For the purpose of this ordinance, a fence shall be any object of any dimension and of any and all material, the purpose of which is to provide protection from intrusion (both physical and visual), to prevent escape, mark a boundary or provide decoration. A wall shall be considered a fence.

(Ord. No. 1062, § 1(17-10-1), 6-13-1983)

A building permit must be obtained from the office of the building inspector [building official] prior to construction of any fence within the legal limits of the city. Prior to the issuance of any such building permit, a fee as set by city council must accompany the application. A fee of $5.00 payable to the City of Alice covers the permit and the inspection to be made upon completion of the fence or extension, addition, or modification of [a] previously existing fence.

(Ord. No. 1062, § 1(17-10-2), 6-13-1983)

(a)

Property lines. No fence, guy wire, brace, light standard, sign, vee arm, barbed wire base and arm, or any structure attached to a fence shall protrude over any property line.

(b)

Dimensions of fences.

(1)

R-2, R-3, R-4, R-5 and R-6 zoning districts:

a.

Front yard fence. No fence shall be constructed or erected to exceed four feet in height. The height of the fence to be measured from the highest adjoining grade parallel to the fence.

b.

Back yard fence. No fence shall be constructed or erected to exceed six feet in height. The height of the fence to be measured from the highest adjoining grade parallel to the fence.

(2)

C and D zoning districts. No fence shall be constructed or erected to exceed eight feet in height in front yard and back yard. The height of the fence to be measured from the highest adjoining grade parallel to the fence.

(c)

Placement of fences.

(1)

No fence shall be constructed in front of the designated building line of any property in R-1 one-family district except on existing platted lots within R-1 one-family district fences may be constructed where the majority of the lots within a block have fences constructed and erected prior to the enactment of this ordinance [6-13-1983] and said fence must be compatible in height to the fences constructed and erected in such area. Fences may be constructed on all property lines of property zoned in R-2, R-3, R-4, R-6, C and D zoning districts in accordance with the height regulations specified herein.

(2)

No fence of any height or type shall be permitted on a corner lot within or along a triangle formed by measuring 15 feet in each direction from the point of corner of the property lines at the street intersection.

(3)

No fence shall be constructed in any manner, which interferes with the drainage of contiguous properties.

(4)

No gate for any fence shall open outward onto public right-of-way.

(5)

No fence shall be constructed and no natural fence shall be planted within, nor shall such fence or natural fence encroach upon or extend over, any dedicated right-of-way of any street or alley.

(d)

Maintenance. It shall be the duty of the owner of the lot to provide proper maintenance of fences. Proper maintenance shall include but is not limited to:

(1)

Painting;

(2)

Repair of broken or weak boards, posts, torn chain links, etc.;

(3)

Trimming of natural fences; and

(4)

Resetting of nails.

(e)

Fence materials. Any and all materials used in the construction of a fence built within the legal limits of the city shall meet or exceed standards set by the standard building code regarding fire zones.

(f)

Prohibited materials. Electrical fences of electrical attachments of any type, dimension or composition shall not be constructed within the legal limits of the city. Permanent barbed wire fences of any type or dimension shall not be constructed within the legal limits of the city. Vee arms or base and arms with barbed wire not to exceed three strands will be permitted provided such attachments are not less than six feet above ground level. Said attachments shall be considered as part of the fence in determination of the height of said fence and shall not protrude over property lines.

(g)

Temporary fences. Temporary fencing for the purpose of protection or securing of construction sites may be allowed and notice of duration of use of temporary fencing with the schedule of time of use must be so specified in the permit for fencing. Barbed wire fences may be allowed for temporary use but must be approved by height, location, and number of strands by the building inspector [building official].

(h)

Inspection. When a fence is completed it must be inspected. The office of the building inspector [building official] shall be notified upon completion of the fence. The building inspector [building official] will issue a card of acceptance if the fence complies with the provisions of this ordinance or it will be rejected. All fences constructed under the provisions of the ordinance shall be maintained so as to comply with the requirements of this ordinance at all times.

(i)

Variance. The building official of the City of Alice and director may grant a variance to this Code, making such determinations on a case-by case basis. The determining factor in approving any exemptions to this Code will be based on conformity to the subdivision and neighborhood of the property. The homeowner(s) requesting a variance must do so in writing to the director. The director and building official will have five business days to respond to such requests. If a variance is not granted, the homeowner(s) may follow procedures in place to appeal that decision to the City of Alice Board of Adjustments.

(Ord. No. 1062, § 1(17-10-3), 6-13-1983; Ord. No. 2084, § 2, 4-24-2018)

Any fence constructed prior to enactment or amendment of this ordinance will not be restricted by this ordinance. Any fence constructed at any time on property not within the legal limits of the city, but annexed by the city at a later date will not be restricted by this ordinance, excepting in both cases that any fence reconstruction, modifications, enlargements, extensions, alterations or any construction other than maintenance of said fence as it existed at the time of enactment or amendment of this ordinance or annexation of property containing said fence shall be regulated by this ordinance.

(Ord. No. 1062, § 1(17-10-4), 6-13-1983)