For the purpose of this article, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
A lot situated at the junction of two or more public streets.
An open, unoccupied space on a lot facing a street and extending
across the front of a lot between the side yard lines.
A lot situated in a block with frontage on only one public
street and specifically not a corner lot.
The side yard lot line of a corner lot that is adjacent to
an interior lot’s side yard line.
A space unoccupied by a principal structure extending for
the full width of the lot between a principal structure and the rear
lot line.
A corner lot where the rear lot line is adjacent to a side
lot line of an adjoining lot or across an alley from such side lot
line.
An open, unoccupied space on the same lot with the building,
situated between the building and the side line of the lot, and extending
through from the street or the front line to the rear line of the
lot. Any lot line not a rear line or a front line shall be deemed
a side line.
(2001 Code, sec. 152.01)
No fence, guy wires, braces or any post of such fence shall
be constructed upon or caused to protrude over property that the city
or the general public has dominion and control over, owns or has an
easement over, under, around or through, except upon utility easements
that are permitted to be fenced.
(2001 Code, sec. 152.05)
It shall be unlawful to erect a fence at a height exceeding
eight feet in any rear yard or along any rear yard lot line.
(2001 Code, sec. 152.06)
It shall be unlawful to erect a fence at a height exceeding
eight feet in any side yard or along any side yard lot line.
(2001 Code, sec. 152.07)
(a)
Corner lots.
It shall be unlawful to erect a fence in the required front yard building setback area on any corner lot, except along the interior lot line in accordance with subsection (b) of this section.
(b)
Interior lots.
(1)
It shall be unlawful to erect a fence over thirty-six inches in height
in the required front yard area on any interior lot.
(2)
It shall be unlawful to erect a fence in the required front yard
area on any interior lot that does not have at least fifty percent
through vision.
(3)
It shall be unlawful to maintain a fence in the required front yard
area of an interior lot in a manner that does not permit at least
fifty percent (50%) through vision.
(2001 Code, sec. 152.08)
On all reverse frontage corner lots it shall be unlawful to
construct a fence within the required side yard area that is adjacent
to a front yard area at a distance closer than fifteen (15) feet of
the side property line.
(2001 Code, sec. 152.09)
(a)
No
fence erected on property zoned for residential use or used for residential
use shall be electrically charged in any manner or form. This exclusion
includes but is not limited to fences electrically charged by battery
or those tied in with the regular electrical outlet.
(b)
No fence erected on property zoned for residential use or used for residential uses shall be constructed of barbed wire fencing unless the same is approved by the officer(s) mentioned in section 3.07.051.
(c)
In
nonresidential areas, fences armed with barbed wire and arms are permitted
on fences over six (6) feet in height. Such arms may not extend over
public right-of-way or easements or over private property of another
person.
(2001 Code, sec. 152.10)
In order to allow ingress and egress for fire department personnel
and fire department equipment, there shall be at least one gate or
opening, with a minimum width of three (3) feet, in each fence adjacent
to or running parallel to any public alley, drainage easement or utility
easement. This provision shall not apply to utility easements that
the city has allowed to be completely fenced in.
(2001 Code, sec. 152.11)
Upon completion of the installation of a fence, the building
inspector and/or mayor shall be called upon for inspection. A certificate
of acceptance will then be issued or a rejection slip indicating the
defects in the same. All fences constructed under the provisions of
this article shall be maintained as to comply with the requirements
of this article at all times.
(2001 Code, sec. 152.12)
In all cases of direct conflict between this article and the
zoning regulations of the city concerning construction and maintenance
of fences, this article shall prevail. In all cases of conflict between
this article and any specific ordinance changing the zoning on a particular
tract of land, the ordinance changing the zoning shall prevail.
(2001 Code, sec. 152.13)
Any deviation to the height regulations established by this
code, may be granted by use of a specific use permit (SUP) issued
by the city council.
(Ordinance O-2024-0409-B adopted 4/9/2024)
It shall be unlawful for any person to erect or have erected
a fence, or any part of a fence, of permanent construction in the
city without first obtaining a fence permit from the office of the
building inspector and/or mayor.
(2001 Code, sec. 152.02)
Any person making application for a fence permit shall sign
an application for the same showing the following information:
(1)
The
applicant’s name and address and, if the applicant represents
a company or corporation, the name and address of the supervisor or
foreman of the company or corporation and the name of its president.
(2)
Name
of the owner of the property.
(3)
Local
address where the fence is proposed to be erected.
(4)
Type
of fence construction.
(5)
Height
of fence.
(6)
Plat
showing the lot on which the fence is proposed to be erected, and
location of adjoining or adjacent lots, and with heavy black lines
outlining the location of the proposed fence.
(7)
Approximate
valuation.
(2001 Code, sec. 152.03)
A minimum fence permit fee as prescribed in section A5.006 of the fee schedule (appendix A of this code) shall be charged for each permit issued.
(2001 Code, sec. 152.04)
