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18 - Amendments to the Fence Regulations City Code Article 4-11Item No. 18 �a a TO: Mayor, Mayor Pro -Tem & City Council Grayson Path, City Manager FROM: Andrew Mack, AICP Director Planning & Community Development SUBJECT: An Ordinance Amending the Fence Regulations City Code Article 4-11 MTG. DATE: October 25, 2021 BACKGROUND & DISCUSSION At its meetings held on both April 12 & 26, 2021 extensive discussions were held regarding a number of considerations regarding the fence regulations following citizen's concerns regarding the orientation or direction of the posts for privacy fences. Following staff review of the ordinance regulations substantially updated for the City and adopted on 3/28/2008, a number of factors were presented to the City Council for consideration, including preliminary research on what other surrounding communities are doing regarding fence regulations. Since that time staff completed review and update of the regulations which are presented for Council consideration and ordinance revision adoption as attached to this report. In addition to a number of minor wording and technical updates, the primary components of the revisions include the following provisions: Fence Permit Requirements. The requirements for obtaining a permit to construct a fence vary from community to community. Staff's recommendation, and Council concurred, not to require a permit for construction of a fence. The main reason for this is two -fold. 1. Greater staff time is required for permitting and inspections. 2. Once the City issues a permit, arguments can arise between neighboring property owners with regard to where the fence is constructed in relation to the property line. Additional surveying fees can be expensive when added to the cost for a new fence and is commonly avoided. The location of the property line is a land owner responsibility and not the City's. However, once the City approves a permit for a fence and disputes arise between neighbors, the City can frequently be brought into the middle of the dispute which can place the City in a position of having to defend its position of not being responsible for such civil disputes. This involves more staff time to assist with research and/or help with best available information. It is not a productive use of staff time when such instances occur and worse, can leave an unfavorable viewpoint of the homeowner towards their city government services. The Council agreed to eliminate the permit requirement, except where an engineering review analysis is required by either State Pool code requirements in conjunction with a pool, or by the International Code Congress (ICC) for solid fence structures exceeding seven (7) feet in height or greater requiring structural engineering analysis. The COA permit for historic districts will continue to remain in place with respect to regulating the type of materials that fences may be constructed of in those Page 1 of 2 designated residential districts. By eliminating the permit requirements, the remaining standards would still apply. They would then be enforced on a complaint basis when reported or identified by code enforcement, building and planning staff on a case-by-case basis when necessary. 2. Fence Height Requirements. A concern was identified with regard to allowing fences in the side and rear yards up to a height of eight (8) feet in residential neighborhoods. But following research conducted of surrounding communities, it was concluded that allowing the 8 feet height was appropriate given a number of fences constructed to this height for Paris homes. Again, according to the ICC structural engineering plans are required for fences over 7 feet in height to verify wind loading and assure that they will not fall over and cause injury or damage to property. This has not been done in the past and will continue to require a permit with the structural plans. From my experience, this will have the effect of limiting fences in residential areas to a height of less than 8 feet. Taller fences over 7 feet can further reduce air and light in side and rear yards with smaller lots which can impact health or psychological effect of being more boxed into a yard by causing the feeling of more structure massing on lots and the effects of claustrophobia. During the review of the regulations, it was also determined that several variances were being approved to allow smaller fences in the front yard. The ordinance was also conflicted on this subject with the way the language was written, and such fences were permitted in the historic residential district. Provisions are now made to allow fences not exceeding 42" in height in the front yard with restrictions on the type of materials and required openness. This will provide for greater consistency throughout the City and eliminate the need for routine variances. 