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HomeMy WebLinkAboutOrd 368-2008 Repeal and Replace Ord. No. 2001-06 Screening Regulation.pdfCITY OF ANNA, TEXAS ORDINANCE NO. 368-2008 AN ORDINANCE OF THE CITY OF ANNA TO REPEAL AND REPLACE ORDINANCE NO. 2001-06 AND TO ADOPT AN ORDINANCE WITH NEW CRITERIA FOR SCREENING WITHIN THE CITY OF ANNA REGARDING SCREENING REGULATIONS INCLUDING REGULATIONS ON SPECIFICATIONS ON SCREENING FOR RESIDENTIAL DISTRICT, SCREENING BETWEEN RESIDENTIAL AND NON-RESIDENTIAL DISTRICTS, SCREENING ALONG ROADWAY PERIMETERS, SCREENING OF SOLID WASTE CONTAINERS, OUTDOOR STORAGE, SCREENING BETWEEN SINGLE FAMILY AND MULTIFAMILY RESIDENTIAL DISTRICTS, SCREENING OF WRECKING/SALVAGE YARDS, SCREENING OF LOADING DOCKS AND BAYS, SCREENING OF HEATING AND AIR CONDITIONING EQUIPMENT ASSOCIATED WITH MULTI -FAMILY AND NOW RESIDENTIAL USES AND SCREENING OF VEHICLES AWAITING REPAIR UNDER CERTAIN CONDITIONS AT SERVICE FACILITIES AND TO REPEAL AND REPLACE CERTAIN SECTIONS OF THE CITY OF ANNA ZONING ORDINANCE (NO.116-2003) RELATING TO SAID SCREENING REGULATIONS. WHEREAS, certain conditions have been found to exist in the community that contribute to diminution of property values, diminish the quality of fife of the residents of the community, and endanger the health, safety and welfare 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 fife for residents of the city, now therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT Section 1. Ordinance 2001A6 Repealed Upon the effective date of this ordinance, City of Anna, Texas Ordinance No. 2001-06 is repealed in its entirety. Section 2. Description of Required Screening Devices (a) A screening device required under this ordinance must meet the following minimum requirements and be measured from the average grade of the property: 1. Minimum height of screening device: Ord. No. 368-2008 Repeal Ord. 2001-06 Screening Regulations 1 02-26-08 a. Garbage, trash or refuse container screening: TO" b. Screening of outdoor storage: 8'0" C. Multi -Family and Industrial districts: 8'0" d. All other required screening: 67 e. Where a screening device is constructed, placed or planted on uneven terrain there shall be no gap under the device, and the device must be composed of the same material throughout. 2. Maximum height of screening device excluding barbed wire strands: a. Screening of outdoor storage: 8'0" b. Industrial districts and industrial "PD" districts: 8'0" C, All other districts: 8'0" 3. Materials options for nonresidential areas: a. Brick masonry, stone masonry, or other architectural masonry finish. (No thin-wall masonry allowed; 'thin wall" is defined as any wall 6" or less in width); b. Tubular steel (primed and painted) or wrought iron fence with masonry columns spaced a maximum of 20' on center with structural supports spaced every 10', and with sufficient evergreen landscaping to create a screening effect; C. Living plant screen (only upon approval by the Planning and Zoning Commission through the site plan process); or, d. Alternate equivalent screening (only 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 must 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 at time of planting. (e) Prior to the issuance of an occupancy permit, all approved screening devices must be in place. Ord. No. 368-2008 Repeal Ord. 2001A6 Screening Regulations 2 02-26-08 (f) All screening devices must 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 3: Applicability (a) Screening devices must be placed and maintained in the following locations: (1) 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. (2) 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. (b) 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 below the top of the screening device or visual barrier. (c) 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. (d) 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. Bays in any business/commercial "PD" — Planned Development shall be oriented away from the street frontage. (e) 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. (f) 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 (g) 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. Ord. No. 368-2008 Repeal Ord. 2001A6 Screening Regulations 3 02-26-08 (h) At motor vehicle service or repair facilities, vehicles awaiting repair for more than twenty- four hours or after the close of business shall be screened from view from public right-of- way and from adjacent residential property. Section 4. Repeal and reIaceladd with the same reference number the followin sections in Zonina Ordinance Number 116-2003 13.7. Refuse Facilities Every dwelling unit in a multifamily complex shall be located within two hundred fifty (250) feet of a refuse facility; measured along the designated pedestrian and vehicular travel way. There shall be available at all times at least six (6) cubic yards of refuse container per thirty (30) multifamily dwelling units. For complexes with less than thirty (30) units, no less than four (4) cubic yards of refuse container shall be provided. Each refuse facility shall be screened from view on three (3) sides from persons standing at ground level on the site or immediately adjoining property, by a or wall of masonry not less than seven (7) feet nor more than eight (8) feet in height or by an enclosure within a building. Refuse containers shall be provided and maintained in a manner to satisfy city public health and sanitary regulations. Each refuse facility shall be located so as to provide safe and convenient pickup by refuse collection agencies. 