The regulations in this article govern the type, location, and construction of fences, walls, and hedges.

(Ord. 3639, passed - -2000)

   (A)   Fences, walls, and hedges are classified as:

      (1)   Masonry walls;

      (2)   Ornamental iron fences;

      (3)   Woven wire fences;

      (4)   Wood fences (more than 50% open);

      (5)   Solid fences (wood or metal less than 50%); and

      (6)   Hedges.

   (B)   The term FENCE is used in this article as a generic term including all such classes, except where the context otherwise indicates.

(Ord. 3639, passed - -2000)

   Fences in residence and business zones, and those enclosing a lot or tract of land used for dwelling purposes in any zone, must conform to the following requirements.

   (A)   Front. Fences constructed between the front building setback line and the front lot line may be of any class, but shall not exceed 42 inches in height, provided however, that fences of the Class 2 and Class 3 may exceed 42 inches in height but may not exceed 48 inches in height.

   (B)   Side. Side yard fences back of the front building setback line may be of any class, but may not exceed 72 inches in height.

   (C)   Rear. Rear yard fences may be of any class, but may not exceed 72 inches in height.

   (D)   Corner lot. Notwithstanding any other provisions of this article to the contrary, no fence exceeding 36 inches in height, measured from sidewalk grade, and if no sidewalk exists, from the top of curb, with a 50% open design may be built:

      (1)   On a corner lot, within a triangular area bounded on two sides by the intersecting street right-of-way lines and on the third side by a line connecting points on each right-of-way line which are 20 feet from their intersection; or

      (2)   On a corner lot adjoining an alley, within a triangular area bounded on two sides by the intersecting right-of-way lines of the alley and adjoining side street and on the third side by a line connecting points on each right-of-way line which are located at the distance from their intersection which is equal to the applicable side street setback requirement.

   (E)   On retaining wall. If a fence is constructed on the top of a retaining wall, the height of the fence is measured from the ground on the low side of the retaining wall, except that a Class 2, 3, 4, or 6 fence may be constructed on top of a retaining wall to a height not more than 30 inches above the ground measured on the high side of the retaining wall.

   (F)   Retaining wall design. A retaining wall must be adequately designed, constructed, and drained to withstand any lateral pressure to which it is subject.

   (G)   Obstruction of vision. Anything in this article to the contrary notwithstanding, no fence, retaining wall, shrub, tree, or similar obstruction may be constructed or maintained if it will obstruct traffic vision.

   (H)   Dangerous; prohibited. No barbed wire, other sharp pointed, or electrically charged fence may be constructed or maintained.

   (I)   Dilapidated; dangerous; removal. The Development Services Director may order any dilapidated or dangerous fence removed.

   (J)   Utility substations. Anything in this article to the contrary notwithstanding, fences enclosing public or private utility substations in residential zones need conform only to the requirements set forth in this section.

(Ord. 3639, passed - -2000; Ord. 4013, passed - -2010)

   Fences in commercial and industrial zones must conform to the following requirements.

   (A)   Front. A fence constructed between the front setback line and the front lot line may not exceed 42 inches in height, and must be of either Class 2, 3, or 6 construction. If the fence is of Class 2 or 3 construction, such fence may not exceed 48 inches in height. If it is of Class 6 construction, such fence may not exceed 42 inches in height. If no front setback line has been established, fences may be of any height or type of construction.

   (B)   Rear. If no rear yard setback has been established, fences may be of any height or type of construction.

   (C)   Barbed wire. Barbed wire or similar material may be used to construct that part of a fence, situated in a rear or side yard setback area of a tract of land in a C-3 or M Zoning District, which is more than 84 inches in height, providing that the Development Services Director determines that the barbed wire will not be detrimental to adjoining property.

   (D)   Electrically charged. An electrically charged fence may not be constructed or maintained.

   (E)   Repair; removal. Fences must be kept in repair. The Development Services Director may order any dilapidated or dangerous fence removed.

