All owners of manufactured or mobile homes shall apply to the Union Point City Clerk for a mobile or manufactured home permit prior to any utility hookups. Said permit fee shall be $0.07 per square foot.

9.1.1 Travel trailer parks. In any district where travel trailer parks are permitted, the applicant shall submit to the building inspector a layout of the park subject to the following conditions:

9.1.1.1 No travel trailer park shall be located except with direct access to a city, county, state or federal highway, with a minimum lot width of not less than 50 feet for the portion used for entrance and exit. No entrance or exit shall be through a residential district or shall require movement of traffic from the park through a residential district.

9.1.1.2 The minimum lot area per park shall be three acres.

9.1.1.3 Spaces in travel trailer parks may be used by travel trailers, provided they meet any additional laws and ordinances of the mayor and city council and shall be rented by the day or week only, and an occupant of such space shall remain in the same trailer park for a period of not more than 30 days.

9.1.1.4 Management headquarters, recreational facilities, toilets, showers, laundry facilities and other uses and structures customarily incidental to operation of a travel trailer park are permitted as accessory uses in any district in which trailer parks are allowed, provided:

A.

Such establishments and the parking areas primarily related to their operations shall not occupy more than ten percent of the area of the park.

B.

Such establishments shall be restricted in their use to occupants of the parks.

C.

Such establishments shall present no visible evidence of their commercial character which would attract customers other than occupants of the park.

9.1.1.5 No space shall be so located that any part intended for occupancy for sleeping purpose shall be within 50 feet of the right-of-way line of any freeway, expressway, arterial street, collector street, or of any minor street.

9.1.1.6 In addition to meeting the above requirements, the travel trailer park site plan shall be accompanied by a certificate of approval from the Greene County Health Department.

9.1.1.7 The travel trailer park shall be adequately lighted with outdoor lighting facilities located no more than every 200 feet along interior access roads.

9.1.2 Manufactured home parks. In any district where manufactured home parks are permitted, a manufactured home park permit shall be obtained from the City of Union Point. In order to obtain a manufactured home park permit, a layout of the park, drawn to a scale of not more than 400 feet per inch, containing the following information shall be submitted to the building inspector for approval.

9.1.2.1 The minimum lot area for a park shall be ten acres. The minimum road frontage for an entrance and exit shall be 50 feet; and the minimum lot width for the portion of the park containing manufactured home spaces, or stands, shall be 40 feet.

9.1.2.2 All roads or streets within the park shall have a minimum right-of-way width of 36 feet, and a pavement width of 20 feet.

9.1.2.3 All roads or streets within the park shall have a base consisting of six-inch crusher run stone or four-inch compacted asphaltic concrete, and shall have paving consisting of double surface treatment of tar and gravel or 1½ Type E plant mix.

9.1.2.4 No space shall be rented for a period of less than 30 days.

9.1.2.5 At least ten percent of the park area must be set aside as open area for recreation purposes.

9.1.2.6 All streets within the park shall be lighted. Lights shall be spaced at a minimum of 200 feet each.

9.1.2.7 All spaces shall be rental only. No space may be sold and all manufactured homes shall be occupied by the owner of said manufactured home.

9.1.2.8 At least 30 spaces must be approved before the manufactured home park can be approved for occupancy.

9.1.2.9 The maximum number of spaces allowed per acre shall be 2.5, unless a community or city water and sewerage system approved by the Greene County Health Department and/or City of Union Point is provided. If such a system is provided, the maximum number of spaces per acre shall be six. Manufactured homes may be placed in a clustered manner with excess area used for recreation or open area.

9.1.2.10 All spaces for manufactured homes shall meet the following conditions:

a.

Minimum area of 7,000 square feet and a minimum of 70 feet in any one direction.

b.

Access to streets within the park.

c.

On-site parking of 400 square feet minimum. This parking area shall be finished in gravel or pavement.

d.

Water and sewerage disposal hookups approved by the Greene County Sanitarian and/or City of Union Point.

e.

Electrical hookup facilities approved by the City of Union Point Inspection Department and appropriate fees paid.

9.1.2.11 A copy of the park management rules and regulations must be submitted to the city building inspection department for approval. The park operator will be responsible for compliance with these regulations by all tenants. Failure to abide by these regulations or any of the City of Union Point manufactured home subdivision requirements will be considered a valid reason for revoking the manufactured home park permit required to operate a manufactured home park in the City of Union Point.

