(a)
Acceptable materials.
Acceptable materials for constructing
fence and screening device include wood, stone, preformed concrete
block, concrete, brick, masonry, natural and treated woods, ornamental
metal or wrought iron, and vinyl.
(b)
Prohibited materials.
(1)
Chainlink fence shall only be permitted in agricultural (A) zoning
districts for the following uses:
(2)
Corrugated metal panels or materials having similar properties shall
not be permitted.
(4)
Except as provided below, electrical fencing is prohibited within
the city:
(A)
Electric fences and fence charging devices are allowed only in within
industrial (I) and agricultural (A) zoning districts in conjunction
with agricultural and related activities for the purposes of containing
horses and livestock, or for the security of crops grown on the premises,
and shall be plainly labeled for ease of identification.
(B)
Must be located at least six (6) inches inside a nonelectric fence.
(C)
Shall be underwriter laboratories (UL) listed and installed and maintained
as per manufacturer’s instructions.
(D)
Shall have posted signs on all sides spaced at not more than fifty
(50) foot intervals: “Danger, electric fence.”
(E)
Electric fences not in compliance with the above are hereby declared
a nuisance per se and must be immediately removed.
(c)
Temporary fences.
Temporary fences are required for
properties under construction, demolition, repair, or maintenance
with the following standards:
(1)
Property undergoing new construction.
(A)
Prior to the initiation of construction and upon obtaining a required
fence permit, a temporary security fence of six (6) feet is required
to be erected with sufficient anchoring to secure the new construction
site.
(B)
The temporary security fence is to be removed after the construction
completion and prior to occupancy of the site.
(2)
Property undergoing demolition and/or repair or maintenance.
(A)
Prior to the initiation of demolition, dismantling, removing, or
extensively (as determined by development review committee/DRC) repairing
of a building or structure abutting a street, alley, or sidewalk;
and, upon obtaining a required fence permit, protection in the form
of a temporary security fence shall be provided for the site being
affected.
(B)
For buildings exceeding forty (40) feet in height, the temporary
security fence installed with sufficient anchoring shall not be less
than four (4) feet high with approved and appropriate cautionary signage,
barricades and/or ribbon taping. The fence shall be minimum seven
feet (7') away from the building line. The temporary security fence
shall be removed after completion of the demolition or repair.
(C)
For buildings exceeding forty (40) feet in height, the temporary
security fence shall not be less than six (6) feet high and shall
be located minimum fifteen feet (15') away from the building line.
Where such protection is located, a special acknowledgement shall
be noted on the issued permit.
(d)
All mandatory or permitted fencing/screening shall be erected and
maintained so as not to interfere with or obstruct the view of traffic
or constitute a traffic hazard on any public or private street, alley
or driveway.
(e)
No fence, screen, wall, or other visual barrier shall be so located
or placed that it obstructs the vision of a motor vehicle driver approaching
any street or roadway intersection.
(1)
Where an alley intersects with a street, no fence or plant taller
than 30 inches may be placed within a sight visibility triangle.
(f)
All required screening walls shall be equally finished on both sides
of the wall.
(g)
No person shall place, erect, install, build, construct, add as a
repair item, use and/or maintain any fence or barrier with spikes
or nails or any other sharp objects imbedded on the top or sides of
a fence or barrier within any zoning district of the city.
(Ordinance O-05-20 adopted 5/5/20)
If applicable per section 15.02.003, permit is required to construct, repair, or replace a fence or any part of a fence within the city. A permit application and any required fees shall be submitted to the city along with structural drawings, plans, and specifications with the seal and stamp of a licensed professional engineer. The city’s planning and permit department will review the application and process it through plan review process. Permits are valid for [one] hundred and sixty (160) days upon approval. Construction shall begin within ninety (90) days from the date of issuance of the permit. If construction does not commence within ninety (90) days from the date of issuance of any permit, the permit shall become null and void and a new permit application shall be required. The city’s planning and permit division staff may extend the time for construction for the applicant for a period not exceeding ninety (90) days on written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No applications shall be granted more than one extension and in no instance shall an extension exceed the original expiration date of the permit issued. The city may, in writing, suspend or revoke a permit issued under the provisions of this chapter when the permit was issued in error, on the basis of incorrect information, or in violation of any applicable law.
