yard or residential bufferyard pursuant to § 152.187.
(1) Fence or wall in a front yard or front residential bufferyard. An ornamental, decorative fence or masonry wall may be used in conjunction with the landscaping required in a front yard, front residential bufferyard, or in a Residential District for a special exception use, provided the fence or wall used in a front yard shall:
(a) Maintain a minimum height of 3 feet with a maximum open space of 20%;
(b) Not exceed 3 feet in height if the open space of the fence is less than 20%; or
(c) Not exceed 4 feet in height if the open space of the fence is less than 50% but greater than 20%.
(2) Fence or wall in a side yard, rear yard, side residential bufferyard, rear residential bufferyard, or in Residential Districts for special exception uses. An ornamental, decorative fence or masonry wall may be used in conjunction with the landscaping in a required side yard, rear yard, side residential bufferyard, rear residential bufferyard or in a Residential District for a special exception use, provided the fence or wall shall not exceed:
(a) Maintain a minimum height of 6 feet with a maximum open space of 20%;
(b) Six feet in height if the open space of the fence is less than 20%; and/or
(c) Ten feet in height in any Commercial/Town Center District or Industrial District if the open space of the fence is less than 50% but greater than 20% or greater.
(3) Berm regulations.
(a) Berm in a front yard or front residential bufferyard. An undulating earthen berm, may be used in conjunction with the landscaping required in a front yard, front residential bufferyard or in a Residential District for a special exception use, provided the berm shall have a maximum height not to exceed:
1. Residential District or Commercial/Town Center District: 3 feet; or
2. Industrial District: 6 feet.
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(b) Berm in a side yard, rear yard, side residential bufferyard, or rear residential bufferyard. An undulating earthen berm may be used in conjunction with the landscaping in a required side yard, rear yard, side residential bufferyard, rear residential bufferyard, or in a Residential District for a special exception use, provided the berm shall have a minimum height of not less than 4 feet and a maximum height not to exceed 10 feet.
(c) Construction of berm. A berm utilized as a landscaping element shall be constructed in accordance with the following regulations:
1. Each berm shall have a minimum crown width of 2 feet;
2. Each berm shall have a side slope of not greater than 3 feet horizontal to 1 foot vertical (3:1);
3. Each berm shall be planted and covered with live vegetation; and
4. A retaining wall may be used on the side of the berm facing away from the public right-of-way or away from the side lot line or rear lot line.
(d) General regulations for a fence, wall, or berm. A fence, wall, or berm may be used as an element of a landscape plan subject to the following regulations.
1. Location of fence, wall, or berm. A fence, wall, or berm shall be located in such a manner as to not interfere with any regulations of clear sight area requirements in § 152.020.
2. Design of fence, wall, or berm. A fence, wall, or berm shall be designed to not interfere with any walkway or pedestrian/bikeway system serving the site.
(H) Interior landscape island design alternatives. The Zoning Administrator may approve a design in which the area devoted to individual interior landscape islands may be aggregated into 1 or more larger landscape islands. When aggregated into 1 or more larger landscape islands, such larger landscape islands shall, at a minimum, include the number of trees and area of landscaping as required for individual interior landscape islands, and shall function to: preserve existing trees; create boulevard treatments; create landscape features; create common open space areas for passive recreational activities; or define vehicular and pedestrian traffic patterns.
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(I) Appeals. If the Zoning Administrator disapproves of a proposed alternative landscape plan, the applicant may, within 5 business days, appeal the Zoning Administrator’s decision by filing an administrative appeal with the Board of Zoning Appeals, stating the reasons and justification for the appeal. The petition shall be filed consistent with the provisions of § 152.367 and any applicable Rules of Procedure.
(Ord. 1221, § 8.01(i), passed 1-26-2010)
LIGHTING REGULATIONS
The lighting regulations contained in this subchapter are intended to provide for the erection, design, or placement of outdoor light fixtures which: provide for illumination levels on individual lots which are adequate for the safe and efficient movement of individuals or vehicles to and from a lot and within a lot (i.e., areas that are dangerous if unlit, such as stairs, intersections, or changes in grade); are designed to protect against the spillover of light onto abutting properties which may negatively impact occupants of abutting properties; and are designed to protect against objectionable glare onto public rights-of-way which may impair the vision of motorists.
(Ord. 1221, Art. 8.02, passed 1-26-2010)
All outdoor light fixtures on a lot shall comply with the following regulations:
(A) Applicability. The lighting regulations contained in this subchapter, unless specifically stated otherwise, are applicable only to any: Residential District for a multifamily project or any special exception use; Commercial/Town Center District; Industrial District; Planned Unit Development District; or special use district contained in this chapter.
