A. Purpose: In order to provide for the maximum safety of persons using the streets, rights of way, sidewalks and other public ways of the city, and to provide for the maximum enjoyment of the use of property, the following regulations shall apply to all fences, hedges and similar structures or elements located in the city. (Ord. 09-36-0, 9-9-2009)
B. Construction Permit Requirements:
1. Before any fence is erected, a permit therefor shall first be obtained from the building department. For residential fences the permit fee shall be fifty dollars ($50.00). The permit fee for all nonresidential fences shall be twenty dollars ($20.00) per each one thousand dollars ($1,000.00) of valuation, or portion thereof, of the established valuation of the cost of the proposed work or a fifty dollar ($50.00) minimum. (Ord. 15-26-0, 4-22-2015)
2. Application for a permit shall be on the form prescribed by the building commissioner, and shall be accompanied by a sketch drawn to scale indicating the precise location and dimensions of such fence on a plat of survey showing lot lines and/or easements, if any.
3. The building department shall approve and issue all fence construction permits.
C. Required Fences:
1. Fences Separating Business Real Estate From Residential Real Estate: When real estate used and/or zoned for a business purpose or purposes or an industrial purpose or purposes adjoins real estate zoned and/or used for residential purposes, the owner or owners of the real estate zoned and/or used for a business purpose or purposes or a manufacturing purpose or purposes shall construct and maintain a solid fence with steel or aluminum supporting posts to a height of eight feet three inches (8'3") above existing grade immediately inside the boundary line on the business or industrial owner's or owners' side which separates such business or industrial real estate from the residential real estate. For the purposes hereof, a "solid fence" shall be an impenetrable fence possessing the property of excluding all other bodies, light and air from the space occupied by it, such as, but not limited to, a stockade fence or a fence constructed of brick or other masonry material.
In addition to any solid fence which is required hereby to be constructed between residential and business or manufacturing real estate, the owner or owners of any real estate zoned and/or used for business or manufacturing purposes may erect and maintain a fence in excess of the height limitations provided for in subsections C4 and C5 of this section, after first having obtained a special permit therefor.
2. Sites Enclosed By Fences: Every construction site or excavation site shall be enclosed by a fence conforming with the international building code section 3306 as amended, or in section AG105 of the international residential code as amended.
3. Swimming Pools: Fences shall be required as provided for in section 3109 swimming pool enclosure and safety devices of the edition of the international building code currently adopted by the city of Countryside.
4. Screening And Landscaping: All open off street parking areas shall be screened by fences or landscaping in accordance with title 10 of this code.
5. Recreational Vehicles: All recreational vehicles parked in side yards shall be screened in accordance with subsection 10-10-4C of this code.
D. Prohibited Fences:
1. No fence or wall shall be maintained or erected if it is constructed with any material which is likely to inflict bodily harm should a person or animal come into contact with the fence or wall. Materials covered by this prohibition include sharp or jagged metal spikes or spears. Barbed wire may be used only in business and manufacturing properties. No barbed wire or barbed wire fences shall be erected in a residential district.
2. Snow fences, except for temporary erection of such fencing for exclusive control of snow between November 1 and March 31, provided that snow fences shall be installed only on that portion of a lot which faces or abuts a street or highway, and provided that a permit is issued by the city.
3. Chainlink fences with barbed ends turned up, except on permitted fences in circumstances where the city council finds that such fencing is warranted for security or other reasons, and subject to conditions imposed by the city council on such use.
4. No fence, shrubbery or hedges shall be permitted, nor permitted to overhang, on any portion of any public right of way, nor shall same be placed or maintained so as to obstruct a clear view of private driveways, sidewalks or pedestrian walks. No fence, shrubbery, hedging or planting which interferes with clear vision shall be permitted within the traffic sightline area.
5. No fence that exceeds three feet (3') shall be erected between the established front yard line and the front lot line in any area zoned for residential purposes.
