(A) Unless otherwise provided in this chapter, fences, walls, and hedges may be permitted in any required side or rear yards or along the edge of any required side or rear yards. In the case of a front yard, any fence, wall, or shrub which obstructs vision between a height of two and one-half feet and ten feet measured from the established street grades within the triangular area formed by intersection of any street right-of-way lines by a straight line drawn between those right-of-way lines extended along each line 25 feet from their intersection, excluding frontage roads, shall be prohibited.
(B) Whenever an AG-B, C-1, C-2, C-3, M-l, PD-C use, or a commercial use within a PD-M district abuts a residential district, a fence eight feet in height shall be erected along the district boundary unless:
(1) The district boundary is separate from the residential district by a street.
(2) The district boundary is located on a side lot line, in which case the required fence shall be limited in height to three and one-half feet from the point at which the side lot line intersects the front building line of the abutting residential property to the front property line.
(C) Whenever an AG-B, C-1, C-2, C-3, M-l, PD-C use, or a commercial use within a PD-M district abuts a residential district, all fences constructed to a height of eight feet pursuant to this section shall be made of a solid material, without gaps or spaces, to reduce noise transmission. If a wood fence is constructed, it shall be of tongue and groove or similar design to present a solid face. Each fence shall be water-resistant treated. The structural design of all eight-foot fences shall be approved by a registered engineer or architect. Where proper engineering practice calls for a berm as part of the fence construction, a berm shall be required.
(D) Unsightly rear entrances, utility or maintenance structures, HVAC mechanicals, backup generators, storage areas, and loading areas/facilities for commercial, multifamily residential, and industrial uses shall be screened by a solid wall of eight feet in height and shrubbery, or a fence of eight feet in height and shrubbery, if such area is not within an enclosed building or structure. Such screenings shall be situated so as to screen the view of these features from adjacent roads and properties. Such wall screenings shall be constructed of wood, vinyl, brick, decorative concrete block, stone and shrubs. The shrubs chosen will be of a type, when mature, are normally expected to grow to the height of the fence or solid wall within five years of planting.
(E) Trash and/or garbage collection areas for commercial, multifamily residential and industrial uses shall be enclosed on at least three sides by a solid wall of eight feet in height and shrubbery, or by a fence of eight feet in height and shrubbery, if such area is not within an enclosed building or structure. Such screening shall be situated so as to screen the view of the collection area from adjacent roads and properties. Such wall screening shall be constructed of wood, vinyl, brick, decorative concrete block, stone and shrubs. The shrubs chosen will be of a type, when mature, are normally expected to grow to the height of the fence or solid wall within five years of planting.
(F) The fencing required by this section shall be mandatory for commercial or manufacturing developments.
(G) The Plan Commission may approve a deviation from the strict application of any of the above requirements relative to screening if:
(1) It can be clearly demonstrated that for topographic reasons, a fence, wall, and/or screening as required herein could not possibly screen the activities from view;
(2) A written request is received from the owners of the abutting residential district property that the screening as required herein should be waived or varied based on stated purposes;
(3) It can be clearly demonstrated that it is highly improbable that the abutting property will be developed for residential purposes.
(Ord. 255, passed 12-10-2015)