Seminole City Zoning Code

   (A)   Definitions. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

      FRONT YARD FENCE. A fence located within the required front yard setback area for all structures, or in front of the front wall of the main building on the site. Such fence shall be considered as a structure and shall be subject to the regulation of structures in this chapter and the building code.

      SIDE AND BACK YARD FENCE. A fence located behind the front wall of the main structure on the site.

   (B)   Permit requirements. Fences shall be permitted subject to the permit requirements of the city.

   (C)   Permit fee. A permit fee in the amount established by ordinance shall be required.

   (D)   Restrictive privately enforced regulations. Regardless of the fence regulations contained herein, the property owner is advised that there may be more restrictive privately enforced regulations in the form of plat restrictions, declarations of covenants and restrictions relating to architectural controls, deed restrictions or platted setback lines which may further limit the construction of a fence on a particular parcel of real estate.

   (E)   Materials used. Regardless of the type of fence to be erected, all fences shall not be constructed of recycled materials. New materials shall only be used, unless first approved by the Building Inspector as to the useful life of the materials and the aesthetics of the surrounding neighborhood or subdivision.

   (F)   Review of application. The Director of Community Development shall review an application for a fence and ensure that the conditions and requirements contained herein are satisfied before granting approval of said application. Prior to such approval, the Fire Department shall review and comment on the fence, if appropriate.

(Prior Code, § 12-2E-1) (Ord. 1293, passed 8-8-2023)

   (A)   Conditions and requirements. A front yard fence shall be permitted subject to the following conditions and requirements.

      (1)    Fence type and material.

         (a)   A front yard fence shall be see-through and not exceed four feet in height. Barbed, hog or chicken wire, field fence, single strand fences or T-posts shall not be used. Only chain link, decorative wrought iron, picket and split rail fencing shall be permitted. The Director of Community Development may approve a retaining wall or other approved design to solve drainage or topographical problems.

         (b)   Exception: Agriculture and industrial zoning district with no residential, commercial or industrial structures may be allowed to construct barbed, hog or chicken wire, field fence, single strand fences or T-posts, until such time the property is realized for use and building plans are approved for construction. Excepted fencing shall be removed or replaced with acceptable front yard fence before a certificate of occupancy will be issued.

      (2)   Decorative and wrought iron fences. The Director of Community Development may approve a decorative wrought iron fence not to exceed six feet in height. All wrought iron fences shall be subject to the following conditions and requirements.

         (a)   Site plans and elevations of the fence shall be submitted for permit review. The proposed fence shall not pose a safety or visibility hazard.

         (b)   The fence shall be made of decorative wrought iron, galvanized steel, aluminum or similar material having the appearance of decorative wrought iron.

         (c)   Maximum picket width shall not exceed one inch square.

         (d)   Minimum separation of pickets shall not be less than two and one-half inches for the first four feet in height of the fence and shall not be less than six inches above the first four feet in height of the fence.

         (e)   Spiked caps or spears shall not be used on pickets under five and one-half feet in height. The height of the fence with spiked caps shall not exceed six feet.

      (3)   Picket fences. For picket fencing, the maximum width of the pickets shall be four inches and the minimum separation of the pickets shall be two and one-half inches.

      (4)   Gateway. A front yard fence greater than 50 feet from a residence or structure shall be equipped with a gateway having at least 16 feet of clear width. The Fire Department must approve any gate and all locking devices installed in the gateway.

      (5)   Distance from street right-of-way lines. No front yard fence shall be erected within 25 feet of the intersection of right-of-way lines of any public or private street.

      (6)   Traffic, view obstruction. A front yard fence shall not cause a view obstruction for any private driveway and shall not in any case be erected within 12 feet of the intersection of any private driveway and the pavement edge or maintained portion of a public or private street.

      (7)   Maintenance. A front yard fence shall be kept in an attractive state, in good repair and in a safe and sanitary condition at all times by the property owner.

