Center City City Zoning Code
CHAPTER 213
FENCING, SCREENING, AND LANDSCAPING REQUIREMENTS
§ 213.01 PURPOSE.
The purpose of this chapter is to establish standards for the installation of fencing, screening, and landscaping as may be required by other chapters of this title and to protect the general health, safety, and welfare of the city.
(Ord. 2011-06-07A, passed 6-7-2011)
§ 213.02 FENCES AND RETAINING WALLS.
Fences shall be permitted in all yards subject to the following:
(A) Permit required. No person, except on a farm and related to agricultural uses, shall hereafter construct or cause to be constructed or erected within the city, any fence or retaining wall without first making an application for and securing a permit with the Zoning Administrator.
(B) Locations; boundary line fences.
(1) Fences, including footings, shall be located entirely upon the private property for which the building permit has been issued and no fence shall be placed on or extend into public rights-of-way or onto public property.
(2) Such a fence of any material shall be located no closer than 3 feet from any side or rear lot line on the property of the person constructing or causing the construction of the fence.
(3) An exception to the above restriction involving an encroachment up to the side or rear property line shall be allowed by administrative permit provided that a fence agreement addressing construction, maintenance, and repair responsibilities, as well as trespass rights, is established between the adjoining property owners and said agreement is filed with the County Recorder against the titles of the respective properties.
(4) The owner of the property on which a fence exists or is proposed to be constructed is responsible for verifying their property lines according to § 203.02 (Certificate of Survey Required) of this title.
(5) Fences in easements shall not impede the flow of water. If the city needs to utilize the easement, the fence will be removed and relocated at the expense of the property owner.
(C) Construction and maintenance.
(1) Every fence shall be constructed in a substantial, workmanlike manner and of substantial material reasonably suited for the purpose for which the fence is proposed to be used. Every fence shall be maintained in a condition of reasonable repair and shall not be allowed to become and remain in a condition of disrepair or danger, or constitute a nuisance, public or private. Any such fence which is, or has become dangerous to the public safety, health or welfare, is a public nuisance, and the Zoning Administrator shall commence proper proceedings for the abatement thereof.
(2) Except as otherwise permitted, security fences, wherever allowed shall be constructed in such a manner, that no barbed ends shall be at the top.
(3) Electric fences shall only be permitted in the A-1 District when related to agriculture, and on farms in other districts when related to agricultural purposes, but not as boundary fences.
(4) Barbed wire fences shall only be permitted on farms related to agriculture except as provided for by § 213.02(H)(2) (Fences and Retaining Walls) of this title.
(5) That side of any fence considered to be its “face” (i.e., the finished side having no structural supports) shall face abutting property or street right-of-way.
(D) Solid walls. Solid walls up to 8 feet in height, which are not part of buildings, may be constructed and maintained only in the buildable area of a lot only by approval of a conditional use permit.
(E) Traffic sight visibility triangle. On corner lots, no fence or screen shall be permitted within the area defined as the traffic sight visibility triangle by § 205.10 (Traffic Site Visibility Triangle) of this title.
(F) Residential fencing and screening.
(1) Open for passage. Except as provided herein, fences shall be at least 5% open for passage of air, light, and drainage.
(2) Height outside buildable area. Except as provided herein, fences outside the buildable area of a lot may not exceed 6 feet in height.
(3) Height within buildable area. Except as provided herein, fences within the buildable area of a lot or in the case of a rear lot lie at least 10 feet from the rear lot line, may not exceed 8 feet in height.
(4) Fence setbacks. All fences shall be set back 10 feet from any lot line abutting a public right-of-way, except for fences constructed within the required rear yards of a double frontage lot and a side yard of a corner lot abutting a major collector or arterial street.
(5) Required front yards and side yards of corner lots.
(a) Fences extending across front yards and side yards abutting a public right-of-way shall not exceed 48 inches in height and shall be at least 75% open space for the passage of air and light, except as provided for by § 213.02(F)(5)(b) (Fences and Retaining Walls) of this title.
(b) A fence with a height greater than 48 inches or less than 75% open space may be constructed within the required rear yards of a double frontage lot and a side yard of a corner lot abutting a major collector or arterial street, provided that:
1. The fence shall be set back 15 feet from the property line abutting a major collector or arterial street.
2. The fence along a side lot line abutting a collector or arterial street right-of-way shall not extend into a required front yard and be no closer to the front lot line than a point intersecting the front line of the principal building.
