The following definitions shall apply in the interpretation and enforcement of this article:
(1) 
Fence
shall mean any structure which exceeds twelve (12) inches in height above the nearest grade and which encloses, partitions or divides any yard as defined in the zoning ordinance.
(2) 
Build
shall mean construct, erect, or place or cause, suffer or allow another to construct, erect or place.
(3) 
Zoning ordinance
shall mean the City zoning ordinance, as amended.
(4) 
Residentially zoned
shall mean property zoned single family, duplex, 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.
(Ordinance 4610, sec. 1, adopted 8/4/92; Ordinance 4847, sec. 7, adopted 3/7/95)
No person shall build any fence without having first applied for and obtained a permit from the City.
(Ordinance 4610, sec. 1, adopted 8/4/92; Ordinance 4847, sec. 7, adopted 3/7/95)
(A) 
No person shall build any fence composed, in whole or in part, of:
(1) 
Barbed wire or razor wire;
(2) 
Welded or woven wire such as chicken wire, hog wire, stockade panels and similar agricultural wires;
(3) 
Used materials;
(4) 
An electric fence;
(5) 
Galvanized sheet metal, corrugated metal, or corrugated fiberglass; or
(6) 
Materials not approved for exterior exposure.
(B) 
The following are affirmative defenses to a violation of this section:
(1) 
In a district zoned agriculture and used for agricultural purpose or in other districts where an agricultural use lawfully exists, 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.
(2) 
In a district zoned industrial or commercial, barbed wire may be used as a component of a fence provided that the fence is composed only in part of barbed wire and that portion of the fence is at least six (6) feet from the nearest grade. The barbed wire portion of the fence shall be a maximum height of 3 feet vertically or horizontally from the main portion of the fence. The barbed wire portion shall consist of individual strands of wire placed parallel to the ground and shall not be placed in a coiled or wrapped position.
(3) 
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 24" inside another fence (which must be a minimum of 36" 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.
(4) 
Subsection (A)(5) of this section does not prohibit the use of corrugated metal material with a minimum 26 gauge and one (1) inch corrugation when commercially designed and engineered as a fencing material as a component of a modular, prefabricated fence.
(C) 
Fences within utility and maintenance easements must be constructed with metal posts and removable fence sections:
(1) 
When mandated by state or federal statute.
(2) 
When required for public safety for local governmental facilities.
(Ordinance 4610, sec. 1, adopted 8/4/92; Ordinance 4847, sec. 7, adopted 3/7/95; Ordinance 4883, sec. 6, adopted 7/11/95; Ordinance 5371, sec. 6, adopted 6/1/99; Ordinance 5435, sec. 1, adopted 1/18/00)
(A) 
(1) 
No fence shall be built within the required front yard, as defined in the zoning ordinance, except in agricultural and industrial zones.
(2) 
Exceptions.
(a) 
(i) 
A fence less than three and one-half (3-1/2) feet in height; and
(ii) 
Made of wood or wrought iron; and
(iii) 
Provides at least a four-inch wide vertical space per each linear foot and at least a one-foot wide horizontal space between horizontal portions of the fence; or
(b) 
(i) 
A fence less than two and one-half (2-1/2) feet in height; and
(ii) 
Made of brick or masonry, excluding cinder block.
(B) 
No fence shall be built within the required front yard or any closer than the front edge of the building in commercial districts.
(C) 
No barbed wire fence shall be built within a side or rear yard adjacent to a street in a commercial district.
(Ordinance 4610, sec. 1, adopted 8/4/92; Ordinance 4847, sec. 7, adopted 3/7/95; Ordinance 4883, sec. 6, adopted 7/11/95; Ordinance 5435, sec. 1, adopted 1/18/00)
(A) 
Any fence built so as to enclose an area shall provide a gate or other opening in the fence of at least three (3) feet in width and with a minimum headroom clearance of six (6) feet eight (8) inches in height.
(B) 
Any fence built along or near a rear property line which adjoins a street, alley or public easement shall provide a gate or other opening giving direct access to the street, alley or public easement.
(C) 
Gates for vehicular use must be a minimum of 20 feet from the property line for all types of property other than residential.
(Ordinance 4610, sec. 1, adopted 8/4/92; Ordinance 4847, sec. 7, adopted 3/7/95)
(A) 
No fence shall be built so as to exceed eight (8) feet in height on any residentially zoned property nor shall a fence be built so as to exceed ten (10) feet on any nonresidential property.
(B) 
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 grade near the retaining wall.
(Ordinance 4610, sec. 1, adopted 8/4/92; Ordinance 4847, sec. 7, adopted 3/7/95)
Fences must be able to structurally support fencing materials for a 70 mph windspeed.
(Ordinance 4610, sec. 1, adopted 8/4/92; Ordinance 4847, sec. 7, adopted 3/7/95)
It shall be unlawful to maintain a fence in such a manner as to allow:
(1) 
Any portion of a fence to lean so that the fence’s axis is more than ten (10) degrees out of perpendicular alignment with its base.
(2) 
Missing, loose or broken pickets, slats or panels in a fence.
(3) 
Symbols, writings and other graffiti on a fence except for those which are permitted as signs under this chapter or which pertain to the address or occupancy of a property.
(Ordinance 4610, sec. 1, adopted 8/4/92; Ordinance 4883, sec. 6, adopted 7/11/95)
The Board of Adjustments may, upon the showing of an undue hardship to the applicant, grant a variance to sections 30.203, 30.204, and 30.205 of this article.
(Ordinance 5371, sec. 6, adopted 6/1/99; Ordinance 4883, sec. 6, adopted 7/11/95; Ordinance 5713, sec. 1, adopted 3/4/03; Ordinance 5435, sec. 1, adopted 1/18/00; Ordinance 6204, sec. 1, adopted 2/19/08)
(A) 
A fence that does not comply with the requirements of this article as of the effective date of this article shall be allowed to remain provided that fences located in front of a building or in yards adjacent to streets in commercial districts that include barbed wire as a component shall be screened from public view by means of any authorized fence material, slats, or materials or by any screening method authorized in the landscape and screening regulations within 90 days of the effective date of this article and shall otherwise comply with all requirements of this article. If a fence that has barbed wire as a component is screened as provided in this section, the fence shall be allowed to remain unless the fence is replaced, destroyed or damaged to the extent of sixty (60) percent or more of the value of the structure, in which even the right to maintain the structure shall terminate.
(B) 
Any screening method installed under this article shall remain in place as long as the original fence is maintained. Once the original fence is removed the screening method must be removed within a 30-day period.
(Ordinance 5435, sec. 1, adopted 1/18/00)