For the purpose of this Article the word fence shall mean a vertical free standing structure barrier or enclosure, constructed of metal, masonry, composition, wood, and any combination thereof other material resting on or partially buried in the ground rising vertically above ground level, and used for confinement, screening, partition purposes or landscaping.

(Ord. 1310, Sec. 1)

For the purpose of this Article there are four (4) types of fences which have the meaning respectively ascribed to them as follows:

(a)   Open Fence ‑ A fence with openings representing not less than forty percent (40%) of the total surface of the fence materials and visible when viewed perpendicular to the face of the fence.

(b)   Solid Fence ‑ A fence that is impervious to light and air and constructed so that there are no openings in the fence from the top to the bottom of the fence material.

(c)   Visually Solid Fence ‑ A fence that is so constructed which is not a solid fence in that it is not totally impervious to light and air but when the fence is viewed from a position perpendicular to the face of the fence the openings are not visible.

(d)   Decorative Fences ‑ Installed as part of landscape improvements without gates. Not designed as a barrier or to enclose, or to keep in or out, as is the common intent and purpose of a fence.

(Ord. 1310, Sec. 2; Ord. 1689, Sec. 1; Ord. 1709, Sec. 1)

(a)   The applicant for a fence permit shall be furnished with a copy of the fence regulations and applicant shall classify the fence proposed to be constructed by the types listed above. Such fence permit is subject to the applicable regulations and restrictions for the type of fence specified.

(b)   It shall be unlawful for any person to construct or substantially replace any fence within the City, unless a permit to do so is first obtained from the building inspector. The owner of the property, or his or her duly authorized agent or contractor shall present a written application for such permit, on forms furnished by the City, to the building inspector, in which application there shall be set out the legal description of the property a plot plan showing the location of the fence in relation to property lines, the name of the owner, the name of the agent or contractor, if any, and the plans and specifications of the fence proposed to be constructed. Such fence shall be constructed only on property described in the application presented to the building inspector.

(c)   The fee for such permit shall be as approved by the City Council

(Ord. 1310, Sec. 3; Ord. 1827, Sec. 2)

Fences can be erected on property lines, but no part of such fence shall be constructed on the adjoining property.

(Ord. 1310, Sec. 4)

No fence shall be constructed which will constitute a sight hazard or a traffic hazard or be of such design as to be hazardous or dangerous to persons or animals.

(Ord. 1310, Sec. 5)

No fence shall be permitted within the sight distance triangle as defined and illustrated in Article XXII, Section 9 of the Zoning Ordinance.

(Ord. 1689, Sec. 2)

Barbed wire fences, sharp pointed fences, electrically charged fences, or fences constructed of any materials which are liable to snag, tear, cut or otherwise injure anyone coming into contact therewith shall not be permitted, except that barbed wire or electrically charged fences for agricultural purposes are permitted in agricultural areas.

(a)   Barbed wire shall not be permitted in any residential area of the City (except when permitted for agricultural purposes in agricultural areas) or within the C‑1 and C‑2 zoning districts.

(b)   Fencing in the front, side and rear yards in industrial districts may be topped with barbed wire on slanted arms at a 45 degree angle upward and shall be slanted to the interior. The slanted arms shall be a maximum of 18 inches to accommodate no more than three (3) strands of barbed wire.

(c)   Fencing in the front, side and rear yards in C‑S Commercial Highway Service District, is permitted at a height of six (6) feet and may be topped with barbed wire on slanted arms installed at a 45 degree angle upward and shall be slanted to the interior after obtaining a special use permit. The slanted arms shall be a maximum of 18 inches to accommodate no more than three (3) strands of barbed wire.

(Ord. 1689, Sec. 3; Ord. 1787)

Open fences and decorative fences may be erected as follows:

(a)   Residential Property ‑‑ May be erected in the front yard as defined in Article XXVIII, Rules and Regulations of the zoning ordinance, but shall not exceed four (4) feet in height. May be erected in side and rear yards, but shall not exceed six (6) feet in height. Six (6) foot open and decorative fences may be installed in other than the front yard, as defined, on corner lots, double corner lots and double front lots. In no case, shall a six (6) foot open or decorative fence be permitted in a side yard with street frontage of a reverse corner lot.

(b)   Commercial Properties ‑‑ May be erected in the front yard, but shall not exceed four (4) feet in height. Erected in the side and rear yards, but shall not exceed eight (8) feet in height.

(Ord. 1689, Sec. 4; Ord. 1748, Sec. 1)

Open fences enclosing tennis courts, basketball courts, badminton courts, volleyball courts, handball courts, and other outdoor athletic courts, may be erected to a height not exceeding 10 feet, provided, such fences shall separate the court from the rest of the property and shall enclose an area no larger than the court itself and surrounding improved playing surface.

