§ 14-56. Fencing on residential properties.

(a)

Fence. For the purposes of this section, a fence is defined as a tangible barrier constructed of any allowable material erected to enclose, screen, or separate areas. On properties zoned or developed for residential purposes, allowable fencing materials shall include wood, metal tubing or wrought iron, stone, masonry and chain link. Vinyl or fiberglass composite materials may be utilized if the materials is listed, designed, and constructed for fencing materials. Fencing material on property zoned or developed for residential purposes shall not use rope, string, wire products including but not limited to chicken wire, hog wire, wire fabric, barbed wire, razor ribbon wire and similar welded or woven wire fabrics, chain, netting, cut or broken glass, paper, metal panels, corrugated metal panels, galvanized sheet metal, plywood, tarps, fiberglass panels or plastic panels or any other materials that are not manufactured specifically as fencing materials.

(b)

Exemptions. The following exemptions to the provisions of subsection (a) shall apply:

(1)

A fence may be constructed of barbed wire if the property to be fenced is at least one (1) acre in area and utilized for keeping of large domestic animals as identified in section 27-701-2 of the Unified Development Ordinance.

(2)

Any non-conforming fence in existence at the time of the adoption of this division shall be given six (6) months to comply with these provisions.

(c)

Variances. In instances where strict enforcement of the requirements of this section would cause undue hardship due to circumstances unique to the individual property under consideration, and the granting of such variance is demonstrated to be within the spirit and intent of the provisions of this section, the property owners appeals board may grant a variance of the requirements of the section according to the following guidelines:

(1)

Upon showing required by (2) below, the property owners appeals board may modify the requirements of subsection (a) to the extent deemed just and proper so as to relieve such hardship, provided that such relief is capable of being granted without detriment to the public interest.

(2)

When the applicant can show the property was acquired in good faith and whereby reason of extraordinary situation or condition the strict application of subsection (a) would prohibit or unreasonably restrict the use of the property, and the property owners appeals board is satisfied that the granting of a variance would alleviate a hardship as distinguished from a special privilege or convenience sought by the applicant, such variance may be granted; provided that all variances shall be in harmony with the intended purpose of this section.

(3)

Any property owner aggrieved by the property owners appeals board in granting or denying a variance may appeal the decision to a court of competent jurisdiction within thirty (30) days of the property owners appeals board's decision.

(Ord. No. 7-11, § 1, 2-3-11)