18 - Amendments to the Fence Regulations City Code Article 4-11Item No. 18
�a a
TO: Mayor, Mayor Pro -Tem & City Council
Grayson Path, City Manager
FROM: Andrew Mack, AICP Director Planning & Community Development
SUBJECT: An Ordinance Amending the Fence Regulations City Code Article 4-11
MTG. DATE: October 25, 2021
BACKGROUND & DISCUSSION
At its meetings held on both April 12 & 26, 2021 extensive discussions were held regarding a
number of considerations regarding the fence regulations following citizen's concerns regarding
the orientation or direction of the posts for privacy fences. Following staff review of the ordinance
regulations substantially updated for the City and adopted on 3/28/2008, a number of factors were
presented to the City Council for consideration, including preliminary research on what other
surrounding communities are doing regarding fence regulations. Since that time staff completed
review and update of the regulations which are presented for Council consideration and ordinance
revision adoption as attached to this report.
In addition to a number of minor wording and technical updates, the primary components of the
revisions include the following provisions:
Fence Permit Requirements. The requirements for obtaining a permit to construct a fence vary from
community to community. Staff's recommendation, and Council concurred, not to require a permit for
construction of a fence. The main reason for this is two -fold. 1. Greater staff time is required for
permitting and inspections. 2. Once the City issues a permit, arguments can arise between neighboring
property owners with regard to where the fence is constructed in relation to the property line. Additional
surveying fees can be expensive when added to the cost for a new fence and is commonly avoided. The
location of the property line is a land owner responsibility and not the City's. However, once the City
approves a permit for a fence and disputes arise between neighbors, the City can frequently be brought
into the middle of the dispute which can place the City in a position of having to defend its position of
not being responsible for such civil disputes. This involves more staff time to assist with research and/or
help with best available information. It is not a productive use of staff time when such instances occur
and worse, can leave an unfavorable viewpoint of the homeowner towards their city government
services. The Council agreed to eliminate the permit requirement, except where an engineering review
analysis is required by either State Pool code requirements in conjunction with a pool, or by the
International Code Congress (ICC) for solid fence structures exceeding seven (7) feet in height or greater
requiring structural engineering analysis. The COA permit for historic districts will continue to remain
in place with respect to regulating the type of materials that fences may be constructed of in those
Page 1 of 2
designated residential districts. By eliminating the permit requirements, the remaining standards would
still apply. They would then be enforced on a complaint basis when reported or identified by code
enforcement, building and planning staff on a case-by-case basis when necessary.
2. Fence Height Requirements. A concern was identified with regard to allowing fences in the side and
rear yards up to a height of eight (8) feet in residential neighborhoods. But following research conducted
of surrounding communities, it was concluded that allowing the 8 feet height was appropriate given a
number of fences constructed to this height for Paris homes. Again, according to the ICC structural
engineering plans are required for fences over 7 feet in height to verify wind loading and assure that they
will not fall over and cause injury or damage to property. This has not been done in the past and will
continue to require a permit with the structural plans. From my experience, this will have the effect of
limiting fences in residential areas to a height of less than 8 feet. Taller fences over 7 feet can further
reduce air and light in side and rear yards with smaller lots which can impact health or psychological
effect of being more boxed into a yard by causing the feeling of more structure massing on lots and the
effects of claustrophobia. During the review of the regulations, it was also determined that several
variances were being approved to allow smaller fences in the front yard. The ordinance was also
conflicted on this subject with the way the language was written, and such fences were permitted in the
historic residential district. Provisions are now made to allow fences not exceeding 42" in height in the
front yard with restrictions on the type of materials and required openness. This will provide for greater
consistency throughout the City and eliminate the need for routine variances.
3. Fence Facing/Orientation Requirements. The placement of the post -side of the fence as being
required to face inward toward the rear and side yards of the lot was the principal concern expressed in
April. It was the consensus of the Council to have the standards allow the fence to face either direction
in the side or rear yard, but to require the smooth side of the fence to face outwards on where facing the
street or public property.:
PUBLIC INPUT
In April City Council received extensive input and held discussions on the need to update the fence
regulations at both the Citizens Forum and a subsequent agenda item where Staff provided research
findings and Council directed staff to proceed with changes to the ordinance.
