Section
157.01 Definitions
157.02 Fences in residential areas
157.03 Fences in agricultural areas
157.04 Fences for non-residential areas
157.05 Perimeter fences for development/subdivisions and estate lots
157.06 Miscellaneous
157.07 Permit required
157.08 Variances
157.09 Exceptions
157.10 Nonconforming fences
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AGRICULTURAL AREA.
Property located in the Agricultural District (A) as defined in Chapter 159 of the Code of Ordinances and used for agricultural purposes.
ELECTRIC FENCE.
A fence designed and constructed to continuously conduct electrical current.
ESTATE LOT.
A residential lot with an area of five acres or greater.
FENCE.
Any man-made barrier or any structure of any material, the purpose of which is to provide protection from intrusion (both physical and visual), to mark a boundary, enclose, screen, restrict access, decorate or provide right-of-way edge treatment for any lot, building, structure, swimming pool, spa or development. A gate is considered part of the
FENCE
.
FENCE HEIGHT.
FENCE HEIGHT
shall be measured from grade. Fences situated on a retaining wall shall be measured from the top of the highest ground elevation adjacent to the retaining wall.
FRONT BUILDING LINE.
A line adjacent to the front-most portion of a structure containing the main front entrance and generally parallel to the street right-of-way line which the structure faces; not a building setback line.
FRONT BUILDING SETBACK LINE.
A line parallel to the street right-of-way line, which the building faces and takes primary access from.
FRONT YARD.
An open, unoccupied space on a lot facing a street extending across the front of the lot between the side lot lines and from the front of the main building to the front property or street line.
KEY LOT.
A corner lot that is so designed that the lots located directly behind it face the side street of the corner lot and are not separated by an alley.
LOT.
An undivided tract or parcel of property which is designated as a distinct and separate tract.
NON-RESIDENTIAL AREA.
Property that is not zoned residential or agricultural and is primarily commercial, retail or industrial in nature.
PARALLEL FENCE.
A fence that runs in the same general direction of, and is located within five feet of, an existing fence. To be considered a
PARALLEL FENCE
, the fence does not necessarily have to maintain a precise constant distance from the other fence.
REAR YARD.
An open, unoccupied space on a lot, except for accessory building/structure as herein permitted, extending between the side lot lines and from the rear of the main building to the rear lot line. The
REAR YARD
shall be at the opposite end of the lot from the front yard.
RESIDENTIAL AREA.
An area within a platted subdivision or used primarily for residential uses.
SIDE YARD.
An open, unoccupied space on a single lot, except for accessory building/structure as herein permitted, on one or two sides of a main building, on the same lot with the building, extending from the main building to a side lot line and from the front of the main building to the rear of the main building.
SIGHT TRIANGLE.
The portion of a lot within a triangular area formed by connecting together the point of intersection of the edge of a driveway or alley and an adjacent street curb line (or, if there is no street curb, what would be the normal street curb line) and points on the driveway or alley edge and the street curb line 35 feet from the intersection.
SUBDIVISION/DEVELOPMENT.
A platted subdivision or development. For purposes of this chapter, a
SUBDIVISION
or
DEVELOPMENT
consisting of a single lot shall be regulated as a lot and not as a
SUBDIVISION
or
DEVELOPMENT
.
(2005 Code, § 9-15-1) (Ord. 970605C, passed - - ; Ord. 140722A, passed 7-22-2014)
(A) No fence, guy wire, brace, light standard, sign, vee-arm barbed wire base and arm, or any structure attached to a fence shall protrude over a property line.
(B) No fence is permitted with the sight triangle nor shall any fence obstruct or cause sight restrictions at or near any street, roadway or alley in the city and so as to promote safety for vehicles and pedestrians.
(C) Fences in the front yard and side or rear yards abutting a street may have a maximum height of four feet.
(D) On any property line that is shared with another residential property, the fence shall be located either on the property line or not less than five feet from the property line.
(E) Fences in front of the front building line of the residence or structure on the subject lot shall be ornamental wrought iron or tubular steel and shall have at least 75% open area per linear foot.
(F) Fences on or behind the front building line, except side and rear yards abutting a street, may have a maximum height of eight feet.
(G) Fences on lake front properties shall be ornamental wrought iron or tubular steel with at least 75% open area per linear foot to maintain surrounding lake views. Fences located more than 35 feet from the rear property line of a lake front lot and constructed entirely behind the main residential structure may be privacy fences constructed in accordance with the provisions of this chapter.
(H) Fences shall be constructed of and repaired with new material of good quality including natural, decay-resistant wood, stained or unstained, for privacy fences, powder coated for metal fences, natural, decay-resistant wood, stained or unstained, for rail fences.
(I) Privacy fences shall be constructed with metal or galvanized steel posts set in concrete at a minimum depth of 18 inches and a distance of no more than eight feet apart. Fences shall be required to be constructed so that the fence posts face the interior side of the fence and, with the exception of the top cap, are not visible from the public way.
(J) Front gates for fences shall be no taller than seven feet, except on estate lots which shall have a maximum front gate height of ten feet.
(K) Masonry or stone columns shall match the main residential structure.
(2005 Code, § 9-15-2) (Ord. 970605C, passed - - ; Ord. 140722A, passed 7-22-2014) Penalty, see § 10.99
(A) No privacy fences shall be permitted in Agricultural Areas.
(B) Fences constructed of barbed wire of any type or dimension shall only be permitted for the fencing of livestock. Field fencing and pipe fencing are permitted for any Agricultural Area.
(C) Split rail fences are permitted in Agricultural Areas and may be constructed with wood posts.
(D) Fences may have a maximum height of five feet and shall provide for an open atmosphere.
(E) Electric fences are permitted except adjacent to a residential lot where electric fences shall be prohibited.
(F) The use of razor wire shall be prohibited.
(G) Fences in front of the front building line of the residence or structure on the subject lot shall have at least 75% open area per linear foot.
(H) No fence shall be permitted within the sight triangle.
(2005 Code, § 9-15-3) (Ord 970605C, passed - - ; Ord. 140722A, passed 7-22-2014) Penalty, see § 10.99
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