13.8. Screening Fence Border fencing of masonry construction of not less than eight (8) feet in height shall be installed by the builder at the time of construction of any multifamily complex, along the property line on any perimeter not abutting a public street or right-of-way. This fence shall be maintained throughout the existence of the multifamily complex by the owner of the complex. 14.7. Refuse Facilities Every dwelling unit in a multifamily complex shall be located within two hundred fifty (250) feet of a refuse facility; measured along the designated pedestrian and vehicular travel way. There shall be available at all times at least six (6) cubic yards of refuse container per thirty (30) multifamily dwelling units. For complexes with less than thirty (30) units, no less than four (4) cubic yards of refuse container shall be provided. Each refuse facility shall be screened from view on three (3) sides from persons standing at ground level on the site or immediately adjoining property, by a wall of masonry not less than seven (7) feet nor more than eight (8) feet in height or by an enclosure within a building. Refuse containers shall be provided and maintained in a manner to satisfy city public health and sanitary regulations. Each refuse facility shall be located so as to provide safe and convenient pickup by refuse collection agencies. 14.8. Screening Fence Border fencing of masonry construction of not less than eight (8) feet in height shall be installed by the builder at the time of construction of any multifamily complex, along the property line on any perimeter not abutting a public street or right-of-way. This fence Ord. No. 368-2008 Repeal Ord. 2001-06 Screening Regulations 4 02-26-08 shall be maintained throughout the existence of the multifamily complex by the owner of the complex. 15.4. Height and Area Regulations See Appendix 1, Area, Setback, Height, and Coverage Regulations The front yard setback shall be forty-five (45) feet where parking is allowed in front of the building. Accessory buildings shall have a sixty (60) foot front yard setback. No side yard is required between adjacent non -residentially zoned lots except that a side yard of not less than fifteen (15) feet in width shall be provided on the side of a lot adjoining a residential district even when separated by an alley. When adjacent to a residential district, even when separated by an alley, no windows shall be permitted above ten (10) feet on the building sides facing such residential district. In addition, a masonry wall having a minimum height of six (6) feet above the average grade of the residential property shall be constructed on the non-residential property adjacent to the common side property line. (see section 22.11.15.7) No rear yard is required between adjacent non -residentially zoned lots. A rear yard of not less than twenty-five (25) feet is required where the lot is adjacent to a street or alley. A rear yard of not less than twenty-five (25) feet or twenty (20) percent of the depth of the lot, whichever is lesser, shall be provided upon that portion of a lot abutting a residential district. No building shall exceed the specified height, except cooling towers, roof gables, chimneys, vent stacks, or mechanical equipment rooms, which may project not more than twelve (12) feet beyond maximum building height. 15.7.3. When a non -residentially zoned lot or tract abuts upon a zoning district boundary line dividing that lot or tract from a residentially zoned lot or tract, a minimum side yard of ten (10) feet shall be provided on the non-residential property. A masonry wall having a minimum height of six (6) feet above the average grade of the residential property shall be constructed on non-residential property adjacent to the common side or rear property line. 15A.4. Height and Area Regulations See Appendix 1, Area, Setback, Height, and Coverage Regulations. The front yard setback shall be forty-five (45) feet where parking is allowed in front of the building. Accessory buildings shall have a sixty (60) foot front yard setback. No side yard is required between adjacent non -residentially zoned lots except that a side yard of not less than fifteen (15) feet in width shall be provided on the side of a lot adjoining a residential district even when separated by an alley. When adjacent to a residential district, even when separated by an alley, no windows shall be permitted above ten (10) feet on the building sides facing such residential district. In addition, a masonry wall having a minimum height of six (6) feet above the average grade of the residential property shall be constructed on the non-residential property adjacent to the common side property line. (see section 22.11.15.7) Ord. No. 368-2008 Repeal Ord. 2001-06 Screening Regulations 5 02-26-08 No rear yard is required between adjacent non -residentially zoned lots. A rear yard of not less than twenty-five (25) feet is required where the lot is adjacent to a street or alley. A rear yard of not less than twenty-five (25) feet or twenty (20) percent of the depth of the lot, whichever is lesser, shall be provided upon that portion of a lot abutting a residential district. No building shall exceed the specified height, except cooling towers, roof gables, chimneys, vent stacks, or mechanical equipment rooms, which may project not more than twelve (12) feet beyond maximum building height. 