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 in this article are prescribed for the location and type of various screening devices to be used when required in the various zoning districts or in this article in accordance with the following standards.
(2006 Code, sec. 28-51; Ordinance 09-05-797, sec. 2 (art. II, sec. 1), adopted 5/18/09)
(a) 
Screening for residential districts.
In the event that a multifamily or manufactured housing district (including planned developments, PDs) sides or backs upon a single-family or duplex residential district, or in the event that a nonresidential district (including PDs) sides or backs upon any type of residential, a solid brick/masonry screening wall of not less than six feet, nor more than eight feet, in height shall be erected on the property line separating these districts. The purpose of the screening wall or fence is to provide a visual and protective barrier between the properties. For these required screening walls, and also for screening walls/fences along arterials, ornamental lighting and detailing that are placed on top of the masonry support columns may exceed the maximum eight-foot height limit by up to 24 inches provided that they are decorative in nature and are integrated into (and complementary to) the design of the screening wall, and provided that light fixtures do not illuminate adjacent property or cause a nuisance to adjoining neighbors. Grand entryway features into subdivisions from an arterial shall be located on private property, and shall be owned and maintained by a private entity. Such features shall not extend over the public right-of-way, and shall be limited to a height of ten feet above grade unless otherwise approved on the screening/landscaping plans by the city council, upon recommendation by the planning and zoning commission. All fences/walls, other than private wood fences on residential lot/tracts, which shall only require a fence permit from the city, and subdivision entryway features shall be properly engineered, and shall be approved by the city engineer and by the city council.
(1) 
The owner of the multifamily or manufactured/mobile home property shall be responsible for and shall build and maintain the required wall on the property line dividing the property from the single-family or duplex residential district.
(2) 
When screening is required between nonresidential and residential uses, it shall be the responsibility of the nonresidential use to construct and maintain the screening wall.
(3) 
Any screening wall or fence required under the provisions of this article or under a specific use permit, planned development district, or other requirement shall be constructed of masonry, reinforced concrete, or other similar suitable permanent materials which do not contain openings, except limited gates for pedestrian access, if approved, and which are finished on both sides with the same or similar materials and colors as the main building on the property that is responsible for the screening wall. All wall or fence openings shall be equipped with gates equal in height and screening characteristics to the wall or fence.
(4) 
Alternative equivalent screening may be approved through the site plan approval process, article 30.02, division 7 (see the subdivision regulations in chapter 28 for suggested screening alternatives that may be used in lieu of a solid masonry wall).
(b) 
Screening fence or wall in yard adjacent to public street.
In nonresidential, multifamily and manufactured housing districts, no fence or wall shall be erected in any front yard or side yard which is adjacent to a public street unless the fence/wall is required to screen the development from an adjacent residential area. In this case, the screening fence/wall shall be extended out to the street right-of-way line by the developer of the nonresidential, multifamily or manufactured/mobile home development, and the fence/wall shall be finished on both sides in a manner/color that is compatible to the exterior finish materials used on the main buildings, except for a manufactured housing park. Screening fences/walls shall be placed such that they do not impede visibility for vehicles entering or exiting the nonresidential, multifamily or manufactured/mobile home development (see section 30.07.108 for sight visibility requirements).
(c) 
Permits.
All fences and walls require permits.
(d) 
Sight visibility requirements.
See section 30.07.108(a) for sight visibility requirements for fences and screening walls.
(e) 
Screening of open storage required.
Open storage of materials, commodities or equipment (see chapter 30, appendix A-3, use regulations, for zoning districts permitting outside storage) shall be screened with a minimum six-foot fence or wall, and shall not be visible from the street or from adjacent property. (See definition of “outside storage” in section 30.01.006).
(f) 
Standards for screening of open storage.
(1) 
In districts permitting open storage, screening shall be required only for those areas used for open storage. A six-foot screening fence or wall shall be provided and maintained at the property line adjacent to the area to be screened by one or a combination of the following methods:
(A) 
Solid masonry (brick, concrete block or concrete panels).
(B) 
Wrought iron with solid landscape screening.
(C) 
Alternate equivalent screening may be approved through the site plan approval process under article 30.02, division 7.
(2) 
No outside storage may exceed the height of the fence. Outside storage exceeding eight feet shall require a specific use permit.
(g) 
Refuse storage areas.
Refuse storage areas which are not within a screened rear service area and which are visible from a public right-of-way for all nonresidential, multifamily and manufactured housing park uses shall be visually screened by a minimum six-foot solid masonry wall on at least three sides (see illustration 11 for refuse container enclosure diagrams, printed at the end of chapter 30). The fourth side, which is to be used for garbage pickup service, shall provide a solid gate to secure the refuse storage area. Alternate equivalent screening methods may be approved through the site plan approval process, article 30.02, division 7. Each refuse facility shall be located so as to facilitate pickup by refuse collection agencies. Adequate reinforced paved areas shall be provided for refuse facilities and their approaches for loading and unloading, as per illustration 11.