9.1.2.12 Manufactured homes placed within the park shall meet the following conditions before they can be approved for occupancy:

a.

Manufactured homes must meet the setback requirements of article VIII.

b.

Manufactured homes must be connected to approved water and sewerage disposal systems and have electrical connections that comply with the City of Union Point Electrical Code.

c.

Manufactured homes must be blocked and set up in accordance with article IX.

d.

Manufactured homes must be enclosed by a curtain wall of manufactured home skirting material, metal or other material painted to match the exterior of the manufactured home, or masonry construction.

e.

Manufactured homes shall be at least 30 feet from any other structure, including other manufactured homes.

f.

Manufactured homes must bear the approval seal of either H.U.D. or Georgia D.C.A.

9.1.2.13 Convenience establishments of a commercial nature, including stores, laundry and dry cleaning establishments, pick-up laundry and dry cleaning agencies, beauty shops, and barber shops may be permitted in manufactured home parks, provided that such establishments and the parking areas primarily related to their operations meet the following conditions:

a.

Shall not occupy more than ten percent of the area of the park.

b.

Shall be subordinate to the residential use and character of the park.

c.

Shall be located, designed and intended to serve frequent trade or service needs of persons residing in the park.

d.

Shall present no visible evidence of their commercial character from any portion of any residential district outside the park.

9.1.3 Single manufactured homes and industrial buildings qualifying as dwelling, single-family.

9.1.3.1 Manufactured homes or industrial buildings qualifying as dwelling, single-family shall be compared to site built and other housing in the immediate general area within the same zoning or residential district or area. Approval shall be granted upon the finding that the manufactured home or industrialized building is substantially similar or superior in size, siding material, roof material, foundation and general aesthetic appearance to: (i) site built or other forms of housing which may be permitted in the same general area under this ordinance or (ii) existing development or (iii) proposed development in the same zoning district or area.

All towing devices, wheels, axles and hitches must be removed.

At each exterior door there must be a permanent landing that is a minimum of 36 inches by 48 inches.

9.1.3.2 Manufactured homes or industrialized buildings qualifying as dwelling, single-family shall be regulated uniformly with other housing constructed on-site; however, the building inspector may approve deviations from the definitional or compatibility standards or architectural standards set forth in paragraph numbers 3, 4, and 5 of the definition of "dwelling, single-family" found in section 3.2 of this ordinance.

9.1.4 Single mobile homes or single manufactured homes not meeting the definition of dwelling, single-family. Single mobile or manufactured homes not meeting the definition of dwelling, single-family shall be subject to the following conditions:

9.1.4.1 In no case shall the unit be located within 30 feet of any permanent type building.

9.1.4.2 The mobile or manufactured home unit shall preferably be oriented parallel to the contour of the land and in no case shall the foundation be more than six blocks high, except where a solid foundation is provided.

9.1.4.3 The mobile or manufactured home unit must be supported by piers as prescribed by the manufacturer, NFPA, 105A, with solid concrete footing. These piers shall be spaced at intervals of 12 feet or less.

9.1.4.4 The foundation described in [subsection] 9.1.4.3 must be enclosed by a curtain wall of manufactured mobile or manufactured home skirting material, metal or other material painted to match the exterior of the mobile or manufactured home, or masonry construction.

9.1.4.4[a] The mobile or manufactured home must be connected to water and sewerage and the electric service must be wired in accordance with the National Electric Code.

9.1.4.5 Only one mobile or manufactured home will be permitted on a lot.

9.1.4.6 Prior to the establishment of any mobile or manufactured home under the provisions of this section, a building and occupancy permit shall be obtained under the provision of article IX of this ordinance.

9.1.5 Temporary usage. A single mobile or manufactured home unit, or travel trailer may be used for an office by the developer, except in a residential subdivision, for temporary residence during construction of a permanent residence or for other special purposes for a period not to exceed six months upon written approval from the building inspector.

9.1.6 Nonconformance. Any travel trailer or mobile or manufactured home which does not meet the requirements in the above paragraphs shall be removed after receipt of notice of its nonconformance from the building inspector.

9.1.7 Manufactured home subdivisions. Manufactured home subdivisions hereafter developed or expanded shall comply with the following requirements:

9.1.7.1 Any manufactured home subdivision shall comply with the requirements of the City of Union Point Subdivision Regulations and shall have the approval of the mayor and council.

