Average grade.
The average point between the lowest point of elevation of the finished surface of the ground, paving, or sidewalk and the highest point.
Chain-link fence.
A fence structure made of metal fence fabric attached to galvanized or wooden posts in an approved and workmanlike manner.
Chief building official.
The chief building official of the city or his designee.
Corner property.
(1) 
Property which abuts an alley, parking lot, or driveway and a street.
(2) 
Property which abuts two (2) streets.
(3) 
Property whose common lot line between two (2) or more adjacent properties forms different yards.
Electrical fence.
A barrier that uses painful or even lethal high-voltage electric shocks to deter animals or people from crossing a boundary.
Fence.
A structure or hedge serving as an enclosure, barrier, or boundary made of either metal, wire, naturally durable wood, treated wood, synthetic material, or plant material as defined herein. A fence shall not include equipment screening devices as may be required under the design standards for historic districts.
Fence arm.
An arm that projects from the top of a fence, typically to hold barbed wire.
Front yard.
An open space unoccupied by a principal structure on a lot facing a street, extending across the full width of the front of a lot between the side lot lines, and in front of the front-most corners of the principal structure, including any unenclosed portion of a front porch, carport, portico, or other unenclosed structure located beyond the front face of the principal structure.
Hedge.
Cultivated plant material, deciduous, or evergreen plant material planted in such a manner so as to constitute a fence.
Height.
The distance measured from the existing average grade of adjoining properties to the top of the tallest structural member of a fence.
International Building Code.
The International Building Code (IBC) is the foundation of the complete family of International Codes. It is an essential tool to preserve public health and safety that provides safeguards from hazards associated with the built environment. It addresses design and installation of materials that meet or exceed public health and safety goals.
Metal “R” wall panel.
A metal “R” panel, also known as a rib panel, is a wide panel that is very high in strength. The metal “R” panel is normally made from aluminum or metallic coated steel and is typically available with a rib height of one and one-half (1.5) inches and width of thirty-two (32) inches to thirty-nine (39) inches per panel.
Nonconforming fence.
A fence located within the corporate city limits which does not conform with the requirements or standards of this article, but which was lawfully constructed and in existence and in safe condition on the day that this article was enacted by the city council.
Privacy fence.
A fence structure consisting of material constructed to inhibit sight through said fence.
Properly maintained.
Maintained in a workmanlike manner and kept in a condition of good repair, with no missing or broken parts, and generally plumb, level, in line, and unmarred.
Rear yard.
An open space unoccupied by a principal structure extending for the full width of the lot between the principal structure and the rear lot line, and behind the back-most corners of the building line of the principal structure.
Right-of-way and easement.
The area between the property line and the curb or street edge.
Screening device.
A solid fence, wall, or other barrier designed to conceal property from public view.
Side yard.
An open space unoccupied by a principal structure, situated between the building and the side line of the lot, and extending through from the front yard to the rear line of the lot, including any unenclosed portion of a side porch, carport, portico, or other unenclosed structure located beyond the side of the principal structure. Any lot line not a rear line or a front line shall be deemed a side line.
Sight visibility triangle.
A point measured twenty-five (25') feet along the pavement edges of two intersecting streets or alleyways for a local street, or thirty-five (35') along an arterial street and then connecting the measured points with a diagonal line.
T-post.
A fence post, usually of metal, designed to support fencing materials.
Wire fence.
Fencing constructed of wire or similar materials; includes fences using T-posts, hog, chicken, or other penning materials.
Workmanlike.
Executed in a skilled manner, e.g., generally plumb, level, square, in line, undamaged, and without marring adjacent work.
Yard.
Front yard, rear yard, and side yard as defined herein.
(Ordinance 2008-008, sec. 2, adopted 3/24/08; 1988 Code, sec. 11.5-1; Ordinance 2021-044 adopted 10/25/21)
Any fence which is or has become dangerous to public safety, health, or welfare is hereby declared a public nuisance and is subject to removal by the city upon failure by the fence owner to take necessary action to repair, replace, or remove such fence after due notice as provided herein.
(Ordinance 2008-008, sec. 2, adopted 3/24/08; 1988 Code, sec. 11.5-2; Ordinance 2021-044 adopted 10/25/21)
(a) 
Fence materials and types.
(1) 
General standards.
