Where a fence, wall, screen, buffer or enclosure is to be erected, the following standards apply. A fence permit is only required for front yard fencing; however, a courtesy review may be provided for any fence plans.

(Ord. No. 2022-019, § 1(Exh. A), 7-5-22)

A site plan and landscape plan must be submitted with the building permit application demonstrating compliance with the standards of this section.

(Ord. No. 2022-019, § 1(Exh. A), 7-5-22)

1.

Fence and wall regulations for single- and two-family dwellings:

A.

In front of single- and two-family dwellings. A fence, wall, screen, enclosure or similar barrier erected in the front yard setback of a single- or two-family dwelling must not exceed 30 inches in height above the adjacent grade. A barrier that does not exceed 30 inches in height may be made of a solid allowed material listed in section 6.6.5. Exception: At properties three acres or larger in size and located in the AG or RE Districts, such barriers must not exceed five feet in height above the highest adjacent grade within ten feet and must provide 90 percent transparent openings. Gates shall slide or swing inward and must be setback from the front property line to allow vehicles and vehicles with trailers to completely pull off the right-of-way prior to the gate. Gates shall be equipped with a Knox lock device acceptable to the Fire Marshall for emergency access. A minimum of 14 feet of vehicular height clearance shall be provided for emergency access to the property.

B.

At and behind the front façade of single- and two-family dwellings:

A fence, wall, screen enclosure or similar barrier behind the front yard setback of a single- or two-family dwelling must not exceed eight feet in height above the adjacent grade.

2.

Fence and wall regulations for all other land uses and vacant properties:

A.

Front yard. A fence, wall, screen, enclosure or similar barrier erected in the front yard setback of all property except property for single- and two-family dwellings must provide 90 percent transparent openings, not exceed 30 inches in height above the adjacent grade and must be located outside of visibility triangles. Exception: Maximum height may be increased to match that on adjacent properties on the same street frontage. Gates shall slide or swing inward and must be setback from the front property line to allow vehicles and vehicles with trailers to completely pull off the right-of-way prior to the gate. Gates shall be equipped with a Knox lock device acceptable to the fire marshall for emergency access. A minimum of 14 feet of vehicular height clearance shall be provided for emergency access to the property.

B.

Behind front yard setback. A fence, wall, screen enclosure or similar barrier behind the front yard setback of all property except property for single- and two-family dwellings must not exceed eight feet in height above the adjacent grade.

(Ord. No. 2022-019, § 1(Exh. A), 7-5-22)

A.

Location. Continuous buffering is required along the common boundary between non-residential or multiple-family uses and an agricultural or residential zoning district or use, except where a public street provides buffering. Buffering is also required along the perimeter of a non-residential or multiple-family use located across an alley from a residential zoning district or use.

B.

Design. Buffering must meet one or a combination of the following design standards:

1.

Buffering may consist of evergreen hedges composed of plants purchased in five-gallon or larger containers, with a minimum planted height of six feet, placed on 36-inch centers.

2.

Buffering may consist of fences or walls constructed of wood, masonry, stone or pre-cast concrete, with integrated color, texture and pattern. Structural buffering must be from six to eight feet in height above the adjacent grade. Fences or walls used for buffering must not contain openings of more than 20 square inches in each square foot of wall or fence surface. Gates must be equal in height and screening characteristics to the fence or wall in order to create a visual barrier.

(Ord. No. 2022-019, § 1(Exh. A), 7-5-22)

A.

Allowed materials. Fences, walls, screens, enclosures and gates must be constructed of one or a combination of the following materials:

1.

Plain or coated chain link (installed as manufactured, without affixing materials such as slats and tarps);

2.

Exterior Insulation and Finish Systems (EIFS);

3.

Fiberglass composite (manufactured for fencing);

4.

Fired brick;

5.

Latticework that does not exceed two feet in height and is anchored as a design element at the top of a six-foot tall fence;

6.

Natural stone;

7.

Pre-cast concrete;

8.

Split faced block;

9.

Smooth faced block;

10.

Support poles made of metal or wood;

11.

Stucco;

12.

Tubular aluminum;

13.

Tubular steel;

14.

Wood planks; or

15.

Wrought iron.

B.

Prohibited materials. Permits must not be issued for materials not manufactured specifically for fencing, such as fibrous masonry products, landscape timbers, railroad ties, latticework panels, plywood, corrugated steel panels or fiberglass panels.

C.

Electric fences.

1.

An electric fence is allowed in the Agricultural zoning district in conjunction with retaining animals.

2.

An electric fence is allowed in association with a permitted non-residential outdoor storage area in the Commercial and Industrial zoning districts subject to the following standards.

a.

Unless otherwise specified in this section, electric fences must be installed in conformance with the specifications set forth in the city's electrical code and the International Electrotechnical Commission Standard No. 60335-2-76.

In addition, the electric fence controller must meet the requirements of Underwriters Laboratories Standard UL69, Electric-Fence Controller, and labeled as such.

b.

The electric fence controller and emergency entry key safe for the electric fence must be located in a single accessible location for the entire fence.

c.

The electric fence must be surrounded by a non-electrical fence or wall six-to-eight feet in height.

d.

The electric fence must be installed a minimum of one foot from the surrounding non-electric fence or wall, except along the gate. Along the gate, the electric fence must be installed a minimum of three inches from the surrounding non-electric fence or wall.

e.

The electric fence must be clearly identified with warning signs at intervals of not less than 60 feet.

f.

