(a)

Intent. This section is intended to promote the general health, safety and welfare of the residents of the city by regulating the height, location, design, construction and maintenance of fences within the city limits.

(b)

Definitions. For purposes of administering this section, the following interpretations and definitions shall apply; words and terms not explicitly defined in this section shall have the meanings given in section 80-492, and words and terms not explicitly defined in this section shall have the meanings given by common use and as defined in the latest edition of Webster's New Collegiate Dictionary:

Fence means a structure serving as an enclosure, a barrier, or a boundary, usually made of posts or stakes joined together by boards, wire or rails.

Fence height means the vertical dimension from the natural ground level to the top of the fence measured at any point along the length of the fence.

Natural ground level means the level of the ground prior to any recent manmade changes in the elevation of the ground. For purposes of administering this section, "natural ground level" shall also include the level of the ground established on any site plan or landscape plan approved in accordance with the city's review process for site plans and subdivision plats.

Yard, front means an unoccupied area extending the full width of the lot located between the front line and the front yard setback line. On corner lots, the front yard shall be considered as parallel to the street upon which the lot has its least dimension.

(c)

Administration.

(1)

Primary responsibility. The building official shall have the primary responsibility for administering this section.

(2)

Permits. A building permit shall be required for the construction or alteration of any fence. As a part of the permitting process, the building official shall review plans, issue permits, inspect installations, and in general secure compliance with the requirements of this section. All fences in the city must comply with the provisions of this section.

(3)

Hazardous conditions. If the building official determines that a hazardous condition exists in the city, he may require the installation of a fence adequate to protect the safety of the general public. If such a fence is required, it must also comply with the appropriate standards for the area in which it is located.

(4)

Temporary fence. The building official may permit the installation of a temporary fence at a construction site, if it is felt that the fence would be necessary to protect the public safety or would be necessary to provide proper security for the site. A temporary fence shall remain in place for no more than one year and must comply with the following conditions:

a.

In residential zoning districts, a temporary fence shall not exceed six feet in height if located within any setback area.

b.

In any commercial or industrial zoning district, a temporary fence shall not exceed eight feet in height if located within any setback area.

c.

No signs shall be attached to any temporary fence.

(5)

Enforcement. The building official is responsible for the enforcement of this section.

a.

If a suspected violation is reported, it will be investigated by the code enforcement officer.

b.

If it is determined that a violation has occurred, the city shall notify the property owner of the violation as well as the steps that should be taken to correct the violation.

c.

If the property owner does not agree to take immediate action to correct the violation, the city shall take any action as provided by law, including the issuance of a citation, to promptly and properly correct the violation.

d.

A property owner may request a variance as provided in article VI of this chapter.

e.

If a fence legally exists at the time of the enactment of this section, it shall continue to be allowed to exist as a nonconforming use, but must still be properly maintained.

f.

If a nonconforming fence is substantially damaged or is allowed to fall into a state of disrepair, it shall be required to either be removed or brought into conformance with this section.

g.

No nonconforming fence shall be extended in any way except as permitted by this section.

(d)

General standards.

(1)

All fences built or erected within the city shall conform to the standards specified in this section.

(2)

No fence in excess of four feet in height shall be installed within 40 feet of the right-of-way of a major thoroughfare.

(3)

For any zoning lot adjacent to a greenbelt or buffer that is required along a major thoroughfare, no fence in excess of four feet in height shall be installed within 35 feet of the right-of-way of that thoroughfare.

(4)

No privately-owned fence shall be installed within any public street right-of-way or within any city-owned property.

(5)

No fence shall be installed so that, in the opinion of the city engineer, it obstructs vision at any street intersection, or in any way creates a hazard to traffic.

(6)

No fence shall be installed so that, in the opinion of the fire chief, it prevents or unduly restricts access to property for emergency purposes.

(7)

If a fence is designed so that its structural supports are primarily on one side, that side must always be toward the interior of the property.

(8)

Wire fencing may be attached to the interior of or made a part of any wooden, stone, brick, wrought iron, or other such non-wire-type fencing, where the other type fencing would not provide an adequate barrier to certain pets or animals. When so applied, the wire shall be vinyl coated or painted in a standard dark brown, dark green or black color. When used under these conditions, it shall not be considered a wire fence.

(9)

If a fence is required by any governmental authority to provide for the safety and security of the residents of the city, that fence shall not be removed or otherwise left in an unsafe condition for any reason without the approval of the building official, and without proper precautions being taken to provide for continuous protection.