(Ord. 1310, Sec. 9)

Open fences enclosing elementary schools, high schools, golf courses, churches, country clubs, community centers, hospitals and similar uses or land used by any department of the City, County, State or federal government, may be erected to a height exceeding six (6) feet, when necessary for the safety or restraint of the occupants thereof, or when necessary for the security of the premises within.

(Ord. 1310, Sec. 10)

Solid and visually solid fences shall be permitted as follows:

(a)   Residential Property — Shall not be permitted in the front yard as defined in Article XXVIII, Rules and Regulations of the zoning ordinance, but shall be permitted in side and rear yards, but shall not exceed six (6) feet in height. Six (6) foot solid and visually solid fences may be installed in other than the front yard, as defined, on corner lots, double corner lots and double front lots. In no case, shall a six (6) foot solid or visually solid fence be permitted in a side yard with street frontage of a reverse corner lot.

(b)   Commercial and Industrial Property ‑‑ Shall not be permitted in the front yard, but shall be permitted in the side and rear yards and shall not exceed eight (8) feet in height.

(Ord. 1689, Sec. 5; Ord. 1748, Sec. 2)

Nonconforming fences which may be continued:

(a)   The following lawful nonconforming fences may be continued:

(1)   A fence which existed prior to the effective date of Ordinance No. 1310.

(2)   A fence existing at the time of an annexation.

(3)   A fence existing at the time an amendment is made to the zoning ordinance which changes such land to the more restricted district.

(b)   The lawful use of a fence located upon any land, except as provided in Section 4‑612(c) may be continued although such fence does not conform with the provisions of this Article. Such fence may be continued if no structural alterations are made except those required by law or ordinances. The foregoing provisions shall also apply to any fences which may be made nonconforming by any subsequent amendment or change of this Article.

(c)   A nonconforming fence, in the opinion of the building inspector, has been damaged to the extent of more than fifty percent (50%) of its structural value by fire, explosion, act of God, or the public enemy shall not be restored, except in accordance with the provisions of this ordinance.

(Ord. 1310, Sec. 12)

Fences in all districts of the City shall be maintained in good repair and shall be kept vertical, uniform and structurally sound, and all repairs shall blend in with the fence and be compatible therewith in color and material. Fences constructed of wood or metal shall be uniformly painted or stained or otherwise treated or sealed to prevent weathering or deterioration.

(Ord. 1310, Sec. 13)

No fence shall be erected with any easement or right‑of‑way, except by prior written approval of those agencies having interest in such easement.

(Ord. 1310, Sec. 14)

Nothing in this Chapter shall be constructed to prevent any contractor or owner engaged in construction work for which a building permit has been issued, or a public contract let, from constructing and maintaining such temporary fences and walls as are authorized under the building code of the City.

(Ord. 1310, Sec. 15)

The height of all fences shall be measured from the natural grade of the underlying property.

(Ord. 1310, Sec. 16)

All fences shall be constructed in conformance with the standards of the City building codes and the requirements, restrictions and limitations of the City district zoning and subdivision regulations.

(Ord. 1310, Sec. 17)

Appeals from the decisions of the building inspector shall be taken to the board of zoning appeals.

(Ord. 1310, Sec. 19)

It shall be unlawful to construct, repair or maintain a fence in violation of the provisions of this Article.

(Ord. 1310, Sec. 20)

A variance as to height may be granted, upon application to and a finding by the board of zoning appeals that all of the following conditions have been met. The board shall make a determination on each condition and the finding shall be entered in the record.

(a)   Condition Unique to Property — The variance requested arises from such condition which is unique to the property in question and which is not ordinarily found in the same zone or district and is not created by an action or actions of the property owner.

(b)   No Adverse Effect — The granting of the variance will not adversely effect the rights of adjacent property owners represented in the application.

(c)   Unnecessary Hardship — The strict application of the provisions of the fence regulations of which the variance is requested will constitute unnecessary hardship upon the property owner represented in the application.

(d)   Public Health, Safety and Welfare — The variance desired will not adversely affect the public health, safety, morals, order, convenience, prosperity or general welfare.

(e)   Ordinance Intent — The granting of the variance desired will not be opposed to the general spirit and intent of the fence regulations.

Variances granted will be the minimum necessary to overcome the hardship and the applicant must provide sufficient supporting materials to substantiate a hardship exists.

(Ord. 1709, Sec. 2)

Pursuant to the authority of Charter Ordinance No. 29, the Building Official or other City Employee as designated in writing by the City Manager shall have the authority to issue notices to appear for violations of this ordinance and code.

(Ord. 2353)