The requirements of this section shall apply to the following conditions in all zoning districts, except as exempted in section 109-245.

(1)

New construction. Construction of a new fence;

(2)

Extension. Extension of an existing fence;

(3)

Replacement.

a.

Replacement of an existing fence that is a different size, at a different location or of a different material (e.g., a chain link fence being replaced by a wood privacy fence); or

b.

Replacement of more than 50 percent of the linear length of an existing fence.

(Zoning Ord., § 900.01; Ord. No. 2011-17, § 900.01, 12-28-2011)

This article shall not apply to:

(1)

Zoning districts. The A-1, Agricultural Zoning District, with the exception of requirements for placement of razor wire, barbed wire, or electric fences near sidewalks and rights-of-way identified in section 109-247.

(2)

Replacement. Replacement of less than 49 percent of the linear length of an existing fence, except that the portion being replaced shall not:

a.

Impede visibility at the sight triangle;

b.

Impede a natural drainageway;

c.

Be located in certain utility easements that require gated access; or

d.

Encroach neighboring property lines.

(Zoning Ord., § 900.02; Ord. No. 2011-17, § 900.02, 12-28-2011)

(a)

A fence permit shall be obtained prior to beginning construction and replacement of all applicable fences, except those shown on an approved preliminary plat or large scale development. All permits shall expire after 180 days.

(b)

Application. To obtain a fence permit, a completed application form and a site plan must be submitted to the planning and development department. The site plan shall show:

(1)

Location of all property lines;

(2)

Location of all existing structures;

(3)

Location of existing or proposed pools or spas;

(4)

Location of existing fencing that is to remain in place on or adjacent to the property;

(5)

Portions of existing fence that will be replaced;

(6)

Location of new fencing; and

(7)

A note indicating the height of the proposed fence and the type of fence construction (i.e., wood privacy, wrought iron, brick, etc.).

(c)

Review and approval. Once all the required information is submitted, it will be reviewed by the planning and development department for compliance. If the application is approved, the applicant shall pay the permit fee and the fence permit will be issued.

(d)

Compliance. All fences must be installed in compliance with the fence regulations and with the information shown on the approved plot plan and fence permit application form.

(e)

Inspection required. The applicant shall contact the planning and development department to request a final inspection upon completion of the fence. If the inspector determines that the fence is constructed in accordance with the article requirements and the approved fence permit, a certificate of compliance will be issued. If the fence does not pass the inspection, the inspector shall prepare an inspection report detailing the deficiencies.

(Zoning Ord., § 900.03; Ord. No. 2011-17, § 900.03, 12-28-2011; Ord. No. 2015-18, § 1, 8-24-2015; Ord. No. 2024-23, § 1(Exh.), 11-25-2024)

(a)

Razor wire. Razor wire shall be prohibited.

(b)

Barbed wire. Barbed wire shall be prohibited in residential zoned areas, except R-E, Residential Estate. Barbed wire shall be permitted in commercial and agricultural zones and shall not be placed within five feet of a public sidewalk or within five feet of a street right-of-way where a public sidewalk does not exist

(c)

Electric fences. Electric fences shall be prohibited. Exception: Electric fences shall be permitted in A-1, Agricultural and R-E, Residential Estate Districts and shall not be placed within five feet of a public sidewalk or within five feet of a street right-of-way where a public sidewalk does not exist. Underground electric pet fences shall be permitted.

(Zoning Ord., § 900.04; Ord. No. 2011-17, § 900.04, 12-28-2011)

(a)

Generally. No fence shall be erected on any property without the consent of all owners of the property. Fences shall not encroach onto adjoining property not owned by the owner of the fence, nor shall any fence encroach upon any right-of-way. Fences may be located directly adjacent to existing fencing or attached to such fencing with the consent of the fence owner.

(b)

Front yard.

(1)

For purposes of this subsection, the term 'front yard' shall be defined as any portion of a lot forward of the footprint of the primary structure on the lot. In the case of corner lots, the 'front yard' shall be delineated by the orientation of the primary pedestrian entry to the structure.

(2)

For residentially zoned lots less than four (4) acres in area, fences shall be limited to three (3) feet in height in the front yard.

(3)

For residentially zoned lots four (4) acres or more in area, fences taller than four (4) feet in height may be erected in the front yard, if the fence is located to delineate a property boundary and does not provide seclusion or privacy from public view. Such fences shall not exceed eight (8) feet in height.

(4)

For all nonresidential zoning districts, fences erected in the front yard shall not exceed eight (8) feet in height.

(c)

Rear and side yards.

(1)

A fence that does not cross any portion of the front yard may begin on a rear or side property line at the full height of the fence, but shall not exceed eight feet (8') in height from the ground below the fence.

(2)

A fence may be located in the rear or side yard, but shall be in compliance with other regulations of this section.

(d)

Sight triangle. Fences constructed near driveways and street intersections shall stay clear of all sight triangles in order to provide a reasonable degree of traffic visibility. See section 109-3 for the definition and reference dimensions of a sight triangle.

(e)

Easements.

(1)

Utility easements. Construction of fences in utility easements is permitted, but the fence installer and/or property owner assumes some risk by doing so. The fence enclosing utility easement shall have a gate installed to permit access to the easement.

(2)

Drainage easements. Fences shall not impede the normal flow of stormwater and shall not cross an open drainage channel. Fences proposed in drainage easements shall be approved on a case by case basis.

(3)

Access easement. Fences shall not be constructed over a public access easement. Fences proposed over private emergency access easements must be approved by the fire department to ensure adequate access for emergency vehicles and equipment at all times.

(Zoning Ord., § 900.05; Ord. No. 2011-17, § 900.05, 12-28-2011; Ord. No. 2016-19, § 2, 8-22-2016; Ord. No. 2020-05, § 1, 6-22-2020; Ord. No. 2022-02, § 1, 1-24-2022)

The following design standards shall apply to any new or replacements of any fence where the length of the replacement exceeds 50 percent of the length of the existing fence:

(1)

Reserved.

(2)

Height. Maximum height shall be eight feet above average grade.

(3)

Finished surface. Finished surface shall face outward from the property. Posts and support beams shall be inside the finished surface or designed to be an integral part of the finished surface.

(4)

Gates. All fence segments abutting a thoroughfare, except for corner lots, shall provide one gate opening per lot to allow access to the area between the fence and the street pavement for maintenance and mowing. An exception may be granted if the city receives a letter from the homeowners' association stating that this area is maintained by the association and not by individual homeowners.

(5)

Drainage. Fences shall not create any net impact to pre-construction stormwater flows.

(Zoning Ord., § 900.06; Ord. No. 2011-17, § 900.06, 12-28-2011; Ord. No. 2016-32, § 1, 11-28-2016)

Outdoor pools (including above-ground), uncovered spas and uncovered hot tubs greater than two feet in depth shall be protected by a fence designed to restrict access by children. Such fence shall meet the requirements of the Arkansas Fire Prevention Code and this article.

(Zoning Ord., § 900.07; Ord. No. 2011-17, § 900.07, 12-28-2011; Ord. No. 2020-11, § 1, 10-26-2020)

If a fence is installed around a detention or retention pond with permanent depth of two feet deep or more, the fence shall meet the requirements of section 109-250.

(Zoning Ord., § 900.08; Ord. No. 2011-17, § 900.08, 12-28-2011)