9.1.7.2 No manufactured home subdivision shall be developed on a site of less than ten acres.

9.1.7.3 No more than one residence shall be permitted on each lot.

9.1.7.4 All manufactured homes located within the subdivision shall be blocked and tied down according to manufacturer's specifications and shall have a curtain wall of brick or masonry construction.

9.1.7.5 All manufactured homes located within the subdivision shall comply with the requirements numbered 1 [9.1.3.1] and 2 [9.1.3.2] as specified in section 9.1.3 of this ordinance.

9.1.7.6 All residences, other than on-site built houses, located within the subdivision shall bear the H.U.D. seal or the Georgia D.C.A. seal, and the overall appearance shall be such as will not detract from the overall appearance of the subdivision.

9.1.7.7 Tie downs: All manufactured homes placed in Union Point, Georgia at or after the adoption of this ordinance shall have tie downs with provisions for distributing the load of these tie downs and provisions for the attachment to ground anchors so as to resist wind overturning and sliding as imposed by the respective design loads of this section.

(a)

Each tie down shall be designed to resist an allowable working load equal to or exceeding 3,150 pounds and shall be capable of withstanding a 50 percent overload without failure.

(b)

Unless the tie down system is designed by a registered professional engineer or architect, tie downs shall be placed as follows: not more than 24 feet on center beginning from the front wall (first stud and/or first cross member). Not more than six feet open-end spacing shall be provided at the rear wall of the mobile or manufactured home unless additional tie downs are installed.

(c)

Provisions for diagonal ties between ground anchors and the manufactured home shall be made in conjunction with each vertical tie down.

(d)

Tie downs exposed to weathering shall be resistant to weathering deterioration at least equivalent to that provided by a coating of zinc on steel of not less than 0.30 ounces per square foot of surface coated. Type 1, Class B, Grade 1, steel strapping 1¼ inches wide and 0.035 inches thick, conforming with federal specification QQ-S-781-F, is judged to conform with this section.

9.1.7.8 Ground anchors shall be installed at each manufactured home stand or pad when a mobile or manufactured home is located thereon, pursuant to the following requirements:

(a)

Each ground anchor shall be capable of resisting an allowable working load equal to or exceeding 3,150 pounds applied in the direction of the tie down. In addition, each ground anchor shall be capable of withstanding a 50 percent overload without failure.

(b)

Ground anchors shall be resistant to weathering deterioration at least equivalent to that provided by a coating of zinc on steel strapping of not less than 0.30 ounces per square foot of surface coated.

9.2.1 Townhouses and condominiums.

9.2.1.1 No more than six or fewer than three continuous townhouses or condominiums shall be built in a row with approximately the same front line. Density shall not exceed eight units per acre.

9.2.1.2 No side or rear yard as such is required in connection with any townhouse or condominium, except that the front yard shall be no less than 20 feet in depth from the street right-of-way of a minor or local residential street, including cul-de-sacs, and where the parking is not directly in front of each dwelling unit. If the parking for the dwelling unit is in front of said dwelling unit, front setback from the centerline of the street shall conform to article VIII. Corner lots shall have the same side yard as established in article VIII, and the end buildings in any townhouse or condominium grouping shall conform to the side yard requirements of that district. Each townhouse shall have its own lot yard, private and reasonably secluded from view from the streets or from neighboring property. Such yard shall not be used for any accessory building.

9.2.1.3 No more than 50 percent of the lot area shall be occupied by buildings.

9.2.1.4 Insofar as practicable, off-street parking facilities shall be grouped in bays, either adjacent to streets or in the interior of blocks; and no off-street parking space shall be more than 50 feet by the most direct pedestrian route from a door of the dwelling unit it intends to serve.

9.2.1.5 All townhouse or condominium complexes shall be required to tie into the public sanitary sewer system. No other means of waste disposal shall be permitted or authorized.

9.2.1.6 All other requirements within the district in which the townhouses are located shall prevail.

9.2.1.7 All townhouse or condominium complexes shall be approved by the City of Union Point.

9.2.1.8 Any development must contain a minimum of three acres.

9.2.1.9 Useable open space must be provided at a ratio of one-third the minimum space requirements for each dwelling unit. Said space must be collectively provided within the development area.

9.2.1.10 A 20-foot-wide densely planted buffer strip which will attain a height of 20 feet is provided between the structure and abutting properties.

9.2.2 Apartments and multifamily dwellings.

9.2.2.1 Apartments and multifamily dwellings arranged in cluster type developments shall meet the density requirements of article VIII.

