[Ord. No. 1238, § 2, 6-21-1984; Ord. No. 1544, § 1, 3-18-1993]
As used in this article, the following terms shall have the
meanings indicated in this section:
A structure of wood floor above grade in the rear yard only.
An ornamental structure of wood, stone or decorative masonry
materials with not less than thirty (30) percent open screening and
not more than forty-two (42) inches in height above grade.
A structure of chain link fencing material designed to retain
dogs within a specific area of a rear yard.
An artificially constructed barrier of any material or combination
of materials erected so as to enclose or substantially enclose, or
screen from view or access or substantially screen from view or access,
areas of land. The presence of passage areas, driveways, gates or
other interruptions shall not preclude a barrier from being a fence.
A structure of materials to enclose a piece of land within
a rear or side yard designed to provide protection from wildlife or
animals which might harm a garden plant.
An inner open or enclosed court of concrete, masonry or lawn
designated for sitting or relaxing in the rear yard only.
A structure of wire, iron, wood, posts, rails, boards, palings,
stone or any other assemblage of materials forming a barrier at grade,
in a rear or side yard only, for the purpose of separating parcels
of land or land of different uses to avoid passage from one area to
another.
A structure of wood or decorative materials for the purpose
of privacy screening in the rear yard only.
An ornamental structure of wood or decorative wrought iron
materials which may contain lattice materials or other designs for
the purpose of supporting plant life such as roses or vines.
[Ord. No. 1238, § 3, 6-21-1984]
It shall be unlawful to erect any fence or structure as defined
herein within the city without first having filed with the city engineer
an application for a permit, together with a spot survey or reasonable
layout location drawing and recorded thereon shall be all dimensions,
type of materials, design and color proposed. An approved permit must
be issued before construction begins.
[Ord. No. 1238, § 4, 6-21-1984]
Specifications for installations of all structures defined herein
shall be according to the recommendations of the manufacturer, their
agents or association and/or the city engineer and the building code
of this city.
[Ord. No. 1238, § 5, 6-21-1984; Ord. No. 1434, § 1, 10-19-1989; Ord. No. 2043 § 1, 8-3-2006]
(a)
Perimeter fences: It is the preference and policy
of the city that all perimeter fences on residential lots should be
of a "chain link" type or vinyl fences having the configuration of
traditional wooden board fences with vertical flat "boards" on at
least two (2) parallel rails supported by periodic posts.
The construction or installation of a perimeter fence shall require the issuance of a permit by the city engineer. Any person desiring to construct or install on a residential lot any perimeter fence of a type other than chain link or vinyl as described above shall first apply to the city engineer for a permit to do so, which application shall detail the location, materials and installation details as may be required by the city engineer. Any perimeter fence other than a chain link or vinyl as described above shall be constructed of materials as listed in the definition of "perimeter fences" in section 5-51 of this code and be consistent with the general architecture of the neighborhood in the city as determined by the city engineer.
In determining whether or not a proposed fence is consistent
with the general architecture of a neighborhood, the city engineer
may consider whether there is a predominance of any particular style
and/or material commonly used for fences in the neighborhood of the
proposed fence and whether the proposed fence, either in its materials,
method of construction, color or other physical characteristics, would
be unsightly, grotesque, unsuitable or incompatible when compared
to fences and buildings in the surrounding area and, consequently,
would be detrimental to the stability of values of surrounding properties.
If the proposed fence complies with any applicable subdivision
indenture regulations, that fact may also be considered by the city
engineer in assessing architectural conformity.
No permit for construction of a residential perimeter fence
other than a "chain link" or vinyl as described above shall be issued
prior to the expiration of thirty (30) days from the date the completed
application shall have been filed, during which time the city engineer
shall investigate and consider the architectural conformity of the
proposed fence in accord with this section. The city engineer shall
act upon the application within fifteen (15) days after the expiration
of the said thirty (30) day period.
(1)
No fences are permitted in the front yard, and no privacy screening
or decorative materials may be included as part of a fence.
(2)
The maximum height of all residential fences shall be forty-eight
(48) inches above grade.
(3)
Fences shall have not less than thirty percent (30%) open area.
(4)
Appropriate gates shall be installed for adequate ingress and egress
to the fenced area. All rails, posts, braces, etc., shall face the
owner's side of the fence.
(b)
Dog run or pen: A dog run or dog pen shall be constructed
of chain link fencing material only, not more than six (6) feet in
height above grade, except where subdivision restrictions specify
otherwise, and shall not enclose an area of more than two hundred
(200) square feet in the rear yard only, with the width of same not
less than five (5) feet and the length not exceeding forty (40) feet.
No dog run shall be closer than ten (10) feet to another parallel
fence, property line or structure.
(c)
Garden fence, permanent: A regular perimeter fence,
as provided for in paragraph (a) of this Section, may be constructed
permanently with adequate gate for ingress and egress to enclose a
specific area of not more than twenty-five percent (25%) of a rear
or side yard for the purpose of use as a garden.
