The purpose of the regulations of this article is to provide a means for fair and equitable control of fences, fenced in areas, and fencing materials within the city limits of the city. These regulations are to preserve the public health, safety, and welfare and are adopted under the zoning authority of the city. A fence may be erected, constructed, or maintained only in conformance with the standards, procedures, exemptions, and other requirements of this article.

(Code 2012, § 16-13-1)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

District or zoning district means a section of the incorporated city for which the zoning ordinance governing the use of buildings and land are uniform for each class of use permitted therein.

Electric wire fence means any device whether charged by battery or other means and whether consisting of single or multiple strands that is used to control access into or out of privately owned property.

Erect means to build, construct, attach, hang, place, or affix any and all fencing material.

Fence means any structure or device permanently or temporarily attached to the ground used to identify property boundaries, control access, provide decorative elements, screen from view, or serve other similar purposes.

Front yard means that portion of the lot lying between the street right of way and the nearest side of the main building. The front yard is the side having the shortest distance along the street on corner lots. The front yard shall be determined by the orientation of the building in case the tract contains equal property sides. The front yard shall be considered to be that portion of the required front yard setback in the case of vacant lot.

Height means the distance from the surrounding grade to the highest element of the fence.

Perimeter fence means a fence structure extending around the outer boundary of a lot, tract, or parcel.

Platted lot means an area subdivided into lots and blocks by legal instrument of record used to convey ownership of property.

Rear yard means that portion of the lot lying between the back property line, i.e., side opposite the street, and the nearest side of the main building. On corner lots, the rear yard shall be opposite the front yard defined elsewhere in this Code. The rear yard shall be determined from the orientation of the building if all sides are equal.

Vacant lot means any lot, tract, or parcel not containing at least one main building. Vacant lots may contain one or more accessory buildings. Accessory buildings may not be used for the following human activities: working, sleeping, eating, cooking, or recreation.

(Code 2012, § 16-13-2)

The city shall require the following areas to be properly fenced in accordance with this and other sections of this Code:

(1)

Fencing requirements around swimming pool areas.

a.

Every person owning land on which there is situated a swimming pool, which contains 24 inches (610 mm) or more of water in depth at any point, shall erect, and maintain thereon an adequate enclosure either surrounding the property or pool area, sufficient to make such body of water inaccessible to small children. Such enclosure, including gates therein, shall not be less than four feet (1,219 mm) above the underlying ground. All gates shall be self-latching with latches placed four feet (1,219 mm) above the underlying ground and otherwise made inaccessible from the outside to small children.

b.

A natural barrier, hedge, pool cover or other protective device approved by the city inspector may be used so long as the degree of protection afforded by the substituted devices or structures is not less than the protection afforded by the enclosure, gate and latch described herein.

(2)

Fencing requirements around construction, utility, and similar sites. Whenever a building or structure is erected, altered, repaired, removed, or demolished, the operation shall be conducted in a safe manner and suitable protection for the public and workers employed thereon shall be provided. Every construction operation located five feet (1,524 mm) or less from the street lot line shall be enclosed with a fence not less than eight feet (2,438 mm) high to prevent entry of unauthorized persons. When located more than five feet (1,594 mm) from the street lot line, a fence or other barrier shall be erected when required by the city building official. The building official may direct other sites to be fenced to protect public health and safety and provide for protection of property.

(Code 2012, § 16-13-3; Ord. No. 2014-20, § 1, 9-2-2014)

(a)

Fencing involving districts adjoining or adjacent to another. Fences may be erected in the following zoning districts in accordance with the following requirements. In the case of a fence being erected on a tract in one zoning district, which adjoins or is adjacent to another zoning district, the requirements of the more restrictive district shall apply.

(1)

A-1 zoning district. There shall be no restriction on fencing type or material in an A-1 zoning district. All fences must be constructed entirely on private property i.e., off the public right-of-way. All fences must conform to city requirements for visibility at intersections where applicable. Perimeter fences located more than 50 feet from a residential structure shall have a gate capable of opening a minimum of 16 feet clear space. The fire department must approve gates and locking devices.

(2)

R-1, R-2, R-3, and R-4 zoning districts. No fence may be erected without first having obtained a permit from the community development office of the city.

a.

Rear yard fences may be erected to comply with the following regulations:

1.

Rear yard fences may be erected on private property and may not encroach into alley right-of-way. It is the property owner's responsibility to determine the location of all property lines for fence placement through a survey or through mutual agreement with adjoining property owners. Disputes over property boundaries may be handled through existing legal remedies. The city does not assume responsibility for property boundary locations.

2.

Any fencing constructed over dedicated utility easements may be required to be removed at the property owner's expense should utility provider need to access systems in those areas. It should be understood that property owners who do not enclose utility easements should provide a means of access so those areas can be mowed and maintained. Maintenance of the easement area is the responsibility of the property owners upon whose property the easement is located.

3.

Rear yard fences must be located at least 12 feet from the pavement edge on all corner lots so as not to obscure visibility. Rear yard fencing material may consist of the following:

(i)

Wire such as chain link and wire mesh but not barbed wire.

(ii)

Wood products such as wood pickets and planks. Wood sheets such as plywood and paneling must be designed for exterior use; otherwise, they may be used only for temporary fencing application not to exceed six months.

(iii)

Masonry and wrought iron provided all other requirements are met.

(iv)

Sheet metal may be used in the rear yard only, provided surfaces are painted or treated. The fence must be constructed so as to be visually appropriate to residential neighborhoods.

(v)

Other materials upon review and approval by the community development department.

(vi)

No electric wire fences will be permitted on residential zoned property of less than one acre tracts. The city inspector, at his discretion, may determine an electric fence to be a public safety hazard on any property and may require such devices be discontinued.