3. Fence Facing/Orientation Requirements. The placement of the post -side of the fence as being required to face inward toward the rear and side yards of the lot was the principal concern expressed in April. It was the consensus of the Council to have the standards allow the fence to face either direction in the side or rear yard, but to require the smooth side of the fence to face outwards on where facing the street or public property.: PUBLIC INPUT In April City Council received extensive input and held discussions on the need to update the fence regulations at both the Citizens Forum and a subsequent agenda item where Staff provided research findings and Council directed staff to proceed with changes to the ordinance. RECOMMENDATION Staff recommends approval of the amendments to the Fence Regulations updating City Code Article 4.11. Page 2 of 2 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING THE CITY OF PARIS CODE OF ORDINANCES BY AMENDING ARTICLE 4-11, "FENCE REGULATIONS", ARTICLE 4.11.05, "PERMIT AND INSPECTIONS"; PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on March 28, 2008, the City Council of the City of Paris, Texas adopted Ordinance No. 2008-008 related to Fence Regulations; and WHEREAS, on April 12, 2021 and April 26, 2021 during regular City Council meetings extensive discussions were held regarding a number of considerations concerning the fence regulations, including the orientation or direction of the posts for privacy fences, leading staff to review the ordinance regulations including preliminary research as to what other surrounding communities are doing regarding fence regulations; and WHEREAS, since that time, staff completed a review and update of the regulation which are presented for Council consideration and ordinance revision adoption as attached herewith in Exhibit A; and WHEREAS, the primary components of the revisions include Fence Permit Requirements, Fence height Requirements, and Fence Facing /Orientation Requirements; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set out in the preamble to this ordinance are hereby in all things approved. Section 2. That Code of Ordinances Article 4-11 and "Fence Regulations," shall be amended to read in its entirety as set forth herein in Exhibit A. attached hereto and incorporated herein as if set forth in full. Section 3. That all provisions of the ordinances of the City of Paris, Texas in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Paris not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 4. That the repeal of any ordinance or part of ordinances affected by the 1 enactment of this ordinance shall not be construed as abandoning any action now pending under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering any penalty accruing or to accrue, or as affecting any rights of the municipality under any section or provisions of any ordinance at the time of passage of this ordinance. Section 5. That it is the intention of the City Council of the City of Paris that this ordinance, and every provision hereof, shall be considered severable, and the invalidity or partial invalidity of any section, clause, or provisions of this ordinance shall not affect the validity of any other portion of this ordinance. Section 6. That any person violating any provision of this ordinance shall be guilty of a misdemeanor, and upon conviction, shall be subject to a fine in accordance with provisions of Sec. 1.01.009 of the City of Paris Code of Ordinances, and each and every day's continuance of any violation of the above -enumerated sections shall constitute and be deemed a separate offense. Section 7. This ordinance shall become effective on from and after its passage and publication as required by law. PASSED AND ADOPTED on this 25th day of October, 2021 by the City Council of the City of Paris, Texas in regular session following notice and publication as required by law. ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney 2 Paula Portugal, Mayor AN ORDINANCE AMENDING ARTICLE 4.11 FENCES Sec. 4.11.001 Definitions Average. grade. The average point between the lowest point of elevation of the finished surface of the ground, paving, or sidewalk and the highest point. Chain-link fence. A fence structure made of metal fence fabric attached to galvanized or wooden posts in an approved and workmanlike manner. Chief building official. The chief building official of the city or his designee. Corner property. (1) Property which abuts an alley, parking lot, or driveway and a street. (2) Property which abuts two (2) streets. (3) Property whose common lot line between two (2) or more adjacent properties forms different yards. Electrical fence. A barrier that uses painful or even lethal high-voltage electric shocks to deter animals or people from crossing a boundary. Fence. A structure or hedge serving as an enclosure, barrier, or boundary made of either metal, wire, naturally durable wood, treated wood, synthetic material, or plant material as defined herein. A fence shall not include equipment screening devices as may be required under the design standards for historic districts. Fence arm. An arm that projects from the top of a fence, typically to hold barbed wire. Front yard. An open space unoccupied by a principal structure on a lot facing a street, extending across the full width of the front of a lot between the side lot lines, and in front of the front -most corners of the principal structure, including any unenclosed portion of a front porch, carport, portico, or other unenclosed structure located beyond the front face of the principal structure. Hedge. Cultivated plant material, deciduous, or evergreen plant material planted in such a manner so as to constitute a fence. Hei ht. The distance measured from the existing average grade of adjoining properties to the top of the tallest structural member of a fence. Hilal ^ui°°uruaUonaj__...Bu Hdh', Code. .. I ���.�.... mama' � al,,,..B�di�i v � JIllwlll..� � �Ilwm wwf�uwii � ��q �u�..,., t �1 l uu ui u n Illi is uur° uliil � IIIinteui u�uafloinWu 3 u IIII lii � gu m � er iifla'I tool leu ph i mss �o wl wll�c hal m iii id *�u�ull ��1 " .w._ .. __._.._.__......____..._ ..__...__,,,,,,,,,,,,,,,,,,_... i,,,,,,, mem ui w o�uuwriau t�yl1iti�ut em0ir nii���n 1 addiimmu � * des"�1u�u.w�eii u uiui *tallnaIl u of i"riateid6sI.Ilhmwi ui iii tee .p aiindwwsal � �w Metal `R" wall )anel. A metal "R" panel, also known as a rib panel, is a wide panel that is very high in strength. The metal "R" panel is normally made from aluminum or metallic coated steel Page 1 of 11 and is typically available with a rib height of one and one-half (1.5) inches and width of thirty-two (32) inches to thirty-nine (39) inches per panel. Nonconforming fence. A fence located within the corporate city limits which does not conform with the requirements or standards of this article, but which was lawfully constructed and in existence and in safe condition on the day that this article was enacted by the city council. PrivacZ fence. A fence structure consisting of material constructed to inhibit sight through said fence. Properly maintained. Maintained in a workmanlike manner and kept in a condition of good repair, with no missing or broken parts, and generally plumb, level, in line, and unmarred. Rear Zard. An open space unoccupied by a principal structure extending for the full width of the lot between the principal structure and the rear lot line, and behind the back -most corners of the building line of the principal structure. Ri ht-of-wa and easement. The area between the property line and the curb or street edge. Screening_device. A solid fence, wall, or other barrier designed to conceal property from public view. Side_ hard. An open space unoccupied by a principal structure, situated between the building and the side line of the lot, and extending through from the front yard to the rear line of the lot, including any unenclosed portion of a side porch, carport, portico, or other unenclosed structure located beyond the side of the principal structure. Any lot line not a rear line or a front line shall be deemed a side line. N.,Pr mw9�vii�� ��uiuillm�gi� II iu„i,�„�m���.!�.�����rvwiiure�t,..ui���,��iira�,-twe,iiiit I��e....�_IIII �ujw�ro��wl��w�l�r�wiw ii��mw w�n�� ���.