It shall be unlawful for any contractor, individual or property owner to commence the installation of a fence or wall until the City Manager or the City Manager's designee has issued a fence permit for such work. Any fence permit issued in conflict with the provisions of this chapter shall be null and void. It shall be the responsibility of the contractor, individual or property owner to correct any violations that may exist as determined by the Building Official (or his/her designee) within a reasonable time period specified by the Building Official. Fence permits shall not be required for maintenance of an existing fence unless more than 50% of the fence is being constructed within a one year period. (Ord # 1301, 02/01/2024)

The following regulations establish standards for non-residential districts and in those areas where fences and landscaped screens are required along lot lines and zoning district standards. The standards established herein are minimum standards. The Planning Commission, Design Review Commission, BZA, or Historic Commission may impose additional screening, fencing or other measures where deemed necessary to adequately buffer between incompatible land uses. (Ord # 1301, 02/01/2024)

The following requirements shall apply to any non-residential development which abuts adjacent residential zoned property.

   A.   Development Requirements. Development standards shall be as follows:

   1.   Non-residential lots abutting residential lots shall be screened on all rear lot lines and alongside lot lines to the intersection of the front building line. Non-residential lots adjacent to residential lots may be required to screen on all rear lot lines and alongside lot lines to the intersection of the front building line at the discretion of the Planning Commission. All required screening shall be placed and continually maintained at the sole expense of the owner or occupant of the lot. The Planning Commission shall have the authority to continue to enforce this development requirement.

   2.   The Paris Planning Commission may also recommend screening of only a portion of the parking lots, service areas, loading docks, trash receptacles, outdoor storage, outdoor work areas, or similar uses not contained within the building from any residential zoning district located within 150 feet of such uses.

   B.   Minimum Standards.

Wooden, brick or masonry fencing walls may be used as a screen provided such screen is sight-obscuring. Wire, plastic sheets, panels or corrugated sheet-metal or panels shall not be used as screening. All screening shall meet the following requirements:

   1.   Walls shall be designed to facilitate maintenance and shall not modify natural drainage so as to endanger adjacent property.

   2.   Such screening shall be a minimum of six (6) feet. Screening shall be provided at a height and density to achieve an opacity of 80%.

   3.   The screen may be composed of view-obscuring vegetation, wood, brick, masonry or vinyl wall, fence, berm or any other screen approved by the Planning Commission. The items may be used individually or in combination. Fences constructed of plastic sheets, panels or corrugated sheet-metal or panels chain link, barbed wire, stock wire, chicken wire or other similar type fences are not permitted to be used for screening.

   4.   When using vegetation, plant materials shall be at least three (3) feet tall at the time of installation and reach the desired height of six (6) feet within three (3) to five (5) years.

   5.   No fence shall be located closer to the street than the right-of-way.

   6.   At any street or driveway intersection the provisions of 11-1502.B. will still apply.

   E.   Existing Developments.

In the case of an existing development, should the use of the commercial property change from that originally approved, the Planning Commission shall have the right to review changes and determine the need for any additional screening as required by this section.

   F.   Waiver of Requirements. Any waiver of any of the requirements of this section shall be referred to the Paris Board of Zoning Appeals. (Ord. # 1278, 12/2/21), Ord # 1301, 02/01/2024).

The following standards shall apply to development in any non-residential district, with the exception of the B-2 zone;

   A.   A greenbelt planting strip, a minimum of five (5) feet in depth shall be located within the development area and abutting any public street right-of-way (existing and proposed). This greenbelt strip may include any grass or ground cover behind the curb or sidewalk that may be state or city right-of-way in order to meet the five (5) foot depth requirements. Such landscape strip shall be placed and maintained by the owner or occupant of the development, and may be included in yards required under other sections of this ordinance, and shall be composed of at least one of the following.

   1.   Two or more rows of evergreen shrubs, spaced an average of three (3) feet apart. Such shrubs shall be expected to grow to a maximum height of three (3) feet in 3 or 4 growing seasons. The remainder of the landscape strip shall be planted in grass, ground cover, or other suitable decorative material, including sand, gravel, stone, or mulch.

   2.   Other living landscape material such as grass or other ground covers or non-living (artificial) landscape material such as rocks, pebbles, sand, gravel stone or mulch.

   B.   Whenever in this section a green belt or planting strip is required, it shall be planted prior to the date of issuance of a certificate of occupancy and shall thereafter be reasonably maintained by the owner or occupant with permanent plant materials (Ord. # 825, 04/01/93), Ord # 1301, 02/01/2024).

In addition to the requirements for such developments required by the other provisions of this ordinance the following standards are applicable to the following developments or zoning districts:

   A.   Multi-Family Development.

   1.   A wall or fence meeting the requirements of 11-1201.

   2.   A greenbelt planting strip as provided for in 11-1202.

   3.   A six (6) foot wide landscape planting strip abutting the inside periphery of the wall or fence required in 11-1203 B.1. above meeting the requirements of 11-1202.

