(A) Permit not required in certain cases. Building permits are not required to construct fences if six feet or less in height.
(B) Location.
(1) Fences shall be located entirely upon the private property of the owner for whom the fence is constructed. The city may require the owner of the property with an existing fence to establish the boundary line of his or her property by a survey.
(2) All exterior storage shall be screened. The exceptions are: merchandise being displayed for sale; materials and equipment currently being used for construction on the premises; and merchandise located on service station pump islands.
(3) The screening required in this section shall consist of earth mounds, berms, or ground forms; fences and walls; landscaping (plant materials); or landscaped fixtures (such as timbers), used in combination so as to block direct visual access to an object. Fences must have an opacity no greater that 95%.
(4) Except as specified in this subsection, all wire fences, including barbed wire fences, electrical fences, and chicken and hog wire fences, shall only be permitted in the A-1 District when related to farming or hobby farms, and on farms in other districts when related to farming, but not as boundary line fences.
(C) Construction, maintenance, and limitations on use. All fences shall meet the following requirements:
(1) Fences shall be constructed in a workmanlike manner and of cut lumber, brick, fieldstone, wrought iron, maintenance free PVC (Poly Vinyl Chloride), chain link (with a minimum thickness of gauge 11 and a required top rail support), stockade or board-on-board wood. Barbed wire and temporary mesh fencing shall not be permitted.
(2) Every fence shall be maintained on both sides in a condition of good repair and shall not be allowed to become or remain in a condition of disrepair or danger, or constitute a nuisance, public or private. Any fence which is or has become dangerous to the city health and welfare is a public nuisance, and the city may commence proper proceedings for the abatement thereof.
(3) No fence shall be constructed of used or discarded materials in disrepair, including, but not limited to, pallets, tree trunks, trash, tires, junk or other similar items. Materials not specifically manufactured for fencing, such as railroad ties, wooden doors, landscape timbers or utility poles shall not be used for, or in the construction of a fence.
(4) Electrical fences shall not be permitted except for agricultural purposes. Barbed wire fences shall only be permitted on farms or for special security requirements by conditional use permit.
(5) All fences shall be constructed of steel or wood posts properly supported and braced by top rails that shall be located on the inside of the fenced enclosure.
(6) Swimming pool fences shall be required to comply with additional regulations set forth in § 155.054(D).
(D) Residential and public/institutional fencing and screening. For residential and public/institutional fencing and screening, the following restrictions shall apply:
(1) Except as provided herein, fences outside the buildable area of a lot may not exceed six feet in height.
(2) Except as provided herein, fences within the buildable area of a lot may not exceed eight feet in height.
(3) No fence may extend closer to the street than the principal building, except as follows:
(a) Decorative fencing is allowed in the required front yard if not designed or serving as an enclosure and subject to the requirements of § 155.032 “Traffic Visibility”. Decorative fencing includes such things as split rail, picket, and brick fences, but not such things as chain link fences. The allowed height for a brick wall or split rail is three feet (36 inches) from the top of the wall or top rail. The allowed height for a wrought iron (or similar product) and picket fence is three and one-half feet (42 inches), at its tallest point, with at least 50% opacity;
(b) A fence may be erected upon any portion of a front lot line, which also serves as the side lot line of a corner lot. This fence may not extend beyond the front of the principal building.
(c) Fences for athletic and recreational fields and playground areas.
(4) The most aesthetic or appealing side of the fence must face the adjacent properties in all districts.
(E) Business and industrial fencing.
(1) Business and industrial fences may be erected up to eight feet in height. Fences in excess of eight feet shall require a conditional use permit. In no case shall a fence exceed 12 feet.
(2) All business and industrial fences shall be restricted to the side and rear yard.
(3) Property owners in the Crow River Industrial Park, Quam Area Industrial Park and Oakwood Parkway Industrial Area may submit a security fence site plan to the Zoning Administrator proposing fencing taller than those permitted by this section or proposing the use of barbed wire atop a fence for security reasons. The Zoning Administrator may approve the site security fencing plan and its proposed exemption of fences from the standards of the section, upon making the finding described in division (a) below and imposing the requirements set forth in division (b) below.
(a) Fence height exemption for security or safety reasons. The condition, location, or use of the property or the history of activity in the area, indicates the land or any materials stored or used on it are in significantly greater danger of theft or damage than surrounding land, or represent a significant hazard to public safety without a taller fence or the use of barbed wire atop a fence.
(b) Security fences with barbed wire atop must meet the following conditions:
1. Must be a minimum of six feet in height (measured without the security arm).
2. The security arm shall be angled in such a manner that it extends only over the property of the permit holder and does not endanger the public.
3. Increased landscaping must be installed to screen the fence to lessen any potential adverse effect on the appearance or value of adjacent properties.
(F) Special purpose fences and fences differing from standards.
(1) Fences for special purposes and fences differing in construction, height, or length may be permitted in any district in the city by issuance of a special fence permit by the Zoning Administrator. Findings shall be made that the fence is necessary to protect, buffer, or improve the premises for which the fence is intended and shall not negatively impact adjacent properties.
(2) Chain link fences (without slat screens) used for the enclosure of tennis courts or other such recreational purposes shall not exceed ten feet in height and shall be located in a rear yard only.
(G) Retaining wall fences. Any retaining wall exceeding four feet in height or series of retaining walls with a greater vertical drop than horizontal distance shall be protected at the top of the wall (or at the highest wall section) by a minimum three foot high fence. The fence shall be of sufficient design to adequately warn people of the retaining wall and must be no further from the back of the retaining wall than the height of the fence. This requirement shall be considered satisfied if the retaining wall is entirely within a yard fenced around the perimeter.
(H) Domestic animal enclosures. In all residential districts, domestic animal enclosures shall not be permitted in the front yard or in the case of a corner lot, the area between the street right-of-way and the minimum required building side yard setback line. Any domestic animal enclosure shall not be located closer than ten feet to any property line and not closer than 25 feet to any dwelling unit other than on the owner’s property. No such enclosure shall exceed 120 square feet.
(Ord. 110, passed 11-15-97; Am. Ord. 0203, passed 4-9-02; Am. Ord. 0204, passed 8-13-02; Am. Ord. 0313, passed 11-14-03; Am. Ord. 0408, passed 12-14-04; Am. Ord. 0605, passed 7-25-06; Am. Ord. 0701, passed 1-9-07; Am. Ord. 0802, passed 3-11-08; Am. Ord. 0803, passed 4-22-08; Am. Ord. 0903, passed 10-27-09; Am. Ord. 1003, passed 6-8-10; Am. Ord. 1905, passed 12-10-19) Penalty, see § 155.999