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Item 4BCITY OF SC UTHLAKE MEMORANDUM June 25, 2008 To: Shana Yelverton, City Manager From: Ken Baker, AICP, Director of Planning and Development Services Subject: Ordinance No. 480 -UUU, amendments to the Comprehensive Zoning Ordinance No. 480, as amended, as it pertains to fencing and screening regulations. Action Requested: City Council consideration and approval of the first reading of proposed Ordinance No, 480 -UUU. Background Information: In an effort to consolidate and clarify fencing and screening regulations for residential and non - residential properties, staff is recommending the following changes: Section 33 ( Supplementary DistrictRectulations a. Remove all fencing and screening regulations and refer to Section 39 (Screening and Fencing) where necessary. Section 42 (Bufferyards) a. Revise section 427, Required Structures in Bufferyards, to require an 8' opaque fence in F1 bufferyards and an 8 foot masonry fence in F2 bufferyards. As currently written, fences and walls in F1 and F2 bufferyards must be 6 feet in height_ Section 39 (Screening and Fencin a.. Expand the Screening Section to include Fencing Regulations b. Insert relevant regulations that will be deleted from Sections 33 and 42. c. Add a subsection on fencing standards. d. Add a subsection on bufferyards. e. Add a subsection on fencing along arterials and collectors adjacent to residential districts. f. Add a subsection on fencing along arterials and collectors adjacent to non - residential districts and change the requirements for screening where a non - residential use abuts a residential use. g. Insert anew subsection for fence maintenance requirements. Sections 37 43 47 and 49 a. Change all references from "Section 39 Screening" to "Section 39 Screening and Fencing" Financial Considerations: None Citizen Input/ Board Review: A public hearing was held prior to the recommendation for approval made by the Planning and Zoning. No public comments were received. A public, hearing will be held prior to any second reading consideration by the City Council. Citizen comments will be received at that time. Legal Review: This ordinance is being reviewed by the City Attorney, Alternatives: 1) Approve as presented., 2) Approve with modification. 3) Deny the request. Supporting Documents: The proposed ordinance amendments are attached. Staff Recommendation: Approve the ordinance as proposed. P & Z Actions: Approved (4 -0) June 19, 2008 subject to changing "wood fence" in Section 42.7 to "opaque fence meeting the material requirements in Section 39.2.b" and adding "ornamental metal" in Sections 39.2.b, 39.5..d.4 and 39.6.g.1. AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; PERTAINNIG TO FENCING AND SCREENING REGULATIONS ON PROPERTIES WITHIN THE CITY OF SOUTHLAKE; PROVIDING 'THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the city has adopted Ordinance No. 480, as amended, as the Comprehensive Zoning Ordinance for the city; and WHEREAS, the city council has determined that it is appropriate and in the best interest of the city to promote the public health, safety, and general welfare of its residents by amending Ordinance No. 480 as provided herein; and WHEREAS, the city council has given published notice and held public hearings with respect to the amendment of the zoning ordinance as required by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 Ordinance 480, as amended, the City of Southlake`s Comprehensive Zoning Ordinance Section 33, Supplementary District Regulations, is hereby amended as follows: 33.2 FENCES - Refer to Section 39 for fencing and screening requirements, 33.3 DELETED IN ITS ENTIRETY BY ORDINANCE NO, 480 -UUU. 33.8 APPENDICES — Remove "j ", Fence Maintenance Ordinances, SECTION 2 Ordinance 480, as amended, the City of Southlake's Comprehensive Zoning Ordinance Section 42, Bufferyards, is hereby amended as follows: 42.7 REQUIRED STRUCTURES a, Fences- F1: An 8' opaque fence meeting the material requirements in Section 39.2b. a. Masonry Wall — F2: An 8' masonry wall meeting the material requirements in Section 39.2b. c. Hedges - H1: A hedge of plants obtaining a mature height greater than three feet (3). When planted, this hedge shall be a minimum of two feet (2') in height and planted no further than thirty inches (30 ") on center. d. Berms - 131: A berm having a minimum height of three feet (3') and maximum 3:1 side slopes may be substituted for the Hedge - H1 when adequate bufferyard width (minimum 20' width) is provided. Illustration B, "Illustration of Required Structures" — Removed.. SECTION 3 Ordinance 480, as amended, the City of Southlake's Comprehensive Zoning Ordinance Section 37, Downtown District, Section 43, Overlay Zones, Section 47, Transition Zoning District, and Section 49, Employment Center Zoning District, are hereby amended as follows: Change all references to "Section 39 Screening to read "Section 39 Screening and Fencing", SECTION 4 Ordinance 480, as amended, the City of Southlake's Comprehensive Zoning Ordinance Section 39, Screening, of Ordinance No. 480, is hereby to amended to "Section 39, Screening and Fencing ", and further amended as follows: SECTION 39 SCREENING AND FENCING (As amended by Ordinance No. 480 -HH) (As amended by Ordinance No. 480 -LL) (As amended by Ordinance No. 480 -UU) (As amended by Ordinance No. 480 -UUU) 39.1 GENERAL - Except as otherwise provided in this ordinance, fences, walls, and hedges may be permitted in any zoning district, in any required yard, or along the edge of any yard as a screening, decorative or containment element not to exceed eight (8) feet in height, provided the following shall be observed: a. At Intersections - On a corner lot in any district, nothing shall be erected, placed, planted, or allowed to grow except in accordance with the site triangle provision as defined in the Subdivision Ordinance No 483 as now existing or hereafter amended. b. At Interior Lots - On an interior lot in any district nothing shall be erected, placed, planted or allowed to grow in such a manner as to impede vision or in any way create a traffic hazard to motorists, whether the impediment includes entering or exiting any public highway, street, alley, or private street or driveway from or to adjacent private property. 392 FENCING STANDARDS a, Fencing, as herein referred, shall mean any construction or hedge greater than thirty (30) inches in height and of any material, the purpose of which is to provide protection from intrusion (both physical and visual), to prevent escape, mark a boundary, or provide decoration. A wall shall be considered a fence. Dikes and restraining wall for the purpose of retaining soil are not classified as a fence, Acceptable materials for fencing and decorative posts include but are not limited to: brick, stone, masonry; synthetic materials; natural and treated woods; ornamental metal or wrought iron; decorative aluminum or metal having a factory applied non - metallic matte finish, and chain link. (1) PVC and other synthetic materials used for both residential and commercial fencing applications shall meet the minimum quality standards set forth in the ordinance.. (2) Chain link shall only be permitted in 1 -1, 1 -2, and B -2 zoning districts. (3) Corrugated metal panels or materials having similar properties shall not be permitted. Barbed wire fences may be used without restrictions when in conjunction with agricultural and related activities; provided, however, no barbed wire fence shall be located on any platted property which is zoned for single family residential use, d. Electric fences and fence charging devices (UL approved only) are allowed only in conjunction with agricultural and related activities for the purposes of containing horses and livestock, or for the security of crops grown on the premises, and shall be plainly labeled for ease of identification. 