(A) 
Fences may be constructed of stone, masonry, brick, wrought iron, durable or treated wood, polyvinyl chloride (PVC) fencing materials, chain-link, or other materials of like kind that the chief building official determines have the same quality, appearance, and durability. All materials must be of the type that is customarily used in residential landscaping.
(B) 
All fencing materials used throughout the property must be complementary of each other.
(C) 
All fences must be constructed in a neat and workmanlike manner, in accordance with manufacturers’ specifications, and shall be properly maintained at all times.
(2) 
Chain-link fences.
(A) 
Chain-link fences less than five (5) feet in height in residential districts shall have the finished edge of the material on the top of the fence.
(B) 
Chain-link fences are prohibited in front yards in uses other than industrial.
(3) 
Masonry fences.
Any stone, masonry, or brick wall or fence constructed of similar materials greater than four feet in height shall be submitted on properly drawn plans and sealed by a registered professional engineer; the plans shall be submitted to the city engineer for review and approval prior to beginning construction.
(4) 
Electric fences.
A fence constructed to intentionally conduct electrical current shall not be permitted in any zoning district except agricultural districts; however, in no case shall electric fences be permitted adjacent to a lot zoned for single or multifamily district and which is used for residential purposes.
(5) 
Barbed wire fences.
Barbed wire fences are permitted in agricultural districts on property over four (4) acres and in LI and HI districts; however, in no case shall barbed wire fences be permitted on property in agricultural districts that are located adjacent to a lot zoned for single or multifamily district and which is used for residential purposes.
(6) 
Fence arms.
Fence arms shall not be permitted in any zoning district except LI and HI districts; however, in no case shall fence arms extend beyond the property line.
(7) 
Prohibited materials.
The following fencing materials are not permitted in any zoning classification:
(A) 
Fences utilizing materials that are not commonly used in residential landscaping and which are historically intended for temporary uses only.
(B) 
Fences incorporating woven wire mesh (chicken wire), welded wire mesh, woven wire (hog wire), or other penning materials, on property that is not zoned and actively used for agricultural purposes; however, such pens may not be located within one hundred (100) feet of property zoned for single or multifamily district and which is used for residential purposes.
(C) 
Fences incorporating T-posts as the structural support for the fencing materials.
(D) 
Fences made up of or utilizing rope, cable, railroad ties, utility poles, or any other similar materials or materials not specifically manufactured for permanent fencing; however, cable fencing may be utilized in city parks or on other city recreational property.
(E) 
Corn cribbing (snow) fences.
(F) 
Fences made of sheet metal, fiberglass, solid plywood, scrap lumber, pallets, temporary fencing, or other non-customary materials.
(G) 
Fences made of common concrete, hadite, or non-decorative cinderblock.
(b) 
Fence height.
(1) 
Front yard fence requirements.
(A) 
Fences may be allowed in the front yard according to the following requirements:
(i) 
On lots zoned historic overlay district (HD) and in accordance with the design standards adopted by the historic preservation commission not exceeding forty-two (42") inches in height.
(ii) 
On lots in excess of two (2) acres in size which are used for single-family residential purposes.
(iii) 
On lots which are zoned and used for LI or HI purposes.
(B) 
Ornamental fences may be allowed in a front yard in residentially zoned areas. Ornamental fences include such things as split rail, picket, decorated metal, and brick fences, but not such things as chain-link, wire, or other similar fences.
(C) 
In residentially zoned areas, no fence over forty-two (42") inches in height above the average grade of the yard shall be permitted from the front building line to the street right-of-way line.
(D) 
In residentially zoned areas, all front yard fences shall have a minimum of fifty (50) percent open area for passage of air and light.
(E) 
On corner lots with two street frontages, or a street and an adjacent alley way, no front yard fence shall be constructed in the sight visibility triangle.
(2) 
Side yard fence requirements.
Fences may be constructed to a maximum height of eight (8) feet on any side property line up to the building line of the principal structure.
(3) 
Rear yard fence requirements.
Fences may be constructed to a maximum height of eight (8) feet on the rear property line up to the building line of the principal structure.
(4) 
Corner lot fence requirements, areas used or zoned for residential purposes.
On all corner lots in residential districts which have opposing rear lot lines, whether directly or across an alley, fences may be constructed to a maximum height of eight (8) feet along the side and rear yard lines.
(5) 
Fences adjacent to subdivision screening wall.
