A. Fence Permit Application.
1. No person shall erect a fence within the Village without first having received a fence permit from the Building Department.
2. Applications for a fence permit shall be submitted with the appropriate fee to the Building Department on forms provided by that department.
B. Prohibited Fences.
1. Dangerous Fences. The following types of dangerous or hazardous fences shall not be permitted to be either erected or maintained within the Village:
a. Barbed wire fences, except for utility substations;
b. Electrical fences;
c. Spiked fences;
d. Fences with broken glass or other sharp points imbedded;
e. Any other type of fence that could result in injuries to persons climbing on or over such fences; and
f. Fences that are leaning in such a manner that an angle of fifteen (15) degrees or more is produced when measured from the vertical;
2. Temporary Fences. The following temporary fences shall not be permitted within the Village:
a. Any temporary fence that remains in place for longer than 6 months.
b. Any temporary fence located around the lot perimeter, except as permitted by the Village for construction or demolition.
c. Snow fences (wooden or plastic), except for use as construction fencing or to direct snow drifts.
d. Silt and erosion control fences, except for the purposes of erosion control during construction and soil stabilization.
(Ord. 4738 – 6/18/12)
3. Other Perimeter Fences. The following fences shall not be permitted to be either erected or maintained within five (5) feet of property lot lines within the Village:
a. Aluminum board fences (or similar metal board);
b. Bramble/ wicker fences;
c. Cloth-based fences;
d. Mesh fences (metal, plastic or otherwise);
e. Netted fences;
f. Shake fences;
g. Slat based fences;
h. Reed fences;
I. Rod fences; and
j. Wire fences (except chain link for residential properties). (Ord. 4926 - 9/15/14)
(Ord. 4574 – 7/6/10)
C. General Construction Requirements.
1. Every fence to be erected within the Village shall be designed and constructed to resist and withstand a wind pressure of at least twenty (20) pounds per square feet of the gross proposed area of the fence, less any openings from any angle of approach.
2. All fence posts used in the construction of a fence shall be buried in the ground to a depth of at least one-third (1/3) of the total length of said fence post.
3. All fence parts, anchors, and shavings of wood or other organic materials shall be treated with a chemical treatment to protect them from deterioration when they are placed in or upon the ground.
4. Alterations to the existing grade level preceding the use of a fence for the purpose of altering the height of the fence shall not be permitted.
5. No fence shall be constructed in such a manner as to impede or alter the natural or engineered surface water drainage of the property upon which the fence is constructed or any adjoining property. A fence shall be installed three (3) inches above the ground as measured from grade to bottom of fence panel to allow for natural surface water drainage. Exceptions may be made for open-style fences. Fences located in overland flow routes may have additional requirements pertaining to height above ground and being an open fence style in order to maintain storm water flow as determined by the Director of Engineering. (Amd. Ord. 5564 - 12/21/20; Amd. Ord. 5653 - 11/1/21)
6. If a fence is to be painted, it shall be painted with a non-lead base paint.
7. The finished side of all fences shall face the street and neighboring properties.
(Ord. 4610 – 12/20/10)
D. General Maintenance Requirements. Structurally maintain fences in good repair, as originally designed and installed, and as depicted and approved on a fence permit.
E. Design, Location and Height Requirements of Fences in Residential Districts.
1. Except as provided in subsections (2) or (3), below, no fence shall be constructed in a front yard past the front building line. (Amd. Ord. 5126 - 9/19/16)
2. In all residential districts, an ornamental fence may be erected on a premise anywhere, as long as it is entirely within the property where the permit is issued, including the front yard past the building line and the front and side yard past the building lines in the case of corner lots. The height of such fences shall not exceed four (4) feet and such fences shall be an open-style fence consisting of wrought iron, galvanized steel, aluminum, powder coated, vinyl, wood or similar materials that does not block vision to an extent greater than 40% per lineal foot (60% open), and shall not include chain-link or wire fences or fences of similar construction. (Ord. 4769 – 12/3/12; Amd. Ord. 4996 – 6/15/15; Amd. Ord. 5126 - 9/19/16)
3. Intermittent ornamental components such as decorative metal posts, masonry bases, columns, and caps are allowed as part of ornamental fences, but must comply with the open/closed ratio prescribed in Section 6-310.E.2 above for each 10 feet length of fence. These intermittent elements are permitted to exceed the allowable fence height by up to 12".
