4-1-4: FENCES:
The following regulations shall govern the construction, alteration, modification and maintenance of fences, as defined, within the city of Aledo. Every fence constructed, erected, altered, replaced or enlarged after the effective date hereof shall comply with the provisions of this section. Existing fences, constructed or having a permit issued prior to the adoption of this section, shall be allowed to continue as lawful, nonconforming fences so long as they are maintained.
   (A)   Permit: A permit shall be required for all fences, as defined. A permit is not required for nonpermanent landscaping, construction or snow fencing (fencing that is easy to remove, not embedded in ground).
   (B)   Definitions:
      FENCE: A tangible barrier constructed or installed of any material, including plant materials, erected for the purpose of providing a boundary or as a means of protection, or to prevent uncontrolled access, or for decorative purposes (such as ornamental gate(s)), or to screen from view in or on adjoining properties and streets, materials stored and operations conducted behind it. Brushes, hedges and other organic configurations shall be regulated as a fence if used as an enclosing structure or barrier, but shall not be restricted in height unless such height creates a hazard or a nuisance.
   (C)   Height: The maximum height of a fence in a front yard shall be forty eight inches (48"). The maximum height of a fence in a rear yard shall be six feet (6') in residential and commercial zones; maximum eight feet (8') in industrial zones.
   (D)   Location: Only open view fences shall be permitted in front yard setback. Such fences may be located up to the property line in the front yard setback including street/avenue side yard corner lots. (Ord. 13/2010, 5-3-2010)
   (E)   Double Fences: (Rep. by Ord. 13/2010, 5-3-2010)
   (F)   Design Standards:
      1.   All fences shall be of an architectural design that is common to the community.
      2.   All fences shall be designed and constructed so as to be compatible with its environment and surrounding properties from an architectural and aesthetic standpoint.
      3.   No fence shall be of such architectural design or construction that the same is manifestly inferior or is so radically different as to impair marketability or property values of the existing property in the immediate vicinity.
      4.   All fences shall be constructed with the finished, smooth or decorative side facing toward adjoining properties.
      5.   All fences shall be constructed with the posts and supporting beams facing the fence owner's property.
      6.   Uniform design and type shall be maintained along the entire fence span.
      7.   All fences shall be structurally sound and be capable of carrying the loads imposed upon them.
      8.   All fences shall be designed and constructed to resist a horizontal wind load of not less than thirty five (35) pounds per square foot (psf) in addition to any other forces to which it may be subjected.
      9.   Postholes for fences shall be in accordance with subsection (F)8 of this section or per manufacturer's instructions. (Ord. 13/2010, 5-3-2010)
      10.   (Rep. by Ord. 13, 2010, 5-3-2010)
      11.   No fence shall have spikes, barbs or other pointed or sharp assemblies. Top links shall be bent downward and uprights shall be of a design so as to preclude accidental impalement on same.
      12.   Barbed or razor wire, or similar devices, shall only be allowed in industrial districts upon receipt of special use approval as outlined in the zoning ordinance.
      13.   Electrified fences are prohibited.
      14.   No fence, wall or shrubbery may be erected or maintained so as to impede natural stormwater runoff, interfere with drainage of contiguous properties or cause nuisance ponding, flooding or retention.
      15.   No fence shall cause a nuisance, hazard or otherwise adversely affect the public health, safety and welfare. The building official shall determine whether a particular set of circumstances, design or element constitutes such condition. (Ord. 13/2010, 5-3-2010)