(a)

Purpose. The purpose of this section is to provide for the installation of fences and protect the public's health, safety, and general welfare.

(b)

Permit required.

(1)

No person, except as exempted under subsection (c) of this section, shall construct or cause to be constructed or erected within the city any fence without first applying for a fence permit. A building permit shall be obtained if required by the building code.

(2)

The permit shall include:

a.

The name, address, phone number, and signature of the property owner and applicant.

b.

The address of the property on which the fence is to be constructed.

c.

The name and contact information for the person installing the fence.

d.

A sketch showing the proposed locations of the fence on the property in relation to property lines, existing buildings, and other pertinent information.

e.

A description of the fence material, height, design, and dimensions.

(3)

Permit fee. The city council may by ordinance establish a fee for a permit issued under this section. The permit application shall not be considered complete until the permit fee has been received by the city.

(c)

Exempt fences. The following fences are exempt from this section provided the requirements of section 117-1035, as may be amended, are achieved:

(1)

Fences used for containment of livestock in conjunction with farm and related agricultural uses within the U-R urban reserve district.

(2)

Ornamental fences as defined in section 117-1.

(3)

Temporary fences associated with limited, short-time special events.

(4)

Fences associated with public safety emergencies or operations.

(5)

Silt fences.

(6)

"Invisible" fences used for containment of domesticated pets.

(7)

Fences not exceeding six feet in length and not reasonably contiguous.

(d)

Prohibited fences. The following fences are prohibited within the city:

(1)

A series of gates.

(2)

Electric or high tensile wire, except in conjunction with agricultural operations in the U-R urban reserve district.

(3)

Barbed wire or razor wire fences, except as provided in subsection (c) of this section.

(4)

Fences including creosote lumber.

(5)

Fences including chicken or woven wire, except in the U-R district.

(6)

Makeshift, flimsy materials, or material such as paper, twine, rope, tin and the like, except when used for traffic control or police security.

(7)

Plastic webbing, except as follows:

a.

When used for police control.

b.

When used to mark snowmobile trails from October 15 to April 15.

c.

When used by property owners abutting undeveloped land as snow screening. This use is only permitted in rear or side yards and is only allowed from October 15 to April 15.

This section does not prohibit the use of prefabricated plastic material intended to resemble wood products.

(8)

Any fence which is or has become dangerous to the public safety, health, or welfare. Such fences shall be declared a public nuisance and the city shall commence proper proceedings for the abatement thereof.

(9)

Fences with components not designed or intended for employment as fence material, including, but not limited to, garage doors, tires, sheet metal, ribbed steel, metal siding, corrosive metal, solid (i.e., more than 90 percent opaque) metal, galvanized ribbed steel, household items (appliances, fixtures, furniture), and the like.

(10)

Fences made of pallets so long as the pallets are made only of milled lumber and are not stamped with the following markings:

(e)

General requirements.

(1)

Fences placed upon utility easements are subject to removal by the city or utility company if required for maintenance or improvement of the utility. In such case, costs for removal and replacement shall be the responsibility of the property owner.

(2)

Living fences as defined in section 117-1 placed on utility easements containing overhead wires shall not exceed 15 feet in height. Such living fences shall be the property owner's responsibility to maintain except that the owner of adjacent property may trim or prune parts of the living fence that extend onto their property.

(3)

Construction and maintenance standards.

a.

Every fence shall be constructed in a substantial manner and of material reasonably suited for the purposes for which the fence is proposed to be used.

b.

That side of any fence considered to be its "face" (i.e., the finished side having no structural supports) shall face abutting property or street right-of-way.

c.

Solid walls up to eight feet in height which are not part of buildings may be constructed and maintained only in the area of a lot where buildings are allowed. Solid wall fences over four feet in height require the issuance of an interim use permit.

d.

Except for solid walls, fences shall be at least five percent open vertically for passage of air, light and drainage. The five percent opening does not include horizontal surfaces above or below the fence.

e.

No fence shall be constructed which is approximately parallel to an existing fence and closer than two feet so as to create an area between the fences which has limited accessibility for purposes of maintenance.

f.

If using wooden pallets, they shall be uniform in size, color and pattern.

(4)

Boundary line fences. A fence which requires periodic maintenance shall be located no closer than two feet from any lot line on the property of the person constructing or causing the construction of the fence unless encroachment up to the property line is authorized in writing by the adjoining property owners. A fence that is prefabricated and marketed as maintenance-free material may be constructed up to any property line without written approval of the adjacent property owner provided all parts of the fence, including post anchors, are located within the property of the owner.

(f)

Residential fencing and screening.

(1)

Except as provided herein, fences outside the building area of a lot may not exceed six feet in height.

(2)

Except as provided herein, fences within the buildable area of a lot or in the case of a rear lot line at least ten feet from the rear lot line, may not exceed eight feet in height.

(3)

Fences extending across front yards and side yards abutting a public right-of-way shall not exceed six feet in height and shall be at least 75 percent open space for passage of air and light and shall conform to subsection (e) of this section and provided the requirements of section 117-1035, as may be amended, are achieved.

