(Ord. No. B-582(A0508), § 1(36-100), 6-26-2008; Ord. No. CSO#725-10-2017, § 1(Exh. A), 10-16-2017)
No fence, wall or outdoor area enclosure structure, may be erected or altered within the city unless the fence, wall, or outdoor area enclosure is in conformance with the provisions of this chapter.
(Ord. No. B-582(A0508), § 1(36-105), 6-26-2008; Ord. No. CSO#725-10-2017, § 1(Exh. A), 10-16-2017)
For the purposes of this chapter, the following definitions shall apply:
ADMINISTRATIVE VARIANCE
A procedure whereby the city manager, or his/her designee, may review and approve certain modifications and adjustments to the location, appearance and construction of privacy/security enclosures and decorative fences.
ALTERNATE ORIENTATION
Created when a structure located on a corner lot is constructed to face the street frontage not normally associated to be the front of the lot.
CORNER LOT
A lot, tract or parcel which abuts two streets at their intersection, with the longer street frontage being the side of the lot.
CORNER ORIENTATION
Created when a structure located on a corner lot is constructed to face the intersection, diagonally across a lot, rather than a traditional orientation toward one of the intersecting streets. In cases of corner orientation, both sides of the lot along the street frontages are to be treated as front yards.
DECORATIVE FENCE
A fence or outdoor area enclosure constructed for aesthetic purposes only constructed of material such as wood pickets, lattice work, decorative metal, masonry or stone, meeting the requirements of this section.
ELECTRICAL FENCE
An outdoor area enclosure that contains an electrically charged or partially charged metallic material designed to discourage crossing by either man or animal.
FENCE
An outdoor area enclosure of masonry, wood, chain link, plaster or other approved building material no more than three inches in thickness, serving to enclose, divide or protect an area.
FRONT BUILDING SETBACK
Minimum required front yard setback as specified under section 52 [A, agricultural district] through section 86 [SP, site plan district] of the zoning ordinance [appendix B of this Code].
KEY LOT
An interior lot, tract or parcel which sides to the rear of one or more lots, tracts or parcels.
NONRESIDENTIAL ZONED AREA
Any land within the city zoned for nonresidential uses: A, NS, GR, C, CC, I.
OFFICE, BUSINESS OR INDUSTRIAL PARK/COMPLEX ENCLOSURE (INCLUDING ENTRY FEATURES)
A wall of masonry or masonry and pressure-treated timber, plaster, iron or other approved building material serving to enclose or protect an office, business or industrial park/complex.
OUTDOOR AREA ENCLOSURE
Any fence, wall, or structure of various materials designed to serve as an enclosure of an outdoor area, a barrier or boundary, or to otherwise divide or protect an area.
PRIVACY SECURITY ENCLOSURES
Fences, walls or structures located on individual lots, tracts or parcels for the purpose of enclosing an outdoor area for privacy or security purposes.
RESIDENTIAL SUBDIVISION ENCLOSURES (INCLUDING SUBDIVISION ENTRY FEATURES)
A wall of masonry or masonry and pressure treated timber, plaster, iron or other approved building material serving to enclose, divide or protect a residential subdivision.
RESIDENTIAL ZONED AREAS
Any land within the city zoned for residential uses: SFR, SFE, SF10, SF16, SF7, SFA, 2F, MF1, MF2, MH, and MHP.
WALL
An outdoor area enclosure of masonry, wood, plaster or other approved building material that exceeds three inches in thickness, serving to enclose, divide or protect an area.
VISIBILITY TRIANGLE
An area as defined in the subdivision ordinance [appendix A of this Code] of the city, located at the intersection of two streets, access easements or alleys or any combination thereof where no structure, growth or object shall exceed two feet in height.
(Ord. No. B-582(K1110), § 2, 12-6-2010; Ord. No. CSO#725-10-2017, § 1(Exh. A), 10-16-2017)
The provisions of this chapter shall not be applicable in the business park overlay district area.
(Ord. No. CSO#725-10-2017, § 1(Exh. A), 10-16-2017)
(a) 
The city manager, or his/her designee, may consider and approve an administrative variance for provisions of this chapter if the modification is determined to support public safety and demonstrate neighborhood compatibility.
(1) 
Application and fee.
