Vicksburg City Zoning Code
ARTICLE V
General Provisions
§ 475-5.01 Accessory buildings, structures, and uses.
A.
Attached accessory buildings. Unless otherwise specified in this section, accessory buildings or structures which are attached to the principal building (such as an attached garage, breezeway, or workshop) shall be considered a part of the principal building for the purposes of determining conformance with area, setback, height, and bulk requirements. A breezeway or other attachment between the principal building and the accessory building or structure must have a complete foundation and must provide interior access to both buildings for the accessory building to be considered "attached."
B.
Detached accessory buildings.
(1)
Location. Detached accessory buildings and structures shall not be located in a required front yard.
(2)
Minimum setback. The minimum setback from side and rear lot lines shall be five feet. The minimum setback from all other structures shall be 10 feet. For detached accessory structures that are greater than 1,000 square feet, the setback shall be the height of the structure, as measured from the average grade to the peak of the roof. At no time shall an accessory structure be located in a manner that would cause conflict with fire safety access, as determined by the Village's Fire Authority and/or Building Authority.
(3)
Size. No accessory structure(s) combined square footage shall exceed the maximum lot coverage of the District in which the structure is located. For purpose of this section, the maximum lot coverage also includes the principal building(s).
(4)
Height. Unless otherwise noted in this chapter, the maximum height of an accessory building or structure, as defined in this chapter, shall be subject to the height stipulation of the district in which the structure is located.
C.
General requirements.
(1)
Timing of construction. No accessory building, structure, or use shall be constructed or established on a parcel unless there is a legally-established principal building, structure, or use being constructed or already established on the same parcel of land. A parcel may not be divided if such division would result in an accessory building, structure, or use on a parcel on which there is no principal building, structure or use.
(2)
Review and approval. The Zoning Administrator shall review all proposed accessory structures for compliance with this chapter.
(3)
Location in proximity to easements or rights-of-way. Accessory buildings, structures, or uses shall not be located within a dedicated easement or right-of-way.
(4)
Accessory farm buildings. The requirements in this section shall not apply to accessory buildings (such as barns and silos) used on a farm or an active agricultural production operation, as defined in this chapter. No structure that contains a dwelling unit shall be considered an accessory farm building.
(5)
Shipping containers. Shipping containers shall not be permitted for storage purposes in any district zoned residential or commercial.
D.
Non-building accessory structures. Non-building accessory structures (for example, tennis courts, swimming pools, antennas) shall be located in the rear yard. In-ground swimming pools may be located within 42 inches of an attached deck that does not exceed eight inches above finished grade, but, in all other instances, shall be subject to all setback requirements for detached accessory structures.
§ 475-5.02 Access to streets.
A.
No building shall be erected on a lot or parcel of land which does not have access to a public street as required in provision "A" above.
B.
No lot, parcel or building site shall be occupied except where access to a public street is no less than 20 feet in width. Public access to commercial, industrial, or recreational uses shall not be designed so as to pass through the residential neighborhoods.
§ 475-5.03 Administrative regulations.
A.
Continued conformity with yard and bulk regulations. The maintenance of yards and other open space and minimum lot area legally required for a building shall be a continuing obligation of the owner of such building or of the property on which it is located, for as long as the building is in existence.
No portion of a lot used in complying with the provisions of this chapter in connection with an existing or planned building, shall again be used to qualify or justify any other building or structure existing or intended to exist at the same time.
B.
Division and consolidation of land. The division and consolidation of land shall be in accordance with the Land Division Act (Michigan Public Act 288 of 1967, as amended), and any other applicable regulations as established by the Village. No lot or parcel shall hereafter be divided into two or more lots and no portion of any lot shall be sold, unless all zoning lots resulting from each such division or sale conform to all regulations of the zoning district in which the property is located. The provisions of this chapter shall also apply where applicable.
C.
