(a)

Permit. The construction or alteration of any fence or wall up to six feet in height requires a fence permit from the planning department, subject to compliance with the provisions of this chapter. The erection, construction or alteration of any fence or wall taller than six feet in height shall require a fence permit from the planning department and a building permit issued by the building code enforcement division, subject to compliance with the provisions of this chapter and the city's building code.

Written application for such fence permit shall be filed in the office of the planning department, on forms to be furnished by that office, setting forth the location, type, construction detail, and other information as required by that office, together with a permit fee. The owner of the property shall be responsible for obtaining the permit. If a contractor has been hired to erect the fence or wall, then such person, firm or corporation shall be responsible for obtaining the permit.

The fee for the permit required by this section shall be as set in accordance with section 2-1 of this Code and kept on file in the city clerk's office.

A permit shall be issued by the planning department only after it has reviewed the completed application and has determined that the proposed fence or wall complies with the provisions of this chapter.

(b)

Construction requirements.

(1)

Permitted materials. Fences shall be constructed of materials commonly used in conventional fence construction, such as wood, vinyl, metal or other durable ornamental material similar in nature provided that the planning department staff determines that the proposed fence is of structurally sound construction. Walls shall be constructed of masonry materials. Snow fencing shall not be used for more than 180 days in any 12-month period.

(2)

Prohibited materials. Barbed wire, razor wire, or other similar security wires or materials which could easily cause injury to persons shall only be permitted in the M-2, general industrial district, provided that barbed wire is permitted only at the top of the fence and does not extend over adjacent properties. Fences that carry electric current or any fence, guard wall, or other protection upon which any spike, nail, or pointed instrument of any kind is fixed, attached or placed, excluding ornamental wrought-iron style fencing, shall not be permitted.

(3)

Orientation. All supporting posts, cross-members and protruding bolts, screws and/or hardware of fences shall be inside the lot and face toward the interior of the property of the person who erects, constructs or causes to have constructed the fence.

(c)

Determination of height. The height of a wall, fence, or residential entranceway structure shall be measured from the surface of the ground adjacent to its proposed location. Fill shall not be permitted for the purpose of achieving a height greater than what otherwise would be permitted.

(d)

Location on street or between sidewalk and curb. It shall be unlawful to construct any fence or barrier in any public street in the city or between the sidewalk and curb, except in conjunction with the excavation, construction or renovation of a building or similar structure in accordance with the provisions of chapter 26.

(e)

Fences for recreational facilities or public utilities. Height restrictions shall not apply to public or private recreational facilities including but not limited to tennis courts, ball diamonds, and basketball courts; or public utility installations.

(f)

Arbors, columns and gates. Arbors, columns, gates, pergolas or similar un-roofed structures shall be permitted at or over walkways subject to the following regulations:

(1)

Structures may be located within a required front or side-street side yard setback, provided they are not located in the public right-of-way;

(2)

Height shall not exceed eight feet;

(3)

Such structures shall not be located in unobstructed sight zones stipulated in section 122-69; and

(4)

The issuance of a building permit, if applicable, shall be required prior to construction.

(g)

Unobstructed sight distance. Walls and fences shall comply with the specifications for the maintenance of unobstructed sight distance as stipulated by section 122-69.

(Ord. No. 2005-11, 11-21-05; Ord. No. 2012-8, § 12, 6-18-12)

When permitted or required by this chapter, obscuring walls and fences shall be subject to the regulations of this section. An obscuring wall or fence is one where less than 50 percent of the vertical surface is open so as to obstruct vision or prevent observation of activities enclosed by the fence as defined by section 122-69.

(1)

Materials. The surface area of any obscuring wall or fence facing a residentially zoned district shall be constructed of materials that are compatible with the adjacent residential structures in the residential district. Solid fences shall be constructed of wood, aluminum or vinyl.

(2)

Location. Required obscuring walls and fences shall be placed adjacent to the lot line except where underground utilities interfere with placement of the wall at the property line, in which case the wall shall be placed on the utility easement line located nearest the property line. All walls and fences shall comply with the specifications for maintenance of unobstructed sight distance for drivers stipulated by section 122-69.

All required obscuring walls and fences that face a street shall have a four-foot wide landscaped planting bed located between the base of the wall or fence and the street right-of-way in accordance with the regulations of subsection 122-402(2).

(3)

Time of construction. Wherever construction of an obscuring wall or fence is required adjacent to residentially zoned or used property, the wall shall be installed prior to the issuance of an occupancy permit.

(Ord. No. 2005-11, 11-21-05; Ord. No. 2008-17, § 31, 12-15-08)

Fences and walls for residential uses and districts may be located in the required front, side or rear yard subject to the following regulations:

(1)

Height.

a.

Fences located within the front yard setback shall not exceed four feet in height, with the exception of ornamental, wrought-iron style fences approved within the Center Avenue Historic District by the historic district commission which may be constructed to a maximum height of six feet.

b.

Fences and walls closer than ten feet to a side street lot line shall not exceed four feet in height.

c.

Fences and walls constructed in side and rear yards shall not exceed six feet in height.

(2)

Fence type. Chain link fences are not permitted within the front yard setback but may be located in side street side yards and rear yards as defined in section 122-32.

(Ord. No. 2005-11, 11-21-05; Ord. No. 2012-8, § 1, 6-18-12)

In nonresidential districts, no fence or wall shall exceed 12 feet in height subject to the provisions of section 122-69.

(Ord. No. 2005-11, 11-21-05)

Fences around swimming pools shall be provided in accordance with the provisions of chapter 26.

(Ord. No. 2005-11, 11-21-05)

(a)

Any person who constructs or contracts with another to construct a fence or wall upon property which such person owns or leases shall be responsible for the repair, upkeep and maintenance of the fence or wall. All such work shall be done in accordance with the provisions of this chapter.

(b)

Any person who owns property upon which a fence or wall has been constructed by a previous owner shall be responsible for the care, upkeep and maintenance of the fence or wall. If said fence or wall is located upon a lot line, each successive owner of the fence or wall shall be responsible for its care, upkeep and maintenance. If ownership of the fence or wall located upon a lot line is joint or cannot be determined, then each party owning property adjacent to the fence shall be responsible for the care, upkeep and maintenance of the fence facing his or her property.

(Ord. No. 2005-11, 11-21-05)

It shall be the obligation and sole responsibility of persons obtaining fence permits and erecting fences to determine the location of lot lines. The city shall not determine lot lines, and the issuance of a fence permit shall in no way be construed as a determination of the correct, valid or legal location for the fence, or prejudice in any way the rights of adjacent or abutting property owners.

(Ord. No. 2005-11, 11-21-05)

The city shall not be responsible for the enforcement of any agreement relative to mutual or separate payment for the cost of construction or maintenance of fences, nor shall the city be responsible for the determination of the location of any fence to be constructed, including those on a lot line.

(Ord. No. 2005-11, 11-21-05)