Fences and walls shall be exempt from setback and yard requirements; provided, they comply with the following standards. (See Appendix Illustration A-1.)
(A) Fences and walls in residential districts. Unless otherwise specified within this ordinance and in accordance with § 3.15, the following restrictions shall apply to all fences and walls located within any residential district, except for fences and walls surrounding public utility structures or radio, television or microwave transmission or relay towers.
(1) No fence or wall located in the required front setback shall be built to a height greater than five feet above grade.
(2) No fence or wall located in the required side yard between the required front setback and established rear yard shall be built to a height greater than six feet above grade.
(3) No fence or wall located in the established rear yard shall be greater in height than eight feet above grade.
(4) Any fence or wall serving as a retaining wall shall be solid cement, masonry or wood and constructed to the standards of the State Building Code. Retaining walls shall be exempt from the maximum height limits.
(5) The capital of a fence post or column may extend up to two feet above the maximum height limit.
(6) No fence or wall shall be constructed within a storm drainage easement which will block or materially impede the flow of storm water runoff.
(7) All fences or walls constructed prior to the adoption date of this section shall be allowed to remain subject, however, to the non-conforming provisions of Ch. 11 of this Zoning Code.
(8) All construction of fencing will require that a permit be obtained prior to construction.
(B) Fences and walls in other districts.
(1) No fence or wall shall be greater in height than eight feet above grade.
(2) Any fence or wall serving as a retaining wall shall be solid cement, masonry or wood and constructed to the standards of the State Building Code. Retaining walls shall be exempt from the maximum height limits.
(3) The capital of a fence post or column may extend up to two feet above the maximum height limit.
(4) No fence or wall shall be constructed within a storm drainage easement which will block or materially impede the flow of storm water runoff.
(5) All fences or walls constructed prior to the adoption date of this section shall be allowed to remain, subject however, to the non-conforming provisions of Ch. 11 of this Zoning Code.
(6) All construction of fencing will require that a permit be obtained prior to construction.
(C) Fence and retaining wall maintenance standard requirements.
(1) Fences and retaining walls shall be maintained in a manner to prevent collapse, rust, corrosion and deterioration, not to become a nuisance, and not to be dilapidated, deteriorated or a danger to adjoining property owners or the public.
(2) Every fence and retaining wall installed shall be maintained in such a way that it will remain upright and in good repair. This includes the prevention of grass, trees or other vegetation from growing to a length that will affect the structural integrity of the fence or retaining wall.
(3) Any deteriorated, damaged or decayed fencing or retaining wall shall be repaired or removed within 15 days of a written notice by the city to correct that condition.
(4) All fences and walls constructed prior to the adoption date of this section must follow these new standards. This includes non-conforming provisions of Ch. 11 of this Zoning Code.
(Ord. passed 5-13-1996; Ord. passed 1-8-2024)