The following regulations shall apply to fences.

(Comp. Ord. of 4-20-2010, § 1-9.05)

Fences in an R-1, R-2 or R-3 zoned district shall be allowed subject to the following standards, unless specifically prohibited by other regulations:

(1)

Location.

a.

Fences in an R-1 or R-2 district shall be allowed along any property line subject to compliance with all other regulations contained herein.

b.

All fences, and portions thereof, located at a street intersection shall comply with the city's vision triangle regulations.

(2)

Maximum height.

a.

Fences located in the rear yard and side yard shall not exceed six feet in height.

b.

On corner lots, fences with a maximum height of six feet may be located in the front setback area abutting a side street so long as the fence is setback a minimum ten feet from the street right-of-way line.

c.

On through lots, fences with a maximum height of six feet may be located within the front setback area abutting the street located to the rear of the principal building so long as the fence is setback a minimum ten feet from the street right-of-way line.

d.

Except as otherwise allowed in subsections (2)b and c of this section for corner lots, fences located between the front of the principal building and the street shall not exceed 3½ feet in height.

e.

The height of a fence shall be the vertical measurement from the ground level to the top of the fence. If the fence is located atop a retaining wall, deck or other structure, the ground level shall be at the base of the retaining wall, deck or applicable structure on which the fence is located. A fence shall not be considered to be atop another structure if it is setback a minimum of three-feet from the front edge of the said structure.

(3)

Design standards.

a.

Fences located within a front yard setback area that are 3½ feet or less in height must have a minimum 40 percent open surface area. All other fences may be designed in a manner that forms a solid surface.

b.

The support structure for the fence (i.e., posts, cross supports, etc.) shall not be visible from outside of the area the fence encloses unless specifically approved by the director of community development department as being a part of the overall design of the fence.

c.

Prohibited fence materials and attachments. Unless otherwise allowed as a temporary or seasonal fence, the following materials and attachments shall be prohibited:

1.

Chain link in the front yard. Chain link shall, however, be allowed to the side and rear of the structure unless the side or rear yard abuts and street right-of-way;

2.

Plywood;

3.

Electrified wire. This shall not prohibit the use of underground "invisible" fences commonly used for the containment of animals;

4.

Barbed wire; and

5.

Razor wire.

(Comp. Ord. of 4-20-2010, § 1-9.05.1; Ord. No. 5708-22, § 1, 10-18-2022)

Fences in all districts other than an R-1, R-2 or R-3 districts, shall be allowed subject to the following standards, unless specifically prohibited by other regulations:

(1)

Fences shall be allowed in the side yard and rear yard subject to compliance with all other regulations contained herein.

(2)

Fences shall not be located in the front yard unless Highway 350 abuts the subject property in which case a fence may be constructed within ten-feet of highway right-of-way line for the purpose of screening trash, storage and service areas in accordance with the Highway 350 design standards as specified in article XI of this chapter.

(Comp. Ord. of 4-20-2010, § 1-9.05.2; Ord. No. 5408-11, § 1, 9-6-2011)

Fences shall not exceed a maximum height of six feet.

(Comp. Ord. of 4-20-2010, § 1-9.05.3; Ord. No. 5408-11, § 1, 9-6-2011)

(a)

Fences located in the rear yard and side yard may be designed in a manner that forms a solid surface unless otherwise regulated by design standards specified elsewhere in this chapter.

(b)

The support structure for the fence (i.e., posts, cross supports, etc.) shall not be visible from outside of the area the fence encloses unless said support structure is a part of the overall design and appearance of the fence and is specifically approved by the director of community development department.

(c)

Fences located within the front setback area along Highway 350 shall have trees and shrubbery planted between the fence and highway right-of-way line so as to substantially reduce the visibility of the fence from drivers and neighboring properties. Said trees and shrubs shall be in addition to all other trees and shrubs required by other sections of this Code.

(d)

Prohibited fence materials and attachments. Unless otherwise allowed as a temporary or seasonal fence within this chapter, the following materials and attachments shall be prohibited:

(1)

Chain link, when located adjacent to a street or highway right-of-way, public parking area or a property that is residentially zoned or used for residential purposes;

(2)

Electrified wire, when located adjacent to a property that is residentially zoned or used for residential purposes;

(3)

Barbed wire, when located adjacent to a property that is residentially zoned or used for residential purposes; and

(4)

Razor wire.

(Comp. Ord. of 4-20-2010, § 1-9.05.4; Ord. No. 5408-11, § 1, 9-6-2011; Ord. No. 5708-22, § 1, 10-18-2022)

The following shall be allowed as temporary or seasonal fencing:

(1)

Construction site fencing:

a.

The temporary fence shall not be erected prior to issuance of a grading permit or building permit and shall be removed prior to issuance of a final certificate of occupancy for said development.

b.

May exceed six feet in height subject to approval of the community development department director and compliance with applicable building codes.

c.

May consist of any material as long as the material does not pose a threat to the safety or wellbeing of any person or property.

(2)

Garden fencing:

a.

Shall not be located between that side of a house containing the front entrance and a street right-of-way.

b.

Shall not exceed three feet in height.

c.

Shall be not installed prior to April 1 of each year and shall be removed by November 1 of each year.

d.

May be constructed of wire as well as any other material allowed in the applicable zoning district as specified herein.

(3)

Festival and special event fencing subject to approval of a site plan by the director of community development department.

(4)

Other type of temporary or seasonal fencing subject to approval of a site plan by the director of community development department.

(Comp. Ord. of 4-20-2010, § 1-9.05.5; Ord. No. 5408-11, § 1, 9-6-2011; Ord. No. 5708-22, § 1, 10-18-2022)

(a)

A legal nonconforming fence may be maintained but shall not be increased in height or length unless such increase is in conformance with the provisions contained herein.

(b)

A legal nonconforming fence may be replaced as long as the fence material used to replace the legally nonconforming fence is not a prohibited fence material, the fence does not/will not create a safety hazard, and the height and length of the fence will not be increased unless it is in conformity with the regulations contained herein.

(Comp. Ord. of 4-20-2010, § 1-9.05.6; Ord. No. 5408-11, § 1, 9-6-2011)