When specifically required by this Zoning Code or by virtue of any authority granted hereunder, screening will be designed, planted, constructed, and maintained in accordance with the following conditions:

1.   Screening Along Front Property Lines. Screening along the front property line will be permitted as follows:

   A.   Evergreen Plantings.

      (1)   Initial height: Not less than one foot.

      (2)   Permanent height: Not more than three feet.

   B.   Masonry Walls.

      (1)   Height: Not more than three feet.

      (2)   Density: Open

   C.   Other Requirements.

      (1)   As approved by the Planning and Zoning Commission and the Council.

2.   Screening Along Side or Rear Property Lines. Screening along the side or rear property lines will be permitted as follows:

   A.   Evergreen Plantings.

      (1)   Initial height: Not less than three feet.

      (2)   Permanent height: At least five and one-half feet.

      (3)   Density: Plant material will be planted so that, within five years, vision and lights will be obscured by the plantings.

   B.   Masonry Walls.

      (1)   Height: Not more than six feet.

      (2)   Density: Solid.

   C.   Other Requirements.

      (1)   As approved by the Planning and Zoning Commission and the Council.

3.   Permissible Screening Materials. All materials used to provide screening as required by this Zoning Code will conform to the following requirements:

   A.   Plant materials will be permanent-type evergreens capable of existing in the local climate.

   B.   Masonry materials will be new materials in good condition, properly installed, and with initial maintenance materials applied.

4.   Time of Installation. The installation of screening as required by this Zoning Code will conform to the following requirements:

   A.   New Developments. All screening will be installed, constructed, or provided before the property is occupied or used for its intended purpose(s).

   B.   Existing Uses. All uses actually established and in operation on the effective date of this Zoning Code will be made to comply with the screening requirements within a period of three years from the effective date of this Zoning Code.

5.   Screening Maintenance. All screening materials will be properly and adequately maintained and kept free of trash and litter.

6.   Fence Regulations. Fences shall be constructed in accordance with the following requirements:

   A.   Residential and Commercial Districts.

      (1)   Height. Fences developed within the front yard may be constructed to a height not to exceed 42 inches. Fences developed within the side or rear yards may be constructed to a height not to exceed six feet. The height limits shall be reduced by the height of any artificial berm on which a fence is obstructed.

      (2)   Orientation. In all cases, the smooth, finished, nonstructural or dressed side of the fence, if any, shall be directed toward the adjacent property. Materials will be new materials in good condition and properly installed.

      (3)   Density. Only open fences, (fences having openings between the material of which the fence is constructed representing more than 70 percent of the total surface are of the fence), or material of which the fence is constructed representing not less than 20 percent, of the total surface area of the fence, with a total length not exceeding 50 percent, of the lineal footage of the front yard, may be constructed in the front yard. Fences constructed on the side and rear yards may be of any density, unless otherwise restricted.

      (4)   Setbacks. Subject to the provision of Section 170.44 below and others as enumerated herein, fences may be constructed along the boundaries of a lot without any setback restrictions. No fence, (or any other structure, including hedges, bushes, or trees), shall be constructed, either temporarily or permanently, within any designated easement, right-of-way, or designated floodway. The City, or other lawful user of any such easement or right-of-way, shall not be held liable for the removal of or damage to any such fence or other structure which shall have been constructed in violation of this provision. Any property owner or tenant who shall act in violation of this provision shall assume full and complete responsibility for any such removal or damage after written notification to remove such fence or other structure.

   B.   Agricultural and Rural Districts. Fences in the A-1 and RR districts which enclose agricultural, livestock, or row crop operations, and do not exceed 42 inches in height, may be constructed along all boundaries of a lot without regards for the setback requirements and visibility triangle restrictions provided the fence is constructed as an open fence.

   C.   Industrial Districts. Fences constructed in industrial districts shall also conform with the requirements as enumerated herein, with the exception that they will be subject to the front yard setback requirements for that district.

   D.   Barbed Wire and Electric Fences Prohibited. See Section 41.10.

   E.   Fencing of Swimming Pools Required. See Section 157.06.