(a)
This
article shall be commonly cited as the revised fence ordinance.
(b)
This
article applies to all fences within the incorporated municipal boundaries
(i.e., “city limits”).
(Ordinance 2016-04-01, sec. 1, adopted 4/5/16)
This article provides uniform standards for the erection and
maintenance of fences. All fences in this article shall be erected
and maintained in accordance with these standards. The general objectives
of these standards are to promote health, safety, welfare, convenience
and enjoyment of the public, improve the long-term sustainability
of residential structures, and promote the safety of persons and property
by providing that fences do not:
(1)
Create
a hazard due to collapse, fire, decay or abandonment;
(2)
Obstruct
firefighting or police observation ability;
(3)
Create
traffic hazards by confusing or distracting pedestrians or motorists;
or
(4)
Become
obstacles that hinder the ability of pedestrians, bicyclists or motorists
to read traffic signs.
(Ordinance 2016-04-01, sec. 2, adopted 4/5/16)
Words and phrases used in this article shall have the meanings
set forth in this section. Terms that are not defined below, but are
defined elsewhere in the Code of Ordinances, shall be given the meanings
set forth in the code. Words and phrases not defined in the Code of
Ordinances shall be given their common, ordinary meaning unless the
context clearly requires otherwise. When not inconsistent with the
context, words used in the present tense shall include the future
tense, words in the plural number shall include the singular number
(and vice versa), and words in the masculine gender shall include
the feminine gender (and vice versa). The word “shall”
is always mandatory, while the word “may” is merely directory.
Headings and captions are for reference purposes only.
Materials normally manufactured for, used as, and recognized
as fencing materials such as wrought iron or other decorative metals
suitable for the construction of fences, fired masonry, concrete,
stone, metal tubing, wood planks, chain link and vinyl composite manufactured
specifically as fencing materials. Fence materials must also be materials
approved for exterior use that are weather-and decay-resistant. The
provisions of this article are not intended to prevent the installation
of any material or to prohibit any design or method of construction
not specifically prescribed by this code, provided that any such alternative
has been approved by a building official or his designee. An alternative
material, design or method of construction shall be approved where
the building official finds that the proposed design is satisfactory
and complies with the intent of the provisions of this code, and that
the material, method or work offered is, for the purpose intended,
at least the equivalent of that prescribed in this article in quality,
strength, effectiveness, fire resistance, durability and safety.
The city code enforcement officer, building inspector, or
a designee of any of the preceding persons.
Ordinances passed and approved by the city.
A fence which is decayed, deteriorated, or has fallen into
partial ruin.
The person(s) so designated by the city to provide oversight
for and have responsibility of the public works department.
A right created by grant, reservation, agreement, prescription,
or necessary implication, which one has in the land of another, and
may be dedicated by plat or implied by right. It is either for the
benefit of appurtenant land such as for the right to cross, or egress,
such as a public utility easement, or in specific, such as an exclusive
utility easement. An easement may or may not have descriptive metes
and bounds.
An artificially constructed barrier enclosing, separating,
or screening areas of land, serving as a boundary, a means of protection,
a buffer, a decorative element, a means of visually modifying the
view, and/or for confinement. A fence is any part of a fence including
the base, footings, supporting columns, post, braces, structural members,
or any other of its appendages. Except where otherwise required in
this code, regulations governing the height, location and opacity
of fences also apply to walls, hedges or landscaping used in lieu
of a fence or in combination with a fence.
Engaging in the business of erecting, maintaining, constructing,
or reconstructing fences for which a permit is required.
A person who, for remuneration, erects, maintains, constructs,
or reconstructs a fence on the premises of another. It does not mean
the owner who owns or leases the premises on which the fence is located.
A yard located in front of the front elevation of a building
and extending across a lot between the side yard lines and being the
minimum horizontal distance between the front property line and the
outside wall of the main building.
A lot which has at least two (2) adjacent sides abutting
for their full lengths on a street, provided that the interior angle
at the intersection of such two (2) sides is less than one hundred
thirty-five degrees (135°).
The mean horizontal distance between the front and rear lot
lines.
A lot other than a corner lot.
A corner lot that is so designed that the lots located directly
behind it face the side street of the corner lot and are not separated
by an alley.