      (8)   Obstructing walkway. A front yard fence shall not obstruct any public walkway even if said public walkway is on private property.

(Prior Code, § 12-2E-2) (Ord. 1075, passed 3-11-2008; Ord. 1293, passed 8-8-2023)

   (A)   Conditions and requirements.

      (1)   Utility easements. A fence may be erected within any utility easement, but is subject to removal by any franchised utility company whenever installation or repair of their facilities is required. Such fence shall be replaced at the expense of the property owner.

      (2)   Height. Fences may not exceed eight feet in height, unless the written consent of the abutting property owner is secured, or the Board of Adjustment approves the height, location and materials as a special exception.

      (3)   Maintenance. Fences shall be kept in an attractive state, in good repair and in a safe and sanitary condition at all times by the property owner.

      (4)   Traffic, view obstruction. A side or back yard fence shall not cause a view obstruction for any roadway or private driveway and shall not in any case be erected within 12 feet of the intersection of any roadway or private driveway and the pavement edge or maintained portion of a public or private street.

      (5)   Setback. A 25-foot setback requirement shall apply to all solid/stockade type fences on corner lots. A 15-foot setback may be allowed at the discretion of the Community Development Director.

   (B)   Types of side and back yard fences.

      (1)   Brick/masonry fences, retaining walls. Walls of brick or masonry material which require a permanent foundation may not be constructed within any designated utility easement without the written consent of all affected utility franchise holders. Upon consent, the Director of Community Development may approve a brick or masonry fence, retaining wall or other approved design to solve drainage or topographical problems.

      (2)   Metal fences. Metal fence panels shall be constructed of siliconized polyester baked enamel or equivalent. A fence may not be constructed of corrugated fiberglass, corrugated metal or unpainted sheet metal.

         (a)   All exposed pipe and support steel must be painted and maintained in good condition.

         (b)   The smooth surface of a metal fence shall face the adjoining street. Side and rear yard fencing surfaces are at the discretion of the property owner. Corner lots shall have smooth surfaces facing both streets.

         (c)   The top of steel panels shall be capped. No screws shall protrude from any portion of a fence.

      (3)   Wood fences. Stockade fences (no plywood allowed) shall have the smooth surface of the fence facing any adjoining street. Side and rear yard fencing surfaces not facing a street are at the discretion of the property owner. Corner lots shall have the smooth surface facing both streets. No nails, bolts or screws shall protrude past wood support structure.

      (4)   Other fence materials. Barbed, hog or chicken wire, field fence, single strand fences or T-posts shall not be used except in the agricultural or industrial zoning districts. Front yard fence types are allowed.

      (5)   Decorative and wrought iron fences. The Director of Community Development may approve a decorative wrought iron fence not to exceed six feet in height. All wrought iron fences shall be subject to the following conditions and requirements:

         (a)   Site plans and elevations of the fence shall be submitted for permit review. The proposed fence shall not pose a safety or visibility hazard.

         (b)   The fence shall be made of decorative wrought iron, galvanized steel, aluminum or similar material having the appearance of decorative wrought iron.

         (c)   Maximum picket width shall not exceed one inch square.

         (d)   Minimum separation of pickets shall not be less than two and one-half inches for the first four feet in height of the fence and shall not be less than six inches above the first four feet in height of the fence.

         (e)   Spiked caps or spears shall not be used on pickets under five and one-half feet in height. The height of the fence with spiked caps shall not exceed six feet.

(Prior Code, § 12-2E-3) (Ord. 1075, passed 3-11-2008; Ord. 1293, passed 8-8-2023)

   (A)   Any appeal from a conviction for a violation of this section shall be in accordance with the provisions of state law.

   (B)   An appeal to any interpretation of this subchapter must be appealed to the City Board of Adjustment.

(Prior Code, § 12-2E-4) (Ord. 1293, passed 8-8-2023)