15A.7.3. When a non -residentially zoned lot or tract abuts upon a zoning district boundary line dividing that lot or tract from a residentially zoned lot or tract, a minimum side yard of ten It 0) feet shall be provided on the non-residential property. A masonry wall having a minimum height of six (6) feet above the average grade of the residential property shall be constructed on non-residential property adjacent to the common side or rear property line. (see section 22.11.15.7) 16A.4. Height and Area Regulations See Appendix 1, Area, Setback, Height, and Coverage Regulations The front yard setback shall be forty-five (45) feet where parking is allowed in front of the building. Accessory buildings shall have a sixty (60) foot front yard setback. No side yard is required between adjacent non -residentially zoned lots except that a side yard of not less than fifteen (15) feet in width shall be provided on the side of a lot adjoining a residential district even when separated by an alley. When adjacent to a residential district, even when separated by an alley, no windows shall be permitted above ten (10) feet on the building sides facing such residential district. In addition, a masonry wall having a minimum height of six (6) feet above the average grade of the residential property shall be constructed on the non-residential property adjacent to the common side property line. (see section 22.11.15.7) No rear yard is required between adjacent non -residentially zoned lots. A rear yard of not less than twenty-five (25) feet is required where the lot is adjacent to a street or alley. A rear yard of not less than twenty-five (25) feet or twenty (20) percent of the depth of the lot, whichever is lesser, shall be provided upon that portion of a lot abutting a residential district. No building shall exceed the specified height, except cooling towers, roof gables, chimneys, vent stacks, or mechanical equipment rooms, which may project not more than twelve (12) feet beyond maximum building height. 16A.8. Miscellaneous Provisions When a non -residentially zoned lot or tract abuts upon a zoning district boundary line dividing that lot or tract from a residentially zoned lot or tract, a minimum side yard of ten (10) feet shall be provided on the non-residential property. A masonry wall having a minimum height of six (6) feet above the average grade of the residential property shall Ord. No, 368-2008 Repeal Ord. 2001-06 Screening Regulations 6 02-26-08 be constructed on non-residential property adjacent to the common side or rear property line. (see section 22.11.15.7) 16B.4 Height and Area Regulations See Appendix 1, Area, Setback, Height, and Coverage Regulations The front yard setback shall be forty-five (45) feet where parking is allowed in front of the building. Accessory buildings shall have a sixty (60) foot front yard setback. No side yard is required between adjacent non -residentially zoned lots except that a side yard of not less than fifteen (15) feet in width shall be provided on the side of a lot adjoining a residential district even when separated by an alley. When adjacent to a residential district, even when separated by an alley, no windows shall be permitted above ten (10) feet on the building sides facing such residential district. In addition, a masonry wall having a minimum height of six (6) feet above the average grade of the residential property shall be constructed on the non-residential property adjacent to the common side property line. (see section 22.11.15.7) No rear yard is required between adjacent non -residentially zoned lots. A rear yard of not less than twenty-five (25) feet is required where the lot is adjacent to a street or alley. A rear yard of not less than twenty-five (25) feet or twenty (20) percent of the depth of the lot, whichever is lesser, shall be provided upon that portion of a lot abutting a residential district. No building shall exceed the specified height, except cooling towers, roof gables, chimneys, vent stacks, or mechanical equipment rooms, which may project not more than twelve (12) feet beyond maximum building height. 