[Ord. No. 4190, 2-1-2021]
A. The purpose of this Article is to ensure that landscaping, screening,
and fencing is provided to:
1.
Protect and enhance the visual appeal of the City of Lake Saint
Louis;
2.
Contribute to high-quality development;
4.
Buffer potentially incompatible neighboring land uses;
5.
Mitigate the environmental and visual impacts of surface parking
areas; and
[Ord. No. 4190, 2-1-2021]
A. Section
425.030,
Required Landscaping, Section
425.040,
General Landscaping Standards, and Section
425.050,
Installation, shall apply to the following:
1.
The construction of new principal structures; and
2.
Activities which require approval of a site plan (Section
405.160).
B. All other sections shall apply to all land uses unless otherwise
exempted by this Article.
C. Modification Of Existing Landscaping, Screening Or Fencing.
1.
Any landscaping, screening or fencing provided before the effective
date of this Code shall not be permanently modified, removed or reduced
in a way that would bring the property out of conformance with this
Article or would increase the degree of any existing nonconformity.
2.
The modification of any existing required landscaping, screening or fencing shall be reviewed in accordance with Section
405.080(D),
Amendments To Approved Applications.
[Ord. No. 4190, 2-1-2021]
A. The standards of this Article may be waived or modified through one
(1) of the following procedures, except where an alternative procedure
is specified in this Article:
3.
Zoning Map amendment (Section
405.100) to planned unit development (Section
415.130).
[Ord. No. 4190, 2-1-2021]
A. Street Trees.
1.
A minimum of one (1) street tree is required for every forty
(40) feet of public or private street frontage.
2.
Trees shall be planted along all streets, public or private,
in the right-of-way or within five (5) feet of the right-of-way, applied
consistently throughout a single subdivision or development.
3.
Trees may be clustered, as opposed to being spaced evenly.
B. Building Foundation Landscaping.
1.
Building foundations on all facades fronting a public or private
street shall be landscaped in accordance with the following:
a.
Multi-Unit, Mixed-Use And Nonresidential Uses.
(1) A minimum of one (1) shrub is required for every
ten (10) feet of exterior foundation wall fronting a public or private
street.
b.
Detached Houses, Duplexes, And Townhouses.
(1) A minimum of one (1) shrub is required for every
five (5) feet of exterior foundation wall fronting a public or private
street.
2.
A mix of evergreen and deciduous shrubs shall be provided.
4.
Shrubs shall be set back a minimum of three (3) feet from the
building foundation.
C. Parking Lot Perimeter Landscaping.
1.
Parking lots located within the required front building setback
shall be landscaped along adjoining streets for an equal and uniform
width of ten (10) feet except for permitted entrance drives.
2.
Landscaping in these areas shall contain a continuous planting
of shrubs and one (1) tree for every sixty (60) linear feet of frontage.
3.
Trees along the perimeter may be grouped to allow flexibility
in design and to open up lines of sight.
4.
Masonry walls and/or berms at a minimum height of thirty (30)
inches are encouraged.
D. Parking Lot Interior Landscaping.
1.
A minimum of one (1) tree and one hundred (100) square feet
of landscaped planting area is required for every ten (10) parking
spaces.
2.
The required landscape planting area and trees shall be located
in islands or peninsulas within the parking lot itself. Trees and
landscaping located along the perimeter of the parking lot do not
count towards this requirement.
3.
The landscaped planting area minimum dimension in any direction
shall be six (6) feet.
4.
Trees planted in landscape planting areas shall be situated
a minimum of three (3) feet from any curb.
5.
The configuration of the landscaped planting areas and the spacing
of trees shall be arranged to maximize the amount of shaded areas
within parking lots.
E. Landscape Buffering Between Zoning Districts.
1.
Landscape buffers shall be located along the perimeter of sites
to buffer more intense uses and to design effective transitions between
land uses.
2.