The electric fence must only be energized during hours when the public does not have legal access to the protected property.

D.

Barbed wire fences. Barbed wire fences and other structures composed or partially composed of barbed wire are allowed only in the AG - agricultural district, I - industrial district, and if the property is three acres or larger then also the RE - rural estate district. Security fencing for utility facilities such as electrical substations and water and sewer pumping stations may be topped with barbed wire that is not closer than six feet to the ground.

E.

Razor wire fences. Razor wire fences are allowed only in the Industrial zoning districts. The razor wire must not be closer than six feet to the ground.

F.

Construction. Fence framing and posts on fences visible from a public street must be placed to the interior of the lot so that they are not visible from the street. Unless a continuous masonry beam extends beneath a wooden privacy fence, rot board must be used and attached to the base of wooden privacy fence pickets to prevent warping of materials.

(Ord. No. 2022-019, § 1(Exh. A), 7-5-22)

A.

Refuse container storage areas must be located in a rear or side service area, or alley where available, for all uses other than single-family and two-family dwellings.

B.

A solid wood or masonry fence must screen from public view refuse container storage areas located within 50 feet of the curb line of a public street or visible from the public street Such fence must be at least one foot higher than the refuse container on all sides except the side used for servicing the container.

C.

Placement of refuse container storage areas must allow the collection vehicle maneuvering room to avoid backing into a street or other traffic area.

D.

Vehicular maneuvering areas for refuse pick up must be capable of supporting the weight of the refuse pick up vehicle or 45,000 lbs., whichever is greater.

(Ord. No. 2022-019, § 1(Exh. A), 7-5-22)

A.

Display consistent with classification. Commodities, materials or equipment may not be displayed for sale or lease in a zoning district where such sale or lease is not an allowed land use.

B.

Commercial districts. Commodities, materials or equipment may not be displayed for sale or lease outside a building in the office and commercial zoning districts, except as exempted below:

1.

Auto sales, new or used or auto leasing or rental;

2.

Boat sales or rental;

3.

Motorcycle or scooter sales or rental,

4.

Recreational vehicle sales or rental;

5.

Greenhouse or nursery (retail) or produce stand;

6.

Farm and garden equipment sales or rental;

7.

Outdoor patio and garden furniture sales or rental;

8.

In the R/O and C-1 zoning districts, temporary display for a sidewalk sale that does not extend more than ten feet from front facade and reserves at least five feet of sidewalk or walkway for pedestrian use;

9.

In the C-2 zoning district, temporary display for a sidewalk sale that does not extend more than five feet from front facade and reserves at least five feet of sidewalk or walkway for pedestrian use; or

10.

Other uses not listed above where the display for sale or lease area is situated behind the principal structure and does not exceed a maximum of ten percent of the gross floor area of the business.

C.

Other display in commercial districts by specific use permit and permitted in industrial districts. Commodities, materials and equipment may be otherwise displayed for sale or lease with a specific use permit issued in accordance with section 3.5 in the Commercial zoning districts, and by right in the industrial zoning districts unless otherwise required.

D.

Outdoor flea markets. An outdoor flea market must be screened from public view from any adjacent street or any adjacent residential zoning district by means of a solid fence made of materials approved in this ordinance which is at least six feet in height.

Any part of an outdoor flea market permitted by right in an I zoning district that is within 50 feet of the right-of-way line of a state or interstate highway must be screened by means of a solid fence made of materials approved in this ordinance which is at least six feet in height.

(Ord. No. 2022-019, § 1(Exh. A), 7-5-22)

Outdoor storage of commodities, materials and equipment are permitted as follows.

A.

Residential districts. Outdoor storage is not permitted in the front or side yards visible from a street.

B.

R/O, C-1, C-2, I districts. Outdoor storage is permitted as follows.

1.

Screening in R/O, C-1 and C-2. Outdoor storage is permitted where the storage area is situated behind the principal building in the rear half of the property and where a solid wood or masonry fence screens the outdoor storage from public view. Such wood or masonry fence must be at least one foot higher than the stored material. In the event of conflict between the standards of this section and the specific use standards in section 5.3, the more restrictive standard controls.

2.

Screening in I. In the industrial zoning districts, a solid wood or masonry fence must screen outdoor storage from public view if such storage is adjacent to or across the street from a residential district or use. Such wood or masonry fence must be at least one foot higher than the stored material.

3.

Wrecking and salvage yard. Any area of a wrecking or salvage yard where vehicles and/or vehicle parts are stored or proposed to be stored outside must be screened from public view by a solid fence of eight feet in height made of materials approved in this ordinance.

4.

Recycling center. Any area of a recycling center where materials awaiting transformation into a recycled or recycling-ready state or recycled or recycling-ready materials are stored must be screened from public view by a solid fence of eight feet in height made of materials approved in this ordinance.

(Ord. No. 2022-019, § 1(Exh. A), 7-5-22)

Maintenance offenses. The maintenance of items permitted under this section is the responsibility of the property owner. Such items must be maintained in the condition presented in the original approved building permit application from the development.

A.

The owner or any person who has a fence shall be responsible for maintaining the fence in a neat and functional condition.

B.

All portions of fences in a dilapidated state must be repaired or replaced by the owner(s) of the fence. A dilapidated fence is defined as any eight-foot horizontal section of a fence that is more than 15 degrees out of vertical alignment or that has ten percent of its pickets or structural components damaged, missing, rotted, or destroyed.

(Ord. No. 2022-019, § 1(Exh. A), 7-5-22)