(A) Purpose. The purpose of this section is to establish and to promote the public health, safety, and welfare, encourage an aesthetic environment, and allow for privacy, while maintaining access to light and air by regulating the location, height, type, and maintenance of all fences.
(B) Permit required. No person, firm, or corporation shall construct or cause to be constructed or erected within the city any fence without first securing a zoning permit.
(C) Prohibited fences. The following fences are prohibited:
(1) Barbed wire fences (with the exception of the agriculture district);
(2) Electric fences (with the exception of the agriculture district);
(3) Chicken wire;
(4) Fences with broken glass or other sharp points imbedded;
(5) Spiked fences; and
(6) Any other type of fence that could result in injuries to persons climbing over.
(D) Exceptions for hazardous fencing. Hazardous or dangerous fences, such as those listed in division (C) above, shall only be permitted in the city for the following uses:
(1) Public utility structures (at least eight feet above grade level); and
(2) Communication support structures (at least eight feet above grade level).
(E) Fence requirements in residential districts.
(1) Front yard. Fences located in the front yard shall not exceed four feet in height. Opaque fences shall not exceed three feet in height.
(2) Corner side yard. Fences located in the corner side yard shall not exceed four feet in height. Opaque fences shall not exceed three feet in height. In addition, the maximum height may be increased to six feet beginning at the point of intersection of the corner sidewall and the rear wall of the principal structure to the rear lot line. For the purpose of this section, open decks and porches shall not be considered part of the principal structure.
(3) Interior side yard. Fences located in the interior side yard shall not exceed six feet in height.
(4) Rear yard. Fences located in the rear yard shall not exceed six feet in height.
(F) Fence requirements for nonresidential districts. No fence shall exceed eight feet in height along any side of the yard.
(G) General requirements.
(1) No fence shall be constructed in a manner that would block the view of vehicular traffic or restrict snow plowing of streets.
(2) No fence shall create problems with right-of-way maintenance or snow accumulation.
(3) All fences must be placed no less than two feet inside the property line. It is the owner’s responsibility to verify the location of the property lines.
(4) It is suggested to have a surveyor locate property lines before installing fences. The city does not have surveyors on staff to perform this service.
(5) The side of the fence considered to be the face (the finished side) shall face adjoining property.
(6) Every fence shall be maintained in a condition of reasonable repair and shall not be allowed to become and remain in a condition of disrepair or danger, or constitute a public or private nuisance. Any such fence, which is, or has become dangerous to the public safety, health, or welfare, is a public nuisance.
(7) If the fence is in an easement, the city or utility company is not responsible for repair or replacement of any fence that is removed for purpose of work or maintenance of the easement.
(8) No fence shall obstruct free access to any fire hydrant, water meter, electric meter, natural gas meter, or public sidewalk.
(9) Link fences shall be erected in such a manner that the barbed end is at the bottom of the fence.
(10) No fence shall be constructed in such a manner as to impede or alter the natural surface water drainage of the property upon which the fence is constructed or any adjoining property.
(11) Any fence erected around a recreational activity, such as a tennis court or a baseball backstop, may exceed the height requirements set forth in this section.
(12) Permanent swimming pools must be protected by a fence at least four feet high, with a self-closing, self-latching lockable gate, built so that a four-inch sphere cannot pass through.
(13) Snow fences are permitted only between October 15 and April 15.
(H) Non-conforming fences. No existing fence not permitted by this section in the district within which it is located, except when required to do so by law or ordinance, shall be enlarged, extended, reconstructed, or structurally altered unless such fence is changed to one permitted in that district. Maintenance of a non-conforming fence will be allowed, however, when this includes necessary repairs and incidental alternations which do not expand or intensify the non-conforming fence.
(I) Variance requests. Should an applicant request a permit for a fence that does not meet the requirements listed in division (G), they may request a variance. As part of the variance, the applicant shall explain in writing how the proposed fence does not meet the general requirements of division (G), and why those requirements cannot be met.
(Prior Code, § 151.063) (Ord. 223, passed 4-14-2003)