The degree of openness which light or views are blocked measured
perpendicular to the fence for each fence section between supports.
A strip of land which is used as a roadbed for a street,
alley or a highway and is intended for use by the public at large,
or land set aside as an easement or in fee, either by purchase, agreement
or condemnation. Generally, describes an area used for the provision
of streets and utilities. Unless otherwise specified, the term “right-of-way”
shall refer to a public right-of-way.
The area extending across the rear of a lot measured between
the lot lines and being the minimum horizontal distance between the
rear lot line and the rear of the outside wall of the main building.
On both corner lots and interior lots, the rear yard shall in all
cases be at the opposite end of the lot from the front yard.
A repair to a fence shall be defined as maintenance to a
fence where replacement of materials does not exceed forty percent
(40%) 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.
A district where the primary purpose is residential use and
is defined in the comprehensive zoning ordinance, excluding multifamily.
A wall not laterally supported at the top that resists lateral
soil loads and other imposed loads.
A method of visually modifying the view of a structure, building,
feature or use by methods such as fencing, walls, berms, densely planted
vegetation or a combination of these methods.
A wall or architectural extension that may be part of the
structure or a standalone feature that screens from view the interior
of a property so that visibility through the wall shall be prevented
from the exterior side of the wall or architectural extension.
The distance from the property line or the right-of-way line
of all streets adjacent to the premises on which a fence is located
to the part of the fence closest to the property line or right-of-way
line.
The area between the building and side line of the lot and
extending from the front lot line to the rear lot line and being the
minimum horizontal distance between a side lot line and the outside
wall of the side of the main building.
Any dedicated public thoroughfare that affords the principal
means of access to abutting property.
The corner visibility triangle is defined at an intersection
by extending the two ROW lines from their point of intersection to
a distance of thirty feet (30'). These two points are then connected
with an imaginary line to form the corner visibility triangle. If
there are no curbs existing, then the triangular area shall be formed
by extending the property lines for distance of thirty feet (30')
from their point of intersection.
An open space at grade between a building and the adjoining
lot lines, unoccupied and unobstructed by any portion of a structure
from the ground upward. In measuring a yard for the purpose of determining
the width of the side yard, the depth of a front yard or the depth
of a rear yard, the shortest horizontal distance between the lot line
and the main building shall be used.
(Ordinance 2016-04-01, sec. 3, adopted 4/5/16)
It shall be unlawful for any person or organization to violate
any regulation described in this article.
(Ordinance 2016-04-01, sec. 11,
adopted 4/5/16)
(a)
Enforcement.
The city shall have the power to administer
and enforce the provisions of this article as may be required by governing
law. Any person violating any provision of this article is subject
to suit for injunctive relief as well as prosecution for criminal
violations. Any violation of this article is hereby declared to be
a nuisance.
(b)
Criminal penalty.
Any person violating any provision of this article shall, upon conviction, be fined a sum in accordance with the general penalty provided in section 1.01.009 of this code. Each day that a provision of this article is violated shall constitute a separate offense. An offense under this article is a misdemeanor.
(c)
Civil remedies.
Nothing in this article shall be construed
as a waiver of the city’s right to bring a civil action to enforce
the provisions of this article and to seek remedies as allowed by
law, including but not limited to the following:
(1)
Injunctive relief to prevent specific conduct that violates this
article or to require specific conduct that is necessary for compliance
with this article; and
(2)
A civil penalty up to one hundred dollars ($100.00) a day when it
is shown that the defendant was actually notified of the provisions
of this article and after receiving notice committed acts in violation
of this article or failed to take action necessary for the compliance
with this article, and other available relief.
(Ordinance 2016-04-01, sec. 14,
adopted 4/5/16; Ordinance adopting
2018 Code)
(a)
Required.
It is unlawful for any person to engage in
the business of fence contracting without a valid contractor’s
registration. Property owners are not required to register as a contractor.
(b)
Application.
The city secretary’s office shall
establish procedures, forms and standards with regard to the content,
format and number of copies of information constituting an application
for a contractor registration.
(c)
Expiration.
Every contractor registration provided for
in this code shall expire one (1) year following the date of its issuance,
and shall be renewed by the city secretary’s office upon application.
