§ 44-89. Fence regulations.

(a)

Purpose. The purpose of this section is to permit fences, decorative fences, natural fences, fence panels, and protective measures fencing without impeding necessary views and safe visibility to and from public rights-of-way and any intersections thereof, and without impeding scenic views of public lands or waterways from adjacent properties. Fencing shall conform to all applicable requirements listed in this section.

(b)

Existing fences. Legally established nonconforming fences erected prior to the effective date of the ordinance from which this section is derived shall be exempt from the provisions of this section. Growing vegetation originally established as a natural fence shall be presumed to be a legally established nonconformity.

(c)

Permit required.

(1)

Except as provided below, it shall be unlawful for any person to construct or cause to be constructed any fence upon any property within the city without first obtaining a permit for it. The application for such permit shall contain or have attached as exhibits thereto, any and all information including drawings, required and necessary for the determination of whether the erection of such fencing would be contrary to the provisions of this section.

(2)

A fence permit fee in an amount established by city council, as they may amend from time to time by resolution, shall be paid in full and accompany the fence permit application.

(3)

A permit is not required for a decorative fence if it is not intended to enclose, divide, or separate yard areas and further complies with the requirements of this section.

(4)

A certified survey shall be submitted as part of the fence permit application. The city building inspector may grant an exception from this submittal requirement for the repair or replacement of a fence segment where it can be demonstrated that such repair or replacement will not change design character or the alignment of the pre-existing fence.

(5)

It shall be the duty of the city building inspector to review the fence permit application and the premises where the fence is proposed to be erected. If the proposed fence is found in compliance with the requirements of this section, he or she shall issue the fence permit. The fence permit shall become invalid if the work authorized under a fence permit has not been commenced within 90 days after its date of issuance.

(d)

Shared fences. All fences must be located entirely on the private property of the person seeking the fence permit. However, a fence may be erected along a shared property line where adjoining property owners jointly apply for a fence permit to erect a fence on their common border.

(e)

Prohibited fencing.

(1)

It shall be unlawful to erect any fence charged or connected with an electrical current.

(2)

Except as provided below, the use of barbed wire, razor wire, spikes, nails, or any other sharp point or instrument of any kind made part of a fence is prohibited.

(3)

The attaching of one fence to another for purpose of support is expressly prohibited. This shall not be defined to prohibit the extension of, or connection to, an established fence.

(4)

No fence shall be erected upon a vacant lot.

(5)

No fence shall be erected upon a lot or parcel of land which obstructs the view of drivers in vehicles approaching an intersection of two roads or the intersection of a road and driveway. At a minimum, an unobstructed sight triangle meeting the following requirements shall be maintained:

a.

The area formed at the corner intersection of two public right-of-way lines, with two sides of the triangular area being 25 feet in length, measured from the point of intersection between the public right-of-way lines and the third side being a line connecting these two sides.

b.

The area formed at the intersection of a public right-of-way line and a driveway, with two sides of the triangular area being ten feet in length, measured from the point of intersection between the right-of-way line and the edge of the driveway, and the third side being a line connecting these two sides.

(f)

Fence and yard maintenance.

(1)

All fences shall be maintained in good repair. Fences in a deteriorated state needing repair or replacement shall be deemed a nuisance. The city building inspector shall inform the property owner upon which such fence is located of the existence of the nuisance and order the repairs or modifications to be made to render the fence safe or require that such unsafe fence or any portion thereof be removed. Notice of the order shall be given by personal delivery or via U.S. mail. The nuisance shall be abated within 30 days after the receipt of such order by the property owner.

(2)

Reserved.

(g)

Exterior appearance. All supporting members of any fence shall be placed on the interior side of the fence to conceal them from view from the exterior side of the fence. Posts may only be exposed to view on the exterior side of the fence when they are an integral part of the architectural appearance of the fence and not just for supporting the fence.

(h)

Conflicting regulations. Where a subdivision or condominium development regulates fencing through a restrictive covenant, deed restriction, or similar legal instrument in a manner which imposes a greater or more restrictive requirement or standard than is enumerated in this section, such greater restriction shall prevail.

