[R.O. 2006 §405.325; Ord. No. 503A, 7-17-2000; Ord. No. 958, 6-21-2004]
A fence is considered to be a structure and/or materials consisting
of wood (rails or stakes), wire, masonry, vegetation (hedge) or similar
materials erected so as to provide a barrier or enclosure along the
perimeter of a lot or yard. A sightproof fence is any fence which
substantially reduces the sight distance for adjacent properties or
the street right-of-way and includes wood stockade fences, masonry
fences, shadow-box fences or thick vegetation (hedges).
[R.O. 2006 §405.330; Ord. No. 503A, 7-17-2000; Ord. No. 958, 6-21-2004]
A.
No
permit shall be required for the erection, installation or alteration
of any fence within the City limits.
B.
No
fence, wall, shrub or hedge shall be constructed to exceed six (6)
feet in height except as specifically provided as otherwise in this
Chapter.
C.
No
person shall erect or cause to be erected any electrically charged
fence.
D.
All
fencing must be maintained in good condition at all times.
E.
A fence
of a minimum height of four (4) feet shall be erected around swimming
pools as to provide a barrier or enclosure of the pool.
F.
No
barbed wire or cloth fencing is permitted in any district.
G.
Any
person who erects, builds or constructs or contracts with another
to erect, build or construct any fence or privacy screen upon property
which said person owns, leases or rents shall be responsible for the
repair, upkeep and maintenance of the fence or privacy screen and
any area adjacent thereto.
H.
Any
person who owns property upon which a fence or privacy screen has
been constructed by previous owner shall be responsible for the care,
upkeep and maintenance of the fence or privacy screen. If a previously
constructed fence is located upon a lot line, each successive owner
of the fence or privacy screen shall be responsible for its care,
upkeep and maintenance. If ownership of the fence located upon a lot
line is joint or cannot be determined, then each party owning property
adjacent to the fence shall be responsible for the care, upkeep and
maintenance of the fence facing their property. For the purpose of
this Subsection, the owner of a fence shall be deemed to be any person,
persons or their successors who purchase or otherwise acquire the
property from the person who originally erected or caused a fence
to be erected thereon.
[R.O. 2006 §405.335; Ord. No. 503A, 7-17-2000; Ord. No. 958, 6-21-2004; Ord. No. 1301, 6-21-2021]
A.
FRONT YARD
REAR YARD
RESIDENTIAL DISTRICT
SIDE YARD
YARD
Definitions. For purposes of this Section, the following terms shall
have the definitions set forth in this Subsection.
A yard across the full width of the lot extending from the
front line of the main building to the front line of the lot. The
front line of the main building to the front line of the lot is deemed
to be as platted on the approved plat for the lot by the City, and
if such plat does not designate the front line of the main building
allowed to be on the lot, it shall be deemed to be the side of the
lot that faces the street on which the building has its building address
identified.
A yard extending rearwards from the main building line the
full width of the lot between the main building line and the rear
lot line which is located behind the front building line.
A yard extending the full width of the lot which is located
between the main building line at the edge and the rear building line.
An open space, on the same lot with a building, unoccupied
and unobstructed by any portion of the structure from the ground upward.
B.
Construction Materials And Review Of Chain Link Fences. Fences in
Residential Districts shall be constructed of new wood or vinyl materials.
No repurposed or reclaimed materials shall be used. Chain link fences
four (4) feet or less in height are permitted, however, chain link
fences greater than four (4) feet in height require review and approval
by the City Building Official. If the City Building Official denies
a chain link fence, the lot owner may request a review for approval
by the Board of Aldermen. No razor wire or barbed wire fence shall
be allowed in Residential Districts.
C.
Fence Height Restriction. Fences in Residential Districts shall not
exceed six (6) feet in height.
D.
Placement Of Fencing. No fence shall extend beyond the front yard
(front building line), nor shall any fence extend beyond the side
yard (side property line) and rear yard (rear property line).
E.
Fencing At Intersections Of Streets/Alleys. To facilitate ease of
viewing at an intersection, fences in Residential Districts where
they adjoin a public street or alley shall be constructed in a manner
to provide at least a forty-five degrees (45°) angle on the fencing
between the intersection of the street/alley with the intersecting
street/alley (i.e., a sight triangle). The angle shall begin twenty-five
(25) feet from the street/alley on any side yard or rear yard adjoining
the intersection and shall complete the connection of the fence on
the lot/property. See image below for guidance:
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FIGURE 2
STANDARD SIGHT TRIANGLE
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F.
Fences Cannot Block Public Access To Sidewalks. Fences in Residential
Districts shall not block, in any way, public access to any sidewalk
which is in place at the time of installation.
G.
Fences Cannot Block Right-Of-Way. Fences shall not block, in any
way, any right-of-way owned or held by the City, State, or other right-of-way
owner. The term right-of-way shall not apply to utility lines which
run along the side yard or rear yard of a lot/property, provided that
a fence placed is readily able to be removed to allow for utility
provider access to any easement or right-of-way to install, maintain,
or operate utilities.
H.
Maintenance Of Fencing Or Removal Of Fencing. The owner of a property or lot in a Residential District shall be responsible for maintaining any fence in place, in compliance with Chapter 405, Article XII, Fencing Regulations, and to remove any fence if it becomes unmaintained, unsightly, or a menace to the public safety, health and welfare.
I.
Application Of Rules To Previously Installed Fences. Any fence installed
before the enacting date of this Section shall be allowed if the fence
was installed in compliance with the regulations of the City in effect
at the time of the installation. Any fence installed, including if
a previously allowed fence is removed and a new fence installed, shall
comply with the regulations of this Section currently in place at
the time of installation.
[R.O. 2006 §405.340; Ord. 503A, 7-17-00; Ord. No. 958, 6-21-2004]
A.
Fences
higher than six (6) feet may be permitted for security and/or screening
purposes. Barbed wire or razor wire shall be permitted only if the
lowest strand is at least seven (7) feet above grade, and when only
used for security purposes in addition to a regular fence.
B.
Fences
shall not extend beyond the front building line, unless otherwise
approved by the Planning and Zoning Commission.
C.
When
a fence is constructed to comply with screening requirements, all
fencing regulations regarding maintenance, materials and height shall
apply.
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