A. Corner Yard Obstructions; Clear View Area:
1. In all districts requiring a front yard, no view obstructing object in excess of thirty two inches (32") in height shall be placed on any corner lot within a triangular area formed by the street property lines and a line connecting them at points forty feet (40') from the intersection of the street property lines.
2. Permitted in this area would be: trees pruned clear of branches between the ground to a height of six feet (6'); shrubs, bushes trimmed to no taller than two feet (2') above street level; gasoline pumps; permitted signs with only minimum necessary supports visible to a height of not less than ten feet (10'); nonview obstructing fences not exceeding a height of six feet (6').
B. Permitted Height; When Building Permit Required: Fences may be allowed to permitted heights within buildable areas. Any fence over six feet (6') requires a building permit.
C. Front Yards: In required front yards and except as noted in subsection A of this section, view obscuring fences shall not exceed three feet (3') in height. Nonview obscuring fences in front yards shall not be more than six feet (6') in height.
Note: "View obscuring" means preventing the full view of property on one side of the fence by a viewer standing on the opposite side of the fence.
D. Rear, Interior Side Yard: Fences shall not exceed eight feet (8') in height in a required rear yard or interior side yard; except that on a corner lot, the fence shall not be more than six feet (6') high in the rear yard adjacent to a public street and in the rear yard area abutting a required front yard area of an adjoining lot. Also, that fence abutting the street and the adjoining lot's front yard area shall not be view obscuring if the adjoining lot has a driveway closer than six feet (6') to the rear yard of the subject lot.
E. Side Yard Adjacent To Public Street On Corner Lot: A fence not more than six feet (6') high may be allowed in a side yard adjacent to a public street on a corner lot, provided it does not extend into the required front yard area, does not extend into the clear view area of a corner lot (subsection A of this section) and is not a hazard as determined by the building inspector. (Ord. 2002-08, 5-2-2002, eff. 5-2-2002)
F. Measuring Height Of Fence: Where a fence is erected upon a retaining wall or where for other reasons there is a difference in the elevation of the surface of the land on either side of a fence, height of the fence shall be measured from a point halfway between the top of the retaining wall and the land on either side of the fence, but nothing herein contained shall be construed to restrict a fence to less than three and one-half feet (31/2') in height measured from the surface of the land on the side having the highest elevation.
G. Public Property: No fence may be placed on public property except by or with the approval of a public agency.
H. Commercial Zones: In commercial zones, no fence shall exceed seven feet (7') in height. (Ord., 11-14-1974)
I. Exceptions: Exceptions include state law, public utilities, schools, other certain fences such as tennis courts, backstops, patio enclosures in the front, side or rear yards, approved by the building inspector, where, in his opinion, the exception does not create a hazard or violation of other ordinances. (Ord. 2002-08, 5-2-2002, eff. 5-2-2002; amd. 2003 Code)
J. Nonconforming Conditions: Any conditions which would constitute a nonconforming condition, upon passage of the ordinance codified herein, shall be allowed to continue in that nonconforming condition until such time, if ever, it comes to the attention of the city council. A that time, the city council shall review such condition on an individual basis and may: 1) authorize continuation of the condition "as is"; 2) allow continuation of the condition with such changes as the city council shall determine; or 3) require that the condition be abated and brought into conformance with the terms of this section. (Ord. 2002-08, 5-2-2002, eff. 5-2-2002)