The purpose of this chapter is to regulate all fences so as to protect the character of various areas of the city and to protect the health, safety, and public welfare of the citizens.

(Ord. No. 25-1991, 1-14-92, eff. 1-27-92)

No person shall construct or rebuild any fence, divisional, retaining or free-standing wall or hedge without obtaining a fence permit through the Department of Public Works.

(Ord. No. 25-1991, 1-14-92, eff. 1-27-92)

An application for a fence permit as described in Section 902, of this chapter, shall be made upon forms provided by the Department of Public Works. Required information shall include an accurate drawing showing all property lines, sidewalks, streets, alleys, easements and improvements. The drawing should also include a sketch of the proposed fence, wall, or hedge and a description of the materials to be used. No application shall be approved unless each structure is properly designed in compliance with the currently adopted Uniform Building Code. The application permit fee shall be determined by City Council. A fee schedule may be found in the Public Works Department.

(Ord. No. 25-1991, 1-14-92, eff. 1-27-92)

A.

No person shall erect or rebuild any fence, divisional, retaining or freestanding wall which extends beyond the property lines except as allowed under Section 910 of this chapter.

B.

No person shall plant the trunk of any hedge closer than two (2) feet within any property line, except as allowed under Section 910 of this chapter.

C.

No person shall erect or rebuild any fence, divisional, retaining or freestanding wall or hedge or any combination thereof in excess of six (6) feet in height in any district except as allowed under Section 910 of this chapter.

D.

If, in the sole discretion of the Director of Public Works, any fence, divisional, retaining or freestanding wall or hedge is permitted on any public easement, in flood control areas or across ditches, they must be designed and constructed so as to allow the ingress and egress of respective utility companies; avoid obstruction of drainage, not impede the flow of floodwaters, not accumulate debris; and are subject to being easily moved for maintenance or any other purpose, and said removal shall be the responsibility of and at the sole expense of the property owner without any liability to the City.

(Ord. No. 25-1991, 1-14-92, eff. 1-27-92; Ord. No. 12-2002, 3-12-02, eff. 3-22-02; Ord. No. 15-2008, 10-15-08, eff. 10-25-08)

A.

Masonry walls

B.

Ornamental iron

C.

Woven wire and chainlink

D.

Wood

E.

Hedges

F.

Vinyl

G.

Stone or rock

(Ord. No. 11-1999, 7-13-99, eff. 7-23-99)

A.

Any solid fence, divisional, retaining or free-standing wall or hedge not over thirty-six inches (36") in height and fences at least fifty percent (50%) open and not over forty-eight inches (48") in height, to be measured from the ground to the tallest portion of fence excluding posts, may be erected or rebuilt anywhere on a lot in R1, R2, R3, NB, and MH districts except as limited in other sections of this chapter.

B.

Any fence, divisional, retaining or free-standing wall or hedge not over six feet (6') in height in R1, R2, R3, NB, and MH districts may be erected or rebuilt anywhere on a lot except in a front yard and line of sight clearance area as defined below:

Line of sight clearance area is defined as the triangular area formed by: (1) the lines extending from any corner of a corner lot adjacent to two intersecting streets to a distance of forty feet (40') along both property lines from the corner (constituting two sides); and (2) the diagonal connecting such lines (constituting the third side).

(Ord. No. 25-1991, 1-14-92, eff. 1-27-92; Ord. No. 3-2009, 2-24-09, eff. 3-6-09)

A.

Any fence, divisional, retaining or free-standing wall or hedge not over six feet (6′) in height may be erected or rebuilt anywhere on a lot in MS, CB, CBD, LI, or HI districts except as limited in other sections of this chapter.

B.

Any fence, divisional, retaining or free-standing wall or hedge proposed in an OS district may be allowed, but only for recreational or security purposes and at the discretion of the Director of Public Works.

(Ord. No. 25-1991, 1-14-92, eff. 1-27-92; Ord. No. 12-2002, 3-12-02, eff. 3-22-02)

A.

Electrically charged fences are not permitted in any zoning district. No person shall erect, or rebuild any device or system for electrically charging any fence, wall or partition within the city.

B.

No person shall erect, repair or maintain any barbed wire fence in the city, with the following exception:

Not more than four (4) horizontal strands of barbed wire may be strung on the top of a chain link fence for industrial or commercial uses located in any industrial or commercial zone for security purposes. The lowest strand of barbed wire shall be a minimum of six feet (6′) above the ground.

C.

Any fence, in the opinion of the building inspector, public works director or chief of police, that would constitute a hazard to the health or safety of any person.

D.

Any fence which does not comply with the provisions hereof, unless a variance has been approved.

