For the purposes of this article, unless otherwise apparent from the context, certain words and phrases used in this article, are defined as follows:
"Abut"
means contiguous to; for example, two adjoining lots with a common property line are considered to be abutting.
"Adjacent"
means near, close, contiguous, or abutting; for example, an industrial zone across a street or highway from a residential zone shall be considered as adjacent.
"Adjoining"
means across from a street, highway, alley, railroad, or drainage channel or directly abutting.
"Alley"
means a public or private way at the rear or side of property, permanently reserved as a means of secondary vehicular access to abutting property.
"Block wall"
means a wall constructed of slump block, split face brick, concrete or other masonry decorative material. No building materials other than those necessary for interior reinforcement or exterior plaster shall otherwise be used in the construction of a block wall. All block walls shall be compatible with the color, style and design usage of the property and shall be subject to the approval of the Director of Community Development.
"Corner cutback"
means the reserved open space for the maintenance of adequate and safe visibility for vehicular and pedestrian traffic at all intersections of streets, alleys, and/or private driveways as provided in the zones. Such space shall be kept free of visual obstructions. In no case shall landscaping and/or structures permitted in the required corner cutback area exceed two (2′) feet six (6″) inches in height, measured from the established street grade. Corner cutback shall be subject to review and approval by the City Traffic Engineer.
"Fence"
means any structure, planting, tree, shrub, or hedge, or any combination thereof, forming a physical barrier which is constructed, maintained, or intended to be impenetrable to persons or animals, the primary purpose of which is to enclose or separate areas of land. This shall include masonry, wire mesh, steel mesh, chain link, louvers, wood, stake, trees, shrubs, hedges, and/or other similar materials.
"Front wall"
means the wall of a building or structure nearest the street on which the building fronts but excluding certain architectural features, such as cornices, canopies, eaves, or embellishments.
"Front yard"
means a yard which extends across the full width of the lot or parcel of land and extends from the front lot line to the entire actual front building line including building offsets covered with a roof extension.
"Height"
means the vertical distance measured from the top of the uppermost vertical projection to the grade beneath.
"Main building"
means a building within which is conducted the principal use permitted on the lot as provided by the zoning regulations.
(§ 1, Ord. 1626, as amended by § 1, Ord. 560-NS, eff. August 2, 1995, § 1, Ord. 779-NS, eff. June 15, 2006, and §§ 3 and 13, Ord. 2019-978, eff. September 5, 2019)
No person shall erect or construct any fence or wall in the City, or cause the same to be done, without first obtaining a separate permit for each such fence or wall.
(§ 1, Ord. 1627, as amended by § 1, Ord. 560-NS, eff. August 2, 1995, and §§ 3 and 13, Ord. 2019-978, eff. September 5, 2019)
A fee for every fence/wall permit shall be paid to the City based on the most current fee schedule set by the City Council.
(§ 4, Ord. 1571, and §§ 1 and 2, Ord. 1627, and § 1, Ord. 560-NS, eff. August 2, 1995, and §§ 3 and 13, Ord. 2019-978, eff. September 5, 2019)
In any R-L, R-M, or R-H Zone, the following shall be established:
(a) 
No fence shall be greater than eight (8′-0″) feet in height above the natural level of the ground in any area or finish grade adjacent thereto. A fence or wall not greater than eight (8′-0″) feet in height may be erected on any residential lot except where fences or walls are prohibited or restricted or except where there is a height limitation imposed.
(b) 
Within the front yard setback or building setback, whichever is less, no fence or wall shall exceed sixty (60″) inches in height, where the first thirty (30″) inches above the natural ground or finished grade may be constructed solid and view obscuring. Above the first thirty (30″) inches, fences shall be non-view obscuring. The fence or wall height on corner lots, at the intersection of two public streets shall be subject to the review and approval of the Director of Community Development.
(c) 
A fence or wall not greater than eight (8′-0″) feet in height may be constructed along the street line of a corner lot, except on a reversed corner lot, behind the front yard setback or building setback, whichever is less and terminating at the rear property line of the lot, except where corner cutback is required.
(d) 
A fence or wall not greater than eight (8′-0″) feet in height may be constructed along the street line of a reversed corner lot beginning at the front yard setback or building setback, whichever is less and terminating at a point no less than ten (10′-0″) feet from the rear property line of the lot. Such fence or wall shall have a corner cutback and may not extend within a triangle, two sides of which shall be the rear property line and the side street property line measured ten (10′-0″) feet in each direction from the point of intersection of such lines, and the third side of the triangle which shall be a straight line connecting such two points, except as follows:
(1) 
A fence or wall not greater than eight (8′-0″) feet in height may be constructed within the required corner cut-back area, provided that the first thirty (30″) inches above the natural ground or finished grade may be constructed solid and view obscuring, anything above the first thirty (30″) inches shall be non-view obscuring and constructed so as to have a minimum of 80% visibility.
(e) 
When there is a difference in the ground level between two adjoining lots, the height of any fence or wall constructed along the property line shall be determined by using the finished grade of the highest contiguous lot.
(f) 
Fence or wall materials shall include wrought iron, wood, concrete block, brick and vinyl. Vinyl fences must duplicate a wood grain appearance. Chain link fences or chain link gates of any type shall not be permitted on any residentially zoned or developed property.
(g) 
Within the front yard, fences or walls shall be limited to decorative open-fencing, such as wrought iron. Block wall materials shall be decorative in finish such as slump block, brick or other decorative stone. Block walls may be stucco covered providing the color of the stucco matches the primary color of the residential structure.
(h) 
Any new residential development of two or more dwelling units, but excluding additions and minor improvements, shall provide a block wall not less than six (6′-0″) feet in height along the side and rear property lines, except where expressly prohibited by this section. Block walls shall be architecturally compatible with the proposed architectural theme.
