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;
(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)