RECOMMENDATION
Staff recommends approval of the amendments to the Fence Regulations updating City Code
Article 4.11.
Page 2 of 2
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AMENDING THE CITY OF PARIS CODE OF ORDINANCES BY AMENDING
ARTICLE 4-11, "FENCE REGULATIONS", ARTICLE 4.11.05, "PERMIT AND
INSPECTIONS"; PROVIDING A REPEALER CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A
PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on March 28, 2008, the City Council of the City of Paris, Texas adopted
Ordinance No. 2008-008 related to Fence Regulations; and
WHEREAS, on April 12, 2021 and April 26, 2021 during regular City Council meetings
extensive discussions were held regarding a number of considerations concerning the fence
regulations, including the orientation or direction of the posts for privacy fences, leading
staff to review the ordinance regulations including preliminary research as to what other
surrounding communities are doing regarding fence regulations; and
WHEREAS, since that time, staff completed a review and update of the regulation
which are presented for Council consideration and ordinance revision adoption as attached
herewith in Exhibit A; and
WHEREAS, the primary components of the revisions include Fence Permit
Requirements, Fence height Requirements, and Fence Facing /Orientation Requirements;
and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS:
Section 1. That the findings set out in the preamble to this ordinance are hereby in
all things approved.
Section 2. That Code of Ordinances Article 4-11 and "Fence Regulations," shall be
amended to read in its entirety as set forth herein in Exhibit A. attached hereto and
incorporated herein as if set forth in full.
Section 3. That all provisions of the ordinances of the City of Paris, Texas in conflict
with the provisions of this ordinance are hereby repealed, and all other provisions of the
ordinances of the City of Paris not in conflict with the provisions of this ordinance shall
remain in full force and effect.
Section 4. That the repeal of any ordinance or part of ordinances affected by the
1
enactment of this ordinance shall not be construed as abandoning any action now pending
under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering any
penalty accruing or to accrue, or as affecting any rights of the municipality under any section
or provisions of any ordinance at the time of passage of this ordinance.
Section 5. That it is the intention of the City Council of the City of Paris that this
ordinance, and every provision hereof, shall be considered severable, and the invalidity or
partial invalidity of any section, clause, or provisions of this ordinance shall not affect the
validity of any other portion of this ordinance.
Section 6. That any person violating any provision of this ordinance shall be guilty
of a misdemeanor, and upon conviction, shall be subject to a fine in accordance with
provisions of Sec. 1.01.009 of the City of Paris Code of Ordinances, and each and every day's
continuance of any violation of the above -enumerated sections shall constitute and be
deemed a separate offense.
Section 7. This ordinance shall become effective on from and after its passage and
publication as required by law.
PASSED AND ADOPTED on this 25th day of October, 2021 by the City Council of the
City of Paris, Texas in regular session following notice and publication as required by law.
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney
2
Paula Portugal, Mayor
AN ORDINANCE AMENDING ARTICLE 4.11 FENCES
Sec. 4.11.001 Definitions
Average. grade. The average point between the lowest point of elevation of the finished surface
of the ground, paving, or sidewalk and the highest point.
Chain-link fence. A fence structure made of metal fence fabric attached to galvanized or wooden
posts in an approved and workmanlike manner.
Chief building official. The chief building official of the city or his designee.
Corner property.
(1) Property which abuts an alley, parking lot, or driveway and a street.
(2) Property which abuts two (2) streets.
(3) Property whose common lot line between two (2) or more adjacent properties
forms different yards.
Electrical fence. A barrier that uses painful or even lethal high-voltage electric shocks to deter
animals or people from crossing a boundary.
Fence. A structure or hedge serving as an enclosure, barrier, or boundary made of either metal,
wire, naturally durable wood, treated wood, synthetic material, or plant material as defined herein.
A fence shall not include equipment screening devices as may be required under the design
standards for historic districts.
Fence arm. An arm that projects from the top of a fence, typically to hold barbed wire.