16B.8.5. When a non -residentially zoned lot or tract abuts upon a zoning district boundary line dividing that lot or tract from a residentially zoned lot or tract, a minimum side yard of ten (10) feet shall be provided on the non-residential property. A masonry wall having a minimum height of six (6) feet above the average grade of the residential property shall be constructed on non-residential property adjacent to the common side or rear property line. (see section 22.11.15.7) 16CA Height and Area Regulations See Appendix 1, Area, Setback, Height, and Coverage Regulations. The front yard setback shall be forty-five (45) feet where parking is allowed in front of the building. Accessory buildings shall have a sixty (60) foot front yard setback. No side yard is required between adjacent non -residentially zoned lots except that a side yard of not less than fifteen If 5) feet in width shall be provided on the side of a lot adjoining a residential district even when separated by an alley. When adjacent to a residential district, even when separated by an alley, no windows shall be permitted above ten (10) feet on the building sides facing such residential district. In addition, a masonry wall having a minimum height of six (6) feet above the average grade of the residential property shall be constructed on the non-residential property adjacent to the common side property line. (see section 22.11.15.7) Ord. No. 368 2008 Repeal Ord. 2001-06 Screening Regulations 7 02-26-08 No rear yard is required between adjacent non -residentially zoned lots. A rear yard of not less than twenty-five (25) feet is required where the lot is adjacent to a street or alley. A rear yard of not less than twenty-five (25) feet or twenty (20) percent of the depth of the lot, whichever is lesser, shall be provided upon that portion of a lot abutting a residential district. No building shall exceed the specified height, except cooling towers, roof gables, chimneys, vent stacks, or mechanical equipment rooms, which may project not more than twelve (12) feet beyond maximum building height. 16C.8. Miscellaneous Provisions When a non -residentially zoned lot or tract abuts upon a zoning district boundary line dividing that lot or tract from a residentially zoned lot or tract, a minimum side yard of ten (10) feet shall be provided on the non-residential property. A masonry wall having a minimum height of six (6) feet above the average grade of the residential property shall be constructed on non-residential property adjacent to the common side or rear property line. 17.2. General Regulations (2) All storage within one hundred feet (100) of a residence district, except for motor vehicles in operable conditions, shall be within completely enclosed buildings or effectively screened with screening not less than eight feet (8) nor more than ten feet (10) in height, provided no storage located within fifty feet (50) of such screening shall exceed the maximum height of such screen. 17.7. Miscellaneous Provisions When a non -residentially zoned lot or tract abuts upon a zoning district boundary line dividing that lot or tract from a residentially zoned lot or tract, a minimum side yard of ten (10) feet shall be provided on the non-residential property. A masonry wall having a minimum height of eight (8) feet above the average grade of the residential property shall be constructed on non-residential property adjacent to the common side or rear property line. 18.7. Miscellaneous Provisions A masonry wall having a minimum height of eight (8) feet above the average grade of the residential property shall be constructed on non-residential property adjacent to the common side or rear property line. (see section 22.11.15.7) Ord. No. 368-2008 Repeal Ord. 2001-06 Screening Regulations 8 02-26-08 22.11. Screening Elements and Fences In order to provide maximum safety to pedestrians and motorists at intersections and at ingress and egress points from public streets, highways, and alleys to private property; to conserve and protect the value of adjacent land and buildings; to protect aesthetic views and vistas; to secure hazardous areas from unauthorized entry; to contain livestock and other agricultural activities; and to screen and protect permitted outside materials storage areas, the following regulations are prescribed for the location, type, and height of regulated required and non -required screening elements and fences. The terms "screening element' and "fence" as used herein is defined in Section 4. 22.11.1. Solid fences shall not be allowed in the required front yard in any district. 22.11.2. No fence shall exceed three feet (3') height in the required front yard in any district. 22.11.3. No fence shall be allowed in the required right of way. 22.11.4. Reserved for future 22.11.5. Fences shall be constructed and be consistent with buildings and fences in the area. 22.11.6. In residential areas, barbed wire, razor wire, electrified fencing or other hazardous material shall not be allowed in the construction of fencing. 22.11.7. No fence constructed in such a manner that it may conduct electrical current may be allowed in any but an agricultural zoning district. 