The following regulations shall apply whenever the side or rear line of a lot subject within the Retail or Industrial District adjoins the side or rear line of a lot in a Single Family, Multi Family or Apartment District:
(a) A continuous and obscuring fence, approved by the Chief Building Inspector, six feet in height, measured from the surface of the ground, and a ten-foot wide green belt shall be provided by the owner of the commercial or industrial establishment along those side or rear lines of a lot abutting a Single Family, Multi Family or Apartment District.
(b) A preliminary site development plan shall be prepared showing the proposed location of the fence and proposed landscaping treatment as set forth in subsections (d) and (e) hereof.
(c) Within fifteen days after receiving approval of the site development plan, the proponent of the proposed development shall post a surety bond in an amount as determined by the Director of Law, with the Clerk of Council, indicating that the proponent of the development will have, upon obtaining an occupancy permit, completed construction of the screening devices as set forth in subsection (a) hereof, and failing to do so, that the City shall be paid the principal of the bond as and for liquidating damages for failure to perform. In lieu of posting a surety bond, the proponent of the development may deposit a cash bond in like amount.
(d) The fence required by subsection (a) hereof shall comply with the following provisions:
(1) No fence shall project beyond the minimum front yard building line of the principal buildings or structures as required in a Retail or Industrial District.
(2) All fences shall further comply with the requirements of Chapter 1165 of these Codified Ordinances governing the type, height and permit provisions for fences.
(3) The location of fences shall be subject to the review and approval of the Chief Building Inspector.
(e) Green belts shall be planted in accordance with the spacing and suggested plant material outlined below. Work shall commence and be completed on such planting strip prior to the issuance of an occupancy permit by the Chief Building Inspector, and such planting strip thereafter be maintained by the owner of the retail or industrial establishment with permanent plant material.
(1) Spacing.
A. Plant material shall not be planted closer than four feet from the property line.
B. Where plant materials are planted in two or more rows, plantings shall be staggered.
(2) Suggested plant materials.
A. Evergreen trees:
Hemlock
Pine
Spruce
Fir
B. Tree-like shrubs:
Mountain Ash
Dogwood
Red Bud
Hornbeam
Hawthorne
Flowering Fruit Trees
C. Large deciduous shrubs:
Honeysuckle
Forsythia
Lilac
Buckthorn
Russian Olive
Vibernum
Wiegelia
Cotton Easter
D. Large deciduous trees:
Oak
Birch
Honey Locust
Gum
Sycamore
Hard Maple
Ash
(3) Prohibited plant materials.
A. Box Elder
B. Elms
C. Poplars
D. Willows
(4) The placement of the ten-foot wide green belt in relationship to the location of the fence shall be subject to the review and approval of the Chief Building Inspector.
(Ord. 75-61. Passed 2-2-76; Ord. 2001-37. Passed 7-10-01; Ord. 2012-19. Passed 3-20-12.)