(A) Permits required. It shall be unlawful for any person to construct a fence on any lot without having first obtained a building permit therefor from the office of the Building Inspector.
(B) Permit fees. Permit fees shall be as prescribed in the fee ordinance.
(C) On public property. No fence, guy wires, braces or any part of such fence shall be constructed upon or cause to protrude over property owned by the city.
(D) In rear yard. No fence shall be constructed at a height exceeding 8 feet along the rear yard or alley line.
(E) In side yard. No fence shall be constructed at a height exceeding 8 feet on any side yard line up to the building line of the house proper. All such fences constructed on side yard lines must be vertical.
(F) In front yard. No fence shall be allowed in the front yard, all fences shall extend no farther than the front building line.
(G) Corner lot exceptions. On all corner lots which have adjacent rear lot lines, fences may be constructed not to exceed 8 feet in height along the side and rear yard lines and shall not extend beyond the front building line.
(H) Enclosure of swimming pool.
(1) Every outdoor swimming pool shall be completely surrounded by a fence or wall not less than 6 feet in height, which shall be so constructed as not to have openings, holes or gaps larger than 4 inches in any dimension except for doors and gates. A dwelling house, or accessory building may be used as part of such enclosure.
(2) All personnel gates or doors opening through such enclosure shall be equipped with a self-closing and self-latching device for keeping the gate or door securely closed at all times when not in actual use, except that the door of any dwelling which forms a part of the enclosure need not be so equipped.
(3) This requirement shall be applicable to all new swimming pools hereafter constructed, other than indoor pools, and shall apply to all existing pools which have a depth of 24 inches or more of water at any point. No person in possession of land within the city, either as owner, purchaser, lessee, tenant, or a licensee, upon which is situated a swimming pool having a depth of 24 inches or more of water at any point shall fail to provide and maintain such fence or wall as herein provided.
(4) The Board of Adjustments of the city may make modifications in individual cases, upon a showing of good cause with respect to the height, nature of location of the fence, wall gates or latches, or the necessity therefor provided the protection as sought hereunder is not reduced thereby. The Board of Adjustment and Appeals of the city may permit other protective devices or structures to be used so long as the degree of protection afforded by the substitute devices or structures is not less than the protection afforded by the substitute fence, gates and latch described herein. The Building Official shall allow a reasonable period within which to comply with the requirements of this division (H).
(5) The term SWIMMING POOL as used herein shall mean a body of water in an artificial or semi-artificial receptacle or other container located outdoors, used or intended to be used for public, semi-public, or private swimming by adults or children, or both adults and children, operated and maintained by any person, whether he or she be an owner, lessee, operator, licensee, or concessionaire, and shall include swimming pools used or intended to be used solely by the owner or friends invited to use it without payment of any fee; however, the requirements of this division (H) shall not apply to a swimming pool constructed, operated, and maintained in conjunction with a motel, hotel, or private dormitory, or like business which operates on a 24-hour per day basis and which provides such pool for the use of its tenants and their guests.
(I) Barbed wire fence.
(1) It shall be unlawful for any person, firm or corporation, or agent or employee thereof, to build or permit or allow to be built, any barbed wire fence on or around any property or premises owned or controlled by such person, firm or corporation within the limits of the City of Ferris; provided, however, that any fence including top grade construction barbed wire the lowest strand of which is not less than 6-1/2 feet above ground level, shall be permitted only on commercial use fence with arms. Fence arms may be permitted on fences 6 feet or more in height. Barbed wire may be constructed on such arms above 6 feet in height, and may not extend beyond any property line or fence setback line provided in this or other sections. The Building Official may issue a permit for the maintenance and reconstruction of barbed wire fences at the time of the passage of this section, provided that such fence or portion of fence cannot economically be replaced with non-hazardous materials and that such fence is located more than 200 feet from any area with an existing residential density of 3 or more families per acre. The Building Official shall have the authority to refuse to issue a permit for the maintenance or reconstruction of a barbed wire fence based on the safety and welfare of adjacent residents and the degree of “attractive nuisance” inherent in such fence.
(2) Exception. Agricultural zoned land may use barbed wire fences for the purpose of containing livestock.
(J) Electric fence.
(1) It shall be unlawful for any person, firm, or corporation or agent or employee thereof, to build or maintain or to permit or allow to be built or maintained any type of electrically charged fence.
(2) Exceptions.
(a) Electrically charged fence systems specially designed for the containment of dogs shall be allowed provided that:
(1) They are used in conjunction with a normal fence.
(2) The electrically charged fence shall not be located on top of a normal fence.
(3) All portions of the electric fence shall be contained inside the normal fence.
(4) No portion of the electric fence shall extend past the front of the residence.
(5) All persons shall post their fence with at least 2 signs not less than 12 inches by 14 inches in size with no less than 2-inch high letters showing that this type of fence is in use.
(b) Electrically charged fences may be allowed in industrial zoned districts if approval is granted by both the Planning and Zoning Commission and the City Council.
(K) Types of materials. In residential areas, metal fencing is only permitted if it is at least 50% open (This does not affect the ability to have metal fence posts). No R-Panel fencing materials are allowed in residential areas.
(L) Inspection. When any such fence is completed it must be inspected. The Building Inspector’s office shall be notified upon completion of the fence. All fences constructed under the provisions of this section shall be maintained so as to comply with the requirements of this section at all times.
(Ord. O-12-743, passed 12-3-2012)