393 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 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.) 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 A chain link fence with slat inserts shall constitute an acceptable screening device only for properties zoned B -2, 1-1 and 1 -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 ordinance, the more stringent requirements shall apply. (As amended by Ordinance No. 480 -HH), 39.4 BUFFERYARDS a. Walls and Fences within Bufferyards — Whenever a wall or fence is required within a bufferyard, it shall be eight feet (8) in height and constructed in accordance with the specifications and designs set forth in Section 42.7a. A "finished" side of a wall or fence shall face the residential or less intense use, 39.5 RESIDENTIAL DISTRICTS a. 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. b. 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 ) C, 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 (4) Where fences are provided or required along S. R 114, F. M. 1709, F.M. 1938 (Davis Boulevard and Randol Mill Avenue designated as future F.M 1938 per approved Master Thoroughfare Plan) and portions of Carroll Avenue subject to the Corridor Overlay District shall comply with the Architectural Fencing requirements of the Corridor Overlay District (Section 43.9(c)1 (f). All other fences provided or required along arterials or collectors as designated on the Master Thoroughfare Plan shall meet the following requirements: (As amended by Ordinance No 480 -UUU) i) The fence shall be constructed of one of the following: • masonry, • ornamental metal or wrought iron, • stained cedar board -on -board with cap and masonry columns with a maximum of 14 feet from column center to column center, or • some combination of the above, if approved by the Administrative Official.. ii) For platted subdivisions, the fence shall be consistent in material and color for the entire length of the fence that is adjacent to the subdivision 39.6 NON - RESIDENTIAL DISTRICTS Where a non - residential use abuts a residentially zoned lot or tract or lot having an occupied residential dwelling, a solid fence meeting the material standards of Section 392(b) 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 Y2) 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. (As amended by Ordinance No. 480 -UUU.) b. 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 wail 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 39.6 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 solid fence meeting the material standards of Section 391(b), which meets the requirements of Section 39..6b. (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 ) f- Where fences are provided or required along S.H, 114, F.M. '1709, F.M. 1938 (Davis Boulevard and Randal Mill Avenue designated as future F.M. 1938 per approved Master Thoroughfare Plan) and the portions of Carroll Avenue subject to the Corridor Overlay District shall comply with the Architectural Fencing requirements of the Corridor Overlay District (Section 43.9(c)1(f). All other fences provided or required along arterials or collectors as designated on the Master Thoroughfare Plan shall meet the following requirements: (As amended by Ordinance No. 480 -UUU) (1) The fence shall be constructed of one of the following: • masonry, • ornamental metal or wrought iron, • stained cedar board -on -board with cap and masonry columns with a maximum of 14 feet from column center to column center, or • some combination of the above, if approved by the Administrative Official. (2) For platted subdivisions, material and color for the adjacent to the subdivision.. 397 OUTSIDE STORAGE SCREENING a. All areas used for primary and associated method of screening site plan, development plan or elevation drawings indicating th e proposed to be utilized. the fence shall be consistent in entire length of the fence that is ancillary outdoor storage and the shall be indicated on an approved concept plan along with scaled type of screening and materials 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. (See Exhibit 43 -F) Outdoor commercial displays as permitted by Section 34 are exempted from the requirements herein.. g. 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. 39.8 FENCE MAINTENANCE REQUIREMENTS - A fence or fences shall be maintained by the owner of the property in compliance with the requirements of this section including but not limited to the following maintenance standards: (As amended by Ordinance 480 -1.1 JU ) A fence more than four (4) feet in height shall not be out of vertical alignment more than one (1) foot from the vertical measured at the top of the fence. A fence four (4) feet or less in height shall not be more than six (6) inches from the vertical measured at the top of the fence. b. The owner shall replace broken, damaged, removed or missing parts of a fence within ten (10) days upon receipt of notice from the City 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. The Administrative Official may, upon written notice from the owner that unusual circumstances prevent the timely repair of a fence, extend the replacement time as required. The Administrative Official shall not extend the replacement time longer than reasonably necessary. The owner requesting a replacement time extension shall provide the Administrative Official a written scope and schedule detailing materials and estimated time period of the completed replacement for approval A fence not required by a specific order of the city council, by city ordinance, or by building code, may be completely removed within the 10 day period rather than repaired.. d. A fence shall be maintained in sound structural condition.. e. The property owner shall maintain fences, including those existing prior to the adoption of this section, at all times in a state of good repair, 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. Property owners shall regularly paint fence supports, gates, structural members and exterior surfaces that are covered with paint to prevent rusting, peeling or blistering surfaces_ g. Property owners shall not maintain graffiti, writings and other symbols on a fence except for those which are permitted as signs under Sign Ordinance 704, as amended h- Existing fences that were constructed prior to the adoption of this section that were constructed with materials not currently permitted by this section may be maintained as long as no part of the fence is or becomes unsafe, dilapidated, or a public nuisance. If the Administrative Official determines the existing fence is unsafe, dilapidated, or a public nuisance the fence must be repaired with materials approved by this section or removed. The repairs must be made in complete sections extending a minimum of support post to support post. If the Administrative Official determines the extent of repair on any existing fence (materials in non - compliance) is in excess of fifty (50) percent of the linear length of the total fence or more than a combined 100 