CHAPTER IV. BUILDING AND CONSTRUCTIONCHAPTER IV. BUILDING AND CONSTRUCTION\ARTICLE 6. FENCES

(a)   Except as otherwise provided in other codes and regulations for the City of White City, the following regulations shall apply to the construction of fences and walls.  Unless specifically noted, the term fence shall be applied equally to a fence, a wall, or a combination fence and wall structure.

(b)   It is the intent of these regulations to improve the safety of city sidewalks and streets through the maintenance of adequate visibility into and from private property and within the public right-of-way and to allow property owners to adequately screen their property without causing undue negative impact to abutting properties by improperly constructed, placed or maintained fence structures. 

(Ord. 2013-4-601)

(a)   All materials, including fasteners, supports and decorations, shall be resistant to the elements. All fences must be maintained in good and sound condition, free of damage, breaks or missing structural members. Used tin, certain plastics, tires and other items not intended as fencing materials are not permitted.

(b)   All fences shall be constructed with a finished surface facing outward from the property. The posts and support beams shall be on the inside or be designed as an integral part of the finished surface.

(c)   Fences that restrict surface drainage, divert or channel storm water flow, or are proposed within a drainage easement shall require prior approval of the City Council. 

(d)   Decorative fences shall be designed so that they are at least 40% transparent, such as split-rail, picket, wrought-iron, or similar and shall not exceed four (4’) feet in height.  Decorative fences shall include chain link fencing. 

(e)   Acceptable livestock fencing, such as welded or wire pasture fencing, barbed wire or electric wire may be used only for agricultural applications.

(f)   At least one gate must be placed in the fence for access to an enclosed area.  A pedestrian gate that is the only access to an enclosed area must be at least three (3) feet wide to allow for passage of emergency personnel and equipment.

(g)   No fence shall be constructed within the road right-of-way or, which will constitute a traffic hazard or obstruct visibility. In all areas, fences may be placed at the joint property line, but in no case shall the fence be closer than 15’ to the back of the curb or the edge of the street. 

(h)   No fence shall be constructed in such a manner or be of such design as to be hazardous or dangerous to persons or animals.

(i)    All posts, bases and other structural parts shall be located completely within the boundaries of the lot on which a fence is located unless a written agreement is executed between the adjoining property owners and filed with the building permit.

(j)    Fences proposed within a utility or other type of easement may be prohibited by the easement holder and nothing herein, or a permit issued hereunder, shall be construed as modifying such prohibition.  Fences or walls constructed within any easement may be removed by the easement holder or their agent and the property owner shall be responsible for repair or replacement of such structures.

(Ord. 2013-4-601)

(a)   Fence height shall mean the maximum vertical dimension from the top of the fence façade to the ground.  Wall height is measured from the bottom of the footing to the top of the façade.

(b)   Fences in the established front yard of a residence or on any joint property line/road right-of-way line shall not exceed four (4’) feet in height.  Fences in side or rear yards shall not exceed six (6’) feet in height. 

(c)   Fences erected upon school grounds; in public parks or playgrounds; or for public or private recreational purposes may be constructed to a greater height when approved as part of an overall site plan, development plan or special use permit. Minimum setback from the property line for such over-height fence shall be equal to or greater than the fence height. 

(Ord. 2013-4-601)

(a)   Abutting road right-of-way:

(1)   Front Yard:  Only decorative fences are allowed in the established front yard of a residence.  Decorative fences may be placed at the property line/road right-of-way line except as provided in Section 4-602 (g).

(2)   Corner or Thru Lot: Fences along the street sides of a corner shall observe the following:

(A)  Decorative fences may be placed on the joint property line/road right-of-way line, except as provided in Section 4-602 (g).

(B)  Fences taller than four (4’) feet or fences that are non-decorative in nature shall be located no closer to the side or rear joint property line/road right-of-way line than 10 feet, except as provided in Section 4-602 (g).

(b)   Side or Rear Yard: On interior lots, fences may be placed on the joint property line except as restricted below.

(Ord. 2013-4-601)

No type of fence shall be constructed or placed without first obtaining a valid building permit from the City Clerk pursuant to Section 4-210.  A fence permit shall also be required whenever extending an existing fence; or when replacing, moving or repairing an existing fence by 50% or more.

(Ord. 2013-4-601)

The fee to erect or extend an existing fence shall be $10 as provided is Section 4-213. The fee herein shall be paid to the city clerk upon obtaining a building permit and the same shall be credited to the general operating fund of the city.

(Ord. 2013-4-601)