[Amended 6-12-2017 by Ord. No. 387]
A. Fences defined. For the purpose of this section, a "fence" is herein
defined as a barrier consisting of vegetation, wood, stone, metal
or other like material. For the purpose of this section, the term
"fence" shall include plantings, such as hedges and shrubbery.
B. Fences categorized. Fences shall be categorized into five classifications:
(1) Boundary fence: a fence placed on or within three feet of the property
lines of adjacent properties.
(2) Protective fence: a fence constructed to enclose a hazard to the
public health, safety and welfare.
(3) Architectural or aesthetic fence: a fence constructed to enhance
the appearance of the structure or the landscape.
(4) Hedge: a row of bushes or small trees planted close together which
may form a barrier, enclosure or boundary.
(5) Picket fence: a fence having a pointed post, stake, pale or peg laced
vertically with the point or sharp part pointing upward to form a
part of the fence.
C. Placement of fences regulated. Fences, walls and continuous linear
shrubbery such as hedges shall be permitted in all yards subject to
the following limitations:
(1) Residential fences: permitted on property lines in Residential Districts,
but shall not in any case exceed a height of four feet; shall not
exceed a height of four feet in the front yard and shall not be closer
than two feet to any public right-of-way. Any residential fence over
four feet shall require a conditional use permit.
(2) Security fences: Security fences are permitted by conditional use
only. Security fences may be permitted on the property lines in all
districts except Residential Districts.
D. Hedges. The height and setback for hedges shall be the same as required
for fences; provided, however, that hedges three feet in height or
less, from sidewalk level, may be kept in the front setback area,
and provided further that no hedge shall be permitted in the tree
lawn area or, where no tree lawn area exists, within four feet of
any street or alley. Hedges shall be trimmed and maintained.
E. Prohibited fences. No fence shall be constructed which is in a dangerous
condition, as determined by the Building Inspector, or which conducts
electricity or is designed to electrically shock or which uses barbed
wire; provided, however, that barbed wire may be used in industrially
zoned areas if the devices securing the barbed wire to the fence are
10 feet above the ground or height and project toward the fenced property
and away from any public area.
F. Fences to be repaired. All fences shall be maintained and kept safe
and in a state of good repair, and the finished side or decorative
side of a fence shall face adjoining property.
G. Temporary fences. Fences erected for the protection of planting or
to warn of construction hazard, or for similar purposes, shall be
clearly visible or marked with colored streamers or other such warning
devices at four-foot intervals. Such fences shall comply with the
setback requirements set forth in this section. The issuance of a
permit shall not be necessary for temporary fences as described herein,
but said fences shall not be erected for more than 45 days.
H. Requirements of fences. No fence shall be constructed of unsightly
or dangerous materials which would constitute a nuisance. Any fence
not consistent with the City Historic District Guidelines addressing
fencing must receive approval from the Plan Commission.
A home occupation may be permitted as a conditional use in a dwelling unit if and only if the effect of the proposed occupation on the factors listed in §
500-35I has been evaluated and the standards set forth in §
500-35A through
H are meet, and the occupation:
A. Is operated and maintained only by a resident of the
dwelling unit in which it occurs;
B. Does not change the residential character of the dwelling
unit in which it occurs;
C. Does not have more than one employee not living in
the dwelling unit; and
D. Does not involve:
(1) The use of an area greater than 400 square feet;
(2) The use of any required front or exterior side yard
area or setback area, or the use of any required covered or uncovered
on-site parking space;
(3) Any activity or use that involves:
(a)
A significant increase in vehicular trips to
the residence;
(b)
Storage or use of hazardous waste or unsanitary
material;
(c)
Creation of excessive noise levels and/or other
nuisance factors; or
(d)
Auto, truck motorcycle, or motor boat repair.
[Added 3-11-2013 by Ord. No. 368]
A temporary shelter shall be allowed in any zoning district for up to one week without a permit and for longer periods of time, not exceeding six months, upon application to the Plan Commission for a temporary shelter permit and the granting of such a permit by the Plan Commission. Waterfront zoned properties may obtain an extension upon written request at no additional fee. The application shall describe the proposed temporary shelter and its proposed location, use, and duration, and any permit issued shall specify the type of temporary shelter, and the location, use, and duration thereof, authorized by the permit. In determining whether to issue such a permit, the Plan Commission shall consider the factors listed in §
500-35. The fee for a temporary shelter permit shall be set by the Common Council. Temporary shelters shall be allowed only as provided in this section.