A. Location: All fences shall be located entirely within the private property of the person, firm or corporation constructing or causing the construction of such fence.
B. Construction And Maintenance: Every fence shall be constructed in a substantial workmanlike manner and of substantial material reasonably suitable 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 or 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 official is hereby authorized to commence proper proceedings for the abatement thereof.
C. Restrictions: Barbed wire or electric fences shall not be permitted, used or constructed in any districts except as provided for below:
1. Electric fences shall only be permitted in the TZ district when related to farming, and hobby farms, and on farms in other districts when related to farming, and must be located a minimum of five feet (5') from a property line.
2. Barbed wire fences are not permitted in any districts within the city except as permitted in subsection E of this section.
3. Barbed wire fences are permitted at the Hawley rodeo facility.
4. Fences which are primarily erected as a security measure may have arms projecting into or out of the applicant's property on which barbed wire can be fastened commencing at a point at least seven feet (7') aboveground and it does not extend past property lines.
D. Residential District Fences: All residential fences shall be placed within the property being fenced and conform to the following:
1. Fences in excess of six feet (6') in height will require a conditional use permit.
2. Fences in required front yards shall not exceed thirty six inches (36") in height.
3. The screening provisions for residential districts shall supersede, where applicable, the provisions of this section.
4. All posts or similar supporting instruments used in the construction of fences, shall be faced inward towards the property being fenced.
5. All fences shall not obstruct natural drainage.
E. Business And Industrial District Fences:
1. Business and industrial fences may be erected up to eight feet (8') in height. Fences in excess of eight feet (8') shall require a conditional use permit.
2. Fences which are primarily erected as a security measure may have arms projecting away from or toward the applicant's property on which barbed wire can be fastened commencing at a point at least seven feet (7') above the ground and not to extend over the applicant's property line.
3. The screening provisions for business and industrial districts shall supersede, where applicable, the provisions of this section.
F. Special Purpose Fences: Fences for special purposes and fences differing in construction, height, or length may be permitted by the zoning official in any district in the city provided that the reasons submitted by the applicant demonstrate the purpose is necessary to protect, buffer or improve the premises for which such fence is intended. The zoning official may stipulate the height, location, construction and type of special fence thereby permitted.
G. Required Fencing And Screening:
1. Fencing And Screening – Business/Industrial, Multi-Family: Where any business, industrial use or multi-family building of five (5) or more units (i.e., structure, parking or storage) abuts property zoned for residential use, that business, industry or multi-family building shall provide screening along the boundary line of the residential property. Screening shall also be provided where a business, industry or multi-family building of five (5) or more units is across the street from a residential zone, but not on that side of a business, industry or multi- family building considered to be the front yard. Provided, however, that the provisions of this section will not apply where a multi-family building abuts property also zoned for multi- family use. All fencing and screening specifically required by this title shall be subject to section H of this section and shall consist of either a fence or a greenbelt planting strip as provided for below:
a. A greenbelt planting strip shall consist of evergreen trees and/or deciduous trees and plants and shall be sufficient width and density to provide an effective visual screen. This planting strip shall be designed to provide substantial visual screening to a minimum height of six feet (6'). Earth mounding or berms may be used but shall not be used to achieve more than three feet (3') of the required screen. The planting plan and type of plantings shall require approval of the city.
b. A required screening fence shall be constructed of masonry, brick, wood or metal. Such fence shall provide a solid screening effect five feet (5') in height for multi-family uses and at least five feet (5') for business and industrial uses. The design and materials used in constructing a required screening fence shall be subject to the approval of the city. Fences in excess of eight feet (8') in height shall require a conditional use permit.
H. Traffic Visibility:
1. Visibility At Intersections In Residential Districts: On a corner lot, nothing shall be erected, placed, planted or allowed to grow in such a manner as to impede vision between a height of two feet (2') and eight feet (8') and within thirty feet (30') from the intersecting curb lines, or within twenty feet (20') from the intersecting property lines if there is no curb.
2. Fences, Walls, And Hedges: No fence, wall or hedge shall be erected, placed, planted or allowed to grow in such a manner as to impede vision between a height of two feet (2') and eight feet (8') where it will interfere with traffic or pedestrian visibility from a driveway or alley to a public way. In required front yards, fences, walls, hedges or structures shall be at least seventy five percent (75%) open space for passage of air and light. No fence exceeding twenty four inches (24") in height may be erected within ten feet (10') of a driveway in a required side yard abutting a street corner lot unless such fence is at least seventy five percent (75%) open.
I. Parking Lots And Driveways Abutting Residential Districts: Whenever a parking lot or a driveway to a parking lot is established in other than a residential district so as to abut the side or rear line of a lot in a residential district, a sight obscuring fence of at least five feet (5') in height shall be constructed and maintained along said side or rear lot line. (Ord. 230, 5-6-2002)