No fence adjacent to a required subdivision screening wall, whether parallel or perpendicular to the wall, may be constructed higher than the height of the subdivision screening wall unless granted a variance by the board of adjustment.
(6) 
Tennis court fences.
Fences around tennis courts, regardless of the district in which they are located, may be constructed to a maximum height of twelve (12) feet. Such fences shall be chain-link or other open-view material so as to minimize the visual impact of the fence. Fence arms shall not be allowed on tennis court fences.
(c) 
Other fence standards.
(1) 
Every fenced enclosure constructed under the provisions of this article shall have at least one (1) gate in its perimeter.
(2) 
In the event subdivision regulations, deed restrictions, or other restrictive covenants regulate fence height, location or construction, the more restrictive regulations shall apply.
(3) 
For all fences, the installing party may construct a privacy fence with the post side facing either the installing party’s property or the opposite direction, except when the fence is facing the public right-of-way, park, school, or other public area where it shall face the installing party’s property.
(Ordinance 2008-008, sec. 2, adopted 3/24/08; 1988 Code, sec. 11.5-3; Ordinance 2021-044 adopted 10/25/21)
The following shall be prohibited:
(1) 
No fence shall be constructed on or in that portion of any corner lot which is included in a sight triangle on the street corner of the lot. The city engineer may require additional sight distances to be maintained where specific conditions render such provisions necessary to provide for the public health and safety.
(2) 
No fence shall be constructed within any drainage easement in the corporate limits of the city or the ETJ unless the city engineer shall have first determined and advised the chief building official, in writing, that he believes such fence shall, in all probability, not interfere with or impair the natural flow of water across the drainage easement.
(3) 
No fence shall be constructed on a vacant lot beyond the average front setback line of adjacent structures within the same block.
(4) 
Fences, guy wires, braces or structural members of any fence constructed upon or protruding over property over which the city or the general public has dominion and control, owns or has an easement over, under, around or through, except upon utility easements which are permitted to be fenced as provided herein.
(5) 
Spikes, nails, barbed wire, razor wire, or other sharp pointed instruments affixed, placed upon, or allowed to exist in any manner attached to a fence or part of a fence except as specifically allowed herein.
(6) 
Any fence installation, addition or improvement utilizing electricity or electrical components except as specifically allowed herein.
(7) 
Fences which deny access to, or the visibility of, fire hydrants, water meter wells, or other utility metering devices.
(8) 
Fences which illegally restrict visibility for vehicular or pedestrian traffic as determined by the city engineer, police department and/or community development as a public safety condition.
(9) 
Damaged or unstable fences if the condition of the fence is a hazard to the health, safety, and/or welfare of the general public.
(10) 
Fences consisting of broken concrete, hadite or cinderblock, or other unauthorized materials to be stacked in piles or rows.
(11) 
Fences or living screen hedges so constructed or planted that disrupt or divert the natural flow of water or drainage.
(12) 
Fences or hedges erected or installed except as allowed herein.
(Ordinance 2008-008, sec. 2, adopted 3/24/08; 1988 Code, sec. 11.5-4; Ordinance 2021-044 adopted 10/25/21)
(a) 
Permits.
(1) 
Required.
It shall be unlawful for any person to install or cause to be installed or to permit any person to install a fence, or to make any alterations, additions, or changes to a fence at a height exceeding seven (7') feet. with an automated opening and closing gate system, or as a retaining wall system forty-eight (48") or taller, without first having procured a permit to do so from the chief building official. If the fence exceeding seven (7') feet in height is a privacy or consists of fully opaque materials, an engineered plan shall be submitted for approval as required by the IBC. Fences seven (7') in height or less are allowed in conformity with these regulations without a permit.
In the event that a complaint is initiate by the city or received regarding a fence constructed following the effective date of this ordinance, the community development staff shall investigate such complaint and determine if a new violation or safety condition exists. The property owner or resident who constructed the fence shall be informed of the fence standards, a determination made as to whether a violation of these standards exist. and corrective measures agreed to by the property or fence owner according to the adopted enforcement procedures adopted by the city.
(2) 
Fee.
The fee for the a fence permit, if required by this section, shall be as set forth in the fee schedule in appendix A of this code and shall be paid prior to the issuance of the permit.
(3) 
Plot plan.
The chief building official shall require a plot plan showing the lot size, all improvements on the lot, and the proposed location of the fence to be constructed, if a permit is required under this section. The plot plan need not meet the requirements of a plat; however, it shall contain sufficient information to allow the chief building official to provide an adequate review of the application.
