(a) Definitions and Application. The words "fence" and "wall" mean any structure composed of wood, metal, stone, brick or other material erected in such a manner and position as to enclose, partially enclose or divide any premises or any part of any premises. Trellises or other structures supporting or for the purpose of supporting vines, flowers or other vegetation when erected in such a position as to enclose, partially enclose or divide any premises or any part of any premises shall also be considered a fence.
The provisions of this section shall apply to all zoning districts. Fences approved as a part of a site plan or during development plan review shall not require a separate Zoning Permit.
(b) Regulations.
(1) Barbed wire or similar sharp point fences are prohibited.
(2) Electrically charged fences shall be forbidden in all districts except on sites of more than ten (10) acres used to confine livestock.
(3) 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.
(4) All fences and walls must present the finished non-structural face outward.
(5) No fence or wall may be placed within the sight visibility triangle defined in Section 1183.03
(c).
(6) No fence or wall shall be permitted to encroach upon public rights-of-way or easements.
(7) No mesh wire fence, consisting of woven, knotted or interlocking wires in an open configuration of evenly spaced holes of less than four (4) inches in any dimension, shall be constructed in any district.
(8) No fence shall be constructed on any property line; nor shall any fence be constructed on or within any easement.
(9) No fence or wall shall be constructed in any platted no-build zone, conservation/no disturb zone, floodway, floodplain or drainage easement for any parcel or subdivision, which would be detrimental to the public health, safety and welfare. All portions of the property shall remain accessible from outside the fence area by means of a gate or other opening.
(10) All fences on a parcel shall have a unified style.
(11) Guard rails shall not be used as fencing.
(c) Zoning Permit Required. No fence shall be constructed, altered or reconstructed without a Zoning Permit from the Zoning Inspector. Applicable Fees shall be as set by Council.
(d) Inspections. 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 approved by the Municipality, and such fence does not encroach upon another lot or parcel of land nor is it in violation of any deed restrictions. The Municipality 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 Municipality shall not be construed to mean that the Municipality has determined that the fence is not encroaching upon another lot, nor shall it relieve the property owner of the duty imposed upon him therein.
(e) Exemptions for Temporary Fences. The following temporary fences shall be exempt from the provisions of this section:
(1) Temporary construction fences when such fence is indicated on an approved site plan.
(2) Temporary fences used for Special Events and shown on an approved site plan for said event.
(3) Temporary snow fence installed by any Government agency.
(4) Temporary fences installed for the protection of the public from any obvious danger.
(Ord. 13-11. Passed 10-24-11.)
(Ord. 13-11. Passed 10-24-11.)