For the purpose of this article, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
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 the city manager or his designee. An alternative
material, design or method of construction shall be approved where
the city manager 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 of Overton city manager, interim city manager or
designee.
The Code of Ordinances of the city.
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°).
A fence which is decayed, deteriorated, or has fallen into
partial ruin.
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. 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. A fence is any part of a fence including
the base, footings, supporting columns, posts, braces, structural
members, or any other of its appendages.
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 situated in a block with frontage on only one public
street and specifically not a corner lot.
The side yard lot line of a corner lot that is adjacent to
an interior lot’s side yard line.
The mean horizontal distance between the front and rear lot
lines.
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 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 shall be the opposite end of the lot from the front yard.
A corner lot where the rear lot line is adjacent to a side
lot line of an adjoining lot or across an alley from such side lot
line.
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 the 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 as an intersection
by extending the two ROW lines from their point of intersection to
a distance. These two points are then connected with an imaginary
line to form the corner visibility triangle. If there are no curbs
existing, the triangular area shall be formed by extending the property
lines for a 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 obstructed 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 2018-04-19C adopted 4/19/18; 2014 Code, sec. 92.01)
(a)
It
shall be unlawful for any person to erect or have erected a fence,
or any part of a fence, that is not in compliance with these fence
regulations. Compliance is required with or without a fence permit.
(b)
It
shall be unlawful for any person to erect or have erected a fence,
or any part of a fence, that is seven feet (7') or higher, in the
city, without first obtaining a fence permit from the city.
(Ordinance 2018-04-19C adopted 4/19/18; 2014 Code, sec. 92.02)
Any person making application for a fence permit shall sign
an application for the same showing the following information:
(1)
Applicant’s
name, address and, if the applicant represents a company or corporation,
the name and address of the company, and the supervisor or foreman
of the project.
(2)
Name
of the owner of the property.
(3)
Local
address where the fence is proposed to be erected.
(4)
Type
of fence construction.
(5)
Height
of fence.
(6)
Plat
(site plan) showing the lot on which the fence is proposed to be erected,
location of adjoining or adjacent lots and with heavy black lines
outline the location of proposed fence.
(7)
Approximate
valuation of the fence project.
(Ordinance 2018-04-19C adopted 4/19/18; 2014 Code, sec. 92.03)
A minimum fence permit fee as prescribed in the fee schedule in appendix A of this code shall be charged for each permit issued.
(Ordinance 2018-04-19C adopted 4/19/18; 2014 Code, sec. 92.04)
No fence, guy wires, braces or any post of such fence shall
be constructed upon or cause to protrude over property that the city
or the general public has dominion and control over, owns or has an
easement over, under, around or through, except upon utility easements
that are permitted to be fenced.
(Ordinance 2018-04-19C adopted 4/19/18; 2014 Code, sec. 92.05)
It shall be unlawful to erect a fence at a height exceeding
twelve feet in any rear yard or along any rear yard lot line.
(Ordinance 2018-04-19C adopted 4/19/18; 2014 Code, sec. 92.06)
It shall be unlawful to erect a fence at a height exceeding
twelve feet in any side yard or along any side yard lot line.
(Ordinance 2018-04-19C adopted 4/19/18; 2014 Code, sec. 92.07)
(a)
Generally.
All fences constructed in the front yard
of residential property shall:
(Ordinance 2018-04-19C adopted 4/19/18; 2014 Code, sec. 92.08)
(a)
No
fence erected on property zoned for residential use or used for residential
use shall be electrically charged in any manner or form. This exclusion
includes but is not limited to fences electrically charged by battery
or those tied in with the regular electrical outlet, unless such fence
is erected for the purpose of controlling a dog.
(b)
No
fence erected on property zoned for residential use or used for residential
uses shall be constructed of barbed wire fencing unless the same is
approved by the city manager or his designee.
(c)
In
nonresidential areas, fences armed with barbed wire and arms are permitted
on fences over six feet (6') in height. Such arms may not extend over
public right-of-way or easements or over private property of another
person.
(Ordinance 2018-04-19C adopted 4/19/18; 2014 Code, sec. 92.09)
In order to allow ingress and egress for fire department personnel
and fire department equipment, there shall be at least one gate or
opening, with a minimum width of three feet (3'), in each fence, adjacent
to or running parallel to any public alley, drainage easement or utility
easement. This provision shall not apply to utility easements that
the city has allowed to be completely fenced in.
