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No swimming pool, hot tub, or spa or any other structure erected in conjunction with a pool existing as of June 3, 1982, will be required to be moved so as to comply with the location requirements of § 150.067. All other requirements contained in this subchapter are applicable to existing swimming pools, and structures erected in conjunction with the pools.
(Prior Code, § 150.057)
No person shall discharge or cause to be discharged into the municipal storm drain system any pool, hot tub, or spa water unless dechlorinated to less than one ppm of chlorine.
(Prior Code, § 150.058) Penalty, see § 150.999
FENCES
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
FENCE. A partition, structure, wall, or gate erected as a dividing marker, barrier, enclosure, or visual obstruction, but excluding buildings and bushes, hedges, trees, and other living landscaping.
LOT. An area of land intended for occupancy or use as permitted in the Zoning Code, and otherwise meeting the requirements of the Zoning Code.
LOT LINE. The boundary line of a lot, except that where any portion of a lot extends into the public right-of-way, line will be treated as the LOT LINE.
LOT LINE, FRONT. The boundary of a lot which abuts a public or private street, and in the case of a corner lot, it is the boundary to the front of the building’s principal entrance.
LOT LINE, REAR. The boundary of a lot which is opposite the front lot line. If the REAR LOT LINE is less than ten feet in length, or if the lot forms a point at the rear, the REAR LOT LINE will be deemed to be a line ten feet within the lot, parallel to and at the maximum distance from the front lot line, for the purposes of determining setbacks.
LOT LINE, SIDE. Any boundary of a lot which is not a front lot line or a rear lot line.
YARD. The portion of a lot between a lot line, and a building on the lot.
YARD, EXTERIOR SIDE. A side yard which abuts a street or public right-of-way along the side lot line.
YARD, FRONT. The area extending along the full width of the lot between side lot lines from the street right-of-way line to the principal building on the lot.
YARD, INTERIOR SIDE. A side yard which abuts an adjacent side yard or backyard along the side lot line.
YARD, REAR. The area extending along the full width of the lot between the side lot lines from the rear lot line to the principal building on the lot.
YARD, SIDE. The area extending along the full depth of the lot between the front and rear lot lines form the side lot line to the principal building on the lot.
(Prior Code, § 150.070)
A zoning permit is required for the construction or alteration of a fence, and for any additions to a fence. The permit must be obtained in the name of the owner of the property on which the fence is or will be located. Applications must be made on forms provided by the city. Permit fees must be paid in accordance with § 33.060.
(Prior Code, § 150.071) (Ord. 2022-07, passed 10-11-2022)
(A) Location. Any fence constructed or altered after June 3, 1982, must be located entirely upon the private property of the owner to whom the building permit was issued. Ownership of the fence passes with ownership of the property. The fence must be setback a distance from the owner’s property line sufficient to avoid encroachment onto adjoining private or public property or a public right-of-way. The applicant represents that the fence will be entirely on the property of the fence applicant. At its sole discretion, the city may require the applicant for the permit to locate and mark the property line abutting the public property by having a registered surveyor place permanent survey pins or stakes on the property line.
(B) Fence size. All fence and wall heights shall be measured from the finished grade, except that the height of a railing, wall, fence, or screening affixed to a deck constructed on the ground but raised above ground level, will be measured from the elevation of the raised deck for that portion which is affixed to the raised deck. The grade at the fence line shall not be altered in any way that artificially increases the maximum permitted height of the fence. Required fence height shall be measured and applied only at each post, and no section of fence between posts shall exceed the height of the higher of the two posts between which such fence is constructed.
(C) Fence uses.
(1) Residential uses.
(a) Front yards. No fence, fence post, or post cap shall be over four feet four (52 inches) in height within a required front yard setback.
(b) Side yards. No fence, fence post, or post cap shall be over six feet six inches in height. A fence up to six feet six inches in height shall be allowed on corner lots along the corner side behind the nearest front corner of the principal building.
(c) Rear yards. No fence, fence post, or post cap, shall be over six feet six inches in height.
(2) Commercial/industrial uses.
(a) Front yards. No fence shall be over seven feet in height within a required front yard setback.
(b) Side yards. No fence shall be over seven feet in height.
(c) Rear yards. No fence shall be over six feet six (78 inches) in height.
(d) Exemption. Through the approval of a conditional use permit (CUP), fence heights as listed in divisions (C)(2)(a) through (C)(2)(c) above may be increased for the following types of fencing.
(Prior Code, § 150.072) (Ord. 2022-07, passed 10-11-2022) Penalty, see § 150.999
Every fence must be constructed in a substantial manner and of substantial material, reasonably suitable for the purpose for which the fence is intended as listed in the criteria below. Any fence which is dangerous by reason of its construction or state of disrepair or is otherwise injurious to public safety, health, or welfare is hereby declared to be a nuisance.
(A) Fences and walls shall be constructed in a manner and of such materials that do not adversely affect the appearance of the neighborhood or adjacent property values. Fences shall not be constructed from poultry netting (chicken wire), welded wire, snow fence, branches, or materials originally intended for other purposes, unless upon the showing of a high degree of architectural quality achieved through the use of such materials, and prior approval is granted by the City Manager or designee or other authorized agent.
(B) Fences and walls hereafter erected shall be durable, weather resistant, rust-proof, and easily maintained.
(C) Fences shall have structural supports (posts/footings) as required by the Building Official.
(D) Fences and walls shall be constructed of new or like new materials.
(E) The finished appearance of fences and walls shall be constructed with the higher quality finish directed toward the exterior of the property if the visual quality of the fence or wall is not the same on both sides.
(F) The framing and posts of wood, chain link, picket, stockade, and decorative metal fences shall face the inside of the parcel area fenced. The side of the fence considered to be the face (facing as applied to fence posts) shall face the abutting property.
(G) No more than two types of related fencing materials shall be used in any fence and wall.
(H) Both sides of any fence or wall shall be maintained in a condition of reasonable repair and appearance by its owner and shall not be allowed to become and remain in a condition of disrepair or danger, or constitute a nuisance, public or private.
(I) The property owner is responsible for providing proof of property line location.
(J) Retaining walls shall not be placed within any drainage, utility, or ponding easements unless also reviewed and approved by the City Engineer.
(Prior Code, § 150.073) Penalty, see § 150.999
It is unlawful for any person to construct and maintain, or allow to be constructed or maintained upon any property located within the city limits, any barbed wire fence, unless otherwise authorized herein, spiked fence, or any fence which is charged or connected with electrical current in a manner as to transmit current to a person or animal which might come in contact with the fence.
(Prior Code, § 150.074) (Ord. 2013-01, passed 9-10-2013) Penalty, see § 150.999
(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.
(Prior Code, § 150.018)
(C) Any violation of §§ 150.030 through 150.033, including a failure to file a permit when required, shall be a misdemeanor violation subject to all penal provisions of this code and the State Electrical Act. Any person who shall commence work of any kind for which a permit is required under the provisions of this code without having first received the necessary permit therefore shall, when subsequently receiving such permit, be required to pay double the fees provided in this code.
(Prior Code, § 150.023) (Ord. 2023-02, passed 7-11-2023)