Fences shall be permitted in all yards subject to the following:
A. Approval Required:
1. Approval by the zoning administrator in accordance with section 11-8-5 of this title is required for construction of any fence less than seven feet (7') in height within a front yard, within a yard subject to the buffer yard requirements of subsection 11-21-9E of this chapter, or for a property line fence.
2. A building permit is required for construction of any fence seven feet (7') in height or greater.
3. The approvals required under this subsection shall not apply to fences to be constructed on a farm when used for agricultural purposes as defined by this title.
B. Location: Fences constructed at the limits of a property shall comply with the following provisions:
1. Fences, including footings, shall be located entirely upon the private property for which the administrative approval or building permit has been issued.
2. The owner of the property on which a fence exists or is proposed to be constructed is responsible for verifying their property lines by:
a. Locating their property irons; or
b. If the property lines cannot be located:
(1) The zoning administrator or the building official may require the owner of property upon which a fence now exists, or may require any property owner proposing to construct a fence to establish the boundary lines of the property by a survey thereof to be made by a registered land surveyor; or
(2) The owner of property upon which a fence now exists, or the property owner on which the fence is to be constructed and the owner(s) of the adjoining properties enter into an agreement regarding the location of the fence to be recorded with the titles of the respective properties, subject to approval of an administrative permit.
3. No fences shall be placed on or extend into public rights of way or onto public property.
4. Fences in easements shall not impede the flow of water. If the city needs to utilize the easement, the fence will be removed and relocated at the expense of the property owner.
C. Construction And Maintenance:
1. Every fence shall be of substantial construction using 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 be allowed to become and remain in a condition of disrepair or danger, or constitute a nuisance, public or private. Any such fence which is, or has become dangerous to the public safety, health or welfare, is a public nuisance, and the Zoning Administrator shall commence proper proceedings for the abatement thereof.
2. Except as otherwise permitted, security fences, wherever allowed shall be constructed in such a manner, that no barbed ends shall be at the top.
3. Electric fences shall only be permitted in the A-P and RA Districts when related to agriculture, and on farms in other districts when related to agricultural purposes, but not as boundary fences.
4. Barbed wire fences shall only be permitted on farms related to agriculture except as provided for by subsection H3 of this section.
5. That side of any fence considered to be its "face" (i.e., the finished side having no structural supports) shall face abutting property or street right-of- way.
6. Use of mesh HDPE plastic fencing or chicken wire fencing shall only be allowed on a temporary basis at active construction sites or for special events to provide crowd or parking control.
D. Solid Walls: Structurally engineered solid walls constructed of natural stone, brick or other masonry material up to eight feet (8') in height that are not part of buildings may be constructed only within commercial and industrial districts and the P-OS District by approval of an administrative permit.
E. Traffic Sight Visibility Triangle: On corner lots, no fence or screen shall be permitted within the area defined as the traffic sight visibility triangle by section 11-16-15 of this title.
F. Residential Fencing And Screening:
1. Height: Except as provided herein, the maximum height of a fence shall be six feet (6').
2. Rear Yards: Fences exceeding six feet (6') in height, but not greater than eight feet (8') in height, may be allowed within the rear yard provided that the fence is set back ten feet (10') from the rear lot line and five feet (5') from any side lot line.
3. Yards Abutting Public Rights-Of-Way: Fences located within front yards, within side yards of a corner lot, or within rear yards of a double frontage lot abutting a public right-of-way:
a. Fences located within the front yard shall not exceed four feet (4') in height and shall be at least seventy five percent (75%) open space for the passage of air and light.
b. Fences located within a required side yard of a corner lot abutting a public right-of-way or within the required rear yard of a double frontage lot abutting a public right-of-way shall not exceed six feet (6') in height and shall be no closer to the front lot line than a point intersecting the front line of the principal building.
c. A fence constructed within the front yard, within a required side yard of a corner lot abutting a public right-of-way, or within the required rear yard of a double frontage lot abutting a public right-of-way shall be set back ten feet (10') from the property line abutting a public right-of-way on lots of record and preliminary platted lots having legal standing established after January 1, 1994, except where additional setback is required for the traffic visibility triangle by subsection E of this section.
d. For interior lots, a gate constructed of the same material as the fence shall be provided in the fence to allow for maintenance of the street side boulevard.
G. Swimming Pool Protection:
1. Approval by the Zoning Administrator or their designee in accordance with section 11-8-5 of this title shall be required for swimming pools having a depth of twenty four inches (24") at any point and a surface area exceeding one hundred fifty (150) square feet.
2. Each application for a permit to construct or erect a swimming pool shall be accompanied by plans of sufficient detail to show:
a. The proposed location of the pool and its relationship to the principal building on the lot.
b. The size of the pool.
c. Fencing and other fixtures existing and proposed on the lot, including utility location and trees.
d. The location, size, and types of equipment to be used in connection with the pool, including, but not limited to, filter unit, pump fencing, and the pool itself.
e. That the requirements contained in this subsection G2 and subsection G3 of this section will be satisfied including submission and approval of a site plan.
