§ 153.204 WALLS.
   (A)   Required walls shall be located on the lot line except where underground utilities interfere and except in instances where this chapter requires conformance with front yard setback lines in abutting residential districts. Upon review of the site plan, the Zoning Board may approve an alternate location for the wall or may waive the wall requirement if in specific cases it would not serve the purposes of screening the parking area effectively. Required walls may, upon approval of the Zoning Board, be located on the opposite side of an alley right-of-way from a nonresidential zone that abuts a residential zone when mutually agreeable to affected property owners. The continuity of the required wall on a given block will be a major consideration of the Zoning Board in reviewing such request.
   (B)   Such walls and screening barrier shall have no openings for vehicular traffic or other purposes, except as otherwise provided in this chapter and except such openings as may be approved by the Chief of Police and the Code Enforcement Officer. All walls herein required shall be constructed of materials approved by the Zoning Enforcement Officer to be durable, weather resistant, rust proof and easily maintained. Wood or wood products shall be specifically excluded.
   (C)   For property maintenance purposes, masonry walls may be constructed with gaps which do not in any section (height and width) exceed 20% of the wall surface. Where walls are so pierced, the openings shall be so spaced as to maintain the obscuring character required and shall not reduce the minimum height requirement. The arrangement of the openings shall be reviewed and approved by the Code Enforcement Officer.
   (D)   In consideration of requests to waive wall requirements between nonresidential and residential districts, the Village Board shall refer the request to the Zoning Board for a determination as to whether or not the residential district is considered to be an area in transition and will become nonresidential in the future.
      (1)   In such cases as the Zoning Board determines the residential district to be a future nonresidential area, the Zoning Board may temporarily waive wall requirements for an initial period not to exceed 12 months.
      (2)   Granting of subsequent waivers shall be permitted, provided that the Zoning Board, shall decide as hereinabove described, for each subsequent waiver prior to the granting of such waiver by the Zoning Board.
   (E)   Required berms shall be constructed as landscaped earth mounds with a crest area at least four feet in width. The exterior face of the berm shall be constructed as an earthen slope. The interior face of the berm may be constructed as an earthen slope, or retained by means of a wall, terrace or other means acceptable to the Code Enforcement Officer. Whenever an earthen slope is provided, it shall be constructed with an incline not to exceed one foot of vertical rise to three feet of horizontal distance.
      (1)   Berm slopes shall be protected from erosion by sodding or seeding. If slopes are seeded, they shall be protected with a straw mulch held in place by jute netting until the seed germinates and a permanent lawn is established. The straw mulch is not required if the seeded slope is protected by a net that is specifically designed to control erosion. The berm area shall be kept free from refuse and debris and shall be planted with shrubs, trees or lawn and shall be maintained in a healthy, growing condition.
      (2)   A planting and grading plan shall be prepared for the berm and shall be reviewed by the Zoning Board. Plant materials within the berm area shall be installed in accordance with the requirements for greenbelts and plant materials contained herein.
(Ord. 18-108, passed 5-7-2018)
Cross-reference:
   Berms; illustration of transition details, see Appendix A, Illustration 13
   Walls; illustration of transition details, see Appendix A, Illustration 12