[Ord. No. 21-04, 3-2-2021; CC 1990 § 5-138; Ord. No. 99-06 § 2, 7-6-1999; Ord. No. 09-14 §§ 1 – 2, 10-6-2009]
A.
Purpose. The fence regulations set forth supplement the district regulations for each district in the zoning regulation.
B.
FENCE
PRIVACY FENCE and SEMI-PRIVACY FENCE
TEMPORARY BARRIERS
Definitions. For the purpose of this article, the following terms shall be deemed to have the meaning indicated below:
A structure and/or materials, other than plant material, erected to provide a barrier or enclosure within or around a lot or any portion thereof. Shrubs, hedges, trees and other plant material shall not be considered a fence.
A fence over three (3) feet tall that is solid or almost solid that shields the space from observance by people outside the perimeter of the fence.
Temporary barriers may be erected during the time period of September 1 through February 28 to coincide with the white-tail deer "rut." The barrier may be comprised of plastic or nylon netting material supported with temporary-type posts. The netting material and posts shall be removed by February 28.
C.
Fence Regulations:
1.
The fences shall be located within the rear yard (as defined in the zoning regulations) of the property. No fence shall be located in the front yard as defined in the zoning regulations.
2.
Swimming Pool And Open Water Retention Basin Safety Devices. Every person owning land on which there is situated a swimming pool and/or a water retention basin which contains twenty-four (24) inches or more of water in depth at any point and greater than two hundred fifty (250) square feet in area shall erect and maintain thereon an adequate enclosure either surrounding the property or pool area sufficient to make such body of water inaccessible to small children. Such enclosure, including gates therein, must be not less than four (4) feet above the underlying ground; all gates must be self-closing and self-latching with latches placed four (4) feet above the underlying ground or otherwise made inaccessible from the outside to small children.
3.
Prohibited Fences. Certain fences shall not be allowed, including privacy fences and semi-privacy fences, fences made of chicken wire, barbed wire, chain link or similar materials. Electric fences above ground shall not be permitted unless used on larger lots consisting of not less than two (2) acres which have been authorized for the maintaining of livestock. Fences which exceed the height of six (6) feet shall not be permitted.
Exception for "C" and "PC" Districts: The use of vinyl coated chain-link fencing shall be permitted for use in the "C" and "PC" Districts as part of an approved stormwater control system, including detention and/or retention systems, but the specific location, color, height, wire gauge, and design of the vinyl coated chain link fencing must be specially approved by the Board of Aldermen. The Building Commissioner shall not have the authority to authorize a permit for vinyl coated chain-link fencing unless the fencing has been authorized by the Board of Aldermen.
D.
Permit Required. No person shall erect or maintain within the City any fence without first having complied with the provisions of Article IV of this Chapter and having obtained a building permit. A person seeking architectural approval and a building permit shall comply with the regulations appearing elsewhere in the Building Code with regard to submitting plans and drawings for constructing and/or erecting a structure. There shall be a permit fee of twenty-five dollars ($25.00) paid to the City when submitting plans, drawings and application for a fence building permit and a fee of forty dollars ($40.00) paid to the City each time the City requires an inspection be made by the Building Commissioner. Normally there will be two (2) inspections; post hole and at the completion of the fence unless the City determines that more inspections are required because of the type of construction. Temporary barriers will not require a permit.
E.
Fences existing at the time of adoption of these regulations may remain, however, should those fences fall in disrepair or be damaged to the extent that fifty percent (50%) of the fence requires replacement, then the entire fence shall be brought into compliance with the requirements of the fence regulations (unless the damage is caused by storm or outside the owner's control). Any fence that is not in compliance with these regulations at the time of adoption may not be replaced without complying with the regulations.
[Ord. No. 21-04, 3-2-2021; Ord. No. 06-05 §§ 1 – 2, 4-4-2006]
Any drainage, overflow, leakage, splash out or other discharge of water from a public, semi-public or family swimming pool shall under no circumstances be discharged in a manner that causes standing or stagnant water or creates a nuisance for the owners or tenants of surrounding properties.
[Ord. No. 21-04, 3-2-2021]
A.
No person shall store or keep liquefied petroleum gases within the City except under the provisions of this Section.
B.
A resident may maintain a one thousand (1,000) gallon tank under the Code fire safety regulations for the purpose of storing fuel to be used in his/her domestic situation.
C.
A contractor may apply for and receive a special permit from the Director of Public Safety for a period not to exceed thirty (30) days to store prohibited materials on a building site; the Director of Public Safety, with the protection of the public in view, may extend such permit. The Director of Public Safety shall issue such permit only when he/she is satisfied that all precautions he/she deemed necessary shall have been taken.
D.
No prohibited material shall be divided, pumped, distributed or transferred within the City except under permit from the Director of Public Safety, and any sale thereof is prohibited.
E.
The regulations under this Section do not apply to gasoline, kerosene and like fuels which are regulated under other portions of this Code.
[CC 1990 § 5-1; Code 1977 § 14.110]
[Ord. No. 21-04, 3-2-2021]
A.
Purpose. Vegetable garden beds are permitted on residential lots as set forth in the following regulations.
B. PROTECTION FENCING a. b. RAISED VEGETABLE GARDEN BEDS
Definitions.
BOX-TYPE FENCED STRUCTUREA "box-type fenced structure" is an open-air enclosure of the bed comprised of wood or black and/or green posts to support the wire fencing for the beds described in this Subsection. This wire fencing is defined in Subsections (E) and (F) of this Section. The top framework holding fencing, including domed, or hoop garden coverings, shall not exceed six (6) feet, six (6) inches in height above the underlying ground.
STAND-ALONE FENCESStand-alone fences conforming to the provisions set forth in Section 500.190, Fence Regulations, and Subsections (E) and (F) in this Section are permitted and as shown in Subsection (F), Permitted Protection Fences, in this Section.
A "raised vegetable garden bed" is for personal use only. The freestanding bed is constructed with the bottom surface of the beds flush to the ground and the surrounding containment walls should not exceed two (2) feet in height from the surrounding existing grade level. The containment walls can be composed of wood which is aesthetically designed and approved, metal capped wood framing, or natural or factory finished aesthetic masonry block material. All designs and materials are subject to Clarkson Valley approval for use.
C.
Location On Residential Property. Each bed or combination of beds shall be located within the building lines in a rear yard only.
D.
Permit Required. A building permit is required for the raised vegetable garden bed, box-type fenced structure and protection fences. The submittal requirements include site plan indicating the proposed location in scale, details of the design of proposed walls and fencing.
E.
Prohibited Protection Fences. All fences in a front yard. Galvanized wire fencing, and orange construction-type mesh fencing. See referenced Subsection (F) for permitted protections fences and also Section 500.190(E).
F.
Permitted Protection Fences. Vinyl or powder-coated welded wire, hoop fencing, and polypropylene mesh fencing. Approved colors for coated and mesh fencing shall be one (1) of the following: black, brown, dark bronze, medium or dark green.
