§ 13-145. Same—In nonresidential districts.

In nonresidential districts established by or under the zoning ordinances, fences shall conform to the following:

(1)

A fence not more than ten (10) feet in height shall be permitted in the rear yard of any interior or corner lot.

(2)

No fence shall be permitted in the portion of the rear yard of a corner lot that is closer to the side property line abutting a right-of-way than the principal structure.

(3)

A security fence not to exceed twenty (20) feet in height shall be permitted on any lot in a non-residential zoning district provided that said fence is located no closer than one hundred (100) feet from a public right- of-way and is attached or connected to the primary structure, except that such a fence may be located closer than one hundred (100) feet from a public right-of-way in the Hilton Village Historic District if approved by the Hilton Village Architectural Review Board. A fence that provides both decoration and security to property shall be considered a decorative fence for purposes of this section.

(4)

A decorative fence not to exceed ten (10) feet in height, may be erected on any lot in a non-residential zoning district provided that said fence is set back a minimum of twenty (20) feet from any public right-of-way that abuts the property. Upon request of the property owner, the city manager or his designee may grant a reduction in the twenty (20) foot setback upon a finding that the strict application of the setback would constitute an undue hardship on the property owner due to the shallowness of the lot or the presence of existing structural features. In the event that a reduction in the setback is granted, the city manager or his designee may impose reasonable conditions to mitigate the impact of the reduction in setback.

(Ord. No. 5365-99)

(Ord. No. 5365-99)