linear feet then the entire fence must be replaced with materials approved by this section. The construction of a fence or wall on the property line shall not preclude the property owner's responsibility to maintain and keep the area defined between the property line to the back of curb or edge of the pavement free and clear of debris and high weeds. SECTION 5 This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 6 It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 7 Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000,00) for each offense, Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8 All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No 480, as amended, or any other ordinances affecting zoning yard regulations which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9 The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. SECTION 10 The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least fifteen (15) days before the second reading of this ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance or its caption and penalty in the official City newspaper one time within ten days after final passage of this ordinance, as required by Section 3 13 of the Charter of the City of Southlake. SECTION 11 This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the , day of , 2008. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 2008. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: SECTION 33 SUPPLEMENTARY DISTRICT REGULATIONS (As amended by Ordinance No. 480 -JJJ) (As amended by Ordinance No. 480 -NNN) (As amended by Ordinance No. 480 -UUU) 33.1 GENERAL - Except as specifically authorized to the contrary in this ordinance, the following regulations shall apply in all zoning districts: 33.2 FENCES - Refer to Section 39 for fencing and screening req uirements. fAs amended b Ordinance No. 480 -UUU. , and h edges may b e-p , decorative or. eentaimnent element net to exeeed eight (8) of i n height pr-evided the fella"4iig shall b ane° N o. 480 w - - s• r v a • m-ST9.W.Mmmaw, •� 333 DELETED IN ITS ENTIRETY BY ORDINANCE NO. 480 -UUU. USE OF BARBED 3 AqRE OR ELECTRIC FENCES E. 3 y w w .......... 01 V 33A DELETED IN ITS ENTIRETY BY ORDINANCE NO. 480-C. 33.5 EXCEPTIONS TO HEIGHT REGULATIONS (As amended by Ordinance No. 480 -U.) a. In the districts where the maximum building or structure height shall not exceed two and one -half (2 1 /2) and three (3) stories nor thirty -five feet (35'), water standpipes and 33 -1 water tanks, church spires, belfries, cupolas, ornamental towers (as defined in the adopted Jdnifefm International Building Code), and flagpoles being placed on or above the roof level of a building and not intended for human occupancy may be erected so that the structure exceeds the district's maximum height regulations by fifteen feet (15'), to a height not exceeding fifty feet (50'). However, where structures with the above -noted roof-mounted appurtenances are adjacent to residentially zoned property or property shown as low density residential or medium density residential on the Land Use Plan, there shall be one (1) additional foot added to the required front, side, and year yard setbacks for each one (1) additional foot of height, or part thereof, exceeding the maximum height of the district. The increased yard requirement shall apply only to that portion of the structure that exceeds the maximum height requirement of thirty -five feet (35'). b. Waivers of the height requirements noted in paragraphs a, above may be granted by the City Council, following a recommendation by the Planning and Zoning Commission, when being considered as a part of a concept plan or site plan review. Otherwise, waivers of these requirements may be approved by the Board of Adjustment. C. Sports lighting, communication antennas or communication structures, utility poles and towers, and water tanks are exempt from height restrictions if owned by government entities or public utilities having franchise agreements with the city. d. Limitations on number of stories shall not apply to buildings used exclusively for storage purposes provided such buildings do not exceed the height in feet permitted in the district in which they are located. C. The permitted height of any occupied building or structure shall be further restricted to the capability of the local or available fire fighting equipment to adequately handle any such building height. 33.6 PROTECTIONS OF BUILDINGS STRUCTURES AND APPURTENANCES INTO REQUIRED YARDS a. Terraces, balconies, decks, uncovered porches and ornamental features which do not extend more than four (4) feet from the side wall line, above the floor level of the ground (first) story, may project into a required side yard, provided these projections are a distance of at least eleven (11) feet from any adjacent side lot line. Such features may not project into a required front or rear yard more than eight (8) feet from the front or rear wall line. b. An uncovered, unenclosed porch projecting into the front yard setback may not be more than eighty (80) square feet or project into the front yard setback for a distance of more than five (5) feet. MIN C. Every part of a required ,yard shall be open to the sky, unobstructed by a building, except for the ordinary projections of sills, belt courses, cornices and ornamental features not exceeding twelve (12) inches. Roof eaves may project in required side yards not to exceed thirty (30) inches. d. Gasoline filling station pumps and pump islands maybe located or may project into a required yard provided they are not less than twenty -five (25) feet from any street, highway or alley right -of -way line, and not less than fifty (50) feet from any residential property line. 33.7 MINWUM WIDTH OF ENCLOSED OR PARTIALLY ENCLOSED OPEN SPACE - Where an open space is more than fifty (50) percent surrounded by a building, the minimum width of the open space shall be at least twenty (20) feet for one -story and one and one -half story buildings, thirty (30) feet for two -story buildings, and forty (40) feet for three or more story buildings. 33.8 APPENDICES - The City Council may issue supplementary auxiliary regulations by ordinance and may include them in this ordinance as appendices. Contemplated or already in existence at the writing of this ordinance are the following regulations that may be applicable to proposed development and may or may not be included as an appendix to this basic ordinance: (As amended by Ordinance No. 480 -C) a. Drainage Ordinance No, 482 b. Masonry exteriors required on certain buildings. c. Perimeter Street Ordinance No, 494 d. Subdivision Ordinance. e. Sign Ordinance. f Animal Control that regulates the number and reason for housing animals in certain areas. g. Noise Regulation Ordinance. h. Floodplain or flood hazard ordinances. Sewer Pro Rata Ordinance No. 493 33 -3 319 FRONT YARD ADJUSTMENTS - Front yard requirements as established in the various zoning districts shall be adjusted by the Building Official to achieve consistency and compatibility with surrounding or future public development in the following cases (providing there is no conflict with future street or highway right- of-way requirements): a. Where forty (40) percent or more of the frontage on the same side of a street between two intersecting streets is presently developed or may hereafter be developed with buildings that have (with a variation of ten (10) feet or less) a front yard greater or lesser in depth