A. As used in this section, the following words and phrases shall have the meanings herein ascribed to them:
ERECT: | To build, construct, attach, hang, place, or affix a fence. |
FENCE: | Every fence that is permanently attached to the ground, including, but not limited to, chain link fences, wooden fences, composite or treated material fences and mason fences. |
FENCE CONTRACTOR: | Any person engaged in the business of constructing, installing, erecting, repairing, altering or servicing fences. |
B. Fence permit requirements and regulations are as follows:
1. It shall be unlawful for any person to construct, erect, install, or locate any fence within the city prior to completion of an application for a fence permit. Such application is available at city hall and shall contain or have attached the following information:
a. The name and address of the applicant.
b. The location of the lot upon which the fence is to be constructed or installed.
c. The name of the person erecting the fence.
d. A plot plan showing all easements, buildings and the fence location on the property.
e. Such other information as required to show full compliance with this section and all other ordinances of the city.
2. No fence permit shall be issued unless the applicant is a fence contractor duly licensed and bonded under the provision of this section; provided, however, that a permit may be issued to an individual property owner, not so licensed and bonded, for the erection of a fence on his own premises for his own private use.
3. The fee for a permit under this section shall be set by city council. The fee shall be paid to the city clerk prior to issuance of the permit.
4. It shall be the duty of the building inspector or a city official to issue a permit applied for under this section, if he or she finds the application in order and in compliance with all provisions of this section and other ordinances, and if the fee prescribed by this division has been paid.
5. The building inspector shall inspect, at such times as he or she deems necessary, each fence regulated by this section.
6. The building inspector may revoke any permit issued that fails to comply with any provision of this section or other applicable city ordinance. Upon such revocation, all work authorized by the permit shall cease.
7. No person shall continue with the construction of a fence after being served with a stop work order by the building inspector of the city or his designee except such work as that person to remove a violation or unsafe condition.
8. If the work authorized by a permit issued under this section is not completed within six (6) months after the date of issuance, the permit shall expire and become null and void.
9. No person shall erect any fence of any size, kind or type on or across any property or easement belonging to the city, except as noted in subsection D1 of this section.
10. Any person, firm, or corporation or other legal entity which shall violate any of the provisions of this section or fails to comply therewith, or with any of the requirements thereof, shall be deemed guilty of an offense punishable as provided in section 1-108 of this code.
11. Fencing requirements in nonresidential districts must comply with all regulations specified and applicable to that district. All A-1 parcels in excess of five (5) acres are exempt from the requirements of this section. Conditional uses or variance request shall follow the procedure outline in section 12-207 of this part.
C. Fence contractor’s license requirements are as follows:
1. No person shall engage in the business of installing, repairing or altering fences within the city, unless he has a current fence contractor’s license issued in accord with this section. Employees of a duly licensed fence contractor shall not be required to obtain such license in order to engage in the work of installing, constructing, erecting, repairing or servicing fences in the regular course of such employment.
2. No fence contractor’s license shall be issued or renewed until the applicant therefor shall have deposited with the city clerk a surety bond in the sum of one thousand dollars ($1,000.00), to be known as the fence contractor’s bond. Such bond shall be executed by the fence contractor, and the surety thereon shall be a corporate surety company authorized to do business in this state. The bond shall be payable to the city and, as a condition, shall state that the fence contractor shall faithfully and properly conduct his business in compliance with all the ordinances of the city relating to fences and fence contractors, shall pay all fines and penalties imposed for the violation of such ordinances, and shall protect and indemnify the city against all damages resulting directly or indirectly from any injury of persons or property on account of the negligence or unskilled work of the fence contractor or his employees. No person shall engage in the business of fence contracting unless a bond, as provided in this section, is on file with the city clerk and in full force.
3. The fee for a fence contractor’s license shall be set by the city council and shall be paid prior to issuance of the license by the city clerk.
4. An applicant for a license under this ordinance, upon the filing of the bond and payment of the fee prescribed by this ordinance, shall receive a contractor’s license.
5. It shall be unlawful for any person holding a fence contractor’s license to transfer same or allow the use of same, directly or indirectly, by any other person for the purpose of obtaining a permit to do fence work under this section.
6. A license issued under this division shall expire on June 30 following the date of issuance. Any person who holds a license in his name may renew the license, upon payment of the fee prescribed earlier in this section, within thirty (30) days after the expiration thereon.
