1171.16 FENCE REGULATIONS.
(a) Purpose. The purpose of this section is to establish regulations controlling the location, installation and standards for fences that retains the privilege of privacy, allows attractive landscape design, or offers reasonable security while assuring that such fences are located and constructed to respect the rights and enjoyment of neighboring property owners, the appearance of the community, and the overall health, safety and public welfare of its residents.
(b) Scope.
(1) This section sets forth regulations pertaining to the location, installation and standards for new fences in all zoning districts.
(2) Any fence erected prior to the date of adoption of this section which does not comply with these regulations shall be nonconforming. However, the Zoning Inspector may order appropriate remedial measures to alleviate any hazardous conditions related to any fence, whether newly constructed following adoption of this section, or constructed prior to the adoption of this section, and whether conforming or nonconforming, when the Zoning Inspector determines that such condition, without immediate remedial measures jeopardizes the health and safety of nearby residents or occupants.
(c) Definitions.
(1) "Fence" means any structure composed of wood, vinyl, iron, steel, masonry, stone or other material and erected in such a manner and in such location as to enclose, secure, partially enclose or secure, provide privacy, decorate, define or enhance all or any part of any premises. Trellises or other structures supporting, or for the purpose of supporting, vines, flowers and other vegetation, when erected in such a position as to enclose all or any part of the premises or otherwise satisfy the intent of this definition shall be considered a fence.
(2) "Privacy fence" means a fence more than 3'-6" high intended to inhibit public view and provide seclusion. Solid fences and/or stockade fencing are not permitted and are not considered privacy fencing as defined herein. Privacy fences must maintain at least 25% of the vertical surface open to air and light. Examples of privacy fences include but are not limited to:
A. Basketweave or woven fences. Made of interwoven strips or slats of flexible or semi-flexible material in which the pattern has the appearance of a "basketweave".
B. Louver or ventilating fences. Made of a series of slats placed at an angle or positioned so as to provide air but to deflect light perpendicular to its vertical plane.
C. Board-on-board fences. Board on board fencing is constructed with an overlapping pattern of vertical slats where every other board is attached to an opposite side of the fence rails, creating a light break in the fence to where you get a slight view of what's on the other side, but only if you stand at an angle.
D. Privacy fences used to block the view of a patio, pool, gazebo or other structure shall be installed at the building line, or at an optional 3' maximum distance from the building line for a gate installation (except on corner lots - see NOTE below); with an approximate overall fence length of the proposed structure to be blocked. There shall be a 3' minimum clearance between the fence and rear side yard lot lines for all privacy fences used solely to block the view of a structure as described above. Fences used for enclosure of yards shall be constructed according to 1171.16(g)(8).
Property Boundary (lot) Lines:
Privacy Fence (one on each side of structure):
Decorative/Ornamental Fence (rear location only):
NOTE: Corner lots are prohibited from the additional 3' (gate option) off the side (building line) of the house. Corner lots are considered to have two front yards as set forth in 1133.02(27)(B), and privacy fences, open fences and chain link fences are not permitted in front yards as set forth in 1171.16(d)(1)(5).
E. Masonry walls.
(3) "Ornamental fence" means a fence not exceeding 3'-6" in height constructed as a landscape or design feature to enhance a property by defining driveways, walkways or gardens, or intended for site decoration. Such ornamental fence shall not be intended to provide enclosure or security. Examples of ornamental fences include, but are not limited to:
A. Rail or split rail. Constructed of narrow or whole split wooden timbers placed horizontally between upright supporting posts.
B. Picket fences. Made of upright pales or slats.
C. Wrought iron fences.
D. Decorative masonry walls.
(4) "Open fence" means a fence more than 3'-6" in height for decoration or to provide secure enclosure (such as to contain children or pets, or to prevent intrusion or trespassing) and has an open area greater than sixty- six percent (66%). Examples of open fences include, but are not limited to:
A. Chain link fence. Usually made of metal consisting of loops and wire interconnected in a series of joined links.
B. Rail, split rail, picket fences or wrought iron fences. Shown as examples in subsection (c)(3) above when they satisfy the definition of "open fences".
(5) "Fence open area" means the percentage of the surface area which is open to light and air. Any required open area shall apply to any reasonable segment of the fence surface (approximately any one or two square feet) along any portion of the length or height of a fence.
(6) "Temporary fences" means fences erected for a specific function and limited duration. For the purposes of these regulations, temporary fences are limited to "snow fences" in place no longer than from November 1- April 15, and "construction fences" which enclose a construction site for the duration of the construction period.
(d) Standards for Residential Districts.
(1) Front yards.
A. Any ornamental fence may be permitted in a front yard provided that:
1. They are located in the front yard no farther from the house than one-third of the distance between the house and the front property line.
2. They are erected in conjunction with appropriate landscaping, and are in scale with, harmonious and compatible with the residence on the property.
3. Ornamental fences may be permitted in any other location in the front yard provided the overall length is a maximum of twenty feet.
4. An ornamental fence more than twenty feet in total length may only be permitted in the front yard (other than the one-third nearest the dwelling) when approved by the Planning Commission if the Planning Commission determines that such height, location and length constitutes appropriate landscaping, is in scale and harmony, and is otherwise compatible with the building on the site and will have no adverse impact on surrounding property. Prior to making its determination, the Planning Commission shall have the advice and recommendation of the City's architect.
5. Privacy fences, open fences and chain link fences are not permitted in front yards.
(2) Side and rear yards. The following fences only shall be permitted:
A. Ornamental fences not exceeding 3'-6" in height.
1. Decorative ornamental fences at a height of 6'-0" provided such fences are used to prohibit coyote intrusion into the yard. Such fences shall be equipped at all times with functioning coyote rollers. Decorative 6' ornamental fences shall ONLY be installed where property abuts a wooded area as determined and approved by the Planning Commission.