Table 425.030.E.1, Landscape Buffer Requirements, establishes
when landscape buffers are required and what type of landscape buffers
are required. The types of buffers are labeled A, B and C, and are
further described in Table 425.030.E.2, Landscape Buffer Minimum Standards.
Table 425.030.E.1
Landscape Buffer Requirements
|
---|
Zoning Districts
|
RR
|
R1
|
R2
|
R3
|
R4
|
R5
|
R6
|
MU
|
Nonresidential Uses in Residential Zoning Districts
|
CO
|
C1
|
C2
|
LI
|
PA
|
---|
RR
|
|
|
|
|
|
A
|
A
|
B
|
B
|
B
|
B
|
B
|
C
|
B
|
R1
|
|
|
|
|
|
A
|
A
|
B
|
B
|
B
|
B
|
B
|
C
|
B
|
R2
|
|
|
|
|
|
A
|
A
|
B
|
B
|
B
|
B
|
B
|
C
|
B
|
R3
|
|
|
|
|
|
A
|
A
|
B
|
B
|
B
|
B
|
B
|
C
|
B
|
R4
|
|
|
|
|
|
A
|
A
|
B
|
B
|
B
|
B
|
B
|
C
|
B
|
R5
|
A
|
A
|
A
|
A
|
A
|
|
|
B
|
B
|
B
|
B
|
B
|
C
|
B
|
R6
|
A
|
A
|
A
|
A
|
A
|
|
|
B
|
B
|
B
|
B
|
B
|
C
|
B
|
MU
|
B
|
B
|
B
|
B
|
B
|
B
|
B
|
|
|
|
|
|
C
|
|
CO
|
B
|
B
|
B
|
B
|
B
|
B
|
B
|
|
|
|
|
|
C
|
|
C1
|
B
|
B
|
B
|
B
|
B
|
B
|
B
|
|
|
|
|
|
C
|
|
C2
|
B
|
B
|
B
|
B
|
B
|
B
|
B
|
|
|
|
|
|
C
|
|
LI
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
|
C
|
PA
|
B
|
B
|
B
|
B
|
B
|
B
|
B
|
|
|
|
|
|
C
|
|
Table 425.030.E.2
Landscape Buffer Minimum Standards
|
---|
Standard
|
A
|
B
|
C
|
---|
Width (feet)
|
25
|
25
|
25
|
Canopy trees (per 100 linear feet)
|
2
|
2
|
2
|
Evergreen trees (per 100 linear feet)
|
2
|
2
|
1
|
Understory trees (per 100 linear feet)
|
3
|
3
|
3
|
Shrubs (per 100 linear feet)
|
20
|
20
|
25
|
Six-foot site-proof fence or landscape berm
|
Not required
|
Required (either)
|
Required (either)
|
[Ord. No. 4190, 2-1-2021]
A. General.
1.
Except for areas with native vegetation cover and wooded areas,
any part of a site not used for building coverage, parking areas,
driveways, sidewalks, or other site improvements shall be landscaped
or planted with turf grass.
2.
Existing landscaping may be used to satisfy the landscaping
requirements of this Article.
B. Plant Selection.
1.
Plants shall comply with recommendations and requirements of
ANSI Z60/1 - 2004 "American Standard for Nursery Stock." All plants
shall be healthy and vigorous stock suitable for the climate zone
within the City, grown in a recognized nursery in accordance with
good horticultural practice and free of disease, insects, eggs, larvae
and defects such as knots, sunscald, injuries, abrasions, or disfigurement.
2.
To reduce the risk of disease and/or insect infestation, no
more than twenty-five percent (25%) of the proposed trees in any individual
development or subdivision may be of one (1) species.
3.
Tree species shall be selected from the City's recommended tree
list.
C. Minimum Planting Sizes.
Table 425.040.C
Minimum Planting Sizes
|
---|
Plant Type
|
Minimum Planting Size
|
---|
Deciduous tree, large or medium
|
3-inch caliper
|
Deciduous tree, ornamental
|
3-inch caliper
|
Evergreen tree, large or medium
|
8 feet tall
|
Evergreen tree, small
|
6 feet tall
|
Shrubs
|
2 feet tall and 18 inches wide
|
[Ord. No. 4190, 2-1-2021]
A. All landscape materials shall be installed according to current accepted
good planting practices and in compliance with all applicable ordinances
and Code requirements.
