[Ord. No. 1765 §1, 5-17-1994]
The following words shall have the meanings set out herein when
used for this Chapter:
A continuous structure, constructed of any material, erected
upon a property line or setback line for the purpose of separating
properties, or for screening, enclosing and or protecting the property
within its perimeter.
The vertical distance measured, from the side of the fence
that is exterior to the property and/or from the lowest adjacent ground
level to the top of the fence material.
A fence (including any gates in said fence) which permits
direct vision through at least ninety percent (90%) of any one square
foot segment of vertical fence surface area; e.g., chain link or woven
wire fence without slats.
A fence composed of wooden or metal parts, and used in a
manner which is designed to add to the aesthetics or attractiveness
of the lot upon which it is placed, rather than as an enclosure or
barrier. Railings, along or adjacent to front stoops, porches, steps,
landings, culverts, bridges or sidewalks, shall not be considered
as decorative fences under this definition.
A masonry or wooden structure used as an enclosure, boundary
marker or as a means of retention for either water or sliding earth.
A fence whose principal material is wire. This includes,
but is not limited to, chain link fences.
[Ord. No. 1765 §2, 5-17-1994; Ord. No. 2238 §1, 9-4-2001]
A.
No
fence or wall, either free-standing or attached to any building or
structure, shall be erected, placed or constructed upon any lot unless
the owner, contractor or duly authorized agent shall have first applied
for, and received, a permit from the Building Commissioner. Hedges
shall not require a fence permit.
B.
Applications
for a fence permit shall be accompanied by the processing fee, and
shall be subject to the permit fee shown in Article IX of Title V
of the Code of Ordinances of the City of Pacific, and shall be accompanied
by the following:
1.
Completed permit application.
2.
Legal description and street address, if any, of the land for which
the permit is requested.
3.
An overall plot plan, including the shape and dimensions of the lot,
together with the location, material and height of all proposed and
existing fences.
4.
A statement from the legal owner of the property authorizing the
placement of the fence on the property.
[Ord. No. 1765 §3, 5-17-1994]
Appeal may be taken to the Board of Adjustment from the Building
Commissioner's denial of a fence permit.
[Ord. No. 1765 §4, 5-17-1994; Ord.
No. 3264, 5-4-2021]
A.
It
shall be unlawful for any person to erect or maintain any fence or
other like structure except as follows:
1.
No fence shall be constructed which will constitute a traffic hazard.
2.
The maximum permitted height in all zone districts, except "C-1"
Commercial and "M-1" Industrial, is six (6) feet in side and rear
yard setback areas and four (4) feet between the front setback line
of the building and the front property line.
3.
The maximum permitted fence or wall height in all "C" Commercial
and "M" Industrial zone districts is six (6) feet, plus three (3)
strands of barbed wire for security purposes (not to exceed seven
(7) feet overall) in the side and rear yard setback areas and four
(4) feet between the front setback line of the building and the front
property line.
4.
All fences and walls shall be measured from the natural grade of
the subject property.
5.
Along any property line or in any building setback where visible
from a public street, permitted materials include wood, masonry, metal,
decorative wrought iron, decorative metal, chain link, or PVC vinyl
constructed and intended for use as a fence shall be used. Prohibited
materials for fencing and decorative posts, include, but are not limited
to, wire mesh, chicken wire or similar lightweight materials. Unless
otherwise indicated in this Section, any other material requires approval
by the Planning Commission.
6.
Any permit for fence construction issued pursuant to this Section
shall be valid for a period of ninety (90) days, unless extended for
good cause.
7.
Any permit for fence construction issued pursuant to this Section
shall include a requirement that any existing fencing shall be removed
as a condition of the permit.
[Ord. No. 1765 §5, 5-17-1994; Ord. No. 2238 §2, 9-4-2001]
All fences and walls shall be constructed of new or good used
material and in accordance with the methods of construction which
conform to the requirements of the appropriate Building Code listed
in Title V of the Code of Ordinances of the City of Pacific. Additionally,
they shall be maintained in a state of good repair, free and clear
of all debris, trash and weeds in accordance with the requirements
of the International Property Maintenance Code listed in Title V of
the Code of Ordinances of the City of Pacific. Any dilapidated, dangerous
or unsightly fences or walls shall be repaired or removed. When a
fence has deteriorated more than fifty percent (50%), it can no longer
be repaired, it must be reconstructed or removed. Routine maintenance
of a fence does not require a permit. When a fence is located on an
adjoining lot line, the owner responsible for constructing said fence
or wall shall be responsible for the maintenance and repair of that
fence or wall. All fences shall be maintained in their original upright
condition.
[Ord. No. 1765 §6, 5-17-1994]
A.
Electrically-charged
fencing approved by the Underwriter's Laboratory (or other testing
laboratories officially recognized by the Building Inspection Department)
shall be permitted for agricultural uses in the agricultural zones
provided all portions of such fencing located adjacent to any "R"
Residential zone district bear an identifying and warning sign every
one hundred (100) linear feet or fraction thereof.
B.
Barbed wire fences or any fence constructed in whole or part with sharp and/or pointed metal material, are prohibited except as provided in Subsection (C).
C.
Barbed
wire or other sharp and/or pointed metal material may be used as follows:
1.
Along the top of a "wire fence" located in "C" Commercial and "M"
Industrial zone districts, when such barbed wire or other sharp and/or
pointed metal material is six (6) feet or greater in height from the
base of the fence.
2.
Barbed wire or other sharp and/or pointed metal material fences which
were constructed for agricultural use prior to May 17, 1994, when
such barbed wire or other sharp and/or pointed metal material is not
located within two (2) feet of any paved portion of any public street,
avenue, alley, park, cemetery, or other public place normally used
for pedestrian activity.
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Any change or modification to such fences, other than minor
repair and/or maintenance, would prohibit that fence being replaced,
in whole or in part, by barbed wire or other sharp and/or pointed
metal material.
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