Relationship to other ordinances or agreements. This chapter is not intended to abrogate or annul any ordinance, rule, regulation, permit, easement, covenant, or other private agreement previously adopted, issued, or entered into and not in conflict with the provisions of this chapter.
However, where the regulations of this chapter are more restrictive or impose higher standards or requirements than other such ordinances, rules, regulations, permits, easements, covenants, or other private agreements, the requirements of this chapter shall govern.
D.
Scope of regulations. No structure or tract of land shall hereafter be used or occupied, and no structure, or part thereof, shall be erected, altered, or moved, except in conformity with the provisions of this chapter.
However, where a building permit for a building or structure has been issued in accordance with law prior to the effective date of this chapter and construction is begun within six months of the effective date, said building or structure may be completed in accordance with the approved plans. Furthermore, upon completion the building may be occupied under a Certificate of Occupancy for the use for which the building was originally designated, subject thereafter to the provisions of this chapter concerning nonconformities. Any subsequent text or map amendments shall not affect previously issued valid permits.
E.
Vested right. Nothing in this chapter should be interpreted or construed to give rise to any permanent vested rights in the continuation of any particular use, district, zoning classification, or permissible activities therein. Furthermore, such rights as may exist through enforcement of this chapter are hereby declared to be subject to subsequent amendment, change or modification as may be necessary for the preservation or protection of public health, safety, and welfare, to the extent that such rights are not protected by the nonconforming use provisions in this chapter.
§ 475-5.04 Allowable and prohibited uses.
A.
Allowable uses.
(1)
Only the following uses of land, buildings and structures are allowed in the Village, subject to proper review and approval procedures.
(a)
Uses lawfully established on the effective date of this chapter.
(b)
Permitted principal and accessory uses in the applicable zoning districts, subject to the requirements specified.
(c)
Special land uses in the applicable zoning districts, subject to the conditions and requirements specified.
(d)
Temporary uses, subject to the requirements provided within this chapter.
B.
Prohibited uses.
(1)
Uses and structures that are not expressly permitted in this chapter are prohibited.
§ 475-5.05 Barrier free modification.
Nothing in this chapter shall prevent the unlimited modification of a building only as it may be necessary to comply with barrier-free requirements and the American with Disabilities Act (as amended).
§ 475-5.06 Clear vision area.
A.
Intent. All streets, multiuse paths, right-of-way easements, alleys, or driveways that intersect a street shall establish a clear vision area in which no plantings, signs, fences, or structures shall be installed or maintained that are 30 inches or greater in height. Nothing shall be placed in the public right-of-way except for local, county, state or federally regulated items, such as mailboxes, street signs, utility equipment etc.
B.
Nothing shall be established in any yard, that will obstruct the view from driveways or adjacent roadways of vehicles entering or leaving the site.
C.
The clear vision area shall be a triangular area formed at the intersection with any street by a straight line drawn between the right-of-way or easement lines at the following distances:
(1)
Street: 25 feet.
(2)
Multiuse path: 10 feet.
(3)
Driveway: 10 feet.
(4)
Alley: 10 feet.
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§ 475-5.07 Decks.
Uncovered decks and patios may be located within a required front, side or rear yard, but shall be no closer than three feet to any lot line.
§ 475-5.08 Exceptions.
A.
Essential services. Essential services, as defined in this chapter, shall be permitted as authorized and regulated by franchise agreements and federal, state, and local laws and ordinances, it being the intention of this chapter to permit modification to regulations governing lot area, building or structure height, building or structure placement, and use of land in the Village when strict compliance with such regulations would not be practical or feasible.
Although essential services may be exempt from certain regulations, proposals for construction of essential services shall still be subject to site plan review and Special Land Use review in all zoning districts, it being the intention of the Village to achieve efficient use of the land and alleviate adverse impact on nearby uses or lands. Essential Services shall comply with all applicable regulations that do not affect the basic design or essential operation of said services.
B.
