19.20.120 Fences, Walls, and Hedges.
A. Applicability. These regulations shall apply to fences, walls and hedges for residential use.
B. Restrictions. The following restrictions shall apply to construction, maintenance, repair or placement of fences, walls and hedges and no deviation from these requirements shall be made except as provided in Section 19.12.080:
1. Corner Lot. A maximum of six feet in height anywhere on a corner lot, except as follows:
Side Yard:
a. A maximum of six feet in height anywhere on a side yard of a corner lot except as follows; where closer than twenty feet from the side street property line, a maximum of three feet in height for wood or hedges and up to four feet in height for chain link (without sight obscuring slats).
b. A maximum of three feet in height for wood or hedges and up to four feet in height for chain link (without sight obscuring slats) where closer than twenty feet from a point located by projecting the side street curb and the alley right of way; or from the point of intersection of the street right-of-way and alley if the streets are not curbed.
Front Yard:
c. A maximum of three feet in height for wood or hedges and up to four feet in height for chain link (without sight obscuring slats) where closer than twenty feet from the front street property line (right of way).
2. Interior Lot: A maximum of six feet in height anywhere on an interior lot, provided a maximum of three feet in height for wood or hedges and up to four feet in height for chain link (without sight obscuring slats) where closer than twenty feet from the front property line.
3. Front street fences and side yard fences that join the front street area will be setback five feet from the street curb face.
4. Public Right of Way: Wood and chain link fences on public right of way shall be considered licensed by the city with the building permit. Masonry and/or decorative metal fences shall obtain a standard public right-of-way license approved by council. Fences on public right of way will be removed at the adjacent landowner’s expense within sixty days of terminating said license. Upon request of removal, the fence shall be considered a public nuisance.
5. Driver Visibility: Property owners shall not allow a hedge to grow such that a visibility hazard is created for a driver of a vehicle entering onto public right of way.
6. Fire Hydrants: On a lot with a fire hydrant in the adjacent right of way the fence or hedge can be no closer than four feet to the hydrant.
C. Construction. Fences may be constructed of wood, masonry, chain link or grown as hedges. All construction is to be done in such manner as to leave no sharp of protruding ends, barbs or projections. Hedges must be kept trimmed down to or below maximum allowed height and trimmed back to the outer edge of the property line. Fences shall not be made of materials such as pallets, conveyor chain, hog wire, chicken wire, tin siding, rusted pipe, vehicle bodies, scrap metal, or similar used materials.
D. Barbed wire fences. Fences containing barbed wire shall be prohibited for residential use.
E. Electric fences. Electric fences shall be prohibited.
F. Rear yard access. Every fence built along the alley property line , shall be provided with a gate at least three feet in width so as to provide accessibility to the rear of any building in case of an emergency.
G. Deviations. No deviation may be made from these regulations except with the written approval of the city planning authority, with the right of appeal to the city council. The following criteria shall be established as grounds for variance from the regulations set forth in this chapter:
1. Special circumstances applicable to the property in question or to the intended use that do not apply generally to other properties or classes of use in the same vicinity and zoning classifications;
2. A variance is necessary for the preservation and enjoyment of a substantial property right or use possessed by other property in the same vicinity and in zoning classification which because of special circumstances is denied to the property in question;
3. The granting of a variance will not be materially detrimental to the public welfare or injurious to other property improvements in such vicinity and zoning classification in which the subject property is located;
4. That the granting of a variance will not conflict with the general intent of this chapter.
H. Nuisance--Declaration. All existing fences and new fences hereafter erected in violation of the provisions of this chapter are public nuisances. Such fences are subject to being abated by any means permitted by this code or state law.
I. Nuisance--Abatement. Whenever any fence has become a public nuisance, as herein defined, the building inspector of the city shall notify the owner of record of the premises on which the same is located, or his agent or person having charge or control of said premises, in writing, to obtain a variance, if he can, or to remove or abate such nuisance within sixty days after receiving such notice. The person so notified shall have the right, within the sixty days alternation is so made, no further action will be taken. If the person so notified neglects or refuses to alter, remove or abate such nuisance, the building inspector is authorized to request the city attorney to institute in the name of the city such proceedings as may be necessary, in any court of competent jurisdiction to secure abatement of the same.
J. Violation--Penalty. In addition to the remedy of abatement provided herein, any person, firm or corporation who suffers or permits any nuisance as herein defined to exist or remain upon his, their or its premises or under his, their or its control after having been notified by the building inspector to remove or abate the same is guilty of a civil infraction subject to a fine pursuant to Section 1.20.050 of the George Municipal Code. Each day that a violation is permitted to exist constitutes a separate infraction.