§ 52-54. Screening.

(a)

Any new nonresidential development, or major renovation of an existing nonresidential development (major renovation being defined as renovation which exceed fifty (50) percent of the current improvement value as shown on the most current City of Irving tax roll) which is adjacent to any residentially zoned land (except land zoned R-40, land within the Downtown Development District or the Urban Business Overlay District, or any other special district which includes mixed uses and/or more specific screening requirements), must provide a minimum seven (7) foot tall blind fence along the common property line.

(b)

The planning and zoning commission may recommend and the city council may request screening or fencing requirements on any zoning case in addition to or in lieu of screening or fencing requirements set out specifically in each use district when the nature and character of surrounding or adjacent property dictate a need to require such screening devices in order to protect such property and to further provide protection for the general health, welfare and morals of the community in general.

(c)

The planning and zoning commission's recommendations and the city council's requirements under this section shall contain the following:

(1)

Specific location of fence;

(2)

Height of fence;

(3)

Type of construction;

(4)

Location of openings, if any;

(5)

Whether the fencing or screening requirement is in additional to or in lieu of the fencing or screening requirement in the applied for use district.

(d)

All fences or screening devices required to be constructed under this section must be maintained by owner and failure to maintain same will constitute a violation of this section.

(e)

The planning and zoning commission may recommend, and the city council may require that a landscape plan be provided on any zoning case where the nature and character of surrounding or adjacent property dictate a need in order to protect such property and to provide protection for the general health, safety and morals of the community in general.

(Ord. No. 1831, § 1, 9-18-69; Ord. No. 4995, § 10, 7-17-86; Ord. No. 7626, § 5, 3-23-00)