A person may request a waiver from the requirements of this chapter by filing said request with the development services director on forms provided by the department. A request for waiver shall be accompanied by a non-refundable fee. The fee shall be established by the city council as provided for on the adopted fee schedule. All necessary support documentation shall be provided at time of application.
a. 
Adjacent property notification.
1. 
The city shall send notification of the waiver request to all property owners whose property adjoins the subject property or is located directly across the street from the subject property (please refer to figure 36-1 for reference).
2. 
Notified property owners will be provided with two weeks in which to express opposition to the waiver request. If opposition is received, the waiver request will be forwarded to the city council for consideration following the appeals procedure below.
3. 
In order to expedite the process, the applicant may receive sign-off approval from the notified property owners and provide the signatures on a form provided by the city.
b. 
Approval standards.
1. 
In no case shall an administrative variance allow any residential privacy/security enclosure to be located closer that five feet to a side property line of corner lots backing up to key lots nor shall an administrative waiver be granted to allow any fence to encroach within any easement.
2. 
The following criteria shall be conserved and the variance may be granted only if:
i. 
There are special circumstances existing on the property on which the application is made related to size, shape, area, topography, surrounding conditions, and location that do not apply generally to other property in the same area and the same zoning district.
ii. 
That a variance is necessary to permit the applicant the same rights in the use of his property that are presently enjoyed, under the ordinance, by other properties in the vicinity and zone, but which rights are denied to the property on which the application is made.
iii. 
That the granting of the variance on the specific property will not adversely affect the land use pattern as outlined by the land use plan and will not adversely affect any other feature of the comprehensive plan of the city.
iv. 
That the variance, if granted, will not be materially detrimental to the public welfare of the use, enjoyment, or value of property within the vicinity.
(b) 
Appeals of any decision rendered from an administrative variance application may be forwarded to the city council for consideration.
(1) 
Application and fee.
An application to the city council for appeal of the administrative variance decision per this section shall be initiated by filing said request with the development services department on forms provided by the department. All necessary support documentation shall be provided at time of application.
(2) 
Agenda item consideration.
Upon application, the development services department shall prepare a written report outlining the nature of the application, the administrative variance decision previously rendered and grounds for the decision. The applicant will be provided the opportunity to present relevant information and discuss the application with the city council to further support the application as related to the appropriateness of the appeal.
(3) 
Public hearing required.
No action to approve or deny the request shall be taken until the city council has held a public hearing. Written notice of the date, time and place of the public hearing shall be sent to the owners of real property who either adjoin or are located directly across the street from the property where said waiver is being requested. Such notice shall be given to each property owner, as listed on the last approved tax roll, not less than ten days before the date of the hearing by depositing letters properly addressed and postage paid in the United States Post Office.
(4) 
Findings by the city council.
In granting relief from the administrative variance decision, the city council shall consider: special property circumstances; denial of rights as granted to others in the immediate vicinity; adverse impacts on adjoining and neighboring properties; public safety; and, any other factor deemed appropriate by the city council.
(5) 
Action by the city council.
Any terms or conditions related to the appeal application shall be noted in the minutes of the city council meeting. Compliance with said terms and conditions shall be condition precedent to the issuance building permits for the structure. In the event that the appeal request is denied by the city council, no other applications shall be considered or acted upon by the city council for the same item or issue for a period of 12 months after denial of the application.
(Ord. No. B-582(A0508), § 1(36-110), 6-26-2008; Ord. No. CSO#725-10-2017, § 1(Exh. A), 10-16-2017)
In residentially zoned districts, fences, walls and outdoor area enclosure structures may be erected if in accordance with the following regulations:
(a) 
Privacy/security enclosures.
(1) 
May be fences or walls.
(2) 
Shall not exceed eight feet in height.
(3) 
Must consist of metal poles.
(4) 
May be erected along the rear lot line of any lot.
(5) 
May be erected along the side lot lines of any interior lot in accordance with the required front yard setback.
(6) 
Must be set back at least seven feet from a side property line of corner lots, provided the corner lot does not back up to a key lot.
(7) 
Must be set back at least 15 feet from a side property line of corner lots backing up to key lots.
(8) 
Chain link fences are prohibited along the designated rear lot line of any double frontage lot.
(b) 
Decorative fence.