than herein required, new buildings shall not be erected closer to the street than the average front yard so established by the existing buildings. b. Where forty (40) percent or more of the frontage on one side of a street between two intersecting streets is presently developed or may hereafter be developed with buildings that do not have a front yard as described above, then: Where a building is to be erected on a parcel of land that is within one hundred (100) feet of existing buildings on both sides, the minimum front yard shall be a line drawn between the two closest front corners of the adjacent building on each side; or 1 Where a building is to be erected on a parcel of land that is within one hundred (100) feet of an existing building on one side only, such building may be erected as close to the street as the existing adjacent buildings. C. Interior lots abutting on two streets shall provide the required front yard on both streets. d, On corner lots, a front yard shall be provided on each street frontage unless a platted setback line exists. Front yard requirements in all districts adjacent to an existing or proposed major thoroughfare or secondary thoroughfare street, as designated in the City's latest approved Thoroughfare Plan, shall be measured from such existing or proposed major thoroughfares or secondary thoroughfare street right -of -way line. f No building or structure adjacent to a State or Federal numbered highway, including the frontage/ service roads thereof, shall be located or erected closer than fifty (50) feet from any such right -ofa -way. Said fifty (50) foot front yard may, however, be used for off-street parking, driveways, and permitted signs, canopies, and pump islands of gasoline service stations, 33.10 SIDE YARD ADJUSTMENTS - Side yard requirements as established in the various zoning districts and in Section 42 "Bufferyards" shall be adjusted by the Building Official to achieve 33 -4 consistency and compatibility with surrounding or future public development in the following cases: a. Commercial buildings used in part for dwelling purposes (hotel, motel, and other approved temporary quarters), where permitted, shall provide side yards not less than five (5) feet in width unless every dwelling unit therein opens directly upon a front yard, rear yard or courtyard. b. Where a lot at the time of the effective date of this ordinance has a width of less than fifty (50) feet, the yard on each side of a building may be reduced to a width of not less than ten (1 Q) percent of the width of the lot, but in no instance shall such width be less than four (4) feet. C. On corner Iots of record, the yard adjacent to the side street shall not be less than the required front yard. 33.11 REAR YARD ADJUSTMENTS - Rear yard requirements as established in the various zoning districts and in the Bufferyard Appendix shall be adjusted by the Building Official to achieve consistency and compatibility with surrounding or future public development in the following uses: a. Where a lot abuts an alley, one -half (1 /2) the alley width may be considered as part of the required rear yard. 33.12 LOT AREA PER FAMILY ADJUSTMENT - Lot area per family (dwelling unit) requirements as established in the various zoning districts shall be adjusted by the Building Official to achieve consistency and compatibility with surrounding or future public development in the following cases: a. Where a lot at the time of the effective date of this ordinance has less area or width than herein required in the district in which it is located, said lot may nonetheless be used for a permitted residential use in the district in which it is located. b. Where the conditions relevant to subsections 33.13 and 33.14 exist, then the provisions of said subsections shall prevail regarding lot size adjustments. 33,13 HEALTH REGULATIONS: WATER SUPPLY - If the permitted use is not to be immediately served by an approved municipal water utility or from an approved source on the lot, occupancy shall be prohibited and no certificate of occupancy issued until such domestic water is available. Such water supply shall be provided in adequate and sufficient supply and quality for human use and consumption, and for sufficient operation of an on- premise septic tank and system if no community or public sewer system is available. Individual water supply and piping requirements shall be in conformance with the City's 33 -5 Plumbing Code, and the lot size increased to an appropriate size, if required, to prevent contamination from any sewage disposal system. 3114 HEALTH REGULATIONS: SEWAGE DISPOSAL - If the permitted use is not to be immediately served by a sewage collection system connected to an approved community treatment plant or public sewage facility, then such use shall be connected to an approved on- premise septic tank and subsurface drainage field designed and constructed in conformance with the methods and standards approved by the State Department of Health, City's Plumbing Code, and Ordinance No. 514. Where the use of an on- premise septic tank and subsurface drainage field is to be employed, the minimum lot size must be one acre per family, residence or commercial structure, with a minimum usable area of at least one acre, and the use must be approved by the City Council of the City of Southlake. The minimum usable area requirement of one (1) acre per lot shall exclude all areas of the lot (As amended by Ordinance 480 -JJJ): a. In any flood plains as identified on the Federal Emergency Management Agency (FEMA) FIood Insurance Rate Maps (FIRM); b. In any drainage and flowage easements; and c. Having topographical limitations as regulated under the standards for on -site sewage facilities in the Texas Administrative Code Chapter 285. All lots to be served by a private or septic system must have that system installed in accordance with Ordinance No. 514 and any other applicable city ordinances. Occupancy of any building or structure shall be prohibited and no certificate of occupancy issued unless the provisions of this subsection and of subsection 33.13 are fully complied with. (As amended by Ordinance No. 480 -C.) 33.15 SPLIT LOT ZONING - No zoning shall be approved which creates more than one zoning classification on a lot. (As amended by Ordinance No. 480 -U) 33,16 SIGNS - Unless otherwise specifically provided in this ordinance, the height, spacing, size, location, illumination, construction and other regulation of signs, whether on- premise or off premise, shall be in accordance with the requirements of the currently adopted sign ordinance or any other ordinances adopted by the City regarding sign standards. (As amended by Ordinance No. 480 -U) 33.17 NATURAL WATER BODIES - Nothing within this ordinance is intended to require the fencing or enclosure of any natural water bodies such as Iakes, ponds, creeks or river segments. Man -made facilities of a comparable nature, such as man -made ponds, lakes, stock tanks or drainage ways or likewise are exempted from any fencing or enclosure requirements contained within these regulations, 33.18 NONCONFORMING INDUSTRIAL PROPERTIES - A lot or tract of land which is devoted to industrial use at the time of annexation into the City may be zoned as I -1 or I -2 where deemed appropriate by the City Council without the need for a variance by the Board of 33 -6 Adjustment, notwithstanding the fact that such lot or tract does not meet the minimum lot area for such zoning classification. 