Fences shall be permitted in all yards subject to the following:
(A) Permit required. No person, except on a farm and related to agricultural uses, shall hereafter construct or cause to be constructed or erected within the city, any fence or retaining wall without first making an application for and securing a permit with the Zoning Administrator.
(B) Locations; boundary line fences.
(1) Fences, including footings, shall be located entirely upon the private property for which the building permit has been issued and no fence shall be placed on or extend into public rights-of-way or onto public property.
(2) Such a fence of wood or other material which requires periodic maintenance shall be located no closer than 3 feet from any side or rear yard lot line on the property of the person constructing or causing the construction of said fence.
(3) An exception to the above restriction involving an encroachment up to the side or rear property line shall be allowed by administrative permit provided that a fence agreement addressing construction, maintenance, and repair responsibilities, as well as trespass rights, is established between the adjoining property owners and said agreement is filed with the County Recorder against the titles of the respective properties.
(4) The owner of the property on which a fence exists or is proposed to be constructed is responsible for verifying their property lines according to § 203.02 (Certificate of Survey Required) of this title.
(5) Fences in easements shall not impede the flow of water. If the city needs to utilize the easement, the fence will be removed and relocated at the expense of the property owner.
(C) Construction and maintenance.
(1) Every fence shall be constructed in a substantial, workmanlike manner and of substantial material reasonably suited for the purpose for which the fence is proposed to be used. Every fence shall be maintained in a condition of reasonable repair and shall not be allowed to become and remain in a condition of disrepair or danger, or constitute a nuisance, public or private. Any such fence which is, or has become dangerous to the public safety, health or welfare, is a public nuisance, and the Zoning Administrator shall commence proper proceedings for the abatement thereof.
(2) Except as otherwise permitted, security fences, wherever allowed shall be constructed in such a manner, that no barbed ends shall be at the top.
(3) Electric fences shall only be permitted in the A-1 District when related to agriculture, and on farms in other districts when related to agricultural purposes, but not as boundary fences.
(4) Barbed wire fences shall only be permitted on farms related to agriculture except as provided for by § 213.02(H)(2) (Fences and Retaining Walls) of this title.
(5) That side of any fence considered to be its “face” (i.e., the finished side having no structural supports) shall face abutting property or street right-of-way.
(D) Solid walls. Solid walls up to 8 feet in height, which are not part of buildings, may be constructed and maintained only in the buildable area of a lot only by approval of a conditional use permit.
(E) Traffic sight visibility triangle. On corner lots, no fence or screen shall be permitted within the area defined as the traffic sight visibility triangle by § 205.10 (Traffic Site Visibility Triangle) of this title.
(F) Residential fencing and screening.
(1) Open for passage. Except as provided herein, fences shall be at least 5% open for passage of air, light, and drainage.
(2) Height outside buildable area. Except as provided herein, fences outside the buildable area of a lot may not exceed 6 feet in height.
(3) Height within buildable area. Except as provided herein, fences within the buildable area of a lot or in the case of a rear lot lie at least 10 feet from the rear lot line, may not exceed 8 feet in height.
(4) Fence setbacks. All fences shall be set back 10 feet from any lot line abutting a public right-of-way, except for fences constructed within the required rear yards of a double frontage lot and a side yard of a corner lot abutting a major collector or arterial street.
(5) Required front yards and side yards of corner lots.
(a) Fences extending across front yards and side yards abutting a public right-of-way shall not exceed 42 inches in height and shall be at least 75% open space for the passage of air and light, except as provided for by § 213.02(F)(5)(b) (Fences and Retaining Walls) of this title.
(b) A fence with a height greater than 42 inches or less than 75% open space may be constructed within the required rear yards of a double frontage lot and a side yard of a corner lot abutting a major collector or arterial street, provided that:
1. The fence shall be set back 15 feet from the property line abutting a major collector or arterial street.
2. The fence along a side lot line abutting a collector or arterial street right-of-way shall not extend into a required front yard and be no closer to the front lot line than a point intersecting the front line of the principal building.
3. For interior lots, a gate constructed of the same material as the fence shall be provided in the fence to allow for maintenance of the street side boulevard.
(c) All fences located within any required yard abutting a public right-of-way shall maintain the traffic visibility requirements of § 205.10 (Traffic Site Visibility Triangle) of this title.
