(A) Fences.
(1) Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
FENCE. Any row of stakes, posts, poles, or other vertical supports connected by wire, wood, plastic, or metal is considered a FENCE. Posts not connected but located less than six feet apart so as to form a barrier or define an area are also considered a FENCE.
(2) Location. All boundary fences shall be installed directly adjacent to and on the owner’s side of the property line. It is the property owner’s responsibility to determine the property line. If adjoining property owners cannot agree on the location of the property line, a survey shall be obtained to determine the property line at the cost of the person installing the fence. Determination of the property line location is not the responsibility of the city. No individual may install a fence in any public right of way. No fence shall be located nearer than two and one-half feet to a platted alley.
(3) Construction. Fences shall be installed so that the “face side” or non-structural side is facing the outside, adjoining property or right of way. The structural side that contains the posts, cross members, and the structural pieces shall face toward the fence owner’s side of the property line. All fences shall be constructed of rot resistant materials, preserved, or treated to resist deterioration from the elements. All rear and side yard fences over 48 inches high shall have a minimum of 10% opening for air and light. Any fence that is more than 90% solid or does not let 10% air or light pass through the fence shall be considered a wall and shall be constructed using building setbacks. No fence may support a roof. If a fence supports a roof, it will be considered a structure and will be subject to normal building setbacks.
(4) Access. Access must be available for public utilities personnel to access their equipment and read related meters.
(5) Maintenance. All fences must be installed in a proper workmanlike manner. The fence must be maintained in both structure and finish to be neat in appearance.
(6) Swimming pools. All permanent swimming pools must be fenced and properly gated in accordance with the BOCA National Building Codes.
(7) Height; residential fence heights; maximum.
(a) Rear yard. Six feet. Privacy screening fences up to six feet in height are allowed within the setback areas of a rear or side yard;
(b) Side yard. Six feet except within the setback area, three feet maximum height;
(c) Front yard. Three feet within the 25-foot setback area;
(d) Corner lots. Must allow for the traffic visibility triangle of creating a diagonal line 30 feet back from the corner of two intersecting curbs or curb lines. Nothing in this area may be more than two and one-half feet high; and
(e) A fence more than three feet high that is adjacent to a driveway in a rear or side yard, must be reduced to three feet maximum height within 15 feet of the driveway or set back 15 feet from the property line.
(8) Easement. An owner may install a fence on a utility easement at their own risk. Such fences may be removed or damaged if access is needed on the easement. The replacement or repair of the fence is the responsibility of the property owner.
(9) Prohibited fences. In residential areas:
(a) Barbed wire;
(b) Electric fences, except for underground pet fences;
(c) Fences with spiked tops;
(d) Woven chicken wire except when used for gardening;
(e) Woven wire not specifically made as a landscape fence;
(f) Chain link fence without a top rail;
(g) Any fence where climbing or traveling over the fence will obviously result in injury; or
(h) Snow fences made of wood or plastic other than temporary fence between November 1 and April 10 of each year. Snow fences may not cause snow to accumulate on the roadway or property of others.
(10) Compliance. Any fence that is currently noncompliant may not be rebuilt or repaired without a permit and must follow current regulations.
(11) Permit. A permit must be obtained prior to the installation of any permanent fence. Any person that fails to obtain a permit to install a fence is subject to a misdemeanor. The payment of a misdemeanor fine does not allow a person to install a fence not in compliance with the regulations and a permit must still be obtained.
(12) Temporary fences. Temporary fences may be constructed for construction sites, securing vacant buildings, snow fencing or gardening. Temporary fences may be installed for a maximum of 150 days.
(B) Vision clearance; fences, walls in front yard.
(1) In any residence zone or any corner lot, no fence or accessory structure or planting shall rise over two and one-half feet in height above the level of the public sidewalk within 20 feet of any corner, so as to interfere with traffic visibility across the corner.
(2) No fence or wall or shrub planting of more than two and one-half feet in height above the level of the public sidewalk shall be erected on any interior lot within ten feet of the front property line where it will interfere with traffic visibility from a driveway.
(C) Swimming pools. Swimming pools of a permanent nature must be enclosed by a fence of at least five feet in height.
(D) Public right-of-way. No fence shall be permitted on a public right-of-way or boulevard area.
(E) Residential district. No barbed wire shall be allowed in a residential district except barbed wire fences presently used in farming operations.
(F) Screening wall. For patio/decks screening walls that do not extend more than 20 feet in length, may exceed the six-foot height limitation if the wall does not encroach upon side yard and rear yard lot setback requirements.
(G) Commercial/industrial district. No barbed wire shall be used for fencing except that it may be used on security fences which are at least six feet high exclusive of the barbed wire.
(H) Height limitation. Fences in a commercial or industrial district shall be limited to six feet in height.
(I) Fence maintenance.
(1) Both sides of fences shall be maintained in good condition both in appearance and in structure. Wood material, other than decay resistance varieties, shall be protected against decay by use of paint or other preservative.
(2) If 25% or more of the painted surface of a fence is determined by the enforcement officer to be paint blistered, the surface shall be properly scraped and repainted. Maintenance is a responsibility of owner.
(2006 Code, § 11.20) (Ord. 119, 3rd Series, passed 5-22-1998; Ord. 194, Third Series, passed 12-9-2014) Penalty, see § 152.99