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8.1 Fences and walls
8.3 Outdoor lighting
8.5 Exterior building material standards in the Central Business District
8.6 Building design standards for commercial, office, industrial, and institutional uses
8.7 Drive through windows
8.1.1 Applicability. The provisions of this section shall apply to all new construction, redevelopment, or replacement of fences or walls not required for support of a primary or accessory structure, or any other linear barrier intended to delineate different portions of a lot. In the event of any inconsistency between the provisions of this section and any screening standard in § 8.2, Screening, the latter shall govern.
8.1.2 General requirements for fences and walls.
(A) Location. Fences are permitted on, or at any location inward from, the property line between two or more parcels of land held in private ownership.
(B) Temporary fences. Temporary fences for construction sites or a similar purpose shall comply with all requirements in this ordinance.
(C) Fences in easements. Fences shall be prohibited within public and private utility easements. The town shall not be responsible for damage to, or the repair or replacement of, fences that must be removed to access such easements. In no instance shall this provision be construed to prevent fencing around stormwater retention or detention facilities if the owner desires.
(D) Blocking natural drainage flow. No fence shall be installed so as to block or divert a natural drainage flow on to, or off of, any other land.
(E) Fences on retaining walls or berms. If a fence is constructed on top of a retaining wall or berm, the combined height of the fence and the wall or berm shall not exceed the maximum height that would apply to a fence or wall alone.
(F) Fences and walls within required buffers and landscaping areas. Fences and walls shall be installed so as not to disturb or damage existing vegetation or installed plant material. The perimeter fencing or wall for a subdivision or other development shall be of a uniform, approved style that meets the standards of this section.
8.1.3 Height requirements for fences and walls. All fences and walls shall conform to the following standards. In all cases, heights are measured from natural grade.
(A) Residential. In the residential districts, with the exception of fencing for livestock, horses, ponies, mules, or donkeys, fences shall not exceed a height of four feet in front yards. Walls shall be limited to a maximum height of three feet in front yards. Walls and fences located behind the front building line shall not exceed six feet in height. If a fence is constructed on top of a retaining or other wall, the combined height of the fence and wall shall not exceed the maximum height that would apply to a fence or wall alone.
(B) Nonresidential. In the nonresidential districts, with the exception of properties where the primary use is the display of automobiles and equipment for sale, fences and walls, except for retaining walls, shall not be permitted in front setback areas, and shall not exceed a height of six feet when located in front yards or within 20 linear feet of a public right-of-way in a side or rear yard. Fences and walls shall not exceed eight feet in height in all other areas. If a fence is constructed on top of a retaining or other wall, the combined height of the fence and wall shall not exceed the maximum height that would apply to a fence or wall alone.
(D) Exemption for recreational fencing. Customary fencing provided as a part of a permitted tennis court, athletic field, or other recreational facility shall be exempt from the height restrictions of this division 8.1.3.
(E) Exemption for safety. Major utilities, government facilities, and other public uses shall be exempted from these standards as needed to ensure safety and security.
(F) Exemption for livestock, horses, ponies, mules, or donkeys. Fencing for livestock, horses, ponies, mules, or donkeys should be adequate to keep the animals safely enclosed without creating a nuisance or danger to adjacent properties. Fencing for livestock, horses, ponies, or mules must be approved by the Ordinance Administrator using the same review standards set out in division 7.4.3(L)(2).
8.1.4 Perimeter fences and walls abutting public rights-of-way. Perimeter fences or walls abutting a public or private right-of-way shall:
(A) Be of a uniform style;
(B) Be located entirely outside of the right-of-way; and
(C) Be located outside of any required landscaping area.
8.1.5 Visibility clearance. Fences and walls may not be placed in any location that would obstruct the vision of motorists or pedestrians, or otherwise create a safety hazard.
8.1.6 Regulation of certain fencing materials.
(A) Chain link and metal slat fencing. Fences and walls constructed of chain link or metal slats shall be prohibited within the front yard in all residential districts.
(B) Barbed wire and above ground electrified fences. Except as needed for agricultural uses, major utilities, government facilities, and other public safety uses, barbed wire fences and above ground electrified fences are prohibited in all zoning districts. Underground electric fences designed for control of domestic animals are permitted. Barbed wire may be permitted by the Ordinance Administrator around the top of an otherwise conforming fence in nonresidential zoning districts where the applicant can show that the barbed wire is necessary to discourage entry by unauthorized persons. Above ground electric fences for horses, ponies, mules, or donkeys may be allowed by the Ordinance Administrator.