3. All swimming pools for which a permit is required and granted shall be provided with a physical barrier as a safeguard to prevent children from gaining uncontrolled access. This can be accomplished with fencing or the walls of a principal or accessory structure of sufficient density as to be impenetrable. The fence or wall shall be at least four feet (4') in height. The bottoms of the fences shall not be more than four inches (4") from the ground nor shall any open space in the fence be more than four inches (4"). Fences shall be of a noncorrosive material and shall be constructed as to be not easily climbable. All fence openings or points of entry into the pool enclosure shall be equipped with gates or doors. All gates or doors to swimming pools shall be equipped with self-closing and self-latching devices placed at a sufficient height so as to be inaccessible to all small children. The fencing requirements of this subsection G need only be provided around the means of access on aboveground pools which have four feet (4') high, vertical or outward inclined side walls. Prior to filling the pool, the approved physical barrier must be completely in place and inspected and approved by the city building official.
4. In all residential districts, swimming pools and any attached or functionally related deck that is more than thirty inches (30") above grade shall:
a. Be set back at least ten feet (10') from all property lines, except for fences and pump enclosures.
b. Be set back at least ten feet (10') from the principal building on the lot, except that a deck, pergola, or other structure without a foundation that is attached to the principal building may encroach into this setback area.
c. Not be permitted in a front yard or in the area between the street right of way and the minimum required building side yard setback line, and shall not be located within a drainage or utility easement or required buffer yard.
H. Commercial, Institutional And Industrial Fencing:
1. Location:
a. Commercial districts and institutional uses:
(1) No fence shall be erected within a required front yard.
(2) Fences may be erected up to a height of eight feet (8') within a side yard, side yard abutting a public right-of-way of a corner lot, rear yard, or rear yard of a double frontage lot and shall be at least seventy five percent (75%) open space for the passage of air and light if abutting public right-of-way.
(3) Fences within a required front yard or fences erected to a height greater than eight (8') feet may be allowed by approval of a conditional use permit.
b. Industrial districts:
(1) Fences may be erected up to a maximum of eight feet (8') in height, except as may be allowed by approval of a conditional use.
(2) Fences extending across front yards and side yards abutting a public right of way shall be at least seventy five percent (75%) open space for the passage of air and light except as allowed by subsection H1b(3) of this section.
(3) Within the I-1 and I-2 districts, a privacy fence or solid wall may encroach into a required side yard of a corner lot or rear yard of a double frontage lot abutting a public right of way for those streets not classified as major collector or arterial by the transportation plan, except for Hamburg Avenue, by administrative permit provided that:
(A) The solid wall or privacy fence shall be set back fifteen feet (15') from the public right of way except where additional setback is required by subsection E of this section.
(B) The solid wall or privacy fence shall be constructed of a nonwood maintenance free material such as vinyl, stone, brick, split face block, textured or architectural concrete panels, synthetic or composite products, or similar materials as approved by the zoning administrator.
(C) Gates across driveways:
(i) Gates accessing the site shall be set back a sufficient distance so as not to cause congestion in the public street.
(ii) A lockbox issued by the Fire Department for emergency access shall be provided.
(D) The area on the street side of the solid wall or privacy fence shall be landscaped in accordance with subsection 11-21-9A1 of this chapter, except that the width of the landscape area shall be a minimum of fifteen feet (15').
2. Chainlink Fences: Except for fences accessory to essential services, chainlink fences within commercial districts shall be coated with integral color vinyl and shall not include vinyl, plastic or metal slats within the fence.
3. Barbed Wire Fences: Fences with barbed wire security arms shall be allowed only within the I-2 district as follows:
a. The fence, measured without the security arm, shall be erected to a minimum of six feet (6') in height.
b. The security arm shall be angled in such a manner that it extends only over the property of the permit holder and does not endanger the public.
c. Such security arms shall be prohibited within a required front yard, or rear or side yard abutting a public street or when located along a property line abutting a residential use.
4. Fencing accessory to an airport use as defined by this title shall be exempt from the provisions of this section.
I. Special Purpose Fences: Fences for special purposes and fences differing in construction, height or setback that are not constructed within a required front yard may be permitted in any district as an interim use permit subject to chapter 5 of this title. (Ord. 840, sec. 1, 6-2-2008; amd. Ord. 867, sec. 59, 5-17-2010; Ord. 888, 2-21-2012; Ord. 948, 12-7-2015; Ord. 958, 3-21-2016; Ord. 996, 5-7-2018; Ord. 1015, 8-5-2019; Ord. 1031, 6-1-2020; Ord. 1047, 6-7-2021; Ord. 1052, sec. 5, 9-7-2021)