Front yard. An open space unoccupied by a principal structure on a lot facing a street, extending
across the full width of the front of a lot between the side lot lines, and in front of the front -most
corners of the principal structure, including any unenclosed portion of a front porch, carport,
portico, or other unenclosed structure located beyond the front face of the principal structure.
Hedge. Cultivated plant material, deciduous, or evergreen plant material planted in such a manner
so as to constitute a fence.
Hei ht. The distance measured from the existing average grade of adjoining properties to the top
of the tallest structural member of a fence.
Hilal ^ui°°uruaUonaj__...Bu Hdh', Code. .. I ���.�.... mama' � al,,,..B�di�i v � JIllwlll..� � �Ilwm wwf�uwii � ��q �u�..,., t �1 l
uu ui u n Illi is uur° uliil � IIIinteui u�uafloinWu 3 u IIII lii � gu m � er iifla'I tool leu ph i mss �o wl wll�c hal m iii id *�u�ull ��1
" .w._ .. __._.._.__......____..._ ..__...__,,,,,,,,,,,,,,,,,,_... i,,,,,,,
mem ui w o�uuwriau t�yl1iti�ut em0ir nii���n 1 addiimmu � * des"�1u�u.w�eii
u uiui *tallnaIl u of i"riateid6sI.Ilhmwi ui iii tee .p aiindwwsal � �w
Metal `R" wall )anel. A metal "R" panel, also known as a rib panel, is a wide panel that is very
high in strength. The metal "R" panel is normally made from aluminum or metallic coated steel
Page 1 of 11
and is typically available with a rib height of one and one-half (1.5) inches and width of thirty-two
(32) inches to thirty-nine (39) inches per panel.
Nonconforming fence. A fence located within the corporate city limits which does not conform with
the requirements or standards of this article, but which was lawfully constructed and in existence
and in safe condition on the day that this article was enacted by the city council.
PrivacZ fence. A fence structure consisting of material constructed to inhibit sight through said
fence.
Properly maintained. Maintained in a workmanlike manner and kept in a condition of good repair,
with no missing or broken parts, and generally plumb, level, in line, and unmarred.
Rear Zard. An open space unoccupied by a principal structure extending for the full width of the
lot between the principal structure and the rear lot line, and behind the back -most corners of the
building line of the principal structure.
Ri ht-of-wa and easement. The area between the property line and the curb or street edge.
Screening_device. A solid fence, wall, or other barrier designed to conceal property from public
view.
Side_ hard. An open space unoccupied by a principal structure, situated between the building and
the side line of the lot, and extending through from the front yard to the rear line of the lot, including
any unenclosed portion of a side porch, carport, portico, or other unenclosed structure located
beyond the side of the principal structure. Any lot line not a rear line or a front line shall be deemed
a side line.
N.,Pr
mw9�vii�� ��uiuillm�gi� II iu„i,�„�m���.!�.�����rvwiiure�t,..ui���,��iira�,-twe,iiiit I��e....�_IIII �ujw�ro��wl��w�l�r�wiw ii��mw w�n�� ���.���1� ���)jwtwo
II m... �m�pium wlw6lll�a for Ih=.nr I h. . , i�, I,.,a � I�.,y�.Irlhstreet ;imd
..vI�ma .
�.
T-posf. A fence post, usually of metal, designed to support fencing materials.
Wire fence. Fencing constructed of wire or similar materials; includes fences using T -posts, hog,
chicken, or other penning materials.
Workmanlike. Executed in a skilled manner, e.g., generally plumb, level, square, in line,
undamaged, and without marring adjacent work.
Yard. Front yard, rear yard, and side yard as defined herein.
(Ordinance 2008-008, sec. 2, adopted 3/24/08; 1988 Code, sec. 11.5-1)
Sec. 4.11.002 Dangerous fences declared nuisance; removal by city
Any fence which is or has become dangerous to public safety, health, or welfare is hereby
declared a public nuisance and is subject to removal by the city upon failure by the fence owner
to take necessary action to repair, replace, or remove such fence after due notice as provided
herein. (Ordinance 2008-008, sec. 2, adopted 3/24/08; 1988 Code, sec. 11.5-2)
Page 2 of 11
Sec. 4.11.003 General standards
(a) Fence materials and types.
