§ 152.029 FENCES.
   A boundary line fence is any fence that is erected within the required structure setback for a property. A boundary line fence may be erected in a required yard but shall not be erected in the public right-of-way. Boundary line fences shall not exceed seven feet in height; the only exceptions to this limitation are when a fence higher than seven feet is specifically required for an agricultural operation or for screening/security as part of a conditional use permit, variance, or other county permit process. Fences shall be no higher than the horizontal distance between the fence and any residence on a neighboring property. The height of a fence shall be measured based on the average grade of the surrounding area. In cases where a fence is constructed on a berm raising it above the surrounding area, the height of the berm shall be included in the height measurement. On the interior lot lines of any property, boundary line fences shall be located on the property of the property owner causing the fence to be erected, unless the adjoining property owner agrees in writing to have the fence erected on the property line. If no agreement can be reached, a fence may still be erected on the property line, provided property survey markers are present and known, otherwise a survey needs to be conducted. Fences seven feet or more in height shall be constructed only after the issuance of a permit as provided in the State Building Code.
(Ord. 47, passed 7-23-02; Am. Ord. 97-2021, passed 7-20-21)