(a) Nothing in this Section changes the requirements or standards for “Fencing or Safety Barriers” included in Section 25.755.9 of Chapter 25 (Land Development Code), pertaining to swimming pools, or solid, wood fence, or landscape buffers as may be required in Section 25.780 of Chapter 25 (Land Development Code).
(b) Except as may be provided above or elsewhere in this Chapter, or by an approved subdivision plat or site plan, a fence or wall shall be permitted only within a side or rear yard, or in a front yard when the depth of the front yard is seventy-five (75) feet or more, or when the fence or wall is decorative in nature, subject to the following provisions:
(1) The maximum height of any such fence or wall shall be:
a. Seven (7) feet when in any side or rear yard, or
b. Six (6) feet when in a front yard having a depth of seventy-five (75) feet or more, or
c. Three (3) feet when the fence or wall is “decorative” and located in the front yard, or
d. Three (3) feet when the fence or wall is within thirty (30) feet of the intersection of two (2) street right-of-way lines or the intersection of said lines extended.
e. Notwithstanding a. and b. above, the maximum height of any section of a fence or wall shall be allowed to deviate by no more than an additional eight (8) inches when the wall is “stepped” to accommodate significantly sloping ground.
(2) Vertical calculation of “height” of a fence shall be made by vertical measurements along the length of the outside face when measured from final, finished grade.
(3) Additional height for any fence or wall may be permitted only upon approval of a variance therefore by the Board of Adjustment, or approval of a plat or site plan by City Council.
(4) The finished side of any such wall or fence shall face out.
(5) No roofing, beams, lattice work, barbed wire, or other material or structure shall be attached to or placed upon such wall or fence.
(6) Hedges and shrubbery shall be permitted within any yard; provided that said hedges and shrubbery shall be maintained so as not to exceed a height of three (3) feet above existing ground level within thirty (30) feet of the intersection of two (2) street right-of-way lines or the intersection of said lines extended. It is the intent of this Section that nothing shall obstruct the line of sight so as to prevent the visibility of an approaching vehicle within the defined visibility triangle.
(7) All fences, walls and hedges shall be regularly maintained to continue their structural integrity, and/or to provide a neat appearance and to preserve the aesthetic character of the neighborhood. In the case of exterior subdivision walls, the homeowner’s association or condominium association shall be jointly and severally responsible with the home/unit owner for the maintenance of said exterior wall as well as the grass or landscaped area between the wall and paved surface of the adjoining roadway. The fabrication of fences and walls shall follow good construction methods, and masonry walls shall have longitudinal footer and bond beam reinforcing steel as well as vertical reinforcing steel at no more than eight (8) feet on center.
(Ord. No. 1065, 3-5-02)
(8) No fences, or walls, other than decorative fences and walls, shall be erected, placed, or located in front yards; except that fences and walls up to six (6) feet in height are permissible in front yards having a depth of seventy-five (75) feet or more. Otherwise, existing front yard fences and walls shall be subject to the provisions of nonconformity contained in Article VIII of this Chapter.
(9) A “decorative” fence or wall may not be constructed of chain link, board-on-board, solid brick, solid masonry, or material similar in appearance. (Examples of acceptable decorative fences or walls are split rail, corral, picket, wrought iron; or, low brick or stucco walls constructed alternately of brick or masonry, and sections of wrought iron, aluminum, or material similar in appearance.)
(10) Landscaping: Where a chain link fence is visible from a street, and is located in a front, rear, or side yard, and the fence is between the house and the street, or, the fence is forward of the front of an adjacent residence, said fence shall be landscaped by self-supporting plant material in such a manner so as to attain screening of the fence with eighty (80) percent opacity within two (2) years of planting. Chain link fences which were in existence prior to the enactment of new standards on May 5, 1992, shall meet this landscaping requirement prior to July 1, 1994, and have landscaping in place no later than December 1, 1992. Exception: Chain link fences along side or rear property lines when any part of the side or rear yard fence is forward of the front of an adjacent house need not be landscaped except when the lot is a corner lot.
(11) Chain link fences are prohibited in front yards except on “deep lots” (a lot where the front yard has a depth of at least seventy-five (75) feet), or where properly “grandfathered.”
(12) The height of a gate, or the gate posts, or columns, shall not exceed one hundred-twenty (120) percent of the maximum height of the fence or wall.
(Ord. No. 164, 7-19-66; Ord. No. 223, 1-6-70; Ord. No. 419, 3-3-81; Ord. No. 726, 4-17-90; Ord. No. 786,9-3-91; Ord. No. 812, 5-5-92)