(d)
Revocation.
The city secretary or his designee may revoke
or suspend a fence contractor’s registration for either of the
following reasons:
(e)
Reinstatement.
A contractor whose registration has been
revoked or suspended may be reinstated by the city secretary’s
office or the city council. The registration may only be reinstated
if the contractor corrects all violations and pays all applicable
fees.
(f)
Appeals.
Appeals from an order, requirement, decision
or determination of a building official or the city secretary’s
office shall be made in writing to the city secretary’s office
within seven working days of the order, requirement, decision or determination.
The city secretary’s office shall notify the building official
and the appellant of the placement of the appeal on an upcoming city
council agenda in compliance with the state open meetings law.
(g)
Finality of council’s decision.
The decision of
the city council is final.
(Ordinance 2016-04-01, sec. 5, adopted 4/5/16)
(a)
No
person shall construct a fence, guy wire, brace or any fence post
upon or into a public right-of-way or property that the city or the
general public has dominion and control over, owns or has an easement
over, under, around or through.
(b)
It
is unlawful to erect, maintain, suffer or permit any fence on any
corner lot in such a manner as to create a traffic hazard or restrict
visibility. Failure of the owner, agent or occupant to remove such
obstruction within the specified time limit required on the receipt
of notice to do so is a violation of this article.
(c)
No
fence material shall be used to construct a fence except for those
listed and regulated in this article or other city ordinances.
(d)
Materials
acceptable for the construction of fences include sections of fence
designed by a manufacturer for the express purpose of use as a component
of a fence intended for the type location it is proposed to be used
and consisting of wood, metal, plastic or composite.
(e)
Fence
sections essentially parallel with a public street shall have their
back side (the side with the exposed posts and rails) oriented to
the interior of the residential lot to minimize their exposure to
the public. Exception: Posts and rails may be oriented to the exterior
of the residence when concealed within construction that is consistent
with and complementary to the construction of the fence. Visual depictions
of construction shall be required for review of appearance prior to
issuance of a permit.
(f)
No
fence shall be erected on a public right-of-way, or within any drainage
easement, or visibility, access and maintenance easements, unless
otherwise authorized by the public works director.
(g)
Fences
constructed in nonresidential zoning districts must meet requirements
found in the zoning ordinance.
(h)
Any
area three feet (3') in radius around any fire hydrants and fire hose
connections must be kept free of any fencing that could impede access
to or use of the hydrant or fire hose connection.
(i)
A
fence must not impede access to public utilities or metering devices.
(j)
Fences
are not permitted in floodway areas as designated on FEMA’s
flood boundary and floodway map.
(k)
A
fence must not adversely affect drainage or create debris build-up.
(l)
Fences
shall be maintained in good repair by the owner. Good repair shall
mean that:
(1)
The fence shall not be out of vertical alignment more than one foot
from the vertical height measured at the top of the fence for fences
greater than four feet in height; except, however, for fencing four
feet or less in height, the fence shall not be out of vertical alignment
more than six inches from the vertical height measured at the top
of the fence;
(2)
Once a pattern has been established, it must remain the same from
corner post to corner post; and
(3)
Any and all broken, loose, damaged, deteriorated, or missing parts
(i.e., slats, posts, wood rails, bricks, panels) shall be replaced
or repaired.
(Ordinance 2016-04-01, sec. 7, adopted 4/5/16; Ordinance 2019-11-03 adopted 11/5/19)
(a)
Applicability.
This section shall apply in all residential
zoning districts within the city.
(b)
Height limitation in rear yard.
(1)
It is unlawful for any person to construct, erect, maintain, suffer,
or permit a fence in any rear yard or along any rear yard lot line
which fence exceeds eight feet (8') in height as defined in this article.
(2)
Decorative gate embellishments are allowed. They shall not exceed
the height of the fence by more than two feet (2').
(c)
Height limitation in side yard.
It is unlawful for any
person to construct, erect, maintain, suffer, or permit a fence in
any side yard or along any side yard lot line which fence exceeds
eight feet (8') in height as defined in this article.
(d)
Fences in front yard.
(1)
All fences constructed in the front yard of a residential property
shall be no taller in height than forty-eight inches (48") as defined
in this article.