4. Open fences that do not block vision to an extent greater than 40% per lineal foot (60% open) shall be permitted past the front setback line if there is a patio in the front setback. Such fences shall not exceed 5 feet in height, and shall extend only to the perimeter of the patio. Patio location shall comply with accessory structures regulations listed in Section 6-302. (Amd. Ord. 5126 - 9/19/16)
5. Fences located in the rear or side yards in single family residential districts shall be regulated as follows:
a. All perimeter fences shall be located behind the front building line.
b. Perimeter fences located in the side or rear yards not facing a public right of way shall be of any material and design allowed in section 6-310 (B) and (C), shall not exceed 6 feet in height, and may be located all the way up to the property line.
c. Perimeter fences located in the side yard facing a public right of way (corner side yard, rear corner side yard) shall be of any material and design allowed in section 6-310 (B) and (C), but shall not exceed 6 feet in height and must be setback a minimum of 5 feet from the corner side property line.
d. Ornamental open-style perimeter fences located in the side yard facing a public right of way (corner side yard, rear corner side yard) consisting of wrought iron, galvanized steel, aluminum, powder coated, vinyl, wood or similar materials that does not block vision to an extent greater than 40% per lineal foot (60% open), shall be allowed as close as 12" from corner side property line as long as maximum height does not exceed 5 feet. Such fences shall not include chain-link or wire fences or fences of similar construction.
e. Perimeter fences may be required to be setback further from the property line if after review by the Development Services Inspector, if it is determined that the sight lines will be blocked by the fence.
f. Perimeter fences are permitted to be installed back to back. If a fence is installed so that an area exists between the property line and the fence, it is the responsibility of the property owner on whose property the fence is located to maintain said area. (Amd. Ord. 5126 - 9/19/16)
6. The following table summarizes the fence regulations listed in sections 1 through 4 above:
Front Yard | Side Yard | Corner Side Yard (Side Yard Facing Public Row) | Rear Yard | Rear Yard Facing Public Row | Maximum Height | |
Minimum Required setback from property line | ||||||
Front Yard | Side Yard | Corner Side Yard (Side Yard Facing Public Row) | Rear Yard | Rear Yard Facing Public Row | Maximum Height | |
Minimum Required setback from property line | ||||||
All types of fences allowed by code. (See LDC 6-310, B,C) | Not Allowed | Allowed | Allowed | Allowed | Allowed | 6 FT |
N/A | 0 FT | 5 FT | 0 FT | 0 FT | ||
Open Style Ornamental Fences (60% open) | Not Allowed | Allowed | Allowed | Allowed | Allowed | 5 FT |
N/A | 0 FT | 1 FT | 0 FT | 0 FT | ||
Open Style Ornamental Fences (60% open) | Allowed | Allowed | Allowed | Allowed | Allowed | 4 FT |
0 FT | 0 FT | 0 FT | 0 FT | 0 FT | ||
(Amd. Ord. 5126 - 9/19/16; Amd. Ord. 5221 - 9/18/17)
6. All fences in the Old Orland Historic District shall be white picket fences and shall not exceed a height of five (5) feet.
7. Private fences and entry features must be located wholly on private property.
(Ord. 3199 - 11/16/98)
8. Subdivision entryway features may not exceed nine (9) feet in height.
(Ord. 3199 - 11/16/98)
9. Perimeter fences may be erected in side and rear setbacks behind the front building line around multi-family residential uses. Perimeter fences may be allowed in front yards when the front setback abuts arterial and major collector streets. Perimeter fences around a single multi-family development must be uniform in design, type, color and height. (Ord. 4769 – 12/3/12)
10. In all residential districts, no fence shall be permitted to be constructed on a vacant lot unless said lot is immediately adjacent to a lot improved with a residential principal structure under common ownership with the vacant lot.
a. Said fence must enclose both lots so as not to create a physical barrier between the two lots.
b. Said fence must be located at or behind the front building line of the principal structure on the adjacent improved lot.
c. The authority herein granted shall expire within one (1) year following the date on which ownership of either of the adjacent lots is separated from the other, unless the owner of the vacant lot receives a building permit and initiates construction of a principal structure on the vacant lot during that one (1) year period. (Ord. 5336 – 9/17/18)
F. Design and Height Requirements of Fences in Nonresidential Districts.
1. Fences in a non-residential district may be either solid or up to 50% open and shall not exceed eight (8) feet in height. However, fences enclosing trash/dumpsters shall meet the requirements of Section 6-302 Accessory Uses and Uses, E. Dumpster and Trash Handling Areas. (Ord. 3672 - 8/5/02)
2. Fences that are erected to separate residential and nonresidential properties shall meet the buffering requirements set forth in Section 6-305.
3. Fencing required with Liquor Sales: At least 50% of the boundaries of any outdoor seating area on private property that will serve liquor shall be delineated, but not required to be fully enclosed, by a fence, wall, landscaping or similar barrier not less than 24 inches in height and not greater than 48 inches in height. A fence, wall, landscaping or similar barrier not less than 24 inches in height and not greater than 48 inches in height shall also be provided to distinguish between neighboring outdoor seating areas, where applicable. Additional protection may be required based upon the relationship between an outdoor dining seating area and the abutting vehicle zone. See the Village Code for additional regulations associated with the use of a public sidewalk for outdoor dining purposes. (Amd. Ord. 4839 – 9/16/13; Amd. Ord. 5017 - 8/17/15)
G. Fences That Screen Parking Lots. Any fences erected to screen parking lots shall meet the buffering requirements set forth in Section 6-305
.