(1) General standards.
(A) Fences may be constructed of stone, masonry, brick, wrought iron, durable
or treated wood, polyvinyl chloride (PVC) fencing materials, chain-link, or other
materials of like kind that the chief building official determines have the same
quality, appearance, and durability. All materials must be of the type that is
customarily used in residential landscaping.
(B) All fencing materials used throughout the property must be complementary
of each other.
(C) All fences must be constructed in a neat and workmanlike manner, in
accordance with manufacturers' specifications, and shall be properly maintained
at all times.
(2) Chain-link fences.
(A) Chain-link fences less than five (5) feet in height in residential districts shall
have the finished edge of the material on the top of the fence.
(B) Chain-link fences are prohibited in front yards in uses other than industrial.
(3) Masonry fences. Any stone, masonry, or brick wall or fence constructed of similar
materials greater than four feet in height shall be submitted on properly drawn plans
and sealed by a registered professional engineer; the plans shall be submitted to the
city engineer for review and approval prior to beginning construction.
(4) Electric fences. A fence constructed to intentionally conduct electrical current
shall not be permitted in any zoning district except agricultural districts; however, in no
case shall electric fences be permitted adjacent to a lot , one for sw`ingl l°
which as used for residential purposes.
(5) Barbed wire fences. Barbed wire fences are permitted in agricultural districts on
property over four (4) acres and in LI and H I districts; however, in no case shall barbed
wire fences be permitted on property in agricultural districts that are located adjacent
to a lot mxm ...fo1_�iigi �e 01 MUIIbrn 111 mctu aiiieid wN u � sm used for residential
purposes.
(6) Fence arms. Fence arms shall not be permitted in any zoning district except LI
and HI districts; however, in no case shall fence arms extend beyond the property line.
(7) Prohibited materials. The following fencing materials are not permitted in any
zoning classification:
(A) Fences utilizing materials that are not commonly used in residential
landscaping and which are historically intended for temporary uses only.
Page 3 of 11
(B) Fences incorporating woven wire mesh (chicken wire), welded wire mesh,
woven wire (hog wire), or other penning materials, on property that is not zoned
and actively used for agricultural purposes; however, such pens may not be
located within one hundred (100) feet of property zongj tw.Mr S ill1(11e..c u.urii uri ii iwlll °w w iiil
w;mimluMric ruurnri
�� ��� 'i is used for residential purposes.
(C) Fences incorporating T -posts as the structural support for the fencing
materials.
(D) Fences made up of or utilizing rope, cable, railroad ties, utility poles, or
any other similar materials or materials not specifically manufactured for
permanent fencing; however, cable fencing may be utilized in city parks or on
other city recreational property.
(E) Corn cribbing (snow) fences.
(F) Fences made of sheet metal, fiberglass, solid plywood, scrap lumber,
pallets, temporary fencing, or other non -customary materials.
(G) Fences made of common concrete, hadite, or non -decorative cinderblock.
(b) Fence height,.
(1) Front yard fence requirements.
A CJs Fences °M aU......' "..:::..':'... m the front yard witf}:mw wu°willu,.ww
to the following L pgMiiiu° w; °wm g:
(i) On lots zoned Historic Overlay District (HD) and in accordance with
the design standards adopted by the historic preservation commission ui i
� ��)'Zei ed' j r �M�;: two ;i... � � W�� iivL� hiprvu vpi IIIc ;l..
(ii) On lots in excess of two (2) acres in size which are used for single-
family residential purposes.
(iii) On lots which are zoned and used for LI or HI purposes.
(B) If PeFFS itted, Ornamental fences may bei„�JII„ Wiwi „ i rrWiitted in a front yard
in residentially zoned areas. i .� isjuiriu I as ain wNr1Giwrww OF .
wrr�i� ... .w i� �� .
Ornamental fences include such things as split rail, picket, decorated metal, and
brick fences, but not such things as chain-link, wire, or other similar fences.
(C) In residentially zoned areas, no fence over forty-two (42") inches in height
above the average grade of the yard shall be permitted from the front building
line to the street right-of-way line.
(D) In residentially zoned areas, all front yard fences shall have a minimum of
fifty (50) percent open area for passage of air and light.
