(A) Purpose. In the enforcement of this title, consideration shall be given to the character of intended uses and that of the surrounding area. All development shall harmonize with its surroundings. Development shall not offend the educated observer's aesthetic sense of design, form, proportion, color, material, position or other development feature. ('69 Code, § 7-12.01)
(B) Screening. Whenever development cannot be placed in harmony with its surroundings adequate screening and distance buffering shall be provided to make it so. Screening shall be an obscuring wall or fence or other method approved by the Administrator. Table 3, entitled Required Fences, indicates those conditions which are considered inherently disharmonious and adequate screening shall be provided at the side and rear of the parcel between conflicting areas. ('69 Code, § 7-12.02)
(C) Walls and fences.
(1) All walls and fences hereafter erected shall be durable, weather resistant, rust proof and easily maintained. Masonry walls shall be erected on foundations which are a minimum of 42 inches below grade. All fences shall be constructed of stone, brick, wood, wrought iron, PVC, vinyl, aluminum, plastic lumber or chain link materials. Snow fencing and chicken wiring is prohibited. Any material not specified in this section may be permissible through the issuance of a conditional use permit. All walls and fences shall be kept in good condition, plumb and true without damage.
(2) All required walls and fences shall have no openings except those approved by the Administrator.
(3) No fence in a residential area shall exceed eight feet six inches in height with rear and side yards nor five feet within front yards.
(4) Exception from maximum height of fences in the front yard for institutional and recreational uses in residential districts.
(a) Purpose and intent. The purpose and intent of this division is to provide a limited exception for fences to exceed the maximum height in the front yard in residential districts, to accommodate those institutional and recreational uses which customarily need such fences to conduct their operations.
(b) Applicability. The provisions of this division shall apply to institutional uses such as schools, churches, health care facilities, nursing homes, licensed group child care facilities and similar uses, but shall not apply to family or in-home child care where such care is provided in a way which is incidental to the building's primary use as a residence. The provisions of this division shall also apply to recreational uses such as parks, playgrounds, athletic fields, swimming pools and similar uses.
(c) Conditional use. Fences which are located in the required front yard in residential districts and which exceed the maximum height as established in Subd. 3 may be allowed as a conditional use, provided such fences do not exceed eight feet six inches in height, are not sight obscuring, and are incidental to an institutional use or recreational use. In such cases a conditional use permit shall be required for such fences to exceed the maximum height in the front yard as established in division (C)(3) above of this section.
('69 Code, § 7-12.03) (Am. Ord. 856, passed 3-9-98; Am. Ord. 1028, passed 7-13-09)
(D) Greenbelts.
(1) Obscuring greenbelts may be substituted for obscuring walls or fences when approved in detail by the Administrator.
(2) Whenever a buffer or greenbelt approved as an obscuring greenbelt under division (D)(1) above is required, it shall be planted within six months from the date of issuance of a certificate of occupancy and shall thereafter be maintained in healthy condition so as to screen abutting properties.
(3) Plant materials shall provide an evergreen screen and shall be planted so as to not extend over the property line from ground level to eight feet in height and in no case shall they be planted closer than four feet from the fence or property line. Multiple rows of deciduous and evergreen trees and shrubs are desirable.
(4) Evergreen trees shall be a minimum of two inches in diameter and shrub material shall be a minimum of 2½ feet in height when planted.
('69 Code, § 7-12.04)
(E) Distance buffering. Certain uses and activities are inherently incompatible with other uses and activities and are hereby separated so as to reduce conflict and to maintain amenity as indicated on the Table 4, entitled Required Distance Buffering. ('69 Code, § 7-12.05)
(F) Landscaping. Required front yards for all residential districts shall consist of a green space area of not less than 60%. A green space area shall be defined as an area designated for decorative landscaping and/or lawns. Green space shall not include surfaces designed for vehicular and pedestrian movement or other impervious surfaces. All green space areas shall be properly maintained and in well-kept condition. ('69 Code, § 7-12.06)
(G) Required trash areas. Except in the case of single family uses, all uses that provide trash or garbage collection areas shall enclose these areas on at least three sides by opaque screening at least six feet in height. The open side of the trash or garbage collection area shall not face any street, or the front yard of any abutting property. ('69 Code, § 7-12.07)
(H) Exceptions.
(1) The Administrator may temporarily waive screening requirements for an initial period not to exceed 12 months. Granting of subsequent waivers for periods of no more than one year shall be permitted.
(2) In the event that terrain or other natural features are such that the erection of obscuring greenbelts, walls or fences will not serve the intended purpose, as determined by the Administrator, then no such fences, wall or green belt shall be required.
(3) The Administrator shall be considered an educated observer.
('69 Code, § 7-12.08)
(Am. Ord. 889, passed 12-13-99; Am. Ord. 1067, passed 5-13-13; Am. Ord. 1102, passed 12-12-16) Penalty, see § 155.999