9.2.2.2 All parking shall be off-street parking and shall be grouped in bays, either adjacent to the street or in interior of blocks; and an off-street parking space shall not be more than 100 feet by the most direct pedestrian route from a door of the dwelling unit it intends to serve.

9.2.2.3 All streets, drives or alleys in the development shall have a pavement width of 20 feet, and have a bituminous or concrete or asphalt surface.

9.2.2.4 Minimum building setback shall be the minimum setback for the zone in which the apartments are located provided that in no case shall it be less than 25 feet.

9.2.2.5 All other requirements within the districts in which the apartments and multifamily dwellings are located shall prevail.

9.2.2.6 All apartments and multifamily dwellings shall be required to tie into the public sanitary sewer and water system. No other method of waste disposal shall be authorized or permitted.

9.2.2.7 All apartment and multifamily dwellings shall be approved by the City of Union Point.

9.2.2.8 Apartments shall meet the requirement of sections 9.2.1.7 through 9.2.1.10.

9.3.1 Accessory buildings. The location of accessory buildings and uses in residential districts must meet the following requirements:

9.3.1.1 Where an accessory building is attached to the main building, a substantial part of one wall of the accessory building shall be an integral part of the main building or such accessory building shall be attached to the main building in a substantial manner by a roof, and therefore meet requirements applicable to the main building.

9.3.1.2 A detached accessory building shall not be closer than 20 feet to the main building, nor closer than five feet to the lot line.

9.3.1.3 A detached accessory building shall not be more than two stories in height, and shall not be constructed on more than 30 percent of the rear yard.

9.3.1.4 No detached accessory building may be located on the front yard of a lot.

9.3.1.5 Mobile or manufactured homes shall not be used as accessory buildings in any district.

9.3.2 Temporary buildings. Temporary buildings used in conjunction with construction work only may be permitted in any district provided that no temporary building shall be used for a residential purpose and said building shall be removed immediately upon completion of construction.

Fallout shelters are permissible as principal or accessory uses and structures in any district, subject to the following conditions:

9.4.1 If any portion of the structure extends above the ground, that portion above the ground must comply with the yard and lot coverage regulations of the district in which it is located, and the site plan for such shelter must be approved by the building inspector.

9.4.2 If the structure is completely underground, it need not comply with yard requirements or percentage of lot coverage requirements.

9.4.3 A fallout shelter, underground to above ground, shall be confined to a side or rear yard and shall not be located in the front yard between the main building and street on which it fronts.

9.4.4 Fallout shelters may contain or be contained in other structures or may be constructed separately.

9.4.5 Fallout shelters may be used for any permissible use in the district where situated.

9.5.1 Special requirements. Home occupations, where permitted, must meet the following special requirements:

9.5.1.1 The applicant must be the owner of the property on which the home occupation is to be located, or must have written approval of the owner of the property if the applicant is a tenant.

9.5.1.2 The home occupation shall be operated only by the members of the family residing on the premises and no article or service shall be sold or offered for sale except as may be produced by members of the immediate family residing on the premises.

9.5.1.3 The home occupation shall be restricted to the main building only and shall not occupy more than 25 percent of the floor area within said building.

9.5.1.4 The home occupation shall not generate excessive traffic or produce obnoxious odors, glare, noise, vibration, electrical disturbance, or radioactivity, or other conditions detrimental to the character of the surrounding area.

9.5.1.5 The building in which the home occupation is to be located must be an existing structure ready for occupancy and not a proposed structure.

9.5.1.6 Any business sign placed on the premises shall not be larger than two square feet in sign area.

9.5.1.7 Only professional or personal services shall be rendered.

9.5.1.8 No stock in trade or commodities shall be sold on the premises.

9.5.1.9 The dwelling shall not be extended to permit home occupation.

9.5.2.0 [9.5.2.10] The entrance to the home occupation portion of the dwelling shall not be through a new outside entrance.

9.5.2 Expiration. A permit for home occupation shall expire under the following conditions:

9.5.2.1 Whenever the applicant ceases to occupy the premises for which the home occupation was issued, no subsequent occupant of such premises shall engage in any home occupation until he/she shall has [have] been issued a new permit after proper application.

9.5.2.2 Whenever the holder of such a permit fails to exercise the same for any period of six consecutive months.

Cross reference— Businesses, ch. 22.