Page 4 of 11
(E) _0iin c rlmt r i t wwith two stu )et lnwnl ages, or i stue l and ain �,N 'ii �wwmn�w, Jlllll
� � Ill�� it...� iii �� nce W°idllll be 4 oiirstr cle��nuiiiin ��l�m �.. w� S�l
(2) Side yard fence re - uirements. Fences may be constructed to a maximum height
of eight (8) feet on any side property line up to the building line of the principal
structure.
(3) Rear yardJence,reguirements. Fences may be constructed to a maximum height
of eight (8) feet on the rear property line up to the building line of the principal structure.
(4) Corner lot fence requirements, areas used or zoned for residential purposes.
(A) On all corner lots in residential districts which have opposing rear lot lines,
whether directly or across an alley, fences may be constructed to a maximum
height of eight (8) feet along the side and rear yard lines.
(5) Fences adjacent to subdivision screening wall. No fence adjacent to a required
subdivision screening wall, whether parallel or perpendicular to the wall, may be
constructed higher than the height of the subdivision screening wall unless granted a
variance by the board of adjustment.
(6) Tennis court fences. Fences around tennis courts, regardless of the district in
which they are located, may be constructed to a maximum height of twelve (12) feet.
Such fences shall be chain-link or other open -view material so as to minimize the
visual impact of the fence. Fence arms shall not be allowed on tennis court fences.
(c) Other fence standards.
(1) Every fenced enclosure constructed under the provisions of this article shall have
at least one (1) gate in its perimeter.
(2) In the event subdivision regulations, deed restrictions, or other restrictive
covenants regulate fence height, location or construction, the more restrictive
regulations shall apply.
(3) For all fences, the installing ::[!y ME construct a privacy fence with the post
side facing either the installing party's property or the opposite direction. except when
the fence is facing adjaGen"pewfies Or the public right-of-way, park, school, or other
public area.
(Ordinance 2008-008, sec. 2, adopted 3/24/08; 1988 Code, sec. 11.5-3)
Sec. 4.11.004 Prohibited conditions
The following shall be prohibited:
(1) No fence shall be constructed on or in that portion of any corner lot which is
. mt triangle on the street corner of the lot �l�t�����nm�������4�°
includedm a ..�.lw�..l'::....:, g ..
l 20,l.....:i t #or;.. the 6#6et GGFROF
The city engineer may require additional sight
Page 5 of 11
distances to be maintained where specific conditions render such provisions
necessary to provide for the public health and safety.
(2) No fence shall be constructed within any drainage easement in the corporate
limits of the city or the ETJ unless the city engineer shall have first determined and
advised the chief building official, in writing, that he believes such fence shall, in all
probability, not interfere with or impair the natural flow of water across the drainage
easement.
(3) No fence shall be constructed on a vacant lot beyond the average front setback
line of adjacent structures within the same block.
(4) Fences, guy wires, braces or structural members of any fence constructed upon
or protruding over property over which the city or the general public has dominion and
control, owns or has an easement over, under, around or through, except upon utility
easements which are permitted to be fenced as provided herein.
(5) Spikes, nails, barbed wire, razor wire, or other sharp pointed instruments affixed,
placed upon, or allowed to exist in any manner attached to a fence or part of a fence
except as specifically allowed herein.
(6) Any fence installation, addition or improvement utilizing electricity or electrical
components except as specifically allowed herein.
(7) Fences which deny access to, or the visibility of, fire hydrants, water meter wells,
or other utility metering devices.
(8) Fences which illegally restrict visibility for vehicular or pedestrian traffic as
detern°�aned i::..wh Ci WEniiia w ih°:, ment arv:M "m Unity � ii'n ra pt
(9) Damaged or unstable fences if the condition of the fence is a hazard to the
health, safety, and/or welfare of the general public.
(10) Fences consisting of broken concrete, hadite or cinderblock, or other
unauthorized materials to be stacked in piles or rows.
(11) Fences or living screen hedges so constructed or planted that disrupt or divert
the natural flow of water or drainage.
(12) Fences or hedges erected or installed except as allowed herein.
