(a)

Definition. For purposes of interpreting this section, the term "fence" shall mean any vertical structure, other than a building or plant material, which is erected for the purpose of obstructing visual observation, or for the purpose of obstructing pedestrian, automotive, or animal movement, or for the purpose of beautification, and which is attached to the ground or to a building.

(b)

Permit required. No fence or wall exceeding three feet in height shall be erected without first obtaining a fence permit. The building official shall issue the fence permit if he finds that the proposed fence complies with all of the requirements of this section. A brick wall used as a fence shall be constructed in compliance with the building code.

(c)

Residential districts. Fences and walls located in residential districts shall be subject to the following restrictions:

(1)

Fences shall not be permitted in front yards or areas extending from any street right-of-way line to the existing building line of the main primary residence.

(2)

No wall or fence shall exceed six feet in height within a side or rear yard.

(3)

Wire fences and nondecorative metal fences (e.g. fences constructed of roofing tin) are prohibited. Chain link fence as well as fences made of wood and masonry materials are acceptable.

(4)

If a wooden fence has only one finished face, the finished side shall face the exterior property line.

(5)

All swimming pools shall be completely enclosed by a fence at least four feet in height or a screen enclosure. Openings in the fence shall not permit the passage of a six-inch diameter sphere. The fence or screen enclosure shall be equipped with self-closing and self-latching gates. Walls and fences erected for the specific purpose of providing security for accessory recreational uses, such as swimming pools and tennis courts, may be ten feet in height, provided such fence shall be set back at least one foot from the property line for each foot it exceeds six feet in height, and provided such accessory recreational use is located within a rear yard. All of the provisions pertaining to fences, including design and location, shall apply.

(d)

Commercial and industrial districts. Fences and walls located in any commercial or industrial district shall be subject to the following restrictions:

(1)

No fence or wall shall be erected, placed, or otherwise installed on any lot nearer to any street than the minimum building front setback line.

(2)

On corner lots, no fence or wall shall be erected, placed, or otherwise installed nearer to the street than the minimum front setback line on both streets.

(3)

If a fence is constructed of metal, the metal shall be of a decorative type and shall not be constructed with roofing tin. Barbed wire or razor wire may be used for security purposes in business and industrial districts along the top of a fence if such fence is six feet or greater in height, and/or for agricultural uses.

(4)

Walls and fences erected in commercial districts shall not exceed eight feet in height and in industrial districts shall not exceed ten feet in height, subject to the following:

a.

Walls and fences adjacent to a residential zoning district or to a permitted residential use shall not exceed eight feet in height along rear and side yards or six feet in height in front yards. If such fences are constructed of wood, the fence surfaces shall be painted or stained. If such fences are constructed of concrete block, the block shall be painted or stuccoed.

b.

Walls and fences shall be set back at least five feet from the property line when abutting a residential district or a permitted residential use. The setback area shall be maintained as a landscaped area.

c.

Walls and fences erected in commercial or industrial districts for enclosure, retaining, or concealment purposes (as opposed to decorative purposes) shall be solid or visually opaque and constructed so as to prevent the passage of debris or light, and constructed of materials which are of a uniform shape, color, and design.

d.

Walls and fences erected in commercial districts for enclosure, retaining, or concealment purposes shall be constructed of either brick, stone, architectural tile, masonry units, slatted wood, or other similar material (not including chain link or other fence wire except as permitted by section 90-96(d)(3)). Walls and fences erected in industrial districts for enclosure, retaining, or concealment purposes shall be constructed of all fencing materials permitted in commercial districts, as well as chain link or other fence wire (excluding barb and razor wire, the use of which is limited by section 90-96(d)(3)), and sheet metal which may be used when the fence is not abutting or adjacent to a residential zoning district or a permitted residential use, and is not located in a front yard. Any wall or fence in existence as of April 19, 1999, shall be exempt from the provisions of this subparagraph (4)d. which were adopted on said date, until such time that it needs to be replaced in its substantial entirety.

(e)

Variances. The board of appeals shall be authorized to grant general variances to the requirements of this section.

(f)

Temporary walls and fences. This section shall not prohibit the erection of temporary fences for construction sites or similar activities where approved by the city administrator for a specified period of less than 18 months.