(C) Debris, rolled plastic, sheet metal, plywood, or other waste materials. Fences or walls made of debris, junk, rolled plastic, sheet metal, plywood, or waste materials are prohibited in all zoning districts.
8.1.7 Appearance of fences and walls.
(A) Customary materials. Fences and walls shall be constructed of customary materials, including solid wood, brick, masonry, stone, wrought iron, decorative metal materials, or products designed to resemble these materials. Where specific materials are required for particular types of screening or buffering fences or walls, all other fence materials are prohibited.
(B) Finished side to outside. Wherever a fence or wall is installed, if one side of the fence or wall appears more “finished” than the other (i.e., one side has visible support framing and the other does not), then the more “finished” side of the fence shall face the perimeter or outside of the lot, rather than facing the interior of the lot.
(C) Uniformity of materials on a single lot side. All fencing or wall segments located along a single lot side shall be composed of a uniform material and shall be of a uniform color.
(D) Maintenance required. All fences and walls shall be maintained in good repair and in a safe and attractive condition, including, but not limited to, the replacement of missing, decayed, or broken structural and decorative elements. All fences and walls shall receive regular structural maintenance to prevent and address sagging and the weathering of surfaces visible from the public right-of-way. Any deteriorated, damaged, or decayed fence materials shall be promptly repaired, and any fence or wall post or section that leans more than 20 degrees from vertical shall be promptly repaired to correct the condition and restore the fence to an upright, vertical position.
Screening shall be required in order to conceal specific areas of high visual impact from both on-site and off-site views. Such areas shall be screened at all times, unless otherwise specified, regardless of adjacent uses, districts, or other proximate landscaping material.
8.2.1 Items to be screened.
(A) Large waste receptacles (dumpsters) and refuse collection points (including cardboard recycling containers);
(B) Loading and service areas;
(C) Outdoor storage areas (including storage tanks) unless otherwise excepted from the outdoor storage screening requirement; and
(D) Ground level mechanical equipment and utility meters.
8.2.2 Screening methods. The following items are permitted for use as screening materials. Alternative screening materials that are not listed may be used if it is determined they are comparable to these screening materials.
(A) Vegetative material. Planting materials meeting the standards for a Type B buffer.
(B) Berms. Earthen berms shall measure at least two feet in height. Berms shall be covered with grass and shall be planted with other landscaping materials consistent with the requirements for a Type B buffer.
(C) Fencing. An opaque wooden fence, or a plastic, or vinyl designed fence that is configured to appear as an opaque wooden fence, measuring at least six feet in height, but not exceeding eight feet in height, that is consistent with the standards in § 8.1, Fences and Walls. When wood is utilized, only treated wood or rot-resistant wood, such as cypress or redwood, shall be used. Chain link, barbed wire, stock wire, hog wire, chicken wire, and similar type fences are not permitted unless specifically allowed by another section of this ordinance.
8.3.1 Purpose. The purpose of this section is to control light spillage and glare so as not to adversely affect motorists, pedestrians, and land uses on adjacent properties. More specifically, this section is intended to:
(A) Control lighting to assure that excessive light spillage and glare are not directed at adjacent properties, neighboring areas, and motorists;
(B) Ensure that all site lighting shall be designed and installed to maintain adequate lighting levels on site; and
(C) Provide security for persons and land.
8.3.3 Exemptions. The standards of this division 8.3.3 shall not apply to government-owned, operated, or maintained street lights located within a street right-of-way or other easement granted to the town.
8.3.4 Design standards for exterior lighting. All exterior lighting shall conform to the following standards.
(A) Maximum lighting height.
(1) Except for outdoor sports fields or performance areas, outdoor lighting heights shall be no greater than:
(i) Eighteen feet above grade for pedestrian lighting; and
(ii) Twenty-five feet above grade for vehicular lighting.
(2) Wherever possible, illumination of outdoor seating areas, building entrances, and walkways shall be accomplished by use of ground mounted fixtures not more than four feet in height.
(B) Direction of illumination.
(1) In all districts, lighting of nonresidential development shall be directed downward. In addition, upwardly-directed lighting shall not be used to illuminate structures, except for low-wattage architectural lighting.
(2) Outdoor lighting shall not shine directly into the yard or windows of adjacent residential uses.
(C) Location. All lighting shall be located at least ten feet from side lot lines, rear lot lines, and required perimeter buffers.
