No person shall construct, erect, install, place, or replace any fence in the City not in compliance with the terms and conditions of this title and the International Residential Code. Fences lawfully existing or permitted prior to the effective date hereof (March 6, 2018), shall not be enlarged, extended or replaced, except in strict compliance with all the requirements of this title.
A. Residential Zoning Districts:
1. Permitting:
a. Fence Permit: A fence six feet (6') in height or less shall be required to obtain a land use permit to ensure the placement and materials are in conformance with applicable codes.
b. Existing Fences: For existing fences a building permit is not required for painting, maintenance or repair. The property owner shall be responsible for the following:
(1) Installing the fence within the boundaries of the owner's property and in compliance with this section, including proper materials, height, setback and clear view areas; and
(2) Complying with any subdivision covenants or restrictions, deed restrictions and utility easement restrictions.
c. Fences Requiring A Building Permit: A fence greater than six feet (6') in height requires a building permit which shall be obtained prior to construction, erection, installation, or placement. A building permit shall be valid only for the term of issuance, unless suspended or revoked.
d. Permit Application: For any fence which requires a building permit, the following shall be filed with the City:
(1) A completed City building permit application form;
(2) A drawing, site plan or plat map displaying property boundaries, the location of the buildings and structures on the property, the proposed location of the fence, height of the fence, fencing materials and its distance from existing structures on the property;
(3) Engineering calculations including wind and snow loads;
(4) The written consent of the property owner(s) where the fence will be installed; and
(5) Any other information required by the City to assist in the review of the application.
e. Permit Fee: A permit fee shall be remitted upon issuance of the building permit, the amount of which shall be established by the City building official in accordance with the adopted City fee schedule.
f. Application Review And Permit Issuance: The Community Development Department shall review, approve and issue the building permit provided that the application is in compliance with this Code.
g. Completion Of Installation: A fence authorized by a building permit shall be fully installed in accordance with this title within one hundred eighty (180) days of the date of permit issuance.
(1) A permit shall expire one hundred eighty (180) days after the date of issuance, after which no work requiring such a permit shall be commenced, resumed or undertaken until an extension is granted or a new permit is issued.
(2) The applicant may file a written request for an extension of the building permit prior to expiration, stating the reason for the request. If good cause is shown, an additional one hundred eighty (180) days may be granted by the Community Development Director to complete the fence installation.
2. General Requirements:
a. Obstruction Of Ingress/Egress Area Of A Dwelling: A wall or fence may not be installed in any yard that will shield any window or opening in a habitable space of a dwelling. A minimum distance of three feet (3') shall be maintained between any fence and any such window or opening in a dwelling.
b. Height Measurement: Fence height shall be measured from the finished grade to the highest point of the fence. "Finished grade" means the average finished grade of the property nearest the fence.
(1) Berms or other means to raise the elevation of the ground upon which a fence is proposed to be located shall be included in the measurement of fence height.
(2) Fence height determinations shall be made by the Community and Economic Development Director, or designee.
c. Grade Differential: If a grade differential exists along a property line separating two (2) lots as a result of a retaining wall or topographic feature, a fence, hedge, wall or other permitted screening device may be erected to the maximum height permitted on either side of the property line.
d. Vacant Lots: Fencing standards shall apply to a vacant or undeveloped lot in the same manner as a developed lot.
e. Front Yard Regulations: Fences installed in a front yard shall comply with all of the following requirements:
(1) A fence seventy five percent (75%) or more open is allowed up to four feet (4') in height within the front yard setback. The front yard setback is that area including side yards, between the front yard setback line and the front property line;
(2) A fence which is not seventy five percent (75%) or more open is allowed up to three feet (3') in height;
(3) No person shall locate a fence exceeding four feet (4') in height between the principal structure and the front property line; and
(4) Fences which exceed three feet (3') in height shall not encroach within clear view areas as regulated in section 10-1-31 of this chapter.
f. Rear/Side Yard Regulations: Fences in rear and side yards shall meet all of the following requirements:
(1) Fences up to six feet (6') in height are permitted in side or rear yards and shall not extend beyond the front yard setback line.
