(a) Purpose. The purpose of this section is to establish specific regulations controlling the use of yard structures including fences, trellises, walls, pools and outdoor fireplaces and landscape features, including trees and shrubs whereby a lot owner may have the privilege of privacy and of landscape design with due consideration to the environment of other lots, the appearance of the community and the safety of the public and the individual.
(b) Scope and Application. The provisions of this section shall apply to any new yard structure and, where applicable, to any existing yard structure. The provisions of this section shall not apply to planting of plants, trees and shrubs except as specifically provided in this section. Retaining walls erected pursuant to Section 1317.03
are specifically excluded from the regulations and provisions of this section. The provisions of this section shall not be construed to apply to the foundation planting of plants, trees and shrubs.
(c) Definitions.
(1) "Fence" means any permanent enclosing structure which encloses or partially encloses any yard or part of any yard.
(2) "Fifty percent (50%) open to through passage of light and air" as used in this section means where the construction of the fence consists of two separate planes of material, either vertical or horizontal, they shall be spaced at equidistant intervals where the total open area is at least equal to or exceeds the area consisting of the planes of material when viewed perpendicular to the elevation of the fence, where the two planes do not overlap, and where the planes are separated from each other by a minimum of one and one-half inches of space and a maximum of three and one-half inches of space.
(3) "Yard structure" includes fences, trellises, walls, pools and outdoor fireplaces.
(d) Permit Required. No person shall construct, erect or install any yard structure without first making a proper application to and obtaining a permit from the Division of Building.
(Ord. 94-76. Passed 3-20-95.)
(e) Yard Structure and Yard Landscape Feature Regulations.
(1) General. Yard structures shall be designed to be aesthetically attractive. Fences shall present a finished side to the adjoining property. Yard structures shall be maintained in good repair and appearance. Except as may otherwise be provided in this section, the surface of any fence or wall shall be constructed so fence or wall is not solid. Five-sixths (5/6) of the vertical height may be solid, the remaining one sixth (1/6) shall be at least fifty percent (50%) of each lineal foot open to through passage of light and air. (Ord. 02-35. Passed 7-22-02.)
(2) Any yard.
A. The requirements for swimming pool protective barriers shall take precedence when such requirements are in conflict with the provisions of this section.
B. Barbed wire and electrified fences shall not be permitted except as provided in Section 547.08
(b) of the Codified Ordinances.
C. Structures including floodlights, lampposts, garden lighting and other outdoor lighting fixtures, searchlights and loud speakers shall not be constructed, erected, installed, or used in any manner that constitutes a public nuisance or that causes a public hazard or a nuisance to the occupants of other premises.
(Ord. 94-76. Passed 3-20-95.)
(3) Front yards. No yard structure shall be constructed, erected or installed in a front yard other than an ornamental fence adjacent to the front entrance walkway. Such an ornamental fence shall not exceed four feet in height above finished grade and shall be placed no closer than thirty-five feet from the front lot line. An ornamental fence for the purposes of this subsection is defined as a post or posts interconnected and in a manner to be self supporting and shall not be connected to another fence. This ornamental fence shall be at least thirty-five percent (35%) of each lineal foot open to through passage of light and air (typical types--picket/crossback/split rails, etc.). Individual trees, shrubs and plants shall be permitted in a front yard provided such trees, shrubs and plants are not planted, arranged or growing so as to enclose or partially enclose a front yard or a part of a front yard.
(Ord. 02-35. Passed 7-22-02.)
(4) Rear yards. Along a rear lot line or a side lot line of a rear yard, a fence shall be permitted to a height not to exceed six feet above finished grade. At least one gate or a fence opening of a minimum of thirty-six inches in width shall be provided in order to permit emergency access to the rear of the property. Any enclosing structure intended to serve primarily as an animal run shall be permitted only in a rear yard, shall be set back at least ten feet from the rear lot line or the side lot lines of the rear yard and shall otherwise conform to the regulations and requirements of this section. Recreational uses and structures such as pools, trellises when not used as a fence, decks, patios and garden lighting which are incidental to the main use are permitted in a rear yard. The placement of pools shall, where applicable, be governed by the provisions of Section 1117.02
and Chapter 1321 of the Codified Ordinances. Any unenclosed patio or deck shall be located not less than three feet from the rear lot line and the side lot lines of the rear yard. Except as otherwise provided herein, any other yard structure or recreational use and structure shall be located not less than five feet from the rear lot line and the side lot lines of the rear yard.
(5) Side yards. Side yard fences shall be permitted to a height not to exceed four feet above finished grade. Side yard fence shall start at rear foundation and continue no further forward than the front foundation of the house being also the front set back of the established street.
(Ord. 94-76. Passed 3-20-95; Ord. 00-44. Passed 6-26-00.)
(6) Corner lots. On a corner lot a fence and landscape feature such as trees and shrubs may be constructed, erected or installed in front, rear and side yards subject to the specific regulations and requirements applicable to fences and other landscape features in such yards provided open sight lines shall be provided within a triangle at street intersections of at least twenty-five feet along each right-of-way line and having a clear horizontal bend between two and one-half feet and six feet above finished grade. Yard structures and landscape features on corner lots shall in all other respects comply with the requirements of this section.
(7) Privacy screens.
