§ 52-831. Fences.

(a)

Definition. 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:

Fence means an enclosed barrier consisting of vegetation, wood, stone or metal intended to prevent ingress or egress. The term "fence" includes plantings, such as hedges and shrubbery. No fence shall be constructed of unsightly or dangerous materials which would constitute a nuisance.

(b)

Fences categorized. Fences shall be categorized into five classifications:

(1)

Boundary fence. A fence placed on or within three feet of the property lines of adjacent properties.

(2)

Protective fence. A fence constructed to enclose a hazard to the public health, safety and welfare.

(3)

Architectural or aesthetic fence. A fence constructed to enhance the appearance of the structure or the landscape.

(4)

Hedge. A row of bushes of small trees planted close together which may form a barrier, enclosure or boundary.

(5)

Picket fence. A fence having a pointed post, stake, pale or peg laced vertically with the point or sharp part pointing upward to form a part of the fence.

(c)

Placement.

(1)

Maximum height. Fences may be placed on property lines or recessed back from said line:

Maximum height
Zones	Side, Rear	Front	Barbed
Residential	6 feet	3 feet	N.A.
Commercial	8 feet	8 feet	N.A.
Industrial	8 feet	8 feet	top 2 feet only

 

*N.A—Not Allowed

(2)

Corner lots. Corner lots must retain a sight triangle intended for traffic and pedestrian safety. Such a clear vision area shall include a triangle bounded by the setback requirements of the zoning classification in which the property is located. No obstructions (fences, walls, or vegetative hedges) shall be permitted to rise more than 30 inches above the street elevation in this sight triangle. This restriction shall not apply to structures, which are regulated elsewhere in this chapter.

(d)

Hedges. The height and setback for hedges shall be the same as required for fences; provided, however, hedges three feet in height or less, from sidewalk level, may be kept in the front setback area, and provided further that no hedge shall be permitted in the tree lawn area or, where no tree lawn area exists, within four feet of any street or alley. Hedges shall be trimmed and maintained.

(e)

Security fences. Security fences are permitted on the property liens in all districts except residential districts, but shall not exceed ten feet in height and shall be of an open type similar to woven wire or wrought iron fencing.

(f)

Prohibited fences. No fence shall be constructed which is in a dangerous condition, as determined by the Building Inspector/Zoning Administrator, or which conducts electricity or is designed to electrically shock or which uses barbed wire provided, however, that barbed wire may be used in industrially zoned areas if the devices securing the barbed wire to the fence are ten feet above the ground or height and project toward the fenced property and away from any public area.

(g)

Fences to be repaired. All fences shall be maintained and kept safe and in a state of good repair, and the finished side or decorative side of a fence shall face adjoining property. A fence may be constructed of wood, concrete, block, stone, steel, chainlink, plastic, planting, or other ornamental materials with the finished side facing outward. Fences are to be kept in good repair, painted, trimmed, and well maintained at all times.

(h)

Temporary fences. Fences erected for the protection of planting or to warn of construction hazard, or for similar purposes, shall be clearly visible or marked with colored streamers or other such warning devices at four foot intervals. Such fences shall comply with the setback requirements set forth in this section. The issuance of a permit shall not be necessary for temporary fences as described herein, but said fences shall not be erected for more than 45 days.

(i)

Fee for fence permit. At the time the application for a fence permit is filed, the applicant shall pay a fee of $25.00.

(Code 1991, § 13-1-142; Ord. No. 03-01, § 2(1), 11-4-2003)