§ 28-53. Fences in residential areas

(a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Build shall mean construct, erect, or place or cause, suffer or allow another to construct, erect or place.

Fence shall mean any structure which exceeds 18 inches in height above the nearest grade and which encloses, partitions or divides any yard as defined in this chapter.

Residentially-zoned shall mean property zoned single-family, patio home, single-family attached, or any property zoned as a planned development district, (hereafter PD district), where the base zoning within the PD district is one of the foregoing.

Zoning ordinance shall mean city zoning ordinance, as set out in this chapter, as amended.

(b) Height limitation. No fence shall be built so as to exceed eight feet in height on any residentially-zoned property nor shall a fence be built so as to exceed ten feet on any nonresidential property.

(c) Measurement of fence height. Fence height shall be measured from the grade adjacent to the fence from the applicant's side of the fence. If the fence is constructed on top of a retaining wall it shall be measured from the top of the retaining wall.

(d) Depth of posts. Posts must be set at a depth according to the following:

Fence Height	Post Depth
• 8 feet or higher	3 feet
• 6 feet	2 feet
• 4 feet or lower	18 inches

 

(e) Permit requirement. It shall be unlawful for any person to construct or rebuild a fence on any lot without having first obtained a fence permit from the permit department. All fences require a permit; however, if the construction is minor repair in nature (damaged, missing slats, blown over, or as determined by the city) all damaged, removed, blown down, or missing portions of such fence shall be replaced, stood up, or repaired with comparable materials of a comparable color to the remaining portion of such fence. Minor repairs must be performed within a reasonable amount of time as determined by the city or the repair will be subject to obtaining a permit. Adequate plans and specifications, as determined by the city, must accompany each application for a permit.

(1) Inspection and maintenance. When any fence is completed, it must be inspected. The permit department shall be notified upon completion of the fence. The building official (or his designee) will issue a card of acceptance if the fence complies with the provisions of this division, or it will be rejected. All fences constructed under the provisions of this division shall be maintained so as to comply with the requirements of this division at all times. Fences shall be maintained by the owner or person in charge of the property in as near as possible the condition of such fence when installed and accepted as provided herein, and will be subject to code compliance notification and issuance of a citation if not maintained in such condition. Fences shall be maintained as follows:

a. Such fence shall not be out of vertical alignment more than 20 degrees.

b. All damaged, removed or missing portions of such fence shall be replaced or repaired with comparable materials of a comparable color to the remaining portion of such fence.

c. If a new fence, section of fence or fence replacement is proposed to be composed of wood, all wood elements (posts, fence panels, etc.) used shall be pressure treated with the chemicals Alkaline Cooper Quaternary (ACQ), Copper Azole (CA) or Micronized Copper Quaternary (MCQ). In addition, nonpressuretreated cedar and redwood are acceptable.

d. All masonry columns greater than four feet in height shall require an engineered stamped design.

(f) Appeals.

(1) An appeal from a decision of the building official under the terms of this division shall be made to the planning and zoning commission.

(2) When in its judgment the public convenience and welfare will be substantially served and the appropriate use of the neighboring property will not be substantially injured, the zoning board of adjustments may authorize special exceptions to the regulations provided in this division in order to permit reasonable development and improvement of property where the literal enforcement of the regulations would result in an unnecessary hardship.

(g) Prohibited materials.

(1) No person shall build any fence composed, in whole or in part, of:

a. Barbed wire or razor wire;

b. Welded or woven wire such as chicken wire, hog wire, stockade panels and similar agricultural wires, (does not include chain link);

c. Used materials (as defined by the city);

d. An electric fence;

e. Galvanized sheet metal, corrugated metal, or corrugated fiberglass; or

f. Materials not approved for exterior exposure.

