(A) Scope. This section shall include general fence requirements for all districts.
(B) Access Corridor. No fence shall be erected or allowed to grow in a natural state so as to create an inaccessible and/or unmaintainable area or corridor with any other principal, accessory or fence structure. Such area or corridor shall be a minimum distance of 30 inches. This shall not prohibit a fence from being adjacent to or attached to another principal, accessory or fence structure.
(C) Attachment to Neighboring Structure. A fence may be erected across the property line to be adjacent to or attached to a neighbor’s principal, accessory or fence structure if such notarized authorization from said adjacent property owner is submitted to the Building Commissioner with the required application for a fence permit. This notarized form must state that this authorization is a permanent agreement to become part of any change of ownership of either property owner.
(D) Appearance. All visible supports must face the property that is making such installation, unless the Planning Commission grants approval otherwise.
(E) Swimming Pool Fence. Swimming pool fences shall comply with the regulations as set forth in Chapter 1332.
(F) Footing Depths. All fence types shall have posts secured a minimum of 38 inches below the finished grade to the frost depth of the local area or modifications of required depth as approved by the Building Commissioner. It is recommended posts be set on a minimum six-inch concrete footing.
(G) Maintenance.
(1) Living fences shall be trimmed and maintained at all times so as not to create a private nuisance, as determined by the Building Commissioner, or interfere with pedestrian and vehicular traffic on both public and private property. Violations are subject to citations of the Property Maintenance Code Chapter 1348.
(2) Entering adjoining property; damage.
(a) No person, being the owner of any residential or commercial real property, or his or her lessee or tenant, or any person acting for or on his or her behalf, shall prohibit, prevent, hinder, obstruct or deny the right of the owner of any adjoining real property or any person acting for or on his, her, or their behalf, to reasonably enter upon such real property for the purpose of making necessary repairs and/or maintenance to such adjoining owner’s real property only when it is reasonably necessary to enter upon such real property to make such repairs and/or maintenance with prior written notice.
(b) Any person, being owner of any residential or commercial real property, or any person acting for or on his, her, or their behalf, who enters upon the adjoining real property of another pursuant to this section shall return such property to the condition it was in prior to such entry and shall be liable for damage caused by such entry to any person or real or personal property, including, but not limited to, trees, shrubbery, flowers, grass or other vegetation.
(3) All other fences shall be maintained:
(a) So as not to interfere with pedestrian and vehicular traffic on both public and private property; and
(4) All fences shall be maintained in good repair, structurally sound, and sanitary so as not to pose a threat to public health, safety and welfare. All fences shall periodically be treated with paint stains or chemicals so as to retard deterioration.
(H) Access to Utilities. Fences placed on utility easements shall provide access to manholes, utility boxes, clean outs or other apparatus that may be used from time to time for maintenance of the utility.
(I) Obstructing Utilities. When a fence obstructs access to utilities, the owner shall be required to remove such fence at his or her expense without remuneration from the city.
(J) Prior Approval. Fences in drainage easements, riparian setbacks shall require prior approval of the Building Commissioner.
(K) Conflict with Zoning Ordinance. If the provisions of this chapter are in conflict with any other provision of the Zoning Ordinance, the provisions of this chapter shall supersede the other sections of the Zoning Ordinance.
(Ord. 169-99, passed 9-20-1999; Ord. 17-10, passed 2-1-2010; Ord. 160-11, passed 12-19-2011; Ord. 137-12, passed 9-17-2012)