§ 13-1-299. Fencing Standards.

(a)

Purpose. The purpose of this Section is to regulate the materials, location, height, and maintenance of fencing.

(b)

Applicability. Except as provided in Subsection (c)(4) below, the requirements of this Section apply to all fences equal to or exceeding 30 inches in height, for all land uses and activities.

(c)

Definitions.

(1)

For the purpose of this Section, the term "fence" is defined as any vegetation or structure constructed, erected, assembled, planted or arranged to serve as a permanent enclosure, barrier or boundary.

(2)

For the purpose of this Section, the term "temporary fence" is defined as any vegetation or structure constructed, erected, assembled, planted or arranged to serve as a temporary enclosure, barrier or boundary for a period not to exceed 180 consecutive days per calendar year.

(3)

For the purpose of this Section, the term "vegetation" is defined as any plants, shrubbery, trees, or hedges planted, buried or arranged in such a manner as to create a fence.

(4)

For the purpose of this Section, the term "pet containment system" is defined as an electronic containment device that utilizes underground wires that are used to keep a dog or other animal inside the boundary of a property without the construction of a fence. Pet containment systems shall comply with the location requirements within Subsection (e) and maintenance requirements within Subsection (i) below.

(d)

Materials.

(1)

Approved Materials. Approved materials for fencing include wood, stone, brick, wrought iron, chain link, woven wire, wire mesh, plastic or vegetation, except that woven wire and/or wire mesh are not permitted within front yard or street-side yard areas. Snow fences constructed of wood, wire, plastic or any combination thereof shall be permitted only as temporary fences.

(2)

Prohibited Materials. Except as provided in Subsection (c)(4) above, no fence shall be constructed of dangerous materials or materials that would constitute a nuisance. No fence shall be constructed of razor wire or be constructed that conducts electricity or that is designed to shock with electricity. With the approval of the Zoning Administrator, barbed wire may be used at the top of fences in commercial and industrial zones, provided that the barbed wire and its supports are a minimum of 6 feet 4 inches above the ground. Barbed wire supports may not extend beyond the lot line of the fenced property.

(3)

Alternative Materials. Materials not listed in Subsection (d)(1) above may be considered with the approval of the Zoning Administrator. A sample of the proposed fencing material and design shall be provided by the applicant for evaluation at the time of application filing. In addition, the applicant must demonstrate that all the following conditions are being met prior to the approval of the permit.

a.

The proposed fence is decorative in appearance and appropriate for use in its proposed setting.

b.

The proposed fence will be constructed of appropriately durable materials for its intended use and setting and;

c.

The proposed fencing is determined to be equal to or higher in aesthetic quality than what would otherwise be permitted in its proposed location as per Subsection (d)(1) above.

(e)

Location. On all properties, no fence shall be located closer than 2 feet to the front lot line or street-side lot line or within the vision clearance triangle standards as set forth in Section 13-1-282. Fences may be located on any interior-side lot line or rear lot line.

(f)

Height and Opacity.

(1)

In all residential zoning districts, fences shall be a maximum of 6 feet high and 100% opaque except:

a.

Fences that are located in a front yard shall not exceed a maximum height of 4 feet and shall be a maximum of 50% opaque.

b.

Fences that are located in a street-side yard and that are within 25 feet of the street-side lot line shall not exceed a maximum height of 4 feet and shall be a maximum of 50% opaque.

c.

For properties having double frontage on more than one road or street, not including corner lots, the rear lot line shall be the opposite line along which the lot takes access to the street. Double frontage lots shall be allowed to have a fence in the rear lot. The rear lot fence shall be a maximum of 6 feet tall and a maximum of 100% opaque.

(2)

In all nonresidential zoning districts, fences may be a maximum of 8 feet high and 100% opaque except:

a.

Fences that are located in a front yard and may not exceed a maximum height of 4 feet and shall be a maximum of 50% opaque.

b.

Fences that are located in a street-side yard and that are within 25 feet of the street-side lot line may not exceed a maximum height of 4 feet and shall be a maximum of 50% opaque.

(g)

Orientation. The finished side or decorative side of a fence shall face the adjoining property and/or right-of-way.

(h)

Maintenance. The owner of a fence shall be responsible to maintain said fence in a safe, structurally sound and attractive manner.

(i)

Nonconforming Fences. Except for location requirements in Subsection (e) above, any fence existing on the effective date of this Code and not in conformance with this Section may be maintained, but any alteration, modification, or improvement of such fence shall comply with this Section.

(j)

Special Conditions. When special conditions related to safety and/or security arise, The Planning Commission may review fence installations located upon nonresidentially zoned property that do not conform with the material, height and opacity requirements as set forth in this Section. Such action shall be considered a conditional use and approval, and shall be subject to the review and approval procedures as set forth in Section 13-1-363.

(k)

Permits. For fences described in Subsection (c)(1) and pet containment systems as described in Subsection (c)(4) above, a general permit is required as set forth in Section 15-1-2.

(l)

Penalties. The penalty for violation of any provision of this Section of the Code will be a penalty as provided in Section 13-1-377. A separate offense shall be deemed committed for each day of which a violation of this Section occurs or continues.

(Ord. No. 04-677, § 3, 10-11-04; Ord. No. 10-787, § II, 10-11-10; Ord. No. 18-932, §§ 1—4, 11-12-18 )