33.19 SIDEWALK REQUIREMENTS — For all development requiring a City Council approved site plan, a five (5) -foot wide concrete sidewalk shall be provided along all public streets unless identified in the city's Pathways Plan in which case Ordinance 483, Section 5,06 shall apply. In addition, all non - residential development shall provide pedestrian access to the City's existing or future trail system as identified in any City Council adopted plan. (As amended by Ordinance No. 480 -NNN) 33 -7 SECTION 42 BUFFERYARDS (As amended by Ordinance No. 480 -E) (As amended by Ordinance No. 480 -M) (As further-amended by Ordinance No. 4804d) (As amended by Ordinance No. 480 -TT T) 42,1 PURPOSE AND INTENT - Bufferyards shall be required in accordance with this section to separate different land uses from each other in order to eliminate or minimize potential nuisances such as dirt, litter, noise, glare of lights, signs, and unsightly buildings or parking areas, or to provide spacing to reduce adverse impacts of noise, odor, or danger from fire or explosions. Both the amount of land and the type and amount of planting and specified structures for each bufferyard are designed to lessen nuisances between adjacent land uses or between a land use and a public road. 42.2 DEFINITIONS a. Bufferyard: A bufferyard is a unit of land, together with a specified amount of planting thereon, and any structures which may be required between land uses to eliminate or minimize conflicts between them, b. Canopy Trees: Canopy trees are those contributing to the uppermost spreading branchy layer of a forest and may be commonly referred to as shade trees. c. Accent Trees: Small evergreen or deciduous trees or large shrubs which typically would grow below the top layer of the forest. d. Shrubs: Plants which grow vertically in a multi - branched growth pattern. e. Ground Cover: Low growing, dense spreading plants typically planted from containers. f. Lawn. Grasses: Thin bladed surface growing plants typically planted from seed, sprigs, or plugs. 42.3 LOCATION - Bufferyards shall be located within and along the outer perimeter of a lot or boundary line. Bufferyards may overlap drainage and/or utility easements, however plantings should not impede the flow of water within a drainage easement. Bufferyards shall not be located on any portion of an existing or dedicated public street or right -of -way. 42.4 DETERMINATION OF BUFFERYARD REQUIREMENTS - The requirements herein shall apply to all new nonresidential, community service, multiple - family and two- family construction and certain development adjacent to public rights -of -way as described in Table Two of this section. 42 -1 a. Changes in zoning Any requests for changes in zoning to any district other than agricultural or single family residential districts shall require that all required bufferyards and associated irrigation be installed prior to the issuance of a certificate of occupancy for the proposed use. b. Changes in ownership Changes in ownership of properties without adequate bufferyards shall not require the installation of the required bufferyards. c. Existing g_uilding_s Buildings in existence on the effective date of this ordinance may be considered nonconforming as to bufferyard requirements. The requirements herein shall apply to new construction necessary to replace a nonconforming structure which has been destroyed by any means to an extent of more than fifty percent (50 %) of its replacement cost at the time of destruction. New construction which increases the square footage of the existing building by thirty percent (30 %) or greater or which exceeds 5000 square feet shall be required to meet the bufferyard requirements herein. d� Leased pad site developments Pad site developments which are ground leases (as opposed to separate platted lots) and a part of a larger planned commercial center shall be required to provide bufferyards along the perimeter of the project, but shall not be required to provide bufferyards along lease lines common to the larger commercial center~ e. Refer to Tables One, Two, or Three to determine the type of bufferyard required between two adjacent parcels or a parcel and a roadway. The letter designations contained in the tables refer to the different bufferyards described in Illustration A, "Illustration of Bufferyards" attached to this section. f. In all tables the applicant should begin along the left column by determining the zoning of their tract and then horizontally match the appropriate column corresponding to the zoning on the adjacent tract to determine the required bufferyard. The following is a summary of all bufferyards. Plant materials required are per 100 linear feet of property line. However, the width of approved drives crossing a bufferyard maybe deducted from the length of the property line when calculating the required plantings. All bufferyards have the option of reducing the required plantings by twenty percent (20 %) if the width of the bufferyard is doubled, Canopy Accent Buffelyard Trees Trees Shrubs Width Note A 1 2 8 5' B 2 3 10 10' C 3 4 12 10' D 4 5 18 10' E 1 2 8 10' Hedge-14 1 42 -2 Fl 3 6 8 10' Fence -F 1 F2 4 8 12 10' Fence -F2 g. Existing Plant Credits: Existing trees which are within fifty feet (50) of the property line and have a minimum of fifty percent (50 %) of the drip line within the bufferyard area shall be granted credits toward reducing the required plantings as set forth in the Landscape Ordinance, as amended. Existing trees between 2 "caliper and 6" caliper which are within the bufferyard may be granted credits on a 1 for 1 basis. (As amended by Ordinance No. 480 -JJ.) 42,5 REQUIREMENT OF PLANT MATERIALS a. Minimum plant size when planted shall meet the requirements set forth in the Landscape Ordinance, as amended. (As amended by Ordinance No. 48041) b, Plant materials shall be appropriate for the region and local soil conditions and shall be planted in accordance with good horticultural practice. Plants selected should require only low maintenance and should be hardy as to temperature and drought. The following is a list of representative plants within each plant material type. The applicant may propose plants other than those listed if the plant seems appropriate for the intended use, Canopy Tree Accent Tree -- -__ - -- Shrubs Pecan Bradford Pear Photinia Fraseri Cedar Elm Redbud Eleagnus Red Oak Yaupon Tree Dwarf Yaupon Live Oak Vitex Dwarf Burford Holly Bur Oak Crape Myrtle Dwarf Chinese Holly Lacebark Elm Jap. Black Pine Flowering Quince Chin. Pistache Slash Pine Forsythia Austrian Pine Tx, Mtn, Laurel Spiraea c� The City reserves the right to approve plants and planting through an appointed horticultural i st, landscape architect, or other persons so qualified. d. All bufferyards, unless lawn grass or ground cover is already established, shall be seeded with lawn grass or planted with ground cover so as to assure coverage within three years. 42,6 SUBSTITUTION OF PLANT MATERIALS - Specific planting requirements for canopy trees, understory trees, shrubs, and evergreens /conifers are set forth in the various bufferyards illustrated in Illustration A. Any existing plant material which otherwise satisfies the requirements of this section may be counted toward satisfying all requirements. 