B. Plant materials must be free from diseases and installed in a manner
that ensures the availability of sufficient soil and water to sustain
healthy growth.
C. Irrigation systems for all areas of turf, trees, shrubs, annual gardens
or perennial gardens are required in the mixed-use and nonresidential
zoning districts and must be shown on the landscape plan. All irrigation
systems must be maintained in proper working condition.
D. No certificates of occupancy or similar authorization will be issued
unless the required landscaping is completely installed in compliance
with the approved landscape plan and this Article. A temporary certificate
of occupancy may be issued for a building prior to completion of the
required landscaping in accordance with the following:
1.
The applicant shall submit a financial guarantee to guarantee
completion of the required landscaping.
2.
Required financial guarantees may be in the form of cash, letter
of credit or surety bond.
3.
The amount of the financial guarantee shall be equal to the
estimated cost for completion of the required landscaping, as determined
by a qualified landscaper.
4.
A nonrefundable fee established by the Community Development
Director for the establishment of the cash performance bond and for
final inspection shall be charged and will be payable at the time
that the financial guarantee is posted.
5.
The financial guarantee shall be refunded upon completion of
all required landscaping and the issuance of a certificate of occupancy.
E. Replacement of dead or diseased plant material shall be of equivalent
species or material, as specified in the approved landscape plan.
Replacement shall occur at the time of removal or, if necessary, the
next planting season. In any event, replacement shall occur within
one (1) year from the time of removal.
[Ord. No. 4190, 2-1-2021]
A. All landscaping material must be maintained in good condition as
to present a healthy, neat and orderly appearance and must be kept
free from refuse and debris.
B. Street trees shall be maintained by the adjoining property owner.
If there is not an adjoining private property, then the street trees
shall be maintained by the City.
C. All work on public and private trees will be consistent with American
National Standard Institute A300, Standard Practices for Woody Plant
Maintenance.
D. Persons or firms engaged in the business or occupation of pruning, treating or removing any tree over twelve (12) inches DBH in the private community forest and public community forest, including street trees, park trees or other public owned trees, must obtain a business license in accordance with Chapter
605,
Business Licenses, Permits
And Miscellaneous Business Regulations, of the Municipal
Code. A minimum of one (1) person within the firm shall be recognized
by the International Society of Arboriculture as a certified arborist
or tree worker.
E. Public Nuisance On Private Property.
1.
It shall be unlawful for the owner of any lot or parcel of ground
in the City to maintain or allow to stand upon such lot or parcel
of ground any tree or tree limb which, due to a diseased, decayed
or hazardous condition or for any other reason, endangers or is likely
to injure any person in and upon City-owned property. Such a condition
shall be considered a public nuisance on private property.
2.
It shall be the duty of the owner of any lot or parcel of ground in the City to properly cause such trees or tree limbs as are described in Subsection
(E)(1) to be cut down, and no tree or tree limb in the City which has been cut down or which has fallen or been broken down shall be permitted to remain in or upon any City-owned property.
3.
Should any person owning real property fail to prune, remove
or treat trees as herein above provided, the Community Development
Director shall order such person to so prune, remove or treat such
trees. The order shall be personally served on or mailed via first-class
mail to both the occupant of the property at the property and the
owner at the last known address of the owner, if not the same.
4.
The property owner has the right to appeal the notice to prune, remove or treat in accordance with Section
405.240,
Appeal
of Administrative Enforcement. The property owner may present
any evidence or exhibits to support his/her position that the tree
does not need to be pruned or removed or that the cost of the order
is excessive. If the Board of Adjustment should uphold the order,
the property owner has an additional ten (10) days from the Board's
decision to complete the required pruning, removal or treatment.
5.
