For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   FRONT YARD FENCES. A fence located within the required front yard area for all zoning districts, or continuous with or in front of the front wall of the principal building on the site. It shall be considered as a structure and subject to the regulations of the city building regulations.

   SIDE OR REAR YARD FENCES. A fence located behind the front wall of the principal building on the site. It shall be considered as a structure and subject to the regulations of the city building regulations.

   SIGHT TRIANGLE. The area of the SIGHT TRIANGLE shall be determined by the characteristics of the street, drive, alley or railroad intersections by which the triangle is formed.

      (1)   An uncontrolled intersection shall require a SIGHT TRIANGLE, clear of sight impediments, measuring 50 feet along the curb line of both streets.

      (2)   A four-way controlled intersection shall require a SIGHT TRIANGLE measuring 20 feet along the curb line of both streets.

      (3)   A two-way controlled intersection shall require a SIGHT TRIANGLE measuring 20 feet along the curb line of the controlled street and 50 feet along the curb line of the uncontrolled street. If the uncontrolled street has a posted speed limit in excess of 35 mph, the SIGHT TRIANGLE shall measure 70 feet along the curb line of the uncontrolled street.

      (4)   The intersection of a drive or alley and a street shall require a SIGHT TRIANGLE measuring 20 feet along the drive or alley and 50 feet along the street. If the posted speed limit on the street is in excess of 35 mph, the SIGHT TRIANGLE shall measure 70 feet along the curb line of the street.

      (5)   The intersection of a street and a railroad shall require a SIGHT TRIANGLE measuring 70 feet along the railroad right-of-way line and 50 feet along the curb line of the street.

(Prior Code, § 11-17-1) (Ord. 2015-32, passed 10-20-2015)

   (A)   Only picket, vinyl, split rail, chainlink, decorative wrought iron (or galvanized steel, aluminum or similar material having the appearance of), ribbed or corrugated metal panels, stone, brick, stucco or specialty concrete block shall be permitted. Collar activated, radio, wireless or other electronic pet containment systems are allowed.

   (B)   Metal pieces, garage or other door panels, plywood sheets or other material not commonly used for fencing shall not be allowed in any zoning district. Barbed, chicken wire, hot wire or electric strand(s) fences shall not be allowed except in agricultural or industrial zoning districts.

   (C)   The architectural design and materials used shall harmonize with the main building to which the fence is accessory.

(Prior Code, § 11-17-2) (Ord. 2017-02, passed 2-23-2017)

   Retaining walls may be allowed to solve drainage or topographical problems.

(Prior Code, § 11-17-3) (Ord. 2015-32, passed 10-20-2015)

   (A)   Setbacks. Except as otherwise provided herein, the following setbacks shall apply to fences:

      (1)   Minimum distances to front lot line: An eight-foot setback is required if the fence is constructed with opaque or solid material exceeding four feet in height. No setback shall be required for other fences;

      (2)   Minimum distance to side lot line: None; and

      (3)   Minimum distance to rear lot line: None.

   (B)   View restrictions.

      (1)   Fences shall not cause a view obstruction.

      (2)   Hedges or other vegetation used as a barrier or in a manner similar to a fence shall not cause a view obstruction.

(Prior Code, § 11-17-4) (Ord. 2017-02, passed 2-23-2017)

   Except for properties zoned agriculture, fencing shall not be allowed on vacant lots.

(Prior Code, § 11-17-5) (Ord. 2015-32, passed 10-20-2015)

   (A)   No person shall erect, place or construct a fence, in whole or in part, without first obtaining a building permit. An application for a permit shall be made by the owner or lessee, or by an agent or either, or by a licensed contractor employed in connection with the proposed work.

   (B)   Fences shall not obstruct any public walkway, even if said public walkway is on private property.

   (C)   Fences shall not obstruct any public right-of-way.

   (D)   Fences shall not obstruct any drainage easement, even if said drainage easement is on private property.

   (E)   Fences shall not obstruct the “sight triangle”, as defined in § 11-17-1.

   (F)   Metal fences shall be capped on the top edge and level with or below the ground on the bottom.

   (G)   Fences shall be kept in good repair and in a safe condition at all times by the property owner and/or tenant.

(Prior Code, § 11-17-6) (Ord. 2017-02, passed 2-23-2017)

   (A)   Spiked caps or spears shall not be used on pickets under five and one-half feet in height.

   (B)   No front yard fence shall be erected within 25 feet of the intersection of any public or private street.

(Prior Code, § 11-17-7) (Ord. 2017-02, passed 2-23-2017)

   Spiked caps or spears shall not be used on pickets under five and one-half feet in height.

(Prior Code, § 11-17-8) (Ord. 2015-32, passed 10-20-2015)

   (A)   Preexisting fences legally constructed prior to November 1, 2015, shall be allowed to remain unless such fence constitutes a traffic hazard, blocks or restricts the visibility of motorists or pedestrians, or constitutes a hazard to the general health, safety and welfare of the public.

   (B)   All preexisting fences shall be maintained in good condition and shall not be structurally altered or expanded in any manner which increases the degree of nonconformity with this chapter.

   (C)   A fence which is destroyed or in a state of ruin or decay equal to more than fifty percent (50%) of its value, as determined by the Code Official, may be replaced or reconstructed to conform to this title at the option of the owner of the fence. A fence which is destroyed or in a state of ruin or decay equal to forty-nine percent (49%) or less of its value, as determined by the Code Official, may be repaired to its original condition at the option of the owner of the fence.

(Prior Code, § 11-17-9) (Ord. 2015-32, passed 10-20-2015)

   The violation of this chapter shall be punishable by a fine of up to $100 plus costs and fees. Each day that a violation continues shall constitute a separate offense.

(Prior Code, § 11-17-10) (Ord. 2015-32, passed 10-20-2015)