(A) Walls and fences adjacent to intersections, all districts. All walls and fences adjacent to a street intersection must comply with a 20 foot visibility triangle, measured as 20 feet linearly along the property lines parallel to the public right-of-way. Wall and fence height in the visibility triangle shall not exceed the height of 36 inches above the center grade of the adjacent street.
(B) R-l, R-2, and R-3 Districts.
(1) Front yard. Wall and fence height in the front yard shall not exceed the height of 42 inches unless it meets the following requirements: A fence or wall may only be erected to the maximum height of 54 inches if the wall or fence consists of open spaces distributed uniformly along its surface, with at least a 50/50 ratio of open to closed area, or minimally above a height of 42 inches, so that vision through the fence is not materially obstructed from any angle so as to obstruct vehicular or pedestrian traffic on adjacent streets or public ways.
(2) Within the limits of the secondary front yard.
(a) No solid wall or fence in the secondary front yard shall exceed the height of 42 inches unless all of the following conditions are met, in which case the wall or fence shall not exceed the height of 78 inches:
1. The fence is set back a minimum of ten feet from the property line.
2. The area between the public right-of-way and the fence shall be landscaped as follows:
a. Properly maintained turf, shrubs, shredded mulch, stone or groundcover plants shall be required between the wall or fence and right-of-way line. Wildflowers and weeds are not acceptable groundcover plants.
b. Trees or shrubs shall not extend into any portion of the public right-of-way or in any way intrude into the 20-foot visibility triangle.
(b) No wall or fence shall exceed the height of 42 inches unless all of the following conditions are met, in which case the wall or fence shall not exceed the height of 54 inches: A fence or wall may be erected to the maximum height of 54 inches if the wall or fence consists of open spaces distributed uniformly along its surface, with at least a 50/50 ratio of open to closed area, or minimally above a height of 42 inches.
(3) Within the limits of the side and rear yard. Walls and fences may be erected to the height of 78 inches above grade, provided the wall or fence is five feet from a public right-of-way. Walls and fences within five feet of a right-of-way shall conform to the requirements of the secondary front yard requirements and in no case shall a wall or fence encroach upon the 20-foot visibility triangle as defined in division § 152.005. No wall or fence shall exceed the height of 78 inches above grade unless the following requirements are met:
(a) All abutting property owners submit a written statement that they do not object to the plan.
(b) The elevation of the subject property is generally one or more feet lower in elevation than abutting properties, or the health and safety of the owner/occupant of the subject property is endangered by uses on any abutting property.
(C) B-1, B-2, I-1 Districts.
(1) Properties in B-1, B-2 and I-1 districts that are primarily residential in usage shall follow the proscribed guidelines of R-1, R-2 and R-3 districts.
(2) Wall and fence height along a street frontage shall not exceed the height of 42 inches unless it meets the following requirements:
(a) Street frontage in front of structure: A fence or wall may be erected to the maximum height of 54 inches if the wall or fence consists of open spaces distributed uniformly along its surface, with at least a 50/50 ratio of open to closed area, or minimally above a height of 42 inches, so that vision through the fence is not materially obstructed from any angle so as to obstruct vehicular or pedestrian traffic on adjacent streets or public ways.
(b) A wall or fence not located in front of a structure, but along a street frontage (such as located in front of a parking lot), shall not exceed a maximum height of 78 inches.
(3) Within the limits of the side and rear yard, walls and fences may be erected to the height of 102 inches above grade, provided the wall or fence is five feet from a public right-of-way. Walls and fences within five feet of a right-of-way shall conform to the requirements of the secondary front yard requirements and in no case shall a wall or fence encroach upon the 20 foot visibility triangle as defined in § 152.005. No wall or fence shall exceed the height of 102 inches above grade unless the following requirements are met:
(a) All abutting property owners submit a written statement that they do not object to the plan; and
(b) The elevation of the subject property is generally one or more feet lower in elevation than abutting properties, or the health and safety of the owner/occupant of the subject property is endangered by uses on any abutting property.
(4) When abutting a residential zoning district (R-1, R-2, R-3), the minimum height for a wall or fence shall be equivalent to the maximum height of a wall or fence as given in the standards for the abutting residential zoning district.
(5) Refuse containment and mechanical equipment: Trash containers, mechanical equipment, loading docks, loading facilities and outdoor storage as a conditional use shall be located in the side or rear yard and be screened from view. Mechanical equipment shall be setback a minimum of three feet from the property line.
(a) All trash dumpsters, trash pads, loading, building service, and outside storage areas shall be screened from residential uses and public streets. Such screening may be achieved by using a minimum 72 inch high, completely opaque fence or wall. Height of screen shall be measured from the grade of the nearest street.
(b) All dumpster enclosures require approval from City Supervisor to ensure clearances and orientation allow for servicing of the dumpster.
(c) The City Supervisor shall have discretion to modify these requirements on a case by case basis if existing circumstances prevent compliance.
(Ord. 21, passed 1-14-2020) Penalty, see §
152.999