When a person to whom an order is directed shall fail to comply
within the specified time, it shall be lawful for the municipality
to prune, remove or treat such trees, and the exact cost thereof shall
be assessed to the owner as provided by law in the case of special
assessments.
[Ord. No. 4190, 2-1-2021]
A. Applicability.
1.
Existing trees subject to this Section shall not be removed
or disturbed unless approved by the City in accordance with this Section.
2.
The following tree removal activities are subject to this Section:
a.
Minor Tree Removal.
(1) Removal of trees located in a tree preservation
area depicted on an approved Tree Preservation Plan (TPP).
(2) Removal of landmark trees.
(3) Removal of trees greater than four (4) inches DBH
on nonresidential or mixed-use properties and located within one hundred
(100) feet of Lake Saint Louis or Lake Saint Louise.
b.
Major Tree Removal.
(1) Removal of ten thousand (10,000) square feet or
more of tree canopy coverage within a five-year period on a single
property three (3) acres or larger in size.
3.
Exceptions.
a.
The following activities are permitted without prior approval
from the City:
(1) The removal of diseased or dead trees and trees
which have been declared a public nuisance.
(2) Raising the canopy of any individual tree up to
one-third (1/3) the height of the tree.
(3) Vista tree pruning per ANSI standards.
B. Minor Tree Removal.
1.
A tree protection plan (TPP) and tree stand delineation (TSD)
are not required.
2.
If the tree removal request is associated with a development
proposal, it shall be submitted, reviewed and acted on concurrently
with the applicable development application.
3.
If the tree removal request is not associated with a development
application, it shall be approved by the Director of Parks and Recreation
or Community Development Director if one (1) of the following is met:
a.
The property owner's property or personal safety is compromised
by the tree.
b.
The tree is under stress and the City Arborist determines that
it will soon die.
c.
The tree is not located in a tree preservation area and the
property owner wants to make property improvements that are allowed
in the zoning district and that require the removal of the tree.
4.
Requests for minor tree removal that are denied may be appealed in accordance with Section
405.240,
Appeal of Administrative
Enforcement.
C. Major Tree Removal.
1.
Procedure.
a.
A tree protection plan (TPP) and tree stand delineation (TSD)
are required.
b.
The tree protection plan (TPP) shall include the following:
(1) Limits of disturbance line beyond which no grading
will occur.
(2) Table stating the existing and proposed tree canopy
coverage.
(3) Existing and proposed contours along with the location
of all improvements (structures, drives, lots, utility lines, etc).
(4) Tree preservation area and a description of all
features available to identify it on the site (fencing, etc.).
(5) Trees twelve (12) inches in diameter and greater
that are located within the tree preservation area and that are within
fifty (50) feet of the limit of disturbance line shall be shown on
the map and details about measures taken to protect them (if any)
shall be described.
(6) Individual trees that are to be protected shall
be shown on the map and tree protection measures for each shall be
described.
(7) The tree preservation area shall be shown on the
record plat.
c.
If the tree removal request is associated with a development
proposal, it shall be submitted, reviewed and acted on concurrently
with the applicable development application.
d.
If the tree removal request is not associated with a development
proposal, it shall require approval of a major site plan.
2.
Tree Removal Limits.
a.
No more than seventy percent (70%) of the total tree canopy
coverage on any development site may be removed or destroyed, except
as follows:
(1) Up to one hundred percent (100%) of the total tree
canopy coverage on any development site may be removed or destroyed
when the owner can provide evidence of extreme topography, uniqueness,
unusual lot shape or similar circumstances which results in an inability
to provide tree preservation.
(2) In such cases, new trees shall be planted in addition
to other trees required by this Article, so that the combined remaining
and proposed tree canopy coverage on the development site equals thirty
percent (30%) or more. For the purposes of these calculations, the
tree canopy coverage potential as specified in Table 425.070.C.2 shall
be used for proposed trees:
Table 425.070.C.2
Tree Canopy Coverage Potential
|
---|
Tree Group
|
Tree Canopy Coverage Potential
(square feet)
|
---|
Deciduous-large
|
750
|
Deciduous-medium
|
500
|
Deciduous-columnar/small/ ornamental
|
250
|
Evergreen-large
|
500
|
Evergreen-medium
|
250
|
(3) A mitigation planting plan shall be submitted that
shows the location, size, species, and tree canopy coverage potential
of trees that are to be planted on-site.
