SECTION 315   FENCES.
Fences are permitted subject to the following regulations:
   a.   Permits: The erection, construction, or of any , privacy screening, or other that acts as a barrier require a Zoning Compliance Permit. The Permit must be approved before the is , constructed or altered. The erection, construction, or of any shall conform with the remaining provisions of Section 315.
(Amended by Ordinance 2102-01, passed 2-10-2021)
   b.   Location in front yards: Except as otherwise provided in this Section, Fences of an ornamental nature be located in a of any up to a height of twenty-four (24) inches, provided adequate sight distance is provided for corner lots as described in Section 330.
   c.   Location in other yards: Fences between two properties should be located on the line. The Applicant submit a signed statement, from all adjoining owners on whose line the would be constructed, indicating that they do not object to the erection of the . If it becomes impossible to obtain the written statement from the adjoining owners, then the   be located at least six (6) inches inside the line and the   is responsible for maintaining the between the and the line. On all lots of record, fences which enclose and/or are within a required side or shall not exceed six (6) feet in height, and shall not extend toward the front of the lot nearer the front of the house or the required , whichever is greater.
   d.   Prohibitions: The following shall be prohibited:
      1.   Fences in rights-of-way.
      2.   Gates or fences across a residential driveway.
   e.   Measuring fence height: Fence height be measured from the (elevation) of the ground immediately below the location of the . The immediately below the location of the   not be modified in order to achieve an increase in height in excess of ten (10) percent above that obtainable prior to the modification. For purposes of this section, the associated with placement of a shall be defined as:
      1.   Fence on site containing no building or -the   be naturally existing without modification.
      2.   Fence on site containing or -the   be the finished existing at the site after construction of the or . For construction purposes, said shall be subject to approval by the .
   f.   Location/height in industrial districts: Fences in I-1 or I-2 Districts with a maximum height of six (6) feet be located in any yard provided such fences be located on parcels with a containing an approved industrial , the is maintained in good condition and does not constitute an unreasonable hazard or nuisance.
The   allow gates across an industrial driveway, provided the following conditions are met:
Such gates have a maximum height of six (6) feet.
Sufficient stacking space shall be provided such that vehicles accessing the will not overhang into the roadway or a . The City require a dedicated turn-around area outside of the , if deemed necessary to prevent traffic conflicts.
Emergency access through the gate be provided to the City’s satisfaction.
Such gates be located on parcels with a containing an approved industrial , be maintained in good condition and not constitute an unreasonable hazard or nuisance.
The   enter into an indemnification agreement with the City. The agreement shall be prepared by the City Attorney for the purpose of holding the City harmless for any damage caused to the gate by emergency vehicles or for delays in responding to an emergency. The agreement shall also stipulate that the is responsible for any damage caused to emergency vehicles by the gate.
   g.   Wood fence standards: Wooden fences be a maximum of six (6) feet in height measured from the surrounding at every point along the line. Wood fences having one finished side shall have the exposed posts facing inward with the finished side of the facing outward unless otherwise approved by the . There shall not be more than two (2) inches separating the bottom of the face board and the surface of the ground.
   h.   Chain link standards: No chain link or wire   hereafter be in any required rear or area on any in excess of six (6) feet in height measured from the surrounding at every point along the line. Welded wire fences are strictly prohibited unless utilized in conjunction with an approved fencing operation.
   i.   Public fences: Fences which enclose public parks, public institutions, playgrounds or other public areas, be a maximum eight (8) feet in height, measured from the surrounding at every point along the line. Such   not obstruct vision to an extent greater than twenty-five (25%) percent of the total area.
   j.   Materials: Ornamental fences are of approved materials, of a design as to be non-sight obscuring and of a type listed below:
      a.   Post and rail
      b.   Split rail
      c.   Picket
      d.   Wrought iron
      e.   Other types of ornamental fences must be approved by the prior to placement in a area.
   k.   Restrictions on electrification: Fences shall not contain electric current or charge of electricity.
   l.   Restriction on barbed wire, etc.: Barbed wire, spikes, nails or any other sharp instruments of any kind are prohibited on top of or on the sides of any .
   m.   Maintenance: All fences be maintained in a good condition, in an upright position and shall not constitute an unreasonable hazard. Any which is not maintained, as determined by the , shall be removed or replaced (any required shall be replaced).
   n.   Fence placed on retaining wall, , or similar feature: A , or portion thereof, be on a retaining wall, , or similar feature provided the combined height of the retaining wall, , or such feature and shall not exceed the total allowable height as referenced under e. above, or as noted in the following paragraph.
   The   allow placement of a retaining wall and , which, when combined, exceed the total allowable height as referenced above. Said approval may occur when the determines that additional height is necessary to permit the placement of a retaining wall of sufficient height to stabilize a natural bank against which the retaining wall will be positioned. In granting said approval, the   determine that the additional height is needed for said stabilization, as opposed to erecting an extended base for purposes of gaining height. The combined height of the and any portion of the retaining wall above the finished of the principal shall not exceed the maximum height standards.
   o.   Fence placed on properties with significant grade change: Where the finished at the line is two (2) or more feet above or below the finished line of the abutting lot or building the   allow the to be increased in height up to a maximum of nine (9) feet to ensure the intended screening and security benefits are provided in a manner similar to a six (6) foot located on a without significant topographic differences. The   require or specific materials to mitigate the aesthetic impacts of a taller .
(Amended 2005; amended Ordinance 1411-01, passed 12-10-2014; amended Ordinance 2102-01, passed 2-10-2021)