(h) 
Ground-mounted utility structures.
Plans and specifications for screening and/or fencing around ground-mounted utility structures shall be approved in writing by the affected utility company, and shall be submitted, along with an approval letter/document from the utility company, to the city manager, or his designee, for review and approval prior to construction of said screening/fencing.
(i) 
Ground-mounted equipment.
Equipment such HVAC, auxiliary power equipment and other mechanical equipment shall be screened by means of a masonry screening wall or wrought-iron fence with solid landscaping, either of which shall be of sufficient height to block visibility of the equipment from view at the property line.
(2006 Code, sec. 28-52; Ordinance 09-05-797, sec. 2 (art. II, sec. 2), adopted 5/18/09; Ordinance 17-11-1069, sec. 3, adopted 11/21/17)
(a) 
Definitions.
The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Build.
Construct, erect or place, or cause, suffer or allow another to construct, erect or place.
Fence.
Any structure which exceeds 18 inches in height above the nearest grade and which encloses, partitions or divides any yard as defined in chapter 30.
Residentially zoned.
Property zoned single-family, patio home, or single-family attached, or any property zoned as a planned development district (hereafter PD district) where the base zoning within the PD district is one of the foregoing.
Zoning ordinance.
The city zoning ordinance, as set out in chapter 30, as amended.
(b) 
Height limit.
No fence shall be built so as to exceed eight feet in height on any residentially zoned property nor shall a fence be built so as to exceed ten feet on any nonresidential property.
(c) 
Measurement of fence height.
Fence height shall be measured from the grade adjacent to the fence from the applicant’s side of the fence. If the fence is constructed on top of a retaining wall it shall be measured from the top of the retaining wall.
(d) 
Depth of posts.
Posts must be set at a depth according to the following:
Fence Height
Post Depth
8 feet or higher
3 feet
6 feet
2 feet
4 feet or lower
18 inches
(e) 
Permit requirement; inspection and maintenance.
(1) 
Permit requirement; minor repairs.
No fence shall be constructed within the city without the owner or person in control of such premises, or his agent or contractor, having secured a permit therefor from the building official or his designee. A fence repair permit shall be required for the replacement of fifteen (15) linear feet or more of fencing and/or the replacement of five (5) or more posts. Repairs shall be made with comparable materials of a comparable color to the remaining portion of such fence.
(2) 
Inspection and maintenance.
When any fence is completed, it must be inspected. The permit department shall be notified upon completion of the fence. The building official (or his designee) will issue a card of acceptance if the fence complies with the provisions of this article, or it will be rejected. All fences constructed under the provisions of this article shall be maintained so as to comply with the requirements of this article at all times. Fences shall be maintained by the owner or person in charge of the property in as near as possible the condition of such fence when installed and accepted as provided herein, and will be subject to code compliance notification and issuance of a citation if not maintained in such condition. Fences shall be maintained as follows:
(A) 
Such fence shall not be out of vertical alignment more than 20 degrees.
(B) 
All damaged, removed or missing portions of such fence shall be replaced or repaired with comparable materials of a comparable color to the remaining portion of such fence.
(C) 
If a new fence, section of fence or fence replacement is proposed to be composed of wood, all wood elements (posts, fence panels, etc.) used shall be pressure-treated with the chemicals alkaline copper quaternary (ACQ), copper azole (CA) or micronized copper quaternary (MCQ). In addition, non-pressure-treated cedar and redwood are acceptable.
(3) 
Masonry columns.
All masonry columns greater than four feet in height shall require an engineered stamped design.
(f) 
Prohibited materials.
(1) 
No person shall build any fence composed, in whole or in part, of:
(A) 
Barbed wire or razor wire;
(B) 
Welded or woven wire such as chicken wire, hog wire, stockade panels and similar agricultural wires (does not include chain link);
(C) 
Used materials (as defined by the city);
(D) 
An electric fence;
(E) 
Galvanized sheetmetal, corrugated metal, or corrugated fiberglass; or
(F) 
Materials not approved for exterior exposure.
(2) 
The following are affirmative defenses to a violation of this section:
(A) 
On a lot that has an area of one and one-half acres or more, provided that the fence is not otherwise prohibited by any other ordinance or law, a fence may be composed of barbed wire, welded wire or woven wire, or both, and may include an electric fence if the electric fence charging device is approved by a nationally recognized testing laboratory.
(B) 
In a residential zone, an electric fence may be located only within the side and rear yard, all electrified components must be located a minimum of six inches inside another fence (which must be a minimum of 36 inches in height), the electric fence charging device must be approved by a nationally recognized testing laboratory and the fence shall otherwise comply with all applicable laws and ordinances.
