(A) Definitions. For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) AREA FENCE. A fence that is located more than six inches from a property line.
(2) FENCE. A non-living structure forming a barrier which is not otherwise a part of any building or structure used to delineate a boundary or as a means of confinement or for privacy.
(3) FENCE, OPEN. A fence having a regular pattern of which more then 80% of the surface will permit the unobstructed passage of light and air when viewed perpendicular to the plane of the fence.
(4) FENCE, PERIMETER. A fence that is located on or within six inches of the property line.
(5) FENCE, SEMI-OPEN. A fence having a regular pattern of which between 80% and 30% of the surface is unobstructed to both light and air when viewed perpendicular to the plane of the fence.
(6) FENCE, SOLID. A fence having a regular pattern that has less than 30% of the surface which is open and unobstructed to both light and air when viewed perpendicular to the plane of the fence.
(7) MEASUREMENT. A fence shall be measured along a typical unit of fencing. A typical unit of fencing is defined as the portion of a fence located between and including two vertical posts or other members which support the unit of a fence.
(8) SECURITY FENCE. A fence with barbed wire or similar security devices.
(9) SNOW FENCE. Portable, temporary fencing typically consisting of thin, closely placed wooden pickets or plastic material, used to prevent the drifting of snow over roads, fields, yards and sidewalks.
(B) General provisions.
(1) Fences may be erected along property lines.
(2) Fences built on or within a public easement may be removed by the city or at the direction of the city at the owner's expense in the event repairs, maintenance, replacements or improvements are deemed necessary by the city in such easements.
(3) Fences shall not obstruct any watercourse.
(4) Fence height shall be measured from the ground at a point directly beneath the fence. Where the ground at a point directly beneath the fence has been increased in elevation from its original elevation at the time of subdivision development through berming, retaining walls, fill or other measures and where such increased ground elevation has resulted in an increase in ground elevation above an adjoining lot the height of the fence shall be measured from the original ground elevation before installation of berming, retaining walls, fill or other measures as determined by the City Council. The City Council shall consult U.S. Geological Survey contour maps, city base map contours, recorded subdivision plat information and other available information in making such a determination.
(5) Every fence shall be designed and constructed to resist and withstand a wind pressure from any angle of approach of not less than 20 pounds per square foot of the gross projected area of fence, less openings. At least one-third of the fence post must be in the ground to resist wind. All posts, anchors and bracings of wood or other organic materials shall be treated to protect them from deteriorating when they rest upon or enter into the ground. All fences shall be maintained in good condition and shall not create a harborage for rodents. Fences that are leaning in such a manner that an angle 15 degrees or greater is produced when measured from the vertical are dangerous and shall be unlawful. Any fence that is to be painted, shall be painted with a non-lead based paint.
(6) Every perimeter fence shall include a minimum of one gate or entry way in the rear yard or either side yard.
(7) All fences shall be maintained in a safe, sanitary, nonhazardous manner and kept in good structural repair, free of deterioration, including, but not limited to: loose or missing slats or posts; peeling, scaling or deteriorated paint; crumbling brick, stone and mortar; and rust and other signs of decay. All fences shall be firmly anchored in the ground with all posts on the inside of the fence. Wooden elements or other elements subject to deterioration from weathering shall be maintained with nonhazardous chemicals or paint to preserve the element and retard deterioration.
(C) Prohibited fences.
(1) Electric fences prohibited. It shall be unlawful for any person to erect, install or maintain any electrically-charged fence within the limits of the city.
(2) Operation of electrical fences prohibited. It shall be unlawful for any person to operate any electrically charged fence within the limits of the city.
(3) Barbed wire. It shall be unlawful for any person to erect or maintain a fence equipped with barbed wired, razor wire, iron spikes or any similar or other sharp or sharp pointed material. However, this division shall not prohibit the use of such material when:
(a) Located in business or manufacturing zoning districts, or for government use;
(b) Used to provide security for a bona fide business operation; and,
(c) Approved by the City Council, after review of the documentation indicating the need for security and bona fide operation of a business; provided no more than two feet of such barbed wire or other such similar device is securely affixed to the top of and above a soundly constructed fence or structural barrier which is at least six feet in height. Further, regardless of the zoning district, barbed wire, razor wire, iron spikes, or other sharp-pointed material meeting the aforementioned height standards may be used for security around hazardous equipment or installations, such as, but not limited to, high voltage equipment, electrical transformers or volatile fuel installations.
(4) Snow fences. The use of snow fences on private property is prohibited during the period commencing March 15th thru November 14th of each year. This division shall not be construed to prohibit temporary fencing as required during construction projects; or as needed by the Park District, the city or other governmental agencies.
(D) Height.
(1) Rear and side yard (non-corner lots). Except as provided in division (C) of this section, no person shall place, install, construct or maintain any fence on a lot or area to a height greater than six feet and of open or semi-open or solid construction above the original grade, between the rear lot line and a line parallel to the rear lot line extending to the side yard line from the outside edge of the house foundation nearest the rear lot line and along the rear lot line.
(2) Front yard (non-corner lots):
(a) Fences of not more than five feet in height and of open construction may be erected between a line parallel to the rear lot line extending to the side yard line from the outside edge of the house foundation nearest the rear lot line and the front property line. Fences of not more than five feet and of open construction may be erected on the front property line.
(b) Fences in the front yard shall maintain a 15 foot visibility triangle of which two legs shall be measured as follows: along both sides of the driveway inward from the front property line a distance of 15 feet from the intersection of the front property line and the driveway; and along the right- of-way measured in the direction away from the driveway a distance of 15 feet. The third leg of such triangle shall be the connection of such two previously described lines. This area as defined shall be free from any fence creating a visual obstruction for traffic on street or sidewalk. This visibility triangle shall be maintained on properties adjacent to the lot on which the driveway is located for that part of the adjacent property on which the visibility triangle applies.
(3) Corner lots.
(a) For corner lots, fences in the front yard and side yard adjacent to the side street shall be not more than five feet in height and of open construction.
(b) Fences in the rear yard and side yard between a line parallel to the rear lot line extending to the side yard line from the outside edge of the house foundation nearest the rear lot line and the rear property line which are not adjacent to a street shall be not more than six feet and of open or semi-open or solid construction. Fences between a line parallel to the rear lot line extending to the side yard line from the outside edge of the house foundation nearest the rear lot line and the front property line shall be not more than five feet in height and of open construction.
(c) A 30 foot visibility triangle shall be maintained at street intersections. This "visibility triangle" is defined as an isosceles triangle of which two legs shall be measured as follows: along the street curb/edge in both directions from the intersection a distance of 30 feet. The third leg of such triangle shall be the connection of said two previously described lines. No fence shall be installed or maintained in this defined area.
(d) A 30 foot visibility triangle shall be maintained at the intersection of a street with an alley right-of-way (both improved and unimproved alley rights-of-way). This "visibility triangle" is defined as an isosceles triangle which shall be measured as follows: one leg along the street curb/edge 30 feet away from the intersection; a second leg along the alley right-of-way 30 feet away from the intersection; and the third leg of such triangle shall be the connection of said two previously described lines. No fence shall be installed or maintained in this defined area.
(E) Noncompliance. Any fence lawfully existing on March 8, 2004, which is not in compliance with this section, may continue to lawfully exist, and normal repairs to such fences are permissible which such repairs do not constitute a total fence replacement.
(Ord. 04-07, passed 3-8-04) Penalty, see § 151.999