(2)
All fences constructed in the front yard of a residential property
shall allow minimum fifty (50%) percent opacity.
(3)
All fences constructed in the front yard of a residential property
shall not impede the vision triangle.
(4)
All fences constructed in the front yard of a residential property
shall not allow vertical support posts and gates to extend more than
four inches (4") above the top of the fence intersection.
(5)
A decorative gate over four feet (4') in height in the front yard
requires the approval of the city secretary’s office or designee.
(e)
Key lots.
There are special restrictions for fences
on key lots.
(1)
Refer to the definition in the definitions section (section 4.06.003) for an explanation of a key lot.
(2)
A fence that is more than 50% opaque and constructed of tubular steel
or wrought iron and not exceeding eight (8) feet in height may be
located up to five (5) feet from the property line of the side of
the house on a key lot.
(3)
A solid fence, not exceeding eight (8) feet in height, may be located
at the setback line (front yard setback shall be used for key lots)
as defined by the zoning ordinance as it is currently written or may
be amended. It is the property owner’s responsibility to ensure
proper setbacks are maintained.
(f)
Temporary fences.
Temporary fences are prohibited in
residential districts, except where required by code for construction,
excavation or life safety issues.
(g)
Prohibited fences.
(1)
Except as noted in subsection (g)(2), the following types of fences are prohibited in a residential district. It is unlawful for any person to erect, maintain, or permit a fence that:
(A)
Is electrically charged in any manner, except single-strand wires
designed to conduct electricity through an approved low-voltage regulator
shall be allowed along the fence’s interior for the purposes
of securing pets within a fenced yard.
(B)
Has barbed wire in or on it.
(C)
Has concertina wire in or on it.
(D)
Has razor wire in or on it.
(E)
Has in it or on it barbs, projections, broken glass, or anything
reasonably capable of causing harm to persons or animals.
(h)
Fence intersecting screening wall.
Where a fence intersects
a screening wall and the height of the fence exceeds the height of
the screening wall, the height of the fence shall transition to the
height of the screening wall over a distance of twenty feet (20').
The city secretary’s office may make exceptions to the twenty
feet (20') transition where terrain and lot orientation does not allow
for an orderly transition. Visual depictions of construction shall
be required for review prior to issuance of a permit.
(i)
Access for residential garbage collection.
Access must
be maintained upon a residential lot for the access and collection
of trash and recycling containers.
(1)
Residential lots that enclose the driveway with a gate shall provide
a separate area where trash and recycling containers are accessible
for collection as approved by the public works department.
(2)
Residential lots that do not provide an accessible location for the
collection of refuse containers may be refused service.
(j)
Pools.
Residential lots with a pool shall have an interior
fence as required by code to protect access to the pool.
(k)
Determination of fence height and opacity.
(1)
Fence height.
Fence height is measured to include the
body of the fence, plus allowing a maximum of six inches (6") (on
average between posts) above the natural grade (i.e., for drainage
purposes). Fence posts are permitted to extend a maximum of four inches
(4") above the body of the fence. Columns are permitted to extend
a maximum of twelve inches (12") above the body of the fence.
(2)
Elevation.
In the event that the fence height has been
elevated through the use of a retaining wall, the fence height is
measured from the ground level at the highest point. The creation
of a berm or other method for the primary purpose of increasing the
elevation of the fence is not allowed.
(3)
Opacity.
Opacity is the degree of openness which light
or views are blocked measured perpendicular to the fence for each
fence section between supports.
(Ordinance 2016-04-01, sec. 8, adopted 4/5/16)
(a)
Zoning requirements.
Fences constructed in nonresidential
zoning districts must meet requirements found in the zoning ordinance.
(b)
Height.
A fence in a nonresidential zoning district
may not exceed eight feet (8') in height nor be less than six feet
(6') in height and [shall] meet the requirements of the zoning ordinance
as it currently exists or may be amended.
(c)
Materials.