(Ordinance 2008-008, sec. 2, adopted 3/24/08; 1988 Code, sec. 11.5-4)
Sec. 4.11.005 Permit and inspection
(a) Permits.
(1) Required. It shall be unlawful for any person to install or cause to be installed or
to permit any person to install a fence, or to make any alterations, additions, or
Page 6 of 11
changes to a fence �f[:..�f...�wwu ulf lug rmrm � m� fllml� _see n.(2'" ��" :�. r illllmp��il� � �Ill� iu�m��� a ili°wfl�,m
emu mil 11��mmlwi� µ �imml illi m��Ii�mu�mmuim���IR i(�li i�illIII�(j�"'�ullIIIIIbwll without
9 p P g .A��..,
first having procured a permit to do so from the Chief Building Official. Ilf(wwfl� wmewwll"�elle.
M.ol" 1 Miirmwsst . ...Ilw..�lllwlll
mul m "u 1 m�� a wW Cpl � w 111 it m IC i� ll'� IIIw Ill mw�^_ st fill liI n H to w(pm l m m f lm_2 g�Eft d III �� :... IIm V ( iince
o�wwlll�w�w �aiirle ��ll1owed �iui coiii f Mfr miw(��( allies �m��w u� � wulw� ..wwifl1iiw�milwwt a
pm�u�m�l muii
II Um event fl'mil ,, wm.11m 11 immf lig immliifli�lmry Ilya flllmm;m liif 2u ulm 6ved ucmTourmfim.u� �� .i'�;rvmmmm
s t °;n� 1 „„ :���m� effective ip�. wa:.... .. .,�� it �. ° is .., q pi::m,
m �.mm ���.fur��m ���� ffimul m�uum�u m mf iuwulumnmuwpmlii ��.��� m l -m�rl .mlt
flllll��� iW��.��ml
��.-
Staff..................
...w� ! IIIIJ n spm , im� I�mm I II ��_.. �.Im � f muiul��. ilii mm u�l �fll�mu..f.....pi.._.�. of
w.._. _ w.� mlum°m�nllnilmm�Il m ...
m�vm �mm�m...
m.m.l..lu�mm.mm � mmmi I IIIm �u g� m�wIl�m llr m�ur IIIA sulm Ilmlf who mu �immmf µmi fim f ul�lm sIIIr wllllll �
e " stai idaii-idsa dmfmm mnlllm maflllll m iiI llf"IDadato °f°Illetl meIII a Aoklfiomi of
ffiese..stan&aii i f ry m f µiiind worm m m im .. ummmm ,,. wwum :ff... m 11 mwmd.�l�m Ill w :,.illlilii .g �llwmmf�� lY ��� (eiiiice
owner accoric, l inc to flIie ado ts einforg;en lu �u t f I "�iiri°f�,�
Texas.
s.
(2) Fee. The fee for the p fer1 e permit, 'jiI required by this section, shall be as set
forth in the fee schedule in0;� pgm 1 j x A, of this code and shall be paid prior to the
issuance of the permit.
(3) Plot plan. The Chief Building Official shall require a plot plan showing the lot
size, all improvements on the lot, and the proposed location of the fence to be
constructed, lif a permit aiiuil Ili ii°„ this section. The plot plan need not meet the
requirements of a plat; however, it shall contain sufficient information to allow the Chief
Building Official to provide an adequate review of the application.
(4) Fence plans. The Chief Building Official shall require detailed plans for all fences
! rvpIgN!rg fg pg� ,' i t. The Chief Building Official, or Ns designee may require conditions
or revisions 44e deemed appropriate to achieve the intent of this article. The plans may
include manufacturer specificationsr uc'IuW � ii',iqi� 11Iodllll m lli in, and installation
instructions, so long as the information provided to the chief building official is sufficient
to provide an adequate review of the application.
(b) Inspection required.
(1) When any fence for which a permit has been issued under this division is
completed, it must be inspected by the chief building official or his designee for
compliance with this article and applicable construction codes. The chief building
official's office shall be notified upon completion of the fence.
(2) The chief building official will certify acceptance if the fence complies with the
provisions of this article or reject the fence if it does not so comply.
