[Amended 6-1-2016 by Ord.
No. 2-2016; 8-7-2019 by Ord. No. 19-2019]
A. Permit required.
(1)
No person shall construct a fence in the City without first
obtaining a permit from the Zoning Administrator.
(2)
Application fee. Application for a permit shall be filed with
the Building Inspector on a form supplied by the Administrator, together
with a sketch of the proposed fence and the payment of the required
fee as provided by the Schedule of Fees and modified from time to
time. A penalty of 100% of the fee shall be added to the fence permit
fee if work is started before a valid fence permit is issued.
(3)
Application. The Zoning Administrator shall inspect the site
of each proposed fence and shall consider whether the proposed fence
will substantially interfere with the view, light or free flow of
air. The Zoning Administrator shall then grant the permit or submit
his or her report to the City Council.
B. Location.
(1)
Fences and walls in front yard. On any corner lot, no fence,
wall or shrub shall be within the vision triangle for such corner.
Fences, walls or shrub plantings shall not be erected on any lot within
10 feet of the front property line in such a manner as to interfere
with traffic visibility from a driveway. In no case shall a fence,
wall or planting in a residential area exceed 3 1/2 feet in height
in that part of a front yard which extends 25 feet back from the property
line. Decorative fencing in the front yard area may exceed the height
limit of 3 1/2 feet as approved by the Zoning Administrator according
to the following parameters and procedures:
(a)
Qualifying properties. Any property within the R-1, R-2 or R-3
Zone.
(b)
Open view. An "open" fence shall have at least 80% of the total
area between the heights of three feet six inches and six feet open
to view as viewed to a forty-five-degree angle.
(c)
Design. The fence shall be compatible with and subordinate to
its surroundings. The fence shall contribute to the identification
and beauty of the principal use and may not be erected to satisfy
any other provision of this code or act as a retaining structure.
Revisions to fence design, including simplification of its decorative
components, may be required to meet this objective.
(d)
Materials and colors. Chain-link and other mesh fencing are
not allowed. Darker and more recessive colors are required in order
to meet this objective.
(e)
Vehicular access. Driveway gates shall be recessed to allow
for safe stacking of at least one vehicle outside of the public right-of-way.
In general, a setback of at least 20 feet from the roadbed will be
required.
(f)
Over-height elements. Portions of the fence may reach a height
of up to eight feet to denote vehicular and pedestrian entries. Such
portions shall not exceed a width of 10 feet for pedestrian entries
or 20 feet for vehicular entries, and a transition shall be provided
between that height and the prevailing fence height.
(2)
Fences in side yards. No fence or wall, other than a retaining
wall, along a side line of a lot shall be higher than six feet unless
the adjoining lot is not in a residential district.
(3)
Fences in rear yards. Fences having a height of six feet or
less may be located within the required rear yards in residential
districts.
(4)
Location. The property owner shall be responsible for the proper
placement and location of the fence. A fence may be placed adjacent
to the lot line.
C. Dog pens and runs. Dog pens and runs shall be erected in the rear
yard only and shall be located at least 20 feet from any property
line.
D. Swimming pool fences. See §
450-103, Swimming pools and hot tubs, Subsection
E, Enclosure.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
E. Types of fences; nonconforming fences.
(1)
Wire fences. Wire fences are to be of chain-link construction
or a vinyl-coated minimum wire gauge of No. 16 with a maximum opening
of two inches by three inches.
(2)
Wood fences. Redwood or cedar shall be preferred for durability.
Other woods may be used, provided that they are suitable and maintained.
(3)
Defined. The term "fences" shall not be construed to include
racks or trellises used for support of vines or flowers.
(4)
Barbed wire. No fence consisting wholly or in part of barbed
wire shall be erected or maintained in the City, except for approved
security fences.
(5)
Security fences. The City Council, upon proper application,
may approve security fences in nonresidential zones of such design
and construction as it shall deem proper.
(6)
Fence side. Posts and framing shall be facing the property for
which the fence permit application is being made.
(7)
Nonconforming fences. Present fences may stand even though they
do not conform to this article. However, nonconforming fences requiring
50% or more repairs or rebuilding may be restored if completed within
90 days from the date of the need for repairs or rebuilding. After
90 days, the fence repair or rebuilding shall meet the regulations
of this section.
(8)
Electric fences shall be prohibited.
Trees shall be placed not closer than three feet to the property
line of adjacent properties.