(a) Location. Appropriate planting or fencing materials conforming to the provisions of this section shall be planted or installed not less than three feet from the property line of all property abutting U1 or U2 property, when such property is used for off-street parking, apartment, business, commercial or industrial uses. The owner of the more intensive use, i.e. off-street parking, apartment, business, commercial or industrial use, shall be responsible for installing and maintaining the screening required by this section.
(b) Required Completion Time. All planting or fencing required hereunder shall be completed within one year after building and grading are completed in the case of newly constructed apartment, business, commercial or industrial buildings. The planting or fencing for off-street parking areas shall be completed before any parking is permitted thereon. The Building Commissioner is authorized to conduct inspections, upon complaint, relative to the adequacy of screening for any locations described in subsection (a) hereof. The Commissioner is authorized to issue orders to the owners of the more intensive use requiring additional planting or fencing. Property owners who have been ordered by the Commissioner to install screening shall have no more than ninety days to comply.
(c) Building Commissioner's Duties; Appeals.
(1) Upon complaint, the Building Commissioner shall visit any site required to be screened under the provisions of this section. The Commissioner, after inspection and consulting with the property owner, shall determine the adequacy of the screening. If the screening is determined to be inadequate, the Commissioner may order the property owner to install adequate screening. The Commissioner shall describe to the property owner in writing the type of planting or fencing to be installed, after having given consideration to the space required to be screened, the planting area available, the density of foliage required to adequately protect abutting property owners and the height of screening necessary to minimize the disruption to the peaceful enjoyment by the occupants of the less-intensive property.
(2) At any time within ninety days of the Commissioner's order, such property owner may appeal the order to the Planning and Zoning Commission. The Commission shall conduct a hearing to review the basis for and reasonableness of the Building Commissioner's order and make a final determination related thereto.
(3) Such property owner shall complete installation of such screening within the completion time listed in subsection (b) hereof. The owner shall comply with the decision of the Commission within thirty days after its decision.
(4) In the event of an appeal to the Commission each and every day after such completion time listed in subsection (b) and paragraph (c)(3) hereof in which the ordered installation is not complete shall constitute a separate offense punishable as provided in Section 909.99.
(d) Sale of Planting or Fencing Materials by City Employees. No employee of the City or member of his or her immediate family shall purchase for or offer for sale the planting or fencing materials set forth in subsection (f) hereof to any property owner ordered by the Building Commissioner to install adequate screening hereunder.
(e) Plant and Fencing Choice Variety. The Building Commissioner shall, at his or her discretion, select appropriate plants or fencing materials to be installed by a property owner ordered to make such installation under this section. The Commissioner may require such plants and fencing materials which are commonly found in the surrounding area and which are best suited to maintaining the property. In no case shall a fence be constructed in excess of six feet high. The Commissioner may also order the fencing to face in a particular direction.
(f) Development of Vacant Land. In the event vacant property abutting a more intensive use is subsequently developed into a U1 or U2 use, the responsibility for screening shall rest solely upon the owner of the U1 or U2 property. If the more intensive use is thereafter expanded, the responsibility for screening shall then return to the owner of the more intensive use.
(Ord. 229-1989. Passed 10-16-89.)