(C) 
This section does not prohibit the use of corrugated metal material with a minimum 26 gauge and one-inch corrugation when commercially designed and engineered as a fencing material as a component of a modular, prefabricated fence.
(D) 
When mandated by state or federal statute.
(E) 
When required for public safety for local governmental facilities.
(g) 
Construction or protrusion on public property.
No fence or any part of such fence shall be constructed upon or caused to protrude over public property. All fences must be maintained in a plane so as not to overhang public property.
(h) 
Restrictions in certain locations.
(1) 
Fences in easements.
No fence shall be located within any easement except by prior written approval of those agencies having interest in such easement. Fences within utility, surface drainage (including inlets and concrete flumes) and maintenance easements must be constructed with ornamental iron and removable fence sections. All vertical bars must be a minimum of three inches on center and must not exceed 3-15/16 inches on center. The maximum diameter of all vertical and horizontal bars shall be two inches. The minimum clearance between the bottom of the fence and grade is two inches. Fences within drainage easements that serve underground reinforced concrete pipe (i.e., non-surface drainage) must be constructed with metal posts and with removable fence sections.
(2) 
Attachment to screening wall.
Where subdivisions are platted so that the rear or side yards of single-family residential lots are adjacent to a public street on which a screening wall has been provided, no wall or fence shall be attached to the screening wall.
(i) 
Fences in front yard.
No fence shall be built within the required front yard, as defined in the zoning ordinance, except for lots that have an area of one and one-half acres or greater. Front yard fencing shall be limited to four feet in height and shall not be of solid construction, providing that at least 50 percent of the fence be open.
(j) 
Gates.
(1) 
Any fence built so as to enclose an area shall provide a gate or other opening in the fence of at least three feet in width and with a minimum headroom clearance of six feet, eight inches in height.
(2) 
Gates for vehicular use must be a minimum of 24 feet from the property line for all types of property other than residential.
(k) 
Wind load requirement.
Fences must be able to structurally support fencing materials for a 70-mile-per-hour wind speed.
(l) 
Swimming pool fences.
Fences around swimming pools shall be in conformance with this section and with article 24.07.
(m) 
Sight visibility.
See section 30.07.108(a) for sight visibility requirements for fences and screening walls.
(n) 
Special-purpose fencing.
Special-purpose fencing, such as fencing around tennis courts, dog runs, etc., is permitted. Special-purpose fencing shall comply with the requirements as set forth in this section. Smooth, non-climbable two-inch by four-inch mesh on metal posts will be acceptable behind the building line. Any other materials require approval from the building official.
(o) 
Back-to-back fencing.
Back-to-back fencing is not allowed at a distance of less than five feet.
(p) 
Nonconforming fences.
A fence that does not comply with the requirements of this article as of May 27, 2004, shall be allowed to remain unless the fence is replaced, destroyed or damaged to the extent of 60 percent or more of the value of the structure, in which event the right to maintain the structure shall terminate.
(q) 
Height transition.
Where a privacy fence and a fence or wall that screens a thoroughfare or public street of different heights meet or connect, a stair-step transition/effect shall be provided to match the height of the fence that is lower in height. Such transition must be in lengths of no less than eight feet for each one foot of change of elevation and as approved by the city.
(r) 
Fence post visibility.
Where a privacy fence faces a public right-of-way, the fence must be built with the posts on the inside of the property and may not be facing the public right-of-way.
(s) 
Approval by homeowners’ association.
Approval of a fence application does not constitute or supersede approval by the applicant’s homeowner’s association.
(2006 Code, sec. 28-53; Ordinance 09-05-797, sec. 2 (art. II, sec. 3), adopted 5/18/09; Ordinance 13-02-947, sec. 12, adopted 2/19/13; Ordinance 13-11-962, sec. 2, adopted 11/19/13; Ordinance adopting 2015 Code; Ordinance 19-01-1112, secs. 2.01–2.02, adopted 1/15/19)
(a) 
The planning and zoning commission shall hold a public hearing on any request for a variation or exception to the standards provided by this article. The planning and zoning commission may not recommend a variation or exception unless the planning and zoning commission determines that the variation or exception will not substantially alter the intent of the standards established by this article.
(b) 
All recommendations of the planning and zoning commission under this article shall be forwarded to the city council. When the planning and zoning commission denies a request for a variation or exception to the standards set forth in this article, a hearing before the city council shall be set only if a written appeal is filed by the applicant with the city manager or his/her designee within 15 days of the date of the denial.
(2006 Code, sec. 28-54; Ordinance 09-05-797, sec. 2 (art. II, sec. 4), adopted 5/18/09)