(4) If spatial limitations prohibit the ability to
replant all required trees on the site, the City may accept a plan
to plant the additional trees on a City-owned site or the City may
accept a payment into an established tree bank for use by the City
to plant or maintain public trees in the future. The payment will
equal the reasonable cost to plant the required trees.
b.
Trees within one hundred (100) feet of natural watercourses
or water bodies shall be protected. An exception will be granted if
the only access to the site is through the natural watercourses or
water body. These trees will take precedence over all other trees
on the tract for protection.
3.
Tree Protection Measures.
a.
Prior to the commencement of any tree removal or grading on
any property protected under this Article, the certified tree arborist
having prepared the tree stand delineation study (TSD) and the tree
preservation plan (TPP) for the subject property shall:
(1) Mark on the property, with construction fencing
or other appropriate barricade, the limits of disturbance beyond which
no grading will occur as such limits are identified on the approved
TPP; and
(2) Implement on the ground any and all other measures
called for on the approved TPP.
b.
As necessary and as determined by the City of Lake Saint Louis,
the certified tree arborist, having prepared the tree stand delineation
study (TSD) and the tree preservation plan (TPP) for the property
in question, will be responsible for the maintenance of required protection
measures throughout the construction of the project until a certificate
of occupancy or other final permit is issued.
4.
Tree Replacement.
a.
Financial Guarantee.
(1) The developer shall post a financial guarantee
for the benefit of the City to account for trees that die, or are
damaged beyond repair, as a result of grading or construction damage
within a two-year period after the issuance of final occupancy permits.
(2) The required financial guarantee may be in the
form of cash, letter of credit or surety bond.
(3) The amount of the required financial guarantee
shall be in the amount of two thousand dollars ($2,000.00) for each
acre of the tree preservation area or ten thousand dollars ($10,000.00),
whichever is greater.
b.
Prior To Occupancy.
(1) Prior to issuing any occupancy permits, should
any preserved tree die or become damaged as a result of grading or
construction, the developer will pay a nonrefundable assessment equal
to the value of the trees that die, are damaged or are removed.
(2) The value of the trees will be determined using
the International Society of Arboriculture's methodology of tree appraisal.
(3) The City will withhold any occupancy permits until
the assessment is paid.
c.
Post Occupancy.
(1) Within a two-year period after the occupancy permit
is issued, the developer shall replace protected trees that die or
are damaged beyond repair, as a result of grading or construction
damage, as determined by a certified arborist.
(2) The number of replacement trees is determined by
matching the combined caliper of trees to be planted with the diameter
(DBH) of trees that were lost.
(3) Failure to plant the required replacement trees
shall constitute default, and the City shall be entitled to proceed
against the financial guarantee.
(4) If spatial limitations prohibit the ability to
replant all required trees on the site, the City may accept a plan
to plant the additional trees on a City-owned site or the City may
accept a payment into an established tree bank for use by the City
to plant or maintain public trees in the future. The payment will
equal the reasonable cost to plant the required trees.
[Ord. No. 4190, 2-1-2021; Ord. No. 4325, 12-20-2021]
A. It shall be unlawful for any person who owns, manages or occupies
any premises within the City to allow trees, shrubs, plants or other
vegetation to be planted or allowed to grow in such a manner as to
materially obstruct motorist line of sight accessing street right-
of-way from private driveways. private streets or alleys. and public
streets.
B. The sight distance criteria as adopted in or by the
Engineering
and Plan Preparation Manual for Public Facilities (
Title V, Appendix A)
shall be used for determining the required line of sight.
