The purpose of this chapter is to regulate fencing requirements for all zoning districts, including the location, height and type of fence required. (2001 Code § 89-6-801)

   A.   The developer shall install a permanent fence , not less than six feet (6') high, of a type approved by the planning commission along all boundaries with properties adjacent to developments where existing adjacent uses are found by the planning commission or by the zoning administrator to either represent a potential safety hazard or to be less intensive than the use proposed.

   B.   For purposes of this section, uses that may represent a potential safety hazard include, but are not limited to, agricultural, major streets, railroad tracks or open waterways.

   C.   Determinations concerning the relative intensity of one use compared to another, adjacent use shall be made by the zoning administrator . (2001 Code § 89-6-802; amd. 2009 Code)

   A.   Rule Of Construction: The terms "walls" and "fences" may also include hedges, berms or similar unroofed landscape features.

   B.   Screening Of Outside Storage And Operation Areas:

      1.   A masonry wall or solid metal fencing shall be required to screen outside storage and operation areas from public streets.

      2.   A chainlink fence with slats or other opaque fence or wall shall be required along side and rear property lines to screen areas of outside storage and operations up to and including the gate.

      3.   Fences used to screen outside storage and operations areas shall be not less than six feet (6') high. Fences greater than eight feet (8') high may be approved by the planning commission upon a finding that increased height for screening is necessary to reduce impacts on surrounding properties.

      4.   Materials within twenty feet (20') of the fence may not be stored higher than the fence.

   C.   Screening Of Dumpsters, Utility Equipment And Service/Loading Areas: All building mounted mechanical equipment shall be screened with integrated architectural features. All utility and mechanical equipment, dumpsters, loading areas and other utility areas commonly found outdoors shall be constructed below the natural grade and/or completely screened with masonry fencing, with solid metal gates and landscaping , unless other materials of sufficient durability are determined by the planning commission to be more compatible with the associated development . Loading areas for delivery or freight vehicles shall be designed to provide sufficient area for the vehicles to be completely screened from public view during the loading and unloading process. Exception: If the doors are in view of the street , they shall be screened with trees and shrubs ; or have a combination of decorative design elements; as reviewed by the design review committee and as approved by the planning commission. Building loading areas which face a front or corner side yard are only allowed in the M-1, M-2 and C-M zoning districts and may be approved by the planning commission upon a finding that the loading area is adequately screened from public view with landscaping. Additional landscaping shall be installed over and above the minimum zoning requirements to sufficiently screen loading areas from public view as determined by the planning commission. In the M-1, M-2 and C-M zoning districts, bay doors no greater than eight feet (8') high and four feet (4') wide may be permitted on a building facing a front or corner side yard without screening if the doors are architecturally integrated into the facade of the building.

   D.   Waterways, Canals And Ditches: All open waterways, canals and ditches shall be either piped or fenced with a six foot (6') fence . The planning commission or zoning administrator shall approve the fencing material, which may include wrought iron fencing. If the city engineer determines that natural waterways or established parkways have a limited or intermittent flow which poses no undue hazard to normal human activity, then the natural waterway or established parkway may be exempted from this requirement.

   E.   Wall/Fencing Between Uses Of Different Intensities: Where a new development is determined to be more intensive than an existing use on adjacent property which has a different zoning designation, the planning commission or zoning administrator shall require one of the following:

      1.   A masonry wall;

      2.   A decorative concrete wall that is comparable to or exceeds the durability, performance, and appearance of a masonry wall;

      3.   An opaque fence of other durable material as approved by the planning commission or zoning administrator ; or

      4.   A satisfactory landscaped buffer or open space that includes berming, trees and hedges to adequately buffer the conflicting uses.

   F.   Temporary Construction Fencing: Temporary construction fencing shall be installed along appropriate boundaries as recommended by the zoning administrator . Temporary fencing shall be installed prior to the issuance of any building permit where required to contain blowing refuse. The construction fence shall remain in place until the final bond release or until ninety percent (90%) of the development is completed. The construction fence shall be chainlink.