423 REQUIRED STRUCTURES 42 -3 a. Fences- F 1 sx'alls wad F enees: it Ff s eefigi i. A " fh i� " side of a wall er n hall fa ee t he residen er less in e LYC e ITI� 8' weed -o a ue fence meeting the material requirements in Section 39.2b. b. Masonry Wall — F2: An 8' masgm wall meeting the material req uirements in Section 39.2b. (Removed Illustration_B) bc. Hedges - H1: A hedge of plants obtaining a mature height greater than three feet (3'). When planted, this hedge shall be a minimum of two feet (2') in height and planted no further than thirty inches (30 ") on center. ed. Berms - B 1: A berm having a minimum height of three feet (3') and maximum 3:1 side slopes may be substituted for the Hedge - H1 when adequate bufferyard width ( minim um 20' width) is provided. 42.8 OPTIONAL BUFFERYARDS a, The applicant may choose to provide a more intense bufferyard than the required bufferyard (i.e., provide a fence and reduce plantings). Bufferyard Optional Required by Tables Bufferyards A-------------------------- - - - -B, C, D, E B ------------------------------ C,D,F 1 C ------------------------------ D,h 1 D------------------------- - - - - -F 1 E------------------------------ B,C,D F 1-------------------------- - - - -F2 F2---------------------- - - ---- -NONE 419 DESIGN OF BUFFERYARD - The exact placement of required plants and structures shall be the decision of each user except that the following requirements shall be satisfied: a. Plant material shall be credited to meet only one bufferyard (Le., plants on corners do not satisfy two bufferyards). b, Hedge/Berm locations: Hedges and/or berms as required herein shall be placed adjacent to all parking areas along a public R.O.W.; however, in no instances will the required hedge/benn cover less than seventy -five percent (75 %) of the length of the property line to be buffered. 42 -4 4110 USE OF BUFFERYARDS - A bufferyard may be used for passive recreation, such as pedestrian, bike, or equestrian trails, provided that: (a) no plant material is eliminated; (b) the total width of the bufferyard is maintained; and (c) all other regulations of this ordinance are met. In no event shall the following uses be permitted in a bufferyard: playfields, stables, swimming pools, tennis courts or similar facilities, accessory buildings, parking facilities, or trash dumpsters. 4111 CHANGES IN REQUIRED BUFFERYARDS - Where the bufferyard required between a land use and vacant land turns out to be greater than that bufferyard which is required between the first use and the subsequently developed use, the following options apply: a. The initial existing use(s) may expand into the original bufferyard, provided that the resulting total bufferyard meets the bufferyard requirements of this section. b. The existing use(s) may enter into agreements with abutting landowners to use its existing bufferyard to provide some or all of the required bufferyard to both land uses, The total bufferyard shall equal the minimum requirements of this section, Provided that such an agreement can be negotiated, the initial use may provide the second use some or all of its required bufferyard and/or extra land on which it might develop. The existing use may reduce its excess bufferyard by transferring part or all of the excess bufferyard to the adjoining landowner to serve as its bufferyard. Any remaining excess buffer area may be used by the existing use for expansion of that use or for transfer by it to the adjoining landowner to expand that adjoining use. 42.12 CONTRACTUAL REDUCTION OF BUFFERYARD ABUTTING VACANT LAND - When a land use is proposed adjacent to vacant land, and the owner of the vacant land enters into a contractual relationship with the owner of the developing land use, a reduced bufferyard may be provided by that first use, provided that the contract contains a statement by the owner of the vacant land of an intent to develop at no greater intensity than specified in the agreed upon zoning category; and an agreement by that vacant landowner to assume all responsibility for additional bufferyards if needed at the time of development of the vacant land. 4113 MAINTENANCE a. Maintenance of bufferyards shall be in accordance with the requirements set forth in the Landscape Ordinance, as amended. (As amended by Ordinance No. 480 -JJ) b. Lack of maintenance shall constitute a violation of this ordinance. (As amended by Ordinance No. 480 -JJ.) 42,14 MODIFICATIONS - Whenever there are practical difficulties involved in complying with the provisions of this ordinance, the Landscape Administrator may grant modifications in individual cases provided he shall first find that a special individual reason makes strict compliance with this ordinance impractical; that the modification is in conformity with the intent and purpose of this ordinance; and that the proposed modification is at least the 42 -5 equivalent of the requirements prescribed by this ordinance. Such modification may only be made upon written application filed with the Landscape Administrator and the details of any action granting a modification shall be recorded and entered into the files of the City. 42.15 VARIANCES - The responsibility for granting variances shall be as follows: a. City Council: On all site plans and concept plans requiring review by the Planning and Zoning Commission and approval by the City Council, variances to the bufferyards may be granted by the City Council. b. Board of Adjustment: On all other site plans, variances to the bufferyards may be granted by the Board of Adjustment. 42.16 ENFORCEMENT - All bufferyards shall be installed, irrigated and properly maintained prior to the issuance of a certificate of occupancy for new construction described in Section 42.4 of this ordinance. All other construction not required to install bufferyards prior to the issuance of a certificate of occupancy shall not encroach into these areas with uses described in Section 42, 10 of this ordinance. It shall be the responsibility of the Landscape Administrator to confirm the adequacy of the installed bufferyard. (As amended by Ordinance No. 480 4.1) 4217 LANDSCAPE ORDINANCE - All the requirements within the Landscape Ordinance, as amended, shall apply to the bufferyards. Where any conflict does exist, the more restrictive requirement shall apply. (As amended by Ordinance No. 48041) :1 Wei W f� V z � lei Z © d as Q HO o� F wQ U� Q a� 0 O N 'CS CC1 CIO C.C1 C.? 3 0 �s W . t+W Q� b C/7 r r L� V 2 W a H w U w LN to C a. t7 � 7 G1 F a rr Ep cn 5 U 6 U R u.. t� U a n 0 e 0 . z 0 u ca U C C C U u k-0 C C v cn C A Q � �r X11 1111■ mill 11111111 1111 � ■ n■ IYII 11111 ■111 11 gill n 11 lill 111 mill F lo 1 1 siv �ii m �I 1 ■1� a rr Ep cn 5 U 6 U R u.. t� U a n 0 e 0 . z 0 u ca U C C C U u k-0 C C v cn C A Q � �r TABLE TWO BUFFERYARDS ADJACENT TO R.O.W. (As amended by Ord. 480 -E.) This table shall be used to determine the bufferyard requirements along any public right -of -way. STREET CLASSIFICATION Zoning of State 1938 Arterial Collector-70'R.0 W. Developing Hwy & 84790' Land Use Desig Across St. Res.. Tract 114/26 1709 R.O.W. Indust. Mixed Public Ices. Street AG CS E E E RE B B B SF1A B B B SF1B B B B SF30 B B B SF20A B B B SF20B B B B MF1 C C C A A A A A MF2 C C C A A A A A 01 E E E A A A I A B 02 E E E A A A A B C -1 E E E A A A B C C -2 E E E A A A B C C -3 E E E B B B B C C -4 E E E B B B B C B -1 E E E B B B C D B -2 E E E B B B C D I -I D D D B B C C D 1 -2 D D D B B C C D MH C C C B B C C D HC E E E B B B B C * No bufferyard required In PLTD, S -P -I and S -P -2 zoning districts, the nearest zoning category applicable to the predominant or prevailing use of a parcel shall be used for purposes of determining the bufferyard. 