[Ord. No. 1007 §16-229.01, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §415.020), 9-24-2003]
It is the purpose and intent of this Article to improve the well-being of the community by the control of fencing and the requiring of proper screening to enhance visual surroundings by screening out unsightly views and conditions, to increase the quality of living by upgrading conditions within the City of Mission, to protect the residential community by affording a level of privacy and at the same time establishing better scale and controls to the business and commercial areas. It is desirable to encourage combinations of elements of appropriate fencing, land berming and planting barriers and to soften hard transition areas. It is equally desirable to maintain a high degree of traffic safety by proper location of screening and fencing so that safety will remain paramount.
[Ord. No. 1007 §16-229.02, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §415.030), 9-24-2003]
A. 
Screening and fencing is required at the following locations:
1. 
Where Districts "C-O" through "M-1" abut a residentially zoned district, not less than a six (6) feet (6) high solid screen fence or wall will be erected along the abutting rear or side property lines which are common to the property zoned for residential purposes, except that such screening shall not extend in front of the building line or adjacent dwellings. In addition to the fencing, sufficient landscaping, berming and plant material will afford a pleasing and softening variety so that the view is equally pleasant from the non-residential side. Where an equal fence exists on the abutting residential property, it will not be required on this property. Details shall be included in the landscape or construction plans.
2. 
All multi-family residential projects and all commercial, office, industrial or special use projects shall include on the site plan a detailed drawing of enclosure and screening method to be used in connection with trash bins on the property. No trash bin shall be visible from off the property and a permanent masonry or frame enclosure shall be provided and maintained for each such bin.
3. 
In any district where a retaining wall is needed because of abrupt changes in the grade, planting and fencing shall form a protective barrier to prevent loss or injury.
4. 
Around a swimming pool, whether private or public, shall be a protective fenced enclosure not less than five (5) feet high including a locking gate which shall be locked at all times when the facility is unattended.
5. 
Around and about hazardous areas, holes, new construction, etc., whether temporary or permanently necessary to protect against intrusion, for control or to give a degree of privacy or whatever reason, to protect the public from a hazardous situation.
6. 
Where it is deemed necessary as a solution to a problem by the Planning Commission or Governing Body.
7. 
All roof-mounted mechanical equipment shall be screened on all sides to the extent that such equipment will not be seen from adjacent property or street at normal eye level. Such a screen shall be of a material that harmonizes with the building.
[Ord. No. 1007 §16-229.03, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §415.040), 9-24-2003; Ord. No. 1260 §3, 5-21-2008]
Post and rail fencing or other such decorative fencing may be built to a height of three (3) feet in the front yard or side yard abutting a street. (Also see Section 415.010(D) Site Distance on Corner Lots.) The maximum height of a fence in the rear yard of a lot zoned residential shall be six (6) feet. The smooth side of the fence must face the neighboring property. Installation of electric, barbed wire razor ribbon, barbed wire or other similar fences shall be prohibited in all zoning districts. Barbed wire assemblages atop fences shall be prohibited in residential zoning districts. In the interest of safety, every attempt shall be made to eliminate blind corners near all drive and street intersections. Nothing shall discourage or prohibit the landscaping, planting or screening of other areas that are not hazardous to traffic.
[Ord. No. 1007 §16-229.04, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §415.050), 9-24-2003]
A. 
It is expected that the owners of fences will maintain and keep them in good repair at all times. Fences and screening approved on zoning plans and construction plans are elements of the project in the same manner as parking and other details are elements of the plan.
B. 
The developer, his/her successor and/or subsequent owners and their agents shall be responsible for the continued maintenance.
C. 
Should fencing and screening not be installed, maintained and replaced as needed to comply with the approved plan, the owner and his/her agent or agents shall be considered unlawful and in violation of the terms of the building or occupancy permit. The Building Official or his/her designee is empowered to enforce the terms of this Title.