CHAPTER 151:  FENCES, HEDGES AND TREES
Section
   151.01   Corner visibility
   151.02   Other than corner
   151.03   Within building lines
   151.04   Measurement rule
   151.05   Exception, Board of Adjustment
 
   151.99   Penalty
§ 151.01  CORNER VISIBILITY.
   Except in zones allowing the construction of buildings or structures to the property line, there shall be provided an unobstructed view across the triangle formed by joining points measured 20 feet distant along the property line from the intersection of two streets or 15 feet along both the street and alley line from the intersection of a street and an alley. Within said triangle, there shall be no sight obscuring or partial obscuring wall, fence, object or foliage higher than 30 inches above grade or in the case of trees, foliage lower than eight feet. Vertical measurement shall be made at the top of the curb on the street or alley adjacent to the nearest side of the triangle or if no curb exists, from the edge of the nearest traveled way. No planting, object or wall shall be permitted within the street right-of-way.
(Ord. 238, passed 9-8-2008)
§ 151.02  OTHER THAN CORNER.
   A fence, wall and/or hedge not exceeding 80 inches in height above the ground level may be erected or maintained upon any zoning lot, except that no fence, wall or hedge located within a front yard shall be erected, placed, planted or allowed to grow in such a manner as to materially impede vision of intersection streets.
   (A)   Solid fences, walls and hedges extending past the building setback into the front yard and side yard setback on corner lots shall not exceed 24 inches in height above the ground level, and fences of a chain-link material extending past the building setback into the front yard shall not exceed 48 inches in height above the ground level.
   (B)   No person shall hereafter construct, erect or maintain or cause to be constructed, erected or maintained, in the city limits of this city any fences of any character or material, without first securing a building permit from the City Council. Further, no such fence of any kind shall be built closer than two feet to the inside sidewalk line or street right-of-way, and no electric fence or fence with barbed wire be constructed in any residential district fence within the city limits. Except that barbed wire may be used in connection with a security fence when the barbed wire is at least six feet from the ground.
   (C)   Fences which are adjacent to alleys shall be set back ten feet from the street/boulevard right-of-way.
   (D)   Trees that have foliage hanging over sidewalks or street right-of-way shall be trimmed to clear such sidewalk or street right-of-way by eight feet, and no shrubbery, hedges or coniferous trees shall be planted, or objects be permitted in the street right-of-way, and if such plantings or objects are within the street right-of-way, the city shall not be held liable for removal or damage when such street right-of-way shall be used for lawful street right-of-way purposes.
(Ord. 238, passed 9-8-2008)  Penalty, see § 151.99
§ 151.03  WITHIN BUILDING LINES.
   Fences and hedges erected within a portion of a zoning lot on which a principal building, but not an accessory building, may be erected shall conform to height limits of buildings which may be erected on such lot, but shall be subject to any Building Code provisions which may be applicable.
(Ord. 238, passed 9-8-2008)
§ 151.04  MEASUREMENT RULE.
   Heights of fences, hedges and other continuous foliage shall be measured from the adjacent top of the street curb, surface of an alley or the official established grade thereof, whichever is the higher. On inside lot lines measurement shall be from the average of the lot line of the parcel or property having the lower elevation.
(Ord. 238, passed 9-8-2008)
§ 151.05  EXCEPTION, BOARD OF ADJUSTMENT.
   The City Council may approve, or may direct as a condition for granting an appeal, that fences or plantings of a height in excess of these regulations be placed as shielding between different uses, or between like uses upon agreement between the parties affected thereby, provided that no such approval shall have the effect of reducing corner visibility as provided for herein.
(Ord. 238, passed 9-8-2008)
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