(g)

Maintenance. All walls or fences shall be properly maintained by the owner. Any missing or damaged parts shall be replaced. Painted surfaces shall be repainted and stucco surfaces repaired as necessary to maintain a finished appearance. Weed growth shall be controlled along the structure and within an appropriate area surrounding the structure.

(h)

Nonconforming fences. Any fence in existence as of October 21, 1996, shall be exempt for the provisions of subsections 90-96(c)(3) and (4), and subsections 90-96(d)(3) and (4), which sections were adopted on said date, until such time that it needs to be replaced in its substantial entirety.

(Code 1976, § 8-3014(a); Ord. of 3-18-96, § 1; Ord. of 10-21-96(4), §§ 1—4; Ord. of 7-21-97, § 1; Ord. of 4-19-99(2), § 1; Ord. No. 2008-25, §§ 1, 2, 11-17-08)

Editor's note— Ord. No. 2008-25, § 1, adopted Nov. 17, 2008, amended § 90-96 title to read as herein set out. Former § 90-96 title pertained to walls and fences. Section 5 of an ordinance adopted Oct. 21, 1996, states that "all fences existing upon the effective date of the amendment, and which do not comply with the additional restrictions imposed herein, with the exception of Section 90-96(8) [(g)], shall be altered or removed to comply with same within one (1) year of the amendment's effective date."

The height limits of this chapter shall not apply to a church spire, belfry, cupola and dome or ornamental tower not intended for human occupancy, monument, water tower, observation tower, transmission tower, chimney, smokestack, conveyor, flagpole, radio or television tower, mast or aerial, parapet wall not extended more than four feet above the roofline of the building, or necessary mechanical appurtenances.

(Code 1976, § 8-3014(b))

On corner lots, no fence, wall, shrubbery, sign, marquee or other obstruction to vision, except utility poles, shall be permitted within 20 feet of the intersection of the right-of-way lines of two streets or railroads, or of a street intersection with a railroad right-of-way line.

(Code 1976, § 8-3014(c))

In any R district where the average setback distance for existing buildings on all lots located wholly or partly within 200 feet of any lot and within the same zoning district and fronting on the same side of the same street as such lot is less than the minimum setback required in such zoning district, then the setback on such lot may be less than the original setback, but not less than the existing average setback distance for all lots within 200 feet. When lots within the 200 feet are vacant, the vacant lots shall be considered as having the minimum required setback for the purpose of computing an average setback distance.

(Code 1976, § 8-3014(d))

Any lot of record existing at the time of adoption of the ordinance from which this chapter is derived which has an area or width that is less than that required by this chapter shall be subject to the following exceptions and modifications:

(1)

Adjoining lots. When two or more adjoining lots with continuous frontage are in one ownership at any time after the adoption of this chapter, and such lots individually are less than 6,000 square feet in area or are less than 60 feet in width, then such adjoining lots in one ownership shall be combined into one or more lots of record each having an area and width as required by this chapter for the zoning district in which such lots are located.

(2)

Single lot not meeting minimum lot size requirements. Except as set forth in subsection (1) of this section, in any district in which single-family dwellings are permitted, any lot of record existing at the time of the adoption of the ordinance from which this chapter is derived which has an area or a width which is less than that required by this chapter may be used as a building site for a one-family dwelling, provided that, if such lot is not served by public water and public sewer, then the application for a permit to construct a dwelling on the lot shall be approved by the county health department.

(3)

Substandard lots created by government acquisition. Except as set forth in subsection (1) of this section, in any district in which single-family dwellings are permitted, any lot or tract of land which is created through a taking by a governmental body, either by condemnation or acquisition, which has an area or a width which is less than that required by this chapter, may be used as a building site for a one-family dwelling, provided that, if such lot is not served by public water and public sewer, then the application for a permit to construct a dwelling on the lot shall be approved by the county health department.

(Code 1976, § 8-3014(e))

When a lot permitted by this chapter has a lot width of 40 feet or less, then the building official shall be authorized to reduce the side yard requirements for such a lot of record, provided, however, that there shall be not less than eight feet between buildings.

(Code 1976, § 8-3014(f))

Group development projects consisting of two or more principal buildings devoted to common or similar use(s) may be constructed on a single lot when such uses or buildings are permitted in the underlying zoning district; provided that such buildings and uses shall be approved by the board of appeals. In all cases, group development projects shall comply with the following standards:

(1)

Design standards generally. Review and approval of group development projects shall be in accordance with the requirements and development standards for Code section 90-48 entitled "Development Plans for Group Development Projects, Sites Contiguous to Property with More Restrictive Zoning Classifications or Properties Abutting/Fronting onto Arterial or Collective Streets" (requiring site plan approval by the planning commission).

