§ 153.231 GENERAL SCREENING STANDARD.

    Every development shall provide sufficient screening so that:

   (A)   Neighboring properties are shielded from any adverse external effects of that development; and

   (B)   The development is shielded from the negative impacts of adjacent, incompatible land uses.

(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)

§ 153.232 COMPLIANCE WITH SCREENING STANDARD.

   (A)   The table set forth in § 153.234, in conjunction with the explanations in § 153.233 concerning the types of screens, establishes screening requirements that, presumptively, satisfy the general objectives listed in § 153.230 and the standards established in § 153.231.

   (B)   The table of screening requirements set forth in § 153.234 indicates the type of screening that may be required between two land uses. The table lists the site features in a typical development that require screening and bases the screening type required on the location of the site feature on the lot and its distance from the property line. The table provides letter designations that are keyed to the screening types that are described in § 153.233 and gives the minimum width requirements and, in certain cases, the required location for the screening.

(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)

§ 153.233 DESCRIPTIONS OF SCREENS.

   The following three basic types of screens are hereby established and are used as the basis for the table of screening requirements as set forth in § 153.234.

   (A)   Opaque screen, type A. A screen that is opaque from the ground to a height of at least six feet, with intermittent visual obstructions from the opaque portion to a height of at least 20 feet. An opaque screen is intended to exclude completely all visual contact between uses and to create a strong impression of spatial separation. The opaque screen may be composed of a wall, fence, planted earth berm, planted vegetation, existing vegetation or any combination thereof. For every linear 100 feet, or fraction thereof, the screen shall consist of an average of three canopy type trees, each with a minimum caliper of two inches. Said trees in five years shall reach a height of at least 20 feet and shall have an average canopy spread of 15 feet. The opaque portion of the screen must be opaque in all seasons of the year. If shrubbery is used, said shrubbery shall be evergreen plant materials and be spaced to provide a solid screen in two years. If fences or walls are used, said fences or walls shall be masonry, wood, metal or other suitable materials (not to include chain-link fencing) and shall have architectural character and be of substantial materials. A graphic illustration of the sample planting pattern is included in §§ 153.285 through 153.290.

   (B)   Semi-opaque screen, type B. A screen that is opaque from the ground to a height of three feet, with intermittent visual obstruction from above the opaque portion to a height of at least 20 feet. The semi-opaque screen is intended to partially block visual contact between uses and to create a strong impression of the separation of spaces. The semi-opaque screen may be composed of a wall, fence, planted earth berm, planted vegetation, existing vegetation or any combination thereof. For every linear 100 feet, or fraction thereof, the screen shall consist of an average of two canopy type trees, each with a minimum caliper of two inches. Said trees in five years shall reach a height of at least 20 feet and shall have an average canopy spread of 15 feet. The opaque portion of the screen must be opaque in all seasons of the year. If shrubbery is used, said shrubbery shall be evergreen plant materials and be spaced to provide a solid screen in two years. If fences or walls are used, said fences or walls shall be masonry, wood, metal or other suitable materials (not to include chain-link fencing) and shall have architectural character and be of substantial materials. A graphic illustration of a sample planting pattern is included in §§ 153.285 through 153.290.

   (C)   Broken screen, type C. A screen composed of intermittent visual obstructions from the ground to a height of at least 20 feet. The broken screen is intended to create the impression of a separation of spaces without necessarily eliminating visual contact between the spaces. It may be composed of a wall, fence, planted earth berm, planted vegetation, existing vegetation or any combination thereof. For every linear 100 feet, or fraction thereof, the screen may consist of a combination of at least two canopy or ornamental type trees, each having a minimum caliper of at least two inches, and shrubbery three feet in height that covers an average of 20% of the screen area, or five canopy or ornamental type trees, each having a minimum caliper of two inches. A graphic illustration of a sample planting pattern is included in §§ 153.285 through 153.290.

(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)

§ 153.234 TABLE OF SCREENING REQUIREMENTS.

