Ord 2024-011 - Zoning Code Amendments

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8 materials, or supplies in connection with or arising out of the exercise of rights granted by the permits and/or approvals associated with the installation of an electrified fence; and any and all claims, liabilities, lawsuits or actions, including any and all claims, liabilities and losses for damage, injury, or death, occurring in connection with or arising out of the granting of or the exercise of the rights granted by the permits and/or approvals associated with the installation of an electrified fence. Applicant's obligation to indemnify, defend, and hold harmless the city as stated hereinabove shall include, but not be limited to, paying all fees and costs incurred by legal counsel of the city's choice in representing the city in connection with any such claims, losses, lawsuits, or actions, and payment of any award of damages, judgments, verdicts, court costs and attorneys' fees in any such lawsuit or action." E. B-TOD District. 1. Limitation. Fences, walls, and hedges shall not be located between buildings with com- mercial uses and adjacent streets. However, fences, walls, and hedges may be located be- tween buildings and adjacent streets for schools and daycare facilities or to delineate out- door dining or display areas. 2. Maximum Height. a. Between Buildings and Streets. Where allowed, fences, walls, and hedges located be- tween buildings and adjacent streets shall not exceed 42 inches in height, except fences for schools or daycare facilities may be up to eight feet in height. b. Other Locations. Fences, walls, and hedges located in areas other than between build- ings and adjacent streets shall not exceed eight feet in height. 3. Materials. Fencing and walls shall be constructed using wood, steel, finished concrete, or stucco. Comparable, durable, high quality materials may be used with approval of an Ad- ministrative Exception per Section 2.10.408. Chain link fencing and corrugated metal fenc- ing are prohibited. 4. Fence and Wall Transparency. Fencing, walls, gates, and other screening and visual barri- ers along publicly accessible streets and non-motorized bicycle and pedestrian pathways shall not exceed 75 percent opacity, measured as the total surface area of fence elements divided by the area covered by the fence (i.e. the product of the length of the fence and the width of the fence). In addition, all fences, walls, and hedges shall be subject to the driveway visibility require- ments of Section 4.08.148 Driveways—Visibility. Walls adjoining residential uses shall be subject to the regulations of Section 4.04.224 Walls Adjoining Residential Use.