Voting place. The provisions of this chapter shall not be construed to interfere with the temporary use of any property as a voting place in connection with a public election.
§ 475-5.09 Floodplain.
The floodplain area of lakes, ponds, rivers, and streams and their branches and tributaries shall be determined from time to time by the Federal Emergency Management Agency (FEMA), the county engineer/drain commissioner, the U.S. Army Corp of Engineers, or other official U.S. or Michigan public agency responsible for defining and determining floodplain areas. No building for human occupancy shall be erected or hereafter occupied, if vacant, in such designated floodplain areas. Buildings that have established human occupancy prior to the date of adoption of this chapter shall be exempt, unless otherwise regulated in the Village of Vicksburg's General Ordinances.
§ 475-5.10 Keeping of animals.
A.
Generally.
(1)
The keeping of pigs, hogs, poultry, wild fowl, livestock, or equine is prohibited within or upon any platted or developed properties within the Village. The foregoing restrictions, however, shall not be construed to pertain to legitimate farm or agricultural operations nor to lawful operations involving any of the foregoing animals existing on the date of the recording of any residential plat or the construction of any home adjoining the same; nor to any land, the last active use of which, during the preceding three years prior to such platting or development of adjacent land, was legitimate farming or agricultural operations or involved any of the foregoing animals.
(2)
No such animals shall be permitted in any area of the Village where the same become obnoxious by reason of odors, noise, or sanitary conditions. The determination of the Board of Appeals, established under the statute and this chapter shall, in the absence of fraud, be conclusive on the question of whether the same are so obnoxious.
(3)
Domestic animals that are normally and customarily kept for pleasure and companionship, such as dogs, cats, rabbits, caged birds, small domesticated rodents and non-venomous reptiles, and other similar non-toxic animals that do not conflict with or violate any other law or regulation of the state, county or Village Ordinance, are permitted as accessory to a residential use.
(4)
No butchering or slaughtering of animals shall take place on any property within the Village.
(5)
Such regulations are not intended to supersede or interfere with any other agency which may include the Kalamazoo County Animal Control, Kalamazoo County Public Health Department, or any applicable state agency.
§ 475-5.11 Lighting.
A.
Intent. The regulations in this section are intended to require sufficient lighting for parking areas, walkways, driveways, building entrances, loading areas, and common areas to ensure the security of property and safety of persons. These regulations are also intended to prevent the adverse effects of inappropriate lighting, including glare, light trespass onto adjoining properties, light pollution and sky glow, and energy waste. These regulations are also intended to permit and encourage the use of lighting that promotes energy efficiency and conservation in the Village.
B.
Applicability.
(1)
Any person applying for site plan approval, or for a commercial building, electrical permit, or sign permit to install outdoor lighting fixtures shall submit evidence that the proposed work will comply with this section. Any non-residential and/or non-agricultural property that has been vacant and/or unused for more than six months must be brought into compliance with this section prior to being issued a Certificate of Occupancy for a new use.
(2)
The site plan or building, electrical, or sign permit application shall identify the location, type, height, method of mounting, and intensity of proposed lighting. The manufacturer's catalog specifications and documents, and a photometric plan, shall be submitted. The information submitted shall be sufficiently complete to demonstrate compliance with chapter requirements.
(3)
Single unit dwellings (homes) and lots dedicated to agriculture shall be exempt from this section.
C.
General requirements.
(1)
All outdoor lighting shall be downward facing at a 90° angle and shielded so as to conceal the source of the light. Uplighting of landscaping shall be exempt from this requirement but must be shielded so it does not spill over onto adjacent lots.
(2)
Light trespass on a commercial property shall not exceed 0.5 foot-candles at the property line, measured at grade.
(3)
Light trespass on a residential property shall not exceed 0.25 foot-candles at the property line, measured at grade.
(4)
To prevent sky glow, lighting shall be shielded or designed to prevent light from projecting above a 90° horizontal plane (see illustration).