(4)

Fences extending across rear yards abutting alleys may be constructed to the property line provided the requirements of section 117-1035, as may be amended, are achieved.

(g)

Business and industrial fencing.

(1)

Except in a required front yard, business and industrial fences may be erected up to eight feet in height. Fences in excess of eight feet, not located in a required front yard, shall require a conditional use permit.

(2)

Business and industrial fences with barbed wire security arms shall be erected a minimum of six feet in height (measured without the security arm). The security arm shall be angled in such a manner that it extends only over the property of the permit holder and does not endanger the public. Such security fencing shall be prohibited within a required front yard or when located along a property line abutting a residential use.

(3)

Fences extending across rear yards abutting alleys may be constructed to the property line provided the requirements of section 117-1035, as may be amended, are achieved.

(h)

Special purpose fences. Fences for special purposes and fences differing in construction, height or setback that are not constructed within a required front yard may be permitted in any district as an interim use permit subject to special conditions. See division 7 of article II of this chapter.

(i)

Nonconforming fences. It is the intent of this chapter to allow the continuation of such nonconforming fences until they are discontinued as provided herein. However, it is not the intent of this chapter to encourage the survival of nonconforming fences and such fences that are declared to be incompatible with permitted fences within the city. Such fences shall be regulated by the following provisions:

(1)

An existing fence not allowed by this chapter in the district within which it is located, except when required by law or ordinance, shall not be enlarged, extended, reconstructed, or structurally altered unless such fence is changed to comply with the requirements of this chapter.

(2)

Maintenance of a nonconforming fence will be allowed when this includes necessary repair and incidental alterations which do not expand or intensify the nonconforming fence.

(Ord. No. 02-2006, exh. 1(19.01), 6-5-2006; Ord. No. 2017-06, §§ 1—5, 10-9-2017; Ord. No. 2021-02, 6-14-2021)

(a)

Approvals and permits. Construction, related site alteration, and safety plans for all in-grade and all semipermanent abovegrade pools shall be reviewed and subject to the approval of the building official. Building permits for swimming pools shall be required pursuant to the International Building Code. A permit shall be required for swimming pools holding 5,000 gallons or more. Each application for a permit to construct or erect a swimming pool shall be accompanied by plans as detailed in division 5 of article II of this chapter as well as showing:

(1)

The proposed location of the pool and its relationship to the principal building on the lot and any other structures located on the same lot.

(2)

The type and size of the pool.

(3)

Fencing and other fixtures existing and proposed on the lot, including utility location and trees.

(4)

The location, size and types of equipment to be used in connection with the pool, including but not limited to filter unit, pump, furnace (if included), fencing and the pool itself.

(5)

That the requirements contained in this section will be satisfied including submission and approval of a site plan.

(b)

All swimming pools for which a permit is required and granted shall be provided with safeguards to prevent children from gaining uncontrolled access. This can be accomplished with fencing, screening or other enclosure, or any combination thereof, of sufficient density as to be impenetrable. If fences are employed, they shall be at least four feet in height. The bottoms of the fences shall not be more than four inches from the ground nor shall any open space in the fence be more than four inches. Fences shall be of a noncorrosive material and shall be constructed as to be not easily climbable. All fence openings or points of entry into the pool enclosure shall be equipped with gates or doors. All gates or doors to swimming pools shall be equipped with self-closing and self-latching devices placed at a sufficient height so as to be inaccessible to all small children. The fencing requirements of section 117-1127 apply to all pools as defined in subsection (a) of this section. Prior to filling the pool, the pool must be fully enclosed with a fence, which may be temporary and portable, not less than four feet in height. A permanent fence must be completely in place within 45 days of filling the pool. If the permanent fence is not completed within 45 days of filling the pool, the city building official will require the property owner to completely drain the pool.

(c)

In all residential districts, swimming pools shall be set back ten feet from all adjoining lots and, except for fences and pump enclosures, shall be located at least ten feet away from any other building or structure on the same lot and shall not be located within a drainage or utility easement. Swimming pools shall not be permitted in a front yard or in the area between the street right-of-way and the minimum required building side yard setback line.

(d)

No swimming pool shall be constructed beneath overhead utility lines of any type or above underground utility lines of any type.

(Ord. No. 02-2006, exh. 1(19.02), 6-5-2006)

(a)

All exposed ground areas, including street boulevards, and areas not devoted to off-street parking, drives, sidewalks, patios or other such improvements shall be landscaped with grass, shrubs, trees or other ornamental landscape materials within one year following the date of building occupancy.

(b)

All landscaped areas shall be kept neat, clean and uncluttered, and where landscaping is required as part of city approvals, any plant material which is diseased or dies shall be replaced with like kind of the original size within the year of the growing season.

(c)

No landscaped area shall be used for the parking of vehicles or for the storage of display of materials, supplies or merchandise, unless specifically approved by the city.