   4.   A three (3) foot landscape planting strip abutting the outside periphery of the wall or fence required in 11-1203.B.1. above meeting the requirements of 11-1202.

   B.   Group Housing.

   1.   A wall or fence meeting the requirements of 11-1201.

   2.   A greenbelt planting strip as provided for in 11-1202.

   3.   A six (6) foot wide landscape planting strip abutting the inside periphery of the wall or fence required in 11-1203 C.1. above meeting the requirements of 11-1202.

   4.   A three (3) foot landscape planting strip abutting the outside periphery of the wall or fence required in 11-1203.C.1. above meeting the requirements of 11-1202.

   C.   SC-1 Shopping Center District.

   1.   The requirements of 11-1202 shall be applicable with the exception that such greenbelt planting strip shall be a minimum of ten (10) feet instead of five (5) feet.

   2.   All parking areas shall have a minimum two (2) foot wide landscape berm between major interior traffic aisles or streets and the interior parking areas to control ingress and egress to the parking areas within the development.

   3.   Plant material spacing for such landscape berms shall be as follows:

   a.   Plant materials shall not be placed closer than the distance required for visibility under the requirements of 11-1500.c.

   b.   Where plant materials are planted in two or more rows, planting shall be staggered in rows.

   c.   Narrow evergreens shall be planted not more than three (3) feet in centers.

   d.   Large evergreen shrubs shall be planted not more than four (4) feet on centers.

   D.   B-1 and P-B Planned Business District.

   1.   The requirements of 11-1202 shall be applicable with the exception that such greenbelt planting strip shall be a minimum of ten (10) feet instead of five (5) feet (Ord. # 820, 02/04/93).

   E.   All Industrial Districts.

   1.   The requirements of 11-1202 shall be applicable with the exception that such greenbelt planting strip shall be a minimum of fifteen (15) feet instead of five (5) feet.

   2.   All parking areas shall have a minimum two (2) foot wide landscape berm between major interior traffic aisles or streets and the interior parking areas to control ingress and egress to the parking areas within the development.

   3.   Plant material spacing for such landscape berms shall be as follows:

   a.   Plant materials shall not be placed closer than the distance required for visibility under the requirements of 11-1500.C.

   b.   Where plant material are planted in two or more rows, planting shall be staggered in rows.

   c.   Narrow evergreens shall be planted not more than three (3) feet in centers.

   d.   Large evergreens shrubs shall be planted not more than four (4) feet on centers.

   F.   Open Storage Requirements. In any zoning district where open (unenclosed) storage of material and equipment is permitted as a principal use on an individual lot, such open storage shall be screened by walls or fencing, as provided in 11-1201, along all lot lines. Such screening shall be a minimum of seven (7) feet in height.

   G.   Refuse Collection Point Requirements. All areas established as refuse collection points, or used for dumpster service and/or loading areas, shall be screened as provided in 11-1201 along all sides of the collection point. (Ord # 1301, 02/01/2024)

   1.   Subdivision Entrance features may exceed six feet in height to a maximum of 13 feet when specifically approved by the Design Review Commission.

   2.   Fences attached to subdivision entrance features may be a maximum of 8 feet in height where specifically approved by the Planning Commission or Design Review Commission.

   3.   Within the required front yard of all residential lots, fences shall not exceed a maximum height of 30 inches with the exception of properties in the historic district. In the Historic District, the height of all fences shall be as determined by the Historic Zoning Board in keeping with the historic character of the property and in substantial conformance with the surrounding area.

   4.   No fence shall impede or divert the flow of water through any drainage way, or natural overland course of flow.

   5.   No fence shall block access to any above ground, pad mounted electrical transformer or other equipment and features of electrical, water, gas and sewer infrastructure.

   6.   All fences shall be maintained in a structurally sound condition and in good repair. Fences and walls shall be free from loose or rotting materials and shall have braces and supports attached or fastened in accordance with common building practices.

   7.   All fences on double frontage lots and all fences required as part of a development project in accordance with Planning Commission and Design Review requirements shall be maintained in perpetuity in accordance with the conditions of approval. (Ord # 1301, 02/01/2024)

Fences and walls in Residential areas, must be constructed of brick, ornamental iron or aluminum, vinyl commercial fence material, chain link, and vinyl coated chain link or rot resistant wood, such as treated lumber, redwood, cypress, and cedar with the following exception of specific requirements imposed by the Planning Commission, Design Review Commission or BZA in accordance with approved development plans.

The Building Official, Planning Commission, BZA, Design Review Commission, or Historic District Commission may approve alternative materials, or require specific materials on a case-by-case basis.

In areas where there exists an established pattern of fence materials, including wood, brick, ornamental metals or stone, the type and character of the surrounding existing materials must be used.

The Building Official shall determine whether the proposed material is in compliance with the intent of the materials authorized.

For retaining walls, formed concrete walls, or concrete wall panels may be allowed provided they are specifically allowed and approved by the Building Official, or other City Board or Commission with jurisdiction over the project.