D. Fence placement and design issues are as follows:
1. Right Of Way: No fence, wall or screening shall be permitted in the street right of way.
2. General District Regulations: Fences, walls or hedges in agricultural, suburban, medium and high density residential, commercial and industrial districts may be erected, subject to necessary sight triangle requirements, as follows:
a. Yard Or Setback Areas: May be erected in any required yard or along all property lines.
b. Height: Except as provided in this section, no fence shall exceed seven feet (7') in height.
c. Prohibited Materials: See subsection E of this section.
3. Single-Family And Low Density Residential Regulations: Fences, walls or hedges may be erected in R-1A, R-1B and R-2A residential districts subject to the following:
a. Yard Or Setback Areas: May be erected in any required yard, or along all property lines, subject to height and material standards below.
b. Height: No fence shall exceed seven feet (7') in height, provided that single-family residences in these districts shall have the following front yard restriction: A front yard fence, or any part of a side yard fence located in front of the front facade of the main dwelling, shall not exceed forty two inches (42") in height. The setback of the dwelling facade immediately adjacent to each side yard shall determine the application of this standard.
c. Permitted And Restricted Materials: Fences permitted in the front yard of single-family residences shall be of a see through construction, such as pickets, rays, or wrought iron. Barbed wire, chainlink, stockade, or opaque fences shall not be permitted.
d. Standards For Other Permitted Uses: Permitted uses in these districts that are not one- or two-family residential shall be subject to the general district regulations in subsection D2b of this section.
4. Property Owner To Maintain: All fences shall be maintained by the property owner to ensure continuation as an effective barrier for visibility, noise, and blowing debris.
5. Height In Required Setbacks: Except as provided in this section, fences in required setbacks shall not exceed seven feet (7') in height.
6. Compatible Materials And Design: All materials utilized in the construction of fences shall be compatible with materials used in the immediate and surrounding neighborhood or district. Additionally, the design of all fences shall not disrupt or degrade the value or character of any property within such neighborhood or district within the city.
7. Homeowners’ Associations: This section shall not be interpreted as in any way interfering with the rights of adjacent landowners, homeowners’ associations, or other private parties from enforcing restrictive covenants, or other rights they may have which may be involved in such situations.
E. Safety issues and other concerns are as follows:
1. All fences constructed within the city shall be designed and constructed in a manner as to pose no threat to the safety or welfare of any citizen. No portion of any fence shall impede or restrict vehicular movement or sightlines from such vehicle or vehicles. (See subsection 12-424E of this article and “Horizontal Sight Distances” diagram 1 .)
2. All chainlink fence installations shall be required to have top railing installed for support purposes and all projecting barbs shall be positioned in a manner as to pose no threat of bodily harm;
3. No electrified fence or wall containing broken glass, barbed wire or other substances reasonably calculated to do bodily harm, shall be permitted, except as hereinafter provided:
a. A barbed wire fence shall be permitted in any zoning district for the purpose of restraining such livestock as may be legally located on the premises under this code. The barbed wire fences shall be removed immediately upon discontinuance of keeping of livestock on the premises. Commercial businesses, for security reasons, may have barbed wire at the top of fencing if they do not abut a residential district.
b. The city and public utilities operating under a franchise with the city shall be permitted to install security fences containing barbed wire in any area owned or controlled by the city or public utility where such protection is deemed necessary for the protection of persons or property.
c. Low voltage electric fences shall be permissible within the city provided that a secured, nonelectric fence is installed external to the outer boundaries of the electrified fence.
F. Conditional uses and variances for fence construction are as follows:
1. In considering approval or denial of a proposed fence as a conditional use, the following standards shall be used:
a. The amount of street frontage of the property for which the conditional use is requested.
b. The location of uses and types of uses on surrounding properties.
c. The effect of the proposed fence on traffic movement and safety.
d. The effect of the proposed fence on the surrounding properties’ right to open space, visibility, light and air.
e. The effect of the proposed fence on the city’s ability to provide police and fire protection in the area.
f. The extent to which the surrounding properties have been developed and the impact of the proposed fence on future development of surrounding property.
g. The effect of the proposed fence on the market value of surrounding property.
2. The planning commission has the authority to grant variances for fence construction standards when the literal enforcement of such standards results in an unnecessary hardship upon an individual or property owner. This procedure is described in detail in section 12-125 of this part.
3. Any person, firm or corporation seeking such conditional use shall make application to the planning commission as outlined in section 12-207 of this part. (Ord. 1994-22, 9-15-1994; amd. Ord. 1996-14, 11-21-1996; Ord. 2006-13, 12-7-2006; Ord. 2021-22, 12-6-2021)
Notes
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