§ 153.147 FENCE REGULATIONS.
   (A)   General. All fences in any district shall conform to the following regulations. In the case where a fence is located in the Shoreland Overlay District, refer to § 153.343 for further regulations.
      (1)   Fences within all districts shall require a certificate of compliance.
      (2)   Barbed wire or electrical fences shall be prohibited, except when located in an agriculture zone to confine livestock or protect crops.
      (3)   Alternative forms of fencing in commercial areas may be allowed upon approval by the city when safety or security is an issue.
   (B)   Residential fence material requirements.
      (1)   Fences shall only be constructed of the following materials:
         (a)   Treated wood, cedar, or redwood;
         (b)   Simulated wood;
         (c)   Decorative brick or stone;
         (d)   Wrought iron or aluminum designed to simulate wrought-iron;
         (e)   Coated or non-coated chain link;
         (f)   Split rail;
         (g)   Other materials or fence types as approved by the city.
   (C)   Height.
      (1)   Fence height measurement. Fence height is measured from the fence owner’s yard grade to the top of the fence.
      (2)   Fences greater than 6 feet in height. Fences greater than 6 feet in height require a building permit and must conform to all the setback and yard regulations in the same manner as building walls, unless located in a commercial or industrial district and approved by a conditional use permit.
      (3)   Fences 5 to 6 feet in height. Fences 5 to 6 feet in height may be placed anywhere on a lot but not in a required front yard.
      (4)   Fences 4 feet in height and less. Fences 4 feet in height and less may be placed anywhere on a lot, provided they comply with traffic visibility requirements set forth herein.
   (D)   Fences around swimming pools. All swimming pools 24 inches or greater in depth shall be fenced with a chain link or other type of impenetrable barrier fence at least 4 feet in height and if equipped with a self-locking gate, it must be self-closing and self-locking unless otherwise stated in the Building Code.
   (E)   Placement of fences along property lines.
      (1)   Where a property line is not clearly defined, a certificate of survey shall be required to establish the location of the property line.
      (2)   Fences may be placed along a property line, provided no physical damage of any kind results to abutting property.
      (3)   Fences on or within 3 feet of the property line shall give consideration as to the maintenance of the fence and yard.
      (4)   Fences shall not restrict drainage. Solid wall style fences shall be placed a minimum of 4 inches above finish grade to not impede site drainage. A solid wall style fence may exceed its allowable height by 4 inches to facilitate drainage.
      (5)   The finished side of fences shall face abutting property.
      (6)   No fence shall be constructed on public rights-of-way.
   (F)   Fence maintenance. Every fence shall be constructed in a high quality 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 by reason of age, decay, accident, or otherwise be allowed to become and remain in a state of disrepair so as to be or tend to be a nuisance to the injury of the public or any abutting property. Any fence that is dangerous by reason of its construction or state of disrepair or is otherwise injurious to the public safety, health, or welfare is a nuisance; any such fence that has become or tends to be a nuisance shall be repaired or removed as necessary to abate the nuisance caused.
   (G)   Traffic visibility. On a corner lot, no fence or landscaping shall be placed in such a manner so as to pose a danger to traffic by obscuring the view of approaching vehicular traffic or pedestrians from any driveway or street right-of-way. Visibility shall be unobstructed between a height of 3 and 10 feet above the center line grades of the intersecting driveways and/or streets within a triangular area described as follows: beginning at the intersection of the edge, an intersecting driveway, and/or curb line of an intersecting street right-of-way, thence to a point 30 feet along the edge of the intersecting driveway or curb line, thence diagonally to a point 30 feet from the point of beginning on the curb line of the intersecting street right-of-way.
   (H)   Hedges or plantings. In all residential districts, hedges or plantings used as fences for screening or privacy shall be allowed without height restrictions if the hedges or plantings comply with traffic visibility requirements.
(Ord. 537, passed 11-8-2004; Am. Ord. 549, passed 5-22-2006; Am. Ord. 596, passed 2-8-2010)