(1) 
Shall not be walls;
(2) 
Shall not exceed four feet in height;
(3) 
Shall not have a solid surface area that exceeds 30 percent of the total surface area of the fence;
(4) 
May be erected upon any residential lot line;
(5) 
May not encroach upon any right-of-way, drainage or access easement, or floodway;
(6) 
May be allowed within the visibility triangle with a maximum height of two feet;
(7) 
Must be set back at least seven feet from the front and side lot lines a minimum of seven feet (see zoning ordinance appendix illustration, number 12 [appendix B of this Code]), if greater than two feet in height;
(8) 
Shall contain openings for breaks for access when located in front yards, so that no more than 75 percent of the total frontage is bounded by a decorative fence or gate;
(9) 
Shall be constructed of wood picket, lattice work, or decorative metal, with or without masonry and/or stone elements; and
(10) 
Shall not be constructed of chain link, barbed wire or similar enclosure materials.
(c) 
Residential subdivision enclosures (including subdivision entry features).
(1) 
Shall be walls or combination of decorative fences as approved by the development assistance committee;
(2) 
Shall be constructed with minimum ten-inch by 20-inch brick columns set on piers with a maximum spacing of ten feet on center. Infill material between brick column shall be brick, pressure-treated lumber, plaster, iron or other approved material;
(3) 
Shall not exceed eight feet in height;
(4) 
Walls enclosing residential subdivision may be erected along rear property lines and along the side property lines exceeding the required front yard setback; provided that it does not exceed the required two-foot maximum height limit within the visibility triangle, and the enclosure does not encroach upon any right-of-way, drainage or utility easements or floodway;
(5) 
Are allowed only for subdivisions containing ten or more lots;
(6) 
Plans for all residential subdivision enclosures shall be reviewed and approved by the development assistance committee.
(Ord. No. B-582(A0508), § 1(36-115), 6-26-2008; Ord. No. CSO#725-10-2017, § 1(Exh. A), 10-16-2017)
In nonresidential zoning districts, fences, walls and outdoor enclosures may be erected if in accordance with the following regulations:
(a) 
Privacy/security enclosures.
(1) 
May be fences or walls;
(2) 
Shall not exceed eight feet in height;
(3) 
Must consist of metal posts;
(4) 
May be erected on the rear lot line of any lot, tract or parcel;
(5) 
May be erected upon the side lot line of any lot, tract or parcel provided that the fence does not extend into the required front building setback without specific development assistance committee approval;
(6) 
May not be erected to encroach upon any visibility triangle, right-of-way, access or drainage easements or floodway;
(7) 
Chain link fences are prohibited along the designated rear lot line of any double frontage lot.
(b) 
Decorative fences.
(1) 
Shall not be walls;
(2) 
Shall not exceed four feet in height;
(3) 
Shall not have a solid surface area that exceeds 30 percent of the total surface area of the fence;
(4) 
May be erected upon any nonresidential lot line;
(5) 
May not encroach upon any right-of-way, drainage or access easements or floodway;
(6) 
May be allowed within the visibility triangle with a maximum height of two feet;
(7) 
Shall contain openings or breaks for access when located in front yards;
(8) 
In front yards the total frontage bounded by the decorative fence or gate shall not exceed 75 percent;
(9) 
Shall be constructed of wood picket, lattice work, or decorative metal, with or without masonry and/or stone elements; and
(10) 
Shall not be constructed of chain link, barbed wire or similar enclosure materials.
(c) 
Office business or industrial park or complex enclosure (including entry features).
(1) 
Shall be only walls;
(2) 
Shall be constructed with minimum ten-inch by 20-inch brick columns set on piers with a maximum spacing of ten feet on center;
(3) 
Infill material between brick columns shall be brick, pressure-treated lumber, plaster, iron or other material approved by the development assistance committee;
(4) 
Shall be eight feet in height;
(5) 
Walls enclosing may be erected along rear property lines;
(6) 
Walls may be erected along the front and side property lines to extend into the required front yard setback; provided that such encroaching structure is less than two-feet height within the visibility triangle and does not encroach upon any right-of-way, drainage or utility easements, floodway or the visibility triangle of any drive approach;
(7) 
Is allowed only for subdivisions containing four or more lots;
(8) 
Plans for park or complex enclosures shall be reviewed and approved by the development assistance committee.