(2) The following are affirmative defenses to a violation of this section:

a. On a lot that has an area of one and one-half acres or more, provided that the fence is not otherwise prohibited by any other ordinance or law, a fence may be composed of barbed wire, welded wire or woven wire, or both and may include an electric fence if the electric fence charging device is approved by a nationally recognized testing laboratory.

b. In a residential zone, an electric fence may be located only within the side and rear yard, all electrified components must be located a minimum of six inches inside another fence (which must be a minimum of 36 inches in height), the electric fence charging device must be approved by a nationally recognized testing laboratory and the fence shall otherwise comply with all applicable laws and ordinances.

c. This section does not prohibit the use of corrugated metal material with a minimum 26 gauge and one inch corrugation when commercially designed and engineered as a fencing material as a component of a modular, prefabricated fence.

d. When mandated by state or federal statute.

e. When required for public safety for local governmental facilities.

(h) Not permitted on public property. No fence or any part of such fence shall be constructed upon or caused to protrude over public property. All fences must be maintained in a plane so as not to overhang public property.

(i) Certain locations, construction prohibited.

(1) Within easements. No fence shall be located within any easement except by prior written approval of those agencies having interest in such easement. Fences within utility, surface drainage (including inlets and concrete plumes) and maintenance easements must be constructed with ornamental iron and removable fence sections. All vertical bars must be a minimum of three inches on center and must not exceed 315/16 inches on center. The maximum diameter of all vertical and horizontal bars shall be two inches. The minimum clearance between the bottom of the fence and grade is two inches. Fences within drainage easements that serve underground reinforced concrete pipe (i.e. - non-surface drainage) must be constructed with metal posts and with removable fence sections.

(2) Screening walls. Where subdivisions are platted so that the rear or side yards of single-family residential lots are adjacent to a public street on which a screening wall has been provided, no wall or fence shall be attached to the screening wall.

(j) Front yard fencing. No fence shall be built within the required front yard, as defined in this zoning ordinance, except for lots that have an area of one and one-half acres or greater. Front yard fencing shall be limited to four feet in height and shall not be of solid construction, providing that at least 50 percent of the fence be open.

(k) Gates required.

(1) Any fence built so as to enclose an area shall provide a gate or other opening in the fence of at least three feet in width and with a minimum headroom clearance of six feet, eight inches in height.

(2) Gates for vehicular use must be a minimum of 24 feet from the property line for all types of property other than residential.

(l) Wind load requirement. Fences must be able to structurally support fencing materials for a 70-mile-per-hour wind speed.

(m) Fences around swimming pools. Fences around swimming pools shall be in conformance with this section and with chapter 18, article VI.

(n) Sight visibility. See section 86-828(a) for sight visibility requirements for fences and screening walls.

(o) Special purpose fencing. Special purpose fencing, such as fencing around tennis courts, dog runs, etc. is permitted. Special purpose fencing shall comply with the requirements as set forth in this section. Smooth, nonclimbable two-inch by four-inch mesh on metal posts will be acceptable behind the building line. Any other materials require approval from the building official.

(p) Back-to-back fencing. Back-to-back fencing is not allowed at a distance of less than five feet.

(q) Nonconforming fences. A fence that does not comply with the requirements of this division as of May 27, 2004, shall be allowed to remain unless the fence is replaced, destroyed or damaged to the extent of 60 percent or more of the value of the structure, in which event the right to maintain the structure shall terminate.

(r) Fence transition. Where a privacy fence and a fence or wall that screens a thoroughfare or public street of different heights meet or connect, a stair step transition/effect shall be provided to match the height of the fence that is lower in height. Such transition must be in lengths of no less than eight feet for each one foot of change of elevation and as approved by the city.

(s) Fence post visibility. Where a privacy fence faces a public right of way, the fence must be built with the posts on the inside of the property and may not be facing the public right-of-way.

(t) Approval of a fence application does not constitute or supersede approval by the applicant's homeowner's association.

(Ord. No. 09-05-797, § 2, 5-18-2009; Ord. No. 13-02-947, § 12, 2-19-2013; Ord. No. 13-11-962, § 2, 11-19-2013)