The term "fence or wall," as used herein, shall be construed to mean any enclosing barrier exceeding twenty-four inches (24") in height, unless otherwise specified in planned area development districts, constructed of ornamental metal, masonry, wood, but excluding those fences as set forth below in paragraph 11:04, PROHIBITED FENCES. The term "fence or wall" shall additionally mean any trees, hedges or other plant material exceeding forty-two inches (42") in height when planted in a continuous manner near the perimeter of the property to form an actual or visual barrier, except when the property line is adjacent to Campbell Road, Westview Drive, or Bingle Road.

(Ordinance 2006-29 adopted 11-14-06; Ordinance 2017-10 adopted 3-28-17)

Allowable fences or walls in Dwelling District "A" shall not exceed eight feet (8') in height.

(Ordinance 2006-29 adopted 11-14-06)

In Office Building District "B" and Commercial District "C," the minimum fence height shall be eight feet (8'). Further requirements for these fences are set forth in Section Six for Office Building District "B" and in Section Seven for Commercial District "C."

(Ordinance 2006-29 adopted 11-14-06)

Barbed wire, electrical, wire mesh, and chain link fences are prohibited in all districts of the city. EXCEPTION: See paragraphs 11:07, 11:08 and 11:09 below.

(Ordinance 2006-29 adopted 11-14-06)

The overall intent of this section is to allow property owners to fence or wall their properties from and including the front building line to and around the back yard. Fences may be constructed along rear and side property lines and terminate with front lot fences into the side of primary structure. Side lot fences may extend up to a point as close to the front property setback line as the front foundation line of either the associated or neighboring primary structure. For sake of clarification, minor extensions of a primary structure, such as porches, steps or other appendages, are not included in establishing the front foundation line. Front lot fences of a property may not extend beyond its front building foundation line or extend across the front of the primary structure. Additionally, if a lot has no structure, then a front lot fence with a maximum height of six feet (6′) may be constructed parallel to a line as close to the front property setback line as the front foundation of the neighboring primary structure on either side. No fence, even if allowed by exception, shall be located in the sight triangle as defined by Section 12:02 of Code of Ordinances.

Exceptions. The following exceptions to the permitted locations of fences shall apply:

(1)

A front lot fence may be located in front of a portion of the primary structure so long as the portion of the primary structure in question is located a distance equal to fifty-percent (50%) or more of the overall depth of the structure measured from the front foundation line and the length of the fence located in front of the primary structure is no more than twenty-five percent (25%) of the length of the front of the primary structure.

(2)\A fence shall be permitted along or behind the front building line, regardless of where the primary structure is located on the lot if:

a.

The fence is used for the purpose of enclosing a driveway; and

b.

The portion of the fence that faces the front building line is twenty-four feet (24′) or less in length.

(Ordinance 2006-29 adopted 11-14-06; Ordinance 2016-11 adopted 9-20-16)

(1)

Any fence constructed, which is considered to be "one-sided" (i.e. a wood picket fence), shall have the "preferred" side of the fence face any immediately adjacent public roadways.

(2)

All fences shall be kept in good repair (missing or broken boards are not permitted) and maintained (fences are not permitted to lean from a vertical position) so they comply with the requirements of this ordinance.

(Ordinance 2006-29 adopted 11-14-06)

Temporary fences allowed during construction and for tree protection shall include chain link and plastic mesh.

(Ordinance 2006-29 adopted 11-14-06)

Interior site fences which are screened by perimeter walls or fencing may be constructed out of wire mesh or chain link. Secondary fences are limited to a maximum height of six feet (6').

(Ordinance 2006-29 adopted 11-14-06)

Fencing for sport or tennis courts located in Dwelling District "A" shall be constructed out of vinyl clad chain link. Sports court fences are limited to a maximum height of ten feet (10').

(Ordinance 2006-29 adopted 11-14-06)

All of the above provisions are enforceable through those criminal and civil procedures set forth in Section Two.

Those lawful uses of land or structures existing at the time of the Effective Date of this Section which are rendered non-conforming by this Section's passage may be continued as a non-conforming use under the provision of Section Eight.

Reference to Section Three should be made for the definition of certain terms used in the above provisions and the definition as set out in Section Three shall be controlling.

(Ordinance 2006-29 adopted 11-14-06)

A gate may be no taller than the fence or wall at the same location. A gate may be made of the same material as allowed for fences in Section 11. (Ord. No. 2025-05, adopted 2-25-25)

(Ord. No. 2025-05, adopted 2-25-25)

(1)

No gate shall be able to overhang or allow for ingress and/or egress from a rear property line over or onto public right-of-way. (Ord. No. 2025-05, adopted 2-25-25)

(2)

Nothing in this section shall be construed to limit the City from creating ingress and/or egress points across public property lines. (Ord. No. 2025-05, adopted 2-25-25)

(3)

Nothing in this section shall be construed to limit private arrangements for ingress and/or egress points across private property liens. (Ord. No. 2025-05, adopted 2-25-25)

Off Street Parking for all districts shall be provided in accordance with the minimum standards set forth in the Parking Table below:

A parking space shall be paved and shall have contain a minimum of one hundred seventy-one (171) square feet of space, shall be roughly rectangular in dimension, and shall be placed to provide convenient ingress and egress by vehicles.

(Ordinance 2008-11 adopted 5-27-08)

Parking areas shall be landscaped in accordance with the landscaping requirements contained in this Code.

(Ordinance 2006-29 adopted 11-14-06; Ordinance 2008-11 adopted 5-27-08)

Editor's note— Ord. No. 2008-11, § 2, adopted May 27, 2008, added a new subsection 11:02.02 and subsequently renumbered the former 11:02.02 as 11:02.03. The historical notation has been preserved for reference purposes.