22.11.8. In no event shall barbed wire be permitted, except on arms in industrial zoning districts. Ord. No. 3684008 Repeal Ord, 2001.06 Screening Regulations 9 02-2"8 22.11.9. Corner lots. 22.11.9.1. On all corner lots in residential districts which have opposing rear lot lines, fences may be constructed not to exceed 80 inches in height along the side and rear yard lines, as indicated in Figure 1 attached hereto and made a part of this section. FIGURE 1 FFNr F STREET I— LOT LOT UJ w a: N LOT LOT LOT I LOT 22.11.9.2. On all corner lots in residential districts where the rear lot line is opposed to a side lot line across an alley from such side lot line, no fence exceeding 30 inches in height shall be constructed upon or within the side yard which is next to the street at a distance from the side building line greater than the minimum side yard requirement, as indicated in Figure 2 attached hereto and made a part of this section. 30" MAX. FENCE HT. WITHIN THIS AREA FIGURE 2 DE BUILDING NE LOT > J J LOT Ia STREET Ord. No. 368-2008 Repeal Ord. 2001-06 Screening Regulations 10 02-26-08 22.11.9.3. On all corner lots in residential districts where the rear lot line is opposed to a side lot line of an adjoining lot, no fence exceeding 30 inches in height shall be constructed between the side of the building line and the side yard line which is next to the street, as indicated in Figure 3 attached hereto and made a part of this section. FIGURE 3 30" MAX. FENCE HT. WITHIN THIS AREA W ELI LOl LOT STREET .DING LINE ILERONT BU LDING LINE LOT LOT LOT 22.11.9.4. No fence shall be constructed in the triangle formed by measuring 20 feet back from the intersection of two streets or 15 feet back from the intersection of a street and an alley as illustrated in Figure 4 attached hereto and made a part of this section. FIGURE 4 STREET -01120' l+-...... __0_115*n15`,,,.. 20' oPli H LOT 0 FENCE w ( J LOT LOT LOT a 22.11.9.5. On a comer lot in any district, nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede the vision or in any way create a traffic hazard to motorists entering or exiting any public highway, street, alley, or private street or driveway from or to adjacent private property. Ord. No. 368-2008 Repeal Ord. 2001-06 Screening Regulations 11 02-26-08 22.11.9.6. On an interior lot in any district, nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede the vision or in any way create a traffic hazard to motorists entering or exiting any public highway, street, alley, or private street or driveway from or to adjacent private property. 22.11.10. Every fenced enclosure constructed under the provisions of this ordinance shall have at least one gate in its perimeter. 22.11.11. All fences constructed under the provisions of this ordinance shall be maintained so as to comply with the requirements of this ordinance at all times. The chief building official may order the repair or removal of a fence if it is more than five percent damaged or leaning ten degrees from vertical. Fences shall be repaired in compliance with the provisions of this ordinance. 22.11.12. No fence, plant, building or other structure shall be located or illuminated in such a manner as to obscure or otherwise interfere with the effectiveness of an official traffic sign, signal or device or so as to obstruct or interfere with the sight lines for traffic of a driver of any approaching, emerging or intersecting traffic or so as to prevent any traveler on any street in use by the public from obtaining a clear view of approaching vehicles for a distance of one hundred and fifty (150) feet along a street in use by the public. 22.11.13.A masonry wall having a minimum height of six (6) feet above the average grade of the residential property shall be constructed on non-residential property adjacent to the common side or rear property line. (see section 22.11.15.7) 22.11.14. No fence in a residential district shall exceed eight feet (8') in height, measured from the adjacent grade line. 22.11.15. Residential Districts -General 22.11.15.1. Screening elements and fences shall be restricted to a maximum height of eight feet (8'), measured from the adjacent grade line, except as otherwise allowed. (see section 22.11.15.7) 22.11.15.2. Nonresidential uses in a residential district shall be suitably screened from view, to a height not less than six feet (6') of any adjacent residential lot or dwelling use along the side and rear property lines of such nonresidential use. Said screening requirements shall not be mandatory for public schools, parks or churches, except where a parking lot or active outdoor intensive use area (such as a playground) is adjacent to a residential lot or dwelling. Off-street loading areas of any nonresidential use shall be screened from view of any residential dwelling or lot or of any other adjacent public or semi-public land use. 22.11.15.3. Where a multi -family use abuts a one or two family district, the side and rear property lines of said multi -family or district shall be suitably screened from Ord. No. 368-2008 Repeal Ord. 2001-06 Screening Regulations 12 02-26-08 view, to a height not less than eight (8) of any adjacent dissimilar residential dwelling or lot. 22.11.15.4. Garbage, refuse, and trash collection/storage areas in any multi -family development or other nonresidential use permitted in a residential district shall be enclosed on at least three (3) sides, by a dense screening element to adequately screen such area from view of the surrounding area. 22.11.15.5. No screening element or fence shall be erected, placed, or planted beyond the front building line of any permitted building in a residential district, either on a corner lot or interior lot, unless otherwise allowed by the city council. 