���1� ���)jwtwo II m... �m�pium wlw6lll�a for Ih=.nr I h. . , i�, I,.,a � I�.,y�.Irlhstreet ;imd ..vI�ma . �. T-posf. A fence post, usually of metal, designed to support fencing materials. Wire fence. Fencing constructed of wire or similar materials; includes fences using T -posts, hog, chicken, or other penning materials. Workmanlike. Executed in a skilled manner, e.g., generally plumb, level, square, in line, undamaged, and without marring adjacent work. Yard. Front yard, rear yard, and side yard as defined herein. (Ordinance 2008-008, sec. 2, adopted 3/24/08; 1988 Code, sec. 11.5-1) Sec. 4.11.002 Dangerous fences declared nuisance; removal by city Any fence which is or has become dangerous to public safety, health, or welfare is hereby declared a public nuisance and is subject to removal by the city upon failure by the fence owner to take necessary action to repair, replace, or remove such fence after due notice as provided herein. (Ordinance 2008-008, sec. 2, adopted 3/24/08; 1988 Code, sec. 11.5-2) Page 2 of 11 Sec. 4.11.003 General standards (a) Fence materials and types. (1) General standards. (A) Fences may be constructed of stone, masonry, brick, wrought iron, durable or treated wood, polyvinyl chloride (PVC) fencing materials, chain-link, or other materials of like kind that the chief building official determines have the same quality, appearance, and durability. All materials must be of the type that is customarily used in residential landscaping. (B) All fencing materials used throughout the property must be complementary of each other. (C) All fences must be constructed in a neat and workmanlike manner, in accordance with manufacturers' specifications, and shall be properly maintained at all times. (2) Chain-link fences. (A) Chain-link fences less than five (5) feet in height in residential districts shall have the finished edge of the material on the top of the fence. (B) Chain-link fences are prohibited in front yards in uses other than industrial. (3) Masonry fences. Any stone, masonry, or brick wall or fence constructed of similar materials greater than four feet in height shall be submitted on properly drawn plans and sealed by a registered professional engineer; the plans shall be submitted to the city engineer for review and approval prior to beginning construction. (4) Electric fences. A fence constructed to intentionally conduct electrical current shall not be permitted in any zoning district except agricultural districts; however, in no case shall electric fences be permitted adjacent to a lot , one for sw`ingl l° which as used for residential purposes. (5) Barbed wire fences. Barbed wire fences are permitted in agricultural districts on property over four (4) acres and in LI and H I districts; however, in no case shall barbed wire fences be permitted on property in agricultural districts that are located adjacent to a lot mxm ...fo1_�iigi �e 01 MUIIbrn 111 mctu aiiieid wN u � sm used for residential purposes. (6) Fence arms. Fence arms shall not be permitted in any zoning district except LI and HI districts; however, in no case shall fence arms extend beyond the property line. (7) Prohibited materials. The following fencing materials are not permitted in any zoning classification: (A) Fences utilizing materials that are not commonly used in residential landscaping and which are historically intended for temporary uses only. Page 3 of 11 (B) Fences incorporating woven wire mesh (chicken wire), welded wire mesh, woven wire (hog wire), or other penning materials, on property that is not zoned and actively used for agricultural purposes; however, such pens may not be located within one hundred (100) feet of property zongj tw.Mr S ill1(11e..c u.urii uri ii iwlll °w w iiil w;mimluMric ruurnri �� ��� 'i is used for residential purposes. (C) Fences incorporating T -posts as the structural support for the fencing materials. (D) Fences made up of or utilizing rope, cable, railroad ties, utility poles, or any other similar materials or materials not specifically manufactured for permanent fencing; however, cable fencing may be utilized in city parks or on other city recreational property. (E) Corn cribbing (snow) fences. (F) Fences made of sheet metal, fiberglass, solid plywood, scrap lumber, pallets, temporary fencing, or other non -customary materials. (G) Fences made of common concrete, hadite, or non -decorative cinderblock. (b) Fence height,. (1) Front yard fence requirements. A CJs Fences °M aU......' "..:::..':'... m the front yard witf}:mw wu°willu,.ww to the following L pgMiiiu° w; °wm g: (i) On lots zoned Historic Overlay District (HD) and in accordance with the design standards adopted by the historic preservation commission ui i � ��)'Zei ed' j r �M�;: two ;i... � � W�� iivL� hiprvu vpi IIIc ;l.. (ii) On lots in excess of two (2) acres in size which are used for single- family residential purposes. (iii) On lots which are zoned and used for LI or HI purposes. (B) If PeFFS itted, Ornamental fences may bei„�JII„ Wiwi „ i rrWiitted in a front yard in residentially zoned areas. i .