Within the districts permitting automobile service stations, the following requirements shall apply:

9.6.1 Location. The property on which an automobile service station is located shall not be within 100 feet of any residential district, or any property containing a school, public playground, church, hospital, public library, institution for children or dependents.

9.6.2 Site requirements. An automobile service station shall have a minimum frontage on the primary street of 120 feet and a minimum area of 12,000 square feet. All buildings shall be set back 40 feet from all street right-of-way lines and all canopies shall be set back 15 feet from all street right-of-way lines.

9.6.3 Access to site. Vehicular entrances or exits at an automobile service station:

9.6.3.1 Shall not be provided with more than two curb cuts for the first 120 feet of street frontage or fraction thereof.

9.6.3.2 Shall contain an access width along the curb line of the street of not more than 40 feet as measured parallel to the street at its narrowest point and shall not be located closer than 20 feet to a street intersection or ten feet to the adjoining property.

9.6.3.3 Shall not have any two driveways any closer than 20 feet at both the right-of-way line and the edge of the pavement along a single street.

9.6.4 Gasoline pump islands. All gasoline pump islands shall be set back at least 15 feet from the right-of-way line, or where a future widening line has been established, the setback line shall be measured from such line, and where pump islands are constructed perpendicular to the right-of-way line, the pumps shall be at least 60 feet from the right-of-way line of an arterial street, 55 feet from the right-of-way line of a collector street, and 45 feet from the right-of-way line of other streets.

9.6.5 Off-street parking. A minimum of two off-street parking spaces are required with an additional off-street parking space for each lubrication and wash bay.

9.6.6 Other site improvements. In addition to the above requirements, the following additional site improvements shall be adhered to:

9.6.6.1 A raised curb of at least six inches in height shall be erected along the street property lines, except for driveway openings.

9.6.6.2 A solid fence or wall six feet in height shall be erected along all adjacent property lines facing any adjacent residential lot.

9.6.6.3 Exterior lighting shall be arranged so that it is deflected away from adjacent properties and streets.

9.6.6.4 Signs, whether permanent or temporary, shall not be placed within the public right-of-way and shall be arranged so that they do not obstruct visibility for drivers or pedestrians.

9.6.6.5 All drives, parking storage, and service areas shall be paved and curbed and a good stand of grass shall be maintained on the remainder of the lot.

9.6.7 Storage of inflammable products. Outside above ground tanks for the storage of gasoline, liquefied petroleum gas, oil or other inflammable liquids or gases shall be prohibited at any automobile service station in all zoning districts. All used motor oil shall be stored in underground tanks.

The provisions of this section shall govern the location, size, setback and height of signs in each of the use districts established in this ordinance in order to insure safe construction, light, air and open space, to reduce hazards at intersections, to prevent the accumulation of trash, and to protect property values of the entire community. In addition, the provisions set forth in the building code adopted by the mayor and council, including all revisions and amendments thereto, shall also be adhered to.

9.7.1 General provisions.

9.7.1.1 All types of signs, except outdoor advertising signs, shall be allowed in all zoning districts without a permit.

9.7.1.2 All outdoor advertising signs shall be subject to the same side yard and height limitations imposed upon other buildings or structures in the use district in which said sign is located, except as otherwise provided herein.

9.7.1.3 For the purpose of computing sign area only one side of a "V-type" or double faced outdoor advertising sign shall be considered.

9.7.1.4 Rooftop outdoor advertising signs or sign structures shall not extend more than 30 feet above the roof line. Rooftop outdoor advertising signs or sign structures shall not extend beyond or overhang any exterior wall of the building upon which secured.

9.7.1.5 No outdoor advertising sign or sign structure shall be located in such a manner as to materially impede the view of any street or highway with a railroad grade crossing.

9.7.1.6 No outdoor advertising sign or sign structure shall be erected, relocated or maintained so as to prevent free ingress to, or egress from, any door, window, or fire escape.

9.7.1.7 No portion of any outdoor advertising sign shall be less than ten feet above the level of a sidewalk or other pedestrian thoroughfare, nor shall be less than 16 feet above the level of a public driveway, alley or street.

9.7.1.8 Within the C-1 and C-2 districts, no building owner, lessor, or owner's agent shall display more than one sign per storefront which contains substantially the same message. Total signage per storefront wall area cannot exceed ten percent of the storefront wall area. The percentage figure means the percentage of the area of the wall of which such sign is a part or to which each such sign is most nearly parallel.

9.7.1.9 Lots fronting on two or more streets are allowed the permitted signage for each street frontage, but signage cannot be accumulated and used on one street in excess of that allowed for lots with only one street frontage.