(Ordinance O-08-13 adopted 5/7/13)
All fences and screening devices, whether required or optional,
shall be constructed in the manner described below:
(1)
Wooden fence.
(A)
Fence planks or panels must be at least five-eighths of one inch
(5/8") in thickness.
(B)
Fence picket material cannot be pine; must be either spruce or cedar.
(C)
If adjacent to any public street, a wooden fence shall have its backside
oriented away from public view. For the purposes of this section,
the backside of the fence shall be the side with exposed posts or
rails.
(D)
Metal vertical posts shall be spaced every 6'–8' center to
center.
(E)
Vertical slats shall be nailed or screwed to horizontal bracing stringers
(bottoms and top nailer boards) running from vertical post to post.
One stringer will be required for every two feet (2') in height. The
stringers shall be bolted to steel posts with noncorrosive metal anchor
straps and one-fourth (1/4") noncorrosive bolts or screws.
(F)
All nails or fasteners shall be of nonrusting, noncorrosive metal
such as hot dipped galvanized steel. All nails or fasteners shall
be of the type (such as screw shank or, ring shank) that when properly
driven will not work free due to wind, vibration, or shrinkage of
members.
(G)
In no case, however, shall ground-to-fence separation exceed four
inches (4").
(2)
Masonry walls, fences and screening devices shall be limited to the
following materials and standards:
(A)
Materials.
Brick, stone or decorative, split-face block,
or reinforced concrete wall provided it has a finished appearance
similar to masonry.
(B)
Masonry columns shall be spaced a maximum of twelve feet (12') apart
on-center (o.c.); the capstone of columns shall not exceed nine feet
(9') in height; columns shall extend at least eight inches (8") above
the remainder of the screening wall; and, columns shall extend horizontally
at least three inches (3") from the vertical plane of the wall.
(C)
Masonry walls and their foundations shall be engineered and have
the certification or seal of a state registered engineer.
(D)
It is intended that all masonry walls erected pursuant to this section
be constructed in such a manner to last thirty (30) years with minimal
maintenance required during said period and are resistant to sunlight
and moisture.
(3)
Wrought iron or tubular steel, provided that shrubs are placed within
two feet (2') parallel to the fence and planted three feet (3') on
center the entire length of the fence.
(Ordinance O-08-13 adopted 5/7/13)
(a)
Developer installed screening in single-family subdivisions.
The developer of all single- family detached and two-family attached duplex residential development shall be required to construct a continuous solid masonry screening wall of eight feet (8') height surrounding the subdivision with openings at designated entry exit points or at roadways passing through the subdivision. The material and standards shall conform to section 15.02.093(2). The developer shall construct these walls at his sole expense in accordance with the standards set forth below.
(1)
Structural plans and specifications for subdivision masonry screening
wall are to be submitted at the same time as construction plans for
other subdivision infrastructure improvements are required. Said plans
and specifications shall be prepared and sealed by a registered professional
engineer and shall consider the site’s soil characteristics,
wind loadings, and other environmental considerations.
(2)
All masonry screening walls shall be placed at least nine feet (9')
from any existing or proposed city water line. To provide the nine
feet (9') distance, if needed, the developer shall be required to
provide up to an additional nine feet (9') of right-of-way.
(3)
All masonry screening walls required herein shall be placed on or
within private property and outside of the public right-of-way.
(4)
A plat note describing the location of the proposed masonry wall
shall be included on the preliminary plat and the final plat. A fence
schematic shall be provided along with the final plat.
(5)
Prior to the city’s issuance of a final certificate for residential
occupancy, the developer must complete the subdivision screening wall
required herein. The walls are permitted to be developed in phases
as they are final platted.
