This article shall govern the erection of fences and walls within
the city, as the public welfare requires it.
(Ordinance adopted 4/5/2016)
(a)
Rules for words and phrases.
For the purpose of this
article, words used in the present tense include the future tense;
words in the singular number include the plural number and words in
the plural number include the singular; the word “shall”
is mandatory and not directory; the word “may” is permissive.
Any term not defined in this section shall be construed to be used
in this article as by the latest edition of Webster’s Unabridged
Dictionary.
(b)
City right-of-way.
Corner lot.
Double frontage lot.
Easement.
Fence.
Interior lot.
Definitions.
An approximate ten foot (10') area measured from the face
of the curb towards the house. This area is city property.
A lot adjacent to two (2) or more intersecting streets. (Illustration
2 attached to Ordinance adopted 4/5/2016)
A lot with frontage on two (2) nonintersecting streets. (Illustration
3attached to Ordinance adopted 4/5/2016)
A right to the use of a designated area of land for utilities
such as electricity, gas, telephone, cable TV, sewage, drainage, etc.
Any structure which encloses, partitions or divides any yard
or property.
Front of lot is adjacent to one (1) street and is contiguous
to adjacent lots on two (2) sides and the rear property lines. (Illustration
1attached to Ordinance adopted 4/5/2016)
(Ordinance adopted 4/5/2016)
(a)
The
maximum height of any fence shall be six feet, with the following
exceptions:
(1)
Tennis court fences may be a maximum of ten feet in height;
(2)
Subdivisions entrance features (SEF) may exceed six feet in height
to a maximum of 35 feet when specifically approved by the mayor and
board of aldermen;
(3)
Fences attached to subdivision entrance features may be a maximum
of eight feet in height; and
(4)
Fences on property zoned commercial may exceed six feet in height
when specifically approved by the mayor and board of aldermen.
Any proposals for fences in excess of six feet in height. When
submitted to the mayor and board of aldermen for approval, must be
accompanied by appropriate documentation justifying such additional
height.
(b)
Fences
over 30 inches in height are not permitted within the required front
yards of lots, as specified in the zoning ordinance, with the exception
of subdivision entrance features and attached fences/walls and lots
over 2 acres.
(c)
No
fence shall be placed within 25 feet of any street corner, the corner
being defined as the intersection of the right-of-way lines of the
two streets.
(d)
Solid
fences (excluding exterior fences installed by developer) which are
substantially opaque and serve as visual barriers shall be composed
of masonry, durable wood or combination of durable wood and masonry.
(e)
No
fence shall impede or divert the flow of water through any drainage
easement unless by adequate investigation by the city engineer. It
can be determined that the fence will not adversely impact any property
owner and will contribute to an improvement in the overall drainage
system.
(f)
All
fences and walls shall be maintained in a structurally sound condition
and in good repair. Fences and walls shall be free from loose or rotting
materials and shall have braces and supports attached or fastened
in accordance with common building practices.
(Ordinance adopted 4/5/2016)
(a)
Features.
A subdivision entrance feature (SEF) shall
be defined as a cohesively designed element(s) to a subdivision, intended
to create a unique, identifying entrance area. The SEF shall be located
within a common open space area or landscape easement, adjacent to
a street on the perimeter of the subdivision, and be composed of at
least two of the following components: enclosed structures or gatehouse,
wall/fence, landscaping, pedestrian gates, signs and associated decorative
items such as lights and finials.
(b)
Minimum setback.
SEF shall be setback a minimum of 15
feet from the curb of the perimeter arterial street. On a corner lot
no structure, planting, sign or object of natural growth which obstructs
visibility shall be placed or permitted to remain within a triangle
formed by connecting the three points which are the intersection of
the extension of the adjacent rights-of-way and the points 50 feet
from the intersection, along each right-of-way line. A structure,
planting, sign or object of natural growth, excluding trees, between
the heights of 24 inches to 96 inches shall be deemed as obstructing
visibility. This measurement shall be made from the top-of-curb.
(c)
Maximum permitted height.
The maximum permitted height
of a SEF is thirty-five feet above the surrounding grade, at a setback
of 15 feet from the perimeter street right-of-way. A SEF height up
to 35 feet is permitted, provided that the setback increases two feet
for every one foot of SEF height over ten feet. An adjoining fence
height of up to eight feet is permitted, provided that the fence is
attached to the SEF and transitions to a height of six feet after
a maximum linear span of 25 feet. Fence columns may exceed the actual
fence height. Provided there is a appurtenances may extend above the
top of the SEF [sic].
(d)
Landscaping.
A minimum ten-foot wide landscape area
shall be provided between the fence and sidewalk, or the street right-of-way
fi no sidewalk is required [sic].
(e)
Required materials.
SEF shall be substantially opaque,
shall serve as visual barriers and shall be composed of masonry or
a combination of natural stone, real stucco and masonry. Other elements
such as wrought iron may be used in the fence composition but only
as a secondary accent material.
(Ordinance adopted 4/5/2016)
Fences proposed for multifamily, commercial, institutional or
subdivision developments must satisfy the requirements of the mayor
and board of aldermen and the intent of this article. Developers will
be required through subdivision or project development contracts to
erect certain fences for buffering purposes.
(Ordinance adopted 4/5/2016)
(a)
This
article is not intended to interfere with, abrogate, or annul any
other ordinance, rule or regulation, statute or other provision of
law. Where any provision of this article imposes restrictions different
from those imposed by any other provision of this article, or by any
other ordinance, rule or regulation or the provision of law, whichever
provisions are more restrictive or impose higher standards shall control.
