No person shall erect a fence in residential areas in the City without first securing a permit therefor.

(Ord. 2017-31. Passed 11-15-17.)

   (a)    The owner, part owner or occupant of any lot, premises or parcel of land within the City who desires to construct or erect a fence at any location within the City may apply to the Inspector of Buildings for the permit referred to in Section 1280.01.

   (b)    The Inspector shall issue such permit if the applicant:

      (1)    Submits a written application upon forms furnished by the Inspector or approved by him or her, with a plot plan of the lot, premises or parcel attached showing the exact location of the proposed fence, a description of the kind of fence and plans and specifications showing the elevations of the fence and sufficient details to show the method of assembly and construction. Each set of plans and specifications shall give the address of the work and the name and address of the owner and of the person who prepared the plans and specifications. Each application shall indicate the owner of the premises, the occupant of the premises and the contractor or other person to be permitted to construct or erect the proposed fence or arbor.

      (2)    Meets all the requirements of this chapter.

   (c)    Each application shall be accompanied by a fee of fifty dollars ($50.00) for the permit and a deposit of forty dollars ($40.00), which deposit will be refunded upon approval of the fence by the Inspector. In addition, each application shall also be accompanied by a check in the amount of sixty dollars ($60.00) to cover the cost of the review of the plans by the Architectural Board of Review, the handling of the application, and inspection of the construction by the Inspector of Buildings.

(Ord. 2017-31. Passed 11-15-17.)

   Decorative or ornamental fences or arbors may be erected in front yards subject to all of the following restrictions:

   (a)    They shall be no closer than five feet to the front lot line.

   (b)    They shall be no higher than four feet.

   (c)    They shall be of split-rail construction with one or two horizontal rails, or other construction of wood only approved by the Architectural Board of Review that is at least fifty percent open.

   (d)   A signed consent or waiver from the required person, committee or organization, if the subject property is restricted against the proposed structure, shall be filed with the Inspector of Buildings before a permit may be issued.

      (Ord. 2017-31. Passed 11-15-17.)

   Fences shall be permitted in side yards behind the building line upon the following

conditions:

   (a)    The fence shall not exceed six feet in height as measured from the normal surrounding grade. Fences on raised berms shall be permitted if the top of the fence is not greater than six feet above the normal surrounding grade.

   (b)    The fence shall be at least twenty-five percent open when viewed at a ninety-degree (90°) angle to the fence. Stockade fences and plain board-on-board fences are not permitted.

   (c)    A plan has been submitted pursuant to Section 1280.02 to the Architectural Board of Review and the Board has determined that the fence is compatible with the residence.
(Ord. 2017-31. Passed 11-15-17.)

   (a)    When the rear property line borders on a zone other than residential:

      (1)    The material for a fence may be of the owner's choice.

      (2)    The fence may be solid.

      (3)    The fence may not exceed ten feet in height.

   (b)    Where the rear property line borders a residential area:

      (1)    The fence shall not exceed six feet in height as measured from the normal surrounding grade. Fences on raised berms are permitted if the top of the fence is not greater than six feet above the normal surrounding grade.

      (2)   The fence shall be at least twenty-five percent open when viewed at a ninety-degree angle to the fence. Stockade fences and plain board-on-board fences are not permitted.

      (3)    A plan has been submitted pursuant to Section 1280.02 to the Architectural Board of Review and the Board has determined that the fence is compatible with the residence.
(Ord. 2017-31. Passed 11-15-17.)

   Swimming pool fences are regulated as provided in Chapter 1488.

(Ord. 2017-31. Passed 11-15-17.)

   Tennis court fences are regulated as provided in Chapter 1490.

(Ord. 2017-31. Passed 11-15-17.)

   Entryway fences shall be constructed or erected more than five feet behind the street right- of-way line. The plans must be approved by the Architectural Board of Review and the owner may choose the materials subject to approval by the Architectural Board of Review.

(Ord. 2017-31. Passed 11-15-17.)

   The owner of any lot or parcel where anything in violation of this chapter is placed or exists, and any architect, builder or contractor who assists in the commission of any violation, shall be deemed to be in violation of this chapter.

(Ord. 2017-31. Passed 11-15-17.)

   Fences shall be permitted in rear yards for the purpose of protecting landscaping and other vegetation from destruction by deer upon the following conditions:

   (a)    The fence shall not exceed eight feet in height, as measured from the normal surrounding grade. Fences on raised berms shall be permitted if the top of the fence is not greater than eight feet above the normal surrounding grade.

   (b)    The fence shall be at least ninety-two percent open when viewed on a ninety degree angle to the fence, and shall have a mesh opening of at least three square inches.

   (c)    The fence shall be made of black UV light resistant polypropylene or similar material designed for low visibility which shall not exceed 1/l0th inch in thickness or width.

   (d)    The fence shall be supported by existing trees where practicable. Posts, when necessary, shall be black, shall be no greater than 1 3/4 inches in diameter, and shall be spaced no closer than 15 feet apart.

   (e)    A plan has been submitted pursuant to Section 1280.02 to the Architectural Board of Review and the Board has determined that the fence complies with this section.

   (f)    A temporary deer fence which encloses 1,000 square feet or less of property devoted to a garden does not require the submittal of a plan or approval by the Architectural Board of Review. The applicant for a temporary deer fence is not required to pay a permit fee, a deposit or the Architectural Board of Review fee.

      (Ord. 2017-31. Passed 11-15-17.)