[The purpose of this article is] to encourage the most appropriate use of land and conserve and protect the privacy and value of adjacent permitted uses. Regulations are prescribed for the location and type of various screening devices to be used upon single-family properties and/or within residential areas. This article shall apply to all fences constructed after the date in which the ordinance establishing this article became effective and to any fences in which over fifty (50) percent of the fence has been damaged, destroyed or otherwise requires replacement, including nonconforming fences erected prior to the effective date of the ordinance from which this article derives.
(Ordinance 22-916 adopted 1/27/22)
For the purpose of this article, the following terms, phrases, words and their derivation shall have the meaning given below:
Corner lot.
A lot situated at the junction of two (2) or more private or dedicated public streets.
Fence.
Any wall or structure more than eighteen inches (18") in height constructed for the purpose of enclosing, screening, restricting access to or providing decoration to any lot, building or structure. A fence is any part of a fence, including the base, footings, supporting columns, post, braces, gates, structural members or any other of its appendages.
Front yard.
An open, unoccupied space on a lot facing a street and extending from the front of the lot to the front of the principal building, between the side lot lines.
Nonconforming fence.
Any fence that was constructed before the effective date of the ordinance which established this article that does not meet the requirements set forth in this article.
Rear yard.
A space unoccupied by the principal structure extending for the full width of the lot between a principal structure and the rear lot line.
Repair.
A repair to a fence shall be defined as maintenance to a fence where replacement of materials does not exceed fifty (50) percent of the length of the fence and does not change the scope, location or dimensions of the fence. Repairs shall be made using the same material, or material with comparable composition, color, size, shape and quality of the original fence to which the repair is being made.
Side yard.
An open unoccupied space on the same lot with the building, situated between the building and the side line of the lot, and extending from the front yard to the rear yard.
(Ordinance 22-916 adopted 1/27/22)
It shall be a violation of this article for any person to construct or cause to have constructed any type of fence or any part of a fence without first having obtained a permit from the building and inspections department. The permit fee shall be established by the general fee schedule for permits as adopted by resolution of the city council.
(1) 
Application.
Any person must supply the following information (in addition to all requested information on the permit application forms) when applying for a permit to erect a fence:
(A) 
Type of fence (i.e. style, material and design);
(B) 
Height of fence;
(C) 
A survey or scalable plat plan of the entire property showing the location of the fence and/or retaining wall and any existing improvements (structures) on the property; and
(D) 
Approximate monetary value of the proposed fence.
(2) 
Exception.
No permit is required for a repair to a fence as that term is defined in section 9.07.002.
(Ordinance 22-916 adopted 1/27/22)
No fence or guy wires, braces or posts of such fence shall be constructed upon or caused, allowed or permitted to protrude over property that the city or the general public has dominion and control over, owns or has an easement over, under, around or through, except upon utility easements that permit fencing or by approval of the city council.
(Ordinance 22-916 adopted 1/27/22)
(a) 
Rear yard requirements.
It shall be unlawful to erect a fence at a height exceeding eight (8) feet in any rear yard or along any rear yard lot line. Where driveways connect to alleys in commercial, industrial and/or residential areas, fences shall only be constructed along the rear lot line of any lot to within five (5) feet of a point where the driveway should intersect the alley. Fences to be constructed along any driveway or perpendicular to alleys shall not be constructed within five (5) feet of the rear lot line or alley easement line.
(b) 
Side yard requirements.
It shall be unlawful to erect a fence at a height exceeding eight (8) feet in any side yard or along any side lot line.
(c) 
Front yard requirements.
Only a decorative fence (e.g. wrought iron, wood, masonry) may be erected in the front yard building setback area, and only if all of the following requirements are met:
(1) 
No front yard fence shall be erected to a height greater than four (4) feet above the finished lot grade.
(2) 
Front yard fence material shall not be of wire, mesh or chain link. Samples of all other materials to be used shall be approved by the chief building official.
(3) 
The solid area of the front yard fence shall not exceed fifty (50) percent of the total area of the fence, with no massing of solid material widths greater than six (6) inches, except for corners or posts.
(4) 
No front yard fence shall be constructed on a corner lot that does not afford proper visual clearance approved by the chief building official for traffic approaching the intersection in either direction. Proper visual clearance shall be maintained for a distance of not less than thirty (30) feet on each street.
(d) 
Fences along a roadway.
All fences along a roadway, whether public or private, must have a finished side facing the roadway.