Any other materials not specifically authorized in this section are specifically not allowed unless in the discretion of the Building Official, the proposed alternative materials are in substantial conformance with the description of the materials allowed and are greater than or equal to the approved materials for structural integrity and durability.

Electrified Fences are not allowed in residential districts. Exceptions may be made by the Building Official under certain limited conditions where the property is legally operating as a legal non-conforming use. Exceptions shall not run with the land and may be revoked if the use of the property changes, or circumstances under which the exception was granted are changed. (Ord # 1301, 02/01/2024)

Fences shall be maintained and kept in good repair by the property owner and/or homeowner association. Examples of a lack of proper maintenance include, but are not limited to, rotten or deteriorated structural members, missing or broken components, excessive sagging of structural members or warping or distortion of planks, and fence or wall materials, leaning, excessive mold, dirt or growth and in the case of painted or other types of finishes, excessive flaking of the fence finish. Lack of proper maintenance and upkeep of a fence or wall shall constitute a violation of these regulations. (Ord # 1301, 02/01/2024)

Double fences may be allowed in the side and rear yards with the exception of double frontage or reverse frontage lots where the property lines face a public right-of-way. A fence permit shall be required prior to the installation of a double fence. A double fence may be installed on the opposite side of a common property line where a fence has been installed that does not provide adequate screening measures, including, but not limited to, height of opposing fence installed between the prescribed maximum height or the use of transparent materials such as chain-link fencing. Double fences shall be installed against the property line seas to prevent non-maintainable land between the fences. The Building Official shall deny permits for double fences where their installation would create a non-maintainable area, or in the opinion of the Building Official would be in contradiction with the spirit and intent of the regulations of the fence ordinance. (Ord # 1301, 02/01/2024)

Fences, walls and hedges installed in or along public easements (utility, drainage, pedestrian and the like) are subject to removal at the owner's expense in the event of maintenance or construction work is required within or along the public easement. (Ord # 1301, 02/01/2024)

In addition to the provisions contained in this ordinance, barriers enclosing swimming pools and spas shall meet the requirements of the City of Paris Swimming Pool Ordinance (Ord # 1301, 02/01/2024)

Any aggrieved person or any governmental officer, department or board may take an appeal to the Board of Zoning Appeals by filing an application in conformance with the policies and procedures as established in Chapter 16 of the Paris Municipal Code. The Board of Zoning Appeals shall make a ruling on the appeal based upon the authority of the board as specified in 11-1604. (Ord # 1301, 02/01/2024)

This article is not intended to interfere with, abrogate, or annual any other ordinance, rule or regulation, statute or other provision of law. Where any provision of this article imposes restrictions different from those imposed by any other provision of this article, or by any other ordinance, rule or regulation or the provision of law, whichever provisions are more restrictive or impose higher standards shall control. (Ord # 1301, 02/01/2024)

It shall be the duty of the City Manager or the City Manager's designee to administer and enforce the provisions of this article. The City Manager or the City Manager's designee shall have the power to make inspections necessary to carry out his/her duties. (Ord # 1301, 02/01/2024)

   1.   It shall be unlawful to commence the erection of a fence until the City of Paris has issued a permit for such work. Applications for Fence Permits will be available at City Hall.

   2.   Applications for a fence permit shall contain a dimensional sketch or scale plan indicating the shape, size, height and location on the lot of any fence to be erected, altered or moved and of any other buildings on the lot and all drainage from or onto the lot. The Code Enforcement Officer may require additional materials and information necessary to ensure compliance with all rules and regulations regarding fences and walls. If the proposed fence complies with the provisions of this article and other ordinances of the city, the Code Enforcement Officer shall issue a building permit for such activity. If the application is refused, the code enforcement officer shall state the reasons for refusal in writing. (Ord # 1301, 02/01/2024)

It shall be unlawful for any person to violate or fail to comply with any provisions of the Building Codes for the City of Paris, Tennessee as herein adopted by reference and modified. Any Violation of any section of this chapter upon conviction, shall be punished by a fine of not less nor more than fifty ($50.00) dollars. Each day such violation continues shall constitute a separate offense. This penalty shall be in addition to any other penalty provided by any section of this chapter. (Ord. #1255, 6/23/20), Ord. #417, 04/30/1970, Ord. #1300, 11/02/2023, Ord # 1301, 02/01/2024)

Any fence or wall erected lawfully prior to (effective date of this ordinance), may be maintained in its present condition. However, no fence may be substantially altered except in conformity with the provisions of this article. This article shall not be construed as abating any action now pending under, or by virtue of, prior existing regulations or as discontinuing, abating, modifying or altering any penalty accruing or about to accrue, or as affecting the liability of any person, or as waiving any right of the city under any section or provision, or as vacating or annulling any rights obtained by any person by lawful action of the city except as shall be expressly provided for in this article. (Ord. #1301, 02/01/2024).