(2) If a higher fence is necessary to prevent wildlife from entering a property, the maximum height of the fence located within the rear and side yards may be increased to eight feet (8') subject to the provisions of subsection A2h(1) of this section. Such fences shall only be allowed in side and rear yards behind the front building line of the principal structure. Fences above six feet (6') in height are not permitted in the minimum rear yard setback on a double frontage lot.
(3) Fences which exceed three feet (3') in height shall not encroach within clear view areas as regulated in section 10-1-31 of this chapter.
(4) A fence abutting the interstate freeway system may be erected to a height not exceeding eight feet (8') on the property line adjacent to the freeway right-of-way.
(5) No fence shall be permitted in excess of six feet (6') in a street side yard on a corner lot.
g. Corner Side Yard: Fences on corner lots shall meet all of the following requirements:
(1) Decorative wrought iron fencing or fencing that is similar in appearance and which is at least seventy five percent (75%) or more open may be installed up to six feet (6') in height, one foot (1') behind sidewalk; and shall not extend into the front yard setback.
(2) Solid fences shall be permitted up to six feet (6') in height and shall be set back a minimum of five feet (5') behind the sidewalk or side street property line, whichever is greater; and may not extend into the front yard setback. (See figure 1 of this section.)
(3) Solid fences shall not encroach into any ten foot (10') clear view triangle for adjacent property owner driveway. (See figure 1 of this section.)
(4) Where corner lots are adjacent to each other with rear yards abutting, a six foot (6') solid fence is permitted, set back five feet (5') from the street side yard lot line. (See figure 1 of this section.)
(5) Where a corner lot rear property lot abuts a side yard of a neighboring property line, solid fences shall be set back from the sidewalk or street side property line to the minimum front setback of the adjacent lot. (See figure 1 of this section.)
FIGURE 1
SOLID FENCES
SOLID FENCES
h. Materials: All fences shall meet all of the following requirements:
(1) Fences greater than six feet (6') in height but not exceeding eight feet (8') in height shall be seventy five percent (75%) or more open above six feet (6') in height and constructed of materials that complement the six foot (6') fence. Chainlink fences above six feet (6') in height are only permitted on lots greater than or equal to three-fourths (3/4) of an acre or as permitted in subsection A2l of this section.
(2) No fence shall be constructed of used or discarded materials in disrepair, including, but not limited to, pallets, tree trunks, trash, tires, junk, or other similar items. Materials not specifically manufactured for fencing shall not be used for, or in the construction of a fence.
i. Maintenance:
(1) Fences shall be maintained in a manner to prevent rust, corrosion and deterioration, not to become a public or private nuisance, and not to be dilapidated or a danger to adjoining property owners or the public.
(2) Fences shall not create an appearance of patchwork, which is indicative of a state of disrepair.
(3) Every fence installed shall be maintained in such a way that it will remain plumb and in good repair.
j. Existing Fences:
(1) Any fence existing as of the effective date hereof, shall not be enlarged, extended or replaced, except in strict compliance with all the requirements of this title.
(2) A noncomplying wall, fence, landscaping element or related site feature shall be considered a noncomplying site element and shall not be reconstructed, except as permitted under the procedures of noncomplying sites as set forth in this title.
k. Prohibited Fences: No person shall install:
(1) A fence which creates a hazard to users of the street, sidewalk or to nearby property; or
(2) An incomplete fence, consisting only of posts and supporting members.
l. Special Fences: Fences and/or enclosures for specific uses (whether public or private) including swimming pools, sports courts, or gardens shall meet all of the following requirements:
(1) If up to ten feet (10') in height, it shall not be sight obscuring and shall be at least five feet (5') away from the property line;
(2) Shall be in side and rear yards located behind the front building line of the principal structure. All corner lots shall have one street side yard and one front yard;
(3) Permitted if greater than ten feet (10') in height and/or closer than five feet (5') to a property line with a conditional use permit or, if the fence is part of a new project, through a site plan review approval;
(4) Chainlink is an acceptable material for special fences; and
(5) No fence shall be permitted in excess of six feet (6') in a street side yard on a corner lot.