Fences in districts zoned Agricultural or
Industrial may also contain the following material:
(1)
Fence arms;
(2)
Barbed wire as accessory to other fencing material;
(3)
Razor wire with special applications;
(4)
Chain link;
(5)
Other material that may be approved for use in that district by the
city secretary’s office or his designee, unless approved by
a site specific zoning case or approved by a variance;
(6)
Fences on parcels used for agricultural purpose may contain barbed
wire or other material approved by the city secretary’s office
or his designee.
(Ordinance 2016-04-01, sec. 9, adopted 4/5/16)
It is unlawful for any person to construct, repair, replace,
or cause to be constructed, repaired, or replaced a fence or any part
of a fence in the city without first obtaining a fence permit from
the building official. No permit is required for repairs as defined
by this article.
(Ordinance 2016-04-01, sec. 4.1,
adopted 4/5/16)
No registrant under this article shall for any purpose allow
its registration, by name or any other identification, to be transferred
to, assigned to, or in any manner directly or indirectly used by any
person, and corporation or business entity other than the one to whom
the registration was issued.
(Ordinance 2016-04-01, sec. 4.2,
adopted 4/5/16)
(a)
Procedures.
Any person making application for a fence
permit shall complete a permit application, provided by the city secretary’s
office or his designee. The city secretary’s office shall establish
procedures, forms and standards with regard to the content, format
and number of copies of information constituting an application for
a contractor registration.
(b)
Expiration of plan review.
An application for which
no permit is issued within ninety (90) days following the date of
application shall expire by limitation, and plans and other data submitted
for review may be returned to the applicant or destroyed by the city
secretary’s office. The city secretary’s office may extend
the time for action by the applicant for a period not exceeding ninety
(90) days on written request by the applicant showing that circumstances
beyond the control of the applicant have prevented action from being
taken. No applications shall be extended more than once.
(c)
Validation.
Permits will not be processed without contractor
and homeowner written validation.
(Ordinance 2016-04-01, sec. 6, adopted 4/5/16)
(a)
Submission; preparation.
Construction documents, special
inspection and structural observation programs, and other data shall
be submitted in one or more sets, as required by the building official,
with each application for a permit. When required by the city secretary’s
office or his designee, the applicant shall also provide additional
information as required by the building code. The construction documents
shall be prepared by a registered design professional where required
by the statutes of the jurisdiction in which the project is to be
constructed.
(b)
Authority to require additional documents.
Where special
conditions exist, a building official or the city secretary’s
office is authorized to require additional construction documents
to be prepared by a registered design professional.
(c)
Exception.
The city secretary’s office is authorized
to waive the submission of construction documents and other data not
required to be prepared by a registered design professional if it
is found that the nature of the work applied for is such that reviewing
of construction documents is not necessary to obtain compliance with
this code.
(Ordinance 2016-04-01, sec. 4.7,
adopted 4/5/16)
The application, plans, specifications, computations and other
data filed by an applicant for a permit shall be reviewed by the city
secretary’s office. When a permit is submitted where plans are
required, the building official or his designee shall endorse in writing
or stamp the plans and specifications “Reviewed.” Such
reviewed plans and specifications shall not be changed, modified or
altered by any person without authorization from the building official
or his designee, and a person shall do work regulated by this article
in accordance with the approved plans.
(Ordinance 2016-04-01, sec. 4.3,
adopted 4/5/16)
Every permit issued shall become invalid unless the work authorized
by such permit is commenced within ninety (90) days after its issuance,
or if the work authorized by such permit is suspended, abandoned or
lacks the required inspections by a building official for a period
of ninety (90) days after the time the work is commenced. The city
secretary’s office or his designee may extend the time for action
by the applicant for a period not to exceed ninety (90) days on written
request by the applicant showing that circumstances beyond the control
of the applicant have prevented action from being taken. No applications
shall be extended more than once. Changes, alterations, or adjustments
in the permit or in the work authorized by the issuance of the permit,
after it has been issued, shall not extend the original expiration
date established upon the original issuance of the permit.
(Ordinance 2016-04-01, sec. 4.4,
adopted 4/5/16)
The city secretary’s office or his designee may, in writing,
suspend or revoke a permit issued under the provisions of this article
when the permit was issued in error, on the basis of incorrect information,
or in violation of any applicable law.
