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PZ Section 39.11.20.03 SECTION 39 SCREENING (As amended by Ordinance No. 480-LL) 39.1 GENERAL - Except as otherwise required in conjunction with a bufferyard, screening of uses shall be provided as required in this section. Permissive screening may be provided in any zoning district as long as it does not conflict with the provisions of this or other sections of this ordinance. 39.2 SCREENING STANDARDS a. Screening, as herein referred, shall mean a fence, wall, dense evergreen hedge or other device which is opaque, made of durable material, and without holes, penetrations, or other openings other than those required for passage, and which is designed to prevent persons from seeing through. b. A screening device may be constructed solely of masonry, wood, or concrete, in combination with each other or with a metal frame. c. Any dense hedge or plant material may be used as screening provided it is landscaped and is properly maintained in a healthy growing condition. d. Landscaped earth berms may be used as screening when approved by the Administrative Official. e. A screening device shall be at least six (6) feet in height, but not more than eight (8) feet in height unless otherwise specifically permitted or required by this ordinance, or unless approved as a variance by the City Council in its consideration of a concept plan, development plan, site plan or a specific use permit or unless otherwise approved by the Board of Adjustment. The height of a screening device shall be the vertical distance between the ground and the top of the device. (As amended by Ordinance No. 480-HH.) f. All mandatory or permissive screening shall be erected and maintained so as not to interfere with or obstruct the view of traffic or constitute a traffic hazard on any public or private street, alley or driveway. g. A chain link fence with slat inserts shall constitute an acceptable screening device only for properties zoned I-1 and I-2 which are not located adjacent to a residentially zoned lot, tract or lot having an occupied residential dwelling, and are not located adjacent to street rights-of-way. (As amended by Ordinance No. 480-HH.) h. Where the screening requirements prescribed by this section are in conflict with screening requirements which have been established by other provisions of this 39-1 ordinance, the more stringent requirements shall apply. (As amended by Ordinance No. 480-HH). 39.3 RESIDENTIAL DISTRICTS a. Fences, walls and dense landscaped hedges or plantings are permitted in any residential district as a screening device; however, such screening device shall conform to the regulations set forth in subsections 33.2 and 33.3 of this ordinance. b. Multi-family dwelling uses shall be screened from view of any adjacent single family residential lot or use by a screening device located along the side and rear property lines of such multi-family use to a height of eight (8) feet. c. Non-residential uses in a residential district shall be screened from view of any adjacent residentially zoned lot or tract or lot having an occupied residential dwelling by a screening device located along the side and rear property lines of such non- residential use to a height of eight (8) feet. (As amended by Ordinance No. 480-HH.) d. Where a perimeter screening wall or fence is erected between any residential subdivision and any public right-of-way, the following requirements shall apply (As amended by Ordinance No. 480-HH.): (1) No new fence or screening wall (which is parallel to, perpendicular to, approximately parallel to, or approximately perpendicular to an existing subdivision screening wall or fence) erected after the effective date of this ordinance shall be erected to a height which exceed the height of the subdivision screening wall or fence. (2) Where a developer or homeowners’ association of an existing subdivision constructs a wrought iron or other similar non-opaque fence adjacent to any thoroughfare, no screening wall or fence shall be erected after the effective date of this ordinance within the required side or rear yard which is parallel to such wrought iron or similar non-opaque fence. (3) No existing screening wall or fence shall be repaired, extended or modified unless such repairs, extensions, or modifications are done in a manner consistent with the color, material, or character of the existing screening wall or fence, and any such extension occurs along the entire length of such screening wall or fence, including where such screening walls or fences may be interrupted by streets, alleys, or other access ways. 39.4 NON-RESIDENTIAL DISTRICTS 39-2 a. Fences, walls and dense landscaped hedges or plantings are permitted in any non- residential district as a screening device; however, such screening devices shall conform to the regulations set forth in subsections 33.2 and 33.3 of this ordinance. b. Where a non-residential use abuts a residentially zoned lot or tract or lot having an occupied residential dwelling, a screening device shall be erected along the side and rear property lines abutting said residential lot or dwelling to a height of eight (8) feet. Where the district boundary dividing a non-residential district from a residential district is along a street or alley, and an automobile parking lot or parking area is located in the front yard of the non-residential use, the said parking lot or parking area facing the residential lot shall be suitably screened to a height of not less than three and one-half (3 ½) feet. A variance to this section may be approved by the City Council during its review of any concept plan, development plan, or site plan requiring review by the Planning and Zoning Commission and approval by the City Council, or by the Board of Adjustment for all other concept plans, development plans, or site plans. All screening devices shall be properly maintained in perpetuity by the owner of property with non-residential uses. Failure of the owner to maintain the screening device shall constitute a violation of this ordinance. (As amended by Ordinance No. 480-HH.) c. Outside storage of trash/recycling receptacles or any garbage, refuse and trash/recycling collection and storage areas