Partition fence or line fence. A fence placed on the division line between adjacent properties (the property line).

(Ord. No. 2024-53, § 1(Exh. A), 7-2-24)

(a)

No fence, wall, or screening shall be erected, constructed, altered, extended, relocated, or rebuilt without first obtaining approval, either with an individual zoning certificate or as part of another application in which the fencing is only one portion of the project.

(b)

An existing fence being converted to a new style of fence (chain link to privacy, wood to vinyl, etc.) shall be considered an altered fence subject to a new permit.

(c)

Fencing shall be located entirely on the property for which the zoning certificate has been issued. Fences may only extend beyond property lines if the affected lots have the same ownership.

(d)

Only the property owner(s) can apply for a zoning certificate. If a fence is proposed to be installed on rented or leased property.

(e)

The location of property lines shall have been determined and documented by a professional licensed surveyor, and the boundaries marked by pins or stakes, or the applicant shall provide a written signed statement that the proposed fence location has been marked on the lot and the abutting neighbors shall have submitted to the zoning inspector written approval of the location of the proposed fence.

(f)

A drawing, site plan, or plat map displaying property boundaries, the location of the buildings and structures on the property, the proposed location of the fence, and its distances from the existing structures on the property must be provided.

(g)

Fencing and fence posts must be structurally stable and constructed of wood, metal, bricks, masonry, vinyl, or other materials designed for permanent outdoor fencing. Wood fence posts must be treated lumber or other decay-resistant wood.

(h)

All fencing shall have the finished side, with no exposed structural supports, facing adjacent properties, streets, or places. All fence framing or support members shall face the property owner (inward).

(i)

Fences shall be installed plumb, and the top finish of the fence shall be uniform. Fences shall follow the contour of the ground to the extent practical. Adjustments for grade shall occur at the bottom of the fence.

(j)

Fences shall only be constructed in conformance with the provisions of this chapter and the zoning certificate issued.

(Ord. No. 2024-53, § 1(Exh. A), 7-2-24)

(a)

Fences shall be located at least one foot off any property line. Line fences shall only be permitted if all affected adjacent property owners sign the permit application.

(b)

Fences and/or screening of a purely decorative nature are permitted to extend up to five feet into the front yard from the principal building and parallel to the street.

(c)

Fences and/or screening within front and side yards extending from the front line of the principal building toward the street right of way shall not exceed three and one-half feet above the established front yard grade.

(d)

All fencing placed in front yards, in addition to meeting the maximum height requirements in subsection (c) above, may be placed one foot from the street right-of-way if said fencing is a picket or similar style fencing. However, if the fencing is entirely solid in nature, then fencing must be placed at least five feet from the street right-of-way or, if a corner lot, at least five feet from both street right-of-way.

(e)

Fences and/or screening in rear and side yards extending from the front of the principal building toward the rear lot line shall not exceed more than six feet above the established rear yard grade.

(f)

Mounding of soil to elevate a fence higher than the surrounding grade is prohibited.

(Ord. No. 2024-53, § 1(Exh. A), 7-2-24)

(a)

Incomplete fences consisting only of posts and supporting members.

(b)

Materials not manufactured explicitly for fencing cannot be used for fencing or screening.

(c)

No fence shall be constructed of dangerous materials such as highway guardrails, corrugated metal, sheet metal, metal wire, plastic mesh, snow fencing, plywood, pallets, discarded or scrap materials, doors, tires, cardboard, shingles, tree limbs or tree trunks, or other such materials that are not designed for use as fencing material and/or are not sufficiently weather resistant, durable, stable, and/or fire resistant.

(d)

Injurious materials, such as barbed wire, razor ribbon, electric fences, or spike fences, are not permitted in any zoning district except industrial unless the same is used to protect a public facility, and then the same shall not be lower than six feet.

(e)

No fence shall be located within any easement except with prior written approval from those agencies having an interest in such easement. In the event any fence restricts access to or use of rights-of-way and easements, it shall be the fence owner's responsibility to provide access upon city request or other affected agency or utility provider request.

(f)

No fence shall be installed in a manner or location that obstructs or alters the drainage of the lot on which it is located or of any abutting lot.

(g)

Chain-link fences may not be utilized as a means of support for wooden privacy fences.

(h)

Fences may not lean inward or outward and/or be supported by materials that prevent the fence from falling.

(Ord. No. 2024-53, § 1(Exh. A), 7-2-24)

(a)

Fences may be inspected for compliance with the provisions of this zoning code.

(b)

Fences, walls, and screening shall be maintained in good repair, be structurally sound, and be attractively finished at all times. Fences shall be maintained to prevent rust, corrosion, and deterioration so as not to become a public or private nuisance and so as not to be dilapidated or a danger to adjoining property owners or the public. Fences shall not create a patchwork appearance, which indicates a state of disrepair.

(Ord. No. 2024-53, § 1(Exh. A), 7-2-24)

Temporary fences may be constructed without a permit for the following reasons:

(a)

As required due to an unsafe building, right-of-way, or utility maintenance emergency.

(b)

A construction fence in conjunction with a site with active building permits.

(c)

In conjunction with an approved temporary special land use permit or any permitted special event. Temporary fences of this nature may only be maintained for the length of the approved permit or through the duration of the special event.

(d)

Temporary fences may be constructed of materials or in a manner not consistent with the provisions of this chapter but shall not be constructed in a manner designed to cause a hazard to public safety.

(e)

If a temporary fence exists for 30 days or more, the city manager may require a zoning certificate and/or that the fence complies with any provision of this chapter.

(Ord. No. 2024-53, § 1(Exh. A), 7-2-24)

If any fence is installed, erected, constructed, or maintained in violation of any of the provisions of this chapter, the fence shall be considered a public nuisance violation, and the city manager will:

(a)

Notify the owner or lessee of the fence in question to repair or replace the fence so as to comply with this chapter or remove it.

(b)

Find the owner or lessee of the fence in violation of chapter 1305—"Real Property Public Nuisance Abatement" and have the violation abated at the property owner's expense.

(c)

Levy an administrative citation in accordance with chapter 1306—"Administrative Property Code Enforcement."

(Ord. No. 2024-53, § 1(Exh. A), 7-2-24)