42 -8 TABLE THREE BUFFERYARDS ADJACENT TO UNDEVELOPED PROPERTY (As amended by Ord. 480 -E.) This table shall be used to determine the bufferyard requirements adjacent to tracts that are not zoned, or legal non - conforming land use LAND USE DESIGNATION OF ADJACENT TRACT Zoning of Developing Mixed Medium Low Density Tract Public Industrial Use Residential Residential AG CS * * A B C RE * * + SFIA SFIB SF30 SF20A SF20B MF1 A * A F F M92 A * A F1 FI 01 A * A F1 F1 02 A * A FI F1 C -1 A * B F1 F1 C -2 A * B F1 F1 C -3 B * B F1 F1 C -4 B * B F1 F1 B -1 C * C F1 F1 B -2 C * C F1 F1 1 -1 D A F1 F2 F2 I -2 D A F I F2 F2 MH C * C F Fl HC B * B C D * No bufferyard required. In PUD, S -P -1 and S -P -2 zoning districts, the nearest zoning category applicable to the predominant or prevailing use of a parcel shall be used for purposes of determining the required bufferyard. EMI ILLUSTRATION "A" ILLUSTRATION OF BUFF'ERYARDS (As amended by Ord. 480 -E.) Required Plants Per 100 Linear Width 1 -- w- - -- Canopy Trees 2.- , ------ Understory Trees 0------- Shrubs J Width shall be 5 feet. A. width of 10 feet may be used in combination with a 20 reduction in plants., Require, Plants Per 100 Linear Width 2- - - - - -- canopy Trees 3 --- -- Understory Trees 1.0 ------- Shrubs Width shall be 10 feet. A width of 20 feet may be used in combination with a � 20 � reduction in plants. Less Intense Use Property Line Bufferyard A Less Intense Use Property Line Bufferyard B Required Plants Per 1110' Linear Width Less 3-- Trees Intense 4 ------- Understory Trees Use 12--- , -- -- Shrubs Width shall be 10 width of 20 feet in combination with reduction in plants. Property feet. A Line may be used a 20 % Required Plants Per 100 Linear ._Wi 4 -- ----- Canopy Trees 5 ------- Understoxy Trees 18 - -- --Shrubs Width shall be 10 feet. A width of 20 feet may be used in combination with a 20 % reduction in plants. Bufferyard C Less Intense Use Pro perty Line Bufferyard D More Intense Use More Intense Use More Intense Ilse More Intense Use 42-10 Required Plants Per 100` Linear Width 1­------Canopy Trees 2 -------- Understory Trees ,. 8 - - - -- Shrubs Width shall be 10 feet. A width of _ feet may be used in combination wi th a 20 $$ reduction in plants., Required, Plants Per 100 Width 3---- ---- Canopy Trees 5- -- _--- Understory Trees 8--- ----Shrubs Width shall. be 10 feet. A width of 2 0 feet may be used in combination with a � 20_ reduction in plants. Required Plants Per 100' Linear Width q - - Canopy Trees g ------- Understory Trees 12-- - -- - -- Shrubs Less ltd' Intense Use or R.O. W. ` �.'s"i - , Berm =B l - '" °"._ "r � .r _ Property .ti i Line Buf feryard _ Z Width shall be 10 feet. A width of 20 feet may be used in combination with a 20 � reduction in plants. 42 - 11 Less Intense Use F ence= l * Property Line Bufferyard �'1 Less Intense Use Fence =F2* Property Line Sufferyard F2 More Intense Use More Intense: Use More Intense Use SECTION 39 SCREENING AND FENCING (As amended by Ordinance No. 480 -HH) (As amended by Ordinance No. 480 -LL) (As amended by Ordinance No. 480 -UU) As amended by Ordinance No. 480- T-TTUU 39.1 P- .1-- -- GENERAL - Except as otherwise provided in this ordinance. fences. walls. and hedges may be perniitted in any zoning district. in any required yard. or along the edge of any and as a screening. decorative or containment element not to exceed eight $ feet in height. rovided the following shall be observed: moved roan Section 33.? a. At Intersections - On a corner lot in any district. nothing shall be erected. laced. P lanted. or allowed to grow excep in accordance with the site triangle provision as defined in the Subdivision Ordinance No. 483 as now existing or hereafter amended. b. At Interior Lots - On an interior lot in any district nothing shall be erected. placed. p lanted or allowed to grow in such a manner as to impede vision or in any way create a traffic hazard to motorists. whether the impediment includes entering or exiting an p ublic highway. street. alley. or private street or driveway from or to adjacent private property. 39.2 FENCING STANDARDS a. Fencina. as herein referred. shall mean any construction or hedge greater than this 30 inches in height and of any material. the p which is to provide rotection from intrusion both physical and visual). to prevent escape. mark a boundar . or p rovide decoration. A wall shall be considered a fence. Dikes and restraining wall for the pjUgse of retaining soil are not classified as a fence. b. Acceptable materials for fencing and decorative posts include but are not limited to: brick. stone_ masonry: synthetic materials: natural and treated woods: ornamental metal or wrought iron. decorative aluminum or metal having a factory applied non- metallic matte finish. and chain link. 1 PVC and other synthetic materials used for both residential and cornnzercial fencing applications shall meet the minimum q uality standards set forth in the ordinance. Chain link shall only be p ermitted in I -1. I -2. and B -2 zoning districts. 39 -1 � y V 39.2 FENCING STANDARDS a. Fencina. as herein referred. shall mean any construction or hedge greater than this 30 inches in height and of any material. the p which is to provide rotection from intrusion both physical and visual). to prevent escape. mark a boundar . or p rovide decoration. A wall shall be considered a fence. Dikes and restraining wall for the pjUgse of retaining soil are not classified as a fence. b. Acceptable materials for fencing and decorative posts include but are not limited to: brick. stone_ masonry: synthetic materials: natural and treated woods: ornamental metal or wrought iron. decorative aluminum or metal having a factory applied non- metallic matte finish. and chain link. 1 PVC and other synthetic materials used for both residential and cornnzercial fencing applications shall meet the minimum q uality standards set forth in the ordinance. Chain link shall only be p ermitted in I -1. I -2. and B -2 zoning districts. 39 -1 j3 Corrugated metal panels or materials having similar propeilies shall not be permit c. Barbed wire fences may be used without restrictions when in conjunction with agricultural and related activities: provided. however. no barbed wire fence shall be located on any platted R roperty which is zoned for single family residential use. Onoved >r -arn Section 33.3) d. Electric fences and fence charging devices UL approved only are allowed only in conjunction with agricultural and related activities for the p=oses of containin horses and livestock. or for the security of crops grown on the premises. and shall be plainly labeled for ease of identification. (movedfoin Section 33.3) 39.23 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 feet in height but not mare t , eight (8)4 t-in heig 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 B -2. I -1 and 1 -2 which are not located adjacent to a 39 -2 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 ordinance, the more stringent requirements shall apply. (As amended by Ordinance No. 480 -HH). 39.4 BUl~ lµ ERYARD S ` V w - - V V C mo w. �. an �1NLLY'�I�l�L DY YryrY►Y�YY:JY: J� J ji .• Y V - Y l.L M Mi.fT1R�= :lR 1}"i9 y .. j: C Ia.. Walls and Fences within Buffervards — Whenever a wall or fence _is... required within a bufferyard. it shall be-be 4K-eight feet (68') in height and constructed in accordance with the specifications and designs set forth in lllustfa ieR A-. "Ill , f ne s Section 42.7a. A "finished" side of a wall or fence shall face the residential or less intense use. ffi�en? Se�,�' z, 39 -3 M -2 Lyn U i - ` V w - - V V C mo w. �. an �1NLLY'�I�l�L DY YryrY►Y�YY:JY: J� J ji .