   There is hereby established a table of screening requirements as follows:

Site Feature to be Screened	Screen Type*	Screen Width	Location
Commercial building/parking area/service area 25 feet to 50 feet from property line	B, C	10 feet minimum	Property line with building/optional with other site features
Commercial building/parking area/service area greater than 50 feet from property line	B, C	10 feet minimum	Property line with building/optional with other site features
Commercial building/parking area/service area less than 25 feet from property line	A, C	10 feet minimum	Property line with building/optional with other site features
Industrial building/parking area/service area less than 25 feet from property line	A, C	10 feet minimum	Property line with building/optional with other site features
Industrial building/parking area/service area 25 feet to 50 feet from property line	B, C	10 feet minimum	Property line with building/optional with other site features
Industrial building/parking area/service area greater than 50 feet from property line	B, C	10 feet minimum	Property line with building/optional with other site features
Multi-family building/parking area/service area greater than 50 feet from property line	B, C	10 feet minimum/ length to equal building length, plus 50 feet when dealing with building	Property line with building/optional with other site features
Multi-family building/parking area/service area 25 feet to 50 feet from the property line	B, C	10 feet minimum/ length to equal building length, plus 50 feet when dealing with building	Property line with building/optional with other features
Multi-family building/parking area/service area less than 25 feet from property line	A, C	10 feet minimum/ length to equal building length, plus 50 feet when dealing with building	Property line with building/optional with other features
Separation zone between non-residential developments and street right-of-way	C	10 feet minimum	Property line
Separation zone between industrial and/or commercial developments located along 50 feet of property line perpendicular to street right-of-way line	B	10 feet minimum	Property line
NOTES TO TABLE: *Screen type: A-Opaque screen, B-Semi-opaque screen, C-Broken screen. “A, C” means that a type A opaque screen must be used when the land use abuts a residential land use and a type C broken screen must be used when the land use abuts any other land use (i.e., another industrial, commercial, or multi-family land use). “B, C” means that a type B screen must be used when the land use abuts a residential land use and a type C screen must be used when the land use abuts any other land use. Note: In the case of multi-family, only a type B screen may be used when adjacent to commercial or industrial uses. Graphic illustrations of screening placement are provided in §§ 153.285 through 153.290 of this chapter.

 

(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)

§ 153.235 FLEXIBILITY IN ADMINISTRATION REQUIRED.

   The Board recognizes that because of the wide variety of types of developments and the relationships between them, it is neither possible nor prudent to establish inflexible screening requirements. Therefore, the permit-issuing authority may permit deviations from the presumptive requirements of § 153.234.

(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)

§ 153.236 SPECIAL SCREENING CONSIDERATIONS.

   (A)   Notwithstanding § 153.234, any new development or substantial improvement to a property which occurs within one of the town's established office and institutional districts shall require the installation of a semi-opaque screen on the property when said use abuts a residential use and a broken screen when said use abuts any other land use to provide a visual separation between the new development and adjacent developments. For purposes of this chapter, SUBSTANTIAL IMPROVEMENT shall be defined as any repair, reconstruction or improvement of a structure within any 12-month period, where the cost equals or exceeds 50% of the market value of the structure. A substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor or other alteration affects the external dimensions of the structure. The term does not, however, include any project for improvement of a structure to comply with existing state and local health, sanitary or safety code specifications which are solely necessary to ensure safe living conditions.

   (B)   For purposes of this chapter, zoning setback requirements take precedence over screening requirements.

(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)

TREE PRESERVATION

§ 153.250 STATEMENT OF PURPOSE.

    The purpose of this subchapter is to regulate and control the planting and removal of trees.

(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)

§ 153.251 BOARD FINDINGS AND DECLARATION OF POLICY ON TREE PRESERVATION.

    The Board of Aldermen finds the preservation of trees to be of public interest and recognizes the importance of these resources in achieving the following objectives:

   (A)   To conserve energy and retard storm water runoff while aiding in noise, glare and heat abatement;

   (B)   To safeguard and enhance property values and to protect public and private investment;

   (C)   To contribute to the preservation of an area or site's unique sense of place;

   (D)   To provide visual buffering and enhance town beautification efforts which contribute to the quality of life of a given area; and

   (E)   To prevent the indiscriminate removal of significant trees and facilitate their replacement in certain developments and areas within the town.

(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)