A. On lot lines contiguous with the easement right-of-way of I-480, privacy screens whose vertical surface is less than fifty percent (50%) of each lineal foot open to through passage of light and air when viewed perpendicular to the screen shall be permitted to a height not to exceed six feet above finished grade.
B. Privacy screens whose vertical surface is less than fifty percent (50%) of each lineal foot open to through passage of light and air when viewed perpendicular to the screen shall be permitted to a height not to exceed six feet above finished grade on any lot provided:
1. The privacy screen is not located in any side or front yard;
2. The privacy screen shall not completely or partially enclose more than two sides of an area;
3. The total length of the privacy screening on any lot shall not exceed ten percent of the perimeter of the area of the rear yard;
4. The privacy screen shall not exceed twenty-four feet in any one direction;
5. The privacy screen is constructed, erected or installed behind and within the outer rear enclosing wall;
6. The privacy screen, or any part thereof, is not located closer than ten feet from the rear lot line;
7. The privacy screen permitted by this subsection presents a finished side to the adjoining property; and
8. Adequate landscape screening as required by the Planning and Design Commission shall be provided and permanently maintained on all exterior sides of the screen. In determining the adequacy of the screening the Commission shall consider the height and length of the screen, the size of the subject lot, the proximity of the main dwelling units on adjacent properties and existing landscaping or screening on the subject and adjacent properties.
C. A nonbearing wall, fence, screen, trellis or other similar structure on one or more sides of any patio or deck structure shall be constructed, erected or installed in accordance with the regulations and requirements set forth in subsection (e)(4) or (e)(7)B. hereof, whichever is applicable, the height thereof to be measured from finished grade. Any railing or other similar structure on one or more sides of any patio or deck structure shall not exceed four feet in height measured from the floor of the patio or deck structure.
(8) Perimeter trees and shrubs. Landscape features such as trees, shrubs and other plants along a side lot line of a rear yard or a rear lot line shall be installed, placed and maintained not less than a distance of a minimum of one foot plus fifty percent (50%) of the mature width of the tree, shrub or other plant measured from the lot line to the center of the tree, shrub or other plant. A minimum of one foot from the lot line shall be maintained for maintenance of such trees, shrubs and other plants.
(Ord. 94-76. Passed 3-20-95.)
(9) Adjacent to business districts. Fences on one and two family lots adjacent to general business and office districts with an existing one or two family residence thereon shall be permitted to a height not to exceed seven (7) feet in height above finished grade above the property lines which abut such districts and may have a solid surface for the purpose of shielding the premises. Such fences installed along a side lot line of a front yard shall not be constructed, erected or installed closer than twenty (20) feet from the front right away line. Trees, shrubs and other landscape features also shall not be constructed, erected or installed closer than twenty feet from the right-of-way line except as otherwise specifically permitted by this section.
(Ord. 08-52. Passed 9-15-08.)
(10) Material. All yard structures shall be built from new materials as approved by the Building Commissioner.
(11) Harmful projections. No person shall construct, erect, install or cause to be constructed, erected or installed or permit any yard structure, or any part thereof, to contain any exposed projection which may cause injury or harm to any person upon rubbing, bumping or otherwise touching such projection. (Ord. 10-06. Passed 3-15-10.)
(f) Repair or Replacement. Any fence, including any fencing along any one lot line, and any other yard structure or landscape feature which is in need of repair or replacement, or which is repaired or replaced, to an extent of fifty percent (50%) more shall conform to the provisions of this section.
(Ord. 08-52. Passed 9-15-08.)
(g) Satellite Receiving Station. Direct broadcast satellite receiving stations as defined in Section 1105.05
(i) shall be permitted as an accessory use provided that:
(1) The receiving station is not linked or otherwise connected to receivers which are not located on the same lot;
(2) The receiving station is placed only in a rear yard, not affixed to any main or accessory building, and any such station or part thereof, including any supporting appurtenance thereto, shall not be closer than ten feet to any side lot line of a rear yard or ten feet from any rear lot line;
(3) The highest point of the satellite receiving dish shall not exceed three feet greater than the dimension of the dish above the plane upon which it is mounted which shall include the height of any base upon which the dish is mounted;
(4) The satellite receiving dish shall not exceed nine feet in dimension;
(5) Suitable landscape screening as required by the Planning and Design Commission, subject to the limitations of this section, shall be provided and maintained around the satellite receiving station and any supporting appurtenances thereto. In determining the adequacy of screening, the Commission shall consider the size and dimension of the station, the size of the subject lot, the proximity of the main dwelling units on adjacent properties and existing landscaping or screening on the subject and adjacent properties;
(6) The color of the satellite receiving station dish shall be reviewed and approved by the Commission;
(7) The satellite receiving dish shall be constructed and anchored in such a manner as to withstand wind loads in accordance with ANSI (American National Standards Institute) A 58.1. Structural calculations and details for the installation shall be furnished to the Division of Building.
(8) The satellite receiving dish shall be affixed in a permanent fashion such that it would only be removable for repair or replacement;
(9) Only one such direct broadcast satellite receiving station shall be permitted at any one time on the same lot;
(10) No lettering, numerals, symbols, pictorial signs or designs exceeding one inch in any dimension shall be permitted on the surface of the dish.
(Ord. 94-76. Passed 3-20-95.)