   G.   Streetscape Walls: Unless otherwise approved by the planning commission or city council , a minimum six foot (6') high opaque masonry or lightweight precast fiber reinforced concrete wall shall be constructed along the inside edge of the sidewalk in the street right of way or in the back of a landscaped area along other public streets, corridors or trail rights of way, or where residential subdivisions abut arterial or collector streets. Masonry walls shall be constructed with masonry pillars at twenty foot (20') intervals that extend at least three inches (3") from the surface of the wall panels. A precast concrete cap shall be placed on the top of each pillar. The wall shall be constructed to prevent weed growth between the sidewalk and the wall. A mow strip shall be installed between the wall pillars to inhibit weed growth. A permanent, nonporous sealer, approved by the city engineer, shall be applied to the street side surfaces of masonry walls to facilitate cleaning.

      1.   Exceptions To Masonry Wall Requirement:

         a.   The planning commission or city council may approve continuing a theme and/or color of a residential right of way fence /wall to match an adjoining fence/wall that has been previously approved.

         b.   The planning commission may approve a decorative concrete wall if it is demonstrated that the construction is comparable to or exceeds the durability, performance and appearance of a masonry wall.

         c.   After receiving a recommendation from the urban forester, the planning commission may approve a specific streetscape design which includes a nonmasonry wall, trees, shrubs and other suitable landscaping materials.

      2.   Maintenance: Upon completion of a permanent wall/fence by the developer and acceptance by the city , the abutting property owners shall assume full responsibility for its maintenance and shall not hold the city responsible for defects of workmanship, maintenance, repair or liabilities of any nature arising from the construction or intended use of said wall/fence. (2001 Code § 89-6-803; amd. 2009 Code; Ord. 10-09, 2-24-2010; Ord. 13-17, 4-24-2013; Ord. 16-54, 12-21-2016)

   A.   Single-Family And Multi-Family Residential Districts; Residential Wall/Fencing Location And Height Restrictions: Notwithstanding the setback , yard and height requirements for structures otherwise stated in this title, walls and fences may be located on the property line, adjacent to the sidewalk, or in the yard between the building setback line and the property line or sidewalk. The maximum height above the finished grade for a fence , wall, hedge, berm or similar unroofed landscape feature is:

      1.   Four feet (4') where such fence or other feature is:

         a.   Located within the required front yard or streetsetback ; and

         b.   Sight obscuring and located in an area that is within ten feet (10') of a driveway and twenty feet (20') of a street ; or

      2.   Six feet (6') where such fence or other feature is:

         a.   Located behind the required front yard or streetsetback of any dwelling ; and

         b.   Located in the front yard of dwellings located on a collector or an arterial street ; or

      3.   Eight feet (8') where such fence or other feature is located along a side or rear lot line adjacent to an arterial street .

   B.   Public Facilities District: Fences or walls shall not exceed four feet (4') high in front yards and six feet (6') inside, corner side and rear yards.

   C.   Professional Office , Commercial And Manufacturing Districts:

      1.   No wall, fence or opaque hedge higher than thirty six inches (36") is allowed within a required front yard or streetside yard .

      2.   Other than adjacent to a residential district or as required to screen outside storage, no fencing is required on the interior or street portions of a development .

      3.   A decorative masonry wall at least six feet (6') high shall be erected along all property lines which lie immediately adjacent to any residential zone .

      4.   Individual lots shall not be fenced in the BR-P zone . (2001 Code § 89-6-804; amd. 2009 Code; Ord. 10-09, 2-24-2010; Ord. 13-17, 4-24-2013; Ord. 22-16, 4-27-2022)

Barbed wire fences, razor wire, concertina wire or similar fencing are declared a nuisance and shall not be allowed in residential zones along or adjacent to streets, or as a divisionfence between adjoining lots which are occupied as a place of residence. Such fencing materials may be used in rural residential zones for security reasons around a public utility site. (2001 Code § 89-6-805; amd. 2009 Code)

   A.   Fences/walls running perpendicular with the finished slope of a property shall average six feet (6') in height, with a maximum height of no greater than eight feet (8').

   B.   Fences/walls running parallel with the finished slope of a property may be attached atop a retaining wall, so long as the total height, inclusive of the retaining wall, does not exceed eight feet (8') in height measured from the downhill side or lower property. (Ord. 13-17, 4-24-2013)