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HomeMy WebLinkAboutOrd 2001-06 Screening Regulations.pdfCITY OF ANNA, TEXAS ORDINANCE NO. o1001 -0(r AN ORDINANCE OF THE CITY OF ANNA ADOPTING SCREENING REGULATIONS, INCLUDING REGULATIONS REGARDING SCREENING OF SOLID WASTE CONTAINERS AND OUTDOOR STORAGE, SCREENING BETWEEN SINGLE FAMILY AND MULTI -FAMILY RESIDENTIAL USES, SCREENING BETWEEN RESIDENTIAL AND NON-RESIDENTIAL USES, SCREENING OF WRECKINGISALVAGE YARDS, SCREENING OF LOADING DOCKS AND BAYS, SCREENING OF HEATING AND AIR CONDITIONING EQUIPMENT ASSOCIATED WITH MULTI -FAMILY AND NON-RESIDENTIAL USES, AND SCREENING OF VEHICLES AWAITING REPAIR UNDER CERTAIN CONDITIONS AT SERVICE FACILITIES; WHEREAS, certain conditions have been found to exist in the community that contribute to diminution of property values and diminish the quality of life of the residents of the community; and WHEREAS, the City of Anna has authority to mitigate such conditions; and WHEREAS, the Planning and Zoning Commission of the City of Anna has reviewed the regulations contained in this ordinance and has unanimously recommended the approval of these regulations; and WHEREAS, the City Council of the City of Anna believes that the adoption and enforcement of these regulations will significantly increase property values and enhance the quality of life for residents of the city, now therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT Section 1. Description of Required Screening Devices (a) A screening device required under this ordinance shall meet the following minimum requirements: Minimum height of screening device: a. Garbage, trash or refuse container screening: 7'0" b. Screening of outdoor storage: 7'0" C. All other required screening: 6'0" Z. Maximum height of screening device: a. Industrial districts and industrial "PD" districts: 10' 0" Page 7 of 4 b. All other districts: 8'4" 3. Materials: a. Brick masonry, stone masonry, or other architectural masonry finish, or, b. Tubular steel (primed and painted) or wrought iron fence with masonry columns spaced a maximum of twenty feet (20') on center with structural supports spaced every ten feet (10'), and with sufficient evergreen landscaping to create a screening effect, or, C. Living plant screen, upon approval by the Planning and Zoning Commission through the site plan process, or, d. Alternate equivalent screening, upon approval by the Planning and Zoning Commission through the site plan process. (b) All required screening devices must be equally finished on both sides. (c) All openings in the surface for passage shall be equipped with gates equal in height and screening characteristics specified above, but need not be of the same material as the main fence or wall. (d) If a living plant screen is approved by the Planning and Zoning Commission, the plant materials must be a minimum of three feet (3') at time of planting. (e) Prior to the issuance of an occupancy permit, all approved screening devices must be in place. (f) All screening devices shall be permanently and continually maintained in a neat and orderly manner as a condition of use. The occupancy permit may be revoked by the Chief Building Official for failure to adequately maintain such screening device. Section 2. Applicability Screening devices shall be placed and maintained in the following locations (a) Along any property line or district boundary between any single family detached or attached or any two-family use and any multiple family, mobile home park, or non- residential use, but not across a dividing street between such uses. An alley shall not be considered a dividing street for purposes of this section. The more intensive use shall have the responsibility for providing and maintaining the screening device. (b) Along any property line or district boundary between any multiple family use and any non-residential use, but not across a dividing street between such uses. An alley shall not be considered a dividing street for purposes of this section. The more intensive use shall have the responsibility for providing and maintaining the screening device. Page 2 of 4 (c) All allowed open storage of materials, equipment, or commodities shall be screened from view from all streets. Materials, equipment, or commodities shall be stacked no higher than one foot (1) below the top of the screening wall or visual barrier. (d) Garbage, trash, or refuse containers shall be screened on all sides. Screening materials shall be masonry and the same color as the exterior walls of the main structure. A solid metal gate shall be provided. Garbage, trash, or refuse containers shall not be located in front of the main building unless no other option is available. Gates shall be kept closed except when in use for access. (e) All wrecking yards, junkyards, or salvage yards shall be fenced on all sides and shall be screened from view from the public right-of-way and from adjacent residential property. (f) Loading docks or structures, bays, bay doors, and loading spaces shall be screened from view from the public right-of-way and from adjacent residential property. Bays in any business/commercial district or business/commercial "PD" - Planned Development shall be oriented away from the street frontage. (g) Display of new vehicles, or used vehicles not defined as junked vehicles under the ordinances of the City of Anna or laws of the State of Texas need not be screened if they are, in the opinion of the Chief Building Official, maintained in a neat and orderly manner. (h) Landscaping standards for parking lots shall also apply to vehicle display lots, except that minimum screening height for vehicle display lots shall be one and one-half feet (1 %2'). (i) Mechanical and heating and air conditioning equipment in non-residential and multi- family uses shall be screened from view from the public right-of-way and from adjacent residential property. (j) At motor vehicle service or repair facilities, vehicles awaiting repair for more than twenty- four (24) hours or after the close of business shall be screened from view from public right-of-way and from adjacent residential property. Section 3. Variances A variance from the regulations in this ordinance may be granted by the Planning and Zoning Commission if the Commission finds that: (a) Unique circumstances exist on the property that make application of specific items in this section unduly burdensome on the applicant, and (b) The variance will have no adverse impact on current or future development, and (c) The variance is in keeping with the spirit of the zoning regulations, and will have a minimal impact, if any, on the surrounding land uses, and (d) The variance will have no adverse impact on the public health, safety, and general welfare, and Page 3 of 4 (e) A financial hardship shall not be considered a basis for the granting of a variance. Section 4. Penalties Any violation of any of the terms of this ordinance, whether herein denominated as unlawful or not, shall be deemed a misdemeanor. Any person convicted of any such violation shall be fined in an amount not to exceed two thousand dollars for each incidence of violation. Each day of the continuance of such violation shall be considered a separate offense and be punished separately. Section 5. Repeal Clause All parts of any ordinance in conflict with the provisions of this ordinance are to the extent of such conflict hereby repealed. Section 6. Savings Clause If any provision of this ordinance shall be held to be invalid or unconstitutional, the remainder of such ordinance shall continue in full force and effect the same as if such invalid or unconstitutional provision had never been a part hereof. Section 7. Effective Date This ordinance shall be effective upon the posting and/or publication of its caption as required by law and the City Secretary is hereby directed to implement such posting and/or publication. PASSE,D, _b�` _th,_e_ �City Council of the City of Anna, Texas, by the following vote on this the L day of ,— , 2001. We r/3 6A AYE 5 - NAY NAY O ABSTAIN 0 ATTEST: City Secretary Page 4 of 4