A. No person shall erect, construct or maintain any partition or division fence, or any section or portion thereof, which exceeds six feet (6') in height above the surface of the ground for the first fifty feet (50') back from the front or any street line of the lot or lots, and no partition or division fence shall be constructed of such height or in such manner as to interfere with the access of light or air to any dwelling house or place used as a permanent habitation. Any person violating any provisions of this section shall be fined as provided in section 1-4-1 of this code. (Ord. 6488, 5-24-2000)
B. No person shall erect or construct any fence, or any section or portion thereof, without a permit from the department of building, housing, planning and zoning. The nonrefundable application fee for such a permit shall be thirty dollars ($30.00) plus an additional fifteen dollars ($15.00) for each thousand dollars of construction cost for any property located in any district that is not zoned residential. There shall be no additional fee for the actual issuance of a permit, if found to be appropriate by the department of building, housing, planning and zoning. (Ord. 7439, 2-11-2015)
C. Before issuance of a permit for the erection or construction of any fence of any kind, the department of building, housing, planning and zoning must determine that said fence meets all of the following criteria:
1. The requested fence will fulfill the purpose intended;
2. The material to be used in the construction of the fence must be of a commercially available material manufactured and intended primarily as fencing material;
3. Any wood used in fence construction must be sealed, treated or painted;
4. The burden upon adjoining property owners, occupants, or the general public by the erection of the requested fence is not substantial or unacceptable. The burden upon the adjoining property owners, occupants, or the general public by the erection of the requested fence shall be presumed substantial and unacceptable if the fence is to be constructed in such a manner as to expose support posts or support rails of the fence to the view of the adjoining property owners, occupants or the general public to a greater extent than exposed to the view of the property owner or occupant desiring to erect or construct the requested fence;
5. The fence to be constructed must be located entirely upon the property of the applicant or upon property which applicant has written permission to use. (Ord. 6604, 9-26-2001)