shall be at the side or rear of the building, shall be totally encircled or screened by fence, planting or other suitable visual barrier six feet (6') in height and shall have a metal door which shall remain closed at all times. These areas or receptacles shall not encroach into any required bufferyard. (As amended by Ordinance No. 480-HH.) d. Where a non-residential use abuts an existing residential screening wall or fence and a written agreement is executed between the developer and residential property owner, it shall be deemed the intent of this ordinance to allow the residential screening wall or fence to satisfy that portion of Section 39.4.b. above (relating to side and rear yard screening) as long as said screening device is maintained in good repair. Should the screening device be destroyed by more than 50% of its fair market value at the time of destruction, then the owner of the nonresidential property shall construct a new screening wall or fence which meets the requirements of Section 39.4b. (As amended by Ordinance No. 480-HH.) e. Off-street loading areas shall be adequately screened from view of any residentially zoned lot or tract or lot having an occupied residential dwelling or of any other adjacent land use. (As amended by Ordinance No. 480-HH.) 39.5 OUTSIDE STORAGE 39-3 a. All areas used for primary and ancillary outdoor storage and the associated method of screening shall be indicated on an approved site plan, development plan or concept plan along with scaled elevation drawings indicating the type of screening and materials proposed to be utilized. b. The primary outdoor storage of living plant material stored on the ground is not subject to the screening requirements in Section 39. All equipment, tools, vehicles, etc. associated with the upkeep and maintenance of the living plant material that are stored outdoors are subject to the screening regulations of Section 39 and Section 43.9.c.4, if applicable. c. A periodic market held in an open area, such as a farmers' or flea market, where groups of individual sellers offer goods for sale are not subject to the outdoor storage regulations in Section 39. d. General construction activities are not subject to the outside storage regulations in Section 39. e. Outdoor storage areas shall not be located forward of the principal building and when possible, shall be located at the side of the building not facing a public street, except for the following items and events (See Exhibit 43-F). Also, the items and events listed below are excluded from the screening requirements of Section 43.9.c.4: i. newspapers; ii. Christmas trees (stored outdoor for sale beginning one week before Thanksgiving through December 31); iii. charitable sales events sponsored by non-profit organizations provided that the event does not exceed five (5) consecutive days at any one location; and iv. certain seasonal merchandise provided that the conditions listed in this section are met (All non-residential uses are subject to the regulations in 43.9.c.4. f. iv regardless of the date that a site plan, concept plan or development plan was approved). (a) Acceptable items, merchandise or activities to be stored and display outside without screening includes those items and similar types of items listed below: 1) living plant materials; 2) bundled firewood; 3) merchandise associated with the holidays; 4) hot dog and snow cone vendors; and 4) mechanical equipment associated with lawn and garden care and maintenance (all mechanical equipment display shall be in conjunction with a promotional 39-4 event shall not be stored outside more than three (3) continuous days and merchandise must be removed and returned indoors at the end of each business day). Unacceptable items or merchandise to be stored outside without screening includes those items and similar types of items listed below: 1) appliances; 2) antiques; 3) artwork; 4) automotive supplies; 5) bicycles; 6) food and drink products; 7) jewelry; 8) sporting goods; 9) swimming pools; 10) swing sets; 11) motorcycles or scooters; 12) furniture; 13) clothes; 14) storage/shipping containers; and 15) tools; 16) bagged goods such as mulch, top soil, fertilizer, play sand; and 17) empty propane tanks (must conform to standards and regulations of the City of Southlake DPS). (b) No more than 50% of the pedestrian path, sidewalk or hard surface area located parallel to the front of the building intended for the egress of pedestrians along the front of the building shall be used for storage, providing that the remaining pedestrian path, sidewalk or hard surface area shall contain no less than 5' in width (See Exhibit 43-G) . (c) The storage area shall not to exceed 30% of the linear frontage of the primary building (See Exhibit 43-G). (d) The merchandise for sale is not located further than 15' from the principal building. (e) The merchandise for sale is not located within required landscaped areas, required parking areas, fire lanes, fire access ways, or exit ways and is located on an all weather surface. (e) The display of goods shall be maintained in a neat orderly manner and not be stacked higher than a height of four (4) feet. Height regulations shall not apply to living plant materials or the sale of Christmas trees. (f) Package materials displayed outdoors shall not be readily identifiable by type or product name from adjacent public streets or adjacent residential property by reason of package labels, sales tag markers, signs or otherwise. (g) Such merchandise must not impede traffic flow or block site distance on the street. 39-5 f. Outdoor Storage by transient salespersons is prohibited, except those uses associated with a city-approved festival or marketplace. Outdoor commercial displays as permitted by Section 34 are exempted from the requirements herein.. f. Outside storage is not permitted in a residential district. h.g. Screening of the outdoor storage material associated with a primary use may be Formatted: Highlight accomplished through an acceptable Type III screening device. Primary Outdoor Storage shall be screened with a Type III screening device unless the items stored are otherwise exempted from screening requirements of this Section. Formatted: Highlight 39-6