(6)
It shall be the responsibility of any person, firm, corporation,
or other entity who shall own or occupy any lot or lots on which a
screening wall was constructed pursuant to the terms of this article
to adequately maintain the wall and to prevent it from becoming dilapidated
or unsightly.
(b)
Fence and screening regulations in residential zoning.
A fence is not required for residential property abutting residential property. If a fence is installed by property owner for privacy or security reasons then a wooden or decorative wrought iron fence not-to-exceed six feet (6') is allowed only in the designated rear yard and side yard with a side-yard fence not extending beyond the actual front building line. Wooden fences must meet the requirements set forth in section 15.02.093(1). When a rear or side yard of a residential property is adjacent to a public right-of-way then a continuous solid masonry screening wall not to exceed six feet (6') height or a wooden fence not to exceed six feet (6') in height is required to be installed along the side and rear yard of the residential property. Design and construction of such a wooden fence or masonry wall shall follow standards set forth in section 15.02.093(1) and (2) respectively of this article.
(c)
Fence and screening regulations in nonresidential zoning (including
multifamily and manufactured home zoning district).
(1)
A minimum six feet (6') tall solid masonry screening wall is required on any nonresidential property adjacent to residential property. The masonry wall shall be constructed at the sole expense of the property owner and/or tenant of the nonresidentially zoned (including multifamily and manufactured home park) property and shall be maintained by the same. Design and construction of such a masonry wall shall follow standards set forth in section 15.02.093(2) of this article. If the screening fence is required to screen a multifamily use from a single-family residential use or any nonresidential use, the fence shall be comprised of brick only and installed and maintained by the property owner/tenant of the property with the more intensive use.
(3)
Any industrial use or industrial (I) zoned property shall have a solid, opaque masonry screening wall on all three sides except the side or sides facing the public right-of-way. The height of this wall shall be between eight feet (8') and twelve feet (12'). The material and standards shall conform to section 15.02.093(2).
(Ordinance O-08-13 adopted 5/7/13)
(a)
The city and/or any utility company may require the removal of any
fence built upon a drainage or utility easement. The owner of the
fence shall be responsible for the removal and rebuilding of the fence
at the owner’s expense.
(b)
The owner of a fence shall be responsible for the design, construction
and maintenance of the fence and shall be so as not to interfere with
utility lines or normal drainage.
(c)
Permission to build a fence upon a utility easement may only be granted
by the city’s public works director.
(d)
Where a fence is to be placed in an easement containing underground
utilities the owner or occupant shall sign a release indemnifying
the city from any damages for removal of the fence and damage to the
fence as a result of the need to repair or replace said utilities.
(Ordinance O-08-13 adopted 5/7/13)
Solid, opaque screening of mechanical equipment shall be required
within the city under the following provisions:
(1)
Mechanical equipment located on the roof of any building shall be completely shielded from view on all the sides. Mechanical equipment on the ground shall be screened with landscaping or hard screening with any approved material listed under section 15.02.093 preferably of consistent color, material and design as the main structure. The development review committee (DRC) may approve the use of landscaping or live screen if the intent of building a mechanical screen can be accomplished to achieve an aesthetic, comparable finish as required by this section.
(2)
All equipment must be shielded from view of adjacent properties for
a distance of two hundred (200) feet from the property line, at a
point six feet (6') above grade.
(3)
All screening material shall be of consistent color, material and
design with the primary structure.
(4)
Mechanical equipment shall not include exhaust fans, vents or drains.
(5)
Total screened areas of the roof-mounted equipment shall not exceed
twenty-five percent (25%) of the roof area of the structure.
(6)
When the total screened area(s) of roof-mounted structures exceeds
twenty-five percent (25%) of the roof area, a parapet wall of consistent
color, material and design as the main structure, at least as high
as the roof-mounted equipment shall be constructed along the sides
of the roof of the building where such views exist.
