[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. Definitions. For the purpose of this article, the following terms
shall be deemed to have the meaning indicated below:
FENCE
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.
PRIVACY FENCE and SEMI-PRIVACY 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
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. Definitions.
PROTECTION FENCING
a.
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.
b.
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.
RAISED VEGETABLE GARDEN BEDS
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.