Except as otherwise specifically provided in this Code or by state law or rule, the requirements of this article shall apply to the construction of fences within the city.

(Code 1987, app. A, § 34; Ord. No. 7365, § 1(part), 2-5-2001; Ord. No. 7394, § 1, 6-18-2001)

(a)

No fence shall be constructed without a permit.

(b)

Fences may be constructed to the property lines, but no fence shall be constructed or maintained upon or over and public right-of-way or alley.

(c)

No fence or walled enclosure shall exceed four feet in height for fencing that has a 25 percent or less opacity or three feet in height for all other fencing.

(d)

No fence or enclosure shall cause a sight obstruction to traffic within the sight triangle. For purposes of this subsection, the sight triangle is the area from the corner of a right-of-way intersection in each direction for a distance of 15 feet in residential zones or 30 feet in commercial zones from intersecting edges of pavement as projected to a point of meeting.

(e)

No fence shall be constructed or maintained in such a manner or of such design so as to:

(1)

Be hazardous or dangerous to persons or animals, or which will be located in the traffic sight triangle;

(2)

Materially damage the adjacent property by obstructing the view, shutting out the sunlight or hindering ventilation associated with the adjacent property; or

(3)

Adversely affect the public health, safety and welfare.

(a)

Rear yard fencing shall be constructed of wood that is cut or treated specifically for fencing material or brick, chain link or other approved fencing material designed for use in residential neighborhoods.

(b)

Posts may be metal (except "T" line posts, which are prohibited).

(c)

Board widths shall be no greater than 12 inches for solid, staggered or basket weave fences.

(d)

Solid panels of plywood, wafer board or similar construction material may be used only for temporary fences around construction sites for public safety.

(a)

Front yard fencing shall be constructed of wood that is cut or treated specifically for fencing material or vinyl, chain link, wrought iron, square tubing or metal tubing.

(b)

A decorative fence must be of open construction with no more than 25 percent opacity.

(c)

Plywood, wafer board or similar construction material and used construction or commercial objects, such as storage pallets, are prohibited.

(d)

All framework must be on the private (inside) portion of the property and all posts of a wire fence must be inside of the fabric.

(e)

All posts must be set in concrete to a minimum depth below the frost line, as required by the city.

(f)

Metal "T" line posts are prohibited.

(a)

Fences in residential districts may be constructed up to the property line and must be constructed of approved material pursuant to this article. No fence shall be composed in whole or in part of barbed wire.

(b)

Fencing may be up to six feet in height in rear or side yards, unless located within a sight triangle. Rear and side yard fencing locating with a sight triangle shall be limited to four feet for fencing having 25 percent or less opacity and three feet for opaque fencing; provided, however, that the fencing, regardless of height, may not impede sight distance.

(c)

Fences located in front yards may not to be taller than four feet for fencing with 25 percent or less opacity or three feet for fencing with opacity greater than 25 percent; provided, however, that the fencing, regardless of height, may not impede sight distance.

(d)

No fence shall be erected within five feet of an existing dwelling on an adjoining lot.

(e)

Fences enclosing swimming pools shall be a minimum of four feet high and located no closer than three feet to the pool structure. Swimming pool fences must meet all applicable building code regulations.

(a)

Fences in commercial districts may be constructed up to the property line in the side and rear yards so long as no portion of the fence is located closer to the front property line than the front corner of the building.

(b)

Front yard fencing other than a decorative fence and any fencing greater than six feet in height require a conditional use permit.

(c)

Fencing located within the sight triangle may be no more than 25 percent opacity.

Editor's note— Ord. No. 9738, § 3, adopted December 19, 2022, repealed §§ 46-302—46-304, which pertained to buffer fencing between residential and commercial or industrial properties, salvage yard screening, solid waste collection and processing facility screening and derived from Code 1987.