C. Any tree, shrub, plant or other vegetation that overhangs and/or
protrudes on any street or right-of-way shall be properly pruned or
cut back so that it shall not obstruct in any manner, either in its
operation or maintenance, any traffic control device, street sign,
traffic sign or streetlight, nor obstruct the view or passage on any
street, sidewalk or bike path.
D. Street
tree limbs shall be pruned to fourteen (14) feet or more in height
above the road elevation.
[Ord. No. 4190, 2-1-2021]
A. It shall be unlawful for any person to damage, cut, kill or remove
any tree in violation of this Article or maintain or allow to stand
upon a lot or parcel any tree or tree limb which, due to a diseased,
decayed or hazardous condition or for any other reason, endangers
or is likely to injure any person in and upon City-owned property,
or cause damage to City-owned property, including but not limited
to public streets, public sidewalks and City parks. Any violator shall,
upon conviction, be punished by a fine up to five hundred dollars
($500.00) or the maximum allowable under state law.
B. It shall be unlawful for any person to interfere with a City employee
engaged in or about the planting, cultivating, mulching, pruning,
spraying or removing any trees in the public community forest. Such
violations are punishable by a fine of not more than five hundred
dollars ($500.00).
C. Fines for removing a residential landmark tree without prior approval
shall be decided by the Municipal Judge and not exceed five hundred
dollars ($500.00) per offense. At the discretion of the Municipal
Judge, the imposed fine may be to replace the landmark tree with another
tree of the same species as the landmark tree, and said fine shall
purchase the replacement tree and be planted by the violator. If the
City determines it is not feasible to plant a replacement tree on
the site of the violation, the Municipal Judge may order the replacement
tree to be planted on City property. In this event, City park employees
will plant the tree.
D. Fines for engaging in the business or occupation of pruning, treating
or removing any public or private tree within the City without a business
license shall be five hundred dollars ($500.00) per offense and shall
double for the second separate offense.
E. Tree topping by any persons or firms engaged in the business or occupation
of pruning, treating or removing any public or private tree is unlawful
and punishable by a fine of five hundred dollars ($500.00) per offense.
[Ord. No. 4190, 2-1-2021]
A. The following items shall be screened from public view or be located
so as not to be visible from any public or private street, Lake Saint
Louis, or Lake Saint Louise:
1.
Electrical and mechanical equipment, such as transformers, air
conditioners, or communication equipment and antennas, whether ground-,
wall- or roof-mounted.
3.
Permanent or temporary outdoor storage areas.
4.
Solid waste containers in accordance with Chapter
235,
Solid Waste, of the Municipal Code.
B. Acceptable screening includes dense evergreen vegetation, a decorative
opaque fence or wall complementing the architectural details and materials
of the building, architectural features of the building, or a combination
of these.
[Ord. No. 4190, 2-1-2021]
A. Applicability.
1.
This Section shall apply to all fences with the following exceptions:
a.
Decorative fences less than eighteen (18) inches in height.
b.
Guardrails required by the Building Code.
B. All Fences.
1.
Fences are permitted as specified in Table 425.110.B, Summary
of Fence Standards.
[Ord. No. 4658, 6-17-2024]
Table 425.110.B
Summary of Fence Standards
|
---|
Permitted Sites
|
Fence Location
|
Enclosed Area, Maximum
|
Height, Maximum
(feet)
|
Setback, Minimum
(feet)
|
Openness, Minimum
|
Permitted Materials
|
Additional Standards
|
---|
Agricultural uses in the RR Zoning District
|
Front, rear and side yards
|
No maximum
|
6
|
50 (front)
|
66%
|
Wood, metal, masonry, vinyl, PVC, or similar
Electric, barbed or ribbon wire or similar
|
|
Mixed-use and nonresidential uses
|
Rear and side yards
|
No maximum
|
8
|
No minimum
|
No minimum
|
Wood, metal, masonry, vinyl, PVC, or similar
Chain-link prefinished in black, brown or green
|
|
Residential uses
|
Rear and side yards enclosing a pool
|
4 times the pool surface area
|
6 (4 minimum)
|
4 (rear and side)
|
66%; 4 inches minimum between pickets
|
Wood, metal, masonry, vinyl, PVC, or similar
|
|
Residential uses
|
Rear and side yards
|
200 square feet
|
6
|
4 (rear and side)
|
66%
|
Wood, metal, masonry, vinyl, PVC, or similar
|
|
Residential uses
|
Decks and patios
|
Not permitted
|
6
|
4 (rear and side)
|
No minimum
|
Wood, metal, masonry, vinyl, PVC, or similar
|
|
Residential uses
|
Rear and side property lines abutting the City's corporate limits
or City-owned parks
|
Not permitted
|
6
|
No minimum
|
66%
|
Black metal. The design and material shall be consistent throughout
the same subdivision.
