(a) Purpose and Scope. The purpose of these provisions is to establish regulations controlling the use and type of fences or walls while promoting the health, safety, and general welfare of the City. This is for the conservation and protection of property, the assurance of safety and security, the enhancement of privacy, and the improvement of the visual environment. This includes the provision of a neat and orderly appearance consistent with the neighborhood and community character.
(b) Regulations on Use.
(1) Regulations - General: Except as otherwise specifically permitted herein, Fences and walls shall be permitted in any required yard or along the edge of any yard in accordance with the following provisions:
A. Such fence or wall may be placed up to the lot line;
B. Such fence or wall may be four feet in height in the front yard, six (6) feet in height in the side yard, and eight feet in height in the rear yard;
C. Such fence or wall in a B-3 Zoning District through I-2 District, inclusive, may be increased to a height of ten feet with prior written approval of the Zoning Inspector.
D. The height of a fence shall be measured from the established grade line to the highest point of the fence. The height of the fence may not be artificially increased by the use of mounding unless otherwise required by the zoning district regulations. The height of the fence or wall shall not include the posts, except, however, the posts may not exceed the fence or wall height by more than six (6) inches.
E. Supporting members for wall and fences shall be located so as to not be visible from the adjoining property unless the fence is designed such that the supporting members are similar in appearance on both sides of the fence or wall;
F. The fence or wall shall not be permitted to encroach upon public rights-of-way or no build zones.
G. The fence or wall shall not be located so as to interfere with the line of sight of drivers on the public streets or from driveways intersecting public streets.
H. No gate shall swing over a public right-of-way.
I. Materials used for fences shall be of traditional fencing materials (such as wrought iron, chain link, pressure treated lumber, cedar, redwood, PVC, vinyl fencing, etc.) and shall be constructed of weather resistant materials .
J. Fences shall be of an approved and uniform type of building material.
K. All fences and walls shall not contain upon or in themselves graffiti, advertising other than that which has been granted a sign permit, and lettering or numbering, except house numbers, which shall not exceed four (4) inches in height.
(2) Prohibited Fencing:
A. Barbed wire, razor wire, concertina wire, and/or other similar or sharp edged material are prohibited in all Zoning Districts except I-1 and I-2. In I-1 and I-2 Zoning Districts, a fence may be topped with barbed wire, not to exceed 12 inches in height, provided that it is installed at an angle of forty-five (45) degrees to the inside of the fenced area, and away from any adjoining property, sidewalk, or right-of-way. The height of the top most strand of wire shall not exceed the maximum height permitted of the fence and the minimum height of the lower most strand of wire shall not be lower than seven (7) feet.
B. Electrified or Electric Fences are prohibited in all Zoning Districts. This shall not apply to Invisible or Radio-Controlled Fences used for pets.
C. Chicken wire fences are prohibited except as used for animal-resistant garden enclosures.
D. Fences shall not be constructed of scrap materials, refuse materials, pallets, cattle fencing, and/or any other material not generally considered for permanent fencing.
E. Snow fencing, except from November 1 through March 31 inclusive. During that period, snow fencing shall only be permitted as a means to prevent drifting snow and shall not be used for any purposes normally associated with traditional fencing.
(3) Maintenance:
A. Permitted fences, walls or structures shall be maintained in good condition, be structurally sound and completely finished at all times. Any grounds between such fences, walls or structures and property lines shall be well maintained at all times by the appropriate property owner. Supporting members for walls and fences shall be located so as to not be visible from the adjoining property unless the fence is designed such that the supporting members are identical in appearance on both sides of the fence or wall.
B. None of the provisions of this Code shall be interpreted to prevent normal repairs and maintenance or to strengthen or correct any unsafe condition of any fence.
C. In the event any fence maintenance replaces an amount of the surface area of the existing fence in an amount exceeding thirty-three percent (33%) of the surface area of the existing fence within a 12-month period, this shall be considered a replacement that will require a Zoning Permit and compliance with all regulations of this chapter.
(4) Compliance Required; Conflicting Provisions:
A. Fences shall be designed, erected, altered, reconstructed, moved, anchored, positioned and maintained, in whole or in part, strictly in accordance with the provisions of this subchapter and building code provisions applicable to fences.
B. If these standards conflict in any way with the standards in any planned development zoning text, then the most restrictive standards shall prevail. Standards in this section applicable to matters not covered in the planned development zoning text shall also apply.
(Ord. 228-2022. Passed 10-3-22.)