H. Swimming Pool Barrier/Fences.
Fences surrounding swimming pools, spas or other outdoor accessory structures that contain water shall be at least five (5) feet in height. (See Section 2-102 Definitions “Swimming Pools” and Section 6-310.1 Swimming Pools). When pools are located on corner lots, and on a side or rear yard that abuts an adjacent public right-of-way, said pools shall be entirely screened from view via a six-foot-tall opaque fence. (Ord. 4574 – 7/6/10; Amd. Ord. 5653 - 11/1/21)
1. Permits Application and Approval:
A swimming pool or accessories thereto shall not be constructed, installed, enlarged or altered until plans/documents have been submitted and a permit has been obtained from The Village Code Official for construction of a Swimming Pool Barrier (fencing etc.).
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Section 6-310.1. of this code shall regulate pool permits and construction
a. “Public Swimming Pool” Barrier/Fence Permit
A Village permit for fencing of a “Public Swimming Pool” will require an approval by county or state authorities having jurisdiction over “public swimming pools”. These permit approvals shall be obtained before applying to the code official for a permit. Certified copies of these approvals shall be filed as part of the supporting data for the permit application.
b. Land Owner Responsibility
Every swimming pool permit application shall include a letter signed by the land owner, acknowledging the responsibility of required site barrier with the intent of protecting the public from access during all times of construction and final use of the pool.
2. Construction plans and Owners Responsibility:
A swimming pool permit application must include details and design for the construction of a pool and a pool “barrier” (fences walls or enclosures) for the protection of the public of at least five (5) feet in height. A separate required fence barrier permit may be submitted with a letter signed by the land owner as referenced in Section H 1 a of this Section.
a. Above Ground Pool structure as a barrier. Where an aboveground pool structure is used as a barrier or where the barrier is mounted on top of the pool structure, and the means of access is a ladder or steps, then the ladder or steps either shall be capable of being secured locked or removed to prevent access, or the ladder or steps shall be surrounded by a barrier which meets the requirements of a “Barrier”. When the ladder or steps are secured, locked, or removed, any opening created shall not allow the passage of a 2 inch (102 mm) diameter sphere.
b. Deck, Handrail and Guardrail construction adjacent to a swimming pool must comply with the Village Building Code (5-1-13) See Village diagram of “Typical Pool Decks For Above Ground Pools” using stairs with a deck for an example. This is available from the Building Department.
3. Barrier Construction:
Enclosure barriers shall be constructed so as to prohibit the passage of a sphere larger than 2 inches in diameter through any opening or under the fence. Fences shall be designed to withstand a horizontal concentrated load of 200 pounds applied on a 1-square-foot area at any point of the fence.
a. Fences that are constructed of wood shall be protected against decay with openings no more than two (2) inches horizontally, or solid masonry or wrought iron with openings of no more than two (2) inches horizontally, or shall be constructed of minimum number fourteen (14) gauge woven wire mesh corrosion-resistant fence material with maximum two (2) inch diamond openings or openings not larger than two (2) inches horizontal by four (4) inches vertical. Basket weave fences are prohibited. All fence posts shall be decay or corrosion-resistant.
b. A temporary “barrier” (fence, wall enclosure) may be installed to protect the public from access to the site during construction. If a temporary barrier is used during construction, the temporary barrier must be least 4'-0" in height and structurally designed to resist access from unauthorized persons using the specifications referenced for Barrier Construction. (See Section H 1 a of this Section)
c. A fence, barrier or enclosure wall shall be part of the pool permit application.
4. Gates to such fences shall be self-closing and self-latching. Latches shall be placed four (4) feet above grade, or shall otherwise be made inaccessible from the outside to small children.
5. Proper safety procedures for temporary fencing must be taken during pool installation. A permanent fence must be installed within twenty one (21) days after pool is filled with water and must comply with Section 6-310. H. 1, 2 and 3 of this section. (Ord. 4125 – 4/17/06)
I. Waterfowl Barriers. Waterfowl barriers are horizontal or vertical fences of two (2) or more posts and baling twine, poly-twine wire, heavy monofilament fishing line, or ordinary string/ rope strung between posts that may not exceed eighteen (18) inches in height. Private waterfowl barriers shall be entirely placed on private property, six (6) inches from the lot line, and only along those lot lines that parallel a pond or other water body. Waterfowl barriers shall be allowed on a temporary basis during peak waterfowl migration months from August 15 to November 15 in the fall and from February 15 to May 15 in the spring. (Ord. 4574 – 7/6/10)