� isjuiriu I as ain wNr1Giwrww OF . wrr�i� ... .w i� �� . Ornamental fences include such things as split rail, picket, decorated metal, and brick fences, but not such things as chain-link, wire, or other similar fences. (C) In residentially zoned areas, no fence over forty-two (42") inches in height above the average grade of the yard shall be permitted from the front building line to the street right-of-way line. (D) In residentially zoned areas, all front yard fences shall have a minimum of fifty (50) percent open area for passage of air and light. Page 4 of 11 (E) _0iin c rlmt r i t wwith two stu )et lnwnl ages, or i stue l and ain �,N 'ii �wwmn�w, Jlllll � � Ill�� it...� iii �� nce W°idllll be 4 oiirstr cle��nuiiiin ��l�m �.. w� S�l (2) Side yard fence re - uirements. Fences may be constructed to a maximum height of eight (8) feet on any side property line up to the building line of the principal structure. (3) Rear yardJence,reguirements. Fences may be constructed to a maximum height of eight (8) feet on the rear property line up to the building line of the principal structure. (4) Corner lot fence requirements, areas used or zoned for residential purposes. (A) On all corner lots in residential districts which have opposing rear lot lines, whether directly or across an alley, fences may be constructed to a maximum height of eight (8) feet along the side and rear yard lines. (5) Fences adjacent to subdivision screening wall. No fence adjacent to a required subdivision screening wall, whether parallel or perpendicular to the wall, may be constructed higher than the height of the subdivision screening wall unless granted a variance by the board of adjustment. (6) Tennis court fences. Fences around tennis courts, regardless of the district in which they are located, may be constructed to a maximum height of twelve (12) feet. Such fences shall be chain-link or other open -view material so as to minimize the visual impact of the fence. Fence arms shall not be allowed on tennis court fences. (c) Other fence standards. (1) Every fenced enclosure constructed under the provisions of this article shall have at least one (1) gate in its perimeter. (2) In the event subdivision regulations, deed restrictions, or other restrictive covenants regulate fence height, location or construction, the more restrictive regulations shall apply. (3) For all fences, the installing ::[!y ME construct a privacy fence with the post side facing either the installing party's property or the opposite direction. except when the fence is facing adjaGen"pewfies Or the public right-of-way, park, school, or other public area. (Ordinance 2008-008, sec. 2, adopted 3/24/08; 1988 Code, sec. 11.5-3) Sec. 4.11.004 Prohibited conditions The following shall be prohibited: (1) No fence shall be constructed on or in that portion of any corner lot which is . mt triangle on the street corner of the lot �l�t�����nm�������4�° includedm a ..�.lw�..l'::....:, g .. l 20,l.....:i t #or;.. the 6#6et GGFROF The city engineer may require additional sight Page 5 of 11 distances to be maintained where specific conditions render such provisions necessary to provide for the public health and safety. (2) No fence shall be constructed within any drainage easement in the corporate limits of the city or the ETJ unless the city engineer shall have first determined and advised the chief building official, in writing, that he believes such fence shall, in all probability, not interfere with or impair the natural flow of water across the drainage easement. (3) No fence shall be constructed on a vacant lot beyond the average front setback line of adjacent structures within the same block. (4) Fences, guy wires, braces or structural members of any fence constructed upon or protruding over property over which the city or the general public has dominion and control, owns or has an easement over, under, around or through, except upon utility easements which are permitted to be fenced as provided herein. (5) Spikes, nails, barbed wire, razor wire, or other sharp pointed instruments affixed, placed upon, or allowed to exist in any manner attached to a fence or part of a fence except as specifically allowed herein. (6) Any fence installation, addition or improvement utilizing electricity or electrical components except as specifically allowed herein. (7) Fences which deny access to, or the visibility