Accessory uses permitted in any Commercial (B) District, as set forth in Schedule 1137.02, shall conform to the regulations in this Section as well as any other applicable Sections.
(a) Accessory Buildings. Accessory buildings that have a gross floor area of two hundred (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 1137.04. 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 applicable Commercial District.
(b) Fences and Walls. Fences and walls may be erected in any Commercial (B) District in compliance with the requirements set forth below.
(1) Location and Condition.
A. Fences may be located in any part of the yard. 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.
B. In order to maintain clear vision lanes for vehicles and pedestrians, no opaque fences shall be permitted within ten (10) 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.
C. Fences, gates, doors and other obstructions shall not swing across or over a sidewalk or public right-of-way.
D. On a corner lot, all fences must comply with the visual clearance requirements for corner lots set forth in Chapter 1157, General Use Regulations.
E. No fence shall be constructed, without City authorization, within a utility easement. Any fence constructed within a utility easement, or inhibiting access to such easement, may be removed by the City and the cost of such removal may be charged against those parties having an interest in the fence.
F. All fences shall be maintained in good condition, be structurally sound and attractively finished at all times.
(2) Materials and Construction.
A. Approved fencing materials include stone, brick, finished wood, iron, or synthetic look-alike products.
B. A living fence whose species has briars, thorns or other foliage which can scratch, injure or harm a person or animal shall be kept trimmed by the owner when such fence is within the required front, side or rear setback.
C. No fence shall be electrified or topped with broken glass, spikes, barbed wire or other sharp edged material.
D. Only ornamental fences shall be permitted in a front and/or corner side yard of a building, unless required for screening pursuant to Chapter 1155, Landscaping & Screening or provided for outdoor dining pursuant to Section 1137.07
. At least 75% of the vertical surface of the fence located in a front or corner side yard shall be open and such openness shall be uniformly distributed across the vertical surface.
E. All fences shall be designed, constructed, and finished so that the supporting members face the property of the owner of the fence.
F. 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 seven (7) feet in height in any rear or side yard, or exceed three (3) feet in height when located in front of a building, unless otherwise required by this Planning and Zoning Code.
(4) Screening and Landscaping.
A. 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:
1. Fences that are located within required building and parking setbacks shall be considered appropriately screened when the landscaping required in Section 1155.05
, Landscaping along the Street Frontage, is planted within five (5) feet of the fence and between the fence and the property line.
2. 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:
a. 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;
b. 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,
c. The landscaping may be flexible in its arrangement by appropriately aggregating the required plant materials.
(5) Any proposed fence shall be approved as part of a Development Plan Review in accordance with Chapter 1111.
(c) Waste Receptacles. Solid waste, including empty packing boxes, crates and other materials that result from any permitted principal, conditional or accessory use, shall be disposed of, stored in buildings, or completely enclosed in containers, and shall not be permitted to accumulate on the lot. All trash receptacles, other than those completely enclosed by buildings, shall be located in a side or rear yard on a paved surface and shall comply with the minimum parking setbacks established in Schedule 1137.04 and the Screening Requirements set forth in Chapter 1155.
(e) Parking Lot Shopping Cart Corals. If establishments permit shopping carts in parking lots, then shopping cart corals shall be provided. These corals shall be permanently anchored and are subject to review and approval by Architectural Board of Review. (Ord. 2006-35. Passed 5-25-06.)