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(A) Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
COMMERCIAL OR INDUSTRIAL FACILITY.
(a) A structure or facility which is zoned as or located within an R-3, R-4, C-0, C-1, C-2, C-3, H-1, H-2, I-1, or I-2 zoning district shall be considered a COMMERCIAL OR INDUSTRIAL FACILITY unless otherwise provided in this section.
(b) Electric, cable television, or telephone poles, pedestals, or overhead lines, natural gas regulators or meters, sanitary sewer manholes, lift stations, water fire hydrants, water towers, standpipes, and other similar public utility structures or equipment shall not be considered a COMMERCIAL OR INDUSTRIAL FACILITY.
(B) Screening requirements. A solid and opaque fence or wall screening shall provide visual separation of the zoning districts throughout the year as described below.
(1) The rear and sides of any commercial or industrial facility shall be screened from any adjoining R-1 or R-2 zoned property.
(2) The rear of complexes or facilities zoned as C-1, C-2, C-3, I-1, or I-2 which are separated from any residentially zoned property (R-1, R-2, R-3, or R-4) by only an alley or easement shall be considered as abutting or adjoining the residential property.
(3) The sides of complexes or facilities zoned as C-1, C-2, C-3, I-1, or I-2 which are separated by only an alley or easement shall be considered as abutting or adjoining residential property.
(4) The rear or sides of complexes or facilities zoned as R-3, R-4, C-0, H-1, or H-2 shall be considered as abutting only when adjoining or abutting R-1 or R-2 zoned property.
(5) Said screening fences or walls shall be maintained in a neat, sturdy, and safe condition without advertising thereon.
(6) Any commercial or industrial facility in existence before March 12, 1996 which is in violation hereof shall be deemed a nonconforming use. Such nonconforming uses shall not in any manner be enlarged, extended, altered, or rebuilt except that such uses may be changed so as to comply with the provisions of this section. Existing nonconforming uses shall be permitted to continue in their present configuration and use unless such use is terminated for any reason whatsoever for a period of 30 days or more, thereafter such nonconforming use shall be permanently terminated or come into compliance.
(1) The screening structure shall be constructed with customarily used fencing materials (including plastic, polyurethane, or fiberglass), and shall be designed and arranged to provide visual separation of uses and sound reduction.
(2) The screening structure shall not be less than eight feet in height.
(3) The screening structure shall be constructed with all braces and supports on the interior of the property of the use required to be screened, except when both sides are of the same design and appearance.
(4) The screen structure shall be erected and approved by the Community Development
Director or his or her designee prior to the occupancy of the building or initiation of the use required to be screened.
(5) The screen structure shall be uniform in height, except for significant changes in topography, and shall be designed to conform to the same standards as adjoining screening fence, where appropriate.
(6) The screen structure shall have a consistency of design.
(7) The screen structure shall, if painted, be earth-tone in color when abutting a R-1, R-2, R-3, or R-4 District.
(8) The screen structure shall not be chain link fencing which utilizes inserts of metal or other materials.
(D) Maintenance of screening wall or fence. The screening wall or fence shall be maintained by the owner of the property containing the use requiring the screening. Failure to maintain the screening, after a 30-day notice by the Community Development Director to correct such deficiency, shall constitute an offense as stated in § 150.998.
(E) Modification of the screening wall, fence, or alternative. The Municipal Planning Commission may recommend any of the following to the City Council, as a special exception:
(1) Modification or removal of the screening where existing physical features provide visual separation of uses and sound reduction;
(2) Grant an extension of time to erect a screen where properties which are to be benefitted by the screen are undeveloped; and/or
(3) Removal of the screening requirement where the purposes of the screening requirement cannot be achieved, or are prohibited by other ordinances and/or regulations.
(Am. Ord. 1219, passed 3-12-96; Am. Ord. 1378, passed 8-13-02; Am. Ord. 1872, passed 12-11-18)