(10)

It shall be the responsibility of the owner of the property on which a fence is located to maintain that fence in good and proper repair so that at all times it presents a neat and orderly appearance to surrounding property owners and to the general public.

(11)

Any fence damaged by accident or an act of God shall be properly repaired within 90 days of the occurrence. Fencing required for public safety purposes shall be repaired immediately.

(12)

Swimming pool fences shall be constructed in accordance with the specific requirements for pools, as indicated in the International Swimming Pool and Spa Code, latest edition.

(13)

In those instances where fence height is limited to four feet, fences with intermittent decorative feature such as newels or finials may exceed four feet in height for those features, but in no case shall these features exceed more than four feet six inches in height.

(e)

Residential standards.

(1)

The standards in this section shall apply to all fences in the following zoning districts: AG, R-1, R-2, R-3, R-4, R-CT, RM-12, RM-36 and PD.

(2)

No fence or portion of a fence shall exceed six feet in height; however, if a property owner wishes to install a tennis court or some other similar special-purpose facility, a fence not to exceed eight feet in height may be erected on the condition that the site plan for the special purpose facility is first approved in accordance with the city's site plan review process.

(3)

Unless further restricted by this section, no fence within a required side or rear setback area shall exceed six feet in height; however, if due to variations in topography or if the fence contains decorative features such as newels or finials, it may exceed six feet in height, but in no case shall it exceed seven feet in height.

(4)

No fence comprised of metal parts shall be installed in a residential area unless all exposed metal parts are vinyl-coated or painted a standard dark brown, dark green or black color to blend into the natural surroundings.

(5)

No fence in excess of four feet in height shall be installed within the required setback area that adjoins a street right-of-way. In addition, no fence in excess of four feet in height shall be installed within a residential front yard.

(6)

No fence installed in a residential front yard shall be constructed of any material that restricts the view through such fence by more than 50 percent of the total barrier as viewed from the street.

(7)

Except as provided in subsection (e)(8) of this section, no fence, which is constructed of wire, including chain link fencing, shall be installed between the principal structure on a residential zoning lot and any adjoining street right-of-way.

(8)

In AG zoning districts, fences constructed of wire may be constructed in the front yard, outside the required front setback area, except on those lots of three acres or less that are developed or intended to be developed for single-family residential use.

(f)

Commercial standards.

(1)

The standards in this section shall apply to all fences in the following: O&I, DTMU, C-1 and C-2.

(2)

No fence or portion of a fence shall exceed eight feet in height, unless specifically approved in accordance with the city's site plan review process; however, in no instance shall any fence exceed ten feet in height.

(3)

No fence comprised of metal parts shall be installed in a commercial area unless all exposed metal parts are vinyl-coated or painted a standard dark brown, dark green or black color to blend into the natural surroundings.

(4)

No fence which is constructed of wire, including chain link fencing, and no fence in excess of four feet in height shall be installed between the principal structure on a zoning lot and any adjoining street right-of-way line. On a zoning lot with multiple street frontages, this restriction shall apply on all street frontages. On a zoning lot with no principal building erected on the lot, this restriction shall apply to required setback areas that adjoin a street right-of-way.

(g)

Industrial standards.

(1)

The standards in this section shall apply to all fences in the following zoning districts: M-1 and M-2.

(2)

No fence or portion of a fence shall exceed ten feet in height.

(3)

No fence comprised of metal parts shall be installed in a front yard setback area unless all exposed metal parts are vinyl-coated or painted a standard dark brown, dark green or black color to blend into the natural landscape.

(4)

No fence which is constructed of wire, including chain link fencing, and no fence in excess of six feet in height shall be installed between the principal structure on a zoning lot and any adjoining street right-of-way line. On a zoning lot with multiple street frontages, this restriction shall apply on all street frontages. On a zoning lot with no principal building erected on the lot, this restriction shall apply to all required setback areas that adjoin a street right-of-way.

(Ord. No. 2014-20, § 1(exh. A), 8-25-2014; Ord. of 10-28-2019(1); Ord. No. 2023-12, § 1(Exh. A), 7-24-2023)

Editor's note— Ord. No 2023-12, § 1(Exh. A), adopted July 24, 2023, renumbered the former § 80-478, which pertained to definitions, as art. XV, § 80-495. Inasmuch as there were already provisions so designated, said section has been codified herein as § 80-492 at the discretion of the editor. The historical notation has been retained with the amended provisions for reference purposes.