(1) Light fixtures in excess of 60 watts or 100 lumens shall use full cut-off lenses or hoods to prevent glare or spillover from the project site onto adjacent lands and streets.
(2) No interior light source shall be positioned, aimed, or configured so as to result in the light source being visible from land occupied by existing residential development.
(3) No light source in a canopy structure shall extend downward further than the lowest edge of the canopy ceiling.
(4) Awnings or canopies used for building accents over doors, windows, and the like, shall not be internally illuminated (i.e., from underneath or behind the awning).
(E) Maximum light levels. All outdoor lighting shall be designed and located such that the maximum illumination measured in foot candles at the property line shall not exceed one foot candle. The average intensity illumination for outdoor lighting shall not exceed an average of six foot candles in intensity as measured at grade. Vehicular use area lighting shall not exceed a maintained average of two and one-half foot candles.
(F) Hue. All outdoor and parking lot lighting fixtures, including: metal halide, mercury vapor, fluorescent, induction, white high-pressure sodium, and color-improved high-pressure sodium lamps used in non-cutoff fixtures shall be coated with an internal white frosting inside the outer lamp envelope.
8.3.5 Wall-mounted lights.
(A) Wall-mounted lights shall be fully shielded luminaries (such as shoebox or can style fixtures) to prevent the light source from being visible from any adjacent residential property or public street right-of-way. Nothing in this division 8.3.5 shall prevent the use of decorative lighting fixtures provided that the source of illumination is not visible from adjacent lands used or zoned for residential purposes, and provided that the maximum illumination values comply with the standards in division 8.3.4(E), Maximum Light Levels.
(B) Wall packs on buildings may be used at entrances to a building to light unsafe areas. They are not intended to draw attention to the building or provide general building or site lighting. Wall packs on the exterior of the building shall be fully shielded (true cut-off type bulb or light source not visible from off-site) to direct the light downward and be of low wattage (preferably 100 watts or lower). Other accent lighting projected onto buildings may be allowed provided that it is approved through the site plan process.
8.3.6 Floodlights and spotlights. Floodlights and spotlights shall be selected, located, aimed, and shielded so that direct illumination is focused exclusively on a portion of the building facade or other intended site feature and away from adjoining lands or the right-of-way. On-site lighting may be used to accent architectural elements but shall not be used to illuminate entire portions of building(s). Such lighting shall be installed in a fixture that is shielded so that no portion of the light bulb extends below the bottom edge or above the top edge of the shield, and the main beam from the light source is not visible from adjacent lands or the adjacent right-of-way. Floodlights or other type of lighting attached to light poles that illuminate the site or building(s) are prohibited.
8.3.7 Illumination of outdoor sports fields and performance areas. All lighting fixtures serving outdoor sports fields and performance areas shall be equipped with a glare control package (e.g., louvers, shields, or similar devices), and the fixtures shall be aimed so that their beams are directed and fall within the primary playing or performance area.
8.3.8 Sign lighting. Lighting fixtures illuminating signs shall comply with the standards of this section, and such fixtures shall be aimed and shielded so that direct illumination is focused exclusively on the sign face.
8.4.1 Loudspeakers prohibited. The installation or use of loudspeakers, horns, sirens, or similar noise making devices for commercial purposes shall be prohibited. Nothing in this section shall prohibit the use of loudspeakers by public safety agencies or at sporting or other public events.
Within the Central Business District, all building walls which are visible from a public street or right-of-way shall be finished with unpainted brick over at least 75% of the vertical wall surface, excluding areas containing glazing (doors and windows). The remaining portion of the visible building wall may be finished with stucco, split-face block, stone, finished wood, hardie board, or similar high-quality materials. In no case shall corrugated metal, sheet metal, or unfinished plywood be used as an exterior material on a wall visible from a public street or right-of-way in the Central Business District.
Mobile units (trailers) shall be prohibited, except for temporary use during construction or for storage of materials during construction, or on lots greater than 25 acres where the mobile units cannot be seen from the nearest street. In emergent situations, the Ordinance Administrator can approve the temporary use of mobile units until permanent structures are repaired or rebuilt.
Drive through windows and their associated stacking lanes and circulation shall be prohibited in the front of the building. Drive through windows, stacking lanes, and circulation shall only be allowed or in a side yard abutting a street when screened by a street wall.
8.8.1 Dumpsters shall be fully screened by a wall that is constructed of the same material as the principal structure.
8.8.2 Trash containers shall be located in the rear yard so as to minimize their visibility from adjacent public streets or other public gathering areas.