B. Open fences to a maximum height of 5'-0" provided that such fences may be constructed to a maximum height of 8'-0" when the property line abuts property in a commercial or industrial district.
C. Privacy fences to a maximum height of 6'-0" provided that such fences may be constructed to a maximum height of 8'-0" when the property line abuts property in a commercial or industrial district.
D. An open or privacy fence shall only be constructed when located a minimum of 10'-0" from any principal or accessory building on an adjacent property.
(f) Standards for Industrial Districts.
(2) When a fence is, however, proposed at a separate time from any other development for new construction, additions or site renovation, ornamental fences in any yard, and security fences in side and rear yards contiguous to property in the industrial zoning district, may be approved administratively by the Zoning Inspector when the Zoning Inspector determines that the proposal:
A. Is consistent with any previously approved plan;
B. Is compatible with the current site development if there is no approved plan; and
C. Will have a minimum adverse impact to the surrounding areas.
If, because of the nature of the proposed fence, the Zoning Inspector does not make such a determination, the request shall be referred to the Planning Commission and considered by the Commission according to the site plan procedures in Section 1137.05.
(g) General Conditions.
(1) No privacy fences shall be permitted within ten feet in any direction from a point where a driveway intersects with a sidewalk, or a front property line if there is no sidewalk.
(2) No barbed wire fence shall be constructed, erected or maintained in any district except when being used for the containment of livestock permitted elsewhere by these Codified Ordinances (see Section 505.13) or as part of a security fence in a General Business (B-3), Limited Industrial (L-I) or General Industrial (G-I) district provided that it is a minimum of seven feet above natural grade and has been approved by the Planning Commission pursuant to Section 1137.05.
(3) No electrically-charged fence shall be constructed, erected or maintained in any district except when being used for the containment of livestock permitted elsewhere in these Codified Ordinances (see Section 505.13).
(4) All fences shall be maintained in good condition, be structurally sound and attractively finished at all times. Any ground between the fence and property line shall be well maintained.
(5) All fences shall be designed, constructed and finished so that the supporting members face the property of the owner of the fence.
(6) Any fence in a side yard which is parallel to and plainly visible from the street shall be reasonably screened from the street with appropriate landscaping.
(7) No chain link or mesh wire fence shall be constructed in any residential district unless the unfinished and sharp edges on the fence are pointing toward the ground. The top edges of all metal fences constructed, erected or maintained in any residential district shall be of a smooth finish with no protruding sharp edges.
(8) In order for a fence to be constructed adjacent to, or in proximity with, a property line the property owner proposing the fence shall:
A. Construct the fence of maintenance-free materials as determined by the Zoning Inspector; or
B. Construct the fence so it can be easily dismantled from its owner's side for the purpose of maintaining it entirely within the owner's property; or
C. Enter into a written agreement with the neighboring property owner stating that the owner of the fence has free access to the neighboring property for the purpose of maintaining the fence and land beneath. A copy of this agreement must be submitted with the application for a fence permit.
If at least one of these preceding conditions is not met, the fence shall be placed a minimum of three feet from the neighboring property line.
Furthermore, any fence proposed under this subsection (g)(8) shall not be given a permit unless the adjacent property owner(s) sign off as to the agreed upon property line and location of the proposed fence. Absent such agreement, the owner proposing the fence shall have a certified survey of the relevant property lines, and the location of the proposed fence, provided to the property owner(s) and Building Department, prior to the issuance of any permit.
(Ord. 50-2012. Passed 6-14-12.)
(9) At all street intersections, the intersections of private driveways and public rights of way, and the intersections of two private driveways, and ten feet in any direction therefrom, there shall be no fence or dense vegetation between a height of 3'-0" and 7'-0" above the grade which would impede the clear vision between vehicles and pedestrians at such intersections.
(10) All fences on a parcel shall have a unified style along a single plane and for all fence segments visible, from off the premises, from any single direction.
(11) All fences for swimming pools are regulated by the provisions of Chapter 1377 of the Codified Ordinances which is hereby incorporated, by reference, into these fence regulations.
(h) Administration.
(1) Permit. No fence shall be constructed, altered or reconstructed without a permit from the Zoning Inspector after an application for same has been approved.
(2) Inspection. It shall be the duty of each property owner to determine property lines and to ascertain that the fence thus constructed does not deviate from the plans as approved by the City, and such fence does not encroach upon another lot or parcel of land. The City shall furnish such inspection as is deemed necessary to determine that the fence is constructed in accordance with plans submitted for permit, provided, however, that the issuance of the permit by the City shall not be construed to mean the City has determined the fence is not encroaching upon another lot, nor shall it relieve the property owner of the duty imposed upon him herein.
(3) Approval forms. The Zoning Inspector shall provide suitable forms which a property owner shall use when securing approval of an abutting property owner for erection of a fence pursuant to these regulations.
(4) Appeals.
A. On appeal from a decision of the Zoning Inspector, the Board of Zoning Appeals may permit variances from these regulations in cases where exceptional physical conditions exist or the established regulations or standards of this section are inappropriate or inapplicable, and the requested variances will not adversely affect adjoining property.
B. Failure to follow the above course of appeal shall cause dismissal of appellant's case.
(5) Penalty. Whoever violates any provision of this section, and upon conviction thereof, shall be guilty of a minor misdemeanor and shall be fined not more than one hundred dollars ($100.00). Each day that such violation continues shall constitute a separate offense.
(Ord. 101-2017. Passed 12-14-17.)