[Ord. No. 1007 §16-229.01, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §415.020), 9-24-2003]
It is the purpose and intent of this Article to improve the
well-being of the community by the control of fencing and the requiring
of proper screening to enhance visual surroundings by screening out
unsightly views and conditions, to increase the quality of living
by upgrading conditions within the City of Mission, to protect the
residential community by affording a level of privacy and at the same
time establishing better scale and controls to the business and commercial
areas. It is desirable to encourage combinations of elements of appropriate
fencing, land berming and planting barriers and to soften hard transition
areas. It is equally desirable to maintain a high degree of traffic
safety by proper location of screening and fencing so that safety
will remain paramount.
[Ord. No. 1007 §16-229.02, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §415.030), 9-24-2003]
A.
Screening
and fencing is required at the following locations:
1.
Where Districts "C-O" through "M-1" abut a residentially zoned district,
not less than a six (6) feet (6) high solid screen fence or wall will
be erected along the abutting rear or side property lines which are
common to the property zoned for residential purposes, except that
such screening shall not extend in front of the building line or adjacent
dwellings. In addition to the fencing, sufficient landscaping, berming
and plant material will afford a pleasing and softening variety so
that the view is equally pleasant from the non-residential side. Where
an equal fence exists on the abutting residential property, it will
not be required on this property. Details shall be included in the
landscape or construction plans.
2.
All multi-family residential projects and all commercial, office,
industrial or special use projects shall include on the site plan
a detailed drawing of enclosure and screening method to be used in
connection with trash bins on the property. No trash bin shall be
visible from off the property and a permanent masonry or frame enclosure
shall be provided and maintained for each such bin.
3.
In any district where a retaining wall is needed because of abrupt
changes in the grade, planting and fencing shall form a protective
barrier to prevent loss or injury.
4.
Around a swimming pool, whether private or public, shall be a protective
fenced enclosure not less than five (5) feet high including a locking
gate which shall be locked at all times when the facility is unattended.
5.
Around and about hazardous areas, holes, new construction, etc.,
whether temporary or permanently necessary to protect against intrusion,
for control or to give a degree of privacy or whatever reason, to
protect the public from a hazardous situation.
6.
Where it is deemed necessary as a solution to a problem by the Planning
Commission or Governing Body.
7.
All roof-mounted mechanical equipment shall be screened on all sides
to the extent that such equipment will not be seen from adjacent property
or street at normal eye level. Such a screen shall be of a material
that harmonizes with the building.
[Ord. No. 1007 §16-229.03, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §415.040), 9-24-2003; Ord. No. 1260 §3, 5-21-2008]
Post and rail fencing or other such decorative fencing may be built to a height of three (3) feet in the front yard or side yard abutting a street. (Also see Section 415.010(D) Site Distance on Corner Lots.) The maximum height of a fence in the rear yard of a lot zoned residential shall be six (6) feet. The smooth side of the fence must face the neighboring property. Installation of electric, barbed wire razor ribbon, barbed wire or other similar fences shall be prohibited in all zoning districts. Barbed wire assemblages atop fences shall be prohibited in residential zoning districts. In the interest of safety, every attempt shall be made to eliminate blind corners near all drive and street intersections. Nothing shall discourage or prohibit the landscaping, planting or screening of other areas that are not hazardous to traffic.
[Ord. No. 1007 §16-229.04, 1-24-2001; Ord. No. 1091 §§1 — 3(App. A §415.050), 9-24-2003]
A.
It
is expected that the owners of fences will maintain and keep them
in good repair at all times. Fences and screening approved on zoning
plans and construction plans are elements of the project in the same
manner as parking and other details are elements of the plan.
B.
The
developer, his/her successor and/or subsequent owners and their agents
shall be responsible for the continued maintenance.
C.
Should
fencing and screening not be installed, maintained and replaced as
needed to comply with the approved plan, the owner and his/her agent
or agents shall be considered unlawful and in violation of the terms
of the building or occupancy permit. The Building Official or his/her
designee is empowered to enforce the terms of this Title.