(Ordinance 2016-04-01, sec. 4.5,
adopted 4/5/16)
The issuance or granting of a permit or approval of plans, specifications
and computations is not a permit for, or an approval of, any violation
of any of the provisions of this article or of any other city ordinance.
Permits presuming to give authority to violate or cancel the provisions
of this article or any other city ordinance are not valid.
(Ordinance 2016-04-01, sec. 4.6,
adopted 4/5/16)
One set of approved plans, specifications, and a copy of the
permit shall be made available, by the applicant, for inspection of
the work authorized by the permit. The set of approved plans, specifications
and permit shall be kept on the work site by the applicant during
the construction process.
(Ordinance 2016-04-01, sec. 4.8,
adopted 4/5/16)
The owner or the owner’s authorized agent who applies
for a permit to construct a fence must comply with all the requirements
of this article and the requirements of the building code. The provisions
of this article shall not be deemed to nullify any provisions of local,
state or federal law.
(Ordinance 2016-04-01, sec. 4.9,
adopted 4/5/16)
The owner, the owner’s authorized agent or the contractor
who receives a permit to construct a fence must post the permit in
accordance with this section.
(1)
Each
permit shall be posted in such a manner as to be visible from the
street;
(2)
Each
permit shall be posted in the first window left of the front door;
(3)
If
the residence has no windows to the left of the front door, the permit
shall be posted in the first window right of the front door;
(4)
If
the property has no windows facing the street, the permit shall be
sealed in a clear watertight container in such a manner as to be readable
through the container, affixed to a sturdy backer-board that is at
least 1 inch larger than the permit on all sides, affixed to a sturdy
post, and posted in the front yard in a manner clearly visible from
the street;
(5)
All
descriptions of directions in this section shall be from the viewpoint
of a person facing the front of the house.
(Ordinance 2016-04-01, sec. 4.10,
adopted 4/5/16)
(a)
When
a person begins any work for which a permit is required by this article
without first obtaining a permit, the permit application fee shall
be double the amount of the standard permit fee whether or not a permit
is ultimately issued. Payment of the fee shall not exempt any person
from compliance with all other provisions of this article nor from
any penalty prescribed by law.
(b)
Permit
fees shall be as designated by the fee schedule in appendix A of this
code.
(Ordinance 2016-04-01, sec. 10,
adopted 4/5/16)
(a)
Upon
denial of a fence permit application by the building official, an
applicant may appeal in writing to the board of adjustment for consideration
of variances. The board of adjustment shall have the power to authorize
upon appeal in specific cases such variances from the terms of this
article as will not be contrary to the public interest where, owing
to special conditions, a literal enforcement of the provisions of
this article will result in unnecessary hardship and so that the spirit
of this ordinance shall be observed and substantial justice done,
including the following considerations:
(b)
Areas
that warrant a hearing before the board of adjustment would be fence
materials, fence setbacks and overall height of the fence. These are
the only areas that may be considered for a variance by the board
of adjustment.
(Ordinance 2019-06-07 adopted 6/18/19)
(a)
After
denial of a fence permit, the applicant may file an application for
appeal for a variance public hearing with the city administrator to
be considered or scheduled for a public hearing before the board of
adjustment.
(b)
An
appeal fee as provided for in the city’s fee schedule shall
accompany such application.
(c)
Site
plan drawings and elevations of the proposed fence shall accompany
the application.
(d)
Before
the tenth day prior to the public hearing on the variance, the city
shall send notice via regular mail to all property owners, as indicated
by the most recent tax appraisal roll, within 200 feet of the property
on which the variance is requested.
(e)
The
board of adjustment shall hear the appeal from the applicant and render
a decision.
(f)
The
board of adjustment shall render a permanent written report regarding
the actions of the board of adjustment and shall file the same with
the city administrator within two (2) weeks from the date of the action.
(g)
The
board of adjustment shall decide the appeal within a reasonable time.
Upon the public hearing, any party may appear in person or by agent
or attorney. The board of adjustment may reverse or affirm wholly
or partly or may modify the order, requirements, decision, or determination
as in its opinion ought to be made in the premises, and to that end,
shall have all powers of the officer or department from whom the appeal
is taken. The decision of the board of adjustment shall be final and
binding upon the applicant.
(Ordinance 2019-06-07 adopted 6/18/19)