(Ord. of 12-12-1995(1))

9.7.2 Outdoor advertising signs as permitted uses. Outdoor advertising signs shall be permitted in the following classification districts provided the specified requirements are adhered to. However, no outdoor advertising sign shall be placed in the right-of-way.

9.7.3[2].1 R-1, R-1A, R-2, R-3.

(a)

Unilluminated real estate sales and lease signs in all but single-family dwelling districts must be removed at the owner's expense within 30 days of lease or sale. Such signs shall be limited to one sign per street frontage, and such signs shall not exceed 16 square feet in area.

(b)

Unilluminated real estate sales signs in single-family dwelling districts must be removed at the owner's expense within 30 days of the lease or sale. Such signs shall be limited to one sign per street frontage and shall not exceed 16 square feet in area along state or federal highways, or six square feet where adjacent to all other streets. Subdivisions in which fewer than 80 percent of the lots have been sold shall be entitled to one such 16-square-foot sign per access-providing street.

(c)

No outdoor advertising signs, with the exception of 9.7.3[2].1(a) and (b), shall be permitted in a residential district.

9.7.2.2 C-1, C-2, commercial districts. One outdoor advertising sign for each lot of 100 feet or less of lot frontage with one additional sign for each additional 100 feet or less of lot frontage under single ownership at the time of the passage of this ordinance, provided said sign does not exceed 400 square feet in area per structure facing. Where there are two signs, each not exceeding 300 square feet in area per structure facing, supported by the same sign structure, one above the other, they shall be considered as a single outdoor advertising sign.

9.7.3[2].3 M-1 wholesale and light industrial district. One outdoor advertising sign for each lot of 75 feet or less of lot frontage with one additional sign for each additional 75 feet or less of lot frontage under single ownership at the time of the passage of this ordinance, provided said sign shall not exceed 400 square feet in area per structure facing. Where signs, each not exceeding 300 square feet in area per structure facing, are supported by the same sign structure, one above the other, they shall be considered as a single outdoor advertising sign.

9.7.3[2].4 Manufactured home subdivision. One identification sign per street frontage not to exceed 60 square feet shall be permitted for each entrance to the mobile or manufactured home subdivision. No other outdoor advertising sign shall be permitted.

[9.7.3 Reserved.]

9.7.4 Prohibited signs. The following signs are prohibited in all use districts:

9.7.4.1 Any sign erected or painted upon a sloping roof, fence, tree, stand-pipe, fire escape or utility pole.

9.7.4.2 Any sign which uses the word "Stop" or "Danger" prominently displayed and/or which is a copy or imitation of official traffic control signs.

9.7.4.3 No flashing, blinking, fluctuating, or otherwise animated sign shall be permitted within 150 feet of a public right-of-way. Any sign which contains flashing or intermittent red, green or amber illumination (excluding official traffic control devices) shall be strictly prohibited.

9.7.4.4 Flags (not meeting the requirements of section 9.7.2), banners, balloons, streamers, air or gas filled figures shall be prohibited, except that conforming businesses may exhibit such signs announcing a grand opening for a new business for no more than one 14-day period. This applies to any business under one ownership unless a new location or branch facility is established.

9.7.4.5 Twirling, sandwich-type, sidewalk or curb-type signs, and portable displays.

9.7.4.6 No series, lines or rows of electric, neon, or other lights shall be installed, whether supported by cables or other physical means, within a distance of 115 feet of a public right-of-way.

9.7.4.7 No sign shall exceed the height limitation of the zone in which it is located except by special use permit.

9.7.4.8 No signs other than those belonging to local state governments, public service agencies, railroads and the like shall be located in a public right-of-way or on utility poles.

9.7.4.9 Any sign not specifically provided for in this ordinance shall be deemed unlawful.

9.7.4.10 No sign shall be erected on any property which advertises or relates to any business or activity other than that business or activity which is located on the premises where such sign is erected.

(Ord. of 4-13-1999)

9.7.5 Maintenance and removal of outdoor advertising signs.

9.7.5.1 All outdoor advertising signs and sign structures shall be kept in repair and in proper state of preservation. All unsafe signs must adhere to the provision of the building code adopted by the mayor and council, including all revisions and amendments thereto.

9.7.5.2 Outdoor advertising signs which are no longer functional, or are abandoned, shall be removed or relocated, at the owner's expense, in compliance with the provisions of this ordinance within 30 days following dysfunction.