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(5)
Gas station canopies and similar structures shall have fully recessed lighting fixtures and the total initial lamp output under the canopies shall be limited to 32 lumens per square foot of canopy.
D.
Height. Lighting fixtures shall not exceed a height of 25 feet.
E.
Exceptions.
(1)
Temporary lighting. Lighting for permitted civic uses is exempt from the provisions of this section. Holiday lighting is also exempt from this section.
(2)
Construction and emergency lighting. Lighting necessary for construction or emergencies is exempt from the provisions of this article provided that said lighting is temporary and discontinued immediately upon completion of the construction work or abatement of the emergency.
(3)
Roadways. Lighting for public roadways shall be exempt from this section.
(4)
Legally required or emergency lighting. Lighting that is required by the county, state, or federal government shall be exempt from this section, as shall emergency lighting, for the duration of the emergency, as determined by responding emergency personnel.
(5)
Lighting of flags. Lighting of flags, as recommended by the Flag Code, is exempt from this section.
(6)
Special conditions. Additional exceptions may be permitted by the Planning Commission upon finding that unique or special conditions on the site warrant the exception.
§ 475-5.12 Outdoor seating.
A.
Outdoor seating for uses such as restaurants, bars, coffee shops, ice cream shops, and other businesses in commercial zones shall meet the following requirements.
(1)
Businesses proposing outdoor seating shall submit a site plan showing the layout of the outdoor seating area for administrative plan review.
(2)
Outdoor seating shall be included in the calculation of required parking for the principal use of the site, and any additional required parking spaces triggered by the addition of outdoor seating must be constructed before the outdoor seating can be used. Sites that are located within 500 feet of a municipal/public parking lot, as measured by a linear distance, shall be exempt from this requirement.
(3)
Outdoor seating shall be subject to review and approval by the Fire Department and all relevant county or state approvals.
(4)
Outdoor seating shall not obstruct the general use of pedestrian pathways (access) if such use is to be placed along a main thoroughfare.
(5)
The outdoor seating use shall comply with the Village's noise ordinance.
§ 475-5.13 Principal building or use.
No more than one principal building or use may be located on a parcel, except for groups of related industrial or commercial buildings, multiple-unit dwellings, or manufactured housing units contained within a single, integrated complex, sharing parking and access.
§ 475-5.14 Private deed or plat restriction.
The enforcement of regulations in this chapter does not preclude the enforcement of private deed or plat restrictions by those who benefit from such restrictions, provided there is no conflict with the zoning regulations contained herein or the Subdivision/Site Condominium Ordinance.
§ 475-5.15 Public uses: critical, essential and supporting.
Critical, essential, and supporting public uses shall be allowed in any zoning district by right. It is the intention to exempt such erection, construction, alteration, or maintenance from the application of this chapter.
§ 475-5.16 Residential solar.
A.
On-site use solar energy panels (50kW or less). The use of solar energy panels for on-site use may be permitted administratively as an accessory use, provided it complies with applicable county, state and federal regulations and safety requirements, including the Michigan Building Code and the following requirements. A building permit shall be required for the installation of any on-site use solar energy systems.
(1)
Ground-mounted on-site use solar energy panels.
(a)
Ground-mounted solar energy panels shall be permitted to be located on a residentially-used parcel as an accessory structure.
(b)
Up to 15% of the residential parcel may be permitted to be covered with ground-mounted solar energy panels.
(c)
A ground-mounted solar energy panel shall be located in the rear yard and shall be set back a minimum of 10 feet from all property lines.
(d)
No ground-mounted solar energy panel shall be permitted to exceed a height of 15 feet.
(e)
All power transmission or other lines, wires or conduits from a ground-mounted solar energy panel to any building or other structure shall be located underground. If batteries are used as part of the ground-mounted solar energy panel, they must be placed in a secured container or enclosure in compliance with manufacturer and building code requirements.
