§ 25-6-563. SCREENING.

(A)

A parking facility that is in a nonresidential district parking facility and that adjoins a residential district must be separated from the residential district by a wall or fence to screen the residential district from car lights and vehicle storage and movement. The wall or fence must be at least four feet in height and must be located on the common boundary between the parking facility and the residential district for the length of the common boundary.

(B)

A parking facility containing more than 10 spaces and that is in a residential district that adjoins another property in a residential district must be separated from the adjoining property by a wall, fence, or landscape to screen the residential district from car lights and vehicle storage and movement. The wall, fence or landscape must be at least six feet in height and must be located on the common boundary between the parking facility and the adjoining property for the length of the common boundary.

(C)

A screen prescribed under Subsection (A) or (B) must be located on the property line unless:

(1)

existing vegetation will be harmed if the screen is placed on the property line; or

(2)

placement of the screen on the property line would interfere with an existing drainage feature or utility.

(D)

If a person places screening on the property other than on the property line, the person must provide lot line monuments along the property line.

(E)

The director may waive a screening requirement prescribed by Subsection (A) or (B) if:

(1)

the director determines that extraordinary conditions exist as defined in the Environmental Criteria Manual; or

(2)

the property owner who benefits from the screening submits a written statement to the director that the owner would prefer that screening not be provided.

(F)

The director or the Land Use Commission may modify a design and construction requirement of this division for a site subject to site plan review if the director or Land Use Commission determines that the modified requirement improves the esthetics or utility of the design or provides protection to an adjoining use in a manner equal to or greater than the specific requirements of this division.

Source: Section 13-5-105; Ord. 990225-70; Ord. 010607-8; Ord. 031211-11.