The intent of this article is to regulate the size, location, type, number, and maintenance of fences within the city and to promote the public's health, safety, and welfare. Fences should be compatible with the surrounding environment and minimize the visual impact on both residents and visitors.

(Code 1977, § 17.48.010; Ord. No. 06-04, 2006)

(a)

Subject to the limitations and termination provisions hereinafter set forth, any lawful existing nonconforming fence may be continued so long as it otherwise remains lawful after the effective date of the ordinance from which this chapter is derived. No nonconforming fence shall be:

(1)

Changed or altered in any manner which would increase the degree of its nonconformity;

(2)

Expanded;

(3)

Changed or altered to prolong its useful life;

(4)

Moved in whole or in part to any other location where it would remain nonconforming.

(b)

Any nonconforming fence that meets any of the criteria in subsection (a) of this section shall be subject to the provisions provided in this chapter. Should any nonconforming fence be damaged to at least 50 percent of its replacement cost, the fence shall not be replaced except according to the provisions provided in this chapter.

(Code 1977, § 17.48.030; Ord. No. 06-04, 2006)

No fence shall be constructed, erected, converted, altered, rebuilt, enlarged, remodeled, relocated, or expanded until a permit for such fence has been obtained in accordance with the standards and procedures set forth by the city. No fence shall be installed before a permit is issued. A fence permit is not required for minimal alterations to an existing fence or regular maintenance, or for fences less than 30 inches in height.

(1)

Application to be filed. The applicant shall file an application for a fence permit with the zoning administrator of the city accompanied by a filing fee to be established by the city council.

(2)

Application requirements. The application shall contain the following requirements:

a.

The name, address, and phone number of the applicant, owner, and person or firm erecting the fence.

b.

Location of the building or structure for which the fence is proposed.

c.

A drawing of the proposed fence to accurate dimensions indicating height, dimensions, material, and elevation and state specifically the type offence, location on the lot, and any landscaping of the fence. The drawing should show the entire lot complete with setbacks to all property lines, existing building footprint, signs, north arrow, and scale.

d.

The fee for issuance of a fence permit shall be as provided in the city fee schedule.

(3)

Review by zoning administrator. The zoning administrator shall review the fence permit application to determine whether it complies with all of the applicable regulations within this chapter. The zoning administrator shall decide whether the fence permit application be granted or denied as they relate to the standards and the purposes of the fence classifications of the city. All fences shall be inspected by the zoning administrator to ensure compliance with the application filed with the city.

(Code 1977, § 17.48.040; Ord. No. 06-04, 2006; Ord. No. 21-09, § 11, 5-24-2021)

The following fences are prohibited in all districts in the city:

(1)

Fences that constitute a traffic hazard.

(2)

Barbed wire, razor wire, chicken wire, the electrification of fencing, and other similar fences that poses a threat to the public's health and safety are expressly prohibited. However, the zoning administrator may permit fencing which includes barbed wire on the top of fences over eight feet in height located in an industrial district if erected or maintained about properties deemed to be in hazardous usage or in need of additional security.

(3)

Fences made of solid plywood, scrap lumber, concrete, or cinderblock.

(4)

Fences that prevent natural water drainage and/or water runoff.

(Code 1977, § 17.48.050; Ord. No. 06-04, 2006)

(a)

Location.

(1)

A fence may be located within any district in the city subject to the provisions for each district found in this chapter.

(2)

A fence, including all posts, bases, and other structural parts shall be located completely within the boundaries of the lot on which it is located.

(3)

No fence shall be located closer than 18 inches from a public sidewalk.

(4)

No fence shall be located closer than 15 feet from any intersection of a street or alley and a driveway if the height exceeds three feet.

(5)

Fences shall not be installed in or through a stormwater detention or retention pond, wetlands, or water bodies, or shall a fence be installed less than ten feet from the inlet or outlet opening or less than such greater distance as may be required by generally accepted engineering principals, as approved by the city engineer.

(6)

Fences may be erected for tennis courts, provided they are not more than 12 feet in height, all portions above seven feet in height are open fences, and are not closer than five feet from any lot line.

(7)

Fences should be located so as to avoid removing existing trees and other vegetation.

(b)

Gates or doors.

(1)

All gates or doors shall be equipped with self-closing and self-latching hardware keeping the gate or door secured at all times when not in use.

(2)

All gates or doors shall match the design and construction of the fence.

(3)

All latches on gates shall be at least four feet above ground level.

(c)

Design.

(1)

All fences so constructed shall be designed in such a manner that the posts of the fence shall be on the interior of the fence and face the property of the owner or tenant responsible for authorizing the construction of the fence. The finished side shall face away from the property.

(2)

All fences should be compatible with the adjacent building and fence design and minimize the visual impact on the character. Chainlink fences are permitted but are not recommended.

(3)

Open fences in commercial or industrial districts adjacent to residential districts shall be screened with berms and/or landscaping.

(d)

Safety and maintenance.

(1)

The owner of a fence shall be required to maintain the fence in good structural condition. The fence and fence supports must be regularly painted to prevent rust and corrosion.

(2)

Fence posts for all chainlink fences shall be at least 1½ inches in diameter.

(3)

All fence posts shall be securely set at least two feet into the ground.

(4)

All fences three feet in height or lower shall have a wind load design of at least ten pounds per square foot.

(5)

All fences exceeding three feet in height shall have a wind load design of at least 20 pounds per square foot.

(Code 1977, § 17.48.060; Ord. No. 06-04, 2006; Ord. No. 21-09, § 12, 5-24-2021)

(a)

Fences may be constructed in or projected into yards, provided that:

(1)

No fence or planting more than four feet high or 30 percent solid shall be located within the visibility triangle;

(2)

No fence more than four feet high may be located closer to the front of the lot than the principal building; and

(3)

No fence higher than six feet high shall be allowed on any part of the lot.

(b)

Residential properties that abut railroad tracks or commercial or industrial uses are allowed fences to a height of eight feet. Such fences may only be permitted along the property lines that abut the tracks or commercial or industrial uses.

(Code 1977, § 17.48.070; Ord. No. 06-04, 2006; Ord. No. 21-09, § 13, 5-24-2021)

(a)

No fence shall exceed a height of three feet in a front or side yard and shall only be used for decoration.

(b)

No fence shall exceed a height of eight feet in a rear yard and shall only be used for decoration or as a screening feature.

(c)

Any fence exceeding three feet in height shall have a setback of at least 25 feet from any public right-of-way.

(Code 1977, § 17.48.080; Ord. No. 06-04, 2006)

(a)

No fence shall exceed a height of eight feet and shall only be used for security or as a screening feature.

(b)

All fences other than those intended for decoration or screening shall be buffered with berms and/or landscaping.

(Code 1977, § 17.48.090; Ord. No. 06-04, 2006)