(A) Purpose and intent. The city recognizes the health, safety, aesthetic and economic value of fences.
(1) The provisions of this section are intended to:
(a) Allow for areas on-site for privacy;
(b) Provide screening and mitigation of potential conflicts between different uses;
(c) Enhance the overall aesthetic conditions within the city;
(d) Limit sight line obstructions;
(e) Reduce the potential for criminal and illegal activities; and
(f) Prevent conflicts with utilities and drainage flow.
(2) The purpose of this section is not to:
(a) Regulate naturally growing shrubs, trees or other foliage; or
(b) Regulate landscape or retaining walls.
(B) Definitions.
FENCE. Any freestanding structure, partition, wall, gate or enclosure permanently anchored in/to the ground, designed and erected to permanently serve as a dividing marker, enclosure, physical barrier, visual barrier or sound barrier.
TEMPORARY/PORTABLE FENCE. Any freestanding structure, partition, wall, gate or enclosure that may or may not be permanently anchored in/to the ground, designed and erected to serve as an easily moveable short-term enclosure or barrier.
(C) Permit required.
(1) Administrative zoning permit. An administrative zoning permit shall be required for all fences, four feet to six feet tall and located within ten feet from a property/boundary line.
(2) Building permit. A building permit shall be required for all fences over six feet tall.
(3) Exceptions. Subject to the other provisions stated within this section, the following shall not require a permit:
(a) Any fence less than four feet tall.
(b) Any maintenance, upkeep and/or repair of fences.
(c) Any underground electric pet fencing.
(d) Any animal enclosure located at least five feet away from a property line and less than 150 square feet. However, animal enclosures located closer than ten feet to the property line shall be adequately screened from the closest neighboring property.
(e) Any patio, trash container or utility screen located at least five feet away from a property line and less than 32 feet in length.
(f) Any permanent garden or landscape fencing located at least five feet away from the property line. However, such garden and landscape fencing shall only be used within the parameters of the distinct garden and/or landscaping area.
(g) Any temporary/portable snow fencing.
(h) Any temporary/portable construction/safety fencing.
(i) Any temporary/portable soil erosion fencing. However, all erosion fencing associated with a construction project shall be completely taken down upon issuance of a final certificate of occupancy.
(j) Any temporary/portable special event fencing located within non-residential districts. Special event fencing located within residential districts may require an interim use permit as determined by the city.
(D) Application requirements and site inspections.
(1) All fence permit applications shall include a certificate of survey and site map, drawn to scale, showing/labeling the following:
(a) Property address and/or legal description.
(b) Fronting street(s) and street names.
(c) Property lines and property line dimensions.
(d) Proposed fence type.
(e) Proposed location of the fence and distance from property lines.
(f) Existing objects and/or structures located near the proposed fence.
(2) All fence applicants/installers shall clearly mark the location of all property corners, boundary lines and proposed fence posts with the assistance of a registered surveyor and/or a certificate of survey. Such markings may be made with paint, flags, stakes and/or laths before a site inspection is conducted by the designated city official.
(E) Location.
(1) Rights-of-way and easements.
(a) Private fences shall not extend into any public rights-of-way, easements or into public property except by means of an encroachment agreement approved by the city. The encroachment agreement shall also be recorded with the County Recorder's Office. The city retains the right to deny encroachment requests for any or no reason. Further, the city or any utility company having authority to use the rights-of-way or easements, shall not be liable for repair or replacement of fences in the event that they are moved, damaged or destroyed by virtue of the lawful use of the easement.
(b) Any fence placed in a drainage easement shall not adversely affect drainage or create debris build-up.
(c) All fence applicants and/or property owners are responsible for verifying that no conflict exists with utilities prior to installation.
(2) Boundary fences.
(a) In an effort to physically visualize property boundary lines, discourage back-to-back fences, and reduce small unmaintained gaps between fences, all boundary fences (fences located within ten feet of a property line) shall be located directly on or abut up to the shared neighboring property line.
(b) Only one boundary fence shall be located on or near the common property line between neighboring properties.
(c) Exceptions:
1. In the case of existing plantings and/or other objects located on or near the property line, the city shall prefer that such obstructions be removed from the path of the proposed fence. However, if the city concludes that such obstructions may remain in place, then an appropriate setback distance for the proposed fence will be determined by the city.
2. In the case that an existing neighboring fence is located within ten feet of the shared property line, the fence applicant and/or property owner shall work with the neighboring fence owner to tie-into or move the existing fence onto the common property line. However, if a private agreement cannot be arranged by the neighboring property owners to connect into or relocate the existing fence, the city shall determine an appropriate setback location for the proposed fence.
3. In the case that a shared common boundary fence between neighboring properties is not aesthetically or physically consistent with an existing and/or a proposed fencing type, two parallel fences may be considered by the city if placed directly back-to-back.
(3) Setbacks.
(a) All private fences shall be setback at least two feet away from the edge of any public sidewalk or trail.
(b) All private fences shall be setback at least 15 feet away from the road edge or back-of- curb along a public street, and all private fences shall be setback at least five feet away from the road edge along a public alley. All private boundary fences shall be placed according to these setbacks or on the property line, whichever is a greater distance away from the public roadway.
(c) Private fences adjacent to wetlands shall be setback in accordance with all applicable city, state and federal wetland buffer regulations as amended from time to time.
(F) Height.
(1) Measurement. Height shall be measured from ground level elevation to the top of the fence.
(2) Residential fences.
(a) Side and rear yards. Fences located within a side or rear yard shall not exceed six feet in height.
(b) Front yard. Fences located within a front yard shall not exceed four feet in height.
