(a) Fences and Walls.
Fences and walls may be erected in the Central Business Mixed Use District in compliance with the requirements set forth below.
(1) Location.
A. Fences may be built up to, but not on, the property line, and shall be located entirely on the property of the person constructing it, except property owners, with written permission from abutting property owners, may connect to fences on adjoining properties.
B. In order to maintain clear vision lanes for vehicles and pedestrians, no opaque fences shall be permitted within twenty (20) feet, in any direction, of the following points:
1. At the intersection of a driveway and sidewalk (or front property line if there is no sidewalk);
2. At the intersection of a driveway and public right-of way;
3. At the intersection of any two driveways.
(2) Materials and Construction.
A. Approved fencing materials include stone, brick, finished wood, iron, or synthetic look-alike products.
B. No fence shall be electrified or topped with barbed wire.
D. All fences shall be designed, constructed, and finished so that the supporting members face the property of the owner of the fence.
E. All fences on a single parcel shall have a unified style along a single plane and for all fence segments visible from off the premises from any single direction.
(3) Height. No fence shall exceed six (6) feet in height in any rear or side yard, or exceed three (3) feet in height when located in front of a building or in yards abutting a public street right-of-way, unless otherwise required by this Development Code.
(4) Screening and Landscaping.
A. Screening and landscaping is not required for ornamental fences.
B. All fences, other than ornamental fences, when visible from public streets, shall be visually softened and reasonably screened from the street with appropriate landscaping as follows:
i. Fences that are located within required building and parking setbacks shall be considered appropriately screened with the landscaping required in Section 1185.07
, Landscaping along the Street Frontage and Parking Setback, is planted within five (5) feet of the fence and between the fence and the property line.
ii. Fences that are not located within the required setback areas shall be screened with the following landscape materials, planted not more than five (5) feet from the fence and between the fence and the property line:
(I) One shade tree shall be provided for every thirty (30) linear feet of fence length or fraction thereof, not including gates or other fence openings. Each tree at the time of installation shall have a minimum caliper of 2.5 inches and a clear trunk height of at least six (6) feet;
(II) One shrub, that is twenty-four (24) inches in height at planting, shall be provided for every five (5) feet fence length or fraction thereof, not including gates or other fence openings; and,
(III) The landscaping may be flexible in its arrangement by appropriately aggregating the required plant materials.
(5) All fences shall be maintained in good condition, be structurally sound, and attractively finished at all times.
(6) Any proposed fence shall be approved as part of a Development Plan Review in accordance with Chapter 1127.
(b) Outdoor Display. The outdoor display of merchandise for sale shall comply with the following:
(1) Outdoor display of merchandise for sale shall be accessory and limited to products that are customarily associated with the operation of the principal business located on the premises and conducted by employees of such principal business. There shall be no outdoor display of merchandise for sale by any person operating or conducting a business that is different or distinct from the principal business conducted at that location.
(2) The area of the lot devoted to outdoor display shall not exceed fifteen percent (15%) of the ground floor area of the building(s) on the lot. The Planning Commission may grant an exception to this requirement when the ground floor area is 5000 square feet or less.
(3) The outdoor display area shall comply with the building setback requirements set forth in Schedule 1165.07 for the district in which the lot is located, unless the Planning Commission and the City Engineer approve such outdoor display areas in the public right-of-way.
(4) The outdoor display area shall not be located in areas intended for traffic or parking as identified on the approved development plan;
(5) Any proposed outdoor display areas shall be approved as part of a Development Plan Review in accordance with Chapter 1127.
(c) Accessory Buildings. All uses, other than single-family attached, shall comply with the regulations in this sub-section. The height of the accessory building shall not exceed fifteen (15) feet. Accessory buildings that have a gross floor area of 200 square feet or less shall be located in a side or rear yard and shall comply with the parking setbacks set forth in Schedule 1165.11. All other buildings shall be considered principal buildings and shall conform to all lot and setback regulations and development plan review and approval requirements of the zoning district in which the lot is located.