(d)
Rear yard privacy structure for wood deck, patio area or in-ground
pool:
(1)
A privacy structure shall be constructed of wood or decorative masonry
materials not to exceed six (6) feet in height above the floor of
a wood deck or grade of patio area or in-ground pool of which the
structure is designed to cause privacy.
(2)
A privacy structure may screen an area in the rear yard not to exceed
five hundred (500) square feet of the deck, patio area or in-ground
pool.
(3)
A privacy structure shall be constructed at least three (3) feet
from a perimeter fence or other parallel structure not to exceed sixteen
(16) feet in length per side and not to exceed three (3) sides of
area to be screened.
(4)
A privacy structure may be constructed as in subparagraph (d)(3)
of this section but may exceed sixteen (16) feet to the full length
of a side or rear yard line which is adjacent to a commercial area
or an area which may be considered unsightly, as determined by the
city engineer.
(e)
Above-ground swimming pools: All deck fences around
an above-ground swimming pool may not exceed thirty-six (36) inches
above the basic deck platform.
(f)
Decorative structures and trellises: A decorative
structure and/or trellis may be constructed of wood, stone, decorative
masonry or wrought iron material on a lot in the front, side or rear
yard. Such decorative structure may be installed next to a driveway
or sidewalk and a minimum of three (3) feet from all property lines
and shall allow for adequate ingress and egress of vehicles at the
driveway. The type of structure and location shall be subject to that
which may be deemed prudent by the city engineer or for safety and
with the general architectural conformity in the City.
[Ord. No. 1238, § 6, 6-21-1984; Ord. No. 1544, § 2, 3-18-1993]
(a)
It is the preference and policy of the City that all perimeter fences
on nonresidential lots should be chain-link type with top and bottom
edges knuckled. No fence or enclosure shall be erected or maintained
of which any part is charged with or designed to be charged with an
electrical current.
(b)
Fences functioning as a screen for any purpose shall have an opaque
value of seventy percent (70%) or greater.
(c)
No fence shall exceed six (6) feet in height above the underlying
ground, nor may any fence contain barbed wire unless a permit for
an extended height and/or barbed-wire fence shall have been issued
by the City Engineer. Any property owner wishing to erect a fence
to a height greater than six (6) feet or to utilize barbed wire in
conjunction with any fence may request a permit to do so by filing
an application with the City Engineer stating the reasons why a fence
of a height greater than six (6) feet and/or utilizing barbed wire
is required. If the City Engineer determines from the evidence that
aesthetic or security requirements unique to the property would render
a six-foot fence inadequate or that the use of barbed wire is the
only practical method of achieving the level of security reasonably
required on the premises, the permit shall be issued. Barbed wire
must be so installed that it is no less than seven (7) feet above
the underlying ground and restricted to that side of the fence which
is towards the property being enclosed. In no event shall razor ribbon
wire be permitted in or on any fence.
(d)
No fence shall be constructed of cloth, canvas, chicken wire, or
other nonpermanent material.
(e)
No fence shall impede or divert the flow of surface water or stormwater
creeks or channels through any property unless by proper investigation
it can be shown to the satisfaction of the City Engineer that the
fence will not adversely impact any adjoining or downstream property
owner and will contribute to an improvement in the overall drainage
system.
(f)
Locations:
(1)
Front yards: No fence shall be erected, constructed
or maintained within the required front yard area of any lot. On corner
lots, this restriction shall apply to both required front yard areas.
No fences shall be erected, constructed or maintained between the
front line of the principal building on a lot and the street on which
the lot has frontage.
(2)
Rear yards: Fences may be erected at any location
within the rear of the lot, up to and including at or on the rear
property line.
(3)
Side yards: Subject to the limitations that no fence
may extend forward of the front line of the principal building on
a lot or within a required additional front yard area for corner lots,
fences may be erected at any area along the sides of lots, up to and
including at or on the side lot lines.
(4)
Easements: No fence may be installed in, upon or
across any public right-of-way, dedication or easement or an easement
granted for public utility purposes.
(g)
In reviewing an application for installation of a fence, the City
Engineer may reject an application if it is determined that the proposed
materials, method of construction, color, size, or other physical
characteristics would be unsightly, grotesque, unsuitable or incompatible
with surrounding property or would interfere with or adversely impact
the peaceful enjoyment or value of nearby property.
(h)
All fences erected prior to enactment of this section (March 18,
1993) shall be considered non-conforming and as such shall be allowed
to remain in place.
(i)
All fences shall be erected in accord with the provisions of the
building code. They shall be kept in good repair at all times; and
all wood, metal, and/or other approved material shall be protected
from the elements against decay, rot or rust by paint or other approved
coating, applied in a workmanlike manner.
[Ord. No. 1238, § 7, 6-21-1984]
The provisions of this article are further subject to existing
zoning and building requirements of the City.