of, fire hydrants, water meter wells, or other utility metering devices. (8) Fences which illegally restrict visibility for vehicular or pedestrian traffic as detern°�aned i::..wh Ci WEniiia w ih°:, ment arv:M "m Unity � ii'n ra pt (9) Damaged or unstable fences if the condition of the fence is a hazard to the health, safety, and/or welfare of the general public. (10) Fences consisting of broken concrete, hadite or cinderblock, or other unauthorized materials to be stacked in piles or rows. (11) Fences or living screen hedges so constructed or planted that disrupt or divert the natural flow of water or drainage. (12) Fences or hedges erected or installed except as allowed herein. (Ordinance 2008-008, sec. 2, adopted 3/24/08; 1988 Code, sec. 11.5-4) Sec. 4.11.005 Permit and inspection (a) Permits. (1) Required. It shall be unlawful for any person to install or cause to be installed or to permit any person to install a fence, or to make any alterations, additions, or Page 6 of 11 changes to a fence �f[:..�f...�wwu ulf lug rmrm � m� fllml� _see n.(2'" ��" :�. r illllmp��il� � �Ill� iu�m��� a ili°wfl�,m emu mil 11��mmlwi� µ �imml illi m��Ii�mu�mmuim���IR i(�li i�illIII�(j�"'�ullIIIIIbwll without 9 p P g .A��.., first having procured a permit to do so from the Chief Building Official. Ilf(wwfl� wmewwll"�elle. M.ol" 1 Miirmwsst . ...Ilw..�lllwlll mul m "u 1 m�� a wW Cpl � w 111 it m IC i� ll'� IIIw Ill mw�^_ st fill liI n H to w(pm l m m f lm_2 g�Eft d III �� :... IIm V ( iince o�wwlll�w�w �aiirle ��ll1owed �iui coiii f Mfr miw(��( allies �m��w u� � wulw� ..wwifl1iiw�milwwt a pm�u�m�l muii II Um event fl'mil ,, wm.11m 11 immf lig immliifli�lmry Ilya flllmm;m liif 2u ulm 6ved ucmTourmfim.u� �� .i'�;rvmmmm s t °;n� 1 „„ :���m� effective ip�. wa:.... .. .,�� it �. ° is .., q pi::m, m �.mm ���.fur��m ���� ffimul m�uum�u m mf iuwulumnmuwpmlii ��.��� m l -m�rl .mlt flllll��� iW��.��ml ��.- Staff.................. ...w� ! IIIIJ n spm , im� I�mm I II ��_.. �.Im � f muiul��. ilii mm u�l �fll�mu..f.....pi.._.�. of w.._. _ w.� mlum°m�nllnilmm�Il m ... m�vm �mm�m... m.m.l..lu�mm.mm � mmmi I IIIm �u g� m�wIl�m llr m�ur IIIA sulm Ilmlf who mu �immmf µmi fim f ul�lm sIIIr wllllll � e " stai idaii-idsa dmfmm mnlllm maflllll m iiI llf"IDadato °f°Illetl meIII a Aoklfiomi of ffiese..stan&aii i f ry m f µiiind worm m m im .. ummmm ,,. wwum :ff... m 11 mwmd.�l�m Ill w :,.illlilii .g �llwmmf�� lY ��� (eiiiice owner accoric, l inc to flIie ado ts einforg;en lu �u t f I "�iiri°f�,� Texas. s. (2) Fee. The fee for the p fer1 e permit, 'jiI required by this section, shall be as set forth in the fee schedule in0;� pgm 1 j x A, of this code and shall be paid prior to the issuance of the permit. (3) Plot plan. The Chief Building Official shall require a plot plan showing the lot size, all improvements on the lot, and the proposed location of the fence to be constructed, lif a permit aiiuil Ili ii°„ this section. The plot plan need not meet the requirements of a plat; however, it shall contain sufficient information to allow the Chief Building Official to provide an adequate review of the application. (4) Fence plans. The Chief Building Official shall require detailed plans for all fences ! rvpIgN!rg fg pg� ,' i t. The Chief Building Official, or Ns designee may require conditions or revisions 44e deemed appropriate to achieve the intent of this article. The plans may include manufacturer specificationsr uc'IuW � ii',iqi� 11Iodllll m lli in, and installation instructions, so long as the information provided to the chief building official is sufficient to provide an adequate review of the application. (b) Inspection required. (1) When any fence for which a permit has been issued under this division is completed, it must be inspected by the chief building official or his designee for compliance with this article and applicable construction codes. The chief building official's office shall be notified upon completion of the fence. (2) The chief building official will certify acceptance if the fence complies with the provisions of this article or reject the fence if it does not so comply. (3) The owner of the property shall be required to remove any noncompliant fence or replace it with a fence that does comply, (c) Responsibilities of permit applicant. Page 7 of 11 (1) Fence g gy p „ m rrrru a ppm are responsible for the determination and location of easements, rights-of-way, and utilities prior toliiii w,www ;wwlllwlllww;w�wli'w ii �: f a fence and [2,,r -construction of fences. (2) Fence ap{!34wGaRtS shall