The setback requirements of this chapter shall not prohibit any necessary retaining wall nor prohibit any wall or fence subject to the following requirements:

(1)

In a residential district, no wall or fence shall exceed eight feet in height within a side or rear yard, or four feet within a front yard and no chain-link fence is permitted in a front yard.

(2)

In a nonresidential district, fencing shall be allowed in the side and rear yard provided it does not exceed eight feet in height. Fencing not exceeding eight feet in height shall be allowed in the front yard in industrial zoning districts subject to the following:

a.

All front yard fences shall be set back a minimum of five feet from the property lines and planted with a landscape strip consisting of one tree and eight shrubs for each 50 linear feet of strip length. The remaining ground area shall be sodded, seeded or hydroseeded with grass and/or planted with groundcover species and/or provided with other landscaping material, or any combination thereof.

b.

Chain-link fencing is prohibited in front yard.

(3)

Barbed wire is permitted only on top of fences in the rear yard in industrial districts, a minimum of six feet above the natural grade.

(4)

Walls and fences must be constructed of bricks, masonry, stone, metal, wood, rigid plastic, composite or fiberglass, or other weather and decay-resistant materials designed for permanent outdoor use. Wood fences must be constructed of cedar, redwood, pressure-treated pine or other decay-resistant wood. Fences must not be constructed from razor wire, filter fabric, plastic sheeting, plywood, or materials originally intended for other purposes.

(5)

Fences must be installed so that posts and lateral supports are not on the side of the fence facing an adjacent property or public right-of-way, unless exposed on both sides. Concrete block shall have a decorative treatment applied to any side facing adjacent property or public right-of-way.

(6)

Temporary fences constructed of light-duty wire or plastic mesh are permitted in residential districts for residential garden uses.

(7)

The provisions of this section shall not apply to barriers erected for erosion and sedimentation control, tree protection, safety or security during construction or land disturbance activities.

(Code 2004, § 39-501; Ord. No. O-173-14, § 1, 9-18-2014; Ord. No. O-22-245, § 1, 12-1-2022; Ord. No. O-25-258, § 1, 7-17-2025)

The front yard requirements of this chapter shall not apply on any lot where the average depth of the front yards of existing buildings on adjoining lots located wholly or partly within 100 feet on each side of such lot within the same block and zoning district and fronting on the same side of the street is less than the minimum required front yard depth. In such cases, the depth of the front yard on such lot may be less than the required front yard depth, but shall not be less than the average of the front yards of the aforementioned existing buildings.

(Code 2004, § 39-502; Ord. No. O-106-09, 11-19-2009)

A temporary building or buildings for use in connection with a construction project or land subdivision shall be permitted on the land of the project during the construction period. All other temporary buildings located upon a property for more than three months are considered permanent structures, subject to all appropriate ordinances. Vehicles located on asphalt or concrete driveways and up to one boat and trailer per property are excluded.

(Code 2004, § 39-503)

Any lot of record existing at the time of the adoption or amendment of this section, which has an area or a width that is less than is required by this section, may be used, subject to the following exceptions and modifications:

(1)

Adjoining lots. When two or more adjoining lots of record with continuous frontage are in one ownership at any time after the adoption or amendment of this section and such lots, individually, have an area or width that is less than required by this section, such groups of lots shall be considered as a single lot or several lots of the minimum width and area required in the district in which they are located.

(2)

Individual lot. Except as set forth in subsection (1) of this section, in any district in which single-family dwellings are permitted, any lot of record existing at the time of adoption or amendment of this section, which has an area, width or depth less than that required by this section, may be used as a building site for a single-family dwelling.

In the case of such a lot, when it is not possible to provide the required side yards and at the same time build a minimum width single-family dwelling, the planning and zoning commission is hereby authorized to reduce the side yard requirements for such lot the minimum amount necessary for a reasonable dwelling, but in no case shall each of the side yards be less than 7.5 feet in width.

(Ord. No. O-106-09, 11-19-2009)