A.   Construction Standards: All residential fences and walls shall be constructed only of materials allowed by the city's municipal design standards for fences and walls as it may be amended from time to time by the city building department. The city's municipal design standards for fences and walls is incorporated herein by reference and a copy may be obtained from the city clerk at the Deming municipal building for a nominal charge for the cost of copies. (Ord. 991, 2-8-1999)

   B.   Compliance With Zoning Laws: No fence or wall shall be constructed in violation of any applicable zoning laws. (Ord. 984, 11-9-1998)

   C.   Height Limitation: No fence, hedge or wall closer than thirty feet (30') to the front lot line shall exceed a height of four feet (4') above ground level. No fence, hedge or wall, exceeding six feet (6') above ground level shall be allowed. (Ord. 1227, 10-8-2012)

   D.   Near Intersection: No fence or wall shall be higher than three feet (3') above ground level on that portion of any lot which is within thirty feet (30') of the intersection of two (2) or more streets.

   E.   Public Right Of Way: No fence or wall shall be allowed on any public right of way.

   F.   Swimming Pools: All residential swimming pools or yards containing swimming pools shall be completely enclosed by a wall or fence of at least four feet (4') in height.

   G.   Barbed Wire; Sharp Materials: No barbed or razor wire, broken glass or any other sharp or hazardous materials shall be used on residential fences or walls. (Ord. 984, 11-9-1998)

   A.   Construction Standards: All commercial fences and walls shall be constructed only of materials allowed by the city's municipal design standards for fences and walls as it may be amended from time to time by the city building department. The city's municipal design standards for fences and walls is incorporated herein by reference and a copy may be obtained from the city clerk at the Deming municipal building for a nominal charge for the cost of copies. (Ord. 991, 2-8-1999)

   B.   Compliance With Zoning Laws: No fence or wall shall be constructed in violation of any applicable zoning laws.

   C.   Height Limitation: No fence or wall with a height exceeding eight feet (8') above ground level shall be allowed.

   D.   Public Right Of Way: No fence or wall shall be allowed on any public right of way.

   E.   Swimming Pools: Except as provided in subsection 12-16-4B of this chapter, all swimming pools shall be completely enclosed by a wall or fence of at least six feet (6') in height.

   F.   Barbed Wire; Sharp Materials: No barbed or razor wire, broken glass or any other sharp materials shall be used on commercial fences or walls unless the bottom of the wire, glass or sharp material is at least six feet (6') above ground level. (Ord. 984, 11-9-1998)

Any retaining wall of four feet (4') or more in height shall be designed by a professional engineer licensed by the state. No building permit for such a fence or wall shall be issued without such design by a professional engineer as evidenced by the engineer's signature or stamp on the engineer's plan or drawing. (Ord. 984, 11-9-1998)

   A.   Tennis Courts: Tennis courts may have fences or walls with a height of up to sixteen feet (16') above ground level, provided the courts are located in the side or rear yard and are set back at least seven feet (7') from any property line.

   B.   Swimming Pools: Swimming pools at hotels, motels, recreational vehicle parks and all places of lodging shall be completely enclosed with a fence or wall of at least four feet (4') in height. Gates shall be self-closing, with an interior latch.

   C.   Variance Approval Process: For aesthetic or safety reasons, any residential or commercial landscaping, courtyard, entrance, patio fence or wall exceeding the maximum height requirements herein may be approved by the building inspector. Appeal of any decision of the building inspector hereunder shall be made to the planning and zoning commission as a variance request. (Ord. 984, 11-9-1998)