The purpose of the outdoor storage provisions is to regulate
outdoor storage and require fencing in order to conserve the value
of buildings and land by preserving, improving or enhancing property
values; to enhance the attractiveness along street, road and highway
corridors; to enhance the economic development climate for those proposing
or considering the city for location or relocation; and to protect
and enhance places and areas of historical and cultural importance.
(2001 Code, sec. 46-156; Ordinance 78-2006, sec. 1, adopted 9/19/06)
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Fence.
A structure, erected to enclose and screen areas of property, constructed as required by section
46-223.
Inoperable motor vehicle.
A vehicle which cannot be driven upon the public streets
for reasons including but not limited to being wrecked, abandoned,
in a state of disrepair, or incapable of being moved under its own
power, or not having a valid registration and/or inspection attached
thereto.
Motor vehicle salvage yard.
Any outdoor storage yard used for the deposit of dismantled
or junked motor vehicles or any outdoor storage yard used for the
deposit of any discarded material which has been a part of or is intended
to be a part of any motor vehicle.
Outdoor storage.
Any material, vehicle or equipment that has been used, damaged
or partially dismantled and is:
(1)
Stored outside indefinitely; or
(2)
Held outside as inventory for future sale, processing or use.
Such articles include but are not limited to inoperable motor
vehicles or motor vehicle parts, appliances, boxes, crates, pipe or
pipe fittings, paper, metal, tires, toys, concrete blocks, bricks,
furniture, fixtures, machinery, motors, lumber, buildings or portions
of buildings, building materials, barrels or clothing.
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Outdoor storage yard.
Any parcel or part of land, not within a building, upon which
outdoor storage is located.
Public right-of-way.
A strip of land acquired by reservation, dedication, prescription
or condemnation and used or is intended to be used as a public roadway
or alley.
(1966 Code, sec. 19¼-1; 2001
Code, sec. 46-157; Ordinance 78-2006, sec. 1, adopted 9/19/06)
Any person who negligently owns, operates, controls, maintains, or leases an outdoor storage yard in violation of this article shall, upon conviction of such violation, be deemed guilty of a Class C misdemeanor and subject to a fine as provided in section
1-14.
(1966 Code, sec. 19¼-6; 2001
Code, sec. 46-158; Ordinance 78-2006, sec. 1, adopted 9/19/06)
(a) Outdoor
storage yards shall be kept and maintained in such a manner that will
not hinder or obstruct firefighting operations. Access to each area
of storage and each building on the premises shall be provided by
means of roadways and/or aisles as required by the fire chief.
(b) Access
roadways, when required by the fire chief, shall provide not less
than 20 feet of clear, unobstructed width.
(c) Any
access roadway shall be provided with a turning radius of sufficient
width to accommodate firefighting apparatus.
(1966 Code, sec. 19¼-2(a)(1), (2); 2001 Code, sec. 46-159; Ordinance
78-2006, sec. 1, adopted 9/19/06)
Areas around or under outdoor storage materials or buildings
shall be kept free and clear of accumulations of grass, weeds, brush
or other uncultivated vegetation.
(1966 Code, sec. 19¼-2(a)(3); 2001 Code, sec. 46-160; Ordinance 78-2006, sec. 1, adopted 9/19/06)
The intentional burning of outdoor storage material is prohibited.
(1966 Code, sec. 19¼-2(a)(4); 2001 Code, sec. 46-161; Ordinance 78-2006, sec. 1, adopted 9/19/06)
(a) Every
outdoor storage yard created after September 19, 2006, shall have
a fence or other approved screening as defined in this article installed
and maintained to obscure the view of the outdoor storage from any
adjacent land or right-of-way.
(b) Every outdoor storage yard existing prior to September 19, 2006, and legally authorized under Appendix
B, Zoning, and where such land with contiguous ownership containing the outdoor storage is within 200 feet of the property line of a residence or residential zoning boundary, shall install and maintain a fence to obscure the view of the outdoor storage from any adjacent land or right-of-way.