|
|
Residential uses in the following subdivisions:
Brookfield Crossing
Cedar Springs Estates
Creek Stone
Mason Glen
Saratoga
Wyndemere Estates
Wyndstone
|
Rear and side yards
|
No maximum
|
|
|
|
|
|
2.
Location.
a.
Fences may encroach into required setbacks as specified in
Table 425.110.B,
Summary of Fence
Standards.
b.
Fences shall be subject to the visibility clearance requirements of Section
425.080,
Visibility At Intersections.
c.
Fences that are placed in utility easements are subject to removal
without notice by utility companies or the City when work is being
done in the utility easements. Replacement of the fence shall be at
the property owner's expense.
d.
Fences shall not impede, inhibit, or obstruct culverts, drains,
natural watercourses, or stormwater drainage in any zoning district.
3.
Height.
a.
Fence height shall not exceed the maximum height specified in
Table 425.110.B,
Summary of Fence
Standards.
b.
Fence height shall be measured from finished grade to the top
of the fence. Supporting posts, including decorative features, may
exceed the fence height a maximum of six (6) inches.
c.
Public buildings or uses, public parks, sports courts, and sports
fields are exempt from the height requirements.
4.
Design And Materials.
a.
All fences shall be constructed of materials specified in
Table 425.110.B, Summary of Fence Standards.
b.
Fences shall be designed to be consistent in style and color
with the principal structure.
c.
Every fence shall be constructed in a substantial, workmanlike
manner and of substantial material suited for the purpose for which
the fence is intended.
C. Uniform Subdivision-Specific Fence Standards.
1.
Fences in the following subdivisions are subject to subdivision-specific
requirements regulating the location, height, design and materials
of fences:
[Ord. No. 4658, 6-17-2024]
2.
These subdivision-specific requirements are documented in the
recorded subdivision trust indentures, approved preannexation agreements,
or other similar instruments of record.
3.
It is the responsibility of each property owners' association
to verify that any proposed fence conforms to the subdivision-specific
requirements and that the fences throughout the subdivision are consistent
in terms of location, height, design and materials.
4.
Subdivision-specific fence standards may only be requested and approved through the preliminary plat procedure (Section
405.120) for new subdivisions containing twenty (20) or more lots. Requests for subdivision-specific fence standards shall not be considered after the preliminary plat has been approved. The approval or denial of subdivision-specific fence standards shall be at the sole discretion of the Board of Aldermen.
5.
The applicable fence types listed in
Table 425.110.B,
Summary of Fence Standards, are permitted in these subdivisions to the extent that fences conform
to any additional subdivision-specific requirements.
6.
In addition to the permitted fence types specified in
Table 425.110.B,
Summary of Fence
Standards, fences enclosing rear and side yards may be permitted.
D. Residential Perimeter Fences.
1.
A fence may be erected in residential subdivisions along rear
and side property lines abutting the City's corporate limits or City-owned
parks.
2.
The property owners' association shall be responsible for the
installation and maintenance of the fence.
3.
The fence shall be continuous along the length of the property
lines abutting the City's corporate limits or City-owned park.
4.
The entire length of fence shall be installed at the same time.
5.
The City shall be indemnified for any damage caused to the fence.