(f)
There shall be greenbelt screening around any ground-mounted solar energy panels and equipment associated with the system to obscure, to the greatest extent possible, the solar energy panels from any adjacent residences. The greenbelt shall consist of shrubbery, trees, or other non-invasive plant species that provide a visual screen. In lieu of a planting greenbelt, a decorative fence (meeting the requirements of this chapter applicable to fences) may be used.
(g)
In the event that a ground-mounted solar energy panel has been abandoned (meaning not having been in operation for a period of one year), it shall be removed by the property owner within six months from the date of abandonment.
(2)
Roof or building mounted private solar energy panels.
(a)
Roof or building mounted panels shall be considered an accessory use in all zoning districts subject to the requirements of this section.
(b)
Shall not project more than two feet above the roof line. However, the solar panel when installed shall not exceed the maximum height allowed in the Zoning District. The use of flat mount solar panels or solar shingles is preferred.
(c)
May be constructed on any roof surface of an existing structure.
(d)
Shall meet all building and fire code regulations.
(e)
In the event that a roof or building mounted solar energy panels have been abandoned (meaning not having been in operation for a period of one year, it shall be removed by the property owner within six months form the date of abandonment.
(3)
Removal/abandonment. If a solar energy system ceases to perform its intended function (generating electricity) for more than 12 consecutive months, the property owner shall remove the collectors, mounts, and associated equipment and facilities no later than 90 days after the end of the 12-month period. Where the removal has not been lawfully completed as required above, and after at least 30 days written notice, the Village may remove or secure the removal of the solar energy system or portion thereof, with the Village's actual cost and reasonable administrative charges to be placed as a lien on the property. A lien on the property shall be superior to all other liens except taxes.
§ 475-5.17 Streets, roads, and other means of access.
A.
Intent. Unimpeded, safe access to parcels of land throughout the Village is necessary to provide adequate police and fire protection, ambulance services, and other public services, and to otherwise promote and protect the health, safety, and welfare of the public. The standards and specifications set forth herein are determined to be the minimum standards and specifications necessary to meet the above stated intentions.
B.
Public access required/minimum frontage. The front lot line of all lots shall abut onto a publicly dedicated road right-of-way or approved private road. The required frontage on an approved road right-of-way shall be equal to or greater than the minimum lot width for the district in which the lot is located. Any parcel or lot existing at the time of the enactment of this chapter may be excluded from these requirements as long as the parcel or lot has access provided by an existing lane, road, easement, or similar access route. Such parcel or lot shall not be considered non-conforming by reason of road frontage.
C.
New roadways. Newly constructed roadways shall comply with the requirements of the Kalamazoo County Road Commission and/or the Village of Vicksburg, as established.
§ 475-5.18 Swimming pools.
A.
Private pools shall be permitted as an accessory use within the rear or side yards only, and shall comply with the maximum lot coverage for in-ground (above-ground shall be exempt from lot coverage) requirements of the zoning district. Private swimming pools shall meet the following requirements:
(1)
There shall be a distance of not less than 10 feet from the adjoining property line and the outside of the pool wall or appurtenant structures that are accessory to it.
(2)
There shall be a distance of not less than 10 feet between the outside pool wall and any building located on the same lot.
(3)
No swimming pool shall be located in a front yard.
(4)
The pool shall be kept clean with a water filtration system.
(5)
If electrical service, drop conductors, or other utility wires cross under or over a proposed pool area, the applicant shall make satisfactory arrangements with the utility involved for the relocation of wires before a permit shall be issued for the construction of a swimming pool.
(6)
No swimming pool shall be located in an easement.
(7)
All pool areas shall be accessible to emergency services personnel in the event of an emergency.
(8)
Below ground pools:
(a)
The yard shall have an enclosed fence, not less than four feet in height (or the height stipulated by the Michigan Building Code), surrounding the pool with a gate.
(b)
The gate shall be of a self-closing and latching type, with the latch on the inside of the gate not readily available for children to open.