(Ordinance 22-916 adopted 1/27/22; Ordinance 22-925 adopted 4/14/22)
(a) 
It shall be unlawful for any fence that is electrically charged in any form or manner to be erected in a residential area as defined by the Code of Ordinances. This restriction does not apply to usage for restraining livestock where permitted or single strand wires constructed within three (3) feet from ground level to restrain small animals. When electrically charged fences are used, warning signs must be posted every seventy-five (75) feet. Electrical charging units must be low voltage, U.L. approved.
(b) 
It shall be unlawful for any person to erect, construct, maintain or permit a fence that:
(1) 
Is constructed with rope; string; except as otherwise provided in this article, wire products, including but not limited to, chicken wire, hog wire, wire fabric and similar welded or woven wire fabrics; live bamboo; netting; cut or broken glass; paper; corrugated metal panels; galvanized sheet metal; plywood, tubular steel or fiberglass panels.
(2) 
Is constructed of chain link.
(3) 
Is constructed of damaged, deteriorated or unsafe materials.
(4) 
Is constructed with used or recycled materials, unless it can be determined by the chief building official that the materials meet the requirements of the building code for new materials.
(5) 
Is temporary in nature except where required by code for construction, excavation or life safety issues, provided however that temporary fences made of wire and not in excess of three feet in height are permitted for residential gardens.
(c) 
Wire products, tubular steel or other materials that are manufactured specifically for agricultural uses or for the restraining of livestock may only be erected in areas where livestock is permitted and must be approved by the chief building official.
(d) 
Barbed wire shall be used only to restrain livestock or as part of a fence on a commercial or industrial property where the lowest strand of barbed wire is not less than six and one-half (6-1/2) feet above grade.
(Ordinance 22-916 adopted 1/27/22)
A person constructing or maintaining a fence or wall enclosure around a swimming pool, spa or hot tub shall comply with the minimum requirements of the city’s building codes, including but not limited to the city-adopted International Residential Code, as it exists or may be amended, and other applicable laws.
(Ordinance 22-916 adopted 1/27/22)
(a) 
Any person, group of persons, firm or corporation owning or having control of any fence within the city shall be responsible to maintain the fence in a safe and presentable condition and in compliance with the requirements of this article. This shall include, but not be limited to, replacement of broken or defective boards, posts, wire or other fence parts that may cause the fence to be unsafe or unsightly, and the correction of any visible and/or unsafe lean in the fence. Failure to properly maintain such fence as required under this article shall be considered a violation of this article.
(b) 
All fences, including without limitation, fences existing on the effective date of this article are subject to inspection and may be tagged as safety hazards or public nuisance if not adequately maintained.
(Ordinance 22-916 adopted 1/27/22)
Any person to whom a notice of violation is issued shall have thirty (30) days after receipt of the notice of violation in which to comply. The city reserves the right to abate unsafe fences in order to protect public safety and place a lien upon the property for the expense of the abatement.
(Ordinance 22-916 adopted 1/27/22)
(a) 
An appeal from a decision of the building official under this article shall be made to the city council.
(b) 
When in its judgement the public convenience and welfare will be substantially served and the appropriate use of the neighboring property will not be substantially injured, the city council may authorize a variance to the regulations provided in this article in order to permit reasonable development and improvement of property where the literal enforcement of the regulations would result in an unnecessary hardship including but not limited to:
(1) 
A unique physical condition that exists within or adjacent to the subject tract or structure(s) located thereon which distinguishes it from others similarly situated, and which creates an exceptional hardship, difficulty, or inequity that would result from literal enforcement;
(2) 
The condition or characteristic noted above is not caused by an action of the property owner, occupant, or applicant;
(3) 
The variance is the minimum amount necessary to allow a reasonable use of the property;
(4) 
The sole reason for the variance is not a desire of the owner, occupant, or applicant for increased financial gain or reduced financial hardship;
(5) 
The variance will not alter the essential character of the area or block face within which the subject property is located, and is in harmony with the intent and purposes of this article.
(c) 
An appeal for variance must be submitted on the form as prescribed by the building and permits department and shall be subject to an application fee as provided in the fee schedule in appendix A of this code.
(Ordinance 22-916 adopted 1/27/22; Ordinance adopting 2022 Code)
Any person who shall willfully, intentionally, or with criminal negligence violate any provision of this article shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined in an amount in accordance with section 1.01.009 of this code. Each day of violation shall constitute a separate offense.
(Ordinance 22-916 adopted 1/27/22; Ordinance adopting 2022 Code)