(3) The owner of the property shall be required to remove any noncompliant fence
or replace it with a fence that does comply,
(c) Responsibilities of permit applicant.
Page 7 of 11
(1) Fence g gy p „ m rrrru a ppm are responsible for the determination
and location of easements, rights-of-way, and utilities prior toliiii w,www ;wwlllwlllww;w�wli'w ii �: f a fence
and [2,,r -construction of fences.
(2) Fence ap{!34wGaRtS shall be responsible for researching
and complying with all private deed restrictions or private subdivision requirements.
(Ordinance 2008-008, sec. 2, adopted 3/24108; 1988 Code, sec. 11.5-5; Ordinance adopting
2021 Code)
Sec. 4.11.006 Screening devices
(a) When w1'2„gg,iiii„p j ed. Screening devices as described in this section may be a,llllowwJ
p effn:itteld....in areas used for light industrial and heavy industrial activities.
(b) When rewired. All wrecking yards, junkyards, salvage yards, landfills, demolition
businesses, recycling businesses and automotive repair businesses which frequently store
inoperative, wrecked, or dismantled vehicles due to abandonment by owner or for use in obtaining
parts shall be fenced on all sides and shall be screened from view from the public right-of-way
and from adjacent property; provided, however, a screening device as described in subsection
(c)(2) herein shall not be permitted on property that is directly adjacent to or within 100 feet of an
area zoned or used for residential purposes.
(c) Materials.
(1) A p rn:fli:lted.. iiimid....flpill"....j,'22 �a screening device equfi"ed to ' orri tru.ucie t
he At
.1-ast eight (8) feet in height and be constructed of wood, stone, masonry, brick,
decorative concrete block, or other permanent material, have a completely solid area
with no openings, and be permanently maintained.
(2) A required screening device may be constructed of metal "R” wall panels
mounted vertically, with a finished top cap of the same color as the fence panels;
provided, however, metal "R” wall panels may not be used for screening or fencing
within one hundred (100) feet of a residential zoning district or property used for
residential purposes.
(3) A landscaped strip or an earthen berm planted with trees or shrubs (living
screen), including a minimum of eighty (80) percent non -deciduous trees or shrubs
that will achieve sight and noise obstruction, may be provided as a screening device
as an alternative to traditional fencing if approved by the board of adjustment. If a living
screen is approved, the plant materials must be a minimum of six (6) feet in height at
time of planting.
(4) A combination of subsections (c)(2) and (3) may be provided as a screening
device as an alternative to fencing or landscaping alone if approved by the board of
adjustment. If a combination is approved, the screening and plant materials combined
must be a minimum of eight (8) feet in height at time of installation and planting.
(5) Alternate equivalent screening if approved by the board of adjustment.
Page 8 of 11
(d) Standards for screening.
(1) All required screening devices shall be constructed so that the finished side
(good side) of the screening device faces the public or adjacent property. Any
screening device constructed of a material other than stone, brick, or decorative
concrete block shall be finished in a bronze or dark earth -tone color.
(2) All openings in the surface of a screening device for passage shall be equipped
with locking gates equal in height and screening characteristics specified above but
need not be of the same material as the main fence or wall so long as the material is
complementary in nature thereto.
(3) All outdoor storage shall be stored inside the screening device and no junk or
salvage materials may be piled against the exterior of the screening device or stacked
higher on the inside of the screening device than the height of the screening device.
(4) Prior to the issuance of an occupancy permit, all approved screening devices
must be in place and approved by the Chief Building Official, authorized designee.
(5) All screening devices shall be permanently and continually maintained in a neat
and orderly manner as a condition of use. The Chief Building Official may suspend or
revoke a certificate of occupancy for a property if the owner or tenant of the property
fails to adequately maintain a screening device.
(e) Variances. A variance to the requirements of this section may be granted by the board of
adjustment in accordance with the procedure established by this article.
(Ordinance 2008-008, sec. 2, adopted 3/24/08; 1988 Code, sec. 11.5-6)
Sec. 4.11.007 Construction and maintenance standards
(a) Every fence shall be constructed in a substantial, workmanlike manner and of material
reasonably suited for the purpose for which the fence is proposed to be used. Every fence shall
be properly maintained in such condition as to not become or remain in a condition of disrepair or
danger or constitute a hazard, eyesore, or public or private nuisance.
