DIVISION C. Fences and Walls

Sec. 10-330. Purpose

This division is intended to guide the construction of fences and retaining walls within the city in any of the zoning districts provided that the fences and retaining walls comply with the requirements of this code as to location, height, and composition. (Ord. No. 0-2021-23; 3/24/21)

Sec. 10-331. Required Conditions

In all cases, fences and retaining walls must meet the following:

   a.   Location and Height

      1.   Fences generally may be constructed along the rear and side property lines, if located entirely on private property and not in excess of the maximum height allowed.

      2.   Fences must not be designed or constructed so as to interfere with traffic sight visibility. Fences determined to cause immediate danger may be removed by the city. (Ord. No. 0-2010-119; 11/10/10) (Ord. No. 0-2013-16; 2/27/13)

      3.   Fencing requirements in residential districts including “AR”:

         (a)   Fences located in the front yard, along the front property line and/or the side property line(s), to a depth less than or equal to the required front yard setback of shall be restricted to a maximum height of four feet. Such fences shall be at least 50 percent open and any concrete or masonry footing, not including any required retaining walls, shall be limited to 24 inches from grade. Fence materials shall be in accordance with subsection b. of this Section. For Key Lots as defined in this Chapter, the maximum height of a fence erected in the designated front and side yards of a lot which is zoned residential and is adjacent to the rear yard of an abutting lot, may exceed the four foot maximum height limitation. This does not apply to fences spanning the width of the front yard. Where applicable, all fencing or walls must not interfere with traffic sight visibility or public safety. (Ord. No. 0-2010-119; 11/11/10) (Ord. No. 0-2017-100; 11/8/17) (Ord. No. 0-2018-83; 10/24/18)

         (b)   Fences located in the rear or side yards, along the rear property line or the side property line(s), at a depth greater than the required front yard setback, are restricted to a maximum height of eight feet.

         (c)   Driveway gates shall not be built within the required front yard setback in residentially zoned districts, unless in accordance with a “PUR” final site plan. Legal nonconforming driveway gates must be replaced within six months of removal to maintain nonconforming status. (Ord. No. 0-2017-100; 11/8/17)

      4.   Fencing requirements for commercial, industrial and other non-residential districts:
         (a) Fences located in the front yard, along the front property line and/or the side property line(s), to a depth less than or equal to the required front yard setback, are restricted to a maximum height of eight feet. (Ord. No. 0-2017-100; 11/8/17)
         (b) Fences located in the rear or side yards, along the rear property line or the side property line(s), at a depth greater than the required front yard setback, are restricted to a maximum height of 15 feet. (Ord. No. 0-2017-100; 11/8/17)

   b.   Fence Materials

      1.   Composition of fences is restricted to materials commonly used in fence construction, e.g., wood, chain link wire materials (e.g. chain link, chicken wire, hog wire, etc.), brick, wrought iron or other iron material, stone, pipe, and concrete. Chain link wire materials and pipe fencing is prohibited within the front yard setback

      2.   Fences composed of tires, bumpers or other new or used materials, not commonly used in fence construction, are prohibited in all zoning districts.

      3.   The use of barbed wire, razor wire, concertina wire, or similar materials is prohibited in all zoning districts with the exception of on the top of the fence in all yards for uses in the M-1 and M-2 districts, the top of the fence in the rear yard for C-2 districts, for bona fide agricultural uses and in any district where state or federal law requires facilities to install such fencing. The Planning Director may grant a property owner permission to use such fencing materials on a limited basis and in areas where there will be little or no visibility from the public right of way. (Ord. No. 0-2017-100; 11/8/17)

   c.   Fences on Through Lots

      The requirement of this code that "through lots" having frontage on two streets, observe the required front yard setback on both streets, will generally apply to the location and height of fences erected on such through lots. Fences in both the designated front and rear yard of through lots, are restricted to a maximum height of four feet in residentially zoned districts and eight feet in commercial, industrial and other non-residential districts, so as to conform to the maximum fence height along either street frontage.

   d.   Exceptions to Fence Height

      There are certain circumstances whereby the maximum height of a fence erected in the designated rear yard of a through lot, which is zoned residential, may exceed the four foot maximum height limitation, including:

      1.   Where the designated rear yard of a through lot is adjacent to a four or six- lane arterial; or

      2.   Where the designated rear yard of a through lot is across the street from property zoned and developed for industrial use.

   e.   Retaining walls

      Retaining walls shall be in accordance with the requirements of Chapter 6, Section 6-11 of these Ordinances. (ORD. 0-97-62, 12/10/97); (Ord. No. 0-2021-23; 3/24/21)

Sec. 10-332. Use- and Zone-Specific Fence Standards

   a.   Front Yard Fencing in R-MF Zone

      In areas zoned R-MF where the property is in use as a multi-family residential development or as religious institution, educational facility, hospital or nursing facility, the fence may not exceed six feet within the required front yard.

   b.   Through Lot Fencing

      Where a through lot results in a back yard being a front yard for neighboring properties, fencing shall not exceed four feet in height within the extended front yard setback for adjoining lots.

Sec. 10-333. Electric fences.

a.    The construction and use of electric fences shall be allowed in the City only as provided in this section, subject to the following standards:

                         1.    IEC Standard 60335-2-76. Unless otherwise specified herein, electric fences shall be constructed or installed in conformance with the specifications set forth in International Electrotechnical Commission (IEC) Standard No. 60335-2-76, or successor.

                         2.    Electrification

(a)    The energizer for electric fences must be driven by a commercial storage battery not to exceed 12 volts DC. The storage battery shall be charged primarily by a solar panel. However, the solar panel may be augmented by a commercial trickle charger.

(b) T   he electric charge produced by the fence upon contact shall not exceed energizer characteristics set forth in paragraph 22.108 and depicted in Figure 102 of IEC Standard No. 60335-2-76, or successors.

                        3.    Perimeter fence or wall. No electric fence shall be installed or used unless it is completely surrounded by a non-electrical fence or wall that is not less than six feet in height.

      4.   Location. Electric fences shall be permitted in any non-residential outdoor storage areas only.

      5.   Warning signs. Electric fences shall be clearly identified with warning signs that read: "Warning-Electric Fence" at intervals of not less than sixty feet.

   b.   It shall be unlawful for any person to install, maintain or operate an electric fence in violation of this section. (Ord. No. 0-2010-20; 3/10/10)

Sec. 10-334 - 339. Reserved