§ 157.106 FENCES.
   (A)   Boundary line fences shall be located entirely upon the private property of the party constructing the fence. The party constructing the fence shall be responsible for maintaining that part of its property between the fence and the property line.
   (B)   Any applicant for a fence permit must establish the boundary lines of the property by a survey thereof, existing or to be made by any registered land surveyor or by showing the stake markers of the surveyed lot.
   (C)   Fences in all districts shall conform to the following.
      (1)   Fences in all districts shall be maintained so that all surfaces shall be uniformly painted, unpainted or stained in a neat and aesthetically pleasing condition.
      (2)   The fence shall be maintained in a condition of reasonable repair and shall not be allowed to become and remain in a condition of disrepair or danger, or constitute a nuisance, public or private.
      (3)   No fence shall be permitted on a public right-of-way or boulevard area.
      (4)   No fence shall be erected on a corner lot that will obstruct or impede the clear view of an intersection by approaching traffic.
      (5)   Any fence which is dangerous to the public’s safety or general welfare and health is a public nuisance and the city may commence proceedings for the abatement thereof. Electric fences may not be used as boundary fences and such material as hog wire, barbed wire, safety, construction, silt or snow fencing will not be allowed as permanent fencing.
      (6)   Snow fencing may be used from November 1 to April 1 with the approval of a fence permit from the City Council.
      (7)   All construction or silt fencing may be used for any work requiring a building permit and for the duration of said permit; no fence permit shall be required. Other jurisdictions may require a longer time period for the silt fence or construction fence to remain in place.
      (8)   The side of the fence considered to be the face (finished side as opposed to structural supports) shall face abutting property.
   (D)   Fencing in residential districts (R-1, R-2, R-6): a fence may be located inside the rear lot line to a maximum height of six feet and to a maximum of six feet inside the side lot lines up to the point where it is parallel to the front edge of a house. From this point forward to the right-of-way, the height of the fence shall not exceed a height of four feet. Any fence that crosses the width of the front yard shall not exceed a height of four feet.
   (E)   Fencing in business and industrial districts (MU-BR, B-2 and I-1): fences may be located along a lot line to a height of eight feet.
   (F)   A variance is needed for fences exceeding the above mentioned heights.
   (G)   (1)   Outdoor swimming pools as described below shall be adequately fenced to prevent uncontrolled access from the street or adjacent property.
      (2)   Outdoor swimming pools with a capacity of 1,500 gallons or more, or with a depth of three feet or more, of water shall be fenced in compliance with regulations below.
      (3)   A fence at least four feet in height measured from ground level shall completely enclose any permanent, outdoor swimming pool, whether it is an above-ground or in-ground pool, that equals or exceeds the conditions set forth above. Any fence over six feet in height measured from ground level shall require a variance.
      (4)   No existing fence in violation of this subdivision will be allowed to be replaced or rebuilt. Should an existing fence be replaced or rebuilt, it must come under the regulations of this division (G).
(Ord. passed 12-17-2014)