3. Appeals:
a. Appeals: An aggrieved person adversely affected by the denial of a permit or decision, determination or interpretation under this subsection A may appeal such denial, decision, determination or interpretation within ten (10) days to the City's Hearing Officer.
B. Subdivisions, Planned Unit Developments, Or Multifamily Developments:
1. Reverse frontage lots:
a. A wall or fence of six feet (6') shall be required along the rear lot line of a reverse frontage lot.
b. Perimeter walls or fences required in conjunction with a subdivision plat or planned unit development approval, walls or fences along the rear lot line of reverse frontage lots may have a maximum height of eight feet (8') with specific approval of the Planning Commission and shall have a minimum five foot (5') landscape buffer between the wall and the sidewalk, or curb, whichever distance is greater.
2. New residential developments adjacent to an existing non- compatible or not similar use: Any walls or fences where required along the development perimeters shall be constructed of masonry, tilt up concrete panels, decorative wrought iron or similar decorative metal fencing, composite fencing, or other decorative material approved by the Planning Commission with the exception of vinyl and chain link fencing which is prohibited.
C. General Commercial And Industrial Developments: The following shall apply to any lot or parcel, except where legally existing prior to the effective date of these regulations:
1. A wall or fence shall be a maximum of six feet (6') in height, with the exception that any wall or solid fence located within twenty feet (20') of a public street shall be a maximum of three feet (3') in height. Any fence seventy five percent (75%) or more open, located within twenty feet (20') of a public street, shall be a maximum of four feet (4') in height.
2. Center Street, Redwood Road, Cutler Drive or 1100 North: Chain link fencing shall be permitted only on side and rear property lines which are not adjacent to residential land uses or zone districts. Such use of chain link fencing shall not extend beyond the front facade of the building. Chain link fencing shall not be permitted on a side street property line.
3. All gates for vehicular access to areas used for parking or storage shall slide sideways or swing inward. Gates along front or street side property lines shall not be constructed of chain link fencing.
4. Any outdoor storage area shall be in conformance to subsection D of this section.
5. Any roof mounted mechanical equipment shall be screened from the public view by a parapet wall or similar device that is no lower in height than six inches (6") below the height of the mechanical equipment on the exposed side or sides. No chainlink fencing, with or without slats, shall be allowed as a screening device for roof mounted mechanical equipment.
6. A solid screening device or wall of masonry, composite, or similar material shall be constructed along property lines which are located within twenty feet (20') of a single-family residential development or zone. Such wall shall be a minimum of six feet (6') in height, except that the first twenty feet (20') in from the street property line shall be stepped down to three feet (3') in height.
D. Outdoor Storage: No yard or other open space shall be used for the storage of junk, debris or obsolete vehicles; and no land shall be used for such purposes, except as specifically permitted herein and as permitted or conditionally permitted in a zone district.
1. Existing Outdoor Storage: Outdoor storage lawfully existing or permitted prior to the effective date hereof (March 6, 2018), shall not be enlarged, extended or replaced, except in strict compliance with all the requirements of this title. Non-conforming property owners shall only be required to comply with provisions contained herein, upon application for site plan amendment, conditional use permit expansion, change of primary use of the property, or subdivision.
2. Noncomplying Site Element: A noncomplying wall or landscaping element or related site feature shall be considered a noncomplying site element and shall not be reconstructed, except as permitted under the procedures of noncomplying sites as set forth in this title.
3. Location: No outdoor storage shall be located in a required front yard setback.
4. Surface Material: Outdoor storage yards shall be hard surfaced with asphalt, concrete, or other dustless material, such as washed gravel, recycled asphalt, or permeable surface treatment.
