(Ord. No. B-582(A0508), § 1(36-100), 6-26-2008; Ord. No. CSO#725-10-2017, § 1(Exh. A), 10-16-2017)
No fence, wall or outdoor area enclosure structure, may be erected
or altered within the city unless the fence, wall, or outdoor area
enclosure is in conformance with the provisions of this chapter.
(Ord. No. B-582(A0508), § 1(36-105), 6-26-2008; Ord. No. CSO#725-10-2017, § 1(Exh. A), 10-16-2017)
For the purposes of this chapter, the following definitions
shall apply:
A procedure whereby the city manager, or his/her designee,
may review and approve certain modifications and adjustments to the
location, appearance and construction of privacy/security enclosures
and decorative fences.
Created when a structure located on a corner lot is constructed
to face the street frontage not normally associated to be the front
of the lot.
A lot, tract or parcel which abuts two streets at their intersection,
with the longer street frontage being the side of the lot.
Created when a structure located on a corner lot is constructed
to face the intersection, diagonally across a lot, rather than a traditional
orientation toward one of the intersecting streets. In cases of corner
orientation, both sides of the lot along the street frontages are
to be treated as front yards.
A fence or outdoor area enclosure constructed for aesthetic
purposes only constructed of material such as wood pickets, lattice
work, decorative metal, masonry or stone, meeting the requirements
of this section.
An outdoor area enclosure that contains an electrically charged
or partially charged metallic material designed to discourage crossing
by either man or animal.
An outdoor area enclosure of masonry, wood, chain link, plaster
or other approved building material no more than three inches in thickness,
serving to enclose, divide or protect an area.
Minimum required front yard setback as specified under section
52 [A, agricultural district] through section 86 [SP, site plan district]
of the zoning ordinance [appendix B of this Code].
 |
An interior lot, tract or parcel which sides to the rear
of one or more lots, tracts or parcels.
Any land within the city zoned for nonresidential uses: A,
NS, GR, C, CC, I.
A wall of masonry or masonry and pressure-treated timber,
plaster, iron or other approved building material serving to enclose
or protect an office, business or industrial park/complex.
Any fence, wall, or structure of various materials designed
to serve as an enclosure of an outdoor area, a barrier or boundary,
or to otherwise divide or protect an area.
Fences, walls or structures located on individual lots, tracts
or parcels for the purpose of enclosing an outdoor area for privacy
or security purposes.
A wall of masonry or masonry and pressure treated timber,
plaster, iron or other approved building material serving to enclose,
divide or protect a residential subdivision.
Any land within the city zoned for residential uses: SFR,
SFE, SF10, SF16, SF7, SFA, 2F, MF1, MF2, MH, and MHP.
An outdoor area enclosure of masonry, wood, plaster or other
approved building material that exceeds three inches in thickness,
serving to enclose, divide or protect an area.
An area as defined in the subdivision ordinance [appendix
A of this Code] of the city, located at the intersection of two streets,
access easements or alleys or any combination thereof where no structure,
growth or object shall exceed two feet in height.
(Ord. No. B-582(K1110), § 2, 12-6-2010; Ord. No. CSO#725-10-2017, §
1(Exh. A), 10-16-2017)
The provisions of this chapter shall not be applicable in the
business park overlay district area.
(Ord. No. CSO#725-10-2017, §
1(Exh. A), 10-16-2017)
(a)
The city
manager, or his/her designee, may consider and approve an administrative
variance for provisions of this chapter if the modification is determined
to support public safety and demonstrate neighborhood compatibility.
(1)
Application
and fee.
A person may request a waiver from the requirements
of this chapter by filing said request with the development services
director on forms provided by the department. A request for waiver
shall be accompanied by a non-refundable fee. The fee shall be established
by the city council as provided for on the adopted fee schedule. All
necessary support documentation shall be provided at time of application.
a.
Adjacent
property notification.
1.
The city shall send notification of the waiver request to all property
owners whose property adjoins the subject property or is located directly
across the street from the subject property (please refer to figure
36-1 for reference).
2.
Notified property owners will be provided with two weeks in which
to express opposition to the waiver request. If opposition is received,
the waiver request will be forwarded to the city council for consideration
following the appeals procedure below.
3.
In order to expedite the process, the applicant may receive sign-off
approval from the notified property owners and provide the signatures
on a form provided by the city.
 |
b.
Approval
standards.
1.
In no case shall an administrative variance allow any residential
privacy/security enclosure to be located closer that five feet to
a side property line of corner lots backing up to key lots nor shall
an administrative waiver be granted to allow any fence to encroach
within any easement.
2.
The following criteria shall be conserved and the variance may be
granted only if:
i.
There are special circumstances existing on the property on which
the application is made related to size, shape, area, topography,
surrounding conditions, and location that do not apply generally to
other property in the same area and the same zoning district.
ii.
That a variance is necessary to permit the applicant the same rights
in the use of his property that are presently enjoyed, under the ordinance,
by other properties in the vicinity and zone, but which rights are
denied to the property on which the application is made.
iii.
That the granting of the variance on the specific property will not
adversely affect the land use pattern as outlined by the land use
plan and will not adversely affect any other feature of the comprehensive
plan of the city.
iv.
That the variance, if granted, will not be materially detrimental
to the public welfare of the use, enjoyment, or value of property
within the vicinity.
(b)
Appeals
of any decision rendered from an administrative variance application
may be forwarded to the city council for consideration.
(1)
Application
and fee.
An application to the city council for appeal
of the administrative variance decision per this section shall be
initiated by filing said request with the development services department
on forms provided by the department. All necessary support documentation
shall be provided at time of application.
(2)
Agenda
item consideration.
Upon application, the development
services department shall prepare a written report outlining the nature
of the application, the administrative variance decision previously
rendered and grounds for the decision. The applicant will be provided
the opportunity to present relevant information and discuss the application
with the city council to further support the application as related
to the appropriateness of the appeal.
(3)
Public
hearing required.
No action to approve or deny the request
shall be taken until the city council has held a public hearing. Written
notice of the date, time and place of the public hearing shall be
sent to the owners of real property who either adjoin or are located
directly across the street from the property where said waiver is
being requested. Such notice shall be given to each property owner,
as listed on the last approved tax roll, not less than ten days before
the date of the hearing by depositing letters properly addressed and
postage paid in the United States Post Office.
(4)
Findings
by the city council.
In granting relief from the administrative
variance decision, the city council shall consider: special property
circumstances; denial of rights as granted to others in the immediate
vicinity; adverse impacts on adjoining and neighboring properties;
public safety; and, any other factor deemed appropriate by the city
council.
(5)
Action
by the city council.
Any terms or conditions related
to the appeal application shall be noted in the minutes of the city
council meeting. Compliance with said terms and conditions shall be
condition precedent to the issuance building permits for the structure.
In the event that the appeal request is denied by the city council,
no other applications shall be considered or acted upon by the city
council for the same item or issue for a period of 12 months after
denial of the application.
(Ord. No. B-582(A0508), § 1(36-110), 6-26-2008; Ord. No. CSO#725-10-2017, § 1(Exh. A), 10-16-2017)
In residentially zoned districts, fences, walls and outdoor
area enclosure structures may be erected if in accordance with the
following regulations:
(a)
Privacy/security
enclosures.
(1)
May
be fences or walls.
(2)
Shall
not exceed eight feet in height.
(3)
Must
consist of metal poles.
(4)
May
be erected along the rear lot line of any lot.
(5)
May
be erected along the side lot lines of any interior lot in accordance
with the required front yard setback.
(6)
Must
be set back at least seven feet from a side property line of corner
lots, provided the corner lot does not back up to a key lot.
(7)
Must
be set back at least 15 feet from a side property line of corner lots
backing up to key lots.
(8)
Chain
link fences are prohibited along the designated rear lot line of any
double frontage lot.
(b)
Decorative
fence.
(1)
Shall
not be walls;
(2)
Shall
not exceed four feet in height;
(3)
Shall
not have a solid surface area that exceeds 30 percent of the total
surface area of the fence;
(4)
May
be erected upon any residential lot line;
(5)
May
not encroach upon any right-of-way, drainage or access easement, or
floodway;
(6)
May
be allowed within the visibility triangle with a maximum height of
two feet;
(7)
Must
be set back at least seven feet from the front and side lot lines
a minimum of seven feet (see zoning ordinance appendix illustration,
number 12 [appendix B of this Code]), if greater than two feet in
height;
(8)
Shall
contain openings for breaks for access when located in front yards,
so that no more than 75 percent of the total frontage is bounded by
a decorative fence or gate;
(9)
Shall
be constructed of wood picket, lattice work, or decorative metal,
with or without masonry and/or stone elements; and
(10)
Shall not be constructed of chain link, barbed wire or similar enclosure
materials.
(c)
Residential
subdivision enclosures (including subdivision entry features).
(1)
Shall
be walls or combination of decorative fences as approved by the development
assistance committee;
(2)
Shall
be constructed with minimum ten-inch by 20-inch brick columns set
on piers with a maximum spacing of ten feet on center. Infill material
between brick column shall be brick, pressure-treated lumber, plaster,
iron or other approved material;
(3)
Shall
not exceed eight feet in height;
(4)
Walls
enclosing residential subdivision may be erected along rear property
lines and along the side property lines exceeding the required front
yard setback; provided that it does not exceed the required two-foot
maximum height limit within the visibility triangle, and the enclosure
does not encroach upon any right-of-way, drainage or utility easements
or floodway;
(5)
Are
allowed only for subdivisions containing ten or more lots;
(6)
Plans
for all residential subdivision enclosures shall be reviewed and approved
by the development assistance committee.
(Ord. No. B-582(A0508), § 1(36-115), 6-26-2008; Ord. No. CSO#725-10-2017, § 1(Exh. A), 10-16-2017)
In nonresidential zoning districts, fences, walls and outdoor
enclosures may be erected if in accordance with the following regulations:
(a)
Privacy/security
enclosures.
(1)
May
be fences or walls;
(2)
Shall
not exceed eight feet in height;
(3)
Must
consist of metal posts;
(4)
May
be erected on the rear lot line of any lot, tract or parcel;
(5)
May
be erected upon the side lot line of any lot, tract or parcel provided
that the fence does not extend into the required front building setback
without specific development assistance committee approval;
(6)
May
not be erected to encroach upon any visibility triangle, right-of-way,
access or drainage easements or floodway;
(7)
Chain
link fences are prohibited along the designated rear lot line of any
double frontage lot.
(b)
Decorative
fences.
(1)
Shall
not be walls;
(2)
Shall
not exceed four feet in height;
(3)
Shall
not have a solid surface area that exceeds 30 percent of the total
surface area of the fence;
(4)
May
be erected upon any nonresidential lot line;
(5)
May
not encroach upon any right-of-way, drainage or access easements or
floodway;
(6)
May
be allowed within the visibility triangle with a maximum height of
two feet;
(7)
Shall
contain openings or breaks for access when located in front yards;
(8)
In
front yards the total frontage bounded by the decorative fence or
gate shall not exceed 75 percent;
(9)
Shall
be constructed of wood picket, lattice work, or decorative metal,
with or without masonry and/or stone elements; and
(10)
Shall not be constructed of chain link, barbed wire or similar enclosure
materials.
(c)
Office
business or industrial park or complex enclosure (including entry
features).
(1)
Shall
be only walls;
(2)
Shall
be constructed with minimum ten-inch by 20-inch brick columns set
on piers with a maximum spacing of ten feet on center;
(3)
Infill
material between brick columns shall be brick, pressure-treated lumber,
plaster, iron or other material approved by the development assistance
committee;
(4)
Shall
be eight feet in height;
(5)
Walls
enclosing may be erected along rear property lines;
(6)
Walls
may be erected along the front and side property lines to extend into
the required front yard setback; provided that such encroaching structure
is less than two-feet height within the visibility triangle and does
not encroach upon any right-of-way, drainage or utility easements,
floodway or the visibility triangle of any drive approach;
(7)
Is
allowed only for subdivisions containing four or more lots;
(8)
Plans
for park or complex enclosures shall be reviewed and approved by the
development assistance committee.
(d)
Mechanical
equipment screening.
Screening of mechanical equipment
shall be required within the city under the following provisions:
(1)
Shall
completely shield from view on all the sides, all mechanical equipment
located on the roof of any building;
(2)
Must
shield the equipment from view of adjacent properties for a distance
of 200 feet from the subject property line, at a point six feet above
grade;
(3)
Shall
be of consistent color, material and design with the primary structure;
(4)
Mechanical
equipment shall not include exhaust fans, vents or drains;
(5)
Total
screened areas of the roof-mounted equipment shall not exceed 25 percent
of the roof area of the structure;
(6)
When
the total screened area(s) of roof-mounted structures exceeds 25 percent
of the roof area, a parapet wall of consistent color, material and
design as the main structure, at least as high as the roof-mounted
equipment shall be constructed along the sides of the roof of the
building where such views exist;
(7)
The
development assistance committee may approve alternate screening methods
and materials if the intent of building a mechanical screen can be
accomplished through other means to achieve an aesthetic, comparable
finish as required by this section;
(8)
Mechanical
equipment on the ground shall be screened with the use of landscaping
or hard screening materials such as wood, brick or an equivalent building
material, preferably of consistent color, material and design as the
main structure.
(e)
Trash/recycling
receptacle screening.
Screening of trash/recycling receptacles
or any garbage, refuse and trash/recycling collection and storage
areas shall be required within the city under the following provisions:
(1)
Shall
be preferably located at the side or rear of the building;
(2)
Shall
be totally encircled or screened by fence, planting or other suitable
visual barrier six feet in height and shall have a metal door or gate
which shall remain closed at all times when the receptacle is not
in use;
(3)
Shall
not encroach into any required setbacks;
(4)
Shall
be of similar color, material and design as the primary structure;
(5)
May
be screened using a single opaque material or wall or fence;
(6)
May
also be screened by using a combination of opaque material, berms
and evergreen landscaping that provides the required screening effect;
(7)
May
also be screened by walls of a principal or accessory structure;
(8)
Shall
not be screened by chain link fencing with woven slats of opaque material.
(f)
Outdoor
storage screening.
Where outdoor storage is permitted
in nonresidential districts it shall be subject to the provisions
of this Code.
(1)
Shall
consist of any combination of fences, walls, berms and landscaping
that is at least six feet in height;
(2)
Shall
provide a permanent, opaque, year-round screening around the entire
perimeter of the outdoor storage area;
(3)
Evergreen
plant materials are encouraged as screening. The plants shall be irrigated,
pruned and maintained;
(4)
The
primary outdoor storage of living plant material stored on the ground
is not subject to the screening requirements;
(5)
All
equipment, tools, vehicles, etc. associated with upkeep, maintenance
of living plant material that are stored outdoors are subject to screening;
(6)
A
periodic market held in open area such as farmer's or flea market
where a group of individual sellers offer goods for sale are not subject
to outdoor storage regulations;
(7)
General
construction activity is not subject to outdoor storage screening
regulations;
(8)
Outdoor
display areas are exempted from screening requirements.
(g)
Loading
area screening.
Screening for loading docks, truck berths
visible from public right-of-way is required per the following provisions:
(1)
Shall
be screened by opaque walls, wooden fences, landscaped berms, or landscape
areas;
(2)
Be
at least eight feet in height;
(3)
Must
screen loading dock areas from view from the public street right-of-way
with the greatest pavement width parallel to the trailer berths;
(4)
Screening
shall be of sufficient length to screen the maximum size trailer which
can be accommodated onsite and shall be parallel to trailer berths.
Example: Docks and berths that accommodate a 50-foot trailer shall
be screened with a 50-foot wall parallel to the berth.
(Ord. No. B-582(A0508), § 1(36-120), 6-26-2008; Ord. No. CSO#725-10-2017, § 1(Exh. A), 10-16-2017)
The following regulations shall apply to zoning districts of
the city as applicable:
(a)
Live
screening.
Live screening using natural growth or planted
vegetation shall be allowed within the city under the following provisions:
(1)
Tree,
shrub, hedge or other vegetation shall be planted, pruned or otherwise
maintained and shall not exceed two feet height within the defined
visibility triangle or street right-of-way.
(2)
Any
tree, shrub, hedge or other form of vegetation located within the
public right-of-way, utility easement, or visibility triangle shall
be subject to removal (without compensation) by the authority of the
city for the purpose of utility maintenance and public safety.
(b)
Barbed
wire.
Except as provided below, barbed wire enclosure
is prohibited within the city:
(1)
Authorized
in the "A" agricultural zoning district and "SFR" single-family rural
district, if the fence exists on the property at the time of annexation.
(2)
Authorized
when attached to the top of a security fence of at least six feet
in height in the "C" commercial or "I" industrial zoning district
classification.
(3)
Authorized
in all zoning district classifications if the property is used for
animal husbandry.
(c)
Electrical
fences.
Except as provided below, electrical fencing
is prohibited within the city:
(1)
Are
allowed within the "C" commercial and "I" industrial zoning districts
and within the "A" agricultural and "SFR" single-family rural zoning
districts if the property is used for animal husbandry.
(2)
Must
be located at least six inches inside a nonelectric fence.
(3)
Shall
be Underwriter Laboratories (UL) listed and installed and maintained
as per manufacturer's instructions.
(4)
Shall
have posted signs on all sides spaced at not more than 50-foot intervals:
"DANGER, ELECTRIC FENCE."
(5)
Electric
fences not in compliance with the above are hereby declared a nuisance
per se and must be immediately removed.
(d)
Recreational
fences.
