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.
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)