Notwithstanding the setback requirements of section 10-3-1952 of this article, no person shall erect, construct, or enlarge any building, structure or improvement on a nonresidential site adjacent to a residential zone unless that person constructs a wall along the property line separating the residential and nonresidential uses.
A. Nonresidential Site That Abuts An Alley: If the nonresidential site is separated from the residential zone by an alley, then a three foot (3') high solid masonry wall shall be constructed and maintained along the property line that abuts the alley. There shall be no opening in such wall; provided, however, there may be an opening a maximum of twenty five feet (25') wide in such wall as is necessary to accommodate a driveway providing access to the parking area or loading dock of the structure from the alley when such access is otherwise permitted by the city engineer or the director of building and safety. The director of planning and community development, pursuant to article 36 of this chapter, may permit openings not exceeding a width of five feet (5') in such wall as is necessary to accommodate building code requirements if the director of planning and community development finds that the proposal will be compatible with the adjacent residential area.
1. Materials Allowed: A reviewing authority may allow the use of any wall material other than masonry, and may further allow a wall constructed of material other than masonry to be a maximum height of three feet six inches (3'6"), provided the reviewing authority finds that the alternative wall material or design and the additional height will not have a substantial adverse impact on the adjacent residential property.
2. Minor Accommodation: Notwithstanding the provisions of this subsection A, a reviewing authority may issue a minor accommodation pursuant to article 36 of this chapter to allow an opening of up to thirty feet (30') in width in a wall along the property line that abuts the alley, provided the reviewing authority finds that the increased size of the opening will not have a substantial adverse impact on traffic safety, noise, the scale and massing of the streetscape, or garden quality of the city.
B. Nonresidential Site That Abuts A Residential Rear Property Line: If the nonresidential site abuts the rear property line of a residential site, then a solid masonry wall shall be constructed and maintained along the nonresidential property line. The height of the wall shall be at least six feet (6'), but shall not exceed the maximum height permitted along the abutting residential property line.
1. Minor Accommodation: Notwithstanding the provisions of this subsection B, a reviewing authority may issue a minor accommodation pursuant to article 36 of this chapter to allow a wall of up to ten feet (10') in height along a property line abutting a residential rear property line, provided the reviewing authority finds that the wall will not have a substantial adverse impact on traffic safety, the scale and massing of the streetscape, or garden quality of the city.
A reviewing authority may also issue a minor accommodation to allow for any wall material other than masonry, provided the reviewing authority finds that the choice of alternate wall material will not have a substantial adverse impact on the privacy, security or residential quality of the adjacent residential property.
C. Nonresidential Site That Abuts A Residential Side Property Line: If the nonresidential site abuts the side property line of a residential site, then a solid masonry wall shall be constructed and maintained along the nonresidential property line. Within the area abutting the front yard of the residential property, the wall shall be constructed at the maximum height permitted along the abutting residential property line. Within all other areas, the height of the wall shall be at least six feet (6'), but shall not exceed the maximum height permitted along the abutting residential property line.
1. Minor Accommodation: Notwithstanding the provisions of this subsection C, a reviewing authority may issue a minor accommodation pursuant to article 36 of this chapter to allow a wall of up to ten feet (10') in height along a property line abutting a residential side property line, provided the reviewing authority finds that the wall will not have a substantial adverse impact on traffic safety, the scale and massing of the streetscape, or garden quality of the city.
A reviewing authority may also issue a minor accommodation to allow for any wall material other than masonry, provided the reviewing authority finds that the choice of alternate wall material will not have a substantial adverse impact on the privacy, security or residential quality of the adjacent residential property.
D. Finish: All walls constructed pursuant to this section shall be finished on each side of the wall. (Ord. 81-O-1797, eff. 6-11-1981; amd. Ord. 96-O-2270, eff. 11-27-1996; Ord. 98-O-2293, eff. 4-17-1998; Ord. 01-O-2389, eff. 1-10-2002; Ord. 02-O-2395, eff. 4-5-2002)