Permit fee: $25.00
Plan requirements: site plan or survey with location of fence.
Section 28 of the Unified Development Code
8.28.1 No fence in a single family detached, single family attached and two-family residential zoned area that is erected along the front street property line or between a required front yard setback of the main building and the front street property line shall be erected higher than thirty-six (36) inches. (3’ solid fence 4’ transparent fence)
On corner lots no fence in a residential zoned area that is erected along the side street property line shall be erected higher than thirty-six (36) inches for a distance of fifty (50) feet as measured from the front street curb line. This requirement does not apply in the following situations:
- When the fence is transparent it may be forty-eight (48) inches in height. Transparent fencing materials include wrought iron, chain link, rail, and picket fences where at least 50 percent of the fence profile is transparent, but subject to the prohibition listed in Section 8.28.4 of this Article.
- The Planning and Zoning Commission may approve solid fences greater than thirty-six (36) inches in height along street frontages adjacent to Multi-Family developments through submittal and approval of a site plan in accordance with Article XVI, "Site Plan Approval" of this Unified Development Code.
8.28.2 No fence in a residential zoned area located in any other area above of the property shall be erected higher than eight (8) feet. The fences located on interior lot lines may be graduated in height along the side lot lines from the maximum height of eight (8) feet, on the highest grade along the property line at the front building line as required by this ordinance, to the maximum height of thirty-six (36) inches along the front street property line. This requirement does not apply in the following situations:
- When the fence is erected to enclose property that is in acreage and used for enclosing animals or agriculture. No fence, however, shall be erected higher than eight (8) feet.
- Fences erected by the City or utility companies to enclose an allowable non-residential use.
8.28.3 Fences in non residential or multi family zoned areas shall be transparent at the minimum required building setback lines adjacent to streets. Transparent fencing materials include wrought iron style fences and chain link fences where at least 50 percent of the fence profile is transparent. Fences in the required building setbacks adjacent to designated arterials and collectors must be of a wrought iron design style. No provision contained herein shall alter any provision which requires any business area to have a screening fence.
8.28.4 No fence likely to endanger the health and safety of the public shall be located in an area with the density of three (3) residences per acre or greater (Barbed wire, electrified wire (6 volt maximum), or like material). Public utilities shall be exempted.
8.28.5 Residential fences shall be composed of materials recognized as standard fencing material. Materials used for fencing, such as corrugated metal or corrugated fiberglass, shall not be used in the construction of a residential fence.
8.28.6 Visibility Triangle
On corner lots, no fence shall be constructed within a 30 ft visibility triangle or obstruct a minimum visibility line as established by the Director of Transportation Services for an intersection. The right angle of the visibility triangle shall be established at the point where the curb lines would intersect in the street if the curbs were extended beyond the curb return radius.
8.28.7 Exceptions to the requirements of this Section may be granted by the Zoning Board of Adjustments and Appeals upon satisfaction of the following criteria:
- A. proposed fence is primarily for security purposes, and
- B. proposed fence is composed of materials recognized as normal fencing material including, but not limited to, chain link and wood, and does not include such materials as corrugated metal or fiberglass.
SECTION 29 - FENCE MAINTENANCE
8.29.1 The area in front of any required screening wall or fence shall be maintained in a clean and orderly condition, free of weeds in excess of twelve (12) inches in height, debris, and trash.
8.29.2 Any type of fence treatment shall be a minimum of six (6) feet from said tree to allow access for maintenance on major thoroughfares behind the street tree buffer.
8.29.3 Required fence elements shall be maintained in a neat, orderly, and sound manner at all times. Fences shall be in an upright position with all panels, wall brick or other parts in place and firmly attached. Replacement of broken or missing parts shall occur on a prompt and regular basics.
8.29.4 All fences shall be maintained by the property owner or a duly established property owners association or Public Improvement District. Ultimately, the property owner shall be responsible for maintenance of the required improvements in a manner consistent with the original installation requirements.
8.29.5 For all new residential subdivisions with required fences platted after May 1, 1998, deed restrictions must be filed for lots with a required fence notifying the lot owner of these fence maintenance requirements and authorizing the City to perform the needed maintenance and place a lien against a property to reimburse the City for associated costs, after proper notice has been given to the property owner.