(B) Minimum setback. Notwithstanding anything in this chapter to the contrary for the “Use of Minimum Yards” or “Use of Minimum Yards and Residential Bufferyards” for any district, a freestanding outdoor light fixture may be located within a required front yard, side yard, rear yard, front residential bufferyard, side residential bufferyard, or rear residential bufferyard, provided that the freestanding outdoor light fixture is located adjacent to the interior edge of the yard or residential bufferyard and adjacent to a permitted driveway, parking area, interior access drive, interior access driveway, or other outdoor use area requiring illumination.
(C) Lighting standards. Outdoor light fixtures shall comply with the standards set forth in Table 152.211: Lighting Standards.
(D) Mounting of fixtures (except in Industrial Districts). Full cutoff, cutoff and semi-cutoff outdoor light fixtures shall be mounted parallel to the ground and shall utilize a rigid mounting arm with no built-in uptilt and no adjustment feature.
(E) Height of fixtures. All outdoor light fixtures used to illuminate a particular area on a lot (i.e., a parking area; a loading area; or an entry way, sidewalk or walkway areas) shall, within those areas, be of uniform size, design, and height.
District | Type of Fixture | Maximum Combined Height of Pole and Base | Maximum Wattage |
All districts | Non-cutoff
(1) | 20 ft. | 100 |
Semi-cutoff | 30 ft. | 400 | |
Cutoff | 35 ft. | 400 | |
Full cutoff | 40 ft. | 1,000 | |
(1) Non-cutoff outdoor light fixtures shall be limited to locations along walkways, driveways, interior access drives, interior access driveways and outdoor seating areas. |
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(F) Power supply. Outdoor light fixtures located on light poles shall be provided power by underground wiring.
(G) Wall pack lights. Wall pack outdoor light fixtures shall be subject to the following regulations:
(1) Except in Industrial Districts, wall pack outdoor light fixtures located on a front or side elevations of a building or structure shall be full cutoff.
(2) In all Commercial/Town Center or Industrial Districts, wall pack outdoor light fixtures oriented toward a residential bufferyard and an abutting Residential District shall be full cutoff.
(3) Low intensity (i.e., 100 watts or less), architectural style wall pack outdoor light fixtures (which may be cutoff, semi-cutoff, or non-cutoff) may be used to accent architectural elements of the building or structure or to illuminate entrance areas.
(H) Vehicular canopy light fixtures. Outdoor light fixtures located under a vehicular canopy of drive-through structures (e.g., gasoline service station canopies, bank drive-through canopies, and the like) shall be full cutoff fixtures with a maximum intensity of 400 watts.
(I) Awning and canopy lighting. Awnings and canopies used for building accents over doors, windows, walkways, and the like, may be internally illuminated or back-lit (i.e., lit from underneath or behind); provided, however, that the primary material is opaque and that translucent material is limited to the actual text or logo of the sign, if any, incorporated into the awning or canopy.
(J) Glare on public right-of-way. Flag and statue lights, architectural lights, floodlights, or sign lighting shall be so directed and shielded that the light element is not visible from any point along an adjacent public right-of-way.
(K) Floodlights. Outdoor light fixtures equipped with floodlights may only be permitted on a lot as follows:
(1) Floodlights shall be focused on the primary building or the area of the lot located between the floodlight and the primary building; or
(2) Floodlights shall be shielded to the extent that the main beam from the luminaire is not visible from or causes any glare onto adjacent properties or rights-of-way.
(L) Lighting plans. The following information, at a minimum, shall be provided for all lighting plans submitted in connection with an application for an improvement location permit:
(1) A site plan which includes the outline of buildings, structures, and other improvements (e.g., parking areas, loading areas, interior access drives, and the like) on the lot and the location of all outdoor light fixtures; and
(2) A description of the outdoor light fixtures, including but not limited to manufacturer’s or electric utility catalog specifications sheets, drawings, or photometric report, which indicate:
(a) The outdoor light fixture classification (e.g., cutoff, semi-cutoff, full cutoff, or non-cutoff);
(b) Mounting height of freestanding outdoor light fixtures; and
(c) Wattage proposed for each outdoor light fixture.
(Ord. 1221, § 8.02(a), passed 1-26-2010)
Notwithstanding anything in this subchapter to the contrary, the following special regulations shall apply to sport and athletic field lights. Freestanding outdoor light fixtures for sport and athletic fields:
(A) Shall not exceed 110 feet in height above grade; and
(B) Shall be of a type and manufacturer that offers a spill and glare control package and shall be fitted with the manufacturer’s spill and glare control package.
(Ord. 1221, § 8.02(b), passed 1-26-2010)
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