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15-38-3: PROTECTION OF ADJOINING RESIDENTIAL PROPERTIES:
   A.   Purpose Of Screening: The intent of the screening requirements provided herein is to protect residential zones from the potential impacts commonly associated with commercial uses, such as lights, noise, increased pedestrian and automobile traffic, invasions of privacy and physical intrusions on property.
   B.   Screening Requirement: Whenever development abuts property in a residential zone, screening is required to protect residential properties from the potential impacts of lights, noise, increased pedestrian traffic, invasions of privacy and physical intrusions on property. Based on the applicant's site plan, the community development department will determine the potential impacts resulting from location, site design and layout as they relate to the areas of concern identified in table A of this section. The applicant may then choose from among those screening options in table A of this section that will mitigate all of the identified impacts. The specific standard for each option is identified in table B of this section. Determinations may be appealed to the planning commission. If there are no potential impacts, screening is not required.
   C.   Mitigation of High Impact Uses: There are certain permitted or conditional uses in C-2 and CP-2 zones that are known to have a greater impact on surrounding uses than other uses allowed in the zone. When these high impact uses are proposed on any lot within one hundred feet (100') of residentially zoned property they are subject to additional mitigation requirements that will help reduce their impact to the residential property (see Table C in this section). These requirements do not apply if the residentially zoned property is developed with a nonresidential use.
   TABLE A: SCREENING OPTIONS
Impacts On Adjacent Residentially Zoned Property
Areas Of Concern
Lights
Noise
Privacy
Objectionable Views
Access Restriction
Impacts On Adjacent Residentially Zoned Property
Areas Of Concern
Lights
Noise
Privacy
Objectionable Views
Access Restriction
Parking, vehicle staking, loading and unloading docks2
A,B,D,E,C 1 or H1
D,E,C1 or H1
D,E,C1 or H1
A,B,D,E,C1 or H1
D,E,F,G,H or I
Service entrance and exit2
D,E,C1 or H1
D,E,C1 or H1
D,E,C1 or H1
D,E,G,C1 or H1
D,E,F,G,H or I
Dumpster2
D,E,C1 or H1
D,E,C1 or H1
D,E,C1 or H1
D,E,G,C1 or H1
D,E,F,G,H or I
Outdoor storage2
D,E,C1 or H1
D,E,C1 or H1
D,E,C1 or H1
D,E,G,C1 or H1
D,E,F,G,H or I
Outdoor activity areas2
D,E,C1 or H1
D,E,C1 or H1
D,E,C1 or H1
D,E,G,C1 or H1
D,E,F,G,H or I
Distance of building from residential property line2
E or H1
 
E or H1
E or H1
 
1.   This is an option only when abutting residentially zoned property is vacant or has substantial existing vegetation. In either instance the time needed for growth of vegetation will not be detrimental to the buffering needs.
2.   High impact uses in the C-2/CP-2 zone are required to provide more substantial buffers, site plan and/or building modification to further reduce impacts of the C-2/CP-2 use on adjacent residentially zoned property. See Table C in this section.
 
