Chapter 14-32
FENCES
Sections:
14-32.040 Temporary fences: Exceptions.
14-32.050 Barbed wire fencing.
14-32.070 Clear corner triangles and clear vision areas.
14-32.080 Conditional fence permits.
14-32.100 Zoning Administrator action.
14-32.010 General.
It is hereby found and determined that the public safety and convenience and the protection of public and private property require regulation of the installation, construction, and placing of fences on private property. For the purposes of this title, the term “fence” shall include fences or structures in the nature of a fence.
(Ord. 506-80 C-M, eff. September 11, 1980)
14-32.020 Permits required.
No person shall erect upon any private property in the City any fence, or structure in the nature of a fence, without an Administrative Review Permit.
(a) On that portion of any private property in the area between the street and the front or the exterior side yard setback line established by any law or Code of the City, fences shall not exceed a height of three (3') feet six (6") inches, except as provided in Section 14-32.080 of this chapter.
(b) On that portion of the property back of the setback lines described in subsection (a) of this section, fences shall not exceed a height of six (6') feet, except as provided in Section 14.32.080 of this chapter.
(Ord. 506-80 C-M, eff. September 11, 1980, as amended by § 13, Ord. 659-84 C-M, eff. December 27, 1984)
14-32.030 Fire hazards.
The Zoning Administrator shall not grant a permit for the erection of any fence which will interfere with access in case of fire by the Fire Department or buildings in the vicinity or which will constitute a hazard to street traffic or to pedestrians.
(Ord. 506-80 C-M, eff. September 11, 1980, as amended by § 14, Ord. 659-84 C-M, eff. December 27, 1984)
14-32.040 Temporary fences: Exceptions.
Nothing in this title shall be deemed to interfere with the erection of temporary fences around construction work erected or maintained pursuant to the Building Code and other laws of the City.
(Ord. 506-80 C-M, eff. September 11, 1980)
14-32.050 Barbed wire fencing.
Barbed wire fences may be constructed only to enclose bona fide pastures where cattle or other livestock are kept; or when placed over a six (6') foot fence to enclose commercial or industrial facilities; or to safeguard or prevent hazardous conditions.
(Ord. 506-80-CM, eff. September 11, 1980)
14-32.060 Hedges.
Hedges or dense planting in the nature of a hedge shall not be grown or maintained on that portion of any private property in the area between the street and the front or the exterior side yard setback line established by this title, the Building Code, or other laws of the City to a height in excess of three (3') feet six (6") inches.
(Ord. 506-80 C-M, eff. September 11, 1980)
14-32.070 Clear corner triangles and clear vision areas.
Fences or hedges shall not be installed, nor allowed to exceed three (3') feet six (6") inches in height, in the clear corner triangle and the clear vision area as defined in this title.
(Ord. 506-80 C-M, eff. September 11, 1980)
14-32.080 Conditional fence permits.
Fences may be constructed to heights in excess of those allowed under subsections (a) and (b) of Section 14-32.020 of this chapter only when a conditional fence permit is first obtained from the Zoning Administrator. Prior to granting such a permit, the applicant shall demonstrate and the Zoning Administrator shall find that:
(a) The issuance of such a permit is reasonably necessary, by reason of unusual or special circumstances or conditions relating to the property, for the preservation of valuable property rights or the full use and enjoyment of the property;
(b) The fence or hedge will not create a safety hazard to pedestrians or vehicular traffic;
(c) The appearance of the fence or hedge is compatible with the design and appearance of other existing buildings and structures within the neighborhood;
(d) The fence or hedge is a planned architectural feature to avoid dominating the site or overwhelming the adjacent properties and Structures;
(e) The orientation and location of the fence or hedge is in proper relation to the physical characteristics of the site and the surrounding neighborhood; and
(f) The fence will be of sound construction and located so as not to create a safety hazard.
(Ord. 506-80 C-M, eff. September 11, 1980)
14-32.090 Exceptions.
Under no circumstances will a conditional fence permit be considered for a fence or a hedge in the clear corner triangle or the clear vision area.
(Ord. 506-80 C-M, eff. September 11, 1980)
14-32.100 Zoning Administrator action.
The Zoning Administrator may refer conditional fence permit applications to the Commission for its review and action.
(Ord. 506-80 C-M, eff. September 11, 1980)