(§ 2, Ord. 1626, as amended by § 1, Ord. 54-NS, eff. January 20, 1971, § 1, Ord. 254-NS, eff. January 16, 1980, § 1, Ord. 273-NS, eff. December 17, 1980, § 1, Ord. 497-NS, eff. January 15, 1992, § 1, Ord. 560-NS, eff. August 2, 1995, § 3, Ord. 779-NS, eff. June 15, 2006, and §§ 3 and 13, Ord. 2019-978, eff. September 5, 2019)
(a) 
Property developed for parking abutting property in residential zones. Where property being developed for parking abuts property in a residential zone, a fence or wall not greater than eight (8′-0″) feet in height may be constructed along the common boundary line of such abutting property. Such eight (8′-0″) foot wall shall not extend into the front yard or side yard setback required in any abutting residential zone and shall be subject to the height requirements of the residential zone. Where such wall abuts a required building line front setback, such wall shall not be more than three (3′-0″) feet in height.
(b) 
Property developed for parking fronting property in residential zones. Where the property being developed for parking is across a street or highway from property in a residential zone, a fence or wall not greater than eight (8′-0″) feet in height may be constructed along the rear and side boundary line of such property. The front fence or wall shall not exceed three (3′-0″) feet in height and shall be erected and maintained not less than five (5′-0″) feet from the front property line.
(c) 
Other property developed for parking. Where the property being developed for parking is across a street or highway from property in any zone other than a residential zone, a fence or wall not greater than eight (8′-0″) feet in height may be constructed along the rear and side boundary line of such property. The front fence or wall shall not exceed three (3′-0″) feet in height and shall be erected and maintained not less than five (5′-0″) feet from the front property line.
(§ 3, Ord. 2019-978, eff. September 5, 2019)
(a) 
Commercial or industrial property abutting residential property. Where a property in a commercial or manufacturing zone abuts property in a residential zone, a fence or wall not greater than eight (8′-0″) feet in height may be constructed along the common boundary line between such properties. Such eight (8′-0″) foot wall shall not extend into the front yard or side yard setback required in any abutting residential property and shall be subject to the height requirements of the residential zone.
(b) 
Commercial property abutting nonresidential property. Where property in a commercial zone does not abut property in a residential zone, there shall be an eight (8′-0″) foot maximum height requirement for fences or walls erected along such property. However, where such wall abuts a required building line front setback, such wall shall not be more than three (3′-0″) feet in height.
(c) 
Industrial and manufacturing property abutting nonresidential property. Where property in an industrial zone does not abut property in a residential zone, there shall be an eight (8′-0″) foot maximum height requirement for fences or walls erected along such property. However, where such wall abuts a required building line front setback, such wall shall not be more than six (6′-0″) feet in height. For the purposes of public safety, the fence heights on corner lots at the intersection of two public streets shall be subject to review and approval by the Community Development Director for safety standards and vehicular sight visibility. The Community Development Director is hereby authorized to impose lesser height requirements than set forth in this section if he or she deems such restriction necessary and in the public interests. The determination of the Community Development Director shall be subject to an appeal to the Council and a public hearing by the Council, whose determination shall be final. An appeal fee, as set forth in the City's fee schedule, shall be paid by any person who deems himself or herself aggrieved by the determination of the Community Development Director in connection with such appeal hearing before the Council.
(§ 3, Ord. 1626, as amended by § 2, Ord. 54-NS, eff. January 20, 1971, § 1, Ord. 560-NS, eff. August 2, 1995, and §§ 3 and 13, Ord. 2019-978, eff. September 5, 2019)
No fence shall be erected, maintained, or used for the purpose of advertising.
(§ 4, Ord. 1626, as amended by § 1, Ord. 560-NS, eff. August 2, 1995, and §§ 3 and 13, Ord. 2019-978, eff. September 5, 2019)
Where an alley intersects a street or another alley, a fence or wall shall have a corner cutback and may not extend within a triangle, two sides of which shall be the alley property line and the intersecting street property line measured ten (10′-0″) feet in each direction from the point of intersection of such lines, and the third side of the triangle which shall be a straight line connecting such two points, except as follows:
(1) 
A fence or wall not greater than eight (8′-0″) feet in height may be constructed within the required corner cut-back area, provided that the first thirty (30″) inches above the natural ground or finished grade may be constructed solid and view obscuring, anything above the first thirty (30″) inches shall be non-view obscuring and constructed so as to have a minimum of 80% visibility.
(§ 7, Ord. 1626, as amended by § 1, Ord. 560-NS, eff. August 2, 1995, and §§ 3 and 13, Ord. 2019-978, eff. September 5, 2019)
No electrically charged fence shall be erected, constructed, or maintained in the City.
(§ 8 (c), Ord. 1626, as amended by § 1, Ord. 560-NS, eff. August 2, 1995, and §§ 3 and 13, Ord. 2019-978, eff. September 5, 2019)
No barbed wire or other sharp-pointed materials shall be erected, constructed, or maintained in the City.
(§ 8 (d), Ord. 1626, as amended by § 1, Ord. 560-NS, eff. August 2, 1995, and §§ 3 and 13, Ord. 2019-978, eff. September 5, 2019)
Any fence lawfully erected prior to May 17, 1967, and not conforming with the location requirements and height limitations prescribed in this article, shall be classified as nonconforming and shall be subject to all the applicable regulatory provisions concerning nonconforming uses.
(§ 8 (b), Ord. 1626, as amended by § 1, Ord. 560-NS, eff. August 2, 1995, and §§ 3 and 13, Ord. 2019-978, eff. September 5, 2019)