   TABLE B: SCREENING OPTION DESCRIPTIONS
Option
Screening Type
Purpose And Standards
Option
Screening Type
Purpose And Standards
A
4' berm
Screens vehicles in parking lot and decreases asphalt appearance, except when difference in topography offsets screening. Any berm shall have a minimum height of 4' and a stabilized side slope of no greater than 3 to 1 ratio of run to rise. Berms shall be a minimum width of 12'.   BBerm with shrub landscaping sufficient to achieve a 4' high screenScreens parking lot and buffers building. Evergreen shrubs shall be of a locally adapted species such as pyracantha, yew, juniper or evergreen euonymus. Shrubs shall be a minimum of 5 gallons when planted and shall be expected to reach a height of at least 4' within 5 years of planting. Shrubs shall be planted at a maximum of 5' on center. The berm shall have a stabilized side slope no greater than 3 to 1 ratio of run to rise.
B
Berm with shrub landscaping sufficient to achieve a 4' high screen
Screens parking lot and buffers building. Evergreen shrubs shall be of a locally adapted species such as pyracantha, yew, juniper, or evergreen euonymus. Shrubs shall be a minimum of 5 gallons when planted and shall be expected to reach a height of at least 4' within 5 years of planting. Shrubs shall be planted at a maximum of 5' on center. The berm shall have a stabilized side slope no greater than 3 to 1 ratio of run to rise.
C
Evergreen hedge with an ultimate height of at least 5'
Screens parking lot except when difference in topography offsets screening and buffers building which is close to property line. Shrubs shall be of a locally adapted evergreen species such as arborvitae (Thuja occidentalis or orientalis), juniper (Juniperus virginiana or chinensis), pyracantha, yew (Taxus media), or evergreen euonymus (Euonymus japonica), with a 5 gallon minimum planted size, and shall be expected to reach a height of at least 5' within 5 years of planting. Shrubs shall be planted at a maximum of 5' on center.
D
6' solid fence of either wood, vinyl or chainlink with interlocking opaque vinyl or a decorative masonry wall with textured surface facing residential use
Screens ground level lights, noise, objectionable views, provides privacy and access restriction, and texturing provides aesthetic relief, "Decorative masonry" shall include split-face block or brick, brick, fluted block, or masonry wall with stucco finish, but shall not include openings in the wall surface below a height of 6'. Bumper guards set back a minimum of 21/2' from the fence shall be required when fence abuts parking.
E
A minimum 6' wide landscaped strip with trees and either a 6' solid fence of either wood, vinyl or chainlink with interlocking opaque vinyl or a decorative masonry wall with textured surface facing residential use
Screens ground level lights, higher level lights, noise, objectionable views; provides privacy, access restriction and additional noise mitigation. Trees shall be a minimum of 2" caliper in size, spaced at a minimum of 20' on center.
F
6' chainlink fence
Provides security and access restriction. Used only when these are the major impacts. Bumper guards, set back a minimum of 21/2' from the fence, shall be required when fence abuts parking.
G
6' chainlink fence with inserts in the fence fabric
Provides security and access restriction. Inserts help screen objectionable views. Inserts shall be of a durable opaque material and shall be kept in good repair. Bumper guards, set back a minimum of 21/2' from the fence, shall be required when fence abuts parking.
H
6' open fence with evergreen shrubs
Screens ground level and higher level lights, provides security and access restriction. Vegetative screen provides additional noise mitigation and screens objectionable views. Trees and shrubs shall be of a locally adapted evergreen species such as arborvitae, juniper, pyracantha, evergreen euonymus, pines or spruces, with a planted size of at least 15 gallons for trees and 5 gallons for shrubs, and shall be expected to reach a height of at least 5' within 5 years of planting. Trees shall be planted at 20' on center and shrubs at 5' on center.
I
Ornamental wrought iron fence or other decorative see- through fencing
Provides some access restriction. Used when this is the only impact from the proposed development. Bumper guards set back a minimum of 21/2' from the fence, shall be required when fence abuts parking.
 
   TABLE C. HIGH IMPACT USE MITIGATION WHEN NEAR RESIDENTIAL ZONES
Site access
Entrances and exits shall be at least one hundred feet (100') from the residentially zoned property.
Building openings
Building openings other than pedestrian entrances shall not face the residentially zoned property.
Building noise dampening
A building shall be designed and constructed to minimize the noise that exits the building. The use of building materials, windows, roofing, insulation, openings, and design may require modification to reduce noise or vibration.
Noise Study
The applicant shall submit a noise study from a qualified professional that demonstrates the operation will not exceed the maximum allowable sound levels in Title 12, Chapter 14 of this code.
Location of noise generating activity
Noise generating activities that are planned outside of a building, such as vacuums, batting cages, playgrounds, drive-through queuing lanes, or restaurants with drive-in, shall be set back at least fifty feet (50') from the residentially zoned property.
Hours of operation
Hours of operation are limited to the hours between eight o'clock (8:00) A.M. and eight o'clock (8:00) P.M.
Loading and Unloading Docks
Loading and unloading docks shall be screened from residentially zoned properties.
Outdoor Lighting
All lighting shall be shielded and shall be reduced to one (1) foot candle at the shared property line.
 
   D.   Waivers: The Planning Commission may waive the screening fence requirement in full or in part or may require a see-through rather than a solid fence, if the purpose of this Section is achieved, and it is determined that one or more of the following conditions applies:
      1.   Topography: Immediate grade differences exist between the development and residential zone to such an extent that no additional buffering or protection of the residential zone would be provided by the fence.
 
      2.   Visual Screening: Existing vegetation along the zone boundary provides adequate visual screening; provided, that the adjacent residentially zoned property is fully developed with other than a dwelling or dwelling units.
 
      3.   Substitution Of Building For Fence: The wall of a commercial building facing a side or rear yard adequately serves as a screening fence; provided, that the yard setback area between the building and the property line shall be entirely landscaped. It shall be unlawful to use any part of such area for storage, dumping, garbage receptacle, loading and unloading, delivery, other service access, or parking.
 
(Ord. 91-11, 5-23-1991; amd. Ord. 97-44, 6-17-1997; Ord. 99-14, 3-16-1999; Ord. 99-38, 10-19-1999; Ord. 2023-59, 11-7-2023)