§ 29-138. Fences.

(a)

Definitions. Screening shall mean a method of visually shielding or obscuring one (1) abutting or nearby structure or use from another by fencing, walls, berms, or densely planted vegetation.

Fence shall mean an artificially constructed barrier of wood, masonry, stone, wire, metal, or other manufactured material or combination of materials erected to enclose screen, or separate areas.

Wall shall mean a constructed solid barrier of concrete, stone, brick, tile, wood, or similar type of material that closes, marks, or borders a field, yard, or lot, and that limits visibility and restricts the flow of air and light.

(b)

Visibility at intersections.

(1)

All fences, walls, or hedges shall be in compliance with chapter 24, article V.

(c)

Fencing and walls.

(1)

Permit requirements:

a.

No person shall install, replace, or reconstruct a fence or wall in the city without first obtaining a fence permit and complying in all respects with the terms and conditions and this section. A fence permit is not required for painting, maintenance, or repair or replacement of less than sixteen (16) lineal feet.

b.

A scaled site plan must be submitted with the fence permit application that shows the following:

1.

The location, type and height of the proposed fence.

2.

Distances of the proposed fence from lot lines and other improvements on the property.

3.

Location of driveway(s).

4.

Location of public streets, sidewalks, and alleys.

5.

For fence subject to the fifty (50) percent solid limitation, an accurate and dimensioned drawing or illustration of the fence is required.

6.

Such other information as may be reasonably required to determine compliance with City codes and ordinances.

(2)

Completion of installation. A fence or wall authorized by a fence permit shall be fully installed in accordance with this section and permit conditions, within one hundred eighty (180) days of the date of permit issuance. A fence permit shall expire one hundred eighty (180) days after the date of issuance. After a fence permit expires, no work requiring such a permit shall be commenced, resumed or undertaken until a new permit is issued or the original permit is extended.

The permit applicant may file a written request for an extension of the fence permit stating the reason for the request, for up to one hundred eighty (180) additional days to complete the fence installation. The zoning official, in administering this Code, shall grant the request is good cause is shown.

(3)

Responsibility of applicant. The applicant is solely responsible for installing the fence or wall:

a.

Within the boundaries of their property determined by survey, incompliance with this section and the permit, including but not limited to, proper materials, height, setback, and vision clearance.

b.

In compliance with any subdivision covenants or restrictions, deed restrictions, utility easement restrictions, land use restrictions of record, including applicable plan review and approval or waiver requirements.

c.

In a manner as will not obstruct storm water drainage, violate a city approved storm water plan or unreasonably divert storm water on the property of another.

d.

Without damaging any underground utilities.

(4)

Existing fences and walls. Any fence or wall existing upon the effective date of this section shall not be enlarged, extended or replaced, except in strict compliance with all of the requirements of this section, except that existing fences that are damaged less than fifty (50) percent of replacement value may be rebuilt, but no residential fence to be rebuilt may include barbed wire or other sharp edge material such as razor wire.

(5)

General standards.

a.

Fences and walls must be constructed in a substantial, workmanlike manner. They shall be constructed, and shall include line, gate, and corner posts securely anchored to the ground, all in conformance with generally accepted good fence construction practices.

b.

Fences and walls shall be designed and constructed in a uniformly consistent manner and shall have a neat, clean, and finished appearance. Used materials shall not be utilized for fence construction unless the materials are refurbished in appearance and structure to approximate new material.

c.

All fences facing streets and alleys shall be installed so that the finished side of the fence is exposed to the public view and the parts of the fence structure (horizontal and vertical support posts, etc.) are exposed to the view of the property owner. Fences facing properties other than streets and alleys may be erected with the finished side facing either inward or outward.

d.

Post spacing shall be equidistant except to accommodate gates or a repeating architectural design.

e.

Fences and walls shall be maintained in an upright condition.

f.

Any fence or wall which is or has become dangerous to public safety, health, or welfare, is considered a public nuisance. The zoning official may start proper proceedings for an abatement.

g.

Boundary line fences and walls will be located entirely upon the private property of the person constructing or causing the construction of the fence or wall unless the owner of the property adjoining agrees, in writing, that a fence or wall may be erected on the division line of both properties.

h.

Civil disputes over the location of a fence or wall at adjoining private properties are not within the enforcement authority of the city to resolve.

i.

Fences and walls placed within easements are subject to removal by city and utility maintenance workers if such becomes necessary to permit access for the purposes of installing, repairing, cleaning, replacing or rehabilitating city utility or drainage facilities located or proposed within the easements. The locations where easements are crossed by fence installations, locked gates may be required to allow vehicular access. Acceptable provisions to allow access into underground structures are required when fences and walls are placed over such facilities.

j.

Schools, public parks, and/or playgrounds may erect open-mesh fences within accepted industry standards, and fencing surrounding tennis courts and baseball and/or softball field backstops may be erected in conformance with accepted industry standard, as long as other provisions of these regulations are met.

k.

No fence or wall shall be installed in any yard that will shield any window or opening in a habitable space of a dwelling. A minimum distance of three (3) feet shall be maintained between any sold fence or wall and any such window or opening in a dwelling.

l.