(c) Fences, as required by subsections
(a) and
(b) of this section, shall comply with the following requirements:
(1) Fences shall be sheathed with boards, slats, metal, or other approved
materials, securely nailed or attached to supports, which will provide
an effective visual screen. Transparent or translucent sheathing materials
shall not be permitted.
(2) Sheathing material for screening shall extend up at least six feet
tall.
(3) A building permit and an inspection, shall be obtained from the building
inspections division prior to construction, for any proposed fence
greater than six feet tall. Written plans and specifications must
be submitted at the time of the permit application.
(4) Earthen berms, evergreen vegetation, trees, and shrubbery may be
used to meet the screening requirement, provided that such material
meets the intent of this article and such material is approved by
the director of community development or his designee.
(5) Sheathing materials, posts, rails or any other fencing construction
materials shall be naturally weather resistant or shall be painted
or finished to resist decay or rust. Materials and/or paint shall
be of uniform color and pattern. Fences or acceptable alternatives
shall be maintained by repair, painting, or replacement as necessary
to maintain stability, screening and weather resistant and decay resistant.
The use of used or salvaged materials shall be prohibited unless specifically
noted on plans and approved by the director of community development
or his designee.
(6) Chainlink fences modified by the insertion of slats made of solid
and durable materials into all spaces may be permitted if such system
meets the intent of this article. Such acceptable materials shall
be uniform in strength, material, and color.
(d) Gates,
normally used for access to the outdoor storage yard, are not required
to provide a solid screen. The outdoor storage yard immediately behind
and perpendicular to such gate, to a distance of a least 30 feet,
shall be kept clear of all storage materials. Unscreened gates shall
be no wider than 20 feet.
(e) Buildings
that are used for normal operation of the business, such as storage,
sales or office buildings, are not required to be fenced; however,
materials shall not be stored in front of or to the side of such buildings
so as to be open to public view, except that the incidental outdoor
display of commodities for retail sale is permitted.
(f) Areas
not required to fence. Outdoor areas of land used for the storage
or display of materials or vehicles incidental to the principal activity
of a business shall not be required to comply with this section if
such areas are included as one of the following uses:
(1) New or used automobile and related vehicle sales lots, authorized
by a state motor vehicle dealer license.
(2) Storage yards incidental to the on-site sale of new building materials,
new heavy machinery, new farm equipment, new nursery products, new
mobile homes, new boats or new trailers.
(3) Storage yards for supplies and/or raw materials necessary to the
on-site manufacturing, fabrication or assembly of finished products,
if kept in a neat and orderly fashion.
(4) Parking areas for operable equipment, vehicles and trailers incidental
to a rental or construction business.
(5) Parking areas for vehicles incidental to transportation and hauling
activities of commercial businesses and governmental entities.
(6) Parking areas for operable motor vehicles awaiting service at auto
repair or auto body shops.
(7) Used merchandise, that is associated with a retail business, displayed
during business hours.
(g) Outdoor storage yards located in the light industrial (LI) and heavy industrial (HI) zoning districts are exempt from the requirements of subsection
(b) of this section until one year from the date of the adoption of the ordinance from which this article is derived, at which time outdoor storage yards shall be regulated by all the provisions of this article.
(h) Where
it has been determined that site constraints exist that may limit
the ability of a particular site to conform to the requirements of
this article, the director of community development or designee shall
evaluate the ability of a proposal to come into conformance with the
requirements of this article by considering constraints to that ability.
If the proposal will not entirely fulfill the requirements of this
article, the director or designee may instruct that a proposal be
presented which strives to maintain the intent of this section to
the best of its ability. Such alternate proposal shall be approved
by the director or designee. An appeal to the director’s decision
may be made to the city council.
(i) Any exemption referenced in subsections
(d) through
(h) of this section shall not be construed as authority to violate or set aside any other requirement of this article.
(1966 Code, sec. 19¼-3; 2001
Code, sec. 46-162; Ordinance 78-2006, sec. 1, adopted 9/19/06)
No storage material shall be kept or stored upon a public right-of-way.
(1966 Code, sec. 19¼-4; 2001
Code, sec. 46-163; Ordinance 78-2006, sec. 1, adopted 9/19/06)