(Ordinance 2018-04-19C adopted 4/19/18; 2014 Code, sec. 92.10)
All fences abutting city-owned property or an easement, regardless
of when originally constructed, shall be maintained by the owner of
the property in compliance with the requirements of this article,
including, but not limited to, the following maintenance standards:
(1)
A
fence shall not lean more than one inch out of vertical for each foot
of height as measured from the top of the fence.
(2)
The
owner shall replace broken, damaged, removed or missing parts of a
fence within ten (10) days of the owner receiving notice from the
city manager or his designee, 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. No permit is required
for repairs as defined in this article. The city manager or his designee
may, upon written notice from the owner that unusual circumstances
prevent the timely repair of a fence, extend the replacement time
as required. The city manager or his designee shall not extend the
replacement time longer than reasonably necessary. The owner requesting
a replacement time extension shall provide the city manager or his
designee a written scope and schedule detailing the materials and
estimated time period of the completed replacement for approval.
(3)
A
fence shall be maintained in sound structural condition as a whole
or completely removed, including post(s).
(4)
Property
owners shall maintain fences, including those existing prior to the
adoption of this article, at all times in a state of good repair,
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.
(5)
Property
owners shall regularly paint fence supports, gates, structural members
and exterior surfaces that are covered with paint to prevent rusting,
peeling or blistering surfaces.
(6)
Existing
fences that were constructed prior to the adoption of this article
that were constructed with materials not currently permitted by this
article may be maintained as long as no part of the fence is or becomes
unsafe, dilapidated, or a public nuisance. If the city manager or
his designee determines the fence is unsafe, dilapidated, or a public
nuisance the fence must be repaired with materials approved by this
article or be removed.
(7)
The
repairs/maintenance must be made in complete sections extending a
minimum of support posts to support posts. If the city manager or
his designee determines the extent of repair on any existing fence
(materials are noncompliance) is in excess of fifty percent (50%)
of the total fence, then the entire fence must be replaced with materials
approved by this article. A rolling twelve (12) month time period
shall be used to determine if over fifty percent (50%) of a fence
has been repaired.
(8)
The
construction of a fence or wall on the property line shall not preclude
the property owner’s responsibility to maintain and keep the
area between the property line to the back of the curb or edge of
pavement or center of the alley free and clear of debris and high
weeds.
(Ordinance 2018-04-19C adopted 4/19/18; 2014 Code, sec. 92.11)
In all cases of direct conflict between this article and the
zoning regulations of the city, concerning construction and maintenance
of fences, this article shall prevail. In all cases of conflict between
this article and any specific ordinance changing the zoning on a particular
tract of land, the ordinance changing the zoning shall prevail.
(Ordinance 2018-04-19C adopted 4/19/18; 2014 Code, sec. 92.12)
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.
(Ordinance 2018-04-19C adopted 4/19/18; 2014 Code, sec. 92.13)
The corner visibility triangle is defined as an intersection
by extending the two ROW lines from their point of intersection to
a distance as shown. 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 a distance of thirty feet (30') from their point
of intersection. A fence on the corner of a major thoroughfare must
have a forty feet (40') x forty feet (40') visibility triangle.
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Figure 1. Visibility Triangle
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|---|
 |
(Ordinance 2018-04-19C adopted 4/19/18; 2014 Code, sec. 92.14)
(a)
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.
(b)
A
fence must not impede access to public utilities or metering devices.
(Ordinance 2018-04-19C adopted 4/19/18; 2014 Code, sec. 92.15)
Replacement of legal nonconforming fences, walls, gates and
columns shall be subject to the requirements in this article. Exceptions
may be granted by an approved planned development ordinance for the
neighborhood.
(1)
A
permit shall not be required if:
(A)
Repair of short sections of legal nonconforming fences, walls, gates,
or columns when repairs are less than two fence panels or a maximum
of sixteen feet (16');
(B)
Replacement of the fence does not exceed fifty percent (50%) of the
total fence length; or
(C)
A rolling twelve (12) month time period is observed between repairs
or replacement.
(2)
The
replacement of any nonconforming structure shall be prohibited if
the city manager or his designee determines that a public safety hazard
exists or the city engineer determines that the structure encroaches
in an easement or public right-of-way. Any fence, wall, gate, or column
constructed without a lawfully issued permit is a violation of the
city code.
(Ordinance 2018-04-19C adopted 4/19/18; 2014 Code, sec. 92.16)