No advertising signs are allowed on fences or walls.

m.

It shall be the responsibility of the property owner to insure that a fence or wall does not block or obstruct the flow of storm water.

(6)

Approved fence materials.

a.

Front yard fences shall be fifty (50) percent open (see through) and be of ornamental design, i.e., split rail, wrought iron or picket. Chain link fences are permitted in front yards in the R-4 zone. A chain link fence in the front yard of residences in other zones is prohibited unless the property owner shall apply with the board of zoning adjustment for permission to do so. The board shall not grant permission unless it shall conclude that the chain link fence will not detract from the character of the surrounding neighborhood or diminish property values therein, and the board may impose such conditions on the applicant as needed to this end. All other fence regulations shall apply as well.

b.

Fences or walls to be situated in side and/or rear yards shall be constructed using materials suitable for residential-style fencing, including but not limited to brick, fieldstone, wrought iron, vinyl, chain link, stockade or board-on-board wood.

c.

Chain link/open mesh fences, wherever permitted, will be constructed so that the barbed end is at the bottom of the fence and the knuckle end is at the top. Chain link/open mesh fences shall not contain strips or slats among the links.

d.

Agricultural/farm fences shall only be permitted on properties that have been used for the purpose of enclosing livestock or other agricultural activities within the preceding twenty-four month period. Agricultural/farm fences are those fences consisting of chicken wire, deer fence, hog wire, high tensile, wire strands, used in the agricultural, farming and livestock business, specifically for livestock, animal and bird control.

e.

No fence or wall shall be constructed of used or discarded materials in disrepair, including but not limited to pallets, tree trunks, trash, junk, or other similar items. Materials not specifically manufactured for fencing, such as railroad ties, wooden doors, landscape timbers or utility poles shall not be used for, or in the construction of a fence.

(7)

Fence standards for residential districts. All fences in residential districts shall comply with the following standards in addition to the general standards and approved fencing materials:

a.

Fences within any portion of the front yard extending across the full width of the lot and lying between the street frontage of the lot and the front yard setback as set forth in the zoning ordinance, shall not exceed forty-two (42) inches in height, and posts and/or decorative finials together may add no more than six (6) inches to the total height.

b.

The maximum height of fences and walls located in a rear or side yard is eight (8) feet.

c.

All fences and walls shall comply with paragraph (b) of this section (visibility triangle).

d.

No fence or wall shall be located within one (1) foot of a sidewalk.

e.

Electric fences at a height of no more than five and one-half (5½) feet are allowed in rear and side yards when: completely enclosed by another fence or wall that is not charged with electricity, is opaque, and does not have barbs, spikes, or dangerous projections, and said outer fence is at least six and one-half (6½) feet in height.

f.

No residential fence may include barbed wire or other sharp edge material such as razor wire. Existing fences including barbed wire or other sharp edge material shall be considered nonconforming and may not be extended or replaced except in conformance with this section.

g.

All fences or walls on a single parcel shall have a unified style along a single plane and for all fence segments visible from off the premises for any single direction except as otherwise permitted or required in this section.

(8)

Fence standards for commercial and industrial districts. All fences and walls in commercial and industrial districts shall comply with the following standards in addition to the general standards:

a.

Location.

1.

In order to maintain clear vision lanes for vehicles and pedestrians, no opaque faces shall be permitted within ten (10) feet, in any direction, of the following points:

(i)

At the intersection of a driveway and sidewalk (or front property line if there is no sidewalk).

(ii)

At the intersection of a driveway and public right-of-way.

(iii)

At the intersection of any two driveways.

2.

All fences and walls shall comply with paragraph (b) of this section (visibility triangle).

3.

No fence or wall shall be located within one (1) foot of a sidewalk.

b.

Materials and construction.

1.

Electric fences are allowed only when completely enclosed by another fence or wall that is not charged with electricity, is opaque, and does not have barbs, spikes, or dangerous projects, and said outer fence is at least six and one-half (6½) feet in height and is located within a rear or side yard.

2.

A fence may be topped with barbed wire or other sharp edged materials when:

(i)

Included as a security fence as part of an approved development plan;

(ii)

Such materials are located above a height of six and one-half (6½) feet;

3.

Only ornamental fences shall be permitted in the front yard setback unless required by these or other governmental regulations;

4.

All fences and walls on a single parcel shall have a unified style along a single plane and for all fence segments visible from off the premises for any single direction.

c.

Height.

1.

Unless otherwise permitted or required in this section, fences and walls within any portion of the front yard extending across the full width of the lot and lying between the street frontage of the lot and the front yard setback as set forth in the zoning ordinance, shall not exceed forty-two (42) inches in height, and posts and/or decorative finials together may add no more than six (6) inches to the total height.

2.

Unless otherwise permitted or required in this section, the maximum height of fences and walls located in a rear or side yard is eight (8) feet.

(Ord. no. 4807, as amended, § 38, 2-2-81; Ord. No. 6106, § 1, 8-2-04; Ord. No. 6482, 4-7-14)