Fences and walls that are located within yards shall comply with the standards of this section and shall require a permit prior to construction.
(A) Residential Zone. In Residential Zones in the city:
(1) No solid fence shall be higher than six feet above the natural ground level at any place; provided, however, that, woven wire fences eight feet in height are allowed; and
(2) Arches and arbors over a gate may be up to eight feet above the natural ground level.
(B) Commercial and Industrial Zones. In Commercial and Industrial Zones in the city:
(1) Properties abutting a Residential Zone shall comply with their specific zone;
(2) Any fence abutting alleys must comply with their specific zone; and
(3) Maximum fencing of eight feet in height is allowed. Barbed wire may be allowed between six and eight feet in height, with each strand spaced equally apart and not more than three strands.
(C) All zones throughout the city.
(1) No fence or vegetation shall materially obstruct or impair visibility at intersections of public roads, private roads and/or alleys.
(2) Electric fences are prohibited, except electric fences which are located at two feet distance inside an existing woven wire or solid fence.
(3) No fences shall be located on or within any public right-of-way. Any pre-existing fence located on or within a public right-of-way is grand-fathered in as of this date. Any fence after this date shall be removed by and at the sole cost and expense of the owner of the property benefitted by the fence, within 30 days as requested by the city.
(4) No fence shall materially impair access to the city’s or any public utilities’ infrastructure within a public right-of-way.
(5) If a fence has one surface which is finished and another which is unfinished, the supporting system and unfinished surface shall face the interior of the lot or parcel of the person erecting the fence.
(D) Building requirements. As applicable, the construction, repair and replacement of fences shall comply with the Uniform Building Code as administered by the state’s Building Codes Department.
(E) Effective date.
(1) All fences constructed before the effective date of this section with the exception of unsightly or hazardous fences shall be deemed to be in compliance with this chapter. After the effective date of this section, all further fence construction and replacement shall comply with this section.
(2) The effective date of this section was 4-7-2006.
(F) Self help remedy. If any person violates this section, without limiting the other rights and remedies of the city or any affected person, the city may give the person notice of the violation and, if the violation is not cured within 30 days after the date such notice is given, a court hearing will take place, with the sole cost and expenses being that of the property owner.
(Ord. 2009-01, passed - -2009)