(a) Fences and Walls. Notwithstanding other provisions of this zoning code, fences, walls and foliage are permitted in required yards under the following conditions:
(1) The height shall not exceed four feet in the front yard, including both front yards of a corner or through lot, except within the clear vision triangle (see Section 1260.02(b)) which shall be three feet.
(2) Fences, walls and foliage adjacent to any public sidewalk shall be set back at least one foot from the inside of the sidewalk.
(3) Visibility into and out of any driveway or street shall remain unobstructed.
(4) Within a side or rear yard in a Residential District, no fence or wall shall be permitted to exceed a height of six feet, measured from the natural grade to the uppermost portion of the fence.
(5) In Residential Districts, if both sides of the fence are not identical, the finished side shall face the adjoining property.
(6) Fences in nonresidential districts shall be permitted up to eight feet in height, provided for each foot exceeding six feet, there shall be a one and one-half foot setback from side property lines.
(7) Barbed wire or electrically charged fences may be erected in nonresidential districts, provided the electrically charged or barbed section of the fence shall be no lower than seven feet above grade.
(8) Fences, walls or foliage erected or maintained above or within utility easements shall be subject to removal, as necessary, to provide access to such easements.
(b) Temporary Buildings and Structures.
(1) Construction buildings and structures, including trailers, incidental to construction work on a lot, may be placed on that lot, subject to the following:
A. Construction buildings and structures may only be used for the storage of materials, tools, supplies and equipment, for construction management and supervision offices, and for temporary on-site sanitation facilities related to construction activity on the lot. An enclosed structure for temporary sanitation facilities shall be required on all construction site.
B. No construction building or structure shall be used as a dwelling unit.
C. A permit shall be obtained from the Zoning Administrator prior to installation of a construction building or structure.
D. Construction buildings and structures shall be removed from the site within 15 days after an occupancy permit is issued by the Zoning Administrator for the permanent structure on the lot, or within 15 days after the expiration of a building permit issued for construction on the lot.
(2) Sales offices or model homes may be placed on a lot subject to the following:
A. A permit shall be obtained from the Zoning Administrator prior to installation or construction. The permit shall specify the location of the office and shall be valid for a period of up to one year. A temporary permit may be renewed by the Zoning Administrator for up to two successive one-year periods of less at the same location, if it is determined that the temporary building is still incidental and necessary.
B. Only transactions related to the development in which the temporary building is located shall be conducted within the building. General offices for real estate, construction, development or other related businesses associated with the project shall not be permitted.
(c) Unlawful Buildings and Uses. Any building, use or lot which has been unlawfully constructed, occupied or created prior to the date of adoption of this code shall continue to be unlawful, unless expressly permitted by this zoning code. Such buildings, uses or lots shall not be considered to be nonconforming and are not entitled to any consideration under the provisions of Chapter 1282.
(Ord. 2013-19. Passed 9-16-13; Ord. 2020-26. Passed 10-19-20.)