22.11.15.6. No screening element comprised of brick, masonry, concrete, or solid metal shall- be erected or placed which would interfere with the installation or maintenance of any public utility line, service, or drainage way, within the easements reserved therefore. 22.11.15.7. Residential fencing requirements: Minimum fence height of 6' from average lot grade with a maximum height of 8'. I TREU ROA YARD HEIGHT MX. HT OFV ,,. -FENCE v0' J — � — `- PROPERTY RETAININGWALL f --60' -- LINE FAN 4 Mic a KA illp! -.70 -1 d Materials: Treated lumber attached with galvanized screws to 3-1/2". Diameter galvanized poles installed in an 8" diameter holes no less than 2-1/2 feet deep in 2' of premixed concrete. All posts shall have caps. Brick, stone, masonry, vinyl materials or a combination with columns every 8'. Vinyl materials cannot be used in multifamily areas. No thin-wall masonry allowed; "thin wall" is defined as any wall 6" or less in width; Ord. No, 368-2008 Repeal Ord. 2001-06 Screening Regulations 13 02-2608 22.11.16. Nonresidential Districts - General 22.11.16.1. Where a nonresidential use abuts a residential lot, use or district, the side and rear property lines abutting said residential lot, use, or district shall be suitably screened by the nonresidential use so as to obscure the view from the residential lot, use or district to the nonresidential use to a height not less than six feet (6'). 22.11.16.2. Where a district boundary separating a residential district from a nonresident district is along a street or alley, and an automobile parking lot or parking area is located in the front yard of the nonresidential use, then said parking lot or parking area facing the residential lot, use, or district shall be suitably screened to a height of not less than three and one-half feet (3.5). 22.11.16.3. Where garbage, refuse, and trash collection/storage is permitted and the screening thereof is required, then such screening shall be provided around the exposed perimeter thereof of not less than seven (7) feet in height. 22.11.16A. In all districts where open storage is permitted and the screening thereof is required, then such screening shall be provided around the exposed perimeter thereof of not less than eight feet (8) in height. 22.11.16.5. Off-street loading areas shall be adequately screened from view of any residential dwelling or of any other adjacent residential land use. 22.11.16.6. No screening element comprised of brick, masonry, concrete, or solid metal shall be erected or placed which would interfere with the installation or maintenance of any public utility line, service, or drainage way, within the easements reserved therefore. 22.11.16.7. All required screening elements shall be permanently and adequately maintained by the nonresidential property owner. 22.11.17. Barbed Wire Fences 22.11.17.1 Barbed wire fences used in conjunction with permitted agricultural and related activities are permitted without restrictions, but are expressly prohibited in all other districts except as provided below. 22.11.17.2 Barbed wire strands may be placed on top of permitted fences and screening elements in any district for the purpose of security from theft, entry, and hazard around public utility substations and uses of a similar nature, provided the top strand is not higher than twelve (12) nor the bottom strand lower than eight (8) from the adjacent grade line. Ord. No. 368-2008 Repeal Ord. 2001-06 Screening Regulations 14 02-26-08 Section S. Variances A variance from the regulations in this ordinance may be recommended by the Planning and Zoning Commission to the City Council for final approval only if; (a) unique circumstances exist on the property that make application of specific items in this section unduly burdensome on the applicant; (b) the variance will have no adverse impact on current or future development (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; (d) the variance will have no adverse impact on the public health, safety, and general welfare; and (e) a financial hardship shall not be considered a basis for the granting of a variance. Section S. Penalties Any violation of any of the terms of this ordinance, whether herein denominated as unlawful or not, shall be deemed a Class C misdemeanor. Any person convicted of any such violation shall be fined in an amount not to exceed $2,000 for each incidence of violation. Each day of the continuance of such violation shall be considered a separate offense and be punished separately. Section 7. 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 8. Savinos 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 9. 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. Ord. No. 368-2008 Repeal Ord. 20014)6 Screening Reguiation515 02-26-08 PASSED by the City Council of the City of Anna, Texas, by the following votes on this the 26th day of February, 2008. AYE 5 NAY 0 ATTEST: N tha Wilkison, City Secretary O F qN2, ABSTAIN 0 APPROVED: Ord. No. 368-2008 Repeal Ord. 2001-06 Screening Regulations 16 02-26-08