(A) Fence permit. Any property owned desiring to erect a fence on any property within the boundaries of the city is required to obtain a fence permit in accordance with the provisions and procedures set forth in this subchapter.
(B) Fence permit application. Application for the fence permit shall be made to the City Clerk/Treasurer on a form furnished by the City Clerk/Treasurer, and shall be accompanied by a permit fee set forth in the fee schedule. Each application for a fence permit shall also be accompanied by a scaled drawing showing the intended fence location in relation to all physical structures, streets, sidewalks and property lines. The application will further describe the type of material to be used in the fence as well as the height of the intended fence.
(C) Fence restrictions. The following fence restrictions will apply to all residential properties within the city boundaries.
(1) Front yard fences. A front yard is that property that lies between the front of the house/improvement and the property line. Front yard fences must adhere to the following criteria. Both street frontages shall be deemed the front lot in the case of a corner lot:
(a) Must be a picket fence, either wood or vinyl, or wrought iron and in compliance with division (D)(2) below and must be a minimum of 40% open;
(b) Can be no taller than 48 inches in height;
(c) Must be no closer than one foot to the property line or public sidewalk; and
(d) If the fence completely encloses the yard with gates closed, the property’s United States Postal mailbox must be located at the fence line.
(2) Side and rear yard fences.
(a) May be made of any material in division (D)(1) below;
(b) May be on the property line when dividing individual lots;
(c) Must be one foot from any property line adjoining a street, alley or public sidewalk;
(d) Chain link fences must not exceed 48 inches in height; and
(e) Iron, brick, stone and solid wood fences must not exceed 72 inches.
(3) Prohibited. No fence will be erected on a dedicated right-of-way or easement.
(D) Classification of fences and walls.
(1) No fence will be erected which is made of any material other than:
(a) Wire must be either chain link or double picket wire;
(b) Wood must be picket or purchased wood fencing. No other combination of new and/or used boards of different width, size and thickness except repeating patterns or two widths of new boards will be allowed;
(c) Brick or stone will be secured by mortar between each brick or stone;
(d) Hedges;
(e) Ornamental iron: 80% open;
(f) Plastic designed to appear as painted wood;
(g) Solid fences: Wood or other materials less than 50% open; or
(h) Vinyl or composite material intended to be used as fencing.
(2) All posts will be manufactured post made for fencing and shall be no more than one inch taller than the fence attached thereto. No retainer wall shall be higher than six inches above the ground it is to retain.
(E) Vision clearance at corners and railroad crossing. Except as herein provided, no hedge or other structure, or obstruction above a height of 36 inches as measured above the curb level shall be erected, placed, maintained or continued in any zone with that triangular portion of a corner lot formed by measuring 50 feet from the intersection of the right-of-way lines of two streets or the right-of-way line of a street intersection with a railroad right-of-way line and joining these points with a straight line. No type of tree, planting or other obstruction shall be planted, placed, maintained or continued in such a manner which would obstruct vision clearance at corners and railroad crossings.
(F) Commercial and Industrial Zones. Fences and/or wall within all Commercial and Industrial Zones, including those permitted with all conditionally permitted used in this zone, shall conform to the following requirements:
(1) Except as provided for in division (E) above, fences of all classes in division (D) above may be erected in side and rear yards of Commercial Zones, up to a maximum height of 96 inches. In the case of corner lots, as governed by division (E) above, fences of class A and E only may be erected up to a maximum height of 96 inches. In minimum fronts yards, fences of classes A, B, C, D, E and F may be erected up to a maximum height of 48 inches, except as governed by division (E) above.
(2) Where a lot in a Residential or Commercial Zone abuts a publicly dedicated alley, a wall or fence shall be permitted to be located on the property line in the yard that abuts the alley, provided any gate swings in toward the property. Except as noted in division (E) above, fences of all classes may be erected up to a maximum height of 96 inches in all Industrial Zones in side and rear yards and not more than 48 inches in height in the minimum front yard depth. Classes A and E fences may be erected up to a maximum height or 96 inches in the minimum front yard depth in all Industrial Zones.
(3) Walls and fences shall be permitted in any yard in an Industrial Zone. There shall be no height restriction placed on any wall or fence erected or maintained in Industrial Zones, and any barbed wire construction shall be not less than six feet above the ground.
(G) Agricultural Zones. Fences and/or walls within the Agricultural Zones shall conform to the following requirements:
(1) Except as provided for in division (E) above, class A and E fences may be erected in front yards up to a maximum height of 96 inches;
(2) Side and rear yard class A, B, C, D, E, F and G fences and/or walls may be erected up to a maximum height of 96 inches;
(3) Earthen or concrete walls shall be permitted but shall conform to requirement of the Corps of Engineers and/or City or County Engineer whichever is applicable; and
(4) Barbed wire may be used.
(H) Measurement of all fence and/or wall heights and/or locations.
(1) All fences and/or wall heights shall be measured along the fence or wall locations.
(2) All locations for distance measurements shall be measured from lot lines.
(3) All fence heights measured are determined to be from ground level to the highest point of the fence.
(I) Height of any sharp pointed fences. In all zones, sharp pointed fences, where permitted, the pointed or sharp portion of the fence must be a minimum of 60 inches above ground level except in Agricultural Zones.
(J) Height of fences atop retaining walls. Combination fence and retaining wall may be erected. The retaining wall portion may be erected up to no higher than six inches above the level of the higher finished grade. The fence portion must be of the class and height permitted within this chapter for the applicable zone. This measurement shall be made at and along the location of the fence and retaining wall.
(K) Electrified fences. No fence carrying an electrical charge shall be permitted in any zone except when such fence is used in conjunction with an agricultural use.
(L) Structural elements of fences. Fences shall be constructed so that all structural members shall be located on the side which faces the owner’s property, but not applicable to Agricultural Zones.
(M) Existing fences. All existing fences erected prior to the passage of the ordinance from which this section was derived which may be in violation of any part of this chapter’s provisions may remain as a non-conforming fence if in good condition. When destroyed, damaged and/or replaced, a permit as stated in division (A) above will apply for the erection of a replacement fence, but must comply with all other divisions of this section.
(N) Unsound fences. All fences and/or walls shall be kept in state of good repair. Decrepit, rundown, decaying, ramshackle, falling down, falling to pieces, falling apart and unsound fences will be cited.
(O) Violations.
(1) Any property owner or other person violating any of the provision of this section, including but not limited to the failure to obtain a permit prior to commencing construction, shall become a lien against such property.
(2) Upon a determination of a violation by the Code Enforcement Board or a court of competent jurisdiction. Unless, within ten days thereof, the subject fence has been removed, the city may remove it.
(3) Removal costs to be access against the subject property, upon which the fence has been erected or is in disrepair. These costs shall become a lien against such property.
(Ord. 2021-05, passed 6-14-2021) Penalty, see § 152.999