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The purpose of this chapter is to provide minimum standards involving the development of land to:
(A) Provide attractive views from roads and adjacent properties;
(B) To screen from view visually undesirable uses;
(C) To require screening between incompatible land uses; and
(D) To protect the health, safety and welfare of the community through the reduction of noise, air and visual pollution, and artificial light glare.
(Ord. 2003-51, passed 5-20-03)
(A) This chapter shall apply to new property development and any collective substantial expansion or change in land use, except for single family dwellings and two family dwellings (duplexes). Substantial expansion or modification of the existing structures shall be defined based on the criteria established below:
When Existing Structure is.... | A Substantial Expansion is... |
0 - 1,000 Sq. Ft. | 50% or Greater |
1,001 - 10,000 Sq. Ft. | 40% or Greater |
10,001 - 25,000 Sq. Ft. | 30% or Greater |
25,001 - 50,000 Sq. Ft. | 20% or Greater |
50,001 Sq. Ft. and larger | 10% or Greater |
(B) Buffer areas shall only be required along side and rear property lines as established in § 1276.09. Buffer areas shall not be required along street frontage or along other rights-of-way unless required by the Building Commissioner.
(Ord. 2003-51, passed 5-20-03)
(A) Submission of buffering plans shall be as follows:
(1) No site or development plan required under this zoning code shall receive final approval unless a buffering plan has been submitted and approved.
(2) No zoning permit or certificate of occupancy shall be issued unless such plan has been fully implemented on the site.
(3) Any property or site to which this chapter applies shall illustrate all proposed buffers including the proposed landscaping materials on a site plan or on a separate buffer plan at a reasonable scale.
(4) All plans submitted shall include a table listing the existing plant materials within the buffer area. This table shall include the common and botanical names, sizes and other such information as necessary to fully describe the plant material selection.
(5) Detailed cross sections shall be provided identifying the proper planting of trees, shrubs and ground cover within the buffer areas.
(B) Approval of buffering plans shall be as follows:
(1) Buffer plans including the information as identified in division (A) of this section shall be submitted to the Building Commissioner for review as part of the application for a zoning certificate.
(2) The Building Commissioner shall review the information and approve, deny, or approve with modifications the plans as submitted.
(3) The Building Commissioner may seek professional advice from a landscape architect or licensed nurseryman in the review of the submitted plans. The cost of such consultation may be passed on to the applicant.
(Ord. 2003-51, passed 5-20-03)
(A) New development, changes of use or substantially expanded structures shall provide buffer areas as provided in § 1276.09. Existing vegetation shall be preserved, as much as feasiblely possible, in accordance to acceptable nursery industry procedures.
(B) The following items are suitable for screening use individually or in combination with each other provided they create a dense screen, subject to review and approval by the Building Commissioner. Nursery stock identification tags shall not be removed from any planting prior to inspection and approval of final installation by the city.
(1) Walls and fences.
(a) When walls or fences are used to fulfill screening requirements, they shall be detailed on the plan. They are to be constructed of weatherproof materials. This includes pressure treating or painting of lumber if it is not redwood or cedar and using aluminum or galvanized hardware. Chain link fences with or without wooden or synthetic slat material shall not be permitted when used to satisfy buffering requirements.
(b) Any wall or fence used for buffering shall be constructed so that the finished, or most visually appealing side of the wall or fence, is facing the adjacent property.
(2) Plants. Plant materials used in conformance with the provision of this chapter shall conform to the standards of the American Association of Nurserymen and shall have passed any inspection required under state regulations. Trees shall be balled and burlapped or in containers. Shrubs, vines and ground covers can be planted as bare root as well as balled and burlapped or containers. All trees shall be measured from the top of the root ball to the top of the tree mass.
(a) Deciduous trees. Deciduous trees shall have a minimum caliper of at least two and one-half inches with a single central leader, for large and medium trees, conforming to acceptable nursery industry procedures at the time of planting. If deciduous trees are to be used for screening purposes, additional materials listed in this section must be used to create a dense buffer.
(b) Evergreen trees. Evergreen trees shall be a minimum of six feet in height at the time of planting and shall be unsheared, full and branched to the ground. Evergreen plantings shall be designed to provide an effective, dense screen within four years of planting. It is recommended that evergreen trees be planted no further than ten feet on center to assure an effective buffer.
(c) Shrubs and hedges. Shrubs and hedges shall be at least 36 inches in height at the time of planting. All shrubs and hedges shall be designed to provide an effective, dense screen and mature height of at least five feet within four years after the date of the final approval of each planting. The height at installation of the planting shall be measured from the level of the surface of the plant base at the edge closest to the screening.
(d) Grass or ground cover. Grass shall be planted in species normally grown as permanent lawns in Hamilton County. In swales or other areas subject to erosion, solid sod, erosion reducing net, or suitable mulch and temporary seeding shall be used for immediate protection until complete coverage otherwise is achieved. Grass sod shall be clean and free of weeds and noxious pests or diseases. Grass shall be sown or placed in any area not landscaped or paved. Ground cover shall be planted in such a manner as to provide 75% complete coverage after two growing seasons.
(e) Earth mounds. Earth mounds may be used as physical barriers which block or screen a view. Differences in elevation between areas requiring screening does not constitute an earth mound. Earth mounds shall be constructed of earthen materials and shall conform to the following standards:
1. The maximum side slope shall be three horizontal to one vertical and the design shall be reviewed by the Building Commissioner to ensure that proper erosion prevention and control practices have been utilized.
2. Berms and earth mounds shall be designed with physical variations in height and alignment throughout their length.
3. Landscape plant material installed on berms and earth mounds shall be arranged in an irregular pattern to accentuate the physical variation and achieve a natural appearance.
4. The landscape plan shall show sufficient detail, including a plan and profile of the berm or earth mound, soil types and construction techniques to demonstrate compliance with the above provisions.
5. Berms and earth mounds shall be located and designed to minimize the disturbance to existing trees located on the site or adjacent thereto.
6. No part of any berm or earth mound which is elevated more than 30 inches above natural grade shall be located within ten feet of any right-of-way or property line.
7. Adequate ground cover shall be used and maintained to prevent erosion of the earth mound.
(3) Maintenance of buffer areas and landscaping.
(a) All landscaping materials shall be installed and maintained according to accepted nursery industry procedures. The owner of the property shall be responsible for the continued maintenance of all buffer and landscaping materials, and shall keep them in a proper, neat and orderly appearance, free from refuse and debris at all times. All unhealthy or dead plant material shall be replaced within one year, or by the next planting period, whichever comes first, by plant material similar in size and type to that which was removed. The owner or developer must show a proof of maintenance plan which indicates how the established buffer areas and landscaping will be maintained.
(b) Violation of these installation and maintenance provisions shall be a violation of this zoning code under Chapter 1299.
(4) Buffer establishment. Once a buffer has been approved by the Building Commissioner and established by the owner, it may not be used, disturbed or altered for any purpose.
(5) Location of buffer. A required buffer area may be erected in the required yard as established by this zoning code.
(Ord. 2003-51, passed 5-20-03)
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