A. Definitions:
FENCE: A wall or other structure erected to bar passage.
PERMANENT FENCE: A fence having or possessing a permanent foundation consisting of anchor poles to allow for wood, chainlink, vinyl, metal, or other fence material and/or a concrete foundation for brick, or cinder block.
TEMPORARY FENCE: A fence having a decorative border no higher than thirty inches (30") (2.5 feet) in height which does not require the use of any permanent material(s) such as anchor poles, concrete foundation, or any other solid masses; or any fence erected around construction sites which does not exceed eight feet zero inches (8'0") in height and which is removed immediately upon completion of the construction project.
B. Permits Required: It shall be unlawful and a violation of this section for any person to erect, construct, enlarge, materially alter, increase the height or composition of, or replace any permanent fence regulated by this section without first obtaining a separate permit for each such fence from the building inspector/code enforcement officer of the city of Artesia ("city") development/planning department. A fence permit shall not be required if it is determined by the building inspector that only minor repair or painting or repainting of the fence is necessary.
C. Application For Permit: To obtain a permit required by this section, the applicant shall first file an application for permit on a form furnished by the building inspector/code enforcement officer of the city community development/planning department.
Two (2) sets of plans, including a drawing of the proposed location for the fence on the lot, and any other data reasonably deemed necessary by the building inspector/code enforcement officer shall be submitted with each application for a permit. Information on plans shall further include:
1. Building location and area to be fenced.
2. Legal description of land to be fenced.
3. Height of fence and type of materials to be used.
4. Intersections of nearest streets, roads, highways, alleys and driveways in immediate proximity to the fence.
5. Existing zoning classification.
6. Corner "visibility range" for any street impacted by the proposed fence.
7. All easements and rights of way which may be in existence and which may be encroached and/or affected by the fence.
8. Distance measurements of all fences to be erected.
One set of approved plans shall be retained by the building inspector/code enforcement officer and one set of the approved plans shall be returned to the applicant.
The plans shall be endorsed by the building inspector/code enforcement officer in writing or stamped "approved" and initialed, and shall not be changed, modified or altered without authorization from the building inspector/code enforcement officer, and all work shall be done in accordance with the approved plans.
The application, plans and other data filed by an applicant for a permit under this section shall be reviewed by the building inspector/code enforcement officer of the community development/planning department. If the work described in an application requesting a permit and the plans and other data filed therewith conform to the requirements of this section, together with all other applicable laws and ordinances, and the fees specified for the permit and inspection have been paid, the permit shall then be issued to the applicant.
D. General Requirements And Restrictions: Fences deemed temporary as defined herein shall not require a permit.
Front yard: Fences or plantings located within thirty feet (30') from the inside curb line of the street or street intersection must be less than thirty percent (30%) solid, or less than three feet (3') in height when the fence or planting is more than thirty percent (30%) solid.
Back yard: Fences or plantings up to eight feet (8') in height may be erected on any part of the lot, as long as the street side of the fence or planting does not extend beyond the front of the main building, and it is located more than thirty feet (30') from the inside curb of the street or street intersection.
Corner lots: The side yard fence or planting for a corner lot may be placed within thirty feet (30') of the side street, up to, but not including the right of way. See figure 1 of this section.
No fence, guywire, brace or post shall be constructed upon or extend over any property of which the city or any private property owner, either owns or has legal control over, or which property contains an easement which may be impacted or otherwise encroached by the fence, guywire, brace or post, unless the applicant first obtains the prior written consent of such owner or other person affected. No fence, guywire, brace or post shall be constructed upon or extend over any utility easement without the applicant first obtaining the prior written consent of the owner or operator of the utilities.
No fence within the city limits shall be electrically charged in any manner, with the exception of a properly installed pet fence located within the interior and to not exceed the height of any fence.
No fence shall be constructed of barbed wire except on property zoned M-1 light industrial or M-2 heavy industrial zoning districts. Such barbed wire shall only be located on the top of a six foot (6') or greater fence with angle arms at the top and such angle arms may be armed with barbed wire. Such arms shall not extend over public or private property, city, county, or state rights of way, easements or private property.
E. Materials:
1. Permitted Materials: The following are permitted materials: wood, metal tubing or wrought iron, stone, masonry, stucco, chainlink, and corrugated metal panels. Vinyl or fiberglass composite materials may be also utilized if the material is listed, designed and constructed for fencing materials.
2. Prohibited Materials: The following materials are prohibited: rope, string, all wire products, including, but not limited to, chicken wire, hog wire, wire fabric, barbed wire (except as otherwise allowed in this code), razor ribbon wire and similar welded or woven wire fabrics, netting, cut or broken glass, paper, metal panels, galvanized sheet metal, plywood, fiberglass panels or plastic panels or any other materials that are not manufactured specifically for use as fencing materials. The building inspector/code enforcement officer may require the applicant to provide a sample of the manufacturer's standards to establish the intended use of a proposed fencing material.
Cumulative to the foregoing paragraph, no person shall construct a fence of wood, metal or plastic products that are designed specifically for uses other than fence construction.
No person shall construct a fence consisting of any damaged or unsafe materials. The building inspector/code enforcement officer may make a determination that certain materials are deemed unsafe for use as a fence.
Used materials of any type shall not be reused unless it can be determined by the building inspector/code enforcement officer that such used materials meet the requirement of the building code for new materials.
F. Height Restrictions: No fence shall be constructed anywhere in the city to a height greater than eight feet (8') above the finished lot grade at the location of the fence.
G. Inspections Required: There shall be a minimum of two (2) inspections during the progress of fence construction, which shall be: 1) when the foundation is dug or the poles are set, and 2) upon the completion of the fence. Additional inspections may be made at any time at the discretion of the building inspector/code enforcement officer.
H. Gates Required: Any fence in which there is closure of the fence or closure of the fence combined with any other structure located on the property shall contain at least two (2) access gates constructed at least thirty six inches (36") each in width, to be located at the front and rear of the fence, except on corner lots, in which one gate may be located on the side of the property adjacent to the closest street, in lieu of the rear of the property. (See figure 2 of this section as example.)
I. Structural Requirements: Masonry walls shall require reinforcement and a footing meeting the minimum standards established in figure 3 of this section unless the building inspector authorizes changes based on site conditions.
J. Fence Completion/Enforcement: All fences shall be diligently constructed and fully completed with one hundred eighty (180) days from date of commencement of construction.
K. General Penalties: Any violation of this section or part thereof shall be subject to the penalties provided by title 1, chapter 4 of this code.
L. Graffiti: All fences, both existing and new, and all parts thereof, shall be maintained in a safe and aesthetically pleasing condition. Graffiti shall be removed in accordance with provisions of the city of Artesia graffiti ordinance. (Ord. 814, 4-14-2009)