This section shall regulate the placement of fences within single-family and multiple-family residential zones within the City of Fairfax. From and after the date of adoption of this section, no fence shall be erected in any such zone without first obtaining a permit from the City of Fairfax.

Permits shall be issued for fences only if all provisions of this section are complied with. The City may, in its sole discretion, grant a variance for the placement of a fence that does not conform to the terms of this section.

No fences shall be erected in the front yard of any property in a residential zone. The "front yard" for purpose of this section is defined as all that portion of the yard between the front wall of the dwelling structure and the public street fronting the dwelling.

Any fence shall be considered a structure for the purpose of the setback requirement from the rear lot line of any lot.

For corner lots in a residential zone, no fence shall be erected in the yard facing the public street fronting the property. No fence shall be erected on the portion of the yard facing the side street of the property any closer to the side street than on a line which is the extension of the side wall of the home facing said side street and shall be no more than six feet in height.

All fences shall be built with a minimum setback of two feet from adjoining property to allow the owner of the fence sufficient access to maintain both sides of the fence, to include the control of grass and weeds along the fence line. No fence shall be constructed, erected, or maintained on utility easements and shall be built two feet from all alley right-of-ways. Depending on the nature of the fence and the property, the City may require a wider setback in its discretion.

Fences shall be no more than 3 1/2% feet in height fronting the property and no more than six feet in height in the rear or lot side of the property. No fences shall be constructed or erected higher than six feet except where residential adjoins commercial or industrial property where an eight-foot fence may be constructed or erected after obtaining a building permit and/or variance from the City. Fence construction material must be approved by the City, but a minimum requirement shall be that the construction material shall be treated or coated or of such material as to be resistant to rot and rust. Supporting posts must be buried at least 30 inches deep and must be substantial enough to stabilize the fence to keep it in a straight and erect position. No plywood, razor wire, snow fence, or materials originally intended for other uses shall be used in constructing a fence. Chicken wire is permitted only for residential garden uses. No barbed wire or electric fences or similar special purpose fences shall be allowed without a conditional use permit from the City. Seasonal snow fences are exempt from this section.

If city electric and gas meters are located behind a fence, the fence will have a gate that will be unlocked and be clear of debris, snow and/or ice so City meter readers can access the meters.

Decorative corner fences on corner lots, such as split rail or plantings, are allowed as long as they are less than 20 feet in both directions, do not exceed 30 inches in height and do not constitute a traffic hazard as determined by the Chief of Police. No fence shall constitute a traffic hazard.

All fences already in existence at the date of enactment of this section, and all fences erected within the City hereafter, shall be kept free of weeds and refuse, shall be maintained so as to avoid sagging, and shall be kept properly painted, stained, or rust-proofed, as appropriate for the material of which the fence is constructed.

Any replacement, repair or relocation of any fences already in existence at the date of enactment of this section shall comply with this section in all respects.

If any fence is found to be in violation of this section, the City shall notify the property owner by written notice served on the property owner personally or by U.S. Mail to the property owner's last known address, stating that the property owner has thirty days to bring the fence in compliance with this section. If the property owner fails to bring the fence in compliance with this section within said thirty-day notice term, the fence permit shall be considered void, and said fence must be immediately removed by the property owner. Current fences that are determined by the Chief of Police to be considered a potential threat to public health or safety shall be removed or changed to comply with this section after the property owner has been given the right to be heard by the City Council.