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Bruceville Eddy City Zoning Code

§ 13

Fence and wall regulations, display for sale, and open storage.

13-100 
In any residential district or along the common boundary between any residential or nonresidential district where a wall, fence or screening separation is erected, the following standards for height and design shall be observed.
13-101 
Height of fence or wall.
1. 
Any fence or wall erected on the property line and located to the rear of the minimum required front yard line, as determined by the provision of 8-401 shall not exceed eight (8) feet in height above the adjacent grade. No vehicles shall be parked and no fence, wall, screen, or view obstruction or foliage or hedges, frees, bushes, or shrubs are allowed to be erected, planted or maintained within the “intersection visibility triangle” so as to obstruct within the sight line at elevations between three (3) feet and eight (8) feet above the average street grade. Obstructions of this nature are declared to be a public traffic nuisance.
In connection with regulations provided herein, “intersection visibility triangle” means a triangle sight area, at all intersections where the streets, avenues, alleys and public or private drives, intersect. It includes that portion of public right-of-way and any corner lot in the triangular area formed by extending the curb lines of the intersecting streets to their imaginary point of intersection for the first point of the triangle, then proceeding back from this imaginary point of intersection fifteen (15) feet along the curb lines of the intersecting streets to establish the two (2) remaining points of the triangle. These points shall then be connected with imaginary lines, thereby forming a triangle. If there are no curbs existing, the triangular area shall be formed by extending the pavement edges to the imaginary point of intersection of the streets and then proceeding in the same manner described above.
Any fence, wall, screen, hedge, tree, bush, shrub, erected, planted or maintained in violation of these paragraphs shall be removed within ten (10) days upon written notice from the city to the owners of the affected or adjacent property.
13-102 
Screening walls/fences, screened refuse areas, display for sale, and open storage outside a building.
1. 
Screening wall/fences.
Any screening wall or fence required under the provisions of this Ordinance shall be constructed of masonry, wood or other suitable materials, or with a concrete or metal frame supporting a permanent type wall or fence material which does not contain openings constituting more than forty (40) square inches in each one (1) square foot of wall or fence surface, and the surface of such wall or fence shall constitute a visual barrier. All wall or fence openings shall be equipped with gates equal in height and screening characteristics to the wall or fence. The planned development ordinance shall address required fencing. Multiple-Family Dwelling Units, Townhouses, Condominiums, Manufactured Home Parks and Subdivisions, and all nonresidential uses shall provide and maintain a minimum six (6) foot high screen of solid wood and/or masonry fence and/or a natural landscape screen which achieves this screening objective, at the property line where abutting a single-family or duplex residential use, or where abutting any single-family residential zoning district. However, when these uses are separated from the single-family or duplex residential uses by a public street, this screening requirement will not be applicable.
2. 
Screened refuse areas.
Refuse container storage areas are encouraged in a rear service area, or alley where available, for all uses other than single-family and two-family dwellings. Refuse container storage areas located within fifty (50) feet of the curb line of a public street and visible from the public street shall be visually screened from public view by a minimum six (6) foot high solid wooden fence, or suitable alternate, on all sides except the side used for garbage pickup service. At all times maintenance of fencing for the screened refuse area shall be the responsibility of the property owner. Standards for screened refuse areas shall include:
(a) 
clear opening of 8' width;
(b) 
gates must allow truck to pull alongside within 6" of enclosure;
(c) 
enclosure must allow maneuvering room to avoid backing into street or other traffic area; and
(d) 
concrete required for area in front of pickup service opening.
The City Council will consider variance requests to these requirements in accordance with the procedure established in Section 16 of this Ordinance.
3. 
Display for sale.
No commodities, materials, or equipment may be displayed for sale outside a building in any Residential or Local Retail district, except as exempted below:
(a) 
garage sales;
(b) 
new or used automobile dealer facilities;
(c) 
motorcycle, boat, recreational vehicle, and other motorized vehicle/sales facility;
(d) 
retail plant nursery and produce stand;
(e) 
tires, batteries, etc. in conjunction with a full-service gasoline service station only;
(f) 
temporary display for a sidewalk sale;
(g) 
other uses not listed above where the display for sale area is situated adjacent and/or behind the principal business building and does not exceed a maximum twenty (20%) percent of the building floor area of the business.
Commodities, materials, and equipment may be displayed for sale in the General Business, Light Industrial, and Heavy Industrial districts if not otherwise prohibited or restricted by other provisions of this Ordinance.
4. 
Open storage outside a building.
Open storage of commodities, materials, and equipment outside a building is permitted as an accessory use in General Business, Light Industrial, and Heavy industrial districts if not otherwise prohibited or restricted by other provisions of this Ordinance. Such open storage must be screened from public view by a solid wooden, masonry or other suitable screening fence of adequate height to provide an effective screen when located adjacent to, or across the street from, any residentially zoned or developed property.
(Ordinance 2003-01, sec. 13, adopted 3/4/03; Ordinance 2003-9-4, sec. 13, adopted 9/4/03)