9.7.5.3 Any legally established nonconforming outdoor advertising sign or sign structure shall be permitted without alteration in size or location, provided that the requirements of section 6.1 of this ordinance are adhered to and provided that nothing herein shall prevent maintenance, repairing, or posting of legally established nonconforming signs.

9.7.5.4 In the event of the destruction, partial or complete, of an outdoor advertising sign, the owner thereof shall have the right to reconstruct, rebuild, renovate, or repair said sign substantially to the same condition as before said destruction, provided the provisions in section 6.1 of this ordinance are adhered to.

Within the districts permitting cemeteries, the following requirements shall apply:

9.8.1 The site proposed for a cemetery shall not interfere with the development of a system of collector or larger streets in the vicinity of such site. In addition, such site shall have direct access to a thoroughfare.

9.8.2 Any new cemetery shall be located on a site containing not less than 20 acres.

9.8.3 All structures shall be set back no less than 25 feet from any property line or street right-of-way line.

9.8.4 All graves or burial lots shall be set back not less than 25 feet from any property line or minor street right-of-way lines, and not less than 50 feet from any collector, arterial, expressway or freeway right-of-way line.

9.8.5 The entire cemetery property shall be landscaped and maintained.

Cross reference— Cemeteries, ch. 26.

9.9.1 Definitions.

Fence: An enclosure or barrier of wood, masonry, stone, wire, iron, or other materials used as a boundary, means of protection, privacy screening, or confinement, including brick or concrete walls but not including hedges, shrubs, trees, or other natural growth. This does not include barbed wire and chain-link, which are separately defined.

Fence, barbed wire: Wire having sharp points that may puncture or snag persons, clothing, or animals.

Fence, chain-link: Open mesh fence made entirely of wire woven in squares of approximately one and one-half inches, usually with posts spaced at an interval of six feet, usually at a height of three or more feet.

Retaining wall: A structural wall for holding back (retaining) soils.

9.9.2 Permit required.

9.9.2.1 Permit application. Any owner, authorized agent, or contractor who desires to construct, enlarge, alter, move, or to cause any such work to be done to a fence or retaining wall, shall first make application to the Building Official and obtain the required permit.

9.9.2.2 Minor repairs. Ordinary minor repairs (except repairing over 25% of fence or wall) may be made without a permit, provided that such repairs shall not violate the minimum standard or other adopted codes.

9.9.2.3 Information required.

9.9.2.3.1 Each application for a permit, with the required fee, shall be filed with the Building Official on a form furnished for that purpose, and shall contain a general description of the proposed work and its location.

9.9.2.3.2 The application shall be signed by the owner, or his/her authorized agent.

9.9.2.3.3 Each application shall also have attached to it, if available, a property survey, or alternatively if survey unavailable, a drawing, with the survey or drawing showing the location of the property boundaries, location of all structures including septic tank and field lines on the property, the proposed location of the fence or retaining wall, and detailed drawing of the proposed fence or retaining wall and such other information as may be required by the Building Official.

9.9.2.4 Work commencing before permit issuance. Any person who commences work on a fence or retaining wall before obtaining the necessary permits, shall be subject to a penalty of 100 percent of the usual permit fee in addition to the required permit fees.

9.9.3 Location limits.

9.9.3.1 Setback. Fences, walls, or retaining walls are not subject to setbacks for buildings or accessory structures unless specifically provided otherwise in this ordinance.

9.9.3.2 Rights-of-ways. Fences, walls, or retaining walls shall not be located within any public right-of-way.

9.9.3.3 Easements. Fences, walls, or retaining walls shall not be constructed over utility easements without the written permission of the utility provider and the approval of the Building Official.

9.9.3.4 Gates. When gates for vehicular access are required or proposed, said gates shall not be located closer than 10 feet from a public street/road right-of-way.

9.9.3.5 Sight visibility triangle. Fences, walls, or retaining walls shall not be permitted to obstruct vision within sight visibility triangles at the intersections of public rights-of-ways and streets with driveways.

9.9.4 Height limits.

9.9.4.1 Generally. Commercial or industrial fences and walls (except retaining walls and safety barriers) shall not exceed ten feet in height, and other fences and walls shall not exceed eight feet in height, unless approved by the Building Official for a tennis court or other recreation facility, subdivision entrance monument, utility installation, public use, or where required to meet screening or safety requirements imposed by this ordinance.