5. Screening:
a. All outdoor storage shall be screened from the view of any adjacent public street or adjacent residential land use or zone district by a decorative solid wall constructed of masonry or concrete tilt up panels which are similarly finished to match or complement the main building material on site. Outdoor storage walls shall be a minimum six feet (6') in height and a maximum twelve feet (12') in height measured at the highest finished grade.
b. A chain link fence with slat inserts shall not constitute an acceptable screening device to satisfy the requirements of this subsection. Chain link gates may only be used in conjunction with outdoor storage under the following circumstance:
(1) They are not located on property lines adjacent to City streets (Center Street, Redwood Road, Cutler Drive, and 1100 North),
(2) They are screened with a vinyl or fabric mesh screen. Vinyl slats are not permitted as a screening method.
c. All portions of outdoor storage areas shall have adequate grading and drainage and shall be continuously maintained.
d. Outdoor storage areas shall be set back a minimum of twenty feet (20') from the street right-of-way.
e. Outdoor storage areas shall be buffered between the screening wall and the adjacent street with improved vegetated landscaping. The buffer area shall be comprised of a mixture of evergreens and deciduous trees, shrubs, lawn, or other vegetative ground cover, or up to fifty percent (50%) non- vegetative mulch. The minimum tree size shall be two inch (2") caliper for ornamental and shade trees and six foot (6') height for coniferous trees. Trees shall be planted with a maximum separation of twenty five feet (25') on center. Woody shrubs shall be a minimum two (2) gallon size container.
6. Materials And Equipment Storage General Commercial (C-G) Zone:
a. Materials stored behind any screening wall shall be stacked no higher than the top of the screening wall, unless set back from the wall a minimum of twenty feet (20'). The maximum height of outdoor storage materials shall be sixteen feet (16').
b. Heavy equipment or vehicles which are taller than the screening wall adjacent to a residential use or a residentially zoned property, shall be set back from the wall a minimum of two feet (2') for every one foot (1') of equipment height above the height of the screening wall or a minimum of twenty feet (20'), whichever is greater.
7. Manufacturing Distribution (M-D) Zone:
a. Storage yards with frontage on Center Street, Redwood Road, or 1100 North: Materials stored behind any screening wall shall be stacked no higher than the top of the wall adjacent to the street, unless set back from the wall a minimum of twenty feet (20'). The maximum height of outdoor storage materials shall be sixteen feet (16').
b. Storage yards with frontage on other City streets: Materials stored behind any screening wall shall be stacked no higher than the top of the wall, unless set back from the wall a minimum of twenty feet (20'). The maximum height of outdoor storage materials shall be twenty feet (20').
c. Heavy equipment or vehicles which are taller than the screening wall adjacent to a residential use or a residentially zoned property shall be set back from the wall a minimum of two feet (2') for every one foot (1') of equipment height above the height of the screening wall or a minimum of twenty feet (20'), whichever is greater.
d. Heavy equipment or vehicles which are taller than the screening wall adjacent to Center Street, Redwood Road, or 1100 North shall be set back from the wall one foot (1') for every foot of equipment height above the top of the wall.
8. Dumpsters And Refuse Containers For New Or Expanded Uses In All Zones:
a. Construction: Enclosures shall be a solid, opaque enclosure constructed of brick, masonry, or concrete wall panels of at least six feet (6') in height measured at the highest finished grade.
b. Placement: Placement of dumpsters and enclosures shall be planned and constructed in a manner that allows unobstructed access to each dumpster and the unobstructed opening of the gates during the emptying process. Dumpsters shall not be located in such a manner that the service vehicle will block any street intersection, nor shall they be located within a required front setback area.
c. Gates: All enclosures shall have service access gates and their construction shall be of sturdy metal frame and hinges with an opaque non-see-through facing material. Service gates shall be attached to post not connected to the enclosure. Enclosures with gates that swing out from the dumpster shall be set back from the property line at least a distance equal to the width of the gate. Hinge assemblies shall be strong and durable so access and servicing gates function properly and do not sag.
E. Outdoor Display:
1. The outdoor display of merchandise for sale is allowed as an accessory use to the main use on the same lot or tract of land.
2. The outdoor display of goods for sale incidental to a retail use, plant nursery, sales and rental of motor vehicles, mobile homes, boats or trailers, or the outdoor display of automobile-related merchandise for sale incidental to a gasoline filling station shall not be required to be screened.
