Fences shall be permitted in all yards subject to the following.
(A) Permit required. No person shall construct any fence without first making an application for and securing an administrative permit for fences not exceeding six feet in height and a building permit for fences exceeding six feet in height.
(B) Locations; boundary line fences.
(1) A fence that requires periodic maintenance shall be located no closer than two feet from any side or rear yard lot line on the property of the person constructing the fence. An exception to this may be allowed by administrative permit provided that an agreement addressing construction, maintenance and repair responsibilities, as well as trespass rights, is established between the adjoining property owners and the agreement is determined acceptable to the City Attorney and filed with the County Recorder against the titles of the respective properties. The fence agreement shall provide for amendment or cancellation only upon written approval from the Zoning Administrator.
(2) A fence that is maintenance free, such as a chain link of steel, plastic or vinyl and is acceptable as that to the Zoning Administrator, may be constructed up to the side or rear yard property line.
(3) The city may require the owner of the property upon which a fence now exists, or may require any applicant for a fence permit to establish the boundary lines of the property by a survey thereof to be made by any land surveyor.
(4) No fences shall be placed on or extend into public rights-of-way or onto public property.
(C) Construction and maintenance.
(1) Every fence shall be constructed in a substantial, workmanlike manner and of substantial material reasonably suited for the purpose for which the fence is proposed to be used. Every fence shall be maintained in a condition of reasonable repair and shall not be allowed to become and remain in a condition of disrepair or danger, or constitute a nuisance, public or private. Any fence which is, or has become dangerous to the public safety, health or welfare is a public nuisance and the Zoning Administrator shall commence proper proceedings for the abatement thereof.
(2) The side of any fence considered to be its "face" (i.e., the finished side having no structural supports) shall face abutting property or street right-of-way.
(D) Solid walls. Solid walls up to eight feet in height that are not part of buildings may be constructed and maintained only within the buildable area of a lot.
(E) Traffic sight visibility triangle. On corner lots, no fence or screen shall be permitted within the traffic sight visibility triangle specified by § 152.186 of this chapter.
(F) Residential fencing and screening.
(1) Except as provided herein, fences shall be at least 5% open for passage of air, light and drainage.
(2) Except as provided herein, fences may not exceed six feet in height.
(3) Fences extending across front yards and side yards abutting a public right-of-way shall not exceed 48 inches in height and shall be at least 50% open space for passage of air and light and shall conform to the traffic visibility triangle requirements of § 152.186 of this chapter.
(G) Swimming pool protection.
(1) A permit as described herein shall be required for swimming pools having a depth of 24 inches at any point and a surface area exceeding 150 square feet.
(a) Administrative permit required. Prefabricated swimming pools in which the pool walls are entirely above the adjacent grade and the capacity does not exceed 5,000 gallons shall require an administrative permit before installation.
(b) Building permit required. All in-ground pools regardless of capacity and all aboveground swimming pools that exceed 5,000 gallons shall require a building permit before installation.
(2) Each application for a permit to construct a swimming pool shall be accompanied by plans of sufficient detail to show:
(a) The proposed location of the pool and its relationship to the principal building on the lot;
(b) The size of the pool;
(c) Fencing and other fixtures existing and proposed on the lot, including utility location and trees;
(d) The location, size and types of equipment to be used in connection with the pool, including, but not limited to, filter unit, pump fencing and the pool itself; and
(e) The requirements contained in this division and division (G)(3) below of this section will be satisfied including submission and approval of a site plan.
(3) All swimming pools for which a permit is required shall be provided with safeguards to prevent children from gaining uncontrolled access. This can be accomplished with fencing, screening or other enclosure, or any combination thereof, of sufficient density as to be impenetrable. If fences are employed, they shall be at least four feet in height. The bottoms of the fences shall not be more than four inches from the ground nor shall any open space in the fence be more than four inches. Fences shall be of a non-corrosive material and shall be constructed as to be not easily climbable. All fence openings or points of entry into the pool enclosure shall be equipped with gates or doors. All gates or doors to swimming pools shall be equipped with self-closing and self-latching devices placed at a sufficient height so as to be inaccessible to all small children. The fencing requirements of this division (G) of this section need only be provided around the means of access on aboveground pools which have four feet high, vertical or outward inclined side walls. Prior to filling the pool, the approved fence and/or screen shall be completely in place and inspected and approved by the City Building Official.
(4) In all residential districts, swimming pools shall be set back ten feet from all adjoining lots and, except for fences and pump enclosures, shall be located at least ten feet away from any other building or structure on the same lot and shall not be located within a drainage or utility easement. Swimming pools shall not be permitted in a front yard or in the area between the street right-of-way and the minimum required building side yard setback line.
(H) Business and industrial fencing.
(1) No fence shall be allowed in the front yard of a business use except by conditional use permit.
(2) Except in a required front yard, business and industrial fences may be erected up to eight feet in height.
(3) Business and industrial fences with barbed wire security arms shall be erected a minimum of six feet in height (measured without the security arm). The security arm shall be angled in a manner that it extends only over the property of the permit holder and does not endanger the public. Security fencing shall be prohibited within a required front yard or when located along a property line abutting a residential use.
(Prior Code, § 11-20-2) (Ord. 258, passed 5-4-2006)