Sec. 30-153. - Fencing of outdoor storage yards.
(a) Every outdoor storage yard shall have an approved fence installed and maintained which will provide a screen to obscure the view of such storage yard from the public. Fences as required by this subsection shall comply with the following requirements:
(1) Fences shall be sheathed with boards, slats, metal, earthen berms, natural evergreen shrubs or trees which can be expected to reach ten feet within three years of planting, or other approved materials, securely nailed or attached to supports, which will provide an effective visual and aesthetic screen. Transparent or translucent sheathing materials shall not be permitted. A building permit shall be obtained prior to erection of a fence, and any earthen berm or vegetation utilized for screening shall be properly manicured and maintained, as well as reviewed and approved by the city landscape architect, or his designee.
(2) Fences shall be ten feet high and shall enclose the entire outdoor storage yard. A fence shall be located along any public right-of-way. Further, a fence shall be placed adjacent to the lot line where an outdoor storage yard abuts any property zoned C-2, C-1, C-1A, residential, special use, or TIP. However, fences along public rights-of-way shall be located behind any required landscape area.
(3) A building permit shall be obtained from the building official prior to construction. Written plans and specifications must be submitted at the time of permit application.
(4) In no case shall auto parts be used to meet the fencing requirements contained herein. The use of used or salvage materials shall be prohibited unless specifically noted on plans and approved by the building official.
(5) Sheathing materials, posts, rails or any other fencing construction materials shall be naturally weather resistant or shall be painted or finished to resist decay or rust. Fences shall be maintained by repair, painting, or replacement as necessary to maintain stability, screening and weather resistance and decay resistance.
(6) The provisions of this section shall apply equally to new and existing fences, and such fences shall not be deemed to be in compliance with this section until inspected and approved by the building official or his designee.
(7) The minimum acceptable vision clearance standards for motorists and pedestrian safety vehicular access points along streets are established by restricting the placement and configuration of any fence or other obstruction so as to substantially impair or block the vision between a height of two and one-half and ten feet above the driveway grade within "clear vision triangles"; two, ten-foot, right-angle triangles with legs formed by the intersection of a driveway pavement edge and street right-of-way line.
(b) Gates, normally used for access to an outdoor storage yard, shall be locking gates and shall provide a solid screen.
(c) Buildings that are used for normal operation of the business, such as storage, sales or office buildings, may not be required to be fenced; however, materials may not be stored in front of or to the side of such buildings as to be open to public view, except that the incidental outdoor display of commodities for retail sale may be permitted when approved in writing by the building official.
(d) A vehicle display area of a motor vehicle salvage yard may not be required to be fenced if such area is used for the display of vehicles that are not disassembled, may be titled, and are held for resale. Such a vehicle display area shall not be used for the display of other used or salvage materials, merchandise or parts whatsoever.
(e) Areas of land used for the outdoor storage or display of materials or vehicles incidental to the principal activity of a business shall not be required to comply with the provisions of this section if such area is included as one of the following uses:
(1) New or used automobile and related vehicle sales lots (authorized by a Mississippi motor vehicle dealer license).
(2) Storage yards incidental to the on-site sale of a new building materials, new heavy machinery, new farm equipment, new nursery products, new mobile homes, new boats or new trailers.
(3) Storage yards for supplies and/or raw materials necessary to the on-site manufacturing, fabrication or assembly of finished products.
(4) Contractors' storage or equipment yards.
(5) Parking areas for vehicles and trailers incidental to rental businesses.
(6) Parking areas for vehicles incidental to transportation and hauling activities of commercial businesses and governmental entities.
(7) Parking areas for vehicles awaiting service at auto repair or auto body shops; however, vehicles awaiting service shall not be stored for more than 180 consecutive calendar days.
(f) Any exemption referenced in subsection (c) through (e) shall not be construed as authority to violate or set aside any other requirement of this article.
(Ord. No. 2006-73(5), § 3, 10-17-06)