be responsible for researching and complying with all private deed restrictions or private subdivision requirements. (Ordinance 2008-008, sec. 2, adopted 3/24108; 1988 Code, sec. 11.5-5; Ordinance adopting 2021 Code) Sec. 4.11.006 Screening devices (a) When w1'2„gg,iiii„p j ed. Screening devices as described in this section may be a,llllowwJ p effn:itteld....in areas used for light industrial and heavy industrial activities. (b) When rewired. All wrecking yards, junkyards, salvage yards, landfills, demolition businesses, recycling businesses and automotive repair businesses which frequently store inoperative, wrecked, or dismantled vehicles due to abandonment by owner or for use in obtaining parts shall be fenced on all sides and shall be screened from view from the public right-of-way and from adjacent property; provided, however, a screening device as described in subsection (c)(2) herein shall not be permitted on property that is directly adjacent to or within 100 feet of an area zoned or used for residential purposes. (c) Materials. (1) A p rn:fli:lted.. iiimid....flpill"....j,'22 �a screening device equfi"ed to ' orri tru.ucie t he At .1-ast eight (8) feet in height and be constructed of wood, stone, masonry, brick, decorative concrete block, or other permanent material, have a completely solid area with no openings, and be permanently maintained. (2) A required screening device may be constructed of metal "R” wall panels mounted vertically, with a finished top cap of the same color as the fence panels; provided, however, metal "R” wall panels may not be used for screening or fencing within one hundred (100) feet of a residential zoning district or property used for residential purposes. (3) A landscaped strip or an earthen berm planted with trees or shrubs (living screen), including a minimum of eighty (80) percent non -deciduous trees or shrubs that will achieve sight and noise obstruction, may be provided as a screening device as an alternative to traditional fencing if approved by the board of adjustment. If a living screen is approved, the plant materials must be a minimum of six (6) feet in height at time of planting. (4) A combination of subsections (c)(2) and (3) may be provided as a screening device as an alternative to fencing or landscaping alone if approved by the board of adjustment. If a combination is approved, the screening and plant materials combined must be a minimum of eight (8) feet in height at time of installation and planting. (5) Alternate equivalent screening if approved by the board of adjustment. Page 8 of 11 (d) Standards for screening. (1) All required screening devices shall be constructed so that the finished side (good side) of the screening device faces the public or adjacent property. Any screening device constructed of a material other than stone, brick, or decorative concrete block shall be finished in a bronze or dark earth -tone color. (2) All openings in the surface of a screening device for passage shall be equipped with locking gates equal in height and screening characteristics specified above but need not be of the same material as the main fence or wall so long as the material is complementary in nature thereto. (3) All outdoor storage shall be stored inside the screening device and no junk or salvage materials may be piled against the exterior of the screening device or stacked higher on the inside of the screening device than the height of the screening device. (4) Prior to the issuance of an occupancy permit, all approved screening devices must be in place and approved by the Chief Building Official, authorized designee. (5) All screening devices shall be permanently and continually maintained in a neat and orderly manner as a condition of use. The Chief Building Official may suspend or revoke a certificate of occupancy for a property if the owner or tenant of the property fails to adequately maintain a screening device. (e) Variances. A variance to the requirements of this section may be granted by the board of adjustment in accordance with the procedure established by this article. (Ordinance 2008-008, sec. 2, adopted 3/24/08; 1988 Code, sec. 11.5-6) Sec. 4.11.007 Construction and maintenance standards (a) Every fence shall be constructed in a substantial, workmanlike manner and of material reasonably suited for the purpose for which the fence is proposed to be used. Every fence shall be properly maintained in such condition as to not become or remain in a condition of disrepair or danger or constitute a