The purpose of this article is to establish standards for the installation of fencing, screening, and landscaping as may be required by other articles of this Appendix E and to protect the general health, safety, and welfare of the city.

Fences and retaining walls shall be permitted in all yards subject to the following:

(1)

Permit required.

a.

No person shall hereafter erect a boundary line fence six feet high or less, move, or replace an existing fence and/or erect a retaining wall four feet high or less, move, or replace an existing retaining wall without first making an application for and securing a fence and/or retaining wall permit.

b.

No person shall hereafter erect a fence more than six feet high and/or retaining wall more than four feet high without first making an application for and securing a building permit.

(Ord. No. 442, § 2, 8-3-2009)

(2)

Locations—Boundary line fences and retaining walls.

a.

All new fences and retaining walls shall require a boundary line survey with the following exceptions:

1.

Replacement fences shall not require a boundary line survey if located more than three feet from a common property line between adjoining lots or parcels. Retaining walls must be located at least five feet from the property line.

2.

Within three feet or less, a boundary line survey would not be required if the fence location is agreed to by notarized signature of the adjoining property owners and a copy is provided to the city. If no agreement is secured, a boundary line survey would be required. Survey requirements are found in subsection 9-7(1) of this Appendix E.

b.

Fences and retaining walls may be placed on or extend into public rights-of-way or onto public property with the issuance of a license agreement in accordance with article 25 of this Appendix E.

c.

All structural portions of a fence and retaining wall, including foundations, footings and posts, shall be completely placed within the subject property.

(Ord. No. 610, § 5, 9-9-2020)

(3)

Construction and maintenance.

a.

Every fence and retaining wall shall be constructed in a substantial, workmanlike manner and of substantial material reasonably suited for the purpose for which the fence and retaining wall is proposed to be used. Every fence and retaining wall shall be maintained in a condition of reasonable repair and shall not be allowed to become and remain in a condition of disrepair or danger, or constitute a nuisance, public or private. Any such fence and retaining wall which is, or has become dangerous to the public safety, health or welfare, is a public nuisance, and the zoning administrator shall commence proper proceedings for the abatement thereof.

b.

Security fences, wherever allowed, shall be constructed in such a manner that no barbed ends or razor wire shall be at the top.

c.

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.

d.

Within R, Residential districts, chain link fences shall be allowed within the side and rear yards from the front of the principal structure to the rear yard. On corner and through lots, chain link fences shall not be allowed in any front yard abutting a public right-of-way. Chain link fences shall be allowed on lots abutting lakeshore only by conditional use permit in accordance with article 4 of this Appendix E.

(Ord. No. 442, § 3, 8-3-2009)

(4)

Visibility and views.

a.

Traffic sight visibility triangle. On corner lots, no fence, plantings, landscaping, or screen shall be permitted that interferes with the limitations specified by section 16-4 of this Appendix E.

b.

[Fences.] Fences shall not block the view from adjoining property of a lake or park. Said fences shall not exceed 42 inches in height unless approved by the zoning administrator as an administrative permit.

(5)

Residential fencing, screening, and retaining walls.

a.

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

b.

Fences in front, rear, and side yards abutting a street public right-of-way shall not exceed 42 inches in height, except that fences up to six feet in height may be allowed by conditional use permit as regulated by article 4 of this Appendix E.

c.

Retaining walls shall not exceed four feet in height with a minimum three-foot horizontal separation before the next retaining wall, except that retaining walls that exceed four feet in height and/or do not have a minimum three-foot horizontal separation before the next retaining wall may be allowed by conditional use permit as regulated by article 4 of this Appendix E.

(Ord. No. 610, § 5, 9-9-2020)

(6)

Swimming pool protection.

a.

A conditional use permit, as provided for in article 4 of this Appendix E, shall be required for swimming pools having a depth of 24 inches at any point and a surface area exceeding 150 square feet. Each application for a conditional use permit to construct or erect a swimming pool shall be accompanied by plans of sufficient detail to show:

1.

The proposed location of the pool and its relationship to the principal building on the lot.

2.

The 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 fencing and the pool itself.

5.

That the requirements contained in subsections 21-2(3)b., c., and d. of 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 subsection 21-2(3) need only be provided around the means of access on above ground pools which have four feet high, vertical or outward inclined side walls. Prior to filling the pool, the approved fence and/or screen must be completely in place and inspected and approved by the city building official.

c.

In all residential districts, swimming pools shall be setback 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.

(7)

Business fencing. Except in a required front yard, business fences may be erected up to eight feet in height. Fences in front yards and side yards abutting a street public right-of-way shall not exceed 42 inches in height and conform to subsection 21-2(2) of this Appendix E. Fences in excess of eight feet, not located in a required front yard, shall require a conditional use permit, as provided for in article 4 of this Appendix E. All fences shall be in compliance with the provisions of the Design Standards.

(8)

Temporary fences. Fences for temporary 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 article 5 of this Appendix E.

Editor's note— Ord. No. 553, § 3, adopted Jan. 17, 2016, repealed former §§ 21-3—21-5 in their entirety. Subject matter and legislative history of these former sections follow: