(a)
Purpose.
It is the purpose of this article to provide standards for screening
in order to mitigate the effects of potential nuisances such as dirt,
litter, noise, heat, and glare of lights, and to protect public and
private investment. It is also the intent of this section to provide
for the safe construction and maintenance of walls and fences constructed
in the city.
(b)
Applicability.
(1)
This article shall be applicable to all new construction or where
50 linear feet or more of an existing screening, fence, or wall requires
replacement.
(2)
All properties located in the BP Business Park District must comply
with the standards when a new tenant moves into the BP Business Park
District or within 18 months of the approval of the BP Business Park
District, whichever comes first.
(c)
Permits.
(1)
It shall be unlawful for any person to erect or have erected a fence
or wall without first obtaining a permit from the building official
if the fence or wall is over 30 inches tall.
(2)
Exceptions.
Where repairs and replacements are of the
same fence material, fence height, and fence location, the following
exceptions are allowed:
a.
A permit shall not be required to repair or replace less than 50
linear feet of any given fence line segment. Multiple fence line segments
may be repaired or replaced without a permit as long as the aggregate
distance of fencing repaired or replaced is less than 50 linear feet
within any two-year time period.
(d)
Enforcement.
The zoning administrator shall administer and enforce the provisions
of this article relating to screening and fencing.
(e)
Screening
and fencing of nonresidential, multiple-family, and manufactured home
parks.
(1)
Screening required.
In the event that mixed use, multiple-family,
nonresidential uses, or manufactured home parks side or back upon
a SF-E Single-Family Residential Estate, SF-10 Single-Family Residential,
SF-7 Single-Family Residential, or MF-1 Two-Family (Duplex) Residential
District, or in the event that any nonresidential district sides or
backs to a MF-2 Multiple-Family Residential Medium Density or MF-3
Multiple-Family Residential High Density District, a solid masonry
screening wall of not less than six feet nor more than eight feet
in height shall be erected on the property line separating these districts.
The purpose of the screening wall or fence is to provide a visual
and protective barrier between the properties.
a.
The owner of the multiple-family or mixed use property shall be responsible
for and shall build and maintain the required wall on the property
line dividing the property from the Single-Family or Duplex Residential
District. This construction requirement applies only when multiple-family
is adjacent to residential uses.
b.
When screening is required between nonresidential and residential
uses, it shall be the responsibility of the nonresidential use to
construct and maintain the screening wall.
(2)
Materials.
a.
Any screening wall or fence required under the provisions of this
section, under a specific use permit, Planned Development District,
or other requirement shall be constructed of masonry, reinforced concrete,
or vinyl material simulating wood or masonry. Wood fences are expressly
prohibited.
b.
Nonresidential fences that are not required by ordinance but that
are visible from public right-of-way shall be constructed of masonry,
reinforced concrete, or vinyl material that simulates wood or masonry.
Wood fences are expressly prohibited.
c.
All required screening walls shall be properly finished on all sides
that front a public street or public right-of-way.
d.
All wall or fence openings shall be equipped with gates equal in
height and screening characteristics to the wall or fence.
(3)
Open storage.
Open storage of materials, commodities,
or equipment shall be screened with a minimum six-foot fence or wall.
a.
In districts permitting open storage (see section 3.02 Use Chart
of the zoning ordinance), screening shall be required only for those
areas used for open storage, unless the screening exception in subsection
(e)(3)c., Screening exception below, applies. A six-foot screening
fence or wall shall be provided and maintained (at the property line
adjacent to the area to be screened) by one or a combination of the
following methods:
1.
Solid masonry (brick, concrete block or concrete panels).
2.
Chain link with solid landscape screening; slats or mesh are acceptable
within the BP Business Park District; except for properties with screening
fences or walls adjacent to Handley Ederville Road which must be constructed
of solid masonry.
3.
Wrought iron with solid landscape screening.
b.
No outside storage may exceed the height of the fence without a waiver
from the zoning administrator. No outside storage permitted in the
front yard.
1.
The following exceptions shall apply to this requirement when located
in the BP Business Park District:
c.
Screening exception.
Unscreened open storage is only
permitted within the rear yard of properties within the I Industrial
District and is not permitted within side yards or within 60 feet
of a residential use.
(4)
Refuse storage.
Refuse storage areas, not within a screened
rear service area that are visible from a public right-of-way for
all nonresidential, multiple-family and manufactured home park uses
shall be visually screened by a six-foot solid masonry wall on all
sides except the side used for garbage pickup service, such side shall
provide a gate.
(5)
Mechanical equipment.
a.
All nonresidential uses shall screen all mechanical, heating and
air conditioning equipment from public view and/or adjacent residential
property. Public view is considered any area that can be seen from
a public street.
b.
The following exceptions shall apply to this requirement when located
within the BP Business Park District:
(6)
Nonresidential barbed wire fences prohibited.
Barbed
wire, razor wire, and concertina wire fences are prohibited in the
city. The following exceptions shall apply:
a.
Barbed wire strands may be placed on top of permitted fences and
screening around public utilities facilities (such as substations
and transformer stations) or as part of security devices for the restrain
of persons being detained by the city or other governmental law enforcement
agency for criminal violations.
b.
Barbed wire shall be allowed on top of chain link fencing for security
purposes in HC Heavy Commercial, I Industrial, and BP Business Park.
(f)
Fences
in residential areas.
(1)
Height.
Any fence or wall located to the rear of the
minimum required front yard line shall not exceed eight feet in height.
(2)
Location.
a.
Except as provided by subsection (f)(2)a.1 below, no fence or wall
shall be permitted in front of any single-family or duplex structure.
1.
Decorative fences with openings not less than 50 percent of the fence
area and not exceeding three feet in height are permitted in front
yards. Chain link, woven wire mesh or similar materials are not considered
decorative fencing.
b.
No fence shall be erected in any required side yard that is adjacent
to a public street.
c.
No residential fence shall be closer than 20 feet to a public street
except in cases where the side or rear building line of the yards
on contiguous corner lots adjoin, the fence may be constructed out
to the property line of said side yard.
(3)
Materials.
Any residential fence shall be constructed
of masonry, wrought iron, cedar wood, treated pine, or vinyl materials
that produce a similar appearance. Fence posts shall be 16-gauge metal
and include metal caps and placed in concrete footings.
(4)
Vehicular access gates.
Gates designed for vehicular
access shall be set back from the property line a minimum of 20 feet.
(5)
Residential chain link, barbed wire, and electrical fences prohibited.
a.
Chain link fencing shall be prohibited in residential areas, except
that they shall be allowed in locations that are not visible from
any public street or any fence necessary for an agricultural use.
b.
Barbed wire or electrical fencing shall be prohibited, except as
used for farm or ranching purposes on undeveloped land over one acre
in size.
(7)
Sight visibility.
a.
Setback clearance zone.
Rigid compliance with these
screening and fencing requirements shall not be such as to cause visibility
obstructions and/or blind corners at intersections. Whenever an intersection
of two or more public rights-of-way occurs, a triangular visibility
area, as described below, shall be created. Screening or fencing within
the triangular visibility area shall be designed to provide unobstructed
cross-visibility at a level between 30 inches and eight feet. The
triangular areas are:
1.
The areas of property on both sides of the intersection of an alley
accessway and public right-of-way shall have a triangular visibility
area with two sides of each triangle being a minimum of 15 feet in
length from the point of intersection and the third side being a line
connecting the ends of the other two sides.
b.
Corner properties.
The areas of property located at
a corner formed by the intersection of two or more public rights-of-way
(or a private driveway onto a public road) shall have a triangular
visibility area with two sides of each triangle being a minimum of
25 feet in length along the right-of-way lines (or along the driveway
curb line and the road right-of-way line) from the point of the intersection
and the third side being a line connecting the ends of the other two
sides.
c.
Proximity to accessways and driveways.
Screening or
fencing shall not be located closer than three feet from the edge
of any accessway pavement or driveway.
d.
Reduction to remove visibility obstruction.
In the event
that other visibility obstructions are apparent in the proposed plan,
as determined by the zoning administrator, the requirements set forth
herein may be reduced to the extent to remove the conflict.
(g)
Fencing
in areas adjacent to city designated parks and city facilities.
(1)
Height.
Any fence or wall located adjacent to a city
designated park or city facility shall be a minimum of six feet (6')
high and not exceed eight feet (8') in height.
(2)
Materials.
Any fence or wall located adjacent or parallel to a city designated park or city facility shall be constructed of wrought iron, cedar wood, or treated pine. If the fence or wall is located next to a nonresidential or multiple-family property, the fence must comply with the regulations in subsection (e).
(3)
Sight visibility.
Sight visibility shall be followed in accordance with the terms described in subsection (f)(7).
(4)
Trail fences.
Properties with a fence located off of
a trail shall be the responsibility of the property owner to maintain.
(h)
Waiver.
The city manager is authorized to grant a waiver to these requirements
if necessary to result in a higher quality development and/or carry
out the recommendations of the comprehensive plan.
[Ord. No. 1274-14, § 1(Exh.
A), 5-6-2014; Ord. No.
1348-18, §§ 1, 2, 5-14-2018; Ord. No. 1375-18, § 1(Exh. A), 12-10-2018; Ord. No. 1455-22, § 1, 8-8-2022; Ord. No. 1478-23 adopted 8/14/2023]