3. For interior lots, a gate constructed of the same material as the fence shall be provided in the fence to allow for maintenance of the street side boulevard.
(c) All fences located within any required yard abutting a public right-of-way shall maintain the traffic visibility requirements of § 205.10 (Traffic Site Visibility Triangle) of this title.
(6) Front yard. Fences may be erected in the front yard with a permit not to exceed 48 inches in height. No fence shall obstruct or otherwise interfere with the visibility of traffic at intersections.
(7) Side and rear yard. A fence may be erected with a permit, in the side and rear yard upon the property lines, not more than 6 feet in height. The owner erecting the fence must first provide a written consent of each adjoining property owner of each boundary fence, accompanied by a drawing showing the location of the entire fence measured from not less than 2 permanent fixed appoints on the property.
(G) Swimming pool protection.
(1) Approval by the Zoning Administrator or their designee in accordance with § 198.03 (Non-permit Approvals) of this title shall be required for swimming pools having a depth of 24 inches at any point and a surface area exceeding 150 square feet.
(2) Each application for a permit to construct or erect a swimming pool shall be accompanied by plans of sufficient detail to show:
(a) The proposed location of the pool and its relationship to the principal building on the lot.
(b) The size of the pool.
(c) Fencing and other fixtures existing and proposed on the lot, including utility location and trees.
(d) The location, size, and types of equipment to be used in connection with the pool, including, but not limited to, filter unit, pump fencing, and the pool itself.
(e) That the requirements contained in this § 213.02(G)(2) and (3) (Fences and Retaining Walls) of this title will be satisfied including submission and approval of a site plan.
(3) All swimming pools for which a permit is required and granted shall be provided with safeguards to prevent children from gaining uncontrolled access. This can be accomplished with fencing, screening, or other enclosure, or any combination thereof, of sufficient density as to be impenetrable. If fences are employed, they shall be at least 4 feet in height. The bottoms of the fences shall not be more than 4 inches from the ground nor shall any open space in the fence be more than 4 inches. Fences shall be of a noncorrosive material and shall be constructed as to be not easily climbable. All fence openings or points of entry into the pool enclosure shall be equipped with gates or doors. All gates or doors to swimming pools shall be equipped with self-closing and self-latching devices placed at a sufficient height so as to be inaccessible to all small children. The fencing requirements of this § 213.02 (G) (Fences and Retaining Walls) of this title need only be provided around the means of access on aboveground pools which have 4 feet high, vertical or outward inclined side walls. Prior to filling the pool, the approved fence and/or screen must be completely in place and inspected and approved by the City Building Official.
(4) In all residential districts, swimming pools and any attached or functionally related deck that is more than 30 inches above grade shall be set back 10 feet from all adjoining lots and, except for fences and pump enclosures, shall be located at least 10 feet away from any other building or structure on the same lot and shall not be located within a drainage or utility easement or required buffer yard. Swimming pools shall not be permitted in a front yard or in the area between the street right-of-way and the minimum required building side yard setback line.
(H) Business and industrial fencing.
(1) Except in a required front yard, business and industrial fences may be erected up to 8 feet in height. Fences in excess of 8 feet, not located in a required front yard, shall require a conditional use permit.
(2) Business and industrial fences with barbed wire security arms shall be erected a minimum of 6 feet in height (measured without the security arm). The security arm shall be angled in such a manner that it extends only over the property of the permit holder and does not endanger the public. Such security fencing shall be prohibited within a required front yard, side yard abutting a public right-of-way or when located along a property line abutting a residential use.
(I) Special purpose fences. Fences for special purposes and fences differing in construction, height, setback or length may be permitted in any district in the city by issuance of a conditional use permit approved by the City Council. Findings shall be made that the fence is necessary to protect, buffer, or improve the premises for which the fence is intended.
(J) Retaining walls. Retaining walls which have a toe within 15 feet of a street and run essentially parallel to the street may have a maximum exposed height of 5 feet at any point along the wall. An additional 2 feet in height is permitted when the wall is faced with a decorative masonry or stone, subject to approval of the City Council. A maximum of 2 feet successive walls are permitted, provided that they are at least 5 feet apart and have a slope between walls not to exceed 2:1 horizontal to vertical steepness.
