This article shall apply to all zoning districts of the city except the waterfront easement district (P-1).

(Ord. No. 2004-04, § 4(17.09.010), 2-17-2004; Ord. No. 2010-01, § 3, 2-16-2010)

(a)

Designation of building inspector. The building inspector is appointed to administer and implement the provisions of this article.

(b)

Duties and responsibilities of the building inspector. Duties and responsibilities of the building inspector shall include, but not be limited to, the administering of applications for fence building permits, monitoring fence installation to ensure compliance with this Code, investigation of alleged violations of this article and reporting same to city council, and assisting the city with the prosecution of persons believed to be in violation of this article.

(Ord. No. 2004-04, § 4(17.09.020), 2-17-2004; Ord. No. 2010-01, § 3, 2-16-2010)

(a)

A fence building permit shall be required to ensure conformance with the provisions of this article. Applicants for a fence building permit shall pay a permit application fee to the city upon filing said permit application with the city. If the application is approved, the applicant shall pay a permit fee to the city, and upon receipt of said payment, the building inspector shall issue the permit. The aforementioned fees are in amounts as established, from time to time, by the city council by resolution. Said resolutions are maintained in the office of the city secretary.

(b)

Application for a permit shall be presented to the building inspector on forms furnished by the building inspector and approved by the city council. The building inspector may also require additional information from the applicant to determine if the proposed fence is in compliance with other provisions of this Code, including, but not limited to, elevation surveys, plans in duplicate drawn to scale showing the fence location and dimensions, and its relation to existing structures. The building inspector may also require the applicant to provide evidence of the fence's compliance with the city's other laws and regulations, including, without limitation, chapter 38, pertaining to flood prevention.

(Ord. No. 2004-04, § 4(17.09.030), 2-17-2004; Ord. No. 2010-01, § 3, 2-16-2010)

(a)

Residential districts. The following regulations apply to lots located within the R-1 and A-1 zoning districts.

(1)

A fence may be erected and maintained on a building lot along or adjacent to a lot line within the required side and rear yards. Said fences may not exceed six feet and six inches in height.

(2)

Within these districts, a fence may also be erected in the front yard. A fence located in a front yard may not exceed four feet and six inches.

(3)

All fence heights shall be measured:

a.

From the lowest ground elevation, within three feet of either side of the lot line that is along and nearest to the proposed fence;

b.

To the uppermost part of the fence structure.

(4)

In the event that any building lot is bordered by a street on more than one side, any fence constructed along said street may not exceed four feet and six inches in height within 20 feet of said street right-of-way line.

(b)

Commercial districts.

(1)

Within a zoning district designated as C-1, C-2, C-3, NC or M-1, a fence may be erected and maintained along or adjacent to a lot line.

(2)

Said fence may not exceed eight feet and six inches in height. The fence height shall be measured:

a.

From the lowest ground elevation, within three feet of either side of the lot line that is along and nearest to the proposed fence;

b.

To the uppermost part of the fence structure.

(3)

Persons owning property zoned for any commercial use shall construct a fence at least six feet high along any building lot line that abuts property zoned for residential use.

(Ord. No. 2004-04, § 4(17.09.040), 2-17-2004; Ord. No. 2010-01, § 3, 2-16-2010; Ord. No. 2014-02, 2-4-2014)

No fence shall contain any substance such as broken glass, barbed wire, protruding spikes, nails, or similar materials designed to inflict pain or injury to a person or animal.

(Ord. No. 2004-04, § 4(17.09.050), 2-17-2004; Ord. No. 2010-01, § 3, 2-16-2010)

Fences shall at all times be maintained in a state of good repair.

(Ord. No. 2004-04, § 4(17.09.060), 2-17-2004; Ord. No. 2010-01, § 3, 2-16-2010)

Notwithstanding the provisions of this article, the regulations pertaining to barriers are in the International Building Code and International Residential Code, control over any conflicting regulations of this article to the extent of such conflict. However, the height of such barriers shall be measured from the ground elevation on the high side of the barrier and no part of the barrier shall exceed the greater of the minimum height limit established in the above-referenced codes or the maximum height limit established in applicable provisions of section 82-284.

(Ord. No. 2004-04, § 4(17.09.070), 2-17-2004; Ord. No. 2010-01, § 3, 2-16-2010; Ord. No. 2020-15, § 6, 8-4-2020)