(A) Screening requirements. The intent of this section is to provide for visual screening between land uses of different character and to establish requirements for the installation and maintenance of screening devices to enhance the community's aesthetic qualities. A screening device shall be a solid, opaque, brick, stone or decorative block masonry wall, not less than six feet in height, measured at the highest finished grade. Screening devices may be of metal construction and wrought iron. Live shrubs the height of the fence or wall may also be incorporated with wrought iron to produce an opaque screen. Construction and location details of the required screening devices shall be shown as part of the site plan for all multifamily and nonresidential uses and as part of the final plat construction plans for all single-family residential uses. The screening wall shall be compatible in color and finish with the principal building(s) and or existing screening walls. The required screening wall shall be constructed prior to any building permits being issued for single-family residential subdivisions and before issuance of a certificate of occupancy for non-single-family developments. For the purpose of this section, SINGLE-FAMILY RESIDENTIAL SUBDIVISION shall be defined as a subdivision containing two or more lots.
(1) Applicability. These screening regulations shall apply to all new construction. Existing fences and walls shall be exempt from regulation. However, upon increasing the total footprint of structures by more than 50%, shall require compliance with this section as being new construction.
(2) Relief. The Town Council may, upon recommendation by the Planning and Zoning Commission, waive the screening requirement in part or in total upon demonstration by the applicant that such relief is merited.
(3) Single-family residential screening requirement. All new construction, as of the effective date of this chapter, single-family detached and attached residential subdivisions adjacent to major thoroughfares, as identified on the Lakeside Thoroughfare Plan, shall be screened from the street. This includes all lots backing or siding on a thoroughfare. A screening wall is also required where an alley is parallel to and adjacent to a public street. Where single-family lots side on a major thoroughfare, a combination of masonry and wrought iron design may be considered if the non-masonry material does not exceed 40% of the surface of the screening wall. If using a combination of wrought iron and masonry, an evergreen shrub, achieving a six-foot height within one year of planting, shall be planted on the interior side of the wrought iron portion of the wall.
(4) Screening wall articulation. Screening walls adjacent to thoroughfares or collector streets shall be constructed to the following standards:
(a) Off-sets shall be provided every 100 feet or less;
(b) Off-sets shall be designed to be located at lot line intersections;
(c) Off-sets shall be a minimum of three feet in depth and eight feet in length;
(d) Live plant materials shall be incorporated in the design of the off-sets;
(e) Off-set sections of the screening wall may be constructed of alternate non-masonry materials such as ornamental iron; and
(f) A five-foot perimeter screening wall and landscape easement shall be dedicated for the perimeter improvements.
(5) Screening wall between single-family and multifamily zoning districts. As of the effective date of this chapter, there shall be constructed a structural screening wall of not less than six feet in height along any portion of multifamily residential zoning districts, which adjoins any single-family detached and attached zoning district, mobile home park or mobile home subdivision.
(a) The construction of the screening wall is the responsibility of the multifamily property owner. However, if a single-family residential subdivision is being constructed adjacent to an existing multifamily use, with no screening wall in place, the construction responsibility will shift to the single-family residential developer/owner.
(b) A combination of masonry and wrought iron design may be considered if the non-masonry material does not exceed 40% of the surface of the screening wall. If using a combination of wrought iron and masonry, an evergreen shrub, achieving a six-foot height within one year of planting shall be planted on the interior side of the wrought iron portion of the wall.
(6) Screening wall between commercial and residential uses. There shall be constructed a screening wall of not less than six feet along any portion of an office use and a screening wall of not less than eight feet along any portion of a commercial, retail, industrial or warehouse use, which adjoins any portion of a single-family detached or attached residential, multifamily residential, mobile home park or mobile home subdivision zoning district.
(a) The construction of the screening wall is the responsibility of the commercial or industrial property owner. However, if a single-family residential subdivision or a multifamily residential use is being constructed adjacent to an existing commercial or industrial use with no screening wall in place, the construction responsibility will shift to the residential developer/owner.
(b) Screening requirement for institutional uses (schools and churches, etc.) in commercial zoning will be considered on a case-by-case basis.
(7) Screening wall requirement for manufactured housing parks and subdivisions. All manufactured housing parks and subdivisions shall be screened by a screening wall of not less than six feet in height on all sides.
(a) The construction of the screening wall is the responsibility of the mobile home park or subdivision property owner. However, if a single-family residential subdivision is being constructed adjacent to an existing manufactured housing park or subdivision with no screening wall in place, the construction responsibility will shift to the single-family residential developer/owner.
(8) Screening requirement for outside storage. In all zoning districts where outside storage of equipment, material, goods and supplies is allowed, all outside storage shall be screened from the view of any adjacent public street by a screening wall not less than eight feet in height.
(a) Any portion of the storage yard adjacent to or fronting a street shall be screened with an eight-foot decorative fence.
(b) Materials and supplies may not be stacked higher than the height of the fence.
(c) Other portions of the storage yard not adjacent to or fronting a street may be fenced with a solid, opaque fence.
(d) This provision does not apply to display of goods for sale incidental to a retail use, plant nursery, sales and rental of motor vehicles, mobile homes, boats or trailers.
(F) Fencing requirements.
(1) On a corner lot in any district, nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede vision between a height of two and one-half and ten feet above the centerline grades of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining points along said street lines 25 feet from the point of the intersection.
(2) On an interior lot in any district, nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially impede the vision or in any way create a traffic hazard to motorists entering or exiting any public highway, street, alley or private street or driveway from or to adjacent private property.
(3) No screening element shall be erected or placed which would interfere with the installation or maintenance of any public utility line, service or drainageway, within the easements reserved therefor.
(4) Garbage, refuse and trash collection and storage areas in non-residential districts shall be fully enclosed by a suitable screening element of not less than six feet in height.
(5) Electric fences are expressly prohibited in all districts except those where agricultural and related principal activities are permitted, provided such fences shall be plainly marked at appropriate intervals as to the nature thereof.
(6) Barbed wire fences used in conjunction with permitted agricultural uses and activities in the agricultural zoning district are permitted, provided the building official deems there is no safety hazard related issues associated with said fence. Barbed wire fencing is expressly prohibited in all other zoning districts.
(7) Razor wire fencing, or other similar material, is strictly prohibited in residential zoning districts. When used in other districts, razor wire fencing must be a minimum of eight feet in height.
(G) Fences in residential districts.
(1) Screening elements and fences shall be restricted to a maximum height of six feet, measured from the adjacent grade line, except as otherwise allowed in this section. Fences may be permitted to be constructed to heights exceeding six feet by special exception as approved by the Zoning Board of Adjustment.
(2) Garbage, refuse and trash collection and storage areas in any multifamily development, mobile home development or other nonresidential use permitted in a residential district shall be fully enclosed on three sides by a dense screening element to adequately screen such area from view of the surrounding area.
(3) No screening element or fence shall be erected, placed or planted beyond the front or side street building line of any permitted building in a residential district, either on a corner lot or interior lot. Fences may be constructed to the street property line upon approval of a special exception by the Zoning Board of Adjustment. Fencing located on or behind the building line shall not exceed six feet in height.
(4) Fences may always be permitted on the side property lines of interior lots, provided drainage easements and other rights-of-way are not conflicting with the fence location.
(5) Wood panel fences shall be constructed such that the support rails are located on the inside of the lot and the panel is located on the outside of the lot, so as to present a "smooth side out" appearance to the fence. And shall be constructed with metal poles or masonry column.
(6) Chain link fences shall be permitted in residentially zoned districts.
(Ord. 312, passed 6-22-2010)