(2)

Street access. Any building established as part of a group development project which cannot properly be served by emergency or service vehicles (garbage trucks, postal service, delivery trucks, handicapped vehicles, etc.) from an abutting street shall be made accessible to such vehicles by a paved driveway having a roadbed width of not less than 20 feet, exclusive of parking spaces, and having sufficient paved maneuvering area at the end of such roadbed to allow for the safe turn around of such vehicles.

(3)

Location . No dwelling structure established as part of a residential group development project shall be situated on a lot so as to face the rear of another dwelling structure within the development or an adjoining property.

(4)

Lot size. Group developments shall comply with the lot area design standards for the zoning district within which they are located; however, drives, parking spaces, and other non-enclosed car areas such as street rights-of-way and vehicle storage areas shall not be included in the land area when determining land area calculations to determine a site's allowed density.

(5)

Orientation on lot. The orientation and location of the structures in a group development shall be such that their placement would allow for the future subdivision of the lot under the provision of the subdivision requirements at a later date, if at all possible. All building setbacks, height restrictions, lot coverage standards, open space, landscaping, buffers, parking and loading space requirements, and other development standards of the subject zoning district within which the parcel is located shall be complied with unless a variance is otherwise granted in accordance with the provisions of this Code.

(6)

Unity of development guidelines. Unity of development guidelines shall be submitted for any retail area with more than one principal building, unit-ownership (condominium) development, a shopping center and shopping area, office center, and any non-retail use included in such development. The guidelines shall describe the physical characteristics of the development in terms of the following primary unifying elements: building materials, color(s), and architectural features. At least two of these elements must be present in each building of the development, including associated out parcels.

a.

Building. If selected, the dominant material or combination of materials shall be specified within the guidelines. The means by which a material or combination of materials is dominant must clearly be stated. If a building material is selected as a unifying element, the color of that material shall also be specified, but the combination of the building material and its color shall only be credited as one unifying element.

b.

Color(s). If selected, the dominant color or pattern of colors shall be specified within the guidelines. The means by which a color or pattern of colors is dominant and how that color(s) is to be used on the building facade must clearly be stated. A maximum of three colors may be designated as a primary unifying element, however, the number of colors within the development is not limited. Specifications for colors must be listed. Colored renderings are encouraged, but are not a substitute for specifications.

c.

Architectural. If selected, the dominant architectural feature or combination of features shall be specified within the guidelines. The means by which an architectural feature or combination of features is dominant must clearly be stated. Architectural features include, but are not limited to: roof treatment, including style, material, and color of roof; facade treatments, including fenestration pattern and ornamentation; and building form, including overhangs, canopies, protective exterior walkways, and entrance treatments.

Unity of development may include optional secondary unifying elements. Although secondary unifying elements are optional at the time of submittal, they will be a development requirement upon approval of the guidelines. Secondary unifying elements include landscaping, setbacks, heights, lighting, additional colors, or other elements which may be relevant to a specific development.

Unity of development guidelines, and subsequent revisions and amendments, must be signed by the property owner. The revisions must be applied throughout the entire center or development. Within shopping centers or retail areas, where properties may be separately owned, the owner that controls the primary uses and structures of the unified development shall sign all guidelines and amendments thereto.

(7)

Separation of buildings. All buildings established as part of a group development project shall be not less than 20 feet apart.

(8)

Prohibited uses. In no case shall a use be permitted as part of a group development project that is prohibited by this chapter in the district in which the project is to be located.

(Code 1976, § 8-3014(g); Ord. No. 2004-6, § 2, 4-5-04; Ord. No. 2008-3, § 2, 1-22-08)

A live-in guard shall be permitted within zones C-1, C-2, C-2A, I-1 and I-2 with permission of the zoning board of appeals, provided such guard will only be permitted when it is necessary for the safety or the security of the business, and further provided that the quarters for the live-in guard shall be limited to housing the guard and his immediate family (wife and children). The approval by the zoning board of appeals shall be conditioned upon the plans, specifications, design and location of the quarters for the live-in guard being approved and made a part of its decision.

(Ord. of 9-16-85(2), § 1)