Fences and retaining walls shall be permitted in all required yards subject to the following conditions:
(1) Permit required. It is unlawful for any person to construct a fence or retaining wall without first making an application for and securing a permit.
(2) Certificate of survey. An application for a fence or retaining wall permit shall be accompanied by a current certificate of survey providing exact lot dimensions; the location of existing buildings, structures, and easements on the lot; and the location of the proposed fence or retaining wall. At the discretion of the city, a final plat detail or aerial map of the lot with the required information shown may suffice if no certificate of survey is available. Applicant shall be required to physically identify the property corners for city inspection.
(3) Location. All fences or retaining walls shall be located on the property being fenced or walled.
(a) No fence or retaining wall shall be located on public right-of-way.
(b) Traffic visibility requirements set forth in City Code Section 1007.042(5)(a)3. shall be satisfactorily met.
(c) No fence or retaining wall shall obstruct drainage.
(d) Fences or retaining walls may, by permit, be located within public easements if the following conditions are met:
1 The fence or retaining wall shall not be located within the 100-year high water level of a waterbody or watercourse, and
2. The drainage shall not be adversely affected by the fence or retaining wall, and
3. The fence or retaining wall shall not interfere in any way with any existing underground or over ground utility.
4. The city or any utility company having authority to use such public easements, shall not be liable for repair or replacement of such fence, retaining wall or appurtenance in the event they are moved, damaged, or destroyed by virtue of the lawful use of said easement.
(4) Construction and maintenance.
(a) Every fence or retaining wall shall be constructed in a professional and substantial manner and of substantial material reasonably suitable for the purpose for which the fence or retaining wall is proposed to be used. The materials and design shall also be compatible with other structures in the area in which the fence or retaining wall is located and shall not cause blight or a negative impact. Chain link fences shall not include slats or fabric except for use on public recreational facilities or private sport courts.
(b) Every fence or retaining wall shall be maintained in a condition of reasonable repair and shall not be allowed to become and remain in a condition of disrepair or danger, or constitute a nuisance, public or private. Any such fence or retaining wall which is or has become dangerous to the public safety, health, or welfare is a public nuisance, and the cty shall commence proper proceedings for the abatement thereof.
(c) All posts or similar supporting instruments used in the construction of fences shall be faced inward toward the property being fenced. That side of the fence or retaining wall considered to be the face shall be oriented toward abutting property.
(d) Fences which are 90% open (barb wire, chain link, woven wire, and other similar type fences) which are for the sole purpose of agriculture or containing farm animals within a rural zoning district are not subject to the provisions of this chapter but require a zoning permit prior to construction. Chain link fences shall have round steel parts and braces.
(e) Retaining walls (such as masonry construction) greater than 48 inches in height, including buried portions, shall require a building permit. When utilized, tiered retaining walls shall be separated by a horizontal landing at least three feet in width.
(5) Access. All fences shall have a gate which allows reasonable and convenient access for public safety.
(6) Rural and residential district fences.
(a) A fence not exceeding four feet in height may be located in any yard.
(b) Except as prohibited by division (c) below, a fence not exceeding six feet in height may be located from a line extended from the front wall of the principal building to the side lot lines, and then along the side lot lines and the rear lot line (see Diagram 1).
Diagram 1
(c) Should the rear lot line of a lot be common with the side lot line of an abutting lot, that portion of the rear or side lot equal to the required front lot line setback of the abutting lot shall not be fenced or walled to a height of more than four feet. For the purpose of this section, the front and side yards of the abutting lot shall be as defined in this chapter rather than as related to the orientation of the house (see Diagram 2).
Diagram 2
(d) Rural and residential fences height exceptions.
1. A fence for a sport court not exceeding 12 feet in height may be located at least ten feet from side and rear lot lines.
2. Residential and rural boundary line fences not exceeding eight feet in height may be located along a lot line abutting a commercial, industrial, or semi-public use or zoning district.
(e) Wire fence other than chain link shall not be permitted as boundary line fences within five feet of the lot line in residential zoning districts.
(f) Electrical and barb wire fences shall not be permitted in residential zoning districts.
(7) Business and Industrial District Fences. (See Diagram 3)
Diagram 3
ADD IMAGE
(a) A fence not exceeding four feet in height may be located in any yard.
(b) A fence not exceeding eight feet in height may be located parallel to the front lot line from a front corner of a principal building to a side lot line that is not adjacent to a street.
(c) A fence not exceeding ten feet in height may be located on a rear lot line or on a side lot line that is not adjacent to a street from a point where the front wall of a principal building would intersect with a side lot line extending to the rear lot line.
(d) Should the rear lot line be common with the side lot line of an abutting lot, that portion of the rear lot line equal to the required front lot line setback of the abutting lot shall not be fenced to a height of more than four feet.
(e) Within commercial and industrial zoning districts, barbed wire may be attached to the tops of fences subject to the following conditions:
1. Fences shall be a minimum of eight feet in height exclusive of the security arm.
2. The security arm shall be angled in such a manner that it extends only over the property of the permit holder.
3. Wire security fencing shall not be located within the front yard or along a lot line abutting a residential use.
(8) Public and semi-public district fences.
(a) A fence not exceeding eight feet in height may be located in any yard.
(b) Barbed wire fences used for security purposes may be permitted per division (7)(e) above.