(K) Materials. All exposed retaining walls which may be visible to surrounding properties or streets shall be constructed with stone, textured poured concrete, textured decorative colored masonry block with colored grout where grout is used to blend with the color of the natural hillside, or that the wall(s) of a permanent detached accessory storage container can be engineered to be allowed as a retaining wall in addition to the wall of the structure. It shall be the requirement of the applicant or owner to provide the proper engineering specs to the city for review and approval in order to allow a storage container as a retaining wall.
(Ord. 2011-06-07A, passed 6-7-2011; Am. Ord. 11-5-2019B, passed - -; Am. Ord. 2024-05-07, passed 5-7-2024)
§ 213.03 GENERAL MANDATORY LANDSCAPING AND MAINTENANCE.
(A) All exposed ground areas, including street boulevards, and areas not devoted to off-street parking, drives, sidewalks, patios, or other such improvements shall be landscaped with grass, shrubs, trees (except in boulevard portions of the public right-of-way), or other ornamental landscape materials within one year following the date of building occupancy, as determined by the temporary certificate of occupancy. A final certificate of occupancy may be issued upon compliance with this section.
(B) All landscaped areas shall be maintained by the property owner and kept neat, clear, and uncluttered, and where landscaping is required as part of city approvals, any plant material which is diseased or dies shall be replaced with like kind of the original size. No landscaped area shall be used for the parking of vehicles or for the storage or display of materials, supplies, or merchandise, unless specifically approved by the city.
(C) Fences and/or plantings placed upon utility easements or within right-of-way are subject to removal by the city or utility company if required for maintenance or improvement of the utility. In such case, costs for removal and replacement shall be the responsibility of the property owner. Trees on utility easements containing overhead wires shall not exceed 15 feet in height, and such trees shall be the property owner’s responsibility to maintain.
(Ord. 2011-06-07A, passed 6-7-2011)
§ 213.04 REQUIRED SCREENING AND LANDSCAPING.
(A) Screening and landscaping. Except in the B-1 Downtown Business District, if exempted by the Zoning Administrator, where any business or industrial use (i.e., structure, parking or storage) abuts property zoned for residential use, such business or industry shall provide screening along the boundary of the residential property. Screening shall also be provided where a business or industry is across the street from a residential zone, but not on that side of a business or industry considered to be the front (as determined by the Zoning Administrator). All the screening specifically required by this title shall be subject to § 205.10 (Traffic Site Visibility Triangle) of this title and shall consist of a greenbelt strip as provided for below.
(1) A greenbelt planting strip shall consist of evergreen trees and/or deciduous trees and plants and shall be a minimum of 20 feet in width and of a sufficient density to provide a visual screen and reasonable buffer. This planting strip shall be designed to provide visual screening to a minimum height of 6 feet. The grade for determining height shall be the grade elevation of the building or use for which the screening is providing protection, unless otherwise established by the Zoning Administrator. The planting plan and type of plantings shall require the approval of the Zoning Administrator.
(2) A fence may also be installed, but not in lieu of the greenbelt. The fence shall be constructed of masonry, brick, or wood, except as otherwise provided herein. Such fence shall provide a solid screening effect and shall be a minimum of 6 feet in height but shall not exceed 8 feet in height. The grade for determining height shall be the grade elevation of the building or use for which the screening is providing protection, unless otherwise established by the Zoning Administrator. The design and materials used in constructing a required screening fence shall be subject to the approval of the Zoning Administrator. Fences in excess of 8 feet in height may be permitted by a conditional use permit.
(B) Landscape plan. Prior to approval of a building permit, all new residential subdivisions, (excluding residential structures and subdivisions containing less than 4 dwelling units) institutional, commercial, and industrial uses, shall be subject to a mandatory landscape plan and specification requirements. A certified grading plan shall be provided prior to installation of any plantings to verify consistency with the approved grading and screening plan.
(1) Said landscape plan shall be developed with an emphasis upon the boundary or perimeter of the proposed site at points adjoining a public right-of-way, other property and the immediate perimeter of the structure.
(2) All landscaping incorporated in said plan shall conform to the following standards and criteria.
(a) Minimum size. All plants must at least equal the following minimum size in conformance with American Nursery Association standards.