6. Except hereinafter provided, a fence which has a height of more than six feet (6').
7. Chicken wire or similar type fences. (Ord. 09-36-0, 9-9-2009)
8. (Rep. by Ord. 11-24-0, 4-27-2011)
9. Other fence prohibitions or restrictions as provided for in the sections of this code governing individual zoning districts. (Ord. 09-36-0, 9-9-2009)
E. Regulations Of Permitted Fences:
1. Decorative Fences: Decorative fences may be erected, subject to the following provisions:
a. There shall be a maximum of two (2) such structures in front yards.
b. The fence must have a regular pattern that is at least eighty percent (80%) permeable to both light and air when viewed perpendicular to the plane of the fence.
c. Each structure cannot exceed a maximum of twelve feet (12') in total length and four feet (4') in height.
d. Decorative fences shall be prohibited in front yards of townhouse/condominium developments, and shall otherwise be regulated by the declarations governing such property. In the case of conflict between the city's regulations and the declarations, that regulation which is more restrictive or imposes a higher standard shall govern.
2. Marketing Fences: Marketing fences may be erected, subject to the following provisions:
a. Such structures may only be erected at the entrance to a subdivision.
b. There shall be a maximum of two (2) such structures if placed at the corner of lots adjoining the street entering the subdivision, or if placed parallel to the street on which the subdivision has frontage. Corner structures and parallel structures cannot be combined.
c. The fence must have a regular pattern that is at least eighty percent (80%) permeable to both light and air when viewed perpendicular to the plane of the fence.
d. Each structure, if placed at a corner, cannot exceed twelve feet (12') in total length and four feet (4') in height. Each structure, if placed parallel to the street, cannot exceed five feet (5') in height and must extend the entire length of the development's frontage.
e. Temporary signage identifying the development may be placed on such fences in accordance with the city's sign regulations.
f. Such structures and signage shall be removed within thirty (30) days after the last lot in the development has been sold.
3. Decorative Structures: Decorative structures shall be permitted in front, rear and side yards.
4. Height Limitation: No fence shall be erected in excess of six feet (6') above ground level or grade level along interior or rear lot lines not adjacent to a street, provided that the height limitation of this subsection shall not apply to shrubs, hedges or landscaping on interior or rear lot lines so long as such plantings do not encroach on a public right of way.
5. Rear Yard Setback: Fences may be located in the rear yard adjacent to a street, provided that they shall be located a minimum of fifteen feet (15') from the corner side lot line of the rear yard, whether or not there is a driveway leading to the adjacent street from that lot or from an adjoining lot. Fences may be installed to the property line on the rear lot line except not in the minimum fifteen feet (15') beyond the point that the side lot line and the rear lot line converge.
6. Height Limitation For Public Facilities: The height of fences used to enclose all or a portion of the lot of public parks and other public facilities shall not exceed six feet (6') above the established grade of the lot, except for fences used in the design of a playing facility in accordance with established standards for such facilities, such as backdrops for a baseball field and tennis courts.
7. Retaining Walls; Height Of Fences: If a grading or landscaping plan requires a permanent retaining wall, the height of fences constructed upon or within five feet (5') of the retaining wall shall be measured from the bottom of said retaining wall.
8. Orientation: Fences permitted to be erected in all zoning districts shall be erected so that the posts and all other supporting members face toward the owner's property (i.e., inward). The finished, good side of all fences shall face toward adjacent properties (i.e., outward).
9. Fence Post Caps: Fence post caps of up to four inches (4") are permitted in addition to the fence height permitted for the fence itself.
10. Slats In Chainlink: Slats of any kind are prohibited in or upon chainlink fences.
11. Signage: No signage of any kind, including fencing manufacturer/installer advertising or identification signage, shall be placed or affixed to any fence except as otherwise provided in this section.
12. Fences Not To Impede Drainage: Fences shall not be installed such that they interfere with or impede the flow of surface drainage.