(c) Corner lot - double frontage. Fences located within the secondary front yard of a corner lot shall be considered a front yard fence and not exceed four feet in height. Exception: any fence located within a secondary front yard that abuts the secondary front yard of a neighboring property may be extended to a height no taller than six feet.
(d) Corner lot - multi-frontage. Fences located within the secondary front yard of a corner lot having public roadway frontage on more than three sides may be allowed to extend to a height no taller than six feet.
(e) Rear yard - double frontage. Rear yard fences fronting along a public roadway/ alleyway may be extended to a height no taller than six feet.
(f) Irregular lot or parcel. In the case of an irregular shaped lot/parcel, the city shall determine the most appropriate fence height and type based on the requirements stated in this section.
(3) Non-residential fences. Except by conditional use permit, all non-residential fences shall not exceed eight feet in height.
(G) Type.
(1) Residential fences constructed along a property boundary line shall be a sturdy low-maintenance type, such as vinyl-coated chain link, steel, aluminum, wrought iron, vinyl, composite or other similar materials determined acceptable by the city. High-quality wood fences may be allowed along a property boundary if resistant to moisture rot, kept in good condition and regularly maintained. In the case that temporary access for the purpose of necessary maintenance on a residential boundary fence is not granted by a neighboring property, boundary fences should be constructed in a manner that allows the fence to be removed or tilted back towards the fence owner's property.
(2) Thin-wire (wire thinner than 12-gauge) fencing shall not be used as boundary fencing.
(3) Agriculture-type wire boundary fencing shall only be used in association with permitted agriculture uses.
(4) For security purposes, barbed wire fencing shall only be permitted in conjunction with mixed commercial-industrial, industrial, public, semi-public and agriculture land uses. All non-agriculture barbed wire fencing shall be placed at least seven feet above ground level in a manner that does not endanger the general public.
(5) All razor wire and electric fences shall be prohibited.
(6) The city does not enforce neighborhood covenants restricting specific types of fences.
(7) Retaining wall barriers. A permanent barrier shall be required at the top of retaining walls if the height of the drop-off is greater than 2 ½ feet (30 inches) and the top edge of the drop-off is located within five feet of a public sidewalk or trail. A permanent barrier may also be required at the top of a retaining wall deemed as an obvious safety threat to the general public by the city.
(8) Swimming pool fences and barriers. All fences and barriers associated with swimming pools and hot tubs/spas shall comply with the regulations stated in the State Building Code as amended from time to time. Swimming pools or spas secured with a code compliant safety cover as determined by the Building Official may be exempt from the following requirements:
(a) All permanent swimming pools, including in-ground pools and above-ground pools with rigid walls, shall be completely surrounded by a fence or wall not less than four feet in height, which shall be constructed as not to have openings, holes or gaps larger than four inches in either vertical or horizontal direction, except for doors and gates. The fence shall be of a type not readily climbed by children. A building or accessory building may be used as part of such enclosure. An above-ground pool with a wall greater than four feet in height does not require a fence if the wall cannot be readily climbed by children and the pool can be secured while not in actual use.
(b) All gates or doors opening through such enclosure shall be equipped with a self-closing and self-latching device for keeping the gate or door securely closed at all times when not in actual use and be provided with hardware for permanent locking devices, except that the door of any dwelling which forms a part of the enclosure need not be so equipped. Pool gates shall be locked when the pool is not in use.
(H) General regulations.
(1) All fencing affecting traffic visibility shall comply with the regulations stated in §153.063(F) of the zoning ordinance, as it may be amended.
(2) The finished side of all fences shall face away from the fence owner's property.
(3) All boundary fences shall be constructed so as to leave adequate clearance between the ground level and the bottom of the fence in order that the yard/landscaping lying directly under the fence can be easily trimmed and maintained.
(4) All front yard residential fences shall be a decorative type and at least 75% open (not greater than 25% opaque). Chain-link fences shall be prohibited in residential front yards.
(5) All temporary/portable fencing shall only be permitted for the time period necessary to fulfill the primary purpose for which the fence was intended. Except for construction/safety and erosion control fencing, no temporary/portable fencing shall be used for a period longer than six consecutive months per year without official city approval.
(6) All fences shall be compatible with the principal building and with the surrounding environment.
(7) The city shall not be held liable for any damage caused to a private fence while maintaining or clearing nearby public roads, trails, sidewalks or other public infrastructure.
(8) It shall be the responsibility of all fence owners to keep their fence in a condition of good repair and appearance on both sides of the fence and not in a condition of disrepair, danger, or constitute a public or private nuisance. Any fence shall be considered a public nuisance, if it does not comply with the following:
(a) All fences shall comply with associated regulations relating to nuisances and blight stated in the City Code.
(b) All fences shall be firmly fastened and anchored in order that it is not leaning or otherwise in the stage of collapse.
(c) All fences shall be maintained in sound and good repair and free from deterioration, loose or rotting pieces, or holes, breaks or gaps not otherwise intended in the original design of the fence. All fences shall be free from any defects or condition which makes the fence hazardous.
(d) All exterior wood surfaces of any fence, other than decay resistant woods, shall be protected from the elements by paint or other protective surface covering or treatment, which shall be maintained in good repair to provide the intended protection from the elements.
(e) No fence section shall have peeling, cracked, chipped or otherwise deteriorated surface finish.
(I) Special purpose fences. Fences for special purpose and fences differing in construction, height or location, may be permitted in any district, only by issuance of a conditional use permit and upon evidence that the special purpose fence is necessary to protect, buffer or improve the premises for which the fence is intended.
(Ord. passed 2-29-1996; Am. Ord. 2004-152, passed 7-15-2004; Am. Ord. 2007-217, passed 12-27-2007; Am. Ord. 2011-242, passed 4-28-2011)