(i)

Appeals. Under authority of section 44-924, the zoning board of appeals shall have the authority to hear and decide questions which arise in the administration of this section, and to hear and decide appeals taken by any person aggrieved or by an officer department, board or bureau of the state or city affected by a decision of the building inspector or administrative official charged with the enforcement of this section.

(j)

Fences in nonresidential districts.

(1)

Barbed wire and razor wire may be placed on the top of fences greater than eight feet in height to protect public infrastructure sites, or facilities deemed by the building inspector to require a secured site because of the equipment, materials, or products used, produced, or stored on the premises. The barbed wire or razor wire shall consist of not more than three strands of wire and shall project toward the exterior of the site. In no instance, however, shall such barbed wire or razor wire extend over a property line or public right-of-way.

(2)

Public or private parks, playgrounds, fields, and similar recreation or public assembly areas may contain fencing not greater than eight feet in height. Such fencing may only be installed upon a determination by the building inspector that such fencing is needed for public safety, protection of property from vandalism, or to prohibit unwanted trespass. Backstops and similar barriers used in conjunction with an athletic field or court are exempt from the height restrictions imposed herein.

(3)

Fences shall be permitted in the M-1 district, M-2 district, and M-3 district and the C-1 district, C-2 district, and C-3 district subject to the following conditions:

a.

Fences shall not exceed a height of eight feet.

b.

No fence may extend beyond the front building line.

(k)

Residential fences on waterfront lots. It is the intent of this subsection to regulate the placement of residential fencing on private property in a manner which does not obstruct views to abutting water by neighboring residences. Residential fences on lots abutting water shall be permitted subject to the following requirements:

(1)

For purposes of this section, the following definitions shall apply. A front yard shall be defined to mean that portion of the lot located between the primary residence and a public or private road. A rear yard shall be defined to mean that portion of the lot located between the primary residence and abutting water. (See also section 44-95.)

(2)

No fence or natural fence shall be installed in the front yard.

(3)

A decorative fence not exceeding a height of 30 inches shall be allowed in the front yard.

(4)

Decorative fencing not exceeding a height of 42 inches shall be allowed in the side yard and in the rear yard and may extend to the seawall or ordinary high water mark of abutting water.

(5)

A fence and natural fence not exceeding a height of 48 inches is allowed in the side and rear yard; however, such fencing must be set back at least 24 feet from the seawall or ordinary high water mark of abutting water. Notwithstanding the above, fencing not exceeding a height of 48 inches and having an opacity of 50 percent or less may be extended to the water's edge.

(6)

In addition to the above, a property owner shall be entitled to install not more than two privacy fence panels not exceeding 72 inches in height and which are perpendicular to, and extend not more than, 12 feet from the rear face of the primary residence.

(7)

Swimming pool fences shall comply with section 6-517 of chapter 6 [buildings and building regulations] of this Code and the International Swimming Pool and Spa Code (2015).

(l)

Residential fences on lots not abutting water. Residential fences on lots not abutting water shall be permitted subject to the following conditions:

(1)

No fence or natural fence shall be installed in the front yard.

(2)

A decorative fence not exceeding a height of 30 inches shall be allowed in the front yard.

(3)

A fence, decorative fence, or natural fence not exceeding a height of 48 inches shall be allowed in the side and rear yards. In addition to the above, a privacy fence not exceeding a height of 72 inches may be allowed in the side and rear yards by way of a permit issued by the city building inspector, for cause shown.

(4)

Swimming pool fences shall comply with section 6-517 of chapter 6 [buildings and building regulations] of this Code and the International Swimming Pool and Spa Code (2015).

(Ord. No. 388, 8-14-2017; Ord. No. 394, 1-8-2018)

Editor's note

Ord. No. 388, adopted Aug. 14, 2017, repealed the former § 44-89 and enacted a new § 44-89 as set out herein. The former § 44-89 pertained to fences; decorative and natural and derived from Code 1969, § 5.36; Code 1977, § 28-64; Ord. No. 23FF, § 1, adopted Oct. 12, 1982; Ord. No. 287, § 2, adopted July 8, 2002; and Ord. No. 373, adopted Feb. 24, 2014.