The construction of any new fence or wall or the substantial reconstruction of all or any part of an existing wall or fence visible to public view from any city right-of-way shall be subject to first obtaining a permit from the city. A fee, set by resolution, shall be paid by any applicant for each permit issued. All work under this permit shall be completed within 180 days of issuance. All work after 180 days of the date of the permit issuance shall require a new permit. Temporary construction fences shall be excluded. Maintenance and construction of fences surrounding a construction area shall be governed by the building inspector and shall be excluded from this ordinance.

(Ord. NS243, 2003)

   A.   All fences shall be located upon the property of the person or entity constructing the fence. Adjoining property owners may agree in writing that a fence may be constructed on the property line of the respective properties, but such agreements are between the property owners and the city will not be a party to the agreement nor will the city initiate, mediate or enforce such agreements. It shall be the permit applicant's responsibility to identify the property boundary when applying for a permit to construct a fence. The city will not verify property boundary location prior to issuing a permit. The permit will be issued based on the representation of the permit applicant that the location of the fence is in compliance with this paragraph and the permit applicant shall be solely liable for errors in the location of the proposed fence. In situations where the property boundary is disputed or is difficult to determine it may be necessary for the permit applicant to obtain a survey of the location of the property boundary in order to comply with the requirements of this paragraph.

   B.   No fence shall be constructed within the right-of-ways granted to the city.

   C.   A clear sight triangle shall be preserved adjacent to intersections in order to assure safe turning movements and clear line of sight for drivers.

   D.   Trash Collection Area. A trash collection area shall be provided for trash removal within new commercial and industrial uses or where individual collection is not provided. It shall be completely enclosed and screened from view from all public streets and surrounding properties, except for one approved access opening, by a six-foot brick, decorative masonry block wall, or alternate durable material. Refuse collection areas shall be designed to integrate with the site design, using the same materials and/or architectural details as the primary structures. All trash shall be stored in metal containers within the refuse collection area to prevent it from being blown outside its walled enclosure by the wind.

(Ord. NS243, 2003; Ord. No. NS344 , § 7(Exh. A), 2021)

   A.   All fences shall be constructed and maintained in a structurally sound manner. Fences which are structurally unsound and/or hazardous are subject to abatement.

   B.   Fences shall not be constructed with raw materials or fabricated items, new or used, which are clearly and customarily used for other purposes. Fences may also be formed of dense landscaping. Electrical fences shall have placards stating the character of the fence. The materials and the method of construction shall be approved by the City of Willcox prior to the construction of a fence within the city limits of Willcox.

   C.   Link or wire fences, wherever permitted, shall be constructed in such a manner that no barbed ends shall be at the top, except in industrial zones and shall be constructed of a minimum of 11-gauge wire.

   D.   Electrical or barbed wire fences shall be prohibited in residential zones, with the exception of recreational residential zones.

   E.   Electrical or barbed wire fences are allowed in recreational/residential and industrial zones. When used in an industrial zone(s), barbed, electrical and razor wire shall be no more than ten feet above ground level. Barbed and razor wires must not extend beyond the stationary fencing perimeter.

   F.   All shrubs, trees and vegetation material used as a fence shall be permanently maintained in a healthy growing condition. Dead, diseased and dying material shall be replaced immediately. Planted areas shall be maintained clear of rubbish and debris.

(Ord. NS243, 2003)

In all parts of the city zoned residential, no fence or wall shall be erected or maintained more than six feet in height and also:

   A.   No fence or supporting member shall be allowed in any residential front yard which measures more than 48 inches in height.

   B.   No fence or hedge over four feet in height shall be constructed any closer to the road than the front line of the structure or the minimum setback requirement.

   C.   Fences, walls or hedges located next to a key lot shall be no more than four feet in height on any portion of the rear one-third on a corner lot backing to a key lot by a line joining required key lot setback and street right-of-way intersection. Fences, walls or hedges shall be a maximum of three feet within the triangular area formed by measuring ten feet along the boundary or roadways and drives from the intersection thereof. Height may be increased not to exceed four feet provided such height does not hamper visibility for traffic safety.

   D.   A fence restricting access from the front to the fenced yard or from an alley to the fenced yard shall have a gate or collapsible section of fence permitting ingress from the front into the fenced yard and where applicable, from the alley into the fenced yard.

   E.   All fences will be constructed so as not to distract from the surrounding area. Consideration will be exercised when issuing a permit to construct a fence on property designated by the historical preservation commission as historical property.

(Ord. NS243, 2003)

All permanent commercial storage areas shall be screened from view, by the unaided eye, six-feet above ground level from any other property or public street by a wall, or sight obscuring fence constructed of or finished with materials approved by the office of the building inspector. An existing vegetative screen on the subject site may be approved by the building inspector if it meets the screening requirement of this section.

(Ord. NS243, 2003; Ord. No. NS344 , § 7(Exh. A), 2021)

   A.   All industrial use, manufactured home parks, travel trailer courts and manufactured home developments' principal and accessory uses which are situated on a parcel which abuts single-family residential zones or public parks/facilities shall be screened from such a zone by an approved wall or fence six feet in height above the level of the adjacent property at the zone boundary.

   B.   Walls and fences of lesser heights or vegetation hedges may be permitted by the city if there is a finding that nature or extent of the use of the properties within the adjacent residential zone, or there is a finding that a screening of the type required by this title, would pose as a public nuisance to same properties. All required screening devices shall be designed so that they are architecturally harmonious with the principal structures on the site and they shall be properly maintained so as not to become unsightly, hazardous, or less opaque than when originally constructed.

(Ord. NS243, 2003; Ord. No. NS344 , § 7(Exh. A), 2021)

Editor's note(s)-Ord. No. NS344 , § 7(Exh. A), adopted July 29, 2021, changed the title of § 17.14.060 from "Developments" to read as herein set out.