Potted/Bare Root | Balled and Burlapped |
Potted/Bare Root | Balled and Burlapped | |
Shade Trees* | 2½ inch diameter | 2½ inch diameter |
Ornamental trees (flowering crabs, Russian olive, hawthorn, etc.) | 6 to 7 feet | 2 inch diameter |
Evergreen trees | - | 6 feet |
Tall shrubs and hedge material (evergreen or deciduous) | 3 to 4 feet | 3 to 4 feet |
Low shrubs, deciduous | 18 to 24 inch | 24 to 30 inch |
- Evergreen | 18 to 24 inch | 24 to 30 inch |
- Spreading Evergreens | 18 to 24 inch | 18 to 24 inch |
*Type and mode are dependent upon time of planting season, availability, and site conditions (soils, climate, ground water, manmade irrigation, grading, etc.).
(b) Spacing.
1. Plant material centers shall not be located closer than 3 feet from the fence line or property line and shall not be planted to conflict with public plantings, sidewalks, trails, fences, parking areas, and driveways based on the judgment of the Zoning Administrator.
2. Where plant materials are planted in 2 or more rows, plantings shall be staggered in rows unless otherwise approved by the Zoning Administrator.
3. Deciduous trees intended for screening shall be planted not more than 40 feet apart. Evergreen trees intended for screening shall be planted not more than 15 feet apart.
4. Where massing of plants or screening is intended, large deciduous shrubs shall be planted 4 feet on center or closer, and/or, evergreen shrubs shall be planted 3 feet on center or closer.
(c) Types of trees. Trees suitable for complying with this chapter shall be approved by the Zoning Administrator.
(d) Design (except for pond slopes which shall be subject to the review and approval of the City Engineer).
1. The landscape plan must show some form of designed site amenities (i.e., composition of plant materials, and/or creative grading, decorative lighting, exterior sculpture, etc.) which are largely intended for aesthetic purposes.
2. All areas within the property lines (or beyond, if site grading extends beyond) shall be treated. All exterior areas not paved or designated as roads, parking, or storage must be planted into ornamental vegetation (lawns, ground covers, or shrubs) unless otherwise approved by the Zoning Administrator.
3. Turf slopes in excess of 3:1 are prohibited.
4. All ground areas under the building roof overhang must be treated with a decorative mulch and/or foundation planting.
5. All buildings must have an exterior water spigot or irrigation system to ensure that landscape maintenance can be accomplished.
6. Trees and shrubs shall not be planted in the right-of-way except for designated parkways and streets as determined by the City Council.
7. All plants required as part of an approved landscaping plan shall be maintained and kept alive. Dead plants shall be replaced in accordance with the approved landscape plan.
(e) Landscape guarantee. All new plants shall be guaranteed for 12 months from the time planting has been completed. All plants shall be alive, of good quality, and disease free at the end of the warranty period or be replaced. Any replacements shall be warranted for 12 months from the time of planting.
(C) Residential buffer yards. Except for lots of record, the following additional lot requirements and screening provisions shall be required for parcels abutting major collector or arterial streets as designated by the Center City Comprehensive Plan.
(1) Lot and setback requirements.
(a) For double frontage lots, the following standards shall apply:
R-1 | R-2 | R-3 | |
Lot depth | 120' | 170' | 140' |
Rear setback | 40' | 50' | 45' |
(b) For corner lots where the side yard abuts a major collector or arterial street, the following standards shall apply:
R-1 | R-2 | R-3 Single-Family | R-3 Two-Family | |
Lot width | 75' | 110' | 95' | 105' |
Side setback | 30' | 40' | 35' | 35' |
(c) Within the R-4, Multiple-Family Residential District, the following principal building setbacks shall apply:
Arterial streets | 50 feet |
Major collector streets | 40 feet |
(2) Easement. A drainage and utility easement shall be established over the full depth and width of the required buffer yard encompassing all plantings and the slopes of earth berms required by this section. No structure shall be installed within the easement other than a fence as may be allowed.
(3) Screening plan required. For applicable subdivisions, a comprehensive buffer yard plan shall be submitted. The plan shall identify all proposed buffer screening in both plan and sectional view. A certified grading plan shall be provided prior to installation of any plantings to verify consistency with the approved grading and screening plan.
(4) Timing/responsibility of installation. Weather permitting, all buffers, berms, and/or plantings shall be constructed or planted prior to the issuance of a final certificate of occupancy.
(5) Maintenance.
(a) Maintenance of the buffer yard berms, plantings, and/or fences shall be the responsibility of the individual property owners or, if applicable, the homeowners’ association.