(vii)

Height of fences for rear and side yard may not exceed eight feet in height. The city inspector may provide exceptions to this requirement where surrounding terrain justify such exception. Any exceptions made will be to substantially carry out the intent of these requirements.

b.

Front yard fences may be erected to comply with the following regulations:

1.

Front yard fences must be constructed of masonry, wire, or wood products in such a way that they may be seen through. It is the intent of these regulations to restrict fencing material in residential areas to those visually appropriate to the neighborhood. For that reason, front yard fences should be of a decorative type only.

2.

Approval for front yard fencing material other than that listed previously shall be at the discretion of the city community development department.

3.

Front yard fences shall not obstruct public walkways and shall be located a minimum of 12 feet from the pavement edge of any street. All fences on corner lots must comply with visibility requirements found elsewhere in this Code.

4.

Front yard and perimeter fences located more than 50 feet from a residential structure shall have a gateway capable of a minimum 16 feet clear width opening. The fire department must approve gates and locking devices.

5.

Height of front yard fences may not exceed four feet in height.

c.

Perimeter fences may be erected in residential zoning districts to comply with the following requirements:

1.

Platted lots containing one acre or less shall not have perimeter fencing unless at least one residential structure capable of being occupied and under the same ownership exists on the property or adjacent property.

2.

Platted and unplatted tracts of one acre or more may erect perimeter fences around vacant tracts provided the enclosed property is maintained to city standards and all applicable fencing requirements are met.

3.

C-1, C-2, C-3, I-1, and I-2 zoning districts. No fence may be erected without first obtaining a permit from the community development office of the city.

(3)

Commercial and industrial zone property.

a.

Owners of commercial and industrial zoned property may erect fences and cross fences to comply with the following:

1.

Buildings enclosed by perimeter fencing must have a gateway with a minimum clear space opening of 16 feet.

2.

Fences must be maintained in a state of good repair at all times by the property owners.

3.

Visibility at public intersections may not be obscured.

4.

Vacant lots may be enclosed provided the area is maintained to city standards.

5.

Commercial and industrial activities, including public parking areas, should be screened from view of residential and other uses.

b.

Fencing material may consist of the following:

1.

Wooden fences to include wood pickets, wood planks, and similar.

2.

Masonry wall and similar.

3.

Chain link.

4.

Other materials as approved by the city community development department.

(Code 2012, § 16-13-4; Ord. No. 2016-26, § 1, 10-3-2016)

Every fence, including those otherwise exempt from this Code, shall be maintained in good structural condition at all times. Fences containing painted surfaces shall be kept neatly painted at all times. The city inspector shall have the authority to order painting, repair, or removal of any fence constituting a hazard to public health, safety, or welfare.

(Code 2012, § 16-13-5)

(a)

All applications for fence permits shall be filed with the community development office on proper forms along with a permit fee to be established by mayor and council. The city inspector or community development director shall be responsible for reviewing all applications for completeness of information required within five days of receipt of application. If the application is found complete, it shall be processed. If the application is found incomplete, the applicant shall be notified by mail of deficiencies within five days.

(b)

Upon obtaining an application determined to be complete and upon a finding that all requirements of this Code have been satisfied, the community development office shall, within seven days, issue a permit for the requested fence structure.

(Code 2012, § 16-13-6)

(a)

Any applicant, who feels the decision of the city staff is in error and the applicant has been aggrieved, may appeal such ruling to the city board of adjustment. An appeal stays all proceedings in furtherance of the action appealed from unless the city inspector certifies to the board after the notice of appeal shall have been filed, on forms provided, with the city clerk that by reason of facts stated in the certificate of stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order granted by a court of record on application, on notice to the city inspector and on due cause shown. The board shall fix a reasonable time for the hearing of the appeal, give five days' public notice thereof by publication in a newspaper of general circulation in the city, such costs to be borne by the applicant, give due notice to the parties in interest, and decide the appeal within a reasonable time. At the hearing, any party may appear in person, by agent or by attorney.

(b)

The board shall have the following powers and it shall be its duty:

(1)

To hear and decide appeals where it is alleged there is error in any order, requirements, decision, or interpretation made in the enforcement of this article.

(2)

To hear requests for variances from the literal provisions of this article following required public notice for the erection of a fence in instances where strict enforcement of this article would cause practical difficulties due to circumstances unique to the individual fence under consideration, and grant such variance only when it is demonstrated that such action will be in keeping with the spirit and intent of this article.

a.

The board shall not permit as a variance any fence when the erection of which or the continuance of that is prohibited by this article.

b.

The board may impose reasonable conditions in the granting of a variance to insure compliance and to protect adjacent property. A violation of such conditions shall constitute a violation of this article.

c.

In exercising the powers mentioned in this subsection (b), the board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from, and may make such order, requirement, decision, or interpretation as ought to be made.

d.

The concurring vote of three members of the full board shall be necessary to reverse an order, requirement, decision, or determination of the city inspector, or to decide in favor of the applicant on any matter upon which it is required to pass under the ordinance, or to effect any variation in this article.

(c)

Any person or persons aggrieved by any decision of the board of adjustment may seek review by a court of record of such decision, in the manner provided by state law.

(Code 2012, § 16-13-7)

Any fence, wall, or similar structure existing at the time of approval of this article which violates or does not conform to the provisions hereof may be continued so long as such structure is safe, does not extend into the street or alley right-of-way, or create a nuisance or hazard. Such aforementioned structures may be repaired only but may not be enlarged or replaced except so as to conform with the provisions of this article.

(Code 2012, § 16-13-8)