9.9.4.2 Front yard. No residential fence or freestanding wall in a front yard shall exceed 4 feet in height.

9.9.5 Composition.

9.9.5.1 Approved materials. Fences and walls shall be composed of permanent materials approved by the Building Official. Brick, stone, rock, wood, and decorative concrete block shall be permitted unless otherwise specified in this ordinance. Vinyl and certain types of metal (e.g., wrought iron, aluminum, chain-link, and wire) may be authorized. Walls may be comprised of unfinished concrete block but shall be finished with brick, stone, stucco, or other material approved by the Building Official.

9.9.5.2 Materials prohibited. Fences or walls shall not be plywood, particle board, paper, plastic, plastic tarp, tires, pallets, recycled or discarded materials, or any other cast-off, secondhand, or other items not originally intended to be used for a fence or wall.

9.9.5.3 Razor wire. Razor wire shall not be used unless specifically approved by the Building Official based on documented security needs.

9.9.5.4 Barbed wire fences. Fences comprised of barbed wire are authorized only for agricultural purposes. Barbed wire top strands are permitted above chain-link fencing for commercial and industrial purposes.

9.9.5.5 Chain-link. When chain-link fencing for institutional, commercial, or industrial purposes is approved in a front yard or a side yard visible from the public right-of-way, the chain-link fence shall be vinyl coated. Chain-link fences with interwoven vinyl or metal inserts shall not be an acceptable form of screening and shall not be used without specific approval of the Building Official.

9.9.5.6 Screen. When a fence is used for screening, the decorative side shall face the exterior property line.

9.9.6 Specific fencing or wall requirements.

9.9.6.1 Trash or dumpster enclosures. Walls and fences forming trash enclosures shall be constructed of sturdy, durable, opaque materials (with trash receptacles screened from public view) which are similar to or designed to be compatible with architectural materials used for the principal building on the site it serves.

9.9.6.2 Retaining walls visible from public right-of-way. When retaining walls will be visible from a public right-of-way, the Building Official may limit the height of said retaining wall and may require that any retaining wall of 100 feet or longer be constructed to minimize visual monotony, through changes in plane, height, material, or material texture, or through significant landscape massing.

9.9.6.3 Subdivision or project entrance monuments. All fences or walls comprising a subdivision or project entrance monument shall require plans prepared by a registered landscape architect and are subject to the approval of the Building Official. The city may require fences or walls to incorporate columns or pillars extending at least six inches horizontally and a height at least as high as the height of the fence or wall, every 50 feet of fence or wall length, or to articulate the surface plane wall by incorporating plane projections or recesses having a depth of at least one foot and extending a horizontal distance of at least three feet and less than 20 feet. This articulation requirement shall not apply to a fence or wall of brick, masonry, or metal fencing that consists of at least 50 percent open voids.

9.9.7 Retaining walls. Retaining walls shall be designed to ensure stability against overturning, sliding, excessive foundation pressure and water uplift.

9.9.7.1 Approved materials. Materials for retaining walls shall be limited to: six inches by six inches or larger new pressure treated lumber, precast concrete stone or block, concrete masonry block, or solid poured concrete.

9.9.7.2 Engineered design. Retaining walls greater than 4 feet in height are required to be designed by a professional engineer.

9.9.7.3 Guards. Guards/railings are required along open sided surfaces of retaining walls that are more than 30 inches vertically to the grade below at any point within 36 inches horizontally to the edge or the open side.

9.9.7.4. Height. Required guards/railings shall not be less than 36 inches vertically above the adjacent open sided surface.

9.9.7.5 Opening limitations. Required guards/railings shall not have an opening from the open sided surface to the required guard height which allows the passage of a sphere four inches in diameter.

9.9.7.6 Live load. The minimum uniformly distributed live load capacity of required guards/railings shall be no less than 200 pounds per square foot of applied pressure.

9.9.8 Exemption for temporary fencing.

9.9.8.1 This section shall not apply to temporary fencing during construction, such as silt fences, and tree protection fences, and other erected under order of the building inspector.

9.9.9 Foundation approval and permit.

9.9.9.1 A fence or wall that requires an engineered foundation per the code shall require a permit by the Building Official prior to erection of the fence or wall.

9.9.10 Maintenance.

9.9.10.1 Fences and walls shall be maintained, repaired if damaged, and replaced if severely damaged or destroyed such that they are beyond repair.

(Amend. of 5-12-2020(1), Exh. A)