(d)

Plantings placed upon utility easements are subject to removal by the city or utility company if required for maintenance or improvement of the utility. In such case, costs for removal and replacement shall be the responsibility of the property owner.

(e)

Trees on utility easements containing overhead wires shall not exceed 15 feet in height, and such trees shall be the property owner's responsibility to maintain.

(f)

The owner of the adjacent property may trim or prune parts of plantings, trees, shrubs and the like that extend onto their property.

(Ord. No. 02-2006, exh. 1(19.03), 6-5-2006)

(a)

Fencing and screening.

(1)

Multiple-family uses.

a.

Where any townhouse, twin home or apartment dwelling structure abuts property zoned for less dense residential use, the higher density residential use shall provide screening along all off-street parking or formal outdoor recreational activity areas to mitigate possible adverse impacts.

b.

Along boundaries where parking or formal outdoor recreational activity areas exist, all the fencing and screening specifically required by this chapter shall be subject to section 117-1035 and shall consist of either a fence or a green belt planting strip. A green belt planting strip shall consist of evergreen trees and/or deciduous trees and plants and shall be of sufficient width and density to provide an effective visual buffer. This planting strip shall be designed to provide complete visual screening to a minimum height of six feet. Alternatively, earth mounding or berms may be used to achieve all or a portion of the required buffer. The screening plan including type of plantings and berming shall require the approval of the city, as part of the site plan review pursuant to division 5 of article II of this chapter.

(2)

Nonresidential uses. Where any nonresidential use (i.e., structure, parking or storage) abuts property zoned for residential use, the nonresidential use shall provide screening along its boundary with the residential property. Screening shall also be provided where a nonresidential use is across the street from a residential zone, but not on that side of a nonresidential use considered to be the front (as determined by the zoning administrator). All the fencing and screening specifically required by this chapter shall be subject to section 117-1035 and shall consist of either a fence or a green belt strip as provided for in subsection (a)(1)b of this section.

(b)

Landscaping for new residential subdivisions, apartment dwelling structures, manufactured home parks, commercial structures, and industrial structures. Prior to approval of a building permit, all above referenced uses shall be subject to mandatory landscape plan and specification requirements. All landscaping incorporated in said plan shall conform to the following standards and criteria:

(1)

Landscape design elements. Elements of landscape design may include:

a.

Existing topographical and vegetative features.

b.

Berming.

c.

Plantings, including the required minimum number of overstory trees, shrubs, flowers, and ground cover materials.

(2)

Types and species of new trees.

a.

All tree species shall be indigenous to the appropriate hardiness zone and physical characteristics of the site.

b.

To the extent possible, native drought-resistant trees shall be utilized.

(3)

Number of trees. The minimum number of overstory trees on any given site shall be as follows:

a.

Multiple-family uses. Apartment dwelling structures shall contain as a minimum: one tree per dwelling unit for the first ten units and one tree per five dwelling units thereafter.

b.

Nonresidential uses. Nonresidential uses shall contain at a minimum the greater of:

1.

One tree per 1,000 square feet of gross building floor area; or

2.

One tree per 100 lineal feet of site perimeter.

c.

Substitutions. An equivalent of up to 50 percent of the required number of overstory trees may be substituted with the use of shrubs in combination with other landscape design elements. In such case, not less than two shrubs shall be provided for each one required overstory tree substituted.

(Ord. No. 02-2006, exh. 1(19.04), 6-5-2006)

(a)

As part of the site plan review requirements of division 5 of article II of this chapter or subdivision application, a tree preservation plan shall be submitted for all new and/or expanded subdivision, multiple-family residential, manufactured home park, commercial, industrial, and institutional use.

(b)

This section shall not apply to:

(1)

Lots of record on July 1, 2000.

(2)

Developments for which conditional use permits, site plans, preliminary plats, final plats, or preliminary or final planned unit development plans which have been approved by the city within two years prior to July 1, 2000.

(3)

Sites that have undergone substantial improvements or alterations prior to July 1, 2000.

(c)

The city shall strongly encourage tree preservation on all lots in the city.

(Ord. No. 02-2006, exh. 1(19.05), 6-5-2006)

All rooftop and ground-mounted mechanical equipment of nonresidential buildings shall comply with the following standards:

(1)

All rooftop and ground-mounted mechanical equipment shall be buffered so as to mitigate noise in compliance with section 14-22.

(2)

All rooftop and ground-mounted mechanical equipment shall be designed (including exterior color) and located so to be aesthetically harmonious and compatible with the building. Screening of the equipment may be required where the design, color, and location of the equipment are found to not effectively buffer noise or provide aesthetic harmony and compatibility. Screening shall be constructed of durable materials which are aesthetically compatible with the structure and which may be an integral part of the structure. Applicable requirements for access to the equipment shall be observed in the design and construction of the screening.

(3)

Rooftop mechanical equipment less than three feet in height shall be exempt from the screening requirements of subsection (2) of this section.

(Ord. No. 02-2006, exh. 1(19.06), 6-5-2006)