(A) For the purpose of administering and enforcing this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

(1) Fence descriptions.

(B) Acceptable materials. Construction materials for fences include common construction materials such as wood, masonry, adobe, chain link, wire mesh, or other materials approved by DSD. Barbed wire, concertina wire, or similar material is only appropriate in the E-1/Estate Residential District where it may be used to confine horses or in M-1 and C-2 Districts. Broken glass in/on fences is strictly prohibited.

(C) Fences may be placed anywhere within a lot, parcel, or tract of land within the city as specified herein. Fences may not be placed beyond property lines. Fences in the public right-of-way are strictly prohibited. Placement of a fence within an easement requires written permission of the grantee to which the easement is assigned.

(D) Maximum fence height varies with the location of the fence on the property.

(1) Fences allowed in the front setback area can reach a maximum height of four feet, except that fence height on corner lots must conform to the specifications under clear sight triangle, as defined in Section 154.03.

(2) Fences built within the side yard setback, behind the front setback to the rear setback, can be a maximum of six feet.

(3) Fences built outside the setback area within the buildable area of a lot, parcel, or tract may reach a maximum height of eight feet.

(a) The maximum fence height on nonresidential property is eight feet where it abuts residential property, along the rear or side property line.

(E)(1) Fence height is measured from grade where the fence is located. It is considered a subterfuge of this chapter to pile or berm dirt or other materials and attempt to measure a fence from the top of the berm or from the top of a “pseudo” retaining wall. It is, however, allowed to fill in large areas of a lot, parcel or tract in order to achieve an overall or consistent grade, and then measure fence heights from that grade. A change in grade requires approval by DSD.

(2) Fences may be placed on top of retaining walls and height will be measured from the grade level of the retained material behind the retaining wall or, in other words, from the highest soil or similar material point.

(F) Special fences.

(1) Swimming pool. Fences are required around any swimming pool which is greater than three feet in depth or which exceeds 5,000 gallons. The pool must be enclosed on all sides by a fence or other barrier that provides an impediment of at least six feet thereby limiting access. In the event of a grade separation or the erection of an above ground swimming pool, the six-foot minimum height is measured from outside the fence, while the pool is on the inside. Gates on pool fences are required to be six feet in height with a self-closing latch at least four and one-half feet (54 inches) off the ground. In the case where a common fence cannot be used for a swimming pool fence, the swimming pool fence must be a minimum of four feet in height with a hard cover which complies with the International Building Code.

(2) Corner lots. Fences in the clear sight triangle as defined in Section 154.03 may not be greater than 30% solid when viewed along a line of sight which is parallel to the hypotenuse of the clear sight triangle.

(3) Residential fences that abut high intensity nonresidential or multi-family uses may be erected as follows: where a residential lot, parcel or tract abuts an arterial or collector street as defined in the comprehensive plan, or a multi-family or nonresidential zoned property, a fence may be a maximum of eight feet in height along the abutting side or rear property line, behind the front house line.

(4) Buffer walls. Fences that are required with multi-family or nonresidential development must be erected and continuously maintained so that a six-foot opaque fence exists along the property lines that abut the residentially zoned property.

(5) Electrical fencing may be placed only on the inside of a fence so that it is not accessible to adjacent property, and requires a conditional use permit.

(G) Approval process. All fences require a zoning plan review. If the fence is a part of a larger submittal, for example new home construction, the fencing plan review will occur at that time and is inclusive in the plan review fee. If the fence is an improvement to a developed site, a fencing plan review is required.

(1) Fencing plan review submittal should include the following:

(a) Application;

(b) Lot dimensions (sketch);

(c) Location of existing structures, including retaining walls;

(d) Location of proposed fence, proposed height, and construction materials (cross-section).

(H) Exemptions. This section does not apply to fences in existence before the effective date of the ordinance codified in this chapter, as amended, except when the fence is declared a nuisance or hazard as determined by DSD or the Traffic Safety Advisory Committee, such fence may be made to conform with the requirements of this chapter, or removed within 30 days of the closing or transfer or declaration of the fence as a nuisance or hazard.

(Ord. 18-20)