Fences are permitted accessory uses in all districts and shall be regulated by the city building inspector. The following regulations shall govern the type, location, and construction of all fences. When a fence is erected not in conjunction with a building permit for a principal use or building, a separate permit is required.

   A.   Electric Fences And Barbed Wire Fences: Electric fences and barbed wire fences are prohibited within the city except in those instances where it can be demonstrated to the building inspector that such use is solely for the containment of animals kept in compliance with city animal control regulations and the fence is not located on the public right of way. The building inspector shall have authority to revoke authorization for an electric fence or barbed wire fence upon declaration of a finding by him that such fence would be detrimental to public health, safety or welfare, or would be potentially injurious to persons, properties or improvements in the vicinity.

   B.   Barbed Wire In Commercial And Industrial Districts: Barbed wire may be permitted in commercial and industrial districts only when used as the top section for security fences and shall be a minimum of seventy two inches (72") above grade to the bottom wire.

   C.   Access To Utility Meter; Fire Hydrant: Any existing fence or fence to be constructed which restricts access to any utility meter shall provide a way of access through the fence by hand gate. In addition, no fence shall be constructed within thirty six inches (36") of a fire hydrant.

   D.   Open Vision Fences: Open vision fences may be built to the property line in commercial and industrial districts.

   E.   Walls, Latticework And Screens: For the purposes of this chapter, walls, latticework, and screens shall be considered to be fences and shall be built and maintained in compliance with the provisions of this chapter.

   F.   Use Of Unsightly Materials: The use of boxes, sheet metal, old or decayed wood, broken masonry blocks, or other like unsightly materials for fencing shall be prohibited. (1974 Code § 4-1601)

Fences may be erected in all residential districts subject to the following:

   A.   Solid or closed vision fences to a height of thirty six inches (36"), or open vision type fences to a height of forty eight inches (48") may be built from the front of the dwelling unit to and including the front property line. Fences to a height of seventy two inches (72") may be built from the front of the dwelling unit to and including the rear property line;

   B.   Any open vision fence, wall, or planting on or within the clear vision triangle shall be limited to thirty six inches (36") in height measured from the crown of the street; and

   C.   Solid or closed nonvision fences to a height of thirty six inches (36") or open vision type fences to a height of forty eight inches (48") may be built along the front property line and along the side property line to the front of the dwelling unit, except that a fence of seventy two inches (72") in height may be built upon street and side property lines from the front of the dwelling to the rear property line; provided, that no closed nonvision fence which exceeds thirty six inches (36") in height may be erected in the clear vision triangle.

   D.   When fences greater than six feet (6') are proposed, the applicant for the fence building permit shall submit the request for permit to the planning and zoning commission for design review.

   E.   Any developer intending to construct a boundary fence on the boundaries of a proposed subdivision shall show the fence on the preliminary plat and shall include with the preliminary plat the design, placement, height, specifications and drawings of said fence. (1974 Code § 4-1602)

The policy for the permission to and the conditions and restriction imposed by the permission to construct and erect fences within the public right of way is hereby established as follows:

   A.   Sidewalk Or Walkway: Where a sidewalk five (5) or more feet wide exists, an applicant may construct a fence immediately adjacent to the sidewalk on the dwelling side. When a sidewalk does not exist, the applicant must provide a reasonably level walkway not less than five feet six inches (5'6") wide if adjacent to a collector or arterial street, or four feet six inches (4'6") wide if adjacent to a local street, measured from the back of the curb or curb line;

   B.   Design: The design of the fence shall receive prior approval by the city building inspector and must be built in compliance with such prior approval and in accordance with plans and specifications submitted;

   C.   Height: Fences shall not exceed four feet (4') in height in the front setback area or six feet (6') in height elsewhere on property to be fenced and shall otherwise comply with this title; (1974 Code § 4-1603)

   D.   Compliance With Building Code: Regardless of the type of material used, fences shall be built of materials meeting building code requirements for structural stability, fire resistance, and safety; (1974 Code § 4-1603; amd. 2010 Code)

   E.   Removal Required: Fences and all appurtenant structures or footings constructed on easements or public rights of way shall be removed at the expense of the property owner within thirty (30) days after proper notification by the city building inspector;

   F.   Work Between Fence And Curb Or Street: All work (i.e., grading, seeding, or paving between the proposed fence to be erected on public property and the curb or street travelway) shall be at the expense of the property owner and in accordance with the requirements and specifications of the city;

   G.   Building Permits Required: If the city building inspector approves the application, the applicant must obtain a building permit from the city, Buhl highway district or state DOT as applicable before commencing the construction or erection of said fence;

   H.   Revocation: With or without notice, the license, privilege and permission to construct and erect a fence upon and within a public right of way is subject to revocation at the will of the city or owner of said right of way, and any expense incurred by the applicant in the construction and erection of a fence within the public right of way shall be done at the applicant's own expense and risk; and

   I.   Agreement: The applicant will, upon the approval of the city building inspector of the right, privilege and permission to so construct and erect a fence, execute an agreement that the applicant shall acquire no property or contractual right in and to such public right of way, that the applicant will reimburse the city for any damage to the city and third parties, and such other provisions as the city may request. Whenever the city, Buhl highway district, or state DOT, deems it necessary as a proper police measure to vacate and revoke such fence permit, the applicant has no alternative but to comply with the order of revocation.

   J.   Illustration Of Fence Regulations: For an illustration of fence regulations, see appendix attached to the zoning ordinance on file in the office of the city clerk-treasurer. (1974 Code § 4-1603)

Subject to the other restrictions contained in this chapter, the maximum fence heights in each zoning district shall be as follows:

 

 

However, in all cases in subsection 9-15-2D of this chapter, where a fence greater than six feet (6') is proposed, the applicant for the fence building permit shall submit the request for permit to the planning and zoning commission for design review. (1974 Code § 4-1604)