3. In all districts where outdoor display of goods is permitted, such display shall conform to all of the following requirements.
a. All outdoor display shall conform to the use-specific requirements of that particular use;
b. No outdoor display area shall be located in a required landscaped area.
c. Outdoor display areas shall meet all landscaping requirements.
d. No portion of the right-of-way shall be used for any type of display.
e. No outdoor display area shall be permitted to obstruct a pedestrian walkway.
f. In no instance shall outdoor display of merchandise be located within, nor encroach upon, a fire lane, maneuvering aisle, or a parking space necessary to meet the minimum parking requirements of the other use(s) of the lot or parcel.
g. Outdoor display shall be situated so as not to create a visibility obstruction within a parking area or adjacent public street.
h. All portions of outdoor display areas shall have adequate grading and drainage and shall be continuously maintained.
F. Barbed Wire And Electrical Fence Restrictions:
1. Barbed Wire: It shall be unlawful for any person to erect or cause to be erected or to maintain any barbed wire fence or any fence topped with barbed wire or any similar device in any residential zone. In any commercial or manufacturing zone, where permitted under section 10-11-3 of this title, barbed wire may be attached to the top of a fence or similar structure at a height not less than six feet (6') above the ground in height. In such cases, no more than three (3) strands of barbed wire, strung tightly and not coiled, shall be allowed and not be included in the overall height requirement of the fence. Razor wire is strictly prohibited in any application.
2. Electric Fences: It shall be unlawful for any person to install, maintain, or operate an electric fence in violation of this section. Electric fences are allowed as a permitted use in the M-D and M-G Districts only. Electric fences abutting a residential use are prohibited. Electric fences in the permitted zoning districts are allowed subject to the following requirements:
a. Location Requirements: Electric fences shall only be allowed for security of outdoor storage. Electric fences shall not be allowed in required front yard setbacks.
b. Fence Height: Electric fences shall be a maximum height of ten feet (10').
c. Perimeter Fence Or Wall: No electric fence shall be installed or used unless it is fully enclosed by a nonelectrical fence or wall that is a minimum of six feet (6') in height, not to exceed the height of the electric fence. The nonelectrical fence shall be constructed of materials that reasonably prevent a person from reaching through the outer fence to touch the electric fence. There shall be at least one foot (1') of spacing between the electric fence and the perimeter fence or wall. The area between the fences shall be kept clear of landscaping, shrubbery, other fences, or material of any kind.
d. Warning Signs: Electric fences shall be clearly identified with warning signs that read: "Warning - Electric Fence" at intervals of not greater than thirty feet (30').
e. Security Box: Electric fences shall have a small, wall mounted safe or box that holds building keys for all emergency personnel. Access must also be provided to emergency personnel for a remote shutdown and/or key switch to disable the electric fence, as per sections 102.9, 104.9, and 506 of the International Fire Code. The appropriate location of the key box and key switch shall be designated by the Fire Marshal.
f. Electrification: The electrical charge produced by the fence upon contact shall not exceed energizer characteristics set forth in paragraph 22.108 and depicted in figure 102 of International Electrotechnical Commission (IEC) standard no. 60335-2-76, as amended, or a similar standard if acceptable to the City building official.
g. Installation: The installation and maintenance of the electric fence shall be in compliance with all applicable codes and ordinances, including, but not limited to, the International Building Code, International Electric Code, International Fire Code, etc., and manufacturer's installation instructions.
h. Inspection And Approval: Prior to installation of an electric fence, a building permit must be issued by the City building official for the fence. After installation of the electric fence, the City building official shall be notified of its installation and shall conduct, or provide for a third party designee to conduct, an inspection of the electric fence for compliance with all applicable codes and ordinances.
i. Alarm System Requirements: Any alarm system installed with an electric fence is subject to the requirements in title 5, chapter 6 of this Code
j. Failure to properly maintain electrical fencing or warning signage shall constitute a violation of this section subject to civil penalty and shall be enforced as provided in Title 12 Administrative Code Enforcement. (Ord. 2018-02, 3-6-2018; amd. Ord. 2020-11, 4-7-2020)