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Madisonville City Zoning Code

ARTICLE XXII

SCREENING FENCE STANDARDS

Sec. 46-671. Purpose.

Requirements for screening fences is to encourage the most appropriate use of land and conserve and protect the privacy and value of adjacent permitted uses. Regulations are prescribed for the location and type of various screening devices to be used when required in the various zoning districts or in this section in accordance with the standards in the following section of this article.
(Code 2014, § 46-671; Ord. No. 629, § 01.22.001, 12-1-2006)

Sec. 46-672. Location and maintenance requirements.

   (a)   Location of required screening.
      (1)   When it is determined that a zoning district sides or backs upon a noncompatible zoning district, a solid screening wall or fence shall be erected along the property line, and within the property with the higher intensity zoning district. The screening requirements shall be observed at the time of rezoning and/or construction, or upon a change in use of the property where the screening shall be imposed. The purpose for the screening is to provide a visual barrier between the properties. The owner of such property shall be responsible for and shall build the required wall or fence. All wall or fence openings shall be equipped with gates equal in height and screening characteristics to the wall or fence. Screening standards shall be in accordance with the following:
         a.   Screening required in the General Industrial District (GI) and High Industrial District (HI) when siding or backing onto General Business District (GB), Retail District (R), Office District (O) and all residential districts;
         b.   Screening required in the Commercial Services District (CS) when siding or backing onto Office District (O) and all residential districts;
         c.   Screening required in the General Business District (GB), Retail District (R) and Office District (O) when siding or backing onto all residential districts;
         d.   Screening required in the Multiple-Family Residential District (MF) when siding or backing onto all other residential districts of less intensity (ES, SF-1, SF-2, MH);
         e.   Screening required in all nonresidential districts when adjacent to a detached dwelling residence located within an Rural Agricultural District (RA) and no farther than 100 feet from the nonresidential district boundary; and
         f.   Screening required in all nonresidential developed tracts of land within or adjacent to an existing detached dwelling unit residential development.
      (2)   In any district where loading areas are visible from a public street, screening shall be provided adjacent to the loading area along the street, allowing for required landscaping. These standards shall be imposed except where such use was in existence at the date of the original adoption of the ordinance from which this chapter is derived.
      (3)   Dumpsters, not including containers 300 gallons or smaller, shall be placed on concrete dumpster pads six inches in thickness, 15 feet in width and 12 feet in depth. The pad shall be screened with a six-foot fence on three sides with the fourth side remaining open for access or being fitted with a gate matching the screening on the other three sides.
      (4)   Where screening is required, the following standards shall be observed:
         a.   Materials approved for use in screening fences are solid wood (not including plywood, particleboard, or similar composite), masonry (brick or stone), or a combination solid wood and masonry. Corrugated metal or fiberglass panels shall not be used as fence materials. Screening shall be provided that completely blocks the view of materials, commodities or equipment stored. All screening materials shall be finished on the sides facing public rights-of-way. Other types of screening devices may be approved by the planning and zoning commission;
         b.   Landscaping may be used for screening if the plant materials used are a minimum of four feet tall at the time they are planted. Any plant materials used for screening purposes shall be of an evergreen nature and shall be of sufficient height and type to completely block the view of materials, commodities or equipment stored from adjacent public rights-of-way or property. Any time that plant materials are used for screening purposes, the developer shall post a cash bond to be held in escrow by the city to cover replacement of plant materials. The amount of such bond shall be determined by the city manager or his designee. The bond shall be effective for two growing seasons from the time of the initial planting; any excess funds remaining from such bond shall be returned at the end of such period to the developer;
         c.   When screening is required to separate a detached dwelling residential district (ES, SF-1, SF-2, MH) from either the Multiple-Family Residential District (MF) or a nonresidential district, or when screening is required to separate nonresidential development from detached dwelling residential development, any fence or wall shall be not less than six feet or exceed eight feet in height above the grade of the adjacent property; and
         d.   Along the property line between nonresidential districts, or on property adjacent to loading areas, open storage and refuse areas, where screening is required, a minimum six-foot-high uniform screening shall be provided.
      (5)   In any residential district, the maximum height of any fence or wall in a required front setback of a detached dwelling unit, townhouse, duplex, or patio home lot shall be as provided:
         a.   Fencing, screening walls or the combination of berms and fences or screening walls shall not exceed 36 inches in height when placed a distance of 25 feet or less from the adjacent paved street surface; and
         b.   Fencing, screening walls or the combination of berms and fences or screening walls shall not exceed six feet in height when placed a distance of more than 25 feet or less from the adjacent paved street surface.
      (6)   Where a fence is erected to the rear of the minimum required front setback line, the fence shall not exceed eight feet in height above the grade of the adjacent property.
      (7)   A wall or fence, not less than 54 inches in height, with a self-latching gate at all entrances, shall enclose a swimming pool area or surrounding yard area.
   (b)   Maintenance of screening fences. Any screening fence erected under the provisions of this section shall be maintained by replacing or repairing any dead, loose, damaged, or missing fencing materials within 30 days after notification by the city manager.
(Code 2014, § 46-672; Ord. No. 629, § 01.22.002, 12-1-2006)