(A) Pools. For the purpose of this chapter, “pool” means any in-ground or above-ground swimming pool, pond or water feature.
(1) A fence must enclose any pool that is 24 inches or more in depth.
(2) The fence must be located at least four feet from the pool, be non-climbable and at least four feet in height, with no openings that would allow the passage for a four inch diameter sphere.
(3) It is the responsibility of the property owner to ensure that the fence is constructed to prohibit unauthorized access to the pool.
(4) The supportive walls of an above-ground pool may function as an approved barrier if it is durable, solid, non-climbable, and at least three feet high. The wall of the pool must not be within four feet of any other wall, tree, deck, fence or other climbable object. Ladders, stairs or other means of accessing the pool must be removed or secured to prevent access when the pool is not in use.
(5) Setback requirements:
(a) Five feet from the edge of the pool water to any side or rear property line; and
(b) Front setbacks shall conform to the front minimum building setback for the zoning district in which the pool is located setbacks are measured from the edge of the pool water to a front property line
(B) Fence orientation. Fencing shall be constructed with the structural members or framing facing inward toward the property.
(C) Underground utilities. Property owners shall be responsible for locating all underground utilities prior to construction by calling Miss Utility of WV (811).
(D) Easements and right-of-ways. Walls and fences shall not be placed over any established easements or right-of-ways.
(E) Surveys. It is strongly recommended that prior to construction of a wall or fence, the owner obtain a survey of the property to ensure that the wall or fence will be located within property boundaries. The issuance of a building permit does not constitute verification that the wall or fence will be located within the property lines and the city shall bear no responsibility if the wall or fence is improperly located on adjacent property.
(F) Permit required. No property owner shall construct or allow to be constructed or place any wall or fence without first obtaining a building permit from the city. Permit application shall include a sketch of site plan with a list of materials.
(G) Specifically prohibited. No fence in any district shall be permitted to utilize barbed wire, razor wire or concertina wire or carry electric current.
(H) Material requirements.
(1) Walls and fences shall be constructed from durable materials appropriate to the purpose. Property owners shall ensure that any new or existing fence is structurally sound and properly maintained. Suitable materials include:
(a) Commercially available wood, vinyl or composite fencing panels;
(b) Decorative chain-link fencing (vinyl coated). Regular uncoated chain link fencing may only be used within the limits of the side or rear yard;
(c) Decorative masonry block, brick or stone. Regular CMU block must be finished with stucco, brick or cultured stone;
(d) Groomed hedges;
(e) Wrought iron or aluminum; and
(f) Commercially available split-rail fencing.
(2) Materials not specifically intended for the construction of a fence or walls are prohibited. Such materials include:
(a) Scrap wood, pallets, logs;
(b) Metal panels, extrusions or forgings;
(c) Agricultural materials including barbed wire, razor wire, cattle or livestock panels, t-posts, and the like; and
(d) Any other material that is not intended for the use as a wall or fence.
(I) Kennels. Any kennel, dog run or other animal containment structure is to be located in the side or rear yard area. The height, setback and composition of said structure shall conform to the height, setback and composition requirements of any other wall or fence.
(J) Prohibited as primary structure. Fences are only permitted as an accessory structure with permitted uses and may not be placed on a stand-alone vacant lot.
(Ord. 21, passed 1-14-2020) Penalty, see §
152.999