§ 37.01.06. Buffer landscaping.

(A)

Screening, as required by the provisions of this Code, shall be of such nature and density that will screen the activities on the lot from view from the normal level of a first-story window on an abutting lot within five years.

(B)

A decorative fence or screening, or such additional shrubs, hedges, fences and/or walls shall be provided for the purpose of obscuring objectionable features or attractive nuisances such as parking lots, unsightly rear entrances, utility or maintenance structure, loading facilities, swimming pools and recreational areas:

(1)

Between residential and business properties.

(2)

Between residential properties.

(C)

Decorative fences or plantings from six feet in height shall be required to partially screen any parking lot or loading area in any zoning district from any adjoining property or from property located across the street therefrom.

(D)

Screening trash collection areas. Trash and/or garbage collection areas for commercial, multifamily residential and industrial uses shall be enclosed on at least three sides by shrubs and a solid wall, or by a fence and shrubbery fence one foot higher than the highest refuse container in the collection area if such area is not within an enclosed building or structure. Such screening shall be situated so as to screen the view of the collection area from adjacent roads and properties. Such wall screening shall be constructed of wood, brick, decorative concrete, block, stone and shrubs. The shrubs chosen will be of a type, when mature, normally expected to grow to one foot higher than the highest refuse container within five years of planting.

(E)

The shade tree commission is empowered to authorize a deviation from the strict application of any of the above requirements relative to screening if:

(1)

It can be clearly demonstrated that for topographic reasons, a fence, wall, and/or screening as required herein could not possibly screen the activities from view;

(2)

A written request is received from the owners of the abutting residential district property that the screening as required herein should be waived or varied based on stated purposes;

(3)

It can be clearly demonstrated that it is highly improbable that the abutting property will be developed for residential purposes.

(Ord. No. 0-88-09, § I, 7-20-2009)