[Ord. No. 1605 §1, 4-16-2002]
For the purposes of this Article, the following words and phrases
shall have the meanings respectively ascribed to them by this Section:
FENCE
An assemblage of materials, including wood, metal, plastic,
brick, stone, hedge row and thick growth of shrubs and the like, or
combination thereof, constructed and/or allowed to grow for the purpose
of separating property or for the purpose of keeping animals, persons
or property contained safely within certain boundaries or property
lines, or for the purpose of ornamentation.
FRONT YARD FENCE
A fence (or any portion thereof) that is located between
the street right-of-way and the faces of the main building fronting
same.
[Ord. No. 1605 §1, 4-16-2002]
A fence may be permitted by the City if the following criteria
are satisfied:
(a) Fence Permit Application. An application shall be
made to the Building Commissioner which shall include:
(1) Applicant's name and signature;
(3) Plot plan depicting proposed location of fencing; and
(4) Pictures and/or drawings of the proposed fencing.
(b) Application Review. The Building Commissioner or
his assigns shall make a determination based on the proposed placement
or type of fence if there are additional application requirements,
or if special consideration is necessary based on such proposed placement
or type of fence. If the proposed fence does not have additional application
or review requirements, the following criteria shall be utilized:
(1) That such fencing would not create a safety, fire or traffic hazard
or other potentially injurious condition;
(2) That the materials and construction enhance the attractiveness of
the property and any structures located thereon; and
(3) That the fence shall be installed with the finished side facing the
neighboring property; and
(4) That the character and appearance of the neighborhood will not be
compromised.
[Ord. No. 1605 §1, 4-16-2002]
It shall be unlawful for any person to construct any type of
fence within a residentially zoned district in front yard areas except
as provided in this Article. The front yard area includes the area
between the structure and street right-of-way. On parcels of land
that do not contain a structure, fences shall be prohibited in areas
within the front yard area to the established building line for the
particular zoning district.
[Ord. No. 1605 §1, 4-16-2002]
Front yard fencing proposed for operation in commercial and
industrial zoning districts may be permitted by the City if the following
criteria are satisfied:
(a) Application. An application shall be made to the
Board of Aldermen which shall include:
(1)
Applicant's name and signature;
(3)
Plot plan depicting proposed location of fencing;
(4)
Pictures and/or drawings of the proposed fencing; and
(5)
Locations of similar installations in the area if they are personally
known to exist.
(b) Application Review. The Board of Aldermen shall
make a determination of approval based on the following criteria:
(1)
The fence shall be no greater than nine (9) feet in height and
shall be designed so as to maintain as much open space as is possible
and practical. Approved front yard fencing is not to be utilized to
delineate property boundaries, and such shall be constructed so as
to provide enough free and clear space around all sides to allow for
maintenance and repair of the fencing without requiring entry onto
property not owned by the applicant, including City, County or State
right-of-way. Front yard fencing may not be placed in the City right-of-way
and placement over any easement is done at the applicant's risk, with
such fencing being subject to removal without replacement or compensation.
[Ord. No. 2451, 6-5-2018]
(2)
That the fence shall be installed with the finished side facing
the neighboring property;
(3)
That such fencing would not create a safety, fire or traffic
hazard or other potentially injurious condition; and
(4)
That the character and appearance of the neighborhood will not
be compromised.
[Ord. No. 1605 §1, 4-16-2002]
Front yard fencing proposed for operation in conjunction with
churches and schools may be permitted by the City if the following
criteria are satisfied:
(a) Application. An application shall be made to the
Board of Aldermen which shall include:
(1)
Applicant's name and signature;
(3)
Plot plan depicting proposed location of fencing;
(4)
Pictures and/or drawings of the proposed fencing; and
(5)
Locations of similar installations in the area if they are personally
known to exist.
(b) Application Review. The Board of Aldermen shall
make a determination of approval based on the following criteria:
(1)
The fence shall be no greater than six (6) feet in height and
shall be designed so as to maintain as much open space as is possible
and practical. Approved front yard fencing is not to be utilized to
delineate property boundaries, and such shall be constructed so as
to provide enough free and clear space around all sides to allow for
maintenance and repair of the fencing without requiring entry onto
property not owned by the applicant. Front yard fencing may not be
placed in the City right-of-way and placement over any easement is
done at the applicant's risk, with such fencing being subject to removal
without replacement or compensation.
