[CC 1970 §10-1; Ord.
No. 660 §1, 5-18-1965; Ord. No. 1685 §1, 9-1-2009]
It shall be unlawful for the owner of or anyone who occupies
any lot or plot of ground within the City or any other person whomsoever
to construct, erect or maintain any fence or enclosure of any kind
whatsoever beyond the established front building line of any such
lot or plot of ground.
[CC 1970 §10-2; Ord.
No. 660 §2, 5-18-1965; Ord. No. 1685 §1, 9-1-2009]
It shall be unlawful for the owner of or anyone who occupies
any lot or plot of ground within the City or any other persons whomsoever
to construct, erect or maintain a fence or enclosure of any kind whatsoever
beyond the established side and rear lines of any such lot or plot
of ground within the City without first obtaining a special permit
to do so from the Board of Aldermen authorizing the construction,
erection and maintenance of any such fence or enclosure.
[CC 1970 §10-3; Ord.
No. 660 §3, 5-18-1965; Ord. No. 1685 §1, 9-1-2009]
Any person desiring to construct or erect a fence or enclosure
beyond the established side or rear lot lines of any plot of ground
shall make application for a special permit to do so, which application
shall be submitted with a plot plan showing all property lines, structures,
streets and the location of existing and proposed fencing for the
property upon which the fence or enclosure is to be erected and the
property upon which the fence is to be erected.
[CC 1970 §10-4; Ord.
No. 1020 §1, 6-1-1982; Ord. No. 1685 §1, 9-1-2009; Ord.
No. 1985, 12-17-2019]
A.
All
fences in the City are subject to the following requirements, conditions
and limitations:
1.
No person shall erect a new or replacement fence without first having
obtained a fence permit from the Building Commissioner, or his/her
designee. Repairs to existing fences do not require a permit. A repair
is defined as the replacement of a portion of fence which is less
than twenty-five percent (25%) of its total linear distance (whether
interrupted or not), or three hundred (300) square feet, of fence
surface, whichever is less, with the same material, at the same height,
in the same location.
2.
All fences shall be erected and continuously maintained in accordance
with the provisions of this Chapter as well as the Building Code,
the Housing Standards Ordinance and the Nuisance Ordinance.
3.
No person shall erect any fence within the front yard setback of
any lot except:
a.
On corner lots, a fence may be erected within the front yard setback
along the side or rear of the main building, provided that such fence
meets the following criteria:
4.
No person shall erect any fence or screen in whole or in part of
cloth, canvas, or other similar materials. No fence or screen exceeding
six (6) feet in height shall be erected or maintained.
5.
Fences shall not impede the view of any intersection and shall not
be constructed within twenty-five (25) feet of the street intersection.
6.
No fence shall be used for advertising purposes.
7.
The use of barbed wire, razor wire, concertina wire, spikes or other
similar devices are prohibited.
8.
No fence shall have any electric current running through it except:
a.
Invisible fences consisting of a low voltage (two and one-half (2.5)
watts or less) wire buried beneath the ground, used to activate a
device placed on the collar of dogs or other similar pets to contain
them on the premises. Invisible fences shall be restricted to private
property.
9.
Fences shall be erected with the finished side out, that is, the
fence posts shall be installed on the permit holder's property so
that the fence material and hardware shall be inside the property
and face toward the interior of the property.
10.
The Building Commissioner or his/her designee will issue a permit
for the construction of a fence if he/she is satisfied that the application
fully complies with the provisions of this Chapter.
[Ord. No. 1685 §1, 9-1-2009; Ord. No. 1985, 12-17-2019]
A.
Swimming
pool fences enclosing outdoor swimming pools shall adhere to the standards
set forth in the Building Code. Where such swimming pool is located
within ten (10) feet of a side or rear lot line, such fence may be
located on the side or rear lot line providing that no part of the
fence extend beyond the side or rear lot line.
B.
Fences
enclosing an institution, a public park, public playground, or school
may be eight (8) feet high providing such fence or screen is at least
fifty percent (50%) open.
C.
Commercial
and industrial properties abutting residential properties shall erect
a sight proof fence.
[Ord. No. 1685 §1, 9-1-2009; Ord. No. 1985, 12-17-2019]
A.
After
the effective date of this Section, upon the change in ownership of
any commercially or industrially zoned property, a screening device
shall be constructed along the property line adjoining or contiguous
to property that is classified by the zoning code as a residential
district, and no building or occupancy permit shall be issued unless
there is full compliance with the terms and provisions of this Chapter.
Plans for such screening devices shall be submitted simultaneously
with the site plans for buildings or construction of parking lots
to be placed on such property, or at such times as the application
for occupancy is made.
1.
Fences. All fences between commercial or industrial property and
residential property shall be of a minimum height of six (6) feet
and shall be sight-proof. Chain link fencing with inserts is prohibited.
2.
Walls. All walls used shall be constructed of brick, concrete or
masonry block and shall be constructed of sufficient height to effectively
screen commercial or industrial property from residential property
taking into consideration elevation differences between commercial
or industrial property and residential property.
3.
Trees. If there are existing trees between the commercial or industrial
property and the adjoining residential property, such trees should
be retained if practical and supplemented by the planting of new trees
to create an effective screening device. New trees shall be durable
and shall have a minimum caliper of two and one-half (2 1/2) inches.
If evergreens are utilized, they shall have a minimum height of eight
(8) feet.
4.
Shrubbery. Shrubbery in combination with trees or grade changes may
be utilized provided an effective screening device equal to the screening
devices referred to in this Section will be created.
5.
Grade Changes. Retaining walls in combination with grade changes
and planting of shrubbery may be constructed of stone, brick, concrete
or masonry. Additionally sloping terraces and earth mounds may be
constructed in combination with planting of shrubbery. Use of such
changes and shrubbery in combination must provide an effective screening
equal to the other screening devices referred to in this Section.
6.
Screening Device Maintenance. Any screening device, fence, or masonry
wall shall be kept in a good state of repair; and all wood, metal,
and/or approved material shall be protected from the elements against
decay, rot, or rust by paint or other approved coating applied in
a workmanlike manner. Screening areas with trees, shrubs, and/or decorative
plantings shall be kept trimmed and free from weeds, trash, and debris.
[Ord. No. 1685 §1, 9-1-2009; Ord. No. 1985, 12-17-2019]
Any person desiring to construct or erect a fence or enclosure
on any plot of ground shall make application for a permit to do so,
which application shall be submitted with a plot plan showing all
property lines, structures, streets and the location of existing and
proposed fencing. The application shall also include design specifications
for the fence. The application shall be accompanied by a fee of three
dollars ($3.00) for every one thousand dollars ($1,000.00) of construction
costs plus six dollars ($6.00) per each inspection.
