Fences and walls located in any district shall be subject to the following height and location restrictions:
Fences and walls which are under three feet shall be permitted on residential lots.
(A) Fences and walls exceeding three feet in height shall require a fence permit. No fence or wall exceeding three feet in height shall be erected without first obtaining a fence permit. Every application for a fence permit shall be on forms provided by the City Clerk/Treasurer and shall be accompanied by a nonrefundable fee as set by the City Council. Application for fence permit shall include a sketch of the lot, location of any buildings on the lot, the proposed fence and sufficient dimensions to accurately locate these features. The Building Inspector shall issue the fence permit if he or she finds that the proposed fence complies with all the requirements of this section:
(1) No fence shall be constructed closer to the street than the front property line. If a sidewalk is located within the front yard, any fence constructed must be at least six inches from the sidewalk, side closest to the residence.
(2) No fence erected in the area in which there is a required front yard shall materially obstruct public view. Permitted types of fences shall include split rail, chain link, or other similar material. No component of a front yard fence shall exceed four feet in height.
(3) The height of a fence shall be determined by a measurement from the ground beneath the fence. Swales and other earth depressions up to six feet wide shall not be used when measuring the fences' height. Manmade earth beams, terraces and retaining walls that elevate the fence shall be considered a part of the fence. If a lot or premises is lower than an adjacent major street, then the height of the fence shall be determined by a measurement from the street grade at the 90 degree angle from the fence; provided, however, the total vertical measurement from the ground beneath the fence to the top of the fence shall not exceed 12 feet.
(4) On a side lot line common to two lots: a fence or wall shall not exceed four feet in height from a point 25 feet inside the front lot line to the front lot line.
(5) On a side lot line common to two lots: A fence or wall shall not exceed six feet in height between a point 25 feet back from the front lot line to a point at the rear lot line of the dwelling.
(6) On a rear lot line, other than corner lots: A fence or wall shall not exceed six feet in height across the entire width of the lot.
(7) On a rear lot line on a corner lot: A fence or wall shall not exceed six feet in height from a point 15 feet from lot line common to the side street to the side lot line.
(8) On a rear lot line on a corner lot: A fence or wall shall not exceed four feet in height from a point 15 feet inside of the lot line to the lot line common to the side street.
(9) On the side yard common to the side street on a corner lot: A fence or wall shall not exceed six feet in height and is to be placed at the same setback as the property's accessory building or primary structure.
(10) All fences and walls shall be constructed of approved material and shall be structurally sound and shall be straight and true.
(11) No fence shall be constructed or installed which is in excess of six feet in height except that chain link fences around tennis courts may have a maximum height of 12 feet.
(12) In commercial and industrial districts, maximum height of fences shall be eight feet. When industry standard, for certain types of businesses require fences of greater heights, the City Council, at its discretion, may allow greater heights.
(B) All fences and walls existing upon the effective date of this section, which do not meet the standards and provisions for fences and walls as provided for here shall be altered to comply with these provisions within three years of the effective date of this section. A variance may be granted in the manner provided by ordinance to grant a time extension in specific instances for compliance with the provisions of this section. Such variance shall only be granted if the applicant demonstrates:
(1) That the granting of a time extension will not be detrimental to persons or property in the neighborhood.
(2) That the granting of a time extension is not contrary to the intent of this section.
(3) That the granting of a time extension will alleviate a hardship on the applicant.
(C) Upon completion of fence, a final inspection shall be performed by the Building Inspector.
(D) A new permit shall be required for reconstruction of existing fences.
(Ord. 2002-O-002, passed 2-5-02; Am. Ord. 2006-O-028, passed 9-11-06)