13. Fences In Easements: Fences shall not be erected or installed in easements, or parkways, unless permission is granted in writing by the utility company or companies or any other authority having use of that easement. If permission is granted to construct a fence by any authority having jurisdiction of the easement, that authority will not be responsible for the reinstallation of the fence due to any repairs or any other exercise of the authority's easement rights that may need to be made at any time, which may require that the fence be temporarily removed.
14. Dog Runs: Dog runs or enclosures shall be permitted subject to the following provisions:
a. The height shall not exceed eight feet (8') above the established grade of the lot, nor shall it exceed a total of fifty (50) linear feet (50 percent).
b. The enclosure or run shall be constructed of fencing that is at least thirty percent (30%) open.
c. The enclosure or run shall only be permitted in rear yards, and shall not extend beyond the walls of the dwelling unit on either side. Runs shall be adjacent to the dwelling unit and cannot be a freestanding structure elsewhere on the lot.
d. Only one run or enclosure shall be permitted on a zoning lot.
e. The perimeter of all runs or enclosures shall be landscaped.
f. All runs shall be level.
Any nonconforming use of this subsection E14 shall comply with these standards within twelve (12) months after the passage hereof, which is September 9, 2009.
15. Refuse And Recycling Enclosures: Fences erected for the purpose of enclosing refuse disposal and recycling container storage areas for institutions or commercial operations, subject to the following provisions:
a. Enclosure fences shall be solid in nature, such as a "butted board" or "basket weave" design if constructed of wood, or of full depth face brick masonry or stone. Metal, concrete or cinder block fences of any kind shall be prohibited. For the purposes of this subsection, a wood "board on board" or "alternating board" design shall be deemed a solid fence if there is no greater than three-fourths inch (3/4") of open space every linear six and three-fourths inches (63/4") measured either vertically or horizontally along said fence surface. The city council may require the design and materials of such enclosure fences to conform with or be substantially compatible with the materials and design of the principal structures to which they are accessory.
b. The required fence height shall be six feet (6').
c. The maximum square footage of the enclosure shall be one hundred sixty (160) square feet.
d. The enclosure shall be fitted with latchable solid wood gates of substantially sturdy construction, which shall be kept closed and latched at all times except during collection of refuse and recycling materials, and which shall be kept in good repair. Chainlink gates fitted with slats shall be prohibited.
e. Enclosures shall be located in areas designed to minimize exposure to public streets, preferably to the rear of buildings, while providing adequate accessibility to service vehicles. Enclosures shall not be placed directly abutting residential properties, shall not be located in required aisles or landscaped buffers, and shall be subject to setbacks required of all accessory structures. Containers or material within the enclosure shall not extend above the height of the fence. Enclosures shall be buffered with reasonable quantities of landscaping appropriate to the location. Specific locations, materials and treatment of enclosures shall be as determined and approved by the city during site plan review. (Ord. 12-46-0, 8-22-2012)
F. Nonconforming Fences: All fences heretofore lawfully constructed and not conforming to the provisions hereof are declared legal nonconforming uses and may be permitted to continue to exist, but no more than twenty five percent (25%) of the fence shall be permitted to be reconstructed, repaired or altered, and if rebuilt, must conform to existing codes, as of the adoption of this section.
G. Applicability Of Building Code: All provisions of chapter 1, "Building Code", of this title, are to be followed as they pertain to fences.
H. Permit Required: A city building permit is required for the construction, installation or erection of all fences except decorative fences and decorative structures, or if said fence is an integral part of another structure such as a deck, patio or pool for which a building permit is also required. Fees for such permits shall be as established from time to time by the city council.
I. Corner Lot Fence Variations: Applications for fence variations for properties located on corner lots adjacent to shall be reviewed and decided in accordance with the provisions of Section 10-12-4-12 of this Code.
CORNER LOT - Illustration
(Ord. 09-36-0, 9-9-20 09; amd. Ord. 20-12-O, 5-13-2 020; Ord. 22-09-O, 1-16-2 022)