(6) Front yard. Fences may be erected in the front yard with a permit not to exceed 3 feet in height. No fence shall obstruct or otherwise interfere with the visibility of traffic at intersections.
(7) Side and rear yard. A fence may be erected with a permit, in the side and rear yard upon the property lines, not more than 6 feet in height. The owner erecting the fence must first provide a written consent of each adjoining property owner of each boundary fence, accompanied by a drawing showing the location of the entire fence measured from not less than 2 permanent fixed appoints on the property.
(G) Swimming pool protection.
(1) Approval by the Zoning Administrator or their designee in accordance with § 198.03 (Non-permit Approvals) of this title shall be required for swimming pools having a depth of 24 inches at any point and a surface area exceeding 150 square feet.
(2) Each application for a permit to construct or erect a swimming pool shall be accompanied by plans of sufficient detail to show:
(a) The proposed location of the pool and its relationship to the principal building on the lot.
(b) The size of the pool.
(c) Fencing and other fixtures existing and proposed on the lot, including utility location and trees.
(d) The location, size, and types of equipment to be used in connection with the pool, including, but not limited to, filter unit, pump fencing, and the pool itself.
(e) That the requirements contained in this § 213.02(G)(2) and (3) (Fences and Retaining Walls) of this title will be satisfied including submission and approval of a site plan.
(3) All swimming pools for which a permit is required and granted shall be provided with safeguards to prevent children from gaining uncontrolled access. This can be accomplished with fencing, screening, or other enclosure, or any combination thereof, of sufficient density as to be impenetrable. If fences are employed, they shall be at least 4 feet in height. The bottoms of the fences shall not be more than 4 inches from the ground nor shall any open space in the fence be more than 4 inches. Fences shall be of a noncorrosive material and shall be constructed as to be not easily climbable. All fence openings or points of entry into the pool enclosure shall be equipped with gates or doors. All gates or doors to swimming pools shall be equipped with self-closing and self-latching devices placed at a sufficient height so as to be inaccessible to all small children. The fencing requirements of this § 213.02 (G) (Fences and Retaining Walls) of this title need only be provided around the means of access on aboveground pools which have 4 feet high, vertical or outward inclined side walls. Prior to filling the pool, the approved fence and/or screen must be completely in place and inspected and approved by the City Building Official.
(4) In all residential districts, swimming pools and any attached or functionally related deck that is more than 30 inches above grade shall be set back 10 feet from all adjoining lots and, except for fences and pump enclosures, shall be located at least 10 feet away from any other building or structure on the same lot and shall not be located within a drainage or utility easement or required buffer yard. Swimming pools shall not be permitted in a front yard or in the area between the street right-of-way and the minimum required building side yard setback line.
(H) Business and industrial fencing.
(1) Except in a required front yard, business and industrial fences may be erected up to 8 feet in height. Fences in excess of 8 feet, not located in a required front yard, shall require a conditional use permit.
(2) Business and industrial fences with barbed wire security arms shall be erected a minimum of 6 feet in height (measured without the security arm). The security arm shall be angled in such a manner that it extends only over the property of the permit holder and does not endanger the public. Such security fencing shall be prohibited within a required front yard, side yard abutting a public right-of-way or when located along a property line abutting a residential use.
(I) Special purpose fences. Fences for special purposes and fences differing in construction, height, setback or length may be permitted in any district in the city by issuance of a conditional use permit approved by the City Council. Findings shall be made that the fence is necessary to protect, buffer, or improve the premises for which the fence is intended.
(J) Retaining walls. Retaining walls which have a toe within 15 feet of a street and run essentially parallel to the street may have a maximum exposed height of 5 feet at any point along the wall. An additional 2 feet in height is permitted when the wall is faced with a decorative masonry or stone, subject to approval of the City Council. A maximum of 2 successive walls are permitted, provided that they are at least 5 feet apart and have a slope between walls not to exceed 2:1 horizontal to vertical steepness.
(K) Materials. All exposed retaining walls which may be visible to surrounding properties or streets shall be constructed with stone, textured poured concrete, or textured decorative colored masonry block with colored grout where grout is used to blend with the color of the natural hillside.
(Ord. 2011-06-07A, passed 6-7-2011)