(4) 
Fence plans.
The chief building official shall require detailed plans for all fences requiring a permit. The chief building official, or designee may require conditions or revisions deemed appropriate to achieve the intent of this article. The plans may include manufacturer specifications structural and wind loading design, and installation instructions, so long as the information provided to the chief building official is sufficient to provide an adequate review of the application.
(b) 
Inspection required.
(1) 
When any fence for which a permit has been issued under this division is completed, it must be inspected by the chief building official or his designee for compliance with this article and applicable construction codes. The chief building official’s office shall be notified upon completion of the fence.
(2) 
The chief building official will certify acceptance if the fence complies with the provisions of this article or reject the fence if it does not so comply.
(3) 
The owner of the property shall be required to remove any noncompliant fence or replace it with a fence that does comply.
(c) 
Responsibilities of fence or property owner.
(1) 
Fence or property owners are responsible for the determination and location of easements, rights-of-way, and utilities prior to installation of a fence and for construction of fences.
(2) 
Fence or property owners shall be responsible for researching and complying with all private deed restrictions or private subdivision requirements.
(Ordinance 2008-008, sec. 2, adopted 3/24/08; 1988 Code, sec. 11.5-5; Ordinance adopting 2021 Code; Ordinance 2021-044 adopted 10/25/21)
(a) 
When required.
Screening devices as described in this section may be allowed in areas used for light industrial and heavy industrial activities. All wrecking yards, junkyards, salvage yards, landfills, demolition businesses, recycling businesses and automotive repair businesses which frequently store inoperative, wrecked, or dismantled vehicles due to abandonment by owner or for use in obtaining parts shall be fenced on all sides and shall be screened from view from the public right-of-way and from adjacent property; provided, however, a screening device as described in subsection (c)(2) herein shall not be permitted on property that is directly adjacent to or within 100 feet of an area zoned or used for residential purposes.
(b) 
Materials.
(1) 
A permitted and fully opaque screening device required to be constructed eight (8) feet in height and be constructed of wood, stone, masonry, brick, decorative concrete block, or other permanent material, have a completely solid area with no openings, and be permanently maintained.
(2) 
A required screening device may be constructed of metal “R” wall panels mounted vertically, with a finished top cap of the same color as the fence panels; provided, however, metal “R” wall panels may not be used for screening or fencing within one hundred (100) feet of a residential zoning district or property used for residential purposes.
(3) 
A landscaped strip or an earthen berm planted with trees or shrubs (living screen), including a minimum of eighty (80) percent non-deciduous trees or shrubs that will achieve sight and noise obstruction, may be provided as a screening device as an alternative to traditional fencing if approved by the board of adjustment. If a living screen is approved, the plant materials must be a minimum of six (6) feet in height at time of planting.
(4) 
A combination of subsections (c)(2) and (3) may be provided as a screening device as an alternative to fencing or landscaping alone if approved by the board of adjustment. If a combination is approved, the screening and plant materials combined must be a minimum of eight (8) feet in height at time of installation and planting.
(5) 
Alternate equivalent screening if approved by the board of adjustment.
(c) 
Standards for screening.
(1) 
All required screening devices shall be constructed so that the finished side (good side) of the screening device faces the public or adjacent property. Any screening device constructed of a material other than stone, brick, or decorative concrete block shall be finished in a bronze or dark earth-tone color.
(2) 
All openings in the surface of a screening device for passage shall be equipped with locking gates equal in height and screening characteristics specified above but need not be of the same material as the main fence or wall so long as the material is complementary in nature thereto.
(3) 
All outdoor storage shall be stored inside the screening device and no junk or salvage materials may be piled against the exterior of the screening device or stacked higher on the inside of the screening device than the height of the screening device.
(4) 
Prior to the issuance of an occupancy permit, all approved screening devices must be in place and approved by the chief building official, authorized designee.
(5) 
All screening devices shall be permanently and continually maintained in a neat and orderly manner as a condition of use. The chief building official may suspend or revoke a certificate of occupancy for a property if the owner or tenant of the property fails to adequately maintain a screening device.
(d) 
Variances.
A variance to the requirements of this section may be granted by the board of adjustment in accordance with the procedure established by this article.