(c)
Gates shall be capable of being securely locked when the pool is not in use for extended periods.
(9)
Above ground pools:
(a)
The yard shall be completely enclosed by a fence not less than four feet in height (or the height stipulated by the Michigan Building Code), unless the outer wall of the aboveground pool which completely encircles the swimming pool is 42 inches above the ground level adjacent to the pool.
(b)
The 42-inch wall height must be maintained continuously at all points along the side wall that surrounds the pool.
(c)
The gate and/or stairs shall be of a self-closing and latching type and must be in operable condition at all times.
(d)
If the entire pool area is enclosed by a fence a fence that exceeds the minimum required per the State of Michigan Building Code, the Building Official may accept alternative fencing options.
§ 475-5.19 Temporary structures and uses.
A.
General requirements. Temporary buildings and structures shall comply with the following requirements:
(1)
Emergency housing. A building or structure may be approved for temporary residential use only while damage to the principal dwelling due to fire, flood, ice, wind, or other natural disaster is being repaired. Any such temporary building shall not be used as a residence without prior review and approval by the Police, Fire, and Zoning Administrators.
(2)
Temporary structures used for nonresidential purposes. Temporary buildings for nonresidential use, including semi-trucks/trailers and concrete batch plants, shall be permitted only when the intended use is by a contractor or builder in conjunction with a construction project, and only after review and approval by the Zoning Administrator. Such temporary structures shall be removed immediately upon completion of the construction project and prior to a request for a Certificate of Occupancy for the project.
(3)
Permits. Permits for the utilization of temporary structures shall be issued by the Zoning Administrator. The permit shall specify a date for the removal of the temporary structure, and the Zoning Administrator may require posting of a bond to insure removal. A Certificate of Occupancy shall be required for such structures.
B.
Roadside farm stands and farmer's markets. The following regulations shall apply to all roadside stands and farmer's markets, as defined in this chapter:
(1)
Roadside farm stands.
(a)
Site maintenance. Adequate provisions shall be made for waste collection and removal. Plant and vegetable waste shall be removed daily so that it does not rot or cause odors. Litter shall be picked up and disposed of daily.
(b)
Parking. Off-street parking may be provided in the required front yard setback area.
(c)
Product. The roadside farm stand shall be solely for the purpose of selling agricultural products cultivated on the property where the roadside farm stand is located.
(2)
Farmer's markets.
(a)
Structures. Although considered temporary outdoor sales, farmer's markets may be the principal use of a lot and may have either permanent or temporary structures (or both). Unless exempt, structures shall be subject to inspection under the Single State Construction Code Act and Property Maintenance Code.
(b)
Trash containers. A sufficient number of trash containers shall be placed on the premises for public use.
(c)
Parking. Off-street parking shall be provided, which may be located in the front yard. Off-street parking may be located on a grass or gravel area for seasonal uses. Off-street parking shall be provided at the following rates: five spaces, plus one space per 200 sq. ft. of interior retail floor area, plus one space per 1,000 square feet for outdoor activities. Parking shall comply with the dimensional and barrier-free parking requirements in this chapter.
(d)
Exterior lighting. Parking lot and pedestrian route lighting shall be required for any farmer's market that operates after dusk or before dawn, subject to this chapter. Adequate lighting shall be provided to ensure the safety of pedestrians and drivers.
§ 475-5.20 Trash removal and collection.
A.
Applicability. The following shall apply to permanent trash containers with over 100 gallons of capacity, on a lot with a commercial, industrial, or multi-unit housing use.
B.
Location.
(1)
Dumpsters shall be permitted in the side or rear yard provided that no dumpster shall extend closer to the front of the lot (both street frontages shall be considered "front" on corner lots) than any portion of the principal structure.
(2)
The dumpster shall not encroach on a required parking area and shall be clearly accessible to servicing vehicles.
C.