(d) 
Mechanical equipment screening.
Screening of mechanical equipment shall be required within the city under the following provisions:
(1) 
Shall completely shield from view on all the sides, all mechanical equipment located on the roof of any building;
(2) 
Must shield the equipment from view of adjacent properties for a distance of 200 feet from the subject property line, at a point six feet above grade;
(3) 
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 25 percent of the roof area of the structure;
(6) 
When the total screened area(s) of roof-mounted structures exceeds 25 percent 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;
(7) 
The development assistance committee may approve alternate screening methods and materials if the intent of building a mechanical screen can be accomplished through other means to achieve an aesthetic, comparable finish as required by this section;
(8) 
Mechanical equipment on the ground shall be screened with the use of landscaping or hard screening materials such as wood, brick or an equivalent building material, preferably of consistent color, material and design as the main structure.
(e) 
Trash/recycling receptacle screening.
Screening of trash/recycling receptacles or any garbage, refuse and trash/recycling collection and storage areas shall be required within the city under the following provisions:
(1) 
Shall be preferably located at the side or rear of the building;
(2) 
Shall be totally encircled or screened by fence, planting or other suitable visual barrier six feet in height and shall have a metal door or gate which shall remain closed at all times when the receptacle is not in use;
(3) 
Shall not encroach into any required setbacks;
(4) 
Shall be of similar color, material and design as the primary structure;
(5) 
May be screened using a single opaque material or wall or fence;
(6) 
May also be screened by using a combination of opaque material, berms and evergreen landscaping that provides the required screening effect;
(7) 
May also be screened by walls of a principal or accessory structure;
(8) 
Shall not be screened by chain link fencing with woven slats of opaque material.
(f) 
Outdoor storage screening.
Where outdoor storage is permitted in nonresidential districts it shall be subject to the provisions of this Code.
(1) 
Shall consist of any combination of fences, walls, berms and landscaping that is at least six feet in height;
(2) 
Shall provide a permanent, opaque, year-round 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 regulations;
(7) 
General construction activity is not subject to outdoor storage screening regulations;
(8) 
Outdoor display areas are exempted from screening requirements.
(g) 
Loading area screening.
Screening for loading docks, truck berths visible from public right-of-way is required per the following provisions:
(1) 
Shall be screened by opaque walls, wooden fences, landscaped berms, or landscape areas;
(2) 
Be at least eight feet 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;
(4) 
Screening shall be of sufficient length to screen the maximum size trailer which can be accommodated onsite 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.
(Ord. No. B-582(A0508), § 1(36-120), 6-26-2008; Ord. No. CSO#725-10-2017, § 1(Exh. A), 10-16-2017)
The following regulations shall apply to zoning districts of the city as applicable:
(a) 
Live screening.
Live screening using natural growth or planted vegetation shall be allowed within the city under the following provisions:
(1) 
Tree, shrub, hedge or other vegetation shall be planted, pruned or otherwise maintained and shall not exceed two feet height within the defined visibility triangle or street right-of-way.
(2) 
Any tree, shrub, hedge or other form of vegetation located within the public right-of-way, utility easement, or visibility triangle shall be subject to removal (without compensation) by the authority of the city for the purpose of utility maintenance and public safety.
(b) 
Barbed wire.
Except as provided below, barbed wire enclosure is prohibited within the city:
(1) 
Authorized in the "A" agricultural zoning district and "SFR" single-family rural district, if the fence exists on the property at the time of annexation.
(2) 
Authorized when attached to the top of a security fence of at least six feet in height in the "C" commercial or "I" industrial zoning district classification.
(3) 
Authorized in all zoning district classifications if the property is used for animal husbandry.
(c) 
Electrical fences.
Except as provided below, electrical fencing is prohibited within the city:
(1) 
Are allowed within the "C" commercial and "I" industrial zoning districts and within the "A" agricultural and "SFR" single-family rural zoning districts if the property is used for animal husbandry.
(2) 
Must be located at least six inches inside a nonelectric fence.
(3) 
Shall be Underwriter Laboratories (UL) listed and installed and maintained as per manufacturer's instructions.
(4) 
Shall have posted signs on all sides spaced at not more than 50-foot intervals:
"DANGER, ELECTRIC FENCE."
