(A) Purpose. Should the owner of any property subject to this section choose to landscape, fence, or screen, the following requirements shall apply to ensure that adjacent uses will be adequately buffered; that there will be visual compatibility with the natural environment; and that there will be appropriate use of fences, screens, planting strips, and landscaping in the manner provided by this section. Compliance with this section shall be subject to review and recommendation by the City Administrator and Planning Commission or either of them.
(B) Application. Subject to requirements set forth elsewhere for specific use districts, all properties in the R-1, R-2, R-3, and B-1 zoning districts shall comply with the requirements of this section.
(C) Landscaping.
(1) All plant materials shall be indigenous to the hardiness zone in which the city is located.
(2) All unimproved portions of the lot or tract shall be seeded or sodded; provided, however:
(a) Areas approved for future building expansions or slopes exceeding three to one may be seeded; and
(b) Undisturbed areas containing existing viable vegetation which can be maintained free of weeds may be left undisturbed.
(D) Fencing and screening.
(1) Permit required. No boundary partition fence or screen shall be erected, constructed, or maintained unless a permit therefor has first been applied for by the property owner and issued by the city. A fee in an amount established by resolution of the City Commission, as amended from time to time, shall be paid as a condition for the issuance of a permit for the construction of new fences, as well as for the replacement of fences in the same location.
(2) Survey required. Applications for the required fence permit shall, at the request of the City Administrator, be accompanied by a certificate of survey verifying and locating property lines and describing the location of the proposed fence. The City Administrator's decision to require a survey may be reviewed by the City Commission at the request of the applicant. The City of Glenwood will not arbitrate property line disputes.
(3) Boundary fence location. All fences shall be constructed no closer than two feet from all property lines. All property remaining outside of constructed fences shall remain the responsibility of the private landowner, and shall be maintained in accordance with all rules and regulations concerning the maintenance of private property in the City of Glenwood.
(4) Height. A fence not exceeding six feet in height may be erected in the rear and side yard areas up to the nearest front corner of the principal building. A fence not exceeding four feet in height may be erected in the front yard, subject to the provisions of § 153.071(D)(5) below. In the event that a deck or porch is located on the front of the structure, the six feet tall fence section located along the side lot line(s) shall terminate at the front corner of the principal building as opposed to the front of the deck or porch.
(5) Corner lots. Fences and screening on all corner lots erected within 30 feet of the intersecting curb line shall be subject to the following traffic visibility requirements: no structure or planting in excess of 30 inches above the abutting curb line shall be permitted within a triangular area defined as follows: beginning at the intersection of the projecting curb lines of two intersecting streets, thence 30 feet along one curb to a point, thence diagonally to a point 30 feet from the point of beginning of the other curb line, thence to the point of beginning.
(6) Right-of-way. Fences and screens shall not be placed or constructed or encroach within two feet of any city, state or county right-of-way.
(7) Materials. Fencing and screening materials shall be compatible with the size and architectural character of the principal structure. No barbed wire, electric, weaved or welded wire fences shall be used or constructed. All posts, footings and supporting structures of a fence shall face inwards towards the property upon which the fence is constructed, and shall be located entirely upon the property of the fence owner.
(E) Non-conforming fences.
(1) It is the intent of this section to allow the continuation of non-conforming fences until they are discontinued as provided herein. However, it is not the intent of this section to encourage the survival of non-conforming fences and such fences that are declared to be incompatible with permitted fences within the city. Such fences shall be regulated by the following provision:
(2) An existing fence not allowed by this section shall not be enlarged, extended, reconstructed, or structurally altered unless such fence is changed to comply with the requirements of this section. Maintenance of a non-conforming fence will be allowed when such maintenance only includes necessary repair and incidental alterations which do not expand or intensity the non-conformity.
(Ord. 23, passed 4-14-2020)