(A) Reduction prohibited. No yard or other open space shall be reduced in area or dimension so as to make such yard or other open space less than the minimum required by the Zoning Code, and if the existing yard or other open space as existing is less than the minimum required, it shall not be further reduced.
(B) Application to only one dwelling or group. No required yard or other open space allocated to a building or dwelling group shall be used to satisfy minimum lot area requirements for any other building.
(C) Non-encroachments. The following shall not be considered to be encroachments on yard and setback requirements.
(1) Chimneys, flues, fire escapes, bays, leaders, sills, pilasters, lintels, ornamental features, cornices, eaves, gutters and the like, provided they do not extend more than one and one-half (1-1/2) feet into a yard.
(2) Fences. No fence or wall shall be erected, enlarged, expanded, altered, relocated, maintained or repaired in any yard, unless it meets the requirements of this section.
(a) Permit required.
1. No permanent fence or wall shall be erected or altered in any yard without a fence permit. For the purposes of this section a PERMANENT FENCE is defined as any permanent partition or structure erected as a dividing marker, barrier or enclosure encircling either wholly or any portion of a parcel or grouping of parcels and either wholly or partially located in the required setback area. Permanent fences may also be referred to as perimeter fences or boundary fences. Permanent fences located within a parcel and entirely outside of the required setback area do not require a fence permit. This may include, but is not limited to, fences installed around gardens or kennels. However, if any portion of the fence is located in the required setback area, a fence permit is required. Private swimming pools, as defined by § 150.290, must be installed in accordance with §§ 150.291 -150.294, including the installation of a safety fence. The safety fence shall be reviewed as part of the required building permit and shall not require the issuance of a fence permit. Temporary fences do not require a fence permit. For the purposes of this section a temporary fence is defined as one which has no footings and is easily removable, and may include, but are not limited to, barricade fences or fences placed around construction sites. Unless otherwise authorized by the Zoning Administrator, temporary fences may not be installed for a period of more than 90 days. Temporary fences are subject to divisions (b) through (f) below.
2. Application shall be made to the city along with a fee for fence permit according to the city's adopted fee schedule.
3. A site plan shall be submitted with the permit application. The site plan shall be drawn to scale and include lot dimensions, location of existing structures, location of the proposed fence or wall, height(s) of the proposed fence or wall, and setback(s) of the proposed fence or wall from adjacent property boundaries.
4. A footing inspection is required after all postholes are dug and before posts are installed. All property irons adjacent to the fence or wall are to be shown and visible to the inspector at the time of the footing inspection.
5. Locating property irons is the property owner's responsibility. The irons can be found by using a certificate of survey and a metal detector or by utilizing the services of a registered land surveyor to locate the irons or replace missing irons.
6. A final inspection may be required upon completion of the fence or wall installation at the inspector's discretion.
(b) Construction.
1. No residential fence or wall shall be constructed of any electrically charged element, unless located underground (for example, invisible or underground pet fencing), or barbed wire. Areas utilized for agricultural purposes (for example, pasture or cropland) shall be exempt from this section.
2. No commercial or industrial fence or wall shall be constructed of any electrically charged element except that barbed wire or similar security fencing may be used above a height of six and one-half feet when incorporated with a fence or wall which has been issued a building permit.
3. No permanent fence or wall shall be constructed or temporary fence installed without first verifying the location of all public utilities. Arranging utility locates through Gopher State One Call is the property owner's responsibility.
(c) Material.
1. All permanent fences shall be constructed of either stone, brick, finished wood, durable vinyl or other durable plastic materials, ornamental non-corrosive aluminum or iron, or chain link.
2. The finished side of the fence, or that side of the fence without exposed supports or posts, shall face the neighboring properties or streets.
3. Materials such as chicken wire, straight wire fencing, tarps, snow fence, or materials originally intended for other purposes, unless prior approval is granted by the Zoning Administrator, will not be allowed, except that snow fence will be allowed as a temporary fence when used exclusively for snow-related purposes.
(d) Maintenance. Every fence or wall shall be maintained in a good and safe condition at all times. Every damaged or missing element, including slats in slatted chain link fences, of any fence or wall shall be repaired or replaced immediately.
(e) Height.
1. Side or rear yards. No fence or wall located in a side or rear yard shall be of a height exceeding six feet in residential districts or eight feet in commercial and industrial districts, measured from its top edge to the ground at any point, except as required by any landscaping or screening requirements of this chapter or upon approval of a variance by the City Council.
2. Front yards. No fence or wall located in a front yard shall be of a height exceeding four feet, measured from its top edge to the ground at any point, except as required by any landscaping or screening requirements of this chapter.
3. Any fence exceeding six feet in height shall require a building permit.
4. Fences used as backstops for municipal/institutional athletic fields shall be exempt from the height requirements in this chapter provided a building permit is issued.
(f) Setbacks.
1. A fence shall be set back at least two feet from the property line or, upon mutual consent in writing from the neighboring property owner(s), may be placed on the property line. Proof of consent shall be provided to the city at the time of permit application. A fence may connect to a neighboring fence upon consent from the neighboring property owner. Proof of consent shall be provided to the city at the time of permit application.
2. No fence, wall, hedge or other screening device shall be permitted to encroach on any public right-of-way.
3. A fence located adjacent to a public alley shall be set back a minimum of three feet from the property line.
4. No fence or wall exceeding 36 inches in height above the center line grade of the street shall be permitted within 25 feet of any street corner formed by the intersection of the property lines.
5. Fences may be constructed within an unimproved drainage or utility easement, though future work within the easement may result in the removal of the fence at the owner's expense. No fence shall be located in an improved drainage or utility easement (pond, utility pipe, etc.), unless prior written approval is granted by the City Administrator/Public Utilities General Manager or his/her designee.
6. No fence shall obstruct the flow of water nor divert water onto a neighboring property.
7. The property owner is responsible for locating property lines and easements and placing the fence in accordance with all applicable setbacks.
(3) Trees, shrubs, plants, terraces, steps, stoops, or similar uncovered structures which do not extend above the height of the main floor level of the principal structure and do not exceed to a distance of less than four (4) feet from any lot line. Yard lights or security lights or other sources of light provided the direct source of light does not shine on or adversely affect the adjacent residential properties.
(Ord. 395, passed 7-6-2010; Am. Ord. 465, passed 2-18-2020)
Penalty, see § 150.999