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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 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.
(d) Exemption. Through the approval of a conditional use permit (CUP), fence heights as listed in divisions (C)(1)(a) through (C)(1)(c) above may be increased for the following types of fencing.
1. Sport court fencing. Chain link fencing surrounding the sport court may extend up to ten feet in height above the sport court surface elevation, and shall be located in the rear yard only.
2. School parking lot/recreational fencing. Chain link fencing surrounding the parking lot and/or associated with recreational space on a school property within a residentially zoned property shall not be bound by the restrictions of this section.
(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 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.
1. Sport court fencing. Chain link fencing surrounding the sport court may extend up to ten feet in height above the sport court surface elevation, and shall be located in the rear yard only.
2. Loading docks. The height of screening (fencing) for loading docks within view from a public street or adjacent residential or public property shall not be less than ten feet in height, and shall have a minimum opacity of 90%, unless otherwise approved by the City Council through the site plan review process. Fencing/screening materials used for screening of loading docks shall be comprised of a wall or fence that is harmonious with the primary structure.
3. Trash containers. Trash dumpsters and other trash containers shall be screened on all four sides, using an enclosure that is a minimum of one foot above the top of the container. The trash enclosure shall be constructed of materials that are harmonious with those of the principal structure, and shall have a minimum opacity of 90%. A gate or door of the trash enclosure shall be closed at all times except as needed to access the trash container.
(D) Traffic view.
(1) Vision triangle at streets. No fence shall be placed in such a manner as to materially impede vision between a height of two and one-half feet and ten feet above the centerline grades of the intersection of two streets, such that a clear line of vision is possible of the intersecting street from a distance of 25 feet along the edge of each street, and the third side being a line connecting the other sides, unless otherwise required or approved by the Zoning Administrator or other authorized agent. All distances from county, state, and U.S. highways shall be approved by the applicable permitting authority as needed.
(2) Vision triangle at alleys and driveways. No fence shall be placed in such a manner as to materially impede vision between a height of two and one-half feet and ten feet above the centerline grades of the intersection of a street and alley or driveway, such that a clear line of vision is possible of the intersecting street from a distance of 15 feet along the edge of the street and along the alley or driveway, and a third line connecting the other sides, unless otherwise required or approved by the Zoning Administrator or other authorized agent. All distances from county, state, and U.S. highways shall be approved by the applicable permitting authority as needed.
(E) Swimming pool fencing. Fences or walls intended to serve as a swimming pool barrier shall comply with the provisions as outlined in § 150.053.
(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)