Obetz City Zoning Code
CHAPTER 1173
Fences
1173.01 PURPOSE AND SCOPE.
The purpose of this section is to establish regulations controlling the location, installation and standards for fences in order that a property owner may construct a fence which retains the privilege of privacy, allows attractive landscape design, or offers reasonable security while assuring that such fences are located and constructed to respect the rights and enjoyment of neighboring property owner, the appearance of the community, and the overall health, safety, and public welfare of its residents.
This section sets forth regulations pertaining to the location, installation and standards for new fences in all zoning districts in the Municipality. Any fence erected prior to the date of this section, which does not comply with these regulations, shall be nonconforming. However, the Zoning Inspector may order appropriate remedial measures to alleviate any hazardous conditions related to any fence, whether newly constructed following adoption of this section, or constructed prior to the adoption of this section, whether conforming or nonconforming, when the Zoning Inspector determines that such condition, without immediate remedial measures jeopardizes the health and safety of nearby residents or occupants. (Ord. 33-03. Passed 5-5-03.)
1173.02 DEFINITIONS.
(1) "Fence" means an artificially constructed barrier of wood, masonry, stone, wire, metal, vinyl, or other manufactured material or combination of materials erected to enclose, screen, or separate areas. For purposes of this Zoning Code, a fence shall not be considered an accessory structure.
(2) "Fence, barbed wire" means one or more strands of wire or other material having
intermittent sharp points of wire or metal that may puncture, cut, tear, or snag persons, clothing, or animals. The term "barbed wire" as used herein excludes razor ribbon.
(3) "Fence, chain link" means an open mesh fence made entirely of wire woven in squares of approximately 1.5 inches in diameter with vertical supports spaced not less than six feet, and not more than eight feet, apart.
(4) "Fence, decorative" means a designed open or solid fence or wall that meets all of the following: (a) It contributes to the identification and beauty of the principal use; (b) It is not erected to satisfy any other provision of this code; (c) It does not act as a retaining
structure; (d) It is not a privacy or stockade fence.
(5) "Fence, privacy" means a fence no more than six feet in height intended to inhibit public view and provide seclusion, and when viewed at right angles has less than sixty-six percent (66%) of its area open to light and air. Examples of privacy fences include but are not limited to:
A. Basketweave or woven fences. Made of interwoven strips of slats of flexible material in which the pattern has the appearance of a "basketweave". |  |
B. Louver or ventilating fences. Made of a series of slats pl aced at an angle or positioned so as to provide air but to d eflect light perpendicular to its plane. |  |
C. Board on board fence, also known as a stockade fence. A fence made of vertical wood planks supported by horizontal framing with the vertical planks usually mounted on alternating sides of the framing. The planks may or may not be placed with a space between. |  |
D. Masonry walls. |  |
(6) "Fence, temporary" means fences erected for a specific function and limited time duration. For the purposes of these regulations, temporary fences are limited to "snow fences" in place no longer than from November 1 - April 15, and "construction fences" which enclose a construction site for the duration of the construction period.
(7) "Fence height" means the height above the horizontal property grade that represents not less than sixty percent (60%) of the property plane.
(Ord. 37-13. Passed 8-12-13.)
1173.03 STANDARDS.
(a) General Standards for All Zoning Districts.
(1) No barbed wire fence or similar sharp point fence shall be constructed, erected or maintained in any district except for agricultural uses.
(2) Electrically charged fences shall be forbidden in all districts except on sites of more than ten (10) acres used to confined livestock.
(3) All fences shall be maintained in good condition, be structurally sound and attractively finished at all times. Any ground between the fence and property line shall be well maintained.
(4) Board on board or stockade fences are prohibited on parcels that abut on an improved right-of-way.
(5) All fences and walls must present the finished non-structural face outward.
(6) No fence or wall may be placed within the sight visibility triangle defined in Section 1165.03(g). No fence or wall shall be permitted to encroach upon public rights-of-way or easements.
(7) No mesh wire fence shall be construed in any district.
(8) No fence shall be construed on any property line; nor shall any fence be constructed on or within any easement.
(9) No fence shall be constructed beyond the front building line unless said fence is a decorative fence as defined in 1173.02. Refer to 1173.03(b) for decorative fence standards for residential districts. Refer to 1173.03(c) for decorative fence standards for commercial, office, and industrial districts.
(10) All fences on a parcel shall have a unified style.
(11) Guardrails shall not be used as fencing.
(b) Standards for Residential Districts.
(1) Front yards. All front yard fences will require a Conditional Use permit according to the requirements of Chapter 1181. In front yards only the following fences shall be permitted unless otherwise prohibited by deed restrictions:
A. Decorative fences to a maximum height of three (3) feet provided that said fence complies with Section 1173.03(a).
B. Open fences designed to only partially enclose an area. An example of this would be a short length of white picket fencing incorporated into a landscape treatment along a walkway to a porch.
(2) Side and rear yards. The following shall be permitted unless prohibited by deed restrictions:
A. Chain link fences to a maximum height of four (4) feet.
B. Fences to a maximum height of six (6) feet, including privacy fences unless the property line abuts property in a commercial or industrial district. When the property line abuts property in a commercial or industrial district, a fence with a maximum height of eight (8) feet may be constructed.
(3) Other. The following shall be permitted:
A. Chain link fences shall be permitted in residential districts for sport applications. Chain link fences for full size tennis courts, basketball courts, baseball diamonds, softball diamonds and other similar applications are limited to ten feet in height.
(c) Standards for Commercial, Office, and Industrial Districts.
(1) All fences erected in a commercial, office, or industrial district require a Conditional Use Permit consistent with the requirements of Chapter 1181.
(2) Chain link fences shall be permitted in order to secure the premises and for sport applications.
(3) Chain link fences are limited to the buildable area of the lot.
(4) Chain link fences are limited to a maximum height of five feet above grade except as specifically stated otherwise. Chain link fences for full size tennis courts, basketball courts, baseball diamonds, softball diamonds and other similar applications are limited to ten feet in height.
(5) In industrial districts only, chain link fences are permitted forward of the principal structure but shall not encroach into the minimum required front building setback.
(6) The use of wood, metal, plastic or fiberglass strips woven into chain link fence is prohibited.
(7) Chain link fences viewable from public rights-of-way shall be screened with evergreen trees and shrubs. (Ord. 33-03. Passed 5-5-03.)
1173.04 ADMINISTRATION.
(a) Permit Required. No fence shall be constructed, altered or reconstructed without a permit from the Zoning Inspector and after such application has been approved.
(b) Inspections. It shall be the duty of each property owner to determine property lines and to ascertain that the fence thus constructed does not deviate from the plans approved by the Municipality, and such fence does not encroach upon another lot or parcel of land nor is it in violation of any deed restrictions. The Municipality shall furnish such inspection as is deemed necessary to determine that the fence is constructed in accordance with plans submitted for permit, provided, however, that the issuance of the permit by the Municipality shall not be construed to mean that the Municipality has determined that the fence is not encroaching upon another lot, nor shall it relieve the property owner of the duty imposed upon him therein.
(Ord. 33-03. Passed 5-5-03.)