(A) Permit required. No persons, firm, or corporation, except permitted agriculture uses, shall hereafter construct, or cause to be constructed or erected within the city any fence or wall without first making an application for and securing a building permit. Temporary fences and barricades around temporary events, construction sites or the like shall require a temporary use permit.
(B) Locations. All fences shall be located entirely upon the private property of the persons, firms, or corporation constructing, or causing the construction, of the fence unless the owner of the property adjoining agrees, in writing, that the fence may be erected on the division line of the respective properties.
(C) Construction, maintenance, and height measurement.
(1) Every fence or wall shall be constructed in a substantial, workmanlike manner and of substantial material reasonably suited for the purpose for which the fence or wall is proposed to be used. Every fence or wall shall be maintained in a condition of reasonable repair and shall not be allowed to become and remain in a condition of disrepair, damage, or unsightliness, or constitute a nuisance, public or private. Any such fence or wall which is, or has become, dangerous to the public safety, health, or welfare, shall be subject to the penalties and enforcement provisions of this code.
(2) Chain link or wire fences, wherever permitted, shall be constructed in such a manner that no barbed ends shall be at the top, except in the Employment/Industry Zone and shall be constructed of at least 11-gauge wire or its comparable.
(3) Electrical, barbed wire, concertina wire or similar security wire fences shall be prohibited, except in the Employment/Industry Zone and public/private utility or government facilities with approval by the Zoning Administrator based on security needs. Security wire fences may not be installed adjacent to any residential or commercial uses, or along arterial or collector streets unless located outside of required setbacks or buffers.
(4) Measuring fence and wall height. The height of any fence shall be calculated to the uppermost points as follows.
(a) In required yards abutting a street, the height of the fence shall be the total effective height measured from the finished grade on the side nearest the street but allowing up to two feet of additional height for retaining walls.
(b) In other required yards, the height of the fence shall be the total effective height above the finished grade measured on the side nearest the abutting property.
(c) On property lines, the height may be measured from the finished grade of either side when the abutting property owners are in joint agreements, with the agreement submitted in writing.
(D) Residential fences and walls.
(1) For all uses within the residential use category, no fence or wall shall be erected or maintained more than six feet in height and also:
(a) No chain link or wire fence shall be allowed within the front yard setbacks; except in RA Rural Area Zone;
(b) No fence or wall over four feet in height shall be allowed in any residential front yard setback, except in the RA Rural Area Zone, open fences (chain link, wrought iron, pole fences, wooden rail, and the like) may exceed four feet in front yard setbacks;
(c) On corner lots in all zoning districts, no fence or planting in excess of 30 inches above the street center line grade shall be permitted within a triangular area defined as follows: beginning at the intersection of the projected curbing lines of two intersecting streets, thence 40 feet along one back of curb line, thence diagonally to a point 40 feet from the point of beginning on the other curb lines, then to the point of beginning, and at the intersection of each driveway or alley with a street, a clear site triangle as defined by the City Engineer where corners are defined by two points on the right-of-way line, 15 feet on each side of the centerline of the driveway or alley and a point on the centerline ten feet outside right-of-way;
(d) In those instances where a fence is erected as an enclosure which restricts access from the front to the rear yard, a gate, identifiable collapsible section of fence, or other such means of recognizable ingress shall be installed, shall remain unobstructed and shall be a minimum of three feet in width. The location of the ingress points shall be positioned at any point paralleling the front lot line between the side lot property line and the principal structure;
(e) On a corner lot contiguous to a key lot, fences and walls cannot exceed three feet in height on the rear lot line extending ten feet from the back of curb or paved street edge. They also cannot exceed three feet in height on the lot line along the street, extending ten feet from the rear lot line; and
(f) Notwithstanding the provisions set forth above, architectural embellishments such as figurines, capstones, or light fixtures may project up to two feet above the maximum height of any residential fence.
(E) Business and industrial fences and walls. Fences and walls for all uses in public/quasi-public, commercial/business, and industrial use categories shall not exceed ten feet in height.
(F) Special purpose fences. Fences or walls for special purposes and fences or walls differing in construction, height, or length may be permitted in any district by issuance of conditional use permit approved by the Planning and Zoning Commission. Findings shall be made that the fence or wall is necessary to protect, buffer, or improve the premises for which the fence or wall is intended and will not detrimentally effect adjacent property.
(G) Finished side toward adjacent property. Any wall constructed so as to have only one elevation FINISHED, which shall be defined as not having its supporting members significantly visible, shall be erected such that the finished elevation of the wall is exposed to the adjacent property or right of way.
(H) Outdoor storage area.
(1) All utility substations, wells, storage facilities, or other utilities shall be screened from view by a wall or landscape screen.
(2) All outdoor storage for commercial operations shall be conducted within an area completely enclosed and screened from view, except for access points, by a wall at least six feet in height.
(Res. R22-05-08, passed 5-3-2022; Ord. O22-05-02, passed 5-3-2022)