[R.O. 2016 § 510.010; Ord. No.
409[1] § 2, 11-20-2013]
As used in this Chapter, the following terms shall have the
meanings ascribed to them:
Twisted strands of fence wire with barbs at regular intervals.
A fence constructed of manufactured brick or stone with at
least thirty percent (30%) of said fence containing open areas consistently
throughout the length of the fence.
Vinyl, color-coated (black or earth tone) wire of at least
eleven-gauge woven into mesh no less than two (2) inches, attached
to metal posts spaced at regular intervals only for uses other than
division fences.
Fencing used not as a barricade but simply for aesthetic
purposes.
Any partition erected parallel to and/or along a residential
property line and setting off the property of one (1) person from
that of another or otherwise for the purpose of shielding property
from trespass or view.
Any person, firm, partnership or corporation, whether as
owner, tenant, occupant or lessee of any real estate in the City or
as the contractor or subcontractor of such owner, tenant, occupant
or lessee.
A split-rail fence, often laid out in zigzag pattern for
decorative purposes, made from logs split lengthwise.
See "brick fence," above.
Wire woven in a mesh pattern that is coated with vinyl.
A solid exterior partition designed to act as a retaining
wall.
A light wire (under eleven-gauge), including woven wire,
chicken wire, barbed wire or variations thereof.
[1]
Editor's Note: This ordinance also repealed former Ch.
515, Fences, adopted and amended R.O. 2011 §§ 515.010
through 515.090; 6-21-1978 by Ord. No. 78-4; 9-3-1997 by Ord. No.
97-28; 2-20-2002 by Ord. No. 73; 3-20-2002 by Ord. No. 79; and 7-19-2006
by Ord. No. 219.
[R.O. 2016 § 510.020; Ord. No.
409 § 3, 11-20-2013]
A.Â
No person shall erect or maintain any division fence or screen, in
whole or in part of cloth, canvas, wire, or other like material, except
during construction.
B.Â
No person shall permit any fence erected or maintained on premises
owned, occupied or leased to be used for advertising purposes.
C.Â
No fence of any kind is permitted for residences in a front yard.
D.Â
Fences that do not utilize the same type of material throughout,
except upon careful review and exercise of discretion by the Code
Enforcement Officer, are prohibited.
E.Â
Residential fences that do not have the finished side to the outside
of the property are prohibited.
[R.O. 2016 § 510.025; Ord. No.
409 § 4, 11-20-2013]
A.Â
District "A" Residential: powder-coated anodized aluminum or powder-coated
galvanized-steel in black or earth tones; wood (including composite
wood with wood-grain finish in natural wood colors, but not plywood
or knotty pine); decorative wrought iron in black or earth tones;
decorative stacked fence; stone or brick fence.
B.Â
District "B" Residential: wood as listed for District "A"; powder-coated/vinyl-clad
chain-link fencing (permitted only for tennis courts or baseball field
backstops) in black or green color only.
C.Â
District "C" Commercial: powder-coated aluminum or powder-coated
galvanized steel in black color only; wood as listed for District
"A," above or vinyl fencing in any color approved by the Board of
Aldermen.
[R.O. 2016 § 510.030; Ord. No.
409 § 5, 11-20-2013]
A.Â
No person shall construct or alter any fence, screen, wall or other
exterior partition in the City without first filing an application
with and receiving a permit from the Code Enforcement Officer for
the construction of such fence, screen or wall. Such application shall
be filed upon forms provided by the Code Enforcement Officer and shall
clearly show the type of fence, screen or wall proposed to be constructed,
the material of which it is to be constructed and the location where
it is to be constructed. Said location shall further be identified
by corner staking of the applicant's property limits within the
area proposed to be fenced. Said proof of property boundary shall
be accompanied by a professional survey, if reasonably requested by
the Code Enforcement Officer.
B.Â
No permit shall be required for the construction or alteration of
an exterior wall less than three (3) feet in height.
[R.O. 2016 § 510.040; Ord. No.
409 § 6, 11-20-2013]
An application for a permit under the provisions of this Chapter
shall be accompanied by a fee of twenty-five dollars ($25.00) to cover
the cost of the permit and inspection of the fence, screen, wall or
exterior partition proposed to be constructed.
[R.O. 2016 § 510.050; Ord. No.
409 § 7, 11-20-2013]
A.Â
No person residing in a residential area shall construct or maintain
any division fence or any other fence, wall, or exterior partition,
which exceeds eight (8) feet in height.
B.Â
All division fences constructed of wood shall be finished on the
neighboring homeowner's side in wood-tone or other natural wood
color.
C.Â
Manufactured fences shall be installed according to manufacturer
specifications. For fences not accompanied by manufacturer specifications,
line fence posts shall be set at a depth of not less than two (2)
feet, terminal posts shall be set in concrete at a depth not less
than three (3) feet and all posts and vertical fence boards shall
be constructed at the plumb line. Posts for wood panel and rail fencing
shall be installed on the applicant's side of the division line.
Fences constructed of brick, stone or ornamental iron shall be set
on concrete footings not less than three (3) feet in depth.
[R.O. 2016 § 510.060; Ord. No.
409 § 8, 11-20-2013]
Division fences, walls or exterior partitions which do not conform
to the provisions of this Chapter but which are in place prior to
its adoption (November 20, 2013) may continue in existence; provided,
however, that in the event any such non-conforming fence, wall or
partition shall be damaged or destroyed or shall decay to the extent
that the cost of restoration shall exceed fifty percent (50%) of the
cost of a new fence or wall, including labor and materials, then said
fence, wall or partition shall be altered and reconstructed in conformity
with the provisions of this Chapter, including those Sections hereof
requiring the issuance of a permit.
[R.O. 2016 § 510.070; Ord. No.
409 § 9, 11-20-2013]
Fences, walls or exterior partitions shall be maintained in
a state of good repair, free of rotting, rusting, loose or deteriorating
supports, members, materials and hardware and properly painted, stained
or otherwise preserved. The Code Enforcement Officer is hereby empowered
to issue notices to property owners to comply with this Section. Owners
will be given a reasonable time to comply not to exceed thirty (30)
days; provided, however, that a longer period may be given at the
discretion of the Code Enforcement Officer if such compliance within
that time would work an undue hardship.
[R.O. 2016 § 510.080; Ord. No.
409 § 10, 11-20-2013]
Every person constructing, maintaining or altering any fence, wall or exterior partition in violation of or contrary to the requirements of this Chapter, and every person who shall fail, neglect or refuse to observe the requirements of this Chapter or violate the same, shall be guilty of a misdemeanor and upon conviction thereof shall be subject to a fine as set forth in Section 100.220 of this Code.
