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. 4-1995 § 2, 1995)

No person shall construct or replace any fence, divisional, retaining or freestanding wall or hedge without obtaining a fence permit through the City Manager.

(Ord. 4-1995 § 2, 1995; Ord. 20-2018, 2018)

An application for a fence permit as described in section 17.07.702 of this chapter shall be made upon forms provided by the City. 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 Building Code. Permit fee shall be determined by City Council and shall be paid upon application.

(Ord. 20-2018, 2018)

A.

No person shall erect or replace any fence, divisional, retaining or freestanding wall which extends beyond the property lines except as allowed under section 17.07.710 of this chapter.

B.

No person shall plant the trunk of any hedge closer than two feet within any property line, except as allowed under section 17.07.710 of this chapter. Such hedge shall be maintained under the allowed height as set forth in other sections of this chapter.

C.

No person shall erect or replace any fence, divisional, retaining or freestanding wall or hedge or any combination thereof in excess of six feet in height in any district except as allowed under section 17.07.710 of this chapter.

D.

Any fence, divisional, retaining or freestanding wall or hedge proposed in a lot having a residential use in a C-1, C-2, I-1 and I-2 District shall conform with the residential zoning (R-1, R-2, R-3) regulations of this chapter.

E.

If, in the sole discretion of the City Manager, 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, nor accumulate debris; and be subject to being easily moved. If any such fence, divisional, retaining or freestanding wall or hedge is required to be moved for maintenance or any other purpose, said removal shall be the responsibility of and at the sole expense of the property owner without any liability to the City.

(Ord. 4-1995 § 2, 1995; Ord. 20-2018, 2018)

A.

Any solid fence, divisional, retaining or freestanding wall or hedge not over 36 inches in height and fences at least 80 percent open and not over 42 inches in height may be erected or replaced anywhere on a lot in R-1, R-2, R-3 and MH Districts except as limited in other sections of this chapter.

B.

Any fence, divisional, retaining or freestanding wall or hedge not over six feet in height in R-1, R-2, and R-3 Districts may be erected or replaced 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 50 feet along both curb lines from the corner (constituting two sides); and

2.

The diagonal connecting such lines (constituting the third side).

(Ord. 4-1995 § 2, 1995; Ord. 20-1996 § 10, 1996; Ord. 3-1997 § 8, 1997)

A.

Any fence, divisional, retaining or freestanding wall or hedge not over six feet in height may be erected or replaced anywhere on a lot in C-1, C-2, I-1, or I-2 Districts, except as follows:

1.

Any property located in C-1, C-2, I-1, or I-2 which has an approved and valid nonconforming R-1, R-2, R-3, or MH use must comply with section 17.07.705 of this chapter;

2.

Any additional limitations as expressed elsewhere in this chapter.

B.

Any fence, divisional, retaining or freestanding wall or hedge proposed in an A-1 District may be allowed, but only for recreational or security purposes and at the discretion of the City Manager.

(Ord. 4-1995 § 2, 1995; Ord. 7-1997 § 10, 1997; Ord. 20-2018, 2018)

A.

No aboveground electrically charged fences will be permitted in any zoning district. No person shall erect or replace 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:

No more than four horizontal strands of barbed wire may be strung on the top of a chainlink 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 above the ground.

(Ord. 4-1995 § 2, 1995)

Land under development may be surrounded by a temporary chainlink fence up to six feet in height and allowed for a specified time as a temporary fence at the discretion of the City Manager, upon application. Gates into the fence enclosure may be provided as needed.

(Ord. 4-1995 § 2, 1995; Ord. 20-2018, 2018)

A.

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

B.

In the event the City Council 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 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, lumberyards, salvage yards, and similar uses.

(Ord. 4-1995 § 2, 1995; Ord. 2-2019, 2019)

The City Manager 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 freestanding 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. 4-1995 § 2, 1995; Ord. 20-2018, 2018)

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 or removed, fences must be replaced to conform to this chapter.

(Ord. 4-1995 § 2, 1995)

A.

Authority. The City Manager will be responsible for enforcing compliances 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 15 days, except in cases when, upon request by the property owner, the City Manager has granted a reasonable extension of time for compliance.

C.

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

D.

Noncomplying fences, failures to comply with notice. Any person who fails to comply with any such order by the City Manager shall be in violation of this chapter.

(Ord. 4-1995 § 2, 1995; Ord. 20-2018, 2018)