Sec. 13-140. - Application of article; violation; penalty.

This article shall apply to the location, construction, alteration or repair of fences, and related equipment or structures, such as gates, posts and braces. It shall be unlawful to erect a fence in violation of this article. A violation of this article shall constitute a Class 4 misdemeanor.

(Ord. No. 5365-99)

Sec. 13-141. - Definitions.

For the purposes of this article, certain terms shall have the meanings ascribed to them in this section, unless the context clearly indicates otherwise.

Corner lot. A lot abutting upon two (2) or more streets at their intersection, the shortest side fronting upon a street shall be considered the front of the lot, and the longest side fronting upon a street shall be considered the side of the lot.

Decorative fence. A fence that is designed as an ornament, embellishment or decoration to the property although it may incidentally provide some measure of privacy or security, such as split rail and wrought iron fences.

Fence. A physical structure commonly attached to the ground or a structure and which is made of wood, rock, metal, or other natural or synthetic material, and which is intended to delineate a boundary line, property line, access line or other desired demarcation, or to provide a decorative effect to the property.

Front yard. Open land area extending across the full width of a lot and lying between the front lot line and the principal structure(s).

Rear yard. Open land area extending across the full width of the lot and lying between the rear lot line and the principal structure(s).

Required yard. The open land area between the minimum setback lines required in a zoning district and the lot lines.

Security fence. A fence that is primarily designed and is intended to provide privacy or security regardless of its decorative effect. Such security fences normally cause a parcel of land to be so enclosed as to result in the prohibition of free ingress and egress, or the shielding of a parcel from viewing from outside the security fence, and include but are not limited to barbed wire fences, metal fences generally known as "chain link fences" and wooden fences generally known as "stockade fences."

Side yard. Open land area between the side lot line and the principal structure(s) and extended from the front yard to the rear yard.

(Ord. No. 5365-99; Ord. No. 6849-12, § 1)

Sec. 13-142. - Locations prohibited.

It shall be unlawful to erect a fence within any recorded city easements where such fence will obstruct the flow of stormwater or obstruct necessary access required for maintenance of city facilities.

(Ord. No. 5365-99)

Sec. 13-143. - Materials; restriction on barbed wire and electrified fences.

(a)

Fences may be constructed of any material permitted by the building code; provided, that barbed wire shall not be permitted in any fence located on the same premises as any dwelling located in any residential zoning district.

(b)

Barbed or razor wire strands may be used to enclose permitted storage areas, other similar commercial uses or swimming pools where the strands are restricted to the uppermost portion of the fence and do not extend lower than a height of six (6) feet from the nearest ground level.

(c)

No electrified fence shall be permitted except as stated herein:

(1)

An electrified fence shall be permitted for the enclosure of livestock as may be permitted in agricultural district zoning regulations.

(2)

An electrified fence shall be permitted for the enclosure of wild animals kept as permitted by section 6-8 of the City Code; provided, that such fence shall be installed in such a manner so as to protect the public from accidental contact; and further provided, that signs shall be posted to warn the public of the danger.

(Ord. No. 5365-99)

Sec. 13-144. - Height, etc., limitation—In residential districts.

In residential districts established by or under the zoning ordinance, fences shall conform to the following:

(1)

In side or rear yards, no fence shall exceed six (6) feet in height, except that in side or rear yards of apartment houses containing at least six (6) dwelling units, no fence shall exceed eight (8) feet in height.

(2)

In required front yards, no fence shall exceed four (4) feet in height.

(3)

For corner lots to conform with zoning regulations, no front yard fence shall be maintained higher than three (3) feet above the adjoining street curb grade within a triangle comprised of two (2) twenty-foot legs measured from the intersecting street right-of-way lines.

(Ord. No. 5365-99; Ord. No. 5747-02)

Sec. 13-145. - Same—In nonresidential districts.

In nonresidential districts established by or under the zoning ordinances, fences shall conform to the following:

(1)

A fence not more than ten (10) feet in height shall be permitted in the rear yard of any interior or corner lot.

(2)

No fence shall be permitted in the portion of the rear yard of a corner lot that is closer to the side property line abutting a right-of-way than the principal structure.

(3)

A security fence not to exceed twenty (20) feet in height shall be permitted on any lot in a non-residential zoning district provided that said fence is located no closer than one hundred (100) feet from a public right- of-way and is attached or connected to the primary structure, except that such a fence may be located closer than one hundred (100) feet from a public right-of-way in the Hilton Village Historic District if approved by the Hilton Village Architectural Review Board. A fence that provides both decoration and security to property shall be considered a decorative fence for purposes of this section.

(4)

A decorative fence not to exceed ten (10) feet in height, may be erected on any lot in a non-residential zoning district provided that said fence is set back a minimum of twenty (20) feet from any public right-of-way that abuts the property. Upon request of the property owner, the city manager or his designee may grant a reduction in the twenty (20) foot setback upon a finding that the strict application of the setback would constitute an undue hardship on the property owner due to the shallowness of the lot or the presence of existing structural features. In the event that a reduction in the setback is granted, the city manager or his designee may impose reasonable conditions to mitigate the impact of the reduction in setback.

(Ord. No. 5365-99)

Sec. 13-146. - Permits.

Permits for fence construction are not required except in the following instances: Construction of any fence in the front yard area of any lot, construction in the interior or corner side yard of any lot or construction along any property line abutting the city street right-of-way. Applications for fence construction permits shall be obtained from the department of codes compliance on forms to be prescribed by the director of the department.

(Ord. No. 5365-99)

Sec. 13-147. - Fee.

Completed applications for fence construction permits shall be accepted and reviewed upon payment of an application fee of thirty-five dollars ($35.00).

(Ord. No. 5365-99)

Secs. 13-148—13-149. - Reserved.