Screening adjacent and parallel to parks, trails,
or open space areas shall be allowed within the city under the following
provisions:
(1)
When
adjacent and parallel to dedicated park, trail, or open space areas
shall consist of wrought iron or tubular steel;
(2)
Shall
maintain a minimum height of four feet;
(3)
Shall
maintain consistent color and design throughout the development;
(4)
Shall
not have any opening on the fence that has a diameter greater than
four inches, except at access gates and entry points.
(e)
Screening
inside recreational fences.
The installation and/or construction
of opaque walls, wooden fences, and similar solid screening devices
to the inside of a lot, tract, or parcel with a recreational fence
required under this chapter is expressly prohibited.
(Ord. No. B-582(A0508), § 1(36-121), 6-26-2008; Ord. No. CSO#725-10-2017, § 1(Exh. A), 10-16-2017)
Transitional screening shall be required between zoning districts
and land uses within the city under the following provisions:
(a)
When
NS, GR, C, CC, I districts or nonresidential uses abuts a MH, MHP,
MF1, MF2, 2F, SFA, SFE, SFR, SF7, SF10, SF16 district or residential
uses, transitional screening shall be required for separating these
districts or uses along the entire property line of the higher intensity
district or use except where visibility triangles or easements are
required.
(b)
When
MH, MHP, MF1, MF2 district or multiple family or mobile home uses
abuts a 2F, SFA, SFE, SFR, SF7, SF10, SF16 district or single-family
uses, transitional screening shall be required for separating these
districts or uses along the entire property line of the higher intensity
district or use except where visibility triangles or easements are
required.
(c)
For
the purpose of this section, "abut" or "adjacency" is defined as sharing
a common property line except for private alleys, public alleys and
private access easements.
(d)
Shall
be located within and along the outer perimeter of a lot or boundary
line and entirely on private property. No part of any screening device
shall be located in public right-of-way or encroach within the visibility
triangle.
(e)
Shall
be eight feet in height.
(f)
Shall
serve the purpose of providing a visual barrier between properties.
(g)
Shall
be incumbent upon the developer of the more intensively zoned property
to screen his property from a less intensive zoning district.
(h)
The
screening wall shall be of consistent color, design and material all
through the development.
(i)
Shall
be constructed of solid masonry or reinforced concrete. All others
designs and materials will have to be approved by the development
assistance committee provided the screening meets the intent of this
section.
(j)
If the
development assistance committee approves this requirement to be better
met by an irrigated, pruned and maintained living screen, the same
maybe substituted.
(k)
Upon
recommendation from the planning and zoning commission, the city council
may grant a temporary or permanent waiver until such a time as the
screening wall or fence maybe deemed necessary, if this requirement
is impractical for immediate construction.
(Ord. No. B-582(A0508), § 1(36-122), 6-26-2008; Ord. No. CSO#725-10-2017, § 1(Exh. A), 10-16-2017)
A fence shall be maintained by the property owner in compliance
with the requirements of this section.
(a)
A property
owner shall maintain fences, screening walls or live screening including
those existing prior to the adoption of this section, at all times
in a state of good repair, aesthetics and structural stability safe
and secure condition, with all braces, bolts, nails, supporting frame
and fastenings free from deterioration, termite infestation, rot,
rust or loosening, and able to withstand at all times the wind pressure
for which they were designed.
(b)
Fences, screening walls and live screening shall be maintained as described in subsection 34-31(3) of this Code as reasonably plumb and structurally sound. A fence shall not be 15 degrees out of plumb or more.
(c)
The
owner shall replace broken, damaged, removed or missing parts of a
fence, screening wall or live screening within 30 days from the day
the owner received notice from the code enforcement officer, with
the same material, or material with comparable composition, color,
size, shape and quality of the original fence to which the repair
is being made. An inspection of the repaired fence by a code enforcement
officer will be required prior to acceptance of the repairs. A code
enforcement officer may upon written notice from the owner that unusual
circumstances prevent the timely repair of a fence, extend the replacement
time as required.
(d)
A fence
not required by a specific order of the zoning board of adjustment,
the city council, the zoning ordinances of the city, or required to
enclose a swimming pool or spa may be completely removed within the
30-day period rather than repaired.
(Ord. No. B-582(A0508), § 4, 6-26-2008; Ord. No. CSO#725-10-2017, §
1(Exh. A), 10-16-2017)
This chapter shall be cumulative of all provisions of city ordinances,
except where the provisions of this chapter are in direct conflict
with the provisions of such ordinances, in which event the conflicting
provisions of such ordinances are hereby repealed. To the extent that
the provisions of the city's various development ordinances conflict
with this chapter, the terms of this chapter shall control.
