[CC 1994 §63.010; Ord. No. 06.11, 6-12-2006]
No person shall construct or erect a privacy, decorative, or
security fence upon any lot in the City without first having obtained
a permit from the City Clerk. The City Clerk shall make a permit application
available to any person, and the completed application shall set forth
the location, construction, and material of the fence. The Clerk may
grant the permit if he/she finds the fence to be in compliance with
this Chapter and of the codes of the City, or deny the permit if he/she
does not. Any person aggrieved by a decision of the Clerk may appeal
to the Board of Aldermen. The fee for a permit application shall be
set by the Board of Aldermen from time to time.
[CC 1994 §63.020; Ord. No. 06.11, 6-12-2006]
A.
It shall
be unlawful for any person to erect or maintain any fence or other
like structure except as follows:
1.
Privacy
fences may be erected on any lot and shall be no more than eight (8)
feet high, and shall not be located closer to the front property line
than the nearest portion of the rear of the building.
2.
Decorative
fences may be erected on any lot and shall be no more than four (4)
feet high, and be of open construction.
3.
Security
fences may be erected on any business or industrial lot to a height
of not more than twelve (12) feet; the top four (4) feet must be of
open woven wire or barbed wire construction.
4.
Open wire fences or the enclosure of private tennis courts may be constructed to a height of no more than twelve (12) feet, but must be set back from all property lines at least six (6) feet. Such fences may be of any material except as provided in Subsection (5). The top four (4) feet must be of open wire or woven wire construction.
5.
Materials
for the construction of a privacy fence must be wood or PVC, except
that posts may be made of metal. Maximum board width is twelve (12)
inches for solid, staggered, or basket weave fences. Solid panels
such as plywood, wafer board, etc., will not be allowed except around
construction sites for public safety and such fences must be removed
when the construction project is completed.
6.
Materials for the construction of a decorative fence may be wood, PVC, woven wire, chain link, wrought iron, square tubing, or metal pipe. A decorative fence must be of open construction and no panels such as plywood, wafer board, etc., will be allowed except as provided in Subsection (4).
7.
All
framework of a wood fence whether a privacy fence or decorative fence
must be on the inside portion of the fence, and all posts of a wire
fence must be inside of the fabric. All posts (except metal "T" line
posts) must be set in concrete to a minimum depth of eighteen (18)
inches and shall be a minimum of four (4) inches by four (4) inches.
Metal "T" posts may be driven.
[CC 1994 §63.030; Ord. No. 06.11, 6-12-2006]
No person shall permit, cause, keep, maintain, or allow a fence
within the corporate limits of the City in a dilapidated or dangerous
condition.
[CC 1994 §63.040; Ord. No. 06.11, 6-12-2006]
Any person who owns or maintains a fence which contains any
spikes or sharp pointed cresting or any barbed wire or other things,
except as permitted in Section 515.020(3) or electrified fence, dangerous
or liable to tear, snag, or cut or injure anyone coming into contact
therewith shall be deemed guilty of an ordinance violation. This Section
shall not apply to a fence located in "A-1" Agricultural Zone, which
purpose is to restrain livestock.
[CC 1994 §63.050; Ord. No. 06.11, 6-12-2006]
Any person who owns or maintains a swimming pool of a depth
of more than twelve (12) inches shall enclose such pool by a fence
of at least four (4) feet in height.
[CC 1994 §63.060; Ord. No. 06.11, 6-12-2006]
All fences or other like structures erected or maintained in
violation of this Chapter are hereby deemed and declared to be a nuisance
and any owner or occupant of a lot or tract of land upon which such
nuisance exists shall be deemed guilty of an ordinance violation.
Each day on which such violation continues shall constitute a separate
offense.
