Special exceptions.
1. A landowner may apply for a special exception. An application for a special exception which does not strictly comply to the standards of this section may be submitted for approval to the City Manager or designee. If the City Manager or designee denies the application for the alternative plan, the applicant may, within 15 business days after receipt of notice of such denial, appeal the decision to the Board of Adjustment (BOA).
2. A decision on approval of a special exception shall be based on one or more of the following factors:
a. distance to existing residential structures on the abutting single-family or two-family property,
b. likelihood that the abutting single-family or two-family property will be developed into single-family dwelling units if presently vacant,
c. change in elevation, or presence of natural features such as creeks or trees.
Compatibility Fence.
In addition to the above landscaping requirement, a compatibility buffer shall also have a compatibility fence installed and maintained on the applicable property boundaries.
A. A landowner may select from two options for complying with the requirements for a compatibility fence required by this section. The options are set forth below:
1. Pre-cast concrete panel, architectural concrete masonry unit (CMU), or innovative material fence option.
a. Pre-cast concrete panels shall be installed per manufacturer’s specifications;
b. An innovative material may be approved by the City Manager or designee provided that it meets the other criteria of this section.
c. Construction details or shop drawings must be sealed by a civil engineer, structural engineer, or landscape architect and provided prior to the issuance of a building permit;
d. Both sides of the fence shall have a finished face; and
e. The fence shall have a minimum height of six (6) feet.
2. Masonry fence option. For the purposes of this section, “masonry fence” shall mean a fence constructed of brick or natural stone. The term shall not include cement-based siding such as HardiePlank, Fencecrete, or similar construction materials. Masonry materials, construction standards, and miscellaneous requirements shall be as follows:
a. Brick or natural stone;
b. A cast-in-place structural footing;
c. Top capped;
d. Both sides of the fence shall have a finished face;
e. The fence shall have a minimum height of six (6) feet; and
f. Construction details or shop drawings must be sealed by a civil engineer, structural engineer, or landscape architect, shall include wind load calculations certified by an engineer qualified by experience and/or training in structural evaluation in accordance with the most recently adopted International Building Code, and be provided prior to the issuance of a building permit.