(Ord. No. 25-1991, 1-14-92, eff. 1-27-92; Ord. No. 11-1999, 7-13-99, eff. 7-23-99)

Land under development may be surrounded by a temporary chain link fence up to six feet (6′) in height and allowed for a specified time as a temporary fence at the discretion of the Director of Public Works, upon application. Gates into the fence enclosure may be provided as needed, however, they shall be located at the discretion of the Director of Public Works, upon application.

(Ord. No. 25-1991, 1-14-92, eff. 1-27-92)

A.

All outdoor swimming pools of five thousand (5,000) gallon capacity, or more, shall be enclosed by a fence or wall six feet (6′) in height.

B.

In the event the Planning Commission of the City of Sterling deems it necessary for the general health, safety, welfare and enjoyment of property by citizens, or for environmental and aesthetic values, it may require up to an eight-foot (8′) fence made of materials suitable to the circumstances to separate the various residential zoning districts from one another and from commercial and industrial districts, or to surround junkyards, lumber yards, salvage yards, and similar uses.

(Ord. No. 25-1991, 1-14-92, eff. 1-27-92)

The Director of Public Works may, after finding the circumstances meet the following criteria: (1) that the adjacent property owner will not be adversely affected, (2) that pedestrian access will not be hampered, and (3) the line of sight clearance area will be clear, consider the following as exceptions to the location and height requirements of a fence, and in his sole discretion, grant a fence permit.

A.

For location exceptions:

1.

Where a fence, divisional, retaining or free-standing wall or hedge is requested to extend over the right-of-way line toward a public street.

2.

On a through lot.

B.

For height exceptions:

1.

Recreational fences and walls:

a.

Tennis courts

b.

Baseball fields

c.

Other similar recreational uses

2.

Commercial and industrial zones:

a.

Fences for security purposes

b.

Fences necessary for and used in conducting a particular business

(Ord. No. 25-1991, 1-14-92, eff. 1-27-92)

Existing fences in violation of this chapter and erected prior to its amendment, except those fences hampering pedestrian access or those fences in the line of sight clearance area may be permitted to remain; however, once destroyed, damaged, in disrepair, or removed, fences, if rebuilt, must conform to this chapter.

(Ord. No. 25-1991, 1-14-92, eff. 1-27-92; Ord. No. 29-2001, 10-9-01, eff. 10-19-01)

A.

Authority: The Director of Public Works will be responsible for enforcing compliance with this Chapter.

B.

Noncomplying Fences, Notice of Violation: Notice of violation shall be given to the property owner of such fence to be removed or brought into compliance within fifteen (15) days, except in cases when, upon request by the property owner, the Director of Public Works has granted a reasonable extension of time for compliance.

C.

Removal Order: The Director of Public Works may, in order to protect the health, safety, welfare and property enjoyment of the citizens and inhabitants of the City of Sterling, order that fences, divisional, retaining or free-standing walls, hedges and other plantings which cause traffic hazards or which are dilapidated, unsightly or dangerous, order that the same be removed within a specific time period, depending upon the severity of the hazard.

D.

Noncomplying Fences, Failure to Comply with Notice: Any person who fails to comply with any such order by the Director of Public Works shall be in violation of this chapter and subject to the penalties of Section 1-15 of the Code effective as of final denial of an appeal by the Board of Adjustment or thirty (30) days from the date of this order, whichever is shorter. Such an order is appealable to the Board of Adjustment as outlined in Section 913.

(Ord. No. 25-1991, 1-14-92, eff. 1-27-92)

A.

Appeals: A denial of a permit under this chapter or an order under this chapter may be appealed to the Board of Adjustment. Such appeal shall be made in writing and received within fifteen (15) days of said denial or order, and accompanied by a fee determined by City Council. A fee schedule may be found in the Public Works Department.

B.

Information Required: All requests shall include the following information:

1.

Street address of proposed fence.

2.

Name and address of proposed owners of record.

3.

Description of fence or wall to be constructed.

4.

Site plan showing location of existing improvements and location of proposed fence or wall.

C.

Public Hearing Required: Upon receipt of the request and payment of fees, the Board of Adjustment shall publish a notice of public hearing and mail written notices in accordance with Section 112 of this Zoning Ordinance of Sterling.

D.

Grant of Variance: The Board of Adjustment may grant a variance subject to any conditions which it deems necessary or desirable to make the fence which is permitted by the variance compatible with the purpose of this Fence Chapter and shall mail notice of the action of the Board of Adjustment to the applicant within seven (7) days of the hearing.

(Ord. No. 25-1991, 1-14-92, eff. 1-27-92; Ord. No. 13-1993, 9-28-93, eff. 10-8-93)