FRONT YARD FENCES, WALLS AND/OR HEDGES OR OTHER VEGETATION USED AS A BARRIER: A fence, wall and/or hedge or other vegetation used as a barrier, located within the front yard for all zoning districts, or continuous with or in front of the front wall of the principal building on the site, shall be considered as a structure and subject to these regulations, except as otherwise herein provided.

SIDE OR REAR YARD FENCES AND WALLS: A fence, wall and/or hedge or other vegetation used as a barrier, located behind the front wall of the principal building on the site, shall be considered as a structure and subject to these regulations, except as otherwise herein provided.

SIGHT TRIANGLE: The area of the sight triangle shall be determined by the characteristics of the street, drive, alley or railroad intersections by which the triangle is formed as related to the restriction such barriers may cause to the vision of drivers, persons on bicycles or pedestrians using the rights-of-way and as otherwise provided by Section 12-702C.

A.   No wall or fence shall exceed eight (8) feet in height.

B.   Fencing shall not cause any obstruction to or block any public right-of-way or easement, including but not limited to utility easements (where fencing shall be placed on either the easement line or the property line, depending on the remaining fence placements in the adjacent lots); provided however, the City and all persons, firms and corporation having a right to access and use of any right-of-way or easement, whether created by franchise, ordinance, contract or otherwise issued by the City, may remove any fence blocking access in order to construct, maintain, repair their particular system and will not be liable to the owner for damages or to reconstruct the fence. Walls shall not be placed on any right-of-way or public easement.

C.   No fencing or walls and/or hedge or other vegetation used as a barrier shall be allowed to obstruct the sight triangle at intersections or corners. On any corner lot on which a front and side yard is required, no wall, fence, sign, structure and/or hedge or other vegetation used as a barrier, which obstructs sight view lines at elevations between two (2) feet six (6) inches and six (6) feet above any portion of the crown of the adjacent roadway, shall be placed or maintained within a triangle formed by measuring from the point of intersection of the front and exterior side lot lines a distance of twenty-five (25) feet along the front and side lot lines and connecting the points so established to form a sight view triangle on the area of the lot adjacent to the street intersection.

D.   Only picket, vinyl, split rail, chain link, decorative wrought iron (or galvanized steel, aluminum or similar material having the appearance of), ribbed or corrugated metal panels, stone, brick, stucco or specialty concrete block shall be permitted as material for fences and walls. Metal pieces, garage or other door panels, plywood sheets or other material not commonly used for fencing shall not be permitted. Barbed, hot wire or electric strand(s) fences shall not be allowed in any zoning district. Collar activated, radio, wireless or other electronic pet containment systems are not regulated by this Article and are permitted.

E.   The architectural design and materials used for the construction of and fences and walls shall harmonize with the main building to which the fence or wall is accessory and shall be identified in the application for fence or wall permit and shall only be erected as approved by the City.

F.   Retaining walls may be allowed to solve drainage or topographical problems and are subject to the terms of this Article.

G.   Metal fences shall be capped on the top edge and level with or below the ground on the bottom.

H.   Fences and walls shall be always kept in good repair and in a safe condition by the property owner and/or tenant and hedges or other vegetation used as a barrier shall be kept trimmed to keep their height within the restrictions of this Article.

A.   Setbacks: Except as otherwise provided herein, the following setbacks shall apply to fences, walls, or hedges and other vegetation used as a barrier:

1.    Minimum distances to front lot line: In non-residential districts, an eight-foot (8') setback is required if the fence or wall is constructed with opaque or solid material exceeding four feet (4') in height. No setback shall be required for other fences. In Residential Districts, no front yard fences, walls, or hedges and other vegetation used as a barrier, shall be permitted with a height greater than four feet (4').

2.    Minimum distance to side lot line: None.

3.    Minimum distance to rear lot line: None.

B.   View Restrictions:

1.   Fences, walls, or hedges and other vegetation used as a barrier shall not cause a view obstruction.

Except for areas zoned agricultural, fencing shall not be allowed on vacant lots.

A.   No person shall erect, place or construct a fence or wall, in whole or in part, without first obtaining a building permit. An application for a permit shall be made by the owner or lessee, or by an agent or either, or by a licensed contractor employed in connection with the proposed work. No person, corporation or other entity shall commence or continue any work for which a building permit is required, without having received such permit and paid the fees required, therefore. A person desiring a fence or wall permit shall apply therefore to the Building Official containing the following information:

1.   A plot plan legibly drawn to scale, showing the exact size, shape, and dimensions of the fence or wall to be constructed, the exact size, location and composition of the fence or wall to be constructed.

2.   Additional information relating to the proposed fence or wall improvement may be required to determine compliance with this Article. In the event of an issue from an adjoining neighbor about the location of the fence or wall, a survey, prepared by a licensed surveyor or engineer registered in the State of Oklahoma, of the boundaries of the lot on which the fence or wall is to be constructed, where the boundaries of the lot are not clearly defined by survey pins and monuments, may be required.

3.   Any additional information relating to the proposed improvement needed to determine compliance with these regulations.

B.   If the application is made in accordance with the requirements of this Article, the clerk shall issue the permit upon the payment of $25.00 and the fence or wall shall be constructed exactly as set out in said Application and attachments.

A.   Preexisting fences, walls and/or hedges or other vegetation used as a barrier, legally constructed or existing prior to March 21, 2022, shall be allowed to remain unless such fence, wall and/or hedge or other vegetation used as a barrier, constitutes a traffic hazard, blocks or restricts the visibility of motorists or pedestrians, or constitutes a hazard to the general health, safety and welfare of the public. The City and all persons, firms and corporation having a right to access) and use any right-of-way or easement, whether created by franchise, ordinance, contract or otherwise issued by the City may remove any fence, wall and/or hedge or other vegetation used as a barrier, blocking access to a public right-of-way or easement and will not be liable to the owner for damages or to reconstruct or reconstitute the fence, wall, hedge or other vegetation.

B.   All preexisting fences or walls shall be maintained in good condition.

   This Article shall neither apply to fences, walls and/or hedges or other vegetation used as a barrier, located in Agricultural Districts being used for agricultural purposes, nor temporary fencing, to including fencing used for construction project.

The violation of any section of this Article shall be punishable by a fine of up to one hundred dollars ($100.00) plus costs and fees.