hazard, eyesore, or public or private nuisance. (b) If the fence is located along a boundary between two (2) properties, both sides shall be maintained by the owner(s) of the fence, � ���Ub[g2 Ig d rfttef re,ementbmi�w len,wV) i 2 � � ; N'11 rs' (c) If a fence is erected off the common lot line, the property owner on whose property the fence is erected shall be responsible for maintaining the space between the fence and the lot line. (d) Every fence, wall, or hedge shall be maintained in a good and safe condition at all times. Every damaged, dead, or missing element of any fence, wall, or hedge shall be repaired, removed, or replaced immediately as provided herein. (Ordinance 2008-008, sec. 2, adopted 3/24/08; 1988 Code, sec. 11.5-7) Page 9 of 11 Sec. 4.11.008 Nonconforming fences (a) Authority to continue. Except as provided below in subsection (e), any nonconforming fence may be continued so long as it remains otherwise lawful, subject to the regulations of this section. (b) Ordinary repair and maintenance. Normal maintenance and incidental repair may be performed on any nonconforming fence or wall; provided, however, that any repair shall, whenever possible, eliminate or reduce any nonconformity in the element being repaired, and provided further, however, that this shall not be deemed to authorize any violation of this section. (c) Alteration, enlargement or moving. A nonconforming fence shall not be changed or altered in any manner that would increase the degree of its nonconformity, be enlarged or expanded, be structurally altered to prolong its useful life, or be moved in whole or in part to any other location where it would remain nonconforming. (d) Change of fence. A nonconforming fence that has been changed to eliminate its nonconformity or any element of its nonconformity shall not thereafter be changed to restore such nonconformity or nonconforming element. (e) Damage or destruction. Any nonconforming fence (or any nonconforming element of a fence capable of change or discontinuance separate from other elements of the fence) which has suffered damage, deterioration or destruction to thirty-five (35) percent or more of its total surface area shall be removed or brought into conformity with the provisions of this article. (f) Termination of certain nonconforming fences. The following nonconforming fences, walls or screening devices shall be removed or modified to comply with the provisions of this article within thirty (30) days of the effective date of this article to eliminate every nonconformity: (1) Barbed wire and electrical fences. All nonconforming barbed wire fences and nonconforming electrical fences located in residentially zoned areas or located on property used for residential purposes, excepting fences located on agricultural zoned property as otherwise permitted herein for agricultural purposes. (2) Dilapidated fences or walls. Each nonconforming fence that is dilapidated or deteriorated to the extent that the replacement of more than thirty-five (35) percent of the fence is required. (3) Fences dangerous to public health safety -.,and welfare. Every nonconforming fence or hedge that poses a threat to the health, safety, or welfare of any person or to the general public. (Ordinance 2008-008, sec. 2, adopted 3/24/08; 1988 Code, sec. 11.5-8) Sec. 4.11.009 Abatement of violations by city The procedure for the removal of fences determined by code inspectors to be in violation of this article shall be the procedure adopted for the removal of substandard structures found in arfi ° ,,03 of this chapter. (Ordinance 2008-008, sec. 2, adopted 3/24/08; 1988 Code, sec. 11.5-9) Page 10 of 11 Sec.4.11.010 Variances (a) The procedure for seeking a variance to these fencing regulations shall be the procedure established for variances in section 16 of the zoning ordinance. (b) A variance may be granted to these regulations if the board of adjustment finds that all of the following conditions apply: (1) Unique circumstances exist on the property that make application of specific requirements in this article unduly burdensome on the applicant; (2) The variance will have no adverse impact on current or future development; (3) The variance is in keeping with the spirit of the these regulations and will have a minimal impact, if any, on the surrounding land uses; (4) The variance will have no adverse impact on the public health, safety, and general welfare; and (5) A financial hardship shall not be considered sufficient grounds for the granting of a variance. Page 11 of 11