Concrete pad. Dumpsters shall be placed on a concrete pad. The concrete pad shall extend a minimum of 10 feet in front of the dumpster enclosure.
D.
Screening. Dumpsters shall be screened from view from adjoining properties and public streets and thoroughfares.
(1)
Dumpsters shall be screened on three sides with a permanent building, masonry wall, or wood fencing, not less than six feet in height.
(2)
The fourth side of the dumpster screening shall be equipped with an opaque lockable gate that is constructed of wood or wood composite material. The gate shall be the same height as the enclosure around the other three sides. When not in use, enclosure gates shall be closed and locked.
E.
Bollards. Bollards (concrete filled metal posts) or similar protective devices shall be required at the opening to prevent damage to the screening wall or fence.
F.
Temporary dumpsters. Temporary dumpsters on-site for construction, demolition, or similar temporary purposes may be permitted for the duration of the project provided that consistent progress is made on the project and the dumpster is necessary throughout.
§ 475-5.21 Voting place.
The provisions of this chapter shall not be so construed as to interfere with the temporary use of any property as a voting place in connection with a municipal or other public election.
§ 475-5.22 Walls and fences.
A.
Measurement of height. The maximum height of a fence or wall shall be measured from grade level adjacent to the fence or wall, to the top of the fence or wall. Where the elevation is higher on one side than on the other, such as with a retaining wall, the grade level measurement shall be made on the side with the lower elevation.
B.
Front yard. The maximum height in the front yard shall be four feet, and must be at least 50% opaque (see-through).
C.
Side and rear yards. The maximum height in a rear or side yard shall be eight feet.
D.
Wall, fence, and gate materials. Walls shall be constructed of masonry material that is architecturally compatible with the materials used on the facade of the principal structure on the site, such as face brick, decorative block, or poured concrete with simulated brick or stone patterns.
Fences shall consist of materials commonly used in conventional fence construction, such as wood, wood composite, vinyl, and metal (chain link). Scrap metal, sheet metal, canvas material, plastic lattice fencing (snow fencing) are not considered a permitted construction material type.
E.
Finished appearance. If one side of a fence or wall has a more finished appearance than the other, then the side of the fence or wall with the more finished appearance shall face the exterior of the lot.
F.
Obstruction to use of adjoining property. No fence or wall shall be erected where it would prevent or unreasonably obstruct the use of adjacent property, nor shall a fence or wall be erected where it would obstruct or prevent the continued safe use of an existing driveway or other means of access to adjacent property. In enforcing this provision, the Zoning Administrator/Building Official may require a fence or wall to be lowered or set back a minimum distance from a driveway or property line.
G.
Fence and wall maintenance. Fences and walls shall be maintained in good condition. Rotten, crumbled or broken components shall be replaced, repaired, or removed. As required, surfaces shall be painted, stained, or similarly treated.
H.
Signs on fences. No advertising signs or banners may be attached to any fence.
I.
Clear corner vision. All fences in all zoning districts must allow clear corner vision for all street intersections and driveway entrances. Fences must be less than three feet tall within a triangle formed by two points, each 25 feet away from the intersection of the right-of-way line and the driveway, and the line connecting them.
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§ 475-5.23 Yard projections.
Certain design features and structures may be permitted to encroach into a required yard, so long as the following provisions are satisfied:
A.
Decks (at grade or less than 24 inches high) may project into a required yard, provided that such structures are;
(1)
Unroofed and without walls or other continuous enclosed features;
(2)
That no such structure shall be permitted nearer than five feet to any lot line;
(3)
That such areas and structures may have open railings or fences not exceeding three feet in height.
B.
Elevated decks and balconies may project into a required yard, provided that:
(1)
Such structure shall not be permitted within five feet of any lot line.
(2)
No building shall have more than one such elevated deck or balcony in any one yard;
(3)
Such structure is no closer than 10 feet to any other building/structure on adjacent property.