(b) The color of the screening wall or fence shall be uniform along its entire length. Any modifications to the screening wall or fence shall require the approval of the Zoning Administrator.
(c) All repairs to the screening wall or fence shall be consistent with the original screening wall or fence design in regard to location and appearance.
(d) Replacement of landscape materials or plantings in a buffer yard area shall be consistent with the approved buffer yard screening plan.
(e) All repair or plant replacement shall be done within 45 days of written notification from the city or if applicable, the homeowners’ association.
(6) Design standards.
(a) Buffer yards. Except where natural vegetation is acceptable, buffer yards shall contain a combination of earth berms, plantings, or privacy fencing of a sufficient density to provide a minimum visual screen.
(b) Plantings. All designated buffer yards must be sodded except in areas of steep slopes where natural vegetation is acceptable as approved by the Zoning Administrator. All plantings within designated buffer yards shall adhere to the following.
1. Plant material centers shall not be located closer than 5 feet from the fence line or property line, and shall not conflict with public plantings, sidewalks, trails, etc.
2. Landscape screen plant material shall be in 2 or more rows. Plantings shall be staggered in rows unless otherwise approved by the Zoning Administrator.
3. Shrubs shall be arranged to lessen the visual gaps between trees. Along arterial streets, all plantings of deciduous trees shall be supplemented with shrubs such that the buffer yard contains a continuous band of plants.
4. Deciduous shrubs shall not be planted more than 4 feet on center, and/or evergreen shrubs shall not be planted more than 3 feet on center.
5. Deciduous trees intended for screening shall be planted not more than 40 feet apart. Evergreen trees intended for screening shall be planted not more than 15 feet apart.
(c) Walls and fences. All walls and fences erected within designated buffer yards shall meet the following conditions.
1. Walls and fences formally approved as part of the subdivision and site plan process shall conform to all of the requirements of this section.
2. At least 50% of the street side of a screening fence shall be landscaped with plant materials. Plant materials shall be at least equal to the fence height.
3. Fences may be exposed no more than a maximum length of 20 feet between landscaping areas or clusters.
4. For interior lots, a gate constructed of the same material as the fence shall be provided in the wall or fence to allow for maintenance of the street side boulevard.
(d) Earth berms. Earth berms within designated buffer yards shall adhere to the following.
1. Except in areas of steep slopes or where other topographic features will not permit, as determined by the City Engineer, an earth berm installed in a designated buffer yard shall be installed with a minimum height of 4 feet.
2. The slope of the earth berm shall not exceed a 3:1 slope unless approved by the City Engineer.
3. The earth berm shall contain no less than 4 inches of topsoil.
(Ord. 2011-06-07A, passed 6-7-2011)
§ 213.05 TREE PRESERVATION.
Prior to the issuance of building permits for all new and/or expanded multiple-family residential, commercial, industrial, and institutional uses, a tree preservation plan shall be submitted. The plan and its implementation shall be in accordance with the requirements as outlined in the city’s subdivision ordinance under Title XVII: Subdivison Regulations of the city code and shall be subject to the review and approval of the Zoning Administrator. The Zoning Administrator may exempt an applicant from the submission of a tree preservation plan upon demonstration that such a plan is not considered relevant to the site in question.
(Ord. 2011-06-07A, passed 6-7-2011)
§ 213.06 SCREENING OF MECHANICAL EQUIPMENT.
All rooftop and ground mounted mechanical equipment of residential buildings having 5 units or more and of nonresidential buildings shall comply with the following standards:
(A) All rooftop and ground mounted mechanical equipment shall be screened so as to mitigate noise in compliance with § 205.12(B) (Emissions, Noise, Odors, Smoke, Air Pollution, Dust and Other Particulate Matter, and Waste) of this title.
(B) All rooftop and ground mounted mechanical equipment shall be designed (including exterior color) and located so as to be aesthetically harmonious and compatible with the building. Screening of and landscaping around the equipment may be required where the design, color, and location of the equipment are found to not effectively buffer noise or provide aesthetic harmony and compatibility. Screening shall be constructed of durable materials which are aesthetically compatible with the structure and which may be an integral part of the structure. Applicable requirements for access to the equipment shall be observed in the design and construction of the screening.
(C) Rooftop mechanical equipment less than 3 feet in height may be exempt from screening requirements by the Zoning Administrator.
(Ord. 2011-06-07A, passed 6-7-2011)