(Ordinance O-08-13 adopted 5/7/13)
Screening of trash/recycling receptacles or any garbage, refuse
and trash/recycling collection and storage areas within nonresidential
zones (including multifamily and mobile home districts) shall be required
within the city under the following provisions:
(1)
Any trash/recycling receptacles or any garbage, refuse and trash/recycling
collection and storage areas visible from public right-of-way shall
be screening by minimum six feet (6') tall solid, masonry wall on
all three sides with an opaque metal gate on the fourth side that
to be used for garbage pickup services and secure the trash storage
area.
(Ordinance O-08-13 adopted 5/7/13)
Where outdoor storage is permitted in nonresidential districts
it shall be subject to the following provisions:
(1)
Shall consist of any combination of fences, walls, berms and landscaping
that is at least six (6) feet in height.
(2)
Shall provide a permanent, opaque, yearround screening around the
entire perimeter of the outdoor storage area.
(3)
Evergreen plant materials are encouraged as screening. The plants
shall be irrigated, pruned and maintained.
(4)
The primary outdoor storage of living plant material stored on the
ground is not subject to the screening requirements.
(5)
All equipment, tools, vehicles etc. associated with upkeep, maintenance
of living plant material that are stored outdoors are subject to screening.
(6)
A periodic market held in open area such as farmer’s or flea
market where a group of individual sellers offer goods for sale are
not subject to outdoor storage screening regulations.
(7)
General construction activity is not subject to outdoor storage screening
regulations.
(8)
Outdoor display areas are exempted from screening requirements.
(Ordinance O-08-13 adopted 5/7/13)
Screening for loading docks and/or truck berths visible from
public right-of-way is required in accordance with the following provisions:
(1)
Loading docks and/or truck berths shall be screened by opaque walls,
wooden fences, landscaped berms, or landscape areas;
(2)
Shall be at least eight feet (8') in height;
(3)
Must screen loading dock areas from view from the public street right-of-way
with the greatest pavement width parallel to the trailer berths; and
(4)
Shall be of sufficient length to screen the maximum size trailer
which can be accommodated on site and shall be parallel to trailer
berths. Example: Docks and berths that accommodate a 50-foot trailer
shall be screened with a 50-foot wall parallel to the berth.
(Ordinance O-08-13 adopted 5/7/13)
All wrecking yards and salvage yards with open storage of wrecked
or salvaged automobiles, machinery, appliances, or other used commodities
and equipment shall be screened as follows:
(1)
A solid, opaque masonry screening wall shall surround such open storage area. The height of this wall shall be between eight feet (8') and twelve feet (12'). The material and standards shall conform to section 15.02.093(2).
(2)
In no instance will any automobile, machinery, appliances, or any
other material be allowed to be stacked to a height that exceeds the
height of the screening wall.
(Ordinance O-08-13 adopted 5/7/13)
(a)
Any fence or screening device shall be maintained by the property
owner. The owner shall replace broken, damaged, removed or missing
parts of a fence within ten (10) days upon receipt of notice from
the city with the same material, or material with comparable composition,
color, size, shape and quality of the original fence to which the
repair is being made.
(b)
In case of shared fence between uses of differing intensity, the
property owner of the more intensive use shall be responsible for
maintenance of the entire fence.
(c)
Fence/screening device shall be maintained in sound structural condition.
The property owner shall maintain fences, including those existing
prior to the adoption of this section, at all times in a state of
good repair, safe and secure condition, with all braces, bolts, nails,
supporting frame and fastenings free from deterioration, termite infestation,
rot, rust or loosening, and able to withstand at all times the wind
pressure for which they were designed.
(d)
Property owners shall be responsible for maintaining all fence supports,
gates, structural members and exterior surfaces in good repair free
of rusting, peeling or blistering paint or other surface damage.
(e)
Property owners shall not maintain graffiti, writings and other symbols
on a fence.
(Ordinance O-08-13 adopted 5/7/13)