(2)
That the fence shall be installed with the finished side facing
the neighboring property;
(3)
That such fencing would not create a safety, fire or traffic
hazard or other potentially injurious condition; and
(4)
That the character and appearance of the neighborhood will not
be compromised.
[Ord. No. 1605 §1, 4-16-2002; Ord. No. 1707 §1, 8-5-2003]
Front yard fencing proposed for Large Lot Residential Zoning
Districts may be permitted by the City if the following criteria are
satisfied:
(a) Application. An application shall be made to the
Board of Aldermen which shall include:
(1)
Applicant's name and signature;
(3)
Plot plan depicting proposed location of fencing;
(4)
Pictures and/or drawings of the proposed fencing; and
(5)
Locations of similar installations in the area if they are personally
known to exist.
(b) Application Review. The Board of Aldermen shall
make a determination of approval based on the following criteria:
(1)
Fence shall be no greater than six (6) feet in height;
(2)
Fence shall not be placed in the City right-of-way, and placement
over any easements is done at the applicant's risk, with such fencing
being subject to removal without replacement or compensation;
(3)
That the fence shall be installed with the finished side facing
the neighboring property;
(4)
That such fencing will not create a safety, fire or traffic
hazard or other potentially injurious condition; and
(5)
That the character and appearance of the neighborhood will not
be compromised.
[Ord. No. 1686 §1, 5-6-2003]
Front yard fencing proposed on lots of five (5) or more acres
may be permitted by the City in any zoning district if the following
criteria are satisfied:
(a) Application. An application shall be made to the
Board of Aldermen which shall include:
(1)
Applicant's name and signature;
(3)
Plot plan depicting proposed location of fencing;
(4)
Pictures and/or drawings of the proposed fencing; and
(5)
Locations of similar installations in the area if they are personally
known to exist.
(b) Application Review. The Board of Aldermen shall
make a determination of approval based on the following criteria:
(1)
Fence shall be no greater than five (5) feet in height;
(2)
Fence shall not be placed in the City right-of-way, and placement
over any easement is done at the applicant's risk, with such fencing
being subject to removal without replacement or compensation;
(3)
That the fence shall be installed with the finished side facing
the neighboring property;
(4)
That such fencing will not create a safety, fire or traffic
hazard or other potentially injurious condition; and
(5)
That the character and appearance of the neighborhood will not
be compromised.
[Ord. No. 1605 §1, 4-16-2002; Ord. No. 1686 §1, 5-6-2003]
Unless otherwise set forth in this Article, the following provisions
with respect to rear and side yard fence height shall be applicable:
(a) Rear and side yard fences in residential zoning districts shall be
no greater than six (6) feet in height.
(b) Rear and side yard fences in commercial or industrial zoning districts
shall be no greater than eight (8) feet in height, or ten (10) feet
in height if such fence is topped with barbed or razor wire.
[Ord. No. 1605 §1, 4-16-2002; Ord. No. 1686 §1, 5-6-2003]
(a) The installation of barbed wire, razor wire, electrified or other
fencing or fencing materials deemed harmful to humans is prohibited
on any residentially zoned or residentially utilized lot less than
two (2) acres in area. The Building Commissioner is to serve notice
to the owners of any pre-existing installations of such fencing to
remove same within no more than thirty (30) days after being served
said notice.
[Ord. No. 1605 §1, 4-16-2002]
Front yard fences constructed prior to January 19, 1982, may
continue to exist as non-conforming fences, so long as they remain
in good condition and repair. Existing front yard fences, upon removal
for any reason whatsoever, shall be required to conform to the provisions
herein.
[Ord. No. 1605 §1, 4-16-2002]
The Building Commissioner is hereby empowered to perform inspection, administer and enforce the provisions contained herein. The procedures outlined in Division 6 of Article
I of this Chapter shall be used as the administrative procedure for this Article.
[Ord. No. 1605 §1, 4-16-2002]
Any person who shall violate a provision of this Article or
who shall fail to comply with any of the requirements thereof, or
who shall erect, construct, alter or repair a fence in violation of
an approved plan or directive of the Building Commissioner, shall
be guilty of a misdemeanor, punishable by a fine of not more than
five hundred dollars ($500.00) or by imprisonment not exceeding six
(6) months, or both such fine and imprisonment. Each day that a violation
continues shall be deemed a separate offense.