(b) If the fence is located along a boundary between two (2) properties, both sides shall be
maintained by the owner(s) of the fence, � ���Ub[g2 Ig d rfttef re,ementbmi�w len,wV) i 2 � � ;
N'11 rs'
(c) If a fence is erected off the common lot line, the property owner on whose property the fence
is erected shall be responsible for maintaining the space between the fence and the lot line.
(d) Every fence, wall, or hedge shall be maintained in a good and safe condition at all times.
Every damaged, dead, or missing element of any fence, wall, or hedge shall be repaired,
removed, or replaced immediately as provided herein.
(Ordinance 2008-008, sec. 2, adopted 3/24/08; 1988 Code, sec. 11.5-7)
Page 9 of 11
Sec. 4.11.008 Nonconforming fences
(a) Authority to continue. Except as provided below in subsection (e), any nonconforming fence
may be continued so long as it remains otherwise lawful, subject to the regulations of this section.
(b) Ordinary repair and maintenance. Normal maintenance and incidental repair may be
performed on any nonconforming fence or wall; provided, however, that any repair shall,
whenever possible, eliminate or reduce any nonconformity in the element being repaired, and
provided further, however, that this shall not be deemed to authorize any violation of this section.
(c) Alteration, enlargement or moving. A nonconforming fence shall not be changed or altered
in any manner that would increase the degree of its nonconformity, be enlarged or expanded, be
structurally altered to prolong its useful life, or be moved in whole or in part to any other location
where it would remain nonconforming.
(d) Change of fence. A nonconforming fence that has been changed to eliminate its
nonconformity or any element of its nonconformity shall not thereafter be changed to restore such
nonconformity or nonconforming element.
(e) Damage or destruction. Any nonconforming fence (or any nonconforming element of a fence
capable of change or discontinuance separate from other elements of the fence) which has
suffered damage, deterioration or destruction to thirty-five (35) percent or more of its total surface
area shall be removed or brought into conformity with the provisions of this article.
(f) Termination of certain nonconforming fences. The following nonconforming fences, walls or
screening devices shall be removed or modified to comply with the provisions of this article within
thirty (30) days of the effective date of this article to eliminate every nonconformity:
(1) Barbed wire and electrical fences. All nonconforming barbed wire fences and
nonconforming electrical fences located in residentially zoned areas or located on
property used for residential purposes, excepting fences located on agricultural zoned
property as otherwise permitted herein for agricultural purposes.
(2) Dilapidated fences or walls. Each nonconforming fence that is dilapidated or
deteriorated to the extent that the replacement of more than thirty-five (35) percent of
the fence is required.
(3) Fences dangerous to public health safety -.,and welfare. Every nonconforming
fence or hedge that poses a threat to the health, safety, or welfare of any person or to
the general public.
(Ordinance 2008-008, sec. 2, adopted 3/24/08; 1988 Code, sec. 11.5-8)
Sec. 4.11.009 Abatement of violations by city
The procedure for the removal of fences determined by code inspectors to be in violation of this
article shall be the procedure adopted for the removal of substandard structures found in arfi °
,,03 of this chapter. (Ordinance 2008-008, sec. 2, adopted 3/24/08; 1988 Code, sec. 11.5-9)
Page 10 of 11
Sec.4.11.010 Variances
(a) The procedure for seeking a variance to these fencing regulations shall be the procedure
established for variances in section 16 of the zoning ordinance.
(b) A variance may be granted to these regulations if the board of adjustment finds that all of
the following conditions apply:
(1) Unique circumstances exist on the property that make application of specific
requirements in this article unduly burdensome on the applicant;
(2) The variance will have no adverse impact on current or future development;
(3) The variance is in keeping with the spirit of the these regulations and will have a
minimal impact, if any, on the surrounding land uses;
(4) The variance will have no adverse impact on the public health, safety, and
general welfare; and
(5) A financial hardship shall not be considered sufficient grounds for the granting
of a variance.
Page 11 of 11