1. Location Restriction.
A. Unless otherwise provided by this ordinance or other sections of the Denison Code of Ordinances, no fence shall be built on any lot or tract outside the surveyed lot lines.
B. No fence shall be built by a private party on public land without the specific prior approval of the City. Removal of any such fence shall be at the expense of its owner.
2. Applicability. The regulations contained in this section apply to all fences with a height above grade of 30 inches and over.
3. Sight Obstruction at Street Intersections. No fence or hedge permitted or required by this section or other sections of the Denison Code of Ordinances shall be built to a height of more than two feet above the established curb grade on the part of the lot within a vision clearance zone.
4. Facing. The finished surfaces of any fence shall face toward adjacent properties and street frontage.
5. Effect on Adjacent Properties and Drainage. Fences shall be erected and maintained so as to avoid limiting or obstructing the flow of water in natural drainage courses, or drainage ways created within easements.
6. Fence Construction on Utility Easements. Any fence erected on a tract of land subject to an easement for the construction, maintenance, operations, or replacement of any water, sanitary or storm sewer, gas line, electric power, telephone, or other utility poles, or other cables or lines shall be designed and constructed to be readily removable to permit the use of the easement. Such fences shall be subject to removal by request whenever necessary to permit access. The cost of removal or replacement shall be the responsibility of the owner of the fence.
7. Residential Fences. Fences constructed within residential districts or on land used for residential purposes are subject to the following provisions.
A. Height. The maximum height of a fence shall be 72 inches. This height limit does not apply to supports, posts, or attached ornaments. The maximum height for any fence outside of a required front yard shall be six feet. The maximum height of a fence in a front yard shall be four (4) feet.
B. Setbacks. All residential fences in front yards shall be a minimum of two feet behind adjacent sidewalks.
C. Materials. Fences shall be constructed of wood, PVC / resin, stone or masonry materials, or ornamental metals only. Notwithstanding the preceding, chain-link fences shall be permitted in rear yards, side yards, and street side yards, but shall not be erected or constructed in front yards. Wood fences shall utilize standard building lumber only. Barbed wire and/or electrified fences are not permitted, and are defined as any fence that includes in its material barbs, blades, razors, electric current or other features specifically designed to injure or abrade an individual or animal who attempts to negotiate the fence. Wire mesh fences may be permitted to enclose tennis courts and game and recreation areas on public land and residential lots.
D. No fence shall be erected on a lot unless the lot owner receives a building permit to erect the fence. Prior to the issuance of a building permit to erect the fence, the applicant shall pay to the City Clerk a fee in the amount provided by the Denison Schedule of Civil Penalties and Fees in the Appendix of this Code of Ordinances. No building permit shall be issued unless the application satisfies, in addition to all other requirements of the city code, one of the following requirements:
(1) Contains the written consent of the lot owners owning property adjacent to the area where the applicant proposes to erect the fence; or,
(2) Attaches a copy of a land survey conducted by a certified land surveyor which surveys the area where the applicant proposes to erect the fence.
(Ord. 1495 - May 19 Supp.)
8. Civic, Office, Commercial, and Industrial Fences. Fences constructed in commercial and industrial districts are subject to the following special provisions:
A. The maximum height of a fence for any permitted use in any non-residential zoning district shall be eight feet.
B. Civic Uses in Residential Districts. The maximum height of fences installed as part of primary and secondary educational facilities, day care, and park and recreation use types, or any other use that provides secured outdoor space for the use of children within residential zoning districts shall be eight feet.
C. The Board of Adjustments may approve greater fence heights on a case-by-case basis if it concludes that such permission furthers the health, safety, and welfare of the residents of the City.
D. Barbed wire shall not be used in the construction of any fence outside of the I-2 General Industrial Zoning District. Barbed wire may be used in the construction of fencing in an industrial district provided that the bottom strand of the barbed wire shall be at least six feet above ground level. Electrified fences are not permitted within the jurisdiction of the City.