(b)
This
article is not intended to abrogate any easement, covenant, or any
other private agreement or restriction, provided that where the provisions
of this article are more restrictive or imposes higher standards or
regulations than such easement, covenant or other private agreement
or restrictions, the requirements of this article shall govern.
(Ordinance adopted 4/5/2016)
Any fence erected lawfully prior to the effective date of this
article, may be maintained in its present condition. However, no fence
may be substantially altered except in conformity with the provisions
of this article. This article shall not be construed as abating any
action now pending under, or by virtue of, prior existing regulations,
or as discontinuing, abating, modifying or altering any penalty accruing
or about to accrue, or as affecting the liability of any person, or
as waiving any right of the city under any section or provision existing
on the effective date of this article, or as vacating or annulling
any rights obtained by any person by lawful action of the city except
as shall be expressly provided for in this article.
(Ordinance adopted 4/5/2016)
(a)
Enforcing officer.
It shall be the duty of the code
enforcement officer to administer and enforce the provisions of this
article. The code enforcement officer shall have the power to make
inspections necessary to carry out his duties.
(b)
Building permits.
(1)
It shall be unlawful to commence the erection of a fence until the
building official has issued a building permit for such work. Applications
for fence pem1its will be available at city hall and the building
and permits office.
(2)
In applying to the code enforcement officer for a fence permit, the
applicant shall submit a dimensional sketch or scale plan indicating
the shape, size, height, and location on the lot of any fence to be
erected, altered or moved and of any other buildings on the lot and
all drainage from, onto or through the lot. If the application is
refused, the code enforcement officer shall state the refusal in writing
and the cause.
(c)
Violation and penalty.
Any person violating any provision
of this article shall be deemed guilty of a misdemeanor and upon conviction,
shall be punished as provided in Article X section 1105 [sic]. Each
day’s continuance of a violation shall be considered a separate
offense. The owner of any premises, or part thereof, where anything
in violation of this article shall be placed, or shall exist, and
any person who may have knowingly assisted in the commission of any
such violation, shall be guilty of a separate offense. Persons in
violation of this article may also be subject to injunctive proceedings.
(Ordinance adopted 4/5/2016)
(a)
Fence material; condition.
All such fences shall at
all times be maintained and kept in good repair by the lot owner of
such double frontage lot.
(b)
Grass, shrubs, trees; condition; height of grass.
All
shrubs, trees and other landscaping located between the curbline or
paved edge of the roadway and the property line on such double frontage
lots and all grass or planted surfaces shall be maintained at all
time by the subdivisions’ homeowners association. All grass,
weeds and noxious growths shall be mowed, cut or clipped, as frequently
as necessary to ensure that weeds, grass, and noxious growths do not
exceed a height of twelve inches. Cuttings and clippings and other
debris shall not be allowed to accumulate. Mulch shall be replaced
regularly in order to maintain a fresh appearance.
(c)
Maintenance of shrubbery.
All trees, shrubs, grasses
and other landscaping as required by this article shall be properly
maintained to remain in a healthy growth state. Any dead growth shall
be removed and replaced by such trees, shrubs, grasses and other landscaping
as complies with this article and which is substantially identical
with such previous landscaping material or with other landscaping
material as approved by the mayor and board of aldermen. All planting
shall be irrigated and the irrigation system shall meet minimum industry
standards for this type of installation.
(d)
Enforcement.
It shall be the duty of the city code enforcement
officer to administer and enforce the provisions of this article.
(e)
Penalty.
Any person violating any provision of this
article shall be deemed guilty of a misdemeanor and, upon conviction,
shall be fined not more than $500.00. Each day’s continuance
of a violation shall be considered a separate offense. The owner of
any premises, or a part thereof, where anything in violation of this
article be placed, or shall exist, and any person who may have knowingly
assisted in the commission of any such violation or shall have permitted
such violation to occur shall be guilty of a separate offense. Persons
in violation of this article shall also be subject to injunctive proceedings
to enforce compliance therewith.
(f)
Conflict with other ordinances.
In case of conflict
between other provisions of this article or between this article and
any existing or future ordinance of the city, the most restrictive
shall apply.
(g)
Nonconforming fences and landscaping.
Any fences or
landscaping on double frontage lots which do not conform to the provisions
of this article, but which were erected or planted in compliance with
previous articles shall be regarded as nonconforming fences and landscaping.
The location, size, material and other structural characteristics
of such nonconforming fences and landscaping shall be governed by
the provisions of section 10-2600 of the city zoning ordinance [sic].
The maintenance standards and requirements imposed on such nonconforming
fences and landscaping pursuant to previous articles applicable prior
to the passage of this article may be continued for a period of one
year form the passage of this article, providing such nonconforming
fences and landscaping are not determined to be an imminent threat
to the safety or health of the community. Any nonconforming fences
or landscaping which are found to contain maintenance deficiencies
in violation of this section shall be brought into compliance within
one year from the passage of this article. If the owner of the lot
on which such nonconforming fences or landscaping exists fails to
correct such maintenance deficiencies within one year form the passage
of this article, the city code enforcement officer shall cause such
maintenance and corrective action to be taken with the costs and expenses
to be assessed against the lot owner as a special assessment as provided
in the forgoing section of this article.
(Ordinance adopted 4/5/2016)