(Ord. 4072, passed - -2012)

   (A)   Where a lot or tract of land in a business, commercial, or industrial zone adjoins a lot or tract of land in a residence zone, the occupant of the business, commercial, or industrial lot or tract of land shall construct and maintain thereon adjacent to the common boundary line a suitable screen fence not less than 72 inches high which the Development Services Director determines will not be detrimental to the adjoining property.

      (1)   Children’s areas. A security fence may be constructed in any zone within a side or rear yard or a playground of a public or private school, nursery, or day care facility, or a public park or playground. Such a fence shall be of an open design having a ratio of open portion to solid portion of not less than six to one (6:1) and shall not exceed eight feet in height.

      (2)   Tennis courts; game areas. A fence may be constructed in any zone to enclose tennis courts and public game areas and a game area within a rear yard of a residential lot or tract of land.

   (B)   Such a fence shall be constructed of wire mesh which will admit not less than 90% of light as measured by a light meter.

(Ord. 3639, passed - -2000)

   Perimeter fences in residence zones shall conform to the requirements in § 25-4-3(A) to (I) of this article, except as follows.

   (A)   Adjacent to streets. Segments of a perimeter fence which are constructed substantially parallel with and adjacent to the boundary lines of front and side streets, or either, shall be of a single uniform class and height, which latter shall not exceed 72 inches; provided, any segment of a perimeter fence constructed pursuant to a special permit within the right-of-way of a street, alley, or other public way outside the corporate limits of the city shall be a Class 2, 3, or 4 fence.

   (B)   Side. Any segment of a perimeter fence which is constructed on, or adjacent to and substantially parallel with a boundary line between abutting blocks, lots, or tracts of land shall conform to the requirements for side yard fences which are contained in this article.

   (C)   Rear. Any segment of a perimeter fence which is constructed on, or adjacent to and substantially parallel with, the rear boundary line of any blocks, lots, or tracts of land shall be of a single, uniform class and height, and shall otherwise conform to the requirements for rear yard fences which are contained this article.

   (D)   Corner. Perimeter fences on corner lots, anything in § 25-4-3(A) to (I) of this article, inclusive, to the contrary notwithstanding, shall conform to the requirements for fences on corner lots which are contained in this article.

   (E)   Special permit. Perimeter fences are permitted on residence zones if a special permit therefor is issued by the Planning Commission, subject to conditions stated in Article 13 of this chapter.

(Ord. 3639, passed - -2000)

   Anything in any other section of this article to the contrary notwithstanding, any fence, or part thereof, erected within that part of any lot, block, or other tract of land which is subject to an easement for the construction, maintenance, operation, or replacement of any water, sanitary or storm sewer, or gas line, or electric power, telephone, or other utility poles, cables, or lines shall be constructed of such material and so designed as to be readily removable, as determined by the Development Services Director, whenever necessary to enable the owner of the easement to enjoy the use thereof. Provided, permission of the Planning and Building Director to erect a fence on land that is subject to such an easement shall not bind, and shall be without prejudice to the rights of, owners of easements other than the city. Such fences shall be subject to removal by, or upon request of, the owner of the easement whenever necessary to enable the owner of the easement to enjoy the easement and, if removed or replaced, shall be removed or replaced at the expense of the owner of the premises.

(Ord. 3639, passed - -2000)

   The height of a fence means, for purposes of this article, in the case of a fence situated in a required building setback area which abuts a street, the height measured from the finished grade on the side nearest the street, or in the case of a fence situated in other areas, the height measured from the finished grade of the immediately adjacent part of the area for which the fence constitutes a barrier. Provided, if a fence which is required by any provision of this chapter is situated adjacent to a property line on one side of which the level of the finished grade is different from the level of the finished grade on the other side, the required height of the fence is the height measured from the higher level.

(Ord. 3639, passed - -2000)