A. Applicability. Fences are permissible in all residential districts and are mandatory for other specific uses and shall be erected as required. The regulations apply to all fences regardless of the construction material used.

B. Electric Fences. No electrically charged fences shall be permitted in the city except in S-R, RMH-S, and A-R Districts where required for containing livestock.

C. Barbed Wire. No barbed wire or other sharp pointed material shall be used in the construction of a fence unless said material is over six feet above grade except in S-R, RMH-S, and A-R Districts where required for containing livestock.

D. Public Areas. Fences which enclose school grounds, public playgrounds, tennis courts, public swimming pools, or other public areas may be erected to a height in excess of six feet as approved by the planning commission and/or development review board.

E. Swimming Pools. Fencing shall be required around all swimming pools in accordance with Section 6-7.1 of this code.

F. Non-Residential Development. Development of any property of a nonresidential nature shall include a six foot solid fence along the rear and side property lines where such property abuts or rears on property zoned or used for residential purposes.

G. Maximum Height in Residential Districts. In all residential districts the height limitations for fences located in the front, rear, and side setbacks on interior and corner lots are as follows:

1. Interior Lots.

a. Front Yard Setback. Maximum height not to exceed four feet above grade.

b. Rear Yard Setback. Maximum height not to exceed six feet above grade.

c. Side Yard Setback. Maximum height not to exceed six feet above grade.

2. Corner Lots.

a. Front Yard Setback. Maximum height not to exceed four feet above grade for a non-sight obscuring fence.

b. Rear Yard Setback. Maximum height not to exceed six feet above grade.

c. Side Yard Setback. Fences located in the side yard adjacent to the street shall not exceed a height of four feet above grade for a non-sight obscuring fence. Fences located in the setback on the interior side of the lot, adjacent to the next lot, shall not exceed a height of six feet above grade.

3. Multiple Family Residential Lots. All residential projects containing two or more residential units shall be fenced along the side and rear property lines. A project occupying two or more adjacent parcels may be fenced along the boundary of the project in lieu of fencing individual parcels.

H. No gates shall be allowed to protrude into sidewalk areas.

I. Refuse Collection Areas.

1. Except for single family residential developments, all areas used for refuse collection shall be enclosed by fencing and walls. In multiple family residential and professional office developments, an enclosure of not less than three feet in height may be allowed when trash cans are used for refuse collection. In all other developments areas used for refuse collection shall be enclosed by fencing or walls at least six feet in height. Gates on all refuse collection areas shall be lockable.

2. Mandated fencing shall consist of chain link fencing with wood slats, decorative plastic, or reinforced masonry walls. Gates shall be of chain link construction with wood slats. All refuse collection areas shall be on concrete slabs.

J. Permits.

1. General. No fence shall hereafter be erected, constructed, altered, or maintained except as provide by this section and a permit for the same has been issued by the building official. A separate permit shall be required for each fence, however, no separate permit shall be required for new construction where the fence is included in the originally approved plans.

2. Application. Application for a fence permit shall be made in writing upon forms furnished by the building official. The application shall set forth the location of the proposed fence by street address together with the name and address of the owner and fence contractor or erector. The building official may require the filing of plans and other pertinent information when such information is necessary to ensure compliance with this section. An application may be subject to the approval of the development review board.

3. Fees.* Fence plan check and permit fees shall be set by resolution of the Oroville city council, and shall be paid to the city of Oroville at the time the application for a fence permit is filed. No additional fee shall be required for new construction where the fence is included in the originally approved plans and a building permit fee paid.

4. Maintenance. All fences together with their supports, braces, guys, and anchors shall be kept in good repair and in a proper state of preservation. Failure to comply with this section will be a violation of this section.

5. Inspections. All fences for which a permit is required shall be subject to inspection by the building official. (Ord. No, 1545 § 2.)