(A) General.
(1) No fence may be erected which creates visual obstructions at any intersection, alley, driveway or street for safe vehicular, bicycle or pedestrian movement. Only decorative fences may be constructed in the required residential front yard (that area between any wall of the principal structure and any public right-of-way). Electric fences may not be used and such material as hog wire fencing and barbed wire fencing will not be allowed. Snow-stop fencing, used between November 1 and April 1, construction fencing, and other similar temporary fencing are permitted without site plan review.
(2) All fences shall be constructed and maintained in a substantial, workmanlike manner and of material reasonably suited for the purpose for which the fence is proposed to be used. Every fence shall be constructed so that the side containing the framing supports and cross pieces face the interior of the fence owner's lot. Any fence which does not comply with the provisions of this Section or which endangers the public safety, health or welfare shall be considered a public nuisance.
(B) Site plan review required. A sketch plan showing property lines and the proposed location of the fence shall be submitted to the City Clerk for administrative site plan review. The City Clerk or designee shall promptly verify whether the proposed fencing meets the requirements of this section or whether additional review or interpretation is required. No site plan may be approved and no fence may be constructed unless in conformity with the requirements of this chapter. The City Clerk may refer and the applicant may request referral of the site plan to the Planning Commission for clarification on any questions of conformity with zoning ordinance provisions.
(C) Location.
(1) Residential fences. Fences may be placed on the property line, except only decorative fences may be located in the required front yard (that area between any wall of the principal structure and any public right-of-way). Privacy or security fences (non-decorative fences) must be constructed from and located at the rear of the principal structure and may be no closer to any public right-of-way than the principal structure. See Appendix A for illustrations of privacy fence locations. Upon review and consideration of individual site conditions, the Planning Commission may modify certain privacy fence setback provisions, provided the exceptions or modifications are consistent with the intent of this chapter and the modifications do not result in standards that others with similar situations, site conditions, and circumstances would not be granted.
(2) Non-residential fences Fences may be placed on the property line, except fences located in the front yard may be no closer than 15 feet from the right-of-way or the front of the parking area, whichever setback is greater. Any fence located in a front yard area must be a cyclone fence or similar non-opaque type of fencing. Any gated fences must be set back a sufficient distance from any public street so that no vehicle parked in front of the gate obstructs the street.
(3) Easements. Fences may be located within platted or recorded yard area public easements, provided the easement areas do not contain or are not specifically planned to contain public utilities, public drainage facilities, trails, sidewalks, wetlands, or surface waters.
(D) Height.
(1) Residential fences. The maximum height of any residential fence shall be six feet, except when a residential property line abuts a commercial or industrial use the fence may be eight feet in height along that property line. The maximum height of a decorative fence shall be three feet.
(2) Non-residential fences. The maximum height of any non-residential fence shall be eight feet.
(E) Exceptions.
(1) Decorative fences. Decorative fences are permitted in the front yard area of residential properties, provided the following requirements are met. Fencing may not obstruct vehicular or pedestrian views or passage at intersecting public streets or driveways or pedestrian ways. Decorative fences shall not exceed three feet in height. Decorative fences shall be either a vertical picket-type or horizontal rail-type. Picket board widths shall not exceed four inches and the minimum spacing between picket boards shall not be less than two inches. Rail-type fences shall be either two-rail or three-rail and shall include a minimum of four-inch spacing between rails. See Appendix B for illustrations of decorative fences. The Planning Commission may modify specific dimensional standards for pre-manufactured decorative fencing, provided the provided the modifications are consistent with the intent of this chapter and the modifications do not result in standards that others with similar situations, site conditions, and circumstances would not be granted.
(2) Subdivision development fencing. Fencing that is approved as a part of a subdivision development may be exempt from some of the dimensional requirements of this section, subject to recommendation of the Planning Commission and approval by the City Council.
(Ord. 150, passed 2-22-2000; Ord. passed 3- -2007)