(5) 
Electric fences not in compliance with the above are hereby declared a nuisance per se and must be immediately removed.
(d) 
Recreational fences.
Screening adjacent and parallel to parks, trails, or open space areas shall be allowed within the city under the following provisions:
(1) 
When adjacent and parallel to dedicated park, trail, or open space areas shall consist of wrought iron or tubular steel;
(2) 
Shall maintain a minimum height of four feet;
(3) 
Shall maintain consistent color and design throughout the development;
(4) 
Shall not have any opening on the fence that has a diameter greater than four inches, except at access gates and entry points.
(e) 
Screening inside recreational fences.
The installation and/or construction of opaque walls, wooden fences, and similar solid screening devices to the inside of a lot, tract, or parcel with a recreational fence required under this chapter is expressly prohibited.
(Ord. No. B-582(A0508), § 1(36-121), 6-26-2008; Ord. No. CSO#725-10-2017, § 1(Exh. A), 10-16-2017)
Transitional screening shall be required between zoning districts and land uses within the city under the following provisions:
(a) 
When NS, GR, C, CC, I districts or nonresidential uses abuts a MH, MHP, MF1, MF2, 2F, SFA, SFE, SFR, SF7, SF10, SF16 district or residential uses, transitional screening shall be required for separating these districts or uses along the entire property line of the higher intensity district or use except where visibility triangles or easements are required.
(b) 
When MH, MHP, MF1, MF2 district or multiple family or mobile home uses abuts a 2F, SFA, SFE, SFR, SF7, SF10, SF16 district or single-family uses, transitional screening shall be required for separating these districts or uses along the entire property line of the higher intensity district or use except where visibility triangles or easements are required.
(c) 
For the purpose of this section, "abut" or "adjacency" is defined as sharing a common property line except for private alleys, public alleys and private access easements.
(d) 
Shall be located within and along the outer perimeter of a lot or boundary line and entirely on private property. No part of any screening device shall be located in public right-of-way or encroach within the visibility triangle.
(e) 
Shall be eight feet in height.
(f) 
Shall serve the purpose of providing a visual barrier between properties.
(g) 
Shall be incumbent upon the developer of the more intensively zoned property to screen his property from a less intensive zoning district.
(h) 
The screening wall shall be of consistent color, design and material all through the development.
(i) 
Shall be constructed of solid masonry or reinforced concrete. All others designs and materials will have to be approved by the development assistance committee provided the screening meets the intent of this section.
(j) 
If the development assistance committee approves this requirement to be better met by an irrigated, pruned and maintained living screen, the same maybe substituted.
(k) 
Upon recommendation from the planning and zoning commission, the city council may grant a temporary or permanent waiver until such a time as the screening wall or fence maybe deemed necessary, if this requirement is impractical for immediate construction.
(Ord. No. B-582(A0508), § 1(36-122), 6-26-2008; Ord. No. CSO#725-10-2017, § 1(Exh. A), 10-16-2017)
A fence shall be maintained by the property owner in compliance with the requirements of this section.
(a) 
A property owner shall maintain fences, screening walls or live screening including those existing prior to the adoption of this section, at all times in a state of good repair, aesthetics and structural stability 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.
(b) 
Fences, screening walls and live screening shall be maintained as described in subsection 34-31(3) of this Code as reasonably plumb and structurally sound. A fence shall not be 15 degrees out of plumb or more.
(c) 
The owner shall replace broken, damaged, removed or missing parts of a fence, screening wall or live screening within 30 days from the day the owner received notice from the code enforcement officer, 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. An inspection of the repaired fence by a code enforcement officer will be required prior to acceptance of the repairs. A code enforcement officer may upon written notice from the owner that unusual circumstances prevent the timely repair of a fence, extend the replacement time as required.
(d) 
A fence not required by a specific order of the zoning board of adjustment, the city council, the zoning ordinances of the city, or required to enclose a swimming pool or spa may be completely removed within the 30-day period rather than repaired.
(Ord. No. B-582(A0508), § 4, 6-26-2008; Ord. No. CSO#725-10-2017, § 1(Exh. A), 10-16-2017)
This chapter shall be cumulative of all provisions of city ordinances, except where the provisions of this chapter are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. To the extent that the provisions of the city's various development ordinances conflict with this chapter, the terms of this chapter shall control.