• Y V - Y l.L M Mi.fT1R�= :lR 1}"i9 y .. j: C Ia.. Walls and Fences within Buffervards — Whenever a wall or fence _is... required within a bufferyard. it shall be-be 4K-eight feet (68') in height and constructed in accordance with the specifications and designs set forth in lllustfa ieR A-. "Ill , f ne s Section 42.7a. A "finished" side of a wall or fence shall face the residential or less intense use. ffi�en? Se�,�' z, 39 -3 39.45 RESIDENTIAL DISTRICTS _ - � � • - v 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. 4 Fees Where fences are provided or required alone S.H. 114. F.M. 1709. F.M. 1938/ (Davis Boulevard and Randol Mill Avenue designated as future F.M. 1938 p er a roved Master Thorouahfare Plan ) and portions of Carroll Avenue sub'ect to the Corridor Overlay District shall comply with the 39 -4 Architectural Fencin re uirements of the Corridor Overlay District f Section 43.9 c 1 . All other - fences provided or required along arterials or collectors as designated on the Master Thorouahfare Plan: shall meet the following re uirements: As amended by Ordinance No. 480 -T-T-TUUU i The fence shall be constructed of one of the following: • masonry, • ornamental metal or wrought iron, • stained cedar board -on -board with cap and masonr y columns with a maximum of 14 feet from column center to column center. or • some combination of the above. if approved by the Administrative Official. ii) For platted subdivisions. the fence shall be consistent in material and color for the entire leneth of the fence that is adjacent to the subd ivision. 39.64 NON - RESIDENTIAL DISTRICTS « " • hC�'.� ir'rirrw...rCanrrw . r..a «r ' - - .w . r' _ « b Where a non- residential use abuts a residentially zoned lot or tract or lot having an occupied residential dwelling, a m e solid fence meeting the material standards of Section 39.2(b) epee sefe ening deviee.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 1 /2) 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. (As amended by Ordinance No. 480- T- TTUUU. 39 -5 C. 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.) e 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 39.46.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 s ,.,..-,,,., n wall ^wsolid fence meetin the material standards of Section 39.2(b). which meets the requirements of Section 39.46b (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.) Where fences are provided or req uired along S.H. 114. F.M. 1709. F.M. 1938 (Davis Boulevard and Randal Mill Avenue desigliated as future F.M. 1938 pe r approved Master Thoroughfare Plan ) and the portions of Carroll Avenue subject to the Corridor Overlay District shall comply with the Architectural Fencing requirements of the Corridor Overlay District Section 43.9 c 1 All other fences provided or re uired along arterials or collectors as desi hated on the Master Thoroughfare Plan shall meet the following requirements: As amended by Ordinance No. 480 -UUU) (1) The fence shall be constructed of one of the following: • masonry, • ornamental metal or wrought iron. • stained cedar board -on -board with cap and masonry columns with a maximum of 14 feet from column center to column center. or • some combination of the above. if avvroved by the Administra Official. 39 -6 ? For platted subdivisions. the fence shall be consistent in material and color for the entire length of the fence that is adjacent to the subdivision. 39.57 OUTSIDE STORAGE SCREENING 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 off=er 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. C. 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. (See Exhibit 43 -F) Outdoor commercial displays as permitted by Section 34 are exempted from the requirements herein. g. 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. 39.58 FENCE MAINTENANCE REQUIREMENTS - A fence or fences shall be maintained by the owner of the property in compliance with the requirements of this section including but not limited to the following maintenance standards; As amended by Ordinance 480- TTTUUU. a. A fence more than four ( 4 feet in height shall not be out of vertical alignment more than one _( foot from the vertical measured at the top of the fence. A fence four (4) feet or less in height shall not be more than six (6) caches from the vertical measured at the top of the fence„ 39 -7 b. The owner shall replace broken. damaged. removed or missing parts of a fence within ten 10 days upon receipt of notice frorn the City with the same material. or material with comparable composition. color. size. shape and quality of the orig inal fence to which the repair is being made. The Administrative Official ma . upon written notice from the owner that unusual circumstances revent the timely repair of a fence. extend the replacement time as required. The Administrative Official shall not extend the re lacement time longer than reasonably necessary. The owner requesting a rep lacement time extension shall p rovide the Administrative Official a written scope and schedule detailin materials and estimated time period of the completed replacement for approval. C, A fence not required by a specific order of the city council. by city ordinance. or by building code, maE be completely removed within the 10 day period rather than repaired. d. A fence shall be maintained in sound structural condition. e. The pronerty ow�ier shall maintain fences. including those existirzg_ Prior _ to the adoption of this section. at all tinges in a state of good repair. safe and secure condition. with all braces, bolts. nails. supp orting frame and fastenings free from deterioration. tennite infestation. rot, rust or loosening. and able to withstand at all times the wind pressure for which they were designed. f. Prop owners shall regularly paint fence supports. gates. structural members and exterior surfaces that are covered with paint to prevent rusting. peeling or blistering surfaces. g. Property owners shall not maintain graffiti. writings and other symbols on a fence except for those which are veimitted as signs under Sign Ordinance 704, as amended. h. Existing fences that were constructed prior to the_ _adopt of this section that were constructed with materials not currently ennitted by this section may be maintained as long as no p art of the fence is or becomes unsafe. dilapidated. or .. a public nuisance. If the Administrative Official determines the existing fence is unsafe. dilapidated. or a public nuisance the fence must be repaired with materials approved by this section or removed. The repairs must be made in complete extending a minimum of support post to support post. If the Administrative Official determines the e xtent of repair on any existing fence materials in non-compliance) is in excess of fifty 50 percent .... the linear length of the total fence or more than a combined 100 linear feet then the entire fence must be replaced with materials approved by this section. i. The construction of a fence or wall on the propeLty line shall not preclude the ro ertv owner's responsibil to maintain and keep the area defined between 39 -8 the property line to the back of curb or edge of the pavement free and clear of debris and high weeds. 39 -9