Item 8C Section 39 (2)SECTION 39
�C"RF.F.NTNCT
(As amended by Ordinance No. 480 -LL)
39.1 GENERAL - Except as otherwise required in conjunction with a buff'eryard, screening ofuses
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.
C. 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.)
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.)
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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).
39.3 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.
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39.4 NON - RESIDENTIAL DISTRICTS
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 ''/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.
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 (G) 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.)
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39.5 OUTSIDE STORAGE
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, &ieept
(See Exhibit 43 -F). Pd..,, the i ff... aiid eNqepAs
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with a- eitt, appFON'OEI feSti-Val OF aFkOtpl commercial display as - - Formatted: Highlight
permitted by Section 34 are exempted from the requirements herein.-
h-. g.
P rimar y Outdoor_ - - Formatted: Highlight
Storage shall be screened with a IVpe III screening device unless the items stored
are otherwise exempted from screening requirements of this Section.
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