(Ordinance 2008-008, sec. 2, adopted 3/24/08; 1988 Code, sec. 11.5-6; Ordinance 2021-044 adopted 10/25/21)
(a) 
Every fence shall be constructed in a substantial, workmanlike manner and of material reasonably suited for the purpose for which the fence is proposed to be used. Every fence shall be properly maintained in such condition as to not become or remain in a condition of disrepair or danger or constitute a hazard, eyesore, or public or private nuisance.
(b) 
If the fence is located along a boundary between two (2) properties, both sides shall be maintained by the owner(s) of the fence, subject to prior written agreement between both property owners.
(c) 
If a fence is erected off the common lot line, the property owner on whose property the fence is erected shall be responsible for maintaining the space between the fence and the lot line.
(d) 
Every fence, wall, or hedge shall be maintained in a good and safe condition at all times. Every damaged, dead, or missing element of any fence, wall, or hedge shall be repaired, removed, or replaced immediately as provided herein.
(Ordinance 2008-008, sec. 2, adopted 3/24/08; 1988 Code, sec. 11.5-7; Ordinance 2021-044 adopted 10/25/21)
(a) 
Authority to continue.
Except as provided below in subsection (e), any nonconforming fence may be continued so long as it remains otherwise lawful, subject to the regulations of this section.
(b) 
Ordinary repair and maintenance.
Normal maintenance and incidental repair may be performed on any nonconforming fence or wall; provided, however, that any repair shall, whenever possible, eliminate or reduce any nonconformity in the element being repaired, and provided further, however, that this shall not be deemed to authorize any violation of this section.
(c) 
Alteration.
enlargement or moving. A nonconforming fence shall not be changed or altered in any manner that would increase the degree of its nonconformity, be enlarged or expanded, be structurally altered to prolong its useful life, or be moved in whole or in part to any other location where it would remain nonconforming.
(d) 
Change of fence.
A nonconforming fence that has been changed to eliminate its nonconformity or any element of its nonconformity shall not thereafter be changed to restore such nonconformity or nonconforming element.
(e) 
Damage or destruction.
Any nonconforming fence (or any nonconforming element of a fence capable of change or discontinuance separate from other elements of the fence) which has suffered damage, deterioration or destruction to thirty-five (35) percent or more of its total surface area shall be removed or brought into conformity with the provisions of this article.
(f) 
Termination of certain nonconforming fences.
The following nonconforming fences, walls or screening devices shall be removed or modified to comply with the provisions of this article within thirty (30) days of the effective date of this article to eliminate every nonconformity:
(1) 
Barbed wire and electrical fences.
All nonconforming barbed wire fences and nonconforming electrical fences located in residentially zoned areas or located on property used for residential purposes, excepting fences located on agricultural zoned property as otherwise permitted herein for agricultural purposes.
(2) 
Dilapidated fences or walls.
Each nonconforming fence that is dilapidated or deteriorated to the extent that the replacement of more than thirty-five (35) percent of the fence is required.
(3) 
Fences dangerous to public health, safety and welfare.
Every nonconforming fence or hedge that poses a threat to the health, safety, or welfare of any person or to the general public.
(Ordinance 2008-008, sec. 2, adopted 3/24/08; 1988 Code, sec. 11.5-8; Ordinance 2021-044 adopted 10/25/21)
The procedure for the removal of fences determined by code inspectors to be in violation of this article shall be the procedure adopted for the removal of substandard structures found in article 4.03 of this chapter.
(Ordinance 2008-008, sec. 2, adopted 3/24/08; 1988 Code, sec. 11.5-9; Ordinance 2021-044 adopted 10/25/21)
(a) 
The procedure for seeking a variance to these fencing regulations shall be the procedure established for variances in section 16 of the zoning ordinance.
(b) 
A variance may be granted to these regulations if the board of adjustment finds that all of the following conditions apply:
(1) 
Unique circumstances exist on the property that make application of specific requirements in this article unduly burdensome on the applicant;
(2) 
The variance will have no adverse impact on current or future development;
(3) 
The variance is in keeping with the spirit of these regulations and will have a minimal impact, if any, on the surrounding land uses;
(4) 
The variance will have no adverse impact on the public health, safety, and general welfare; and
(5) 
A financial hardship shall not be considered sufficient grounds for the granting of a variance.
(Ordinance 2008-008, sec. 2, adopted 3/24/08; 1988 Code, sec. 11.5-10; Ordinance 2021-044 adopted 10/25/21)